e e e I do I do I like all I know you have sweet too yeah I do I do how are you good hey hey hey hey I think don't minut minut the southern First Street John pill so I can my brain yeah just talked to said there's 135 elected officials going bring that up I'm not Welling Brad's going to bring it up he knows to bring it up he does now if he doesn't bring it up I am going to bring it up because I don't want there to be any question last time he was say what I need to be reminded good evening good evening like to call to order this agenda review for the city of BU Haven this the uh 20th day of March uh roll call please yes sir commissioner dollson here commissioner Mercer here commissioner danler here here mayor prates here and mayor bertson here all right we will have the Pledge of Allegiance then we have some presentations and we'll do all of those on Monday Mr Mayor if I could um just as a note 5D uh that is the presentation of Miss Winter Haven alexandraa yes de ruse or d ross I'm not really sure exactly how you pronounce that um that is just so the commission can can meet her as the newly crowned Miss Winter Haven thank you yes sir all right then we'll have we have no developments of note minutes and then ordinance's second reading 98 nothing has changed on this item since uh first reading I do want to um make one note that um just a kind of a minor Omission within the fact sheet uh where it refers to the infrastructure capacities um it it denotes uh in the paragraph under the table that final concurrency determination shall be made at the time the property receives site plan approval and is developed it should actually read at the time the property receives site plan approval or final plat is noted earlier in the fact sheet the uh petitioner does he plans to develop this site with residential but it hasn't been defined if that's uh town homes or multif family or or single family so obviously with multif family we do uh concurrency at the time of site plan approval if it's single family it's the time of plat approval so that will be determined based upon what's defined okay all right and that's the same for n sir yes sir all right 9 C 9 C again this is the um uh the item that pertains to allowing pharmacies which by uh the way our code is written and in compliance with uh State uh requirements where we allow pharmacies we also allow for medical marijuana dispensing dispensing facilities and this would allow for the placement of pharmacies and such within uh the mixed use District when we're dealing with medical uh Medical Clinic complexes I think is the correct term is that right Eric yeah medical clinics medical clinics so and it it really stem from the desire for Bond Clinic which is a a major facility in an MX area to have an on-site Pharmacy to to coincide with their operations okay nothing else is there's been no changes since first reading all right uh 10 10 I'm going to ask uh staff from The Parks and Recreation to present this for you this evening in brief detail Andy you're going to do that good evening uh Andy Palmer with Parks and Recreation uh hope everybody's doing well and having a good Wednesday uh the rowy Gans Olympic pool was last renovated a major renovation in 20 2 and since that time uh we have five high school swim teams uh getting ready to have a great uh new swim team and we've had a a great history with swim teams at the uh at the Raines pole as well as thousands of swim lessons every year and open swim the uh filtration and the chlorination system has been um we have been uh in repairing it for several years and to keep it up to date and to ensure that we can meet Health Department codes we have this fiscal year has $2 million to do a complete overhaul to the filtration room and it's very much like a uh I'll call it like a mini water plant almost uh not quite the same degree but um currently we have a tablet fil tablet chlorination which is very expensive and it also uh the the pool gets a little bit cloudy and switching to liquid chlorine will actually clear the the clarity of and it will actually be much less uh expensive from an operation standpoint and the uh new filtration will also ensure that we um that we're able to keep those flow rates and meet the health department regulations and uh ensure that the pole stays open uh we are about a year and a half ago we entered into a task order with Wright Pierce to do a design of this project and they're a 90% design and since we have uh we're currently working to finish this design but we also have several lead long lead items that we think that we might have such as pumps and other items and we have a really narrow window to get this done it's really right after high school swim season which is November to like February so what we're planning what we recommending in our design team recommended is that we bring on a construction manager and uh Rada Construction in uh they're actually of course working with us on Channel Lakes Phase 2 so from a proximity perspective and they also have previous experence working on Aquatics facilities for example they worked on the the water Dome at Florida Southern College and the uh pool at Florida Southern College uh they will come in and actually from a construction manager they will their first task will be to actually help uh do some value engineering give us some real-time cost estimates identify those early lead time items and then ultimately give us a guaranteed maximum price to deliver the project and that will actually help us get that project done um much more efficient Ely Rada has a actually has a an agreement with P County as a general uh construction manager and we are proposing to piggyback on that um agreement that P county has and the city attorney's office has uh graciously worked with us and prepared a uh an agreement specific to uh this project based on the Cy's um piggyback so uh the we are requesting that the Comm Mission um authorized the city manager to sign the our our general piggyback purchasing agreement with R Construction as well as authorized the preconstruction services of $4,875 and uh based on this uh we would bring back further once we get to the actual construction phase or any major lead time item purchases we would bring those back for consideration as well so Commissioners this is a budgeted item something that's in the mix and this is just choosing the uh to go the route of a construction manager at risk delivery methodology uh versus a hard bid or a design build uh to ensure the most efficient and economical uh approach to delivering this project okay thank you question go ahead this might be the fact sheet and I missed it um how long is the project going to take and will the pool be closed or will people be able to swim or what do you those are some of the questions to be quite that we are still working through and having uh r that will actually give us some uh that will actually give us some options um we're not we don't know if we suspect the pool will have to be closed for some period of time but there may be some temporary fixes or there may be also some um do a certain portion of it and then come in and do another certain portion of it those are those are some of the questions that we'll work through with r very early on to determine that impact you think it's a month or six months or how long is this project you think we're hoping that it's between November and February I I without knowing I I can't give you a definit it's not a year it's not six months um I we feel pretty confident that we can get it done within that window between that November and February if not people don't swim during that period of time I thought we p no we do they they do but again the goal and and it might not even the hope would be that it wouldn't even be it won't even be that long but we should by bringing r on we should actually be able to hopefully have a little bit of better information to actually give you on uh that question and and commissioner Daner that's Again part of the the methodology here is there's there certainly going to be long lead items that the sooner we can get those procured and have them staged and and ready to go um once the high school swim team season ends in November um that's that's a the Major Impact is our fall time frame we see uh we do have lap swimmers our open swim is minimal from mid November certainly through the Christmas holidays and the winter months even though the pool is heated uh the goal is to to knock it out as quickly as we can upon completion of the high school season and be back up and running as we go into lifeguard uh instructional classes water safety instructional uh classes and be ready for uh what our our most important aspect is and that's our our public use what are the five high schools that use that pool you said five high schools use it um Winter Haven High School Lake Region High School All Saints Academy Oasis Christian I think auale and Lake Wales Lake Wales Wales and we charge those schools for for use auale done use it or they have aldale uses it alberdale and Lake Wales yes okay so that's six Lake whales was a temporary Edition past year okay cool all right and other questions yes this is just the filtration the pumps Motors and that nothing to do with the pool the construction the concrete pool the part of this project as well and part of as as the city manager alluded to the the methodology and using a construction manager um part of this project will include us actually having to put a new return line from the pump room to the pool which will and of course we'll have to dig a trench um which may which will necessitate a um a patch that's in the deck commissioner merer the the shell of the pool should be untouched that's a liner pool um it's it's more about the return line that runs up along the west Edge between the main building and the pool is where that return line runs so upsizing that to maintain the the required flow rates I know at one time we did have some leaks and we well it's flashback 2001 um that's what led to the major Renovations that took place then that pool was losing uh massive massive amounts of water and that was all repaired and has held steady and it's just time for the filtration equipment to be upgraded at this point well good I just how long what's the lifespan this uh that's a another good question um with the two we're actually at we're at 22 years with lots of repairs Adam can you allude to what the lifespan 15 ISS I would say expected for expected would be in the 15 year range um some more some less each element's going to have a different answer would be so I guess we can rest assured that this commission won't have to deal with it again the other part of the other part of the other small improvements that the the room currently doesn't have a we're upgrading the fil the the air the circulation in the room and some of the temperature control and that will actually help the lifespan of the equipment as well so there's some with the new equipment and some of the upgrades that we're doing um that's expected to help with that as well okay anyone else thank you thank you all right 10 B I don't think there should be any questions about that that's just the annual junk it to DC for legisl Affairs we have submitted two appropriation uh Congressional appropriation requests on behalf of Winter Haven and we will bring that to the commission at a later date for uh just informational purposes okay 10 C uh Gary hubard would present on 10c purchase of uh water meters good evening Mr Mayor Commissioners hope you've all had a good day it's been busy so this agenda item is the purchase of McAn water meters uh the purchase of uh 1,000 for portable and 600 for reclaimed water typically in the past we've purchased meters in smaller quantities and we felt that given the the supply chain issues that have occurred over the past that this was probably a better approach so this is the first time you're seeing the purchase of water meters come to you so yeah pretty standard we think you know 1,000 MERS are going to last us well probably close to a year on the domestic side and uh pretty run-of-the-mill type item uh we are using going to a newer model that will uh provide more accuracy as far as the amount of water used per customer so there will be an upgrade of some sorts to this process and commissioner um the just keep in mind this is not just about new builds this is also about replacing um when when we have meters that fail and we have to go back and and change out so it's it's new build plus replacement okay and I'd be glad to answer any questions okay thank you thank you Gary all right 10 D so this item is uh uh the process of approving our owner representative for the future design of our water recycling facility or Water Resources facility I think we probably still need to discuss what the naming how we want to name the facil facility but we're proposing to enter into an agreement with Jones Edmonds so this agenda item allows city manager to negotiate a contract with Jones Edmonds to be our representative throughout the um agressive design Bill process for this facility um part of their responsibilities will be CI Services after construction begins but they'll be there for us to to help monitor the the construction of the new facility to make sure that uh things are being done in our best interest I'll be Happ answer any questions yeah correct and I think we had it commission liaison on that review did we not I think we did so commissioner Mercer all right thank you thank you all right 10 E 10 e uh Britney Hart our Public Works director will provide comments on this yes good good evening Commissioners um so in May of 2023 um the city applied for a urban and Community Forest um Grant through the US Forest Service um and we received word in September of 23 that the Arbor Day Foundation who would serve as the great administrator um would be providing us those fundings that we applied for um the funding we applied for would address things that were just approved in the 2023 urban forestry plan and those things include addressing priority one two and three removals of trees um pruning tree planting to enhance and build um a forest that is resilient um to storms and diseases and such so with that Grant we applied for $347 $347,000 $84 um and we were awarded that at first when we applied the grant was going to require a 5050 match however that match has been waved based on the assurance that 100% of the work would be done in a disadvantaged community um many of within the City of Winter Haven limits um we are considered a disadvantaged community with very few areas um so we will be focusing all of our efforts in those areas um to ensure that the grant money can be reimbursed to us um with that said we did however budget a 50-50 match and we intend to use that budgeted money to make this grant money go even further to implementing the urban Forest plan that we had previously presented to you all um so this is asking you all to authorize the city manager and to execute the agreement with the Arbor Day Foundation lots of trees commissioner dancer I was going to ask you Bren you we put on the spot but you know we have a goal set we do have a goal set we mentioned the goal quite frequently huh I said we mentioned the goal quite frequently all right good this is going to help us and to follow up on that goal that we have of the 100,000 trees which I think is a worthy goal um we we put that in the scales and the balance of the scales said that this agreement would be appropriate and even though the agreement is governed by the state of Nebraska law which is something that because that's where the National Arbor Day Foundation headquarters is located and that was something that caused me to have a little bit of concern but then I had discussion with my colleagues around the state I talked with the city attorney's office in Tampa this agreement exact same agreement but for a million is on their agenda for March 28th the city of Tarpon Springs approved this agreement and they got about H 100,000 on March 5th of this year and the City of Welling Village of Wellington got about $750,000 and they approved the same agreement in February of this year and there are a number of other cities Cape Coral CMI and other Florida municipalities who are approving this identical agreement and although there may be comfort in numbers the Agreements are all governed by Nebraska law law at the end of the day we don't see much by way of risk exposure here uh assuming that our excellent staff will do what they always do and that is keep track of everything and implement the grant as it's supposed to be implemented and so um on that basis uh the recommendation is coming forward to you but I did want you to know that that that is a little different we most usually agencies in Florida do like to have agreements that are governed by Florida law um and most usually we do what uh what definition of uh disadvantage yes sir so whose definition of whose definition is it um they Ed the climate and economic Justice tool to Define that and they have Define the majority of the city of w Haven as a disadvantaged community the entire city who does that it is the uh climate and economic Justice tool that has been done or will be done it has been done that is that the city as a disadvantage entire city almost all of the city there's a few areas within the community that do not meet but most of the the area within our city limits do fall into the category of disadvantage wow W that's puzzling so so is that economically disadvantaged or is that tree disadvantaged I yeah that's well you know so this is a separate designation uh that just came out and I can't remember the agency it comes from uh but it's a federal agency and it's the climate and economic Justice tool so it's looking not just at the economics of the area but it's also looking at other social factors and this is basically a giant overlay District that they've put out uh but it does cover the majority of the City of Winter Haven this came up in a transportation planning meeting we were in this morning as well uh that we we have some eligibility because we hit that whole requirement we can get the details on that and uh and send it to you guys on what that climate and environmental Justice tool is really kind of looking at I would be interested in that I wonder know why we're disadvantaged I not that we're complaining cuz if if we can get more money for you know that that's a good thing but I don't you know it might be related to all hurricane storms yeah it's a little different than it's it's not just the traditional definition of census track disadvantage economically disadvantage it's more climate related um and social justice related so we'll get some details on that just the terminology benefit disadvantaged communities you know so what the the benefit that it would bring they also with the 100% Assurance for that as well so that there there has to be some way to gauge that or determine that so that's what I'm I was really trying to understand we'll get you all more information we'll compile it all of what that program entails and uh provide that with you okay very good all right just so I have an understanding real quick of so we're getting 347804 that we technically don't have to match or payback and then you're asking still for the 17392 that was going to be part of the 50/50 match or am I not no the grant is the is the full amount and our match would be an equal amount over the course of five years over the course of five years so we so we're doing 347804 on top of this okay gotcha which aligns it's actually the the money that we budget annually for urban forestry to put into that program is the same dollars that we'll still use those and we were planning to use those as that match so it'll give you about 690 and change and that gets commissioner dancers's 100 million trees [Music] or not quite we're inching towards that goal got wory goal math let's stand all right number growing and growing and growing all right mve know resolution r248 uh Mr lbby yes sir mayor Commissioners um this is uh regarding the renaming of Rialto road which is a public road that it uh runs through the uh villamar Community uh Rialto Road was platted as part of vmar phases four five and six um it was platted as a public road uh and named Rialto Road on that plat uh we did receive a letter in in January from the vmar Community Development District um requesting to rename this road to Cunningham Road this is the north south section of Cunningham Road if you if you're traveling East West um if if you're traveling west on Cunningham Road and you hit the roundabout and you go north that's Rialto Road um it's the main spine road that will run up uh and run into the Thompson Nursery Road realignment that runs through uh vmar um this resolution uh would rename that that road from Rialto road to Cunningham Road um once it's approved uh once this resolution is approved uh P County e911 addressing office will notify all the affected uh emergency response agencies and government agencies and affected Property Owners which is only the vmar CDD um there are no uh addresses that are addressed to Rialto Road it is a a main spine Road it's there's no lots that front on that road with their address so nobody is impacted in that way and the cost of replacing the roadway signs will be at the expense of vamar CDD okay and there'll be a notation on the plat or the various plats as well uh with the resolution once it's approved reported all right r249 yes sir this is the last um vacant seat on the affordable housing advisory Comm committee um as you may remember we're allowed to have up to 11 members this would be the 11th member uh we received application from Mr Andy and I'm G ugan TOA thank you I was going to butcher it he's with PK State College he is a vice president um his application is in your uh in your packet he is the associate vice president pul State College so he is uh an educator so he would fill the seat um as a citizen representing essential Services Personnel um This Was Heard by um the affordable housing advisory committee they do recommend that you guys uh appoint um Andy aanta yes um to the affordable housing advisory committee and this resolution would do so any questions all right thank you audiances uh first reading 02415 mayor Commissioners this is a voluntary annexation um of a parcel located north of we Avenue Northeast and south of Lake smart um so a standard voluntary um annexation it is 56.74 Acres the P petitioner is seeking an annexation for the purpose of future development of the property um the current taxable value of the subject property is $68,900 millage rate of 6.59 expected annual tax revenue would be 454 but of course upon development additional tax revenue uh would be anticipated staff does recommend approval of ordinance 02415 any question do you get to this from ninth court or 11 it has Frontage on where and it has Frontage if if 11th Street right there okay front on where in 11th Street Northeast and that's that's nearby the like the road that would go just to the east of Willer Brook and or the proposed road that that road kind of it's fur it's going to be further west of that mayor PRM um the road that would that would tie MLK buard and um State Road 544 is going to be further east of this so this is uh kind of to the northeast of the Winter Haven Recreation and Cultural Center and jwi School of the Arts at the hilltop church it's kind of that's um to the north of [Music] that any other questions all right 0246 yes sir mayor Commissioners um 2416 is Administrative request to rezone 115 Parcels from single family residential small lot R2 zoning District to single family residential um large lot R1 this is the woodpoint phase one and Phase 2 subdivisions depicted there on the the aerial and in your packet it is it covers 41.9 Acres um the lots that were developed within woodpoint Phase 1 and phase two were developed um under uh with setbacks that are uh consistent with R1 not R2 even though they're zoned R2 so this would allow for the vacant lots that are remaining to be developed in there um to be developed consistent with the the other already developed lots and not have to meet the um maximum 20 foot setback that's within the R2 District so basically the R2 District now has a maximum setback and it would force newly developed lots to sit closer to the road than the ones that exist in woodpoint today so rezoning it to R1 large lot will allow them to develop consistent with what's out there questions all right I guess you're taking the next one as well the next one is um almost the exact same uh situation uh this deals with pal uh the Palma Cypresswood palmaia subdivision it's 41 lots and again is a rezoning from R2 to R1 for the exact same reason to allow the vacant remaining lots to be developed consistent with the ones that are already developed in there okay and you'll note that these are both public hearings at first reading yes so you will entertain some more robust uh consideration at first reading that is so as to um comply with fla statute because you know the property owners needed to all be notified so okay thank you John 02421 uh our CFO CJ Scott will present this item okay so this is very similar to the previous year we just closed out our financials for fiscal year 2023 the general fund reflected a surplus that's revenues exceeded expenditures by 4.3 million that's increasing our available fund balance to 26.5 million the city's fiscal policy requires a minimum of 177% of the general funds operating expenditures to be retained and unassigned fund balance is the same thing as available fund balance so we're required to keep 177% any available B fund balance in excess of 30% can be transferred to the construction fund to defay costs and cover contingencies as recommended by the city manager and approved by City commission the 13 % unassigned fund balance is $21.1 million providing a total surplus of 5.3 million it is recommended that this balance be transferred to the 2021 construction fund with 1.6 million dedicated to Lake conine Project as construction costs have exceeded appropriate funds and if you recall this was similar to what we did last year with I like 5.1 million going to to the Winter Haven Rec Center so this uh commissioner when we did our financial policy um amendments and and modifications last spring we had set that 30% goal which is given our vulnerability within the state for hurricanes and natural events as well as um trying to position Us in the most conservative way uh for the potential of any economic change we set maintain a 17% threshold but we set a 30% goal and we've been able to maintain that and we had discussed in in that policy that funds in excess of 30% used those to offset the cost of of rising construction costs and the the volatility within that market um when we we looked at the lake conine project earlier this year that was one that we said we would bring back for funding we didn't include that in the bond that we did um this most recent one because we knew we would have fund balance that could cover that and also point out that is we look to uh future construction of fire station 5 you may recall that fire station 4 which is currently under construction next to the diamond Plex facility that was a higher cost than was originally budgeted um station 4 and station five are budgeted basically together so we took money from five to cover the shortfall in four and we'll use uh we anticipate to use a portion of this fund balance transfer into the construction fund to offset the cost in station 5 as well so the the intent of that policy was the volatility of the market with Capital Construction um is such that we can budget today and even with 10 20% multipliers uh factored in cost of construction can easily tick up um and this has been a has proven to be a very good tool for us in in strategy for mitigating those costs without having to come back and figure out where do you where do you find that money it's taking excess fund balance spending that for the Public's benefit to offset the cost of those Capital Investments okay um s um and another question uh the lake C9 will that totally fund it now so that we can finish it Andy is is assuring me yes that's that's based upon the GMP that we're looking at now with uh Whitehead is our design construction or L build contractor on that and so what would be the projection date we're planning to bring the uh GMP back to the at the first meeting in April for consideration and uh based on that timing we would expect uh starting construction uh miday early June at the latest and Lasting probably 8 to n months okay and and uh you were there were some things that were happening out there with compaction or something what what you know is that over or is it continuing or the dirt the uh um words are hard right now sear charging the search charging uh of the site was took place over the past 7even eight months and actually uh found that the dirt that's on site will actually be utilized on site to balance out the site so at this point the contractor is that the original plan was for them to go back in and remove a good portion of it but right now they're leaving it in place and we'll probably use it to to actually again balance out the site and use it on the site for the recreation components but the search charging is complete and that's that's the process of bringing in excess fill to compact less desirable soils that may have a high moisture content in them so that the construct of future vertical amenities is not compromised because of soil condition okay question CJ um so I'm still grappling with government accounting after 11 years or whatever how long it's been this has nothing to do with our bond issue right this is just profits or whatever what I'm in my world I call it profits and fund yeah so um in our annual financial report we do two perspectives is one from a business perspective where you have acrs and then there's government which is pretty much cash cash basis it's called monifi AC but our true net revenue was that 4 milon 36 yeah so that's we have left over and we're we're we have a million6 going to L Lake conine the rest of it we're moving into a construction fund but it have to stay there I mean we can we're we're deciding to move it into the construction fund but we could move it someplace else you would you would want to only use that for onetime expense nothing for recurring expense um in the source of one like for a purchase or right so if um if there was a um well capital is the easiest one to identify with that if there was a a piece of equipment that we suddenly needed to replace or something that was a a one point in time expenditure because you're anything that's going to be recurring you're not going to have the guarantee of those funds um and and just to comment on the so how do we how do we end up with that well you have lag Factor within employees where you know positions that are that don't fill during the year um you have significant interest earnings that occurred in in the past fiscal year past two fiscal years we expect that to not necessarily be the case going forward as the FED makes adjustments uh is is what's anticipated um it's really where we've been able to ecount efficiencies or or have savings or higher revenues that come in so my my question being and I don't mean to kill hamlon their First Act but the next item on the agenda we're going to be talking about something where there might be some cash involved that could potentially be used for that right okay all right that's good thank you any more questions all right new business item the historic Ritz the so I was trying to find a staff person to present on this one this evening um and I I'm I'm looking in the audience and I'm I'm not seeing any I'm not seeing any's leaving Charlie's Charlie's gone um in all seriousness Commissioners I will present this item this evening uh this is a a rather unique uh item and I do want to point out that we have representatives from the the rich theater with us this evening um the members of the board director board of directors um Tom Westbury Tom if you wouldn't mind standing up I don't know if the commission all knows who you are Tom serves as the chairman president whatever the official title is he's in charge of of the rich theater board of directors B Hancock is with us um Steve kigus and Dr Gary Shimmer um as well as Anita Strang serves as a ex officio with the Ritz Theater and commissioner Yates also serves as a ex officio on behalf of the the uh City commission um give you this is going to be kind of a lengthy item so if you just bear with me I think there's some some key points that need to be made within this and they are all outlined within the fact sheet so dating back to only to 2004 city has been a a partner in the Ritz Theater uh through the contribution of mostly grant and aid in that window some Capital but our contributions into the operation of the Ritz have been over uh over $515,000 since 2004 if we go back into the late 90s there's additional Investments that were made and commitments matching dollars that the city had made regarding the uh the renovation of that space when the Ritz was was more probably commonly referred to as the uh the Ritz 100 really trying to restore that building in FIS years 22 23 and 24 so the current one and the past two the city's contribution uh was paid from the general fund and the downtown CRA and totaled between those two funds $80,000 for each of those three years earlier this year in January the members of the board that are here along with uh Kim short had met with me to discuss the future of the rits recognizing some of the financial challenges is of maintaining the operation of that that building um despite contributions that the city makes that $80,000 as well as contributions and revenues from other sources as well as the current programming of the facility uh the fit the the Ritz overall is in a a rather dire financial situation um in anticipation of upcoming obligations most significantly a mortgage that will will come due this coming August uh the board had requested or had had was really inquiring as to would the city be willing to entertain um a proposition of taking over The Ritz Theater um and really you know I mean that that's that was the gist of it so what based upon their condition having to make a decision of going one of perhaps several different directions what would be the ability or the overall interest of the city to to get involved so looking at the current financial situation and I want to thank the Ritz board um they were very forthcoming with with financial matters and and their their accounting firm that they use um shared a lot of very good information with me on their their monthly cash flow uh projections and their statements of activities so for the operational year ending in December of 23 um they had a uh revenues that totaled around $241,000 and expenses that totaled uh just over $32,000 so they had a a loss uh their revenues fell short of their expenses by about $61,000 were those revenues generated by was that 80,000 from the city that included the 80,000 from the city yes sir um there is a current mortgage with Citizens Bank and Trust that has a maturity date of August 1st 2024 uh they do make monthly payments on that uh throughout the 2023 operating year and at the time of the information that I had were up to date through January of 2024 and I believe we're still up to date on making those monthly payments now current outstanding principal balance on that mortgage as of February 1st of this year was approximately $497,000 so that's the the mortgage that comes due I assume in the in the form of a balloon payment in in August of this year um in reviewing their their past three months of operation and you all are familiar with the rich you've seen the programming and and I'm sure have been by there the the banners and the windows for the different things that they have going on um actually saw Mr Westbury working an event a couple weeks ago standing in the back alley as they did a Speak Easy event there um their their average monthly expense to staff and operate the facility has been about 20,000 about $21,000 per month reeven Vues during that same period were minimal with the highest month being um just just shy of $7,000 inclusive of events rents uh rental and contributions um they're they're able to operate because of those contributions that come in at one time and this is this is my assessment of it that they're spending that down month over month these big chunks that come in and supplementing it to the extent that they have revenues that come in net revenues based B upon the Productions that they do um in in looking at it so we we we understood kind of what the financial situation was I had staff from our facilities maintenance maintenance division as well as our continuing contract general contractor uh conduct a walkthrough inspection of the building in late February of this year the report on that was that the building is in in good repair um this is a building that is Just sh of 100 years old um significant facility uh historically our team noted minor cosmetic Plumbing some electrical and structural items that could be addressed over a few years um staff's estimate and speaking with Richard Arts our facility maintenance uh division head was that being able to spread out probably $100,000 over a two-year window would address a lot of those minor cos excuse me cosmetic items and structural items that i' mentioned the biggest long-term needs of that facility would include the replacement of the membrane roof uh that is a that roof has been repaired over time and and from our estimation likely has at least has the two PES of membrane that are on there um from a roofing standpoint you cannot put a third ply on there you have to strip it all the way down before and start a new with with a new initial ply of the membrane that's going to need to occur within the next probably 3 to 5 years there's also um consideration for the age of the current three there's three 30 ton air conditioning units that are on that roof um based upon the age and the life expectancy of those uh the the inspection team recommended that when you do a roof on that building you do the AC units at the same time you've got to have a crane and and all the support to do the the roof you're best off to do all that at the same time maximize the efficiencies of doing it at once minimize the disruption to the downtown and the jent building owners um the current anticipated cost for the combined work is $495,000 so that's an expense that's going to be out there in the next likely 3 to 5 years there's probably some work that can be done to extend that to the to the longer period of that the 5year window um but we just need needed to be conservative in how we looked at it from an operation standpoint um the building is it's it's a unique building it's it to be functional requires highly specialized program and operational needs I'll be very candid in saying it's not something that the city staff have any expertise in nor do we presently have the bandwidth to take on um the in in light of that and considering how the facility could be uh full activated and managed if the city were in an ownership capacity we reached out to uh theater Winter Haven Dan chzn is with us here this evening um they presently provide similar Services of programming and operation of our uh Performing Arts stages at the city's Chain of Lakes Park prior to the onset of covid-19 in the spring of 20120 the theater had assisted with some programming at the Ritz Theater for a short period of time um once the covid hit obviously a lot of that stuff shut down and their focus became more so on really maintaining their primary asset in programming which was at Chain of Lakes so they've not been involved uh since that period in consideration of the current programming relationship between the city and the theater I'd reached out to Dan to discuss theater winter Haven's bandwidth and potential interest in programming the rits again in partnership with the city if we were in a position to uh to do so uh if the city in the event the city were the owner and operator of the rich theater Winter Haven would be willing to program and manage the space similar to their programming manager management of those same spaces at Chain of Lakes this would include scheduling procuring marketing ticketing and delivery of all activities in the space uh all expenses associated with these activities would be the responsibility of the theater direct expenses of the programming in exchange theater Winter Haven would receive the direct revenues associated with those events that's that's basically identical to what we do at Chain of Lakes now we maintain the space the occupancy the insurance on it Dan and his team put on their Productions uh they procure all those expenses to do so and they Garner the revenues off of the ticket sales to offset the cost preliminary menu of events and programs could include things like tribute concerts uh game nights which could be Community Gatherings as well as Recreation of historic uh live TV games if they're if if that were to come true and they have Jeopardy I'm signing up um variety shows that would be tied to the Vaudeville history of the RIT of the rits themed public dances weekend brunch Productions watch parties for major sporting events or award programs and professional Productions and traveling shows some of these are similar to um programming that we see at places like the Tampa theater on Oscar night where they do a a big Gayla type event to bring people in um sporting events that you can gather people in a in a unique setting to to celebrate those use of the space for nonprofit events that lend themselves to a theatrical environment could also be accommodated that would be things like the state of the city address that we do and we just did that at theater Winter Haven this past last fall um events associated with Symphony Guild or uh Chamber of Commerce presentations we did pep fundraisers in that building a number of times as well so those types of things that are nonprofit based that don't completely disrupt the ongoing programmatic efforts uh could be accommodated guiding goal of any programming is to maximize the activation and exposure of the facility while creating an an AR economic benefit for the downtown and surrounding community so programming decisions must contemplate the days times audiences competing events program format and titles that will yield the greatest return on investment for not just the Ritz but the entire downtown activating that space in its fullest capacity and bringing in a diverse mix of audience and and attendees the the ultimate goal is you want to have that as a as a cultural outlet for the community but you also want to have the ancillary spillover spending that would take place within our retail businesses our restaurants or our bars and and and entertainment events out outside of it from a financial impact in considering um what it would be if the city were to acquire that three expenses need to be considered first being immediate one-time capital I mentioned that present mortgage with Citizens Bank and Trust that matures in August of this year we with the outstanding principle of $497,000 as of February 1st this year if the city were to acquire the physical building and land that mortgage would need to be paid off immediately and I think that speaks perhaps to what commissioner Daner was asking in regard regards to the uh the fund balance um at closing of the and I mentioned in the in the fact sheet just what what uh our CFO had mentioned about the fund balance um portion of those funds could be utilized to satisfy the mortgage obligation of the rits if the city were interested in in pursuing acquisition of that the an annual ongoing operations so these are those recurring costs um I mentioned we would need to contract with a third party to program and manage that space because we just don't have the the Manpower and the bandwidth or the expertise to do it the most appropriate party to engage for that would be theater Winter Haven as I mentioned under such an agreement uh theater Winter Haven would be responsible for the direct expenses associated with all the programs and would take all the receipt of program related direct revenues City would be responsible for maintaining the building that's that um those ancillary improvements I mentioned um the building Insurance General Repair and utilities our estimation of the annual utility expenses for water sewer and electric and garbage are currently estimated at $24,000 for the year um the annual insurance we we had our consultant run numbers on that uh for replacement value and content value we estimate that to be around $16,700 annually so we're looking at about a $440,000 operational cost each year um I mentioned again approximately $50,000 additional in years one and two to offset some of the maintenance needs that need to be addressed I will point out again the city's made an annual contribution of $80,000 for each of the past several years to the Ritz if the city were to take on ownership of that facility obviously the grant nade contribution would no longer be necessary and said funds could be retained and specifically appropriated for the ongoing expenses and routine maintenance the long-term maintenance costs again the the roof and the three 30 ton air conditioning units um to totaling out uh combined um $495,000 for those those costs there is some potential and and commissioner danler would know better than anybody on this one um the county uh P County's tourist Development Council does have an arts and culture um spin-off from that that has funds that goes towards certain Capital Improvements and programming there is potential although there's no guarantee of it and it's something that need to be explored further but there is potential of pursuing some funding from that source to offset perhaps some of those Capital needs that would go along with uh improvements to the facility in conclusion um fully activating that space can have a direct economic benefit to the other downtown businesses by creating an arts and culture destination that results in residual and ancillary spending at restaurants bars and Retail ass lishments by the same token an inactivated space of this nature could negatively impact those same businesses as a result of losing those same customers who may not otherwise seek to visit downtown if the city were to acquire the building it would gain an asset of value but it would incur a significant direct expense with the mortgage the annual operations and the long-term maintenance as I said this is forecasted to be about $1.29 million over the next 5 years in consideration of the mortgage and the um the roof and AC repairs being the biggest bulk of that there is the potential for a $400,000 offset if the grant and a funding of $80,000 were continued over over the next five years if that went away then you would see that as a savings um net this reduces the city's Financial liability to approximately $891,000 um acquiring the rich would provide the city control over as well as responsibility for the activation of the space while the city does not presently have the expertise or the bandwidth to take on such responsibility it does have a willing partner and provider in theater Winter Haven which is appropriately suited to develop a program that could enhance the economic benefit to the downtown overall if the city were to decline the acquisition of the Ritz and if the Ritz board of directors were not able to fulfill its Financial Obligations to the mortgager um the facility could go dark at some point and the bank would likely for foreclose on the mortgage either via judicial sale and a foreclosure action or a sale on the open market it would be reasonable to believe that the facility would be sold incident to satisfaction of the bank's lean on the property under that scenario the building would have no economic benefit to the downtown while dark and any potential future benefit would depend upon the property being acquired by an outside party and any subsequent use thereafter um this scenario would result in the city eliminating any ongoing financial support for the for the facility again a conceivable Savings of $80,000 per year as well as any direct capital or operational expenses um I think you know at the end of the day the Ritz is a is a unique facility I think that there's a ton of passion for it I think that the people that are involved in it do a great job it's just it is a tough go um it is a historic building it is a gem of downtown um it has the potential to do have a great impact um but I think that it it it's just it's it's been a challenge up to this point to make it as successful as it can be mainly because of that that mortgage that that hangs out there and the need to satisfy that month you know month over month as well as the the cost that it takes to operate it um I'm not in a position to make a recommendation I'm I'm simply asking for guidance from the commission at this point on what is your interest or um feeling towards that any any uh decision that would be need to be made on what to do with the Ritz really lies with the rit's board of directors it's it's their their property and their operation I think we're at the point of they're asking us is this something the city would entertain is a pathway forward and I certainly would welcome Tom to to comment on that if I'm if I'm saying anything incorrectly or or add comments to it but the um that's the gist of it is you know what is the the the flavor of the commission and in looking at this um are and culture uh it's it's a tough Market no matter how it's operated but it does add a a significant benefit to a community overall it opens uh it exposes us to perspectives and to um different mediums that we may not find otherwhere elsewhere within a community it creates a um a cultural outlet and I think that at the end of the day it's one of the things that sets Winter Haven apart from so many other communities that don't have that luxury um but I also know that if you look at these types of facilities anywhere in the state they are extremely difficult to operate uh particularly without some level of of some high level of support from the local government jurisdiction um and with that certainly i' like to offer Tom an opportunity to come to the podium if if if I've misstated anything or um anything so but I certainly want to give him an opportunity to answer questions as I mentioned Dan chzn is with us this evening Dan and I have had conversations on this everything at this point has been to the to the angle of how would it make sense could it make sense and is there an interest on it so with that um I will say that uh I understand that mayor protm um Yates will likely need to recuse himself from from d dialog or or voting on this is uh his employer is the is the mortgage holder on this so to ensure there's no conflict of interest um ask that he not engage in that dialogue and with that I think we'll all stand for questions as need be absolutely commissioner go Tracy I think um well we can just we have that fund that we just discussed and we can pay off the loan uh one time thing I guess but uh a lot of it um depends on Dan I have confidence and faith if anybody can do it he can uh so I don't know if that's acceptable to the board or what's acceptable to the board um but I think um we pretty much um we're pretty much uh as a city I think we pretty much have to go what what and do what we have to do for this uh and I've been a long long time ago when we first brought the rits out so I remember the shape it was in then and um we fundraised and we did everything that we could and it it's a hard go on that so that's just my personal opinion anyone else I will add one comment that I I failed to make if I could Mr Mayor and that is um if if the commission does lean in the direction of of taking over that facility it is you you then also have an opportunity that if it doesn't work the city owns the asset and the city controls what happens to the asset so you may recall several years back the city acquired the Social Security building which is um was a city-owned property and we did an RFP for the disposal of that and we determined what needed you know what we wanted to see happen with that and that's is what has now resulted in a union tap room and a real estate firm and a ice cream shop that is located there now that was a city asset that was further redeveloped following an RFP process so it it does give you a little bit of control over a long long term if it doesn't work you have you have a greater say in what happens to it in the next chapter mayor Pro or mayor yes okay so I I was uh I've come I've struggled with this one a lot and I've gone around and around and around and around on on this because I can remember the rits going there as a child and um and i' I've just I've really struggled with this whole situation cuz my philosophy is that uh government should not own buildings and businesses that we should the private sector should do it government should not compete with private sector if we can all keep from it uh we have an inherent Advantage uh and that's why I don't think we should be competing with private sectors but and that has been my my driving thought on this for the longest time but I've about done a 180 on the rits and I think there are some things that government should do and this is probably one of those situations that I think we should probably do because um I look at the history of the rits and the private sector really hasn't been able to make that place Go I mean it's been teen nightclubs and all kinds of things and and I wish the private sector could make it work and it's not really going to it's not really conducive for wedding venues for example because of the stairs and just all kinds of things it's really conducive for one thing and one thing only and that's performances and that's what Dan uh in the theater Winter Haven can do better than anybody and I think that place in my recollection was rocking and rolling prior to co was when they that year that they ran it so um my I I have a feeling that appending what the board wants to do if the board has a private person to buy it they need to come forward now but if pending that if there are no private individuals or there are no private companies that want to buy it then I think we should strongly consider doing this and um and I think we should commend and thank the board for their for doing Yan's work and for the people that stepped up years ago to to to get a loan from the bank and buy this place and keep it going and and keeping it viable all this time and keeping the lights on and if you remember uh I remember getting challenged by the newspaper right around Co about why were we putting all this money in the rits and my comment was it sure it's a lot easier to keep a place open than it is to restart a place and that's been the I still think that's the case and I I I know for a fact that yeah I think this board and I know Tracy just mentioned and I mentioned I have lots of confidence in Dan and his board in theater Winter Haven to activate that space and make it work and if they're willing to do it with under the kind of the same agreement that we have with the theater Winter Haven and I don't know why we wouldn't at least consider consider that and if we do have the money in this in this fund balance but but what if I were to make a motion which I'm not of course because we're not voting tonight I would make the motion that we do something along these lines but we limit it to maybe two and a half years or two years and if after 2 years if theater winter Haven's not happy if we're not happy then we do an RFP and we sell the place and we put it out on the Market but let's give it another shot before we put new roofs and new air conditioners and all that stuff let's give theer Winter Haven a chance to back out let's give Winter Haven a chance to back out and then go ahead and sell it to the highest bidder but um I think this is one of those situations where government probably should Step Up assuming that's what the board wants to do because the board ultimately owns this property still uh and they have they're the ones that have to decide who who what who they're going to sell it to but if we get it if we get it we turn it over to Dan wholeheartedly and we have nothing to do with it just like we have no idea we have nothing to do with theater Winter Haven it's totally on them we turn it over to him it's totally on him let total on Dan we we have just we have a little idea what he's doing there well I'm talking about the operations you know I'm talking about the operations that's that's what I'm he does check in with us to say hey is okay if I do this yeah but you know and this is this is we're in a unique position in that um we have the money to do it and the I think the board from what I gather the board is open for these kind of things we have a really good operation partner with with theer Winter Haven and I think that I don't want to but like anything whenever I make these motions I always want to I want an exit ramp and so some sort of an ending so whether it's two two and a half years no more than three years we all sit down and decide if we want to keep doing this and if we do then we keep going if we don't we do an RFP just like you said it's uh with the with the Social Security building and maybe the private sector can make it work but so far they haven't been able to that I've been able to see I don't see any theaters working that aren't run by the government I just don't see it it's just they're too they're too expensive they're too the lane is too narrow and uh if anybody can expand that lane and make it wider make it a more of a community venue it would be it would be Dan so you know that's kind of way I feel about it Mr M commissioner Daner if I could just add to your your thought there that the exit ramp I think that you you phrased that very well and as well as the statement that it's it's much easier to keep things going than it is to restart once they stop and um the the other aspect of that is if it's wildly successful beyond belief which I'm I'd be optimistic as I think you would that uh that Dan and his team certainly can make that happen the other thing that I think would need to be evaluated in a two-year window is um if those revenues do far out exceed the expenses of that then we we reconvene and examine is there Revenue sharing that's appropriate within that to help offset a portion of those costs that we incur um we don't do that with the theater today um you know that's it's an expensive it's an expensive performer you know to to deliver those things but if it if you know the opportunity is there and it's yielding you know great revenues then I think you have to reevaluate that at that point and you know look at slight percentage of a ticket sale or something like that to offset a utility expense or to reinvest back into the building for further um enhancements and things like that the last thing I was going to say uh Mr Mayor is the the people that are involved now with the rits are to be commended and they have done something that nobody really wants to do yes they nobody nobody has really you know when this thing was was on the on the slide it was it was somebody had to step up and they did and they have done a great job and I think it's time now to give them a break potentially maybe they want a break I don't know maybe they want to stay involved I don't know this is your board you know but you know there's no harm and no foul in in in this this has been a really good Adventure but I know if if I were on the board or if I were one investors I'd be like I'm ready for somebody else to take this thing so maybe not maybe all maybe that's not the way it is cuz I don't know for sure but I just want to say thank you to the people that made all this work for this long but this is sort of a I can see a light at the end of the tunnel maybe for the board as a way to kind of make the stage right and and uh let somebody else take it from here but I don't know so we'll see um to uh Tom I've known you a long time so you don't mind me calling you Tom yes sir um the consensus of the board uh with what you all are facing what is the general consensus of the board and um I mean you guys have been in this mode for quite some time you've known this is coming yes sir and uh and I guess how you function and I guess looking forward I don't know what the original plan was I know there were some you know some major shifts and changes in this situation so I don't know what the long-term goals ultimately were for that uh perhaps you can speak to that cuz I'm curious as to you know well to date no nobody has stepped up to say you know we're going to give you this amount of money to uh to take on this mortgage because it is coming in a in a fast pace to uh to balloon so uh nobody step forward uh uh the board uh as a whole each each of us are going out and uh and trying and so uh as a consensus we actually believe that this is the best way forward also uh that's why went and thank you uh Mr City Manager for uh putting this together and and letting us bend your ear uh when we when we went to uh to him he's like oh no you know he's just like cuz he knows this is a big Challenge and it's something that uh uh and Tom I had to start sharing my gray hairs with MJ as a result of this just saying it's a big challenge but we have a bunch of passionate people that really love this building and love everything about it and love downtown and all that it brings and so um you know it's just one of those things uh we've tried and we're going to continue and we and as individually we would probably all love to uh be still involved and we're still going to be involved downtown and and supporting everything that that theater Winter Haven does and but we feel just like you guys uh that this is the best way forward uh we all have the support of um you know we all will stand right behind him and support him any way that we can uh but uh this is the only way Way Forward and in our opinion at that point yes Steve hey I'm Steve and I'm the treasurer and so I wanted to say a couple things I I don't speak for the board but I speak I think in consensus of us is one is we love this place we're all homegrown we love this town a lot of us grew up you know going to the Ritz when we were younger we we have a great group of people that have helped Main Street has been I can't tell you how much we thank Anita for all she's done to help with the program and keep things going on but but one of the things we've all gotten together and thought about is what's best for the theater and what's best for downtown and C can we go raise a bunch of money and duplicate what Dan's doing possibly but that's not really an advantage why compete with something that's already there why not utilize something that's there and work with Dan if any of us on the board can help supporting through fundraising other things for him we certainly will do that but we believe believe that it's best for the city and best for the community overall for the city to take this project on to work with Dan and give it an opportunity and let us peripherally continue to do just what we're doing you know I live across the street I'm always there to take the garbage out at night I'm happy to help you Nita goes by there all the time plenty of the rest of us are going to continue to be there but it's easier to have somebody lead it than to try to reproduce it that's our belief as a board I think thank you Mr Mayor if I can uh and I guess probably uh Dan Dan still here yeah yeah he's said yeah I think that uh you know I like to hear from you Dan in terms of your vision you have had you have obviously had some experience with the facility yes uh you know quite a bit about it uh certainly with your depth of experience with the uh theater Winter Haven and what you've done there and i' I've seen some amazing things is there and what you foresee or opportunities you think may be available with uh acquiring this uh historic property well first I want to say you thank you all for saying um expressing confidence in me and I'm just going to defer that a little bit because it isn't Dan chesnik it's the infrastructure that theater Winter Haven enjoys which made us have the ability to manage the Ritz the last time we did it's because we had cash reserves and we were able to book book acts six months out and be able to pay the deposits for them all throughout the whole time so we had a predictable lineup of what was going on is because we had an existing infrastructure of lighting experts and sound experts that were already on payroll and we didn't have to invest um in a whole separate infrastructure to be able to support that our costs for delivering the our cost for delivering that entertainment is so much lower because of the infrastructure we already have in doing something very similar over at theater Winter Haven so if you were to say Dan chesnik can you go run the Ritz the answer is absolutely not I would I would not have the infrastructure to be able to support that I would have to rent the ticketing systems like everybody else does and I it would sink amazingly fast if it was Dan chesnik that was trying to do that but because it is the infrastructure that we have built over a 55-year period at theater Winter Haven where we already have our ticketing structures we already have our experts we already have our lights we already have our sound we already have all that stuff inhouse when we managed drits last time not a single job we didn't add to our staff we didn't pay anybody anymore we simply absorbed that stage into our management structure um of what we had done anyway things were a little different because we now have two stages at theater Winter Haven versus so there'll have to be some shifting around that we'll have to do to make it work but I just want to be very very clear that it is the circumstance not an individual and certainly not me that makes the difference in how um everything could work um I also have a great advantage of having established programs like our tribute Tuesdays we just did two soldout shows last night of a Beatles tribute um 700 people came to see those two shows that we did last night those types of shows are probably better suited to be at the Ritz Theater than they are at theater Winter Haven so we'd be moving our audience from one pocket to the other um another benefit of us is that we have 55 years of database of potential customers for anything that we do so our marketing is targeted and we are able to talk to people who already come to these types of events pretty effectively and we have a pretty good following of people who will respond when we ask them to do that so um when we managed the Ritz last time it was great for both properties because we were able to cross sell from one to the other and people who come to the Ritz aren't necessarily the same audience that goes to the theater and vice versa but in co-mingling our advertising and our marketing we were able to reach both audiences um I think we would be able to move a lot of the things that we do that are H events over at theater Winter Haven immediately I say immediately I'm going to qualify that in a minute over to the Ritz Theater and we will be able to host our tribute Tuesdays there move our professional series that we have at theater Winter Haven over there and really focus on the self-produced type stuff over at the Chain of Lakes complex on those stages and then our booking house type activities over here at the Ritz Theater and that already comes with a built-in audience who have already bought tickets for those things year in year out year in year out so that's relatively predictable on how we can do type that how we can do that the Ritz does have a couple of problems as a performance space as I'm sure you guys would all agree with um we would immediately want to do some assessment of the sight lines and how the we would for the most part be getting rid of plastic tables and plastic chairs and making it a more suitable performance space almost immediately um as quickly as we possibly could so there would be a ramp down time and then a ramp up time if theer if the city chooses to do this and then contracts with theater Winter Haven um to be able to do that we'd want to make it a more conducive space for performances to happen and for audiences to enjoy um as um city manager Savers said the goals would be twofold one is to serve the whole community making sure that we have a wide variety of events that will appeal to a wide variety of folks in this in this community not just and perhaps this is a criticism of theater witer Haven and I don't mean it to be but folks who attend theater are a certain demographic when we do when we do work at the Ritz we can open that demographic up and make it much more accessible to many more members of our community and that's something that we were really proud of the last time but every single event that we do there would be the Ritz doesn't exist for the Ritz itself the Ritz exists as a mechanism to get people downtown to enjoy all of the other things that Downtown Winter Haven has to offer so our programming would be less focused on making sure that um any one demographic is taken care of but timing it in such a way that we can bring people downtown to enjoy everything else that's happening in the downtown Corridor also we will be really focused on making sure that we are a tool for nonprofit organizations in this community so they can do their fundraisers and all that kind of things there with little to no cost um associated with it as we had as we did for that year that we were down there so looking forward to it um we would those would be the things that guide us also to cross program with things that are happening at the theater as well you know one of the one of the the TDC goals is to making sure that we encourage overnight stays so we may package something that happens on a Friday night at Theater Winter Haven with something that happens on a Saturday morning at the rits and offer kind of a ticket in in that way so we can get encourage overnight stays which would help us certainly with the grants that happened there um so I do think that there we were successful in that year that we managed it prior to prior to going into the pandemic pandemic I don't think that it would be remarkably different um than what we had done then other than the fact that um with the city owning the building versus us being a tenant for the Ritz 100 I think that we would be I would feel Freer to go ahead and make investments into that infrastructure a little bit more like we have done like we just got all those new chairs of $70,000 investment in theater Winter Haven um like we built out the second stage um at at theater Winter Haven as well so we would really focus on the space for a little bit we' make some improvements in sound um we would make some improvements um in its infrastructure to be able to support it and then we would work on programming to drive the amount greatest amount of people we can downtown as many times as we possibly can very good that's a good answer I just got a question PR Dan um with everything that you just said [Music] um looking forward I know theat win haven uh you you have your infrastructure you have your customers you've got and so you make it I mean and I'm I'm having a problem with the rits from this Viewpoint even if the of Mone Haven takes it over mhm it's like the of wi Haven is very successful and if you have a brand new car and you try to put a onton trailer hitch to it mhm then you're going to you know limit that car yes and so I'm concerned you're asking me a theer Winer H in a car or a truck I don't use a car and the risk would be the trailer that we are trying and to put behind you all and I guess Dan you you you talked about some immediate things that would need to be done well we didn't talk about us spending the that wouldn't be your we wouldn't ask the city okay no that's not and I I'm just saying I still I I I just in other words uh what commissioner Dano said I if we if we do it I want it to be done for the Long Haul I don't want to have to be coming back here two years and saying oh my goodness two years from now if it doesn't work my question would be to all of you all is that like if we took we spent another half a million dollars on the on the rits we probably could sell it and make money but if we go three more years and [Music] put a well at that time we' be close to a million dollars I mean you know where would it end so how do I answer you I don't I I don't know how to allay your fears on that I can say I can say that um theater rener Haven as an an or as an organization we are pretty aggressive in seeking grant money from a number of different sources um we do have a built-in audience that makes me feel like um if we can't do it you probably if we can't do it in 3 years you probably should sell it and uh let it become a restaurant or something something downtown I don't I think I think there is still an opp a chance and that's based on our performance there last time our nut there was about we paid $6,500 in rent to the Ritz 100 every single month and then we had an additional $3 or $4,000 every month in expenses before we even got to programming because we were paying so I think it I think based on our experience before I know that we can hit the number and serve the community very well um I'm very confident in that okay Dan thank you it took me a minute to get you to say that but you fin okay all right so and Mr Mayor Dan I think you're a truck personally um because you guys you guys pull a heavy load um I think when we look if if it if it's in the if it's it's in the commission's interest in in you know pursuing this alongside the board we look at what those expenses are but it also encouraged the commission to think about what is the indirect economic impact back within the community of cash registers ringing downtown overnight stays that that generate you know that's that's an export spending that that we're getting there um the main maintenance of of that space in full occupancy helps keep full occupancy in other buildings and and it restaurants and makes downtown an even greater desire for people to to you know attend to events and things so I think that there's there's direct expense and direct Revenue associated with the U the operation of the RIT but there's also a a a very hard to quantify indirect Revenue benefit that comes from how that tide floats additional boats within the downtown area okay I don't I don't think that the the building n of itself is is is is the major draw it is a historical building you know and it's lasted it's been renovated it's a pleasantly looking building but I think is what is what's going to take place there if if something uh worthy worthwhile and subsided that will transpire take place in the space I think it will and that's why Dan your your part and the Winter Haven would be an inal part of uh making sure that that would or G giv us a chance that it will work and not become a money pit that will just pour money into this historical building uh and uh derive little benefit from it uh I I recognize that it is a good value right now as uh mayor just mentioned but going forward you know there are expenses that we will probably have to contend with as owners of the building one question I would ask is that do we own any other buildings in the downtown area currently we do we own um that you mean that's not occupied by a city operation correct so the federal building which is at the corner of Avenue a in Third Street um we own that building that was uh transferred to us from the federal government that is presently occupied by Department of I think it's us USDA or they're testing orange juice yeah it's it the orange juice you drink each morning gets tested at that um and that that is a rental so we own that property and someone else is in there they're paying a rent back to the city for that space commissioner doson that building is a little unique and so far as we received that building via a quick claim deed in 2003 pursuant to a general Services Administration disgorgement or disbursement effort to try to convey buildings that they owned to the local jurisdictions so we got that building for no monetary consideration and there are strings it's not really a salable asset for the city unless we got the USDA or the Department of Treasury or whoever we I think it was HUD actually is who I think we got it from General Services Administration we also have um in the early 2000s late '90s um took over ownership of the Women's Club and in the I'll say in the last seven years took over ownership of the garden center those were buildings that were owned by entities outside of the city that we had had acquired um outside of downtown the CDC building is uh on Avenue R Northeast is a city-owned building the pep education center is a city-owned building The Chain of Lakes Achievers uh space at the corner of Avenue SE in 6th Street is a city-owned building those are all three occupied by uh external agencies uh through arrangements with the city and the neighborhood service and the neighborhood service center yes sir yeah it's not so it's not unique that we would own a building uh I guess the the $490,000 uh outstanding uh loan on that that was incurred uh from whe Renovations or when it was actually done itations yes and what was the original uh on that loan on that 600,000 and it but it was also memorialized or I think donors had given I know you got places in the floor or on the walls or something there with the names and all that right and there those were donations that given towards the renovation of it at the time yes sir that's correct I'm I'm I'm open to uh certainly to the purchase of the building I think it will be an asset to the city um I think the other advantages or opportunities uh if things don't go as we would hope uh so uh but I do again uh along with others commend the current board for the outstanding job you've done uh I know it's been through some challenges of late and uh so hopefully that will be become a great asset to the city and Dan if you up for the whatever you're going to be pulling it with uh to to uh take it where where we hope it will go so P are you going to want to vote or a consensus well I I think nothing this evening um these references to cars had me just chuckling because I keep thinking of our bandwidth to do it internally and be like a mop head um we we can buy the gas but we don't have the vehicle right um I think so the devil's in the details right that's what we always say and and I think that what we what I would ask for from the commission on Monday and certainly give you additional time to think on this is for a consensus um for me to to go back to the board and um share that with them so that they can then make a decision on what it is that the board wishes to do because it's ultimately their decision it's their building in my board yeah and and Dan's board as well um and so I think um it's just the negotiating of that out after the fact is what would need to happen um there's some some questions you know from a financial standpoint of 501c3 and assets and and how that Transitions and title search and and the the various things that need to happen with the transfer of a property so we just there's some there's you know it's not just a okay we're good let's make it happen here's the keys there's there's still a lot of work that has to happen but before we invest time and energy in that it would be foolish to do so without uh an endorsement from the commission to pursue that so that's what I'll ask for on Monday so theore Mr Mayor I'm sorry theoretically we would come to consensus then their the Ritz board would come to consensus and the theater winter H board would come to consensus and then we'd all have a Kumbaya moment we'd agree or we do we need to formally do something John I guess is what I'm saying yeah I I think you've described that well uh commissioner Daner I think consensus on Monday then the Brits board the theater Winter Haven Board in the city you know ultimately then we would we would be in the process of negotiating appropriate documents transaction details that would then be presented back to the various boards to include the theater Ritz and and Theater Winter Haven pardon me Ritz and theater Winter Haven in the city commission and ultimately we would as part of that if you want to call it due diligence we'd be looking at title we'd be looking at you know the contract documents that we would be presenting ultimately we have to vote on buying this asset right and that board I would Envision that in the form of a purchase and sale agreement or we can do that after a contract has been negotiated with all the negotiate and then it would be recommended to you by management myself okay um and then like any other transaction that we' be involved in that's how I would Envision it okay but certainly as see manager said we would want to conceptually know that the policy makers and the that you're you know in support of that conceptually one thing thing to it isn't the uh Ritz of 501c3 yes sir it is and if a 501c3 dissolves the assets have to go to another 501c3 unless that has changed no that's correct that's right right I mean we'd have to exam and all that and make sure that you know the city as a municipal Corporation may be eligible I don't know to receive that I I I don't know we have to look at those things and and the other thing that occurs to me and I don't want to get in the the weeds certainly tonight right I don't have a very big vehicle to drive um so can't get out of the POR uh come on um I uh you know I want to make sure that there's no restrictions or there's no strange uh in impediment the title that you I don't know I've never examined title to the to that property so I don't I don't know if there's anything in there I I assume you all know whether or not there's a restriction I think Mark Turner will be back in town on Monday he's on Cru this week and yeah yeah but we don't look at that real quick our people can talk to your people yeah just to make sure that there's not something out there like for Mr Cameron's transaction right you know that we can look at immediately to determine if there are some hoops that we have to jump through that we need to address Steve is mark the board attorney yeah okay great all right Mr Mayor one thing I may ask of the commission as well and this is it's your pleasure certainly um you know I'm I'm representing the city and our our discussions with the board and they have been great to work with anything I've asked for Tom or Steve or their their accounting folks has been quickly responded to but um obviously their board is is involved and um if it would suit the commission to have a liaison uh participate in that process with me so that there's some engagement from the commission if you're so inclined yeah I you know that and that's all well and good but I don't want there to be anything in terms of a delegation so there's no sunshine issues um that would attend to that stuff and since I mean I think this is one of those things T that let's do it you do it it well and and the thing and and and the benefit for what I would say to the city manager and to the commission is anything that's done would have to come back in an open duly notice meeting and you all you know would have to consider it so by y hopefully that' be the goal all right thank you all thank you thank you appreciate it all right then we'll have commissioner Leon reports you have anything said attorney uh yes I do I mayor or former mayor I want a commissioner dancer I got to anyway I know you're the mayor so don't worry um commissioner dancer I didn't know if you were going to bring up the form six litigation oh yeah and thank you and um just so we could have some discussion tonight so if there was a consensus we could prepare the appropriate documents for Monday so um I've come to the understanding that sorry I'm sorry um that there's a lawsuit pending and it's in the federal and this and that and apparently we we can we can as a board elect to join this lawsuit for $110,000 and then if the and then if the lawsuit gets heard we are exemp exempt from forming from filing form six until the lawsuit is settled and um I don't know if that's exactly the way it works John do you know if that's exactly the way it works but that's what I understand it your understanding is is is pretty good but let me just give a little clarification just and just by way of background you're right there are two lawsuits that have been filed um one has been filed in the federal court in the southern district of Florida and one has been filed in the Second Judicial Circuit Court in Leon County so there's a state court action and there's a federal court action it's been filed by the Weiss serota Law Firm out of Miami they represent a lot of Municipal clients and my understanding is that they are seeking among other things um a court order that would adjudicate that the new law requiring local municipal government officials to file form six to be unconstitutional there are some theories that they argue under state law that violates the Privacy Clause of our Florida Constitution and under federal law it violates certain commercial uh Speech issues under the Federal Constitution they are seeking a judgment declaring the law is unconstitutional they are also seeking uh injunctive relief that would uh be a Judicial order that would enjoin the application of the law until the case is ultimately decided on its merits which would mean that parties to the litigation if it were successful uh would not have to file form six pending the adjudication of the merits of the lawsuit now that's if the lawyers are successful in getting an injunction and it's I have to be candid with you it's a pretty high burden and although they've articulated what I think are colorable claims claims that have Merit um you know I I I I don't want to purport to give anyone any um any any percentage of outcome uh it's it's it's hard to say but if you're not involved in that litigation you will get no benefit if they are successful and the mayor's correct uh they're seeking um the wiota law firm is seeking $10,000 from each of the governmental entities and and the way they've structured it in the state court they've listed the cities and the individual elected officials you all as the plaintiffs in the federal lawsuit they have opted not to name the cities for various reasons but it's just the individual elected officials who are plaintiffs and that would require each of you if you chose to do this to sign a consent form that would allow your yourself individually as an elected official official to be named as a plaintiff in the litigation in federal court my understanding is those suits were filed originally in mid-February of this year but they have opportunities to amend to add in additional parties I just was on the phone with Mr Cole the attorney who's with the Roy serota firm just before this meeting started and he's informed me that as of today there are 135 elected officials who are parties to that litigation in the federal court and that there are 40 40 40ish municipalities out of the 400 you know 17 or however many there are in Florida that have opted to participate in the state court litigation and federal court so you know that gives you some sense of feel for the numbers it's not a lot but it you know it does allow for you to get a a background so what what what the discussion and and I I wanted to make sure that you all had this discussion publicly because you can't talk about this outside of a of a meeting um so that you would have the opportunity if that was your you know desire uh to you know consider this a as an official action um at a meeting what what the attorneys are asking from the various cities are resolutions to be passed or adopted that would authorize um the uh the participation uh and then there would be a a consent or an agreement to retain the Weiss serota Law Firm um and then of course the expenditure of $10,000 so if that's something that the consensus of the city commission is to do then I will be happy to prepare an appropriate resolution for inclusion on the agenda for Monday's meeting I think the sooner if you're inclined to do it I'm not and I'm not recommending you do it one way or the other if you're inclined to do it sooner rather than later because I think they're going to have to ask for the injunctive relief pretty soon because the filing deadline starts July 1st so in order for them to get that before the you know the federal court uh end or the state court they're going to have to be asking for that fairly soon I have been told by Mr Cole that there's still time but you know um as a matter of information uh two of your uh local cities um the town of Dundee voted on March 13th to participate in the litigation and the um City of Lake Alfred voted on March 4th to participate in the litigation I don't I I think the city of malberry considered it at a meeting that they had in early March but they didn't there was not a consensus of their commission to move forward with it I don't know whether Barto has considered it um and Auberndale has not has not considered it as of yet um that Still Remains to be seen and I'm not aware of any of the other cities in pop County um I will say that um from what Mr Cole told me as I said there are about 40ish 40 41 different municipalities that have opted to participate you know the there's some things to consider um you know uh it's number one it's an expenditure of $10,000 uh number two uh it does um involve you all both individually as elected officials potentially and as a city in litigation um and so there's never any guarantees of of what the outcome of that litigation is but it's my my suspicion is that it's going to be highly legal in nature in terms of the arguments that are going to be Advanced and so it will likely be decided by the judge you know based on legal and factual matters I don't Envision there'd be a lot of Discovery or you know it's it's it's a constitutional argument essentially John if if it's found ultimately I just make sure I understand you correctly if it's ultimately found unconstitutional then why would the plaintiffs be the only ones that could then not complete form six because that would be the only parties to it's not a class action lawsuit it is a multi-party lawsuit and the legal effect of a court order would only endure to the benefit of those those parties to the litigation so what that would mean would be if if that were the the the outcome that that case resulted in an order of the court or judgment and uh a city that didn't participate wanted to Avail itself of that they would have to initiate their own lawsuit and that they would have to then use perhaps that judgment or that order of the court if they could as some kind of persuasive evidence it's not precedent necessarily because precedent is is comes with the either the Florida Supreme Court or the district court of appeal level but you could use that as as persuasive argument to get a local Court to go along with the result that was obtained by by one of these others so if you're not does that answer your question it's not a class action lawsuit it does but it does it I guess you know it's just amazing to me that if something is found unconstitutional one class would be then exempt and the other would would you'd still have to do it I I get the part that it's not a class action lawsuit but at the end of the day you have a court finding something unconstitutional yeah I think my my response to you and of course I would defer to to the litigators that handle these matters but my response to you is that a court order from a trial court which is what a district court in the federal system and they Circuit Court in the state court system is would likely be appealed and then You' go through the appeal Pro before it would become a final order and by the time it gets done that all the people are out of office anyway so I mean it's conceivable but we don't have to file at that point while if we're if we're part of it while they get all this settled yeah right yeah if if there's an injunction in place that's the key if if if a court issues an injunction that would operate to stay the effect of that law while this case goes winds its way through the judicial system then you would be uh protected if you will from filing the form six pending the outcome of the litigation you may still have to file the form six or you may not get an injunction you may they may be unsuccessful but so what's the what's the advantage or disadvantage or or why would they choose not to file this as a class action versus the way that they're doing it um I I I don't have a definitive answer on that I know that there are more to get more people to buy in um there are it kind of forces the hand of the other don't mean to just to interrupt you but it kind of forces the hand of the other 360 municipalities to get $110,000 from each of them so that they can ensure that they're not part of filling out the form six if they actually can move forward is what it sounds like to me I think that certainly could be inference you would find um I I'm not here to to say that one way or the other the point is there are certain um standards and certain proof thresholds that have to be established to enable you to have a class action lawsuit and for whatever reason the lawyers that are promoting this the Weiss serota Law Firm their headquarters is down in the Miami area they've determined you know that that's not the way to go um and perhaps it's expect it will probably become class action if they're successful yeah I don't you think I I I don't want to whine on that because I'm not sure how all that works so I don't want to tell you something that isn't right my point is I wanted to bring this to your attention I remind you to bring it up um so that you had the opportunity if you wanted to to to have a consensus if that was your view and if that was the your view then I would prepare an appropriate resolution so that you could participate in the in in the litigation if you're not interested that's fine too but I didn't want there you know I didn't want it to go on for you not to have an opportunity to at least have had the dialogue or the conversation right so is there a consensus for me to prepare an appropriate resolution to bring back and put on the agenda for the meeting on Monday Mr Mayor I I'll I'll tell you what I think and that you guys know how I feel about Forum six my our legislators are sick of me talking about it but there's a couple of per purposes number one I don't want anybody to know what's in my 401k or whatever my house is or anything you know we talked about that in titum the other thing is you know $10,000 is $10,000 but it becomes a matter almost a matter of principle we either join we either fight back or we don't I'm willing to put my name on the on the page assuming it doesn't get me fired by Raymond James I have to confirm that but otherwise I'm happy to sign on as a PL if if it if you need names is well You' be siging on as as a commissioner not as an individual okay well then then I'm happy to and I'm happy to put my name on the sheet but it's like at some point we have to draw a line in the sand none of us think this is a good idea at least I don't think you do maybe you do but I don't none of us think it's a good idea and there's no elected that I've run into that think this is this is all great and copacetic so at some point we got to say enough and this is a way to do it and granted if it gets heard we don't have to file form six but I mean we've all written emails I've written emails till I tired of writing them and and I don't get any response back from hardly anybody and they've just decided that this is what they're going to do and they're not even responding to my my overages to try to try to talk this through and so you know at some point you got to drive a steak in the ground and say that's enough you know it's only $10,000 we have the money granted it might help us personally if not have to file this form if it goes through but at end of the day we have to send a message that we stand with we don't think this was right I don't think it's right so I think we should do it but and I thought we had there was more than 40 I thought you when you when I were talking there was 60 or 80 or something or yeah I I wanted to reconfirm that it that the number was higher for the individual elected officials okay so but I was told it was 40 41 just before the beating tonight it's still $410,000 M they got plenty of money to fight this thing oh yeah no no doubt so I mean I've got a good chance is what I'm saying they got a good chance of getting it heard and yeah maybe getting it kicked back till next year and then next year the legislature kicks in and maybe we have calmer heads prevail I um but yeah all of us think it's wrong that they do this deep dive so what do you want to do about it let's let's do something I and I and I appreciate that I I don't want you to get the view from me though that this is the Panacea that this is going to be the vehicle that allows you not to have to file form six that's not what I'm saying you are likely going to have to file form six unless they're successful in this litigation and you are a party of that litigation in getting an injunction and it's pretty you know injunctions are not easily granted out or given by a court but if you're not involved you have no opportunity my point all along is is form six is fine if you if you run for office knowing that's what you got to do it's the fact that they did this midterm that I've that I've been hammering them on is that you shouldn't be able to do that you know prior to you should be able to look at form six and decide if you're willing to disclose that to run for office that's what my thing has been all along if you don't if you're not prepared to do it then you don't run for office I think you're probably uniquely situated on this board because I think all the other members of this board ran after this law went into effect okay well I'll do whatever the fact may be I'm just saying that it just it to me it's just it's beyond the pale it's over the top and right or wrong it's not right and we should try to fight back that's all that's this is one little simple way we can do it that's just my feelings anyone else is there yeah I'm going to be able to cultivate count I can you know if there's three of you that want me to do this I'll I'll be happy to do it anyone else could do a resolution I I probably would look at it I want to know kind of what's yeah I'm not asking if you're how you how you would vote on anything but is there interest for me to do that and if you if there is I'll I'll be happy to do it so what would you do John I'd prepare a resolution for you all to then give consideration on Monday and then we will vote it up or down up or down but I didn't want to do that unless you know you all I didn't want to presume so what' you say Tracy I'm a I'm a maybe I probably I'll go I'll go with it I don't agree with it either I don't I don't um I don't think it's right some of the information that they're asking for that you know it it it holds no merit to to being an elected official um but at the same time I I have trouble giving 10,000 bucks to a law firm in Miami that's my I get that I'm I'm I get equal you know I'm on both sides of it so and I and I get understand that R doson well you know I'm I'm the newest uh to this game and um so I haven't really formulated a real definite opinion about it uh I think it is intrusive of course I I agree with that I'm kind of picked up commissioner uh dancer's passion with regards to it uh but you're right the consideration of the $10,000 with not a I don't know what chances are that this would probably uh is this just a protest Vote or we just you know adding to that aspect of it how how long do you think it this this uh this matter would take to my my sense out commissioner doson is that if they're going to be getting an injunction they better be doing it soon um certainly before the July 1 because you have to file your forms you know they're they're F they're due July first they're late if they're not filed by September um and you have a fine that acrs so you said that those are rarely well I mean injunctions are are extraordinary relief and you know you got to you got to establish that you have success on the merits of the case that it's in the public interest and that there's you know no other adequate remedy of law I mean there there's things that have to be established legally and my experience is that those are not you know easy to come by doesn't mean they're impossible and I think based on my reading of the complaints the attorneys have articulated interesting arguments that I think are legally and theoretically interesting I just don't know how persuasive or how a court would rule on those arguments but I think that they're viable but I don't know what the success would be on that I think Florida leag we uh that that matter was addressed when we actually met with them and uh and because the numbers were not that great in terms of those who had uh I guess the the thought ailing thought that many more would probably consider resignation uh with uh not having to you know do the fill out the forms and I think but the numbers uh were not that great in terms of uh those who have have resigned um which is interesting too because I thought there was going to be much more of a concern but apparently it hasn't been my understanding is based on some of the facts that were told to me uh is that about over 100 Municipal elected officials resigned prior to December 31st of 2023 that's out of how many oh thousand I mean yeah I'm saying quite very small percent yeah yeah that's what I'm saying that and that was the concern I think that so it kind of it really didn't it didn't really resonate when we were there it didn't appear to be a major issue I think because of that Mr um I just wanted to say that there are laws against uh personally um someone having your financial and and as much detail as this is I mean you not only have to list the bank how much money you have in it everything like that um you know I I what of importance is that we we usually list how much you know we have but we don't have to put the bank and we don't have to you know do all that so if I'm wrong correct me on that well I think well I I think form one was much less um comprehensive than form six I will say and again this just from what I generally understand is that form six has a form that has been required to be filed by County Commissioners constitutional officers school board members and the state representatives and state senators um so it's not a new form it's just never been applied to the local Municipal officers it is a new form to the local right right but it's not a new form you know Commissioners or that level Council people um but you know you always have to put where your income comes from but you didn't never had you didn't have to give an amount of where it was and and uh so um that's kind of invasive and there is laws you know that protect that disclosure of someone getting that disclosure uh financially there are you know from Financial as same as they are medical we certainly hope that the court is is sympathetic to those arguments um but you know there there are a lot of nuances to that you know the the Florida legislature makes the laws of the State of Florida and and we understand why they would have them do it because they have lobbyist um at every corner that's trying to I I haven't seen any lobbyist here that's an astute point but I will say that in larger cities yeah that you know Fort Lauderdale Tampa you know some other cities they do good lobbyists that that do you know those types of individuals that do but nonetheless it's an astute Point as it relates to smaller yeah uh you know communities perhaps maybe it's just time to run for state representatives well good luck with that because it didn't seem like there was much appetite to take up this at all uh or if there was it didn't it was not a very it was not a very uh robust appetite uh because I don't think I think there was some talk about maybe grandfathering in like you talked about commissioner dancer but I don't think that even well I would I would just say to the Commissioners if you haven't form filed form six it's online do it they're going to want to know how much artwork you have they're going to want to know how many shares of stock you own how many uh what your mortgages are everything this is a deep dive this is not what you're used to filling out and if you haven't opened up that form I encourage you to do it over the weekend because it's very intrusive and it's uh it's over the it's over the top in my opinion because like Tracy said we have no lobbyists down here we have nobody trying to influence us we're not the same as the state legislature we're not the same we don't have people trying to influence us to do something this is you know we just had $3.6 million in fund balance extra on top of spending all this other money so we have the money but you know that's just my the way I feel about it and uh well and even if you have 100 people that resigned that's still 100 people that might be 10% or whatever if we have a TH or whatever it's still 10% of the people that have resigned that's a lot of people that had to make a decision either resign or stay on the job and to me if there's just one person that had to resign as too many because of something that's not needed well there was no grace period on this either it started immediately so yeah that was my that's what I've said all along they could could have said okay since you newly elected this year we'll start next year it gave you some time to yeah whatever that wasn't the case well John it sounds like there at least three that would like to see a resol prepare a resolution prepare it and and put and give it to Andrew so he may put it on the agenda y all right one thing with that uh to Echo a comment that commissioner danler made if I could Mr Mayor there was there was a bill that was circulated and died in the final week of the com of the session this year that they had plugged in it dealt with a number of different things pertaining to employment contracts and the like but they had plugged into that um language that would delay the filing of form six till July 1st of 2025 so I'm not sure who who managed to get that language in um and that it just never made it yeah it it it started its process but it just died in the last week of the of the session so I think that one thing to maybe give a glimmer of hope is that someone was was listening and and just didn't have the support behind it and that could very well be because of the other items that were included in that same bill it was kind of a catchall right so the only other thing I will I did have a conversation with somebody from the Florida league and I asked them about well what if you're not truthful on form six what happens on that or what if you miss something well the problem becomes then is if you may not get caught but if somebody runs against you in reelection or they or or you get audited and they want to do it they want to they want to pull up your financials and they say wait a minute I happened to know you own a rimo at your house I've seen it how come you don't have your rimo on your financial disclosure then all of a sudden you've got to determine you've got to prove to some entity out there that you don't own a rimo or you do because you didn't put it on your financial disclosure and somebody reported you that you do own one you see what I mean that's that's the slippery slope that we go down with this thing is if as long as everything's copasetic it's fine it's when somebody wants to run against you or come against you and create a problem they can go go to your financial form and say he's lying he's not doing it right and I'm just I'm telling you guys go to fill out that form this weekend and look at what they look at how deep it how how much they ask you that's all I can tell you well and I I I hear you but from my perspective and of course I don't have anything to do with filing of the forms that you all my advice to you is to fill them out completely and truthfully and disclose you got a remoir um well I mean fill it out in accordance with what it's required to be done I mean that's what I'm saying that's what we're facing if somebody wants to come against this in a in an audit situation well the best the best protection against that is to to be truthful is to be truthful I know that's I'm not saying that I'm just I just had you're right it certainly gives another Avenue we have the resolution I I I'll prepare it get put on the agenda right sir city manager this has been a great meeting one of the best workshops we've had so I have nothing further thank you sir assistant city manager nothing tonight sir thank you clerk I just want to wish um mayor bang and happy early birthday your birthday's Friday you're here ah happy birthday thank you you how many a bunch never mind you don't have to answer that that's invasive complaining about form six I me Ms not receive for the agenda a motion to ajour we adjoin all right