e e e there you have it [Music] so this is for the water plant did talk Bruce I did talk Bruce as well yes he he had already reached out to Steven hey I'm just getting ready to start commission meeting I can give you a call back done hour two hours all right good evening I'd like to call to order a regular City commission meeting this the 22 2 of April at 6: p.m. we will have the invocation by Pastor Tim Clark of the Haven worship center and we will be led in the Pledge of Allegiance excuse me by Nessa Castillo MMC city clerk do roll call please oh roll call I did it again commissioner danler here mayor proem Yates here and mayor bertong here commissioner Tracy Mercer is absent okay and Reverend doson is coming in all right good deal yeah please stand with me Father God we're so honored tonight that we can come together as your people as men and women who are leading uh our city Lord we pray your hand upon our commissioners tonight Lord we thank you that as they process the progress of our city that you give them incredible wisdom Lord we believe for the wisdom the same wisdom that Solomon had Lord to be able to move forward with what you are calling our city to do we thank you Lord for granting those things to them and Lord wisdom we declare beyond their Years thank you Lord for your hand upon their families and your hand upon our city as we continue to grow we agree for these things we believe for these things and we trust you for them in Jesus name amen amen God bless you the United States of America the stand one with liy and justice for all you join me mayor and Commissioners we have a handful of presentations and proclamations this evening so Deputy city manager MJ carnavali and myself will tag team these and he will get us underway with our 2024 Earth Day Proclamation if we could have Dustin Everett and any members of natural resources that are here along with him come to the podium whereas Winter Haven Florida as part of a global Community desires to take action to create positive environmental change and whereas on April 22nd 1970 some 20 million Americans came together to celebrate the first Earth Day and whereas Earth Day is now observed on this date internationally as sanctioned by the United Nations and whereas the City of Winter Haven is committed to promoting science-based sustainable environmental practices and whereas in working towards a sustainable future for our children we must also provide them the tools they need to solve the environmental problems of the future and whereas through constant friendly communication about environmental issues citizens will tend to be more creative sensitive experimental and flexible in resolving the challenges faced and whereas an international Earth Day can draw people together in appreciation of their Mutual home planet Earth and bring a global feeling of community Through realization of our mutual dependence on each other now therefore Nathaniel J Birdsong mayor of the City of Winter Haven Florida does hereby Proclaim April 22nd 2024 is Earth Day and the City of Winter Haven and urges all citizens to support efforts of environmental lit literacy and contribute to a healthy and sustainable future in witness whereof he has here and to set his hand and caused the Seal of the City of Winter Haven Florida to be affixed this 22nd day of April 2024 now I just want to say thank you guys um for this Proclamation and uh for the recognition that Earth Day is it's really nice that here in the City of Winter Haven uh we have a environmental recognition that takes place 365 days a year with the commitment of our commission and the commment of our leadership here in Winter Haven and all the work that we do in our environment uh as you guys know that um you know environmental concerns are uh a big um you know a big issue that we're brought forth in our uh in the retreat recently and uh environmental s um uh sustaining the environment is um one of our pillars here uh in the city of Warner Haven so I just want to say thank you [Applause] thank you Dustin our next Proclamation mayor and Commissioners is for first responder Mental Health Awareness Day I'd like to call to the podium Morgan vulpi our Proclamation reads as follows whereas the well-being and mental health of Winter Haven First Responders are a vital as they dedicate their lives to ensuring the Safety and Security of our community and whereas the challenges and demands confronted by First Responders often placing them in high stress situations with minimal recovery time between traumatic incidents expose them to trauma and emotional strain thereby increasing the risk of anxiety Su suicidal ideation postraumatic stress disorder symptomologies and other acute mental health issues and whereas recognizing the vital role that mental health plays and the overall resilience and effectiveness of our First Responders it is essential to raise awareness and Foster a supportive environment that encourages open dialogue and reduces the intrinsic barriers that bar them from seeking help because of stigma diminished capacity to do the job informal codes of silence and treatment costs and whereas first responder Mental Health Awareness Day serves as an opportunity to acknowledge the sacrifices made by the city of winter Haven's First Responders and to emphasize the importance of prioritizing their mental health and whereas it is our Collective responsibility to ensure the First Responders have access to the resources support and services they need to cope with the challenges they face daily now therefore Nathaniel J Birdsong Jr mayor of the City of Winter Haven Florida does hereby recognize May 10th 2024 as first responder Mental Health Awareness Day in the City of Winter Haven and encourages all Citizens Community organizations and businesses to join in raising awareness about the mental health struggles faced by our First Responders and to Express gratitude for their dedicated service and witness whereof he is here and to set his hand and cause the Seal of the City of Winter Haven Florida to be affixed this 22nd day of April 2024 signed Nathaniel J Birdsong Jr a test Vanessa Castillo City Clerk I'm excited to accept this Proclamation I think that the city has come a really long way in getting to where we need to go uh we still have an even greater way to where we need to be uh I read a study this morning that was actually published by the Department of Children and Families in regards to mental health specifically around suicide for First Responders and more First Responders will die by Suicide than in on the line of duty um which screams at the severity of mental health when it comes to First Responders and I challenge each of you to put forth effort put forth the word um help us stop stigma um help us get individuals the help that they that they need and um we can continue to do the work that we need to do to protect the ones who protect us all right our next um more you want to stay there for our next one so our next one is for mental health awareness month and it reads whereas Winter Haven Florida is part of a global community that strives to be the best city through the Relentless pursuit of excellence and whereas mental health is foundational to a community's overall health and well-being and whereas one in five Americans experience a mental health problem in any given year and whereas approximately one half of chronic mental illness Begins by the age of 14 and three4 by the age of 24 and whereas Su suicide is the 10th leading cause of death in the United States and the second leading cause among young adults and 90% of people who die by Suicide have an underlying mental disorder and whereas addressing the complex mental health needs of children's adolesence adults and families through early identification and treatment is fundamental to the future of our community and whereas every citizen can make a difference in helping in the silence and stigma that for too long has surrounded mental illness illness discouraging people from getting help and whereas mental health health awareness month can foster public education and Civic activities that encourage mental health and help improve improve the lives of individuals and families affected by mental disorders now therefore Nathaniel J Birdsong Jr mayor of the City of Winter Haven Florida does hereby recognize the month of May 20 24 as mental health awareness month and the City of Winter Haven encourages all citizens to increase their awareness and understanding of mental illness reduce stigma and discrimination educate the public and AD advocate for equal care in witness whereof he is heing Chief set his hand and caused the Seal of the City of Winter Haven Florida to be affixed this 202 22nd day of April 2024 I'm honored again um to accept this Proclamation uh everybody in this room whether they know it or not has somebody that has been affected by mental health whether that's a family member a friend or themselves it is extremely evasive um it does not discriminate it comes in all shapes and sizes and forms um one of the things that we Face specifically in Winter Haven and in P county is a provider shortage um we need more people more providers more places to go and to seek mental health counseling and help and without that we continue to see the deprivation of Mental Health Resources um I hope that the city I hope that our constituents and I hope that our residents understand this and in the future we able to provide more mental health counseling and more help to those who really need it because we are truly in a mental health crisis right now um so again I challenge you to talk about it um don't let the stigma continue to have space in Winter Haven allow mental health help and allow healing and allow others to have the the help that they deserve thank May Commissioners your next Proclamation is for drinking water week and with us this evening we have Steve W our water plants manager Damon bvis our water plant chief operator and it looks like key Carlton was with us this evening and uh one of the Carlton children it's time it's time for more education at City Hall Proclamation reads as follows whereas water is our most valuable natural resource and whereas drinking water serves a vital role in daily life serving an essential purpose to health hydration and hygiene needs for the quality of life of our citizens to enjoy and whereas tap water delivers Public Health protection Fire Protection and support for our economy and the quality of life we enjoy and whereas the hard work performed by the entire water sector designing capital projects operators ensuring the safety and quality of drinking water or a member of a pipe crew maintaining the infrastructure communities rely on to transport highquality drinking water from its source to Consumer Taps and whereas we are all stewards of the water infrastructure upon which current and future Generations Depend and whereas Investments made in our water system by our community are important and should be Comm at and highly and highlighted on this 70th anniversary of the city of winter Haven's Fairfax water treatment facility and whereas the citizens of our city are called upon to help protect our source Waters from pollution practice water conservation and get involved in their water by familiarizing themselves with it now therefore Nathaniel J Birdsong Jr mayor of the City of Winter Haven Florida does here by Proclaim May 5th through May 11th 2024 as drinking water week in the city of Winter Haven in witness whereof he is heing to set his hand and cause the Seal of the City of Winter Haven Florida to be affixed this 22nd day of April 2024 signed Nathaniel J Birdsong [Applause] Jr so I want to explain the cupcakes it is to invite our community and everybody here today to the 70th um birthday anniversary of Fairfax so it has been 70 years this year that we have been treating our drinking water in witer Haven at that facility so we just wanted to be able to highlight all of our operators that are there 247 behind the scenes um of our water treatment and just you know show them our appreciation and show that facility some love um but we want to you know invite the community out so they can see where their drinking water comes from meet some of the people behind the scenes so we thank you guys for this this is awesome right the count one two two mine's the longest two more Commissioners two more we're going to let you sit down for the audit though all right next up we have a Girls Incorporated week and I believe Peggy thrl is here with uh others all right so it reads as whereas 2024 marks the 160th anniversary of Girls Incorporated the longest running Girls Leadership program and whereas Girls Incorporated was founded in 1864 and now supports over a 100,000 girls across the US and Canada through advocacy efforts on barriers that threaten their ability to succeed and whereas Girls Incorporated of Winter Haven founded in 1948 is a vital part of our community because it's work to empower girls to achieve their full potential develop self-esteem and creates skills for Success whereas Girls Incorporated develops and provides evidence-based programming with positive and last lasting effect for girls who participate and whereas Girls Incorporated of Winter Haven girls historically have a higher attendance rate are successfully promoted and are able to maintain and improve their grades through the school year and whereas Girls Incorporated has had a longstanding commitment to inspiring all girls to be strong smart and bold for 160 years now therefore Nathaniel J Birdsong Jr mayor of the City of Winter Haven Florida does hereby congratulate Girls Incorporated on the 160th anniversary of its founding and Proclaim May 6 through 10th 2020 24 is Girls Incorporated week in witness whereof he is heing to set his hand and cause the Seal of the City of Winter Haven Florida to be a fixed this 22nd day of April 2024 first off I would like to thank the commission for this Proclamation and also for your continued support of our programming impacting the girls positively in the greater Winter Haven area Girls Inc week will actually be celebrated by all Affiliates of across the United States and Canada 350 cities are served by Girls Incorporated nationally from our days on the shores of Lake Ship to also serving girls in Wanita and Florence Villa to our facility on Havendale Boulevard our goal continues to positively impact the girls of Winter Haven so that they will grow up to positively impact our community inspiring all girls to be strong smart and bold thank you right count three one two three and one more beautiful mayor Commissioners your next Proclamation is for professional Municipal Clerk's week ask Vanessa Castillo to come to the podium and I believe latan Harris as well Proclamation reads as follows whereas the office of the professional municipal clerk honored and vital part of local government exists throughout the world whereas the office of the professional municipal clerk is the oldest among public servants whereas the office of the professional municipal clerk provides the professional link between the citizens the local governing bodies and agencies of government at all at at other levels and whereas professional Municipal clerks have pledged to be ever mindful of their neutrality and impartiality rendering equal services to all and whereas a professional municipal clerk serves as the information center on functions of local government and community and whereas Municipal clerks continually strive to improve the administration of the Affairs of the office of the municipal clerk through participation and education programs seminars workshops and the annual meetings of their local state county and international professional organizations and whereas is most appropriate that we recognize the accomplishments of the office of the municipal clerk now therefore Nathaniel J Birdsong Jr mayor of the city of winter hav Florida does hereby Proclaim May 5th through May 11th 2024 as 55th annual professional Municipal City cler municipal clerks week in the city of Winter Haven and further extends appreciation to our city clerk Vanessa Castillo and Deputy city clerk latata Harris and to all Municipal clerks for their vital Services they perform and their exemplary dedication to the communities they represent in witness whereof he is here and to set his hand and cause the Seal of the City of Winter Haven Florida to be affixed this 22nd day of April 2024 signed to thaniel J Birdsong Jr I feel a little guilty because my little speech here is long but I'm going to try to read it as fast as I can so good evening it is hard to believe that this year marks the 10th consecutive year the city commission has presented the city clerk's office with a proclamation for professional Municipal clerks week The International Institute of Municipal clerks has sponsored this week since 1969 and in 1984 and 1994 presidents Ronald Reagan and Bill Clinton respectively signed a proclamation officially declaring Municipal Clerk's week the first full week of May and recognizing the essential role Municipal clerks play in government so as a history lover I'd like to share some fun facts about Municipal clerks so Municipal clerks along with tax collectors are one of the two oldest public servant positions dating back to ancient times in Greece Municipal clerks were called rememberers or town reminders a town clerk was mentioned in the Bible in the book of Acts 19:35 which that was pretty interesting to me uh dating back to the 13th century in London England the position was curiously called Town clerks not clerks and historically it held the role as a legal adviser and historically municipal clerk positions were held by men where today 84% of them are female and they often held a dual role as treasur as well and as you already know Deputy city clerk latata Harris and I are members of The International Institute of Municipal clerks the Florida Association of city clerks the Poke County city clerks Association and the Florida records management association all esteem associations with which continuously provide excellent resources and guidance that assist and enhance what we do as Municipal clerks every day so tonight's recognition shows the continuous support each one of you have consistently demonstrated ated to the city clerk's office and for that we express our utmost appreciation [Applause] gentlemen feel free to take a seat Mr Mayor um if it pleases the commission your item 5G this evening is the annual comprehensive financial report something we often refer to as the AER this is for the fiscal year that concluded September 30th 2023 um and we have with us this evening Daniel Anderson CPA with the firm of molden Jenkins this is their first year with us uh they were brought on um I believe back in in early fall uh we had done a RFP process to solicit a new auditor for the city and um with that I will turn it over to CJ Scott for any opening comments and then to uh Mr Anderson for presentation uh it's just my pleasure to work with Daniel Anderson and his team um audits are usually stressful and this year it went really well and per Florida statute we have really three audits the Aur uh the grants and then the CRA and all those books are up on your desk so without further Ado here's Daniel Anderson great thank you Mr Mayor Commissioners uh as mentioned my name is Daniel Anderson and I'm a partner with mold and Jenkins who oversaw the city's 2023 fiscal year and audit you should have three booklets in front of you the biggest one is the annual comprehensive financial report or act for itself the second one is a a document that Mal and Jenkins issues called the auditor discussion and Analysis this provides all the required Communications that I'm going to go over this evening in a written format as well as some additional information for you and then the third document is a standalone financial statement for the CRA Florida Statutes required any cras that have greater than $100,000 in revenues or expenditures uh to undergo a separate Standalone financial statement audit uh so that's the audited financial statements for that document I do have a brief presentation for you here this evening as the city manager mentioned it is malda jenkin's first year serving as your Auditors and we appreciate the opportunity to do that so I'll provide you some additional information about molden Jenkins I'll go through the audit opinions and the additional reports that you'll find in the AER I'll go through the required Communications under government auditing standards and then answer any questions and comments that you may have so mold Jens we are a large Regional audit organization with offices throughout the southeast your audit was performed from our Bradon Florida office location our governmental Niche is the firm's largest Niche serving over 700 governmental entities throughout that footprint this includes over 150 entities that seek and achieve the gfoa certificate for excellence and financial reporting similar to the City of Winter Haven here um as CJ mentioned uh we did undergo a federal and state single audit our firm completes over 225 of these to separate clients on an annual basis covering $4 billion in federal grants and then lastly we are nationally recognized the current chair of the governmental Accounting Standards Board was selected from malna Jenkins it is a former partner of ours so we're certainly humbled by the fact that uh the standard setting body for governmental accounting chose someone from our firm to lead their Organization for a seven period term as mentioned the annual comprehensive financial report this document goes above and beyond what's required under government Accounting Standards uh the introductory section and the statistical section are the sections within that document uh that do provide that additional information such as your transmittal letter in the introductory section and the statistical section which gives you 10 10 years worth of FIS F Financial Trend analysis Revenue capacity information debt capacity information and operating information uh included in the financial section which is required uh you know it's a big document so if you read anything the two things that I would recommend are the transmitt letter and Management's discussion and Analysis that provides really a bird's eye view and summary of the financial activity in the current year as compared to the prior year um the statistical section as it gives you that 10 years worth of information not also look at and then beyond that you know you can really break down the document into several different parts depending on what you're looking at so you could certainly reach out to CJ and her team and they can help you with that so we perform an audit to give our opinion on the presentation of the financial statements uh and developing our procedures uh to support that opinion we do consider the internal control structure however we're not issuing an opinion on the effectiveness of internal controls our audit was performed in accordance with generally accepted audit standards as well as Government auditing standards to provide reasonable assurance that the financial statements are free and material misstatement and the financial statements are the responsibility of City's management I'm happy to report that we've issued an unmodified opinion which is the highest form of assurance that we can render so in our opinion financial statements that you have are free of material misstatement in the back of the act for document you will find several other reports one is what we refer to as a yellow book report or a compliance report which contains uh a report on our testing of the city's internal controls and compliance with respect to significant laws and regulations this is a negative Assurance report so we don't provide an opinion within this report we just let you know if there were any findings and I'm happy to report that the city had no findings for the 2023 fiscal year end uh additionally as CJ mentioned as the city expended more than $750,000 in federal and state Awards it did require us to perform a single audit over four major programs in total federal and state expenditures $8 million and our testing covered approximately $6.3 of that $8 million and we had no issues related to compliance or internal controls over compliance with respect to the use of these Grant funds I'll try and quickly go through the required Communications here as you do have them in written format as well like the financial statements management is responsible for the application of the accounting policies and procedures described in note one of the financial statements uh during the year a new gasby pronouncement that was pretty significant was implemented related to to subscription based it Arrangements essentially these are subscription contracts that you have in excess of a year and the standard requires us to evaluate those and bring those onto the balance sheet to say we have a right to use that subscription or an asset as well as a corresponding liability for the present value of the future minimum payments so you'll note that within the financial statement document uh and as we evaluated the city's accounting policies and procedures we didn't note anything that seemed out of the norm or controversial in accordance with the guidance that's available the financial statements do include various estimates from management the most significant estimates that you'll note are actuary valuations when it comes to your net pension and total oped liability as well as fair value of Investments that's reported on the city's financial statements and the estimated useful lives for Capital assets and how they're being depreciated over that term we received full cooperation from from CJ and her team they were a pleasure to work with uh as well and anything that we asked for they provided to us in a timely manner and all the information that they provided to us you know had adequate supporting documentation and was very well put together for us in order to perform our procedures in an efficient manner at the conclusion of the audit we obtained written representation for management over the information provided to us we're not aware of Management's consultation with other accountants or what we refer to as opinion shopping there were no significant issues discussed with management to bring to your attention there were no unrecorded or pass adjustments in the audit process uh and in addition to the basic financial statements we did evaluate the footnote disclosures and ensure that they were neutral consistent and clear with respect to the supporting documentation that we used to compile them we're not aware of the financial statements being included in any other documentation and mden Jenkins is independent with respect to the city so Additionally you know with that Auditor's discussion and Analysis as I mentioned it provides all those required Communications that I went through um and it ALS also provides some information on upcoming gby standards and pronouncements I know the gby has been very active in Prior years with a lot of new implementations I'm happy to report that that you know they're slowing down a little bit so I know we have to implement a new standard on compensated absences in the next fiscal year uh but beyond that um you know nothing too too significant but there are some gasby projects that they're working on and I know that a lot of municipalities have expressed a desire for gasby to slow down on implementing those and they are trying to do that as much as possible that's the presentation that I have for you this evening again we certainly appreciate the opportunity to serve as your Auditors and I'm happy to answer any questions that you have about the audit process the financial statements or anything within my presentation Mr nous yes two questions no findings is that common or is that uncommon to have a a city this size to have absolutely no findings I would say about 5050 you know a lot of times the larger municipalities you know are well oiled machines and have a lot you know they've got a lot of activity but they've got a lot more opportunities for controls to have in place so it's certainly something to be proud of um anytime that you don't have findings uh I'll say that but there are other you know municipalities that we audit I'd say about 5050 kind of undergo findings commission danc so we did have findings in years prior you may recall and those have all been addressed by your Finance team and that's reflected within the the audit that was performed this year no it makes I'm pleased to hear the news I'm just wondering if that's a uncommon or common or however you want to look at it but whether that's a sounds like it's 5050 that sounds my ride so and my last question has to do with our pension plan you briefly touched on it would you just give us a quick rundown on the health of our pension plan on I don't see it on here but I didn't look closely so I'm sure it's probably in this book somewhere so so I can just i' like to get your opinion on it as much is there a specific plan in particular that you're looking for all three plans well the general mainly the general employee but all three of them if you've got anything you would like to you know elaborate on so page 114 of the act for has 10 years worth of trend analysis um on the general employees plan and then the subsequent Pages talks about the police and fire as well it you know I I always say when when considering pension plans this is a very long-term liability it's also very susceptible to as I mentioned earlier estimates that are made by the actuary there's actually a footnote disclosure that talks about just the investment rate of return that is chosen you know if the actuary were to use a rate a little bit 1% higher or 1% lower how that impacts the overall liability so I do always say you know take it as a long-term analysis and look at the trends like you see here on page 114 uh the general plan 76% funded I think that's very common with what we see you know typically you're between 75 and 85% with these plans there are some entities that have chosen to kind of make excess contributions to try and get near 100% um but also as you can see you know if you look from 2020 to 2024 you know it got up to as high as 87% and then dropped down to 72% in 2022 and then jump back up to 76% in 2023 so what's what's the implied interest rate we're using I don't haven't we been lowering that half a percent a year for a while or I think it may have leveled out maybe we stopped or yeah leveled out it I think it leveled out at s a pension board meeting this week we can affirm that and let you know it's I I know at one point it we we were lowering by half a percent for three or four years in a row to we got to a certain level I just don't know I don't remember what it was is it seven I think it's seven yeah it looks like it might be 6.5% 6.5 and again I'm just quickly looking but I I do see page 115 how it's been lowered it looks like you know page you're it's on October 2023 it's a 6 and a half% assumed rate so and that's very close to what the state of Florida has used for the F FRS pension plan as well um so you know you want to look at the liability in a long-term perspective but you also you know the actuar is determining what your required contributions are and you want to evaluate and make sure you are making you know Meeting those required contributions in accordance with what the actuary is determining to say hey here's what we're projecting that you're required to have to make sure that you're funding this appropriately um so the city is making those required contributions in the ACT where he kind of adjusts you know what their expectations are um as you move forward in accordance with how the plan's um operations are acting and is it a fair assumption that police and fire are about the same 70 80% so I think they're both right around 80% so there're a few percentage points High yeah um in the same assumptions as far as you know or firefighters are on page 117 commissioner danler and they're at about 80% and their assumed rate of interest is at seven it was lowered from 7.75 to 7.6 um the police pension is at 81.7% % and their uh assumed rate of return 7.35% so these are all three pension three actually 7.45 they're all three separate pensions boards and the boards are the ones that set the assumed rate the actuary bed on the actuaries input is yeah the board makes yeah and um keep in mind the general pension is a closed pension so no new employees go into that we closed that I believe in the fall of 2017 right and so all new employees that are not within police and fire go into a 401a retirement program and the fact that we have different assumptions on all three different plans is not concerning I mean I don't know I'm not I'm not necessarily I'm concerned I'm just sign to 7 and a half% assumed return is normal for what you're seeing across the board yeah it is so we're at six and a half on the so it really ranges from 6 and a half to 7 and a half so I think all three plans are within that range um and again on pages 96 and 97 you know it just provides analysis on you know if they were to change that by a percentage Point higher or lower how that impacts the net pension liability page seven what you 96 and [Applause] 97 I'm sorry I would have looked at this but I'm just just give me a minute to okay okay I'm good I'm good okay anyone else just a point of clarification or just I guess you know we missed JP up here he always had that one question I can't remember what told that somebody was going to ask it you know I'll ask it for him I'll let you ask it but but first I I just wanted in comparison to other municipalities since molden and Jenkins does so many municipality audits when you look at our full picture from the 30,000 foot level and you see the debts and you see the assets and you see the liquidities and all everything that's there where would you rank us kind of in the and I don't I'm not you know necessarily throwing other municipalities but but I mean would you say we're at the top of the the tier we're doing everything right we're among the best of the best Daniel if you could live anywhere um you know it's a great question we get that question often I I'll say you know governmental accounting is similar but every governmental entity is a little bit different in the operations that you have um so I would say just looking at the city on its own the city's doing very well I'll also say that part of our audit procedures the auditor general requires us to perform Financial indicator analysis where they take like municipalities to the city of w City of Winter Haven and they have benchmarks based on the average Financial operations of those municipalities and then they compare the City of Winter Haven to that average Benchmark that you have um you know the results of that was not unfavorable which is good to know I think beyond that you know the city's doing very well as far as you look at your unrestricted net position that you have you look at how the general fund is operating you look at the operations of each of the city's Enterprise funds you know they're able to kind of self- sustain which is kind of the goals of those Enterprise funds um so just from a 100,000 foot view I think the city's operations are very well additionally having zero findings over your internal controls is a positive I know I said 50/50 but it's positive to be on that 50% of it that don't have those findings um so overall I would say the city's doing very well and part of this consist I think you just kind of alluded to it a little bit is stress testing it you know I I'm on the financial side so in the bank we've got to adhere to stress testing you know throughout on this level and this level and this level is that same concept put forth on the mun municipalities on if this goes bad if this goes bad you know where does it still stand as as to the point of of a city failing or is it not looked at really the same way as as let's say a bank would be looked at I would not say it's the same way a bank would be looked at because the goals of a governmental entity and a bank are you know two separate goals that you have you know we do perform an analysis to make sure that the government doesn't isn't a going concern issue so we do things like that um and there's no concerns whatsoever as far as the city goes here um when it comes to those type of things nothing like five hurricanes that comes through this year what kind of position position would we be in and you know that's that's a great great point and I think you know living in Florida you're always susceptible to that um when I look at just the general fund here you know your unassigned general fund fund balance is 26 million compared to annual expenditures of 44 million you know so you're greater than 50% there gfa's recommendation is between 15 and 25% however that's nationally we live in Florida we are sus to hurricanes and things like that so it is positive to be higher you know much higher than that 25% when you're looking at your your unassigned fund balance but just to give you that comparison you know you're greater than 50% and their recommendation is between 15 and 25% thank you well I'd just like to say on behalf of the late JP pow could you really tell us how good we are I think you've already done that so we thank you thank you guys very much thank you mayor Commissioners and thank you uh to the folks at malen Jenkins great to work with them commissioner May proam Yates if we have five hurricanes we're going to come looking for you now all right we have no developments of note Commissioners we have the minutes and entertain a motion Mr Mayor yes motion to approve the minutes of March 25th 20224 April 3rd 2024 and April 8th 2024 in their entirety all right thank you I will now close to C the commission meeting open the public hearing anyone wishing to speak can do so at this time seeing none close the public hearing all those in favor of the motion let it be known by saying I I opposes by the same sign comments from the audience we have none audience is second reading 02420 would you read by title on the City attorney thank you Mr Mayor ordinance number 0- 24-20 an ordinance extending the corporate limits of the City win Haven Florida so as to include therein additional territory lying contiguous and adjacent to the present boundaries of the City of Winter Haven Florida describing set additional territory repealing all ordinances in Conflict here with providing for the administrative correction of scrier errors and providing effective date General location 250 Cypress Gardens Boulevard the area covered by this request is 0.89 plus or minus Acres thank you thank you city manager mayor and Commissioners this is the annexation of the ABC properties LTD uh property located on Cypress Gardens Boulevard this is second reading nothing has changed since first reading uh staff stands available to answer any questions the commission may have but recommends that this uh ordinance 0 24-20 be approved on on second reading thank you Commissioners Mr Mayor yes motion to approve ordinance o-2 24-20 thank you I will now close to see the commission meeting open the public hearing anyone wishing to speak to this audience may do so at this time seeing none I closed the public hearing we open C the commission meeting all those in favor of the motion let it be known by saying I I I opposes by the same sign hearing none the ordinance passes Commissioners you have the consent agenda Mr Mayor yes motion to approve the consent agenda as a whole thank you I will now close the commission meeting open the public hearing anyone wishing to speak to the consent agenda may do so at this time seeing none I'll close the uh public hearing reopen the city commission meeting Mr Mayor just want to make note that uh the uh act for presentation you just heard so for the benefit of those that are watching on our broadcast or here in the audience that is the acceptance of that act for report as an official action of the city commission is included in the consent adust okay all those in favor of the motion let it be known by saying I I oppose this by the same sign all right we're resolution s resolution 11a would you read by Ty l c the attorney thank you Mr Mayor resolution r- 24-22 a resolution approving an agreement between the City of Winter Haven Florida and the State of Florida Department of Transportation for the design of roadway sidewalk and Landscape improvements associated with the complete Street project in Avenue C Southeast from First Street South to 6th Street Southeast and any supplemental agreements thereof and authorizing the city manager to execute on behalf of the city winner Haven said local agency program agreement approved herein and any further necessary amendments there too repealing our resolutions in Conflict herewith providing for administration correction of scrier errors and providing for an effective date thank you thank you city manager May Commissioners Britney Hart director of our accredited public works department will present this item for you this evening all right good evening mayor Commissioners um so as I mentioned at the workshop last week this is a grant that we applied for through the P County TPO in partnership with fdot um to design Avenue C Southeast from First Street to 6th Street um and along that stretch of roadway you have um three schools you have Grace Lutheran you have Brigham Academy and then the Dennison Middle School Dennison Stadium um this would be a grant for the design of that project that could include traffic calming landscape enhancements street parking drainage improvements as well as additional pedestrian infrastructure and the grant agreement would be for $83,200 26 um the design would need to be completed by December 31st of 2026 and we must comply with all federal and state auditing requirements as well as procurement requirements thank you question do you have any idea what this would actually cost when we get through with the I mean is this a 10 three5 million project you have any way of estimating or so I don't have an idea of what this one would cost as of yet since we haven't entered the design portion um recently we had the Avenue C project came in at $2.3 million um so we we've had kind of an array of projects um South Lake Howard came in at 1.4 but we'll be able to give a better estimate of what construction cost would be once we enter the design phase I'm just my I'm just curious have three schools involved if it raises the bar to a certain level uh but I guess until you go through design then you can't really can't it depends more so on what's there you know if you if you've got some sidewalking there and and how you factor that into the design of versus you know expanding what you have versus having to start from zero makes a little bit of difference there those are um and you got a lot of roadway in that in that Corridor as well particularly in the section uh around Grace Lutheran Church and SCH school that I think creates some opportunities where there's less conflict to be mitigated is this typical length or just seems a little long or is this about what we see with these or Avenue K was about I feel this is pretty standard and the length um I don't have the exact link length available to me at this moment um but it seems that we've been submitting projects that are about half a mile in length you know if it's going to take in all of Brigham no it it should take us right up to Brigham at six street so it'll stop at six Street it won't go all the way down to Lake Odus Drive no sir it'll go from First Street all the way to sixth and stop well we may I'm just sitting here we may as a city want to improve That Sidewalk in front of Brigham because that those are sidewalks I used to walk on when I was a kid long time ago so U if we're going to do that we may want to plan it put that in our planning as we as we uh talk about sidewalks that may be a good one that we want to spend our own money on that one yes sir and and for your note we are actively working on improving those sidewalks we have a a map of all of the gaps and areas that we need to actively improve focusing on routes to schools good thank you commissioner danc were those sidewalks uphill both ways when you had to walk them back down in the snow in the absolutely yeah I just to add to you know I mean it's not just these three schools there's a multitude of daycares along this this stretch of roadway uh across from Grace Lutheran on the south side that was an academy I think but now I think if it's maybe it's gone back to being the Early Child Care for great I mean there's just a multitude of child activity on this Stadium as well which is a lot of activity out side of even School use yeah all right commission I entertain a motion Mr Mayor yes motion to approve resolution r- 24-22 thank you I not close the commission meeting open the public hearing anyone wishing to speak to this resolution may do so at this time seeing none I close the uh public hearing reopen the city commission meeting all those in favor of the motion let it be known by saying I I I opposes by the same sign hearing none the resolution passes resolution R 2423 which read by title on the City attorney thank you Mr Mayor resolution r-2 24-23 a resolution confirming the acceptance of improvements infrastructure and dedications in favor of the public city Winter Haven has noted on that certain plat entitled peace Creek Reserve recorded in the office of the clerk of the Circuit Court in for Poke County Florida in plat 197 Pages 5 through 15 public records of pokee County Florida with conditions and authorizing the city manager to release the performance bond posted to guarantee completion of required improvements in infrastructure General location subdivision is generally located west of mlan Road north of old BTO Lake Wales Road and East of the peace pardon me east of the peace Creek Canal thank you thank you s manager mayor Commissioners Eric Labby director of Economic Opportunity Community investment will present this resolution R2 2433 23 sorry mayor Commissioners this is for the release of a subdivision uh bond for the East portion of the peace Creek subdivision on January 23rd 20123 the city commission approved resolution r232 plating the peace Creek Reserve sub subdivision subdivision is 19.7 Acres uh the subdivision contains 553 building lots and nine common Lots uh certain improvements were not complet at the time and so they issued a bond to guaranteeing U completion of the required improvements in the amount of$ 3,981 271 on August 28th 2023 the city commission approved resolution R 2349 accepting improvements on the western portion of the p Creek Reserve subdivision there was a delay in the Eastern portion of the subdivision due to some electrical work that needed to be done um that resolution was approved um it did not reduce the original performance bond in the amount of $3,988 and20 uh $ 3,981 291 on January 22nd 2024 the city commission approved r2407 reducing the amount of that bond to $472,000 192 to cover only those incomplete improvements located east of the peace Creek Canal those improvements are now complete they have been inspected and are ready to be accepted by the city um on March 27th developer submitted a request to release the remaining performance bond there is no Financial impact with this request and staff does recommend the city commission approve resolution r242 3 thank you Commissioners Mr Mayor yes motion to approve R 2423 thank you I will now close the commission meeting open the public hearing anyone wishing to speak to this resolution may do so at this time seeing none I'll close the public hearing we open the city commission meeting all those in favor of the motion let it be known by saying I I opposes by the same sign hearing none the resolution passes all right we have some ordinances uh first reading the uh second reading will be on May 13th uh ordinance 02418 would you read by title on the City attorney thank you Mr Mayor res pardon me ordinance number 0- 24-18 an ordinance amending chapter 21 of the code of ordinances of the city of win Heaven Florida by resoning a portion of the parcel from single family residential small lot r-2 zoning District to multif family residential-low density R-3 zoning District providing for the administrative correction of scers erors repealing all ordinances in Conflict here with providing for severability and providing on effective date the general location the Eastern portion of the parcel generally located east of the intersection of recer Highway and 21st Street Southwest the area covered by this request is 8.8 plus or minus Acres thank you thank you s manager mayor and Commissioners uh again Eric Labby our director of Economic Opportunity and Community investment will provide this item I do know that we do have some representatives from Blue Sky communities here with us this evening as well yes sir Blue Sky communities is the petitioner they request to rezone a portion of a parcel from single family residential small lot R2 zoning District to multif family residential low density R3 zoning uh District the area of the request is 8.8 acres and is currently undeveloped the Western portion of the parcel is designated as commercial Highway C3 the petitioner proposes to develop the property with multif family residential based on the maximum permitted density of 15 units per acre for property zoned R3 and mapped within the central Urban core uh a maximum of 132 units could potentially be developed upon the property this is an increase of 88 units over um what it is currently zoned as R2 uh the surrounding uses include Stonebridge Villas single family attached subdivision that is developed at 10. 6 units per acre and the Stonebridge single family uh detached subdivision to the South CSX railroad tracks to the east vacant property zoned R2 to the north and vacant property zoned C3 to the West uh there is a uh two tables in your fact sheet uh delineating the infrastructure uh putable water sanitary sewer and transportation um there is adequate uh capacity in all uh infrastructure elements to support this uh request at its maximum density uh of course we will uh determine final concurrency at site development approval um the current adopted future land use is traditional neighborhood area uh the requested R3 is consistent with traditional neighborhood area future land use designation all public notifications were met there is no Financial impact with this request and the Planning Commission did hear this on April 2nd 2024 and voted to recommend approval of this request there were three members of the public who spoke um staff does recommend the city commission approve ordinance 02418 um staff stands for any questions and the city manager indicated there are representatives from Blue Sky here as well we will have a second reading on 5113 however if there's anyone that would like to make a comment or ask a question we will enter Ain that now from the audience or from the D I have a question um just a clarification kind of because on spearheading on some of the comments we had at the agenda review does Blue Sky do anything outside of affordable Workforce type housing do they have any projects that are not in that category I would have to defer to the applicant could you give us the name and address for the record please good evening Sean Wilson president of Blue Sky communities with offices at 180 Fountain Parkway North in St Petersburg um to answer the question um no the only kind of development that we do is Workforce SL affordable okay and I know it's about squeezing every kind of dollar that you can on these these properties because every dollar matters but do you ever incorporate any kind of Park structures or you know for the kids of that Community to when they get ready to move in yeah um I mean yes Blue Sky communities does try to incorporate uh recreational amenities at at all of our properties for example one that we have which is just finishing up in the City of Winter Haven has a uh has a separate Clubhouse uh with a the swimming pool and um and the play area and so we do try to um incorporate those amenities right on the property for the residents yes sir okay and I asked that question on on a couple of levels but one specifically and I believe there's still an ordinance in place that you know let's say a less desirable individual cannot reside within so many feet of a playground is that still the case and is that you know a thought process in in putting those playgrounds in these developments well when we put a playground and it's private for our residents only so that's one thing I want to clarify we're not putting in a park that's dedicated to the public yeah I I guess I'm getting that is some if someone has been convicted of of um well now I'm sorry to interrupt um now you're getting into a question of of how does a person apply for and get approved for residency at our properties and I don't have my property management staff here um with me tonight but we do follow very strict protocols that are uh set down by um by both the federal government and the state government on our application processes and I know that we're very uh diligent about following all of those that's the best I can yeah and I'm just getting at protecting our kids so you know my understanding was if there was a playground I I understand that it's private but if there's a playground in existence then someone who's been a convicted child whatever cannot reside in Residence within so many feet or proximity to that playground so that's I don't know the answer to that question I uh commissioner I don't know about blue sky but I do know about the village of lak smart as a convicted felon you would not be approved so they didn't lease to convicted velain and I'm just wondering even outside of that you know if there is you know it still would be outside of that Community I don't mean to go down that path but I mean it's a it's just a curiosity question that I that I had and you know it just seems like all these developments there was a there was a an initiative at one time for all these communities to put in play grounds and parks for that reason and so I just wanted was curious if if Blue Sky had that thought process at all to help you know kind of protect the kids that are out there living in these communities we definitely protect the kids that are living in our communities all right I got first of all let me thank you for what you've done with um the development here in Winter Haven we just love that we thrilled the death that you're considering doing another one and this is more of a uh I I I guess you can answer this question if you end up with this property is it reasonable for us to expect that we'll get phase same kind of development phase two kind of a thing here or would you rather not comment because I'm not I'm not I like what you guys are doing and we appreciate what you've done for our town and we want you to keep doing it but we're just we see something like this I'm just curious if that might be like phase two or something yeah well yeah I mean I don't we haven't received any um any complaints about how uh our Florence place looks that's the name of the development and Center construction so if that's a kind of a product that is um that is acceptable to the city then that's what we would try uh to replicate or improve upon at the new site on recer Highway and that is what we have instructed our we've just really started the site planning process with our civil engineer and we have um instructed him to uh to use the the building Footprints uh from Florence Place as a as a first as a first uh draft if you will and um when we as soon as we get that we'll definitely share with City staff and affordable housing is is re is reasonable for us to expect right that's what could you said that's all you do guys do so correct yes sir okay okay how many how many uh completed facilities or uh places do you have in the area or that you've done uh uh we have two that are completed in Lakeland and one that's under construction in Auburn Dale and then the one that we're just finishing up here in the Winter Haven so that's our uh P County portfolio is that correct that's our P County portfolio and then we have um we have six completed developments in Hillsboro and uh two in Lake County and one in Orange County so uh We've we've got a pretty solid um track record uh in this general area I I've seen the playground this in Florence Place and it looks very nice in fact the the entire place looks exceptional uh I guess one concern I was concerned about the retention uh behind the area uh I'm not sure you know we do have sometimes uh great flooding and I think it was a question about uh whether or not you know that needed to be secured uh for young children um that was one concern but also with management uh how many staff persons would probably be for a size how many persons would you have on site that uh I noticed also that there is a security at least there are cameras uh so not sure how that's managed or whatever whether you can share the information or not just curious uh yes sir um the the security is uh provided through a camera system and on a property like this I mean we would probably have like 40 or 50 cameras uh that are set up alter to record for some certain period of time and there's uh there's a big monitor in the manager's office that constantly captures um all of the images of course they're only looking at the monitor when they're in when the off when the manager is in but it's capturing the images at all time um that's how we handle security and as far as um protecting the retention area from you know accidentally falling in if it's a wet retention area and it seems like it's an safe um spot then we certainly would put up a fence I mean that's um that's something that we would consider I if that's typically how how many staff persons would be oh I'm sorry the other question um we would probably have uh three staff people um which could could go down to two if everything is managed smoothly and especially once we have a few properties in an area then maybe we share some uh some maintenance duties but there would be a full-time property manager a full-time leasing agent and a full-time maintenance uh person and then the leasing agent may go to part-time as as the property stabilizes very good thank you anyone else thank you thank you all right ordinance 0249 would you read by Ty and the City attorney thank you Mr Mayor ordinance number 0 - 24-19 and ordinance amending ordinance 23-24 the 2035 Winter Haven comprehensive plan by amending the sanitary sewer sub element to address septic to sewer conversions repealing all ordinances in Conflict here with providing for the administrative correction of scers Errors providing for severability and providing an effective date thank you thank you city manager mayor Commissioners Eric Labby will provide uh some background on this item and uh I see our water director Gary hubard is present if there's more specific questions you may have on our septic to sewer initiatives and I I would note sir that this is a uh this one is a public hearing it does need to be transmitted to yes we will vote on this one yes sir no you don't want to vote but you have to hold a public hearing Pardon Me is This hold a public hearing it need to be transmitted to this is a transmitter it transmits to Florida Department of corrected then you were correct mayor thank you thank you John I don't see where it yes sir mayor Commissioners during the 2023 Florida legislative session house bill 1379 related to pollutant load reductions was passed and signed into law uh among the requirements of the bill was a requirement for local governments to study the feasibility of converting existing septic systems to sanitary sewer and to address conversion of septic systems within the comprehensive plan uh this ordinance uh addresses uh these elements of House Bill 1379 um we had uh an analysis uh found approximately 14,000 septic systems operating within the city's utility service area um approximately 200 of those only were are within the city limits a majority of them were within the unincorporated area of our utility service system in 2021 the city's utility department engaged right Pierce to develop a septic to Sewer Master Plan this master plan uh serves as the required phib feasibility study for House Bill 137 9 uh presently the 2035 winter having comprehensive plan sanitary sewer subelement contains two specific policies addressing septic to sewer conversions uh to comply with House Bill 1739 staff proposes several modifications to the sanitary sewer subelement to address septic systems the major modifications include adding a second goal addressing on-site septic systems requiring any residential commercial industrial or institutional use located immediately adjacent to or within 200 ft of sanitary sewer pressure or vacuum line to connect to sewer highly restricting the use of new and replacement septic systems requiring any new septic system when necessary to be set back uh a minimum of 150 ft from any Lake high water mark and to be designed in a manner to facilitate connection to sanitary sewer when available um adding the appropriate maps and adding policies to support planning for capital projects there is no Financial impact to the city with this request the Planning Commission did hear this on April 2nd 2024 their regular meeting and unanimously voted to recommend approval of this request there were no public comments staff recommends the city commission approve ordinance 0 2419 in first reading and its transmitt to the Florida Department of Commerce for review thank you Commissioners and a motion Mr Mayor yes motion to approve ordinance 0- 24-24 I think it's 19 no it's 19 I'm sorry 04-19 thank you wife's told me to go to the doctor but I'm not doing it all right we will uh close this commission meeting and open the public hearing anyone wishing to speak to this audience may do so at this time seeing none I'll close the public hearing reopen the city commission meeting is there any discussion all those in favor of the motion to transmit let it be known by saying I I I poses by the same sign all right ordinance 0 2424 would you read by title on the City attorney thank you Mr Mayor ordinance number 0- 24-24 an ordinance of the City of Winter Haven Florida amending ordinance number 0- 23-54 regarding appropriation of funds for defraying expenses of the municipal government of the city Winter Haven for the fiscal year commencing October 1 2023 providing for severability and providing for an effective date thank you thank you C manager mayor and Commissioners uh you may recall within your consent agenda you had an item that pertained to the replacement of the police department's roof so this is a ordinance that is amending our budget ordinance which appropriates funds for the fiscal year the cost of that roof replacement was not budgeted in the current fiscal year estimated cost of replacement is $292,900 due to the robust earnings uh interest earnings that we've experienced the budget amendment to recognize these additional Revenue earnings is projected to offset the cost of that roof replacement so staff's recommending City commission approve ordinance 0 24-24 for advancement to Second reading all right thank you the second reading will be on May 13th all right new business we have none commissioner Leon reports M protim Yates I don't have any uh thing to report this evening but I I wanted to clarify what I was looking for because I I found the right statute it's Florida State Statute 77521 15 that they cannot live within 1,000 ft of a um School Child Care Facility park or playground so it' be great if every Community had a playground so I wanted to clarify that but that's all thanks all right Comm doson uh not much tonight I I was you know able to attend a few things ribbon cutting at the Jade residence and the course CDC banquet which was a great success enjoyed that um and also poke State uh Legacy um Galla in the Gardens that was amazing uh they put on a nice show and uh for great worthy effort that uh they're expanding and seeing some great things happening with Pope State uh also the centennial celebration for the Women's Club uh historic I'm kind of a history buff and uh just enjoyed being there hearing uh songs from 1924 played on one of the one of the old Pig trollis and uh just a lesson in in just culture of the time and uh seeing some of them dressed was uh very very nice uh feeding timea Bay also uh was able to uh we've been a part of that for a few years uh during covid uh you we have some food deserts and you know having available uh Fresh Foods and vegetables and that kind of thing for a lot of people so FY Tampa Bay Central Florida health and United Way Partnerships that they have but also they partner with uh many other entities within our community uh such as as churches and other organizations and uh they decided to have a picnic uh at Martin Luther King Park uh bringing everyone together and uh it was really a wonderful event to come together and see the other people who are working uh uh volunteering and uh I know uh we're one of the sites and have been for the past four years and uh you know pull your car up and you don't have to get out of it and people put a box of groceries in it uh that's a pretty good deal and uh even had some uh fresh watermelons out there this uh this past week so it's just great to see uh Community working together and uh making a difference and I will tell you the lines have not gotten shorter in fact there was a popup yes excuse me on Saturday and uh over 150 people come we have on average at least 250 from the site that we are at so uh it's it's really making a difference and uh with the high cost of food and things that many people are experiencing I'm sure it is a blessing to uh to those who desperately need it and uh those who just simply help uh in their uh better quality of food and that's available to them also today the Public's uh safety oath of office ceremony uh it's great to see so many uh new officers uh young uh you know I just look and uh you know I've been a part of of the you know the uh safety department and working with them uh was instrumental starting uh one of the first chaplain to start the chapy uh the loss of one of our officers many years ago and uh just to see the uh the new officers uh being pinned today it's exciting just to see the growth and uh the need uh also within our fire department as well so that was exciting just to be a part of that all right commissioner d okay um spent this morning at Lake Ashton doing a talk about state of the city address with Bruiser over here he and I tag teamed him and did a good job and uh I wish I could tell you about all the new things Bruce has got coming up but he swore us all the secrecy so but U good good crowd out there at Lake Ashton um I actually went to the ski show this weekend just to see see how it was going it was packed and everybody was uh piled in there where the shade was but the ski show was was uh a good ski show this Saturday um attended poetry night uh went there as a commissioner I didn't read any poetry but I listened to poetry there was they had poetry night believe it or not on on uh at the uh at the U Animal Hospital on dundy road and um there was about 10 of us there so did you say the animal at the anv yeah the emergency room poetry poetry yeah they have a poetry there huh to the h no no no some might call me an animal but no no it was it was fun though it was uh it was an interesting evening and um if you like poetry you you would have enjoyed it so um also attended the Women's Club 100 year and I have I have to admit I did actually have heard one of those songs before that you talked about that was played 1924 so I had heard one of those before also went to the fishing derby this past weekend and I got a hand I got a hand it to to uh whoever put that on Dusen or whoever put that on that is was really a fun event every person I talked to out there was having a ball and I bet there was at least 100 people out there fishing and catching fish and and you know I don't know who actually I didn't stick around for the ceremonies but one guy had a bass that was about that long and he he there was the shortest the longest and the most unusual those were the three prizes and uh those kids were having a good time and if you caught one you went up there and they they had a fake fish he was made out of porcelain or rubber or something they would put him on paper and paint him all up give you like a a painted picture of a fish that looked like you caught it but that was your takeaway so everybody got one of those and I just thought that was a really it was the weather was perfect and everybody out there was having a really good time and the city employees that were there looked like they were having a good time too so um decided to go to Fun and Sun I went over there on behalf of the TDC watched the Blue Angels and um that's always one of my favorite things to do uh also was at the Jade residence open house and there was allot May protim or mayor bertson was there and you were there so we had a good time and boy if we could get a couple more of those in Winter Haven would' be a lot of our homeless situations would get better um Hulk vision board of directors had a zoom meeting on that and worked about half the time and I'm glad to see that we all survived the eclipse that was uh coming down on top of us all last week so congrats that we all made that and with that I'm through all right okay I have a few things um attendant a ribbon cutting for the uh vamar uh aronda holes um and those houses are not affordable that's all I'm going say um attended the uh night of legacy of Pope state the J departments grand opening and was s inducted as a friend of Tri County at a banquet um which was great Tri County um is a great organization and they are actually building uh along with blue sky a project in Arendale that's uh unique very unique and a special project and so we're looking forward to that and with that that's it all right uh City attorney thank you Mr Mayor commission just a brief update on the form six litigation um as you may recall uh the individual in the federal lawsuit the individually elected officials who consented to join that includes the five of you all um there uh there was a hearing today in the Federal ederal Courthouse down in Fort Lauderdale in front of the federal judge assigned on the uh our plaintiff's motion for a preliminary injunction so that hearing took several hours and the court um received argument and and there were some additional filings but as soon as the court issues an order I'll certainly let everyone know what the outcome of that matter is but wanted to let you know that the City of Winter Haven individually elected officials who have consented to be a party to that lawsuit are officially parties to that lawsuit pursuant to an order that the judge signed just before the hearing this morning so um more to come on that but we'll uh we'll keep you posted how many mun how many municipalities I don't know how many municipalities commissioner doson but I believe there's about 170 elected Municipal officials rough numbers that are part of that particular lawsuit so yeah any idea when they're going to make a decision well my understanding is that uh the judge uh allowed the um the state ethics commission to uh submit some supplemental information if they have it um and that the plaintiffs will be permitted to reply to that uh within the next week or so so I imagine once that information is received and the court has the opportunity to review all of that and she will make uh the judge will make a decision one way or the other and uh that will be uh that will be related to you all as soon as I'm I made aware Mr Cole as you may recall with the Weiss serota Law Firm is the is the litigator handling that matter on behalf of all of the various 170 elected officials who are parties to that litigation so he's been very good about keeping us AB breast of matters and things that are happening so we'll keep you posted so if it is favorable only those 170 that's correct would well arguably I I don't know yet that issue did come up um I understand at the hearing today and so that may be a matter that is decided by the judge um one way or the other so don't know the don't know the answer to that yet yes that was an issue that was certainly um you know if you were not part of the plaintiffs um the argument or the theory going in was that it may not apply to those parties that are not those elected officials who are not parties so that's still is yet to be determined and if well appeal would there be an opportunity for that uh or is that possible yeah I I don't want to say for sure on that commissioner doson in terms of whether or not the Court denies the motion for preliminary injunction I don't know if that's an appealable order um if they Grant a preliminary injunction not sure whether that is an appealable order either but I'm sure if there are appeals either side will pursue them to the extent they can I would guess but that's not something I want to speculate on I'll certainly keep you posted as I know more would that be a temporary or permanent what was uh today the hearing was on just a preliminary so a temporary injunction until such time as the uh as the case is heard on a permanent basis but if you get a preliminary injunction the standard for that I you know it's it's more often than not that you get a preliminary go to a permanent than not so um that would be a favorable outcome if you get a preliminary injunction I would think any uh precedence relating to this been established in other states that you're aware of or is this not that I'm aware have any knowledge not that I'm aware of or have knowledge of this evening I mean the argument I think that everyone is that is advocating is that this is a federal constitutional argument and that you're being compelled to give commercial speech that isn't necessary that the law was not tailored sufficiently narrowly that form one is perfectly fine for purposes of what you know what the reasons why the law is in effect and that's um the argument is that form six is just you know intrusive too intrusive and that it's not um it's not narrowly tailored so it's constitutionally infirm so yeah we'll see what the court with the court and that there was very little evidence or information in the legislative process that supported converting from a form one to a form six for the locally elected officials we'll see thank you for your advice in this matter yes thank you that's all I have tonight manager mayor commission just one item for you this evening um next week mayor bird song mayor protim Yates myself Deputy city manager and our director of public affairs and communication will be traveling to Washington DC Katrina do you have the agenda that you can share with the commission just want to give you a this is still being refined you know going to DC is um like going to the grocery store without a list you never know where you're going to end up and what you're going to bring back but um there's a lot of moving things happening in DC right now particularly with uh some of the votes that are going on um we expect that it's going to be a little bit chaotic while we're there but this is the agenda that we have begun to lay out for that trip uh we travel on Monday we'll have a briefing with our lobby team on Monday evening and then get underway on Tuesday you can say see that you have a number of meetings with Congressional members from the pul county area uh Wednesday is visitations with EPA the FAA uh as well as with Congressman Webster uh and um still trying to coordinate some additional meetings with do um to the extent that we can get those squeezed in and then we will return back on Thursday so I just wanted you to have that my understanding is potential for rain on Tuesday and Thursday so please plan accordingly commissioner Yates or mayor pram Yates will be going up a day ahead of us uh the rest of us will be traveling out of City Hall around 11:00 a.m. on Monday which is to clarify I'm taking care of my own loog lodging for Sunday yes I'm paying for that that's all all right assistant man nothing this evening thank you C clerk nothing this evening all right emergency matters that have not been received for the agenda motion to adjin we