City Council - Regular Meeting

Good afternoon. Good afternoon. Good afternoon. As you can see, we had a little celebration beforehand, so let everyone take their seats. I'd like to welcome everybody to the City of Apopka Commission meeting for July 1st at 1.30. I would like to recognize Commissioner Barron for the invocation.

Mayor, commissioners, audience, residents that are here with us, as well as those that are watching online, I have the honor and privilege to introduce you to my neighbor, my friend, and Pastor Steve Coleman for FaithWorks Church. He will give us our indication for today. Pastor Coleman.

Thank you. Heavenly Father, in the name of Jesus, we come before you today in these chambers on behalf of the city of Apopka. We call upon you, O Lord, the highest power, the spirit of truth, the one with all authority for your help, your guidance for the mayor and commissioners of the city. We cancel every spirit of division and call down your spirit of unity. We cancel every spirit of conflict and speak the peace of God, which surpasses all understanding into this place. We declare the spirit of wisdom, which is Christ, to overcome every obstacle that may arise. Let respect and resolution become the new song that is sung in these chambers that resonates across this city. Let harmony, inclusion, and empathy become the new standard that inspires not only Apopka, but surrounding cities, institutions, and even the state. let results be the progression and be the new motto and banner of apopka the city on a hill shining as it was imagined to be so long ago we proclaim today we can do it better together lord let all things in this place be done in decency and in order for the benefit of your people let the spirit of christ's unity and harmony flow Let it flow from the mayor to the commissioners. Let it flow from the commissioners to the city staff. Let it flow from the city staff to the fire department, police department, sanitation department, and every department. And finally, let it flow from these halls to the street of Apopka. That it may regain the status it once held in 2013 as one of the friendliest towns in America. But let it be reborn, imagined, and regained right here in City Hall. Now may the God of peace, whom through the blood of our eternal covenant, brought back from the dead of our Lord Jesus, the great shepherd of the sheep, equip you with everything good for doing his will. And may he work in us what is pleasing to him through Jesus Christ, to whom be glory forever and ever.

In Jesus' name, amen.

Commissioner Barron, if you could lead us in the Pledge of Allegiance.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands,

You may be seated. Thank you for that. And thank you, Pastor Coleman. Really appreciate that. We will move on to our public comment time. We just, I think, sent out the paper. So if you want to get those, feel free. Ms. Bone, who do we got up?

So I have 15, 14. You want to go first? Thank you.

Francina Boykin, 1484, Elderton Drive, Apopka, Florida. To the dais, nice. The Apopka feasibility study to annex southern unincorporated Apopka into the city limits is flawed. Months ago, Apopka selected the only bidder from a company to conduct a feasibility study for $88,000. And now another company will be charging the city $44,000 for the same study. What changed? Real estate mogul LT Hunt in the early 1940s sold land to poor black people who were banned from living in the city, south of the TOA and SAL railroad tracks. That was a caveat to all of his deeds, securing the purchase of only persons of color or of Ethiopian race or descent could buy land or remain in there. Oakland subdivision. It shouldn't be difficult to conduct a feasibility study of unincorporated Apopka when the census declared the community to be economically depressed. City of Apopka is spending $44,000 is a waste of your taxpayers' money. Mr. Charlie Taylor, owner of vast acres of farming land east on Cleveland Street in unincorporated Papka, was the first victim of eminent domain. Where now the city of Papka wastewater treatment is located, processing millions of gallons of raw sewage a day from Apopka's massive development on the north side of town to the unincorporated Apopka. And not to forget the police department deafening gun range that is located in the same location which is we all probably now shell-shocked from the daily gunfire. Residents living in unincorporated Apopka are the bowels and have been the bowels of the city and the county. What will be done to change that? Thank you.

Thank you, Ms. Boykin.

I'm sorry. I tell you, every time I come up here, I still get nervous. I don't know if anybody else does. It's my tall stature. So I got to prepare a speech from Sierra. She wants me to stay on script. So good evening, mayor, commissioners, and members of our community. Thank you for allowing me to speak to you tonight. My name is Michael Duran. I am the father of fallen Apopka firefighter, Austin Duran, and founder of the 2650 Foundation. Four years ago on June 30th, 2022, Austin was critically injured while serving our community. For the next 15 days, our family lived in the hospital, holding on to hope and praying for a miracle. Those 15 days we experienced from the very best of our community. firefighters and friends sat with us and brought us food. Complete strangers prayed for our family. City leaders reached out with their support. We never walked through those days alone. Although Austin passed away on July 15th, we made a decision as a family that those 15 days would never be remembered only for tragedy. Instead, They were become 15 days of hope. And this is what brings me here tonight. Each year from June 30th to July 15th, the 2650 Foundation invites our community to join us in turning one family's darkest days into a movement of hope, service, and gratitude. It's our way of honoring Austin's life by giving back to the very community that carried us through those difficult days. We began with the quiet tribute yesterday, where anyone could stop by, reflect, and remember not only Austin, but all of the first responders who make the ultimate sacrifice. Throughout the 15 days, Feed Our Firefighters initiative allows families, businesses, and organizations and community leaders to adopt a fire station by providing a meal. This year, the community, city leaders, friends, and family has once again successfully filled every department and every shift. We also have pages of hope where children will visit a local fire station to hear stories read by firefighters, hoping to build trust and positive relationships at an early age. We are inviting the entire community to join us for the Chipotle fundraiser. It's an easy way for families to enjoy dinner together while giving back because every portion of every qualifying purchase will directly support the mission of the 2650 Foundation. The Oak community will host the Duran 2650 Heroes Workout, which encourages people to challenge themselves physically while remembering the strength and sacrifice of those who served. We will close the 15 Days of Hope with our Run for Hope 5K, a celebration of community, resilience, and Austin's lasting legacy. It's a day where people of all ages can come together, not only to run or walk, but to stand beside our firefighters and support the mission, improving firefighter training and safety. Every event has a purpose. Every event is rooted in service. Every event reminds us that even in the face of unimaginable loss, hope can still bring people together. Tonight, I want to personally invite each and every one of you to be a part of this year's 15 Days of Hope. Attend an event. Share our schedule with your friends and constituents. Encourage others to get involved. Your voice helps us reach more people, and together we continue to build a community that supports one another when it matters most. At the 2650 Foundation, we often say that hope is something that you choose. Four years ago, our family choose hope. Today, because of this community, that hope has grown into something much bigger than us. Thank you for your continued support of the 2650 Foundation, for standing behind our firefighters, and for helping us to ensure that Austin's legacy continues to inspire service, compassion, and hope throughout the community. We hope to see you on the opening days of our 15 Days of Hope, and any additional information is on our website at the 2650foundation.org. Thank you guys so much. I appreciate you. Thank you, Mr. Duran.

All right. Thank you, first mayor and commissioners and the community for all the donations of food, clothing, hygiene items that you've given to me for the compassion of Apopka. The room was packed that night. We celebrated Juneteenth, and we also celebrated Fourth of July all at one time. The room was packed. The food was awesome. The clothing was enormous. The hygiene items were very needed. The room was filled with peace, which I prayed for ahead of time, and harmony. I watched and spoke to each guest as they came in, welcomed them. Most of them came in exhausted from the heat. And when they left, they left with encouragement and a smile. And I only used myself as a piece. to extend what the community is doing for them. I would like to talk about what we're going to do in July. The 27th of July is our next event. We will be celebrating Christmas in July. Okay, so if there are things or ideas that you have to help me with that event, I would really like your opinions. Right now, heat exhaustion is something that is very prevalent among most of them, and myself included. You know, the heat is just something awful right now. So if you can think of things such as I did see online that there are cool rags that you can put around your neck to keep the, you know, to make it cooler. I also know that water, Gatorade, any of those kind of things that you could donate would also be very helpful. I will remind you that you can find me on Compassion in Apopka. on Facebook, and I also have cards and things available for you. Again, I appreciate all your help, support, and love, and your prayers that continue to have me moving in the way that I believe God is leading me. Thank you. Thank you, Mrs. Street.

Thank you. Andrew, just get up here.

Good afternoon. It's an honor to speak with you everyone today. I'm here to talk about, my name's Andrew, by the way, sorry, Andrew Reyes. I am the owner of the Oak Fitness Community here in Apopka. And I am here to talk about, in partnership with the 2650 Foundation, kind of tailoring off of what Mike Duran just said, and just mention, we are a part of the 15 Days of Hope and hosting the Duran 2650 workout at Northwest Rec by the amphitheater. It's going to be on Saturday, July 11th, as shown on the slide earlier, and it starts at 7 a.m. We are looking for volunteers to help with that event for setup and breakdown to help athletes stay cool. As was just mentioned, it is hot out there, and we are trying to keep that in mind as we progress through this event. So with that, we need volunteers to help with that. We are also looking for vendors and sponsors to help support the event as well. There is a raffle that's going on for the event, and every... that is donated to the raffle items or to the raffle tickets to purchase a raffle ticket, 100% of the proceeds go to the 2650 Foundation to benefit everything that they stand for. Now with this, it is a free event to participate. So anybody is welcome from the community, from the dais, I would love for you to see all out there, but this is... I'll see all the women out there.

I'll stand on the sidelines.

You can pour water on somebody's head. That's totally fine. We'll allow it. It's okay. That's why they sign waivers. But yeah, we are looking for volunteers, vendors, sponsorships, and participants with this free event. All right. All the information, registration, registration to participate, registration to volunteer, to also be a vendor or sponsor is on our website. It is theoakcommunity.com. And if you want to go directly to the page, it is forward slash Duran. or durian 2650, either one. So thank you for your time. I really appreciate it.

Thank you, Mr. Reyes.

Thank you.

Thank you.

good afternoon mayor and city commissioners my name is joshua halter drive apopka florida as we celebrate 250 years of american independence i wanted to read a song by probably the most famous singer or person from apopka john anderson this song holds a special place in my family as john grew up hanging out with my grandmother and her 10 siblings who sharecropped on an orange grove down the road from his family on Apopka Boulevard and also attended the same school. Seminole Wind was released in 1992 as an homage to the history and plight of the Seminole people who have inhabited Florida for centuries. This song has become an anthem for our state and goes as follows. Ever since the days of old, men would search for wealth untold. They'd dig for silver and for gold and leave the empty holes. And way down south in the Everglades, where the black water rolls and the sawgrass waves, the eagles fly and the otters play in the land of the Seminole. So blow, blow, Seminole wind, blow like you're never gonna blow again. I'm calling to you like a long lost friend, but I know who you are. And blow, blow from the Okeechobee all the way up to Micanopy. Blow across the home of the Seminole, the alligators, and the guard. And progress came and took its toll, and in the name of flood control, they made their plans and they drained the land. Now the glades are going dry. And the last time I walked in the swamp, I sat upon a cypress stump. I listened close, and I heard the ghost of Osceola cry. So blow, blow, seminal wind. Blow like you're never going to blow again. And lastly, I just wanted to thank you, Miss Virginia, for everything that you do for the homeless community in Apopka. Being someone who has relatives that are unhoused in the city of Apopka, that means a lot to me. So thank you.

Thank you, Mr. McMillan.

Thank you for that. Sylvester Hall.

Thank you.

Well, get your.

what is this right here i just gave it to you

Sylvester Hall, good evening. Good afternoon, everyone, mayor and commissioners. Everybody in the room and everybody listening just pretty much stood up for the pledge. And I love it when we say one nation under God, indivisible, with liberty and justice for all. We all say that proudly. But we all know that's not reality. And so when I come up here, I try to remind you of that. And for over two years, I have been saying this. In the city of Apopka, in the state of Florida, and in our country, too many good people are standing by watching bad things happen and doing nothing about it, remaining completely silent. We have to stand united against racism. We have to stand united against hate. We have to stand united against corruption. We have to stand united against greed. And we have to stand united against white privilege. When we normalize the abnormal, we desensitize the truth to the point the truth doesn't matter anymore. And that's where we're at in our country. And I'm reminding everyone, as I always do, when we are selecting our elected officials to serve us, to serve us, not to dictate us to serve us. The truth matters, laws matter, morals matter, ethics matter, leadership matters, character matters, integrity matters, principle matters, rules matter, facts matter, procedures matter, Honesty matters. Accountability matters. Responsibility matters. Justice matters. Content matters. Wisdom matters. And all God people matter. The letter that you see is a letter I received about a week ago, maybe a week and a half ago. And it says, you have no right to speak about Mr. Duran's loss, especially when you mention white privilege at every opportunity you get. You are an embarrassment to the black community, apocalyptic black community. If you believe you're helping by preaching this nonsense, you are wrong. It's the opinion of many that you are an idiot. Okay. And I appreciate that person's opinion on me. But let me tell you who I am. I am a father of four. I am a husband of 41 years. I am a grandfather of two. I was in the delivery room for all four of my kids, and I delivered one. I'm a proud veteran of 20 plus years of the United States Navy. I have a degree in business. I'm the proud part owner of two small businesses, and I'm a child of God. So I say, It's funny how people can say things about you, but it's what you responds to. So I appreciate that personal opinion. And I would say to every person, when you get up and when you stand up for what's right, you're gonna be crucified. And I challenge you, anything I say up here, I challenge you to fact check on the common sense and just simply good dignity and human respect for each other. Mayor Nelson, when I left your victory party, I asked everybody who was there, I said, if you remember only one thing that I say, remember this, And I said, we have tried everything in this country but love. It's time for us to give love for each other a try. Thank you. Thank you, Mr. Hall.

Thank you, Mr. Hall.

Good evening, mayor, commissioners. Let me first start out by saying, I truly thank each and every last one of the commissioners along with the mayor. Thank you guys for at least letting this feasibility study go forward. At least you're gonna get the information. You're gonna give the information to the citizens. so they can make a conscious decision. You know, on this 250th anniversary, let's think about coming together. Let's look in Apopka. When it comes to Christmas, it's on that side of town. When it comes to Martin Luther King, it's on this side of town. You hear people get up and speaking about how bad this is for South Apopka. You have to understand that I don't speak for everyone in South Apopka, but I do know that people are suffering in South Apopka. As they suffer in South Apopka, if you go to your finance office here in the city of Apopka, you're still making money off the people in South Apopka. This is the reason when you hear me say, and I'm not trying to be derogatory in any kind of way to anyone. This is the reason when you hear me quote Harriet Tubman. She would have freed a lot of slaves if the slave son would have known that they were still slaves. There's a lot of people have the slave mentality. We still have people that have a master mentality. But it's time, like Sylvester Hall just stated, it's time to try love. It's time to arm the people in South Papaka. Let the people in South Papaka make a decision. Let those, the ones that come up and kick against it, you have to look at the ones that sin. It's ludicrous. It's just down. That's it. Well, I don't want to say that because I don't want nobody to feel that I'm poking at no one. But I will say this. Instead of you trying to kick against people, why don't you try to bring them together? That's the reason you hear me use the term symbolism. It's time to shut that out and it's time to come together.

Thank you. Thank you.

Thank you. Oh, I sent on June 26. Would you.

Mr. Mayor, is it okay to load it now? I did send you on June 26th.

I don't think we have time right now. I apologize for that. But if you can, just review it. We'll make sure that for next meeting that you're here, we take care of it.

Sure. Good afternoon, Mayor, Commissioners. My name is Dr. Jim Moyer. I'm the elected Orangeville and Woodard Conservation District 2 Supervisor. And first, I have to thank you for sending in the Marines here for celebrating the 250th. It was great to see my fellow brothers. If I may quickly read here, according to the United Nations, we're on the dawn of an era of global water bankruptcy, which means to me, in my view, that the job of the Orange Sioux and Water Conservation District is more important than ever. to work in conjunction with other governmental entities and to protect land and water resources here in Orange County. Water is a finite resource. It doesn't last forever and it sustains all life. This UN report I was talking about says that the McCronic, groundwater depletion, water over allocation, land and soil degradation, and pollution, all compounded by global heating, which we've all experienced. Again, we're on the dawn of an era of global water bankruptcy. This report that came out in January says that by 2030, AI will have guzzled as much water as 1.3 billion people in Sub-Saharan Africa consume in one year to meet their domestic water needs. And by the way, that's about 14% of the population of the world. It goes on to say, that you, meaning all of us, are going to have to decide if you want to continue using your water for agriculture or if you want to use it for data centers. And again, as I've shared with you many times, water is the key to life. And as I've shared before, I promote a D2C3 water challenge with the first seed being change your habits, second seed being conserve water use, and third seed being clean water bottles. Thank you for your time as always, and God bless you for everything you do, and happy 50th anniversary. Thank you, Dr. Moore.

Thank you. All right. Those are the cards that we have turned in for public comment. Is there anybody else that maybe didn't turn in a card that would like to speak right now? If not, I will close out the public comment period. We're going to move on to the proclamation. I'm going to step down so I can present that. All right. So I will read it and then we'll step down and take a picture here. Whereas on July 4th, 1776, the Second Continental Congress adopted the Declaration of Independence, affirming that all people are created equal and endowed with unalienable rights to life, liberty, and the pursuit of happiness. And whereas the year 2026 marks the 250th anniversary of the founding, of the United States, a milestone commemorating the courage, vision, and enduring ideals that shaped our nation. And whereas the United States semi-quincentennial presents an opportunity for all communities to reflect on the shared history, honor, and diverse contributions of generations of Americans and celebrate the principles of freedom and democracy. And whereas the city of Apopka recognizes the sacrifices made by those who defend and defended our nation, the achievements of those who helped build it, and the ongoing responsibility we share in strengthening our democracy for future generations. And whereas Apopka residents, organizations, schools, and businesses contribute to the vibrancy and resilience of our community, embodying the American spirit of service, innovation, and unity. Whereas the city of Apopka is proud to join municipalities across the United States in commemorating this historic anniversary and encouraging civic engagement, historical education, and community celebration throughout 2026. Now, therefore, I, Nicholas L. Nestor III, Mayor of the City of Apopka, Florida, do hereby proclaim the year 2026 as 250th anniversary of the United States Declaration of Independence in the City of Apopka and encourage all residents to participate in local events and observances honoring our nation's history, heritage, and hope for the future. Thank you. Commissioners, if we can please step down for a picture.

Thank you. Cheers.

All right, we'll move on to our approval of minutes. Is there any changes? Do we review them? Any conversation on it? If not, I will ask for a motion to approve the meeting minutes for June 17th, 2027. Moved by Commissioner Ruth.

Second.

Second by Commissioner Barron. All those in favor say aye. Aye. All opposed? Motion carries unanimously. For agenda review, obviously I think everyone can see that Mr. Williams is not here today. Him and his wife had their beautiful baby this morning at 7.19 a.m., weighing in at 8 pounds, 3 ounces, and 20.5 inches long. Both the mom and the baby are doing very well. I did ask for permission to make sure I could read that, and he said yes. So I'm not giving out information I'm not supposed to. So I'm just praying for the family to get home, have fun, and start that journey. I think many of us know it all so well.

Congratulations.

Yes, congratulations to the Williams family. So we're excited for them. Moving on to the consent agenda. Anything that we need to pull or any discussion items?

Two and three.

Two and three. Yes. So number two is the approval of code enforcement settlement agreement. And they're both code enforcement settlement agreements. Yes, we can pull those. So I will look for a motion to approve consent agenda items one, four, and five. Move by Commissioner Anderson, second by Vice Mayor. All those in favor say aye. Aye. All opposed? Motion carries unanimously. Who would like to discuss code enforcement? Mr. Hanson. If you can, just give us a brief, a quick update of what we're approving, and then we can ask any questions from there.

These are two of the old ways that they were doing it before. they basically already paid their liens and all that. And you guys are just approving that moving forward. You're going to be able to approve the settlement agreements before they're paid. Correct. These are the, these are two of the old ones.

Okay. And, I asked them to be pulled. I asked for them to be cold and primarily because they kept showing up on the consent agenda and I wanted to take a deeper dive into the background and the historical precedents. It was set with the lean fine. Some of these, some of these amounts are. Robust. Yes. And but I wanted to make sure that, you know, we wasn't using this for revenue source, but then on the same token, I wanted to bring it into the daylight instead of the dark. In the past, you know, those settlements were done outside of everybody's. And I just wanted to know if there were standard set or matrix for how the fine started, the length and duration of the fine. Was it one of those things where you just assess the fine and then you leave it, forget it for three or four years, rack up this tremendous amount and then come back in on the back door and then ask for, you know, the fine to be settled far exceeding anybody's ability to recover. And We had a lot a long conversation. I did get the back story of it, but I did want to go back and make sure that the previous council meetings we had Rick was lumped in with the consent that we brought that out into the open to where we, we could actually examine it in the daylight. absolutely no and i appreciate staff uh assistance with it and uh moving forward there there's a road map now that that's written and uh it's going to make everybody available to the information we're going to be part of the process

Okay, excellent. Yeah, I mean, and that's the thing. That was something that as I came in, the code enforcement process was just different, different than what I preferred. And so we did make some changes. Half of that was moving it over to building as well as the process in general. One being that it didn't make sense that we would... settle or staff would settle an agreement, payment would be received before this commission would approve it. Because if we don't approve it, we just took cash in that we shouldn't be taking.

Or we left cash out there that we weren't involved with the settlement agreement.

So is that – is the ask or the expectation moving forward that you want the commission to be a part of the negotiation process for the fees, or – I just wanted it brought out in the daylight.

Okay. Got it. If it's in the daylight, everybody can examine it. If it's done in the dark, then I want to know who these people are that are making those – either the deny or the request. I wanted it to be open to them.

I think being – open to all you guys. I think that's going to be the best way moving forward. Okay. Yeah.

Perfect.

Cool.

I appreciate that then. Is there any other comments on that?

No, I already talked to Mr. Hanson about what I would like to see in terms of packet wise, um, that is brought to us when Ruby beauties. Um, but I think that's more of a system issue, not so much an issue.

We'll have to get with, with Edmonds, see if they can, if I make it.

No, to be more clear about it. Um, so it's, And looking at the printout that was provided to us, the chronological order of how things were done, trying to lead in terms of, painting a picture, if you will, where we're looking at this, it's kind of mixed up. And chronologically, I would like to see when this resident or business was first contacted, why, and then the communication overall. So in looking at the paperwork, the details, I'm like, okay, this isn't making quite much sense. So if we can get that in chronological order. And one of the other things, if I may, Mr. Hanson, one of the other things that I noticed was on the... Violation of notice. It's the one that we were provided today. It actually had today's date on it. And so I was like, that's not going to be okay in terms of if somebody renews that and they're going to question that. So we need to look at why our system creates that if you look at the violation of notice. So I'm like, date of notice is July 1st, 2026.

And moving forward, hopefully ComCake, our new software, we won't have to worry about any of that anymore. So moving forward, we should be good.

So it's more of a chronological. It's not so much in terms of what we're looking at. It's just the way our system is. Paint the picture for us. So that way we, as a commission, can make a concise decision. Sure. Thank you. Absolutely.

And that feedback is very well received. And we will make adjustments to make sure that this is a little more detailed and just paints the right picture. And not that it paints accurate or inaccurate, just facts.

Just a picture.

Just the facts of what it is so that you're not having to dig and try to decide, you know, take too much time. It should be well spelled out. So well received on that. Any other comments specific to this?

No. No, only because I realized that a lot of the code enforcements are from the past. Correct. And so, like, there's one here from 2021. And then here they are. Did they pay the 2021? And you're just bringing it to us in 2020.

No, they just recently paid. There was one that was paid, though, a couple of years ago. I think back in 2022, there was one paid. It just was coming down.

Yeah.

And one had to go through the city attorney right at night when one went through him. So.

So my question is, they come for code enforcements, and I know you used to sit on a lot of those meetings, and they do present the fine and that they kind of agree on the fine. It's done with the judge that's actually in code enforcement. The special magistrate. The special magistrate. Is there an end date? Like, is there a date that they have to pay that fine? Who determines that date? Maybe that's basically what I'd like to.

So there's, and this, Lieutenant Wartman's here, so he can provide a little more feedback, but I won't speak out there. I'm going to let him speak knowledgeably about it.

This transparency that we're having right now is primarily why I wanted this discussed.

So what's the question?

When the fine is determined and the I'm going to say defendant. The person is being told, okay, this is your fine. Is there a date given to them by which they have to pay that?

Yes. So what it is is most of these are delinquent fines that have been going on for years where they haven't come into compliance and they've ran the course. That's why some of the fines are so high that you're seeing this because they aren't coming to compliance. They have to repeat it at times to make contact with them. When they actually come into compliance, they contact the code enforcement division where they enter into a negotiation process with the manager of the code enforcement where they come to generally between 10 and 20% of that final fine or the value of the home, whichever is less. So it's not, if the fine's $2 million, it's gonna be based on the value of the home, which is gonna be significantly less, generally 10 to 20% of that. And through that process, they'll be asked how much time they would need to pay that fine if an agreement is met, which is 30, 60, 90 days, whatever is determined, the amount of time that they need. And that's when the settlement will be drafted. It will come before council for your approval first before moving on to the next step of submitting payment and then having the lease of the lien. Does that make sense?

Is there anything in our ordinance that say 30, 60, or 90 days? No. So who determines that?

That would be up to the code and force manager, John Hanson, where I used to do it as well. And it would be generally an arm's length negotiation between the two parties, the homeowner, the property owner, and the city. That's what the attorney has recommended in the past, which we've been doing in the past, just we're kind of changing the steps now of where it goes before council, before payment is made, and that you approve the whole agreement first.

So that's kind of arbitrary then, 30, 60, 90.

Well, it depends. It used to be when we would collect payment first, they would give them 30 or 60 days. And if they needed more time, they could ask for an extension. But in this case, where it's coming before council first, it could be up to six months. It could be a year. It depends on the time that they need to come up with the payment for it.

So is that going to be updated so that we can see that? Which part? Yeah. Only because I have a concern because I do look at the code enforcements and I just find strange that some pay it right away and then some don't. But then I say, well, when do they have to pay it? And it's not in the paperwork.

It is. Usually you'll say they have within a certain amount of time where the agreement is null and void. It could be 30 days, whatever is determined between the negotiation process. They say they need six months to pay it. Then we give them a six month end date on it. If they don't pay it, then the the document is null and void at that point. It's written inside the agreement, the amount of time, but there's no set timeframe of always 60 days or always 90 days.

Okay. Commissioner, I just think my concern is the 10 to 20 percent settlement agreement rule, like who determines who take 10 percent, 20 percent. And hearing some feedback from some of the residents is that they feel that depending on the relationship the person has with, you know, with the city, depending on if it's paid a 10 percent or 20 percent. So I think we need a standard of what that looks like. So it won't be, well, like this person, you know, 10 percent, this person, 20 percent. There should be a set standard right now. There's not a set standard. No, there's not. feeling of the person at the time and what relationship they have with the person.

No, there's no set standard.

And I think it definitely should be a standard.

Generally, when I was doing it, it's generally around 10% was the absolute.

But there's been where it's not 10, 20%. So I think we definitely need that set standard so everyone could be treated the same way.

Sure. That's something that could be discussed. If you want a set of specific percentage, that's something that could be discussed.

And keep in mind, the goal of code enforcement in general is if we don't make a dime from this, that is best case scenario. It's compliance. We just want people in compliance. That's the whole point of this. We don't want to fine. It's not built for that. But we do need to have teeth for it. And I think having sat in those meetings, to your point, we have some commercial properties that tend to do it over and over and over and repeat offenders in that. So You do want teeth to it to make sure, because if we don't have fines to it, we want compliance at the end of the day. But at the same time, to your point, if somebody doesn't have the shrewd negotiating skills to negotiate this down, they stuck with a certain number. Totally agree with that. And so I do think it's something that I've been looking at as well to kind of bring in something consistent across the board, regardless of who you know, what you know, socioeconomic status, age, anything.

Here's what's going to be paid. I just want to make note, some of these, like I believe it's the Saddleback or the Sharp Street one was actually in a foreclosure and that agreement was settled through the city attorney through his process with the other attorney. So some of these actually get settled by the attorney as well. They call us for consultation, but they're the ones who do the final settlement on it with your approval, of course.

Okay.

Understood. Thank you. Any final questions? No. Does anybody from the public wish to speak on this? I know we already did have public comments, so make sure I provide that opportunity. All right. Public comment on that? I'm looking to approve consent agenda items number two and three. Moved by Commissioner Ruth.

Second.

Second by Commissioner Barron. All those in favor say aye. Aye. All opposed? Motion carries unanimously. All right. We'll be moving on to business item number one, the Ridge Phase 3.

Good afternoon. For the record, Bobby Hall, Planning Manager. This is the quasi-judicial request for the Ridge Phase 3 Major Development Plan. The request before the City Commission this afternoon has approved the Ridge Phase Parcel 3 Major Development Plan. Subject property is located within Parcel 3 of the Ridge Plan development, generally located near Boy Scout Road and Okoyeapopka Road. The proposed development area is on the western portion of Parcel 3, with the remaining portion reserved for future commercial office development. under a separate development plan application. As you can see, the parcel is highlighted in the yellow on the screen. The rest is reserved for the other development. The property has a mixed use future land use designation and a PD plan development zoning designation. The Ridge PD was established by ordinance number 2858 and later amended by ordinance number 2938. The proposed multifamily development is consistent with the approved PD master plan and does not change the adopted land uses or development capacity for parcel three. The Ridge PD was established by ordinance number 2858 on July 21st, 2021 and was amended by ordinance number 2938 on July 27th, 2022, which expanded the overall development area. The overall Ridge PD is a mixed-use development consisting residential, commercial, office, industrial, and recreation uses. Parcel 3 encompasses approximately 30.49 acres. Approximately 14.37 acres are allocated for the proposed development, and the remainder of Parcel 3 is identified for future commercial office development. Parcel 8 is identified as the lake recreation area. and central open space amenity for the PD, which is located right here. That's intended to serve the larger mixed-use development, including the subject parcel. The proposed multifamily portion comprises of 363 dwelling units within 11 apartment buildings, a clubhouse, leasing building, pool, parking areas, internal drives, sidewalks, landscaping, utilities, and related site improvements. Staff also confirmed with the applicant that EV charging stations will be incorporated in the project as part of the construction site plan submittal. Access to the development will be provided through Boy Scout Road, which is up here. This is that northern access point right there, as well as through the extension of Bronson Lake Drive to Okoye Apopka Road, which is down here, which is noted as a parallel facility to Boy Scout Road. The plan identifies internal access drives serving the apartment buildings and parking areas with proposed turn lane improvements to be reviewed further during construction approval. The MDP preserves future coordination with remainder of parcel three by showing cross access and pedestrian connections to the future commercial office development, which will come forward under a separate MDP. The plan also identifies a pedestrian connection toward parcel eight community park area. The landscape plan includes perimeter parking lot, foundation, and internal landscape that consists of plant materials such as southern oak, southern live oak, Schumert oak, southern magnolia, Florida flame, red maple, crepe myrtle, and Asiatic jasmine. Development review committee on June 3rd recommended approval of the ridge phase three major development plan, found it consistent with the comprehensive plan and land development code. and approved the major development plan based on the findings and facts presented in the staff report. That is meaning on June 9th, the Planning Commission found the proposed Ridge Phase 3 major development plan consistent with the comprehensive plan and land development code by a vote of 4 to 2, with members Woods and Harrison dissenting based on transportation access and roadway improvement considerations. Recommended motion this afternoon is to approve the Ridge Phase 3 or Parcel 3 major development plan. That's the conclusion of the presentation. Myself and the applicant are here for questions.

Thank you, Mr. Howell. Before we take a deep dive into this, Attorney Hand, if you can give us a brief rundown or reminder of what quasi-judicial means while we make this, go over the decision-making of this.

Mayor, I'd be happy to being a quasi judicial item. Uh, essentially, I guess the best way to describe it is to differentiate it from a legislative item. When you have a legislative item, you're essentially voting on the item and there is a, uh, there's more discretion to the board, uh, higher standard. Uh. When you go to a more differential standard, rather, when you're in a quasi judicial setting, what the board has to do is consider the evidence that's presented before it and evaluate that evidence by the criteria that ultimately guides the decision. and important to note that essentially what you're voting for you're sitting in a quasi judicial because you're sitting up there as like a panel of judges to actually decide if those criterions are met it's not a situation where you're necessarily voting your conscience but deciding whether or not adequate evidence has been presented to satisfy those criteria Thank you for that.

With that, does anybody from the dais have any questions?

Well, just on an ex parte, I did have a meeting with Mr. Ken Walsh yesterday. And that was basically to go over the ridge because this has been going on for five years. And I was a sitting commissioner from the very beginning. So we kind of went over some of the site plans and how it was intentionally planned. And of course, I will say this, I did tune into the DRC. I actually, I believe I was here because I came for another agenda item and the ridge was actually being presented. And I was also here for the planning and zoning meeting. And again, I came not for the ridge, but it was another agenda. agenda items. So I got to hear both of them. And so yesterday when I sat with Mr. Walsh, it was basically to kind of address some of the concerns that were brought up both at DRC and at Planning and Zoning. And of course, it had to do with the transportation, the right hand turn. And I believe the two commissioners that descended from the Planning and Zoning, it was they wanted the developer to kind of give them what would be the impact of existing residents when the development would start? And I remember asking that specific question was, what's the timeline for the development from start to finish? And so that was given to me where he said two to five years. So, and I know that there's a widening of the road, which now it's our responsibility. So I was trying to get some clarity on that because initially I thought from 2021, and I did say that to Mr. Walsh, I thought it was a partnership that they were going to kind of help us widen that road. But then I think the Second Amendment changed that for the development agreement and the city would be responsible. And we have a grant, if I'm not mistaken. So it's basically the city that is going to be responsible for the widening of the road. Have we started that yet?

Still in the process with the build grant. As far as the widening, I can defer to Mr. Semenovsky, the public works director. It's kind of under his purview, but we're still working through the build grant criteria.

So basically, when this development starts, because some of it has already been developed.

Yes, a lot of it has.

Yeah, a lot of it was developed. So this particular area, by the time they even start to kind of turn dirt, we will be starting the road at some point and kind of be in conjunction with it.

Yeah, that should be the case. Now, keep in mind today, we're just considering the major development plan that does not authorize construction. We're just still, this is a process still. We still have to go through the construction site plan. Then after that, if that's approved, then they have a pre-con meeting, pre-construction, then they're able to turn dirt.

So, I just kind of wanted to talk about the things that. I spoke with Mr John Walsh yesterday and. So, that's basically right.

Yeah, thank you. I also had a meeting as well. Mr wash yesterday and what some of my concerns what the words roles in the infrastructure and we kind of went over the timeline. I do have some other questions about it in regards to I think we acquired the, when did we. And he wasn't really sure. So the city purchased the land from the developer. Is that accurate?

For which property? Which part?

So for the turn lane, there's a partnership. And I actually don't have it in front of me. I thought I did. I think I left it back in the office. There is a partnership. And we kind of spoke to that yesterday. Is it OK if I? Because that's really important.

Please, yes.

Would you kind of? OK, thank you.

Yes, Commissioner Kevin Walsh. What we were speaking about at that time was the partnership that we worked with the city on in regards to the Binion Road, Boy Scout Road. the new 429 ramps coming down. We helped provide it. We bought some land in that area. We provided some right away from our original development, along with some of the adjacent property to allow the city and CFX to build the 429 new ramps that are going in. That's what I was referring to at that time.

Do we know what the status of that is, that particular thing?

That's internal for us. We're doing to the point that was made there. We are partnering with the state on that one. And I don't know the status of that. Mrs. Sanchez, I think, was possibly running with that.

Yeah, she's running point on that one. We're still in process on that. It looks like we might.

Is there a time frame? Because I know a resident asked me about it, but I just said I didn't have a time frame. So do we have a time frame in place? I just want to make sure that I'm able to. All right.

It's going out to bid for a constructor, so we're still working through that. So I can't provide you a timeline.

When will we go out to bid?

We're working on that right now.

Is there a time period for working on it?

There are people that are doing that, and it'll be going out soon.

Is it two weeks, three weeks, a month? Because they're asking me, I say time frame, they ask me two years, three years.

I would probably say more than a month. Because it's important. Because she's out of town right now, so we'll get with her, and then we'll make sure that that information is coordinated. OK, yeah, because I'm sure there is something there. And as we're going through budget season two, I'm sure that's causing a little bit delays on just getting some things out. So which makes sense because we got a lot going on on the budget side.

So I want to be able to have because with residents, you know, I always respond, you know, we're working on working on it, but I'm not able to give them a time.

Yep, we'll work on that. Absolutely. And make sure that that is articulated out as well. OK. Any other questions? Was that it?

No, the only question, and I think we spoke about it during our gender review, was I know we're focused on Binion and Boy Scout. However, we still have to look at Boy Scout and Ocoee-Apopka Island. That is a very busy road, and it's a road that needs some attention in terms of just that intersection alone. My concern is that we need to get an intersection up there. I know we spoke about it, but I just want the public to know that I am advocating for making sure that we have an intersection at light, whether it's just a post light there, because trying to make a left turn trying to make to go towards unincorporated orange county to the city or even trying to make a right turn might be difficult i'm also concerned about the bronson lake drive that That corner there, along with Akoya-Papka, perhaps maybe a three-way stop, something that will alleviate the traffic. I'm not an engineer, but I'm just thinking about the residents that take that route periodically or trying to leave their residence to get to work to try to make it easier for them. So it's just something that I want to make sure that we have that in discussion as well. Yes, ma'am. Thank you.

I too met with Mr. Walsh on Monday. I love your product. You're doing an amazing job. After the conversation I had with him, I then had my staff review with the staffing. And all the concerns that I laid out in my earlier meeting I approached staff with, and that's where it got very convoluted. In the last decade, we've added 6,000 residents right in that area, and nothing's changed. I did find in that conversation that there was going to be two red lights that are coming that are strategically located in an ideal location. There again, the information I was receiving backwards. Yeah, we got this. Don't have a due date. Don't have a start date. And then I'm being asked to approve another 365 apartments, which is going to turn into 1,000 vehicles to an area that's already overburdened. The infrastructure is lacking at best. That force main that goes there, which is going to be upgraded when they do the four lanes, I see a lot of attention drawn back on us that's going to be painful at best for the next five years. I'm having a really, really tough time with this. You got a fantastic product out there and we're underperforming on our side. So I'm trying to make this digestible enough that I made a promise to get on this nice and I'm just trying to live up to my obligations. And I really appreciate the deep dive that we took on the project because I asked some pretty tough questions and got very truthful answers. And actually, it was received well because the information you were giving me is assuring that we're giving a quality product. I just think that on the backside of that, we got to do a little bit better.

Well received, and I completely agree with you. And that's why I wanted to have Attorney Hand kind of explain the difference between quasi-judicial versus legislative. We do have to look at the facts of the property in this project and application itself. I do want to comment on the Boy Scout and Ocoee-Poplar Road. Similar comments I'm receiving as the safety being able to turn in and out of there. And I know that we've been working with public services to... evaluate if you can comment on that. So I don't want to misspeak. Appreciate you.

Good afternoon, everyone. Vladimir Simonovsky, public works director. We're working right now with one of our consultants with metric engineering to perform a warrant analysis for always top. So at least we can Do something in the interim solution, like, stop the bleeding right now and we're looking into potentially putting a temporary traffic light. Because the widening of the project, we do the final traffic, we're going to have to remove it after that and reconstruct everything. And that project widening off currently depends on the federal grant. So, until we receive the money, we can't really start construction and.

We have already applied for the grant already?

Yes, we have been awarded for $17.4 million, I think, and total project is $21.7 million. 20% is, of course, the share for the city, and 80% is the federal grant. So we're in the process of submitting the final documents for that, and then the cycle will start, and we'll see how fast the federal government will turn around.

Yes, keep in mind there's a difference between awarded and getting a check. So just make sure there's a time delay there. I just want to make sure that that's, awarded sounds great, but I don't get that check for, we don't get that check for a long time. So Mr. Somanowski's team is working hard on making sure that that comes through, but at the same time in the interim, we need to make sure that that intersection is as safe as can be. and prioritizing safety. So we are looking into that. And what I was educated on is that we can't just throw up stop signs wherever we want, although we may want to sometimes. It needs to be backed by some data and information just in case something happens that it makes sure that it's solidified there. But I think the need is well warranted that I don't think I'm not worried about a study coming back and saying it's not warranted. It's just we've got to get that and then be able to implement something quickly to make sure that quality of life for the residents in that area is high and safety is increased.

Because I heard Jean at the planning and zoning, she said there's a corridor study that is being conducted.

The corridor study was done by VHB back in 2022. Okay. And that was conditioned for applying for the grant, for the federal grant.

Okay. But they did lower the mileage per hour there from 45 to 35. Okay.

To my recollection, the four-laning will remain as a 45 when it narrows down from 13th Street over to Houghton, that section, because of the limitation of the right-of-way. It's going to be lowered to 35.

35.

Correct.

And then she mentioned something about roundabouts. Yes.

No roundabouts are being looked at.

There will be one.

Commissioner Anderson was speaking about on the west side, Binion and Boy Scout.

Binion and Boy Scout, that's part of the CFX design.

Correct. Part of the road. Yes. Any other questions from Ladai?

Final comments? I have met with the developer as well a few times throughout the past few years, specific to this project, so I'm just making sure that was disclosed as well. We'll open it up to the public. Any public comment?

From Boy Scout upon Binyon, where is this?

This will probably show it a little bit better. So this is Binyon and Boy Scout.

This is Boy Scout. This is Okoye-Apaka. This is the site.

OK. So it's mostly the one behind Brunson.

Yes, sir.

Well, OK. What I would like to know, Where this going in, I don't know if you remember, Commissioner Ruth, that used to be a dump. It used to be, I think to the left of it, it used to be that great big old mansion-like house.

There's Stuart Bronson on it.

Yes. And right to the right of it, that's where people used to dump gas tanks. lawnmowers, motors, and a while back up under the last administration, I asked the question, did they do the brownfield? Did they do the flood study and all that? And they said, oh, no, it wasn't a dump. It was just a place that people put trash. That was a lie. I played in it. You know, that's where we used to go rabbit hunting. But if you come on up Boy Scout to Binion Road on the left-hand side, where they're putting in some kind of commercial building in there. Now, immediately, somebody needs to be there to put in a three-way stop sign or something right now. Because you need to get the developers, if you look to the south, You can't see nothing coming off the hill. And I don't understand how in the world you're going to put in a four-way lane there, come across right there, and you got a bridge there. Going north on Binyon, well, going towards Plymouth on Binyon, you already got one roundabout there. And the last administration, we got a big community going in behind Binyon, I mean, behind Mark Helen, our community. Now you got people coming out on Binyon off of Beardsley Road. And when you come off Beardsley Road down on the right-hand side, you have Camp Wewalk. You got the S curve down through there. How are they going to work out with a roundabout on that end? It needs to be some more engineering. It needs to be some more studying. And before you just start throwing houses up in there, it's already enough in there. You remember we had a conversation with the last developer about moving the entrance from Maude Helen Street back down to John's Road, where it runs past Martin Meadow, where the COVID's at. And I'm telling you, man, when you pull up to Binion Road, it's a crapshoot. Because if the one turn it to the right, all the way up on Boy Scout, if somebody turned it on the right, they get up too far. You can't see the turn left. You don't know what's coming off the road. It needs to be some more work done on that.

Thank you, Mr. Bell.

Thank you.

Any other public comment, please.

Thank you, Steve.

Mayor, commissioners, Jim Moyer, 1811 Southern Red Oak Court in the north part of Ocoee. And as the name implied, Ocoee-Apopka Road connects the second and third most populated cities in Orange County, both neighbors here. And just for your information, the closest major hospital to North Ocoee is AdventHealth in Apopka. There's no major hospital closer, even in the city of Ocoee. And the ambulance will take a person from north Ocoee to AdventHealth in Apaka. So I just wanted to point that, the importance of that portion of 429 as well as Ocoee, Apaka Road. I just wanted to point that out. Thank you for your time. God bless.

Thank you, Dr. Moore. Thank you. Any other public comments?

I just have a couple of questions. Have there been any tests on the soil at all? that area? Have there been any tests on the soil?

I'll make sure to ask that. We're just going to rep a public comment, the phase ones in brownfields, all that stuff.

Yeah. Because when they come to you, all this is just a safety. We know the problems we don't have with water and everything else. So those type of things should be already conducted before it gets to you. And you should have those results in hand when you're evaluating things like this. On the coming out from... Boy Scout to Apopka, Valley Road, that area, we need to have something done now, not two, three, four weeks a year. We need something temporary now to deal with that. That is a blind side and it's an accident waiting to happen every single day, 20 to 30, 40, 50 times a day. So we need some temporary now to look at that and come up with some temporary that we can diffuse any accident because i i hate to wake up one morning and see somebody have tragically lost their life in an accident in that area so we need to do something now on that on that area i visit it at least three or four times a week and it's torture getting in and out of there thank you

Thank you, Mr. Hall. Any other public comment? Thank you. We will close public comment. If I can ask the applicant, phase one, any brownfield test, any environmental tests at all that were done in the results of those tests, please.

Good afternoon, Mr. Mayor, fellow commissioners. My name is James Hoffman. I'm with VHB. We're the applicants. I'm also here with Apopka Centerline Development, the owners. To speak directly to the question about soil testing, I don't have the detailed answers in front of you, Mayor Nesta. However, we have secured all necessary information permits to date for the project from both the city of Apopka and the St. John's River Water Management District for all development. Part of that standard process is environmental site assessments have to be done to identify any potential hazards. If any hazards are identified, there's escalated series of analysis that go through there. We have been developing the ridge for about five years. Part of that previous development was a comprehensive masquerading permit for the entire ridge PD from St. John's River Water Management District. And concurrent approvals through from the city for various parts that we have developed. So we have taken all the necessary regulatory steps to date. I don't have specifics in front of me on any. Exact results within parcel 3. however, this area was a previous orange grove as a lot of areas are with the freezes. That's no longer functioning. So gives way to development. The area under the apartments, we previously had a masquerading permit from the city and dirt was moved over as we balanced earthwork throughout the site. So everything was done in the sunshine through all the required permitting and regulatory processes. And this area, the soil, again, one of the aerials, and Bobby, I'm sorry, I'm not as familiar with your setup here. The aerial even showed that portion where the apartments are going to be cleared substantially. That was done in anticipation of this development. But again, we can provide details of the testing that's been done so far, but there is a very regulated process from the state and local ordinances that require us to do that for any project we develop, anytime you turn dirt. And if hazards are identified, there's steps that are required to go explore this further. I would like to touch on just a few other questions and concerns that came from the board. So as Bobby mentioned, and as noted in the staff report, we went through the PUD process in 2021. At that time, we explored the impacts to the city and worked through critical infrastructure elements such as utilities, transportation, and so forth. We've cooperated with the city through various phases of different transportation projects, including detailed reviews with the design consultant for the roundabout at Binion Road, work to make sure that our developments will work together with that. seamlessly and provide safer opportunity or safer traffic patterns in the region. We also extended several miles of offsite utilities, including Forge Main for the project, upgraded a lift station, master lift station for the ridge, well beyond the development's needs and anticipation of the city's future infrastructure needs. And to date, everything that we are proposing is 100% consistent with the PUD. And to date, we have met as a project team, all obligations from the PUD as agreed.

Okay, thank you for that. Any additional questions to the applicant or to staff? All right. Well, I will look for a motion either for anything for the major development plan for the Ridge Phase 3.

I'd like to make a motion that we either delay or postpone this until we catch up on our part. Our traffic, all we've done is we've identified problem after problem after problem with no answers. And I just can't bring myself to come forward knowing the traffic hazards that are there and the infrastructure improvements that need to be done and find it possible to vote for. So I'm not against the project. I'm against its time.

Okay. Attorney, can I ask you a question? Are we allowed to delay? I mean, because I know it is. Would that be an issue?

Essentially, that would amount to a tantamount denial and ultimately, if that's going to be the motion, you will have to cite reasons that these standards are not met and that would have to be part of the motion. So that would have to be presented in the motion and voted on as well. Certainly. What you're evaluating is whether you've received evidence that all the standards are met and it is within your discretion. if you need more information to potentially table the item to get the information that you need. But no, just to delay the project, for infrastructure reasons is problematic unless there's a clear articulation of a standard that is not met.

Well, it's clear that the traffic and the infrastructure to support this project is not currently there. And there's not a willingness from the staff to tell us what that timeline to even start it is. So you're talking about adding another thousand vehicles to a road that's already overwhelmed. It's clear that the infrastructure can't support what we currently have plus add more to it. I'm at a point where enough is enough until we do our part to do better with our standards.

So I think that I will amend. I'm not sure if you did.

Did you motion already to delay until we catch up?

So I will modify.

If I can, if I can just let that go through and then we'll. Okay. So is there any second to that motion from the board?

I'll second.

Okay. So with a second on this, again, there's not a time certain on this and we're not specifically stating what that is, but it is just a motion to delay until we catch up. So to follow this through, all those in favor of moving to delay until the city catches up on their infrastructure and streets.

Are we allowed to modify the motion to add something to it?

No, I mean, we can, again, we can make the rules because we haven't set our rules yet.

I don't know about delaying a project other than maybe tabling it for more information. Tabling it. Because delaying is... You have to kind of... Would you be open to a modification?

Can we modify? Are you okay with modifying your motion?

I'm okay with a modification as long as the infrastructure to support it is there or at least started before we move any further.

We can't... I think with a modification of your motion, we'll probably give you what you want. But I think just making sure that we're in compliance with the law, I think based on what the attorney recommendation is, my opinion is the way that structure will put us in issues with the wording of your motion.

Well, I mean, we got two standards here. There's a denial, which I'm clearly okay moving on that, or a delight. But the premise for it is solid with the... The supporting evidence that we've heard both from staff and the area, we can't support it via the traffic pattern. You know, you can say the traffic patterns there, but I will tell you this. You've never been to Boy Scout at five o'clock in the afternoon and tried to make a. left or right-hand turn. If you go on the crest where this new intersection is going to be, that line's busted in the last 10 years twice.

And if I may jump in just briefly. And I'm happy to get this one to motion. I'm not comfortable with the way that the motion is set. So I would be voting against that one. But what I would be open to is a time certain that we would delay this to get a plan back from staff of what this looks like. What type of timelines do we have? And then come to a final vote of Comfort 8. If it's not 5 to 7 or even not even a plan in place of improving some of these roads or intersections, then we can have that final say now.

The burden needs to be shifted back on us because we're the ones that can't answer the question. That will come up in the timeline. I'm already identifying where the problem lies.

I'm just not comfortable with a no time certain.

Yeah, me too.

So I'd like to bring it back at a time certain either next, not the next commission, we need a little more time than that, but either next month at this time or two months from now to be able to give staff enough time to evaluate all the roadways that we own here, the intersections, and then provide a timeline for what the city is going to be doing both for roads for any... All of it. Again, to your point, that's for us to do. If you're not comfortable with the project, you do have the option to deny this. It opens up litigious opportunities If we want to go that route, it is what it is, but that's why I want to make sure we were clear on the quasi-judicial side of this, that it needs to meet certain metrics, and we need to decide if it meets those metrics.

Yeah, but I don't want the dais to set the date of the next time it's approached, because staff has got to clearly identify the problems. It's a timeline that they're going to have to set.

So I totally agree with you. And what we can do is we still need to set a time, sir. And I just I don't think we can do a delay in perpetuity. But what we can do is when it comes back, if staff is not clearly and confidently ready to provide financials and timelines that they can commit to, then we can delay it again. I didn't even know until Monday that we on the road.

That's amazing.

Yeah.

Mr. Mayor, if I may. Yes.

Please keep it as brief as possible. Absolutely. As Mr. Howell noted, we're here today for approval of the major development plan. We have a lot of runway left in terms of final engineering plans. Things need to be started before we can even break ground. And then a construction duration before we even have residents. So I would proffer that. A delay at this point would be an undue burden on the project and our timeline to secure those approvals. But we do have... a long process before we can actually break ground and add any more trips to this road. So I would ask for staff to work with public services, confirm the details that are on the city side and in the city's court, and allow us to move forward to continue to work through our engineering process and continue this discussion.

And if I can just articulate something that he specifically stated, undue burden, is a very important term right now specific to the state legislature that allows a developer to now sue us if they feel, in articulating which the developer is right now, that there's an undue burden if we delay this, is what was just said.

So if we could table it. just table it. So then that way it allows an opportunity for you to continue the communication with our staff. That way we can make sure that we have all of our questions answered, including the soil. You can provide that report with us. You can provide that soil report along with the other reports and other questions that we ask. That way you can bring that to us and we will have those questions answered. our staff can make sure that they have their, they've done their due diligence in terms of what we need to do with our roads, what's the expectation is from us as a city. So that way we can create a collaborative effort together. I think if we can table that just for the moment and just perhaps put it on a calendar now, maybe for the beginning of August, or the second week, their second meeting in August. So that way it gives us enough time, gives you enough time as well. And then that way we can address it then.

So I just I kind of the same what the mayor was saying. I think that is more safer. I will move to deny your initial motion, Commissioner Ruth, only because I think it will put the city potentially. Yeah. So I think the vote that he did have.

So we get to get a motion in a second. So all those in favor to move to the delay until the city catches up with their infrastructure. Please vote aye now in favor of delaying. Aye. Aye. All those opposed? Aye. So that motion fails 3 to 2. Commissioner Ruth motioned. Commissioner Barron seconded and both voted in favor. And Vice Mayor, the Mayor, and Commissioner Anderson voted.

That was the suggestion. That makes more sense.

We just voted to correct.

But the information we're going to receive back is when are we going to get the traffic light? And the traffic study is going to be incomplete with a timeline of when these events will occur. That's correct.

Yes. Okay. Right, because we're in a really awkward position right now because we cannot burden a developer based on some of the issues that the cities have. Not them.

But the city's issues directly affect the developer and knowing that there's no way we can move forward.

We can't burden the developer.

in the city they're following our code right so we have to the city is something that internally that we have to you know i understand yes okay so and if i can just kind of wrap this up tight too and again keep in mind that the developer just stated very specifically that if we delay this it is an undue burden so they're saying delay at all is an undue burden uh so it's the decision of effectively uh is this commission ready and prepared to for litigation if we delay this in any capacity right now that's kind of the decision of what what i just heard and how i'm going to boil it down so i'm open to another motion so i moved to table

the major development plan phase three until the beginning of August and allow staff time to provide us a more detailed timeframe on when some of the roads that's in question will be started, developed, and also the developer give us, I guess the Brownfields, what was it Brownfields? Any environmental assessments prior to the meeting?

Turn of hand, would you like to comment?

I'm cleaning up.

Commissioner, if I can assist a little bit. What you're looking at is essentially five criteria here. And the question is, has adequate evidence been presented regarding the criteria? And of course, we're in a certain spot. This application is in a certain place. part of the development pipeline and process, which, as you've heard, construction and so forth does come later. A lot of these details and so forth emerge as the project moves forward. Whatever decision you make today should be solely based on the evidence you've heard and the criteria. And so if there's a delay, what I would suggest you do is look at the criteria and evaluate what information is missing. There's a set of five criteria. what you need to have so that perhaps at the next meeting ultimately if there's not if it can be provided to the board so that there's you can make a decision based on the criteria that may come sooner than later then you can proceed with that decision at that time that's what I would suggest

The five item criterias. Can you go over those five item criterias, please?

Best be if staff presented that to you. Oh, those five items. And what evidence has been presented. And it is listed in your staff report as well.

So then I can modify it to fit that. Page three, four. Staff report, page three, four. Hold on.

So the Development Review Committee, I'll just read them into the record. finds that the applicant has demonstrated confident, substantial evidence that, number one, the proposed development and the uses in the development plan comply with Article 3, zoning districts, and Article 4, use regulations. Number two, the development proposed in the development plan and its general layout and design comply with the standards in Article 5, development standards in Article 6, environmental standards. Number three, the development proposed in the development plan complies with all conditions of approval and any development approval or permission to which the plan is subject. Number four, the development is proposed and the development plan complies with all other applicable standards in this land development code and other city regulations. And number five, if any part of the development plan requires a plat, the plat is approved in accordance with section 252B, plat, and is a substantial conformance with the development plan.

So which number of these would coincide with the environment study?

That would be Article 6, environmental standards.

Article 6? Yes.

number okay number two okay so i'll modify so let me i guess i need to modify my motion so and just keep in mind as we do this it has to be competent demonstrated competent substantial evidence so it's i for me my background is not in our middle standards or anything like that so i cannot offer competent substantial evidence to say whether they have or have not um met that article staff has in some capacity. Yes. And so it's not just that we don't refer to maybe we don't have it in front of us. It's that hasn't been reviewed. And once we review it, Are we competent and able to provide substantial evidence to that? So although we can use that or that, I understand where you're going with that. We just need to be mindful that it's not just us saying that as our opinion. It needs to be an industry professional saying that this doesn't do this or that. So again, what this really truly boils down to, are we ready to litigate or not on this? because I don't know everyone's backgrounds. By any means, I can speak to mine. I don't have any competent, substantial experience in this. I'm not a professional in these top five criteria. So it is a balance. Does the city lack in a lot of infrastructure? Absolutely. But that's up to us and the development themselves have met from staff's recommendation, professional opinion, have met these standards. So I just want to make sure that that's all put together. This boils down to there could be litigation coming from this, depending on how we navigate forward, not to scare, not to threaten. We've got attorneys. but he is recommending that we handle this very delicately as well so that if this does go to that, that he can, him and his team can back us properly.

Mr. Mayor, may I add? I'm pretty confident that we, you know, outside of the study, we all know that traffic's the number one issue in the area. And I feel pretty confident behind that, that we would have the backing of the The people that put us on this diocese, we took that stance and I feel pretty confident in my attorney. I mean, we certainly pay for the best. I'm at that point with it. I took this stance to, if not reverse some of the sins of the past. I mean, that's what got us here. You know, the issues that we're currently, and it's everywhere you go in the city. Infrastructure, infrastructure, infrastructure, and it all falls back on traffic. Right.

So kind of what I was getting at is that, and I 100% understand that we definitely, if all the residents want to slow growth down, however, we still have to make sure that we are not putting more stress on the residents by costing, you know, taxpayers dollars in litigation. I see how we got here. when we are not making proper decisions and following the recommendation of our attorney. So in regards to, I feel comfortable with, and I'll just modify my original motion, is that we delay until the beginning of August the table. We table the bridge phase three major development plan until we receive the environment, Article 6 environmental standards, the reports that was used that the staff reviewed where they felt that the developers demonstrated substantial evidence because we haven't received it yet. So just give us time to receive it.

I have a motion. Looking for a second.

I'll second that.

Second by Vice Mayor. All those in favor say aye.

Hi.

Hi.

Hi. All right.

So all opposed? No? Opposed. I'm opposed as well. So that goes. So it is going to be tabled to August 5th to come back up with us to provide the information that was requested in the motion passed by motion by Commissioner Anderson, second by Vice Mayor, and then approved with Commissioner Barron, Commissioner Ruth, and Mayor in opposition of that.

Okay. All right.

Next up, we have ordinance number 3158, the first reading for the small-scale future land use amendment 4410 Chandler Road.

Ordinance number 3158. An ordinance of the City of Apopka, Florida, amending the future land use element of the Apopka Comprehensive Plan of the City of Apopka. changing the future land use designation from residential very low suburban to office for properties located at 1410 Chandler Road and 1420 Chandler Road. Owned by Richard Chandler, comprising 5.12 acres more or less, providing for severability conflicts and an effective date.

The applicant has a request that continues of public item number one and number two to the July 15th city commission meetings.

Okay. I don't think we're going to be continuing. They are. So that's what you're just saying. To the July 15th, both items.

Can you just be a little louder?

So the recommended motion is to continue the item to July 15th, the City Commission meeting.

And so with that, Attorney Han, do we need to approve this continuation? What does that look like? Or with their request, does that just automatically happen?

It would be best for the commission to take a vote on essentially tabling the item continuing to that date, given that it hasn't been removed from the agenda at this point. And should we provide public comment during this time too? Yes. You don't need to provide public comment to table the item.

Okay. So I will look for a motion to table ordinance number 3158 to July 15th. okay so uh moved by uh commissioner ruth seconded by vice mayor all those in favor say aye aye all opposed motion carries unanimously uh for ordinance number 3159 okay an ordinance of the city of apopka florida changing the zoning from rsf 1a

residential single-family estate 2-0 office for certain real property generally located at 4410 Chandler Road and 4420 Chandler Road. Owned by Richard Chandler, comprising of 5.12 acres more or less, providing for severability conflicts and an effective date.

This is the same property for the rezoning and recommending the motion is the same.

Thank you, Dr. Stone. I'm looking for a motion to table this item to the July 15th meeting.

So moved.

I'll move by Vice Mayor.

I'll second.

Second by Commissioner Barron. All those in favor say aye. Aye. All opposed? Motion carries unanimously. Thank you, Dr. Stone. Next up, ordinance number 3165, the annexation of the Bateman properties.

Ordinance number 3165, an ordinance of the City of Apopka, Florida to extend its territorial and municipal limits to annex pursuant to Florida Statute 171.044, the here and after described land situated and being in Orange County, Florida, owned by LMB Capital LLC, located on the southeast corner of Plymouth, Sorrento Road and Downman Drive, comprising 4.85 acres more or less, providing for directions to the city clerk, severability and an effective date.

For the record, Bobby Howell, Planning Manager. Applicants requesting annexation of 2850 and 2864 Downman Drive into the corporate litigants of the city of Apopka. The properties are shown on the map. There are three parcels. They're at the corner of Plymouth-Sorento Road and Downman Drive, and the total is approximately 4.85 acres. That's the property right there across the street is Bridal Path and the, I think, Whispering Pines subdivision. The name escapes me. I apologize. Future land use shows the properties are in the county currently. And then they have currently a county rural future land use designation and county A1 citrus rural zoning. The applicant has submitted a companion future land use map amendment requesting city mixed use that's currently under staff review. If the annexation is proposed, the annexation would be based on the existing county future land use and zoning designations, and those would remain in place until the city commission adopted a future land use and zoning on the property. Properties are also located within the transition overlay district of the Kelly Park form-based code area. The district is intended to provide a buffer between the higher density and higher intensity village center area and lower density areas outside the form-based code area. It is also characterized by single use or multi-use office buildings, medium density residential buildings, and urban single family homes, as well as allowing a range of uses, potentially including residential, office, medical and professional uses, restaurants, childcare facilities, parks and private recreational facilities, assisted living, living works, and certain civic, institutional, and utility-related uses. Any future development would require appropriate future land use zoning and development approvals through the City Council. If the annexation does not approve specific development plans or authorizes development of the property, Please note that the JPA between the county and the city does not require the city commission to annex property, nor does state statute. We've laid out the criteria in the staff report for the annexation, and the state does encourage the elimination of enclaves. With that, the statute 171.044, the Development Review Committee on February 18th, 2026 recommended approval as it is in compliance with state statute. The recommended motion this afternoon is accept first reading of ordinance number 3165 and hold it over for second reading and adoption.

Thank you, Mr. Holm. Anybody from the board have any questions of staff?

So this is a county right now?

It's in the county, yes, ma'am.

So is it an enclave because it's in the KPI?

It's not an enclave. So everything that you see in white, is county, if it was an enclave, it would be surrounded by stuff in color, which the color is city.

Any other questions?

I had a question just for the applicant, the potential .

Hi, I'm Denny Chiver. I'm the realtor representing the owner with the annexation. I've also helped annex the other two parcels to the south, the other two 4.85s. So this is the last of the three parcels that we're trying to get into the city. So we don't have anything on the table right now in development. We have ongoing talks with different developers, but nothing is on the table.

Okay, so that was my question for staff. So you guys don't know what the correct it'll have to come back before board or whoever but you guys do know you want to be in the city but you don't know what you're going to do with the correct we don't right there's no okay right we don't know okay so yeah so i just won't be comfortable approving any type of annexation especially without knowing what the impact will have on the on our city residents okay any other questions anything um all right i will open up to public comment anybody from the public who should speak on this matter

I will close public comment then. Any other final comments from staff? Anything up here? No.

All right.

I'll look for a motion for ordinance number 3165.

I move to deny the approval of the annexation for Batman properties.

Okay. I've got a motion to deny.

So moved.

I got a second by Vice Mayor. Moved by Commissioner Anderson. Second by Vice Mayor. All those in favor say aye.

Aye.

Aye. Aye. All opposed? Opposed. no okay so it's uh that denial moves uh four to one uh with commissioner ruth in opposition okay thank you All right. We are on to commission reports. What I do want to, I've been meaning to, so there's no surprise moving forward. Input, okay, kind of the order that we're going to be doing. Everybody said you're not surprised at which way we go. I didn't get in this time. I apologize for that.

No, it's in there.

But I've been trying to rotate them properly.

No, it's in there.

Is it?

Yes.

It's in there.

Okay, never mind.

I did it right. No, I'm kidding. It's there. So we start with Commissioner Barron.

Yeah, let's go. I don't have it on my copy, but I'm glad. I didn't have it on mine. That's all right. So it was wonderful to be able to celebrate our country's 250th anniversary. So it was a great event brought by the Apopka Museum. So wonderful to be able to participate. My family and I will be participating in the 15 Days event. uh to give back so we will be serving station four on july 3rd and the station five on july 4th um so we'll be uh providing meals for them uh my husband and i will be doing the 2650 on july 11th so i just have to say that i do not like burpees and mr andrews is still in here but i'm still going to do them i don't like them but i'm still going to do them um and so we'll also participate in the 5k run uh the following day just to be able to to um to provide a tribute to austin and and those that have uh sacrificed so much for for our country our first not just our country our city um as well so um Yeah, and that's really all I have. But I'm looking forward to it.

Awesome. Thank you. Commissioner Ruth.

I just want to echo everything she said. The 250, the presentation we got before the council meeting was fantastic. I loved everything about it. I just can't be prouder. I'm glad we're all here. Awesome. Anything else?

That's it. Thank you, Commissioner. Vice Mayor.

Well, the Juneteenth parade. Initially, I had said I wasn't going to be in the parade, but I was. And you popped up. You popped up. Yeah, I did. I did. I said I was going to go greet everyone and say hello to everyone, which I did. But at the end, you know, Sergeant McDonald kind of offered me to ride with him because he was the closure. So I got to go into the parade route and do that for a while. So I appreciate that opportunity. I ended up being in the parade. And then, of course, on your behalf, I went to the ribbon cutting for Slaynetics.

Thank you for that.

And then I also went to the basketball camp over at 110. I call it Cooperstown. I went there basically just kind of just supporting our community events that are here. And then, of course, we have the Fourth of July coming up. And I just want to thank the President Maribel Brinkley for Brinkle. I keep saying Brinkley. She always corrects me with that Brinkle for organizing the 250th celebration for America here. I thought it was a great presentation and it's online so we can share that with our public. and basically that's it happy fourth of july and and of course uh to honor our uh beloved uh austin durant i went yesterday and paid my respects at the little memorial that we have for him over here and it's been a permanent memorial And I hope that someday, even under your leadership, that we can make it sort of a permanent place. Right now, it's all of us kind of contributing to it. But I think there's something that it's in its fourth year. I think we should move forward and make something permanent and something that, you know, we can have as we did with September 11th. by having the memorial there that is open to the public, that we have something for Austin Durand there in that area. So it's something you can all work on.

Yes. Thank you. Commissioner Anderson.

Yes. So I wanted to actually just thank the co-founders Give me one second of the Time to Train Athletics Foundation. Thank you. You're welcome. I know the vice mayor and I both attended the clinic that was this Sunday. They are doing a phenomenal job with the youth. It's a free clinic. So if you know anyone that is interested in any type of basketball development, what I'll do is I'll send it to our interns.

Radley and he probably can get that out to the commissioners and they can probably anyone to participate in that program really great program it was a great turnout probably how many kids probably over they had um they had four different courts they had the little ones the little ones are so cute um and then they had like seven to eleven and then they had uh i think it was 13 to 17. um so there was a lot of conditioning and then there was actual games and they had it was really a lot of fun to watch them It was two and a half hours long. And they really worked those. I was tired just watching them, but they did. It was a very good basketball.

Thank you guys for actually bringing that program to Apopka. In addition to that, Onyx Foundation is hosting their first Invest in Their Future. It is a out-featured builder's certificate program. And what it does is for ages, it's a four week program starting July 7th, every Tuesday and Thursday from 10 a.m. to 12 o'clock. It will be provided. The venue was provided by our former commissioner, Alexander Smith. So thank you, Pastor, for opening up your your congregation for the community. And also, of course, it was a partnership with the seat of a popular commissioner to myself. And it's a four-week program. They will also receive a certificate at the end of that program. So I'll also, spaces is limited. We'll also be providing morning and afternoon snacks as well. So I'll get that information over to Radley so we can get it out to the community. So it's a really, really good program. And this is a, it's a new program. It's, they just started. It's called the, it's the Onyx Foundation program. Okay. So it's for middle school and high school students and it's free to the community. And happy 4th of July. And that's it.

Awesome. Thank you. We do not have Mr. Williams in attendance. So city attorney, anything for us?

Nothing to report this evening, Mayor. Of course, we just want to wish the best to Mr. Williams, and it's very exciting news. But other than that, nothing else.

Excellent. Thank you for turning your hand. A couple of quick small updates and one small discussion item. Just an update. I've been meeting with employees one-on-one down at public services. Just 15-minute kind of intervals, just kind of see how I can improve quality of life, some some overarching themes that maybe I'm hearing from each employee over and over that is helpful to kind of see what we may need to change. So I'll be able to, once I finish those, kind of bring some feedback back to everybody and just say, hey, here's what we're seeing. And what I tell every employee as well that I'm meeting with is that department heads are doing great advocating. It's just that kind of smaller quality of life stuff that maybe we can change on our level that can impact the employees in a positive way again. Department is doing great. It's just if we can make it even better, that's great. Obviously, we have the 15 days of hope coming up. Excited for that. It was very timely that we and I appreciate the commission for approving the surplus of the sand trailer, which was approved to be surplus. And then it was cut apart yesterday morning, which is very nice to see just to be done with that. We do have next Wednesday, July 8th, we have our budget presentation. Keep in mind, there's going to be a higher level. It's going to be mostly where the budget was when it was first presented, what was taken out and kind of what our revenues look like. And then we can decide from there, Hey, throw that back in or, Hey, yeah, We need to take more. So we're going to be able to look at that. It's going to be higher level as well. If you have concerns or want to dig into the line items, we're not going to be going over that July 8th, but feel free to meet with staff. If you have a department level concerns or anything like that, please meet with them to go line by line. They'd be happy to do that. We have no workshops are kind of our pre-meeting workshops for July 15th and September 16th due to budget workshops kind of being required before then. I'm happy to move around. we can do a separate day for those. If we want to, if you're interested, if not, we can pick it back up in October. So open a feedback there if we want to do it. If not, we'll just delay it till October.

Yeah, it is.

We got a, it's a lot. All right. Well then other than that, please have a safe weekend and I am seven minutes under two hours. So I did it again. Thank you everyone.