City Commission Regular Meeting

City Commission Meeting Minutes October 3, 2023 (APPROVED) 10/3/2023 - Minutes 1. INVOCATION Rev Quam 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: Keith Thompson, Danny Krueger, Mayor Jack Hilligoss, Daniel Williams, Robin Gibson Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert C. Galloway, Jr., City Attorney 5. PROCLAMATIONS AND AWARDS 5.I. PROCLAMATION - Friends Of Libraries Week Mayor Hilligoss proclaimed October 15-21, 2023 Friends of the Libraries Week. Jodie Schmidt and other representatives from the Friends of the Library accepted the proclamation. 5.II. PROCLAMATION - Local Educators Month Mayor Hilligoss proclaimed October as Local Educators Month. Representatives of Alpha Eta accepted the proclamation. 6. COMMENTS AND PETITIONS Juanita Zwaryczuk, resident, expressed disagreement with comments about the Planning and Zoning Meeting from the last meeting when the ADS plant was discussed. She expressed support for citizens coming to meetings to share their concerns about their plant. Charlene Bennett, resident, spoke on the importance of Climate Change and ongoing efforts to address it. Stephen James, resident, asked that the full agendas for the Planning and Zoning meetings with attachments be posted to the site. He also recommended that it be made easier to find where to request public records.  Charlene Bennett, resident, spoke on the importance of Climate Change and ongoing efforts to address it. Stephen James, resident, asked that the full agendas for the Planning and Zoning meetings with attachments be posted to the site. He also recommended that it be made easier to find where to request public records. Matthew Choy, non-resident, with Renew Financial spoke on Resolution 2023-15 rescinding PACE Program Participation. He reviewed the program and shared some possible consequences with rescinding City participation. 7. CITY CLERK 7.I. Board Appointment To Tree Advisory Board [Begin Agenda Memo] SYNOPSIS: Appointment to fill a vacancy on the Tree Advisory Board RECOMMENDATION Staff recommends that the Mayor and Commission make the following appointments as deemed appropriate. 1. Appoint Susan Webb to the Tree Advisory Board to a new term to expire July 1, 2026 BACKGROUND On April 7th 2022 the City Commission approved the creation of the Tree Advisory Board. 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). Tree Advisory Board (City Code Sec. 2-201) – The board consists of five (5) voting member. A majority of the members must reside or own property within the City limits. 1 member shall be a current or retired professional arborist, landscape architect or landscape planner. One member shall be a current or retired real estate investor, developer or equivalent. Terms are 3 years but the first appointments must be staggered. • There is no interview process requirement for applicants applying for appointment to this board. • Members are not required to file an annual Form 1, Statement of Financial Interests • Current Vacancies: 1 Vacancy Current Members: Preston Troutman 8/2/2022 - 7/1/2025 1 Mandy Cilliers 8/2/2022 -7/1/2025 1 Robert Connors 8/2/2022 - 7/1/2024 P David Price 8/2/2022 – 7/1/2024 P Susan Webb 12/6/2022 – 7/1/2023 P The Tree Advisory Board recommended the reappointment of Susan Webb. Applying for Appointment: Susan Webb for a term that expires 7/1/2026  David Price 8/2/2022 – 7/1/2024 P Susan Webb 12/6/2022 – 7/1/2023 P The Tree Advisory Board recommended the reappointment of Susan Webb. Applying for Appointment: Susan Webb for a term that expires 7/1/2026 OPTIONS Do not appoint those that have applied. FISCAL IMPACT None. These are volunteer boards. [End Agenda Memo] Susan Webb introduced herself and shared her interest in serving on the board. Mayor Hilligoss appointed Susan Webb to a term expiring on July 1, 2026 and made a motion to approve the appointment. Commissioner Williams seconded the motion. by roll call vote: Mayor Hilligoss "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Commissioner Krueger "YES" Deputy Mayor Gibson "YES" Motion passed 5-0. 8. 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 8.I. Minutes - September 19 & 27 8.II. Approval Of Application For HMGP Grant Application For City Hall Generator [Begin Agenda Memo] SYNOPSIS: The City Commission will consider approval of a HMGP grant application for  8.I. Minutes - September 19 & 27 8.II. Approval Of Application For HMGP Grant Application For City Hall Generator [Begin Agenda Memo] SYNOPSIS: The City Commission will consider approval of a HMGP grant application for $145,975 for a generator at City Hall. RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve the Hazard Mitigation Grant Program (HMGP) application submitted to the Federal Emergency Management Agency (FEMA). 2. Authorize the City Manager to execute the necessary documents on behalf of the City. BACKGROUND FEMA’s Hazard Mitigation Grant Program provides funding to state, local, tribal and territorial governments so they can develop hazard mitigation plans and rebuild in a way that reduces, or mitigates, future disaster losses in their communities. This grant funding is available after a presidentially declared disaster. The total estimated project cost is $145,975.00 for a generator at City Hall. The City would be responsible for 25% of the project cost at approximately $36,493.75. The estimated project timeline for completion is 18 months. OTHER OPTIONS Do not approve the HMGP grant application. FISCAL IMPACT There is a 25% local match required in the amount of $36,493.75. Fiscal Impact Study prepared by the Finance Department is attached. [End Agenda Memo] 8.III. Approval Of Application For HMGP Grant Application For City Hall Roof [Begin Agenda Memo] SYNOPSIS: The City Commission will consider approval of a HMGP grant application for $369,130.50 for a roof at City Hall. RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve the Hazard Mitigation Grant Program (HMGP) application submitted to the Federal Emergency Management Agency (FEMA). 2. Authorize the City Manager to execute the necessary documents on behalf of the City. BACKGROUND FEMA’s Hazard Mitigation Grant Program provides funding to state, local, tribal and territorial governments so they can develop hazard mitigation plans and rebuild in a way that reduces, or mitigates, future disaster losses in their communities. This grant funding is available after a presidentially declared disaster. The total estimated project cost is $369,130.50 for a roof at City Hall. The City would be responsible for 25% of the project cost at approximately $92,282.62. The estimated project timeline for completion is 24 months. OTHER OPTIONS Do not approve the HMGP grant application.  The total estimated project cost is $369,130.50 for a roof at City Hall. The City would be responsible for 25% of the project cost at approximately $92,282.62. The estimated project timeline for completion is 24 months. OTHER OPTIONS Do not approve the HMGP grant application. FISCAL IMPACT There is a 25% local match required in the amount of $92,282.62. Fiscal Impact Study prepared by the Finance Department is attached. [End Agenda Memo] 8.IV. Lake Wales High School Homecoming Parade 2023 Special Event And Road Closings [Begin Agenda Memo] SYNOPSIS: Approval of the special event permit application and the request for street closings will allow the Lake Wales High School Homecoming Parade to be held on Thursday, October 12, 2023. RECOMMENDATION It is recommended that the City Commission take the following action: • Approve the special event permit application from Lake Wales High School for the Homecoming Parade to be held Thursday, October 12, 2023 from 4:00 pm to 5:30 pm. • Approve the request for the road closing of First Street from SR60 to Central Avenue, Central Avenue from First Street to Lake Shore Boulevard, and Lake Shore Boulevard from Central Avenue to North Wales Drive at Legion Field, and Orange Avenue and N 5th Street to Sessoms Avenue. BACKGROUND Mr. Anuj Saran, Principal of the Lake Wales High School submitted a special event permit application for the Homecoming Parade to be held on Thursday, October 12, 2023 between the hours of 4:00 pm and 5:30 pm. Parade line up begins at 3:30 p.m. in the parking lot of Polk Avenue Elementary School and on south First Street with the parade starting at 4:00 p.m. The requested temporary street closings will involve the following streets; First Street from State Road 60 north to Central Avenue, east on Central Avenue crossing SR 17 and continuing to Lake Shore Blvd., north on Lake Shore Blvd. to North Wales Drive, Orange Avenue to N 5th Street, N 5th Street to Sessoms Avenue All Departments have reviewed the application and have approved the event. The Charter Schools have provided the required proof of liability insurance. OTHER OPTIONS Do not approve the request for the Homecoming Parade and the road closings for the event. FISCAL IMPACT In-kind service from the City is estimated to be $2,108 for FY2023/2024. Lake Wales High School is responsible for 25% of the total cost or approximately $527. [End Agenda Memo] 8.V. Task Order NO. 7 Hoyle Tanner Project No. 855734 [Begin Agenda Memo] SYNOPSIS: Hoyle Tanner is the contracted consultant for Alternative Water Supply. Staff is  [End Agenda Memo] 8.V. Task Order NO. 7 Hoyle Tanner Project No. 855734 [Begin Agenda Memo] SYNOPSIS: Hoyle Tanner is the contracted consultant for Alternative Water Supply. Staff is requesting their services to identify potential non-public water supplies to be transferred to the City Water Use Permit (WUP). An option other than development of a Lower Floridan Aquifer water RECOMMENDATION Authorize Task Order NO. 7 – Services Related to Proposed WUP Modification and Water Supply Strategy. BACKGROUND As part of the Alternative Water Supply report, staff and consultants seek to obtain additional Upper Floridan Aquifer (UFA) permitted withdrawal capacity primarily through the use of Land Use Transfers (LUTs) working with development applicants. Hoyle, Tanner and its hydrogeological consultant, Respec, will provide technical support and analysis which may include potential LUT evaluation; hydrogeological modeling; conceptual facilities planning and cost/benefit analysis; water demand projection updating; and related documentation and assistance to support the WUP modification application. FISCAL IMPACT Not to exceed $187,600. ATTACHMENT Task Order No. 7 [End Agenda Memo] 9. OLD BUSINESS 9.I. ORDINANCE 2023-29 Petition To Establish The Peace Crossing Community Development District (CDD) – 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Ordinance 2023-29 proposes the establishment of the Peace Crossing Community Development District (hereinafter referred to as the “CDD”), as petitioned by Lake Wales Property Holdings, LLC pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes. RECOMMENDATION Staff recommends adoption after second reading of Ordinance 2023-29 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 The Peace Crossing CDD is proposed for the 1,943-acre Master Development Plan (MDP) Lake Wales Mixed Use Project, also referred to as the Winter Haven Corp property, approved in 2021. The MDP allows up to 6,100 residential units of different dwelling types, and up to 725,000 sq. ft. of non-residential uses. 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 dwelling types, and up to 725,000 sq. ft. of non-residential uses. 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. Peace Crossing would be the 4th established in the City to date. Other established developments with CDDs includes Lake Ashton, Leoma’s Landing, and Hunt Club Grove. The proposed Infrastructure Plan is listed below: EXHIBIT 6 LIST OF FACILITIES AND O&M RESPONSIBILITY Description Construction Ownership Capital Financing* O&M Entity Stormwater Management Facilities District District District Bonds District Potable Water System District City of Lake Wales Utilities Department District Bonds City of Lake Wales Utilities Department Reclaimed Water System District City of Lake Wales Utilities Department District Bonds City of Lake Wales Utilities Department Sanitary Sewer System District City of Lake Wales Utilities Department District Bonds City of Lake Wales Utilities Department Public Roadway Construction District City of Lake Wales District Bonds City of Lake Wales Offsite Roadway Improvements** District Polk County /FDOT District Bonds Polk County /FDOT Amenities** District District District Bonds District Common Area Landscape, Hardscape, Irrigation*** District District District Bonds District *Developer may contribute toward development costs **Improvements to be defined ***Common area includes parks, trails, open-space, monumentation, conservation areas, buffers, etc. OTHER OPTIONS Decline request to establish Peace Crossing CDD. FISCAL IMPACT Once water, wastewater, and reclaim water, and public roadway 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 $11,562,000. Based on an average monthly utility bill of $70.00 per single-family home within city limits, the City may collect over $5,124,000 in utility bill fees annually within the Winter Haven Corp/Peace Crossing development once built  FISCAL IMPACT Once water, wastewater, and reclaim water, and public roadway 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 $11,562,000. Based on an average monthly utility bill of $70.00 per single-family home within city limits, the City may collect over $5,124,000 in utility bill fees annually within the Winter Haven Corp/Peace Crossing development once built out. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2023-29 by title only. ORDINANCE 2023-29 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LAKE WALES, FLORIDA, GRANTING AN AMENDED PETITION TO ESTABLISH THE PEACE CROSSING COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDING FOR THE ESTABLISHMENT AND NAMING OF THE DISTRICT; PROVIDING FOR THE LEGAL DESCRIPTION OF THE EXTERNAL BOUNDARIES OF THE DISTRICT; PROVIDING FOR THE DESCRIPTION OF THE FUNCTIONS AND POWERS OF THE DISTRICT; PROVIDING FOR THE DESIGNATION OF THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Williams made a motion to adopt ORDINANCE 2023-29 after 2nd reading and public hearing. Commissioner Krueger seconded the motion. by roll call vote: Commissioner Williams "YES" Commissioner Krueger "YES" Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion passed 5-0 10. NEW BUSINESS 10.I. RESOLUTION 2023-15, PACE Program Participation [Begin Agenda Memo] SYNOPSIS Resolution 2023-15 prepared by the City Attorney rescinds Resolution 2018-31 which established a Property Assessed Clean Energy (PACE) program in the City and associated interlocal agreements with the Florida Green Finance authority, The Green Corridor PACE District, Florida Resiliency and Energy District and the Florida PACE Funding Agency. SYNOPSIS Resolution 2023-15 prepared by the City Attorney rescinds Resolution 2018-31 which established a Property Assessed Clean Energy (PACE) program in the City and associated interlocal agreements with the Florida Green Finance authority, The Green Corridor PACE District, Florida Resiliency and Energy District and the Florida PACE Funding Agency. RECOMMENDATION Staff recommends that Commission adopt Resolution 2023-15 and authorize the Mayor and City Attorney to proceed with the required program termination procedures. BACKGROUND Section 163.08, Florida Statutes, creates the framework for the administration of PACE programs, wherein property owners enter into financing agreements to obtain specified qualifying improvements that are paid through the levy of non-ad valorem assessments on the property owners tax bills. On December 18, 2018, the City of Lake Wales adopted Resolution Number 2018-31, creating a PACE program in the city. The PACE program was authorized to allow homeowners to make energy efficient improvements to residences such as adding solar panels or energy efficient heaters and pay for those improvements on their tax bills. Subsequently, throughout the state several Florida counties have raised concerns about the PACE program providing loans to the consumer due to a lack of oversight and consumer protections. In January of 2023, the Florida PACE Funding Agency sent letters to county governments stating that they no longer need to have a county or municipal resolution to issue loans. The Florida Pace Funding Agency claims that a judge's ruling in a Leon County bond validation proceeding in October of 2022 gives it the "independent authority to carry out its mission of offering PACE financing statewide, without requiring additional efforts from individual counties or cities." Now, Florida PACE states they will no longer follow county or city regulations. Accordingly, the PACE program is now being challenged across the state. Palm Beach and Pinellas County have initiated litigation with PACE due to the number of liens the program has imposed on residential homes. Several other Florida counties, including Port St. Lucie have also taken legal action to stop the operation of Florida PACE without an interlocal agreement with the county or a local city. The Florida Tax Collector’s Association disputes the claims of the Florida Pace Funding Agency. Nine Tax Collector’s around the state are currently being sued by the Florida Pace Funding Agency for not collecting non-ad valorem assessments that lack a local county agreement. The Polk County Tax Collector disputes the assertions from the Florida Pace Funding Agency. The Polk County Board of County Commissioners passed a resolution June 6, 2023, authorizing the County to “join litigation that contests the ability of the Tax Collector to collect non-ad valorem assessments on property located in unincorporated Polk County without Polk County entering into an interlocal agreement authorizing such assessments.” The Commission noted in the resolution that PACE assessments without an interlocal agreement in place would infringe upon Polk County’s Constitutional and Home Rule authority. For many years, Joe G. Tedder, Tax Collector for Polk County has advised local governments to use caution in entering into interlocal government agreements with PACE due to concerns over consumer protection and the belief that the uniform method for property tax collection (through the property tax bill), should not be used for the collection of consumer debt. years, Joe G. Tedder, Tax Collector for Polk County has advised local governments to use caution in entering into interlocal government agreements with PACE due to concerns over consumer protection and the belief that the uniform method for property tax collection (through the property tax bill), should not be used for the collection of consumer debt. FISCAL IMPACT There is no fiscal impact as a result of adopting Resolution 2023-15. OTHER OPTIONS Commission could choose not to adopt Resolution 2023-15. [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2023-15 by title only. RESOLUTION 2023-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, RESCINDING RESOLUTION 2018-31 WHICH CREATED A PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM WITHIN THE CITY OF LAKE WALES; AUTHORIZING THE CITY TO WITHDRAW FROM PARTICIPATION WITH THE PACE PROGRAMS OF THE FLORIDA GREEN FINANCE AUTHORITY, THE FLORIDA PACE FUNDING AGENCY, THE GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY (PACE) DISTRICT, AND THE FLORIDA RESILIENCY AND ENERGY DISTRICT; AUTHORIZING WRITTEN NOTICE TO BE PROVIDED TERMINATING THE NON-EXCLUSIVE PARTY MEMBERSHIP AGREEMENT WITH THE FLORIDA GREEN FINANCE AUTHORITY; AUTHORIZING WRITTEN NOTICE TO BE PROVIDED TERMINATING THE NON-EXCLUSIVE INTERLOCAL AGREEMENT WITH THE FLORIDA PACE FUNDING AGENCY; AUTHORIZING WRITTEN NOTICE TO BE PROVIDED TERMINATING THE NON-EXCLUSIVE MEMBERSHIP AGREEMENT WITH THE GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY (PACE) DISTRICT; AUTHORIZING WRITTEN NOTICE TO BE PROVIDED TERMINATING THE NON-EXCLUSIVE LIMITED PURPOSE PARTY MEMBERSHIP AGREEMENT WITH THE FLORIDA RESILIENCY AND ENERGY DISTRICT; MAKING FINDINGS FOR JUSTIFICATION FOR WITHDRAWAL FROM ALL OF THE PACE PROGRAMS; AUTHORIZING AND DIRECTING CITY OFFICIALS, OFFICERS, AND EMPLOYEES AND OTHERS TO TAKE SUCH ACTIONS AS MAY BE NECESSARY OR DESIRABLE IN FURTHERANCE OF THE OF THE PURPOSES OF THIS RESOLUTION; AUTHORIZING THE RECORDING OF A CERTIFIED COPY OF THIS RESOLUTION BY THE CLERK OF COURT IN THE PUBLIC RECORDS OF POLK COUNTY, FLORIDA, FOR THE PURPOSE OF PROVIDING NOTICE; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Albert Galloway, Jr., City Attorney, reviewed this item. Commissioner Thompson expressed support for the Resolution. He said he supports the goal to reduce energy costs but is against tax liens on a house. This isn't the way to do this. Commissioner Krueger asked to confirm that other cities have backed out of this as well. James Slaton, City Manager, confirmed this and said our tax collector is against these. Deputy Mayor Gibson said this doesn't scuttle the program it just takes it off the tax bills. Commissioner Krueger made a motion to adopt RESOLUTION 2023-15. Commissioner Williams seconded the motion.  Deputy Mayor Gibson said this doesn't scuttle the program it just takes it off the tax bills. Commissioner Krueger made a motion to adopt RESOLUTION 2023-15. 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 passed 5-0 11. CITY ATTORNEY Albert Galloway, Jr., City Attorney, said he will get Resolution 2023-15 recorded soon so we can more forward with what the Resolution requires. 12. CITY MANAGER James Slaton, City Manager, announced Lake Wales Live is on October 13th on Orange Avenue. This is done in partnership with Main Street and Arts Council. 12.I. Commission Meeting Calendar 13. CITY COMMISSION COMMENTS Commissioner Krueger expressed support for ADS coming to Lake Wales bringing 250-300 jobs. They are welcome. Commissioner Krueger said he had concerns about claims concerning climate change. Commissioner Williams asked Mr. Slaton to put information for Planning and Zoning meetings online. Mr. Slaton said he will look into this. Commissioner Williams said that he reviewed the draft of the Lake Wales Envisioned Plan. He said it looks great and looks forward to discussions on this. Commissioner Thompson thanked the City Manager for addressing Code Enforcement on two county streets that had gotten bad. He said those residents are appreciative that it got cleaned up. Deputy Mayor Gibson asked that events presenting the Lake Wales Envisioned program be publicized. It is an impressive document. 14. MAYOR COMMENTS Mayor Hilligoss said he read the Lake Wales Envisioned document. He said he is glad that we are already doing many of the things listed. 15. ADJOURNMENT The meeting was adjourned at 6:44 p.m.  doing many of the things listed. 15. ADJOURNMENT The meeting was adjourned at 6:44 p.m. _______________________ Mayor ATTEST: _______________________ City Clerk