City Commission - Regular Meeting

Here. Commissioner Dollison. Here. Commissioner Birdsong.

Here.

Mayor Pro Tem Mercer. Here. And Mayor Yates.

Here. All right. This evening invocation will be led by Pastor David Berry. I'm not seeing Pastor David Berry. Anybody want to pinch hit for Pastor David Berry? You know any good reverends? So if you'll please stand, if able, it'll be followed by the pledge.

Let's pray. Gracious God, our Father, we thank you for the privilege of gathering in this chamber, O God, to do what is right in your sight. Pray, O God, that you will give us wisdom, knowledge, and understanding. We pray, dear Master, for this great city. We thank you for the leadership of our city. We thank you for our staff. We thank you, dear Master, for all the wonderful citizens who make this a wonderful place to live, grow, and play. We ask your blessings on all our proceedings here tonight. May it be pleasing in thy sight. We ask it in the powerful and wonderful name of our Lord and Savior Jesus the Christ. Amen. Amen. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Good evening, Mayor and Commissioners. You have three presentations in the form of proclamations this evening. Our first proclamation is for America 250. And accepting this will be Laura Stokes of the Ponce de Leon chapter of the Daughters of the American Revolution. So if she and members of the DAR would come forward, I'll read the proclamation. Whereas on July 4th, 2026, our nation will commemorate the semi-quincentennial anniversary of the signing of the Declaration of Independence, and whereas the journey towards this historic milestone is an opportunity to reflect on our nation's past, honor the contributions of all Americans, and look ahead to the future generations who will carry forward the ideals of democracy and individual liberty that make the United States a unique nation in the world community. And whereas the great state of Florida played a role in the American Revolution with four battles occurring on Florida's soil, the Battle at Thomas Creek, the Battle at Alligator Creek Bridge, the Siege of Pensacola, and the last naval battle of the American Revolution off the coast of Cape Canaveral. And whereas the National Society Daughters of the American Revolution is a nonpolitical women's service organization established in 1890, whose members are linearly descended from patriots of the American Revolution, And whereas through the President's general leadership, all Daughters are spending the next three years illuminating our legacy by celebrating our nation's rich history and diversity, promoting belonging through membership and dedicated service to God, home, and country, and by completing projects in unique, local, and impactful ways. And whereas from the 250th anniversary of the Boston Tea Party in 2023 until the 250th anniversary of the signing of the Treaty of Paris in 2033, Daughters are celebrating our nation's rich history and diversity of experience by honoring all men and women who achieved American independence. These patriots, believing in the noble cause of liberty, fought valiantly to establish a new nation. Now, therefore, William Bryan Yates, Mayor of the City of Winter Haven, does hereby proclaim July 4th, 2026 as America 250, and calls upon all city residents to observe this commemoration and reaffirm the ideals embraced by the signers of the Declaration of Independence in 1776. And witness whereof he is here unto set his hand and cause the seal of the City of Winter Haven, Florida to be affixed this eighth day of June, 2026, signed William Brian Yates, Mayor, attest Vanessa Castillo, City Clerk. Thank you.

Mayor Yates and members of the Winter Haven Commission, the Ponce de Leon Chapter is honored to accept this America 250 resolution. As a chapter of the Daughters of the American Revolution, we are proud to join Florida and the City of Winter Haven in commemorating the 250th anniversary of our nation's founding. We appreciate the opportunity to reflect on America's history, recognize Florida's unique place in that history, and unite our community in a spirit of patriotism as we approach July 4, 2026. As a part of the America 250 celebration, we invite you to join our chapter in downtown Central Park in Winter Haven near the water fountain on July 8, 2026 at 6 p.m., There we will join organizations around the world in a simultaneous public reading of the Declaration of Independence to commemorate the 250th anniversary of its first public reading. Thank you.

Thank you.

One more. Perfect.

Mayor and Commissioners, our second proclamation this evening is for Juneteenth Day. I believe Tammy Herron and Cameron Pittman that I see is here, if they want to come forward with members of the committee to accept this proclamation on their behalf. Our proclamation reads as follows. Whereas Juneteenth, also known as Freedom Day or Emancipation Day, commemorates the emancipation of enslaved African Americans in the United States. And whereas on June 19, 1865, Union soldiers led by Major General Gordon Granger arrived in Galveston, Texas to announce the end of the Civil War and proclaim that all enslaved individuals were henceforth free. And whereas, although President Abraham Lincoln issued the Emancipation Proclamation on January 1st of 1863, many enslaved individuals in remote areas remained unaware of their freedom until Union forces arrived. And whereas celebrating Juneteenth honors the resilience of the African American community and renews our collective commitment to justice, inclusion, and unity. And whereas the 2026 Juneteenth Celebration Committee, in partnership with city staff, has worked to highlight African American heritage through a modern celebration that educates, engages, and inspires the community. And whereas on Saturday, June 20th of 2026, the City of Winter Haven will host its annual Juneteenth celebration at the Winter Haven Recreation and Cultural Center to mark this important historic event and bring together families, residents, and local officials to promote education, entertainment, and an inclusive community. Now, therefore, William Brian Yates, Mayor of the City of Winter Haven, Florida, does hereby proclaim June 19th, 2026, as Juneteenth Day in the City of Winter Haven and encourages the entire Winter Haven community to engage in the celebration of history and pride. In witness whereof, he is here to set his hand and cause the seal of the City of Winter Haven, Florida, to be affixed this eighth day of June, 2026. Signed, William Brian Yates, Mayor. Attest, Vanessa Castillo, City Clerk. Thank you. And before I turn it over, I also want to point out that we have two additional attendees with us this evening, Anaya Laster and Jayden Blocker, who were recipients of scholarships as part of the Juneteenth committee and program. So I want to congratulate them as well.

Good evening, Mayor, Commissioner, city staff, and community. On behalf of the Juneteenth Planning Committee, thank you for allowing us to be here today and supporting this year's Juneteenth celebration. Juneteenth is an important day in our nation's history. It reminds us of the day when enslaved African Americans learned that they were free. it is time to remember the past celebrate freedom and come together as a community we are grateful for the city support and we trust you place our community to help plan this special event each year we work hard to create a celebration that is welcoming educational but most of all fun for everyone this year's event will include music food, vendors, activities for children and families, and opportunities to learn more about the history and meaning of Juneteenth. We hope it will bring people together and help us celebrate the many cultures and traditions that make our community strong. We would like to invite all of you and the residents of Winter Haven to join us on Saturday, June 20th, from 11 a.m. to 4 p.m. at the Winter Haven Recreational Cultural Center. Thank you again for your support, for recognizing the importance of Juneteenth, and for helping make this celebration possible. We look forward to celebrating with you. Also, yesterday's legacy is today's hope, which is tomorrow's hope. With us, we also have, and we would like to recognize two special individuals, which their names were already mentioned. This year's 2026 Juneteenth Scholarship, they won an amount of $500 each to be applied to their fund for their higher education. At this time, we would like for them to introduce themselves, telling us a little bit about themselves, of where they graduated from, and where they will be continuing their education and what they'll be majoring in. And if you can, please give them a hand one more time before they speak. Thank you.

Good evening, everyone. My name is Aniyah Laster. I graduated recently from Winter Haven High School. I will be attending Bethune-Cookman University very soon for psychology.

Hello, everybody. My name is Jayden. I graduated from Auburndale, and I'm going to Ray Sutton College to be an electrician.

And while they're taking the podium, I'd like for everyone to take a historical note of Jaden is the great nephew of former attorney Larry Hardaway, who's deceased now. He was the first black city attorney for the city of Winter Haven, and so far the only one. So as we remember Juneteenth, let's remember Mr. Hardaway, his contributions, and honor his legacy.

Right here on the count of three.

One, two, three. Do another one.

One more.

Good evening, Mayor and City Commissioners. Our next proclamation this evening is for Waste and Recycling Workers Week, and Clyde Carson, our Solid Waste Superintendent, and members of his team, much of his team starts very early in the morning, so some of them are here with us this evening. So, whereas the nation celebrates the week of June 15, 2026 as National Waste and Recycling Workers Week, And whereas the City of Winter Haven has depended on solid waste service providers to keep the city clean and free of debris for over 100 years. And whereas the City of Winter Haven's hardworking waste and recycling professionals service over 21,000 residential homes and 1,600 commercial businesses per week. And whereas the City of Winter Haven solid waste service providers impact over 50,000 residents, indicating a healthy and continually growing city. And whereas the City of Winter Haven values and celebrates our solid waste employees for their service to our community and commitment to our residents and businesses. Now, therefore, William Brian Yates, Mayor of the City of Winter Haven, Florida, does hereby proclaim the week of June 15, 2026 as Waste and Recycling Workers Week in the City of Winter Haven and urges all citizens to support efforts and extends sincere gratitude to all of the City of Winter Haven's waste and recycling professionals. In witness whereof, he is herein to set his hand and cause the seal of the City of Winter Haven, Florida to be affixed this 8th day of June, 2026. Signed, William Brian Yates, Mayor. Attest, Vanessa Castillo, City Clerk.

Mayor, City Commissioner, City Staff, on behalf of the Solid Waste Team, we would just like to say thank you for your continued support of our efforts. Many of the guys are still out on route collection, and the ones from the earlier, they probably went home and getting rested up for tomorrow. But we would like to say thank you, and we appreciate you for all that you do for us. Thank you.

Okay, thank you for those presentations. Developments of note, we have none, no minutes to review. Comments from the audience, we do have four individuals who have signed up. If you wish to speak to a specific item, when I call your name, just let me know which item you'd like to speak to and then we'll hold your comments until that time. However, if you have any general comments or just want to say hello, you have five minutes to do so.

first one is that jesse skidmore you give your name and address you have five minutes good evening mayor commissioners my name is jesse skidman i live at ten lake lake drive i'm here this evening to ask that you consider a charter review i feel as if the last several meetings especially the cra there's been a lot of policy questions and concerns And I think a charter review would be able to address a lot of the policy concerns that have recently come up. And I know that Commissioner Davis had asked about looking into the salary for the commissioners. That's something that could be looked at. The application process for committees can be looked at in the charter review. I think it's appropriate, especially with the new taxes that they are that they're talking about, the property tax. I think some things could possibly be discussed in that as well. But I think it is important to look at a lot of the policies, and it's come up in many of the recent meetings. So I just ask that you maybe consider it, talk about it, and if you form a committee, I would like to sit on it, please. Thank you.

Thank you. City staff, I can't remember, when is our next?

We did a last charter review, it was in 2017, and the next one is due in 2030. Siri may think otherwise.

I guess so. Say that again. I'm sorry.

So last charter review was in 2017, and then part of that charter review was that they would be done every 10 years with the next one occurring in 2030. Okay.

So three years away, four years away. Would property taxes potentially – Warrant that to happen any sooner if that were to be successful on the ballot in November.

I don't know that I can define on that this evening. I can tell you that some of the policies and matters pertaining to compensation for commissioners, that's an ordinance that's defined to occur by ordinance within the charter calls for that. So that's the means for doing that. the last charter review i'm trying to remember mayor even what came out of that one i know there were some times that we took to the uh... the voters for their consideration is about term limits was one uh... but will we can pull the charter review report and provide that to you all okay next up we have vacuum it mclaughlin

I think you have five minutes. If you'll state your name and address for the record.

Thank you. My name is Becky McLaughlin. I'm representing the citrus tea news. Um, just sent an email out yesterday to all of the commissioners in our County and the municipalities, because we have, um, I'm coming from the education sector. I've been an educator for the last 10 years. Um, I live in Lake Alfred and, um, you know, stepping out of education and, and doing something new that I feel is a real community need. And that is for information and for our public to be informed. After I've talked to lots and lots of residents around Polk County and different areas, and the thing that we hear overwhelmingly is that most of them get their news from Facebook or other social media, which is a challenge because you hear a lot of complaints. There's a lot of loud voices there, but they're not where the voices can truly be heard to make a difference because they're locked in membership of, you know, if you're part of this group or that group. What they also said was that Many people, what we see in those posts is booking reports, traffic accidents, scandals. Not a lot of news that really truly covers Polk County and who we really are as a community. Highlighting a lot of the great things that are happening among the cities, proclamations like the Juneteenth that we've just witnessed today, and other great things that are happening across the county. Because the information gets locked into the Facebook or and if you're not following 200 groups, which I am finding out You just are not as informed as you maybe you want to be and so we've started this new publication It's going to be free to all Subscribers because I believe that information should be free it should be unbiased and it should be informing people so that they can decide and it's been a long time in the history even of our whole country and since we've had news that let people decide what to think about the information instead of telling us how to think. And I came from Seattle, and then I moved here to Polk County. And so I've seen both sides of where Polk County tends to be a little bit more conservative. Seattle is much more liberal. And what I've learned as an educator and just as growing into my adulthood is that if we remove the labels, we find out that we have a lot more common ground than we would if we put those labels attached. And so we're here just to provide really a community service to our residents to be able to inform them about what's going on in places like Mulberry. in places like Kathleen in the unincorporated areas. I heard from a resident just, um, over the weekend that said, you know, my city is in, uh, I pay for city water in Auburndale. I live in unincorporated Polk County. I have no voice for what's happening in my community, which is Auburndale for them. Um, because of, you know, the challenges that we have, uh, two to 300, maybe more by now, um, residents living in unincorporated Polk County, and they don't know where or how necessarily to have a voice. There are some. Many of them showed up here today, and they know how to have a voice. But there are so many residents that don't know how to have that voice and to put it in the appropriate place. And so I would love to partner with you if you can put me in touch with your media person so that we can get that news to our community.

And I would love it. Thank you.

But I'm just here to partner. One of my biggest things is we're not here to smear anybody or whatever because, like I said, there's a lot of loud voices in Polk County, but we're here to present information and let the people decide, and I hope that you'll join us with that. It's called the Citrus Tea, thecitrastea.com, and I have some cards for you guys, and our media person will get that. You can subscribe on there. Like I said, it's free, and we just want to get the information out to the community. Once an educator, always an educator. So thank you very much.

Thank you. Next up, we have Steve Miller. You have five minutes. State your name and address.

Perfect. Steve Miller, Polk County Builders Association, 2232 Heritage Drive, Lakeland, Florida. Full disclosure, I am president of the current year of the Polk County Builders Association, first and foremost, before I... Tell you about myself. Thank you for what you guys do on a daily basis. I just want to say I have a pleasure of getting to go around and end up seeing a lot of commissioner meetings. What I saw here tonight was genuinely positive and uplifting. You have engaged citizens, and that is a rarity and the backbone by which our republic survives is engagement. So thank you guys for what you continue to do. um that being said four minutes and 20 seconds i'm before you here today asking for genuine help hopefully my request is some of the most low easy fruit to get done but as a builder association and then on top of that as a representative highland homes just to be completely open and transparent we are building inside the city of winter haven and particularly with that many of the association members are building inside the city of winter haven's utility departments My coming before you tonight is to simply address that we have received feedback both from the association and personal testimony to Highland Homes that there seems to be a breakdown in the relationship from the water utility department, particularly in meter setting. And what we're seeing is that the expectations that are laid out from us from some of the most longstanding and upstanding employees you guys have. Maribel at the water department, I've been with the company 13 years for at least 11 of them. I couldn't get anything done in the water department without Maribel. I will say my words, not hers in any way, that you can see that there's obviously some sort of frustration, breakdown, something there that's preventing them to be successful in meeting the expectations they set. As a result of that, you have private businesses that are going well into construction without meterable water. And what that means is that, one, it's an additional cost to the builders, which impacts the affordable housing prices. That is a hardship. Affordability is relative, whether you're buying a $700,000 or a $300,000 house or $100,000. Affordability is a budget-type item. But in addition to that, following up with it is beginning to wear down the very relationships by which we achieve. And with two minutes and 45 seconds left in my time, I just want to ask is, is there any way that you guys in your leadership positions to maybe poke and prod some people who are not really willing to respond to communication and leadership roles over in the water department to get them to engage back with the builders so that we can write the ship and continue doing what we do great, which is build relationships and communities alike.

We'll have a representative get with you here this evening. exchange information, and we'll go from there.

That is absolutely amazing. Thank you for your time.

Thank you. Okay, next up, Sean Miller. Is that right? Name and address? You have five minutes.

Hi, Sean Miller. You guys may be wondering why there's two Millers here tonight, but there is no relation. We live at different addresses. But I would like to forego my time. No need to speak on it. I think we're going to get the help that we need. I do appreciate everything that you guys are doing for us. So thank you. Thank you.

I have a comment. Yes. Before, when we had the building explosion, we tried to preset meters, go into a development. We set the meters first, and then they had to connect to those meters. Just as a suggestion, you might look in how successful that was. I know it was massive at one time before the downturn before. I don't know if there's anybody around now that you could ask about that. I don't remember. I know we were going crazy trying to get preset meters for developments, but it might be a solution.

Thank you. Okay. We don't have anyone else signed up. However, if you would like to address the commission, now is your opportunity.

Anyone else from the public?

Yes, ma'am. You have five minutes if you'll give us your name and address for the record.

I might need more than five minutes.

I might give it 30 minutes.

Good afternoon. I'm Ernestine Davis. I live 3375 South Avenue. I came to speak to let the commissioners know that we have children who need food. They are hungry. They school out. You all know that we have a problem, influenza or drug problems. In school hours, our kids don't get food like they should. They have... They eat at school in the morning, and most that they get when they get back to school. So the city, we not last year, we asked the city for a grant for the program for the summer where the family don't have to pay it. to go to the program. So this goes on and on and on. And we know every year we have to come and talk about a grant for our kids. And we know that we have the project, the project's the Influence Villa. We have a drug problem. So we need a grant where those kids can go to the center. So you all need to look at that in a hurry and do something about it. That's what we need to do. And the community who listen on whatever that you all have, you all need to help. Thank you.

Thank you.

Anyone else wish to speak?

All right. Seeing none, we'll move forward. We don't have any ordinance second readings this evening. However, we do have a full consent agenda. Commissioners?

Mr. Mayor? Yes. Move approval of the consent agenda in its entirety. Thank you.

Commissioners, any questions or discussion on this item? Seeing none, I'm going to have to wing it. Somebody took my notes. That's not the notes I was looking for. All right. Motion's been made. We'll close the commission meeting, open the public hearing. Anyone wish to speak to any item on the consent agenda? Seeing none, we'll close the public hearing, reopen the commission meeting. Any further discussion? All those in favor signify by saying aye. Aye. Opposed, like sign. Motion carries. All right, and we've got two resolutions to review. We'll start with R26-16, City Attorney. Thank you, Mr. Mayor.

Let me read that title for you. Resolution R-26-16, a resolution of the City Commission of the City of Winter Haven, Florida, affirmatively accepting the conveyance of that certain non-exclusive utility easement from the Gates of Lake Region Homeowners Association, Inc., a Florida not-for-profit corporation, to the City of Winter Haven, Florida, as more particularly described in The non-exclusive utility has been executed by the Gates of Lake Region Homeowners Association, Inc. to the City of Winter Haven, Florida, and recorded on April 30, 2026 in Official Records Book 13977, page 2296, Public Records of Polk County, Florida, and providing for an effective date. Thank you.

Thank you. City Manager?

Thank you, Mr. Mayor. I understand there was a lengthy discussion on this, certainly mostly in the details provided by the city attorney during Wednesday's agenda review, but just to recap that we had entered into a settlement agreement with the Gates of Lake Region Homeowners Association that was tied primarily back to a matter involving the electric utility payments associated with a lift station from when that Subdivision was first constructed in the 1990s and we were able to reach settlement on that whereby the city rightfully took on the utility costs associated with a lift station that we own and operate. However, in the process of doing all that, one of the things that we identified was that there was never an easement provided to the city or in favor of the city with respect to the municipal utility infrastructure that exists within that subdivision. uh... so is part of the settlement agreement they uh... the gates of lake region homeowners association did deliver a non-exclusive utility easement to the city uh... that was recorded in april of this year in the official record books of polk county florida and for the proposed resolution are twenty six sixteen formally accepts that non-exclusive utilities easement from the gates of lake region homeowners association inc There's no financial impact associated with the passage of the resolution adopting or accepting the non-exclusive utility easement. And staff recommends the City Commission approve Resolution R2616 and authorize and or ratify any actions taken or to be taken by the city manager or designee related to this matter. Thank you. Thank you.

City Commission? Mr. Behr? Yes. Move approval of resolution R2616.

Okay. Motion has been made. We'll close the commission meeting, open a public hearing. Anyone wish to speak to this item? Seeing none, we'll close the public hearing, reopen the city commission meeting. Any further questions or discussion on this item? Seeing none, all those in favor signify by saying aye. Aye. Opposed, like sign. Motion carries. Resolution R-26-18, City Attorney.

Thank you, Mr. Mayor. Resolution R-26-18, a resolution of the City Commission of the City of Winter Haven, Florida, adopting a capital asset policy to establish guidelines for the identification, capitalization, recording, depreciation, safeguarding, and disposal of capital assets, providing for severability, the administrative correction of scrivener's errors, and providing for an effective date. Thank you. Thank you, City Manager.

Mr. Mayor and Commissioners, if it would please you, I'd like for Chris Reeder, our Chief Financial Officer, to present on this item this evening.

Good evening, Mayor and Commissioners. The issuance and management of capital assets is an important component of the city's financial strategy. A clear and comprehensive capital asset policy promotes consistent financial reporting and compliance with accounting standards, strong internal controls and stewardship over public assets, accurate reporting of the city's capital investments, standardized capitalization and depreciation practices, accountability for the safeguarding and management of the city-owned assets. The policy will apply to all city departments, offices, boards, and acquires that, excuse me, agencies that acquire, use, manage, and dispose of capital assets regardless of their funding source. Some of the key provisions that we've implemented with this capital asset policy is the capital asset threshold, setting it at $10,000, asset categories, depreciation standards, asset tagging and inventory, transfers and disposals, internal controls, and then the financial reporting and audit compliance. Overall, there's no financial impact associated with the adoption of the resolution, and staff does recommend the City Commission approve the Resolution R2618, establishing the City of Winter Haven's capital asset policy, and authorize the City Manager or Designee to take any further action there.

Thank you. City Commissioners?

Mr. Mayor? Yes. Motion to approve Resolution R2618.

Okay, mission's been made. We'll close the commission meeting, open the public hearing. Anyone wish to speak to this item? Seeing none, we'll close the public hearing, reopen the city commission meeting. Commissioners, any other questions or comments on this item? Seeing none, all those in favor signify by saying aye. Aye. Opposed, like sign. Motion carries. We've got no new business, so we'll move forward with liaison reports. Commissioner Birdsong.

All right, thank you. I only have one item, and that was I was the commission liaison to the ward administration facility interviews where we interviewed, they interviewed three contractors. for the water treatment facility out on Buck Island Road. Very, very, very interesting. Great presentations by the companies and man, the building that is going to be built is really going to be something special, so.

And that item has been posted with a recommendation to come before the city commission, so it is in its protest period until, I believe, midday Wednesday.

All right, that's it. Commissioner Davis? All right, it's been a light couple of weeks, but I was a guest speaker at the Polk Visions Youth Leadership. They had me and also school board member Justin Sharpless present to the students on advocacy and then had us judge group project on how to advocate so that was a lot of fun I also was liaison for the Planning Commission last week and there were two special use requests one was approved one was denied I'm not sure if the seven days you have an update on that we do so we have received a request for a de novo hearing on the item that was voted down by the Planning Commission and

see attorney do you want to give any guidance to the commission on procedures from this point forward yeah more to come on that um there are some provisions in our code that address the an applicant's ability as the city manager noted they had seven days from i believe the meeting was held on june third tuesday whatever that whatever date that was um and so they have timely requests i think the application came in today um and so you will be hearing from the city staff there will be we're required to have this de novo hearing within 60 days of the date that the planning commission took its action so that and we'll have to notice the meeting in the same manner as the planning commission meeting um and there are certain things that the city commit we've done this before um i'm not sure if all of you have were sitting on the commission at the time we've had a de novo hearing um but you are permitted to ask for briefs we're permitted to set hearing dates but we will get more information to you as we coordinate that with the applicant and the city commission's calendar. But I would probably suggest that we're looking at a de novo hearing probably in July sometime, month of July, subject to the city manager and I having had a chance to discuss it and the mayor and commission. Probably might be a good idea to have a special meeting just to consider the de novo hearing request. perhaps rather than having it in one of your regular meetings in July, again, depending on schedules and calendars, or coordinating it in conjunction with an agenda review, possibly, we'll see. But more to come on that. It involves a large-scale drinking establishment, and there will be information that will be able to be presented to you all, and you all will then have an opportunity to take a fresh look at the application And so more information on that will be forthcoming. It is a quasi-judicial matter that will come before this body, so I would encourage you not to have any conversations with the applicant if they ask for them. Tell them politely that they should present any information they wish for you to hear at the hearing. the public hearing at which you will be considering these matters or provide it to staff so that it can be submitted in conjunction with any materials that might be provided to the commission in advance of such a quasi-judicial hearing. And so general principles of when you deal with the matter, you all will be the judges of this matter as it pertains to this particular parcel. So I would suggest that you refrain if someone tries to approach you about it that is related to the applicant to, again, suggest that they not speak to you about it outside the course and scope of the noticed public hearing. If you should be approached by it, please disclose it so that we can then cure any opportunity for ex parte what they call communications. That's mainly to provide fairness and to provide an opportunity for there to be a level playing field by the applicant for their relief that they're requesting and to insulate you all as the judges in making that decision.

Along those lines, other parties that are not the applicant, that may have an opinion or even be affected by it, would they also be considered ex parte communications?

I would say other than staff, then yes. So I would suggest that you try to limit your interaction with individuals that have opinions on that. Again, if they have an opinion, have them come to the hearing and express those at the hearing. Because I think that's the important part, is to have it at the public hearing. And, again, getting back to the fairness to the applicant so that they have an opportunity to hear if there's opposition to it, that they can rebut it or they can address it if they can. So, yeah, I would say that would apply not just to the applicant but to anyone. Very good. Other than staff and, of course, me, the attorney.

In that case, I have nothing else to add for the Planning Commission. And then the last thing I just want to mention, you know, we have before our next meeting, we have Father's Day coming up in a couple weeks. And I know there's been sort of a nationwide movement towards, you know, Father's Day initiatives. And so I just wanted to support that and say happy Father's Day to all the fathers in the room.

Commissioner Dawson? Yes, a question. I guess you're speaking to the appeals that we've heard.

Mm-hmm, mm-hmm.

Because I was actually contacted by someone concerning that. Not the owner, but a person who actually, I guess, has operated the establishment. Okay.

Yeah, I would refrain from having any further conversations with individuals.

I did speak with Eric, and he did share that with me as well, and pretty much left it as such and told him as much as that is a staff matter that it would be under review and whatever they bring forward, because he did indicate challenges that could exist as relates to our role in having to make a decision. I just want to forward disclosure.

Sure. I would encourage you, if you have individuals that wish to impart information or provide your information, encourage them to come to the meeting during which you're going to make the decision so they can share that information with everyone on the record.

And for the public, this is not a common proceeding. No. My understanding is this is the second time we've done this in quite some time. Correct. So there is probably going to be a lot of questions from us trying to figure out how this works, but I think the play is safe. We don't talk to any party about it and refer them to come to the public hearing.

And as it just came in today, the request, it's timely, and we'll be, as I said, I'll be getting it from the city manager and we'll be providing information to the commission.

Mr. Mayor, I was able to zoom in on the AHAC mandatory training. And I thank AJ for keeping me reminded on that. Appreciate you for that. And then also for the AHAC meeting itself, I was able to attend. And also today, I decided to walk through the Recreation Cultural Center today. the oldest birdsong basketball camp is going on right now. And so he actually invited me to come and speak to the afternoon group. And so I have a few words to share with them as a commissioner, but also as a citizen. And just appreciation for the space, which is great to see him holding a basketball camp in a gymnasium that actually honors his name for the work that he has done through sport. And we all know that the game is on tonight. I don't know who you're pulling for, but may the best team win. But that's all I have.

Mayor Pertz and Mercer.

Yes. I attended the Coastal Heartland National Estuary Program, And Winter Haven did receive a grant for the sediment activation on Lake Idle. So that was the big meeting. That's the only one that, I think I attended another meeting, but I didn't write it down. But I was gonna bring back a lot more information so you guys could have the whole spill, but I'll save you that because I left it in the car.

all right uh so i was on a family vacation last week and it's amazing you can now be on a cruise ship and attend a city commission meeting so we uh i jumped on and i was you know wanted to be a part of this one just miss you guys so much So I wanted to be part of agenda review.

That was you, me, and three other people online that night.

That's kind of what I figured. I wasn't sure who the third was, but I knew you and me were probably two. Mayor Pro Tem Mercer did an excellent job. Thank you for filling in in my absence. But family appreciated me being a part of the family vacation for the most part. So... A lot happened last week. I leave for one week, and property taxes ended up on the ballot coming up. So I had a lot of time to kind of think about what was at stake and what was coming up and what our role is going forward in these discussions and what happens. And one of the things I kind of thought about was, And I guess I'll lean towards staff, whether this is the right approach or not. I kind of would like to have some workshops on where we are property tax wise. I know we've got budget meetings here starting to come up here in the next couple of months. And I'm not looking to publicly display one way or the other on what way someone should vote. But I just kind of want to be more educated on if the voters deem that this be the right path, what are the steps i want to be ready for those steps and i want to have some some discussions and thoughts and ideas because if if the voters deem that this is the right path then that that clock is going to get real short real fast on decisions that we need to make up here um So I guess let me lead with that thought, and I'll follow up with another question, perhaps.

So I can give you an update on my week of last week now, or I can save it until my portion of the agenda as it pertains to property tax. Your preference, sir.

Well, I'm kind of asking in the discussion now, so not to steal your thunder for later. So...

The governor called for special session F last Monday and Tuesday in Tallahassee. I traveled to Tallahassee early Monday morning. And we'll prepare a travel fact sheet for the commission to approve post the travel on that one. had an opportunity to testify two separate committee meetings that day in the Senate Appropriations Committee as well as in the House State Affairs Committee. Very interesting dialogue and deliberations in both of those. I'll tell you, the the Senate's Appropriations Committee began at 3 p.m. and it ended at 9 p.m., and they had two items to consider, both pertaining to property tax. The way that the bill, the joint resolutions came forward initially addressed or included a few unique elements. First, they didn't just pertain to municipal or county ad valorem property taxes, but they also initially included ad valorem property taxes for homesteaded properties that are paid to school districts. That was subsequently removed by an amendment in both resolutions in the House and in the Senate. Both included initially discussion of a trust fund that would be used to backfill or provide some financial support to counties, municipalities, special districts, the like. There was not a funding mechanism for associated with that, or defined in any way, that trust fund was removed from both joint resolutions. There was also language within both that basically took what is present day an unrestricted revenue in ad valorem property taxes and made it a restricted revenue in such that those dollars could only be used for very specific things. That was also amended because some of the things that it did not allow for was funding of constitutional offices, supervisor of elections, property appraiser, tax collector, clerk of the court, and such. That language was modified significantly that still provides some restrictions, but the way that it's worded, any approved expenditures by a municipal or county elected body would be authorized as a viable use or an approved use of property tax revenue. So those were like the big amendments within it so as it stands today It does not include schools. It does include cities counties special districts water management districts There is not a trust fund So any backfilling of shortfalls and revenues would be handled through the current appropriations process uh... and it does not restrict the use of those revenues is originally discussed some other unique things about the property tax discussions There were a number of amendments offered up by our state legislators that were certainly those that I just mentioned that were voted up. Some that were voted down included consideration of a sunset clause. I think in the House they were requesting a three-year sunset clause. In the Senate, a five-year sunset clause. Not knowing what the full impacts of property tax reform would be, it was an effort to Let's go through the process. If it's approved, have a means to come back and make adjustments or amendments as need be versus just putting this into the Constitution until end of days. That was voted down. There was a number of exemptions that were proposed as separate amendments tied to protecting public safety, special consideration for seniors, for child service organizations, and for veterans. Those were all voted down. There was a request in both the House and Senate to amend the joint resolution. The ballot language that is proposed within it was... is proposed did not align with how the the bill or the resolutions were amended so the ballot language still spoke to schools and still spoke to a trust fund however that was not accepted either as an amendment it was voted down so there's some i think some potential challenges out there on the ballot itself the language that's the next step is that the Department of State has to receive that ballot language and go through the approval process in order for it to be placed on the ballot. The dialogue that took place within those committees, and I'm just reporting back the facts as I observed them, a lot of questions about the scoring of the joint resolution by a revenue estimating conference. There is no scoring. There has not been any analysis of this in terms of a financial impact to accompany the joint resolution. analysis that projected upwards of about an eight billion dollar impact. But beyond that there's not really an analysis and I did not get the sense that there would be an analysis in the immediate future on this as to what the financial impact is going to be. There was some discussion about When you have cuts that would happen in revenues coming in, some of the bills that were considered leading into the regular legislative session and then the three bills that were considered during the regular session talked about really safeguarding public safety, that those could not be touched in any way in terms of reductions. That language is no longer in there. There is some other legislation that was enacted, John, I think it was 2022, that does put some safety nets around public safety, but it does not hold necessarily the exact dollars that's being funded today. And, again, questions that came up specific to that really came back to if there's a – an agent jurisdiction that doesn't have the funds to provide this they would have to pursue state assistance through the appropriations request process that is in play today we looked at what the estimated impact would be to winter haven based upon a two hundred and fifty thousand dollar uh... homesteaded property exemption our estimates based off of data we have from the polk county property appraiser is it would be about a $10.4 million impact. Just to refresh your memories from my budget presentations, the city takes in roughly $31.5 million in all ad valorem property taxes. So that's homesteaded and non-homesteaded residential and non-residential properties. So that accounts to a loss of about 32% of the ad valorem property revenues coming in. The other roughly 68% is commercial properties, rental properties, those that are not homesteaded. About 92% of the homesteaded residential properties in Winter Haven would pay zero to the city with a $250,000 exemption. so you have about eight percent of your residential homestead properties that would be covering you know contributing ninety two percent that would not in terms of the general fund we have about a seventy nine million dollar general fund uh... again thirty one point five million of that comes from property taxes ten point four million dollar revenue loss would be about twelve plus percent impact general That creates some challenges, and we'll have to navigate what that would look like. uh... i don't have the number off the top my head as to what it would be in year one so this is a step up uh... exemption legislative measures seven year one it would increase the homestead property exemption from the maximum of fifty thousand that it is today not including any additional considerations for special needs or widows of law enforcement and some of those that are out there. But going, I don't know what it would be going from 50 to 100,000. MJ just handed me a note, says it's about 8.6 million. So that would be year one. Thank you. And then it would jump to 250,000 the year after that. So that's really what we're looking at today. happy to, you know, engage in a workshop and that's probably a wise approach to doing so. The, it's, this wouldn't take effect really, it wouldn't have its impact until the fiscal year 27-28 budget. However, I think we have to be extremely mindful of what we do with a fiscal year 26-27 budget, not knowing how Florida voters would favor or disfavor that measure. And I say that because as I look at presenting to you a budget, whatever I include for next year, I don't want to put something in there only to turn around and have to take it away the following year. And that's impactful. We continue to grow as a community, not necessarily at the same pace we did over the past five years, but as we grow and we look at what our needs are within law enforcement, within fire rescue, within maintaining our infrastructure, our parks, our streets. As the community grows, the need for the staff to maintain that also increases, yet our ability to increase that. I'm very reluctant to do that right now because I don't want to welcome on half a dozen new employees only to turn around a year later and say, I can't keep you. So we're going to have to make some, I think, some very strategic decisions on how we approach the budget. I've told my staff, city attorney, those that I've engaged in conversation that have had questions about this, it's not a Winter Haven issue. This is a statewide, you know, conundrum to address. 411 cities, 67 counties, a number of special districts, water management districts fall within that. So I heard a number from the county of what the impact would be to Polk County, and it's multiples of millions of dollars i want to say in excess of somewhere around fifty plus million dollars to the county budget the water management district certainly will would feel a significant impact and have to to navigate that special districts the one that is most impactful to us would be the lake region lakes management district or the canal commission There was a number of, and I shared this with Chief Newbrand and my staff this morning, in those committee hearings, a number of fire chiefs from around the state who spoke on this. Florida has a pretty significant number of special districts for fire. And those would be also impacted without a means to recover through additional fees or charges to make up the difference there. But it certainly would be a challenge to maintain the level of service that we have today. The alternatives in the loss of that revenue really come down to where can you make up or find new revenue through fees and charges. And those are a delicate balance because the higher the fee for programs and services, you can also lower the participation for those. And there's a very delicate balance that you have to address there. certainly the ability to increase millage on your non-exempted properties comes into play uh... that becomes a means to make that up but same time that puts a very significant burden back on others that on your business community on your renters those that are struggling as it is with with rents being what they are so that's where it stands today i think that Another piece of that workshop that needs to be discussed is what we can and cannot do with respect to communication. These forums are fine. Town halls, public meetings, responding to citizen inquiries and the like. We cannot, as an organization, expend dollars to do mailers or campaigns tied to a ballot measure. You all can certainly have opinions. That is clearly within the state statutes, within... Floor Statute 106.113 very clearly says that it does not preclude an elected official of the local government from expressing an opinion on any issue at any time.

Other than as set forth in Subsection 2.

Right. So there is a qualifier in there that's very important, I think. So, you know, we, I think what we have to do is make sure we're communicating the facts. with our budget works i think we've done a good job of that over the past uh... several years this is where the money comes from this is what it goes to and i'll answer any additional questions you may have at this time yeah i think what was the qualifier within section two the main thing that section one of six point one three states is a local government or person acting on behalf of the local government may not expand or authorized the expenditure of public funds for a political advertisements or any other communication sent to electors concerning an issue referendum or amendment uh... the subsection applies to a communication initiated by a local government or person person acting on behalf of the local government irrespective of whether the communication is limited to factual information or advocates for the passage or defeat of the issue. It does not preclude a local government from posting factual information on a government website or in printed materials, hosting and providing information at a public forum, providing factual information in response to an inquiry, or providing information as otherwise authorized or required by law. I think in the simplest terms, and the attorneys can certainly weigh in on this, you can't produce and do direct mailings and those types of things. But factual information posted to a social media account that is managed by the city, posted to a website, is allowed per my interpretation of this and based on what I've received from the Florida League of Cities as well. But what you can't do is create documents and do mass mailings and what we see during campaign season.

And to dovetail on that, you can't engage someone to supersize or to enhance the distribution of your... You can't boost your social media. Boost your social media and those kind of things. The other thing that's important, and we'll be working through, we being myself and my law partners, we'll be working with... our resources to provide more formal guidance. We wanna be uniform, we wanna make sure that we're not out on left field or right field. But I think the important point that the city manager made that I wanna emphasize is that there is a distinction between being an elected official in this process and being an appointed official in this process. And I think the elected officials have a little more flexibility in what they can say and what they can't say as it relates to this matter, keeping in mind that another provision of this code, the elections code, provides that it's a misdemeanor to violate the election code law. And so you want to be very careful, certainly as an elected official and an appointed official, how you navigate this minefield. Because that's what this is. This is a minefield. We've not had to experience this before, and we want to make sure that we're doing everything, you know, obviously in the proper way to the best of our ability. I don't think there's any – I have not had any conversations with any of the professional associations yet that I've – that there have been some information presented by the Florida Police Officers Association and their attorneys, which have advised police chiefs and various appointed officials within that group. I'm not sure if you've had any tones or things other than what the Florida League of Cities has provided, This is a very nuanced and kind of complicated area that we just have to step carefully. And I think the city manager has introduced it very well. And we will have more information as we continue to unfold. this process, again, keep in mind, this just occurred, and it is, it is.

Well, we knew it was coming, I mean, we knew something was coming.

I mean, you say that, but the fact of the matter is that you don't know what's coming until it's here. Correct, we know what form. And so, I think that in order to be, in order to be consistent, we want to make sure that we deliver the message that is appropriate.

And one other thing I just want to, I mentioned this in the CRA meeting as well. You know, there's the direct impact to the city. There's also the impact to the other agencies that we work with. And I mentioned Lake Region Lakes Management District. They're taking care of, you know, infrastructure in our own community. LAMTED is another one that's a special district that, you know, could be significantly impacted by that. How that affects us is that the provision of services for mass transit could be certainly impacted as well.

So I think, and that's kind of where I'm coming from, is I kind of sat back and I just watched My counterparts throughout Polk County made comments last week and posts and get their opinions out there. And then I looked at other municipalities and counties across the state and getting their opinion out. And everyone is on the defense of this. And I get that. And I understand why they're on the defense. I guess my mindset is I would rather... be proactive in determining what the paths are going forward. If at the will of the voters, this is what they want. Because we all are up here at the will of the voters. Everybody who gets a paycheck from the city of Winter Haven is essentially here at the will of the voters. If that's what they decide, then we're going to have to figure it out. And I just think that having some dialogue and conversations via a workshop on what are our options? I'm not advocating for anything here. I'm not wanting a tax shift. Ultimately, I think that's what a lot of this may boil down to. But are there fees that we would add potentially on tax bills? Are we, you know, there's now $150 police fee. There's now $150 fire fee. There's now, you know, is that allowed? I know you guys know the answer to those questions, but I think that's where it would be healthy for us to have those conversations and get some dialogue out there on what we can and can't do, and then also start to take a look at the budget and there's going to be a lot of difficult conversations that are going to be had in cutting this item or cutting that item. But the earlier we can get to work on this, the better. And if the will of the voters is to not vote this through and it doesn't pass at 60%, I don't think we've wasted our time. i think we can take that knowledge and take that information forward and figure out where can we make adjustments where can we make cuts so that the citizens of winter haven improve their affordability for owning a home because again like i said everything that i saw was you know, pro municipality, pro government, pro, you know, this, we, we've got to keep it, but what about pro citizen? And I think that's where this whole thing starts from is we've got to be more perceptive to what our citizens needs are when it comes to affordability. And, um, i you know i just think there's there's a lot of work that needs to be done and the sooner that we can get to that the better and winter haven is probably you know i've said this before i think winter haven is probably one of the most well-positioned cities in the state of florida to weather this storm but don't take that from me stating that this is going to be easy it's going to be difficult it's going to be a challenge It's going to change the landscape going forward in the city of Winter Haven and throughout the state. Again, the sooner we can get on this, the better. So that's what I'm calling for is some workshops and some discussions so that we can start to dive into this thing sooner than later. If any of the other commissioners have a comment.

I just heard you say that the special districts could not change over to fees.

Some of them.

Some of them can't.

It would depend on their charters or how they were established and what their funding sources would be, how they would be able to, their organic bodies. I don't know what you...

It seems like it would be, you know, the next step would be to go to that, if you can't have an alarm, to go to a fee, and they would be pretty positioned because they're in an enclosed area and whatever, you know. So I just, you know, would think that would be... really hard if you couldn't collect ad valorem taxes and you could not go to these structures. So that would, you're out of business then, I guess, unless you can really find something else.

Other things to be talked about in the workshops? Moratoriums.

Yeah, I think, you know, this would be historic. I haven't been in Florida all my life, but I'm assuming that if this were to pass, this would be historic. This has never been done before. So this is, in itself, you know, Lakeland is like $15 million. That's what they're talking about. I think the education part of it, and you're exactly right, and ourselves, but also the public themselves, I think are not necessarily as well-informed as they perhaps need to be. They'll be making a decision about what direction they'll go with this in terms of their vote. would be, you know, I'm not sure what vehicle, what methods would be other than outside groups or other groups. I'm assuming the city can't or we cannot advocate for what is that?

We can't retain people.

That's what I'm saying, one way or the other. No, I'm just saying even sharing, putting out any type of information or anything of that nature, other than stating the facts, this is what possibly would happen.

Well, I don't think you could do that. That's a slippery slope too, right? That is a slippery slope because you don't want to intimidate or coerce or any of that. So it really comes down to here's the numbers of how the budget functions is really what it comes down to, and here's what it goes to. to show that it's very consistent with what we've done. I can say certainly for the four years that I've sat in this seat, this is why we have a budget and brief. This is where the money comes from. This is what the money goes to.

If it were to pass, how soon would it impact?

Not the budget that we are preparing today, but the one that would be this time a year from now. However, it certainly influences decisions that would be made in the one we're preparing now.

Because if you have a multi-year project, you don't necessarily want to start that project.

If you're going to budget for personnel, if you're going to budget for compensation, you're doing that with the risk of not having the dollars to sustain it. to advance a project, to acquire land, to expand a service. Those are things that you just don't know. It's like working with your own personal budget and things that you want to do. I want to buy a car. I want to buy a home. Here's what my revenue is off of my employment. If that employment is in question, do you make that decision the same way?

Well, you know, this has only been made a fact to us in the last week. Now, the thing is, is I've read and saw a lot of stuff on social media and everywhere else. The whole crux of this matter is that the five of us sitting up here at this point, we cannot take a $10 million budget reduction and handle that. So the point that I'm making is simply this. is that there are two things. Number one, yeah, we know what the, you all can project what that shortfall will be. But there is also some other nuances around what's in that potential legislation that we don't know. We don't know what we can do and what we cannot do. And so I agree with Mayor Yates that we need to start now to sort of zoom in on that, to look at it. And I would like to look at it not only from the standpoint of the potential of what's going to be reduced, what we're going to have to cut, but I also want to be looking at what we would need to do in order to generate additional revenues and what would the sources be? What are the limitations? What we can do and what we can't do? Because I do know that in the past, we have looked at other ways to generate revenues as opposed to just entirely on the Avaloram revenues. And so I know we have done that. So I'd like to have it be all encompassing where we're looking at it all. But my, the key thing with me is that I know my limitation. Okay, I know my limitation is it relates to the budget that we spend, the budget that we make, and how it's generated. I know my limitation's there. So, In order for me to be more educated and to help move this forward, I would like you all to do what you've done in the past. You've got to look at it from the standpoint of presenting it to us so that we as a group can look and make some decisions. And earlier, we get started in that direction. I think the... the better off we will be no matter what may happen. And so that's, and I agree with that wholeheartedly, that that's something that we need to do. And I'm going to say one final thing. I've sat up here long enough to have commissioners that have come here and said what we need to do is go back to zero-based budgeting. And I for one said that we don't have the time to do that. We don't get paid enough to even start trying to do that because that is so time consuming. So we have a challenge, but I know we can, I'm confident that we can meet whatever challenges thrown at us.

Anybody else? City attorney?

Nothing.

Senior manager? Oh, let me think. It was a good trip to Tallahassee. To see the process, to see how that whole thing comes together. Commissioner Davis, you were in that for a long time. I would encourage everyone at some point in your life to make it a priority to be in the room. because that's your responsibility as a citizen to be a part of that process. The only other thing I would mention is that we do have Bridge League of Cities Thursday evening. I think a few of you may be attending that in Davenport. Main Street Winter Haven also has a downtown event on Thursday evening. And I'll mention this again next week. However, following next week's agenda review session, I'll be taking some personal time beginning that evening post-meeting into the next week. And Mr. Carnevale will handle things in my absence, including your next city commission meeting, which I believe, Mayor Yates, you may also be absent from at that point. And I think that's all I have for now. Thank you. Thank you. Thank you.

Thank you. Thank you. Um, we, uh, we've, we've sought out some expertise, uh, from a consultant who specializes in cooperating with the railroads, uh, to try to figure out what our next step is after, uh, some of the recent setbacks we've had. So, uh, but we are continuing to pursue it. I just don't want anybody to, uh, lose hope there. Deputy city clerk.