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City Commission Regular Meeting

Regular Meeting

Lake Wales, FL · July 16, 2024

AgendaMinutes

Minutes

City Commission Meeting Minutes July 16, 2024 (APPROVED) 7/16/2024 - Minutes 1. INVOCATION Rev Herb Schlenker 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, Mayor Jack Hilligoss, Robin Gibson, Carol Gillespie, Daniel Williams Commission Members Absent: Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert C. Galloway, Jr., City Attorney 5. PROCLAMATIONS AND AWARDS 5.I. PROCLAMATION - Parks And Recreation Month Mayor Hilligoss proclaimed July as Parks and Recreation Month. Stephanie Lutton, Parks and Recreation Director, accepted the proclamation. 5.II. PROCLAMATION - Lynn And Tommy Oakley Mayor Hilligoss read a proclamation honoring Lynn and Tommy Oakley for their contributions to Lake Wales. Lynn and Tommy Oakley accepted the proclamation. 6. COMMENTS AND PETITIONS Catherine Price, resident, said there are problems with the BizLinc contract and it was difficult to audit. She said we need accountability. Charlene Bennett, resident, spoke on Resolution 2024-16 and said there will be less public input if adopted. Juanita Zwaryczuk, resident, spoke on BizLinc and said the embezzlement of funds was relevant and was bad publicity. Charlene Bennett, resident, spoke on Resolution 2024-16 and said there will be less public input if adopted. Juanita Zwaryczuk, resident, spoke on BizLinc and said the embezzlement of funds was relevant and was bad publicity. Kay Brown, resident, shared concerns about building in her neighborhood and possible flooding. Commissioner Gillespie asked where this was. Mrs. Brown said near Russell Ave and Delmar Street west of 1st Street. Becky Wynkoop, resident, spoke on Resolution 2024-16 and said it should be made clear that the Citizens can talk during public hearings. She advocated for a bridge over the Rails to Trails on 3rd Street. 7. CONSENT AGENDA Catherine Price asked to pull item 7.5 Transferring of ownership of one parcel from the City to the CRA. Mayor Hilligoss agreed to pull item 7.5. Commissioner Thompson made a motion to approve the rest of the Consent Agenda. Deputy Mayor Gibson seconded the motion. by voice vote: Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Mayor Hilligoss "YES" Motion approved 5-0. The motion was approved 5-0. 7.I. Minutes - July 2 & 10, 2024 7.II. Sick Leave Payout [Begin Agenda Memo] SYNOPSIS: The City Commission will consider approval of the payout of a portion of the City Manager’s accrued sick leave. RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve the payout of up to 500 hours of accrued sick leave for FY’24 ($41,510) and up to 200 hours ($16,604) for FY’25. BACKGROUND The City Manager is requesting approval of payout of a portion of his accrued sick leave. Sufficient funds are available in unrestricted fund balance to cover the payout. FISCAL IMPACT The current-year fiscal impact is $41,510 and the FY’25 fiscal impact will be approximately ($16,604). [End Agenda Memo] 7.III. “Lake Wales Car Show” Special Event Permit [Begin Agenda Memo] approximately ($16,604). [End Agenda Memo] 7.III. “Lake Wales Car Show” Special Event Permit [Begin Agenda Memo] SYNOPSIS: Approval of the Special Event Permit Application will allow the “Lake Wales Car Show” to host their event on the first Saturday of each month in the downtown area for the next year from October to April. RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Approve the Special Event Permit application for the “Lake Wales Classic Car Show” to take place on the 1st Saturday of each month between the hours of 4:00 p.m. and 7:30 p.m. beginning October 5, 2024 and ending April 5, 2025. 2. Approve the temporary closing of the Marketplace, Stuart Avenue from First Street to Scenic Highway, partial closure of S. Market Street from Stuart Avenue to Central Avenue and the temporary closing of the parking lot at the intersection of SR17 and Stuart Avenue (west side of SR17). BACKGROUND Mr. Larry Bossarte, Lake Wales Main Street Inc. submitted a Special Event Permit Application to continue holding the “Lake Wales Car Show” in the downtown area the first Saturday of each month beginning on October 5, 2025 and ending on April 5, 2025. The event hours would be from 4:00 p.m. to 7:30 p.m. which includes set up and take down. This event will showcase custom, classic and antique cars which will be located along Stuart Avenue. Musical entertainment and food vendors will be set up in the Marketplace and/or on a portion of S. Market Street between Stuart Avenue and Central Avenue. They are requesting the temporary closing of the parking lot at the intersection of SR17 and Stuart Avenue, closing of Stuart Avenue from First Street to SR17 and a portion of S. Market Street from Central Avenue to Stuart Avenue. The sponsor is responsible for all requirements for site preparation, site clean-up, food vendor licensing, and sanitary facilities. Proof of liability insurance will be provided to the City. In 2012, 2016, 2019, 2022 the Lake Wales Main Street was granted 3 year permits for the Car Show to continue until January 2025. There have been no problems associated with this event. OTHER OPTION Do not approve this special event permit application. FISCAL IMPACT There will be no cost to the city associated with this event. [End Agenda Memo] 7.IV. Heaven On The Ridge Fundraising Event On Saturday August 3, 2024. Special Event Permit Application [Begin Agenda Memo] SYNOPSIS: Approval of this Special Event Application will allow the Legacy Kids Academy to host a Fundraising event on August 3, on Central Avenue. [Begin Agenda Memo] SYNOPSIS: Approval of this Special Event Application will allow the Legacy Kids Academy to host a Fundraising event on August 3, on Central Avenue. RECOMMENDATION Staff recommends that the City Commission consider taking the following action: 1. Approve the Special Event Permit Application for the Heaven on the Ridge Fundraising event to take place on Central Avenue on Saturday August 3 from 11:00 a.m. – 4:00 p.m. 2. Approve the request to close Central Avenue from 8:00 a.m. – 6:00 p.m. on Saturday June 15 from First Street to Wetmore Street. BACKGROUND The Legacy Kids Academy has submitted a special event application to host a fundraiser on Saturday August 3, 2024 on Central Avenue between 1st Street and Wetmore Street from 8:00 a.m. – 6:00 p.m. This event will include food and other vendors. The sponsor has requested authorization to close the road at 8:00 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] 7.V. The Transfer Of Ownership Of One Parcel From The City Of Lake Wales To The Lake Wales Community Redevelopment Agency (CRA) For The Purposes Of Building An Affordable Home. [Begin Agenda Memo] SYNOPSIS: The purpose of this request is to obtain approval to transfer ownership of a city owned property located at 1130 Dr. M. L. K. Blvd. Parcel: 273002899000008140 to the CRA. RECOMMENDATION It is recommended the City Commission consider the following action(s) 1. The City Commission authorize the donation of parcel 273002899000008140 to the Community Redevelopment Agency for the purpose of working with a developer to build affordable housing. BACKGROUND The CRA is working with developers to build affordable housing within the Core Improvement area. Since 2021, there has been more than 25 affordable homes built in the Northwest neighborhood. Along with the new homes that have been built, the CRA, in partnership with SouthState Bank, have provided more than $180,000 for down payment assistance. LAKE WALES CONNECTED PLAN ACTION STEPS Action # Description 9 Provide down payment assistance and low-interest mortgages for infill housing in the Northwest Neighborhood 27 Identify properties owned by CRA or the City and explore joint ventures for new housing 9 Provide down payment assistance and low-interest mortgages for infill housing in the Northwest Neighborhood 27 Identify properties owned by CRA or the City and explore joint ventures for new housing 38 Provide first-time homebuyer counseling and education (via Keystone Challenge Fund) 39 Provide down payment assistance and low-interest mortgages for infill housing FISCAL IMPACT None OTHER OPTIONS Not accept staff recommendation. [End Agenda Memo] Catherine Price, resident, said we should be cautious about who we get to build affordable houses. Mayor Hilligoss confirmed that this just transfers the property to the CRA, a decision about who will build on it was tabled. James Slaton, City Manager, confirmed this, Commissioner Gillespie made a motion to approve this item. Commissioner Thompson seconded the motion. by voice vote: Commissioner Gillespie "YES" Commissioner Thompson "YES" Commissioner Williams "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 7.VI. Harper Estates Final Plat – Phase II [Begin Agenda Memo] SYNOPSIS: Heritage Investments of Polk II LLC, owner, requests approval of the Harper Estates Final Plat Phase II. RECOMMENDATION Staff recommends approval of the Phase II 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 US Highway 27 and south of Mountain Lake Cutoff Road. The subdivision Harper Estates, formerly known as K & M Groves, was approved in May of 2021 by Planning and Zoning Board for a 67-lot single-family Preliminary Subdivision Plat and a Special Exception Use Permit for a Residential PDP. City Commission ordinances, approval by the City Commission is a formality. BACKGROUND The subject property is located west of US Highway 27 and south of Mountain Lake Cutoff Road. The subdivision Harper Estates, formerly known as K & M Groves, was approved in May of 2021 by Planning and Zoning Board for a 67-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 June of 2021. Construction plans for the site were designed in two phases. Harper Estates Phase 1, consisting of 29 single-family lots, was approved by City Commission in July of 2023. All outstanding infrastructure improvements for the site have been completed and the remaining 38 lots will be platted within Phase 2. FISCAL IMPACT Approval of the final plat enables the construction of 38 new single-family homes. Conservatively estimating a taxable value of $200,000 per unit, it could potentially result in over $7.6 million in taxable value, and generate an estimated $54,900 in ad valorem taxes. *Adjusted values for potential homesteaded properties have not been factored into this estimate. [End Agenda Memo] 8. OLD BUSINESS 9. NEW BUSINESS 9.I. Certification Of 2024 Taxable Value, Interim Millage & FY24’25 Budget Hearing Dates [Begin Agenda Memo] SYNOPSIS: The City Commission will consider approval of the Polk County property appraiser’s certification of taxable value for 2024, set the interim millage rate, and set the dates for the public hearings to adopt the final millage rate and the FY24’25 budget. RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve the Property Appraiser’s Certification of Taxable Value for 2024. 2. Set the interim millage rate at 7.0462 mills, which is the current year rolled-back rate. 3. Set the dates for the required public hearings for the final millage rate and adoption of the FY24’25 Budget as Wednesday, September 4 and Tuesday, September 17. BACKGROUND Certification of Taxable Values Attached for your review and approval is the Polk County property appraiser’s Certification of Taxable Value for 2024. As indicated, the City’s gross taxable value for operating purposes is $1,235,543,293. Lake Wales has experienced an increase in taxable value of $74,793,712, since the 2023 certification. The certification for 2024 is 6.45% above 2023's final gross taxable value of $1,160,749,581. It is recommended that the City Commission approve the Certification of Taxable Value for 2024. Interim Millage Rate In order for the property appraiser to proceed with the mailing of the required TRIM notices, it will be taxable value of $1,160,749,581. It is recommended that the City Commission approve the Certification of Taxable Value for 2024. Interim Millage Rate In order for the property appraiser to proceed with the mailing of the required TRIM notices, it will be necessary for the Commission to set an interim millage rate and establish the required public hearing dates for adoption of the final 2024 millage rate and the FY24’25 budget. Staff recommends setting the interim millage rate at 7.0462 which is the current year rolled-back rate. The City current millage rate is 7.1214 and rolled-back rate would be 7.0462. The City Commission will be able to lower the millage rate throughout the budget adoption process but will be unable to raise the rate above the interim rate. OTHER OPTIONS & FISCAL IMPACT Taxes levied by the various options are as follows: Interim Millage Rates Rate CRA Library General Total Proposed Rolled-Back Rate 7.0462 2,078,477 578,573 5,787,659 8,444,709 Current Year Rate 23'24 7.1214 2,100,660 584,747 5,849,427 8,534,834 Difference (22,183) (6,174) (61,768) (90,125) The City does not receive 100% of ad valorem tax levy due to 1) discounts offered for early payment and 2) unpaid delinquent taxes. Staff estimates Ad Valorem for budget purposes at 97%. The final adopted millage rate may not exceed the interim millage rate, but it may be lower than the interim millage rate. 10-Year Millage Rate - Historical Data 14'15 8.3638 Rolled-back Rate 15'16 7.3638 Lowered a Full Mill 16'17 7.3273 Rolled-back Rate 17'18 7.0438 Rolled-back Rate 18'19 7.0438 Current Rate 19'20 6.9339 Rolled-back Rate 20'21 6.7974 Rolled-back Rate 21'22 6.7697 Rolled-back Rate 22'23 6.3626 Rolled-back Rate 23'24 7.1214 Rate Increased 24'25 7.0462 Rolled-back Rate Date and Time for Public Hearings: State law requires that the county property appraiser notify each property owner of the interim millage rate and the dates of the meetings for adoption of the millage and budget. To give time for the mailing of this notice to the property owner, the City must, by law, adopt an interim millage rate no later than Date and Time for Public Hearings: State law requires that the county property appraiser notify each property owner of the interim millage rate and the dates of the meetings for adoption of the millage and budget. To give time for the mailing of this notice to the property owner, the City must, by law, adopt an interim millage rate no later than August 2. Florida Statutes stipulate that the first public hearings can be held no sooner than 65 days after the Certification of Taxable Value by the Property Appraiser or July 1, whichever is later. Certification occurred on July 1, therefore the first public hearings can be held no sooner than Thursday, September 3 (65 days after July 1). This year, the Board of County Commissioners has scheduled its public hearings on Monday, September 9 and Monday, September 16. The School Board’s final public hearing is scheduled for Tuesday, September 3. We are recommending the first public hearings for the millage and budget be set for Wednesday September 4, 2024. We are also recommending that the second public hearings be set for Tuesday September 17, 2024. The City Commission is not required to make a decision on the final millage rate at this meeting. The final decision should be made after we thoroughly review and discuss the budget and all of its implications; however, we do have to make a decision on the interim millage rate at this meeting. [End Agenda Memo] Dorothy Abbott, Finance Director, reviewed this item. Commissioner Gillespie asked what is a rolled back rate? Ms. Abbott explained this. Deputy Mayor Gibson said our dollars next year will buy less than this year. Ms. Abbott agreed and discussed revenues and ways to save. Commissioner Thompson asked if we should ask for a higher rate and then go down. James Slaton, City Manager, said the draft budget is balanced at the rolled back rate and includes many of the Commissioners' priorities. This was discussed. Deputy Mayor Gibson asked if our reserves are in good shape. Ms. Abbott confirmed that they are. Deputy Mayor Gibson made a motion to approve the Certification of 2024 Taxable value, the proposed Interim Millage rate of 7.0462 and budget hearing dates. Commissioner Thompson seconded the motion. by voice vote: Deputy Mayor Gibson "YES" Commissioner Thompson "YES" Commissioner Gillespie "YES" Commissioner Williams "YES" Mayor Hilligoss "YES" Motion passed 5-0. 9.II. Ordinance 2024-17 Petition To Amend The Ridgecrest Community Development District (CDD) – 1st Reading And Public Hearing [Begin Agenda Memo] Motion passed 5-0. 9.II. Ordinance 2024-17 Petition To Amend The Ridgecrest Community Development District (CDD) – 1st Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Ordinance 2024-17 proposes the establishment of the Ridgecrest Community Development District (hereinafter referred to as the “CDD”), as petitioned by Ridgecrest of Lake Wales, LLC. RECOMMENDATION Staff recommends approval at first reading, and adoption after second reading of Ordinance 2024-17 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 Ridgecrest is a 312.7-acre unimproved site south of Russell Avenue, west of 1st Street South, north of Hunt Brothers Road, and east of US Highway 27. The property has development approval from the City for a 1,020-unit single-family Planned Development Project (PDP). The development is currently in Site Development Permit review. The applicant originally petitioned for the establishment of a CDD in 2022 and was scheduled for hearings; however, the project was then temporarily put on hold by the applicant. In May of 2024, the applicant re-submitted the petition to establish the CDD as an “Amended and Restated Petition”. The boundary of the District is the same; changes to the original petition include the cost estimate, the construction timeline, and the name of the land owner. Staff reviewed the 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 proposed Infrastructure Plan is listed below: District Infrastructure Construction Ownership Capital Financing Operation and Maintenance Offsite Improvements CDD FDOT & City (Roadways) City (Utilities) District Bonds FDOT & City (Roadways) City (Utilities) Stormwater Facilities CDD CDD District Bonds CDD Water, Sewer, Lift Stations CDD City District Bonds City Street Lighting / Conduit CDD CDD & Duke Energy District Bonds CDD & Duke Energy Roadways & Parking Areas CDD CDD District Bonds CDD Entry Feature & Signage CDD CDD District Bonds CDD Parks & Recreational Facilities CDD CDD District Bonds CDD OTHER OPTIONS Decline request to establish Ridgecrest CDD. FISCAL IMPACT Once the roads, water, and wastewater improvements are constructed at the Parks & Recreational Facilities CDD CDD District Bonds CDD OTHER OPTIONS Decline request to establish Ridgecrest CDD. FISCAL IMPACT Once the roads, 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 $10,404,000. Based on an average monthly utility bill of $70.00 per single-family home within city limits, the City may collect over $856,000 in utility bill fees annually within the Ridgecrest development. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-17 by title only. ORDINANCE 2024-17 AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA ESTABLISHING THE RIDGECREST COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES (2023); PROVIDING A TITLE; PROVIDING FINDINGS; CREATING AND NAMING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; DESCRIBING THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING FIVE PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR LIBERAL CONSTRUCTION; AND PROVIDING AN EFFECTIVE DATE. OPENED PUBLIC HEARING Catherine Price, resident, expressed concern about CDDS and asked how the City is protects itself if it goes belly up. CLOSED PUBLIC HEARING Commissioner Gillespie asked if this was necessary. CDDs can be complicated. James Slaton, City Manager, said this is up to the developer. Roy Van Wyk, attorney from Kilinski Van Wyk, representing the developer, said that during the last economic downturn the bond holders stepped up to be sure the projects are completed. He explained CDDs offer several advantages. By utilizing upfront financing through special districts, developers can expedite the construction of amenities like parks and recreational centers. This approach often results in cost savings due to the ability to secure lower interest rates through municipal bonds compared to traditional construction loans. Furthermore, CDDs establish a long-term maintenance structure, ensuring the ongoing upkeep of community amenities. Property owners within the district contribute to these maintenance costs through assessments, directly benefiting from the amenities they enjoy. Commissioner Gillespie inquired about the minimum number of homes required to establish a CDD. Mr. Van Wyk, representing the developer, responded that while there's no strict requirement, a community of at least 250 homes is generally considered ideal. This size allows for a balance between providing amenities and minimizing costs for residents. Wyk emphasized that CDDs empower residents to have a greater say in managing their community and its amenities. Commissioner Thompson made a motion to approve ORDINANCE 2024-17 after 1st reading and public hearing. Deputy Mayor Gibson seconded the motion. amenities and minimizing costs for residents. Wyk emphasized that CDDs empower residents to have a greater say in managing their community and its amenities. Commissioner Thompson made a motion to approve ORDINANCE 2024-17 after 1st reading and public hearing. Deputy Mayor Gibson seconded the motion. by roll call vote: Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Commissioner Gillespie "YES" Commissioner Williams "YES" Mayor Hilligoss "YES" Motion passed 5-0. 9.III. Resolution 2024-17, Landscape Maintenance Agreement With The Florida Department Of Transportation [Begin Agenda Memo] SYNOPSIS: The City Commission will consider approving Resolution 2024-17, for landscape maintenance within the right-of-way of State Road 25 (US 27) RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Adopt Resolution 2024-17, authorizing an agreement between the City of Lake Wales and the Florida Department of Transportation for landscape maintenance in State Road Right-of- Way. 2. Authorize the Mayor to execute the agreement. BACKGROUND The City of Lake Wales and the State of Florida Department of Transportation have entered into agreements to maintain rights-of-ways on portions of US27, SR60, and SF17 (alt. 27) within the jurisdiction limits of the City since the early nineties. Resolution 2024-17, authorizes the mayor to enter into an agreement for landscape maintenance within the right-of-way of State Road 25 (US27). OTHER OPTIONS The City Commission may choose not to enter into this agreement. FISCAL IMPACT The annual maintenance cost is unknown at this time, staff anticipates cost to be minimal. [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2024-17 by title only. RESOLUTION 2024-17 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY AN Jennifer Nanek, City Clerk, read RESOLUTION 2024-17 by title only. RESOLUTION 2024-17 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY AN AGREEMENT BETWEEN THE CITY OF LAKE WALES AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE LANDSCAPE MAINENANCE OF RIGHT OF WAY. Commissioner Thompson made a motion to adopt RESOLUTION 2024-17. Deputy Mayor Gibson seconded the motion. by roll call vote: Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Commissioner Gillespie "YES" Commissioner Williams "YES" Mayor Hilligoss "YES" Motion passed 5-0. 9.IV. Resolution 2024-16 Comments And Petitions [Begin Agenda Memo] SYNOPSIS Resolution 2024-16 Comments and Petitions amends the procedure for Comments and Petitions during Commission Meetings. RECOMMENDATION Staff has no recommendation. If the Commission is in favor of these changes, it can adopt Resolution 2024-16 Comments and Petitions BACKGROUND In February 2023 the Commission adopted Resolution 2023-04 to establish policies addressing how the Comments and Petitions portion of the Commission Meeting would be handled. At a recent meeting a recommendation was made to have two Comments and Petitions sections on the agenda. One, Comments and Petitions Agenda Items Only, is limited to agenda items on the City business portion of the agenda. This period would be for those citizens who wish to speak on items listed on the agenda. A second public comment portion would allow for citizens to discuss any topic of concern, called Public Forum. This approach is modeled after an agenda from Charlotte County. Here is the frame work proposed by Commissioner Gibson COMMENTS AND PETITIONS: 1. City Business. Opportunity for citizens toward the beginning of the meeting to assist the Commission during its deliberations with: • Comments on items appearing on the meeting’s agenda upon which the Commission is scheduled to vote; and • Suggestions for actions within the Commission’s scope of authority designed to make Lake Wales a bit better or more beautiful in the future. • Comments on items appearing on the meeting’s agenda upon which the Commission is scheduled to vote; and • Suggestions for actions within the Commission’s scope of authority designed to make Lake Wales a bit better or more beautiful in the future. 2. Public Forum. Opportunity for citizens following the commissioner’s comments section to have a turn for comments of their own on a wide range of matters, which need not be relevant to City issues. • The matters can include those of which the speaker feels the general public should be aware. For example, past comments have been about issues concerning the United Nations, sustainability, climate change, religion, diversity, socialism, and the like. 3. General Rules. • Comments are limited to 5 minutes, one appearance at the podium per item, must be respectful, directed to the Chair and not to anyone in the audience, and may not include personal attacks or campaigns for public office. • Time limitations do not apply to city officials and professionals retained by the City when commenting concerning issues within the course and scope of their duties and responsibilities. Following the work session, the Commission asked for several modifications which are in green. A 45-minute time limit is included for both Comments and Petitions Sections. The Public Forum section of Comments and Petitions will be on the agenda before Comments from the Commission and Mayor. OTHER OPTIONS Do not adopt the resolution or recommend other edits. FISCAL IMPACT none [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2024-16 by title only. RESOLUTION 2024-16 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; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC COMMENT Catherine Price, resident, spoke against this resolution. Ann Richards, resident, spoke in favor of the resolution, Glynda White, non-resident, spoke in favor of the resolution. Becky Wynkoop, resident, said this should be delayed as some parts are not clear. CLOSED PUBLIC COMMENT Deputy Mayor Gibson said this effort is meant to help address division in the community. Deputy Mayor Gibson reviewed the proposed changes to the public comment process. He expressed frustration with the current system, citing instances of disruption and tension during commission meetings. The proposed changes aim to streamline the process by establishing specific times for public comment on agenda items and general public discussion. Deputy Mayor Gibson emphasized the importance of balancing the public's right to speak with the commission's need to conduct city business efficiently. He also highlighted the legal basis for the proposed changes, citing relevant statutes. Ultimately, the goal of the proposed modifications is to create a more orderly and productive meeting environment while preserving opportunities for public input. Commissioner Gillespie said she was against the proposed changes to the public comment process. proposed changes aim to streamline the process by establishing specific times for public comment on agenda items and general public discussion. Deputy Mayor Gibson emphasized the importance of balancing the public's right to speak with the commission's need to conduct city business efficiently. He also highlighted the legal basis for the proposed changes, citing relevant statutes. Ultimately, the goal of the proposed modifications is to create a more orderly and productive meeting environment while preserving opportunities for public input. Commissioner Gillespie said she was against the proposed changes to the public comment process. She said that the changes would limit public participation and infringe upon citizens' rights to free speech. The current process has functioned effectively and that there is no evidence of significant disruptions warranting such changes. Additionally, there are concerns about the potential for abuse of power by the mayor in determining the scope of permissible comments. Commissioner Gillespie emphasized the importance of accommodating citizens with varying schedules and abilities to attend meetings. Ultimately the proposed changes do not adequately address the needs of the community and would hinder public engagement in local government. Commissioner Thompson expressed support for the proposed changes to the public comment process. He emphasized the importance of focusing on city business during commission meetings while still providing opportunities for public input. Commissioner Thompson said that the proposed changes would improve meeting efficiency and allow for more productive discussions on city matters. He also acknowledged the public's desire for increased engagement and suggested holding town hall meetings as an additional avenue for public input. Commissioner Thompson said that the Commission's role in making decisions on behalf of the community and expressed a willingness to be held accountable for those decisions. He emphasized the complexity of many issues and the need for time and careful consideration before making final determinations. Commissioner Williams expressed that he had mixed feelings about the proposed resolution. While acknowledging some positive aspects, he ultimately opposed the changes, citing concerns about potential negative consequences. He said that his previous comments were made from a place of frustration and that he believes he can make fair decisions even under pressure. However, he stated that the proposed changes are unnecessary and could potentially harm the public's ability to participate in the government process. Mayor Hilligoss expressed opposition to the proposed resolution regarding public comments. While acknowledging the intent behind the proposal to improve meeting efficiency, he was concerned that the resolution could be misinterpreted as an attempt to limit public speech. He emphasized that the goal is not to silence citizens but to create a more productive and respectful meeting environment. Mayor Hilligoss said he doubts that the proposed changes would fully address the underlying issues and raised concerns about potential unintended negative consequences. Ultimately, despite acknowledging the well-intentioned nature of the proposal, he said he will vote against it. Deputy Mayor Gibson made a motion to adopt RESOLUTION 2024-16. Commissioner Thompson seconded the motion. by roll call vote: Deputy Mayor Gibson "YES" Commissioner Thompson "YES" Commissioner Gillespie "NO" Commissioner Williams "NO" Mayor Hilligoss "NO" Motion failed 3-2. 10. CITY ATTORNEY Mayor Hilligoss "NO" Motion failed 3-2. 10. CITY ATTORNEY Albert Galloway Jr, City Attorney, said he prepared transfer of the property on Dr. Martin Luther King Jr. Boulevard that was just approved by the Commission for signature. 11. CITY MANAGER James Slaton, City Manager, said that the next meeting will be on Wednesday August 31st. 12. CITY COMMISSION COMMENTS Commissioner Gillespie thanked citizens for taking the time to come out and share their comments. Deputy Mayor Gibson said he supported Ms. Wynkoop's suggestion about the bridge. 13. MAYOR COMMENTS 14. ADJOURNMENT The meeting was adjourned at 7:43 p.m. _______________________ Mayor ATTEST: _______________________ City Clerk

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