Regular City Commission Meeting

CITY OF EAGLE LAKE REGULAR CITY COMMISSION MEETING WEDNESDAY, SEPTEMBER 03, 2025 7: 00 P. M. TO BE HELD IN THE COMMISSION CHAMBERS LOCATED AT 675 E EAGLE AVE EAGLE LAKE, FLORIDA 33839 AGENDA CALL TO ORDER Mayor Coler called the meeting to order at 7: 01 p. m. II. INVOCATION The Invocation was dispensed with as it was done at the previous meeting. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was dispensed with as it was done at the previous meeting. IV. ROLL CALL PRESENT: Billings, Williams, Metosh, Pita, Coler ABSENT: None V. AUDIENCE Pamela Chaney, 790 N 8th St. Eagle Lake, discussed the new the city hall project. Manager Emharth discussed the city hall project. VI. SPECIAL PRESENTATIONS/ RECOGNITIONS/ PROCLAMATIONS, REQUESTS A. Staff Reports Library Director Kristen Barnes updated the Commission regarding the library statistics and events in the library. Code Enforcement Officer Nadeau updated the Commission regarding the Code Enforcement cases in the city and permits issued in the city. There was Commission discussion regarding the boat repairman, and his parcel of land is non- conforming. Mr. Nadeau stated they have mailed 192 Certificate of Use applications and are still compiling the list of businesses. The Commission had questions regarding the buildings beside Eagle Lake Family Diner. Mr. Nadeau stated that the gentleman that owns the buildings will not communicate with the city. Mr. Nadeau advised the owner will be going before the Magistrate in September or October. There was discussion regarding Balance Beauty Salon and if she needed to have an inspection due to recently receiving her certificate of occupancy. Mr. Nadeau stated he has spoken with the owner and advised she needs to provide the city with a copy of her inspection paperwork. Sgt. Turner updated the Commission regarding the events that have occurred in the city. 1 Regular City Commission Meeting September 3, 2025 Page 2 of 9 There was discussion regarding Sgt. Turner studying for his lieutenant exam; it was the consensus of the Commission to have the City Manager investigate the possibility of adding a lieutenant position and adding an additional deputy to the city. B. City Manager Report Mr. Ernharth stated he is working with Zoe Forehand on the Farmers Market. He advised he hasn' t heard back from the railroad regarding the Hold Harmless agreement. Manager Ernharth advised he is working with the developer and county on the Gilbert St project. Mr. Ernharth gave an update on the Green Acres Water Line Project. He advised the county moved the lines for the city when they did their paving project. The work has been completed. The total cost is$ 511, 750 to be paid to the county from the Utility Fund. MOTION was made by Mayor Coler and seconded by Commissioner Metosh to approve the payment of$ 511, 750 for the Green Acres Project. Mayor Coler asked for discussion; there was none. The roll call vote was as follows: AYES: Billings, Williams, Metosh, Pita, Coler NAYS: None Mr. Ernharth advised that$ 1 million will be spent in the Green Acres area for water improvements. Manager Ernharth advised the sidewalk project on Starling Road is in the design phase. Manager Ernharth reported he has spoken to Lake Region' s Principal regarding their sign request, Mr. Ernharth advised he needs to contact FDOT. Mr. Ernharth stated the welcome to Eagle Lake sign to be placed at Squire' s Grove has been ordered. C. Consideration of request from Supervisor of Elections Melony Bell to Change Municipal Election Date. The Commission along with Supervisor of Elections Melony Bell discussed changing Municipal Election date from April Municipal Elections to November Municipal Elections in odd years. There was discussion regarding the need for a referendum for a charter amendment to allow City Commission terms to go from 2 years to 4 years to accommodate this request. If passed by the voters existing terms would need to be extended to meet the new election schedule. MOTION was made by Mayor Coler and seconded by Commissioner Pita to direct City Attorney to draft an ordinance with the necessary verbiage for a Charter Amendment to increase City Commission terms from 2 years to 4 years. Mayor Coler asked for audience and commission discussion; there was none The roll call vote was as follows: 2 Regular City Commission Meeting September 3, 2025 Page 3 of 9 AYES: Billings, Williams, Metosh, Pita, Coler NAYS: None VII. PUBLIC HEARINGS A. Consideration of the second reading of Ordinance No. 0-25- 11, An Ordinance of the City of Eagle Lake, Florida Extending the Corporate Limits of the City of Eagle Lake to Include Therein Additional Territory Lying Contiguous and Adjacent to the Present Boundaries of the City of Eagle Lake; Describing Said Additional Territory; Repealing all Ordinances Conflicting Herewith and Providing an Effective Date. ( General Location: Two parcels of land totaling approximately 5. 93 acres in size, lying east of Cooley Rd and south of HWY 540 W with a street address of 361 Cooley Rd and 0 County Road 540 W, Eagle Lake, Florida 33839) Wilson Family/ Taylor Family/ Johnston Family Trust Property effective upon second reading Attorney Maxwell read Ordinance No. 0-25- 11 by title. City Manager Ernharth explained this ordinance was to annex land into the city. MOTION was made by Commissioner Metosh and seconded by Commissioner Billings to approve Ordinance No. 0-25- 11. Mayor Coler asked for audience and commission discussion; there was none. The roll call vote was as follows: AYES: Billings, Williams, Metosh, Pita, Coler NAYS: None B. Consideration of the second reading of Ordinance No. 0-25- 12, An Ordinance Amending the City of Eagle Lake, Florida 2030 Comprehensive Plan by Revising the Future Land Use Map Series to Assign Neighborhood Activity Center Future Land Use to Two( 2) Annexed Parcels; Amending the City of Eagle Lake, Florida Zoning Map to Apply General Commercial( CG) Zoning to the Same Certain Parcels; Repealing all Ordinances in Conflict Herewith; and, Providing an Effective Date. General Location: Two parcels of land totaling approximately 5. 93 acres in size, lying east of Cooley Rd and south of HWY 540 W with a street address of 361 Cooley Rd and 0 County Road 540 W, Eagle Lake, Florida 33839) Wilson Family/ Taylor Family/ Johnston Family Trust Property effective upon second reading Attorney Maxwell read Ordinance No. 0-25- 12 by title. City Manager Ernharth explained this ordinance was to assign the city' s Future Land Use and Zoning to the property. MOTION was made by Commissioner Metosh and seconded by Commissioner Billings to approve Ordinance No. 0-25- 12. Mayor Coler asked for audience and commission discussion; there was none. The roll call vote was as follows: AYES: Billings, Williams, Metosh, Pita, Coler NAYS: None 3 Regular City Commission Meeting September 3, 2025 Page 4 of 9 C. Consideration of the second reading of Ordinance No. 0-25- 13, An Ordinance Amending the City of Eagle Lake, Florida 2030 Comprehensive Plan by Revising the Future Land Use map Series to Assign Public/ Institutional Future Land Use to one( 1) Annexed Parcel; Amending the City of Eagle Lake, Florida Zoning Map to Apply Planned Unit Development- Commercial( PD- C) Zoning to the Same Certain Parcel; Repealing all Ordinances in Conflict Herewith; and, Providing an Effective Date.( General Location: One parcel of land totaling approximately, 9. 92 acres in size, lying east of Cameron Road and north of Gilbert St. with a street address of 915 Cameron Rd Winter Haven, Florida 33830) Polk County Property effective upon second reading Attorney Maxwell read Ordinance No. 0-25- 13 by title. City Manager Ernharth explained the ordinance is to change the zoning on the property that would allow the new fire station. MOTION was made by Commissioner Metosh and seconded by Commissioner Billings to approve Ordinance No. 0-25- 13. Mayor Coler asked for audience and commission discussion; there was none. The roll call vote was as follows: AYES: Billings, Williams, Metosh, Pita, Coler NAYS: None D. Consideration of the second reading of Ordinance No. 0-25- 14, An Ordinance of the City Commission of the City of Eagle Lake, Florida, Amending the City of Eagle Lake Code of Ordinances, Chapter 16, Utilities, Article V. Billing Procedures, Fees and Deposits, Section 16- 142 and Section 16- 144; Establishing a Fee to Set up and Maintain Payment Plan for Utility Accounts; Providing for Codification; Providing for Conflicts; Providing for Severability; and Providing an Effective Date. effective upon second reading Attorney Maxwell read Ordinance No. 0- 25- 14 by title. MOTION was made by Commissioner Metosh and seconded by Commissioner Billings to approve Ordinance No. 0- 25- 14. Mayor Coler asked for audience and commission discussion; there was none. The roll call vote was as follows: AYES: Billings, Williams, Metosh, Pita, Coler NAYS: None E. Consideration of the second reading of Ordinance No. 0-25- 15, An Ordinance of the City Commission of the City of Eagle Lake, Florida, Amending Chapter 16, Article II, Section 16- 27, Water Rates, of the Code of Ordinances of the City of Eagle Lake, Florida, Providing an Increase in Residential and Commercial Water Rates Inside and Outside the City; and Amending Chapter 16, Article III, Section 16- 59, Sewer Rates, of the Code of Ordinances, Providing an Increase in Residential and Commercial Sewer Rates Inside and Outside the City; Providing a Conflict and Severability Clause and an Effective Date. effective upon second reading Attorney Maxwell read Ordinance No. 0-25- 15 by title. City Manager Ernharth explained the ordinance. 4 Regular City Commission Meeting September 3, 2025 Page 5 of 9 MOTION was made by Commissioner Metosh and seconded by Commissioner Billings to approve Ordinance No. 0- 25- 15. Mayor Coler asked for audience and commission discussion. Shaqila Baker, 2728 Steven Drive asked about the increase. The Commission explained the rate increase. City Manager Ernharth explained the Polk Regional Water Cooperative and the requirement to purchase water from the cooperative. The roll call vote was as follows: AYES: Billings, Williams, Metosh, Pita, Coler NAYS: None F. Consideration of the second reading of Ordinance No. 0-25- 16, An Ordinance Amending the City of Eagle Lake, Florida Code of Ordinances by Amending Chapter 12, Solid Waste, Article III Collection and Disposal, Sec. 12- 54 Service Fees — Regular Garbage and Trash Collection, To Update the Charges for Solid Waste Collection and Disposal Authorized therein; Providing for Conflicts, Severability and an Effective Date. effective upon second reading Attorney Maxwell read Ordinance No. 0-25- 16 by title. City Manager Emharth explained the ordinance. MOTION was made by Commissioner Metosh and seconded by Commissioner Pita to approve Ordinance No. 0-25- 16. Mayor Coler asked for audience and commission discussion; there was none. The roll call vote was as follows: AYES: Billings, Williams, Metosh, Pita, Coler NAYS: None G. Consideration of the first reading of Resolution No.: R- 25- 15, A Resolution of the City of Eagle Lake, Florida Adopting the Millage Rate for the City of Eagle Lake, Florida for Fiscal Year 2025- 2026; Providing for Conflicts, Severability and Effective Date. Attorney Maxwell read Resolution No. R- 25- 15 by title. City Manager Ernharth stated: The name of the Taxing Authority is the City of Eagle Lake The roll- back rate is 7. 6078; the percentage of increase over the roll- back rate is . 58% The Millage rate to be levied is 7. 6516 The reason for the millage rate being higher than the rolled- back rate is to provide for the additional revenues for cash balances. MOTION was made by Commissioner Metosh and seconded by Commissioner Pita to approve Resolution No. R- 25- 15. Mayor Coler asked for audience and commission discussion; there was none. The roll call vote was as follows: 5 Regular City Commission Meeting September 3, 2025 Page 6 of 9 AYES: Billings, Williams, Metosh, Pita, Coler NAYS: None H. Consideration of the first reading of Resolution No.: R- 25- 16, A Resolution of the City of Eagle Lake, Florida Adopting a Budget for the City of Eagle Lake for Fiscal Year 2025- 2026 Reflecting the Revenue Generated Together with the Sources of the Revenue; Delineating the Expenditures by Department of Activity; Approving a Personnel Budget Providing for Conflicts, Severability and Effective Date. Attorney Maxwell read Resolution No. R-25- 16 by title. City Manager Ernharth stated: Total revenues are$ 11, 251, 875. 00 and the total expenditures are$ 11, 251, 875. 00. MOTION was made by Commissioner Metosh and seconded by Mayor Coler to approve Resolution No. R- 25- 16. Mayor Coler asked for audience and commission discussion. The commission discussed the budget process and if a workshop was needed; it was the consensus of the commission not to have a workshop. The roll call vote was as follows: AYES: Billings, Williams, Metosh, Coler NAYS: Pita VIH. OLD BUSINESS A. Consideration of Settlement Agreement for City of Eagle Lake v Gonzalez Eminent Domain Case— Mediated Settlement Agreement MOTION was made by Mayor Coler and seconded by Commissioner Metosh to approve Settlement Agreement for City of Eagle Lake v Aurelio and Abril Gonzalez Case No. 2024CA- 003690100 and authorize the City Manager to issue a check in the amount of 312, 528. 00 to the Lowndes, Drosdick, Doster, Kantor& Reed PA Trust Account. Mayor Coler asked for audience and commission discussion; there was none. The roll call vote was as follows: AYES: Billings, Williams, Metosh, Pita, Coler NAYS: None B. Consideration of Resolution No. R- 25- 17, A Resolution Vacating a Parcel of Land That is a Part of Brookins Avenue, A Platted Roadway Lying within Eagle Lake, Polk County, Florida. Providing an Effective Date. MOTION was made by Commissioner Metosh and seconded by Commissioner Pita to approve Resolution No. R- 25- 17. 6 Regular City Commission Meeting September 3, 2025 Page 7 of 9 Mayor Coler asked for audience and commission discussion; there was none. The roll call vote was as follows: AYES: Billings, Williams, Metosh, Pita, Coler NAYS: None C. Consideration of Resolution No. R- 25- 18, A Resolution Vacating a Portion of Pearce Avenue East, A Platted Right of Way Lying within Eagle Lake, Polk County, Florida, and Providing an Effective Date. ' City Manager Ernharth explained the location of the vacation. MOTION was made by Commissioner Metosh and seconded by Commissioner Pita to approve Resolution No. R- 25- 18. Mayor Coler asked for audience and commission discussion; there was none. The roll call vote was as follows: AYES: Billings, Williams, Metosh, Pita, Coler NAYS: None IX. NEW BUSINESS A. Consideration of Subordination of City Utility Interests Attorney Maxwell explained the Subordination of City Utility Interests for the 7- 11 project. MOTION was made by Commissioner Pita and seconded by Commissioner Metosh to approve Subordination of City Utility Interests. Mayor Coler asked for audience and commission discussion; there was none. The roll call vote was as follows: AYES: Billings, Williams, Metosh, Pita, Coler NAYS: None B. Consideration of Easement— Polk Regional Water Cooperative MOTION was made by Commissioner Williams and seconded by Commissioner Metosh to approve Easement— Polk Regional Water Cooperative. Mayor Coler asked for audience and commission discussion. The Commission questioned if the Polk Regional Water Cooperative were to cease to exist would the easement be nullified. Attorney Maxwell stated if a party ceases to exist the easement would no longer exist; expires by way of having no necessity. The roll call vote was as follows: AYES: Billings, Williams, Metosh, Pita, Coler 7 Regular City Commission Meeting September 3, 2025 Page 8 of 9 NAYS: None X. CONSENT AGENDA A. Approval of the Regular City Commission Minutes 08/ 04/ 2025 MOTION was made by Commissioner Billings and seconded by Commissioner Pita to approve the Regular City Commission Minutes of 08/ 04/ 2025. Mayor Coler asked for audience and commission discussion; there was none. The vote was as follows: AYES: 5 NAYS: 0 B. Approval of the Financials MOTION was made by Mayor Coler and seconded by Commissioner Williams to approve the Financials. Mayor Coler asked for audience and commission discussion; there was none. The vote was as follows: AYES: 5 NAYS: 0 C. Approval of the Bad Debt list in the amount of$ 1, 726. 78 , MOTION was made by Commissioner Williams and seconded by Commissioner Williams to approve the Bad Debt list$ 1, 726. 78. Mayor Coler asked for audience and commission discussion; there was none. The vote was as follows: AYES: 5 NAYS: 0 XI. CITY ATTORNEY Attorney Maxwell had no report. XII. CITY COMMISSION Commissioner Pita had no report. Commissioner Williams advised Eagle Lake Park opening ceremony Friday night for new season. 8 I I Regular City Commission Meeting September 3, 2025 Page 9 of 9 The Commission discussed the City Hall Design meeting on Tuesday, September 9'. Attorney Maxwell advised that if more than one commissioner was present there could not be discussion/ dialogue between the Commission unless the meeting is properly noticed to the public. Commissioner Metosh thanked Sgt Turner for assisting in obtaining the no through trucks signs on Eagle Ave. Commissioner Billings had no report. Mayor Coler had no report but encouraged the Commission to find ways to work together. XIII. ADJOURNMENT MOTION was made by Mayor Coler and seconded by Commissioner Billings to adjourn at 8: 30 p.m. The vote was as follows: mit ill" r//, i AYES: 5 of EgGl,//, i, y F NAYS: 0 GpRPOR40• y l SEAL 19 1 MAYO CORY COLER 1, ..• A " aux} CITY CLERK DAWN 01 HT 9