afternoon I'd like to call the order the agenda review for this the um 21st day of February 2024 uh roll call commissioner Mercer here commissioner Daner here mayor protm Yates here and mayor Birdsong here all right I think for the record Reverend dollison is um in Indiana for a death in his family yes sir um we have the Pres legiance presentations are we going we won't do this uh presentation until Monday is that correct correct sir Mr Mayor can I ask a question about the presentation real quick yes um this monor education week I noticed we're having Chris Newman here who's the president I guess this is the one downtown you know we have two monory schools in Winter Haven shouldn't we invite the other one to and maybe have a or is it just for this particular school or I'm just wondering if we should is there only just two in Winter Haven or the more than two that we know only two that I'm aware of um winter Heaven monu is the farther one down which is pre K through fth grade now it's through fifth so they've expanded um Vanessa did this come in through you know was this did this come in through the monor school I am not certain um I'd have to look back I can look back in the emails we can certainly extend that um I think um Sylvia Vega is still responsible for Winter Haven monor well I I know the the youngsters are down a little bit further to the South the younger kids um right from both have prek and I think winter H monor takes them a little bit younger okay I'm just saying if we're doing monory we we may want to invite the other ones have everybody here if we're going to recognize somebody just a thought I mean private school is that we'll uh we'll make a we'll reach out on that commissioner okay all right then ordinance is second reading so this is the second reading so are there any changes or no changes sir if we need to go through them line by line we've reviewed them no changes all right Commissioners do you have a question maybe on uh 0245 all right 0246 anything changed no change no changes 0247 no changes all right all right then we'll proceed to the consent agenda uh 10A I'm going to ask um Financial uh Finance director CFO CJ Scott to help present this one but in in a nutshell and and she can fill in the blanks for me I guess is that when we issue bonds for projects we have so much time that we are expected to complete those projects within and in this case one of the bonds one of the projects that was associated with the 2021 B Bond was for a Downtown parking facility and that is something that we have not been able to deliver on as of yet still working through what our options may be for um providing that facility and so we need to get that money spent and what we are recommending after speaking with Bond counsel is that we will use those bond funds from 2021b and allocate them towards the uh Chain of Lakes Park Phase 2 project and take the cash that we had set aside for the Chain of Lakes Park Phase 2 project and dedicate that ear Market within the construction fund for the parking garage when that project comes on you know ready to advance that allows us to spend down that money in accordance with the bond covenants it also addresses any potential for Arbitrage given what we borrowed that money at and what doll you know what earnings we currently see in the SBA so CJ did I miss anything with that it so it's basically just taking Bond money and and using it now to pay off a project that's underway and taking cash from that project and setting it aside for that parking facility okay do we know what the new timeline would be on the new set aside or well there in terms of when you'd have to pay it down no no the so the money that you're replacing it with that's Bond money as well right no it's cash oh it's cash so you're you've got a lot more latitude there gotta y there is Bond money within the chain Park but this is the cash contribution that we had already set aside within it gotcha mayor yes T would you refresh my memory what have we decided to do on the chain of Lake Project as far as tearing down everything to timeline I know TDC is kicking in would you just kind of give me a quick rund down end if you can remember certainly so you've got um and we've got a budget or agenda item later on in this okay we wait till then then I know it somewhere on here we can wait that's no problem okay I'm sorry about that okay any other questions all right uh 10B I'm not familiar with me going to the nopac I'm the alternate yes sir we approved it ahead of time last year just in case you go so that we don't have to bring last last minute if if sometimes you have to go last minute so if we approve it ahead of time then we've got approval okay I was just wondering thank you AJ's ahead of the game sir all right uh so 10 C and 10 D forward 10 E 10 e MJ will present this for you this evening yes uh good evening mayor and City Commissioner so uh this is a pretty easy one this is a transfer of Roosevelt Drive uh from the county into the city uh currently it's a road RightWay um there is pavement there but that has never officially been adopted as a road by the county um we applied for uh funding through dot to build a complete Street in that Corridor So yeah thank you uh between Cyprus Gardens Boulevard and register road is the section that we're talking about it doesn't actually connect all the way through uh there's just kind of some dirt back there where people have made their own path um so we applied for a complete Street uh grant for this project that is funded uh by the fdot in fiscal year 26 uh so we would accept this RightWay area from the county into the city so that we are then able to begin the design work and permitting associated with that project you anti you anticipated a light there or just a right right turn uh not when it goes on the Cypress Gardens so I don't know that there would be any changes to the intersection associated with that project cuz people still come across there and try to turn left and it's just a nightmare yeah I'm guilty I've done it many times I think any intersection changes there would be involved in a larger project that the do is looking at in that whole Corridor the the complete street is really just between kind of the stop bars on Roosevelt and and where it would connect the register section got it anybody else I think we've had a lot of conversations on that road when with the uh when we were doing some annexations out there um several years back and then also when that hotel was coming online getting underway yeah we did and when we put the grant agree together um so this one uh you guys may recall we purchased the radio station property adjacent to South Lake Howard Nature Park um and then we approved City commission approved the award and authorized the city manager to engage in contract negotiations uh with ever Whitehead construction and staff has worked with Whitehead and the City attorney to create the attached master design contract for South Lake Howard Nature Park uh so this project will feature environmental and recreational components uh that includes storm water treatment ponds as well as amenities such as nature trails disc golf courses playgrounds fishing pier picnic area Outdoor Classroom uh so this is really just to begin that design work um the total design has a not to exceed amount of $281,000 $ 28137 and funding for that design work um is budgeted for in fiscal year 2324 any questions all right ten could could we we be notified cuz I may participate in the 5K oh absolutely I I'mma walk it not run I'll walk maybe we'll we have to issue a challenge amongst the commission to I did that once before you remember that was one of the few times I heard JP cuss that's what I challenged him didn't go very well if yall let let me know I how to sign up I'll I'll assistance city manager bird will make sure that and I think uh Chief Brandon is here somewhere that David Keegan delivers personally to you the necessary registration paperwork all right okay so that um that item by the way 10g is just for the road closure permit that's standard with what we do for parades and road races all right 10 H so 10 deals with the uh HVAC at Norm Hall as you'll recall in 2017 we uh established a lease with the state of Florida to utilize that building we pay $300 a year for the building but we are responsible for the upkeep and general costs of the building and any modifications that in uh that are pertaining to the maintenance of it you are all familiar that HVAC system has its ups and downs uh it was last upgraded in the early 1990s and is showing a need for an overall renovation so in our budget for this year we included $1.5 million for HVAC major overhaul of that of that space um we've received a proposal from Mechanical Services of Central Florida this is via our source well participation agreements and this is broken into two phases the first of which is an evaluation and development phase where they will evaluate the current system and create a plan for needed upgrades and renovations to include um more modernized controls this phase will will also include cost estimation throughout the process so that we can keep the Project's budget at the Forefront it's expected to take about 60 to 90 days to complete that phase and then phase two will be dependent upon the final equipment selections uh we do recognize that certain equipment could have very long lead times estimated at 30 to 45 weeks in some cases the way that building set up right now it's kind of like the old chain Lakes complex there's one set of controls and it's pretty much on or it's off and so um you've been in meetings I'm sure within the uh the um the main hall where it's been either very very warm or very very cold I'll tell you when it's very very cold in that space the offices that surround that are like um walk-in coolers they are freezing so we've got to get some some control on that uh We've also had some portions of the system that have failed on us at times uh and it's just creating too much of a of a risk in in how the buildings operate so the money that's budgeted and it's a a sound approach using one of the sourcewell vendors to go in and do the evaluation and then come back with a proposal for how we move it forward GE I'm just wondering so is this are the units going to include heat I think that's you know that's part of the evaluation of what's there today I think that building does include heat today but I think it's just so old that they don't function function and then also how do you the we've added spaces within the you know the perimeter of that building is office spaces and between the department of agriculture's occupancy within there and our own we've added walls we've taken down walls it's mostly you know false walls in there so how air circulates through the building has been impacted so really looking at all of that not just what we've how we've modified it for our own use today but there's some spaces in there that we plan to modify into the future that we take that into account as well all right anyone else okay Chain of Lakes Park Phase 2 demolition so this is the item commissioner dancer was referring to that that speaks to the park project so in 2023 the commission awarded a uh semar RFQ to ra of construction so semar construction manager at risk they work hand inand with the architect on the project which Dave Carter is is the engineer of record and has the the design component of this Carter K engineering so they work alongside the engineer to um value engineer and price out the project as it goes forward this is the same we did on the Advent Health Fieldhouse as well as what we're doing on the Winter Haven Recreation and Cultural Center we have funding for this project kind of goes back to the earlier item commissioner um Yates that the city had a $5 million set aside in cash for this project the county committed $5 million to the project Pro up front and then together we both bonded for $10 million with each side responsible for principal and interest on their respective $5 million contribution so there's a total budget of $20 million for the project 10 from the TDC 10 from the city half in each case is in the form of cash half is in in each case is in the form of principal and interest payments the semr process early on did the cost estimation based upon uh all of the demolition work that's to be done at the site and then what we call phase it's it's chainer Lakes Park phase 2A which is taking out all the doing all the Demolition and reconstructing the baseball facilities and the support elements for that the only piece that doesn't get finalized within 2A is the shoreline uh full activation and some of the um ancillary open field space within what is presently the lower Fields uh one of the benefit benefits of that is we get to use those spaces and see how they how they're going to be used before we go out and build a whole lot within those Extra Spaces cost for those is somewhere around $6 or 8 million based upon the original estimate so what we're asking for this evening or what we'll ask for on Monday is to begin some of the demolition work we're still going through permitting with Southwest Florida Water Management District um and that is expected to take about 3 to months however the ver and before you can do major site work you have to have that permit but some of the vertical structures that exist can begin coming down now so that's the stadium the clubhouses the offices and some of the other buildings that are there so Rada has estimated that demolition work for those structures to be approximately $1.2 million and that is accounted for in that $20 million estimate that we got you know some time back so so in order to expedite this work and try and keep us on schedule with a uh project completion or activation of the site by February of 2025 we're requesting to be authorized to go ahead and move forward with demolition work it a not to exceed amount of 1.2 million that work does have to be bid is part of the semr process so R handles that bidding process as soon as they get those bids in we'll issue the purchase order that will not exceed 1.2 million so that work can commence and keep us on track does I don't know if that answers your question commissioner Dan much so so I'm just for warning our commissioners when we tear on that Stadium which is what this million bucks is going to do we're B to get some phone calls I would imagine I'd be surprised if we don't especially from the old-timers that like me used to play there and all the other kind of stuff we we're liable to hear about that so but um you know you know price of progress I guess and the other thing is T the um lights remember we had a discussion about using those lights repurpose using them somewhere else we those those lights as old as they are they're repurposing within our system is the technology is so far Advanced from what what those were um as you recall if we had a if we had a power outage at the stadium for a night game we had about an hour delay in order for them to warm back up we don't deal with those situ anymore because of the technology and lights the light arrays themselves have already come down so I don't even if you you notice that if you drive by the poles are still there but the arrays came down um and we needed to move quickly on that because uh we were free of any offsp nests yeah and if you have as you know if you have nests within those your your ability to do anything is is directly impacted those pesky Birds um I'm teasing and we are trying to salvage as many of the seats as we can um I've had a number of people reach out I don't have a a clear pathway or strategy on on how to to make those available what's and what's even worth you know from a safety standpoint I know that we are going to try and retain as many of those as we can for use within the new park is kind of the the motif of keeping the historical aspects of the original chain of Lakes Park through a um a history wall there and using some of those chairs in Li of park benches to to retain the fuel there's nothing back there that's salvageable all those little ice machines are gone everything's gone it's just we have we have pilfered out and put into other operations as much of that as we could washing machines are now used within chain Lakes complex for you know the the Linens for our our rental functions and things like that there's just they're very little if anything in there that's that's worth salvaging does Dan have something stored down in there was he using storage down there some way yeah I know Julia I think they they were using the um what we call the minor league the minor league weight room which was kind of like an open air you could roll up the doors on it it was right there to the um to the right hand side of the lower plyometric field and they were storing in there but I think everything's been moved out since then they have I would say 99.9% of their stuff moved out Dan's doing a final walk through this week to confirm that we're all set by end of week this week we should be at the point where we're ready to move forward with demolition okay good just making sure he's aware so oh yeah we've been working closely with him this entire time to get because he had to find alternate locations for storage Etc so um we're at the very end of that road now okay so what this item does is it basically ask the the commission to pre-authorize um the issuance of a purchase order not to exceed $1.2 million for the demolition contingent upon those those bids coming in through the CMR process I'm good any other questions and I may have I may have missed it but you said the timeline from today when when do you think the I'm going to defer to Andy on that one he's the project lead on this good even uh roughly if we start we hope to start the demolition late March early April based on the timeline of the of the bids and that is expected to take two to three months we expect our Swift mod permit I'm going to say late May early June so the expectation is that we should hopefully finish the vertical Demolition and be right be able to go almost right into what I'll call Park construction which would include the the baseball fields and any final demolition and then that would be uh probably all the way up till about febru the February 2025 so early summer is when we would expect that Park uh proposal to come before you well it would come before you prior to that but to get started on the actual construction I think thank you and so I think you know from day one on this I I've been you know I understood the need for like commissioner danler said I mean it's part of everybody's history right so I went to ball games there and Michael Jordan was there and you know spring training games what's that did y'all buddy up and play catch he he wouldn't talk to me but um Tommy Lort did but you know it's uh it's part of winter Haven's history and it's it's going to be painful to see it go but ultimately it's not being used it's it's space that that you know is is past its time and it's important for me for me to not only get this space activated for new multi new fields that are going to be able to be used during the day and at night and expand capacity out there but it's not just about the ball players it's about the community being able to utilize that space in and around the fields which they can't do now so it's again not to repeat myself but it's it's just extremely important to me that we move to those next phases and activating the shoreline and having the walks out there and and having that space be community space Not Just ball player space and to repurpose parts of the stadium throughout the project is um extremely important to me as well so that we can continue to remember our history with that with that property so but it's it's time it's it's passed its time and it's uh professional baseball is not going to be coming back to Winter Haven it's it's not a reality so um we need to move forward as a community and make this space a community space yeah you know I was uh talking with my wife that we were going to demolition the stadium and and she pulled out a letter where she was invited to uh sing the national anthem at one of the baseball games and so we were just sitting there saying well this it's going it's going going soon to be gone I I'll share with the commission and I appreciate your sentiment um I think commissioner Daner probably has is is more of a tie to this facility than than anybody I've ever met given his his father's involvement in it um but yes the community it's it's it's a rich part of winter Haven's history I remember sitting in this Stadium on my dad's birthday the day Ronald Reagan was shot and having that announcement come across that and and it was a just a a complete silence in there um we we had a lot of great experiences with the Red Sox we had a lot of great experiences with the Indians when they were there um it's been dark since 2008 other than what what activation we could do with rmat it is um for a facility that was once the uh one of the top five stadiums in the country in the height of spring training in the early 2000s it is certainly uh shown its age ever since and I think that commissioner Yates as you said activating this space for uh use by uh tomorrow's great athletes uh the Youth of our community certainly will that's a great outcome from it all right we'll move on to uh resolutions 11a so 11a CJ would you like to to speak on this one this is the SEC rule for Dak compliance um so the city has a lot of outstanding debt and that debt we have to um there's a lot of reporting requirements po per sec it's called po issuance compliance and we are in compliance but we just want to have a policy in place and it's recommended both by uh daak the SEC and gasby so the purpose of this policy is just um to outline the compliance requirements the education requirements and how we plan on um being in compliance so this is something we already do um giving you know when there's specific events or changes that that happen uh that directly tie back to uh any borrowing or bonds that we have done we have to report on that so we do those things now but this formalizes it into a fiscal policy for the city okay any question Qui I got a quick question um CJ who do we who's the controlling Interest Who we report this to so it's called Emma it's part of the msrb and it's like a repository msrb uhuh and then they I guess probably give it to the Credit Agencies and stuff and so anybody can go into that repository called Emma and look at um so like um any broker we can go look at other cities or counties so really anybody has access to it but I assume that's where the Credit Agencies at R Us yes that too that's why it's mandatory that we keep it up there and current right but we never had a policy to said that we just always did it okay well we had to do it right but yeah this makes it official any other questions all right and then um 11b we'll be appointing someone to the uh advisory committee yes sir so D we win is uh was recommended Ed um by the affordable housing advisory committee at a meeting last Tuesday to um be presented to the city commission for appointment he will fill the seat that is designated as a citizen who is actively engaged as a for-profit provider of affordable housing this was the application that commissioner danor had mentioned when we met uh in your last commission meeting so the aack has approved that to move forward our hope is that when um after this appointment that is we have more appointments come in that we'll be able to bring back additional appointments the ahck to the Commission in March okay I'm just curious did y'all get the quorum quorum they had a quorum on Tuesday they um we needed to do a uh formal notice in the newspaper for them to officially adopt their annual report that advertisement ran today for a meeting that will take place Monday the 26th at 5:00 p.m. in this space they will approve the uh annual report at that time it will come to the city commission at your next meeting and be submitted to the state at that point and that is uh under the advisement and coordination with our technical adviser at the state okay all right very good all right uh audience's first reading 0241 CJ would you like to present this one please um so so each year the budget uh the commission approves budget transfers and budget amendments a budget amendment means we're going to increase or decrease the budget and a couple examples are like FEMA and interest earnings those increased our budget so we had a budget amendment budget transfers are within a fund and um what we're proposing is that the city manager be able during the year to do budget transfers um and then at the end of the year it would be approved um by the commission and that enables us to keep the budget current as we're doing our um budget for the next year and it also increases transparency and I think it's um much better fiscal management so that's what we're proposing that the city manager be able to do budget transfers and then at year end um as always the commission will um approve those budget transfers so to kind of summarize what how that would work at present time I use as an example the tennis center if Dave saltman or tennis pro needed more money in his consumable supplies than he had budgeted and he had savings within his training he could he can I can move those monies within those two accounts but I can't move money from the tennis center to the uh swimming pool even though they're within the same Department we do that throughout the year we have to bring that to the commission this would allow that to happen within the specific fund so I couldn't move money from say the Utility Fund to the general fund but if I needed to move money from the cost center that operates the police department uh and put it within the fire department to make up for overtime shortage or some equipment failure I have the capacity to do that uh of course it still requires ratification by the city commission so it just gives some flexibility in better managing the general fund and the Departments within the general fund as they face challenges throughout the year okay any questions two questions go ahead one is um if the Enterprise transfer fund moves for board in Tallahassee would that eliminate these kind of transfers as well no um so if if the if you're moving money from One Fund to another general fund to Enterprise fund or vice versa and CJ please correct me if I say this wrong that requires you to pass an ordinance because we are reappropriate money within major funds that that only can Happ happen by the same means that you adopt the original budget so if you were going if there was a a a shortfall for some reason within the general fund and you you opted to move money from the Utility Fund to offset that which we would not recommend happen but that would require an ordinance to do it to move money within the fund so in the general fund that is police fire Parks um economic investment Community opportunities streets those types of operations to move money within that fund what what this ordinance would do um would allow me to make those changes within those general fund departments without having to bring it to the commission each time and then the commission would ratify that at year end another example of that commissioner Yates would be within the utility services dep Department um I'm looking back at Gary I'm going to say we probably have 9 to 12 different cost centers within utilities so the wastewater treatment plant two is a different cost center than wastewater treatment plant three may be necessary to move money from plant two to plant three based upon some operational need or equipment purchase this would allow me to do that administratively and it it allows us to see clearly what is being spent within each cost center throughout the year versus waiting till the end of the year from a budgeting standpoint it's a it provides much greater insight as we're preparing the next year's budget is there any cap to I mean what what would be we're not talking about hundreds of thousands of dollars in transfers or you could if it's a capital project within within those if it's a you know an equipment failure within utilities you could be moving you know significant money around but it doesn't change the overall budget it just that budget for that fund remains unchanged if it's if it's a $70 million utility budget it finishes at 70 million just the same it's just where those dollars are expended may have to change within there and when they're moved that has to be brought back to the commission for ratification I think my concern is and and I I get this and I think we've got an excellent city manager currently but 30 years from now when we don't have the same or 40 years from now when we don't have the same city manager not to date you but um you're good for 40 more years right um I worry I worry a little bit about you know I'm wondering if they want to take the over under right I I do worry a little bit about you know passing this now and is the next guy going to be as phisically responsible as as the current city manager is that a a valid concern or or what are your thoughts to that I don't know that um I appreciate the the compliment first of all um the I think there's enough controls in place in the way that that the the budget is created the way the budget is adopted um the capacity to to you know the budgeting process is is very sound we're not talking about moving you know eliminating the entire budget within one cost center and moving it into another this is minor ad adjustments throughout the year yes you may have a a lift station that that fails you know you may have a a major infastructure piece that suddenly has to be replaced that was not anticipated and so you're moving money from one Capital project that was a lower priority into this one we do that now we just did that recently with some um changes within the uh in response to the um the clarifier situation at plant three you remember so I think it's it's it gives us the L attitude to respond to those things but in reality the frequency of it is is somewhat limited it's in small amounts when need be it may be um that to expedite a project that involves park right away it makes more sense to to do that as part of a streets project well the money is budgeted within Parks let's go ahead and move that into streets so we keep it all together cleanly as one project and we can track truly what that expense is I think your controls are in in they're going to be safe enough that you that risk is reduced I think your audit's also going to show that and my second question was and I know I added a couple in the between but Enterprise transfer funds in Tallahassee we we've got we're being inundated with so many bills up there right now I've kind of lost track do you know off the top of your head where that one currently stands I'm going to look to Gary and see if he's got any update um I have not heard an update as of late on enterr Enterprise fund transfers good evening Mr Mayor and Commissioners uh the last couple of weeks that transfer bill um has not been heard so we think that it's probably going to be pushed off another year so good things just keep our fingers crossed we got two weeks left so thank you seven days the one on um the homestead exemption was heard today I think at 10: but I haven't heard any updates at all on it so there's a number that of them that we're tracking still um business tax receipts utility transfers uh utility searge fees expedited permitting it's it's as as Gary said we're in the in the session ends next Friday um and so conference committees are being established hand you know handle budget if something hasn't been hurt at this point it's likely that it will not move forward but um we'll get updates by the end of this week and then also on your strategic planning Retreat um we have a a member from the league lined up to come in and give us a full recap of those things specifically impacting Winter Haven CJ did you have something that you wanted to add on oh I was uh just going to say per our financial policy um a cost center cannot have a negative balance at year end so that's what the city manager would be doing throughout the year and you know thinking of like what could go wrong the commission still has to ratify everything at year end so any um budget transfer that the city manager is doing you all would have to approve that ratify it at year end yeah and it's just the year end part that scares me because you know there's that's year end so it's already been done so and and and and and it's not that you know again I think current situation is great I just don't know what commission is going to be up here in 15 20 years and I I I'm cautious on passing something now that could result in negative implications down the road if well let me let me offer this what the way it works today uh commissioner Yates is that we we just we leave those as they are and we bring it back for one Swift motion at the end of the year by the city commission it's the same thing we're doing this just allows those actual transfers to happen throughout the year so we are doing a more realtime accounting of where dollars are being spent to give us better opportunity to make the right decisions for future budgeting so it's it doesn't change anything that we're doing other than it it allows me to move that money and clearly document it within our financial management system so that when we look at see what did we spend in streets it is clearly reflecting what was spent in streets the way it happens today is it's going to reflect what was included in the streets budget but if we needed to take money from another budget to to backfill something there that's not going to be reflected okay a quick question Mr um first of all T did a great job explaining all this stuff so you did I understood it so thank you for that CJ question what's a typical movement because I I'm going to ask commissioner Yates a question in a minute but we move money is it 10,000 100,000 I know we went we had like 10 entries last year um some of them were large I remember one was ground maintenance in um just in parks and rack and um we just moved it from like admin to I can't the field house something like that and then also legal there was a lot of legal in city clerk um um they had voting and there were a lot of uh legal obligations so we had to fund that from the city manager's uh cost center I I get where commissioner Yates is coming from and I I kind of think that maybe I'm trying to look for maybe if we've did like a cap or something if it's over a million dollars or under and I know at the end of the year we move it anyway whether that's or whether that's something that might work to for for in the future or whether that's even necessary or not I don't know but I'm just sitting here grappling with what you're talking about and thinking that maybe and and and I assume that we get the information anyway when you make these transfers they come to us and we're aware of it we just don't vote on it you do it every year at the end of the year I'm talking about real time though you know like during the years what we're I think that's where the uncomfortableness is is it's happens just we just see it at the end of the year versus Real Time it' be the same thing you'll see it at the end of the year I mean it's the same process it's just we're documenting it more effectively on the front end for for planning and budgeting purposes okay you know I think one of the the major bottom lines is that you can't change the amount of a particular yeah category I mean if if if they could do that then that's when I would be worried but long as they stay within what we have approved then I'll give you a good example you have a you have a um uh a police incident that requires extensive overtime associated with investigation and the followup and we've had this happen in the past at the end of the year that that police budget is realistically in the negative because they had to spend so much additional time in the overtime this would allow me to transfer money into that line from other accounts that are not being utilized in other departments to make sure that that account that police budget ends at the year end in the black and that's a real situation um Emergency Management same thing you have a hurricane that comes through the ability to move Monies to respond to that allows for those to stay in the black throughout the operating year and show exactly where we made expenditures okay anyone else o 2412 uh 2412 I'm going to ask Eric Labby to present this this is pertaining to uh fences walls BMS and hedges sure Mr Mayor Commissioners um from time to time in our uh effort to provide uh excellent customer service we'll bring in a an amendment to you that re rewrites a section of code to make it um more usable U more user friendly um doesn't really change a whole lot of the regulations other than it does specifically um insert the word wall um and or walls into places where it was omitted previously um and just spoke to fences it reorganizes the section uh as it's been amended uh six times since 2000 it reads awkwardly um and so this will rewrite that section um to include um an update that clearly states what applies to fences and walls uh in addition it adds U maintenance requirements um setback standard for uh retaining walls and it defines a retaining wall which we don't currently have in code um this were Was Heard by the Planning Commission on February 6th and uh they voted unanimously to recommend approval of this request there is a Redline strikethrough version in your um packet that speaks to all the changes but like I said the only changes really were to add um the the word wall to make sure that um that the section uh applied was clear that it also applied to walls as well as fences does not change any of the height requirements or the zoning districts for which those uh walls or fences are permitted any questions thank you for the Red Line Eric yes sir 0 2414 I'm going to try and make this one as uncomplicated as I can so um mayor bson I believe you are the Lea on to the firefighters no fire Trac okay commissioner mercy so the way that our pension is set up presently for firefighters they um if a firefighter is re is fully vested and retires prior to age 45 which is the normal early retirement age within the ordance for firefighters if they have not yet attained age 45 they are prohibited from receiving their benefit until they are age 50 conversely within the police department their early retirement age is age 50 if they retire earlier than age 50 they can begin receiving their benefit at age 50 so what is being proposed within this ordinance is to align the timing for the the retiring employee to begin receiving their benefit to be the early retirement age regardless of what age they retire at so as I said right now a firefighter if they retire they they have their 10 years plus of vested service they can retire at that point and and have a benefit however if they are not age 45 yet they cannot collect until they're 50 this change would allow them to collect at age 45 which is the early retirement date established within their ordinance this would take effect March 11th for any employees that retire after that point if they were to retire prior to March 11th they would be subject to what the current ordinance calls for uh which is that they have to um if they want to receive the benefit at the earliest possible age they have to remain employed with us until age 45 so it's very confusing but what it's intended to do is align the the I guess the the principle and the the protocol between the police and the fire to be one and the same that they can begin receiving that benefit at the earliest retirement age which is defined in the ordinance regardless of what age they are when they retire your question question all right new business item 13A so this item is in relation to the cdbg funding the community block community community development block grant funding that we receive uh from the US Department of Housing and Urban Development HUD uh so locally P County administers the city's funds uh recently the cdbg funds have been allocated towards Winter Haven Recreation and Cultural Center uh to help fund that project uh to help fund the lake conine project um the recreation side of that project uh those funds must be utilized within an eligible area or population um so staff worked with Grant Consultants this year and have completed an assessment of the neighborhood service center over on the north side of Lake Ma Nature Park um working with that director and have identified some upgrades to that facility uh that would emphasize modernization of that facility Ada upgrades expanding service accessibility uh inside and outside of the building and alleviating some areas of flooding um so this we're proposing that take the cdbg allocation uh for this coming fiscal year and allocate it towards the efforts to improve the neighborhood service center um also on Monday night uh that this item being presented will serve as a public hearing related to that okay any questions all right 13B I'm going to ask Eric lbby to present 13B and 13 C there is in both cases a uh some consideration that we'll ask the commission for some recommendations or Direction on with respect to Mr dy's proposal as well as the offer made by Mr Cameron in comparison to what the assessed value of the property is sure mayor Commissioners um so round about the same time um we received two uh proposals uh this particular one pertains to uh a proposal received by Mr Terry dudney uh regarding a small piece of property that is located within the Florence Villa CRA he provided a written proposal on February 12th um for the purchase of the parcel and the parcel identification uh number is notated in your fact sheet it is approximately 06 Acres uh located at the northeast corner of First Street in Avenue P if you may recall um we transferred a similar small piece of property to Mr dudy I believe it was last year um for a project that um he is currently working on um adjacent to that particular P piece of property um the request would be um to enter into a purchase and sale agreement with Mr dudney on this piece of property which is also adjacent it would be added to his um existing project um providing for an opportunity for redevelopment and new construction on that property and adjacent property Mr dudney is offering $4,000 but is requesting the city commission um consider uh donation of the property um consistent with our um policy for disposition of of property uh with locally with with the city uh Mr dudney intends to incorporate this parcel like I said with two adjacent Parcels that are already under his ownership and control to to facilitate the development of a mixed use project uh including retail and apartment uses there is no um direct Financial impact to the city um but in addition to the purchase price additional adorm taxes would be generated from the sale of the property and construction of the proposed development um staff would recommend that the city Commission accept Mr dunne's proposal uh on Monday and provide guidance as to the preference for sale or donation and um this request would be to authorize the city manager to negotiate a purchase and sale contract with Mr dudy uh to bring back for your consideration um This was um advertised uh in a local in the sun in a local newspaper to um solicit any additional proposals and no other additional proposals were received any questions AJ is there a map that shows that property okay we'll make sure we have a map uh for the Monday night's um commission meeting but this is just a small sliver of land right there on us on First Street North yeah my apologies I'll I'll I'll upload some maps for these I got a quick question a couple of questions if you don't mind Mr Mayor Eric I I don't know if I was talking to T or John I talked to both of y'all today when do we decide whether we're going to do an appraisal on this one and the other one on the other when do we decide if we're going to do an appraisal and when we're not and if we sell it does the money go into the general fund or do we have a particular place that we put the money I'll speak to the issue on the appraisal um within your policy it states that the assessed value is used for properties that are valued less than $100,000 and that if there are over $100,000 it requires a qualified appraisal okay and the um disposition of the the receipt of the funds I don't know that there's a clear uh designation I would assume that that would go within the general fund unless um it was directed somehow to the C I believe that's what we did with previous properties that we sold to the general fund not to the CRA it's not CRA owned property it just happens to be within the CRA we just go back in the general fund as far as Mr dooney's concern I'm all for letting him have it if he's willing to develop the property with some sort of a five-year clawback maybe if he doesn't do that or something in that regard but I think I for one would be more for for giving it to him if he's willing to do something like that property God blessing but that's just me if I think what he's trying to do is um there's already a structure a j right there at the property and he I know when we uh did the other one it was to enhance uh parking to provide parking so I'm I'm not so sure that this is just an overall yeah if if you may if you may recall when we transferred the previous small sliver of of property we did enter into a developers agreement with Mr dudney and I believe it did have um some reverter language in there if he didn't perform as as pertains to Redevelopment of of the property um I would suspect that um in the negotiation of a purchase and sale agreement we would contemplate adding this particular parcel into that developers agreement and bring that back to you for your approval I believe his intent is to build another structure there and and you know I'm I'm I'm all for it with the with those clawback Clauses as well you know in there and I wish we owned all the slivers along there so we could give them all away um because that's the only way we're going to Spur development from when you know that street was widened a long time ago there's a lot of slivers of property but unfortunately the city doesn't own all of them but at least here we can actually spur some growth and and have a way to get the land back if it doesn't move forward and I don't I'm not talking about onerous let's give him five years or 10 years I'm not saying you know six months kind of thing let him have as much time as he needs that's all I'm saying so what what are you all actually going to bring to us Monday night so so for Monday night it's authorization for the city manager to negotiate a purchase and sale agreement um with some direction from you guys whether it would be a a a purchase or or a donation from the city to Mr dudney and then um we bring back a purchase and sale agreement um as well as probably a developers agreement um supplemental developers developers agreement to add this parcel to the existing developers agreement for your consideration I I would suggest that Mr Dy pays all cost and transference of the land and then you know we give it as a ation with the with the claw provision so that way he handles any cost in transference of the property whatever and that would be my suggestion okay I'm good with that we we'll take this up Monday you're good with that all right I'm good with all right uh 13c yes sir so the next one is uh very similar uh we received a request from Mr Bob Cameron um with respect to um two small uh Parcels uh together they total .18 Acres of property uh they are located um at the intersection of US 17 and 6 Street Southwest um immediately north of the building that has the mural of the alligator it's the what mural of the alligator on the front of it as you're traveling on us7 you can see the big alligator mural so this is if this is um due north of venue 650 I've not seen any alligator sorry sir maybe you need to slow down a little bit so this is if you're traveling south just for landmark purposes if you're traveling south on US 17 and you go past doties before you get to ARS awnings there is a I believe it's an air conditioning business business that is RO where she is circling there so it is the the Green Space just north of that marker and no it's no it's right there trees are where the trees are yep so can you zoom in on that a little bit AJ so it's that green space that you see next to refrigeration and electric service ink that is City own land and the only Ingress and egress will be off of six Street cor that would be my expectation I don't think that you would get an access off of Third Street Southwest or US 17 um you can travel north and south on 6th Street at that particular location you just if you're traveling north you have to make that rightand turn back out to us 17 these these were two Remnant Parcels that were um deed quick quick quit claim deed to the city um after the Reconstruction of us realignment of US 17 um so they've remained in the city inventory for quite some time um like I said together they are 0.18 Acres of property Mr Cameron has offered $225,000 and plans to pursue the entitlement and construction of a small retail shop consisting of bicycle sales and rentals P County property appraiser lists the combined current uh just market value of the properties at $34,636 um staff does not anticipate any future utilization of this property no other offers uh were received when we advertised the availability of this property um and again similarly staff would recommend that the city Commission accept Mr Cameron's proposal and authorize the city manager to negotiate a purchase and sale contract consistent with Mr Cameron's offer and our local city uh policy with respect to disposition of city-owned real estate what was his offer 2 25,000 can can we tie in any anytime these lots are usable like this one the difference between this lot and sorry question go ahead anytime you know the difference between these two lots this lot's a lot more usable than the other lot is without the the connection of the other Lots so my question is you know when we have these usable Lots like this can we can we tie in a first Rider refusal clause in there that if if they are you know just like we did for the the parking lot downtown if if they decide not to move forward then the City of Winter Haven can come back in and purchase it back from them at the same price to put it back in our inventory yeah I I would defer the City attorney but I think that is definitely doable yes that could be a possible turn it it is it it's usable I would say that its usability there there is some risk that Mr Cameron is taking with this property it is adjacent to a DOT right away so he'll have to get um approval from do even though he's not accessing from from do side um with respect to storm water permitting he would have to get some sort of exemption or um or provide storm water in some way um on this particular piece of property um he's contemplating a rezoning which is you know not guaranteed um and and so he is inheriting some some risk in this on his side as well absolutely I I just think you know and anytime we can activate a non-used property that that's a good thing and from from my understanding this this will be a a great what he what he plans to do there it will be in a great addition to us being a trail head Community um and being right near the the trail itself um but but when we sell land that's usable land and then it doesn't go for the purposes intended and then the purchaser goes out there and resells the land for double or triple or quadruple that bother that bothers the heck out of me um so I think any if we can put that in there that'd be beneficial if the rest of the commission feels that's appropriate you know I've contemplated what could go there besides a sign location or maybe a you know some sort of a I don't know what you put on that little dinky Place keeps us from having to mow it though so puts it on the tax rolls puts it on the tax rolls and we quit mowing it I got no problem with what you're saying if Mr Cameron will go for it but I'm all for letting it go and let's let's let him let's let him do his thing probably cover up that alligator mural you know uh Mr Mayor this begs a question Eric and um something unrelated I asked asked a while back about a list of properties lots that we might have and you said you were had one or you were going to get one do you have you been able to compile that yet or yeah to to my knowledge we have approximately three Parcels is all that we have currently um within the CRA districts that are city-owned um and I can I'll get you a list what about nonc like all over the place I mean weren't we what we we talked about having like Habitat Humanity was going to B build and we we had all that discussion and I know there was properties that were tied up in Probate and all kind we had a big long talk about it yeah the vast majority of properties you know all the properties that are tied up in Probate probate are privately owned um you know properties they're not they're not in the city's purview right right we would have to purchase them and clear up title um so you only know of three lots that are currently city-owned that we own they residential or that are res that I know of that are resent residentially zoned okay um that could accommodate uh a single family home and that's in both cras yeah and we don't we don't currently own there are no properties that are City assets that are large enough in our inventory right now to to accommodate a multif family project nothing no and that's both C yes sir okay yeah I would like to get those lots whenever you can just I'd like to have them thank you that's it mayor for me right 13d appointments uh 13d so this is the airport advisory committee um in May of 23 commission passed an ordinance 2314 which amended chapter 2 Article 2 in specific sections as they pertain to the AAC um section 2 point or 2-71 paragraph 5 states that each member of the airport advisory committee shall attend in person or virtually a minimum of 2third of the meeting held each year and a review of Committee Member attendance shall be conducted at the conclusion of each calendary year and members who do not comply with the minimum attendance requirements may have their appointments rescinded at the discretion of the city commission so that uh that policy took effect in May of 23 the chairperson for the AAC is Bruce lion he conducted that review of attendance in early January for the calendar year recently completed there are two members who did not meet those requirements um one is the ex officio who was representing pulk State College at the time and had a change in employment uh thus was unable to continue participating as an ex officio the other was uh Mr Jeff Donaldson who was not able to attend all of the meetings um and uh I did speak with Mr Donaldson today uh he expressed that that if if the commission was so inclined that um he still interested in the airport uh based upon the the conditions of the ordinance the recommendation coming from the airport advisory committee chair is to replace Mr Donaldson with the alternate who has been serving on that committee uh for the past few years Mr Allan Anderson Mr Anderson attended all but one of the meetings during the calendar year 2023 um and I believe that uh mayor proam Yates you may have met him the meetings you have and I'm sure commissioner Daner recognized Allan Anderson from the time that he served on that committee as well the other recommendation is to replace Mr uh Eric Crump uh he was representing pulk State College to replace him with Mr Brian Hughes is an ex officio Mr Hughes oversees the Winter Haven High School Aerospace program that is on on site there there's not a specific term for that ex officio that just goes basically indefinitely as long as we have the committee or until there's a need for that change you can have as many EX officios as you so choose the term for uh if Mr Anderson is appointed would be to to fill fulfill the remainder of Mr Donaldson's term which expires uh August 8th of 2024 at which point there would need to be a reappointment made okay does Mr Donson won't stay onor he say he was happy to get off what was his he he certainly has a continued interest in the airport whatever that means s okay well you don't come you got to you got to be there you got if you don't come you don't and you said the other guys only missed one meeting as an that is correct okay yeah the City attorney just remind me the other thing that happens with the alternate year ordinance that was amended in 2023 does take away that alternate position in August of 25 that that alternate position would naturally Sunset and there would not be an alternate going forward after uh 2025 okay commiss Mercy yes could we visit 12a again and I just wanted to ask T if under emergency situation if you needed to do something under that um I guess it's going to be an ordinance um you would be able to act in emergency position legally um in a budget situation that you needed to um do whatever you needed to do as far as funding so the way we do emergency purchases now is certainly if there's a sinkhole that opens up in a roadway or a major utility break and we have to act expeditiously before we can convene a commission meeting or you know if some something were to happen next Tuesday it's two weeks before you meet again um what we have done in my tenure and in Mr Herz as well was to uh move forward with that purchase and and certainly you were all notified when that happens um given the information that you know situation A happened and we needed to expend this and that will come before the city commission as an action item and you have ratified those emergency purchase uh processes after the fact okay and that's that process would remain in place as John said that's and that's typically more so um tied to the Charter in that if an item is not detailed in the budget and exceeds $50,000 I'm not I can't authorize it so if there is a major collapse in a utility system and we are you know acquiring rental equipment or pipe or whatever to mitigate that situation typically that's greater than $50,000 I have to make that expenditure to ensure the health life safety of people and property um and we bring that back for ratification after the fact so you there's been a couple of those that I've done with the the commission over the last year okay I just wanted to make sure you had the opportunity to act in case and it's always followed up is with commission action to make sure we comply from an auditing standpoint in compliance with the charter so effectively there is a cap in place which is $50,000 I mean for expenditures you can transfer it but generally that transfer would would be from the result of needing an expenditure and if that expenditure was over $50,000 that would have to come before the commission so we would no or did I miss I I miss that one I think we're talking two different things so transfer to within the funds I'm going to look CJ to help me explain this transfer within cost centers is ongoing routine things that could be small dollar amounts within that those major purchases if they're not detailed they have to come to the city commission right right that's what I'm saying so if you have that if you need to move if You' got a $100,000 expenditure that occurs and you need to move money from A to B to make that happen this allows you to do it but the expenditure still comes before us to either you know it may be after the fact but at least we're made aware of it at that point that we had to spend this money he he's talking about an unbudgeted item these other ones are budgeted within right which would which would ultimately be one of the main purposes of needing to move money is my thought but maybe not all right I'm looking to CJ to try and give me some explanation I I think we got it I don't know how it's clear in my head I don't know about yours I think we got it you're thinking more of an emergency but you're also thinking like if the city manager not this one but there was Mal feance involved but the the fund is not going to change right and he only has so much um flexibility and where he can move that money so it has to be within one of those cost centers and not only does the commission ratif like everything he does has to be ratified by the commission but also there's an audit that takes place and he can't have a negative balance in any cause Center so there's two controls in place I got it okay you sure 40 years is that what you said 40 years 40 more years yeah all right we'll have our commissioners Leon reports anything City attorney Mr Mayor I got two comments I need to make I got to tell you guys something first of all I am now a voting member of ahck so it's and I've already had conversations with John Murphy but the when I was at the last ah Haack meeting they made me a voting member so it's conceivable that I will be voting on something in the aack committee and then voting on it here oh just for the state is who dictates that that's a voting member not the the ahck itself it's within the the state guidelin and our City attorney has assured me that this is not any kind of a violation of anything but I did want to disclose that to you guys and the second thing is is my trip with the um out the Utah was paid for by the fmit even though it's on here I don't want you to think to I'm going on some big trip it's be a big trip but it's being paid for by somebody else other than us so five star resort yeah right and that's noted within the fact sheet that Florida Municipal Insurance trust is a board member covers those costs for their members anybody else any other commissioner C attorney you have anything sorry city manager just um just wanted to share with you all this evening um I think you saw an email yesterday from Vanessa Castillo just wanted to congratulate her on being recognized as a Paul Craig Athenian fellow by The International Institute of Municipal clerks understand that she will uh be inducted into that Society at their conference coming up in May of this year so just wanted to pass along congratulations on behalf of her her fellow peers and staff here at the city um great accomplishment for her do they have a secret handshake I might learn that at the conference she hasn't been inducted yet so she doesn't she doesn't know what the handshake is all right Deputy city manager nothing this evening thank you Vanessa just want to say thank you for your kind word city manager and also to some of your Commissioners some of you had um sent me some notes uh yesterday and today so thank you very much and M J emergency matters not received for the agenda motion to adjin move