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City Commission Workshop Meeting

Regular Meeting

Lake Wales, FL · December 9, 2020

AgendaMinutes

Minutes

City Commission Workshop Meeting Minutes December 9, 2020 (Approved) This meeting was conducted partially via teleconference 12/9/2020 - Minutes 1. CALL TO ORDER & ROLL CALL Commissioners Present: Terrye Howell, Curtis Gibson, Al Goldstein, Robin Gibson, Mayor Fultz Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert Galloway, Jr., City Attorney Mayor Fultz called the meeting to order at 5:00 p.m. Mayor Fultz read a statement: The Governor’s Executive Order 20-246 allowing for meetings of a Municipality’s governing boards without having a quorum of its members present physically or at any specific location has expired as of Nov. 1. However due to the ongoing State of Emergency, while a majority of Commission Members must be present in the Chambers, members of the staff and public may still participate in our meetings virtually. Members of the public are welcome to come into the Commission Chambers to attend our Commission Agenda Work Session Meetings. We ask that everyone be mindful of social distancing and sit in designated seating. Any member of the public may register to attend our meetings virtually at WWW.LAKEWALESFL.GOV/REGISTER Additional Information and Procedures for public participation will be explained by the City Attorney shortly. Albert Galloway, Jr., City Attorney, read a statement on Procedures for this partial virtual Public Meeting. Mr. Galloway asked the Commissioners, "are you comfortable with all the notice provisions set forth and these uniform rules of procedures we have established for this Virtual meeting? The Commissioners answered affirmatively. 2. City Manager Comments James Slaton, City Manager, said we may cancel the Work Session Scheduled for December 30. The City Clerk will check with Commission members for feedback on this. 3. Discussion Seminole Hotel James Slaton, City Manager, explained that he is going to provide the commission with a review of where we are at with the Seminole Hotel. The goal is to inform the Commission about this issue and then if the Commission wants an action item then staff can prepare one for consideration. Mr. Slaton explained that there are 68 individual code violations on the building since 2016. The Code Enforcement Board in June has voted to foreclose on the building. That process has started. The building was purchased after this by Mr. Kebabjin with a quit claim deed and would like the Commission to stop the foreclosure and waive the fines. Commission wants an action item then staff can prepare one for consideration. Mr. Slaton explained that there are 68 individual code violations on the building since 2016. The Code Enforcement Board in June has voted to foreclose on the building. That process has started. The building was purchased after this by Mr. Kebabjin with a quit claim deed and would like the Commission to stop the foreclosure and waive the fines. Albert Galloway, Jr., City Attorney, reviewed the State Statute section 162.09 sub paragraph 3. This says the fines will accrue until the property is brought into compliance or a judgement is rendered. The lien will continue to accrue until judgement is rendered. While the City can waive the fines but cannot say the property has been brought into compliance. A judge has not been assigned to the case yet. Mr. Galloway recommended following this case to its conclusion. Commissioner Goldstein asked who determines if a building is in compliance. Mr. Galloway said the Code Compliance Division. Commissioner Curtis Gibson asked if the owner paid all the fines. Mr. Galloway said the fines will continue to accrue. Commissioner Curtis Gibson asked if the foreclosure would stop. Mr. Galloway said there are two options, they come into compliance or lose foreclosure action. Mr. Galloway said if Mr. Kebabjin pays the judgement then the fines continue until the building is in compliance. Mr. Galloway said he recommended to Mr. Kebabjin to allow the process to continue and respond to the request for proposals to bring building into compliance. Deputy Mayor Robin Gibson said this project allows us to do a better job than how the Grand Hotel was handled. A good agreement needs to be crafted to facilitate the renovation of the hotel. Once the building comes into the possession of the City the fines stop. Mr. Galloway confirmed this that the debt to the City is extinguished. Deputy Mayor Robin Gibson said that the property can be transferred to the CRA without the fines and without consideration. The CRA could transfer the property to someone to bring it into compliance. They would have to demonstrate that they have the ability to bring the building into compliance. Deputy Mayor Robin Gibson said an escrow account would be set up that we have control over. Commissioner Curtis Gibson said we want to be pro-business and work with entrepreneurs. He would be in favor of setting up an escrow account with new possible owner. We want to make sure the work on the building meets certain deadlines. Commissioner Curtis Gibson asked if we can let Mr. Kebabjin can pay fines and bring building into compliance. Mr. Galloway said he would not have time and those fines will take away from the project. Commissioner Goldstein asked if another bidder gets the building. Are the fines still there? Mr. Galloway said they are extinguished by the judgement no matter who buys it. This person can begin anew. Mr. Slaton said Mr. Kebabjin can submit a response to the request for proposals. We have begun of course of action that we don't want to stop and start over again. He advised the commission to see this process through. Commissioner Curtis Gibson asked for clarification if Mr. Kebabjin can just pay fines and offer to bring building into compliance. Mr. Galloway said no as fines continue to accrue and there are other costs such as attorney's fees that the court will award in the judgement. If someone wants the building and can pay more than the city that money will go to the City. Commissioner Curtis Gibson said he can't pay fines and judgement at this point. Mr. Galloway said no as there will still be violations. Fines will not accrue against the City. Mayor Fultz said the owner should acquire the property through the bid process and prove that he has the funding to get rid of the violations. He must have proof that he has the means to do this work. Deputy Mayor Robin Gibson said a new bidder might have ideas for the building and improve the value of it. Commissioner Howell asked who owns the building. Mr. Galloway said the title is in the name of Henry Kebabjin. Commissioner Howell asked if all these fines were in place when he purchased the building. Mr. Galloway confirmed this. Commissioner Howell asked what we are waiting on next? Mr. Galloway said we are pursuing the closing of the liens under chapter 162. The fines continue to rise until compliance or judgement. We are proceeding to judgement. The City will become the owner unless it is outbid. If it is then that cash flows to the City. Commissioner Howell asked who owns the building. Mr. Galloway said the title is in the name of Henry Kebabjin. Commissioner Howell asked if all these fines were in place when he purchased the building. Mr. Galloway confirmed this. Commissioner Howell asked what we are waiting on next? Mr. Galloway said we are pursuing the closing of the liens under chapter 162. The fines continue to rise until compliance or judgement. We are proceeding to judgement. The City will become the owner unless it is outbid. If it is then that cash flows to the City. Commissioner Howell said this man bought the building without a clear title because there is so much money owed due to 68 violations. The City will get the building and give it to the CRA and people can bid on the building. Is this right? Mr. Galloway explained thats almost right. The judgement would reduce the lien to a judgement. There will be a sale date. If someone bids on it the City gets the money. Commissioner Howell said we have to wait on judgement he can't pay fines. She said this is out of our hands. Commissioner Curtis Gibson asked if we can stop the foreclosure. Mr. Galloway said no. Commissioner Curtis Gibson said he would like to give Mr. Kebabjin an opportunity to bring the building into compliance. 4. Retirement Changes James Slaton, City Manager, reviewed this item. Do we want to change this section about Purchasing prior years of service for City Managers. This was changed for Mr. Fields. Do we wish to change it back or the Commission could use it as a future recruitment tool. Commissioner Howell said this is only for City Managers correct? Mr. Slaton said yes but it does not apply to him as all his service has been here in Lake Wales. Commissioner Howell asked if a City Manager could buy years in the plan after 1 year. Mr. Slaton said they have to have years in Florida and only 5 years. They retire at 60 years old. Deputy Mayor Robin Gibson asked if we wish to go back the way it was. Buying years of service is at no cost to the City. He reviewed why this change was made for Kenneth Fields. This would only be an issue in the future. Commissioner Goldstein asked if this is an incentive for future City Manager candidates. Mayor Fultz said it could be. Deputy Mayor Robin Gibson said we have an exception for military service members. Mr. Slaton said he served on the Pension Board for the past several years and he voted against this as he feels that employees should put the time here in Lake Wales if they want to draw retirement here. Mayor Fultz said let's reverse this for now but we can change this for an incentive if needed at a future time. The commission consented to this. 5. Ordinance 2020-31 Panhandling First Reading [Begin Agenda Memo] SYNOPSIS: Ordinance 2020-31 restricts panhandling in certain areas RECOMMENDATION Staff recommends the City Commission approve ordinance 2020-31 after first reading. BACKGROUND The Commission, at a prior meeting, discussed the need for a new panhandling ordinance after hearing concerns from the Community. Ordinance 2019-02 repealed previous provisions of Section 15-14 concerning solicitation, aggressive solicitation, and panhandling due to numerous court rulings which found Ordinances of the type previously enacted by the City and other governmental entities to be unconstitutional. Ordinance 2020-31 addresses the need to restrict panhandling in Lake Wales that may interfere with The Commission, at a prior meeting, discussed the need for a new panhandling ordinance after hearing concerns from the Community. Ordinance 2019-02 repealed previous provisions of Section 15-14 concerning solicitation, aggressive solicitation, and panhandling due to numerous court rulings which found Ordinances of the type previously enacted by the City and other governmental entities to be unconstitutional. Ordinance 2020-31 addresses the need to restrict panhandling in Lake Wales that may interfere with the public health, welfare and safety of our citizens. OTHER OPTIONS Do not approve Ordinance 2020-31 or modify it. FISCAL IMPACT None [End Agenda Memo] Albert Galloway, Jr., City Attorney, reviewed this item. Deputy Mayor Robin Gibson said if we want a panhandling ordinance we have to go with this kind of complexity. Commissioner Goldstein shared a recent encounter with a panhandler downtown. This kind of thing could cause problems. We need to make sure streets are safe for everybody. Deputy Mayor Robin Gibson said in the future there may be eating areas outside. Commissioner Curtis Gibson said this is great. We need it. Mayor Fultz said this does something to address the issue without being challenged. Commissioner Goldstein said we need more lighting downtown. 6. Ordinance 2020-33 Zoning Amendment – Chapter 23 Zoning, Land Use And Development – 1st Reading - PUBLIC HEARING [Begin Agenda Memo] SYNOPSIS Areas of the Land Development Regulations (Chapter 23, Lake Wales Code of Ordinances) continue to be identified as needing amendments in order to address the growth and needs of the community, to better align with current best practices, and to facilitate a more business-friendly approach to development in Lake Wales. RECOMMENDATION Staff recommends approval of Ordinance 2020-33 after first reading, following a public hearing. Public notice requirements have been met. BACKGROUND At a regular meeting on November 24, 2020, the Planning and Zoning Board made a recommendation of approval to the City Commission to amend the following section of Chapter 23: a. Sec. 23-422 – Dimensional requirements for use of land In an effort to offer relief to unique design and/or site constraints, and to reduce the number of dimensional variances applied for to the Board of Adjustments and Appeals, the following language is proposed to be added to the waivers section: Administrative Waivers shall be submitted for review and recommendation to the a. Sec. 23-422 – Dimensional requirements for use of land In an effort to offer relief to unique design and/or site constraints, and to reduce the number of dimensional variances applied for to the Board of Adjustments and Appeals, the following language is proposed to be added to the waivers section: Administrative Waivers shall be submitted for review and recommendation to the Administrative Official. Waivers shall then be approved or denied by the City Manager. The Waivers may authorize up to a twenty (20) percent reduction in zoning standards for setbacks, height, parking, buffering, living area, floor area/impervious surface ratio, and other related zoning standards. An applicant may appeal the decision of the City Manager to the City Commission. This amendment follows our first round of code updates, which were adopted on December 1, 2020 and referred to as “business-friendly” updates to our Land Development Regulations. Future updates will follow. FISCAL IMPACT This action has no direct fiscal impact. OTHER OPTIONS Commission may choose not to approve or modify portions of the ordinance. [End Agenda Memo] Mark Bennett, Development Services Director, reviewed this item. Mayor Fultz said its good that this process has checks and balances. The different levels is a safety net. Commissioner Curtis Gibson said this is a great idea. He likes the chain of command. James Slaton, City Manager, said this is more efficient and better customer service. 7. Ordinance D2020-03 2nd Reading And Public Hearing – Comp Plan Amendment/Future Land [Begin Agenda Memo] SYNOPSIS Land use designations are assigned by the City Commission by ordinance upon a recommendation from the Planning & Zoning Board. The approved ordinance was transmitted to the state’s Department of Economic Opportunity (DEO) for review after 1st reading, which took place on October 6, 2020. The DEO reviewed the designations for appropriateness and compatibility with the City’s Comprehensive Plan and had no objections. RECOMMENDATION The Planning & Zoning Board held a public hearing on the proposed amendment to the Future Land Use Map on September 29, 2020 and recommended the proposed amendment as set forth in Ordinance D2020-03. Staff recommends adoption of Ordinance D2020-03 after second reading, following a public hearing. Public Notice requirements have been met. BACKGROUND Staff has been working with a large landowner and their development team to establish a land use category which would facilitate large-scale, unified mixed-use development. The Planning Board recommended approval of the creation of the MU Mixed-Use land use category to City Commission in May of this year, and it was successfully adopted by Commission in June. The next step is to assign the new Mixed-Use land use category to the Winter Haven Corp property. The current land use designation for the property is RR Rural Residential. No development plans have been submitted to the City at this time. Staff recommends approval of the following: category which would facilitate large-scale, unified mixed-use development. The Planning Board recommended approval of the creation of the MU Mixed-Use land use category to City Commission in May of this year, and it was successfully adopted by Commission in June. The next step is to assign the new Mixed-Use land use category to the Winter Haven Corp property. The current land use designation for the property is RR Rural Residential. No development plans have been submitted to the City at this time. Staff recommends approval of the following: Recommended Land Use: FLUM: MU Mixed-Use FISCAL IMPACT Assigning land use designations enable future improvements of the property and a potential increase in the property value. [End Agenda Memo] Mark Bennett, Development Services Director, reviewed this item. 8. ORDINANCE 2020-32 Communications And Petitions Second Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Ordinance 2020-32 modifies the Citizen Participation section of the Code of Ordinances to welcome comments from the public related to the Commission’s scope of authority. RECOMMENDATION Staff recommends approval of Ordinance 2020-32 Communications and Petitions after first reading BACKGROUND During the Communications and Petitions section of City Commission meetings, members of the public often use the allotted time to talk about issues that are not within the scope of authority of the City Commission. This practice has been discussed by the recent Charter Review Committee and by the City Commission. On November 17, 2020 the City Commission adopted Resolution 2020-35, Communications and Petitions, that limits topics to be addressed to ones that the City Commission can actually address and that may be of assistance to the Commission in carrying out its responsibilities. Following adoption of Resolution 2020-35, the City Commission directed staff to bring forth agenda an Ordinance to modify the Citizen Participation section in accordance with Resolution 2020-35. Ordinance 2020-32 modifies the sections entitled “Manner of Addressing the Commission” and “Remarks to be Relevant”. The section “Manner of Addressing the Commission” asks speakers to state their name, whether they are a resident, taxpayer, business owner, or utility customer instead of their address. The “Remarks to be Relevant” section is modified to state that the subject matter must be within the Commission’s scope of authority and may be of assistance in carrying out the Commission’s responsibilities. OTHER OPTIONS The Commission may choose to not approve the Ordinance or change the Ordinance as proposed. FISCAL IMPACT OTHER OPTIONS The Commission may choose to not approve the Ordinance or change the Ordinance as proposed. FISCAL IMPACT None [End Agenda Memo] James Slaton, City Manager, reviewed this item. 9. Resolution 2020-40 Extending State Of Local Emergency [Begin Agenda Memo] SYNOPSIS: Resolution 2020-40 declares a State of Emergency for Lake Wales in response to concerns related to COVID-19. This will be in effect from December 17, 2020 until January 17, 2021. RECOMMENDATION Staff recommends adoption of Resolution 2020-40 State of Emergency Declaration from December 17th 2020 until January 17th 2021. BACKGROUND In response to the threat of COVID-19 Mayor Fultz issued a State of Emergency on March 13th for seven days and issued three more 7 day States of Emergency after that. The current state of emergency was extended twice more at the beginning of April and again in May, June, July, August, September and October. The current State of Emergency, which was approved by the Commission on November 17, will expire December 17th. According to Chapter 9 in our Code of Ordinances, the City Commission must approve a State of Emergency to last 30 days. OTHER OPTIONS Do not approve Resolution 2020-40. FISCAL IMPACT There is no fiscal impact from the resolution itself. There will be some costs to the City as we respond to this threat. These costs are being tracked. A declared State of Emergency will allow the City to seek possible reimbursement for those costs. [End Agenda Memo] James Slaton, City Manager, reviewed this item. 10. Annual Contract For Force Main Cleaning Services [Begin Agenda Memo] SYNOPSIS: Staff is recommending the commission consider approving the piggyback agreement for force main cleaning services with Professional Piping Services. STAFF RECOMMENDATION Staff recommends the City Commission consider taking the following action: 1. Approve the contract for Professional Pipping Services for forcemain cleaning. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. STAFF RECOMMENDATION Staff recommends the City Commission consider taking the following action: 1. Approve the contract for Professional Pipping Services for forcemain cleaning. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND The Eagle Ridge Mall Force main and the Southside Force main requires annual cleaning due to the distance this line has to travel to reach the wastewater treatment plant and the low flow conditions that exist due to the lack of development in this area. Sediment such as sand; plastics and paper tend to settle to the bottom of the pipe due to the low velocities of the liquid pushing the sediment. The method proposed for the cleaning of these sections of force main is called the progressive poly pig procedure. Each time staff has gone out to bid for theses services, the amount of responsive bidders has been less each year. This year staff chose to piggyback on an agreement that had already been bided out. Professional Pipping Services was the contractor that won that contract. In addition, Professional Piping Services (PPS) has performed this cleaning for the past three years. Staff had previously piggy-backed the Pinellas County contract for these services with this same contractor. Therefore, the staff is choosing to piggyback the current Pinellas County contract again. Staff has been satisfied with both the performance and the reports submitted, which are a required component of this contract. Staff is recommending the City Commission approve the signing of the piggyback agreement with Professional Pipping Services. OTHER OPTION None. Without this required annual cleaning, the force main would become plugged and become inoperable. This in turn would cut off the sewer service for the subdivisions being serviced by these force mains. FISCAL IMPACT $95,000 was budgeted in the Wastewater Division’s FY ’20-‘21 M & R Lines and Mains Operating Budget for this purpose. Funding source for this activity is the utilities operating revenue. [End Agenda memo] James Slaton, City Manager, reviewed this item. 11. Cedar Trail Landfill Agreement With Republic Services [Begin Agenda Memo] SYNOPSIS: Sludge produced as a result of wastewater treatment has to be disposed of from the treatment plant premises. The sludge can be hauled and disposed of at the Cedar Trail Landfill by Republic Services. RECOMMENDATION Staff recommends the City Commission consider taking the following action: 1. Approve a bio-solids disposal contract with Republic Services for Cedar Trail Landfill. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND The City of Lake Wales currently operates one wastewater treatment plant (WWTP) with a DEP permitted capacity of 2.19 mgd. The average daily flow, based on a three (3) year average is approximately 1.19 mgd with an annual bio-solids production of nearly 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND The City of Lake Wales currently operates one wastewater treatment plant (WWTP) with a DEP permitted capacity of 2.19 mgd. The average daily flow, based on a three (3) year average is approximately 1.19 mgd with an annual bio-solids production of nearly 240 dry tons per year. Unfortunately, land application of lime-stabilized material is becoming increasingly restricted by FDEP. BCR Environmental proposed an alternative bio-solids management solution that was promised to reduce the cost and risk associated with bio-solids management by eliminating odors, improving regulatory compliance, reducing energy consumption, and providing a long term, sustainable disposition strategy. BCR’s recommended solution consisted of treating the bio-solids with a CleanB system at the plant and then hauling the material to BCR’s Haines City NuTerra Facility for conversion to a Class AA premium compost product under a cost effective, 5-year service agreement. Since the time this agreement was approved, the Haines City facility has been shut down and the City did not see the savings as previously promised. Staff is recommending we do not renew the contract with BCR for the CleanB™ system and seek an alternative method for bios-solids disposal. The commission at the November 17, 2020 City Commission meeting, approved entering into an agreement with Republic Services to provide transport for the bio-solids removal. The second piece of the removal process is to have a place for disposal. Republic Services will also be providing the disposal site needed. This contract is to set the terms of the landfill site. The agreement with Republic Services is a 36-month contract, which renews automatically unless terminated. These are the same terms as was provided for the agreement approved on November 17, 2020. Staff is recommending the City Commission approve the Republic Services agreement for the Cedar Trail Landfill disposal. FISCAL IMPACT There are no fees associated with this particular agreement. The fees have already been approved by the commission at the November 17, 2020 City Commission meeting. OTHER OPTIONS None. [End Agenda Memo] Sarah Kirkland, Utilities Director, reviewed this item. 12. Kimley Horn Engineering Agreement For The Vactor Truck Drying Bed [Begin Agenda Memo] SYNOPSIS: Staff is recommending the commission consider approving the engineering agreement with Kimley Horn for the reconstruction of the drying bed at the wastewater treatment plant. STAFF RECOMMENDATION Staff recommends the City Commission consider taking the following action: 1. Approve the engineering agreement with Kimley Horn for the Vactor truck drying bed reconstruction in the amount of $37,000. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND City staff requested Kimley-Horn to provide a proposal to design a new vacuum truck sludge drying bed. This work will require limited survey sub-consulting work along with limited modifications to the existing site pavement. Time and use has now made it necessary for staff to perform this required maintenance and new construction. When the vactor returns to the wastewater plant at the end of the day, the contents are emptied onto the drying bed. BACKGROUND City staff requested Kimley-Horn to provide a proposal to design a new vacuum truck sludge drying bed. This work will require limited survey sub-consulting work along with limited modifications to the existing site pavement. Time and use has now made it necessary for staff to perform this required maintenance and new construction. When the vactor returns to the wastewater plant at the end of the day, the contents are emptied onto the drying bed. Drying takes place by a combination of evaporation and gravity drainage through a piping network built underneath the drying bed pit. Once the sludge is completely dried, the dried material is shoveled into the dumpster for disposal. The liquid from the vactor truck is drained through the piping under the drying bed that eventually makes its way through the wastewater treatment plant. Staff is recommending the City Commission approve the signing of the engineering agreement with Kimley-Horn in the amount of $37,000 for the drying bed engineering services. OTHER OPTION None. The drying bed is used to dry material released from the Vactor Truck. The material has to be dried prior to being placed into the dumper for removal. FISCAL IMPACT $500,000 was budgeted in the Wastewater Division’s FY ’20-‘21 Capital Improvements Budget for this purpose. [End Agenda Memo] Sarah Kirkland, Utilities Director, reviewed this item. Mayor Fultz asked if this helps with planning for new housing construction. Ms. Kirkland said not exactly this just enlarges the bed that we put the vactor on. Mayor Fultz said this improves efficiency. Ms. Kirkland confirmed this and said we purchased a larger vactor so this accommodates that. Commissioner Goldstein asked how long the beds last before they are reworked. Ms. Kirkland said 20 years but can be sooner due to corrosive nature of the material. 13. Piggyback Annual Contract With USSI , LLC [Begin Agenda memo] SYNOPSIS: Staff recommends the commission approve to expend funds in the amount of $125,244.59 to perform infiltration testing on various lift stations and their respective service areas. STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Approve expending funding in the amount of $125,244.59 to perform infiltration testing on various lift stations and their respective service areas. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND Infiltration is when groundwater enters the sanitary sewer system through faulty pipes or manholes. These pipes might have cracks or leaks that let the water in. This can happen because of age, design, installation or maintenance issues or even tree root intrusion. Inflow and infiltration water is referred to as “clear water” distinguishing it from sanitary sewage water’. When clear water gets into the wastewater and sewer system, it gets treated. When BACKGROUND Infiltration is when groundwater enters the sanitary sewer system through faulty pipes or manholes. These pipes might have cracks or leaks that let the water in. This can happen because of age, design, installation or maintenance issues or even tree root intrusion. Inflow and infiltration water is referred to as “clear water” distinguishing it from sanitary sewage water’. When clear water gets into the wastewater and sewer system, it gets treated. When it is treated, it cost the city money. It also takes up valuable capacity within the collection system and the wastewater treatment facility. Several indicators indicate there is an infiltration problem within the sanitary system: • Lift station pumps run for a long time after a rain event. It has a large number of starts and stops after it rains. This means storm water has entered the sanitary sewer system and is on its way to be treated. • Pipes back-up. Manholes spill wastewater onto roadways or green space. • You see significant spikes in flow at your wastewater treatment plant corresponding to precipitation events or high groundwater conditions. Staff is starting to see some of these same indicators happening within the City sanitary sewer system. Staff recommends commission approve the expenditure of $125,244.59 to USSI for the services of infiltration testing using the piggyback agreement previously approved by the commission in February of 2019. OTHER OPTION The delay in testing the specified area will continue to allow groundwater to continue to infiltrate the sanitary sewer system causing extended wear and tear on all sanitary sewer system components. FISCAL IMPACT The 2020-21 Capital Improvements Plan has budgeted $223,000 to address this problem system wide. [End Agenda Memo] Sarah Kirkland, Utilities Director, reviewed this item. Commissioner Goldstein said this is already budgeted and this is lower. Mayor Fultz said this stops pulling in outside water that makes the system work harder. James Slaton, City Manager, said this is a piggyback agreement. Ms. Kirkland said there is a new agreement. 14. Board Appointments - Firefighters' Retirement Board [Begin Agenda Memo] SYNOPSIS: Appointment to fill a vacancy on the Firefighters’ Retirement Board RECOMMENDATION Staff recommends that the Mayor and Commission make the following appointment as deemed appropriate. Appointment to fill a vacancy on the Firefighters’ Retirement Board RECOMMENDATION Staff recommends that the Mayor and Commission make the following appointment as deemed appropriate. 1. Appoint Michael Costello, resident, for a partial term on the Historic District Regulatory Board expiring on 07/01/21. BACKGROUND Firefighters’ Retirement Board (City Code Sec. 16-163) – The board consists of five (5) trustees. Two (2) members must be legal residents of the City and two (2) members must be full-time firefighters employed by the Lake Wales Fire Department. Resident members are appointed by the Mayor with the advice and consent of the City Commission; firefighter members are selected by a majority of the firefighters who are members of the plan. The fifth member is chosen by a majority of the other four members and appointed by the Mayor. (4-year term) • There is no interview process requirement for applicants applying for appointment to this board. • Members are required to file an annual Form 1, Statement of Financial Interests • Current Vacancies: 1 resident due to resignation Current Members: Brian Patterson 09/22/15 – 09/30/23 P+1 Dennis Childress, resident 09/30/18 - 09/30/22, P+1 James Brown, resident (resigned) 03/18/14 - 09/30/18, partial term Caleb Simpson, Firefighter 09/30/18 - 09/30/22, 1 term Roy Wilkinson, III, Firefighter 09/30/18 - 09/30/22, P+1 Applying for appointment: Michael Costello Current Meetings – Quarterly @ 4p.m.; Fire Department meeting room OPTIONS Do not appoint those that have applied. FISCAL IMPACT None. These are volunteer boards. [End Agenda Memo] Deputy Mayor Robin Gibson noted that this is a resident and not a fire fighter. Commissioner Goldstein said he recommended Mr. Costello to apply the board. 15. CITY COMMISSION AND MAYOR COMMENTS Commissioner Goldstein reported on recent meeting of Legislative Action Committee with Florida League of Cities. He detailed some legislation that is of concern. These were discussed. Commissioner Goldstein said we need a committee to work on home rule issues. Advocacy efforts were discussed. Commissioner Goldstein said we need recreation fees. James Slaton, City Manager, said we are working on a recreation master plan and we can have our consultants recommend a fee structure. Commissioner Curtis Gibson asked if the Recreation Commission had a recommendation. Mr. Slaton said we will bring information to that board and implement the fees next year. Deputy Mayor Robin Gibson said the YMCA needs to be a part of the discussion regarding fees. Commissioner Curtis Gibson asked about the Library and the policy for limiting time in the library. Thirty Commissioner Goldstein said we need recreation fees. James Slaton, City Manager, said we are working on a recreation master plan and we can have our consultants recommend a fee structure. Commissioner Curtis Gibson asked if the Recreation Commission had a recommendation. Mr. Slaton said we will bring information to that board and implement the fees next year. Deputy Mayor Robin Gibson said the YMCA needs to be a part of the discussion regarding fees. Commissioner Curtis Gibson asked about the Library and the policy for limiting time in the library. Thirty minutes is not enough for some people. He recommended reviewing and changing this policy. Mr. Slaton said he will look into it. Commissioner Curtis Gibson said he appreciates these conversations at the workshop as they are helpful. He is looking forward to these things happening. Commissioner Curtis Gibson thanked the Police Department as he has not heard any complaints for some time. Mayor Fultz thanked everyone that participates in the meetings. Commissioner Goldstein suggested all meetings be at 3:00 p.m. Mayor Fultz said that may conflict with other meetings he has. 16. ADJOURN The meeting was adjourned 4:29 p.m. ____________________ Mayor ATTEST ____________________ City Clerk

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