City Commission Regular Meeting

City Commission Meeting Minutes October 6, 2020 (APPROVED) This meeting was conducted partially via teleconference Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron Desantis on March 20, 2020, extended via Executive order no. 20-112, and further extended by Executive Orders No 20-114, 20-150, 20-179 and 20-246 municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54 (5)(b)2, Florida Statutes. 10/6/2020 - Minutes 1. INVOCATION Dr. Moyer gave the invocation. 2. PLEDGE OF ALLEGIANCE 3. CALL TO ORDER Mayor Fultz called the meeting to order at approximately 6:00 p.m. after the invocation and the pledge of allegiance. Mayor Fultz read a statement: Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, and extended by Executive Order No. 20 -112, and further extended by Executive Order No. 20 - 114, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. Procedures for public participation will be explained by the City Attorney shortly. Albert Galloway, Jr., City Attorney, read a statement on Procedures for Virtual Public Meetings. Mr. Galloway asked the Commissioners, "are you comfortable with all the notice provisions set forth and these uniform rules of procedures we have established for this Virtual meeting? The Commissioners answered affirmatively. 4. ROLL CALL Commission Members Present: Eugene Fultz - Mayor, Terrye Howell, Al Goldstein, Curtis Gibson, Robin Gibson Staff Present: James Slaton, Interim City Manager; Albert C. Galloway, Jr., City Attorney; Jennifer Nanek, City Clerk 5. PRESENTATION/REPORT 5.I. Presentation - EDC/Chamber Of Commerce  City Clerk 5. PRESENTATION/REPORT 5.I. Presentation - EDC/Chamber Of Commerce Kevin Kieft, Director of the EDC and Chamber of Commerce, shared and reviewed their income statement for 2019-2020. Travel and trade shows are down due to current pandemic. Mr. Kieft reported that a lot of the larger buildings are getting filled. Inventory is lower. He reviewed the process of bringing in new businesses. He shared a video about commercial real estate. Mr. Kieft said we need to be ready and compete for businesses. We need to refocus and look at land development. He shared a video about strategic site inventory. He shared statistics about how Florida is one of the best states to do business in. In Polk County the unemployment rate has decreased to 9.3%. the poverty rate is improving. Next year there will be an uptick in manufacturing jobs which are great for the economy. He said rooftops are key to growing retail. He invited the commission to contact him with any questions. Commissioner Curtis Gibson said he would like a copy of the financial report. He asked is there any tracking for travel for the City. Mr. Kieft said Chamber travel is local almost all of the travel is EDC related. Commissioner Curtis Gibson asked if there is information on what the EDC has done for Lake Wales. Mr. Kieft reviewed some of the projects they have worked on including filling vacancies at the Commerce and Technology Park. The EDC can handle these projects in a confidential manner more than the City can. Outreach has been limited as there are no trade shows right now. The State sends leads to the CFDC. Commissioner Howell asked about the number of new jobs brought in last year. Was it 200? Mr. Kieft said he just has information on larger projects not all of the new jobs. Commissioner Howell asked if we can have a list of companies they talk to and what the results are. Mr. Kieft said he doesn't keep a list of potential projects. Commissioner Howell asked if our incentives need to be better. Mr. Kieft said that some companies have specific location requirements. He reviewed how we get leads from the county based on certain criteria. Commissioner Howell asked if the Chamber office is open yet. Mr. Kieft said its by appointment only. Commissioner Howell asked about improving our incentives. Mr. Kieft said he sent a report to Mr. Slaton of ideas that may help that they will work on. Commissioner Goldstein said he wants Lake Wales to be the best possible and grow. We need to help the mall and fill empty storefronts. We need to sell our great community. He would like to see a better relationship between the City, Chamber and business leaders. Mr. Kieft said he would love to do a big outreach and marketing campaign. Deputy Mayor Robin Gibson commended Mr. Kieft for filling up some of the empty buildings around Lake Wales. Mayor Fultz agreed. 5.II. COVID-19 Update Joe Jenkins, Fire Chief and Emergency Operations Director, gave a COVID-19 update. He said that today's average is 6.14% positive, the 14 day average positive is down to 5.59% and in Lake Wales, the three zip codes, we have had 856 cases. Mayor Fultz said we have had number of cases down some days. Chief Jenkins said its been a roller coaster with ups and downs. This is why the 14 day average is the best picture of what is going on. Deputy Mayor Robin Gibson asked if the Polk County average was the smallest area we could get. Chief Jenkins said yes. We don't have numbers for just cities. Deputy Mayor Robin Gibson said we can't get a positive percent for Lake Wales. Chief Jenkins said no but we can track numbers by zip codes. Deputy Chief Robin Gibson said Lake Wales is probably lower than the County but we have to use County numbers. Chief Jenkins said given the lower density of the Lake Wales area that is probably correct and that is reflected in the report. 6. COMMUNICATIONS AND PETITIONS Anita Wells, resident, asked if there is a way to bring or enhance recreation facilities and activities in Lake Wales such as bowling and fishing. Lake Wales needs to have more recreation facilities. Mayor Fultz said that she needs to meet with James Slaton and he can talk with her about these issues. 6. COMMUNICATIONS AND PETITIONS Anita Wells, resident, asked if there is a way to bring or enhance recreation facilities and activities in Lake Wales such as bowling and fishing. Lake Wales needs to have more recreation facilities. Mayor Fultz said that she needs to meet with James Slaton and he can talk with her about these issues. Virgil Ullom, non-resident, said we as a nation must not forget God. He spoke against threats to our way of life including church burnings and removal of statues. H spoke against socialism. 7. CITY CLERK 7.I. Board Appointments - Historic District Regulatory Board And Planning And Zoning Board [Begin Agenda Memo] SYNOPSIS: Appointments to fill vacancies on the Historic District Regulatory Board and Planning and Zoning Board. RECOMMENDATION Staff recommends that the Mayor and Commission to make the following appointments as deemed appropriate. 1. Appoint Scott Crews to a term on the Historic District Regulatory board for a term expiring July 1, 2022. 2. Appoint Chris Lutton to a new term on the Planning and Zoning Board for a term expiring July 1, 2023 BACKGROUND As of July 1, 2020 terms will have expired on many of our boards. These are those applying for appointment or re-appointments to new terms. The Mayor makes appointments to various citizen advisory and regulatory boards, commissions, committees, and authorities with the advice and consent of the City Commission (City Charter, Sec. 3.06). Historic District Regulatory Board Historic District Regulatory Board (City Code Sec. 23-208.2) – The board consists of five (5) regular members (appointed in accordance with section 2-26). At least 50% of the members shall reside or own property within the City. Members shall be chosen to provide expertise in the following disciplines to the extent such professionals are available in the community: historic preservation, architecture, architectural history, curation, conservation, anthropology, building construction, landscape architecture, planning, urban design, and regulatory procedures. (3-year term) • An interview process is necessary for new applicants only. • Members are required to file an annual Form 1, Statement of Financial Interests • Current Vacancies: 1 vacancy, resident or own property in City; Current Members: Lawrence (Larry) Bossarte, business owner 02/04/20 – 07/01/22, 1 Jonathan Kaufman, non-resident 09/22/20 – 7/1/2022, 1 John Turley, resident 12/18/18 – 07/01/21, 1 Brandon Alvarado, resident 12/18/18 - 07/01/21, 1 Ronni Wood, resident 02/05/19 – 07/01/21, 1 Lawrence (Larry) Bossarte, business owner 02/04/20 – 07/01/22, 1 Jonathan Kaufman, non-resident 09/22/20 – 7/1/2022, 1 John Turley, resident 12/18/18 – 07/01/21, 1 Brandon Alvarado, resident 12/18/18 - 07/01/21, 1 Ronni Wood, resident 02/05/19 – 07/01/21, 1 Applying for Appointment: Scott Crews, non-resident and business owner, for a partial term expiring on 07/01/21 Staff has interviewed the applicant and recommends his appointment. Meetings (City Code Sec. 23-208.3(c)) – The historic board shall hold regular meetings at the call of the chair and at such other times as the board may determine. Special meetings may be called by the chair or vice-chair with twelve (12) hours of notice. No less than four (4) meetings shall be held each year. Current Meeting Schedule: 3rd Thursday @ 5:30 PM; Commission Chamber Functions, powers, and duties (City Code Sec. 23-208.4) 1. To hear and decide upon applications for certificates of appropriateness as required under this chapter; 2. To adopt guidelines for the review and issuance of certificates of appropriateness consistent with the purposes of this chapter, the historic preservation element of the comprehensive plan, and the Secretary of the Interior's standards for historic properties; 3. To make recommendations to the city commission on matters relating to the establishment of historic districts and regulation of such districts; 4. To make recommendations to the planning board and the city commission for amendments to the code of ordinances and the comprehensive plan on matters relating to historic preservation; 5. To make recommendations to the planning board and city commission regarding special permits for properties within an historic district in cases in which the special permit involves work requiring a certificate of appropriateness; 6. To perform any other duties which are lawfully assigned to it by the city commission Planning & Zoning Board (City Code Sec. 23-205.2) – The board consists of seven (7) members. At least four (4) members must reside in the City and three (3) members must either reside in or own real property in the city. (3 year term) • An interview process is required for new applicants only. • Members are required to file an annual Form 1, Statement of Financial Interests • Current Vacancies: 3 vacancies, must reside in or own real property in the City Applying for Re-Appointment: Christopher Lutton to a term that will expire 07/01/23 Current Members: Kyra Love, Resident 8/6/2019 – 7/1/21 1 Diane Sims, resident 02/19/19 – 07/01/21, 1 Charlene Bennett, resident 02/16/10 – 07/01/16, 2 Narvell Petersen, resident 07/05/17 – 07/01/20, 1 Christopher Lutton, resident 07/05/17 – 07/01/20, 1 John Gravel, property owner 05/06/14 – 07/01/16, 1 Linda Bell, property owner 08/01/2017 - 07/01/21, 1 Meetings (2-133) – The planning board shall hold regular meetings at the call of the chairman on the fourth Tuesday of each month and at such other times as the planning board may determine. Special meetings may be called by the chairman or vice-chairman with twelve (12) hours of notice. Current Meeting Schedule: - 4th Tuesday @ 5:00 p.m.; Commission Chamber Rules of procedure (City Code Sec. 23-205.3): The planning board shall elect from its membership one (1) member to serve as chairman Meetings (2-133) – The planning board shall hold regular meetings at the call of the chairman on the fourth Tuesday of each month and at such other times as the planning board may determine. Special meetings may be called by the chairman or vice-chairman with twelve (12) hours of notice. Current Meeting Schedule: - 4th Tuesday @ 5:00 p.m.; Commission Chamber Rules of procedure (City Code Sec. 23-205.3): The planning board shall elect from its membership one (1) member to serve as chairman and one (1) to serve as vice-chairman. a. The term of the chairman and vice-chairman named by the planning board shall be for a period of one (1) year with eligibility for re-election. b. The planning board shall hold regular meetings at the call of the chairman on the fourth Tuesday of each month and at such other times as the planning board may determine. Special meetings may be called by the chairman or vice- chairman with twelve (12) hours of notice. c. The planning board shall adopt rules for transaction of its business and shall keep a public record of its resolutions, transactions, findings and determinations which record shall be filed with the official records of the city. The planning board may set a limit on the number of applications which may be scheduled for review on an agenda. Functions, powers and duties (City Code Sec. 23-205.4) - To act as Local Planning Agency pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, F.S., ch 163, part II, and perform all functions and duties prescribed therein: 1. To advise and make recommendations to the city commission regarding applications for amendments to the official zoning map and comprehensive plan, rezoning of property, preliminary planned development projects and subdivisions; 2. To consider the need for revision or addition of regulations in these land development regulations and recommend changes to the city commission; 3. To hear and decide applications for special exception use permits and site plans in compliance with these regulations; 4. To perform any other duties which are lawfully assigned to it by the city commission OPTIONS Do not appoint those that have applied. FISCAL IMPACT None. These are volunteer boards. [End Agenda Memo] Mayor Fultz appointed Chris Lutton to a new term on the Planning and Zoning Board for a term expiring July 1, 2023 Mayor Fultz appointed Scott Crews to a term on the Historic District Regulatory board for a term expiring July 1, 2022. Deputy Mayor Robin Gibson made a motion to approve the appointments. Commissioner Howell seconded the motion. By Voice vote: Deputy Mayor Robin Gibson "YES" Commissioner Howell "YES" Commissioner Goldstein "YES" Commissioner Curtis Gibson "YES"  Commissioner Howell "YES" Commissioner Goldstein "YES" Commissioner Curtis Gibson "YES" Mayor Fultz "YES" Motion passed 5-0. 8. CONSENT AGENDA Deputy Mayor Robin Gibson made a motion to approve the Consent Agenda. Commissioner Goldstein seconded the motion. By Voice vote: Deputy Mayor Robin Gibson "YES" Commissioner Goldstein "YES" Commissioner Howell "YES" Commissioner Curtis Gibson "YES" Mayor Fultz "YES" Motion passed 5-0. 8.I. Minutes - September 9, 2020 8.II. Agreement For Paramedic Clinical Training With Lake Wales Fire Department [Begin Agenda memo] SYNOPSIS: Approval of the agreement with South Florida State College for an employee-student ride- along program with the Lake Wales Fire Department. RECOMMENDATION It is recommended that the City Commission take the following action(s): 1. Approve the Agreement for the Lake Wales Fire Department to provide a ride-along program for employee-students who are enrolled in South Florida State College’s paramedic program. BACKGROUND Currently, employees of the City of Lake Wales who are enrolled in South Florida State College’s paramedic program have to complete 450 hours of Advanced Life Support (ALS) clinicals (ride-time) with a paramedic preceptor. Of those 450 hours, 90 are permitted to be on a non-transport ALS apparatus. Securing the scheduling for this ride-time has increasingly become difficult for our employees, especially since the COVID-19 pandemic, where many agencies have stopped allowing outside personnel to ride on their apparatus. City of Lake Wales employees who are also students of South Florida State College will now be eligible to schedule with a LWFD paramedic preceptor and ride on an ALS non-transport apparatus, off-duty, to earn the 90 hours needed in their ride-time clinicals. In addition, our employee-students will be working with the preceptors who will become their training officers, once  especially since the COVID-19 pandemic, where many agencies have stopped allowing outside personnel to ride on their apparatus. City of Lake Wales employees who are also students of South Florida State College will now be eligible to schedule with a LWFD paramedic preceptor and ride on an ALS non-transport apparatus, off-duty, to earn the 90 hours needed in their ride-time clinicals. In addition, our employee-students will be working with the preceptors who will become their training officers, once graduated from the paramedic program. This will serve to enhance our program as we strive to produce the highest quality paramedic, providing for the health, safety, and welfare of the citizens of Lake Wales. OTHER OPTIONS Don’t approve this agreement FISCAL IMPACT None [End Agenda Memo] 8.III. Auditing Services Agreement And Audit Engagement Letter [Begin Agenda Memo] SYNOPSIS: Acceptance of Carr Riggs & Ingram CPA and Advisors for professional auditing services for fiscal year ending September 30, 2020 thru 2024, with the option to renew for an additional five year. RECOMMENDATION The Audit Selection Committee recommended that the City Commission approve: 1) Carr Riggs & Ingram CPAs and Advisors for professional auditing services. Staff recommends that the City Commission: Authorize the Interim City Manager to execute the Auditing Service Agreement between the City of Lake Wales and Carr Riggs & Ingram CPA and Advisors, after approval by the City Attorney; and , BACKGROUND On August 7, 2020, a request for proposal for professional auditing services was issued. On August 18, 2020, in compliance with state statute 218.391, the City of Lake Wales established an audit committee. The primary purpose of the audit committee is to assist the governing body in selecting an auditor to conduct the annual financial audit. The Audit Selection Committee met on September 21, 2020 to: 1) Evaluate proposals provided by qualified firms. 2) Rank and recommend in order of preference no fewer then three firms deemed to be the most highly qualified to perform the required services after considering the factors established within the RFP. The audit selection committee members who evaluated the firms were: Eugene Fultz Violeta Salud Rodney Cannon The audit selection committee top three firms, in order of preference, were: 1) Carr, Riggs & Ingram  Violeta Salud Rodney Cannon The audit selection committee top three firms, in order of preference, were: 1) Carr, Riggs & Ingram 2) Cherry Bekaert 3) Purvis Gray & Co The audit selection committee recommends awarding the auditing services agreement to Carr, Riggs & Ingram. Evaluation factors included the firm’s experience/performance on comparable government engagements (20 points), Quality of firm’s professional personnel to be assigned to engagement (20 points), Price quote for service (20 points), adequacy of audit approach (20 points), approach to the management letter (10 points), and familiarity with Certificate of Achievement in Financial Reporting (10 points) to a total of 100 possible points from each evaluator with an aggregate possible evaluation score of 400 points for each firm. The Auditing Service Agreement is for a period of five years with the option to renew for an additional five years. The agreement may be terminated at will by the City at any time by giving thirty (30) days written notice thereof or at the end of any year by refusing to sign the succeeding years’ annual engagement letter. The Auditors may terminate the Agreement at the end of any year by simply refusing to sign the succeeding years’ annual engagement letter. FISCAL IMPACT The all-inclusive maximum price for audits fee for the City audit report and interim work will not exceed $63,000 for 2019/2020 audit. The next four years have all-inclusive maximum price options of: 2020/2021 $ 63,000 2021/2022 63,000 2022/2023 63,000 2023/2024 63,000 [End Agenda memo] 9. OLD BUSINESS 9.I. ORDINANCE 2020-14- Increase In Commissioner Salaries Second Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: ORDINANCE 2020-14 will increase Commissioner Salaries to $6323.27 beginning with the new term in May 2021. RECOMMENDATION Staff Recommends approval of ORDINANCE 2020-14 after Second Reading and Public Hearing. BACKGROUND At a recent workshop, the Commission expressed a desire to increase Commissioner salaries to a level similar to the City of Auburndale’s. This Ordinance will increase Commissioner salaries from $4,817 to $6,323.27 and will increase the Mayor’s salary from $7,226 to $9,484.91 (50% higher than Commissioners). OTHER OPTIONS  $6,323.27 and will increase the Mayor’s salary from $7,226 to $9,484.91 (50% higher than Commissioners). OTHER OPTIONS Do not approve the ordinance or recommend a revision. FISCAL IMPACT Commission member salaries will increase to $6,323.27 annually and the Mayor’s $9484.91. This results in a total annual increase of $8,283.99. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2020-14 by title only. ORDINANCE 2020-14 AN ORDINANCE ADJUSTING COMPENSATION FOR CITY COMMISSIONERS; PROVIDING AN EFFECTIVE DATE. Commissioner Goldstein made a motion to approve the appointments. Deputy Mayor Robin Gibson seconded the motion. By Voice vote: Commissioner Goldstein "YES" Deputy Mayor Robin Gibson "YES" Commissioner Howell "NO" Commissioner Curtis Gibson "NO" Mayor Fultz "YES" Motion passed 3-2. 10. NEW BUSINESS 10.I. Ordinance 2020-27 Zoning Amendment – Chapter 23 Zoning, Land Use And Development First Reading [Begin Agenda Memo] SYNOPSIS The proposed regulations will create the Planned Development Mixed Use zoning district and Master Development Plan process to enable the recently-adopted Mixed Use Master Development Plan Policy (2.18) of the Lake Wales Comprehensive Plan. BACKGROUND At a regular meeting on May 26, 2020, the Planning and Zoning Board made a recommendation of approval to the City Commission to adopt the new Land Development Regulations. Proposed Changes include the following: Table 23-211 will be amended to include the Master Development Plan requiring Administrative – recommendation, Planning Board – recommendation with public hearing, and City Commission – adoption with public hearing. Proposed Changes include the following: Table 23-211 will be amended to include the Master Development Plan requiring Administrative – recommendation, Planning Board – recommendation with public hearing, and City Commission – adoption with public hearing. Section 23-242. Establishment of review fees. Section 23-222.4.a.3 Master Development Plans (MDP) proposed language in attachment A on page 15. Section 23-228 Master Development (MDP) Review Process – this is a brand new section of code to provide the framework for review and approval. Table 23-421 Permitted and special exception uses allowed in zoning districts is amended to include the new district. The majority of the new regulations are the establishment of Division 5. Master Development Plan Regulations and subsequent Sections. The proposed regulations were drafted in collaboration with Diane Chadwick and Katie LaBarr of Stantec, consultants for representing the Winter Haven Corporation. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2020-27 by title only. ORDINANCE 2020-27 AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 23, ZONING, LAND USE AND DEVELOPMENT REGULATIONS ADDING A REVISED ARTICLE IV. DISTRICT REGULATIONS/DIVISION 1. ZONING DISTRICTS/SECTION 23-401.B TO CREATE THE PLANNED DEVELOPMENT MIXED-USE ZONING DESIGNATION; ADDING SECTION 23- 450 MASTER DEVELOPMENT PLAN REGULATIONS; ADDING SECTION 23-228 MASTER DEVELOPMENT REVIEW PROCESS; ADDING A REVISED SECTION 23-222.4.A.3. FOR MASTER DEVELOPMENT PLANS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Deputy Mayor Robin Gibson asked if a public hearing was required. Mayor Fultz said no not for this one. Deputy Mayor Robin Gibson made a motion to approve ORDINANCE 2020-27 after first reading. Commissioner Curtis Gibson seconded the motion. By Voice vote: Deputy Mayor Robin Gibson "YES" Commissioner Curtis Gibson "YES" Commissioner Goldstein "YES" Commissioner Howell "YES" Mayor Fultz "YES" Motion passed 5-0.  Mayor Fultz "YES" Motion passed 5-0. 10.II. Ordinance D2020-03 1st Reading – Comp Plan Amendment/Future Land Use Winter Haven Corp – 1,841.5 Acres West Of Highway 27 [Begin Agenda Memo] SYNOPSIS Land use designations are assigned by the City Commission by ordinance upon a recommendation from the Planning & Zoning Board. The adopted ordinance is transmitted to the state’s Department of Economic Opportunity (DEO) for review. The DEO reviews the designations as appropriate with reference to the City’s Comprehensive Plan. BACKGROUND Staff has been working with a large landowner and their development team to establish a land use category which would facilitate large-scale, unified mixed-use development. The Planning Board recommended approval of the creation of the MU Mixed-Use land use category to City Commission in May of this year, and it was successfully adopted by Commission in June. The next step is to assign the new Mixed-Use land use category to the Winter Haven Corp property. The current land use designation for the property is RR Rural Residential. No development plans have been submitted to the City at this time. Staff recommends approval of the following: Recommended Land Use: FLUM: MU Mixed-Use RECOMMENDATION The Planning & Zoning Board held a public hearing on the proposed amendment to the Future Land Use Map on September 29, 2020 and recommended the proposed amendment as set forth in Ordinance D2020-03 Staff recommends approval at first reading, and adoption at second reading, following a public hearing. Public Notice requirements have been met. FISCAL IMPACT Assigning land use designations enables future improvements of the property and a potential increase in the property value. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE D2020-03 by title only. ORDINANCE D2020-03 (CPA/Future Land Use Map Amendment Winter Haven Corp Property – 1,841.5 acres – US Highway 27) AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO CHANGE LAND USE DESIGNATIONS ON 1,841.5 ACRES OF LAND LOCATED WEST OF HIGHWAY 27 FROM RR RURAL RESIDENTIAL TO MU MIXED USE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO CHANGE LAND USE DESIGNATIONS ON 1,841.5 ACRES OF LAND LOCATED WEST OF HIGHWAY 27 FROM RR RURAL RESIDENTIAL TO MU MIXED USE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Deputy Mayor Robin Gibson made a motion to approve ORDINANCE D2020-03 after first reading. Commissioner Howell seconded the motion. By Voice vote: Deputy Mayor Robin Gibson "YES" Commissioner Howell "YES" Commissioner Goldstein "YES" Commissioner Curtis Gibson "YES" Mayor Fultz "YES" Motion passed 5-0. 10.III. 2040 Comprehensive Plan Update 1st Reading: Ordinance D2020-04 Public Hearing: Notice Requirements Have Been Met [Begin Agenda Memo] SYNOPSIS The City of Lake Wales Comprehensive Plan guides future development of the City and presents a future vision. The Plan includes the following elements: Future Land Use, Transportation, Housing, Utilities, Conservation, Recreation and Open Space, Intergovernmental Coordination, Capital Improvements, Historic Preservation, Economic Development, and School Concurrency. BACKGROUND At least every seven years, local governments must determine whether or not amendments are needed to the Comprehensive Plan. If changes are not needed, the state land planning agency is notified with a letter of determination from the City. If amendments are needed, they are to be transmitted within one year of such determination. Failure to transmit amendments or a notification letter within one year results in the inability to amend our comprehensive plan until we are in compliance. The City’s last update was completed in 2012. The current plan had a horizon of 2015, which means our plan is critically out of date. Keeping the City’s Plan up-to-date is crucial, as it is the centerpiece of local planning efforts and creates a healthy framework which guides development. It gives guidance to landowners and developers and establishes long-range goals for the City. S&ME is the consulting firm that assisted the City with this effort. The City and S&ME hosted a public workshop on Wednesday, July 8th of this year via Zoom, where the public was able to contribute to the conversation, discussing long-term visions and priorities for the City’s growth. The following questions were discussed in the form of “breakout sessions”: - What are our opportunities? - What is Lake Wales’ future? - Where should we be in 10 to 20 years? - How do we get there? - What are our opportunities? - What is Lake Wales’ future? - Where should we be in 10 to 20 years? - How do we get there? Key Updates and changes: Residential maximum densities have been adjusted throughout the Future Land Use element by category in the following ways: - Mixed-Use development in the RAC Regional Activity Center shall not exceed 6 12 units per acre. - Multi-family and mixed commercial/residential use of structures is permitted in the DD Downtown District up to 12 25 dwelling units per gross acre. Residential densities of up to 75 dwelling units are permitted with special approval. - Residential uses in the NAC Neighborhood Activity Center district permitted up to 6 12 units per acre. - Residential uses in the RO Residential Office district permitted up to 6 12 units per acre. - LDR Low Density Residential: 3 5 units per acre. - MDR Medium Density Residential: 6 12 units per acre. - HDR High Density Residential: 12 25 units per acre. These changes are proposed to restore the original densities that were in the Comprehensive Plan from its initial adoption in 1990-91 to when significant changes occurred in 2005-06. By increasing potential residential densities, the intent is to promote more intensive development that is appropriate for a municipality. Other significant changes include the following: - Lake Wales Connected – Policies have been included to support the implementation of this Plan. - Future Extraterritorial Planning - Policies are proposed to promote future planning area studies to establish future land use patterns, transportation, utilities and economic development issues, plus explore the possibility of a Joint Planning Agreement with Polk County. - Information Technology – A policy is proposed to explore the feasibility placing fiber optics and similar infrastructure throughout the City. - Several Policies related to the recognition of property rights. - Elimination of Transportation Concurrency in the CRA – this is intended to further promote redevelopment in the Core Area by eliminating a potential barrier. - Future Bike/Pedestrian Planning – policies to promote the future planning and development of these other modes of transportation are included. Staff wishes to thank Kevin Kieft of the Lake Wales Chamber/Economic Development Council for his feedback regarding the Economic Development Element. Additionally, staff also wishes to acknowledge Megan McLaughlin, AICP, (a prominent historic preservation planner and new resident of Lake Wales) for volunteering to review and comment on the draft Historic Preservation Element. RECOMMENDATION Approval of the 2040 Comprehensive Plan on first reading, following a public hearing. At a regular meeting on September 29, 2020, the Planning and Zoning Board made a recommendation to  RECOMMENDATION Approval of the 2040 Comprehensive Plan on first reading, following a public hearing. At a regular meeting on September 29, 2020, the Planning and Zoning Board made a recommendation to City Commission to adopt the proposed City of Lake Wales 2040 Comprehensive Plan. If approved by the City Commission on First Reading, the 2040 Plan will then be sent to the Florida Department of Economic Opportunity and other state agencies. The City will then receive an Objections, Recommendations, and Comments (ORC) Report. The Second Reading and adoption would then occur within the next 3-4 months. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE D2020-04 by title only. ORDINANCE D2020-04 AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN; INCLUDING MAJOR CHANGES IN THE GOALS, OBJECTIVES, AND POLICIES; UPDATING FLORIDA STATUTE AND FLORIDA ADMINISTRATIVE CODE REFERENCES; EXTENDING THE PLANNING HORIZON TO 2040; UPDATING ALL ELEMENTS INCLUDED IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Deputy Mayor Robin Gibson made a motion to approve ORDINANCE D2020-04 after first reading. Commissioner Howell seconded the motion. By Voice vote: Deputy Mayor Robin Gibson "YES" Commissioner Howell "YES" Commissioner Goldstein "YES" Commissioner Curtis Gibson "YES" Mayor Fultz "YES" Motion passed 5-0. 10.IV. Resolution 2020-36 Extending State Of Local Emergency [Begin Agenda Memo] SYNOPSIS: Resolution 2020-36 declares a State of Emergency for Lake Wales in response to concerns related to COVID-19. This will be in effect from October 9, 2020 until November 9, 2020. RECOMMENDATION Staff recommends adoption of Resolution 2020-36 State of Emergency Declaration from October 9th 2020 until November 9th 2020. BACKGROUND In response to the threat of COVID-19 Mayor Fultz issued a State of Emergency on March 13th for  Staff recommends adoption of Resolution 2020-36 State of Emergency Declaration from October 9th 2020 until November 9th 2020. BACKGROUND In response to the threat of COVID-19 Mayor Fultz issued a State of Emergency on March 13th for seven days and issued three more 7 day States of Emergency after that. The current state of emergency was extended twice more at the beginning of April and again in May, June, July, August and September. The current State of Emergency which was approved by the City Commission on September 9th will expire October 9th. According to Chapter 9 in our Code of Ordinances, the City Commission must approve a State of Emergency to last 30 days. OTHER OPTIONS Do not approve Resolution 2020-36. FISCAL IMPACT There is no fiscal impact from the resolution itself. There will be some costs to the City as we respond to this threat. These costs are being tracked. A declared State of Emergency will allow the City to seek possible reimbursement for those costs. [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2020-36 by title only. RESOLUTION 2020-36 EMERGENCY RESOLUTION BY THE CITY COMMISSION OF THE CITY OF LAKE WALES EXTENDING THE DECLARED A STATE OF EMERGENCY RELATING TO CORONAVIRUS DISEASE COVID-19 Deputy Mayor Robin Gibson made a motion to adopt RESOLUTION 2020-36. Commissioner Howell seconded the motion. By Voice vote: Deputy Mayor Robin Gibson "YES" Commissioner Howell "YES" Commissioner Goldstein "YES" Commissioner Curtis Gibson "YES" Mayor Fultz "YES" Motion passed 5-0. 11. CITY ATTORNEY Albert Galloway Jr., City Attorney, reported on the 9 recommendations from the Charter Review Committee that will be coming before the Commission. 12. CITY MANAGER James Slaton, City Manager, reported that the Park Avenue Construction Documents are reaching the 60% design phase in the next few weeks. The downtown Market Square design draft is nearing completion. They are currently working on getting 12. CITY MANAGER James Slaton, City Manager, reported that the Park Avenue Construction Documents are reaching the 60% design phase in the next few weeks. The downtown Market Square design draft is nearing completion. They are currently working on getting input from key stakeholders. There will be an online public workshop in November. The northwest sidewalks design draft is ready. We need more public feedback and then refine it. A workshop will be scheduled later. The Request for Qualifications for the First Street streetscape design are complete. Those will be advertised next week. The process will take 45-60 days. There will be more updates at next week's CRA meeting. We have a contract with Dover-Kohl to draft Historic Downtown design standards. The state has approved a modification to the trail project to transfer the trail to Park Avenue. 12.I. Tracking Report 12.II. Social Media Tracking Report 12.III. Commission Meeting Calendar Mr. Slaton said that there will be a CRA meeting next week. 13. CITY COMMISSION COMMENTS Commissioner Goldstein reported on the County Commission meeting today. Some cities were approved funding for a home investment partnership program. He would like to improve our relationship with County management. We need a lobbyist to work with us on the state level. Commissioner Goldstein said he would like to move forward on making a decision about the City Manager. Commissioner Goldstein said we need to improve the entrances to the City including signage. The mall is a sore spot that we can't address right now. Mayor Fultz said he agrees with improving entryways. Previous attempts to do something have been unsuccessful. Commissioner Curtis Gibson said he agreed with trying to improve our relationship with the County. Commissioner Curtis Gibson thanked everyone that helped with the cleanup day on September 26. We will do this again. Commissioner Curtis Gibson said he would like to see the Library and City back open with precautions in place. Commissioner Curtis Gibson said he agreed with moving forward on the decision on hiring a City Manager. He commended Mr. Slaton for all he has accomplished in a short period of time. Deputy Mayor Robin Gibson said we need to discuss with the County about the distribution of impact fees. Deputy Mayor Robin Gibson said the issue about the City Manager should be on the next agenda. Deputy Mayor Robin Gibson recommended a resolution on the next agenda concerning Zillow and the Charter Schools. Mr. Slaton said we need to look into this issue further. Deputy Mayor Robin Gibson agreed with need to improve entryways. Mayor Fultz said maybe some of the Civic organizations can help.  Deputy Mayor Robin Gibson recommended a resolution on the next agenda concerning Zillow and the Charter Schools. Mr. Slaton said we need to look into this issue further. Deputy Mayor Robin Gibson agreed with need to improve entryways. Mayor Fultz said maybe some of the Civic organizations can help. Commissioner Howell said she is glad for LED lights as its brighter in some areas. She said to keep going. Commissioner Howell said the vegetation in the lake needs to be addressed. Commissioner Howell asked if we are still repaving streets. Mr. Slaton said yes funding is decreased right now but we are still getting some streets done. Commissioner Howell said she agreed with making a decision about the City Manager. 14. MAYOR COMMENTS Mayor Fultz asked if someone wants to step in and serve on some the boards he is on. He encouraged the Commission to help him sell Lake Wales. Commissioner Curtis Gibson volunteered to help with the TPO. Mayor Fultz said he will recommend him as a replacement. 15. ADJOURNMENT The meeting was adjourned at 7:45 p.m. ____________________________ Mayor ATTEST: ______________________________ City Clerk