City Commission Workshop Meeting

City Commission Workshop Minutes February 28, 2024 (APPROVED) 2/28/2024 - Minutes 1. CALL TO ORDER & ROLL CALL Members Present: Robin Gibson, Danny Krueger, Keith Thompson, Daniel Williams Member Absent: Mayor Jack Hilligoss Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert Galloway, Jr., City Attorney; Deputy Mayor Gibson called the meeting to order at 2:00 p.m. 2. City Manager Comments James Slaton, City Manager, said the paving of 4 roads has begun. These roads are Frontage, Cohassett, Yarnell, and Hillcrest. More streets will be paved later this year. Mr. Slaton said that Derrick Blue, BizLinc, will come to the CRA meeting and give a more comprehensive presentation and report on their activities. He introduced Dorothy Abbott, Director of Finance, who recommended an outside audit by our auditor Carl Riggs. She reviewed some of the deliverables identified in the contract. In the contract the 1st 2 years are to be reviewed before a decision is made on the 3rd year. She will get a cost estimate. Deputy Mayor Gibson asked if this is a performance audit. Ms. Abbott said the representative made a different recommendation. Deputy Mayor Gibson said that contract compliance is what counts. Mr. Slaton said an objective outside firm coming in to do this work is important. If the cost comes in under the City Manager's discretionary approval they will move forward. If not he will bring it forward to the Commission for review and approval. Commissioner Krueger asked if reports have been submitted and in line with expectations? Mr. Slaton said yes but they could be more detailed and improved. Deputy Mayor Gibson said this is a good idea. The Commission gave consensus to move forward. 3. Southwest Florida Water Management District Request To Construct Monitor Wells And Equipment [Begin Agenda Memo] SUBJECT: Southwest Florida Water Management District Request to construct monitor wells and equipment SYNOPSIS: The city received a request from Southwest Florida Water Management District (District) to authorize a monitor well on two lakes located in the city. This requires an easement and a temporary license agreement with the District. RECOMMENDATION Staff recommends that the Commission:  SYNOPSIS: The city received a request from Southwest Florida Water Management District (District) to authorize a monitor well on two lakes located in the city. This requires an easement and a temporary license agreement with the District. RECOMMENDATION Staff recommends that the Commission: 1. Approve the Perpetual Easement and Temporary License Agreement for Lake Bonnie and N. Lake Wales. 2. Authorize the Mayor to sign the agreements. BACKGROUND The District Land Resources Bureau reached out to the city to ask if the city would authorize monitor wells at Lake Bonnie and N. Lake Wales. A pamphlet with well information is attached. The attached Exhibits show the location of the easements. The temporary license is to allow access for construction. The perpetual easement allows the District to enter upon, over and across and to use any lands described. The agreements include language to protect, indemnify and hold harmless. I spoke with our water modeling consultant, Joe Haber, Respec, and he didn’t feel there was any concern or issue in allowing the wells on these two lakes. He forwarded a copy of the two lakes Minimum and Guidance Levels reports. Let me know if you would like a copy. City Attorney has reviewed the documents and states they are ready to present for approval. FISCAL IMPACT $10 revenue for each Perpetual Easement. [End Agenda Memo] Sara Irvine, Special Projects Administrator, reviewed this item. Deputy Mayor Gibson asked to confirm that North Lake Wailes is dry? Ms. Irvine said they will find out. Deputy Mayor Gibson said he remembers when there was water. Ms. Irvine said they still need that data and are looking to update their reports on lakes. Commissioner Krueger said they are going down into the aquifer? Ms. Irvine confirmed this to determine the maximum level. 4. RESOLUTION 2024-01 - Rescind Brookshire Lighting District [Begin Agenda Memo] Synopsis: Resolution 2024-01 serves to rescind the Brookshire Lighting District. Historical analysis: Lake Wales Ordinance 2010-10 provided for creation of the Brookshire Street Lighting Assessment Area (the “District”) when the development’s homeowners association was unable to properly fund the District following the real estate market downturn which stopped the build out of the development which would have provided sufficient numbers of members of the association to properly pay the annual costs associated with the enhanced lighting installed by the developer of Brookshire. The homeowners association is now able to assume responsibility for payment for the street lighting and has advised of it willingness to do so. Adoption of Resolution 2024-01, as provided for in Ordinance 2010-10 will relive the City’s Finance Department from further responsibility for collecting funds for payment of the costs of street lighting within Brookshire. Recommendation: That the City Commission adopt Resolution 2024-01. [End Agenda memo] Dorothy Abbott, Finance Director, reviewed this item. Deputy Mayor Gibson asked if the lights will be functioning. Ms. Abbott confirmed this. Deputy Mayor Gibson asked if the paid us a fee. Ms. Abbott said yes, $300 a year. The Homeowner Association can take it over. Mr. Slaton said they are perfectly fine to do this.  Dorothy Abbott, Finance Director, reviewed this item. Deputy Mayor Gibson asked if the lights will be functioning. Ms. Abbott confirmed this. Deputy Mayor Gibson asked if the paid us a fee. Ms. Abbott said yes, $300 a year. The Homeowner Association can take it over. Mr. Slaton said they are perfectly fine to do this. 5. Fuel Master FMLive Cloud Software License And Hardware Components Purchase [Begin Agenda Memo] SYNOPSIS: The City Commission will consider approving the purchase agreement for the Fuel Master FMLive cloud software license and hardware components. RECOMMENDATION It is recommended that the City Commission take the following action(s): 1. Approve the purchase agreement for the Fuel Master FMLive cloud software license and hardware components in the amount of $29,490.05 per Syntech Systems Inc. quotation number 02132024. 2. Authorize the City Manager to execute the necessary documents on behalf of the city. BACKGROUND The city’s current fuel management software and accompanying hardware are due for replacement. Staff is requesting approval to purchase an FMLive cloud software license and required hardware components from the vendor Syntech Systems Inc. Quote number 02132024 includes pricing for the purchase of an FMLive cloud software license and required hardware components for all three fuel depot locations. The city’s fuel management software system plays a critical role in city operations. The software allows staff to track fuel consumption and is utilized to manage fuel keys which allow the city’s fleet to fuel their vehicles. Benefits of the FMLive cloud software include: • Real-time analytics related to fuel consumption. • Streamlined fuel key management. • Business Continuity - Staff will be able to access FMLive cloud software anywhere the Internet is available. In accordance with section 2-403(D) of the city’s Code of Ordinances, competitively bid purchasing agreements via cooperative purchasing programs may be utilized for procurement. The city is a member of Sourcewell a cooperative purchasing program and utilized contract 092920-SYS, awarded to Systech Systems Inc., to provide pricing for quote # 02132024. OTHER OPTIONS The Commission may elect not to approve the purchase agreement for Fuel Master FMLive cloud software license and hardware components. FISCAL IMPACT The total cost of the aforementioned item is $29,490.05. A $35,000 capital expenditure has been appropriated in the fiscal year 2023-2024 budget for this project. The FMLive cloud software license is subscription-based and will expire annually. The annual subscription renewal cost will be $7,056 which includes software access, cellular service, and support. The current Fuel Master software annual cost is $4,962, which includes software access, telephone lines, and support. If approved the city will incur an increase of $2,094 in the fiscal year 2024-2025 budget. [End Agenda Memo] Kevin Sunderland, Chief Information Officer, reviewed this item. Deputy Mayor Gibson confirmed that staff recommended approval. Mr. Slaton said yes. 6. RESOLUTION 2024-05 WW5303E Lake Wales Wastewater Treatment Plant Headworks Rehabilitation [Begin Agenda Memo] SYNOPSIS: In order to receive State Revolving Loan Funds (SRF) for any given project, a resolution for adoption by the City stating its financial position, its authority to apply for these funds, and to designate the Mayor, as the authorized signer for the loan documents is required.  [Begin Agenda Memo] SYNOPSIS: In order to receive State Revolving Loan Funds (SRF) for any given project, a resolution for adoption by the City stating its financial position, its authority to apply for these funds, and to designate the Mayor, as the authorized signer for the loan documents is required. STAFF RECOMMENDATION Staff recommends the City Commission take the following action: 1. Approve the submittal of the application for project LS5303D Lead and Copper Service Line Inventory. 2. Adopt Resolution 2024-05 WW5303E Lake Wales Wastewater Treatment Plant Headworks Rehabilitation. 3. Authorized the Mayor to sign all SRF documents related to this project. BACKGROUND The City owns and operates a Domestic Wastewater Treatment facility that has a permitted capacity for 2.19 million gallons per day of flow. The facility is a Type 1 oxidation ditch wastewater treatment facility consisting of; headwork’s with a manual bar screen, one fine mechanical screen, one grit removal chamber, one aerated oxidation ditch equipped with a biological nutrient reduction system, two clarifiers, two automatic backwash filters, two chlorine contact chambers, two aerobic digesters and a sludge polymer feed system and screw press. This facility operates to provide secondary treatment with high-level disinfection. The head works of the wastewater treatment plant is the initial stage in the wastewater treatment process. This process reduces the level of pollutants in the incoming domestic and industrial wastewater to a level that will allow the treated wastewater or effluent to be discharged or sprayed onto dedicated land areas where it is used for the irrigation of lawns, crops, and golf courses. The complete process includes preliminary treatment, primary treatment, secondary treatment and often-tertiary treatment. The primary function of the headworks is to remove inorganics such as sticks, stones, grit and sand from the wastewater stream to protect and reduce wear on the downstream process equipment. Equipment in the headworks may include pumps, mechanical screens, screening compactors, grit removal systems and grit washing systems. This piece of equipment is original to the construction of the wastewater plant, and is at the end of its useful life. Not completing the rehabilitation of the headworks will continue to put extreme ware on the equipment in the wastewater treatment process downstream of it. Staff recommends the commission consider taking the following action, adopt Resolution 2024- 05, approve the submittal of the application to SRF for project WW5303E Lake Wales Wastewater Treatment Plant Headworks Rehabilitation, and authorize the Mayor to sign all SRF documents related to this project. OPTIONS The Commission could choose not to approve the resolution. The application for funding cannot be submitted without the approval of the resolution. Therefore, the contract documents cannot be prepared by SRF and the City would forfeit the funds awarded for this much-needed rehabilitation. FISCAL IMPACT SRF has approved $7,350,110.00 for the Lake Wales Wastewater Treatment Plant Headworks Rehabilitation. While SRF has awarded the entire cost as stated above, SRF has also deemed the entire cost of the project as loan forgiveness. The fiscal impact to the city is one of paying the invoices as they are submitted. Once the invoices are processed, staff submits disbursement requests to SRF for reimbursement. [End Agenda Memo] Sarah Kirkland, Utilities Director, reviewed this item. Commissioner Thompson said this is a loan/grant. Ms. Kirkland confirmed this. Sometimes projects are confirmed for the entire amount to be forgiven. This doesn't happen often. 7. RESOLUTION 2024-07 LS5303D Lead And Copper Service Line Inventory [Begin Agenda Memo]  confirmed for the entire amount to be forgiven. This doesn't happen often. 7. RESOLUTION 2024-07 LS5303D Lead And Copper Service Line Inventory [Begin Agenda Memo] SYNOPSIS: In order to receive State Revolving Loan Funds (SRF) for any given project, a resolution for adoption by the City stating its financial position, its authority to apply for these funds, and to designate the Mayor, as the authorized signer for the loan documents is required. STAFF RECOMMENDATION Staff recommends the City Commission take the following action: 1. Approve the submittal of the application for project LS5303D Lead and Copper Service Line Inventory. 2. Adopt Resolution 2024-07 LS5303D Lead and Copper Service Line Inventory. 3. Authorized the Mayor to sign all SRF documents related to this project. BACKGROUND In 1974, Congress passed the Safe Drinking Water Act. This law requires EPA to determine an acceptable level of contaminants that can exist in drinking water without causing adverse health effects. These non-enforceable health goals, based solely on possible health risks are called maximum contaminant level goals (MCLGs). The MCLG for lead is zero. EPA has set this level based on the best available science, which shows there is no safe level of exposure to lead. On August 4, 2022, EPA released Guidance for Developing and Maintaining a Service Line Inventory, which is aimed at supporting water systems with their efforts to develop inventories and to provide states with needed information for oversight and reporting to EPA. The guidance provides essential information to help water systems comply with the Lead and Copper Rule Revisions requirement, to prepare and maintain an inventory of service line materials by October 16, 2024. The Commission at its January 16, 2024 commission meeting approved entering into an engineering contract with Dewberry Engineering, Inc. to assist staff with preparing a Lead and Cooper Service Line Inventory for Lake Wales. Because of the requirement to have these inventories completed by October 16, 2024, The Florida Department of Environmental Protection (FDEP) has set aside funding to assist municipalities in this task. Staff recommends the commission consider taking the following action, adopt Resolution 2024- 07, approve the submittal of the application to SRF for project LS5303D Lead and Copper Service Line Inventory, and authorize the Mayor to sign all SRF documents related to this project. OPTIONS The Commission could choose not to approve the resolution. Without the approval of the resolution, the application for funding cannot be submitted. Therefore, the contract documents cannot be prepared by SRF and the City would forfeit the funds awarded. FISCAL IMPACT SRF has approved $177,840 total for the Lead and Copper Service Line Inventory. A portion of the project has a grant component associated with it labeled as loan forgiveness. The loan forgiveness portion is $87,142. The City’s fiscal portion of this project is $90,698. [End Agenda Memo] Sarah Kirkland, Utilities Director, reviewed this item. Commissioner Krueger asked why one project got half on one and all of it on the other. Ms. Kirkland said one is a clean water project and the other is a drinking water project. Clean water projects will get more loan forgiveness to address contaminated water. 8. Contract Award – Gill’s Heating & Cooling, Inc. [Begin Agenda Memo] SYNOPSIS: The City Commission will consider the approval of the vendor selection of Gill’s Heating and Cooling, Inc. for HVAC repair and replacement services. RECOMMENDATION It is recommended that the City Commission take the following action(s):  [Begin Agenda Memo] SYNOPSIS: The City Commission will consider the approval of the vendor selection of Gill’s Heating and Cooling, Inc. for HVAC repair and replacement services. RECOMMENDATION It is recommended that the City Commission take the following action(s): 1. Approve the contract with Gill’s Heating and Cooling, Inc.; and 2. Authorize the City Manager to execute the contract on behalf of the City. BACKGROUND On January 15, 2024 the City of Lake Wales advertised a Request for Proposal that the City was seeking a qualified vendor to repair existing HVAC units and replace units in all City buildings when needed. A non-mandatory pre-bid meeting was held on Friday, January 24, 2024 at 2:00 p.m. and bids were opened on Wednesday, January 31, 2024 at 2:00 p.m. The agreement will be for the term beginning March 6, 2024 through February 28, 2027 with the option to re-new for two (2) additional one year terms upon the mutual agreement by both parties. Staff received four proposals: McCloskey Mechanical Contractors, Inc., Gill’s Heating & Cooling, Inc., Gibson Air Conditioning & Refrigeration, LLC., GC Plus, LLC. Gill's hourly rate for services, response time, location and experience made them the vendor of choice for this agreement. OTHER OPTIONS The City Commission may choose not to approve this agreement. FISCAL IMPACT Fees will be determined per project. [End Agenda Memo] Stephanie Lutton, Parks and Recreation Director, reviewed this item. 9. Contract Award – Gill’s Heating & Cooling, Inc. Kirkland Gym [Begin Agenda Memo] SYNOPSIS: The City Commission will consider authorizing Gills Heating and Cooling, Inc. to replace the HVAC System at Kirkland Gymnasium. RECOMMENDATION It is recommended that the City Commission take the following action(s): 1. Authorize staff to expend funds in the amount of $26,600 for the replacement of the HVAC System at Kirkland Gymnasium. 2. Authorize the City Manager to execute the contract on behalf of the City. BACKGROUND The City Commission approved $30,000 in the FY’24 budget to replace the HVAC System at Kirkland Gymnasium for the downstairs portion of the facility. The proposal submitted by Gills Heating and Cooling, Inc. is $26,600, $4,000 less than budget appropriations. OTHER OPTIONS The City Commission may choose not to approve. FISCAL IMPACT Gill’s Heating and Cooling, Inc. proposal of $26,600 is $4,000 less than the $30,000 budget appropriation [End Agenda memo] Stephanie Lutton, Parks and Recreation Director, reviewed this item. Deputy Mayor Gibson said the current air conditioning system in the gym is noisy. He hopes this will be quieter. Ms. Lutton said this is for the downstairs only. They can look into replacing the AC for the main area. 10. Appointment Of Alternate Canvassing Board Members  Deputy Mayor Gibson said the current air conditioning system in the gym is noisy. He hopes this will be quieter. Ms. Lutton said this is for the downstairs only. They can look into replacing the AC for the main area. 10. Appointment Of Alternate Canvassing Board Members [Begin Agenda memo] SYNOPSIS: It is necessary for the Commission to appoint alternate members to serve on the City of Lake Wales Canvassing Board. RECOMMENDATION It is recommended that the City Commission take the following action: 1. Appoint residents Al Goldstein, Terrye Howell and Eugene Fultz to serve as alternate members to the Lake Wales Canvassing Board. 2. Designate the City Clerk and/or Deputy City Clerk to represent the Canvassing Board at the Pre-election Logic and Accuracy Testing of Tabulating Equipment (L&A) on Tuesday, March 26, 2024 at 3:30 p.m. The City Clerk is required to attend the L&A Testing but if unavailable it is necessary to authorize a person to attend on behalf of the City Clerk if a Canvassing board member is unavailable to attend the L&A Testing. BACKGROUND The City Commission serves as the Canvassing Board and has legal responsibilities related to the conduct of the Municipal Election. However, there are legal rules that apply. No member can serve if they are a candidate with opposition in the election being canvassed or is actively participating in the campaign or the candidacy of any candidate who has opposition in the election being canvassed. Actively participating means undertaking an intentional effort to demonstrate or generate public support for a candidate beyond merely making a campaign contribution. Refer to DE 8-10; 09-07. There are two seats up for election and one of the Commission members is running in the election so those members do not qualify to serve on the Canvassing Board. Three members are necessary for a quorum. Even with four members it is still necessary for the Commission to appoint alternate members to serve on the Canvassing Board if a lack of a quorum is created on the Canvassing Board due to the legal rules that applies or any other unavoidable cause. In accordance with Sec. 8-26, Lake Wales Code of Ordinances, the City Commission may appoint the city manager, city attorney, or a resident/s to serve as a member to the Canvassing Board in the absence of the Commission member creating the lack of quorum. Al Goldstein, Eugene Fultz, and Terrye Howell have served as canvassing board members previously and on other City boards. The City Clerk recommends their appointment. Per Florida Statute, Canvassing Board members are required to attend the following meetings. Pre-election Logic and Accuracy Testing of Tabulating Equipment (L&A) Tuesday, March 26, 2023; 3:30 p.m. Elections Operations Center, 70 Florida Citrus Blvd. Winter Haven, FL 33880 (behind the Auburndale Speedway). -At least 1 member of the Canvassing Board or representative must attend the L&A Testing. Election Night Canvassing of Ballots Tuesday, April 2, 2024, time to be scheduled by SOE (5:00 p.m.) Elections Operations Center, 70 Florida Citrus Blvd. Winter Haven, FL 33880 -A quorum must be present and must remain until all ballots are tabulated. Certification of Election City of Lake Wales Municipal Administration Building Thursday, April 4, 2024; 5:00 p.m. -A Quorum must be present. Post-Election Manual Audit Tuesday April 9, 2024, 11:00 a.m. 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. 11. CITY COMMISSION AND MAYOR COMMENTS Commissioner Thompson reported on the Citizens and Police Community Relations Advisory Board. The  Jennifer Nanek, City Clerk, reviewed this item. 11. CITY COMMISSION AND MAYOR COMMENTS Commissioner Thompson reported on the Citizens and Police Community Relations Advisory Board. The main topic was traffic around Janie Howard Wilson Elementary School. Representatives from the Charter School were in attendance. He hopes the issue can get resolved. Commissioner Thompson said that regarding the work session Friday he appreciates the transparency done by tweets on Twitter. The live tweets don't convey the tone and context of the discussion. He said maybe we need invest in recording equipment. Mr. Slaton said the concern is noted and that the meeting was recorded on the laptop. Deputy Mayor Gibson said he has heard concerns about the City is not responding to emails or other communications. He recommended a staff person to handle constituent services. This person would advocate for the constituents. Maybe this only needs to be a half-time person. This can free up the City Manager to do big stuff. Commissioner Thompson agreed with this suggestion. This is worth considering. Most complaints come from a lack of understanding or knowledge on how the system works. A buffer could be important. We need to improve our customer interface. Mr. Slaton said this a problem for him. He rarely checks emails. Commissioner Krueger suggested that some staff members may feel defensive. Some staff may need training on customer service to appear more helpful. Mr. Slaton said we don't get a lot of customer service complaints. We need to streamline things and make them more efficient. Customer service training is available. He will sort this out. 12. ADJOURN The meeting was adjourned at 2:37p.m. _____________________ Mayor ATTEST: ____________________ City Clerk