City Commission Workshop Meeting

City Commission Workshop meeting minutes February 26, 2025 (APPROVED) 2/26/2025 - Minutes 1. CALL TO ORDER & ROLL CALL Commission members present: Mayor Jack Hilligoss, Robin Gibson, Daniel Williams, Keith Thompson, Carol Gillespie Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk, Albert C. Galloway, Jr., City Attorney Mayor Hilligoss called the meeting to order at approximately 2:03 p.m. 2. City Manager Comments James Slaton, City Manager, announced that Park Avenue is now open. The ribbon cutting is March 7. The Thirsty Dragon is open and he encouraged everyone to visit. 3. Presentation - Concepts For Recognizing Lake Wales' Olmsted Landscape Heritage: A Study By Rollins Students Professor Bruce Stephenson introduced a student presentation from Rollins College, "Concepts for Recognizing Lake Wales' Olmsted Heritage," a project developed in collaboration with Victor Dover, Bok Tower Gardens, and David Price. He drew parallels to a successful 2-acre native garden project, "The Ramble," recently completed in Winter Park's Central Park, emphasizing its sustainable, low-maintenance design utilizing native plant species. He encouraged the commission to learn more from Winter Park's mayor. The Rollins students will present their vision for one of the Lake Wales parks, applying similar principles to create an aesthetically pleasing space with native flora. This collaborative effort, incorporating expertise from Dover Kohl and Bok Tower Gardens, aims to provide the city with a flexible plan for the site. Dr. Stephenson stressed that the project is a collaborative effort and a resource for the commission to utilize as they see fit. He also mentioned Victor Dover's work on Park Avenue in downtown Winter Park, which opened over 30 years ago. Isabel Bonin's presentation focused on the site analysis and design inspiration for the Olmsted Heritage Park in Lake Wales. Key points include: l Site Topography and Vegetation: ¡ The site has a slight elevation change (182 ft to 157 ft), which is significant in Florida's flat terrain, impacting drainage and habitats. ¡ The site contains a mix of native and non-native species, with an overabundance of the undesirable native cherry laurel. ¡ The center of the site is primarily open and grassy, with vegetation concentrated on the edges. l Olmsted Inspiration: ¡ The design draws inspiration from Bok Tower Gardens, designed by Frederick Law Olmsted Jr., and honors the design philosophies of Frederick Law Olmsted Sr.  ¡ The center of the site is primarily open and grassy, with vegetation concentrated on the edges. l Olmsted Inspiration: ¡ The design draws inspiration from Bok Tower Gardens, designed by Frederick Law Olmsted Jr., and honors the design philosophies of Frederick Law Olmsted Sr. ¡ Olmsted's principles of "mystery, bounteousness, and peacefulness" are central to the design, incorporating picturesque, pastoral, and sublime landscape elements. ¡ Olmsted believed parks should be sanitary institutions, promoting mental and physical health through indirect recreation. · Historic Preservation: l The project is inspired by Bok Tower Gardens' restoration efforts, which followed a cultural landscape plan based on historic integrity. · Design Elements: l The plan includes a pastoral center, picturesque groves and the border. l The pastoral center draws inspiration from Winter Park's Central Park "Ramble" and Olmsted's design of Central Park's Ramble in New York City. l The "Ramble" restoration in Winter Park, with its native sandhill habitat, serves as a model for the Lake Wales park. l The Lake Wales site shares the same soil type as the Winter Park "Ramble," enabling the use of similar native plant species (longleaf pine, wiregrass, and attendant grasses). l The pastoral center is modeled after a similar area at Bok Tower Gardens. Zakaria Zeini presented the design for the pastoral center of the Olmsted Heritage Park, focusing on its key features and ecological benefits. Here's a summary: l Pastoral Center Design: ¡ The center features a kiosk as a focal point, aligned with entrances and exits. ¡ A central pathway allows visitors to walk through the area. ¡ Longleaf pine trees (represented by green circles) are strategically placed, providing habitat for screech owls. ¡ The design aims to create a scenic view, integrating native grasses and longleaf pines. l Native Grasses and Ecological Benefits: ¡ The plan includes wiregrass, Elliot's lovegrass, and muhly grass, all native to the area. ¡ These grasses thrive in well-drained soils and are drought-resistant. ¡ They provide excellent wildlife cover, benefiting snakes, birds, and other small animals. ¡ Wiregrass is very beneficial for Gopher Tortoises. l Longleaf Pine Restoration: ¡ The design draws inspiration from Bok Tower Gardens' longleaf pine restoration efforts. ¡ The project aims to replicate the sandhill habitat, utilizing the area's sandy soil. ¡ The success of the longleaf pines depends on well-drained, uncompacted soil. l Plant Inventory: ¡ The plan includes planting over a thousand individual plants. Ainsleigh Erwin described the picturesque groves within the Olmsted Heritage Park plan. Here's a summary: l Picturesque Groves: ¡ The design incorporates seven picturesque groves, which are carefully arranged clusters of trees designed to create a naturalistic and scenic effect. Ainsleigh Erwin described the picturesque groves within the Olmsted Heritage Park plan. Here's a summary: l Picturesque Groves: ¡ The design incorporates seven picturesque groves, which are carefully arranged clusters of trees designed to create a naturalistic and scenic effect. ¡ These groves surround the pastoral center of the park. l Native Species: ¡ The groves will feature three native Florida species: longleaf pine trees, turkey oaks, and scrub bays. l Plant Inventory: ¡ The plan includes a specific inventory for these groves: 16 longleaf pines, 28 turkey oaks, and 66 scrub bays, distributed among the seven groves. l Visual Representation: ¡ She showed the commission a birds eye view of the groves surrounding the pastoral center, and also a more close up view of how the trees would be arranged within the groves. Lisi Gross discussed the design of the pastoral strands that connect the picturesque groves in the Olmsted Heritage Park plan. Here's a summary: l Pastoral Strands: ¡ The plan includes two types of pastoral strands, designed to connect the picturesque groves and highlight the park's entrance. ¡ These strands are arranged in an alternating pattern. l Inspiration: ¡ The plant selection for the strands is inspired by Allen David Broussard Park, which shares the same sandhill habitat found in Lake Wales. l Collaboration: ¡ Elizabeth handed the presentation over to Zakaria to provide details about the specific plant species chosen for the pastoral strands. Zakaria Zeini detailed the inspiration and plant selections for the pastoral strands, drawing from their visit to Allen David Broussard Park: l Strand 1 Inspiration: ¡ Inspired by photos taken at Allen David Broussard Park, emphasizing saw palmetto and sand live oak. ¡ Saw palmetto is highlighted for its ecological importance, supporting numerous species, and its edible berries. ¡ Wildflowers like lupine and Garberia, a Florida endemic, are planned to add visual appeal and ecological diversity. l Strand 2 Inspiration: ¡ This strand is modeled after a landscape featuring gopher apple, Florida rosemary, and wireweed. ¡ Gopher apple is noted for its edible fruits, a favorite of gopher tortoises. ¡ Florida rosemary and wireweed add variety and visual interest. ¡ Turkey oaks are also to be included. l Allen David Broussard Park: ¡ The park served as a key source of visual and ecological inspiration for the design of the pastoral strands. Lisi Gross clarified the differences between the two pastoral strands:  l Allen David Broussard Park: ¡ The park served as a key source of visual and ecological inspiration for the design of the pastoral strands. Lisi Gross clarified the differences between the two pastoral strands: l Varied Views: ¡ The two strands are designed to offer distinct visual experiences within the park. l Strand 1 Focus: ¡ This strand emphasizes saw palmetto as the primary ground cover. l Strand 2 Focus: ¡ This strand features gopher apple prominently, creating a unique "sea anemone" like appearance. l Purpose: ¡ These strands are intended to enhance the visibility and aesthetic impact of the picturesque groves. Ainsleigh Erwin described the park's border design and plant selections: l Border Purpose: ¡ The border serves to frame the park and create a buffer between the residential area and the green space. l Plant Species: ¡ The border will feature longleaf pine, sand live oak, and southern red cedar. l Plant Inventory: ¡ The plan includes 149 longleaf pine trees, 19 sand live oaks, and 158 southern red cedar trees. l Visual Representation: ¡ She showed a close up view of the border plan. ¡ She also showed a broad overview of the entire park design. Professor Bruce Stephenson concluded the presentation by emphasizing that the student project, while comprehensive, is a conceptual plan designed to inspire and inform the commission's decisions. He highlighted the project's roots in successful native landscaping efforts, like the Winter Park project, and its alignment with current trends in sustainable development, such as the Mormon ranch project's water- efficient native plant requirements. He acknowledged the students' dedication, noting that they presented a year after completing the work and after he had left Rollins College. He stressed the importance of these native landscaping approaches for cost savings and ecological benefits, while also recognizing the challenge of cultivating a new aesthetic appreciation for such landscapes. James Slaton, City Manager, commended the students on their hard work. Deputy Mayor Gibson expressed eagerness for the park's completion, jokingly referencing his advanced age. He then asked for confirmation on the name of the avenue in Winter Park, presumably Park Avenue. Commissioner Gillespie inquired about the water requirements of the proposed native plants, questioning the claim of minimal watering. Zakaria Zeini responded that while some species, such as longleaf pines, would necessitate initial watering for establishment, they would generally thrive without irrigation once rooted. Commissioner Gillespie then expressed further concern about ensuring the successful establishment of all plants and the potential need for significant watering. Mr. Slaton said he will review this and explore implementation of these ideas.  would necessitate initial watering for establishment, they would generally thrive without irrigation once rooted. Commissioner Gillespie then expressed further concern about ensuring the successful establishment of all plants and the potential need for significant watering. Mr. Slaton said he will review this and explore implementation of these ideas. 4. Buckmoore Heights Developer’s Credit Agreement – Sidewalk Upsizing [Begin Agenda Memo] SYNOPSIS: The PDP Approval for Buckmoore Heights (Buckmoore) permits 100 single family units. The City has requested that the Developer upsize the required 5 foot sidewalk north of Buckmoore Road will be enhanced to 8 feet and extended 500 feet past the project boundary. RECOMMENDATION Staff recommends that the Commission: 1. Approve the Buckmoore Developers Contribution Credit Agreement. 2. Authorize the Mayor to sign the agreement BACKGROUND The developer has willingly worked with City staff and agreed to extend the sidewalk along Buck Moore Road to the north, approximately 500 feet past the project boundary, so to connect it with the existing City active Trail. The City will participate in this sidewalk extension by increasing the width of this portion of sidewalk to 8-feet-wide. This active trail, called “Rails to Trails” extends from Buck Moore Road to Scenic Highway. § 23-770. Developer contribution credit. a. The city may grant a credit against the impact fees imposed herein for: 1. The donation of land or equipment, or the construction of public facilities made pursuant to a development agreement approved in accordance with division 2 of this article. Such donation or construction shall not be site-related improvements and shall be subject to the approval of the city commission. Developer has provided an estimate for the cost difference as shown in the Agreement as Exhibit C. At time of construction, the cost will be reviewed, and a final credit will be determined, not to exceed $144,961.65. Credit will be provided as a reduction in multimodal impact fee at time of residential permit issuance. OTHER OPTIONS Not require public facilities upsizing Have city contract the work FISCAL IMPACT Developer Credit reduces multi-modal Impact fees at time home building permits are issued, not to exceed a total of $144,961.65. City will receive same cost benefit from installed upsizing. The city will collect an additional $60,572 dollars in Multi-modal Impact Fees if all homes are built. [End Agenda Memo] Sara Irvine, Special Projects Administrator, reviewed this item. 5. Recreation Trails Program Grant – Tower Boulevard [Begin Agenda Memo] SYNOPSIS: The City applied for this grant for a trail on Tower Boulevard last year and has been awarded the grant. The grant agreement needs approval. RECOMMENDATION Staff Recommends: 1. The City Commission approve the grant agreement. 2. Authorize the City Manager to execute the grant agreement.  RECOMMENDATION Staff Recommends: 1. The City Commission approve the grant agreement. 2. Authorize the City Manager to execute the grant agreement. BACKGROUND The scope for the project is to construct an approximately 2,400 ft long 12’ wide trail along Tower Boulevard, connecting Lake Wailes Trail, Rails to Trails, the future Kiwanis Park Loop Trail to Bok Tower Gardens. This project also includes benches, trash receptacles, and other amenities. This application to the State of Florida, Department of Environmental Protection, Office of Greenways and Trails for eligible project costs totaling $352,595.00 for a trail on Tower Boulevard was awarded to the City of Lake Wales. FISCAL IMPACT The City’s costs towards this project would be $70,595.00 in Fiscal Year 2025’26. The grant award amount is $282.380.00. [End Agenda Memo] James Slaton, City Manager, reviewed this item. Commissioner Gillespie asked if the contract is from the state or federal? Mr. Slaton said its from the state. 6. Contract Award For Tree Trimming Services [Begin Agenda Memo] SYNOPSIS: The City Commission will consider awarding a contract to Crosson & Payne Tree Services, LLC. for annual tree trimming and Certified Arborist services. RECOMMENDATION It is recommended that the City Commission take the following action(s): 1. Approve the award of RFP 25-03 to Crosson & Payne Tree Services, LLC. 2. Authorize the City Manager to execute the contract on behalf of the City. BACKGROUND The City intends to contract with a tree trimming company for an initial 3-year term (with two possible 1-year renewals) to perform tree trimming and Certified Arborist service work on City property as needed. City staff advertised a Request for Proposal for Tree Trimming and Certified Arborist Services. Three (3) bids were received: Crosson & Payne Tree Services, E-Commerce, and Terra Maintenance Company. The City of Lake Wales has identified a need for a qualified vendors to furnish all labor and equipment to perform ongoing routine trimming and maintenance of trees/palms, remove trees/palms, and grind the stumps for City-owned plantings, as well as emergency call-outs. This contract will pertain to tree trimming services estimated below or equal to the CATEGORY TWO ($35,000) purchasing threshold. Services estimated above the CATEGORY TWO ($35,000) purchasing threshold shall be awarded in accordance with Section 2-418 of the City’s ordinance. OTHER OPTIONS The City Commission may direct staff to re-advertise the Invitation to Bid. FISCAL IMPACT There is no fiscal impact to award the contract. Fees will be determined per project by task order. [End Agenda Memo] James Slaton, City Manager, reviewed this item. Deputy Mayor Gibson said there is a lot of moss in the trees at Lake Wailes Park and asked if this is included. Mr. Slaton said they would be willing to do that. Commissioner Gillespie noted there is an owl and nest in a tree there and asked for caution so as not to  James Slaton, City Manager, reviewed this item. Deputy Mayor Gibson said there is a lot of moss in the trees at Lake Wailes Park and asked if this is included. Mr. Slaton said they would be willing to do that. Commissioner Gillespie noted there is an owl and nest in a tree there and asked for caution so as not to disturb them. Commissioner Thompson asked who did clean out around Crystal Lake? They did a good job. Mr. Slaton said Asplund did that and agreed that they did a good job. He commended the efforts of the horticulture department and said this company will be an extension of their efforts. 7. Library Interiors Of Florida, Inc. Proposal [Begin Agenda memo] SYNOPSIS: The City Commission will consider entering into an agreement with the State Contract Vendor, Library Interiors of Florida, Inc. for Adult collection and shelving reconfiguration due to the Library Redesign. RECOMMENDATION It is recommended that the City Commission consider taking the following actions: 1. Approve entering into a piggyback agreement with Library Interiors of Florida utilizing the Orange County Public Schools Agreement. 2. Approve expending funds of $138,825.00 from the Library’s Impact fee. 3. Authorize the City Manager to execute the necessary documents on behalf of the City. BACKGROUND Expansion and renovations to the Lake Wales Public Library were completed in October 1991, with Library Interiors of Florida, Inc. being one of the vendors involved in the project. Due to significant business and residential growth within the city, the demand for extra space has never been higher than in the past couple of year. The new and improved multipurpose and Young Adult rooms will provide much- needed privacy for work and study. Our single meeting room is frequently booked, resulting in the library staff having to refuse five or more requests for it each month. With an average of 40-50 library programs per month using the meeting room, public requests are often left without a space to conduct their business. Library Interiors of Florida are professionals who know the protocol of working in libraries while open for service. They have included the reuse of many of our existing shelf and furniture components in this quote. Area libraries that have successfully worked with Library Interior of Florida include Bartow Public Library, Winter Haven Public Library, Haines City Public Library, and Lakeland Public Library. The city attorney has reviewed this proposed agreement. FISCAL IMPACT The FY 2024-2025 Library Impact fee is approximately $500,000.00. [End Agenda Memo] Belle Reynoso, Library Director, reviewed this item. Deputy Mayor Gibson asked what will be accomplished with this. Ms. Reynoso explained that there will be 3 new rooms including a new teen room and multipurpose room with a partition to divide it into two rooms as needed. Deputy Mayor Gibson asked if the view of Crystal Lake will be incorporated. Ms. Reynoso said that will be part of the next phase. Commissioner Thompson asked about landscaping at the Library. Mr. Slaton said yes he has plans for Third Street behind the library. Commissioner Thompson recommended upgrades to the zen garden to be compatible with the improvements in the linear park across the street. 8. Award Of Bid To Qualis General Contractors, LLC For The Library Renovations.  Commissioner Thompson asked about landscaping at the Library. Mr. Slaton said yes he has plans for Third Street behind the library. Commissioner Thompson recommended upgrades to the zen garden to be compatible with the improvements in the linear park across the street. 8. Award Of Bid To Qualis General Contractors, LLC For The Library Renovations. [Begin Agenda Memo] SYNOPSIS: Award of bid to Qualis General Contractors, LLC for the Library Renovations. STAFF RECOMMENDATION Staff recommends the City Commission take the following action: 1. Award the bid to Qualis General Contractors for the Library renovations. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf in regards to this annual contract. BACKGROUND City staff issued an Invitation to Bid (ITB) # 25-07 for Library Renovations on Tuesday, January 21, 2025. Proposals were due on Tuesday, February 18, 2025, to which six interested parties submitted sealed bids. The lowest bidder did not include substantial items (i.e. structural steel (beam, column, and steel angle); the movable partition; and carpet,). These items were detailed and scheduled within the documents. Staff is recommending the City Commission approve the award of the bid to Qualis General Contractors for the library renovations. Additionally, staff recommends the City Commission authorize the City Manager to execute the contract. FISCAL IMPACT The FY 2024-2025 Library Impact fee is approximately $500,000.00. [End Agenda Memo] Belle Reynoso, Library Director, reviewed this item. Commissioner Gillespie asked if this is related to the previous item. Ms. Reynoso and Mr. Slaton said it was the same project. Mr. Slaton asked about the cost. Ms. Reynoso said it was $249,864 and will be covered by impact fees. 9. RESOLUTION 2025-02, Railroad Reimbursement Agreement Grade Crossing Traffic Control Devices With The Florida Department Of Transportation And Florida Midland Railroad. [Begin Agenda Memo] Synopsis: The City Commission will consider adopting Resolution 2025-02, an agreement with FDOT and Florida Midland Railroad to upgrade the E. Johnson Avenue railroad crossing. RECOMMENDATION 1. Adopt Resolution 2025-02, authorizing an agreement between the City of Lake Wales and the Florida Department of Transportation and Florida Midland Railroad for the Railroad Reimbursement Grade Crossing Traffic Control Devices upgrade for the E. Johnson Avenue railroad crossing. 2. Authorize the Mayor to execute the agreement. BACKGROUND The Florida Department of Transportation notified the city that they would be upgrading the railroad crossing at E. Johnson Avenue to a Class III railroad crossing. The upgrade will include new flasher and gate-type signals equipped with LED lights and pole-mounted bells, wired shelter, and all required and miscellaneous materials to complete the new signal system. The cost of $150,749 for the upgrade will be borne by FDOT.  BACKGROUND The Florida Department of Transportation notified the city that they would be upgrading the railroad crossing at E. Johnson Avenue to a Class III railroad crossing. The upgrade will include new flasher and gate-type signals equipped with LED lights and pole-mounted bells, wired shelter, and all required and miscellaneous materials to complete the new signal system. The cost of $150,749 for the upgrade will be borne by FDOT. After the upgrade, the city's annual maintenance responsibility will remain the same for this location. Resolution 2025-02 authorizes the mayor to execute the agreement on behalf of the city. FISCAL IMPACT The is no increase or change for fiscal year 25/26 budget. [End Agenda Memo] Nancy Hernandez, Public Works Operations Manager, reviewed this item. 10. Leoma’s Landing Phase II Final Plat Approval [Begin Agenda Memo] SYNOPSIS: Hawk Leoma’s, LLC, owner, requests approval of the Leoma’s Landing Phase II Final Plat. RECOMMENDATION Staff recommends approval of Leoma’s Landing Phase II Final Plat. Neither a recommendation from the Planning Board, nor a public hearing is necessary for approval of a final plat. Provided the plat meets all of the requirements of state statutes and local ordinances, approval by the City Commission is a formality. BACKGROUND The subject property is located on the north side of Chalet Suzanne Road, just north of Carlsberg Estates subdivision, and adjacent to Dinner Lake Shores subdivision on the project’s eastern boundary. Leoma’s Landing preliminary subdivision plat was originally approved by Planning and Zoning Board as early as November 22, 2005. The original PDP depicted 256 townhomes and 139 single-family homes. In 2014, a major modification to replace townhomes with 281 single family homes was approved with conditions of approval and waivers of strict compliance. The project was approved for modification again in 2021, revising phases II & III. A total of 335 homes are approved. The project entered into the Site Development process by submitting detailed engineering plans for Phase I in February of 2020. Phase I Final Plat was approved on November 1, 2022. Civil engineering for phases II and III were submitted in March of 2023. All required site improvements for Phase II have been completed. FISCAL IMPACT Approval of the final plat enables the construction of new single-family homes. [End Agenda Memo] Autumn Cochella, Growth Management, reviewed this item. 11. ORDINANCE 2024-43 Amending Chapter 16, Pensions And Retirement – City Of Lake Wales Municipal Firefighter’s Pension Plan And Trust – 2nd Reading And Public Hearing [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 adopt Ordinance 2024-43 as recommended by the Board of Trustees after Second reading and public hearing. 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.  RECOMMENDATION It is recommended that the City Commission adopt Ordinance 2024-43 as recommended by the Board of Trustees after Second reading and public hearing. 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] James Slaton, City Manager, reviewed this item. 12. ORDINANCE 2024-44 Amending Chapter 16, Pensions And Retirement – City Of Lake Wales Municipal Police Officers’ Pension Plan And Trust – 2nd Reading And Public Hearing [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 adopt Ordinance 2024-44 as recommended by the Board of Trustees after 2nd Reading and Public Hearing. 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.  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] James Slaton, City Manager, reviewed this item. 13. ORDINANCE 2025-01, Amending Ordinance 2024-21, Relating To Republic Services Solid Waste Franchise Contract – 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS Amendment of Ordinance 2024-21, five-year contract for solid waste services with Republic Services of Florida, Limited Partnership modifying the frequency of bulk and yard waste pickup services. RECOMMENDATION Staff Recommends: 1) The City Commission adopt Ordinance 2025-01, amending the five-year contract with Republic Services after 2nd reading and public hearing BACKGROUND In October 2024, the City Commission approved 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 use 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. Within the amended contract, Section 17-54 provides two difference options for frequency of service relating to bulk and yard waste pickup: Schedule A – Once a week pickup of bulk and yard waste ($27.58) and, Schedule B – Every other week pickup of bulk and yard waste ($25.51). The price difference between Schedules a ($27.58) compared to Schedule B ($25.51) is $2.07 per month ($24.84 annual difference).  Within the amended contract, Section 17-54 provides two difference options for frequency of service relating to bulk and yard waste pickup: Schedule A – Once a week pickup of bulk and yard waste ($27.58) and, Schedule B – Every other week pickup of bulk and yard waste ($25.51). The price difference between Schedules a ($27.58) compared to Schedule B ($25.51) is $2.07 per month ($24.84 annual difference). OTHER OPTIONS The City Commission could select Schedule A – Once a week pickup of bulk and yard waste ($27.58). FISCAL IMPACT Should the City Commission selection Schedule A, once a week bulk and yard waste pickup, customers would have an additional increase in their solid waste monthly fee of $2.07. [End Agenda Memo] James Slaton, City Manager, reviewed this item. Dorothy Abbott, Finance Director, reviewed the strategies the team will use to inform the public about this change. 14. Special Event Permit: Park Avenue Grand Opening, March 7, 2025 [Begin Agenda Memo] SYNOPSIS This is a request by Main Street to have a special event called Market Plaza and Park Avenue Ribbon Cutting Ceremony on Friday, March 7, 2025 from 5:30 p.m. – 8:00 p.m. The event will include a road closure and alcohol. RECOMMENDATION Staff recommends 1. That the City Commission approve the permit request to allow Main Street to host a ribbon cutting event in the downtown on Park Avenue to include closing Park Avenue between Scenic HWY and First Street and the serving of alcohol on Friday March 7, 2025 from 5:30 p.m. – 8:00 p.m. BACKGROUND Lake Wales Main Street is planning to host a ribbon cutting and grand opening event on Friday March 7, 2025 from 5:30 p.m. – 8:00 p.m. This event will close Park Avenue between Scenic HWY and First St at 2:00 p.m. Alcohol will be served. Police officers will be present for the event. OTHER OPTIONS Do not approve the Special Event Permit. FISCAL IMPACT None. Lake Wales Main Street will cover the cost of off-duty officer [End Agenda Memo] Jennifer Nanek, City Clerk, reviewed this item. 15. Appointments – Board Of Adjustment And Appeals [Begin Agenda Memo] SYNOPSIS: Appointment to fill a vacancy due to resignations. RECOMMENDATION Staff recommends that the Mayor and Commission to make the following appointments as deemed appropriate. 1. Appoint Alfred Cooney, Jr. to a term on the Board of Adjustment and Appeals to expire 7/1/2025 and to a new term that expires 7/1/2028. BACKGROUND 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). Board of Zoning Adjustment and Appeals (BOA) (City Code Sec. 23-206.1) The board consists of five (5) members. Members must be residents. (3-year term)  new term that expires 7/1/2028. BACKGROUND 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). Board of Zoning Adjustment and Appeals (BOA) (City Code Sec. 23-206.1) The board consists of five (5) members. Members must be residents. (3-year term) • An interview process is necessary for new applicants only. • Members are required to file an annual Form 1, Statement of Financial Interests • Current Vacancies: 3 vacancies Current Members: Brenda Jackson, resident 08/03/23 – 07/01/26, 1 Crystal Higbee, resident 07/01/23 – 07/01/26, P+1 Sue Marino, resident 07/01/19 – 07/01/25, P+3 Joseph Hall, resident 08/03/23 - 07/01/25, P+1 Patrick Corwith, resident 01/15/23 - 07/01/26, P+1 Applying for Appointment: Alfred J Cooney Jr. for a term expiring 7/1/2025 and 7/1/2028 The board and staff recommend their reappointment 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. 16. 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 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 25, 2025 at 11:30 a.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 is one seat up for election and one of the Commission members is running in the election so that member does 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 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 is one seat up for election and one of the Commission members is running in the election so that member does 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 and Terrye Howell have served as canvassing board members previously. 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 25, 2025; 11:30 a.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 1, 2025, 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 3, 2025; 5:00 p.m. -A Quorum must be present. Post-Election Manual Audit Tuesday April 8, 2025, 10:00 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. 17. CITY COMMISSION AND MAYOR COMMENTS Commissioner Gillespie praised the Art Center for their successful event, highlighting the valuable contributions of the volunteers who assisted with parking, trash disposal, and other tasks, and noting the beautiful weather. Commissioner Thompson expressed appreciation for the Black History month dinner sponsored by the MLK Committee and the Southeast Well-Field project groundbreaking, emphasizing the city's prudent management of its water resources. He said that the city has avoided prematurely joining the project, which would have resulted in unnecessary costs for citizens, and stressed the importance of strategic planning in the face of unpredictable environmental conditions, praising the city's leadership for their careful approach. Deputy Mayor Gibson emphasized the importance of volunteerism in Lake Wales, highlighting its cost- effectiveness and community-building benefits. He advocated for a systematic approach to supporting non- governmental organizations (NGOs), focusing on those demonstrating self-sufficiency through fundraising and volunteer efforts. Deputy Mayor Gibson mentioned a "snipe ordinance" from Bartow, suggesting he'd like to see a similar measure implemented. Albert C. Galloway, Jr., City Attorney, said he got a copy of Bartow’s and will draft something for Lake Wales. Mayor Hilligoss highlighted the recent ribbon cuttings for two new businesses downtown, expressing excitement for the ongoing revitalization of the area.  measure implemented. Albert C. Galloway, Jr., City Attorney, said he got a copy of Bartow’s and will draft something for Lake Wales. Mayor Hilligoss highlighted the recent ribbon cuttings for two new businesses downtown, expressing excitement for the ongoing revitalization of the area. He also mentioned looking forward to the Park Avenue ribbon cutting, acknowledging the project's long journey to completion. 18. ADJOURN The meeting was adjourned at 3:00 p.m. _____________________ Mayor ATTEST: ____________________ City Clerk