City Commission Regular Meeting

City Commission Meeting Minutes March 4, 2025 (APPROVED) 3/4/2025 - Minutes 1. INVOCATION Rev Bolden 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 pledge of allegiance. 4. ROLL CALL Commission Members Present: Mayor Jack Hilligoss, Robin Gibson, Keith Thompson, Daniel Williams, Carol Gillespie City Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert C. Galloway, Jr., City Attorney 5. PROCLAMATIONS AND AWARDS 5.I. PROCLAMATION - American Red Cross Month Mayor Hilligoss proclaimed March as Red Cross Month. Representatives from the local chapter of the Red Cross accepted the proclamation and presented to the City records related to the former Lake Wales Chapter of the Red Cross. These records were then presented to representatives of the Lake Wales History Museum. 6. COMMENTS AND PETITIONS Frank Lumm, resident, asked that the City keep the residents informed of the East Central Polk Parkway history and progress. Becky Wynkoop, resident, spoke in favor of preserving view sheds on Scenic HWY. 7. CITY CLERK 7.I. Appointments – Board Of Adjustment And Appeals [Begin Agenda Memo] SYNOPSIS: Appointment to fill a vacancy due to resignations. 7.I. Appointments – Board Of Adjustment And Appeals [Begin Agenda Memo] SYNOPSIS: Appointment to fill a vacancy due to resignations. RECOMMENDATION Staff recommends that the Mayor and Commission to make the following appointments as deemed appropriate. 1. Appoint Alfred Cooney, Jr. to a term on the Board of Adjustment and Appeals to expire 7/1/2025 and to a new term that expires 7/1/2028. 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). Board of Zoning Adjustment and Appeals (BOA) (City Code Sec. 23-206.1) The board consists of five (5) members. Members must be residents. (3- year term) • An interview process is necessary for new applicants only. • Members are required to file an annual Form 1, Statement of Financial Interests • Current Vacancies: 3 vacancies Current Members: Brenda Jackson, resident 08/03/23 – 07/01/26, 1 Crystal Higbee, resident 07/01/23 – 07/01/26, P+1 Sue Marino, resident 07/01/19 – 07/01/25, P+3 Joseph Hall, resident 08/03/23 - 07/01/25, P+1 Patrick Corwith, resident 01/15/23 - 07/01/26, P+1 Applying for Appointment: Alfred J Cooney Jr. for a term expiring 7/1/2025 and 7/1/2028 The board and staff recommend their reappointment OPTIONS Do not appoint those that have applied. FISCAL IMPACT None. These are volunteer boards [End Agenda Memo] Al Cooney introduced himself to the commission and shared his background. Mayor Hilligoss appointed Al Cooney to a term ending 7/1/2025 and a new term ending 7/1/2028. Mayor Hilligoss made a motion to approve this appointment. Commissioner Thompson seconded the motion. by voice vote: Mayor Hilligoss "YES"  Mayor Hilligoss made a motion to approve this appointment. Commissioner Thompson seconded the motion. by voice vote: Mayor Hilligoss "YES" Commissioner Thompson "YES" Commissioner Gillespie "YES" Commissioner Williams "YES" Deputy Mayor Gibson "YES" Motion approved 5-0. 8. CONSENT AGENDA Commissioner Gillespie asked to pull item 8.IV Library Interiors of Florida, Inc., Proposal. The item was pulled. Commissioner Thompson made a motion to approve the Consent Agenda except item 8.IV. Deputy Mayor seconded the agreement. by voice vote: Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Mayor Hilligoss "YES" Motion approved 5-0. 8.I. Minutes - February 18 & 26, 2025 8.II. Appointment Of Alternate Canvassing Board Members [Begin Agenda Memo] SYNOPSIS: It is necessary for the Commission to appoint alternate members to serve on the City of Lake Wales Canvassing Board. RECOMMENDATION It is recommended that the City Commission take the following action: 1. Appoint residents Al Goldstein, Terrye Howell to serve as alternate members to the Lake Wales Canvassing Board. 2. Designate the City Clerk and/or Deputy City Clerk to represent the Canvassing Board at the Pre-election Logic and Accuracy Testing of Tabulating Equipment (L&A) on Tuesday, March 25, 2025 at 11:30 a.m. The City Clerk is required to attend the L&A Testing but if unavailable it is necessary to authorize a person to attend on behalf of the City Clerk if a Canvassing board  2. Designate the City Clerk and/or Deputy City Clerk to represent the Canvassing Board at the Pre-election Logic and Accuracy Testing of Tabulating Equipment (L&A) on Tuesday, March 25, 2025 at 11:30 a.m. The City Clerk is required to attend the L&A Testing but if unavailable it is necessary to authorize a person to attend on behalf of the City Clerk if a Canvassing board member is unavailable to attend the L&A Testing. BACKGROUND The City Commission serves as the Canvassing Board and has legal responsibilities related to the conduct of the Municipal Election. However, there are legal rules that apply. No member can serve if they are a candidate with opposition in the election being canvassed or is actively participating in the campaign or the candidacy of any candidate who has opposition in the election being canvassed. Actively participating means undertaking an intentional effort to demonstrate or generate public support for a candidate beyond merely making a campaign contribution. Refer to DE 8-10; 09-07. There is one seat up for election and one of the Commission members is running in the election so that member does not qualify to serve on the Canvassing Board. Three members are necessary for a quorum. Even with four members it is still necessary for the Commission to appoint alternate members to serve on the Canvassing Board if a lack of a quorum is created on the Canvassing Board due to the legal rules that applies or any other unavoidable cause. In accordance with Sec. 8-26, Lake Wales Code of Ordinances, the City Commission may appoint the city manager, city attorney, or a resident/s to serve as a member to the Canvassing Board in the absence of the Commission member creating the lack of quorum. Al Goldstein and Terrye Howell have served as canvassing board members previously. The City Clerk recommends their appointment. Per Florida Statute, Canvassing Board members are required to attend the following meetings. Pre-election Logic and Accuracy Testing of Tabulating Equipment (L&A) Tuesday, March 25, 2025; 11:30 a.m. Elections Operations Center, 70 Florida Citrus Blvd. Winter Haven, FL 33880 (behind the Auburndale Speedway). -At least 1 member of the Canvassing Board or representative must attend the L&A Testing. Election Night Canvassing of Ballots Tuesday, April 1, 2025, time to be scheduled by SOE (5:00 p.m.) Elections Operations Center, 70 Florida Citrus Blvd. Winter Haven, FL 33880 -A quorum must be present and must remain until all ballots are tabulated. Certification of Election City of Lake Wales Municipal Administration Building Thursday, April 3, 2025; 5:00 p.m. -A Quorum must be present. Post-Election Manual Audit Tuesday April 8, 2025, 10:00 a.m. Elections Operations Center, 70 Florida Citrus Blvd. Winter Haven, FL 33880 -A quorum must be present. [End Agenda Memo] 8.III. Special Event Permit: Park Avenue Grand Opening, March 7, 2025 [Begin Agenda Memo]  [End Agenda Memo] 8.III. Special Event Permit: Park Avenue Grand Opening, March 7, 2025 [Begin Agenda Memo] SYNOPSIS This is a request by Main Street to have a special event called Market Plaza and Park Avenue Ribbon Cutting Ceremony on Friday, March 7, 2025 from 5:30 p.m. – 8:00 p.m. The event will include a road closure and alcohol. RECOMMENDATION Staff recommends 1. That the City Commission approve the permit request to allow Main Street to host a ribbon cutting event in the downtown on Park Avenue to include closing Park Avenue between Scenic HWY and First Street and the serving of alcohol on Friday March 7, 2025 from 5:30 p.m. – 8:00 p.m. BACKGROUND Lake Wales Main Street is planning to host a ribbon cutting and grand opening event on Friday March 7, 2025 from 5:30 p.m. – 8:00 p.m. This event will close Park Avenue between Scenic HWY and First St at 2:00 p.m. Alcohol will be served. Police officers will be present for the event. OTHER OPTIONS Do not approve the Special Event Permit. FISCAL IMPACT None. Lake Wales Main Street will cover the cost of off-duty officer [End Agenda Memo] 8.IV. Library Interiors Of Florida, Inc. Proposal [Begin Agenda memo] SYNOPSIS: The City Commission will consider entering into an agreement with the State Contract Vendor, Library Interiors of Florida, Inc. for Adult collection and shelving reconfiguration due to the Library Redesign. RECOMMENDATION It is recommended that the City Commission consider taking the following actions: 1. Approve entering into a piggyback agreement with Library Interiors of Florida utilizing the Orange County Public Schools Agreement. 2. Approve expending funds of $138,825.00 from the Library’s Impact fee. 3. Authorize the City Manager to execute the necessary documents on behalf of the City. BACKGROUND Expansion and renovations to the Lake Wales Public Library were completed in October 1991, with Library Interiors of Florida, Inc. being one of the vendors involved in the project. Due to significant business and residential growth within the city, the demand for extra space has never been higher than in the past couple of year. The new and improved multipurpose and Young Adult rooms will provide much-needed privacy for work and study. Our single meeting room is frequently booked, resulting in the library staff having to refuse five or more requests for it each month. With an average of 40-50 library programs per month using the meeting room, public requests are often left without a space to conduct their business. multipurpose and Young Adult rooms will provide much-needed privacy for work and study. Our single meeting room is frequently booked, resulting in the library staff having to refuse five or more requests for it each month. With an average of 40-50 library programs per month using the meeting room, public requests are often left without a space to conduct their business. Library Interiors of Florida are professionals who know the protocol of working in libraries while open for service. They have included the reuse of many of our existing shelf and furniture components in this quote. Area libraries that have successfully worked with Library Interior of Florida include Bartow Public Library, Winter Haven Public Library, Haines City Public Library, and Lakeland Public Library. The city attorney has reviewed this proposed agreement. FISCAL IMPACT The FY 2024-2025 Library Impact fee is approximately $500,000.00. [End Agenda Memo] Commissioner Gillespie raised significant concerns regarding the proposed agreement with Library Interiors of Florida, which she characterized as a "triple piggyback agreement" derived from contracts initially intended for furniture purchases for Orange County Public Schools. She argued that the agreement lacked crucial specifics, such as a clear definition of the work to be performed in Lake Wales and the corresponding payment amount, relying instead on a budget projection that was not integrated into the contract. This absence of essential details, she believed, rendered the contract potentially unenforceable and left the city vulnerable to issues regarding performance and product delivery. Additionally, she pointed out that the piggybacked agreements were fundamentally different from the construction and reconfiguration work required at the Lake Wales library. She emphasized the need for contracts to clearly identify the parties, the project, the price, and the performance standards, none of which were adequately addressed in the proposed agreement. Having consulted with the city attorney, Commissioner Gillespie expressed her strong reservations about the contract's adequacy and the city's protection in the event of problems. City Attorney Albert C. Galloway, Jr., addressed Commissioner Gillespie's concerns, stating that he had reviewed the proposed "piggyback" agreement with Library Interiors of Florida. He explained that the original contract with Orange County Public Schools explicitly allows other public agencies to purchase products and services under the same terms. He suggested that the "budget projection," which details the scope of work and cost, be attached as an exhibit to the piggyback agreement, thereby incorporating it into the contract. He also clarified that the agreement allows for legal remedies under Florida law, meaning the city can pursue any available legal action if necessary. Deputy Mayor Gibson then asked for clarification on the amount of money involved and the purpose of the expenditure. Mr. Galloway responded that the total amount is $138,825. He detailed the breakdown of the budget projection, which includes space planning and consulting ($4,750), moving collections and shelving ($64,200), and moving the books back and preparing for public access. He concluded that the intended work and costs are clearly outlined in the budget projection. Deputy Mayor Gibson inquired whether the contract was bid out and if other bidders were considered. City Attorney Galloway stated that Library Interiors of Florida is one of the few companies in Florida specializing in this type of work and that the city had worked with them previously. City Manager Slaton confirmed that Orange County had conducted a sealed bid invitation. Deputy Mayor Gibson then expressed his primary concern: ensuring the city receives fair value for its expenditure. He stated that if the administration and library staff are satisfied with the value and the work is clearly defined, he would support the agreement. However, he emphasized his reliance on their judgment and expressed concern over the lack of specific descriptions and amounts, echoing Commissioner Gillespie's observations. Commissioner Gillespie argued that a more straightforward contract, similar to others she had seen, would be preferable. She criticized the 52-page contract for including irrelevant provisions and omitting Deputy Mayor Gibson then expressed his primary concern: ensuring the city receives fair value for its expenditure. He stated that if the administration and library staff are satisfied with the value and the work is clearly defined, he would support the agreement. However, he emphasized his reliance on their judgment and expressed concern over the lack of specific descriptions and amounts, echoing Commissioner Gillespie's observations. Commissioner Gillespie argued that a more straightforward contract, similar to others she had seen, would be preferable. She criticized the 52-page contract for including irrelevant provisions and omitting essential ones. She believed that simply adding the budget projection as an exhibit would not solve the fundamental issues. She suggested starting from scratch and creating a contract tailored to the specific needs of the Lake Wales library project. She also pointed out that the "whereas" clause referenced by the city attorney primarily focused on purchasing school furniture at Orange County's prices, not the construction work necessary for the Lake Wales library, and that simply changing the name of the county does not resolve the discrepancy. Mayor Hilligoss inquired about the role of Qualis General Contractors and whether they were working under Library Interiors. Mr. Slaton said that Qualis General Contractors is a separate entity with a separate contract, obtained through a competitive bidding process, and they are responsible for the construction aspect of the library project. Commissioner Thompson confirmed that Library Interiors is solely responsible for the library services, not the construction. Mr. Slaton confirmed this. Commissioner Thompson said that there is no need to incorporate construction costs into the Library Interiors contract since they are not handling the construction. Mr. Slaton said that the two companies would be working in tandem. Mr. Slaton explained that the budget projection from Library Interiors is based on their existing contract, and the city is using a piggyback agreement, adhering to the terms and provisions within those existing contracts, statutes, ordinances, and Lake Wales regulations. Commissioner Thompson stated that any dispute with Library Interiors would be adjudicated according to state law, explaining that piggyback agreements are common practice among cities, municipalities, and counties. He suggested that if the commission wants to debate the merits of piggyback agreements, it should be placed on a future agenda. He expressed his personal opinion that he does not want to delay the library project by engaging in a detailed debate on contract law. He also reminded the commission that each member has the right to vote against the agreement. He acknowledged that the topic of piggyback agreements has come up multiple times and reiterated his willingness to debate and vote on it again, if necessary, while maintaining that they are an accepted practice. He concluded by saying he did not want to delay the library project. Mr. Slaton said that even if the city were to put the project out to bid, Library Interiors of Florida would likely be the chosen vendor due to their specialization and local presence. The only difference would be the ability to draft an original contract rather than relying on the Orange County contract terms. Commissioner Thompson asked the city attorney if drafting a new contract would provide any significant legal advantage or protection for the city. Mr. Galloway reiterated that any legal remedy would be pursued under Florida law. Deputy Mayor Gibson stated that drafting a new, localized contract carries the risk of overlooking essential details, whereas the piggyback agreement utilizes a contract that has proven effective for other parties. He emphasized the value of using "boilerplate" language that has been tested and proven, even if it is generalized. He concluded that he prefers the proven commodity and trusts the judgment of the library, staff, and city attorney. Commissioner Williams agreed, stating that the current process is working and should not be changed. Commissioner Gillespie countered that the "proven" contract contains a significant amount of irrelevant verbiage, particularly related to government contractors. She stated that she could not approve the transaction based on the presented contracts and would vote no.  Commissioner Williams agreed, stating that the current process is working and should not be changed. Commissioner Gillespie countered that the "proven" contract contains a significant amount of irrelevant verbiage, particularly related to government contractors. She stated that she could not approve the transaction based on the presented contracts and would vote no. Mayor Hilligoss made a motion to approve this item. Deputy Mayor Gibson asked to amend the motion to include the budget projection as an exhibit. Mayor Hilligoss agreed to the amendment. Deputy Mayor Gibson seconded the motion. by voice vote: Mayor Hilligoss "YES" Deputy Mayor Gibson "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Commissioner Gillespie "NO" Motion approved 4-1. 8.V. Award Of Bid To Qualis General Contractors, LLC For The Library Renovations. [Begin Agenda Memo] SYNOPSIS: Award of bid to Qualis General Contractors, LLC for the Library Renovations. STAFF RECOMMENDATION Staff recommends the City Commission take the following action: 1. Award the bid to Qualis General Contractors for the Library renovations. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf in regards to this annual contract. BACKGROUND City staff issued an Invitation to Bid (ITB) # 25-07 for Library Renovations on Tuesday, January 21, 2025. Proposals were due on Tuesday, February 18, 2025, to which six interested parties submitted sealed bids. The lowest bidder did not include substantial items (i.e. structural steel (beam, column, and steel angle); the movable partition; and carpet,). These items were detailed and scheduled within the documents. Staff is recommending the City Commission approve the award of the bid to Qualis General Contractors for the library renovations. Additionally, staff recommends the City Commission authorize the City Manager to execute the contract. FISCAL IMPACT The FY 2024-2025 Library Impact fee is approximately $500,000.00. [End Agenda Memo]  FISCAL IMPACT The FY 2024-2025 Library Impact fee is approximately $500,000.00. [End Agenda Memo] 8.VI. Leoma’s Landing Phase II Final Plat Approval [Begin Agenda Memo] SYNOPSIS: Hawk Leoma’s, LLC, owner, requests approval of the Leoma’s Landing Phase II Final Plat. RECOMMENDATION Staff recommends approval of Leoma’s Landing 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 on the north side of Chalet Suzanne Road, just north of Carlsberg Estates subdivision, and adjacent to Dinner Lake Shores subdivision on the project’s eastern boundary. Leoma’s Landing preliminary subdivision plat was originally approved by Planning and Zoning Board as early as November 22, 2005. The original PDP depicted 256 townhomes and 139 single-family homes. In 2014, a major modification to replace townhomes with 281 single family homes was approved with conditions of approval and waivers of strict compliance. The project was approved for modification again in 2021, revising phases II & III. A total of 335 homes are approved. The project entered into the Site Development process by submitting detailed engineering plans for Phase I in February of 2020. Phase I Final Plat was approved on November 1, 2022. Civil engineering for phases II and III were submitted in March of 2023. All required site improvements for Phase II have been completed. FISCAL IMPACT Approval of the final plat enables the construction of new single-family homes. [End Agenda Memo] 8.VII. Recreation Trails Program Grant – Tower Boulevard [Begin Agenda Memo] SYNOPSIS: The City applied for this grant for a trail on Tower Boulevard last year and has been awarded the grant. The grant agreement needs approval. RECOMMENDATION Staff Recommends: 1. The City Commission approve the grant agreement. 2. Authorize the City Manager to execute the grant agreement. BACKGROUND The scope for the project is to construct an approximately 2,400 ft long 12’ wide trail along Tower Boulevard, connecting Lake Wailes Trail, Rails to Trails, the future Kiwanis Park Loop Trail to Bok Tower Gardens. This project also includes benches, trash receptacles, and other amenities.  BACKGROUND The scope for the project is to construct an approximately 2,400 ft long 12’ wide trail along Tower Boulevard, connecting Lake Wailes Trail, Rails to Trails, the future Kiwanis Park Loop Trail to Bok Tower Gardens. This project also includes benches, trash receptacles, and other amenities. This application to the State of Florida, Department of Environmental Protection, Office of Greenways and Trails for eligible project costs totaling $352,595.00 for a trail on Tower Boulevard was awarded to the City of Lake Wales. FISCAL IMPACT The City’s costs towards this project would be $70,595.00 in Fiscal Year 2025’26. The grant award amount is $282.380.00. [End Agenda Memo] 8.VIII. Buckmoore Heights Developer’s Credit Agreement – Sidewalk Upsizing [Begin Agenda Memo] SYNOPSIS: The PDP Approval for Buckmoore Heights (Buckmoore) permits 100 single family units. The City has requested that the Developer upsize the required 5 foot sidewalk north of Buckmoore Road will be enhanced to 8 feet and extended 500 feet past the project boundary. RECOMMENDATION Staff recommends that the Commission: 1. Approve the Buckmoore Developers Contribution Credit Agreement. 2. Authorize the Mayor to sign the agreement BACKGROUND The developer has willingly worked with City staff and agreed to extend the sidewalk along Buck Moore Road to the north, approximately 500 feet past the project boundary, so to connect it with the existing City active Trail. The City will participate in this sidewalk extension by increasing the width of this portion of sidewalk to 8-feet-wide. This active trail, called “Rails to Trails” extends from Buck Moore Road to Scenic Highway. § 23-770. Developer contribution credit. a. The city may grant a credit against the impact fees imposed herein for: 1. The donation of land or equipment, or the construction of public facilities made pursuant to a development agreement approved in accordance with division 2 of this article. Such donation or construction shall not be site-related improvements and shall be subject to the approval of the city commission. Developer has provided an estimate for the cost difference as shown in the Agreement as Exhibit C. At time of construction, the cost will be reviewed, and a final credit will be determined, not to exceed $144,961.65. Credit will be provided as a reduction in multimodal impact fee at time of residential permit issuance. OTHER OPTIONS Not require public facilities upsizing Have city contract the work FISCAL IMPACT Developer Credit reduces multi-modal Impact fees at time home building permits are issued, not to exceed a total of $144,961.65. City will receive same cost benefit from installed upsizing. The city will collect an additional $60,572 dollars in Multi-modal Impact  OTHER OPTIONS Not require public facilities upsizing Have city contract the work FISCAL IMPACT Developer Credit reduces multi-modal Impact fees at time home building permits are issued, not to exceed a total of $144,961.65. City will receive same cost benefit from installed upsizing. The city will collect an additional $60,572 dollars in Multi-modal Impact Fees if all homes are built. [End Agenda Memo] 8.IX. Contract Award For Tree Trimming Services [Begin Agenda Memo] SYNOPSIS: The City Commission will consider awarding a contract to Crosson & Payne Tree Services, LLC. for annual tree trimming and Certified Arborist services. RECOMMENDATION It is recommended that the City Commission take the following action(s): 1. Approve the award of RFP 25-03 to Crosson & Payne Tree Services, LLC. 2. Authorize the City Manager to execute the contract on behalf of the City. BACKGROUND The City intends to contract with a tree trimming company for an initial 3-year term (with two possible 1-year renewals) to perform tree trimming and Certified Arborist service work on City property as needed. City staff advertised a Request for Proposal for Tree Trimming and Certified Arborist Services. Three (3) bids were received: Crosson & Payne Tree Services, E-Commerce, and Terra Maintenance Company. The City of Lake Wales has identified a need for a qualified vendors to furnish all labor and equipment to perform ongoing routine trimming and maintenance of trees/palms, remove trees/palms, and grind the stumps for City-owned plantings, as well as emergency call-outs. This contract will pertain to tree trimming services estimated below or equal to the CATEGORY TWO ($35,000) purchasing threshold. Services estimated above the CATEGORY TWO ($35,000) purchasing threshold shall be awarded in accordance with Section 2-418 of the City’s ordinance. OTHER OPTIONS The City Commission may direct staff to re-advertise the Invitation to Bid. FISCAL IMPACT There is no fiscal impact to award the contract. Fees will be determined per project by task order. [End Agenda Memo] 9. OLD BUSINESS 9.I. ORDINANCE 2024-43 Amending Chapter 16, Pensions And Retirement – City Of Lake Wales Municipal Firefighter’s Pension Plan And Trust – 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Ordinance 2024-43 seeks to improve the efficiency and overall administration of the Firefighters’ Pension Plan. Based on recommendations from its financial consultant, actuary and attorney. [Begin Agenda Memo] SYNOPSIS: Ordinance 2024-43 seeks to improve the efficiency and overall administration of the Firefighters’ Pension Plan. Based on recommendations from its financial consultant, actuary and attorney. RECOMMENDATION It is recommended that the City Commission adopt Ordinance 2024-43 as recommended by the Board of Trustees after Second reading and public hearing. BACKGROUND Effective on December 29, 2022 as part of the Consolidated Appropriations Act, 2023, President Biden signed the Secure 2.0 Act of 2022 (“the Act”) into law. This Act provides for an increase in ages for required minimum distributions from qualified plans. Participants in tax-qualified pension plans are not taxed on the value of their retirement benefits until they begin to receive benefits under the plan. The deferral of taxes is limited by the Required Minimum Distribution rules in Section 401(a)(9) of the Code, which require that participants begin to receive benefits (and therefore pay taxes) once they reach a certain age after retirement. For many years, retirees were required to begin receiving benefits once they had retired and reached age 70 ½. The first Secure Act, passed in 2019, raised that age to 72. Section 107 of the Secure 2.0 Act of 2022 has further extended the allowable tax deferral by again raising the age by which retired participants must begin to receive benefits. The new ages are as follows: a) For individuals who attain age 72 after December 31, 2022, and age 73 before January 1, 2033, the applicable age is 73; b) For individuals who attain age 74 after December 31, 2032, the applicable age is 75; Therefore, in order to comply with the requirements of the SECURE 2.0 Act and ensuring its tax qualification the plan recommends an amendment to the following section of the City’s governing code of ordinances: Section 16-175, “Internal Revenue Code Compliance ”, subsection b., “Required beginning date;” and subsection c., “Required minimum distributions” are being amended in accordance with recently enacted amendments to the Internal Revenue Code to satisfy the qualification requirements applicable by providing a mandatory distribution age for Plan benefits paid to its participants and beneficiaries. FISCAL IMPACT According to the Actuary (Foster & Foster) there is no cost to the City to implement the proposed amendment. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-43 by title only. ORDINANCE 2024- 43 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LAKE WALES, FLORIDA, AMENDING SECTION 16-175, CHAPTER 16, ARTICLE III, FIREFIGHTERS’ PENSION PLAN AND TRUST FUND, OF THE LAKES WALES CODE, TO PROVIDE FOR COMPLIANCE WITH  ORDINANCE 2024- 43 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LAKE WALES, FLORIDA, AMENDING SECTION 16-175, CHAPTER 16, ARTICLE III, FIREFIGHTERS’ PENSION PLAN AND TRUST FUND, OF THE LAKES WALES CODE, TO PROVIDE FOR COMPLIANCE WITH THE SECURE 2.0 ACT; PROVIDING FOR CODIFICATION; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Thompson made a motion to adopt ORDINANCE 2024-43 after 2nd reading and public hearing. Deputy Mayor Gibson seconded the motion. by roll call vote: Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Mayor Hilligoss "YES" Motion passed 5-0. 9.II. ORDINANCE 2024-44 Amending Chapter 16, Pensions And Retirement – City Of Lake Wales Municipal Police Officers’ Pension Plan And Trust – 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Ordinance 2024-44 seeks to improve the efficiency and overall administration of the Police Officers’ Pension Plan. Based on recommendations from its financial consultant, actuary and attorney. RECOMMENDATION It is recommended that the City Commission adopt Ordinance 2024-44 as recommended by the Board of Trustees after 2nd Reading and Public Hearing. BACKGROUND Effective on December 29, 2022, as part of the Consolidated Appropriations Act, 2023, President Biden signed the Secure 2.0 Act of 2022 (“the Act”) into law. This Act provides for an increase in ages for required minimum distributions from qualified plans. Participants in tax-qualified pension plans are not taxed on the value of their retirement benefits until they begin to receive benefits under the plan. The deferral of taxes is limited by the Required Minimum Distribution rules in Section 401(a)(9) of the Code, which require that participants begin to receive benefits (and therefore pay taxes) once they reach a certain age after retirement. benefits until they begin to receive benefits under the plan. The deferral of taxes is limited by the Required Minimum Distribution rules in Section 401(a)(9) of the Code, which require that participants begin to receive benefits (and therefore pay taxes) once they reach a certain age after retirement. For many years, retirees were required to begin receiving benefits once they had retired and reached age 70 ½. The first Secure Act, passed in 2019, raised that age to 72. Section 107 of the Secure 2.0 Act of 2022 has further extended the allowable tax deferral by again raising the age by which retired participants must begin to receive benefits. The new ages are as follows: a) For individuals who attain age 72 after December 31, 2022, and age 73 before January 1, 2033, the applicable age is 73; b) For individuals who attain age 74 after December 31, 2032, the applicable age is 75. Therefore, in order to comply with the requirements of the SECURE 2.0 Act and ensuring its tax qualification the plan recommends an amendment to the following section of the City’s governing code of ordinances: Section 16-251, “Internal Revenue Code Compliance ”, subsection b., “Required beginning date;” and subsection c., “Required minimum distributions” are being amended in accordance with recently enacted amendments to the Internal Revenue Code to satisfy the qualification requirements applicable by providing a mandatory distribution age for Plan benefits paid to its participants and beneficiaries. FISCAL IMPACT According to the Actuary (Foster & Foster) there is no cost to the City to implement the proposed amendment [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-44 by title only. ORDINANCE 2024-44 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LAKE WALES, FLORIDA, AMENDING SECTION 16-251, CHAPTER 16, ARTICLE IV, MUNICIPAL POLICE OFFICERS’ PENSION PLAN AND TRUST FUND, OF THE LAKES WALES CODE, TO PROVIDE FOR COMPLIANCE WITH THE SECURE 2.0 ACT; PROVIDING FOR CODIFICATION; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Thompson made a motion to adopt ORDINANCE 2024-44 after 2nd reading and public hearing. Commissioner Williams seconded the motion. by roll call vote:  Commissioner Thompson made a motion to adopt ORDINANCE 2024-44 after 2nd reading and public hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 9.III. ORDINANCE 2025-01, Amending Ordinance 2024-21, Relating To Republic Services Solid Waste Franchise Contract – 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS Amendment of Ordinance 2024-21, five-year contract for solid waste services with Republic Services of Florida, Limited Partnership modifying the frequency of bulk and yard waste pickup services. RECOMMENDATION Staff Recommends: 1) The City Commission adopt Ordinance 2025-01, amending the five-year contract with Republic Services after 2nd reading and public hearing BACKGROUND In October 2024, the City Commission approved Ordinance 2024-21, a five- year contract with Republic Services. However, there was a clerical error relating to bulk and yard waste pickup. Under the expiring solid waste contract, bulk and yard waste use to be picked up weekly, however under the new contract bulk and yard waste was negotiated to every other week pickup. This change was done in order to try to keep the solid waste costs down for the citizens. Due to a clerical error, the wording within the contract was not changed from weekly to every other week, Section 1(a) bulk pickup and Section 2(a) yard waste pickup. Within the amended contract, Section 17-54 provides two difference options for frequency of service relating to bulk and yard waste pickup: Schedule A – Once a week pickup of bulk and yard waste ($27.58) and, Schedule B – Every other week pickup of bulk and yard waste ($25.51). The price difference between Schedules a ($27.58) compared to Schedule B ($25.51) is $2.07 per month ($24.84 annual difference). OTHER OPTIONS The City Commission could select Schedule A – Once a week pickup of bulk and yard waste ($27.58). FISCAL IMPACT Should the City Commission selection Schedule A, once a week bulk and yard waste pickup, customers would have an additional increase in their solid waste monthly  OTHER OPTIONS The City Commission could select Schedule A – Once a week pickup of bulk and yard waste ($27.58). FISCAL IMPACT Should the City Commission selection Schedule A, once a week bulk and yard waste pickup, customers would have an additional increase in their solid waste monthly fee of $2.07. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2025-01 by title only. ORDINANCE 2025-01 AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA; AMENDING THE CODE OF ORDINANCES OF THE CITY OF LAKE WALES, FLORIDA (“CITY CODE”); AMENDING CHAPTER 17, CITY CODE; GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION, RECYCLING AND DISPOSAL SERVICES WITHIN THE CITY; PROVIDING FINDINGS, DEFINITIONS, TERMS AND CONDITIONS TO THE GRANT OF THE FRANCHISE; SETTING RATES; REPEALING ORDINANCES 2011-09, 2018-02 AND 2024-21; PROVIDING FOR A BUSINESS IMPACT ESTIMATE, SEVERABILITY, AND AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Williams made a motion to adopt ORDINANCE 2025-01 after 2nd reading and public hearing. Commissioner Thompson seconded the motion. by roll call vote: Commissioner Williams "YES" Commissioner Thompson "YES" Commissioner Gillespie "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 10. NEW BUSINESS 10.I. RESOLUTION 2025-02, Railroad Reimbursement Agreement Grade Crossing Traffic Control Devices With The Florida Department Of Transportation And Florida Midland Railroad. [Begin Agenda Memo] Synopsis: The City Commission will consider adopting Resolution 2025-02, an agreement with FDOT and Florida Midland Railroad to upgrade the E. Johnson Avenue railroad crossing. RECOMMENDATION Synopsis: The City Commission will consider adopting Resolution 2025-02, an agreement with FDOT and Florida Midland Railroad to upgrade the E. Johnson Avenue railroad crossing. RECOMMENDATION 1. Adopt Resolution 2025-02, authorizing an agreement between the City of Lake Wales and the Florida Department of Transportation and Florida Midland Railroad for the Railroad Reimbursement Grade Crossing Traffic Control Devices upgrade for the E. Johnson Avenue railroad crossing. 2. Authorize the Mayor to execute the agreement. BACKGROUND The Florida Department of Transportation notified the city that they would be upgrading the railroad crossing at E. Johnson Avenue to a Class III railroad crossing. The upgrade will include new flasher and gate-type signals equipped with LED lights and pole- mounted bells, wired shelter, and all required and miscellaneous materials to complete the new signal system. The cost of $150,749 for the upgrade will be borne by FDOT. After the upgrade, the city's annual maintenance responsibility will remain the same for this location. Resolution 2025-02 authorizes the mayor to execute the agreement on behalf of the city. FISCAL IMPACT The is no increase or change for fiscal year 25/26 budget. [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2025-02 by title only. RESOLUTION 2025-02 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 AND FLORIDA MIDLAND RAILROAD FOR RAILROAD REIMBURSEMENT AND FOR THE INSTALLATION AND MAINTENANCE OF CERTAIN GRADE CROSSING TRAFFIC CONTROL DEVICES ON E. JOHNSON AVENUE, FINANCIAL PROJECT NUMBER: 451355-1-57- 01, CROSSING NUMBER: 625483M Commissioner Thompson made a motion to adopt RESOLUTION 2025-02. Commissioner Williams seconded the motion. by roll call vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES"  Commissioner Gillespie "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 11. CITY ATTORNEY 12. CITY MANAGER James Slaton, City Manager, said that Mardi Gras did well and the businesses on Park Avenue did well. The Park Avenue ribbon cutting is Friday at 5:30 p.m. We have a bit of a lull before the next project but it is coming. The roads in the cemetery have been resurfaced. That was a big deal as this has needed to be done for a long time. 12.I. Commission Meeting Calendar 13. CITY COMMISSION COMMENTS Commissioner Gillespie expressed her appreciation for the successful Mardi Gras parade, highlighting its effectiveness in drawing a large crowd downtown and providing entertainment. She thanked the city for allowing her to participate on their float. She also supported the suggestion made by Frank Lumm to provide regular updates on our website on the parkway project, emphasizing the need for greater transparency and public information regarding its progress. Furthermore, she acknowledged the concerns raised about misinformation being spread by a dark money PAC during the current election, expressing her disapproval but recognizing the commission's limited ability to address the issue. Commissioner Williams inquired about the possibility of updating the city's website with information regarding the Department of Transportation's (FDOT) activities. James Slaton, City Manager, responded that the city has a "news flash" section on its website where they can post updates. He clarified that there are currently no updates from FDOT, but they will post any relevant information when it becomes available. Commissioner Williams mentioned his positive experience at the Mardi Gras event, noting its success and that he sold all of his food. Commissioner Thompson expressed gratitude to the mayor, the American Red Cross, and the Lake Wales History Museum for their collaboration and services. He highlighted the alarming statistic of a fire response every seven seconds and acknowledged the importance of the Red Cross's work. He then commented on the Mardi Gras parade, noting its significant traffic impact and the positive economic boost it provided to downtown businesses. He expressed excitement for the upcoming ribbon- cutting ceremony for the downtown project, anticipating a sense of relief and celebration. He praised the project's stunning beauty, comparing his reaction to seeing it to his awe when visiting Bok Tower. He commended all those involved and expressed anticipation for the Friday celebration. Deputy Mayor Gibson expressed dissatisfaction with the Road Department's approach to presenting road route options. He criticized their method as being similar to a "loaded question," implying that they had predetermined the zone and limited the choices within it, effectively eliminating other possibilities. He stated that he has an alternative proposal and requested that it be included on the city's website alongside the Road Department's options. He then praised the Mardi Gras event, highlighting its success and the positive atmosphere. He specifically commended the organizers and city staff for their efforts in cleaning up Lake Wailes Park after the event, noting that it was "immaculate." He emphasized that the event had become a family-friendly occasion, distinct from other Mardi Gras celebrations, and that there were no reported incidents requiring police intervention. He concluded by stating that it was a "wonderful event" for the community.  He then praised the Mardi Gras event, highlighting its success and the positive atmosphere. He specifically commended the organizers and city staff for their efforts in cleaning up Lake Wailes Park after the event, noting that it was "immaculate." He emphasized that the event had become a family-friendly occasion, distinct from other Mardi Gras celebrations, and that there were no reported incidents requiring police intervention. He concluded by stating that it was a "wonderful event" for the community. Commissioner Williams shared that while working at his food truck during the Mardi Gras event, he was impressed by the large number of city staff present and their efficient, organized work. He specifically noted their diverse tasks, from moving dirt to other functions, and expressed his intention to commend the city manager for the staff's performance. Mr. Slaton thanked the Commissioner for his comments and also commended public works staff for their hard work behind the scenes. 14. MAYOR COMMENTS Mayor Hilligoss shared a personal anecdote about showing his visiting family around Lake Wales Park and downtown. He expressed pride in the city's improvements and looked forward to sharing them with the community at the upcoming Friday evening event. 15. ADJOURNMENT The meeting was adjourned 7:05 p.m. _______________________ Mayor ATTEST: _______________________ City Clerk