City Commission Regular Meeting

City Commission Minutes August 15, 2023 (APPROVED) 8/15/2023 - Minutes 1. INVOCATION Commissioner Thompson gave the invocation. 2. PLEDGE OF ALLEGIANCE 3. CALL TO ORDER Mayor Hilligoss 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: Robin Gibson, Keith Thompson, Danny Krueger, Mayor Jack Hilligoss, Daniel Williams Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert C. Galloway, Jr., City Attorney 5. COMMENTS AND PETITIONS 6. CONSENT AGENDA 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 Thompson "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 6.I. Minutes - August 1 & 9, 2023 6.II. Evoqua Water Technologies Installation Of Replacement Parts To Disc Filters [Begin Agenda Memo] 6.I. Minutes - August 1 & 9, 2023 6.II. Evoqua Water Technologies Installation Of Replacement Parts To Disc Filters [Begin Agenda Memo] SYNOPSIS: Staff recommends commission approve the installation of the replacement parts for the disc filters from Evoqua Water Technologies in the amount of $22,500.00. STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Approve the installation of the parts for both disc filters at the Sam P. Robinson Wastewater Treatment Facility from Evoqua Water Technologies 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND Environmental standards for discharge water, especially from wastewater treatment facilities are being subject to more stringent effluent requirements. Among the requirements is the need to keep systems and facilities up to date with current environmental regulations. These regulations, in many cases, require the addition of Tertiary Treatment to a new or existing Secondary Wastewater Treatment System (extended aeration process) for further reduction of Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS) as required by Federal and Local Authorities. Pollution Control Systems, tertiary filters, are for filtering the liquid effluent from a secondary wastewater treatment system. Tertiary sewage treatment provides for additional removal of suspended solids from the secondary effluent and a further reduction of the BOD’s. The filtering takes place in two parallel flow filter cells, each containing filter media consisting of a layer of anthracite and a layer of sand through which the liquid flows. This multi-media filter is capable of providing a tertiary effluent quality down to 10 mg/l BOD5 and 10 mg/l SS when properly operated. Treated non-potable wastewater is being used as a new source of water to promote agricultural and aquaculture production, industrial uses, reclamation uses such as irrigation, wash down and toilet flushing, recreational purposes, and artificial recharge. The reuse of tertiary wastewater treatment effluent increases water sustainability in a way that is friendly to the environment. These such filters are currently installed at the wastewater treatment plant but are in need of repair. The repair parts have been purchased and are needing to be installed. Evoqua Water Technologies is the manufacturer and distributor of this product. These are the filters that fit into the City’s wastewater treatment plant. Staff is recommending the commission take the following action, approve installation of the replacement parts for the disc filters from Evoqua Water Technologies for $22,500.00 and authorize the City Manager to execute the appropriate documents on the City’s behalf. OTHER OPTION None. The installation of the replacement parts to these filters is necessary. They are essential for continued operation of the wastewater treatment plant. FISCAL IMPACT This is an emergency repair. Allocated in the 22’-23’ M& R Treatment Plant operating budget is $200,000.00 to fund these types of repairs.  OTHER OPTION None. The installation of the replacement parts to these filters is necessary. They are essential for continued operation of the wastewater treatment plant. FISCAL IMPACT This is an emergency repair. Allocated in the 22’-23’ M& R Treatment Plant operating budget is $200,000.00 to fund these types of repairs. [End Agenda Memo] 6.III. Pavement Marking Striping [Begin Agenda Memo] SYNOPSIS: Staff recommends the City Commission authorize the expenditure of $32,020.23 to Fausnight Stripe & Line Inc. to install pavement markings on three streets using thermoplastic material. STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Authorize the expenditure for pavement markings on E St from Dr. J.A. Wiltshire Ave. to Washington Ave., Dr. Martin Luther King Jr. Blvd from Central Ave to Dr. J.A. Wiltshire Ave, and Seminole Ave. from Scenic Highway to N. Wales Dr. 2. Authorize the city manager to execute the appropriate documents, on the City’s behalf. BACKGROUND The City, as part of its street division, maintains over 80 miles of roadway. One of the maintenance responsibilities of maintaining these roadways is to have pavement markings installed and maintained to guide motorist properly and safely. City staff asked for quotes to stripe three streets from three different striping companies: Fausnight Stripe & Line Inc., Tucker Paving Inc, and S & S Contracting. Two of the companies responded with pricing. S & S Contracting considered non-responsive due to no quote. Staff recommends the Commission take the following action, approve the expenditure of $32,020.23 to Fausnight Stripe & Line Inc. and authorize the City Manager to execute the appropriate documents on the City’s behalf. OTHER OPTIONS The commission could choose not to go forward with these maintenance repairs and risk the safety of drivers of motorized vehicles. FISCAL IMPACT The 22’-23 Traffic Controls Maintenance & Repair line item was budgeted at $82,800.00. To date, $27,664.00 has been expended, leaving $55,136.00 to fund this item. [End Agenda Memo] 6.IV. Utility Industrial Discharges Service Agreement-Oakley Transport, Inc. [Begin Agenda Memo] SYNOPSIS: Staff recommends the City Commission authorize the signing of the discharge permit and agreement for the disposal of effluent received from Oakley Transport Inc. for treatment. STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Authorize the approval of the Oakley Transport, Inc. industrial discharges services agreement and discharge permit. 2. Authorize the city manager to execute the appropriate documents, on the City’s behalf.  following action: 1. Authorize the approval of the Oakley Transport, Inc. industrial discharges services agreement and discharge permit. 2. Authorize the city manager to execute the appropriate documents, on the City’s behalf. BACKGROUND Oakley Transport, Inc. has a utility industrial discharges agreement and discharge permit that has recently expired. Oakley Transport, Inc. has expressed its desire to continue their relationship with the City for continued effluent disposal for treatment. The new agreement is not asking for any additional capacity, they just wish to continue as an industrial user as they have done the past 20+ years. Oakley has a metered connection, for monthly billing based on the City’s outside city sewer rate. The discharge permit specifies the maximum daily flow and other specific parameters of their effluent. In addition, the agreement outlines actions taken, if the effluent quality supersedes what is allowed in the discharge permit. Staff recommends the Commission take the following action, approve the Oakley Transport, Inc. industrial discharges services agreement and discharge permit, and authorized the city manager to execute the appropriate documents on the City’s behalf. OTHER OPTIONS The commission could choose not to go forward with these maintenance repairs and risk the safety of drivers of motorized vehicles. FISCAL IMPACT The city receives payment for the fees charged for the treatment of effluent disposal from Oakley Transport. The approximate monthly charges are [End Agenda Memo] 6.V. Lease Agreement Of Fitness Equipment [Begin Agenda Memo] SYNOPSIS: Staff is requesting Commission approval to lease of fitness equipment under the Government Contract Pricing. RECOMMENDATION It is recommended that the City Commission take the following action(s): 1. Approve the sixty (60) month lease of the equipment on the attached proposal from BroadFitFinancial. 2. Authorize the City Manager to execute the necessary documents on behalf of the City. BACKGROUND In April 2023, City staff was notified by YMCA of West Central Florida staff that the YMCA would be terminating their contract with the City effective October 31, 2023. In the acquisition of the Lake Wales Family YMCA, the YMCA of West Central Florida acquired all of their assets, including the fitness equipment in the facility. The YMCA of West Central Florida plans to relocate usable equipment to their other branches and will be discarding worn out or unusable equipment. In an effort to continue to operate the facility, in a similar manor, fitness equipment needs to be purchased. The attached quotes includes replacing all current equipment in the facility including; cardio equipment, strength machines, free weights, cycling room, and the group exercise equipment. The attached quotes also include the preventative maintenance plan which includes 4 preventative maintenance visits each year over a five (5) year term. Staff recommends the lease of the fitness equipment in the amount of $310,082.60 to be paid annually over a five (5) year period in the amount of $72,542.58. OTHER OPTIONS Commission may choose to not approve the purchase of the fitness  preventative maintenance visits each year over a five (5) year term. Staff recommends the lease of the fitness equipment in the amount of $310,082.60 to be paid annually over a five (5) year period in the amount of $72,542.58. OTHER OPTIONS Commission may choose to not approve the purchase of the fitness equipment. FISCAL IMPACT Estimated expenditures for FY 22/23 is approximately $12,090.43. Estimated expenditures for FY 23/24 is $72,542.58. [End Agenda Memo] 6.VI. Lease Agreement Of John Deere Tractor [Begin Agenda Memo] SYNOPSIS: Staff is requesting Commission approval to lease (1) John Deere 5075E Cab Utility Tractor under the Florida State Contract Pricing (FL Ag & Lawn Equip. 25101900-21-STC(PG F2 CG 22)). RECOMMENDATION It is recommended that the City Commission take the following action(s): 1. Approve the sixty (60) month lease of the vehicle on the attached Schedule A from Mears Motor Leasing/The Bancorp. 2. Authorize the City Manager to execute the necessary documents on behalf of the City. BACKGROUND City Commission approved $80,000 in the FY 22/23 Parks Capital budget for Equipment-Tractor w/attachment. City Commission approved the lease agreement on (1) John Deere 5075E Cab Utility Tractor in April 2023. Staff recommends the lease of a second (1) John Deere 5075E Cab Utility Tractor in the amount of $53,486.40 to be paid in sixty (60) increments of $891.44. OTHER OPTIONS Commission may choose to not approve the purchase of the John Deere 5075E Cab Utility Tractor. FISCAL IMPACT A budgeted amount of $80,000 is included in the FY 2022/2023 budget. Estimated expenditures for FY 22/23 is approximately $1,782.88. [End Agenda Memo] 6.VII. Retainer Agreement For Legal Services – George A Smith PLLC [Begin Agenda Memo] SYNOPSIS: The Commissioners will consider approving a retainer agreement for legal services from the law firm of George A. Smith PLLC. RECOMMENDATION Staff recommends approval of the retainer agreement for legal service from the law firm of George A. Smith PLLC. BACKGROUND George A. Smith, Jr. has worked on various debit issuances for the City of Lake Wales. Last year, Mr. Smith started his own firm. Staff is recommending that the City retain his services to provide bond counsel, disclosure counsel and special counsel services.  RECOMMENDATION Staff recommends approval of the retainer agreement for legal service from the law firm of George A. Smith PLLC. BACKGROUND George A. Smith, Jr. has worked on various debit issuances for the City of Lake Wales. Last year, Mr. Smith started his own firm. Staff is recommending that the City retain his services to provide bond counsel, disclosure counsel and special counsel services. The retainer agreement includes the services listed above. The Agreement also includes his firm assisting the City in preparing a post issuance procedure or policy that addresses post issuance tax compliance and post issuance disclosure compliance, which will be provided for a flat rate of $1,500. FISCAL IMPACT 1) Bond Counsel Services: Publicly Offered Bonds Privately Placed Notes Minimum Fee $35,000 Minimum Fee: $17,500 Up to $30 Million: $1.50/Bond Up to $30 Million: $1.00/Note Over $30 Million: $1.00/Bond Over $30 Million: $0.75/Note 2) Assist the City in preparing a post issuance procedure or policy (CRA Bond annual reporting) One-time fee of $1,500 3) Disclosure Counsel Services: Excluding routine validation procedures and related appeals, the City agrees that the Firm shall be compensated for disclosure counsel services, at the time the bonds or notes are issued and delivered, at a contingent fee equal to 75% of the Bond Counsel fee. 4) Special Counsel Services: Special counsel legal services and assistance outside the scope of services provided by the City’s counsel, only when necessary and as specifically authorized, may be provided on an hourly or negotiated fee basis by separate work orders as provided herein, for the provision of other legal services of a specialized nature which the Firm may possess and are desired and specifically requested by the City. This Agreement will be effective for a term of three (3) years from its date of execution and will be automatically extended without any action required for successive one-year renewals following the initial three (3) year period unless terminated by either the City or the Firm. This Retainer Agreement may be terminated with or without cause by the City or by George A. Smith PLLC at any time upon ninety (90) days written notice. [End Agenda Memo] 7. OLD BUSINESS 7.I. ORDINANCE 2023-25 - Amendment To Chapter 23, Public Facilities Impact Fees – 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: The main purpose of this ordinance is to add an Economic Development Impact Fee Mitigation program. It also amends the developer contribution credit, adds definitions, and fixes some bad references. Publication requirements have been met. RECOMMENDATION Staff recommends City Commission adopt after second reading and public hearing Ordinance 2023-25, an ordinance to amend Chapter 23, Article VII, Division 4, “Public Facilities Impact Fees”. BACKGROUND In order to attract Qualified Target Industry businesses to the City of Lake Wales, city staff drafted the attached ordinance. The ordinance was reviewed by city attorney RECOMMENDATION Staff recommends City Commission adopt after second reading and public hearing Ordinance 2023-25, an ordinance to amend Chapter 23, Article VII, Division 4, “Public Facilities Impact Fees”. BACKGROUND In order to attract Qualified Target Industry businesses to the City of Lake Wales, city staff drafted the attached ordinance. The ordinance was reviewed by city attorney Chuck Galloway, special counsel Thomas Cloud, and the staff at the Central Florida Development Council. There are two main economic development components to this ordinance: Program A. Qualified Target Industry High Wage Job Creation; and Program B. Inventory Development. This is selective process and requires those seeking such an impact fee mitigation must submit an application that is reviewed by the Economic Development Council and city staff. The ordinance also updates the developer credit section to authorize impact fee credit to certain developments effected by Resolution 2023-02, aka “planning in progress”. Other updates include fixing outdated references and adding new definitions. FISCAL IMPACT Up to 50% of certain impact fees per Economic Development program or developer project. [End Agenda memo] Jennifer Nanek, City Clerk, read ORDINANCE 2023-25 by title only. ORDINANCE 2023-25 AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA; AMENDING THE CODE OF ORDINANCES OF THE CITY OF LAKE WALES, FLORIDA; PROVIDING RECITALS CONSTITUTING LEGISLATIVE FINDINGS AND INTENT; AMENDING CHAPTER 23, ARTICLE VII, DIVISION 4, “PUBLIC FACILITIES IMPACT FEES”; AMENDING SECTION 23-761 RELATING TO DEFINITIONS; AMENDING SECTION 23-762 RELATING TO FINDINGS AND INTENT; AMENDING SECTION 23-767 RELATING TO EXEMPTIONS; AMENDING SECTION 23-770 RELATING TO DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. OPEN PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Krueger made a motion to adopt ORDINANCE 2023-25 after 2nd reading and public hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES"  Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion approved 5-0. 8. NEW BUSINESS 8.I. ORDINANCE 2023-30 – Implementing The State’s Statutory Mandate To Prepare Business Impact Estimates Prior To Adoption Of Proposed Ordinances – 1st Reading [Begin Agenda Memo] SYNOPSIS: Beginning October 1, 2023, municipal ordinances adopted in Florida may be subject to local challenge based upon failure to produce a “business impact estimate.” RECOMMENDATION Thomas Cloud, Special Council the City, recommends City Commission adopt Ordinance 2023-30 prior to October 1, 2023. BACKGROUND Beginning October 1, 2023, municipal ordinances adopted in Florida may be subject to local challenge based upon failure to produce a “business impact estimate.” If a court invalidates an ordinance, this ruling may result in imposition of attorneys’ fees against a city if an ordinance is later determined to be arbitrary or unreasonable. The Act requires counties and cities to produce a “business impact estimate” prior to passing an ordinance, with exceptions. The estimate must be published on the local government’s website and include certain information, such as the proposed ordinance’s purpose, estimated economic impact on businesses, and compliance costs. Additionally, the Act imposes certain conditions on lawsuits brought by any party to challenge the legal validity of local ordinances as preempted by state law, arbitrary, or unreasonable. FISCAL IMPACT Unknown at this time. Some identified cost will include the preparation of the Business Impact Estimate and time to post said estimate on the city website. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2023-30 by title only. ORDINANCE 2023-30 AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA; IMPLEMENTING THE STATE’S STATUTORY MANDATE TO PREPARE BUSINESS IMPACT ESTIMATES PRIOR TO THE ADOPTION OF PROPOSED ORDINANCES PURSUANT TO SECTION 166.041(4), FLORIDA STATUTES; PROVIDING FINDINGS; ADOPTING BUSINESS IMPACT ESTIMATE PROCEDURES, REQUIREMENTS, & EXEMPTIONS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. OPEN PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Thompson said that he has spoken with a representative from the Florida League of Cities about this. He asked if they were working on getting clarification on this. He  OPEN PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Thompson said that he has spoken with a representative from the Florida League of Cities about this. He asked if they were working on getting clarification on this. He said they were and would get back to him. Mayor Hilligoss said he was interested in this information as well. Commissioner Krueger made a motion to approve ORDINANCE 2023-30 after 1st reading. Commissioner Williams seconded the motion. by roll call vote: Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion approved 5-0. 8.II. RESOLUTION 2023-14 WW5303C Lake Wales I & I Reduction [Begin Agenda Memo] SYNOPSIS: In order to receive State Revolving Loan Funds (SRF) for any given project, a resolution for adoption by the City stating its financial position, its authority to apply for these funds, and to designate the Mayor, as the authorized signer for the loan documents is a requirement. STAFF RECOMMENDATION Staff recommends the City Commission take the following action: 1. Approve the submittal of the application for project WW5303C-Lake Wales I & I Reduction 2. Adopt Resolution 2023-14 Lake Wales I & I Reduction. 3. Authorized the Mayor to sign all documents related to this project. BACKGROUND The City utility service area encompasses approximately 20 square miles. Within the utility service area, the existing wastewater system consist of over 40 lift stations, 30 miles of force main, 70 miles of gravity sewer and one Wastewater Treatment Plant (WWTP). The wastewater treatment plant and system is permitted through the Florida Department of Environmental Protection (FDEP). The current permitted capacity is 2.19 MGD. The system has 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 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. This project plans to clean and televise approximately 115,000 linear feet of gravity sewer within Lift Stations 1, 2, and 3 sewer sheds and review reported results of the closed-circuit television (CCTV). The engineer will make recommendations for the rehabilitation, import the data into GIS, evaluate alternatives for the rehabilitation, develop preliminary opinion of probable costs, and include the information in a technical memorandum in SRF format. Following the planning portion of the project, it is expected that the City will move forward with design and making the necessary repairs to reduce I&I. Staff recommends the commission consider taking the following action, adopt Resolution 2023-14, approve the submittal of the application to SRF for project WW5303C Lake Wales I & I Reduction, and  rehabilitation, import the data into GIS, evaluate alternatives for the rehabilitation, develop preliminary opinion of probable costs, and include the information in a technical memorandum in SRF format. Following the planning portion of the project, it is expected that the City will move forward with design and making the necessary repairs to reduce I&I. Staff recommends the commission consider taking the following action, adopt Resolution 2023-14, approve the submittal of the application to SRF for project WW5303C Lake Wales I & I Reduction, and authorize the Mayor to sign all SRF documents related to this project. OPTIONS The Commission could choose not to approve the submittal of the application to SRF. Without the submittal of the application, the contract documents cannot be prepared by SRF, and the City would forfeit the funds awarded. FISCAL IMPACT SRF has approved $410,000.00 total for the CCTV inspection and evaluation. [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2023-14 by title only. RESOLUTION 2023-14 A RESOLUTION OF CITY OF LAKE WALES, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM FOR PROJECT WW5303C; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. Commissioner Krueger made a motion to adopt RESOLUTION 2023-14. Commissioner Williams seconded the motion. by roll call vote: Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion approved 5-0. 9. CITY ATTORNEY Albert Galloway, Jr., City Attorney, reported that he had 2 foreclosures approved. 10. CITY MANAGER James Slaton, City Manager, reported that the City was awarded a $40,000 grant to assist with an economic development and strategic plan. This was done in coordination with the Central Florida Planning Council. He commended Assistant City Manager Deena Drumgo for her efforts on this. 10.I. Commission Meeting Calendar James Slaton, City Manager, said the next meetings are on August 30. There will be a CRA meeting and a Commission work session.  10.I. Commission Meeting Calendar James Slaton, City Manager, said the next meetings are on August 30. There will be a CRA meeting and a Commission work session. 11. CITY COMMISSION COMMENTS Commissioner Krueger shared an article from the American Thinker about the changing climate and reviewed key points from the article. Commissioner Williams said many are excited about the City taking over the YMCA. Commissioner Thompson agreed that he got many calls from people who are excited about the potential for the Y building. Deputy Mayor Gibson said he has also receive positive comments about the Y. This is encouraging. Deputy Mayor Gibson congratulated staff on getting the grant. He hopes the economic development plan will reflect the distinctiveness of Lake Wales. 11.I. American Thinker Article 8-14-2023 12. MAYOR COMMENTS Mayor Hilligoss said everyone is agreed about being excited about the YMCA. He is interested in that outcome. Mayor Hilligoss said he shares Commissioner Thompson concerns about the business impacts. He is willing to have conversations about this. 13. ADJOURNMENT The meeting was adjourned at 6:17 p.m. _____________________ Mayor ATTEST: ___________________ City Clerk