City Commission Regular Meeting

City Commission Meeting Minutes October 17, 2023 (APPROVED) 10/17/2023 - Minutes 1. INVOCATION Rev. Walter Nelson 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 - World Polio Day Mayor Hilligoss proclaimed October 24, 2023 as World Polio Day. Representatives from the Lake Wales Rotary Clubs accepted the proclamation. 6. COMMENTS AND PETITIONS Lucy Lawliss, non resident representing Olmsted Network, spoke in favor of adopting Resolution 2023-18. This plan will lead to more connected and healthier communities. The Olmsted network endorses the proposal. Brandon Alvarado, resident, spoke in favor of Resolution 2023-18. He encouraged the Commission to follow through on implementing the plan. Tricia Martin, Bok Tower Gardens, spoke in support of Resolution 2023-18. This plan has generated statewide interest and nation wide. We can create a place our children and grandchildren want to live. Morgan Pohopin, St. Vincent de Paul, shared about their case management program for Hurricane Ian survivors. She shared details of their programs to help with recovery efforts. Rusty Ingley, non-resident, expressed support for Resolution 2023-18. Adopting this will attract the best partners and will shape the future Lake Wales deserves.  Morgan Pohopin, St. Vincent de Paul, shared about their case management program for Hurricane Ian survivors. She shared details of their programs to help with recovery efforts. Rusty Ingley, non-resident, expressed support for Resolution 2023-18. Adopting this will attract the best partners and will shape the future Lake Wales deserves. Analisa Jahna, non-resident, spoke in favor of Resolution 2023-18. She offered to get involved to support this effort. Nancy Gossard, resident, spoke in favor of Resolution 2023-18 and said this is a win-win if we give it a chance. Ron Pollard, resident, spoke in favor of Resolution 2023-18. He spoke about the benefits of traditional neighborhoods. Juanita Zwaryczuk, resident, spoke in favor of Resolution 2023-18. She thanked the Commission for doing this plan. She asked that we stick with it and do what is best for the community. Charlene Bennett, resident, spoke in support of the Lake Wales Envisioned project. She commended the DoverKohl team for their hard work and the City Commission for their foresight on doing this kind of planning. Mike Roberts, resident, said he lives on Park Avenue and shared a concern about the trail lights that were recently turned on and are intrusive into his home. He asked for assistance with this. Ben Wiles, resident, expressed support for Resolution to adopt the Lake Wales Envisioned plan. He thanked James Slaton, City Manager, for his efforts on this. Catherine Price, resident, asked the Commission to support the concepts in the Lake Wales Envisioned Plan. This plan brought a lot of groups and ideas together. This gives us a glimmer of where we want to go. Tammy James, resident, thanked the Commission and staff for their effort on the Lake Wales Envisioned Plan. It tells us where we want to be in 5-10 years. This provides something for everyone. Jim Faust, resident, said the Lake Wales Envisioned Plan is a huge opportunity for Lake Wales. He said that he hopes the plan is fully implemented. Lake Wales can be a leader in better development. Jim Taggart, non-resident, expressed concern about the Lake Wales Envisioned Plan and the Climate Change agenda. Let's be careful about implementing this. Paul Owens, non-resident representing 1000 Friends of Florida, spoke in favor of Resolution 2023-18. This plan is visionary that reflects the will of this community. 7. CITY CLERK 7.I. Appointment –Citizens And Police Community Relations Advisory Committee [Begin Agenda Memo] SYNOPSIS: Appointments to fill vacancy due to resignation. RECOMMENDATION Staff recommends that the Mayor and Commission to make the following appointments as deemed appropriate. 1. Appoint Kristin Nelson Royal to a new term on the Citizens and Police Community Relations Advisory Committee that expires 7/1/2024. BACKGROUND 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  appropriate. 1. Appoint Kristin Nelson Royal to a new term on the Citizens and Police Community Relations Advisory Committee that expires 7/1/2024. BACKGROUND 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). Citizens and Police Community Relations Advisory Committee (Res 2020-05) The board consists of 6 members. Terms are 2 years. One member shall be an active police officer serving in the Lake Wales Police Department and shall be appointed by the chief of police. Each Commissioner shall recommend one appointment to the Mayor. There is currently 1 vacancy Current Members: Andy Oguntola (Seat 1) 7/01/2023 – 07/01/2025 P+2 Tiffany Davis (Seat 2) 7/1/2022 – 7/1/2024 2 Narvell Peterson (Seat 3) 7/1/2022-7/1/2024 2 Al Goldstein (Seat 4) 7/1/2023 – 7/01/2025 P+1 Troy Schulze (Seat 5) 7/1/2022 – 7/1/2024 resigned Michael Smith (appointed by police Chief) Applying for Appointment – Kristin Nelson Royal for a term to expire 7/1/2024 Deputy Mayor Gibson must recommend this appointment. OPTIONS Do not appoint those that have applied. FISCAL IMPACT None. These are volunteer boards. [End agenda memo] Kristin Royal introduced herself to the Commission. Mayor Hilligoss made a motion to appoint Kristin Royal to the Citizens and Police Community Relations advisory board for a term ending July 1, 2024. Commissioner Williams seconded the motion. by roll call vote: Mayor Hilligoss "YES" Commissioner Williams "YES" Commissioner Krueger "YES" Commissioner Thompson "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 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 approved 5-0. 8.I. Minutes - October 3 & 12, 2023 8.II. Task Order #2 With Hoyle, Tanner And Associates, Inc. [Begin Agenda Memo] SYNOPSIS: Task Order #2, with Hoyle, Tanner and Associates, Inc. is for the engineering design to rehabilitate taxilane bravo and reconstruct t-hangar taxilane RECOMMENDATION Staff recommends that the City Commission approve the following action: 1. Approve Task Order #2 ($112,900), with Hoyle, Tanner and Associates, Inc. for the engineering design to rehabilitate taxilane bravo and reconstruct t-hangar taxilane. BACKGROUND At its regular scheduled commission meeting on June 20, 2023, the City Commission adopted Resolution 2023-11, authorizing the execution of an agreement with the Florida Department of Transportation for their funding share to rehabilitate and reconstruct t- hangar taxilane and taxilane bravo at the Lake Wales Municipal Airport in the amount of $11,000 (10% up to a maximum of $11,000). This also included the execution of an agreement with the Federal Aviation Authority for their funding share of $101,610.00 (90% of the total project cost) Task Order #2: Professional services pertaining to the engineering design of t- hangar taxilane reconstruction and taxilane bravo rehabilitation. The project total for engineering design is $112,900.00. FISCAL IMPACT City: $ 290.00 FDOT: $ 11,000.00 FAA: $ 101,610.00 OTHER OPTIONS The Commission has already accepted the grant from the Florida Department of Transportation and signed the grant from the FAA for this project. [End Agenda Memo] 8.III. Piggyback Annual Contract With USSI, LLC [Begin Agenda Memo] SYNOPSIS: Staff recommends the commission approve entering into a piggyback agreement with USSI, LLC and to expend funds in the amount of $125,700.47 to complete chimney seals (A durable material that is used to provide a seal within the manhole frame that firmly keeps the manhole top in place while making it watertight) on lift stations 1, 2 and 16 sewer shed areas. SYNOPSIS: Staff recommends the commission approve entering into a piggyback agreement with USSI, LLC and to expend funds in the amount of $125,700.47 to complete chimney seals (A durable material that is used to provide a seal within the manhole frame that firmly keeps the manhole top in place while making it watertight) on lift stations 1, 2 and 16 sewer shed areas. STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Approve entering into a piggyback agreement with USSI, LLC utilizing the Toho Water Authority agreement. 2. Approve expending funding of $125,700.47 to perform infiltration testing on various lift stations and their respective service areas. 3. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND Infiltration is a term used for when groundwater enters the sanitary sewer system through faulty pipes or manholes. This can happen because of age, design, installation or maintenance issues. Inflow and infiltration water is referred to as “clear water” distinguishing it from sanitary sewage water’. When clear water gets into the wastewater and sewer system, it is treated. When it is treated, it cost the city money. It also takes up valuable capacity within the collection system and the wastewater treatment facility. Several conditions indicate when there is a seal failing on the manholes. • Lift station pumps run for a long time after a rain event. It has a large number of starts and stops after it rains. This means storm water has entered the sanitary sewer system and is on its way to be treated. • Pipes back-up. Manholes spill wastewater onto roadways or green space. • You see significant spikes in flow at your wastewater treatment plant corresponding to precipitation events or high groundwater conditions. Staff is seeing some of these same indicators happening within the City sanitary sewer system. Staff recommends commission approve entering into an annual contract with USSI for the services of infiltration testing using the piggyback agreement from Toho Water Authority. Although the city has recently completed a large amount of inspections, smoke testing, inflow dishes, chimney seals and cleanout repairs at lift stations 1,2,3,5, 9 and 16. Additional funds are in need to complete the chimney seals at lift stations 1, 2 and 16 sewer-shed area. In additions, Staff also recommends the commission approve to expend funds for $125,700.47 to complete the chimney seals on the remaining lift stations and their respective service areas. OTHER OPTION The delay in testing the specified area will continue to allow groundwater to continue to infiltrate the sanitary sewer system causing extended wear and tear on all sanitary sewer system components. FISCAL IMPACT The 2023-2024 Capital Improvements Plan has budgeted $300,000 to address this problem system wide. [End Agenda Memo]  FISCAL IMPACT The 2023-2024 Capital Improvements Plan has budgeted $300,000 to address this problem system wide. [End Agenda Memo] 8.IV. Piggyback Contract With U.S. Submergent Technologies, LLC. And Authorize Expenditures For $118,875.00 [Begin Agenda Memo] SYNOPSIS: Staff recommends the Commission approve to piggyback Daytona Beach’s contract with US Submergent, LLC. for Utility Structure Cleaning Services. STAFF RECOMMENDATION It is recommended that the City Commission: 1. Approve piggyback contract with U.S. Submergent Technologies, LLC. for Utility Structure Cleaning Services. 2. Authorize the City Manager to execute the appropriate maintenance contract documents, on the City’s behalf in regards to this purchase. 3. Authorize the Mayor to execute the grant agreement for $59,437.50, once received by staff from the Florida Department of Environmental Protection Agency. BACKGROUND An oxidation ditch is a modified activated sludge biological treatment process that uses long solids retention times (SRTs) to remove biodegradable organics. The typical oxidation ditch is equipped with aeration rotors or brushes that provide aeration and circulation. The wastewater moves through the ditch at about 1 to 2ft/s. The ditch can be designed for continuous or intermittent operation. Because of this feature, this process is adaptable to the fluctuations in flows and loadings associated with wastewater production. It becomes necessary from time to time to remove accumulated sand and grit from the oxidation ditch to ensure the proper and efficient operation of the equipment. The removal of the sediment ensures optimum treatment capacity is always available. US Submergent effectively removed 72 tons of sand and grit in 2017 and 408 tons in 2018 for a total of 475 tons. Staff is actively seeking grant funding of $59,437.50 from the Florida Department of Environmental Protection (FDEP). FDEP will fund 50% of the total cost of $118, 875.00. Staff has been successful in receiving this grant in the past for both removals in the past. Staff desires to enter into an annual contract with US Submergent for routine cleaning and monitoring of the oxidation ditch. Routine cleaning will promote a healthy oxidation ditch and allow for more efficient processing of waste. Under contract, US Submergent will monitor the oxidation ditch, identifying when cleaning is necessary prior to mass build-up, and allow staff to budget for regular removal of sand and grit. Staff recommends commission approve entering into an annual contract with USSI for oxidation ditch maintenance, authorized the City Manager the executed the appropriate documents on the City’s behalf with US Submergent, and authorize the Mayor to sign the grant documents when received by staff. OTHER OPTION The Commission could chose not to approve the annual contract, which would require staff to procure individual quotes when maintenance is necessary. This can be time consuming and costly given the current industry and fluctuation of pricing. Having a  authorize the Mayor to sign the grant documents when received by staff. OTHER OPTION The Commission could chose not to approve the annual contract, which would require staff to procure individual quotes when maintenance is necessary. This can be time consuming and costly given the current industry and fluctuation of pricing. Having a maintenance schedule and contract in place allows staff to maintain the system and avoid costly repairs caused by sediment buildup. FISCAL IMPACT FY 23-24 M&R Treatment Plants has budgeted $250,000.00 for which only $59,437.50 will be spent for this service. [End Agenda Memo] 8.V. Special Event Permit Application For Rotary On The Ridge To Host The Annual Christmas Parade December 9, 2023 [Begin Agenda Memo] SYNOPSIS: Approval of the special event permit application will allow Rotary on the Ridge to present the annual Christmas Parade on Saturday December 9, 2023 and allow for the temporary closing of several streets. RECOMMENDATION: Staff recommends that the City Commission take the following action: 1. Approve the special event permit application from the Rotary on the Ridge for the annual Christmas parade to take place Saturday evening, December 9, 2023 between the hours of 6:00 p.m. and 8:00 p.m. 2. Approve the parade route that will begin on S First Street, travel up to Central Avenue, Central Ave to Lakeshore Blvd. north to Park Avenue through Lake Wailes Park where it will end. 3. Approve the temporary closing of S 1st Street, from E. Polk Avenue to Central Avenue; Central Avenue from 1st Street to Lakeshore Blvd., Lake Shore Blvd. from Central Avenue to Park Avenue, and the Horseshoe Drive in Lake Wailes Park. 4. Approve Festivities in Lake Wailes Park on December 9 from 2:00 p.m. – 10:00 p.m. BACKGROUND: Rotary on the Ridge submitted a special event permit application for the Annual Christmas Parade to take place Saturday, December 10, 2023 from 6:00 p.m. to 8:00 p.m. Line up for the parade will begin at 10:00 a.m. at Polk Avenue Elementary School. The application also includes a request for the temporary closing of several streets as follows: S 1st Street, from E. Polk Avenue to Central Avenue; Central Avenue from 1st Street to Lakeshore Blvd., Lake Shore Blvd. from Central Avenue to Park Avenue, and the Horseshoe Drive in Lake Wailes Park. At Lake Wailes Park family friendly activities will begin at 2:00p.m. and continue until 10:00p.m. Staff has reviewed the application and has no issues with the event or road closings. Lake Wales Police Department and VOICE will be handling pedestrian and vehicular traffic control. The Streets Department will coordinate the street closings and trash clean up. Rotary on the Ridge will be responsible for the parade line up, staging and any sanitary facilities that might be necessary. The sponsor will be required to provide insurance, which is standard.  and vehicular traffic control. The Streets Department will coordinate the street closings and trash clean up. Rotary on the Ridge will be responsible for the parade line up, staging and any sanitary facilities that might be necessary. The sponsor will be required to provide insurance, which is standard. OTHER OPTIONS: Not to approve this event and road closings. FISCAL IMPACT: The total cost of in-kind services is in the proposed budget for FY23/24 is $2093 with the Rotary on the Ridge being responsible for 25% of the total cost or approximately $524. [End Agenda Memo] 8.VI. Unity In The Community Classy Car Show Rain Date On October 21, 2023. Special Event Permit Application [Begin Agenda Memo] SYNOPSIS: Approval of this Special Event Application will allow the Guiding Light Ministry to host a Car Show on October 21, on Central Avenue. RECOMMENDATION Staff recommends that the City Commission consider taking the following action: 1. Approve the Special Event Permit Application for the Unity in the Community Classy Car Show to take place on Central Avenue on Saturday October 21 from 9:00 a.m. – 3:00 p.m. 2. Approve the request to close Central Avenue from 8:30 a.m. – 3:00 p.m. on Saturday October 21 from First Street to Wetmore Street. BACKGROUND Guiding Light Ministry has submitted a special event application to host a Car show on October 21, 2023 on Central Avenue between 1st Street and Wetmore Street from 9:00 a.m. – 3:00 p.m. This event will include food and other vendors. The sponsor has requested authorization to close the road at 8:30 a.m. OTHER OPTIONS Do not approve the event FISCAL IMPACT No In-kind services were budgeted for this event. Costs will be paid at 100% by the sponsor. [End Agenda Memo] 8.VII. Taylor Groves – Final Plat [Begin Agenda Memo] SYNOPSIS: American Surveying & Mapping, Inc., agent, requests approval of the Taylor Groves Final Plat. RECOMMENDATION Staff recommends approval of the Final Plat. Neither a recommendation from the Planning Board, nor a public hearing is necessary for approval of a final plat. Provided the plat meets all of the requirements of state statutes and local ordinances, approval by the City Commission is a formality. BACKGROUND The subject property is located west of Tangelo Street and South of State Road 60 East. The Taylor Groves Subdivision, formerly known as Tangelo Subdivision, received a recommendation of approval in October of 2021 by the Planning and Zoning Board  by the City Commission is a formality. BACKGROUND The subject property is located west of Tangelo Street and South of State Road 60 East. The Taylor Groves Subdivision, formerly known as Tangelo Subdivision, received a recommendation of approval in October of 2021 by the Planning and Zoning Board for a 108-lot single-family Preliminary Subdivision Plat and a Special Exception Use Permit for a Residential PDP. City Commission approved this PDP with conditions of approval and waivers of strict compliance in November of 2021. An application for the Site Development Permit was submitted to the City in February of 2022, and construction plans were approved in May of 2022. The pre-construction meeting was held in June of 2022. The City’s consulting surveyor approved the Taylor Groves final plat in December 2022 and the project received utility clearance for water in June 2022 and sewer in May 2022. The developer has completed all site improvements and has not submitted a performance bond in lieu of. FISCAL IMPACT Approval of the final plat enables the construction of 108 new single-family homes. Conservatively estimating a taxable value of $200,000 per unit, it could potentially result in over $21.6 million in taxable value, and generate an estimated $153,800 in ad valorem taxes. *Adjusted values for potential homesteaded properties have not been factored into this estimate. [End Agenda Memo] 9. NEW BUSINESS 9.I. RESOLUTION 2023-18 Lake Wales Envisioned [Begin Agenda Memo] SYNOPSIS: The City Commission will consider adoption of Resolution 2023-18 to accept the Lake Wales Envisioned plan and approve the concepts and ideas proposed therein. RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Adopt Resolution 2023-18 BACKGROUND In December 2022, the City Commission approved a task order with the planning firm Dover, Kohl & Partners to assist in creating a long-range vision plan for Lake Wales. The City’s objective was to create a plan that guides the form of future (re)development and conservation areas inside Lake Wales’ utility service area boundaries. Adoption of Resolution 2023-18 affirms the City Commission’s support of the key concepts outlined within the completed plan. Lake Wales Envisioned (LWe) will serve as a general guide for future development decisions, but is not a legal or binding document. OTHER OPTIONS 1. The City Commission may choose not to approve Resolution 2023-18 FISCAL IMPACT There is no fiscal impact associated with the adoption of Resolution 2023-18 [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2023-18 by title only. FISCAL IMPACT There is no fiscal impact associated with the adoption of Resolution 2023-18 [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2023-18 by title only. RESOLUTION 2023-18 A RESOLUTION OF THE CITY OF LAKE WALES, FLORIDA, RELATING TO THE ADOPTION IN CONCEPT OF THE LAKE WALES ENVISIONED PLAN; CONFIRMING THE RELATED ASPIRATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Deputy Mayor Gibson thanked the DoverKohl for responding to his concerns and amending the draft. He reviewed the amendment of incorporating the City's Mission and Bok ethic into the document. Edward Bok spoke wrote about growth issues. These changes strengthen what has been done. This should be approved as amended. Commissioner Thompson said that this is the easiest part of the hard work represented by the Lake Wales Envisioned Plan. This effort brought a lot of people together. It would be foolish to not approve it. This is a road map for the future. This document should always be in draft form. There will be conversations about what these changes need to be. We will make mistakes. He does ant to leave Lake Wales better and more beautiful. He is looking forward to getting into the details. Commissioner Krueger said there are good parts to the plan. This is a non-binding resolution that can be adjusted as we move forward. We need flexibility as need forward. Commissioner Williams said he is a fan of traditional neighborhoods. We all win with this. Mayor Hilligoss said there's no reason not to move forward. There is a lot to work out. He thanked DoverKohl for there hard work on this. He is in favor of carrots not sticks when it comes to landowners. This will take a lot of cooperation. Albert Galloway, Jr., City Attorney, recommended adding the phrase "as amended from time to time" to section 1. There was consensus to add this phrase. Commissioner Thompson made a motion to adopt RESOLUTION 2023-18 with the recommended amendment. Commissioner Krueger seconded the motion. by Roll Call Vote: Commissioner Thompson "YES" Commissioner Krueger "YES" Commissioner Williams "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion passed 5-0.  Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 9.II. ORDINANCE 2023-32 G R Road Transfer Agreement- First Reading And Public Hearing SUBJECT: Ordinance 2023-32 G R Road Transfer Agreement Public Hearing – First Reading - Notice Requirements have been met SYNOPSIS: The G R Road Transfer Agreement contemplates the transfer of G R Road, a public County Road, to the City of Lake Wales. RECOMMENDATION Staff recommends that the City Commission authorize the Mayor to execute the Agreement. BACKGROUND G R Road, an unimproved County grove road, is located west of 11th Street South, north of Grove Road Three, east of 9th Street South, and south of Belleview Drive. The road extends through a Planned Development Project (PDP) called Belleview Subdivision, approved by City Commission in March of 2022 for a 155-lot single-family residential subdivision. The plan was recommended by the Planning and Zoning Board, and approved by City Commission, with the understanding that G R Road would be transferred to the City and later vacated. Also adjacent to G R Road to the west is another approved PDP called Grove at Orchard Hills, approved by City Commission in June of 2023 for a 930-lot single-family residential subdivision. The transfer and vacation of G R Road would minimize the number of accesses proposed between the two developments and does not impact utility connections. OTHER OPTIONS Decline to approve the Agreement. FISCAL IMPACT The road will be vacated during the plat process; therefore, there should be no costs incurred to the City for the maintenance of G R Road. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2023-32 by title only. ORDINANCE 2023-32 AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, PROVIDING FOR THE TRANSFER OF A PUBLIC COUNTY ROAD, G. R. ROAD, ALL OF G. R. ROAD FROM GROVE ROAD THREE NORTH TO BELLEVIEW DRIVE, INCLUDING, BUT NOT LIMITED TO THOSE PARTS OF THE RIGHTS-OF-WAYS FOR G.R. ROAD THAT LIES WITHIN THE ABOVE-DESCRIBED CORRIDOR AS SHOWN ON “ATTACHMENT A” AND SPECIFICALLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Krueger made a motion to approve ORDINANCE 2023-32 after 1st reading and  OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Krueger made a motion to approve ORDINANCE 2023-32 after 1st 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" Motion passed 5-0. 9.III. ORDINANCE 2023-33 Vacation Of Spratt Road - First Reading And Public Hearing [Begin Agenda Memo] [Begin Agenda Memo] SUBJECT: Ordinance 2023-33 Vacation of Spratt Road Public Hearing – First Reading - Notice Requirements have been met SYNOPSIS: Austin Evans, agent for Heritage Investments of Polk II, LLC, has petitioned for the vacation of Spratt Road located south of Mountain Lake Cutoff Road. RECOMMENDATION Staff recommends approval at first reading, and adoption at second reading, following a public hearing, to vacate Spratt Road described in Ordinance 2023-33. BACKGROUND The subject ROW is located south of Mountain Lake Cutoff Road, and west of US Highway 27 South. Petition for vacation was received by the City in March of 2023 Spratt Road was initially an unimproved County grove road which extended into the Harper Estates Planned Development Project. The plan received a recommendation of approval from the Planning and Zoning Board and an approval by City Commission with the understanding that Spratt Road would be transferred to the City and later vacated. An agreement was approved in August of 2022 to transfer this road from the jurisdiction of Polk County to the City of Lake Wales for maintenance and operational responsibilities. The final plat for Harper Estates Phase I included a note of intention to vacate this right-of-way and was approved by City Commission on July 5, 2023. The ROW is no longer necessary to afford access to the properties it serves and no impacts of closure have been identified.  and was approved by City Commission on July 5, 2023. The ROW is no longer necessary to afford access to the properties it serves and no impacts of closure have been identified. Documentation of approval from public and private utilities has been provided, and no property will be deprived of public access by its vacation. FISCAL IMPACT Vacation of the ROW would relieve the City from maintaining Spratt Road. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2023-33 by title only. ORDINANCE 2023-33 (Vacation of Right-of-Way – Spratt Road) AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, CLOSING, VACATING, RENOUNCING AND DISCLAIMING ANY RIGHTS OF THE CITY AND THE PUBLIC TO SPRATT ROAD RIGHT-OF-WAY LOCATED WEST OF HIGHWAY 27 AS SHOWN ON “ATTACHMENT A” AND SPECIFICALLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Thompson made a motion to approve ORDINANCE 2023-33 after 1st reading and public hearing. Commissioner Krueger seconded the motion. by Roll Call Vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Krueger "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 9.IV. ORDINANCE 2023-34 Petition To Amend The Boundaries Of Lake Ashton Community Development District - 1st Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Ordinance 2023-34 proposes to amend the boundaries of the Lake Ashton Community Development District (hereinafter referred to as the “CDD”), as petitioned by Lake Ashton Community CDD, pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes. RECOMMENDATION Staff recommends approval at first reading of Ordinance 2023-34 Community Development District (hereinafter referred to as the “CDD”), as petitioned by Lake Ashton Community CDD, pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes. RECOMMENDATION Staff recommends approval at first reading of Ordinance 2023-34 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 established Lake Ashton CDD currently covers approximately 472.15 acres of land. The District is requesting to remove (contract) 16.78 acres, in order to add the acreage to the Lake Ashton II CDD, which is located within the City of Winter Haven. The removal of the contraction parcel consists of gold courses that are owned and operated by the neighboring special district. Pursuant to FS 190.046(1)(b), the County Commission may not amend the boundaries without the City’s approval. Since the District already exists and is operating, there are no additional ongoing costs to the City to implement and enforce the proposed boundary amendment. 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, including termination, contraction, or expansion of a district. The proposed petition meets the requirements of Chapter 190. OTHER OPTIONS Decline request to amend the Lake Ashton CDD boundaries. FISCAL IMPACT None. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2023-34 by title only. ORDINANCE 2023-34 AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, AMENDING ORDINANCE 2000- 11, AS AMENDED BY ORDINANCES 2002-06 AND 2005-11; CONTRACTING APPROXIMATELY 16.78 +/- ACRES FROM THE LAKE ASHTON COMMUNITY DEVELOPMENT DISTRICT BOUNDARIES, PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDING FOR THE LEGAL DESCRIPTION OF THE REVISED EXTERNAL BOUNDARIES OF THE DISTRICT; CONSENTING TO THE ADDITION OF THE CONTRACTED LANDS TO THE LAKE ASHTON II COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Krueger made a motion to approve ORDINANCE 2023-34 after 1st reading and public hearing. Commissioner Williams seconded the motion. by Roll Call Vote: Commissioner Krueger "YES"  Commissioner Krueger made a motion to approve ORDINANCE 2023-34 after 1st 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" Motion passed 5-0. 10. CITY ATTORNEY Albert Galloway, Jr., City Attorney, reported that last week two more lots were transferred from the City to the CRA as a result from code enforcement lien foreclosure. 11. CITY MANAGER James Slaton, City Manager, said they completed a lighting assessment of the Northwest neighborhood and will add three lights to the area. 11.I. Commission Meeting Calendar James Slaton, City Manager, said that we have a week off next week. Next work session is November 1, 2023. 12. CITY COMMISSION COMMENTS Commissioner Krueger shared quotes and comments concerning climate change issues. Commissioner Williams asked Mr. Slaton to address the issue about the lights on Park Avenue. James Slaton, City Manager, said he would look into it. Deputy Mayor Gibson said he agreed with the Mayor's past comments about affordable and attainable housing. We need houses people can afford. We also need to attract people looking for quality of life. Small homes can be nice. Deputy Mayor Gibson commented on his tour of the Park Avenue improvements. Very little water will leave the area. It won't go to the lake but through the sand. 13. MAYOR COMMENTS Mayor Hilligoss thanked the City staff for their hard work on the Lake Wales Envisioned Plan. 14. ADJOURNMENT The meeting was adjourned at 7:12 p.m. _______________________ Mayor  The meeting was adjourned at 7:12 p.m. _______________________ Mayor ATTEST: _______________________ City Clerk