City Commission Workshop Meeting
Regular MeetingLake Wales, FL · February 1, 2023
Minutes
City Commission Workshop Minutes
February 1, 2023
(APPROVED)
2/1/2023 - Minutes
1. CALL TO ORDER & ROLL CALL
Members Present: Mayor Jack Hilligoss, Terrye Howell, Robin Gibson, Danny Krueger, Robin Gibson,
Daniel Williams
Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert Galloway, Jr., City Attorney
Mayor Hilligoss called the meeting to order at approximately 2:00 p.m.
2. City Manager Comments
James Slaton, City Manager, invited the public to a design workshop on the Crystal Lake Park Trail today
at 5:30pm at the Tourist Club.
Mr. Slaton reported on a recent mediation concerning the Dixie Walesbilt hotel. Deputy Mayor Gibson gave
background on the lawsuit concerning the Grand Hotel with Dixie Walesbilt. Walesbilt has moved to a jury
trial which delays things. There is a September date for a trial. He reported about the confidential mediation
that took place but there was no decision yet. Nothing has been filed as of yet.
3. Update From Hoyle Tanner On Alternative Water Supply Development Project
[Begin Agenda Memo]
SYNOPSIS: David Edson, P.E., Senior Consultant at Hoyle Tanner will be present at the commission
workshop to provide an update on Task Order #6: Alternative Water Supply Development Project.
RECOMMENDATION Listen and ask questions to understand the next steps of the task order.
BACKGROUND The City has adopted a Water Supply Facility Work Plan and had reviewed an Initial
Feasibility Assessment for Lower Floridan Aquifer (LFA) Water Supply and Treatment. The city authorized
Task Order #6 with Hoyle, Tanner & Associates for Design and Bid Services for the Test Well Exploration
and Engineering Assessment of WTP#3 Location (High school Water Treatment Plant).
FISCAL IMPACT Task Order number six was approved for an amount not to exceed $132,000. However,
the Task Order amount does not include professional services during well construction and testing phases.
[End Agenda Memo]
David Edson, Senior Consultant with Hoyle Tanner, provided an update on this project.
He reviewed two major options for Water Supply. A New Municipal Well Supply or the Polk Regional Water
Cooperative. He reviewed the advantages and disadvantages of both. He recommended to continue to do
the test well drilling program but monitor PRWC progress on this.
Deputy Mayor Gibson asked why PRWC doesn't have cost information available. Mr. Edson said they don't
know. They are having difficulty with this.
He reviewed two major options for Water Supply. A New Municipal Well Supply or the Polk Regional Water
Cooperative. He reviewed the advantages and disadvantages of both. He recommended to continue to do
the test well drilling program but monitor PRWC progress on this.
Deputy Mayor Gibson asked why PRWC doesn't have cost information available. Mr. Edson said they don't
know. They are having difficulty with this.
Commissioner Williams asked why the City can't get permits for more water. Mr. Edson said that the upper
Floridian Aquifer is over subscribed and is causing negative environment impact.
Mayor Hilligoss said we are operating at about 70% capacity. He confirmed that this is based on maximum
day use. Mr. Edson confirmed this. Mayor Hilligoss confirmed that the projections are based on a worse
case scenario. Mr. Edson said they used a median projection. That presumes many of the incoming
developments will get built over a longer period of time. Mayor Hilligoss said if the PRWC finds a usable
source of water then there will be a lot of infrastructure costs. A closer well will be lower cost for us on the
back end. Mr. Edson said transmission pipelines won't be cheap.
Commissioner Williams said if the City doesn't find anything but PRWC probably won't either and will have
to pump water further which will be additional costs. Mr. Edson said some cities have signed on to the
PRWC. Mr. Slaton says if the PRWC doesn't find water it doesn't mean we won't or vice versa. It's a
possibility that we don't. WE need to continue to focus on water conservation. The Commission has taken
steps on this and should continue into the future.
Commissioner Howell said she is concerned about the lower water quality which will require treatment and
will be costly. Are we doing the right thing? Mr. Slaton said yes we are doing our doing our due diligence
and watching the PRWC from afar. We can sign on if they find something. We have federal money to help
with this project. We are doing homework for our citizens to maintain our own water supply. We have the
capacity and time to explore options.
Commissioner Krueger said if we sign on with PRWC some decisions may not be right for Lake Wales.
Commissioner Howell said she wanted to be sure we are in the right place with the new homes coming in.
Tom Cloud, Attorney with GrayRobinson, said no city is in a good position. Mosaic has hold onto a lot of
water in the Upper Florida Aquifer right now. PRWC can't give a cost estimate for this water and no one
knows why. There was a settlement that kept water rates from going up in 2025. Hopefully when the cost is
known some steps will be taken to address any rate shock. This is a prudent road for Lake Wales to
take. As we learn more we can act accordingly.
4. RESOLUTION 2022-33 Approval Of Retreat Report And Adoption Of Strategic Priorities
[Begin Agenda Memo]
SYNOPSIS Resolution 2022-33 approves the report of the October 2022 City Commission retreat and
adopts the 5 strategic priorities and milestones.
RECOMMENDATION Staff recommends adoption of Resolution 2022-33.
BACKGROUND In October 2022 the City Commission along with the City Manager and members of staff
conducted a retreat reviewing and amending the previously identified strategic priorities for the City of Lake
Wales. 5 strategic priorities were identified along with milestones to address those priorities.
OTHER OPTIONS Do not approve the report or recommend changes to the report.
FISCAL IMPACT None.
[End Agenda Memo]
James Slaton, City Manager, reviewed this item.
Deputy Mayor Gibson asked about a timeline. Mr. Slaton said he is working on a work plan and time line.
These will be reviewed every other year.
[End Agenda Memo]
James Slaton, City Manager, reviewed this item.
Deputy Mayor Gibson asked about a timeline. Mr. Slaton said he is working on a work plan and time line.
These will be reviewed every other year.
5. Approval Of Contract For Law Enforcement Services: Lake Wales Housing Authority
[Begin Agenda memo]
Synopsis: Commissioners will consider approving a contract with the Lake Wales Housing Authority to
continue providing supplemental law enforcement services at the Grove Manor and Sunrise Park public
housing complexes.
RECOMMENDATION It is recommended that the City Commission:
1. Authorize the Mayor to execute a Contract for Services with the Lake Wales Housing Authority for Fiscal
Year 2022-2023.
BACKGROUND Since 2011/2012 the CRA Board of Commissioners have approved funding a law
enforcement officer position to provide supplemental law enforcement services toward designated CRA
areas and the Lake Wales Housing Authority, Grove Manor Complex.
In an effort to continue providing these supplemental law enforcement services to the Lake Wales Housing
Authority, Grove Manor and Sunrise Park Complex residents, the Lake Wales Police Department seeks
approval to enter into a new contract for FY2022/2023. This contract for supplemental law enforcement
services provides for a monthly payment due the City in the amount of $3,185.00 from the Housing
Authority.
The Lake Wales Housing Authority Board approved the contract for services during their last meeting, held
on January 18, 2023. This is a 6-month contract to continue services while we prepare a multi-year contract
that is mutually agreeable.
[End Agenda Memo]
James Slaton, City Manager, said this item is more appropriate for the CRA and will be on that agenda.
6. Agreement For Professional Services Provided By Dorothy Abbott, CPA, MPA
[Begin Agenda Memo]
SYNOPSIS: The City Commission will consider entering into an agreement with Dorothy Abbott for
accounting services within the Finance Department.
STAFF RECOMMENDATION:
1. Approve an agreement between the City of Lake Wales and Dorothy Abbott, CPA, MBA.
2. Authorize the City Manager to execute the agreement.
BACKGROUND: For over 14 years, Dorothy Abbott has served as the Finance Director for the City of Lake
Wales and she has extensive knowledge in the following areas:
1) The annual budget process, non-ad valorem compliance, and TRIM requirements,
2) Audit preparation, internal controls, grant compliance, and required documentation relating to year-end
closing procedures, 3) Both managerial and daily operational knowledge within government finance
departments.
Mrs. Abbott recently resigned her position with the City to relocate to Putnam County. Staff recommends
approval of a professional services agreement with Mrs. Abbot to ensure a seamless transition of
2) Audit preparation, internal controls, grant compliance, and required documentation relating to year-end
closing procedures, 3) Both managerial and daily operational knowledge within government finance
departments.
Mrs. Abbott recently resigned her position with the City to relocate to Putnam County. Staff recommends
approval of a professional services agreement with Mrs. Abbot to ensure a seamless transition of
responsibilities with minimal interruption. The proposed agreement is for a twelve-month term and can be
renewed for two additional twelve-month terms if needed. The contract amount is $50,000 ($33,000 for the
balance of FY’23). Budgeted funds for the Finance Director position are more than sufficient to cover the
contract costs and will likely result in a net savings for the remainder of the fiscal year.
FISCAL IMPACT: The contract cost is $33,000 for the remainder of FY’23, however, the actual fiscal
impact will result in a net savings to the City’s general fund.
[End Agenda memo]
Dorothy Abbott, Finance Director, reviewed this item. She introduced Vanessa Avellaneda who will be
serving as Interim Finance Director.
Ms. Avellaneda introduced herself to the Commission.
Commissioner Howell noted that we save money with Dorothy leaving.
7. Ordinance 2022-36 Zoning Map Amendment For 47.31 Acres Of Land South Of Hunt Brothers Road, West
Of Scenic Highway South, And East Of US Highway 27. 1st Reading And Public Hearing – Notice
Requirements Have Been Met.
[Begin Agenda Memo]
SYNOPSIS: Hunt Brothers, Inc., owner, requests a recommendation to City Commission to amend the
Zoning Map on parcels of land totaling approximately 47.31 acres.
RECOMMENDATION A recommendation of approval to City Commission to re-assign the following zoning
designation, as recommended by the Planning and Zoning Board at a special meeting on January 5, 2023:
Current Zoning: Polk County Residential Suburban (RS)
Proposed Zoning: Business Park (BP)
BACKGROUND The subject property is located south of Hunt Brothers Road, west of Scenic Highway, and
east of US Highway 27. The property is situated across Hunt Brothers Road from the Lake Wales Soccer
Club and Lake Wales Memorial Gardens. There have been preliminary discussions regarding potential
industrial development of the property, however, no formal plans have been submitted to the City for review.
The owner petitioned to be annexed into the city limits on August 24, 2022. A Zoning designation of BP
Business Park is appropriate as the Longleaf Business Park is located to the west of the property.
Properties within the city limits, south of the subject property, are also zoned Business Park.
CODE REFERENCES AND REVIEW CRITERIA The City Commission assigns future land use and zoning
designations by ordinances upon a recommendation from the Planning & Zoning Board.
FISCAL IMPACT The properties are valued at a total of $461,278 dollars, bringing in additional property
taxes. Assignment would enable the development of these properties that would potentially increase
property value and generate potential revenue.
[End Agenda memo]
Mark Bennett, Development Services Director, reviewed this item.
Deputy Mayor Gibson asked if there is an understanding with regard to the Lake Wales Envisioned plan.
Mr. Bennett said one aspirational statement concerns more employment opportunities. This request will set
the stage for more businesses coming in. There are no plans yet. It will take time to get entitlements in
place. By then Lake Wales Envisioned will be pretty far along if not complete. Deputy Mayor Gibson asked
Mark Bennett, Development Services Director, reviewed this item.
Deputy Mayor Gibson asked if there is an understanding with regard to the Lake Wales Envisioned plan.
Mr. Bennett said one aspirational statement concerns more employment opportunities. This request will set
the stage for more businesses coming in. There are no plans yet. It will take time to get entitlements in
place. By then Lake Wales Envisioned will be pretty far along if not complete. Deputy Mayor Gibson asked
if the owner is aware of this and on board. Mr. Bennett and James Slaton, City Manager, said yes.
Commissioner Howell asked what kind of businesses might come in? Can just anything come in without
Commission approval? Mr. Slaton said it depends on what is proposed. Mr. Bennett said the uses allowed
will be based on the zoning district. Commissioner Howell said do we need to update the rules to restrict
anything not wanted in Lake Wales such as something hazardous.
Deputy Mayor Gibson asked what would be the allowed uses for this site? Mr. Bennett said its
warehouses, distribution and light industrial. Deputy Mayor Gibson asked if they are clean uses. Mr.
Bennett said without reviewing the code he can't answer that. Mr. Bennett said we do have Industrial zoning
allowing more intense uses. Mr. Slaton said we can include a copy of the code with this item in the
Tuesday agenda.
Commissioner Howell suggested that some our codes and standards need to be higher. They may be old or
lower than what they should be. Some projects may coming under the radar that are not up to our
standards. Mr. Bennett said we are more restrictive on heavy industrial uses than other cities.
8. Ordinance 2022-54 Annexation – 1st Reading And Public Hearing 47.31 Acres Of Land South Of Hunt
Brothers Road, West Of Scenic Highway South, And East Of US Highway 27.
[Begin Agenda Item]
SYNOPSIS: Ordinance 2022-54 proposes the voluntary annexation of approximately 47.31 acres of land
south of Hunt Brothers Road, west of Scenic Highway South, and east of US Highway 27, and contiguous
to the incorporated City limits.
RECOMMENDATION Staff recommends approval at first reading and adoption after second reading of
Ordinance 2022-54 following a public hearing. A recommendation from the Planning and Zoning Board is not
required for an annexation ordinance.
BACKGROUND Owners, Hunt Bros Inc, petitioned annexation into the corporate city limits of Lake Wales
on October 12, 2022. “Attachment A” to the ordinance shows the property’s location. It is contiguous to the
City Limits along its northern boundary.
OTHER OPTIONS Decline to annex the property.
FISCAL IMPACT The annexation will add to the City’s tax roll. The properties are valued at a total of
$461,278 which would bring in additional property taxes.
[End Agenda memo]
Mark Bennett, Development Services Director, reviewed this item.
9. Ordinance D2022-35 Small Scale Future Land Use Amendment For 47.31 Acres Of Land South Of Hunt
Brothers Road, West Of Scenic Highway South, And East Of US Highway 27. 1st Reading And Public
Hearing – Notice Requirements Have Been Met.
[Begin Agenda Memo]
SYNOPSIS: Hunt Brothers, Inc., owner, requests a recommendation to City Commission to amend the
Future Land Use Map of the Comprehensive Plan on parcels of land totaling approximately 47.31 acres.
RECOMMENDATION Approval at first reading and adoption at second reading, following a public hearing to
re assign the following zoning designation, as recommended by the Planning and Zoning Board at a
special meeting on January 5, 2023:
Future Land Use Map of the Comprehensive Plan on parcels of land totaling approximately 47.31 acres.
RECOMMENDATION Approval at first reading and adoption at second reading, following a public hearing to
re assign the following zoning designation, as recommended by the Planning and Zoning Board at a
special meeting on January 5, 2023:
Current Land Use: Polk County Residential Suburban (RS)
Proposed Land Use: Business Park Center (BPC)
BACKGROUND The subject property is located south of Hunt Brothers Road, west of Scenic Highway, and
east of US Highway 27. The property is situated across Hunt Brothers Road from the Lake Wales Soccer
Club and Lake Wales Memorial Gardens. There have been preliminary discussions regarding potential
industrial development of the property, however, no formal plans have been submitted to the City for review.
Hunt Brothers, Inc., petitioned to be annexed into the city limits on August 24, 2022. A land use
designation of Business Park Center is appropriate as the Longleaf Business Park is located to the west of
the property. Properties in the city limits, south of the subject property, are also zoned Business Park with
a land use of Business Park Center.
CODE REFERENCES AND REVIEW CRITERIA The City Commission assigns future land use designations
by ordinances upon a recommendation from the Planning & Zoning Board. The adopted ordinance is
transmitted to the state’s Department of Economic Opportunity (DEO) for review. The DEO reviews the
designations as appropriate with reference to the City’s Comprehensive Plan.
FISCAL IMPACT The properties are valued at a total of $461,278 dollars, bringing in additional property
taxes. Assignment would enable the potential development of these properties that would potentially
increase property value and generate potential revenue.
[End Agenda memo]
Mark Bennett, Development Services Director, reviewed this item.
10. Ordinance 2023-04 Future Land Use Amendment For 6.51 Acres Of Land South Of Grove Avenue East And
East Of 1st Street South. 1st Reading And Public Hearing – Notice Requirements Have Been Met.
[Begin Agenda memo]
SYNOPSIS: Mathews Properties & Development Inc request a recommendation to City Commission to
amend the Future Land Use Map of the Comprehensive Plan on parcels of land totaling approximately 6.51
acres.
RECOMMENDATION Approval at first reading and adoption at second reading, following a public hearing to
re-assign the following zoning designation, as recommended by the Planning and Zoning Board at a special
meeting on January 5, 2023. Current Zoning: R-1B Proposed Zoning: R-1C
BACKGROUND: The subject property is located south of Grove Avenue East and east of 1st Street South.
The property is situated just west of McLaughlin Middle School and south of the Publix Plaza. The parcel is
currently within the city limits and surrounded by existing development.
There have been preliminary discussions regarding development of the property, however, no formal plans
have been submitted to the City for review. Residential development on this property would need to come
back before the Planning Board for recommendation to City Commission for approval of the Preliminary
Subdivision Plat.
A Land Use designation of Medium Density Residential MDR would be appropriate as the area supports a
mix of uses from single family homes to assisted living facilities and multifamily complexes. Properties
such as the Water’s Edge Living Facility, McLaughlin Middle School and the Apartments along 3rd Street
South have land use designations of MDR.
CODE REFERENCES AND REVIEW CRITERIA The City Commission assigns future Land Use
designations by ordinances upon a recommendation from the Planning & Zoning Board. The adopted
ordinance is transmitted to the state’s Department of Economic Opportunity (DEO) for review. The DEO
such as the Water’s Edge Living Facility, McLaughlin Middle School and the Apartments along 3rd Street
South have land use designations of MDR.
CODE REFERENCES AND REVIEW CRITERIA The City Commission assigns future Land Use
designations by ordinances upon a recommendation from the Planning & Zoning Board. The adopted
ordinance is transmitted to the state’s Department of Economic Opportunity (DEO) for review. The DEO
reviews the designations as appropriate with reference to the City’s Comprehensive Plan.
FISCAL IMPACT The properties are valued at a total of over $60,546 dollars, bringing in additional property
taxes. Assignment would enable the development of this property and the potential increase in property
value.
[End Agenda memo]
Mark Bennett, Development Services Director, reviewed this item. He shared a slideshow showing possible
design concepts for the property that were drafted by DoverKohl. This is not the development plan.
Commissioner Howell asked if this allows 12 houses per acre. Mr. Bennett said no. Any plans for this
property will come back to Commission for approval. This would be unique and different.
Deputy Mayor Gibson said we need to reevaluate density. If we can attract more people in the City Limits
then we are saving space in the distance. Mr. Bennett said its an infill project in the CRA. Deputy Mayor
Gibson said he is glad DoverKohl was brought in for quality. He likes the approach to this.
11. Ordinance 2023-05 Zoning Map Amendment For 6.51 Acres Of Land South Of Grove Avenue East And East
Of 1st Street South. 1st Hearing And Public Hearing – Notice Requirements Have Been Met.
[Begin Agenda memo]
SYNOPSIS: Mathews Properties & Development Inc. request a recommendation to City Commission to
amend the Zoning Map of the Comprehensive Plan on parcels of land totaling approximately 6.51 acres.
RECOMMENDATION A recommendation of approval to City Commission to re-assign the following zoning
designation, as recommended by the Planning and Zoning Board at a regular meeting on January 5, 2023.
Current Zoning: R-1B Proposed Zoning: R-1C
BACKGROUND The subject property is located south of Grove Avenue East and east of 1st Street South.
The property is situated just west of Mclaughlin Middle School and south of the Publix Plaza. The parcel is
currently within the city limits and surrounded by existing development. There have been preliminary
discussions regarding development of the property, however, no formal plans have been submitted to the
City for review. Residential development on this property would need to come back before the Planning
Board for recommendation to City Commission for approval of the Preliminary Subdivision Plat A zoning
designation of R-1C would be appropriate as the area supports a mix of uses from single family homes to
assisted living facilities and multifamily complexes. The single-family homes just west of the project site
have a zoning designation of R-1C.
CODE REFERENCES AND REVIEW CRITERIA The City Commission assigns zoning designations by
ordinances upon a recommendation from the Planning & Zoning Board.
FISCAL IMPACT The property is valued at a total of $60,546 dollars, bringing in additional property taxes.
Assignment would enable the development of this property and the potential increase in property value.
[End Agenda Memo]
Mark Bennett, Development Services Director, reviewed this item.
12. Ordinance 2023-03 Franchise Agreement – Duke Energy 2nd Reading And Public Hearing
[Begin Agenda Memo]
SYNOPSIS: The City Commission will consider approval of a Franchise Agreement with Duke Energy.
12. Ordinance 2023-03 Franchise Agreement – Duke Energy 2nd Reading And Public Hearing
[Begin Agenda Memo]
SYNOPSIS: The City Commission will consider approval of a Franchise Agreement with Duke Energy.
RECOMMENDATION It is recommended that the City Commission take the following actions:
1. Adopt Ordinance 2023-03 Franchise Agreement with Duke Energy after 2nd reading and Public Hearing.
2. Authorize the Mayor to execute the necessary documents on behalf of the City.
BACKGROUND The 30-year Franchise Agreement with Duke Energy (DE) has expired and DE desires to
enter into a new agreement with the City. The Franchise Agreement grants express permission for the
electric utility’s infrastructure to remain in the City's rights-of-way for the Utility’s continued operations. DE
pays to the City approximately $1.6 Million in Franchise Fees (6% of Duke’s Base Revenues) annually for
use of the City’s rights-of-way. The Franchise Area mirrors the city limits of Lake Wales and thus expands
or contracts with the city’s boundaries.
Section 4 (D) of the agreement provides for the use of the City’s rights-of-way for the purpose of
construction or installation of solar-generating facilities by entities other than DE.
Understanding that innovations in energy-generating technology may arise in the future, DE has agreed to a
10- year agreement term that will be renegotiated in a much shorter timeline than the previous Franchise
Agreement.
OTHER OPTIONS 1. Do not approve the Franchise Agreement and direct staff to continue negotiations with
Duke Energy.
FISCAL IMPACT The current-year fiscal impact of the Franchise Agreement is approximately $1.6 Million
revenue into the City’s General Fund.
[End Agenda memo]
James Slaton, City Manager, reviewed this item. He said we are discussing charging stations with Duke
Energy that is outside of this agreement.
Deputy Mayor Gibson said he hopes we push more solar power. There are possibilities for installing solar
panels. He hopes we can go both ways.
Commissioner Krueger said solar power can't be used in an emergency if power goes out. Deputy Mayor
Gibson said power could be stored on batteries. Commissioner Krueger said those are expensive.
Mr. Slaton said they are inching more towards sustainability as a community.
13. 2023 Municipal Election & Canvassing Board Information
[Begin Agenda Memo]
2023 MUNICIPAL ELECTION INFORMATION
The regular Municipal Election of the City of Lake Wales is Tuesday, April 4, 2023. We will elect a
Commissioner for Seat 3 and a Commissioner for Seat 5 for terms of three years beginning May 2, 2023.
Members of the City Commission must be registered voters and residents of the City of Lake Wales for at
least one year preceding their date of election.
The two seats up for election are currently held by the following Commission members:
Seat 3 Commissioner Terrye Howell
Seat 5 Commissioner Robin Gibson
The two seats up for election are currently held by the following Commission members:
Seat 3 Commissioner Terrye Howell
Seat 5 Commissioner Robin Gibson
The Commissioner elected to Seat 3 must reside in Seat 3, and the Commissioner elected to Seat 5 must
reside in Seat 5.
The qualifying period for a person to qualify as a candidate is from 12:00 p.m., noon, Monday, February 13
through 12:00 p.m., noon, Friday, February 17. Candidate packets are available in the City Clerk’s office
beginning 9:00 a.m., Friday, February 3. This packet contains qualifying papers, nominating petitions, and
other necessary information and instructions to qualify as a candidate.
At the end of qualifying the City Clerk must prepare and submit to the Supervisor of Elections Office the
approved ballot by 5:00 p.m. A special City Commission meeting has been scheduled for February 17 at
4:00 p.m. for that purpose. The scheduled special meeting date is also listed on the City Commission
Calendar located under the City Manager portion of the Agenda.
The Municipal Election will be held at the Municipal Administration Building, 201 W. Central Ave., Lake
Wales and at the Lake Ashton Clubhouse, 4141 Ashton Club Drive, Lake Wales on Tuesday, April 4, 2023,
7 a.m. to 7 p.m. The City Commission will reschedule its first meeting in April from 6:00 p.m., Tuesday,
April 4 to 6:00 p.m., Wednesday, April 5. Contact the Supervisor of Elections at 863-534-5888 to request a
Vote By Mail Ballot. Voter registration deadline is March 6, 2023.
CANVASSING BOARD INFORMATION
While the Supervisor of Elections and the City Clerk may perform many of the tasks necessary to conduct
the election, the City Commission serves as the Municipal Canvassing Board and has legal responsibilities
related to the conduct of the Municipal Election. It is necessary to review the responsibilities well in
advance to prevent calendar conflicts because a quorum must be present at all Canvassing Board
meetings.
The following rules apply to all members of the Canvassing Board:
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.
If a lack of a quorum is created on the Canvassing Board due to this rule or any other unavoidable cause,
the City Commission may appoint the city manager, city attorney, or resident/s to serve in the absence of
that commission member/s to serve on the Canvassing Board to avoid a possible lack of quorum (Sec. 8-
26, Lake Wales Code of Ordinances). The City Clerk will prepare an agenda item for the first meeting in
March for the City Commission to appoint additional people to serve on the Canvassing Board. 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 28, 2023; 3:30
p.m. Elections Operations Center, 70 Florida Citrus Blvd. Winter Haven, FL 33880 (behind the Auburndale
Speedway). -At least one member of the Canvassing Board must attend the L&A Testing.
Election Night Canvassing of Ballots Tuesday, April 4, 2023, time to be scheduled by SOE (5:00 p.m. or
later) 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 6, 2023; 5:00
p.m. -A Quorum must be present.
Post-Election Manual Audit Tuesday April 11, 2023 with Time to be determined. Elections Operations
Center, 70 Florida Citrus Blvd. Winter Haven, FL 33880 -A quorum must be present.
[End Agenda memo]
Certification of Election City of Lake Wales Municipal Administration Building Thursday, April 6, 2023; 5:00
p.m. -A Quorum must be present.
Post-Election Manual Audit Tuesday April 11, 2023 with Time to be determined. Elections Operations
Center, 70 Florida Citrus Blvd. Winter Haven, FL 33880 -A quorum must be present.
[End Agenda memo]
Jennifer Nanek, City Clerk, reviewed this item.
14. Discussion - Comments And Petitions
Deputy Mayor Gibson reviewed how the new program went during the last meeting. He recommended
allowing Lake Wales residents that don't live in the City to speak at Commission meetings as we are the
only government for a large community. Many non-residents are involved in Lake Wales organizations. We
need to show leadership to the community. Asking people to sign up will cut down on those who wish
speak already. The number of minutes 3, 4, or 5 he doesn't care.
Commissioner Krueger agreed said that those just outside the limits that are affected by our decisions. We
need to make them welcome. He agrees with requiring people to sign up ahead of time.
Albert Galloway, Jr., City Attorney, said we could modify the resolution to reference zip codes. Deputy
Mayor Gibson suggested the Lake Wales High School attendance zone.
Mayor Hilligoss said he is fine with changing the resolution from 2020 but the parameters should be defined.
He agrees with expanding who can come speak.
Commissioner Howell agreed with a 5 minute limit but objected to the 45 minute limit. At the last meeting
said each commissioner had different ideas on how this should work. She agreed with letting non residents
who live in the Lake Wales area speak. Some of the residents did not know about the form. Some may not
know they want to talk until they get here. Some have questions as they listen to the discussion. Some
citizens have concerns about the departments and the staff is not listening. She lives by a plant that
expanded once without asking nearby residents. The residents in Highland Manor should be able to speak
on an incoming plant nearby.
Mayor Hilligoss said he hears consensus on expanding who can speak but they are limited to agenda
items and within the scope of the City Commission. Questions are best addressed to staff. Citizens can
review the agenda to inform themselves.
Deputy Mayor Gibson said many times questions are a hostile act. Real questions should go to staff. We
want to hear different points of view.
Mayor Hilligoss said Comments and Petitions are used for attacks and people take advantage of that.
Asking people to sign in is not too much.
Commissioner Howell said some are upset about a department such as the Police Department. There have
been problems with the Police Department for years. No one wants to answer questions about this.
Mayor Hilligoss said citizens can come talk about the Police Department but they need to sign up in
advance.
Commissioner Howell asked if they have to do it before the meeting or can they do it during a meeting?
Mayor Hilligoss said the way the Resolution is written they must sign up before the meeting. Mr. Galloway
confirmed this. Commissioner Howell said this should be changed.
Commissioner Krueger said our Police Department does a good job which was reflected in a recent
independent assessment. Commissioner Howell said that assessment was done where the police and
commissioners were the only ones consulted. The citizens in different areas were not consulted. The
assessment looked good but does not tell the whole story.
Mr. Slaton said we have body cams now to help eliminate he said, she said controversies when citizens
interact with police.
independent assessment. Commissioner Howell said that assessment was done where the police and
commissioners were the only ones consulted. The citizens in different areas were not consulted. The
assessment looked good but does not tell the whole story.
Mr. Slaton said we have body cams now to help eliminate he said, she said controversies when citizens
interact with police.
Commissioner Howell said she is fine with signing in but is concerned about requesting additional
information.
Mr. Galloway said we need to establish the area where people can talk from. Deputy Mayor Gibson said the
high school attendance zone.
Mr. Slaton said we can add signage. He asked if citizens need to fill out a form for each item or use one
form. Mayor Hilligoss said one form for multiple items. He will take time to explain the process before the
meeting starts. He said lets give this a shot. We may agree its not working well.
Mr. Galloway said he will modify the resolution and work with the City Clerk to modify the form to allow
multiple items.
Deputy Mayor Gibson suggested that if there is a line of individuals concerning one topic then some can
say they agree with a previous speaker or a group can appoint a spokesperson.
Commissioner Williams said he can agree with this so long as the Mayor has discretion to enforce this. He
is fine with letting people speak for the greater Lake Wales area. He doesn't want to suppress anyone but
wants people to speak in a courteous manner. He said there are other ways to communicate with the
Commission besides the meetings.
Mr. Galloway asked if he should remove the time limit. Commissioner Howell said yes. Mayor Hilligoss said
lets try it for awhile. Commissioner Krueger said we should be prepared that a few people may be cut off.
The speakers should be taken in the order they signed up.
Commissioner Williams said the Mayor needs authority to bring order to the meeting as needed.
Mr. Slaton said we can make the changes and refine this later. This is a work in progress.
15. CITY COMMISSION AND MAYOR COMMENTS
Commissioner Howell asked about the release of body cam footage of Mr. Borders and the dog. For other
similar incidents in other places the footage is released much faster. Its five months later and this situation
is not as serious as other incidents. Everyone doesn't have to see it. Let the family see it. James Slaton,
City Manager, said this is an open investigation and the video will be released as soon as the investigation
is complete. Commissioner Howell shared various examples where the footage was released faster. Albert
Galloway, Jr., City Attorney, said that if anyone sees it then its available to the public. Commissioner
Williams said he has seen it. Mr. Slaton said he will contact Brian Haas, State Attorney, to see what can
be done.
Deputy Mayor Gibson said he represented the CRA in the Grand Hotel in the mediation and that was why
he was there.
16. ADJOURN
The meeting was adjourned at 4:24 p.m.
_____________________
Mayor
ATTEST:
Mayor
ATTEST:
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City Clerk
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