City Commission Workshop Meeting

Commission Work Shop Meeting Minutes September 27, 2023 (APPROVED) 9/27/2023 - Minutes 1. CALL TO ORDER & ROLL CALL Members Present: Robin Gibson, Danny Krueger, Keith Thompson, Daniel Williams Members Absent: Mayor Jack Hilligoss Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert C. Galloway, Jr. In the absence of Mayor Hilligoss, Deputy Mayor Gibson called the meeting to order at 2:00 p.m. 2. City Manager Comments 3. RESOLUTION 2023-15, PACE Program Participation [Begin Agenda Memo] SYNOPSIS Resolution 2023-15 prepared by the City Attorney rescinds Resolution 2018-31 which established a Property Assessed Clean Energy (PACE) program in the City and associated interlocal agreements with the Florida Green Finance authority, The Green Corridor PACE District, Florida Resiliency and Energy District and the Florida PACE Funding Agency. RECOMMENDATION Staff recommends that Commission adopt Resolution 2023-15 and authorize the Mayor and City Attorney to proceed with the required program termination procedures. BACKGROUND Section 163.08, Florida Statutes, creates the framework for the administration of PACE programs, wherein property owners enter into financing agreements to obtain specified qualifying improvements that are paid through the levy of non-ad valorem assessments on the property owners tax bills. On December 18, 2018, the City of Lake Wales adopted Resolution Number 2018-31, creating a PACE program in the city. The PACE program was authorized to allow homeowners to make energy efficient improvements to residences such as adding solar panels or energy efficient heaters and pay for those improvements on their tax bills. Subsequently, throughout the state several Florida counties have raised concerns about the PACE program providing loans to the consumer due to a lack of oversight and consumer protections. In January of 2023, the Florida PACE Funding Agency sent letters to county governments stating that they no longer need to have a county or municipal resolution to issue loans. The Florida Pace Funding Agency claims that a judge's ruling in a Leon County bond validation proceeding in October of 2022 gives it the "independent authority to carry out its mission of offering PACE financing statewide, without requiring additional efforts from individual counties or cities." Now, Florida PACE states they will no longer follow county or city regulations. Accordingly, the PACE program is now being challenged across the state. Palm Beach and Pinellas County have initiated litigation with PACE due to the number of liens the program has imposed on residential homes. Several other Florida counties, including Port St. Lucie have also taken legal action to stop the operation of Florida PACE without  additional efforts from individual counties or cities." Now, Florida PACE states they will no longer follow county or city regulations. Accordingly, the PACE program is now being challenged across the state. Palm Beach and Pinellas County have initiated litigation with PACE due to the number of liens the program has imposed on residential homes. Several other Florida counties, including Port St. Lucie have also taken legal action to stop the operation of Florida PACE without an interlocal agreement with the county or a local city. The Florida Tax Collector’s Association disputes the claims of the Florida Pace Funding Agency. Nine Tax Collector’s around the state are currently being sued by the Florida Pace Funding Agency for not collecting non-ad valorem assessments that lack a local county agreement. The Polk County Tax Collector disputes the assertions from the Florida Pace Funding Agency. The Polk County Board of County Commissioners passed a resolution June 6, 2023, authorizing the County to “join litigation that contests the ability of the Tax Collector to collect non-ad valorem assessments on property located in unincorporated Polk County without Polk County entering into an interlocal agreement authorizing such assessments.” The Commission noted in the resolution that PACE assessments without an interlocal agreement in place would infringe upon Polk County’s Constitutional and Home Rule authority. For many years, Joe G. Tedder, Tax Collector for Polk County has advised local governments to use caution in entering into interlocal government agreements with PACE due to concerns over consumer protection and the belief that the uniform method for property tax collection (through the property tax bill), should not be used for the collection of consumer debt. FISCAL IMPACT There is no fiscal impact as a result of adopting Resolution 2023-15. OTHER OPTIONS Commission could choose not to adopt Resolution 2023-15. [End Agenda Memo] James Slaton, City Manager, reviewed this item. Commissioner Thompson said this is awesome. He has heard horror stories about these. 4. Task Order NO. 7 Hoyle Tanner Project No. 855734 [Begin Agenda Memo] SYNOPSIS: Hoyle Tanner is the contracted consultant for Alternative Water Supply. Staff is requesting their services to identify potential non-public water supplies to be transferred to the City Water Use Permit (WUP). An option other than development of a Lower Floridan Aquifer water RECOMMENDATION Authorize Task Order NO. 7 – Services Related to Proposed WUP Modification and Water Supply Strategy. BACKGROUND As part of the Alternative Water Supply report, staff and consultants seek to obtain additional Upper Floridan Aquifer (UFA) permitted withdrawal capacity primarily through the use of Land Use Transfers (LUTs) working with development applicants. Hoyle, Tanner and its hydrogeological consultant, Respec, will provide technical support and analysis which may include potential LUT evaluation; hydrogeological modeling; conceptual facilities planning and cost/benefit analysis; water demand projection updating; and related documentation and assistance to support the WUP modification application. FISCAL IMPACT Not to exceed $187,600. ATTACHMENT Task Order No. 7 [End Agenda Memo] James Slaton, City Manager, reviewed this item. Deputy Mayor Gibson said that someday regardless of the cost it will be a matter of getting the water period.  [End Agenda Memo] James Slaton, City Manager, reviewed this item. Deputy Mayor Gibson said that someday regardless of the cost it will be a matter of getting the water period. Commissioner Thompson said we want to be sure we are doing things correctly about usage. Mr. Slaton said our team is really good. Commissioner Krueger said it is important to have control use instead of SWFWMD. Mr. Slaton said this will allow us to increase capacity without drawing from the aquifer from wells already permitted. This is our best option. Commissioner Krueger asked what volumes we are talking about. Sara Irvine, Special Projects Administrator, said $1.2 million. 5. ORDINANCE 2023-29 Petition To Establish The Peace Crossing Community Development District (CDD) – 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Ordinance 2023-29 proposes the establishment of the Peace Crossing Community Development District (hereinafter referred to as the “CDD”), as petitioned by Lake Wales Property Holdings, LLC pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes. RECOMMENDATION Staff recommends adoption after second reading of Ordinance 2023-29 following a public hearing. Public Hearing notice requirements have been met. A recommendation from the Planning and Zoning Board is not required for the establishment of a CDD. BACKGROUND The Peace Crossing CDD is proposed for the 1,943-acre Master Development Plan (MDP) Lake Wales Mixed Use Project, also referred to as the Winter Haven Corp property, approved in 2021. The MDP allows up to 6,100 residential units of different dwelling types, and up to 725,000 sq. ft. of non- residential uses. Staff reviewed the CDD submittal for consistency with the “Uniform Community Development Act of 1980”, Chapter 190, Florida Statutes, which sets forth the exclusive and uniform method for establishing a community development district for the land area for which the CDD would manage and finance the delivery of basic services. The proposed petition meets the requirements of Chapter 190. Peace Crossing would be the 4th established in the City to date. Other established developments with CDDs includes Lake Ashton, Leoma’s Landing, and Hunt Club Grove. The proposed Infrastructure Plan is listed below: EXHIBIT 6 LIST OF FACILITIES AND O&M RESPONSIBILITY Description Construction Ownership Capital Financing* O&M Entity Stormwater Management Facilities District District District Bonds District Potable Water System District City of Lake Wales Utilities Department District Bonds City of Lake Wales Utilities Department Reclaimed Water System District City of Lake Wales Utilities Department District Bonds City of Lake Wales Utilities Department Sanitary Sewer System District City of Lake Wales Utilities Department District Bonds City of Lake Wales  Utilities Department Reclaimed Water System District City of Lake Wales Utilities Department District Bonds City of Lake Wales Utilities Department Sanitary Sewer System District City of Lake Wales Utilities Department District Bonds City of Lake Wales Utilities Department Public Roadway Construction District City of Lake Wales District Bonds City of Lake Wales Offsite Roadway Improvements** District Polk County /FDOT District Bonds Polk County /FDOT Amenities** District District District Bonds District Common Area Landscape, Hardscape, Irrigation*** District District District Bonds District *Developer may contribute toward development costs **Improvements to be defined ***Common area includes parks, trails, open-space, monumentation, conservation areas, buffers, etc. OTHER OPTIONS Decline request to establish Peace Crossing CDD. FISCAL IMPACT Once water, wastewater, and reclaim water, and public roadway improvements are constructed at the developer’s expense, these facilities will be subsequently dedicated to the City for operation and maintenance and will create a long-term fiscal impact. The utility system is valued at approximately $11,562,000. Based on an average monthly utility bill of $70.00 per single-family home within city limits, the City may collect over $5,124,000 in utility bill fees annually within the Winter Haven Corp/Peace Crossing development once built out. [End Agenda Memo] James Slaton, City Manager, reviewed this item. 6. Approval Of Application For HMGP Grant Application For City Hall Roof [Begin Agenda Memo] SYNOPSIS: The City Commission will consider approval of a HMGP grant application for $369,130.50 for a roof at City Hall. RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve the Hazard Mitigation Grant Program (HMGP) application submitted to the Federal Emergency Management Agency (FEMA). 2. Authorize the City Manager to execute the necessary documents on behalf of the City. BACKGROUND FEMA’s Hazard Mitigation Grant Program provides funding to state, local, tribal and territorial governments so they can develop hazard mitigation plans and rebuild in a way that reduces, or mitigates, future disaster losses in their communities. This grant funding is available after a presidentially declared disaster. The total estimated project cost is $369,130.50 for a roof at City Hall. The City would be responsible for 25% of the project cost at approximately $92,282.62. The estimated project timeline for completion is 24 months. OTHER OPTIONS Do not approve the HMGP grant application. FISCAL IMPACT There is a 25% local match required in the amount of $92,282.62. Fiscal Impact Study prepared by the Finance Department is attached.  OTHER OPTIONS Do not approve the HMGP grant application. FISCAL IMPACT There is a 25% local match required in the amount of $92,282.62. Fiscal Impact Study prepared by the Finance Department is attached. [End Agenda Memo] James Slaton, City Manager, reviewed this item. Commissioner Krueger asked where the grant is from. Mr. Slaton said it was a Hazard Mitigation Grant from the state. Commissioner Krueger said that its our money anyway. 7. Approval Of Application For HMGP Grant Application For City Hall Generator [Begin Agenda Memo] SYNOPSIS: The City Commission will consider approval of a HMGP grant application for $145,975 for a generator at City Hall. RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve the Hazard Mitigation Grant Program (HMGP) application submitted to the Federal Emergency Management Agency (FEMA). 2. Authorize the City Manager to execute the necessary documents on behalf of the City. BACKGROUND FEMA’s Hazard Mitigation Grant Program provides funding to state, local, tribal and territorial governments so they can develop hazard mitigation plans and rebuild in a way that reduces, or mitigates, future disaster losses in their communities. This grant funding is available after a presidentially declared disaster. The total estimated project cost is $145,975.00 for a generator at City Hall. The City would be responsible for 25% of the project cost at approximately $36,493.75. The estimated project timeline for completion is 18 months. OTHER OPTIONS Do not approve the HMGP grant application. FISCAL IMPACT There is a 25% local match required in the amount of $36,493.75. Fiscal Impact Study prepared by the Finance Department is attached. [End Agenda Memo] James Slaton, City Manager, reviewed this item. 8. Lake Wales High School Homecoming Parade 2023 Special Event And Road Closings [Begin Agenda Memo] SYNOPSIS: Approval of the special event permit application and the request for street closings will allow the Lake Wales High School Homecoming Parade to be held on Thursday, October 12, 2023. RECOMMENDATION It is recommended that the City Commission take the following action: • Approve the special event permit application from Lake Wales High School for the Homecoming Parade to be held Thursday, October 12, 2023 from 4:00 pm to 5:30 pm. • Approve the request for the road closing of First Street from SR60 to Central Avenue, Central Avenue from First Street to Lake Shore Boulevard, and Lake Shore Boulevard from Central Avenue to North Wales Drive at Legion Field, and Orange Avenue and N 5th Street to Sessoms Avenue. BACKGROUND Mr. Anuj Saran, Principal of the Lake Wales High School submitted a special event permit application for the Homecoming Parade to be held on Thursday, October 12, 2023 between the hours of  • Approve the request for the road closing of First Street from SR60 to Central Avenue, Central Avenue from First Street to Lake Shore Boulevard, and Lake Shore Boulevard from Central Avenue to North Wales Drive at Legion Field, and Orange Avenue and N 5th Street to Sessoms Avenue. BACKGROUND Mr. Anuj Saran, Principal of the Lake Wales High School submitted a special event permit application for the Homecoming Parade to be held on Thursday, October 12, 2023 between the hours of 4:00 pm and 5:30 pm. Parade line up begins at 3:30 p.m. in the parking lot of Polk Avenue Elementary School and on south First Street with the parade starting at 4:00 p.m. The requested temporary street closings will involve the following streets; First Street from State Road 60 north to Central Avenue, east on Central Avenue crossing SR 17 and continuing to Lake Shore Blvd., north on Lake Shore Blvd. to North Wales Drive, Orange Avenue to N 5th Street, N 5th Street to Sessoms Avenue All Departments have reviewed the application and have approved the event. The Charter Schools have provided the required proof of liability insurance. OTHER OPTIONS Do not approve the request for the Homecoming Parade and the road closings for the event. FISCAL IMPACT In-kind service from the City is estimated to be $2,108 for FY2023/2024. Lake Wales High School is responsible for 25% of the total cost or approximately $527. [End Agenda Memo] Jennifer Nanek, City Clerk, reviewed this item. 9. Board Appointment To Tree Advisory Board [Begin Agenda Memo] SYNOPSIS: Appointment to fill a vacancy on the Tree Advisory Board RECOMMENDATION Staff recommends that the Mayor and Commission make the following appointments as deemed appropriate. 1. Appoint Susan Webb to the Tree Advisory Board to a new term to expire July 1, 2026 BACKGROUND On April 7th 2022 the City Commission approved the creation of the Tree Advisory Board. The Mayor makes appointments to various citizen advisory and regulatory boards, commissions, committees, and authorities with the advice and consent of the City Commission (City Charter, Sec. 3.06). Tree Advisory Board (City Code Sec. 2-201) – The board consists of five (5) voting member. A majority of the members must reside or own property within the City limits. 1 member shall be a current or retired professional arborist, landscape architect or landscape planner. One member shall be a current or retired real estate investor, developer or equivalent. Terms are 3 years but the first appointments must be staggered. • There is no interview process requirement for applicants applying for appointment to this board. • Members are not required to file an annual Form 1, Statement of Financial Interests • Current Vacancies: 1 Vacancy Current Members: Preston Troutman 8/2/2022 - 7/1/2025 1 Mandy Cilliers 8/2/2022 -7/1/2025 1 Robert Connors 8/2/2022 - 7/1/2024 P  Preston Troutman 8/2/2022 - 7/1/2025 1 Mandy Cilliers 8/2/2022 -7/1/2025 1 Robert Connors 8/2/2022 - 7/1/2024 P David Price 8/2/2022 – 7/1/2024 P Susan Webb 12/6/2022 – 7/1/2023 P The Tree Advisory Board recommended the reappointment of Susan Webb. Applying for Appointment: Susan Webb for a term that expires 7/1/2026 OPTIONS Do not appoint those that have applied. FISCAL IMPACT None. These are volunteer boards. [End Agenda Memo] Jennifer Nanek, City Clerk, reviewed this item. Commissioner Thompson asked what the Tree board does. James Slaton, City Manager, said they talk about trees in the City and this makes us eligible for grants. Deputy Mayor Gibson asked if we have a tree protection ordinance. Mr. Slaton said we do and reviewed the process for replacing trees. Mr. Slaton said we have a new horticulturist on board that will be helping with these efforts. 10. CITY COMMISSION AND MAYOR COMMENTS Commissioner Krueger reported on the Planning and Zoning board meeting last night where the plan for ADS was approved. He commended the ADS executives who attended. There was a discussion of trees being planted as a buffer. A landscape architect was consulted on this. Commissioner Williams said he is excited about ADS getting approved. Commissioner Thompson said he is excited about that too and the new bus route. It will be great for our residents. Deputy Mayor commended the draft of the Lake Wales Envisioned Plan. It is the best he has seen. The plan was discussed. 11. ADJOURN The meeting was adjourned at 2:15 p.m. _____________________ Mayor ATTEST: ____________________ ATTEST: ____________________ City Clerk