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City Commission Workshop Meeting

Regular Meeting

Lake Wales, FL · February 12, 2025

AgendaMinutes

Minutes

City Commission workshop Meeting Minutes February 12, 2025 (APPROVED) 2/12/2025 - Minutes 1. CALL TO ORDER & ROLL CALL Members Present: Mayor Jack Hilligoss, Robin Gibson, Keith Thompson, Daniel Williams, Carol Gillespie 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 3. ORDINANCE 2025-01, Amending Ordinance 2024-21, Relating To Republic Services Solid Waste Franchise Contract – First Reading [Begin Agenda Item] SYNOPSIS Amendment of Ordinance 2024-21, five-year contract for solid waste services with Republic Services of Florida, Limited Partnership. RECOMMENDATION It is recommended that the City Commission approve Ordinance 2025-01, amending the five-year contract with Republic Services after first reading. BACKGROUND In October 2024, the City Commission adopted Ordinance 2024-21, a five-year contract with Republic Services. However, there was a clerical error relating to bulk and yard waste pickup. Under the expiring solid waste contract, bulk and yard waste used to be picked up weekly, however under the new contract bulk and yard waste was negotiated to every other week pickup. This change was done in order to try to keep the solid waste costs down for the citizens. Due to a clerical error, the wording within the contract was not changed from weekly to every other week, Section 1(a) bulk pickup and Section 2(a)-yard waste pickup. OTHER OPTIONS Should the City Commission want bulk and yard waste picked up every week the cost per residential residence would be $27.58. Should the City Commission want to keep bulk and yard waste picked up every other week the cost would be $25.51 (Difference of $2.07 per month, or $24.84 annual). FISCAL IMPACT Should the City Commission decide to have bulk and yard waste pickup every week, staff would recommend that the additional costs of $2.07 per month be added to the customers’ billing for Solid Waste Services. [End Agenda Memo] Dorothy Abbott, Finance Director, reviewed this item. Commissioner Gillespie asked to confirm that this is just applicable to bulk and tard waste? Regular trash will still be picked up once a week. [End Agenda Memo] Dorothy Abbott, Finance Director, reviewed this item. Commissioner Gillespie asked to confirm that this is just applicable to bulk and tard waste? Regular trash will still be picked up once a week. James Slaton, City Manager, asked about a possible trial period. Mary Boyer, Republic Services, said a trial period is possible. 4. ORDINANCE 2024-43 Amending Chapter 16, Pensions And Retirement – City Of Lake Wales Municipal Firefighter’s Pension Plan And Trust – First Reading [Begin Agenda Memo] SYNOPSIS: Ordinance 2024-43 seeks to improve the efficiency and overall administration of the Firefighters’ Pension Plan. Based on recommendations from its financial consultant, actuary and attorney. RECOMMENDATION It is recommended that the City Commission approve Ordinance 2024-43 as recommended by the Board of Trustees after First Reading. BACKGROUND Effective on December 29, 2022 as part of the Consolidated Appropriations Act, 2023, President Biden signed the Secure 2.0 Act of 2022 (“the Act”) into law. This Act provides for an increase in ages for required minimum distributions from qualified plans. Participants in tax-qualified pension plans are not taxed on the value of their retirement benefits until they begin to receive benefits under the plan. The deferral of taxes is limited by the Required Minimum Distribution rules in Section 401(a)(9) of the Code, which require that participants begin to receive benefits (and therefore pay taxes) once they reach a certain age after retirement. For many years, retirees were required to begin receiving benefits once they had retired and reached age 70 ½. The first Secure Act, passed in 2019, raised that age to 72. Section 107 of the Secure 2.0 Act of 2022 has further extended the allowable tax deferral by again raising the age by which retired participants must begin to receive benefits. The new ages are as follows: a) For individuals who attain age 72 after December 31, 2022, and age 73 before January 1, 2033, the applicable age is 73; b) For individuals who attain age 74 after December 31, 2032, the applicable age is 75; Therefore, in order to comply with the requirements of the SECURE 2.0 Act and ensuring its tax qualification the plan recommends an amendment to the following section of the City’s governing code of ordinances: Section 16-175, “Internal Revenue Code Compliance”, subsection b., “Required beginning date;” and subsection c., “Required minimum distributions” are being amended in accordance with recently enacted amendments to the Internal Revenue Code to satisfy the qualification requirements applicable by providing a mandatory distribution age for Plan benefits paid to its participants and beneficiaries. FISCAL IMPACT According to the Actuary (Foster & Foster) there is no cost to the City to implement the proposed amendment. [End Agenda Memo] Sandra Davis, Human Resources Director, reviewed this item. Commissioner Gillespie asked if we have a choice. Ms. Davis said no. [End Agenda Memo] Sandra Davis, Human Resources Director, reviewed this item. Commissioner Gillespie asked if we have a choice. Ms. Davis said no. 5. ORDINANCE 2024-44 Amending Chapter 16, Pensions And Retirement – City Of Lake Wales Municipal Police Officers’ Pension Plan And Trust – First Reading [Begin Agenda Memo] SYNOPSIS: Ordinance 2024-44 seeks to improve the efficiency and overall administration of the Police Officers’ Pension Plan. Based on recommendations from its financial consultant, actuary and attorney. RECOMMENDATION It is recommended that the City Commission approve Ordinance 2024-44 as recommended by the Board of Trustees after First Reading. BACKGROUND Effective on December 29, 2022, as part of the Consolidated Appropriations Act, 2023, President Biden signed the Secure 2.0 Act of 2022 (“the Act”) into law. This Act provides for an increase in ages for required minimum distributions from qualified plans. Participants in tax-qualified pension plans are not taxed on the value of their retirement benefits until they begin to receive benefits under the plan. The deferral of taxes is limited by the Required Minimum Distribution rules in Section 401(a)(9) of the Code, which require that participants begin to receive benefits (and therefore pay taxes) once they reach a certain age after retirement. For many years, retirees were required to begin receiving benefits once they had retired and reached age 70 ½. The first Secure Act, passed in 2019, raised that age to 72. Section 107 of the Secure 2.0 Act of 2022 has further extended the allowable tax deferral by again raising the age by which retired participants must begin to receive benefits. The new ages are as follows: a) For individuals who attain age 72 after December 31, 2022, and age 73 before January 1, 2033, the applicable age is 73; b) For individuals who attain age 74 after December 31, 2032, the applicable age is 75. Therefore, in order to comply with the requirements of the SECURE 2.0 Act and ensuring its tax qualification the plan recommends an amendment to the following section of the City’s governing code of ordinances: Section 16-251, “Internal Revenue Code Compliance”, subsection b., “Required beginning date;” and subsection c., “Required minimum distributions” are being amended in accordance with recently enacted amendments to the Internal Revenue Code to satisfy the qualification requirements applicable by providing a mandatory distribution age for Plan benefits paid to its participants and beneficiaries. FISCAL IMPACT According to the Actuary (Foster & Foster) there is no cost to the City to implement the proposed amendment. [End Agenda Memo] Sandra Davis, Human Resources Director, reviewed this item. 6. Proposal Agreement With Colliers For Lake Wales Fire Station #3 Project [Begin Agenda Memo] SYNOPSIS: Staff is requesting City Commission approval of the Proposal Agreement with Colliers for the Lake Wales Fire Station #3 Project. RECOMMENDATION It is recommended that the City Commission take the following actions: SYNOPSIS: Staff is requesting City Commission approval of the Proposal Agreement with Colliers for the Lake Wales Fire Station #3 Project. RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve the proposal agreement with Colliers Project Leaders. 2. Approve agreement in the amount of $71,910. 3. Authorize the City Manager to execute the necessary documents on behalf of the City. BACKGROUND In November 2024, the City of Lake Wales purchased 5 acres of property at the intersection of Hunt Brothers Road and Nest Egg Road. This property is the location of a future fire station. It is currently outside of the city limits, but there are plans to annex into city limits. This purchase will allow the City to maintain adequate service levels for growth on our southern and eastern boundaries. Colliers Project Leaders has submitted a proposal agreement to provide project management services for the design of this project. The City’s goal for Colliers is to be the primary representative for the City to manage the design phase of the future Fire Station. Based on their scope and schedule, the total fee for service is $71,910. Fees would be invoiced at a lump sum rate of $7,990 per month for 9 months. OTHER OPTIONS Do not approve the Proposal Agreement with Colliers. FISCAL IMPACT The total amount is for $71,910 (9 equal payments of $7,990 per month). [End Agenda Memo] Deena Drumgo, Assistant City Manager, reviewed this item. Commissioner Gillespie asked why the design process needs oversight? Can staff work with the architect directly? The discussion began with Commissioner Gillespie questioning the need for a separate project management consultant (Colliers) when the city could be working with the architect directly (Parlier+Crews) on the Fire Station #3 project. City Manager Slaton acknowledged the question and explained that the role of the project manager extends beyond simply overseeing the architect's work. He emphasized that Colliers would play a crucial role in ensuring the quality and completeness of the design documents, identifying potential issues early in the process, and minimizing the risk of costly change orders during construction. Mr. Guyette, representing Colliers, further elaborated on the value of their services. He explained that their role involves more than just overseeing the architect; it includes reviewing design documents, ensuring their completeness and accuracy, and coordinating with various city departments to ensure that all project requirements are met. He emphasized that this proactive approach can help to minimize potential issues and reduce the likelihood of costly change orders during the construction phase. Mr. Crews, representing Parlier+Crews, also acknowledged the value of having a third-party project manager. He explained that the involvement of Colliers has led to improvements in the quality of the design documents and provided valuable insights that have strengthened the overall project. He emphasized that this collaborative approach can ultimately lead to a more successful and cost-effective project outcome. Commissioner Gillespie expressed concern that having multiple parties involved in the project (the architect, the project manager, and the city) could increase the potential for finger-pointing and complicate the process of identifying and resolving issues. She raised the concern that the city could ultimately be held responsible for any problems that arise, even if they were caused by errors or omissions on the part of other parties involved in the project. Mr. Crews addressed this concern by emphasizing that the involvement of Colliers is intended to improve the quality of the design documents and minimize the risk of future problems. He explained that by identifying and addressing potential issues during the design phase, they can help to avoid costly delays responsible for any problems that arise, even if they were caused by errors or omissions on the part of other parties involved in the project. Mr. Crews addressed this concern by emphasizing that the involvement of Colliers is intended to improve the quality of the design documents and minimize the risk of future problems. He explained that by identifying and addressing potential issues during the design phase, they can help to avoid costly delays and construction issues later on. Mr. Crews further emphasized that the goal of the collaborative process is to produce high-quality, well- documented plans that will minimize the risk of future problems and ensure the successful completion of the project. He acknowledged that unforeseen issues can arise during any construction project, but stressed that the involvement of Colliers is intended to minimize these risks and ensure that any issues that do arise can be addressed efficiently and effectively. Mayor Hilligoss inquired about the potential cost savings on a project like Park Avenue, specifically asking how much it might cost to address a change order, such as having to replace a block of brick. Deputy Mayor Gibson jokingly suggested that the cost of a single change order could be significant, potentially amounting to the cost of an entire block of brick. Mr. Guyette acknowledged that the potential cost savings can vary significantly depending on the specific project. He emphasized that the primary benefit of Colliers' involvement lies in proactively identifying and addressing potential issues during the design phase, thereby minimizing the risk of costly change orders during construction. He explained that by ensuring the accuracy and completeness of the design documents, they can help to avoid costly delays and construction issues, ultimately saving the city time and money. City Manager Slaton further elaborated on the scope of Colliers' services, highlighting their role in project administration, budget development, cost estimating, scheduling, and procurement. He emphasized that Colliers will play a crucial role in ensuring the smooth and efficient execution of the project. Deputy Mayor Gibson, drawing on his experience with construction litigation, emphasized the importance of minimizing the potential for costly change orders. He highlighted that construction litigation can be extremely expensive and time-consuming, and that the involvement of Colliers can help to mitigate these risks. He suggested that the number of change orders generated during the project could serve as a key performance indicator for Colliers' services. Mayor Hilligoss emphasized the importance of viewing this project as a "test run" to evaluate the effectiveness of Colliers' services. Commissioner Thompson acknowledged that the city had previously received engineering credits from the firm that designed Park Avenue and inquired whether these credits would be applicable to future projects. City Manager Slaton confirmed that the city would be able to utilize these credits for future engineering projects, such as those related to the library and the North Crystal Lake Trail. 7. Proposal Agreement With Parlier + Crews Architects, P.A. For Lake Wales Fire Station #3 [Begin Agenda Memo] SYNOPSIS: Staff is requesting City Commission approval of the Proposal Agreement with Parlier + Crews Architects, P.A. for the Lake Wales Fire Station #3 Project. RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve the Design Professional Fee Proposal with Parlier + Crews Architects, P.A. 2. Approve agreement in the amount of $246,000. 3. Authorize the City Manager to execute the necessary documents on behalf of the City. BACKGROUND In November 2024, the City of Lake Wales purchased 5 acres of property at the intersection of Hunt Brothers Road and Nest Egg Road. This property is the location of a future fire station. It is currently outside of the city limits, but there are plans to annex into city limits. This purchase will allow the City to maintain adequate service levels for growth on our southern and eastern boundaries. documents on behalf of the City. BACKGROUND In November 2024, the City of Lake Wales purchased 5 acres of property at the intersection of Hunt Brothers Road and Nest Egg Road. This property is the location of a future fire station. It is currently outside of the city limits, but there are plans to annex into city limits. This purchase will allow the City to maintain adequate service levels for growth on our southern and eastern boundaries. The proposal with Parlier + Crews Architects, P.A. includes performing full architectural and engineering services for Fire Station #3. The scope of services from Parlier + Crews Architect, P.A. includes the following: • Schematic Design • Design Development • Construction Documents • Structural Design • Mechanical/Electrical/Plumbing/Fire Protection Design & Documents • Civil Design • Construction Administration (Maximum 8 months from construction start) OTHER OPTIONS Do not approve the proposal with Parlier + Crews Architects, P.A. FISCAL IMPACT The fiscal impact is $246,000 for architectural and engineering services. [End Agenda Memo] Deena Drumgo, Assistant City Manager, reviewed this item 8. Proposal Agreement With Colliers For Lake Wales Police Station Annex Project [Begin Agenda Memo] SYNOPSIS: Staff is requesting City Commission approval of the Proposal Agreement with Colliers for the Police Station Annex Project. RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve the proposal agreement with Colliers Project Leaders. 2. Approve agreement in the amount of $177,281. 3. Authorize the City Manager to execute the necessary documents on behalf of the City. BACKGROUND On August 29, 2024 the City of Lake Wales purchased the building at 122 E. Tillman Ave formerly known as the Family Elder Law Building. It is proposed that the Lake Wales Police Department will move several units there. In addition, several other areas have been identified to design for the Police Department including training room, several interview rooms, conference room and a storage room. Colliers Project Leaders has submitted a proposal agreement to provide project management services for the design, bid construction, and closeout phases of this project. The City’s goal for Colliers is to be the primary representative for the City to manage project management services. Based on their scope and schedule, the total fee for service is $177,281. Fees would be invoiced at a lump sum rate of $8,442 per month for 21 months. Colliers Project Leaders has submitted a proposal agreement to provide project management services for the design, bid construction, and closeout phases of this project. The City’s goal for Colliers is to be the primary representative for the City to manage project management services. Based on their scope and schedule, the total fee for service is $177,281. Fees would be invoiced at a lump sum rate of $8,442 per month for 21 months. OTHER OPTIONS Do not approve the Proposal Agreement with Colliers. FISCAL IMPACT The total amount is for $177,281 (21 equal payments of $8,442 per month) [End Agenda Memo] Deena Drumgo, Assistant City Manager, reviewed this item. 9. Task Order With Chastain Skillman For Professional Engineering Services – Addendum #1 For Orange And Crystal Avenue Streetscape To Include Storm And Water Line Upgrades [Begin Agenda Memo] SYNOPSIS: Staff is requesting City Commission approval of the Task Order (Addendum #1) with Chastain Skillman for Orange and Crystal Avenue Streetscape. RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve the Task Order (Addendum #1) with Chastain Skillman. 2. Approve agreement in the amount of $49,700. 3. Authorize the City Manager to execute the necessary documents on behalf of the City. BACKGROUND In 2021, the City approved a Master Continuing Agreement with Chastain Skillman to construct upgrades to Orange Avenue, Crystal Avenue, and Market Street. This proposed Task Order for Professional Engineering Services (Addendum #1) with Chastain Skillman is to produce construction drawings and a permit application package for the water line and storm upgrades in the vicinity of the Orange, Crystal, and Market Street Streetscape Project. Much of this area has already been mapped by surveyors, but additional mapping will be required for the water line upgrades in the alleys and near the water plant. OTHER OPTIONS Do not approve the Task Order with Chastain Skillman. FISCAL IMPACT The fiscal impact is $49,700. [End Agenda Memo] Deena Drumgo, Assistant City Manager, reviewed this item. Commissioner Thompson asked about the difference between this and the original agreement. James Slaton, City Manager, explained that the original was the surface level streetscape design. This will include utility improvements. Deputy Mayor Gibson asked if staff recommends this. Mr. Slaton confirmed that staff recommends approval. Commissioner Gillespie asked if is someone is overseeing Chastain Skillman? Mr. Slaton said yes, the Commission has approved this already. Commissioner Gillespie asked if that was Mr. Slaton was planning to have another party involved with projects going forward? Mr. Slaton said that for complex projects yes. 10. USA Services Of Florida, Inc. Agreement [Begin Agenda Memo] Commission has approved this already. Commissioner Gillespie asked if that was Mr. Slaton was planning to have another party involved with projects going forward? Mr. Slaton said that for complex projects yes. 10. USA Services Of Florida, Inc. Agreement [Begin Agenda Memo] SYNOPSIS: Staff requests Commission approval to enter into a service agreement with USA Services of Florida, Inc. for public street sweeping. The current contract has expired, and staff has elected to utilize Sourcewell to continue these services. STAFF RECOMMENDATION Staff recommends the City Commission consider taking the following action: 1. Approve entering into a contract with USA Services of Florida, Inc., for public street sweeping. 2. Authorize the City Manager to execute the appropriate documents associated with the contract, on the City’s behalf. BACKGROUND Street sweeping is a critical public service that enhances community aesthetics, supports stormwater management, and mitigates water pollution by preventing debris from entering drainage systems. Since 2014, the City of Lake Wales has contracted street sweeping services with USA Services of Florida, Inc., transitioning away from in-house operations due to high equipment and maintenance costs. At that time, the City entered into a contract with a sweeping rate of $35 per curb mile, totaling $52,200 annually. The new 2025 proposal under the Sourcewell contract reflects an increased rate of $45 per curb mile, bringing the projected annual cost to $72,360. While this represents a 28% increase over the previous contract, it is important to note that over a 20-year period, the per-mile cost has risen by only $10—a gradual and reasonable adjustment when considering inflation, rising labor costs, and increased operational expenses. This controlled cost growth further supports the financial viability of continuing contracted services with USA Services of Florida, Inc. A survey of other municipalities revealed limited vendor competition, with USA Services consistently securing contracts when competitive bids were solicited. Given the City's ongoing service needs and the cost-effectiveness of continuing with an established provider, staff recommends renewing the contract through Sourcewell. OTHER OPTION The Commission may choose to discontinue contracted street sweeping services with USA Services and initiate a competitive bidding process. However, an analysis of procurement trends in surrounding municipalities indicates that such an effort is unlikely to yield alternative providers, making it an inefficient use of City resources. FISCAL IMPACT $90,000 is allocated to G/L 405-542-100-334-900 Contract Services – Other for street sweeping services. [End Agenda Memo] Sarah Kirkland, Public Services Director, reviewed this item. Commissioner Thompson confirmed that they have been doing street sweeping for 10 years for $52,000 a year? Ms. Kirkland confirmed this. Deputy Mayor Gibson asked to confirm the curb price per mile. Ms. Kirkland said now it will be $45 up from $35. She said there has not been an increase in 10 years. Deputy Mayor Gibson said the cost sounded reasonable to him. Ms. Kirkland said we get regular reports what areas are swept and amount they picked up. 11. Buyout Of The Supervisory Control And Data Acquisition (SCADA) Equipment From The Lease Agreement With Data Flow Systems. [Begin Agenda Memo] SYNOPSIS: Staff is seeking commission approval to buyout the lease for the Supervisory Control and Data 11. Buyout Of The Supervisory Control And Data Acquisition (SCADA) Equipment From The Lease Agreement With Data Flow Systems. [Begin Agenda Memo] SYNOPSIS: Staff is seeking commission approval to buyout the lease for the Supervisory Control and Data equipment with Data Flow Systems for $53,319.00. RECOMMENDATION It is recommended that the City Commission take the following action, approve the buyout of the Supervisory Control and Data Acquisition (SCADA) Equipment for the purpose of continuing to have the interconnecting of all the City’s water plants, enabling off site monitoring. BACKGROUND Water demand and energy costs are rising on a global level and resources are shrinking-all while aging water infrastructures are rapidly deteriorating. These are a few reason calling for smarter technology solutions when it comes to operating and monitoring the city’s various water treatment plants. Having control over our water plants allows staff to avoid excessive waste. Recent advances in technology have positioned water plant operators as a major force for system improvement, regulatory compliance, and financial planning. Supervisory Control and Data (SCADA) also makes it possible to review historical data for the sake of comparison and troubleshooting. Alarms provide another layer of security. These alarms might be triggered by high level or low pressure switches, pump failure, or valves not closing. The Programmable Logic Controller (PLCs) serve as an early warning system so that issues can be resolved before they become disasters. Five years ago the City of Lake Wales entered into a lease agreement to have the Supervisory Control and Data (SCADA) system installed that allows the operators to be able to focus more on what they do best and less on tasks that can take them away from more important work. Supervisory Control and Data (SCADA) equipment is one way water utility operators can effectively monitor network efficiency and performance. When issues are detected, operators can quickly take action to prevent adverse public health and economic issues. Staff is recommending that we proceed with the 60 month lease buyout option so the City of Lake Wales will have ownership of the Supervisory Control and Data (SCADA) equipment from Data Flow System. OTHER OPTIONS The commission could chose not to approve the lease agreement and staff would go back to monitoring the water treatment plants manually. FISCAL IMPACT $5000.00 was placed in the 2025-2026 Operating Supply budget with the intent to purchase the equipment out right. A budget transfer will be completed to pay for the buyout. [End Agenda Memo] Sarah Kirkland, Public Works Director, reviewed this item. Commissioner Thompson asked if there is a software component to it that needs support. Ms. Kirkland says there is software, we don't pay an annual fee but they offer maintenance and updates. 12. Longleaf – Live Oak Blvd Pipe And Inlet Repair [Begin Agenda Memo] SYNOPSIS: The roadway at the intersection of Longleaf Blvd and Live Oak Blvd has begun to sink due to a compromised stormwater inlet and a cracked underground storm pipe. The damaged infrastructure is allowing groundwater intrusion, undermining the integrity of the road and posing a growing safety concern. RECOMMENDATION It is recommended that Commission take the following action: 1. Approve expending funds for the repair of the storm inlet and pipe to Odom Contracting for $28,450. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND The City of Lake Wales operates and maintains an extensive stormwater management system, requiring periodic inspection and maintenance to ensure functionality and safety. During routine assessments, staff identified subsidence near a storm inlet at Longleaf Blvd and Live Oak Blvd. Subsequent 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND The City of Lake Wales operates and maintains an extensive stormwater management system, requiring periodic inspection and maintenance to ensure functionality and safety. During routine assessments, staff identified subsidence near a storm inlet at Longleaf Blvd and Live Oak Blvd. Subsequent video inspections confirmed a cracked stormwater pipe beneath the roadway, allowing groundwater infiltration and causing progressive road failure. If left unaddressed, the continued deterioration of the pipe will exacerbate roadway instability, increase repair costs, and present a significant public safety hazard. To mitigate further damage, staff recommends proceeding with the necessary repairs immediately. Odom Contracting has provided the most cost-effective and timely solution, ensuring the structural integrity of the roadway and stormwater system is restored efficiently. OTHER OPTIONS The Commission may elect not to approve the recommended repairs; however, this would allow the condition to worsen, increasing the risk of further roadway collapse, higher repair costs, and potential liability concerns for the City. FISCAL IMPACT Funds for this repair have been allocated within the Maintenance & Repairs (M&R) Stormwater Repairs budget. [End Agenda Memo] Sarah Kirkland, Public Works Director, reviewed this item. Commissioner Thompson said as we just sold lots out there we should fix that. Ms. Kirkland said now we have dedicated stormwater person to check the drains that we are responsible for we can address previous existing issues. 13. Jewel Ridge Right-Of-Way Conveyance And Preliminary Plat Vesting Agreement [Begin Agenda Memo] SYNOPSIS: Staff proposes an agreement between the City and the Developer of Jewel Ridge PDP that would vest the project approval in return for the dedication of a portion of right-of-way to the City. RECOMMENDATION Staff recommends approval of the agreement. BACKGROUND Jewel Ridge PDP was approved by City Commission in May of 2022 as a 172-lot single family residential subdivision on 43 acres of land north of Post Salter Road and east of 11th Street. The PDP was approved with a condition that additional unimproved right-of-way would be dedicated to the City for Post Salter and Hamlin Road. This typically takes place at time of platting; however, the developer is not yet ready to move the project forward for site construction and platting. Due to the commencement of development in the area, the City has an interest in obtaining the right-of-way so that the extension of Post Salter Road and Hamlin Road may be constructed by the Hunt Club Grove development currently underway. Planned Development Project (PDP) approvals are valid for two years, unless an extension of time on approval is granted by the City Commission after a recommendation of the Planning and Zoning Board. In exchange for dedicating the right-of-way to the City prior to the development of the site, the Developer requests that the PDP approval be vested in order to avoid the need to request extensions of time on the approval. OTHER OPTIONS Deny approving the agreement between the City and the Developer. FISCAL IMPACT None. [End Agenda Memo] Autumn Cochella, Growth Management, reviewed this item. FISCAL IMPACT None. [End Agenda Memo] Autumn Cochella, Growth Management, reviewed this item. Commissioner Gillespie asked to confirm that the PDP will expire in 1-2 years. Ms. Cochella confirmed this and reviewed their options to extend approval after 2 years. This gives them the assurance of their project not being developed. 14. CITY COMMISSION AND MAYOR COMMENTS Commissioner Gillespie expressed concerns about paying two people to do the same thing. She is concerned about finger pointing. She likes the term owner's representative to look for problems at an earlier stage. We will watch to see how this works, if its an improvement. James Slaton, City Manager, said that when we get to the Raise project we may need 3 people involved. Deputy Mayor Gibson said he shares Commissioner Gillespie's concerns. He said he always wanted his briefs proofread, it made them better. He likes the measurables and is watching for a beneficial results. Mayor Hilligoss said he understands the concern but as these projects are complex we need to try hard upfront to monitor the millions of dollars being invested in the city. Deputy Mayor Gibson said that when things go wrong its a huge disruption. Commissioner Gillespie advocated for allowing public input at City Commission work sessions. She said that these meetings, which are primarily intended for staff to inform commissioners on upcoming agenda items, could benefit from public input. She suggested that allowing public comment during work sessions would provide valuable insights and perspectives from the community and enhance the decision-making process. James Slaton, City Manager, said that citizens can offer input at the regular Commission meeting. The work sessions are for staff to inform Commissioners about the items on the agenda. Jennifer Nanek, City Clerk, reminded the commission of the special commission meeting Friday at 2:30 p.m. to approve the ballot. 15. ADJOURN The meeting was adjourned at 2:57 p.m. _____________________ Mayor ATTEST: ____________________ City Clerk

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