City Commission Regular Meeting

City Commission Meeting Minutes January 3, 2023 (APPROVED) 1/3/2023 - Minutes 1. INVOCATION Rev Scott Markley gave the invocation. 2. PLEDGE OF ALLEGIANCE 3. CALL TO ORDER Mayor Hilligoss called the meeting to order after the invocation and pledge of allegiance at approximately 6:00 p.m. 4. ROLL CALL Members Present: Mayor Jack Hilligoss, Robin Gibson, Terrye Howell, Daniel Williams, Danny Krueger Staff Present: James Slaton, City Manager; Jennifer Nanek; City Clerk; Albert C. Galloway, Jr., City Attorney 5. COMMENTS AND PETITIONS Jim Taggart, non-resident, said it is not a first amendment right to disrupt a meeting. We should not lose the right to speak because of others behavior. The chair has the right to maintain order in a meeting. Barbara Dutcher, non-resident, said she has a Lake Wales address and said non-residents should be allowed to speak because its their town too. Carol Gillespie, resident, spoke against the resolution for Comments and Petitions. The current rules work just fine. They don't go on too long. Its not necessary. She objects to requiring an affidavit to speak. Peter Maxwell, utility customer, said utility customers should not be restricted from speaking on other issues. David Jones, resident, said they should listen to constituents without these restrictions. They should have the courtesy to hear us out. Dianne Schmoyer, resident, said the new residents coming in will need careful planning and people should be able to share their opinions. She urged a no vote on the resolution on Comments and Petitions. Charlene Bennett, resident, said the resolution does not work for our civic culture. Everyone should sign the affidavit including the Commission. Applause should be considered free speech. There should be respect for public comment. Ron Poller, resident, spoke against restrictions against who can speak during Comments and Petitions. Other cities allow non-residents to speak. He spoke against requiring citizens to sign an affidavit to speak. Michelle Threatt, resident, said not many Commission meetings go longer than the proposed time limits.  for public comment. Ron Poller, resident, spoke against restrictions against who can speak during Comments and Petitions. Other cities allow non-residents to speak. He spoke against requiring citizens to sign an affidavit to speak. Michelle Threatt, resident, said not many Commission meetings go longer than the proposed time limits. She recommended leaving things as is. Non residents who spend money should be allowed to speak. Juanita Zwaryczuk, resident, said the system isn't broken and has inspired many to come and voice concerns. We should learn from mistakes. The Commission should not shut down opinions they do not agree with. This is dividing our City. Howard Kay, resident, said as a non-resident he was very active in Lake Wales and was always welcome to speak at Commission meetings before. This should not be in the Resolution. Many non-residents give back to Lake Wales. Bud Colburn, resident, expressed support for the Resolution for Comments and Petitions. The disruptive behavior at the last meeting should not be allowed. Citizens should organize their thoughts to read to convey their points within 5 minutes. Terry Christian, property owner, said we need leadership now. We need love, togetherness and unity. The Citizens are not hoodlums. They are not meant to be disruptive. He said the family of the one killed by police cannot get body cam footage. Catherine Price, resident, spoke on public participation. Citizens should be respected in contributing to decisions made. She provided several suggestions to improve communication with the public. The website is not user friendly. Stephen James, resident, spoke against the Resolution on Comments and Petitions. The section on Comments and Petitions is not burdensome. It is a vital part of Commission meetings. We have other issues that need attention. Danielle, resident, said her new home cannot function properly because there is not enough water. She shared concerns about growth. Becky Wynkoop, resident, said she asked for no time limits on speaking as there is a wealth of knowledge out there. City Commission decisions affect non-city residents. She said a simple sign-in sheet would be sufficient. Rachel Pooley, Property owner, said some limits can allow others time to speak. It is fair and reasonable. She thanked the Commissioners for caring about Lake Wales and putting in the time to serve in these positions. Kris Fitzgerald, resident, said we need unity in Lake wales. Leaders should lead as an example. Restricting speak sends a message that they aren't interested in what citizens have to say. We need to plan for growth. Bruce Francis, non-resident, said good ideas exist outside of Lake Wales. Non-residents should be allowed to speak on issues beyond utilities. Nick Stoller, non-resident, said he doesn't pay tax dollars here so he can't speak. Kelsey Sumeri, resident, spoke on the Resolution on Comments and Petitions. She urged a no vote. If the speaker form is available only on the internet. That limits people from participating. 6. CONSENT AGENDA Commissioner Krueger made a motion to approve the Consent Agenda. Commissioner Williams seconded the motion. by voice vote:  Commissioner Krueger made a motion to approve the Consent Agenda. Commissioner Williams seconded the motion. by voice vote: Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Howell "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion approved 5-0. 6.I. Minutes - December 20, 2022 6.II. Special Event Permit: Park Avenue Groundbreaking [Begin Agenda Memo] SYNOPSIS This is a request by Main Street to have a special event called Park Avenue Groundbreaking Street Party on Thursday, January 12, 2023 from 5:00 p.m. – 7:30 p.m. The event will include alcohol but in the stores and businesses only. RECOMMENDATION Staff recommends 1. That the City Commission approve the permit request to allow Main Street to host an event in the downtown on Park Avenue to include closing Park Avenue between Scenic HWY and Market Street and the serving of alcohol on Thursday January 12, 2023 from 5:00 p.m. – 7:30 p.m. BACKGROUND Lake Wales Main Street is planning to host a groundbreaking and street party event on Thursday January 12, 2023 from 5:00 p.m. – 7:30 p.m. This event will close Park Avenue between Scenic HWY and Market St at 3:00 p.m. Alcohol will be served. Police officers will be present for the event. OTHER OPTIONS Do not approve the Special Event Permit. FISCAL IMPACT None. Lake Wales Main Street will cover the cost of off-duty officers. [End Agenda memo] 6.III. Generator Replacement For Water Reclamation Facility [Begin Agenda Memo] SYNOPSIS: Staff is recommending the commission approve the replacement purchase of the generator at the Water Reclamation Facility. RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Approve the purchase of replacement generator for the Water Reclamation Facility from Mid-Florida Diesel using the Florida Sheriff’s Association State Bid FSA20-EQU18.0 Item #108. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND  RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Approve the purchase of replacement generator for the Water Reclamation Facility from Mid-Florida Diesel using the Florida Sheriff’s Association State Bid FSA20-EQU18.0 Item #108. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND In accordance with the requirements of Florida Department of Environmental Protection, Rule 62- 604.400(2)(a)1, which is as follows: The permittee shall at all times properly operate and maintain the facility and systems of treatment and control, and related appurtenances, that are installed and used by the permittee to achieve compliance with the conditions of this permit. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to maintain or achieve compliance with the conditions of the permit. In order for uninterrupted pumping capacity to be provided, in-place emergency generators were installed at the Water Reclamation Facility. The generator that is needing to be replaced was originally installed in 1999 and following the latest load bank testing it was determined that the generator needs to be replaced. The generator is becoming costly to repair and repair parts are becoming harder to find due to the age of the units, making it necessary for staff to have it replaced. Staff recommends the Commission take the following action, approve the replacement generator purchase for $71,301.00 for the Water Reclamation Facility, and authorize the City Manager to sign all appropriate documents on the city’s behalf pertaining to this purchase. OTHER OPTION There are no other options. FISCAL IMPACT Funds were placed in the FY 22’-23’ budget year for $250,000.00 for the replacement of generators. [End Agenda Memo] 6.IV. Sewer Evaluation For Lift Station Service Areas 1,2 And 3 SYNOPSIS: Staff is recommending the commission approve entering into an agreement with Kimley- Horn and Associates for the submittal to the State Revolving Loan Funding for evaluation of the gravity sewer lines for lift station service areas 1,2, and 3. RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Approved entering into an agreement with Kimley-Horn and Associates for the submittal to the State Revolving Loan Fund for funding the gravity sewer evaluation for lift station service areas 1, 2, and 3. 2. Authorize the City Manager to execute the appropriate documents associated with the engineering contract, on the City’s behalf. 3. Authorize the Mayor to execute the appropriate documents associated with the State Revolving Loan Fund application submittal. BACKGROUND The City, as part of its collection system, owns, operates, and maintains 121 Miles of 8 to 16- inch Gravity Sewer Line and 75 Miles of 2 to 16-inch Force Mains. The wastewater facilities have been experiencing higher flows at the wastewater treatment plant and higher lift station run times for Lift Stations 1, 2, and 3 during wet weather events. Staff believes this is a result of inflow and infiltration (I&I) in the old clay gravity sewer mains. Only a small portion of the mains have been lined and televised in the past. Staff desires to rehabilitate the sewer mains to help reduce I&I. The City staff requested assistance from Kimley-Horn to submit for a Clean Water State Revolving Fund (CWSRF) loan for the planning area, coordinate with a closed-circuit television (CCTV) company to clean and video the gravity mains selected by the City (approximately 115,000 LF of small gravity mains predominately 8-inches in diameter), review reported results of the CCTV, make recommendations for rehabilitation, import data into GIS, evaluate alternatives for the rehabilitation, develop a preliminary opinion of probable costs, and provide the information in a technical memorandum in SRF format. Once completed, staff plans to submit an application for SRF funding assistance to perform rehabilitation on the aging sewer mains.  loan for the planning area, coordinate with a closed-circuit television (CCTV) company to clean and video the gravity mains selected by the City (approximately 115,000 LF of small gravity mains predominately 8-inches in diameter), review reported results of the CCTV, make recommendations for rehabilitation, import data into GIS, evaluate alternatives for the rehabilitation, develop a preliminary opinion of probable costs, and provide the information in a technical memorandum in SRF format. Once completed, staff plans to submit an application for SRF funding assistance to perform rehabilitation on the aging sewer mains. Staff recommends the Commission take the following action, approve entering into an agreement with Kimley-Horn and Associates in the amount of $115,200.00 for the submittal to the State Revolving Loan Fund for funding of the gravity sewer evaluation for lift station service areas 1, 2, and 3. Authorize the City Manager to execute the appropriate documents associated with the engineering contract, on the City’s behalf. Finally, authorize the Mayor to execute the appropriate documents associated with the State Revolving Loan Fund application submittal. OTHER OPTION None. By not addressing the infiltration and intrusion of ground water into the sewer system, allows for unnecessary run times of lift stations and the wastewater treatment plant. Continued infiltration and intrusion of ground water reduces the amount of available capacity to service additional development and makes the expansion of the wastewater plant occur sooner rather than later. FISCAL IMPACT Funds were placed in the FY 22’-23’ budget year for $300,000.00 for the infiltration and intrusion evaluation study. [End Agenda Memo] 7. OLD BUSINESS 7.I. Ordinance 2022-52 – Florida Water Star Certification 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Ordinance 2022-52 Amends Chapter 23 Article VI to require Florida Water Star Certification for new construction or renovation of residential and commercial structures. RECOMMENDATION Staff recommends adoption after second reading and public hearing Ordinance 2022-52 - An Ordinance of The City of Lake Wales, Polk County, Florida, Amending Chapter 23, Article VI. By Creating A New Division Titled Division 3. Florida Water Star? Certification Required for New Construction; Providing for An Effective Date. BACKGROUND The City Commission approved first reading of Ordinance 2022-52 with a unanimous vote on December 20, 2022. The Planning and Zoning Board reviewed this item at their November 29th meeting and recommended adoption of the Ordinance to the City Commission. The City Commission reviewed the item at their Workshop on December 14, 2022 and accepted first reading on December 20, 2022. Representatives from SWFWMD attended all meetings to provide additional information on the Florida Water Star Certification process and criteria. The City of Lake Wales wants future homes and commercial construction to meet these FWS standards. To accomplish this goal, builders must obtain the FWS certification prior to the Building Official issuing the Certificate of Occupancy. Implementing this ordinance will ensure that adequate water supplies are available for existing and future users. FISCAL IMPACT None. The certification is contracted by the builder with an outside vendor. However, at this time Polk County through SWFWMD offers the home builder a rebate for FWS certification. [End Agenda memo] Jennifer Nanek, City Clerk, read ORDINANCE 2022-52 by title only. ORDINANCE 2022- 52 AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, AMENDING  Jennifer Nanek, City Clerk, read ORDINANCE 2022-52 by title only. ORDINANCE 2022- 52 AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, AMENDING CHAPTER 23, ARTICLE VI. BY CREATING A NEW DIVISION TITLED DIVISION 3. FLORIDA WATER STAR? CERTIFICATION REQUIRED FOR NEW CONSTRUCTION; PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Krueger made a motion to adopt ORDINANCE 2022-52 after 2nd reading and public hearing. Commissioner Williams seconded the motion. by voice vote: Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Howell "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion approved 5-0. 7.II. Resolution 2022-34 Comments And Petitions [Begin Agenda Memo] Synopsis: Resolution 2022-draft was submitted to the City Commission for discussion at its Agenda Study Workshop on December 13, 2022. Resolution 2022-34 incorporates the revisions suggested by the Commission and addresses some other concerns which were raised. The language concerning members of the public entitled to address the Commission as set forth in paragraphs 7 and 8 has been revised for purposes of clarity. Paragraph 9 addresses any question concerning the application of the Resolution to City staff or others presenting an agenda item for consideration by the Commission. Paragraph 10 sets forth the requirement for persons to complete a form indicating a request to speak concerning a specific agenda item. The form is to be completed and provided to the City Clerk prior to the start of the meeting. Recommendation: That the City Commission consider adoption of Resolution 2022-34 or provide direction for further revision desired by the members of the Commission. [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2022-34 by title only. RESOLUTION 2022-34 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, ESTABLISHING POLICIES TO GOVERN THE COMMENTS AND PETITIONS PORTIONS OF PUBLIC MEETINGS; ESTABLISHING A LIMITATION ON PERSONS WHICH MAY SPEAK RESOLUTION 2022-34 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, ESTABLISHING POLICIES TO GOVERN THE COMMENTS AND PETITIONS PORTIONS OF PUBLIC MEETINGS; ESTABLISHING A LIMITATION ON PERSONS WHICH MAY SPEAK DURING THOSE PORTIONS OF THE MEETING WHICH ALLOW FOR PUBLIC COMMENTS; ESTABLISHING A TIME LIMIT FOR ADDRESSING PUBLIC MEETINGS; LIMITING THE SPEECH TO RELEVANT AND LEGITIMATE INQUIRIES AND DISCUSSION BY THE PUBLIC; AND PROVIDING FOR AN EFFECTIVE DATE. Albert Galloway, Jr., City Attorney, said the Ordinance has set a time limit of 5 minutes. The Ordinance is controlling and cannot be amended by Resolution. Mayor Hilligoss said he recommends changing the minutes in the Resolution to 5 minutes and the time limit to 45 minutes with the ability to extend it to an hour. Mayor Hilligoss made a motion to revise the Resolution to extend the time limit in paragraph 3 from 30 minutes and 45 minutes and the extension of the time to one hour. Commissioner Krueger seconded the motion. Commissioner Howell said we don't need a time limit. Comments don't usually go that long. If there is a controversial issue then we need to let people express themselves. Deputy Mayor Gibson said this should happen in a different way so he is voting no. By Roll call vote: Mayor Hilligoss "YES" Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Howell "NO" Deputy Mayor Gibson "NO" Motion passed 3-2. Commissioner Howell made a motion to remove the time limit on Comments and Petitions from paragraph 3 entirely. Commissioner Williams seconded the motion. Deputy Mayor Gibson said he will vote no on this too. Commissioner Williams said he is fine with eliminating the time limit but comments must be made in a professional manner with courtesy. By Roll call vote: Commissioner Howell "YES" Commissioner Williams "YES" Commissioner Krueger "NO" Deputy Mayor Gibson "NO" Mayor Hilligoss "NO" The motion failed 3-2.  Deputy Mayor Gibson "NO" Mayor Hilligoss "NO" The motion failed 3-2. Mr. Galloway said the affidavit form should be replaced with a simple sign up form. Mayor Hilligoss said people can sign up all the way to the bang of the gavel. Mr. Galloway confirmed this. Commissioner Howell said she would have no problem with affidavit if everyone signs it including consultants, staff, and Commissioners. Mr. Galloway said a sign up sheet won't have a chilling effect but allows for public participation. Commissioner Krueger said the form will provide order to the meetings so that a person will go up when called. Mayor Hilligoss asked if we should make a motion to replace the affidavit with the simpler sign up form. Mr. Galloway said yes. Mayor Hilligoss, reviewed the proposed alternate simpler form, and said its a simple request to speak that asks for name but has no affidavit. Mayor Hilligoss made a motion to replace the attached affidavit with the simpler request to speak form. Commissioner Williams seconded the motion. Commissioner Howell asked if the public should see it. Is all the information required? Commissioner Krueger said the email address is necessary to sign up for the newsletter. Mr. Galloway said the address is needed to comply with the requirement on who can speak. Mr. Galloway said the simpler form is better than the affidavit. by roll call vote: Mayor Hilligoss "YES" Commissioner Williams "YES" Commissioner Krueger "YES" Commissioner Howell "YES" Deputy Mayor Gibson "YES" motion passed 5-0. Mayor Hilligoss said we are now considering the Resolution as amended. Commissioner Krueger made a motion to adopt RESOLUTION 2022-34 as amended. Commissioner Williams seconded the motion. Deputy Mayor Gibson read a statement on the right to speak and the procedure for public comment. The last meeting was an embarrassment. He will vote no on the resolution. He recommended a different approach to comments and petitions. He recommended policies to put into practice as opposed to rules. We need flexibility to adjust to circumstances. He reviewed a list of procedures for public comment and providing information to the public He expressed support for allowing comments of those living outside the city limits. Commissioner Howell said this Resolution is not in the interest of the public. We have to listen before making decisions. She is glad we replaced the affidavit. She said it should be okay to clap in a meeting but people should not be loud in a meeting. She reviewed some of the good comments earlier. Don't set us back in Lake Wales. Commissioner Krueger said he agreed with earlier comments. He said he agreed with policies but we  Commissioner Howell said this Resolution is not in the interest of the public. We have to listen before making decisions. She is glad we replaced the affidavit. She said it should be okay to clap in a meeting but people should not be loud in a meeting. She reviewed some of the good comments earlier. Don't set us back in Lake Wales. Commissioner Krueger said he agreed with earlier comments. He said he agreed with policies but we need rules. He said citizens give charge to their elected officials to manage the City in their place. Citizens can change who they elect if they are not happy. Mayor Hilligoss said the language about this being in the interest of the public was in the original 2020 Resolution that Commissioner Howell voted for. The restriction on non-residents was already in place in the resolution. We need a definition of disruptive behavior to help the presiding officer. By Roll Call vote: Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Howell "NO" Deputy Mayor Gibson "NO" Mayor Hilligoss "YES" Motion passed 3-2. 8. NEW BUSINESS 8.I. Preliminary Subdivision Plat Approval / Special Exception Use Permit Approval For A Residential Planned Development Project (PDP) Bok Estates [Begin Agenda Memo] SYNOPSIS: Bok Estates, LLC. is requesting a recommendation of approval to City Commission, of a 280-lot single-family Preliminary Subdivision Plat and a Special Exception Use Permit for a Residential PDP on approximately 29.94 acres of land south and west of Old Scenic Highway, and east of Scenic Highway North. RECOMMENDATION Table the request for a 280-lot single-family Preliminary Subdivision Plat and Special Exception Use Permit for a Residential PDP, with waivers of strict compliance and conditions of approval to the January 17, 2023 City Commission Meeting. BACKGROUND The Planning and Zoning Board heard this item at a regular meeting on November 15, 2022. Staff raised concerns to the applicant about the Planned Development Project and the applicant needs additional time to address concerns and revise plans. [End Agenda Memo] Mayor Hilligoss said this item is tabled. 8.II. Ordinance 2023-01 Petition To Establish The Hunt Club Grove Community Development District (CDD) – 1st Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Ordinance 2023-01 proposes the establishment of the Hunt Club Grove Community Development District (hereinafter referred to as the “CDD”), as petitioned by Hunt Club Grove North at Lake Wales LLC and Hunt Club Grove South at Lake Wales LLC. RECOMMENDATION Staff recommends approval at first reading, and adoption after second reading of SYNOPSIS: Ordinance 2023-01 proposes the establishment of the Hunt Club Grove Community Development District (hereinafter referred to as the “CDD”), as petitioned by Hunt Club Grove North at Lake Wales LLC and Hunt Club Grove South at Lake Wales LLC. RECOMMENDATION Staff recommends approval at first reading, and adoption after second reading of Ordinance 2023-01 following a public hearing. Public Hearing notice requirements have been met. A recommendation from the Planning and Zoning Board is not required for the establishment of a CDD. BACKGROUND Hunt Club Grove is a residential Planned Development Project (PDP) separated into Hunt Club North, and Hunt Club South, located west of Hunt Brothers Road and South of State Road 60. Hunt Club North PDP, 130 acres of vacant land, was approved in 2022 for a 600-lot single-family residential subdivision, which includes 147 single-family attached town homes. Hunt Club South, 104 acres of vacant land, was also approved in 2022 for a 542-lot single-family residential subdivision, including 191 townhomes. Staff reviewed the CDD submittal for consistency with the “Uniform Community Development Act of 1980”, Chapter 190, Florida Statutes, which sets forth the exclusive and uniform method for establishing a community development district for the land area for which the CDD would manage and finance the delivery of basic services. The proposed petition meets the requirements of Chapter 190. The Hunt Club Grove CDD would be the third established in the City to date. Lake Ashton first developed as a Community Development District, and Leoma’s Landing was approved for the establishment of a CDD in 2021. The proposed Infrastructure Plan is listed below: HUNT CLUB GROVE - NORTH Preliminary Proposed Facilities and Services FACILITY FUNDED OWNED MAINTAINED Stormwater Management Systems CDD CDD CDD Utilities (Lift Stations, Water, & Sewer) CDD CITY OF LAKE WALES CITY OF LAKE WALES Site Preparation/ Internal Roadway & Hamlin St Improvements CDD CDD CDD Hardscapes, Landscapes, and Irrigation CDD CDD HOA Open Space, Wetland Buffers, Ponds, Amenities CDD CDD HOA HUNT CLUB GROVE - SOUTH Preliminary Proposed Facilities and Services FACILITY FUNDED OWNED MAINTAINED Stormwater Management Systems CDD CDD CDD Utilities (Lift Stations, Water, & Sewer) CDD CITY OF LAKE WALES CITY OF LAKE WALES Site Preparation/ Internal Roadway Improvements CDD CDD CDD Hardscapes, Landscapes, and Irrigation CDD CDD HOA Open Space, Wetland Buffers, Ponds, Amenities CDD CDD HOA OTHER OPTIONS Decline request to establish Hunt Club Grove CDD. FISCAL IMPACT Once water and wastewater improvements are constructed at the developer’s expense, these facilities will be subsequently dedicated to the City for operation and maintenance and will create a long-term fiscal impact. The utility system is valued at approximately $8,758,052. Based on an average monthly utility bill of $70.00 per single-family home within city limits, the City may collect over $959,000 in utility bill fees annually within the Ridgecrest development. FISCAL IMPACT Once water and wastewater improvements are constructed at the developer’s expense, these facilities will be subsequently dedicated to the City for operation and maintenance and will create a long-term fiscal impact. The utility system is valued at approximately $8,758,052. Based on an average monthly utility bill of $70.00 per single-family home within city limits, the City may collect over $959,000 in utility bill fees annually within the Ridgecrest development. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2023-01 by title only. ORDINANCE NO. 2023-01 AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, ADOPTING ORDINANCE NO. 2023-01 TO GRANT THE PETITION FOR THE CREATION OF THE HUNT CLUB GROVE COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES, CONCERNING THAT CERTAIN APPROXIMATELY 234.999 +/- ACRES OF LAND; DESCRIBING THE BOUNDARIES OF THE HUNT CLUB GROVE COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Mark Bennett, Development Services Director, reviewed this item. Deputy Mayor Gibson asked if staff recommended approval. Mr. Bennett said yes. OPENED PUBLIC HEARING David Price, resident, expressed concern about the CDD. Many CDDs fail and so this deserves scrutiny. He shared a report on CDDs from Leroy Collins Institute. This would be a risk for the City. Deputy Mayor Gibson said he will read the report between the 2 readings. Commissioner Howell asked if we have a failed or failing CDD in Lake Wales. Mr. Bennett said not that he is aware of. Commissioner Howell asked if one fails is that a cost to the City? Deputy Mayor Gibson said there are failed ones nearby but this has been improved. Mr. Bennett said if a CDD is not financially feasible the bonds won't be issued. The CDD will own and maintain the roads instead of the City. Deputy Mayor Gibson said this is like a special assessment which he is in favor of. Albert Galloway, Jr., City Attorney, said Mayfair was a failed CDD but was not a cost to the City. Mark Watts, Attorney from Deland, reviewed CDDS and how they work. They are a sound investment. There is no financial risk to the City. The bondholders have that risk. The debt stays with the property. The CDD based developments recovered quicker after the recession. Deputy Mayor Gibson said if it fails then its a black eye on the City. Mr. Watts said there are reporting requirements to the State Auditor General. Deputy Mayor Gibson asked if audits are required. Mr. Watts said yes every year. He reviewed an example of a CDD in trouble and how its addressed. A CDD might be terminated before anything is built. Commissioner Krueger asked about an elected board. Mr. Watts said a board is required and will become an elected board at a certain point. This is necessary for tax-exempt status. Mr. Watts offered to do a presentation next time. Mayor Hilligoss said we'll take you up on this. CLOSED PUBLIC HEARING Commissioner Krueger made a motion to approve ORDINANCE 2023-01 after 1st reading and public hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Krueger "YES"  hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Howell "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 8.II.i. Report On CDDs 9. CITY ATTORNEY Albert Galloway, Jr., City Attorney, reported on a recent foreclosure that can go to the CRA soon for its purposes. Title should be received in February. 10. CITY MANAGER James Slaton, City Manager, reported that there will be a groundbreaking event on January 12th for Park Avenue. There will be an open house for Crystal Park Trail on February 1st at 5:30 p.m. at the Tourist Club. 10.I. Commission Meeting Calendar 11. CITY COMMISSION COMMENTS Commissioner Krueger said he welcomes citizens to make their concerns known and to offer constructive criticism and honest debate. We cannot condone destructive behavior at meetings. We do our citizens a disservice. We need to conduct business in an orderly fashion. He encouraged a spirit of unity and cooperation as we go forward. Commissioner Howell asked about reinstating suspended Commissioner Kris Fitzgerald who was acquitted. Albert C Galloway, Jr., City Attorney, said that is up to the Governor. Commissioner Howell asked about reports from the Chamber, EDC and Main Street. Mr. Slaton said they were done in November but will be coming up again soon. Commissioner Howell said there are areas that arrows need to be repainted on some streets. Commissioner Howell asked about upgrades to the audio and video equipment. James Slaton, City Manager, said that is forthcoming. Commissioner Howell asked for area around the pier to be cleaned for those who fish. 12. MAYOR COMMENTS 13. ADJOURNMENT The meeting was adjourned at 7:50 p.m.  13. ADJOURNMENT The meeting was adjourned at 7:50 p.m. ________________________ Mayor ATTEST: ________________________ City Clerk