City Commission Regular Meeting

City Commission Meeting Minutes March 18, 2025 (APPROVED) 3/18/2025 - Minutes 1. INVOCATION Rev 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 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. COMMENTS AND PETITIONS Charlene Bennett, resident, spoke on the Mayor's record ahead of the election. Juanita Zwaryczuk, resident, spoke on mailers sent in the election. Becky Wynkoop, resident, spoke on mailers sent in the election, traffic concerns in her neighborhood. Kajor Lawson, resident, spoke against a tree on the City right-of-way near his house that are costing money. 6. CONSENT AGENDA Deputy Mayor Gibson made a motion to approve the Consent Agenda. Commissioner Williams seconded the motion. by voice vote: Deputy Mayor Gibson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES"  Deputy Mayor Gibson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Commissioner Thompson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 6.I. Minutes - March 4 & 12, 2025 6.II. Rescheduling First City Commission Meeting In April [Begin Agenda Memo] SYNOPSIS: It is necessary for the City Commission to reschedule its first meeting in April due to the April 1, 2025 Municipal Election RECOMMENDATION It is recommended that the City Commission take the following action: 1. Reschedule the first City Commission meeting in April from 6:00 p.m., Tuesday, April 1, 2025 to 6:00 p.m., Wednesday, April 2, 2025 due to the April 1, 2025 Municipal Election. BACKGROUND Pursuant to authority provided by F.S. § 100.3605, the City adopted the first Tuesday in April as the date for all regular city elections to fill the office of city commissioner. The City’s election this year is on Tuesday, April 1, 2025, which is the same day as the first regular scheduled Commission meeting in April. It is necessary for the Commission to reschedule its first Commission meeting in April from 6:00 p.m., Tuesday, April 1, 2025 to 6:00 p.m., Wednesday, April 2, 2025. OTHER OPTIONS The Commission could choose another date. FISCAL IMPACT There is no fiscal Impact [End Agenda Memo] 6.III. Community Firework Display – 4th Of July [Begin Agenda Memo] SYNOPSIS: The City Commission will approve the expenditure of fund for fireworks for the 4th of July Community Celebration. RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve the expenditure of $35,800 for the firework display. 2. Authorize the City Manager to execute any documents on behalf of the City. BACKGROUND On June 20, 2023 the City Commission approved to piggyback an agreement with Pyrotechnico for community firework displays. Pyrotechnico has performed the fireworks display for the past three years and staff has received multiple positive comments from of the community regarding their work. The annual 4th of July community event will take place on the shores of Lake Wailes on Thursday, July 4, 2024. In keeping with tradition staff recommends the approval of $35,800 for the firework display.  with Pyrotechnico for community firework displays. Pyrotechnico has performed the fireworks display for the past three years and staff has received multiple positive comments from of the community regarding their work. The annual 4th of July community event will take place on the shores of Lake Wailes on Thursday, July 4, 2024. In keeping with tradition staff recommends the approval of $35,800 for the firework display. OTHER OPTIONS The Commission can choose not to approve the expenditure of $35,800 for firework display. FISCAL IMPACT $35,000 was approved by the City Commission for FY’23-24. The cost for a 20 to 22-minute show with a 2-minute grand finale is $35,800 [End Agenda Memo] 6.IV. Contract Agreement With Lake Wales Way For Airfield Security Fencing And Access [Begin Agenda Memo] SYNOPSIS: The City Commission will consider authorizing a contract agreement with Lake Wales Way for the Airfield Security Fencing and Access project at the Lake Wales Municipal Airport. RECOMMENDATION It is recommended that the City Commission take the following action(s): 1. Authorize a contract agreement with Lake Wales Way for the Airfield Security Fencing and Access. The contract amount is $61,000, which will be fully funded by the FDOT. BACKGROUND The Florida Department of Transportation (FDOT) has awarded a 100% grant in the amount of $80,000 to the Lake Wales Municipal Airport for security upgrades. This amount will be used to cover the $61,000 contract with Lake Wales Way. This project will replace an existing manual gate with an electronic security gate. It will also extend the security fence from the fuel farm east to the end of runway 24. The bid award was approved by Commission on 9/3/2024. The original bid from Lake Wales Way was $106,382.38. Since all bids went well beyond the budgeted amount, we asked that they value engineer/scale down the project. The scaled down amount is $61,000. There were two other bids for this project: JCR Construction- $128,909.74 Semco Construction- $138,084.94 OTHER OPTIONS The City Commission may decline the contract agreement with Lake Wales Way. FISCAL IMPACT This project is fully funded by the Florida Department of Transportation (FDOT). [End Agenda Memo] 6.V. Fire Assessment Apportionment Methodology Update Contract [Begin Agenda Memo] SYNOPSIS Professional service contract, with Accenture Infrastructure and Capital Projects, LLC, to provide assistance to the City in updating the City’s fire assessment apportionment methodology. RECOMMENDATION Staff Recommends:  LLC, to provide assistance to the City in updating the City’s fire assessment apportionment methodology. RECOMMENDATION Staff Recommends: 1) The City Commission approves the professional service contract in the amount of $24,500. 2) The City Commission authorized the City Manager to sign the contract with Accenture Infrastructure and Capital Projects, LLC for assistance with the fire assessment apportionment methodology update for fiscal year 2025-26. BACKGROUND An apportionment methodology review, relating to the Fire Assessment, was last done in May of 2016. Staff recommends that a new apportionment review be completed because it has been over nine years since the last review, the fire department has experienced growth within the department, there has been growth within the service area, and inflation has caused unexpected cost increases. Staff recommends Accenture Infrastructure and Capital Projects, LLC for providing professional services relating to the apportionment methodology update. OTHER OPTIONS N/A FISCAL IMPACT Professional service contract $24,500 [End Agenda Memo] 7. OLD BUSINESS 8. NEW BUSINESS 8.I. ORDINANCE 2025-02 Chapter 21, Division 3 Industrial Pretreatment-First Reading [Begin Agenda Memo] SYNOPSIS: Staff proposes an amendment to Chapter 21, Division 3 Industrial Pretreatment that is intended to satisfy the Florida Department of Environmental Protection Permit Renewal requirement related to industrial pretreatment. STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Approve Ordinance 2025-02 Chapter 21 amending Division 3 Industrial Pre-Treatment sections 21-57 to 21-70 after 1st reading. BACKGROUND Domestic wastewater, commonly referred to as sanitary wastewater or sewage, is wastewater derived principally from dwellings, business buildings, institutions, and the like. In an effort to protect both surface and ground waters, the Florida Department of Environmental Protection (“FDEP”) requires that discharges of both domestic and industrial wastewater be permitted and monitored. Any wastewater facility proposing to discharge wastewater to surface or ground waters or into the distribution system for irrigation, must demonstrate to the FDEP that all required minimum levels of treatment will be provided and that all water quality standards will be met. If this demonstration is made, FDEP will issue a permit to the wastewater facility, which will include conditions for monitoring the discharge, as well as conditions for reporting the monitoring results (Discharge Monitoring Reports). FDEP  wastewater to surface or ground waters or into the distribution system for irrigation, must demonstrate to the FDEP that all required minimum levels of treatment will be provided and that all water quality standards will be met. If this demonstration is made, FDEP will issue a permit to the wastewater facility, which will include conditions for monitoring the discharge, as well as conditions for reporting the monitoring results (Discharge Monitoring Reports). FDEP approved the permit renewal on August 29, 2022, however, one of the conditions of approval was that the City of Lake Wales implement a Code of Ordinance for Industrial Pretreatment. Ordinance 2022-49 established the current pretreatment ordinance. Once FDEP reviewed the submitted document, further conditions were required. Updating Division 3 Industrial Pretreatment of the City’s code of ordinance will add additional stipulations and will satisfy additional requirements pertaining to the wastewater operating permit. Staff recommends the commission approve Ordinance 2025-02, an ordinance of the City of Lake Wales, Polk County, Florida, amending Lake Wales’ code of ordinances Chapter 21 Utilities, Division 3 Section 21-57 to Section 21-70 providing for severability; providing for an effective date. This approval allows for the City to maintain compliance with FDEP for the Wastewater Use Permit. OTHER OPTION None. FDEP requires the implementation of a Code of Ordinance to be in compliance with the Wastewater Use Permit requirements. FISCAL IMPACT No fiscal impact. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2025-02 by title only. ORDINANCE 2025-02 AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, AMENDING LAKE WALES CODE OF ORDINANCES CHAPTER 21 UTILITIES, DIVISION 3 INDUSTRIAL PRETREATMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Commissioner Williams made a motion to approve ORDINANCE 2025-02 after First Reading. Commissioner Gibson seconded the motion. by roll call vote: Commissioner Williams "YES" Deputy Mayor Gibson "YES" Commissioner Gillespie "YES" Commissioner Thompson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 8.II. RESOLUTION 2025-03, Amendment To Public Transportation Grant Agreement G2Y22 [Begin Agenda Memo]  Mayor Hilligoss "YES" Motion passed 5-0. 8.II. RESOLUTION 2025-03, Amendment To Public Transportation Grant Agreement G2Y22 [Begin Agenda Memo] SYNOPSIS: The City Commission will consider adopting Resolution 2025-03, authorizing an amendment to the agreement with the Florida Department of Transportation (FDOT) to provide additional funding for Lake Wales Airport Apron Reconstruction. RECOMMENDATION 1. Adopt Resolution 2025-03, authorizing the amendment of Public Transportation Grant Agreement G2Y22 by the Mayor with the Florida Department of Transportation (FDOT) for additional funding in the amount of $49,665, bringing the revised total cost of the project to $74,665. BACKGROUND The Florida Department of Transportation (FDOT) has awarded a 100% grant to rehabilitate the apron that is connected to the t-hangar taxilane on the north side of the airfield. This additional amount is also funded at 100%. OTHER OPTIONS This project is 100% funded by FDOT. FISCAL IMPACT This project is fully funded by the Florida Department of Transportation (FDOT) [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2025-03 by title only. RESOLUTION 2025-03 A RESOLUTION OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA AUTHORIZING THE AMENDMENT OF A PUBLIC TRANSPORTATION GRANT AGREEMENT FOR ADDITIONAL FUNDING FOR ITEM-SEGMENT-PHASESEQUENCE NUMBER (FINANCIAL PROJECT NUMBER): 454717-1-94-01 (LAKE WALES AIRPORT APRON RECONSTRUCTION) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ALLOW THEIR PARTICIPATION IN AN AVIATION PROJECT AT THE LAKE WALES MUNICIPAL AIRPORT. Deputy Mayor Gibson made a motion to adopt RESOLUTION 2025-03. Commissioner Williams seconded the motion. by roll call vote: Deputy Mayor Gibson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Commissioner Thompson "YES"  Commissioner Williams "YES" Commissioner Gillespie "YES" Commissioner Thompson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 8.III. RESOLUTION 2025-04, Amendment # 3 To Public Transportation Grant Agreement G2K90 [Begin Agenda Memo] SYNOPSIS: The City Commission will consider adopting Resolution 2025-04, authorizing an amendment to the agreement with the Florida Department of Transportation (FDOT) to provide additional funding for T-Hangar Taxilane and Taxilane Bravo Rehabilitation (Construction). RECOMMENDATION 1. Adopt Resolution 2025-04, authorizing the amendment of Public Transportation Grant Agreement G2K90 by the Mayor with the Florida Department of Transportation (FDOT) for additional funding in the amount of $12,224 and to extend the contract end date to 6/30/2026. BACKGROUND The Florida Department of Transportation (FDOT) has awarded a 10% match to direct Federal funding from the FAA (Federal Aviation Administration) to construct the rehabilitation of T-hangar taxilane and taxilane bravo at the Lake Wales Municipal Airport. This area connects Taxiway Bravo to the existing t-hangars and it is in desperate need of rehabilitation. This amendment is to increase the total cost to $96,710 which shall not exceed 10% of the total project cost of $967,100 OTHER OPTIONS This project is a 10% match by the Florida Department of Transportation (FDOT). The other 90% will be funded by the Federal Aviation Administration (FAA). FISCAL IMPACT This project is fully funded by the Florida Department of Transportation (FDOT) and the Federal Aviation Administration (FAA). [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2025-04 by title only. RESOLUTION 2025-04 A RESOLUTION OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA AUTHORIZING THE AMENDMENT OF A PUBLIC TRANSPORTATION GRANT AGREEMENT FOR ADDITIONAL FUNDING FOR ITEM-SEGMENT-PHASESEQUENCE NUMBER (FINANCIAL PROJECT NUMBER): 452720-1-94-01 (LAKE WALES AIRPORT TAXILANE B & T-HANGAR TAXILANE REHABILITATION) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ALLOW THEIR PARTICIPATION IN AN AVIATION PROJECT AT THE LAKE WALES MUNICIPAL AIRPORT. Deputy Mayor Gibson made a motion to adopt RESOLUTION 2025-04. Commissioner Williams seconded the motion.  TO ALLOW THEIR PARTICIPATION IN AN AVIATION PROJECT AT THE LAKE WALES MUNICIPAL AIRPORT. Deputy Mayor Gibson made a motion to adopt RESOLUTION 2025-04. Commissioner Williams seconded the motion. by roll call vote: Deputy Mayor Gibson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Commissioner Thompson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 8.IV. RESOLUTION 2025-05, Amendment To Public Transportation Grant Agreement G2W57 [Begin Agenda Memo] SYNOPSIS: The City Commission will consider adopting Resolution 2025-05, authorizing an amendment to the agreement with the Florida Department of Transportation (FDOT) to provide additional funding for Lake Wales Airport Lighting, Signage, and Marking. RECOMMENDATION 1. Adopt Resolution 2025-05, authorizing the amendment of Public Transportation Grant Agreement G2W57 by the Mayor with the Florida Department of Transportation (FDOT) for additional funding in the amount of $162,000 BACKGROUND The Florida Department of Transportation (FDOT) has awarded a 10% match to direct Federal funding from the FAA (Federal Aviation Administration) to design the Runway 6/24 MIRLs and Signage project at the Lake Wales Municipal Airport. This project is to maintain a safe condition on the airfield the lights will be rehabilitated to include new base cans, LED light fixtures and transformers. The circuit will also be replaced in its entirety from the airfield to the vault. Signage will be updated to LED signs and to reflect the correct taxiway nomenclature per the Advisory Circular. The runway will also be remarked as part of this project per FAA standards. This additional funding from FDOT is to provide funding for the remarking of the runway. This funding was not included in the FAA’s appropriation, so the FDOT will be funding this portion at 100%. OTHER OPTIONS This project is 10% funded by FDOT and 90% funded by FAA, with the exception of this portion that is funded by FDOT at 100%. FISCAL IMPACT This project is fully funded by the Florida Department of Transportation (FDOT) and Federal Aviation Administration (FAA) [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2025-05 by title only.  FISCAL IMPACT This project is fully funded by the Florida Department of Transportation (FDOT) and Federal Aviation Administration (FAA) [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2025-05 by title only. RESOLUTION 2025-05 A RESOLUTION OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA AUTHORIZING THE AMENDMENT OF A PUBLIC TRANSPORTATION GRANT AGREEMENT FOR ADDITIONAL FUNDING FOR ITEM-SEGMENT-PHASESEQUENCE NUMBER (FINANCIAL PROJECT NUMBER): 454617-1-94-01 (LAKE WALES AIRPORT LIGHTING, SIGNAGE, AND MARKING) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ALLOW THEIR PARTICIPATION IN AN AVIATION PROJECT AT THE LAKE WALES MUNICIPAL AIRPORT. Commissioner Williams made a motion to adopt RESOLUTION 2025-05. Deputy Mayor Gibson seconded the motion. by roll call vote: Commissioner Williams "YES" Deputy Mayor Gibson "YES" Commissioner Gillespie "YES" Commissioner Thompson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 9. CITY ATTORNEY Albert C. Galloway, Jr., City Attorney, announced that the Code Enforcement have ordered 2 foreclosures that are now in process and will soon be turned over to the CRA. 10. CITY MANAGER James Slaton, City Manager, reported that replacement of the gym floor is underway and is expected to be completed ahead of schedule. Mr. Slaton announced the upcoming opening of a new restaurant, "Smoking D’s Barbecue," located on 1st Street adjacent to the Thirsty Dragon. The public is invited to attend their ribbon-cutting ceremony scheduled for 10:00 a.m. this coming Saturday. Additionally, Mr. Slaton informed the commission that the Polk Arts Alliance has highlighted the recent developments in the downtown square within their recent publication and that copies of the magazine are available for their review. 10.I. Commission Meeting Calendar 11. CITY COMMISSION COMMENTS Commissioner Gillespie, as the commission's delegate to the League of Cities, reported on their recent meeting. She emphasized the importance of cities actively engaging with state representatives to protect local interests, particularly concerning potential adverse impacts from state legislation. She highlighted concerns about the state's possible actions regarding CRAs and the "live local" statute, urging the city to 11. CITY COMMISSION COMMENTS Commissioner Gillespie, as the commission's delegate to the League of Cities, reported on their recent meeting. She emphasized the importance of cities actively engaging with state representatives to protect local interests, particularly concerning potential adverse impacts from state legislation. She highlighted concerns about the state's possible actions regarding CRAs and the "live local" statute, urging the city to advocate for its self-governance. She then expressed strong disapproval of the rising costs of local political campaigns, particularly the significant financial advantage held by the incumbent mayor. She criticized the mass mailings funded by "dark money," arguing that they undermine local politics and create an uneven playing field for grassroots candidates. Gillespie announced an upcoming candidate’s forum hosted by the AAUW, expressing disappointment that only Curtis Gibson had confirmed attendance. She stressed the importance of local forums for direct resident engagement. Finally, she mentioned the mayor's non-political speech at a Lake Ashton event, which was well-received. She also announced an upcoming informal "meet and greet" at Lake Ashton, where residents can ask questions of the candidates, and she expressed her desire for both candidates to attend. She contrasted these local, direct engagement events with the large-scale, heavily funded campaigns, emphasizing the value of local political discourse. Commissioner Williams addressed a citizen's concern regarding a tree in their yard, stating that he had forwarded the information to the city manager for investigation. He apologized for his delayed response, attributing it to illness, and assured the citizen that they would receive an update shortly. Commissioner Williams then defended Mayor Hilligoss against earlier criticisms. He refuted the notion that the mayor frequently discusses church or God, asserting that these topics are typically raised by others. He strongly condemned unfair attacks on the Mayor, whom he described as a man of exceptional character and morality. Regarding the controversial campaign materials, he stated that he had spoken directly with both Curtis Gibson and the Mayor, and he firmly believed Mayor Hilligoss's assertion of non-involvement. He expressed frustration with the overall negative tone of the discussions. He said that despite this he was confident in the city's progress and is optimistic for the City’s future. Commissioner Thompson, participating remotely, expressed gratitude to the IT staff for enabling his attendance. He emphasized the importance of actively engaging with state representatives in Tallahassee to oppose legislation that encroaches on local control, clarifying that the state is actively seeking to acquire power, not merely taking what is available. He urged all Lake Wales citizens to contact their representatives to voice their concerns. Additionally, he encouraged residents to participate in the upcoming city elections, emphasizing the importance of voter turnout in shaping the city's future and upholding the democratic process. Deputy Mayor Gibson said he strongly advocates for the continuation of the Community Redevelopment Agency (CRA), emphasizing its critical role in the city's development. He highlighted the successful implementation of the CRA and cited the recent ribbon-cutting as a prime example of its positive impact. He pledged to defend the CRA against any attempts to abolish it, stressing its importance for the city's future. Deputy Mayor Gibson then discussed the proposed East Polk Parkway, expressing his preference for an elevated roadway to preserve the city's green spaces. He noted that the current preferred route, the blue line, is the most favorable option as it is the farthest from Bok Tower and the city's green spaces. He also reported that the parkway will likely terminate at Highway 27, avoiding a previously proposed route that would have bisected Lake Wales Commons, a high-quality development. Deputy Mayor Gibson affirmed the city's commitment to maintaining high development standards to prevent urban sprawl, acknowledging that these standards have deterred some developers. He explained that these standards are in place to preserve the city’s vision and its green spaces. Deputy Mayor Gibson urged voters to consider which candidate would best fulfill the city's mission statement: "make the world a bit better or more beautiful." He emphasized that both candidates have records of city commission service and encouraged voters to make their decision based on which candidate would contribute most positively to the city's future. 12. MAYOR COMMENTS  statement: "make the world a bit better or more beautiful." He emphasized that both candidates have records of city commission service and encouraged voters to make their decision based on which candidate would contribute most positively to the city's future. 12. MAYOR COMMENTS Mayor Hilligoss addressed several accusations and concerns, refuting claims of improper actions regarding public comments and proclamation policies. He highlighted his campaign's transparency and lower spending compared to figures presented. He disavowed any connection to the controversial campaign flyers, noting their impact on local political discourse. He criticized what he perceived as hypocrisy from those who previously engaged in similar tactics, and questioned the selective focus on campaign negativity. He maintained his focus on positive city development, mentioning the elevated land use regulations and building codes he championed. He stated his frustration with having no knowledge of who creates those flyers, and therefore having no way of stopping the creation of those flyers. Mayor Hilligoss said that because of the AAUW officers' actions, he has decided not to attend their events. 13. ADJOURNMENT The meeting was adjourned at 6:55 p.m. _______________________ Mayor ATTEST: _______________________ City Clerk