I'd like to call to order the city commission meeting for this the 12th day of January 2026. Happy new year everybody. >> Happy new year. Can I get a roll call, please?
>> Commissioner Dolison here. >> Commissioner Mercer >> here. >> Commissioner Dansler here. >> Mayor Prom Yates >> here. >> And Mayor Bird Song >> here. We will have a invocation by Pastor Chris Weatherly of Christ Community Church. And we will be led in
the pledge of allegiance by Vanessa Castillo, MMC. City Clerk. Please stand if able. Allow me to pray for us. Heavenly Father God, we thank you. We thank you for every person here. We
thank you that you love them. Lord, we thank you that you love this city. We thank you that you love all of the people in this city. Lord, I pray that your hand will be all over this meeting. That Lord, you will provide wisdom that far surpasses any of our own intellect. And Lord, you will lead and guide us,
lead and guide this city. Lord, we love you. It's in your holy and precious name we pray. Amen. >> Amen. Amen. 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. Would you join me? Good evening, mayor and commissioners. We have two presentations this evening. Our first presentation is a proclamation in recognition of Dr. Martin Luther King
Jr. Day. We have representatives from our steering committee uh who are with us and I believe Zania Zhao is going to accept the proclamation on behalf of the committee but we certainly will invite all them forward for a photo uh and I will read the proclamation.
Whereas Dr. Martin Luther King Jr. devoted his life to champion championing equality, justice, and the power of peaceful action, inspiring an enduring movement that transformed the conscience of a nation. And whereas through his unwavering courage and belief in the
transformative power of love and service, Dr. King challenged America to rise to its highest ideals, calling upon each citizen to recognize the dignity and worth of every person. And whereas Dr. King's words and actions continue to serve as a guiding light for the city of
Winter Haven, reminding us that lasting progress is achieved when we stand together in compassion, understanding, and shared purpose. And whereas the observance of this day provides an opportunity for residents of Winter Haven to reflect upon Dr. King's teachings,
re redirect themselves to his dream, and engage in meaningful acts of service to honor his enduring legacy. And whereas the city of Winter Haven joins communities across the nation in honoring Dr. King's extraordinary legacy by uplifting his dream of equality and
encouraging residents to engage in acts of kindness, volunteerism, and reflection that strengthen our neighborhoods and bring people closer together. And whereas during the MLK week, a wreath will be laid at MLK Park in memoriam of Dr. King's dream serving
as a symbol is a powerful symbol of remembrance and inspiration for the entire community community to advancing his vision of a beloved community where opportun opportunity understanding and peace prevail. Now therefore, Nathaniel J. Birdsong
Jr., mayor of the city of Winterhaven, does hereby recognize January 19th, 2026 as Martin Luther King Jr. day in the city of Winter Haven and urges all citizens to join in honoring Dr. King's legacy by participating in the
activities and events hosted by the city in partnership with the MLK steering committee that reflect his principles of love, unity, and peace and to recommmit ourselves to building a community that uplifts all people. 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 12th day of January, 2026. Signed, Nathaniel J. Birdong, Jr., mayor. Attest Vanessa Castillo, city clerk. Thank you. >> Good evening, mayor and commissioners. Before I start, I'd like to ask you all
a question. If Dr. Martin Luther King Jr. were standing before us today, would he applaud our progress or question our complacency? Dr. Martin Luther King Jr.'s 's leadership during the civil rights movement was received in unwavering
belief that the equality and not a privilege had but a fundamental right. Dr. King changed this nation to live up to his promise that all people are created equal. Thank you for the opportunity to share
an overview of the upcoming Martin Luther King Jr. week events planned by the city of Winter Haven in the partnership with the MLK steering committee. MLK week is designed to honor the life and legacy of Dr. Martin Luther King Jr. through education, service,
reflection, and celebration while creating opportunities for our community to come together in meaningful ways. We kick off our MLK week by hosting a children's story time at the Winter Haven Library. This event introduces
introduces students to Dr. King's legacy through an age appropriate storytelling and crafts. In partnership with the Winter Haven Ritz, the theater um this Wednesday evening, we will open our doors at 6:00 p.m. and we will be
showing the movie Marshall at 6:30. It is free admission for all of the community to come and enjoy. On Thursday at 10:00 a.m., we will host the MLK we wreath layering ceremony at the MLK Park. This ceremony provides a moment of
reflection and remembrance honoring Dr. King's legacy. The city leadership, community, and members and partners are invited to join us and pause to reflect on Dr. King's impact and his recommmitment to ourselves and his
vision. This centerpiece of the MLK week is our unity lunchon this Friday at Noro Hall. This is for our community leaders, residents, businesses, and partners.
During the lunchon, we will recognize and honor local heroes, individuals who have made a lasting impact in the Winter Haven ser through service, leadership, and adv advocacy. and to also hear from our keynote speaker as he reflects on Dr. King's
visions and relevance today. Tickets are also sold at the Noro Hall for the Unity lunchon. We encourage residents and members of the community to come and attend to take part in this important event. On Saturday morning, we look
forward to the annual MK parade, a long-standing and beloved community tradition. The parade features community groups, schools, churches, businesses, and civic organizations, and celebrates Dr. King's legacy through music,
cultural appreciation, and cultural expression, and community pride. Finally, the concerned citizens of Winter Haven will be hosting a um breakfast at Noro Hall on Monday morning. All are welcome. This
is a free community event. MLK week emphasizes Dr. King's belief that everybody can be great and everyone can serve. Together, these events reflect the city of Winter Haven's commitment to honoring Dr. King's legacy, not only in
um words, but through education, service, recognition, and unity. On behalf of the MLK steering committee, I want to thank the city um commissioners, city staff, sponsors, volunteers, and community partners for their continued
support of the MLK week, and we look forward to celebrating this week with the whole community. Thank you. >> Thank you. All right. I'm gonna ask you to look here first and then we do one more.
All right. One more. >> One second. >> Okay, there it is. >> Thank you. We have one more presentation this evening uh mayor and commissioners for the Florida Arbor Day uh event and
proclamation. Deputy City Manager MJ Carnival will present this. >> Thank you. Good evening, mayor and city commissioners. Uh members of our urban forestry advisory board, Anna Sodra and Shannon Carnival are here tonight to accept Whereas in 1872, J. Sterling Morton
proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees. And whereas this holiday called Arbor Day was first observed with the planting of more than a million trees in Nebraska. And whereas Arbor Day is now observed throughout the nation and the world during the local tree planting season.
And whereas trees can reduce the erosion by wind and water, cut heating and cooling costs, moderate temperature extremes, remove pollutants, reduce storm water runoff, produce oxygen, and provide habitat for wildlife. And whereas the city of Winter Haven is committed to promoting ecologically sound urban forestry principles as
evidenced by being nationally recognized as a Tree City USA for more than 30 years. And whereas trees in Winter Haven increase property values and enhance the economic vitality of business areas while beautifying our community. And whereas trees wherever they are planted provide a source of joy and spiritual
renewal while standing as both literal and metaphorical pillars of our community. Now therefore, Nathaniel J. Birdsong Jr., mayor of the city of Winter Haven, Florida, does hereby proclaim January 16th, 2026 as Florida Arbor Day in the city of Winter Haven, and urges all citizens to support efforts to keep our urban forest healthy
and sustainable. In witness whereof, he has here to set his hand and caused the seal of the city of Winter Haven, Florida to be affixed this 12th day of January, 2026. Signed Nathaniel J. Birdong Jr. Mayor attest Vanessa Castillo. >> Thank you, honorable mayor and city
commissioners. We are honored uh to accept this proclamation on behalf of the urban forestry advisory board. Florida Auburndale or not Auburndale. Whoa. Florida Auburn Day is a wonderful opportunity to celebrate Winter Haven's commitment to promoting a healthy urban
forest which is a vital asset to for the city that provides shade, flood protection, cooling, and enhances property values and overall quality of life. This Saturday, January 17th, the city will host its annual tree giveaway in South Central Park in partnership
with the University of Florida Institute of Food and Agricultural Sciences Extension of Pulk County and keep Winter Haven clean and beautiful. Winter Haven residents will have the opportunity to choose from three Florida native species um that they can plant in their yards,
helping grow our urban canopy for generations to come. We sincerely thank the commission again for recognizing this day and for your continued dedication to promoting urban forestry in our city. That's all, sir. Thank you. We have no developments of note. So the
next item would be the minutes. Commissioners, >> Mr. Mayor. >> Yes. Motion to approve all seven sets of minutes as presented. >> Thank you. I will close the commission
meeting, open the public hearing. Anyone wishing to speak to any of these minutes may do so at this time. Seeing none, I'll close the public hearing and reopen the city commission meeting. Is there any discussion? All those in favor of the motion, let it be
known by saying I. >> I. opposes by the same sign. Hearing none, all of the minutes are adopted. The next item that we have, comments from the audience, and we have
one person that has signed up, B. Hoffman, would you please come forward, state your name and address for the record, and you'll have five minutes. >> Good evening.
and welcome to the new commissioner. And >> Miss Hoffman, can you just pull the mic down to you a little bit there? Thank you, ma'am. >> I want to say good evening and welcome to the new commissioner almost. Um, and I want to challenge I >> could you please give us your address?
>> Oh, my name is Betty Hoffman and I live on US 17 near Hendale. Um, since this is the new year and hoping for some new changes from our city and within the new commissioner, some ideas
and I was very pleased. I'm going to refer to your January 7th agenda meeting. Um, and one of the items on there was climate control. And I don't think you can control climate. Um, my Lord and
Savior does that. Um, tourism, uh, living on a major road, the the tourists come in and they see some trash. Um, safety, uh, trash falling down signs that could hurt residents and estuaries.
Um, I live near Spring Lake Mall Plaza and, um, the it has been an eyesore for years and many vacant buildings and mounting code violations like over 40 of them. I don't know how many have been taken care of, but I was so excited to
see in that meeting to keep the Pope County beautiful and I believe in that and I'm glad to see that we're working as a community towards that. And um the mall was a eyesore for us that live
in the condos around there. Um there was no fence to protect the homeless or others from accessing that building that was falling down. There were 41 tires that this um the city paid for the police to come and count. Um there's
still 22 there. Um to quote Mr. T. Michael, I can't pronounce your last name and pronounce it perfect, >> but with respect, I want to quote you that saying on recycling day, which is coming up January 24th from 9 to 1,
they're going to have some you can bring no more than 24 tires to the event because they're considered a hazardous waste and you need a commercial license that comes with liabilities. Well, I've lived across from those liabilities along with a couple of hundred other
people that didn't seem to get it done. And like I said, it's still there. Um, so I'm glad to see that we're going to work towards cleaning up things. Um, the next thing is the donation boxes. There was a donation box that was
falling apart and was put over in uh where Fadino's restaurant used to be. So therefore, we now had um mattresses, couches, and whole bunch of other trash. And it stayed there for over a year. And then they finally tore
down the building. And I don't know who did it because it was going back and forth. The city's doing it. No, the mall was doing it. Don't want to mention any names. Um but it finally got done and whoever did it did a wonderful
job. They were out there with brooms sweeping. So, they were great people. Just want to say if you got to use them again, they're good ones. Um, so the tr the donation boxes. Uh, so that was a
problem. But, uh, now I'm getting the trash back again. The trash is coming back. I had to call many people. I called um the health department, public's works, many people and like
Tanya said on that same videotape that I watched that everybody points the finger to everybody else. I called uh Poke County and they told me that was not their jurisdiction. So I said, "Well, I'm glad you don't get any of my money."
Um, but anyways, I did call John Albert's office and he supposedly talked to somebody here and cleaned up that trash, but like I said, it is back and the donation boxes, there's still three over in that mall. If you haven't seen
them, drive through and they're there. Um, and the other trash, I don't know. There was trash back in there that Peacock and Scarcrow owned that's landlocked and it was had violations for the trash that was there from the
homeless and to be cleaned up. I don't know if that ever was done, but I am also concerned because you are putting trying to put city sewers around Lake Hartridge. Well, you've got some major lakes over here at
Spring Lake. Anyways, all of those titles and that trash is going >> I'll give you another >> Thank you. >> 60 seconds if you need it. >> Another 60 seconds, one minute to wrap it up. >> I want to thank you that we are you're going to work with that and I appreciate
that. But I do need I do feel that code violations need to be stronger. put some teeth into it because you find them and then you come back and say we can reduce that for you. I don't think they're enough and you should make them do it. And I don't know who's going to send a
letter to Landmark or Windbrand to tell them about the tire collection and the ones behind your building that you said there's a ton of them, too. So, thank you. God bless you. And I appreciate my city and all of you sweet people. Thank you.
>> Thank you. All right. Thank you, ma'am. >> Oh, he wants to speak. >> If you want to speak, come to the podium. State your name and address for the record.
>> Thank you. Thank you very much um city managers and city clerk and mayor and commission for letting me uh speak. I I'm new to this my first time here so I didn't know I had to sign and okay thank you and Mr. Mayor I thank you for helping me a few
months ago. My name is Daniel Serpa. I called your office to help me over at the Florence Place Apartments and you quickly assisted me with the air conditioning. They came right away after I called your office and I really appreciate that. The reason why I'm here tonight, um, I actually just came out of
the hospital, um, two nights ago. I almost lost my finger, my hand, almost went septic because of a homeless violence attack that happened to me on the 3rd of January in front of my development. Um, there's homeless sleeping in the breezeways, doing drugs,
all kinds of illegals at the Florence Place Apartments. Um, I see a horrible homeless situation here. Um, I I don't see much police patrol. Um, I make anonymous calls and the homeless are just living in my breezeway. They're
violent. I wound up getting injured. I have pictures. I communicated this with the Florence Place manager who you you are aware of, who you know. Um and um she told me that it's my job to call law enforcement and I feel it's really the
property management's responsibility to get these homeless off of the property. It's not really much I don't feel mine. Thank you for allowing me the time, sir. >> Thank you. >> And everyone else, >> thank you.
>> Okay. If there may be someone else that didn't sign up that would like to address this commission, you may do so at this time by coming coming forward, stating your name and address for the record. All right, seeing none, we will move to
presentation of the plaques. Good evening, mayor and city commission. It is certainly my pleasure and privilege this evening to uh present these plaques um to uh the individuals. Uh and this is a plaque for you, Mr. Mayor. So, if you will come down, I'll
be happy to present it to you. And I'm going to scoot around to the front. >> I have here before me today uh this evening a plaque to present to the mayor Nathaniel J. Birdsong Jr. in recognition of your dedicated service as mayor to
the Winter Haven City Commission for the year 2025 through 2026. And I'm presenting this to you today this 12th day of January 2026 with great thanks and gratitude for the service that you have provided as mayor for the city OF
It is now my privilege and honor to present a class. I have here today evening rather present to commissioner mayor Brian Gates to thank him in recognition of your dedicated service as mayor prom
city commission for year 2025 for 2026 presented this 12th day of January 2026 and again on behalf of all the citizens and residents your fellow commissioners all of the city staff thank you very much for your service and dedication
of city council. >> All right. Now, I have a a really big honor in presenting to Commissioner Brad Dancler. Please come down as well. I just want to reflect on the fact that we have a citizen and a
resident of the city of Maryland who not only has served with distinction but is also tireless advocate for all the residents and citizens of the city of in addition to being a tireless advocate and an excellent wonderful city commissioner he
has become a friend not only a friend to me but a colleague and so it is with great pride that I am here tonight to present this to commission to Bradley T. Danc in appreciation of
your distinguished leadership, dedicated service, and lasting contributions as mayor and commissioner to the city of Winter City Commission from 2013 to 2026. And I presented this to the mayor and commissioner. I always
referred him as mayor. Um, I think Commissioner Hans was mayor probably longer than anyone else in the entire city's history. So, I present this with great pride this 12th day of January, 2026. Thank you very much.
Okay. >> All right. The um the next item on the agenda is the u swearing in of the newly elected commissioners. But before you come forward, John,
I would just like to make a um a few comments about Commissioner Dancler. Commissioner Dancler, I've had the uh privilege and the honor of serving with
you for your entire tenure on the commission. And I also had the privilege and the honor of serving with you as a member of the board when you were the president of
the chamber. So, we've been together for a good little bit. But I want you to know that you being on this commission and
some of the things that you've done, we will forever remember. And I'm just going to mention one. the chain of lakes complex, the advent center. Commissioner Dancler
led the charge and negotiating the change over from the previous owner when it was under contract. I remember that you did that. Also
the tennis center when you and I both were getting calls about Arbenddale having clay courts in the city of Winter Haven was back in the uh
19th century, not even the 20th century. you led the charge for us to really redo our tennis complex. And so those are just two examples. I could name a few others as it relates
to the Florida League of Cities, being a hometown hero, working towards home rule for all of the citizens of Winter Haven. So uh and working on
the trust I mean you have been and shown great leadership and fortitude to give above and beyond what has been required as a city commission
commissioner. So, I just wanted to personally thank you for your service and uh we're going to miss you. LIKEWISE, and I know you're getting ready to sail
off into the sun set or drive off into the sunset or whatever it is you want to do, but uh may God be uh with you. And so now we are going to seek the new commissioners, but I want to give you an
opportunity if you would like to have some final words. >> Well, that's dangerous, but I do appreciate that because I would like to say a few things. But um thank you. Uh I'm gonna call you Nat even though you're mayor. I appreciate you. I've
been up here 13 years and I'm the third longest serving commissioner in Winter Haven's history. I mean, I' I've been sitting next to that man for 13 years, and I I I really consider him a friend, and he has taught me a lot about Winter Haven, and I was born and raised here, and I've learned a lot from this man
over here about what it was really like uh for somebody lived a different upbringing than I do. And I I'm so appreciative for for him and the way he represents Winter Haven and represents all the people. So, Nat, thank you for your kind words, and I appreciate you
very much. You know, I was thinking uh when I was born, Winter Haven was small. It was tiny. And we've we were a small town and we've grown up and we've become a bigger city and I love my town and and and I've got grandkids that now live in Charleston. So, I assume I'll be spending more time up in Charleston, but
I still have a regular day job. But Winter Haven will always be my home and I really love this place. And I but I I want to challenge our commissioners to, you know, we're not a little city anymore. In fact, recently our city manager had the honor and distinction to
go up to Tallahassee and represent midsize cities and speak on behalf of midsize cities. Not a small town, but not a Miami or an Ohio or Orlando, but we're a midsize city now. We've I want us to start thinking like that and thinking differently and thinking like
we're we're we're we've got more to offer than we're not such a small city. So, there I've got a few comments, just a few suggestions that we might want to consider. because we are not a small town. We're we're on our way. We're growing faster and faster. Um,
first of all, I think you guys need to all vote yourselves a pay raise. And we we we don't make near enough money for what we do, the amount of time we put in. And the way that you do it is you index it to Lakeland. Lakeland, whatever whenever they raise their rate, if they got 50% more money than we do, then we
should make 50% of the money. the same way other city manager. We have the second largest city in in uh PK County. So, our city manager should make the second most money. Um I think uh public input, you know, when you think about how much how uh all the other
communities communities we should contemplate how much time we do for for uh for public input. An elected mayor is something I think is a must. I know that it's something that um all many other communities in Pole County do this and I think it's something that we should
consider because of the size of our town. Uh our proclamation process should be considered. Um you know, just make sure everybody on the commission weighs in on the proclamations. Um something simple but easy. I spend a lot
of time on Google Earth and whenever we have a we're considering a piece of property or zoning, it should be nice to have Google Earth zoom in. So, we actually and I was born here and I know the difference between Fifth Street Northwest and Fifth Street Northeast, but I still don't know North and South
and East and West like some people do. So, it'd be nice if we could just Google Earth down and zoom in on property so people can know exactly where we're talking about. Um, I do think we need an art venue. and I failed in this to try to try to convince us that we should probably have an art and and CJ MJ was
just talking about how he went to a stall. Y'all have heard me talk about stalls for 10 years, but I still think having an art facility where you can have art shows, dedicated art shows is something Winter Haven's ready to ready to support. So, finally, uh, in terms of our elections, uh, our
elections have been good so far, but we're getting big. And where the confusion comes from elections like this last time is when people's precincts change. So we have enough city-owned properties now to where we can have our elections on our own city- owned
property and never have to change an election never have to change a precinct again. You can have them at the golf course, city hall, senior center, northeast wreck, southeast wreck. you can have a lot we have a lot of city facilities and then people can get used
to going to the same precinct every election and we don't have any confusion like we did this last time. So um see yeah there we GO and and finally and foremost this this will be my last city commission meeting
and I have a whole closet full of ties and I'm going to have a tie giveaway for anybody wants ties. Let me know because I will not be wearing many more of these after it's all over. And last but not least, to my successor, Chad Davis, I wish you nothing but the best. I very, very seldom do I post
anything on Facebook, but I did on election day. And it was just very surreal to me that here I was voting for my successor. And that's what local government in this country is all about is that we can have a peaceful transition and I was able to go to the polls, cast my ballot for the person
that's going to replace me. So Chad, I wish you nothing but the best. I I I've been saying for the longest time, I want younger people to take the reigns. You're a younger person. You're taking the reigns. So, God bless you and and I wish you nothing but good fortune up here. Don't take things personal because
nobody comes up here and yells at us is mad at us. They're mad at what we're talking about, but don't take anything personal because it it'll serve you well if you don't do that. I don't take anything personal that people say to me because I know they don't really mean it on a personal level. And just do the
right thing. Be more inclusive. Try to think of everybody, you know, be very inclusive with everything that you as you think because you represent 50,000 people now, almost 60,000 people. So, be inclusive and think about everybody, not just who you might know, but try to try
to consider everybody as you as you go through the deliberative process. SO, SO, so that's it. It's been an honor and a privilege and I'm thrilled and I'm sad and I'm happy and a lot of other
emotions that I don't know what else to say but I love my town and this has been one of the biggest honors and I I love the staff. We have a great city staff. You guys are awesome. Keep doing your keep doing your good job and you know keep keep pulling them. If we all pull the rope the same direction, we can move
mountains. I've said that for 13 years and I still mean it. we all just pull the same way, we can we can we can move mountains. So, thank you all. You mean a lot to me and and I will see you at Richard's Coffee or somewhere and please come up and say hello whenever you see me because I'm not going anywhere. So,
that's it. Right. We're at the point where we will uh swear in our two commissioners. City Attorney, it's all yours. >> Thank you, Mr. Mayor. Commission. Again, I'm happy to be up here tonight. And at
this time I'd ask Chad Davis please come up and I will administer the oath of office to you as a city commissioner city of Winter. >> You raise your right hand and please repeat after me. I, Chad Davis, >> I, Chad Davis, >> do solemnly swear
>> do solemnly swear >> that I will support >> that I will support >> protect >> protect >> and defend >> and defend the >> Constitution and government of the city of Winnipeg >> the Constitution and government of the city of Winnipeg >> the state of Florida >> the state of Florida >> and the United States of America
>> and the United States of America >> that I am duly qualified to hold office >> that I am duly qualified to hold office >> under the constitution of the state >> under the constitution of the state >> and that I will faithfully perform that I will faithfully perform >> the duties of city commissioner >> the duties of city commissioner
>> of the city of Winter Haven >> of the city of Winter Haven >> on which I am now about to enter >> on which I am now about to enter. >> So help me God. >> So help me God. >> GOOD. Take my seat. It's warm.
>> You're going to need that next year. I'm hold Robin Bson, you're next. >> Please raise your right hand and repeat after me. I clip the knee. Solomon's >> solemnly spirit >> that I will support >> I will support
>> protect defend >> defend >> the constitution and government of the city of >> constitution and government of the city of >> the state of Florida >> state of Florida >> and the United States of America >> states of >> that I'm duly qualified to hold office >> that I'm duly qualified to hold office >> under the constitution of the state
>> constitution of the state >> and that I will faithfully perform >> I will faithfully >> the duties of city commissioner >> the duties of city commissioner of the city of Winter Haven >> on which I am now about to enter which I am now about to enter. >> So help me God. >> So help me GOD
All right, we're we're we're getting ready to do something else, but before we do, uh I would like uh to give uh Commissioner Davis an opportunity to
make some comments if he would like. >> Sure. >> Thank you. >> I first want to begin by expressing my gratitude uh to those who helped get me to this next chapter. Um, and I don't just mean those who helped me on my
campaign, although I'm very uh grateful for their support, but rather tonight, I want to honor some folks who helped uh prepare me as a person for public leadership, beginning with my family. My great-grandfather moved the Davises to Winter Haven in the 1920s, shortly
after Winter Haven was incorporated as a city. My grandfather, Charles Aaron, Senior, who went by Aaron Davis, attended Central Grammar School and made it to the eighth grade. My grandmother, Dena Davis, worked as a citrus packer at the old Winterhaven Citrus Growers
Association packing house. From these humble beginnings, my father, Charles Jr., was the first in our family to graduate high school at Winter Haven Senior High and then went on to get his masters and law degrees. 50 years ago, in 1976,
my father was elected to this very city commission. And it is with great pride that I not only share his name, but also his commitment to serving this city. While my father may have given me his drive and ambition, my mother taught me compassion and perseverance, always
supporting me with her words of encouragement and most importantly her prayers. Perhaps no one plows ahead when the going gets tough better than my mother. And she stayed by my side, pushing me to keep try trying after every setback. My parents are here tonight with my brother Richie and his
son, my godson Henry. And I know other family members who could not be here physically are also watching online. Thank you and know how much you all mean to me. As I mentioned, my father held a seat on this commission 50 years ago, and I'm honored to be succeeding another multi-generational commissioner, my
friend Brad Dancler. Brad has truly left the city better off than he found it, and has proven that deep roots produce the best fruit. And if I'm half as good a steward of this seed as Brad, I will consider that to be a monumental success. I also want to thank two role models by
whose examples I have been mentored in many lessons on public leadership. My former boss, Senator Kelly Starel, and my current boss, PK County School Superintendent Fred Hyde. I have witnessed both carry the heavy burden of making consequential decisions and doing
so under the fierce scrutiny of the public along with the defamation that comes from the rough and tumble of our current political dynamics. Being a public leader comes at a great cost, but it is an act of self-sacrifice for the common good. As we know from the Gospel of St. John, no one has greater love
than this to lay down one's life for one's friends or in their case, one's community. Finally, I want to conclude by challenging all of us that as we move forward, we remain focused on the positive as we address opportunities for improvement. Winter Haven has come a
long way just in my lifetime and we are in a very strong position with lots of assets that are the envy of other cities. I am truly very honored to be serving Winter Haven in the capacity as a commissioner and I will do so humbly and to the best of my ability with God's
grace and for his glory. Thank you. Commissioner Dison, would you >> Honorable Mayor, I uh I'll be brief tonight. Uh I' I've been at this for a little while now, at least for the past two years. It's really been an honor and a privilege to uh serve as city commissioner of the city of Winter
Haven. I do want to echo uh certainly um our appreciation to Bradley Dancler for the great job that he has uh done. I had the opportunity to sit next to him for the past two years. Learned much from him. uh also have great appreciation for his family and I've known them over the
years and and we certainly thank God for the service that he has rendered to this city which has been exemplary. I also um I'm not from originally from Winter Haven. I'm a transplant from the great state of Indiana. Go Hoosiers.
And I thought I'd just throw that in there anyway. And um but I'm grateful uh I married a Floridaian uh born in city of Barto. My wife Valerie uh in July of this year, Lord be merciful to us. We
will celebrate 45 years of marriage. >> I owe a debt of gratitude to my wife. She has been my mainstay and truly has been a true blessing and my partner uh in my adult life and I and I just thank God every day for her and what she means
to me and uh she's been a great supporter of this city and has worked also very hard to make Winter Haven a better place. I also have uh two of my grown children who are here and I have grandchildren that are here as well. I also have a son named my oldest son is
Bradley. Bradley Donaldson and my uh son uh baby boy is Austin Donaldson. Their wives are here uh India Donaldson and Erica Dalison. And I think I got some other little Dlessons out there somewhere.
And uh my grandchildren that that are that are here as well. And uh so I get up every morning thanking God for the privilege of serving a great church. Uh many of you may or may not be aware that uh I'm the fifth African-American to have served on the commission for the
city of Winter Haven. Of the five that have served, including myself, uh I have pastored three of them and uh and the one that currently holds a position of mayor uh who serves in our churches as well. So, it's really been
an honor. Uh I never thought that I would perhaps be sitting here. Uh my background uh primarily came out of the work of doing justice and recognizing that there were people who were on the margin and they're the voiceless and who
are not uh given opportunity to be heard and uh so we were champions for justice and we came to this chamber and came here to speak truth to power to address issues that are systemic that are problems throughout our country. I am so
grateful that Winter Haven uh listened to what we had to say as it relates to housing and uh affordable housing. We're the only city that actually went down in in uh in homelessness in this in the in Pole County. That is significant in of
itself. There are many other issues. Mental health is an issue that we are passionate about right now. So, I sit here uh recognizing that as I've sat out there and I've spoke to those and challenged those who sit here and uh I
was sharing with someone today, it's a different view from up here and being out there. But I do have that appreciation that those who serve as officials have a great job to do and there's great information that uh oftenimes citizens are not particularly
aware of. And it's wonderful when you see individuals who take the time and engage themselves, get involved in the process, and to know more about their city and about how the city functions from my uh from our citizen who shared tonight because where he lives, where he
resides is a place that we fought very hard to see become a reality. And the fact that he's challenged over there with uh with an issue uh that's concerning because it's literally outside where I work. And so hearing those issues and those concerns of all
citizens is very vitally important. And so I'm grateful for the privilege that city has given me to serve uh full term. Uh JP Pal, I cannot uh I have to say that he was a dear friend and I was honored to eulogize him
at his uh homegoing and I thought I would honor him by serving the city because I knew he loved so well and I supported him in his uh work for the city. So, I've honored that privilege and I thought that after the two years
perhaps I would go back to my regular duties. But then I thought I've learned so much and I've gained so much information that I would be able to now be a blessing, more of a blessing to this city and be able to share what I've
learned. So, that's why I ran. That's why I'm here and I'm grateful for the privilege and opportunity to do so. So, again, thank you so very much. All right, we're at the point in the meeting where I officially
officially state and vacate the office of mayor and turn the meeting over to our city attorney for the election
of a new mayor of mayor. >> Thank you very much uh Mr. former mayor and um and commissioners. Um it is indeed again I don't like to participate in these meetings too often unless I really have to but but this is something that is something actually I enjoy
doing. Um and it is something that I think is important. Um, as you all know, um, there are four of you that are eligible to serve as mayor of the city of Winter Haven based on the charter provision that requires you to serve for at least 10 months u before you're
eligible. So, at this time, I will open the floor for nominations for mayor for the city of Winter Haven for the next coming year. >> Mr. Moderator, city attorney, I nominate Brian Yates for mayor.
>> Very good. Are there any further nominations to come from the floor? >> I move that the nomination be closed on one said name. >> Very good. All those in favor of the nominations being closed, say I. >> I.
>> I. >> All those now in favor of uh Mayor Prom Yates now to become mayor Yates, please say I. >> I. >> Very good. It is uh now it is my uh privilege to administer the oath of office to Brian Yates as mayor for the
city of Winter Haven. We'll come down to the well and I get to also give you the ceremonial Please raise your hand. Right hand repeat after me. I Brian Gates. >> Immortleman's
voice. >> I will support >> that. I will support >> protect protect >> and defend the constitution and government of the city of Winter Haven. >> Defend the constitution and government of the city of Winter Haven. >> The state of Florida >> the state of Florida >> and the United States of America >> and the United States of America. that
I'm duly qualified to hold office >> that I'm duly qualified to hold office >> under the constitution of the state >> under the constitution of the state >> and that I will faithfully perform >> and that I will faithfully perform >> the duties of the mayor of the city of Winter Haven >> the duties of mayor of the city of Winter Haven
>> on which I'm now about to enter >> on which I'm now about to enter so help The bleeding bleeding presentates as he undertakes the duties of mayor. Mayor Yates, we will need to retrieve
that back from you before you leave the building this evening. >> We'll make sure of it. >> Yeah. >> So, this is surreal, right? Um,
>> okay. How do I do this? No, I'm just >> Got it. >> Well, first of all, before we go any further, I thank you to the commissioners up here and showing your support to me. It's truly been an honor
to serve on this commission. Don't pinch me. I don't want to wake up. Um, I'm gonna let you speak for just a minute. Go ahead. Well, uh, I'm going to be brief. I just
want to say that uh I'm honored to have uh not only to serve as a commissioner, but you all have conferred on me the
extreme pleasure of serving as mayor for the past two years. And since I've been on this commission, I've actually now completed seven years as mayor of the city of Winter
Haven. And I REALLY really am appreciative and uh really and truly I've enjoy enjoyed 99.9% of the time.
So, uh, thank you for allowing me to to serve this great city, and I look forward to, uh, working with our newly elected mayor, and, uh, we're going to continue to move this city forward.
That's what we're here to do. Thank you. So, as I was saying earlier, this is it's truly an honor to be up here and to be able to serve as as the mayor of my hometown. >> Graduated from Winter Haven High School. It's blue and gold. Well, I guess that's
not blue and gold. That's patina. Looks like blue. It's turning blue a little bit. Um, it it uh it I've got my f a couple family members decided to show up tonight, but my dad's
here and my wife's here and we left the kids at home just as a got a four-year-old, so he's he's pretty hyper right now, but um but I'm thankful for them to be here.
I'm thankful for my family. Uh one person that couldn't be here would be my mom. Um lost her a few years back. she get a kick out of this for sure. Um, but I I will do the best of my ability
not let any of you down, not let any of you citizens down. And at the end of the day, when you make decisions, you just try to make the right decision and the decision that's fair and best for the city of Winter Haven. As
Commissioner Dancler mentioned, you know, we are a midsize city now. And it's more important than ever that we are a commission that is visionary, that we are looking to the future, that we are taking into to heart this decisions
that we make up here, how is that going to affect the next generation of individuals that call Winter Haven home? And I'll have to I have to say this too. We have we have made tremendous progress in Northeast Winter Haven with the
Winter Haven Cultural Center that's just a few weeks away from a ribbon cutting. I believe the Ruben Williams Sports Complex, the Blue Sky property, and there's been several things that we have approved up
here that have not come to fruition yet, but we've approved them. They're they're they're on the cusp of moving forward. So, we need to build on that foundation of recent successes in Northeast Winter Haven. We need to continue to be fair
and just to Southeast Winter Haven, to Central, to everyone. Um, and I think we've got the commission up here to do that. And I'm look truly forward to serving uh our city as mayor. With that, in case I'm not here, we need
a mayor prom. So, John, do you want to handle that or that that's my job now? >> It's up to you. I haven't gotten the pay raise yet. >> And that that's the next ordinance you want to instruct me to prepare. >> The checks in the mail, right?
>> But maybe >> um >> you can let him do it. >> We'll let you do it. >> All right. At this time, as the mayor has indicated, uh it is time for you all to elect a mayor prom. And I will now open the floor for nominations for the office
of mayor prom for the city of Winter Haven for the ensuing year. I nominate Tracy Mercer. >> Okay. Any more nominations? >> I move that the nomination be closed on
the one said name. >> Okay. There's a motion to uh close nominations. All those in favor of closing nominations, please say I. >> I. >> All those in favor of Tracy Mercer as mayor prom for the city of Winter Haven for the ensuing year, please say I.
>> I. That is official. Now I I have the the swearing in of the mayor prom. >> Unfortunately, I don't have any bling for you. We do have you please raise your right hand and
repeat after me. I Tracy Mercer >> I Tracy >> do solemnly swear >> domly swear >> that I will support >> that I will support >> protect >> and defend >> the constitution and government of the city of Winter Haven the >> constitution government the city of
>> the state of >> and the United States of America >> and the United States of America >> that I'm duly qualified to hold >> that I'm dyution of the state >> under the state >> and that I will faithfully performed
performance. >> I'm now enter Before we move on to liaison reassignments, uh, Mayor Pro Mercer, would you like to say a word or two? >> I'll say a few words. Um, I want to thank you for, uh, your trust and
confidence. Um, and this is a great honor to be mayor pro Tim. Um, I am committed uh to Winter Haven and to the progress that we've made. As you know, Brian and I came in at the same time. We've been on the board the same amount
of time. Um, so and he's already told you all about some of the progress that we've made on this. So, um, I have a long history and a long career in public service and I've worked in small cities and I've worked in some
larger cities than Winter Haven, but Winter Haven is my home and that's where I've been the last 25 years. So, um I understand the responsibilities that comes with uh supporting the mayor
and the commissioners and the citizens and the city of Winter Haven. Um my focus is uh on improving our infrastructure, supporting our local businesses
and um ensuring public safety um the environment, our um uh recreation facilities, our citizens. uh and to do that with open communications
and to make this city something that we can all be proud of and I think we all are. So I thank you very much for everything. THANK YOU >> with that. Let's get to work. All right. >> All right. Lazison reassignments.
Well, Mr. Mayor. >> Yes. >> I'd like to keep all of the ones that I have. >> Okay. And I asked about the AA. Okay. And uh I mentioned
prior to uh also I think I was on the forest street uh as well. I know that was vacant. >> Okay. So, and I was uh I was I'm willing to >> planning to let
>> Can't hear you have that experience. >> We can't the forestry. >> No, the planning. >> The planning. Okay. Gotcha. Okay. So, uh Commissioner Birdong wishes to retain all seeds. Let's just start with that. Are there any objections? Anybody would
like to do anything different there or is that okay there everybody? We're good. We don't need motions for this. This is a general consensus I believe. Right. >> I believe that's a general consensus.
>> Yeah. Okay. That's what we're Okay. with um Commissioner Dolison. He wishes to serve on the AHACT committee as well as the forestry committee which was previously held by
Commissioner Dancler. Are there any objections? Anybody wish to serve on those committees or we okay with that? Seeing none, we'll make that so.
And then I think historically, um, you know, the outgoing commissioner seats that were held, the incoming commissioner would would take those seats over unless someone else wanted,
you know, we wanted to have that discussion. But that would leave um the cultural arts advisory, the MTAC uh
the uh see and the planning commission as vacant seats. And if Commissioner Davis would be good with those. >> Yes, I'm with those. Are there any additional ones that you wish to serve on besides those? It's a good crash course right there. No, I'm good.
Thanks. >> And Commissioner Mercer, are you good with serving on the remaining >> ones that >> ones that you have? >> Okay, >> fine. >> We good for the urban forestry. >> So, um, mayor, if it would be
appropriate with you, if I could just go through these because I want to make sure we have them correct. Affordable housing advisory committee will be commissioner Dlesson. Airport advisory committee mayor Yates. CRA board is all commissioners. Cultural arts advisory committee commissioner
Davis. Firefighters pension board. Mayor Prom Mercer. General employees pension board commissioner Birdong. Lakes Advisory Committee, Commissioner Birdong, Library Board, Commissioner Dolison, Multimmoal Transportation Advisory
Committee, Commissioner Davis, Planning Commission. Is that now Commissioner Davis? >> Yes. >> Thank you. Police Officers Pension Board, Tracy Mercer, Risk Management Committee,
Commissioner Mercer, Urban Forestry Advisory Board, Commissioner uh Dolison, >> yes. >> Central Florida Regional Planning Council, Commissioner Birdong. >> Main Street Winter Haven, Mayor Yates.
Pulk Regional Water Cooperative Commissioner Birdong with Mayor Prom Mercer as the alternate. Pulk Transit Authority Commissioner Birdong. Pulk Transportation Planning Organization. Commissioner Birdong,
Mayor Yates, Mayor Prom Mercer, Commissioner Dles is the alternate. Ridge League of Cities, Mayor Yates with Mayor Prom Mercer as the alternate Transportation Disadvantage Local Coordinating Board, Commissioner
Birdong, Tourist Development Council, Mayor Yates, Tourist Development Council Arts, Culture, and Heritage Committee, Mayor Yates, Winter Haven Housing Authority, Commissioner Dles, and the Winter Haven
Economic Development Council, Commissioner Bers >> correct. >> That's correct. >> Thank you. >> We will update that roster accordingly and have it available as need be.
>> Thank you. >> With that, we'll move on to our consent agenda. >> Mr. Mayor, >> yes. >> I move approval of the consent agenda in its entirety. >> Okay. With that, we'll close the uh commission
meeting. Open public uh open the uh public meeting. Anyone wish to speak to any of the items on the consent agenda? Seeing none, we'll close the public meeting, reopen the city commission meeting. Any more discussion on the
consent items? Seeing none, all those in favor signify by saying I. I >> oppose like sign. Motion carries. We have uh one resolution this evening. Um city attorney title only. >> Thank you, Mr. Mayor, Commission.
Resolution R-26-01, a resolution of the city commission of the city of Winter Haven, Florida, affirmatively accepting the conveyance of certain real properties from Poke County, Florida to the city of Winter Haven, Florida, as more particularly described in the county deeds executed by Poke County, Florida to the city of
Winter Haven and recorded on July 16th, 2025 in official records book 13625, pages 1361, 1362, and 1364. public records of Poke County, Florida, and providing for an effective date. Thank
you. >> Thank you, city manager. >> Mayor and commissioners, on July 22nd, 2025, Pulk County delivered five county deeds for vacant residential real property acquired by the county through the achievement process. Two of the
county deeds include or indicate a 124th ownership in the property by the city. As such, these county deeds will not be affirmatively accepted at this time pending further review by the city attorney's office. However, resolution R2601 formally accepts the three
remaining county deeds, each indicating all rights and interests are granted to the city of Winter Haven. Staff recommends the city commission approve resolution R26-01 and authorize city manager or designate to take further necessary actions
related to this matter. Thank you. Okay, motion. >> Yes, Mr. Mayor, move approval of resolution R2601. >> We'll close the commission meeting, open up public comment. Um, any members of
the audience would like to speak to this item. Seeing none, we'll close public comment. Any further discussion on this item? All those in favor signify by saying I.
>> I oppose like sign. Motion carries. Okay. We have several ordinance first readings this evening. Uh city attorney. Thank you Mr. Mayor. Commission ordinance number 02601 an ordinance amending chapter 21 of the code of ordinances of the city of Winter Haven Florida by amending a portion of
plan unit development ordinance 0-07-78 providing for the administrative correction of scrier's errors repealing all ordinances in conflict here within providing an effective date the general location the subject property is located in Lake Ashtton 2 generally located east of County Road 653 and west of
Rattlesnake Lake and consists of the common area parcels containing the amenity center and rights of way for the Lake Ashton 2 CDD. The area covered by this request is 54.18 plus or minus acres. Thank you.
>> City manager. >> Mr. Mayor and Commissioners, I'm going to ask our director of economic opportunity and community investment, Eric Labby, to present item 13A for ordinance 2601. >> Yes, sir. Mr. Mayor, commissioners, Lake Ashton to CDD is the petitioner. Uh they
request the city amendment of PUD ordinance 0708. This is uh this would amend the general common area for the PUD to allow for mobile food vending as a permitted use on the subject property. This is the
only proposed amendment to the PUD. Community events are scheduled at the Amenity Center for Lake Ashton 2 residents and they intend to include mobile food vending as part of these events. Section 2198 of the Winter Haven Code of Ordinances, which regulates mobile food vending, uh will apply uh
when they have um events. Uh the planning commission uh did hear this on December 1st, 2025, uh regular meeting and voted to recommend approval. No members of the public spoke. Staff does recommend the city commission approve ordinance 02601.
>> And mayor, for clarification, this will not be voted on this evening as it's a first read. So, we're recommending it be advanced to second reading two weeks from today. >> Okay. Which will be January 26. >> Yes, sir. >> All right. We'll move on to item 13B.
City attorney. >> Thank you, Mr. Mayor. Commission ordinance number 0-26-02, an ordinance amending ordinance 23-24, the 2035 Winter Haven comprehensive plan by amending the schedule of capital improvements portion of the capital improvements element of the city Winter
Haven comprehensive plan. Revising capital improvements element policies 1.1.7 and 1.1.8 repealing all ordinances in conflict with providing for the administrative correction of scriveners errors and providing an effective date. Thank you. >> Thank you. City city manager.
>> Again, Mr. Labby will present this item this evening. >> Yes, sir. Mayor, commissioners, um this is required annually by Florida statutes chapter 166.041 sub4. We must amend the five-year schedule of capital improvements within
our comprehensive plan uh to include uh all budgeted city items that implement specific objectives and policies contained within the comprehensive plan and those future projects for which grant funding will be pursued. Um per the capital improvement element policy
1.1.3 only those projects with a minimum cost of 25,000 and a minimum service life of 5 years are included. Uh, it also adopts by reference the FDOT 5-year work program, the Pulk County 5-year transportation work program, and the and
the five-year work program adopted by Pulk County School Board. Um, again, the planning commission did hear this on December 1st, 2025. There were no public comments and staff does recommend approval of ordinance 02602. >> Again, Mr. Mayor and Commissioners, this
is being recommended for movement to second reading two weeks from this evening. >> Okay. We'll move forward to 13C. >> Thank you, Mr. Mayor. Commission. Uh, ordinance O- 26-03,
an ordinance amending the Winter Haven Code of Ordinances, Chapter 21, article Roman numeral 7, division 5, relating to approval of subdivision plat providing for repeal of conflicting ordinances, the administrative correction of discriminators errors, codification, providing for severability, and
providing for an effective date. Thank you. >> City manager, >> Mr. Labby will present, sir. Yes, sir. Mor commissioners during the 2025 legislative Florida legislative session uh Senate Bill 784 was passed by the
legislature signed into into law and became effective July 1st 2025. Uh the most significant change uh is that this is a approval of um the final subdivision plat is now required um to be administrative through city staff
instead of the city city commission. This should sound familiar. We recently adopted a policy that implemented Senate the requirements of Senate Bill 784. This is the actual code revision to uh codify those changes into our code of
ordinances. Um this was heard by the planning commission and staff does recommend that the city commission approve ordinance 02603. >> Thank you. No vote on this one. We'll move it forward to January 26. Item 13D, Ordinance 26-04, City
Attorney. >> Thank you, Mr. Mayor. Ordinance number 0-26-04, an ordinance amending the Winter Haven Code of Ordinances. Chapter 21, Article Roman numeral 2. Table 21-32A, the table of land uses. Chapter 21, Article Roman numeral 2, Division 3, general
regulations for all zoning districts. And Chapter 21, Article Roman numeral 9, section 21-532. definitions all relating to certified recovery residences, providing for repeal of conflicting ordinances, the administrative correction of scrimmers errors, codification, providing for
severability, and providing for an effective date. Thank you, >> city manager. >> Thank you, Mr. Mayor. Mr. Lavyby will present this one. I do want to point out this one is a public hearing. Uh so we will have a vote at first reading on this one upon his presentation of the
item. Mr. Lavyby. >> Yes, sir. Again, during the 2025 Florida legislative session, Senate Bill uh 954 was passed by the legislature and signed into law and became effective July 1st, 2025.
Um Senate Bill 954 revises chapter uh 397.487 487 sub15 of Florida statutes by requiring local governments to amend their land development regulations to provide reasonable accommodations uh for certified recovery residences by
January 1st of 2026. Certified recovery residences are a type of residential facility which provides individuals with addiction treatment uh with addiction treatment a place for re-entering society after completion of an addiction
treatment program. Um, effectively, uh, this adds a definition for certified recovery residences to section 21531, the definition section of our code of ordinances, and revises table 2132A,
which is the table of land uses to add certified recovery residences as a special use in the AG, RE, R1, R2, R3, R4, R5, RM, MX, C2, and C3 zoning districts.
um and I2 zoning districts and as a permitted use in the PI zoning district. Um we then go on to reorganize that chapter um because we had to insert this new section. So the fact sheet uh enumerates in a table which se sections
are now reumbered. Um there is no direct financial impact to this to the city with this request. Um it is an ordinance pertaining to the amendment of the city's land development regulations which is enacted um for compliance with Senate Bill 954.
Um therefore it's exempt from providing a business impact statement. Um staff does recommend the city commission approve ordinance 02604 and authorize the city manager or his designate to take all action all necessary actions related to ordinance
02604. >> Thank you. >> Thank you Mr. Mayor. >> Yes. Move approval of ordinance 02604. >> See that we have a motion to approve. We'll close the uh commission meeting, open the public comment meeting. Uh, is
there any that wish to speak on this particular item? Seeing none, we'll close the public hearing, reopen the city commission meeting. Is there any further discussion on this item? Seeing none, all those in favor signify by saying I. >> I. I.
>> Opposed, like sign. >> Motion carries. That completes our first readings for this evening. We've got a couple of new business items. Sorry. Florida job growth infrastructure grant
and agreement for railspur be city manager. >> Thank you Mr. Mayor and members of the commission. So we have three items this evening as I had discussed during our agenda review of last Wednesday. These all pertain all three new business items
pertain to the development of a rail spur. for construction of a rail spur uh at the intermoal logistics park um south of wastewater treatment plant 3. These include a grant agreement with the state of Florida for a Florida job growth
infrastructure grant, the approval of a cooperation agreement that spells out the various responsibilities and obligations of the parties involved in this project, and then finally the award recommendation for the actual
construction. We're going to divide this up uh with Mr. Labby presenting item 14A, Mr. Murphy presenting item 14B and Mr. Carnival presenting item 14 C. So with that, I will ask Mr. Labby to present the Florida job growth infrastructure
grant agreement. Yes, sir. Mayor, commissioners, as I'm sure you recall, on December 9th, 2024, the city commission authorized the city manager to submit a job growth grant application to the Department of Commerce, requesting $1.5 million toward the
construction of a rail spur at the Winterhaven CSX Intermoal Terminal to a proposed 41acre Chick-fil-A, then called Project Ray, foodgrade cold storage facility. Upon review of the grant application, it was awarded and the governor announced the award at the
Winterhaven Central Florida Intermo Logistics Park on March 10th, 2025. A grant agreement between the state of Florida Department of Commerce and the city of Winter Haven has been negot negotiated and finalized. The agreement provides for grant payments of up to
$1.5 million to the city of Winter Haven to be used towards the design and construction of the rail spur on a reimbursement basis. The um the city Chick-fil-A and the developer Trap Properties will jointly provide uh project design and construction funds
through a cooperation agreement. I believe that is next on your agenda. Um, the city is responsible for $100,000 of the project's total cost. The Department of Commerce will be expected to provide the full 1.5 and grant funds and all
remaining costs will be the responsibility of Trat and Chick-fil-A. When the project is complete, the city will transfer ownership of the rail spur rail spur and uh rights to the easements within which the rail spur will be constructed to a commercial property
owners association known as the Central Florida Interotal Logistic Park Property Owners Association, Inc. which will be which will then be financially responsible for ongoing maintenance and operation expenses. Uh according to the grant agreement, the
city shall commence construction of the rail spur on or before March 15, 2026. Bid documents uh for the project have been prepared and published in advance of the city commission's consideration of the grant agreement and staff anticipates commencement of construction
prior to the commencement deadline. Um the total again the total cost for construction of the rail spur is estimated to be approximately $3.3 million. The city maximum contribution to the project is $100,000. The cooperation agreement contains
further details uh regarding financial obligations of all the parties. Um and staff recommends that the city commission approve the Florida job growth grant agreement with the state of Florida Department of Commerce and authorize the city manager to execute same uh and take any further action
necessary thereto. Thank you. Thank you, Mr. Mayor. >> Yes. Move move approval of the uh Florida job growth infrastructure grant agreement for the rail spur and authorize the city manager to execute
all documents necessary. >> Thank you. We have a motion for approval. So, we will close the commission meeting the and open for p um the public hearing meeting. Uh is there any individuals that would like to speak on this item?
Seeing none, we'll close the public hearing, reopen city commission meeting. Any more discussion on this item? Seeing none, all those in favor signify by saying I. I. Oppose. Lystein. Motion carries. 14B.
>> Thank you, Mr. Mayor. Again, uh, one of the items that accompanies the Florida job growth infrastructure grant agreement is your approval of a cooperation agreement. uh for which I will ask city attorney John Murphy to present that item for your consideration and vote.
>> Thank you uh Mr. City Manager. And as um city manager and Mr. Lavyby have indicated, this is a followup of the grant agreement you've just considered and approved. The rails for project involves public installation of approximately 1.25 miles of railroad track running from the CSX Southern Y to
the east property line of the Chick-fil-A cold storage facility grounds. As you heard before, the total cost of the rail project spur project is expected to be at or near $3.3 million. To better define the rights, responsibilities, and obligations of the
city, Chick-fil-A's subsidiary distribution company supply properties to LLC, which is referred to as CFA, and of property seller Tat Properties LLC. We have uh drafted a joint jointly
drafted a cooperation agreement which is before you which contains all the material railspur financing design construction ownership and maintenance terms. According to the cooperation agreement, the city is responsible to design, permit, and construct the railspur as well as provide a city
maximum contribution toward railspur project costs in the amount of $100,000. Trat and CFA will then provide interim project financing to the city using a city accessible draw down escrow account with the escrow agent as identified in
the cooperation agreement who is first American title insurance company and ultimately the department of commerce is expected by the parties to commit the full $ 1.5 million in reimbursible grant funds once those project costs have been incurred. So,
the way it will work pursuant to the cooperation agreement is that both Chick-fil-A and TR will deposit monies into an escrow account maintained by the First American Title Insurance Company and they will be responsible uh based on the uh percentages outlined in the
cooperation agreement for their respective shares, all of the costs beyond the $100,000. And then the city will then make a payment request. The only change from what was discussed on Wednesday is that on Friday, we did get agreement from
Chick-fil-A and the uh escro agent that the city would need to submit payment a payment request within 15 business days of when the uh payment request is certified by our uh engineer. And that is so that we can comply with the
uniform prompt payment or the local government prompt payment act because we will ultimately be responsible to our contractor to make payment in accordance with that statutory scheme. So therefore uh we wanted to make sure that the cooperation agreement included contractual terms which allowed the city
to in make a payment request and then require the escort agent to pay us so that we can then make payment to our contractor. So really the city in in a sense is just a pass through. But in order to get the monies from the grant,
the project had to be designed and solicited by a public entity. And then ultimately once we have cons had the rail project constructed we then plan to convey that over certainly by way of
deed of easement and whatever other warranties we have uh to the property owners association for them to maintain and operate the rail spur. Essentially it'll be a rail spur and then there are some design u documents that were attached as an exhibit. Um, I think that
has also been changed. Instead of the detailed design documents, we have a conceptual design, but it's it's a track that comes off the main track and then there's a little side track um that will go right into the Chick-fil-A cold storage facility. And then the tra
entity in Chick-fil-A will then be responsible for the ownership, maintenance, and operation of that facility once it's constructed and in operation and use. There may be more um such rail spurs that come down the line. I don't know. But this this project is a
um is kind of unique. It's certainly the first time we've done it here in Winter Haven. And although we anticipated this back as early as 2006 when this uh when the interotal facility came into came into uh conceptual and and ultimately
opened. So, this is a uh this cooperation agreement uh does articulate all of the rights and duties and responsibilities of the parties as it relates to this rail spur project. Um it is um again uh the city's
maximum contribution is $100,000. We do expect to get the $ 1.5 million in grant reimbursement from the Department of Commerce. We will need to likely get an extension of time. I think right now the Department of Commerce grant agreement that you've just approved
requires construction to be complete. Is it by June 30th, 2026 and um while that's certainly our goal, we may need some some additional time. I think the Department of Commerce will cooperate with us likely based on what
they see is happening tonight. Um, and so at this point, uh, we would recommend that the commission approve the cooperation agreement, authorize the mayor and other municipal officials to execute the cooperation agreement and any any other related documents, as well as authorize and instruct the city
manager to take any further municipal action pursuant to and in accordance with the cooperation agreement in accordant in order to accomplish its purposes. uh which includes but are not limited to designing, constructing, and delivering the rail spur. I will tell you that we
are collecting documents that are signatures, but we haven't gotten them all yet. I prefer to recommend our commission sign last, if you will, so that we know that we're signing a complete document. Um, and we did get something from Chick-fil-A today, which shows their signature. We're still
waiting for the title agent and for Trat. We have their attorneys working on that. I expect to have most hopefully all of the documents ready within the week. Um, that's important because then the next item that you're considering is the awarding the bid and time is really of the essence to get this moving
forward, but we can't really do any work or even give a notice to proceed until we've got all of these things in place. So, that that would be uh my our recommendation is to approve the cooperation agreement. >> Thank you, Mr. Mayor.
>> Yes. move approval of the uh corporation cooperation agreement among all of the parties and that uh staff and mayor sign is appropriate. Thank you. Motion to approve the
cooperation agreement. This time we'll close the commission meeting. We'll open public the public hearing. Anyone in the audience wish to speak to this item? Seeing none, we'll close the public hearing, reopen the city commission meeting. Any further discussion on this
item? Seeing none, all those in favor signify by saying I. >> I. Oppose. Like sign. Motion carries. >> 14C. Thank you, mayor. Um, again, this is the third piece of the puzzle when it
comes to the rail project, and this is the award recommendation for the actual construction. And deputy city manager Carnival will present. Thank you, city manager. So, again, as as stated, this is the construction piece. Uh, so to meet the goals of the grant agreement
and the cooperation agreement as outlined, the city advertised ITB 2614 for construction and received three bids. RW Summers Railroad Contractor Incorporated of Pulk County was the lowest most responsive bidder at 3,330,22. Uh, this is expected, the city's
expected to provide a financial contribution to the project in the amount of 100,000 as the city attorney stated. All construction costs in excess of the city's $100,000 contribution and the expected 1.5 million in Department of Commerce job growth grant reimbursement funds are the collective responsibility
of Traton CFA per the cooperation agreement that was just approved. The city is not expected to bear any of the management, maintenance, operational or repair costs related to the railspur project once construction is complete and the project and easement are assigned to the interotal park property owners association.
staff recommends the city commission award ITB 2614 to RW Summers Railroad Contractor Incorporated in the amount of $3,330,2 and authorize the city manager or his designate to take any and all further actions necessary and related there too.
>> And Mr. Mayor um and commissioners, just a additional point on that. We will not issue any notice to proceed uh with that project until everything has been sent to Florida Commerce. We have all the
documents back and they give us the authorization to actually do the notice to proceed on construction. >> All right. Railsburg Construction, Mr. Mayor. >> Yes. Move approval of the rail spur
construction award recommendation to RW Summers Railroad Contractors Incorporated of Pulk County, Florida. Thank you. Motion has been received. Uh we'll close the commission meeting, open public hearing. Any
members of the audience wish to speak to this item? Seeing none, we'll close the public hearing. Reopen the city commission meeting. Any further discussion on this item from the commission? Seeing none, all those in favor signify by saying I. >> I.
>> Oppose. Like sign. Motion carries. Okay. City commissioner liaison reports. Uh, Commissioner Mercer, you want to go first? Um I attended the PSC evaluation meeting for the aviation fuel supplier here at
city hall and also attended online FLC legislative session preview webinar which is in preparation of um all of the Senate and House bills that will be presented next week in the legislature.
>> Thank you. Uh, Commissioner Davis, I know you, you know, first night. Any extra credit you want to report on? >> No, thank you. >> All right. Gave you a shot. All right. Commissioner Donaldson, >> I just want to welcome uh Commissioner
Davis tonight and uh just an honor to have you board and um look forward to working with you uh for the next few years and uh know the election was a fun process and uh so I can certainly relate to that. U
and uh you had great support and it's just wonderful to see uh the kind of support in Winter Haven that that goes forward. Uh so I'm looking forward forward to a great opportunity to do some great work. Uh a lot of issues and initiatives that I think that uh your
expertise and background certainly will be very helpful to this commission. So thank you so much. >> Thank you. >> All right. Mayor um excuse me, Commissioner Mercer didn't correct me. So that's that's it's Mercer's fault.
Uh >> well, we it's it's been a long time since we had a meeting, so I've had several events. Uh the Wolverine uh weekend activities, including a parade and a banquet, attended all those, a
prayer breakfast, attended all of those events. Uh attended the uh Tabith House uh lunchon. It was actually uh their first annuals, so that was nice. um attended a HCA er ribbon cutting. We
have now a uh a third emergency room hospital in the city, well close to the city of Winter Haven. It's on Havenale Boulevard. So, uh and it's HCA and it's it's a brand new facility and
it was it's really nice. attended the TPO meeting, attended the Pope uh transportation disadvantage, local coordinating board, and enjoyed the employee celebration even though I
didn't win any of the the the pool prizes. I don't know if it was fit. No, it wasn't fixed. I know. I know. Uh and then finally uh well I attended the Central Florida Regional Planning Council uh meeting of which uh it was my
last meeting is the chair. I'm still on the committee, but I'm no longer the uh the chair. And uh finally, I attended a PSC valuation, which was sort of unique
that I hadn't seen that before where uh there was only one bidder and um which it was a lot of money. Yeah, I mean it was a big contract, but uh they explained that uh the the the bidder
that bidded on it had had work done that related to that particular uh project. And so I was just because I'd never heard of a s sole source for a contract that big. So they explained it
to me and I was I was pleased with what they told me. So that's it. >> Thank you. Okay. Um, and and risk of repeating a lot of the things, basically just did a lot of the end of the year stuff like everybody
else. And um, so I I'll leave that and just for a moment say if I could draw it up, I couldn't draw it up any better than being able to work with the individuals up here on this commission. being able to work with the individuals
that we have on city staff from city manager, deputy city manager, city clerk, even the city attorney. Um, >> I appreciate that. >> You sure? >> We have our moment. Uh,
and and all of city staff. I mean, I there's a lot to mention, so I can't mention everybody, but everybody. It's just we run a worldclass organization here, and we don't always do it right. We make mistakes, but we we fix those mistakes and we learn from them and we
move forward. And we just have a worldass city here in Winter Haven and uh no place I'd rather live. With that, I will say on I'm going to give a little bit of homework to my commissioners. This section I think has evolved over
the years. City liaison report, city commissioner reports. if you want to see this change at all, like you know, why don't we report it this way or what? Let's, you know, put put the thinking cap on. Maybe it's fine. Maybe we just leave it alone. But, you know, if you
want to do see this section be any different. Um, let's let's talk about it at the next agenda review meeting. Um, and with that, we'll move on to the city attorney report. >> Thank you, Mr. Mayor Commission. And, um, again, I just want to welcome Commissioner Davis um to the commission.
I had the privilege of in addition to working here, I get I have an opportunity to work with Commissioner Davis at the school board and um his keen insight and um his his talents are very obvious at the school board. So, I think that will carry over very well um
as an elected official and so it's a privilege to work with with him and and everyone on the commission. As Mayor Yates just said, this is if you could draw this, this would be a perfect setting. And and nothing is truly ever perfect, but we
have a very very collegial and a very forward and um a very good commission. Um and and a and a great city, and certainly uh it's with gratitude and and great honor that I continue to be able to to be a part of this uh this whole
enterprise. So, um, I wish everyone a very happy new year. This is our first meeting in 2026. Took a little while to get used to that. Um, and then I also wanted to remind the mayor, I won't bother you about any ties that you might have to wear for games and all that, but
you do need to give the bling back. Um, when when we uh, >> gold, I mean, yeah, it's it looks pretty good. Um, but yeah, that's all I have tonight. and and it's just um it's just great to be able to work with with all of everyone here. So, thank you.
>> Thank you, city manager. Thank you, Mr. Mayor. A couple items for this evening. Again, you heard from our MLK steering committee a number of events that are taking place. I encourage you to attend all those that you can. Uh certainly one
of the the highlights of that is the uh lunchon on Friday where we will also recognize some historical uh historically significant individuals in our community and then our parade on Saturday morning and if uh I know that
the my assistant Amanda Joe Nicholson will coordinate with you uh for any questions you have on transportation with the parade and where to be when. Um, city commissioners will be traveling beginning Wednesday of next week to
Tallahassee. Uh, legislative session kicks off tomorrow and our Pulk County Day is very early this year. So, it will be somewhat of a hectic time in Tallahassee, but we will travel on Wednesday. Uh, Pulk County Day will
commence uh in full swing on Thursday and the commission will return back to Winter Haven on Friday. That agenda is still being finalized. Uh again, committee meetings are still being added to the calendar and so Katrina Hill, our
director of public affairs and communication, is coordinating on what our full agenda will be and we will get to that to you as soon as possible. C offices will be closed on Monday in observance of Dr. King's holiday. Uh and
with that, Mr. Mayor, I look forward to working with you in your leadership role in governing these meetings. Mayor Prom Mercer likewise. Um, as well as the members of our boards, uh, particularly our CRA board which met earlier this
evening. Uh, I thank Mayor Yates for serving as the chair of that and I understand Commissioner Dolison is our vice chair of that committee. And last but certainly not least, welcome aboard, Commissioner Davis. look forward to working with you and planning out the
rest of your orientation with us. Thank you, >> Deputy City Manager. >> Nothing this evening, sir. Thank you, >> city clerk. >> Ditto owe to all the comments made this evening. Thank you. >> One last thing. I did just completely
forget until Vanessa's voice came into my ear. There is a reception immediately following this meeting. Uh certainly the public is encouraged and welcome to stay for that. It will be in our somewhat tight conference room across the way, but the clerk's office has put on a
beautiful uh event for us this evening. So, if you're able to stay and visit with the city commissioners, please do so. Thank you. >> Uh deputy clerk. All right. >> I just have one more. >> Yes, sir.
I've been invited to celebrate a lady that has turned or is turning. I can't believe it, but this is 111 years old.
This is on my calendar for um Thursday of this week. 111 years old. I I recall uh doing a a proclamation for this
person like five years ago, six maybe seven years ago cuz she was 103 or four, something like that. She's 111. I can't wait to get there to see this lady. And her name is Gertrude
Williams. 111 years old. >> Please wish her a happy birthday from all of us. >> I will. >> I'd have to live to 111 to match my golf
score. >> With that motion to adjurnn. >> All right. She's