City Commission Regular Meeting

City Commission Meeting Minutes March 2, 2021 (APPROVED) This meeting was conducted partially via teleconference. The City of Lake Wales held this hybrid virtual public meeting using the GoToMeeting 3/2/2021 - 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. 4. ROLL CALL Commission Members Present: Eugene Fultz - Mayor, Terrye Howell, Al Goldstein, Curtis Gibson, Robin Gibson Staff Present: James Slaton, City Manager; Albert C. Galloway, Jr., City Attorney; Jennifer Nanek, City Clerk Mayor Fultz read a statement. The Governor’s Executive Order 20-246 allowing for meetings of a Municipality’s governing boards without having a quorum of its members present physically or at any specific location has expired as of Nov. 1. However due to the ongoing State of Emergency, while a majority of Commission Members must be present in the Chambers, members of the staff and public may still participate in our meetings virtually. Members of the public are welcome to come into the Commission Chambers to participate in our Commission Meetings. We will check your temperature before entering the building, we ask that everyone be mindful of social distancing, wearing a mask is required, and please sit in designated seating. Any member of the public may register to participate in our meetings virtually where they can speak at www.lakewalesfl.gov/register 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. As an alternative, members of the public may submit comments and questions at www.lakewalesfl.gov/comments for either a specific Agenda Item or for Communications and Petitions. Additional Information and 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  Additional Information and 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. 5. PROCLAMATIONS AND AWARDS 5.I. PROCLAMATION - Problem Gambling Awareness Month Mayor Fultz read a Proclamation establishing March as Problem Gambling Awareness Month. 6. COMMENTS AND PETITIONS Michelle Threat, resident, asked what the primary use of the Y will be. She asked what the plan was for hiring an assistant City Manager. She asked about the $500,000 mentioned by Commissioner Curtis Gibson at the last meeting. Mayor Fultz said Mr. Slaton can answer those questions for her. Commissioner Curtis Gibson said he will get with her on the 3rd question later. Terry Christian, taxpayer, noted that the leadership of the Police Department are out doing community service in the community. Thats good. There are good officers in the community. We need to keep these officers in Lake Wales. Resident (Name unclear) spoke against Leoma's Landing. He said the development department needs to have good planning. He is not against growth. A community should be about the people. He spoke against the proposed changes. The lots will be too small and the traffic will be worse. He asked the commission to review the details of the proposed changes. 7. CITY CLERK 7.I. Board Appointments - Board Of Zoning Adjustments And Appeals And Planning And Zoning Board [Begin Agenda Memo] SYNOPSIS: Appointments to fill vacancies on the Board of Zoning Adjustment and Appeals and Planning and Zoning Board. RECOMMENDATION Staff recommends that the Mayor and Commission make the following appointments as deemed appropriate. 1. Appoint Crystal Higbee for a term on the Board of Zoning Adjustment and Appeals expiring on 7/1/2023 2. Appoint Buck Scott to a term on the Planning and Zoning Board that will expire 07/01/23. 3. Appoint Casey McKibben to a partial term on the Planning and Zoning Board that will expire 07/01/21 and to a full term that will expire on 07/01/2024. BACKGROUND There is a vacancy on the Board of Zoning Adjustment and Appeals due to a resignation. 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). Board of Zoning Adjustment and Appeals (BOA) (City Code Sec. 23-206.1) The board consists of five (5) members. Members must be residents. (3 year term) 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). Board of Zoning Adjustment and Appeals (BOA) (City Code Sec. 23-206.1) The board consists of five (5) members. Members must be residents. (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 vacancies Current Members: James Boterf, resident 10/04/11 – 07/01/23, 4 Deborah Solow, resident 02/19/20 – 07/01/20, P Sue Marino, resident 07/01/19 – 07/01/22, P+2 Turner, Warren 07/05/17 - 07/01/23, 2 Applying for Appointment: Crystal Higbee for a term expiring on 7/1/2023 The board recommends her reappointment. Meetings (City Code Sec. 23-206.2(c)) - The board of appeals 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. Current Meeting Schedule: 3rd Thursday @ 9:00 AM; Commission Chamber [The meeting time could be changed to accommodate members who work during the day.] Duties (City Code Sec. 23-206.3) – The Board of Appeals shall: 1. Hear and decide appeals where it is alleged that there is an error in any order, decision or determination of the administrative official in the enforcement of these zoning regulations; 2. Authorize such variance from the terms of these zoning regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these zoning regulations would result in unnecessary and undue hardship. A variance from the terms of these zoning regulations shall not be granted until a public hearing is held before the board of appeals; 3. Hear and decide appeals where the planning board has denied an application for a special exception use permit or site plan approval; 4. 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: 2 vacancies, must reside in or own real property in the City 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 – 07/01/23, 2 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.  Christopher Lutton, resident 07/05/17 – 07/01/23, 2 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 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 Applying for Appointment: Buck Scott to a term that will expire 07/01/23 Casey McKibben to a term that will expire 07/01/21 and to a full term that will expire 7/1/2024 The Planning and Zoning Board recommends these appointments. Also applied: Cathy Garrett, Courtney Schmitt, Shane Hansen OPTIONS Do not appoint those that have applied. FISCAL IMPACT None. These are volunteer boards. [End Agenda Memo] Crystal Higbee, resident, introduced herself. Deputy Mayor Robin Gibson asked about her interest in the board. Ms. Higbee shared some personal experience with property concerns. Commissioner Curtis Gibson said Ms. Higbee has done a good job at the Circle of Friends. Mayor Fultz appointed Crystal Higbee for a term on the Board of Zoning Adjustment and Appeals expiring on Deputy Mayor Robin Gibson asked about her interest in the board. Ms. Higbee shared some personal experience with property concerns. Commissioner Curtis Gibson said Ms. Higbee has done a good job at the Circle of Friends. Mayor Fultz appointed Crystal Higbee for a term on the Board of Zoning Adjustment and Appeals expiring on 7/1/2023. There was a voice vote to approve the appointment. Commissioner Curtis Gibson "YES" Commissioner Goldstein "YES" Commissioner Howell "YES" Deputy Mayor Robin Gibson "YES" Mayor Fultz "YES" Motion passed 5-0. Crystal Higbee shared about an upcoming chili cookout event for Circle of Friends organization. Buck Scott introduced himself to the Commission and his interest in the Planning and Zoning Board. Mayor Fultz appointed Buck Scott to a term on the Planning and Zoning Board that will expire 07/01/23. Commissioner Curtis Gibson made a motion to approve the appointment. Commissioner Goldstein seconded the motion. There was a voice vote to approve the appointment. Commissioner Curtis Gibson "YES" Commissioner Goldstein "YES" Commissioner Howell "YES" Deputy Mayor Robin Gibson "YES" Mayor Fultz "YES" Motion passed 5-0. Casey McKibben introduced himself to the Commission and his interest in the board. The Mayor appointed Casey McKibben to a partial term on the Planning and Zoning Board that will expire 07/01/21 and to a full term that will expire on 07/01/2024. Commissioner Goldstein made a motion to approve the appointment. Commissioner Curtis Gibson seconded the motion. There was a voice vote to approve the appointment. Commissioner Goldstein "YES" Commissioner Curtis Gibson "YES"  There was a voice vote to approve the appointment. Commissioner Goldstein "YES" Commissioner Curtis Gibson "YES" Commissioner Howell "YES" Deputy Mayor Robin Gibson "YES" Mayor Fultz "YES" Motion passed 5-0. 8. CONSENT AGENDA Commissioner Goldstein made a motion to approve the Consent Agenda. Commissioner Curtis Gibson seconded the motion. By voice vote: Commissioner Goldstein "YES" Commissioner Curtis Gibson "YES" Commissioner Howell "YES" Deputy Mayor Robin Gibson "YES" Mayor Fultz "YES" Motion passed 5-0. 8.I. Minutes - Agenda Work Session December 9, 2020, Commission Meeting December 15, 2020 And Special Commission Meeting February 19, 2021 8.II. Canvassing Board Appointments [Begin Agenda Memo] SYNOPSIS: It is necessary for the Commission to appoint alternate members to serve on the City of Lake Wales Canvassing Board. RECOMMENDATION It is recommended that the City Commission take the following action: 1. Appoint residents Jim Reddick, James Weaver, Jennifer Leeks and Rodney Cannon to serve as alternate members to the Lake Wales Canvassing Board. 2. Designate the City Clerk and/or Deputy City Clerk to represent the Canvassing Board at the Pre- election Logic and Accuracy Testing of Tabulating Equipment (L&A) on Tuesday, March 30, 2021 at 4:00 p.m. The City Clerk is required to attend the L&A Testing but if unavailable it is necessary to authorize a person to attend on behalf of the City Clerk if a Canvassing board member is unavailable to attend the L&A Testing. BACKGROUND  at 4:00 p.m. The City Clerk is required to attend the L&A Testing but if unavailable it is necessary to authorize a person to attend on behalf of the City Clerk if a Canvassing board member is unavailable to attend the L&A Testing. BACKGROUND The City Commission serves as the Canvassing Board and has legal responsibilities related to the conduct of the Municipal Election. However, there are legal rules that apply. No member can serve if he or she is a candidate with opposition in the election being canvassed or is actively participating in the campaign or the candidacy of any candidate who has opposition in the election being canvassed. Actively participating means undertaking an intentional effort to demonstrate or generate public support for a candidate beyond merely making a campaign contribution. Refer to DE 8-10; 09-07. There are two seats up for election and two of the Commission members are incumbents in the election so those members do not qualify to serve on the Canvassing Board. One Commissioner has excused himself for scheduling reasons. Three members are necessary for a quorum. Even with three members it is still necessary for the Commission to appoint alternate members to serve on the Canvassing Board if a lack of a quorum is created on the Canvassing Board due to the legal rules that applies or any other unavoidable cause. In accordance with Sec. 8-26, Lake Wales Code of Ordinances, the City Commission may appoint the city manager, city attorney, or a resident/s to serve as a member to the Canvassing Board in the absence of the Commission member creating the lack of quorum. Jim Reddick, Rodney Cannon, Jennifer Leeks, and James Weaver have served on other City boards. The City Clerk recommends their appointment. Per Florida Statute, Canvassing Board members are required to attend the following meetings. Pre-election Logic and Accuracy Testing of Tabulating Equipment (L&A) Tuesday, March 30, 2021; 4:00 p.m. Elections Operations Center, 70 Florida Citrus Blvd. Winter Haven, FL 33880 (behind the Auburndale Speedway). At least 1 member of the Canvassing Board or representative must attend the L&A Testing. Election Night Canvassing of Ballots Tuesday, April 6, 2021, time to be scheduled by SOE (5pm or later) Elections Operations Center, 70 Florida Citrus Blvd. Winter Haven, FL 33880 -A quorum must be present and must remain until all ballots are tabulated. Certification of Election City of Lake Wales Municipal Administration Building Thursday, April 8, 2021; 5:30 p.m. -A Quorum must be present. Post-Election Manual Audit Date & Time to be determined – Tuesday April 13, 2020 Elections Operations Center 70 Florida Citrus Blvd. Winter Haven, FL 33880 -A quorum must be present. [End Agenda Memo] 8.III. Rescheduling First City Commission Meeting In April [Begin Agenda Memo] SYNOPSIS: It is necessary for the City Commission to reschedule its first meeting in April due to the April 6, 2021 Municipal Election RECOMMENDATION It is recommended that the City Commission take the following action: 1. Reschedule the first City Commission meeting in April from 6:00 p.m., Tuesday, April 6, 2021  April due to the April 6, 2021 Municipal Election RECOMMENDATION It is recommended that the City Commission take the following action: 1. Reschedule the first City Commission meeting in April from 6:00 p.m., Tuesday, April 6, 2021 to 6:00 p.m., Wednesday, April 7, 2021 due to the April 6, 2021 Municipal Election. BACKGROUND Pursuant to authority provided by F.S. § 100.3605, the City adopted the first Tuesday in April as the date for all regular city elections to fill the office of city commissioner. The City’s election this year is on Tuesday, April 6, 2021, which is the same day as the first regular scheduled Commission meeting in April. It is necessary for the Commission to reschedule its first Commission meeting in April from 6:00 p.m., Tuesday, April 6, 2021 to 6:00 p.m., Wednesday, April 7, 2021. OTHER OPTIONS The Commission could choose another date. FISCAL IMPACT There is no fiscal Impact. [End Agenda Memo] 9. OLD BUSINESS 9.I. ORDINANCE D2020-04 Comprehensive Plan Adoption 2nd Reading And Public Hearing. [Begin Agenda Memo] SYNOPSIS: At least every seven years, local governments must determine whether or not amendments are needed to the Comprehensive Plan. The current plan had a horizon of 2015 and was critically out of date. The proposed updated plan will have a horizon of 2040. RECOMMENDATION Staff recommends adoption of the 2040 Comprehensive Plan on second 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. City Commission approved the ordinance at the October 6, 2020 transmittal hearing. The Plan was then sent to the Florida Department of Economic Opportunity and other state agencies. The City received an Objections, Recommendations, and Comments (ORC) Report on December 22, 2020 from DEO with four items to review (see attached report). The State’s comments have been addressed and the Plan is ready for adoption. BACKGROUND 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. 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 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. 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? 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 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. - After the transmittal hearing in October, policies have been added with the intent to adopt a Mobility Plan and implement a Mobility Fee in order to fund roadway and streetscape improvements. [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  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 Commissioner Curtis Gibson made a motion to adopt ORDINANCE D2020-04 after second reading and public hearing. Deputy Mayor Robin Gibson seconded the motion. By Roll call vote: Commissioner Curtis Gibson "YES" Deputy Mayor Robin Gibson "YES" Commissioner Howell "YES" Commissioner Goldstein "YES" Mayor Fultz "YES" Motion passed 5-0. 10. NEW BUSINESS 10.I. RESOLUTION 2021-04 Railroad Crossing Safety Program Upgrade [Begin Agenda Memo] Subject: Resolution 2021-04, Railroad Reimbursement Agreement Grade Crossing Traffic Control Devices with the Florida Department of Transportation and Florida Midland Railroad. Synopsis: The City Commission will consider approving Resolution 2021-04, an agreement with FDOT and Florida Midland Railroad to upgrade the Lincoln Avenue railroad crossing. RECOMMENDATION 1. Approve Resolution 2021-04, authorizing an agreement between the City of Lake Wales and the Florida Department of Transportation and Florida Midland Railroad for the Railroad Reimbursement Grade Crossing Traffic Control Devices upgrade for the Lincoln Avenue railroad crossing. 2. Authorize the Mayor to execute the agreement. BACKGROUND The Florida Department of Transportation notified the city that they would be upgrading the railroad crossing at Lincoln Avenue to a Class III railroad crossing. The upgrade will include new flasher and gate type signals equipped with LED lights and pole mounted bells, wired shelter and all required and miscellaneous materials to complete the new signal system. The cost of $209,890.00 for the upgrade will be borne by FDOT. After the upgrade, the city's annual maintenance responsibility will be $3,600.00 annually. Resolution 2021-04 authorizes the mayor to execute the agreement on behalf of the city. FISCAL IMPACT The current fiscal year 20/21 budget is not affected. The fiscal year 21/22 budget will reflect the  After the upgrade, the city's annual maintenance responsibility will be $3,600.00 annually. Resolution 2021-04 authorizes the mayor to execute the agreement on behalf of the city. FISCAL IMPACT The current fiscal year 20/21 budget is not affected. The fiscal year 21/22 budget will reflect the additional cost for the railroad-crossing program. OTHER OPTIONS The City already has an agreement with FDOT and Florida Midland Railroad for the annual maintenance of railroad crossings in the City. [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2021-04 by title only. RESOLUTION 2021-04 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY AN AGREEMENT BETWEEN THE CITY OF LAKE WALES AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND FLORIDA MIDLAND RAILROAD FOR RAILROAD REIMBURSEMENT AND FOR THE INSTALLATION AND MAINTENANCE OF CERTAIN GRADE CROSSING TRAFFIC ONTROL DEVICES ON LINCOLN AVENUE FINANCIAL PROJECT NUMBER: 44669015701, CROSSING NUMBER: 625472A. Deputy Mayor Robin Gibson said that accidents at railroad crossings are awful and safety improvements are a good thing. He asked about the cost to the City. James Slaton, City Manager, reviewed the costs and said the only cost to the City is a $600 maintenance fee. Deputy Mayor Robin Gibson said that this is a no-brainer. Deputy Mayor Robin Gibson made a motion to adopt RESOLUTION 2021-04 after second reading and public hearing. Commissioner Curtis Gibson seconded the motion. By Roll call vote: Deputy Mayor Robin Gibson "YES" Commissioner Curtis Gibson "YES" Commissioner Howell "YES" Commissioner Goldstein "YES" Mayor Fultz "YES" Motion passed 5-0. 10.II. Resolution 2021-05 State Of Emergency Declaration [Begin Agenda Memo] SYNOPSIS: Resolution 2021-05 declares a State of Emergency for Lake Wales in response to concerns related to COVID-19. This will be in effect from March 2, 2021 until April 2, 2021. RECOMMENDATION  SYNOPSIS: Resolution 2021-05 declares a State of Emergency for Lake Wales in response to concerns related to COVID-19. This will be in effect from March 2, 2021 until April 2, 2021. RECOMMENDATION Staff recommends adoption of Resolution 2021-05 State of Emergency Declaration from March 2nd 2021 until April 2nd 2021. 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 throughout 2020. The current State of Emergency, which was approved by the Commission on January 19, 2021 expired February 19th. 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 2021-05. 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 21-05 by title only. RESOLUTION 2021-05 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 2021-05 after second reading and public hearing. Commissioner Curtis Gibson seconded the motion. By Roll call vote: Deputy Mayor Robin Gibson "YES" Commissioner Curtis Gibson "YES" Commissioner Howell "YES" Commissioner Goldstein "YES" Mayor Fultz "YES" Motion passed 5-0. 11. CITY MANAGER James Slaton, City Manager, said City Attorney evaluations have been distributed to the Commissioners  Motion passed 5-0. 11. CITY MANAGER James Slaton, City Manager, said City Attorney evaluations have been distributed to the Commissioners and are due back on the 19th. Mr. Slaton said that MainStreet is hosting a Park Avenue progress update at Market Place cafe on March 11. Representatives from S&ME will be there to answer questions. MainStreet will also have a Third Thursday Market event on Stuart Avenue on March 18 from 4pm - 7pm. Mr. Slaton reported that a street renaming request has been submitted for First Street. That request along with the street renaming Ordinance has been distributed to the Commission. There will be discussion during the next workshop. Mr. Slaton said there will be a discussion about growth and development on the next work session agenda as well. Development interest in the City is growing. There will be a few items on the agenda related to this issue. 11.I. Tracking Report James Slaton, City Manager, said the YMCA parking lot is nearing completion. 11.II. Social Media Tracking Report 11.III. Commission Meeting Calendar The CRA meeting next week is canceled. 12. CITY ATTORNEY Albert Galloway, Jr., City Attorney, reported on a property downtown owned by the State of Florida which means someone didn't pay their taxes. He is working to resolve this. 13. CITY COMMISSION COMMENTS Deputy Mayor Robin Gibson said he would like to rename First Street. Deputy Mayor Robin Gibson said he is in favor of helping those that are here. Let's help the businesses that are in place. He is not in favor of growth for growth's sake as it leads to sprawl. Deputy Mayor Robin Gibson said that Tucker Paving did a good job with the YMCA parking lot. It looks good. This is a positive result of a City's partnership with a non-profit like the YMCA. Deputy Mayor Robin Gibson said he liked the new forms for board applicants. He recommended adding the name of the applicant at the beginning. Commissioner Howell asked if the inside work at the YMCA is finished. Mr. Slaton said we are largely done with interior repairs and upgrades. The YMCA is making their own improvements too. Some landscaping will be done too. Commissioner Howell asked if there will be a football field added. Mr. Slaton said that possible new facilities will be studied as part of the Recreation Master Plan. Commissioner Howell asked how long an average complaint to the police department to be investigated and resolved. Is there a time limit. Mr. Slaton said it can vary depending on the case. Sometimes some issues can take longer than it may appear. Chief Velasquez said some cases start small but can grow. An internal case should be resolved in 180 days but sometimes things like COVID-19 can cause delays. He gave some examples. Mr. Slaton said he can find out updates if Commissioner Howell has items she was wondering about. Commissioner Howell said if there are cases still open after a year or even two years that is too long and maybe we need outside help. Commissioner Curtis Gibson said that in response to citizen questions earlier that the hiring of an Assistant City Manager is up to the City Manager although he supports the need for one. He said in regards to the  internal case should be resolved in 180 days but sometimes things like COVID-19 can cause delays. He gave some examples. Mr. Slaton said he can find out updates if Commissioner Howell has items she was wondering about. Commissioner Howell said if there are cases still open after a year or even two years that is too long and maybe we need outside help. Commissioner Curtis Gibson said that in response to citizen questions earlier that the hiring of an Assistant City Manager is up to the City Manager although he supports the need for one. He said in regards to the YMCA this was a good deal for the City and said that Lake Wales residents can swim for free. Commissioner Curtis Gibson then explained about his suggestion to use the money for the Housing Authority to put into the Northwest section for northwest section. Commissioner Curtis Gibson said that as Covid rates are dropping we should reopen City Hall. Commissioner Curtis Gibson said we should discuss in a workshop about the EDC (Economic Development Committee). Commissioner Curtis Gibson encouraged everyone to go to Lincoln Avenue to see the mural. Commissioner Goldstein suggested we need a city track for athletes in the City. We also need pickleball courts. He suggested activities for seniors. Commissioner Goldstein agreed with the need for a workshop on the EDC. Commissioner Goldstein expressed the need to encourage the county to do something about Chalet Suzanne Road to address increased traffic. The City needs to look at all of our roads as they are terrible. 14. MAYOR COMMENTS Mayor Fultz encouraged more public participation as the city grows. He said we need patience and compromise as we try to improve the quality of life here. 15. ADJOURNMENT The meeting was adjourned at 7:10 p.m. ____________________ Mayor ATTEST: _____________________ City Clerk