City Council - Regular Meeting

Wednesday, October 1, 2025

About this meeting

Government Body
City Council
Meeting Type
City Council
Location
Apopka, FL
Meeting Date
October 1, 2025

Transcript

99 sections

1:37 – 3:36Speaker 1

We'll call the October 1st city council meeting to order. Commissioner Smith, will you give us a prayer pledge and fact of the day, please? Sir, our father is once again that you have allowed us the opportunity to be present in this meeting. Oh God, we ask you to continue to guide us and continue to be servants of this city. Bless all those that are present this afternoon. We pray, oh God, for those that are cancer survivors, oh God, and those that are caregivers for them. In thy son Jesus name we pray. Amen. Amen. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Fact of the day. On October the 1st, 1908, the first production of the model T Ford is completed at the company's Avenue plant in Detroit. Between 1908 and 1927, Ford would build some 15 million Model T cars. It was the longest running production for any automobile in history until the Volkswagen Beetle surpassed it in 1972. Back to the day. All right. So, I need to read the decorum statement. Welcome to the public meeting of the city council of the city of Apachia. Please turn off all cell phones or set them to silent. The city council permits and encourages input and comments by members of the public on all matters which may come before the council for action. If you wish to address the council this afternoon, please make sure you've filled out a card with your contact information and have presented it to the clerk. When called upon, please proceed to the podium and speak clearly into the microphone, stating your name, address of record, organization if any, and direct your comments to the city council and not to individual commissioners, staff, or members of the public. The council and the city staff encourages constructive criticism. However,

3:34 – 5:32Speaker 1

personal attacks are prohibited. Please observe general rules of decorum and civility. Speakers and members of the audit shall refrain from rooted derogatory remarks, shouting, disruptions, reflections as to integrity, slander, abusive comments, profanity, vulgarities, and statements as to personalities. Any violations of these provisions may result in the issuance of verbal warnings, including warnings for trespass. If violations persist after such warnings, violators may be removed from the council chambers. Thank you. Okay. All right. Public comment. Jody, supervisor Dr. O. incognito. I'm not supervisor at the beginning here. Um, this is the time of year when you have a lot of leaves you're raking, you're you've been mowing your yards and um, well, I guess I am supervisor at this moment. Um, we want to remind you to only rain down the drain and that's important. Um, a lot of activity is going around the nation um, warning people to um, keep those leaves out of the drains. And when they say the drains, they're they're not talking about your sink drain. They're talking about the drains out in front of your house. And those drains need to not have foliage going into them, not have trash

5:29 – 7:27Speaker 1

going into them. They need to be open. And um I know that it's well known among your staff back here that what goes in that drain goes into the storm water ponds and they it rots. It causes utrofication of those ponds, lakes, and then that gets into um our watersheds, our streams and lakes and fills up the and damages the aquifer. So, we want to make sure that that stays clean because then we end up drinking damaged water. And then chemicals get in there when you change your um radiator fluid in the driveway and that runs down into the aquafer into the water system. And when you overspray your yard and it rains right afterwards because you see the rain coming and yet you decide to spray your yard, put fertilizers down, that runs into the ponds and lakes and streams. So, it's very important this time of year for you to make sure that you keep those leaves out of there. You can put the leaves in your in your flower beds. You can put and and make sure that you keep your grass in the yard. Don't bag it. And I'm sure that uh we know we don't want to bag our leaves. Um leave that bag in the garage and keep it on the yard or in the flower beds. So, that's very important. Uh, with my other hat on, um, I was so delighted to see that Greg and Doug and Juan went out there with their little paint pallets and their little paint brushes and they did a lot of painting. First, they paved the area of Second Street where we had really bad potholes. Then, they got out there and repaved it and got out there and painted the lines on the crosswalks really neat yesterday morning. And then they painted a bike

7:24 – 9:20Speaker 1

line on Lester and it looks beautiful and shiny in the moonlight when I go out and it's just fantastic. So we appreciate what they've done to try and improve um our crosswalks and the safety of some dangerous areas and I want to give them accolades. Thank you. Next up, Dr. Jim, Senator Bracie Davis, Representative Bankstein, Mayor Commissioners, my name is Dr. Jim Moyer. I'm elected orange soil and water conservation district 2 in which a papka is the largest municipality based on land mass and population. So um soil and water the legislation regarding soil water is chapter 582 in 582.024 024. It specifically mentions the purpose, our purpose of all soil and water conservation districts in Florida. And the last line of of number four says the legislature in part. It says the legislature intends for soil and water conservations to work in conjunction with federal, state, and local agencies. And that's exactly what I plan to do this next fiscal year. And by the way, happy new fiscal year to everyone. I'm sure Blanch would say the same thing.

9:15 – 11:14Speaker 1

And my intention is work with the USDA, the area district conservationist to determine local needs. uh to work with the Florida Department of Agriculture to promote their best management practices program for anyone who isn't yet in uh enrolled in the voluntary program. I plan on continuing to work with uh Orange County Environmental Protection uh department as well as Orange County Public Schools. And by the way, um we just facilitated a soil donation to a Koi Elementary School. 30 bags of uh soil was donated to their green team and I'm hoping this organization will continue to donate to others. I plan on continue to work with UFAS St. John's the farm workers as well as the cattlemen and the farm bureau. I will be attending next Monday's Farm Bureau uh annual dinner and I thank you for having me and God bless you all. Thank you. Next up, Leroy Bell. Leroy Bell, let me first start by thanking my senator for being here. You got some big shoes to fill and I know you're ready to do it. And we also have a court leader here also.

11:11 – 13:11Speaker 1

And I like to I just like Well, you can go ahead and go to Hammond if you want. You want to get that out the way or you want to say Can I save my time? You know, it's kind of funny that we got all these preachers that supposed to be saved by grace and love to tell you about saved by grace, but don't want to show grace to none of the civilian or the citizen in Apopa in Florida at large. How in the world do you vote against somebody learning about their history? How in the world do you vote against giving young kids a break in or either farm workers out in the heat? You want to get rid of DEI? You guys up on that dasis, but DEI seems to be all right when you can pick it. When you got a developer, a economic developer, chief of police, fire chief, and chief fire uh finance officer, as long as you get a chance to choose it, DEI is fine. It's an election coming on and my understanding that we going to have this administration down over in Apopa picking up trash with David Clark number 47. I ain't seen this one particular white man over in around them many black folk since the last time I watched the Tarzan movie. What's up? What's the problem? You getting ready to drop the gabble because I don't like your handpicked tool that you sent up there in Tallahassee. You don't like it? All you got to do is

13:08 – 15:06Speaker 1

check his report card. Only thing that he really voted for up there was the bill that he could get more money for his school over there. I'm talking about the court leader right here. Go ahead and hit the hammer. That's what I mean. As long as it's something to satisfy you leader or mega leaders or whatever run the dookie thing stand for, that's all you're good for. Now I'll stand here my last 10 seconds for you to look at me. Clown Rod Olson. Rod Olson, 3156 Rolling Hills Lane. Clearly I have a theme today. I said I'd try to bring good things up. It's 15 good things. If you don't recognize this, this is our crossing guards. We have 15 crossing guards serving the city right now. Uh talking to Sergeant DS, all the positions are currently filled, but they're always looking for good people. You want to consider a position, uh go to aka.org. Uh I want to recognize Mary, Joe, Denise, Linda, Theodore, Michael, Kerianne, Jodie, Barbara, Gary, Veronica, Jackie, David, Thomas, Doug, and anime. These are the people that

15:04 – 17:03Speaker 1

serve the city, that keep our children safe. They have an important role. They need your help no matter what the weather is. I mean, these guys got rain, sle, snow, heat. It's incredible. They're out there every day. Central Florida is the most dangerous metropolitan area in the entire country for pedestrian accidents. The roles that these people play is critical. We need your help. Please observe the speeding zones within the school zones. Flashing lights. They're either 15 or 20 miles an hour in our city. Observe the drop off and pick off one quarter mile. Ordinance 745 from the city of Apacha. The only safe place to drop a child off is on campus at the designated area. Not on the streets, not around the areas. It's an accident waiting to happen. Crosswalks. If you can't pull your car completely past the crosswalk, don't go there. Crossing guards cannot allow children to cross when it's blocked or partially blocked. Parents, sad to say, Florida statute 316.306, no cell phones in school zones or in construction zones. Correct. Yes. As many as one in two parents dropping and picking off their children are holding their cell phone talking. And as few as one in four, it's sad. It's all about safety. traffic. I was asked to help out. I heard the radio, so I went over to help out. Pon traffic backed up on Ponam because of Wolf Lake Elementary. I went on campus. I got people that were running behind each other in the serial line 5 to 15 feet apart. Got them to go three to four. We pulled 15 to 20 cars off the road. Please keep that in mind when you're driving on campus. Uh right now time here motion. I would want someone up this Das to say within by January 21st meeting we're going to have

17:00 – 19:00Speaker 1

a camp wewa plan. Second motion is to immediately advertise the amphitheater and surrounding communities. Mount Door, Sanford, Leburg, we've got the best venue in Tri County area. Motion we immediately require vendors to serve all Saturday night sound events, not pick and choose. So when I come and bring food and there's nobody there and when I bring when I bring nothing I come there's no vendors. It's crazy. And I also like to have a motion to move forward on a stepbystep procedure for Golden Gem Pond. Albert McKimmy Albert became a 3603 Golden Gem Road. In my opinion, Monday night's meeting was a fiasco. Commissioners, when you were elected and took your oath of office, who was that oath of office directed to? Was it the public or was it a corporate entity? Because on Monday night, issues that I have made you all aware of over the last 18 months were neglected. You chose to pass over them. You had the ability to bring them up and make this administration accountable for what happened. You chose not to do that. You chose simply to extend a contract and kick it down the road for another year. I'm here to tell you today that's not going to happen. The agreement that you signed was potentially to hand $10 million back to St. John's. Well, today I contacted St. John's again and I now have a meeting not only with St. John's but their legal representation and a team that I have put together to go to

18:58 – 20:55Speaker 1

St. John's to pre present my documentation. I will be asking for them if they demand the return of Golden Gem, it be returned in the condition to which it was given. That would mean you would have to put 1 million tons of material back into Golden Gem Road. That's $16 million that you're going to have to come up. And do you know why you're doing it? Cuz you're choosing to piss me off. I have no faith in anybody on this diets after Monday. You ignored the potential that we had to deal with issues that should not have been neglected. I have given all of you evidence at some point or other of what contaminants were put into that chimney. When we choose to do the work on Golden Gem Road, it's not in compliance under Florida statute just now. First thing you're going to have to do is bring it into compliance. How are you going to do that? I've already given you suggestions to do it, but now you're on your own. And now the clock's ticking because at every opportunity I get, I'm going to attack every one of you on that diet unless you do something about it. And that's not an idle threat, and it's not something that's going to bring me pleasure. But the fact is, you are elected representatives of this community. You were aware and it's a matter of public record who visited Golden Gem recently. You saw the disappearance come into. You saw what needs to be done. You saw the drainage issues that we have. We paid a million dollars to DVO Sam, who in my opinion should be held accountable for the rubbish that was dumped into that pond. Not only should be accountable for that, I need you to explain to me why there's no uh interceptor trench, what happened to the dams that were going to be removing the water and the volcano was fixed. All you did was dump rubbish into sinkho. You've

20:53 – 22:53Speaker 1

done nothing to represent the citizens of Apopka. You're a disgrace. Sylvester. Huh? Oh, that's a hard act to follow. Uh, Sylvester Hall, Rock Springs Ridge. Um, good afternoon everyone. And, uh, this message is not so much for the mayor and the commissioners, but for everybody who's listening and everybody that's in this room, uh, the city of Apopka, the state of Florida, and our country, we're in a national crisis. We're in a national crisis because too many good people are sitting around watching bad things happening and completely looking the other way and completely being in silence. It's time to stand up against hate. It's time to stand up against corruption. It's time to stand up against racism. It's time to stand up against greed. And it's time to stand up against white privilege. These things I speak because we need strong leaders and leaders who are not afraid to speak the truth and who have the courage to speak the truth. When we normalize the atnormal, we desensitize the truth to the point the truth doesn't matter anymore. And that's where we are at in our country. And I want each and every one of you guys to think about that. Let it resonate with you when you go home, when you look at your kids, or what I'm saying here to you this afternoon. When we realize that when we are when we select our elected officials and appointed officials, first responders, when we realize these values that principles matter, integrity matters,

22:49 – 24:49Speaker 1

honesty matters, accountability matters, responsibility matters, morals matter, ethics matter, character matters, procedures matter, leadership matters, laws matters. matters. Justice matters and all God's people matter. I look at the assassination of Charlie Kirk and how it divided the country and it tells you where we at for his racism. Charlie Kirk, nobody deserved to be assassinated period for what they say. But when we look at this freedom of speech, we all say he had the the right to say what he want to say. He does. But look at America and the and the hypocrisy of what you what you when you call freedom of speech. I remember the Louiswis Farrakhan. You can't he's been banned for speaking and he had the right for his his views and his value. When I look at Charlie Kirk and I see what he thought about me as a black person, I should be still in slavery that I don't have the mindset to process things. And then I look at minorities who who honor and I look at the mayor who honored him. So we look at things, you look at them one way and then somebody look at it the other way. But your responsibility is to look at it and make sure you view your community and how it's going to affect everyone, not just your vision and your your views. And Lord knows you look at the meeting we just had with all the military officers and you look at that and that's why you say I feel that the country we are in trouble. Thank you. Reverend Jimmy Howard, Reverend Howard, to the mayor and the

24:46 – 26:38Speaker 1

council board members to our friend. I come to thank the city council and those who worked with me on what they did in helping get the walk track and also the parking area in front of my barber shop upgraded to a better situation than I first had. Thank uh Pastor Alexander, all of you for what you did, for helping me. And now at this point, I'm comfortable in what has been done. The other thing when they put the sidewalks in our area, for some reason they didn't put back up the uh signs, speed signs, no parking signs like they should have. The other thing, I am in the city limit, but I don't see the city limit sign pass at my property line. What do I do from that point to get that corrected? William, you Bill Horton. You got that? Pardon me. Um the staff member that would take care of that for you. Do you can you get with him? Okay. Thank you. Who Who am I after you get done, Pastor Howard? Then he can he can Okay. And also the signs put back up to where where they need to be. and the city limit sign at my property. Okay. Again, to all the council members, uh thank you. I have no problem with what has been done. My heart is clear with Thanks, Pastor Virginia Street.

26:54 – 28:52Speaker 1

Good afternoon, uh, Mayor Nelson, commissioners. Um, on behalf of the unsheltered and the needy in, uh, Popka, I just like to thank you for your continued support for what you're doing um, for for them. Um we had an event last Sunday and we had almost 80 people attend and um as they were coming in they were just very thankful and grateful for what the city has been doing. They know that the city has been uh concerned about their well-being. Um, in reference to that, um, this fall the temperature is changing and we're going to be dealing with, uh, we'll probably have a couple of situations where the temperature gets, you know, a little chilly. Um, and working with Matthews, hope the buses will not be ready by then. Um, so I would like to be able to set up something a a plan of how we can uh handle them um this year. And I'd like to be a little proactive about it rather than waiting till the last minute when I make that 911 call to Mayor Nelson. I'd rather not have to do that this year. I'd like to have something already lined up and uh come up with a plan about how we can uh how we're going to approach that if it if it comes. So, if we could work together, if you could create a group or a team or somebody to do that, um I'd like to be part of that uh action group. Uh October is going to these days run quick, so we'll be looking at Thanksgiving soon. So, uh, whatever you can do to help me do that, I'd be grateful. That's it. Thank you.

28:57 – 30:57Speaker 1

Jody, anybody else? Oh, okay. Thank you. All right. Thank you. Um, next up, let's see. Approval of minutes. We've got three sets of minutes. The looking for a motion to approve the minutes is read. I just have one change on the September 17th. It's just and that's the final budget hearing. Um item 2 C it said that it was a vote that was uh voted four to one and it was actually four to zero with my abstination. So I just want to make sure that's reflected properly. Okay, got that Jody. Okay, with that change motion to approve the minutes. So move. Got a motion by Commissioner Anderson. Second. Second by Commissioner Vasquez. All those in favor. All oppose. Motion carries unanimously. Next up, Rattley. Any changes to the agenda? No changes there. Okay. Thank you. Thank you. All right. Hey, legislative update or backdate update, whatever you'd like. Um, we have with us a new senator, Leavon Bracie Davis, who just moved from one side of the capital to the other. And so, we're we're happy to have you here with us today. So, if you want to lead us out, we appreciate you coming out. Well, good afternoon. What a delight. Um so, Mayor Nelson, commissioners, residents of Apakka, it's a delight to be with all of you on today. While I have um often walked in parades in Apakka, attended town halls, spoke at town halls, and I joined the Apka Progressive Seniors probably every other month. I have never had the honor, privilege, or pleasure to directly represent the people of Apakka in the Florida legislature until September 2nd. That changed everything. And I'm truly ecstatic uh to serve you in the Senate. So again, thank you, Mayor Nelson, and

30:54 – 32:52Speaker 1

the council for inviting me to share a look back at our recent legislative session and offer a preview of what's ahead in 2026. But before I get into that, let me briefly introduce myself if you don't mind. Um, as was mentioned, I am Senator Leavon Bracie Davis. I'm privileged to represent Florida's 15th Senate District, which includes many communities in West Orange County, Apka, Zelwood, Koi, Pine Hills, Lockheart, Fair Shores, Eatenville, Tangelo Park, and many, many more. I am a proud graduate of Dr. Phillips High School. Some of you may know me as the daughter of two. Yes. Dr. Phillips High School. DPHS. Never less than the best. Go Panthers. Go Darters. Let's get this correct. Go Darts. Okay. Okay. Okay. Um I am the daughter of of two pillars of the community, Dr. Leavon Wright Bracie and the late Reverend Dr. Randph Bracie Jr. They were co-founders of New Covenant Baptist Church of Orlando. I'm a licensed and barred attorney who spent time working at the Department of Children and Families helping reunite families and support second chances. It's important to give that context so you will understand how I legislate. Um for the last 15 years, I worked as the senior director of community engagement um of community engagement at the Dr. Phillips Center for the Performing Arts. I also hold a bachelor degree in theater arts from Howard University. skills that I draw on when delivering my speeches uh that you may see online. Um and then also I have a JD from the inaugural class of Florida&M University College of Law. I am joined today with my team. Um Savannah Pyther, if you just raise your hand. Um and that's for the purpose I would love for Apakka to get to know my team. Um she joins me and comes with me to Tallahassee. And then Jana McKisiss. She is my uh district aid and she is the eyes and ears while I am in Tallahassee.

32:50 – 34:50Speaker 1

I also have with me Representative Rashan Young's district aid. He's with with us shadowing today and that's Jerry Owens. And so a reflection on 2025. So as I'm sure you all know and you've kept up with that this past session was the longest in Florida's history. 105 days. Julie's session is 60 days and you know our our I guess our class was overachievers. Um but I I need to be transparent and honest because I I wouldn't be doing um this office its its duty if I did not say unfortunately in my opinion um many urgent needs of flityians were overshadowed by debates on culture wars and engineered controversies this session. Um the number one issue in our district is affordability. Period. Full stop. That is the number one issue. That is why con constituents call me is because of affordability. And that is all across the board as it relates to groceries, as it relates to property insurance. And so, um I believe the constituents, uh previously of House District 40 and Senate District 15 sent me to Tallahassee to deal with those pressing issues. So, I was disappointed that we spent a lot of time distracted by fights over symbols rather than solutions and culture wars. But there were some wins this session. I'm not just the bearer of bad news, I promise you. Um, there were some concrete wins just by my office when I was the state representative for House District 40. We were able to bring some money back for the Orlando Museum of Arts. Something I'm really proud of. You heard in when I gave my brief bio that arts and culture is really important to me. or Orlando Museum of Art has um initiatives where they allow for um residents of Orlando and Orange County quite honestly to come for free and to uh see that exhibits

34:48 – 36:47Speaker 1

their exhibits and so we were able to bring some money to Orlando Museum of Art. Um my office was also a able to champion um some safe homes for Samaritan Village. This is Samaritan Village is a place where um women have been trafficked can go and find safety and uh we were able to bring some money home for that those safe houses and they build in the process of solidifying several other safe houses because of those appropriations. Um so those are just a few line items on paper uh that we were able to to bring home. Um some of the disappointing moments in this last session was uh as it relates to um the citizens ballot initiative. I have gotten a lot of calls from my office as it relates to the citizenled ballot initiative. We have made it harder for citizens and everyday citizens like perhaps many of those that are sitting in the audience to amend the Florida Constitution. And so um that was disappointing. Uh, I think that all Flityians, no matter how powerful or no matter how much money you have or don't have, should be able to have this right to if they do what the law says they that it it if they do what the law says that they should do that they should be able to um amend the constitution and now we've made it a lot harder. Uh, so I think that that that was another uh low moment of this legislative session. So you may ask of me, okay, the election is over, so now what's next? Um, first and foremost, I think it was mentioned earlier today that uh I am walking in the shoes of Senator Geraldine Thompson. Every time that I speak, if you've ever heard me speak publicly, I always call her name um because she's done some remarkable work and I plan to continue that legacy. Just to back up just a a bit, another one of the bills that I passed last session was to rename South Street, named Senator Jeline Thompson Way. That was something extremely important to me and you'll be seeing that coming up on South Street right in

36:44 – 38:42Speaker 1

front of the Mel Wells Museum soon. So you know that Senator Thompson was a champion for voting rights and so every year she and I together she and the Senate I in the House filed the Harry T and Harry Bemore More Voting Rights Act. I do plan on filing that again this year. This lays out sensible reforms like same day voter registration, making election day a paid holiday, and clarifying voting rights for returning citizens. We know that when election day comes, oftentimes returning citizens, there's not clarity in terms of whether they can vote or whether they cannot vote. And so I promise to continue advancing that work in the election space. One of my nonpartisan initiatives that I'm really proud of is my youth conflict resolution bill. I filed this for the last two years. Now, how many of you all remember DARE? Okay. All right. So, you remember when uh there would be a police officer that would come and teach you about drug abuse resistance and education on that? Well, we've what what I want to do is champion youth conflict resolution where there is an outside voice that is teaching children how to be ambassadors of conflict resolution. And the first year that we filed it, it passed in the House. The second year that we filed it, we passed in the Senate. So hopefully this year is the year that it will pass in both the House and the Senate. We know from civics's class, you got to have both for it to get over the finish line. But, um, this has gotten nonpartisan and bipartisan, should I say, support. And what this will do is is is teach the children to be ambassadors of goodwill. Teach the children how to deescalate so that they can deescalate with their peers and even at home and and outside of the campus of schools. Um, I I think that's what we're missing right now when we look at gun violence and all of that. I think we're missing those key tools of how to deescalate. How do we take all the drama and just settle it down and kind of look at the real issues of what's going on? And so I'm prepared to champion that. Again, I I hope that, you know, for those that you all pray, pray and for those of y'all don't pray, wish me luck. Whatever it is, but um it's something that is really important to me and I

38:41 – 40:40Speaker 1

think is important to our communities and I'm I'm ready for that. I also will continue to support returning citizens. That's something that's important to me as well. We know that um when folks are coming out of incarceration, it's oftentimes very challenging for them, whether it be to rent a home or to get a job or um and so for the last two years, I pushed for access to SNAP and Tana funds. U many of you know or don't know that if you have been convicted of a drug trafficking offense, you can't get any SNAP or Tana funds. If you remember in my introduction, I made mention that I'm a former DCF attorney. And so what I know and what I've studied is that when women come out of incarceration and they're trying to get their children back, DCF will not give them their children back unless they have a stable home, a stable job, and a refrigerator full of food. Well, they if they have a drug trafficking offense, they won't have a refrigerator full of food because they don't have access to SNAP benefits and TANF. And so I'm going to continue to champion that. I don't believe that we should be the product of our worst day. And so, um, I'm going to continue because those that are returning citizens are still citizens and they need voices. And then finally, juvenile justice reform. I'm really thankful that last session, um, I passed with unanimous support on both the in all the committees in both the Senate and the House, House Bill 1405, which restructured the Department of Juvenile Justice um, section. That that uh, statute for DJJ has not been touched in 30 years. So you can imagine how antiquated that statue was. So we were able it was a 200 plus bill page bill where we were able to um restructure that bill and take out some things and um actually put more services. I I'm of the thought that um children need services and not necessarily um punishment. Oftent time they need services and rehabilitation. oftentimes children are acting out because they don't have money, they don't have food, they don't have clothes and and so we're trying to deal with some of the

40:37 – 42:36Speaker 1

byproducts um as we tackle the DJ DJJ issue. And I'm thankful for the bill that we passed and I'm really excited about um working more in that space. And so in close, I'll say to this to you, my promise to you uh to the commissioners and also to the cit citizens of Apakka um that I I bring Apakka with me to Tallahassee. Um, so when I was elected to the high seat, a papo goes with me. So I say your name on the House floor and now on the Senate floor. Your families, your neighborhoods, your hopes deserve more than rhetoric. They deserve results. So I'm deeply grateful for this invitation. Um, the trust that this opportunity to be your voice in Tallahassee. My door is always open. That's why I brought my staff with you with me today. My team is ready and I look forward to partnering with each of you. Together we can lift communities, build bridges, and deliver results that matter. Thank you so much and God bless. Thank you, Senator. Appreciate it. Representative Doug Mason. All right. Well, I want to first say congratulations to my colleague from this side who went over to that side, but uh and I do want to say that your conflict resolution bill is a great bill. I will be advocating on the House side. So, let's get that one through this year. Um yeah, it's this was the the session that never ended. It was just one of those crazy times. Uh I I was calculating with committee weeks this week uh or this year we will have been there almost seven months in Tallahassee and then coming back and serving here locally. So uh but you know what that that's why we're there is to get things done and if we have to burn the midnight oil then uh you know we need to do it. We need to do the right thing. So um I one of the things that I really do love and respect is that we do respect one another. We do have deep conversation. We look beyond the division. O look at the issue and many times we all want to accomplish the same thing. We're just coming at it from different measures and so it's just great to have the ability to get up present that and then uh you know let

42:34 – 44:34Speaker 1

the decision lands where it may you know as uh as the people decide. So um just to look backward before I look ahead let me uh turn my notes around here. Uh this year was able to uh had 12 uh bills that I either sponsored or prime co-sponsored. Five of them got across the finish line, which was in this year it was quite a challenge. You know, I've told people I felt a little bit like a running back in the huddle and all of a sudden, you know, the coach calls in a play, then the booth calls in a play, then the owner calls in a play. We're like, we're just trying to run the ball. So, it was really an interesting year, but again, it's part of our process. It's better to have those challenges to make sure we get the best law. And so, sometimes it does take time to move things forward. Uh, but we want to make sure we're getting the right things forward. So, uh, based upon that, I'll touch on a few. One that, of course, I've been working on hard was the legal tender bill. Happened to be bill 999. Uh, I didn't choose that, but it works real well. Uh, this gold and silver legal tender bill. Why I'm passionate about that and so glad that the governor came to sign that is it helps the individual. Uh, if we understand our our history and present fiscal uh, situation, of course, in 1971, the dollar was taken off of the gold standard and attached to M East oil. What many don't know is in 2023 that went away and so it puts us in instability which on the international scope they are really trying to attack the US dollar which is the foundation of our economy. Fortunately our founders gave us an option in the constitution as a state that any state can declare gold and silver as legal tender. What does that really mean? Because that can sound pie in the sky. Uh the bottom line is legal tender. Your dollar bill says that. And I'll give you an illustration. uh they say that these uh these the gold and silver bullion has the ability to outlast recession to uh go past inflation and so for the individual to have that ability to build their portfolio that's something that uh uh was important to me. Uh so if you in

44:30 – 46:29Speaker 1

1979 if you bought a home the 197579 if you bought a home the average home was 75,000. If you bought the same home today, it would be 531,000 or last year when we were looking at the records. Uh if you bought it in gold in 1979, it would have been 268 ounces. If you bought the same home today, it would be 268 ounces. So, it's held as buying power. So, what is the difference? If you do want to see people get ahead, uh the bottom line is there's a capital gains tax. If you do get precious metals, you have to convert them to currency to be able to use them. This bill now creates this opportunity that out of your account this can be spent as currency. So it frees us from the penalty of capital gains as long as we're not doing money trading. So it gives that the individual the buying power. And uh the second bill, one of the other bills that I passed was to remove uh what I thought was a punitive tax against anyone who purchased gold and silver under $500 was taxed. If you purchase over that amount, you were not taxed. I thought, well, don't we need to help the little guy more than anyone else? So, what this does is make a way for anyone anywhere if you have an extra $10 rather than just throw it on auto chance uh you you can actually build a portfolio. So, what this will do, we're still in the process of moving it forward, but by the end uh or by uh July 2026, this will go into play. Uh we're going to ratify the rules that they were just they just discussed uh in in Tallahassee yesterday. And so, we'll ratify those this fall. So it gives the individual the ability to have an account that they can use debit to access that it is a cash transaction. So now you can save more of that gold and silver which gives you a longer term uh support and yet not penalizing you as a capital gain. So anyway, uh I'm happy to talk about that with anyone else that wants to. Uh let's see, another one, the tag flipping bill. I always try and save uh bill for at least a bill for our law enforcement to make sure that we're doing things that matter back home. And one of the things

46:27 – 48:26Speaker 1

that was brought to me was the what we call the tag flipping bill. And again, I didn't even know this existed until they brought us. The Florida Sheriff's Association made this a priority and approached me and asked me to carry this bill. Uh the bottom line is there are those who when they go through the toll booths, some have a a cable literally on their tag, their license plate that they pull up so that it skips them having to pay what the rest of us are paying. There are other things that occlude that you can see it from straight on but you can't see it from the angle. So the purpose is to not pay. Basically that that gives them more enforcement ability. But what it also does is anyone who does this in committing a crime, it now bumps it up to a felony. Because if you have gone, let's say you rob a bank, you are going through and you're eluding the arrest by hiding your tag, then you're taking away a tool that law enforcement has to be able to do that or say someone is murdered, the same thing. So, it bumps up the penalties for that. And uh so that's something that I think will serve us well. It also uh deals with those who use lights, whether it's red, white, or blue lights to uh basically to try and pull people over uh masquerading as law enforcement or even fire that basically then there are people there, you know, I don't want my daughter being pulled over by someone who has evil intent. So, this puts real protection for the citizens so that we can uh trust our those who need to either get through or pull us over for anything. Um, let me jump. By the way, uh, Nicole Kennedy, my legislative aid, is right here, and you all are very familiar with her. I know we kind of pulled you away, but she is the right half of my brain. The left half is over at the office right now. And, uh, so anyway, I'm just thank thankful for both of them. They do a tremendous job, and I constantly get, uh, just good reports from other legislators about Nicole Service. I just like to publicly say that because they do so much work behind the scenes, and we really appreciate our aids. Um, let's see. Let me jump on through here. Uh, fentanyl testing bill. I was able to work across the aisle with

48:24 – 50:24Speaker 1

Representative Harris. Uh, we were both approached with this and when I reached out, she had already responded and so we came together and were able to pass this. The bottom line is there are people dying from fentanyl that they don't know it's in there. If they go to the hospital, let's say they had had some other drug issue, they test them for that issue. Well, Gage, we called it Gage's law. Gage actually went to the hospital, was tested, and uh sent back home and he ended up dying because they didn't know there was fentanyl. So, what this does is make sure any drugrelated issue that goes to our hospitals, they will now test and it's an inexpensive test, but the bottom line is they will test for this deadly fentanyl. And uh so that kind of leads to one of the priorities for next year. There's a xylazine bill and I prime co-sponsored that this year. I'm going to be taking the lead on that this next session. What xylazine does, it's actually a horse tranquilizer, but it is evil beyond evil because one of the things it does when they now mix this in, if someone has taken fentanyl, we know that our law enforcement, our first responders have uh um what's what's the drug? Narcan, thank you. The street name, but uh this actually removes the ability of Narcan to stop fentanyl from killing people. I mean, that's just insidious evil. It's also it's a a flesh-eating uh drug that it's a horrible thing. So, what we worked on it this year, we basically have aligned the penalties with cocaine versus fentanel because there was some of the issues on the Senate side. That's why it didn't move forward. So, we really believe we have a winning move this year to go forward with that. Um, as far as uh the appropriations, let me go back and touch on those. I'm just really grateful for that. we were able to bring actually over the last three years I've been able to bring back $22 million to our district. A lot of that is for our Lake Aka. Again, I grew up in Southern California and water uh is a very important issue there and we want to make sure that here in the state of Florida we protect that as we continue to grow. Uh so we'll always uh stand

50:20 – 52:19Speaker 1

with that and uh support that. Let me find my list here because it's kind of spread out. So, we did this year specifically go for 10 million. We were able to bring back 7.1 million dollars back to the district. Uh, of course, one of those was um the asbestous pipe uh replacement, which is so important for the city of Apopka. Um, let me pull out my arm extenders. I found I need these. uh the Northwest Orange County Fire EMS program of study. We're able to uh move forward with that. Um let me just jump through and Nicole, we need to just get these in bullet list next time. That'll help. Uh persons with disabil disabilities improve nutrition kitchen. I am so happy about this one. This is our Camp Thunderbird for Quest for those are developmentally uh challenged adults. Their kitchen was in desperate need. We fought last time for it and it got turned down. uh just boggled my mind. And so we went back to that again and we were able to do that. And so that's just a a tremendous win. Uh the steps program for women, women residential integrated treatment services, we were able to bring in $500,000 to support that. Uh they're doing a tremendous job helping our our women and our young ladies who are are going back through treatment programs and to help support them. A child trafficking screening tool, the lifeboat project was something we we pressed toward. Um, also for Winter Garden, the Crest Avenue wastewater treatment facility capacity expansion and process optimization. We're able to get $1.75 million on that and that again helps us to keep Lake Aapka clean and coming back. We know this was one of the leading clear water fishing lakes in the nation in the 50s and we lost that. Now, we can look back and say, "Okay, maybe there's some things we shouldn't do." That's the way that law is. Sometimes you pass a law with good intention, but

52:18 – 54:16Speaker 1

then it doesn't always accomplish what you want. So thankfully the legislature back in the 80s bought up the muck lands. We know about all of that because it's affected us here in Apopka in our history. But we are seeing the lake come back and that's something that I will constantly fight for. I think that's so important to get that for our children and those who follow us. Um again there's more. Let me just skip on here. Um let me go on to moving forward. Another bill that I'll be running. Oh, one of the bills was uh the um Vertiport's bill, which again that's the the vertical takeoff and landing vehicles. I just heard last night a report that within 18 months we should begin to see this operational in the city of Tampa in their airport and their space. Uh but this was part of the bigger transportation bill and I prime co-sponsored that one and so we're able to get that across the finish line. I think we'll see the effects of that as we go forward. Uh right now it's moreformational for folks, but uh we're putting the infrastructure together for that and I'm very excited about that. But we were able to bring 12 billion dollars statewide for transportation needs. We know in central Florida that's a frustration. The more people that move here, you get different numbers between 800 and a,000 people a day moving into the region. That affects our roadways, which is part of why vertaports are an important thing in the future. But aside from that, having the the money to be able to work on our transportation needs. And so that's something that I'll continue to stand for. Uh let me just jump on over to a couple other things. Um an ADSB program is something very important for aviation. Aviation is one of our biggest industries. Usually the bills that I I press for there's a bigger reason. I want to make sure we have jobs for our children. I want to make sure we're making an inviting in industry inviting uh environment uh to bring industry here. And so with aviation, we are a world leader in that. But there's an ADSB technology that that can threaten that and really hurt general aviation. It really killed it in

54:14 – 56:14Speaker 1

Europe already and it's threatening some things here again without taking more time. That's something that I think is really important because it will affect a lot of jobs and something that Florida really uh is a leader in. Um let me go ahead and talk about two very important things. of course was mentioned our property insurance and that's something that that's one of the main reasons I really wanted to go up there because you know too often we have heard the horror stories you know mine went from 3,000 some to 15,000 and then had to fight and now it's coming back down I I had to make a stand this year and leadership was really pushing us toward a bill and I had to just say speaker this is something that I feel passionate about. I thought it was going to kind of get put to the the back of the room. Uh but he said if you're doing this based on principle, then you stand on your principle. So I appreciated the fact that that they allow us to to stand for these things. But uh the good news is with our uh our uh um insurance needs, we now have 17 new companies that have come back into the state. We're beginning to see the crest and beginning to see those come down. Uh I encourage you if your rates are still high, shop those rates because there's a lot of opportunity and there are many companies that are now you're seeing those rates come down uh quite a bit. So we had a two-year stint where there were so many lawsuits we had to wait for those to play out. So it looked like nothing happened and it was frustrating to people and I understand that. But now those have really played out. Now we see what we did a couple years back beginning to have its effect. And I sat with the commissioner and you know just ask him about our industry again we don't want to miss it on either side of the ditch with that but the bottom line is said please stay with us he he talked us please stay with this because it is working and is bringing back the competition that will bring those prices down. So that's good news of course because of the cost of things skyrocketing it will cost more because it costs more to replace it but we're seeing the the bigger issue begin to be curbed. Uh the other thing is property

56:11 – 58:11Speaker 1

taxes and this is something that uh I immediately went to the speaker when he announced the special committee and I asked to be upon that because that's an important thing uh especially for our seniors that it it grieves my heart when I have someone sit in my office and say you know what I did everything right. I worked hard. I bought my home. I paid it off. Now I'm in my senior years. I wanted to retire here and stay here. Pass this along to my heirs and now because of these issues I cannot afford to stay there. But the other side of that is I sat in the seat where you sit and I know what we need on the local level. So my approach to this has been not to remove but replace. We have to find a way that we're not taking away or pulling the rug out from under the municipality that still have to pay for things. Otherwise, it's just taking the hand out of my right pocket and stick it in my left. So that doesn't really help us. Uh there are some tremendous things that are going forward and beginning to work their way through a couple different bills and angles uh from Chamberlain and SAP are finding ways to bring a replacement for that. Now, initially they were saying that they were going to just do that with sales tax. I was really against that. We can't just flip it there because that can hurt us in other ways. We can maybe see a little bump there, but we've got to find other ways. And so there are I've talked with all the different municipalities in the district. Everyone has said the same thing. We're not against this as long as we can find a way to replace it. So that's what uh Tallahassee is doing. Uh not simply to pull the rug out or score political points. We got to make sure that we're doing this that it affects the citizens in the right way and helps the municipalities uh you know deal with that. And I know uh uh there's one issue that's come up uh Senate Bill 180. And uh for me that I've not had anyone in the district call or write me about that one. have had a couple that came from outside of the district, but of course just here recently suddenly there's become a firestorm. I know Orange County has uh joined a lawsuit on that. Um Digglia is the senator that passed that. He's already said, you know what, like any bill sometimes we see things that

58:09 – 1:00:09Speaker 1

need to be tweaked. So I believe there's already the opening there to look at that and make sure the unintended consequences get dealt with. So that's where again I'm leaning on you at the local level to let me know how does this really affect us in the real world rubber meets the road and then we can go and try and work on that. Uh it was intended of course to protect the individual uh after a storm and that's the challenge. You know I I love home rule. I believe that in in the 60s they got it right in 1968 they passed that. The problem is is what happens when the individual's rights are overwhelmed at the local level. And so just wrestling between those things. When do we need to stand for the individual? When do we need to stand for the local level? What should be preempted? There are some people who just love preeemption. To me, I'd rather leave things closest to the people as long as we can unless there's an overriding issue that is absolutely, you know, taking away the rights of an individual against the whole. So that was the initial beginning of that. I have a lot more information, but I've gone way over time. Uh, you know, uh, again, being a pastor and a politician, sometimes you got to get out the hook. Um, you know, uh, it's interesting. I I guess I my cult status is growing here. Uh, if you're not getting attacked, sometimes it means you're not doing anything. Bottom line is we're working very hard. We're working together to get things done. Really excited what we've done and I'm ready to roll up the sleeves and get to work. We are going next week and starting again. So, thank you all. Great. Thank Thank you both for coming. Appreciate it. Just a just a couple quick things. I' I've got a a packet for both of you. We just we've got you rejected on our our comprehensive plan from Florida Commerce and the the the biggest in 180 Senate Bill 180. I guess the biggest you know heartburn we have with it and it's in section 28. Let me just read it. Says in any such moratorum or restrictive or burdome comprehensive plan amendment land development regulation or procedure shall be null and void. the subjection

1:00:07 – 1:02:07Speaker 1

applies retroactively to August 1st, 2024. So restrictive verdict is a real problem because you know anybody can you know make make up what that that means to them. And so we just if if we could take a look those two words and then also retroactive back to August 1st 2024 would be very helpful in helping local governments. We just had a a lunchon just a few minutes ago and we had Wintergard, Okoey, Windeimir and um Oakland and all stand kind of that if we can at least get that fixed that would be a great help. And then on the uh the property tax and and the replacement, we're just asking for 100%. We don't, you know, we're not what we don't want to do is get, you know, get up there and we we cut it. Well, you local governments can do on 90% of what their income is now. We we need 100% and we're happy to open up our book, show you where we're spending the money, but but be careful. You know, as I served in, you know, in 090 08 and 09, I can tell you when when the economy falls falls off the cliff and sales tax plummets, um it it it really starts to hurt local governments. And so whereas property tax is pretty flat, I mean, it's always going up a little bit, uh sales tax can go up and it can go down in in a big way. So just as you look at sales tax as a replacement be, you know, be sure we got some stop gaps in there that will will make sure that we're, you know, we're protected because, you know, the last thing we need to do is try to cut our budget um 10 15% to to to meet the the sales tax that that we're now counting on in our budget. So those I think the two big, you know, takeaways we'd like to at least share with you. Yeah, I mean I don't know if anybody else has anything else, but those are two that that are important to I think all municipalities. This is not just, you know, city of Aka, but we we appreciate what y'all do. We appreciate uh we'll we'll be looking forward to seeing you and we'll be up there on the 14th and so hopefully maybe I'll run

1:02:04 – 1:04:03Speaker 1

into you both and um thank you. Thank you for coming out. Thank you. Just a little bit just a little bit to that. Uh what's being looked at is not all property attacks. It is homeowners. uh you know the that alvalorum right now statewide it's 35%. The problem is that's not equal in every area. So one city altoont only depends on 3% Longwood depends on 54%. Some of the rural districts depend upon 100%. So uh SAP's uh plan is a 10-year plan if it works. There's a lot of other places where that money is being replaced. So it's not the rug out from under. It's time to get that turnaround. But exactly what you've said, if there's grants, we need to make sure they're assured and and nobody can play politics with that. And then also other sources that it won't come away from the local area. So, thank you. Are y'all gonna stay or I don't know if you're Can you give us that? I'll get you. All right. Next up, we've got consent agenda. Five consent agenda items. Anybody need to either from the public or the diet need to pull any of the five consent agenda items? Not look for a motion to approve. So move. Got a motion by Commissioner Smith. Second by Commissioner Anderson. All those in favor? I. All oppose. Motion carries. Okay. Next up, Bobby. the joint planning area agreement JPA the fourth amendment. Good afternoon. Bobby Howell, planning manager. Uh back in July on July 2nd, uh staff came to the city council and was given direction by the city council to enter into a two-year extension for the JPA between Orange County and the city and the city of Apopka. Uh, the fourth amendment proposes a two-year extension

1:04:01 – 1:05:59Speaker 1

to allow renegotiation of the terms of the JPA. Uh, the county commission, my understanding, will consider this at the October 14th BCC meeting. With that, I'll take any questions. I guess we can't chair's not here to recognize anybody. So, I will leave with it though. Uh the joint planning agreement itself um it does state in there that if we don't provide 180day notice one way or the other it just automatically renews for 5 years. So that would have been July 4th. We didn't offer that. So what is I guess contractually how does that still move forward if we didn't give proper notice in time. So, if this amendment isn't approved today, it would have to be approved here by the city council and then by the BCC, the Orange County BCC. Orange County is the one that actually drafted this agreement that you have before you to allow the two-year extension. So, if it doesn't approve get approved by either our city council or by the BCC, it extends on for five more years, the existing JPA. Okay. So, there's still a potential that that takes place from there. Yes. Okay. And then the I guess what are the goals of the JPA itself? What are we trying to negotiate out versus in? And I would have asked this yesterday, but I know you weren't in my meeting there. So, um, just so the terms of the JPA, it's basically goes back to 2004, and it was a 21-year agreement, and it was a settlement agreement between the city and the county. City was sued over numerous issues, I believe, related to annexations is what my understanding is. um the JPA if we met with the county staff back in early September I believe it was to have our initial discussions on the modification of the JPA couple things came out of that we'd keep the existing boundaries we'd require clustering in the work protection area uh currently you have a density cap at one unit 5 acres we would allow clustering at two units an acre but you

1:05:57 – 1:07:56Speaker 1

have to perver preserve environmentally sensitive areas ton of open space uh would create a separate section for transportation address ISBAs and that was brought up before the council before in our local service boundary agreements which allow extra ter extra non-ontiguous annexations uh places that are in with our our utility service areas and we create sections uh without well we'd have the new agreement would have a new period of five years as opposed to a 21-year agreement with a 90-day opt- out clause as opposed to a sixth month opt out clause and then the so with the the changes to um the distances from certain watershed areas or protected areas. I know our comp plan was kicked back due to some of those restrictions with this JPA, although it's not with the state, it's between two municipalities. Does SB180 come into play there too that we're agreeing to these measures the these potentially restrictive? Well, we would be in a negotiation period with the county currently to renegotiate in terms of the JPA really depends on what the definition of burdensome is, right? And but anybody can say anything burdensome. So that's my concern I guess is does this get us in trouble at all? Do we do we start opening ourselves up to any liability issues? somebody challenged it if a private party I mean that's the same thing with anything that we're doing I guess at this point so yeah absolutely so I mean anybody could challenge it when our comp plan was kicked back from the state it was deemed null and void because it was restrictive and burdensome the person I spoke to at Florida Commerce literally told me that you might get a different reviewer next time you might get a different answer. Wow. Yeah. Okay. And then in reference to this, this specifically uh it's exhibit A within the current JPA self agreement. It it kind of dictates and

1:07:53 – 1:09:53Speaker 1

outlines a South Popka annexation map effectively. So the boundaries so I know that in the past we've discussed kind of where those boundaries go, things of that nature. Because we're agreeing to this or currently the the agreement is in place of that those being the boundaries. Should we put South APK annexation onto a ballot, we would have to stick to these boundaries. Correct. We discussed that with the county when we had our initial meeting with them. We talked about the terms touch addressing the annexation of South API be something we'd look at incorporating into the new agreement depending on what the outcome of the uh uh referendum is. Okay. So, well, I guess that's an additional question then. Are we putting this on the ballot? South annexation. Well, we're looking at the first thing we're doing, Blanch, is um Yes. Yes. Can can can you come to the mic please just so everybody can hear you? Yeah. The first step as discussed at this council previously is to begin the do the feasibility study. That solicitation has been released. At the same time, we are supposed to be undergoing a survey out to either the south of popular residents or the entire city, but the timeline within the solicitation is to meet the deadline for the March election. So, if we haven't gotten any response, I guess when did that go out, that solicitation? I think this past Sunday or some it just went out on Sunday. Okay. And then when is that due by when I guess when are bids due by? I can get you that timeline. I don't have it off the top of my head. Okay. Then from there, what if nobody says they can meet that deadline, the the deadline that you're saying it needs to be done by that's we won't know it until we complete this process. Okay. Okay. Are we still going to move forward with the feasibility study if they can't meet

1:09:51 – 1:11:49Speaker 1

the that deadline or timeline that we're that would have to come back to council for discussion and decision? Okay. And then when is that due back by then? What what's their deadline that they would have to get that feasibility study back to us? Again, I'll get you that timeline. I don't have it off the top of my head, but we did we had a critical event schedule prepared and that's a part of the solicitation and I will share that with you. Okay, that'd be valuable. Thank you. Okay. Yes. Okay. So, yeah, Bobby, again, thank you um for that. The South Pop annexation, the fact that it was referenced in the JP I think is just so telling that of how long we've been discussing this as a city and going through this. So, it's um I want to make sure that it's handled properly throughout our negotiations. And obviously, it's been the the map has been dictated here very specifically. So, I just want to make sure we take that into account. Um so, once the 2-year deadline ends, will we do a new agreement before then? Is that the goal? That's the goal is to have the new agreement in place prior to December 31st, 2027. Okay. Yeah. So, we don't need to wait till that deadline. Hopefully, we'll not be done. Hopefully, we'll be done by this. Does Orange County seem amiable to changes, provisions, updates, negotiations? Staff members we met with seemed very agreeable to what we talked about, although you know they have to kick it up higher up the chain. Sure. Okay, understood. Thank you. Any other questions for body? Uh yes. Uh previously uh in the agreement it said if the city annex 50% of the property on either side of the road that we had to automatically accept the road without the county making a contribution to upgrading the road. Is that going to be addressed in this amendment? We're going to cover transportation issues and that could be something we could uh talk about if you want us to. It's your direction. Yes, please. Commissioner Velasquez. No question. Mr. Anderson, no questions, but thank you Rley for the detailed email you. Thank you. All right. Anybody from the public wish to speak on this one? Not we close the public hearing. Look for a motion to approve the fourth

1:11:47 – 1:13:43Speaker 1

amendment to the joint planning area agreement. So got a motion by Commissioner Anderson. Second. Second by Commissioner Velasquez. All those in favor? I. All oppose. Motion carries unanimously. Next up, utility upsize agreement and South Vladimir. Good afternoon everyone. Uh mayor commissioner Vmir Simonovski public works director. What we bring to you today is the utility upsize agreement for Onage South subdivision. And basically in summary, PY Home LLC onage South project intends to construct 16inch water man, 12-in sanitary force man, and a 16-inch recline water man along F Drive from West Kelly Park Road to the Onage South subdivision. This is the one we discussed a few months ago. Uh some of the commissioners was were asking who's going to extend the utilities along Fe Drive. So this is the first development that is coming in and they're extending it all the way to their entrance and it's going to be just north of the future entrance to the Orlando Health Hospital on the west side. So while the project only while the project only requires an 8 in water man, 6in sanitary force man and a 6-in recline water man to serve its immediate needs, uh the city has requested a 16inch water man, 12in sanitary forceman and 16inch recline water man instead to accommodate for future regional development as outlined in the city's utility master plans. Uh the utility upsize agreement reimbures PY home company LLC for the material only cost difference between the smaller utility required for their project and the larger infrastructure requested by the city to serve anticipated future development. The engineer's opinion of probable cost is included in exhibit C in your packet which is a total of 800,18 and 111.56.

1:13:44 – 1:15:42Speaker 1

Uh the funding source is coming from the water wastewater and reuse impact fee funds and this is important. We had this discussion during the budget what comes from the operating fund. What comes from the impact refund? So these are new utilities. Basically everything is being funded by the new development. Nothing is funded through the utility rates that is affecting the existing uh customers. So by that being said, staff recommends the city council authorize city administration to execute the utility upsize agreement with PY home company O L O L O L O L O L O L O L O L O L O LC for the on South development. Any questions for Vlad? Anybody from the public wish to speak on this one? I'll be back at me 3603 Golden Gem Road. I'm glad tonight that we seem to be a little bit more certain about where funds are coming from because there was some opinions that weren't correct on Monday night about where funds were coming from from general funds or impact fees. So I would agree that these are impact fee funds. But the question arises, if we are planning on increasing and doubling the size of those pipes, does that mean that it's our intention to double housing developments along that road in that area? Because we at Onitch at the end of Onitch are basically the limits of the KPI. So that if we were to go down the road of having in fairly increased development further than that, it would be outside the KPI. So are we advocating at some stage or

1:15:41 – 1:17:40Speaker 1

other that we're going to increase the KPI? Because if we're not, what's the necessity for it? The other thing is you're asking for increased capacity. You can't supply the demand just now. You're not going to be able to supply that demand until at least 2030 in my opinion. So, is it pertinent to spend $8 million just now? It probably is. But the fact of the matter is this commission in this city really needs to get hand on development. They need to get a hand on the understanding of what the public feelings are and it needs to be interpreted that we don't want any more development. Anybody else from the public? If not, we'll close the public hearing. for a motion to approve the utility upsize agreement for on itself. So, one quick just to clarify, it's the total amount that we're asking for dollar-wise, it's $820,000 roughly. And this is for all three utilities basically water, sewer, and reclaimed water. Okay. Oh, I see. Okay. 818,000. Correct. And that's only the cost difference in the material that incremental difference. Because that's also per our uh land development code. It's actually section 5.14.1. uh D which is for water and sewer main extensions for master plan facilities. Uh just to clarify the KPI is not going to be changed. These sizes are basically per the utility master plan for both actually for all three utilities for water reclaim water and the sewer and they're developed uh in 2019. We're currently working on updating our master plan. Don't expect any changes there. And everything was developed for the the sizes that we're putting right now. They're based on the buildout conditions for the entire area considering the density that is projected. So built as if what we've already approved or expecting as density will be built out. Correct. As if. Okay. Correct. Understood. Thank you.

1:17:38 – 1:19:37Speaker 1

Any other questions? All right. Look for a motion to approve the utility upsides agreement for Onage South. So got a motion by Commissioner Smith. Second. Second by Commissioner Anderson. All those in favor? I. All oppose. Motion carries unanimously. Next up, authorization for street closure for Pop High School and we have a high school band showcase. Good afternoon, mayor and commissioners. Um, I'm here tonight or this afternoon to author get the authorization for the street closure for the Apka High School and Wakiva High School band showcase. Uh, the street closure is requested um for a city-led event for the Apaka High School and Wakiva High School marching band showcase. The event date requested is October 4th and the requested street closure is on Fifth Street from Park uh to Central Avenue with access to the Fifth Street parking lot. Road closure to begin at 4:30 October 4th, 2025 and will reopen at 1000 p.m. the same night. The event is a fundraiser to help Apka High School raise funds to participate in the parade that they're going to London, England, and Wakiva High School to participate in the Sugar Bowl parade in Louisiana. Uh the V, excuse me, the event has been developed and reviewed by staff including the police department and our fire department and is recommended for approval. Um the item is being brought for you uh to this afternoon uh to get a recommendation to close the streets. Okay. Any questions for Cindy? I did have a couple questions. Thank you. Um and I missed you yesterday too at my agenda for so sorry about that. It's okay that it wasn't able to ask questions there. So um or specifically to you for these. So the the picture that's shown here is slightly smaller than what is I guess in the packet. Was it updated in the packet? Yes, it was. And we did that because we have an event at the Apaka Community Center. So, we're going to block the central side and we have spoken to the renter for the Apaka Community Center

1:19:36 – 1:21:32Speaker 1

and they're going to use the entrance off of Washington um for that rental uh and then use the overflow in the grass area to accommodate their rental. And then on uh the other side of Central, we pushed it in a little bit because we're going to have the bands actually will be in the street um obviously with enough room for emergency services to get by. Uh, so that's the reason it's kind of shifted over a little bit to the left. Okay. Okay. And then are we is it it's a city ran event? Yes, sir. Okay. So, are there is it our insurance that's covering this or I guess how's that how's that work? Yes. Yes, sir. Our event will be covering it. Okay. Our insurance will be covering. Yes. Okay. Got that. And then do we have any vendors that are going to be on site? The only one that I know of right now because it was kind of a last minute thing is we are going to have a face painter there, but other than that, this is strictly a fundraiser for the bands and that's what we're going to focus on. Okay. Uh All right. Perfect. Thank you. Thank you. All right. Look for a motion to approve the street closure for Popka High School in Wikava High School. So moved. Got a motion by Commissioner Anderson. Second. Second by Commissioner Vasquez. All those in favor. All opposed. Motion carries unanimously. Next up, ordinance number 3119, second reading. Any changes? No changes. No changes. Anybody from the public wish to speak on this one? If not, we'll close the public hearing. Look for a motion to approve or adopt ordinance number 3119. Got a motion by Commissioner Smith. Second. Second by Commissioner Anderson. All those in favor? I. All oppose. Motion carries unanimously. Next up, ordinance number 3120. Any changes? No changes. Okay. Oh, I'm sorry. I I need to go back. I am so sorry. I getting ahead of myself. I'm sorry. Go ahead. You need to Let's go back to ordinance 3119. Sorry

1:21:32 – 1:23:30Speaker 1

about that. Supposed to read it at that public comment. Ordinance number 3119. An ordinance of the city of Apakka, Florida, amending the future land use element of the Apakka comprehensive plan of the city of Apakka. Changing the future land use designation from county industrial to city industrial for property owned by MG88 central Florida cold storage to LLC located at 2424 and 2428 West Orange was Trail comprising 0.38 acres more or less providing for severability conflicts and an effective date. Okay. Any changes? No changes. No changes. All right. Okay. Anybody from the public wish to speak on this one? Not close the public hearing for a motion to adopt ordinance number 3119. So move. So motion. Got a motion by Commissioner Anderson. Smith was the one second. It was second by Commissioner Smith. All those in favor. All opposed. Motion carries unan. Next up, ordinance number 3120. Ordinance number 3120. An ordinance of the city of Aapka, Florida, changing the zoning from T transitional to IL Lightn property located at 2424 and 2428 West Orange Blossom Trail owned by MG88 Central Florida Cold Storage 2 LLC comprising of 0.38 acres more or less providing for severability conflicts and an effective date. Any changes? No changes. Anybody from the public wish to speak on this one? Not. We'll close the public hearing. Look for a motion to adopt ordinance number 3120. Got a motion by Commissioner Velasquez. Second. Second by Commissioner Smith. All those in favor? I. All oppose. Motion carries unanimously. Next up, ordinance number 3121. Ordinance number 3121. An ordinance of the city of Apakka, Florida, amending the future land use element of the Apakka comprehensive plan. The city of Apopka changing the future land use designation from residential medium to

1:23:26 – 1:25:26Speaker 1

mixed use for property located at 155 MA Street owned by Magic Houses LLC comprising 0.27 acres more or less providing for severability complex and an effective date. Good afternoon. This is Jun Planner at the community development department. The applicant has requested a smallcale future land use amendment for the property located at 155 MA board street from residential medium to mixed use. The size of the property is 27 acres and the site is currently vacant. The current future land use is residential medium allowing maximum 10 dwelling unit per acre and the mixed requested zoning is mixed use allowing 15 dwelling units per acre. The property is located within mixed use downtown zoning district and the amending the future land use to mixed use will make its future land use consistent with its zoning purpose. Per the land development code appendix F downtown area map 155 MA board is within CRA over overlay district and per comprehensive plan future land use element policy 3.1.R are areas within the CRA shall be allowed to have mixed use design um I'm sorry shall be allowed to have mixed use future land use to encourage encourage innovative land use techniques creative urban design environmental protections and the use of the sustainable development principles and practices in addition um per land development code 3.6 6.3 mixed use downtown zoning which is currently zoning of the property subject to property. One of the purpose of this zoning is higher density residential development and states and it states the um town home dwellings as you can see their conceptual plan. The

1:25:24 – 1:27:20Speaker 1

purpose of the purpose of future land use amendment is for the development of town homes town home for three units and without changing future land use future land use town home cannot be permitted due to density limitation. The DRC has recommended approval and the planning commission has anonymously recommended approval of amending official land use from residential medium to mixed use. The recommended motion is to accept the first reading of ordinance 3121 and hold it over for second reading and adoption on October 15, 2025. Staff and applicant are available to answer any questions. Okay. Any questions for June this item? Uh yes. Okay. Go ahead. Uh and explain again why with the current zoning they cannot build the town homes. So um so our recommendation on future land use change is based on comprehensive plan and then also the zoning. Meanwhile um so right now it has a it has official land use allowing 10 dwelling unit per acre because of the size of the property. Um it only allows two dwelling units per acre which means duplex with the current zoning duplex is not permitted use. Um meanwhile as you can see this is um future um mixed use downtown u our land development code um encourages high higher density residential with the town dwelling. If we change the future land use to mixed use then it allows to uh to uh meet the purpose of mixed use downtown. So uh and it allows to have higher density. So with with current with with current future land use it only allows to build one single family house detached.

1:27:20 – 1:29:19Speaker 1

Okay. Now okay so this slot is what 52 feet wide wide wide 65 I think it's 65 wide. Okay so 65 ft wide. So this this is just contextual plan that we received uh during theformational meeting. This is not final um plan they submitted and um as I understanding um the developer was worked on the um fire chief and other um um with us to u meet the code requirements and all the requirements that um has to be meet their um visual uh land development code. So um I present this uh concept plan because to show that um this is for the town home with the same three units. Go ahead. Commissioner Velasquez. Well, I had some concerns because the parcel is small. I actually have the notes from the planning and zoning. Um a mixeduse would give 15 units. Yes. per per acre. 15 units per 15 dwelling units per acre. But this is 27 acre. Yes. So meaning that if we change the future lens to mixed use, it will allow maximum four dwelling units per acre based on calculation with a new uh new with the 15 dwelling unit per acre. And then um the developer uh has proposed that they their intention is three units for the t of the town homes. Would they be building town homes there if they change the future land use? Yes. And if if they leave it as is, what can they build there? They can only build one single family house.

1:29:17 – 1:31:17Speaker 1

They can only build one family. Yes. Because uh with the size of the land uh with current future land use density which is two dwelling unit per acre it allows two dwell two units on this property. However, town home is not permitted in mixed use downtown area. So now the surrounding area around that they're all single family homes. Well, um based on site visit, um the properties next to it was vacant, but um there are some single family houses. I I don't know. Even the way the the parcel is, it's kind of awkward. Some town homes in there. Why don't we got some more questions? I know that the applicant's here. You want to maybe we can direct the questions to to the applicant maybe? Yeah. Is that okay? And name address for record. Uh good afternoon um honorable mayor and honorable commissioners. My name is Magno. I'm representing here magic houses. We are the applicant of the this process. We are a real estate development company that work here in Popcasta since 2018. And we are always committed to provide to the to this city the best quality uh final product that we can in in the houses that we built. And like we are planning to do in this area uh three tow homes of 2,400 square ft each one uh with two stories, four bedrooms, three be uh two bathrooms, two car garage and I said always committed to our DNA that is to provide the best quality that we can for the area.

1:31:14 – 1:33:14Speaker 1

Also I wanted to highlight that we worked together was our colleague said here uh with the Apaka building department here to comply with all the regulations all the rules that we have in the code and including the density that this says that the the the pos the density is 15 units per per acre and therefore we would we are complying with the this point. Um moreover uh it's not just the density but we discussed all other points revolving the code and we are was our colleague said here we like comply with all this and therefore honorable ladies and gentlemen I would like to to be open to answer any questions from you but also with the assistance of of the colleague that presented before me. And finally, I just wanted to end this quickly presentation to say that we would be honored to h continue to work here providing to this city of Apopka the uh high quality houses and town homes in this case for all the citizens and to contribute contribute to the economic and social development of the area. Thank you. Go ahead. Okay. What are the the price point for these town homes? The price points for the town homes. Um I would like Yeah, sorry. We we didn't discuss it yet, but we are planning to do competitive prices and that is suitable to the area and in the same but at the same point to make it uh high quality there uh in comparing comparing to to

1:33:12 – 1:35:11Speaker 1

the area and to the all the other buildings that we worked at in the past. You know what I didn't get is that do we provide sewer in that area? Everybody has Okay. I just want to point out one thing that this is within CRA district and our comprehensive plan uh says mixed use shall be allowed in CRA district but this is legislative item. Still decision is up to city council. Dr. Jun, would I ask you if you could just speak louder? I'm sorry. So, this is within CRA overlay district and then our comprehensive shall be allowed in CRA CRA overlay district. But this is legislative item. So, decision is up to city council. My concern is are there any other town homes around this parcel? One block over. One block. One block over to the west cuz we don't like it. But well, and to the east as well. I don't know if they're town, but there are duplexes or kind of multif family properties. Yeah. to do. Let me ask you, prior to this project being presented, did someone else apply to have a single family home built there and was denied? Um, not that I didn't had a project that regarding the um single family house on this property on on in mixed downtown area, but I would like to defer that question to planning manager. I'm not aware of anybody applying for a building permit for a house on that

1:35:08 – 1:37:05Speaker 1

property. Okay. Any questions for either June or for the applicant? Well, we are trying to encourage um housing in in that area in the CRA. My only concern is, you know, is it building three town houses that they don't become rentals and that they become home ownership? I mean that I mean I'm thinking ahead, but that area around there is all home ownership and they're all single families. I'll defer that question to the obligant. Next amount of profit. Our purpose on our development is to commit with the selling of the ownership and not to buy uh to buy them. So sorry to construct any uh rental property there. Okay. It's only for sale want. I think that's what Yeah, that's okay. All right. Everybody good? Okay. All right. Open up to the public. Anybody public want to speak? [Music] Alber 360 3603 Golden Gem Road. It's good that we're looking to sell these houses and have home ownership, but the mere fact that a developer says he's going to sell it doesn't preclude someone coming in and purchasing it or purchasing three homes and then renting them out. So when we have developments that we want to be protective over, is

1:37:03 – 1:39:01Speaker 1

there any way we can enter into a caveat with the developer that it's in their contract that the home if it's sold cannot then be resold for Riddle? Anybody else? Rod Olson, 3156 Rolling Hills Lane. This brings up just a ton of questions. First, you've been much better at producing and showing the number of acres for each one because what I thought I heard earlier was 2.7 acres. Now I hear.17 acres. I've asked to have it on the agenda so you can look at it. As you recall, last week, last meetings was 485 pages. Not many people make it through that. It makes you out of a hunt and peck. Today, I didn't have the chance or this week having the chance to dive into it. Raises other questions. First of all, it's single family property around there. How could we have 10 dwellings per unit per acre on it and moving it to 15? We have to take a good look at our comprehensive plan. Is it accurate? the fact that if I had a single family home, which most of these are here, and I see two or three stories going up next to me, because to get 15 per unit, you're talking about going up, not out, what is it going to look out look like from outside my home? Um, let's see. Acres got that. No, I covered my points. Thank you. Sebast only had a few things. Um uh one I'm concerned about we don't have the price. Uh what are we going to be trying to sell them or rent them for? So I think you know that need to be

1:38:58 – 1:40:56Speaker 1

forthcoming. And then also when we look at the CRA zone, the CRA map, uh keep in mind for moving forward in the future, uh that area is zone that way because of certain uh poverty you may have it. So when we are doing anything in that that area and we're trying to do what's best for the city and moving forward and change the culture and the environment, it's it's critical that when we build we build for prosperity, not to keep the area in poverty and not to for improvement for five or six years and then we're right back into the recycling generation of poverty. So when we building in that area, let's look at building for prosperity and let's look at building where some place that you and I would want to come and live. Thank you. Anybody else? Okay. was the pre prior speaker said, I just wanted to to highlight that is in our DNA to not build only with just uh low quality but is with a high quality like we said we build here for eight years and we never have any any complaint from the buyers and in fact all of them said that the all the finishing So the structure is amazing and and and because of it I wanted to highlight it and we are a directly aligned with our formers brick that we build and build and we continue building uh unities for prosperity not only for the the

1:40:53 – 1:42:51Speaker 1

habitants for the h the own the homeowners of the unities but the to the whole area that we building and to the whole the whole city of Apok. Thank you. Okay. I'm my name is Anard. Ladies and gentlemen, uh he Magnus is my partner a magic house. So I just briefly speak about the company. So if you're looking uh the product we are building right now, you just go to the 10th street and we build the three houses right there. If you go inside the house and see the quality we develop and the place, everybody knows about the 10th street. So we develop and we build there when people doesn't believe that. So we deliver I think one of the best product in the area because we believe in that area. So we bring develop not just for a month for a year or nothing. So we have more than 10 properties ahead and projects coming forward. So this is one of the other properties coming soon. However to build if you're looking around this block you're going to see the type of the houses that of course it's a single family house for sure but looking around look at the type of house. So I try to improve the value, try to bring more quality for this neighborhood. So if you're building just one house, if it's allowed, it's going to cost way more for someone some someone else in the neighborhood want to buy a better house to live. Buy a better house for I mean to create your family. So as soon as you build a three townhouse, our cost going to be way lower. About the price wise, you cannot tell right now because everybody knows what's going on for now. The tariff is everything is going on. But if you're talking about it's it's not a commitment but I would say nowadays if based upon the former prices that house is going to be like a 330 340. So I it's very doable. You can buy the two twoc car uh twocar garage, four bed, 2400 square footage with the quality of the magic house products. You can go in 10 suite. Everybody's invited. Go inside the house. We have open house Monday to

1:42:50 – 1:44:49Speaker 1

Friday and see the quality of the countertops, the quality of insulations, everything. It's a welldesigned and wellm made it. So that's the product we would like to deliver on the AMA board because we believe that neighborhood deserve this kind of product and they they might not be able or they not be willing to pay 450 whatever amount of this house. So if this great commission and the public allowed us to build I promise you you're going to develop nice product and every people who lives in the neighbor that are going to be proud to have to has this development as a neighborhood. So thank you. Okay. Thank you. All right. So, I know we had some discussions, some questions. Uh, so what's the pleasure of the board on this one? Well, I think it matches with kind of the CRA's goal is to it was designed to uplift the community and in projects like this, as long as it's what is described here, that's the goal is to kind of infill, which is what one of these sites are, this specific site is, is to kind of infill the area and start bringing more homes into the area, which creates more community as well. Um, but really the goal of like a CRA as well is to have government kind of make sure that any investments they have there, sidewalk, streets, street signs, parks are kept up as well. And that's the goal here is to make sure that we hold developers feet to the fire, but we also hold our own feet to the fire of maintaining, preserving the assets, streets, roads, sidewalks, uh, parks that we have as well in that area. So, I think this matches with what the goal of a CRA is. And again, it's that balance of making sure we're not gentrifying the area either. We don't want to kick out the multi-generational uh residents that have built their their lives there as well. So, it's a delicate balance, and I think these small projects help to benefit that little by little and not push anybody out. Um, so I I think it adds to the community. Uh, time will tell, but I think it's a it it's one of those small pieces that fit into the pie of what a CRA's goals are,

1:44:47 – 1:46:46Speaker 1

right? They did have a community meeting. I mean, one person showed up and she was in favor of the project and obviously she was a neighbor of the project. So just, you know, we were asking the questions because um we understand the CRA is a very delicate community and um we want to help build in the CRA, but we want to be able to have an opportunity for the residents in the CRA to be able to, you know, purchase the new homes that we are allowing to be built in these areas. So, but we appreciate that you responded as you did and um you know, thank you. So, you asked for for motion to I I I just I don't think it fits. Okay. And the reason why I say that we're talking about a two-story building that's going to be built next to a single family home. And so because of the size of this property, that means that the person that's next door is going to look out the window and look into a wall. And so I mean, I I I have no problem with uh new development and things that's going to help a bit. I just don't think that this particular product being a two-story product uh fits in the middle of single family homes. In addition to that, um that's why I asked that question because I don't think it actually fit as well. Um I think that community in regards to and I understand why the applicant would want to put multiple units there because they're able to maximize their profit, but I just don't think it actually fits with the design and kind of what that community needs. So I I actually agree with that. So I think we should leave it. We're a single family home and I don't think we should actually allow for So now let's let's let's step back though. It's would be zoned uh for two units. Currently stands as of now. As of now, it allows two

1:46:45 – 1:48:44Speaker 1

dwellings per acre but it would also allow for but the size because of the um even though it allows the two dwellings per acre because of the size of the property it won't the property won't let to develop um duplex. Mhm. So their only option will be one single family. Yeah. So only it will allow one single family. What? One single family, right? one single family. But now I just Smith when I'm looking at where they're at where what is the distance between the private home and where this property is at because I'm I'm looking at the uh the home that the street and that's their backyard. The home that the street is named after MA board, right? her house is adjacent to this piece of property. The homeowner had to remove the awnings off their house because they overhung on this piece of property. So if a twotory house twotory town homes go there, all she going to have is a wall. It's right there. She won't be able to come out her back door. Hello, commissioners. How are you doing? on Mayor, the property you're talking about is abandoned. The one to the left, there's nobody that lives there. It's It needs to probably be demolished. So, that's the one that you're talking about. The awnings that they just moved because there's a school teacher living in there and they put up a fence. I They're never You're talking about the one that's directly beside us. Yes. They're never there. There's windows. Their windows are busted. But even in the event that someone moves in and is renovated, they'll still have that same issue. Well, it looks like it needs to be demolished. So maybe we need to go and take a look at the property before we base it upon that property because it doesn't It looks like that one's going to be eventually demolished. But even if it's demolished, they will still have to build it back and they'll still have the same issue that he's

1:48:44 – 1:50:43Speaker 1

referencing. But whoever buys it may turn it into the CRA district and build two single families. It's a big lot, but we're not sure. But as it is stands today, it's a single family home. Yes, ma'am. But I just for the record, the windows are busted. So it looks like it's going to be tomorrow. It looks like they probably did work out trying to get some CRA mounts to fix the windows. Well, maybe we should. Thank you so much. Thank you. Is there an opportunity from the applicant? Are we Is there a design that you guys can come up with that makes it a single story three single story town homes? I know it takes away a substantial amount of square footage. I understand that, but is there is there an opportunity to do that since that's obviously the biggest concern here? Why don't we Why don't we do this? Why don't we continue this and if they want to bring back the product that that meets Commissioner Smith and Commissioner Anderson's um need then we we can uh so why don't we do that if we maybe look for a motion to continue this one um two weeks or you need probably a month to come back with something that that you can present. You know what I'd have to go and look at the property again? Why don't we give them a month? So let let's let's bring this if look for a motion then to um to continue this to what's the first meeting in November? November what? 5th. Okay. So let me look look for a motion to continue this this item uh motion ordinance number 3120 to the November 5th city council meeting. I move that we continue this item to the November 5th city council meeting. Ordinance number 3121. Okay. Got a motion by Commissioner Smith. Second. Second by Commissioner Anderson. All those in favor? I. All opposed. Motion carries unanimously. Yeah. All right. Next up, ordinance number 3127. Ordinance number 3127. An ordinance of the city council of the city of Apka, Florida, amending chapter 78, utilities of the city's code of ordinances, authorizing the establishment of fines for the unauthorized tampering of utility systems, including meters,

1:50:41 – 1:52:37Speaker 1

providing for codification, providing for severability, providing for conflicts, and providing for an effective date. Thank you. Blanch Sherman, finance director. Good afternoon, mayor, commissioners, the city Okay. The city council desires to establish fines for unauthorized tampering of the city utility systems meter equipment to create a deterrent and recover the cost incurred to repair in repair the meter. The following are the fines for the valid u violations. The first offense we're looking at $250. Second offense $500 and the third offense a cut off of services. Attached in in your document is ordinance number 3127 amending chapter 78 utilities of the city code of ordinances to establish the fines and the meter tampering. Any questions for Blanch? I have a couple questions. Um the we've discussed this for a while. I guess there was a couple concerns specifically to the ordinance itself. One speaks about one part of it. It's on line 50 of the ordinance which reads, "No unauthorized person shall open or close valves, cut into or make any connection to the system." There's a lot in that. I know it's a one sentence and short, but there's a lot in there. And so, what happens if a resident has a flood in their house and their valve to their that's on their side is broken? They can't find it. It's buried, but they know where the valve is there. So, we're going to find them if they turn off the water to their house while it's flooding. I don't think that's tampering with the meter. You're talking about the connection meter, not the valve. Well, it says valve. Okay. But again, so I I know what the it says. I know the difference between meters and valves. It says valves. Okay. I'm just want to share something with you. I did also gather some

1:52:35 – 1:54:34Speaker 1

additional information at the request of commissioner. The last question. Thank you. Oh, I know. So, this is a comparison of three other municipalities to city of Akoi, Winter Garden, and Mount Door and what they do in regards to fines for meter tampering. So, the language that you were reading of course is something that is already included in the ordinance. Basically what we're trying to do here is um amend the ordinance so that we can to establish the fines so that we can I understand it's already there. It's just now that it's brought to you know time to more to light. It's again how do we work through that issue? Are we going to find somebody for turning off their water while they're having a flood in their house? I don't think that would be appropriate. I agree. I don't think it would be appropriate. And then with this, and this is similar to number five as well that's coming up next that we're going to be going over. A lot of these issues came up because of developers developers switching valve or switching meters um cutting and and splicing meters to to just get their cos and kind of keep things moving. Correct. No, the what the developers are doing that's a different situation. This is because of the customers. Developers are relocating meters which is tampering. That's a different again that's a different situation. They are relocating the meter from res one resident to another. That's the thing. In our meeting that we had yesterday,

1:54:32 – 1:56:32Speaker 1

you use that as an example of tampering that they're splicing it that they're moving them that they're and when we use those terms, we were referring to the customer that is slicing, splitting the wires and all of that. That's what we were referring to. You're not saying any developers are doing this. No, they're just relocating them. But that's not tampering. I'm not saying it's not tempering. I'm saying that this is related to the customer. Well, I'm with I think what Commissioner Ness is saying is correct. If if we get a a builder out there is like we've talked about with John Hansen is so you got five houses and they put you know they've got the complete set which is valve um meter and the flex net on top and house number one doesn't sell and they go to house number five we just sold and they take the flex net off of one and put it on five that's tampering and they're gonna pay I'm not saying but we already have we're already charging them for that the developer we're going back and asking them. We talked about establishing the fee to charge them for that. Yeah. But they would still be eligible for this fine. Yeah. This new fine. They would that would be tampering. It would be correct. Findable. So that is included in this. Yes. If you want to apply to the developer, we didn't discuss it to that level, but yes, it was the focus here was on the customer because the developer is a customer as well of our utilities. I understand that, but I'm just I'm only sharing with you what the focus was in regards to the customer. We you know we did discuss developers yesterday though with this the developer is a customer. Let's put them in that category. I I agree. So I guess the and why I'm asking that question is so with SP 180 Mhm. there there's talks of restrictions and kind of more burdensome things that a municipality may do. So would a could a developer say this is more burdensome. You're slowing down our process. Things of that nature. So I I'm just trying to say like is there a line?

1:56:30 – 1:58:29Speaker 1

I'm I'm just trying to This is a It's a weird beast that we're dealing with with SP80. Is it uh possible that someone make that claim? Yes. While they were explaining how they were acting as as a criminal. So, good luck. That's I mean, but that's but crazier things happen. Look, if you're wanting me to get on the bandwagon of the legislature should actually sit in your chairs and figure this out, yeah, they ought to because they don't get it. But yes, not only this, you talked earlier about the the joint planning area agreement and so forth. It depends, you know, it's like beauties in the eye of the beholder. In this case, more restrictive or burdensome is in the eyes of the developer. I think it's defensible for good reason. You can probably imagine, like I said, we were trying to steal water, but that's more burdensome if you stop us from doing it and find us for it. Could they make that claim? Yes, they could. Do I think I could beat them? Yes, I could. However, as you all know, everything that's gone to Tallahassee about SP 180 to say, is this okay has gotten rejected. No, this is not okay. So, who knows, right? And and that's and thank you for that. And that's that I have the same kind of question about number five, which we can discuss separately. Uh our our next item on the agenda is that can that too be perceived as a uh more burdensome on a on a developer? So, but I'll we'll stick to to the meter tampering. I just wanted to kind of understand. So, and this will be fined through your a water bill. This isn't going to be a code enforcement issue, right? It goes through the utility billing. Okay. And then so it'll be public works that's running that. Is it finance that's kind of running that? Who's who dictates to who? Public works um is the one that determines that the meter has been tampered with through the work order process. They will let us know to build them accordingly. And so we'll be tracking it through our system. And is there any type of uh arbitration or if they want to fight it and say that wasn't me, there was somebody else. That

1:58:28 – 2:00:27Speaker 1

was an old owner. That was a tenant that did that. That wasn't me. Is there is there a process in in in play for that? Not in regards to arbitration or anything like that because again our ordinance this is why we're putting it in the ordinance. Okay. I mean they're going to come to us then which is fine that. So we just need to understand that that's going to be a process moving forward here. Uh, okay. Thank you. So, is there a fine for developers moving a meter from one place to another? Yes. And what is that? Again, I think they try to he wants to apply these fines right here. That's what the mayor is indicating right now. He wants to apply the same fines for them moving the meters as well. I I think the developers all be held at a higher rate personally than you do a customer. Let me just briefly discuss that. A a a a crime is a crime is a crime. Tampering is tampering is tampering. Doesn't matter we developer or the quote end user customer. It's still a problem. But there isn't a basis at least in what I am able to discern from the existing ordinance and critically important. The only thing that's changing in this is the underlying parts. Everything else is already there. So the underlines are what's new which gives us the opportunity to put in a fine system for uh these this tampering issue. But I believe let me go back and look at I believe the resolution for what the fines will be is a different thing. I don't think we Yeah, we have to come back with we're going to come back with that. So if we can justify a different fine for developers quote versus end users then I'll be happy to present it. But just know that typically if I as a city attorney speed I get the same fine as Joe Smith who's not a city attorney and there's not really a distinction even though I should know the law perhaps better than Joe Smith and I understand that but as a developer if it's only going to cost me $250 and I can sell a house I'll move to meet and pay $250.

2:00:25 – 2:02:25Speaker 1

I I agree with you. If I can justify it legally I have no problem doing it. Okay. And then because it's a developer are is it per address or per customer? So, we're cutting off, so let's say they get to a third offense. We cutting off all of their services to everything that they own under their entity or is it just for that home? It's for that home. And then which home is it if I move meters? And that's what we like again when they determine that they have moved the meter is where they moved it from. And a meter each meter is assigned to each home through a like a serial number, something of that nature. Yes. Correct. And if they don't pay this, it's similar to a water bill in the same sense that if you don't pay it, your service is shut off. Yes. Third offense cut off. No, but I'm saying I get I get a first offense and I'll pay the water portion of my bill, but I'm not paying the first offense portion of my bill. It's still shut off. Yes. And eventually uh Allah Errol Estates, it turns into a very large lean which was paid off what this week? 924. Yeah, understood. Okay. Any other questions for Blanch? Okay. Anybody from what we should call this one 3603 Golden Gem Road. Simple question. Why? You're supplying water. It's a public utility. Juke Energy supplies electricity, a public utility. When you circumvent the meters, Juke Energy doesn't do anything other than send the police to you. It's a criminal offense. They don't decide who might or might not have been involved in the crime. They leave the police to prosecute it. However, what you're going to do is set yourself up as judge of juries to decide who is guilty or who is not guilty a

2:02:22 – 2:04:21Speaker 1

tamper. If you feel that's good investment city hall time and effort, that's fine. But it already exists for you to take action legally against anyone that tampers with a water meter. So why are you doing it? You just want more authority? No. Leave it where it stands. Sylvester Hall, that was one of my questions. Why uh is there a need for this? And how many meters have been tampered with? Do we have a count? Because the last time I heard we're taking estimates on the meters. So, who's actually going out and finding this damage? If we doing all the estimates when it comes to reading the meters and wouldn't this be better time figure uh serve to figure out how we going to go and start a process of actually doing actual meter readings. How many meters we have? How many man hours it's going to take to go and read those accurately? what is the pro progressive time that we have to put forth and making sure that the reading is is documented accurately and people are build according to what services they using but we spending this time trying to come up with who's going to tamper who's tampering with meters I'd like to know how many cases you have had reported meters being tampered with that it becomes a issue that we have to bring to the floor. And also, how you going to prove who did what? If I'm a homeowner, I didn't do that. Did you see me? Anybody could have come and vandalized it. These are the issues that we have.

2:04:19 – 2:06:19Speaker 1

So why are we making more work when we need to be focused on how can we start a process where we can actually go out and read meters and build the homeowners according to the water that they use instead of making estimates which make us look like a butthole when you come out to building people. We're still building people from estimates a year ago. So when you say make it make sense, make it make sense. Thank you. Anybody else? Rob Olsson 3156 rolling hills lane u they've covered most of the points that I was looking at uh doing the question what's the burden of proof the aspect of we identified over three years ago there were 60 6600 I think water meters that were not operational we still have 4,000 of the last report we have aren't how much of it is operational how much of is it really being tampered with and as as Mr. Hall indicated, what's the burden of proof? Did Rod Olsson go out and modify his major his meter or was it someone didn't like Rod Olsson moved it and said, "Hey, look, you ought to take a look. I saw a guy out by the meter." Thank you. Anybody else? Okay. Close the public hearing. So, yeah, I mean that that brings up a a few good questions obviously here. So, there's in the ordinance already it states that the offender may also be subject to code enforcement proceedings. So, this does turn into a code enforcement issue at one point potentially. I guess it could based on the ordinance. Okay. So, what's the I guess let's I'm going to stick on that. I got a couple other things. What's the plan then? Are we doing a code enforcement? Is this a code enforcement that they need to be going out and handling this or is this a public works that public works is the one that maintain the meters and as they go through and they're if we have a meter that is

2:06:17 – 2:08:16Speaker 1

probably estimating that means that either that meter has stopped something has caused that meter uh to estimate usually it's you know the process in regards to that. So when we issue the work order, they go out and they look at the meter. That's when that determination is made. They can make that determination whether the wires have been cut. You know, something that has been damaged that's not related to the meter itself failing or the antenna itself failing. It's because someone has tampered with it in the wrong way. And that's going to it's a public works decision then. Yes. It comes from their when they go out. So, and that'll only be happening when, if I'm hearing you correctly, when they're going out to replace meters. Yes. When they're going to repair that meter. Okay. On top of everything else they have going on. To validate that. Yes. Okay. So, and then do we have a current count like because the fact that we're bringing this up again means that we've this is has to be a big issue. Do you have a list that you can provide of over the past year this address did it, this address did it, this address did it, or this customer or Yeah. Uh, Commissioner Velasquez had requested some trends that takes, she wanted about three years. That's going to take some time. We do have alarms that go off, but the alarms could be related to different things and not necessarily, you know, customer tampering with it. So, we'll have to go back and look at some of the work orders and see, you know, did they indicate anything such as that, which unless you're recording that data in some capacity, we're not going to capture that. It's recorded. It's just not easy to accumulate. So, we don't know if it this is a ongoing huge issue or if this is a kind of a more smaller issue that maybe happens less frequently. There's no data that we have right now available. Um, we got enough. We're trying to lower the the whole purpose of this is to lower the water rates. I mean, if you don't want to lower water rates, let's

2:08:15 – 2:10:14Speaker 1

just leave it alone. We could have just voted to not lower the water or increase the water rates. Well, you couldn't vote. So, it it Well, well, that's Do you have the data then that you're basing this off of, mayor? So, let me I'm not finished yet. Thank you. So, do you have that? Commissioner, I'm reclaiming my time. I'm not nearly done. Do you have the data available? No. Okay. So, there's no data available to show that this is an ongoing issue. And so, then the point that was made too and I'd asked the same question kind of that burden of proof of if something happens there or again if a construction worker runs over, they're doing work on my next door neighbor's house and they run over my box in some capacity. Nobody catches it but except you guys do. Hey, meter's broken. So, then I get fined for that again. What's the resident's recourse, I guess, to say like this was an accident. This wasn't clip. It is apparent that none of you guys have ever been to code enforcement. We get code violations all the time. Somebody cuts down a tree, nobody sees it. Trees down, didn't have a permit. Guess what? It's on the property. That's where the violation attaches. That's how this goes. If you think about any crime, there are often no witnesses. How are they proved? With evidence. What's the evidence? Well, the evidence is we we had uh that the services were continued to be provided to the property that they continued to take them that they stopped paying that they didn't pay ever a bill which anybody would have known and so forth. So, is it circumstantial? Sure. Does it happen literally every day? Yes, it does. And so, it's not what it's being made out to be. That's the nature of code enforcement. Critically, it attaches to the property. To your point, Commissioner Neesa, if the individual says, "I didn't do it. I didn't know about it." Okay. Well, so the last six months you haven't paid a bill. So, did you have a clue? Did you report that you weren't getting

2:10:11 – 2:12:09Speaker 1

the bill? etc. This is how it goes. And then at that point, if it's code enforcement, the magistrate in your case, because sometimes it's a code board, makes a determination based on the credibility of the witnesses and the evidence, and it goes from there. That's what it does. That's how it works. So, so it's going to stay with the house or the property, not with the the person paying the bill. So, if I have multiple houses and I have tenants in those houses, I get fined for it. If you're the property owner, that is typically where it goes. Now, there are we're talking about two different things, two different things have been said right now. Then, she was saying, excuse me, Mr. Sherman was saying that it goes with the customer and that goes on their bill. He's Let me let me explain. So there is a particular statute that applies when you're talking about tenants and landlords. In fact, we just we went through this which is someone has been a tenant in a building and has its own in he she it has its own account with utility and there is a specific law that if it can be proven that the customer had the direct account and that was it then you cannot lean the property of for example an apartment that contains multiple units. That's a state law. But for everything else we're talking about, all code enforcement applies to the property. So multi-unit that's specifically to multi-unit development capacity. Correct. Okay. So then then what we're discussing is not to the customer, it's going to go to the property owner then. Well, in the majority of the cases, it if if there's a lease situation, let's just talk about that. that's going to be between the tenant and the landlord because if the landlord gets hit with a fine or something that they didn't expect and depending on whether they have a good enough lease as I guess you probably would all you know anybody in real estate understands that gets passed on to the tenant if you've got a good lease and that's what typically

2:12:06 – 2:14:06Speaker 1

happens. So if when when I sit as a coded magistrate in CMI. So that's my background for having decided hundreds of these cases. And at the end of the day when the landlord property owner shows up and they're concerned about what their tenant did, typically the tenant has already been booted and they're looking to collect from that tenant for what they are now responsible for. That so that's how it actually plays out on the process itself. Okay. So the the homeowner Yeah. the owner is going to be liable and whatever they do with it beyond that. That's how it typically is up to them. Now, that doesn't mean it can't happen that a meter is broken somehow. And you don't have a duty to report that you're getting free electric or free water or whatever it is. You don't have a duty to do that. But is that evidence that you might have had something to do with it because you're accepting the benefit? If it weren't, how do cable companies get you for pirating cable or your neighbor's internet signal or whatever else? So, that's kind of how it goes. It's not a perfect system, but it's how the system works. Okay. Thank you. And then the So, do we have an estimated I guess the whole point of this that was said is that this was supposed to be bringing down our water bills somehow. Do we have an estimate of what this savings is going to bring to us, income that it's going to bring to us? Again, not at this time, but again, even though it may increase revenue, but we're also trying to discourage. We don't want this to happen, you know, because it's too costly. So, we're trying to discourage as well. Okay, Mr. Anderson, I think it's important to understand that one of the issues is that they're having is a it's a, you know, we do have a staff, you know, shortage um in regards to the meter replacement. And if we're having staff go back out and having to continue to replace meters where they're tampered with the meters, this should be a no-brainer. I don't I don't I just don't understand it. I mean, why are we why our staff why is our residents going to flip the bill when we have people that are tampering with the meters?

2:14:05 – 2:16:03Speaker 1

I I don't understand. And and and to your point that that it's more of a deterrent. What look for is deterren. It's not It's not I don't want to collect money. I don't want this to collect any money, but I want it to be a deterrent for those that that because I can tell you there are people out there that they do it and they tell the neighbor, "Man, all you got to do is just, you know, do something to the meter and you don't have to pay water." But well, so we need to we need to have a deterrent that we can, you know, and if we need to to call it out, we're going to call it out and and and find them. So it's the builders, they need to know we're we're serious, too. I mean, we're not going to allow that anymore. I mean, John's been out there hustling to making sure that we're not switching flex nets to different houses, but so this is for everybody that out that we that knowingly is tampering with meters or moving flex nets or whatever it is they're doing. So, it's it's, you know, it's it's a it's a stick to to get you into compliance. That's all it is. And to uh Commissioner Neesa's request was I did ask her for uh data for the last three years. Like tell me how many meters you had to go respond to that were tampered starting from three years ago till now just to have a running of you know was it 50 one year? Did it go up to 75? What's the number that we're dealing with right now? Um and we don't have that data. we're going up this way, then this would help to deter um especially now that we have all these future developments coming online is just to have something in place to start discouraging the tampering. But the ordinance is in place already. We're just adding two lines effectively to it. The ordinance is in place in regards to tampering, but it does not allow us to impose a fine, and that's the only language that we're adding. But it does let us do code enforcement. Yes. Right. But to me, which would produce fines, more aggressive fines even.

2:16:03 – 2:18:01Speaker 1

Um I think one meter is too much tampered with. Okay. I agree. That's where code enforcement come into play. I just I don't I'm just following the the guidance of our city attorney, you know, in regards to how do we need to impose this and this is his recommendation that we update the ordinance. All right. And then, you know, implement it via resolution after the ordinance is approved. Thank Thank you, Blanch. Appreciate it. All right. Um looking for a motion to approve ordinance number 3127 first reading and hold over for second reading and adoption. Okay. So move. Got a motion by Commissioner Anderson. Second. Second by Commissioner Velasquez. All those in favor? I. All opposed? No. Motion carries 4 to1 with Commissioner Nesa in opposition. Resolution 2025-42. John Hansen. Resolution number 2025-42. A resolution of the city council of the city of Apopka, Florida, establishing penalties for construction activity conducted outside of posted construction hours, providing for fines and a stop work order for repeat offenses, providing for severability, conflicts, and ineffective date. Good afternoon, mayor, commissioners. John Hansen, building official. This resolution is a bit of a housekeeping item. Some this stop work orders. They've been in the code for quite a few years, but never mentioned working outside of the approved construction hours, which are 7 to 7 Monday through Friday, 8 to 5 on Saturday, and no working on Sunday. And we came up with the uh amounts of the first time offense would be $1,000, the second time 5,000, and the third time would be a stop work order for 7 days. And this is basically for contractors and developers. And that's basically what we came up with. Questions? Any questions for John? I actually had a um more so of a smaller U mom pop uh electrician reached out to me and they are they don't work on

2:18:00 – 2:19:58Speaker 1

Saturdays because of their religion. They work on Sundays. So this was really that would have to be cleared either through myself or Radley. So they can put in they can put in a request to work correct for some something of that nature. Yes. Okay. Yeah. Um, okay. So, sim similar questions to what we kind of discussed on on the last item here is well for the stop work order. Is it for the project in totality or is it that whatever home or building they're working on that we catch them at working off hours? This would be the project. So, it's an ent say 300 homes, single family homes. One home they're working on past at 7:01. If they do it three times, you're shutting down the entire neighborhood project. Correct. Okay. And then the fines and things like that, how is that paid? What's that process look like? Who would go it would go into the workflow on open gov working outside of approved construction hours. They would have to pay that before they get the co. And we have other similar fines in place or more so it's a question. Do we have other fines that kind of go through that same process uh within the building department that get charged to the developers? Mostly just that for on the building side. I mean there's other stuff on the engineering and public works side but basically that's basically it for the building reinspection fees of course but and so like for those that that get that would get invoiced that same way. Absolutely. Okay. Yeah. So they already have that set up and that's how that would get done then. Correct. So kind of same same question there too. Let's say that they weren't working late or they were or they it was a dispute. Is there arbitration? Is there any type of uh most of these I get from the police officers that patrol on the weekends and you know after our working hours. So that's they'll send me photos. They'll send me pictures of the say John's plumbing. They'll show his truck there and then that's that's basically how we get the information on that. Okay. Mhm.

2:19:57 – 2:21:57Speaker 1

And it's and that's to the developer, not to the or is it to the vendor that's doing the work? It would go to to the developer and then whatever they do with it, if they want to charge the vendor that amount, they can go ahead and do that. Mhm. Okay. But you there is some type of proof that is like a a baseline for proof of that. It's almost like you get a small police report. Okay. That shows time and date. And then so specific to SP 180, this is not a a more burdensome or restrictive It it is something someone might claim, but it would be like claiming it's more burdensome if we raise the fines for speeding. It's still you're not supposed to speed. So, I think that one's dead on arrival. I would never predict that Tallahassee would have even gotten where we are, but yeah, I don't think this is an issue. Okay. Because I'm just trying to figure out kind of where we're drawn the line as a city of, hey, this is not burden some, but this is or this is more restrictive and this isn't. Let me let me explain. It is about obtaining a permit. They and they're already building. They've got a permit. They're just simply not following the rules for continuing to build. That's different. And those hours are on every permit we issue. Okay. They're on everyone. So they they know. They know. Understood. Thank you. Yep. Thank you. Any other questions for John? Anybody from the public? Albert McKime 360 Golden Gem Road. I live next to Parkview preserve which has been ongoing for a couple of years under development. Is there any any data that the city can provide with how many times they've had to take action against a developer? I can say that it has been inconvenient at times over the the years to have noise, but again the city themselves worked at the retention pond seven days a week. That's construction. So are we going to make exemptions for some people and not have exemptions for others

2:21:54 – 2:23:54Speaker 1

in terms of looking to take action against people? We are then going to put the burden on the police because code enforcement don't work on Saturdays and Sundays or outside later hours. So, are we diverting police to go around development estates? And if that's the case, what's a cost benefit to us? Because we're going to have to employ extra police to perhaps bring in a small amount of revenue for for something. Again, we're back to the question of why. All I see is a city trying to stamp everything so that they're in control. And the things that they really need to be in control of, like dumping demolition rubble into ponds, which constitutes criminal activity by the city itself. You turn a blind eye, you hypocrites. Hang on. Hang on, John. Oh, good. Good. Just more of a question. And I was thinking that and it gets red directed at John is I was understanding that our current policy is 5,000 for the first defense and then the shutdown for a week. We talked we wanted to go with a thousand to start off with. Are you able to come to the mic just so we can see your response please? Sorry. We just wanted to give like the three strikes and you're out. Um start with a thousand. There's no warnings anymore. I mean first time it's boom $1,000. Second time the five and then we shut them down for the week after that. in I'm sorry. Thank you. That that was all I had in regards to um Mr. McKimy's comments. We get I use the police as an example. We get calls quite a bit from homeowners. That was going to be my question.

2:23:53 – 2:25:53Speaker 1

Neighbors, can we have homeowners kind of report some of correct? Exactly. And they give us basically the same stuff. They were there at, you know, 6:25 on a Saturday morning, you know, starting on the neighbors screen room or whatever. Yeah. So, we get a lot of those, too. But the most ones we get are from the police when they're out patrolling or whatever. So, okay, that's all I got. Thank you, John. All right. So, John, come back. Okay. What Mr. Mckam was saying, he's the neighbor of Golden Gem. Do these rules apply to us as the city at Golden Gem? If someone were to call and complain, never never received any that I can recall, but yeah, absolutely. Unless it's cleared between Bradley and myself for a sun working on Sunday or whatever. Correct. Or outside of the hours. Like we have early morning concrete pores. They come to me, I get with it, it goes on the website. There's plenty of times they're pouring concrete at one o'clock in the morning, but they get with us, we get with it, and they get permission. So, okay. All right. Thank you, John. Appreciate it. All right. Looking for a motion to approve resolution 2025-38. So, got a motion by Commissioner Smith. Second. Second by Commissioner Anderson. All those in favor? All oppose? Motion carries unanimously. All right. Resolution 2025-43. Is that resolution 2025-43? A resolution of the city council of the city of Aopka, Florida, determining the necessity and public purpose of a certain property within the city for right away and infrastructure improvements and other necessary lawful purposes and authorizing the acquisition of that certain property in Apopka, Florida by imminent domain or through negotiation directing and authorizing the city administrator to take all necessary actions to carry out the aim of this resolution. authorizing the city

2:25:51 – 2:27:51Speaker 1

attorney to initiate eminent domain proceedings to acquire the necessary property, providing for legislative findings, providing for conflict, subability, and the effective date. All right, thank you guys. Um, this is a backs stop. Let me explain. We're under contract with the Greenbar folks. Everything is going smoothly. Title work is being ordered. Everything should close and this should not become an issue. But if for something were to happen, if it were to break down, what this resolution does is it means we don't have to come back to you to file the necessary action to get the property we need for Kelly Park. We have this property under contract. We now have the I think it's the Risser property under contract, RJR. Also, we do not have under contract, but we're meeting with the representatives of the dentist, and I want to see it's either later in November or December. I can't remember. We we tried to set dates when they would be available. Um, and that would constitute all of those properties except there is one that was recently brought to our attention. And I told the uh developers representatives uh it appears that the property is in the county, not in the city. And I'm not sure what they think we can do about it. So we I'm waiting for them to get back to me with a response on that. But as to this property, this is a back stop only to be used if we do not close, but it looks like for everything we are going to close and it's all good. Okay. Okay. Any questions for Cliff? I I do have a couple questions here. The for the pioneer agreement there's a fund of 15 17 18 million 20 millions 20 million for your fees and this process to do all of this to get the rightway things of that nature. Is that all being pulled out of that fund or are we as a city paying for some of that? That I don't know but the fees and the cost for actually doing the taking and paying for it comes out of that fund. So, if we agree to pay, as you're going to hear me say later, a property owner x amount of dollars, that comes out of that fund. So, whatever we pay the riskers, whatever we pay the grand uh green buyer, and whatever we end up

2:27:49 – 2:29:48Speaker 1

paying to the dentists, that will come out of that fund. Okay? Because I I would think I would think it's appropriate to have your fees and whatever other fees are associated with this specific process come out of that. I'm happy to look at it, but I honestly do not know whether that is or isn't included. Um, and to be clear, these are not set up as separate matters. We'd have to go back and backtrack them out. They're all built under AOPKA because that's what we were told to do. So, in order to get them to where they'd be trackable for the developers, we'd have to go back and say, okay, how much time was riser? How much you're speaking about your specific? Correct. Got it. Okay, understood. So, that and so that obviously takes time. I it depends with council, but I think it's appropriate to do that uh for this specific project because again, if you weren't here, we'd be hiring somebody else or the developers would be to kind of massage this process. So, I think it is appropriate to pull from that fund that was supposed to pay for this. The the property itself is a um pet cemeter it it's not a pet cemetery, but it's owned by a company. I think it might have been future expansion or something. It's just a portion of the property, but yes. So, is there any type of deed restrictions or issues or a cloudy title that we can't take over a cemetery property of some sort? No, because it's not cemetery property. It is adjacent to or a part of property we own, but as far as I understand, there's no pets buried there. Okay. And we'll be doing some type of title search, I assume, as well. Uh, yeah, that's all a part of the closing documents that's actually being ordered now, which I thought, and it's through a third party company as well, it's not Goliath. What is the name of that title company? Because we picked it's not your No, no, no. It's actually a firm, a law firm that writes title insurance through Old Republic and a couple of other I think attorneys title and and several others to do the closing part. So once we get a contract, then we turn the contract over along with the legal description to the person who's doing

2:29:46 – 2:31:43Speaker 1

the closing. They order the title work. They then send out the commitment to be reviewed and approved in this case by us. And if we approve the commitment, then they will prepare the closing documents and set a closing date. Would there be anything on the title that you would object to after reviewing it? Yes. A restriction that says we couldn't build a road there. Okay. Or whatever else we need. Um or if it showed this is cemetery. There's a specific statute that violates state law, right? But I don't think that state law applies to pet cemeteries, but I don't think we'd want to do it at least without exploring a little bit more. Absolutely. And there is a contract already in place. Correct. I'm sorry. There's already a contract in place for the purchase of this. Correct. Right away. Okay. And it's now signed by everybody. I understand. Okay. Thank you. All right. Any other questions for Cliff? All right. Anybody from the public wish to speak on this one? Albert McKim 363 Golden Gem Road. This probably isn't going to be as quick as I would like it to be, but my understanding is it doesn't really matter whether it's a pet cemetery or cemetery. If it's registered in the state as a cemetery, it becomes the same thing. An eminent domain may not be applicable. Secondly, even though we have a situation whereby it's not perhaps the area where the pets are buried that was needed to be ticked over taken over for the road. When there's an internment, the people who intern their animals or whether it's people in that they actually take deed to the property. So how many animals are buried there? How many people might be included in the deed of the cemetery? And if there is problems, if you own part of the cemetery, how do you decide how it's divied up to sell it? It's not as straightforward as you think it is. But

2:31:41 – 2:33:41Speaker 1

the other thing is that if you go back to the framework agreement for the uh pioneering agreement which was a couple of years ago uh Mike Galvin came up here and stood exactly here and said that co's certificates of occupancy would not be available until the road was widened and the construction had been developed. I beg to differ, mayor, because I have it in video. What I what I'll tell you is it wasn't written up in the pioneer agreement like that. It was different from the pioneering agreement than what it was. And I downloaded the thing the other day and I took photographs of what it was projected up on that screen. Admittedly, we have problems with the cos, but here's the fact. We have all these properties on Golden Gem Road and now on Kelly Park where people are occupying homes that we don't have the roads and the infrastructure to to deal with. We should have at the time of that pioneering agreement had a much deeper dive. I would hazard a guess that most of you commissioners are sitting on the the there today really don't understand the pioneering agreement. I mean, the engineers department admitted they didn't understand the pioneering agreement, and I suggest that you bring back Jacob Schumer to explain it to you. It's a 60-page thing. And here's the thing, commissioners. When you voted on it, you all had hard copies of it. So, if you don't understand it, go back and read the hard copies. Okay. Any other public comment? All right. If not, we'll close the public hearing for motion. I just have a quick question from staff. And I've asked this before too. The Pioneer Agreement itself when uh it was our former city administrator, Mr. Smith, had said there's a couple different variations of the Pioneer Agreement out there that one developer has one, one developer has another, we have a different one, and he

2:33:40 – 2:35:38Speaker 1

said that at that time he was trying to get his feet under him of what which one was the correct one. Do we have somebody on staff that has that understanding of what the correct one is and the terms that are in place? I cannot speak for what Mr. Smith says, but there's only one agreement there. Now, I will say, and this might have been the reason for his confusion, depending on who you ask, they call it different things. Some call it the pioneering agreement, some call it the roadway something, I'm sorry, roadway funding agreement and so forth. So, it's got it goes by several. It's like 1792 Mills Avenue and Orlando Avenue, but it's the same agreement. Okay. And then do we have anybody on staff that has a a a comfortable understanding of what that agreement where the status of it, where it's going, how it's looking, timelines, provisions. Yeah, Commissioner. Uh not only uh Blanch as far as the funding side of it, but also Vlad as far as the timelines and and working with the pioneers to make sure the roadway is moving. Okay. Thank you. All right. Look for a motion to approve resolution 2025-38. Got a motion by Commissioner Anderson. Second. Second by Commissioner Smith. All those in favor? I oppose. Motion carries. All right. City Council reports. Commissioner Velasquez. Why don't you get us started? Okay. I have a list. All right. First, I want to thank uh both the state representative Bankson and Senator Leavon Gracie Davis for coming in um and giving us an update of what's going on in Tallahassee. Uh second, I want to thank our Papa firefighters who went on their own time and participated at the Tunnel towers uh run over in New York City. my understanding this is our ninth year participating. So it's it's something that's very close

2:35:34 – 2:37:32Speaker 1

to uh my heart uh 911 in New York City. So I want to say thank you uh to our firefighters for participating and really supporting New York City and uh with the 911. Also I want to thank the and I sit on the board uh with the Waka High School culinary team. They did a great job in uh cooking the food for Captain Brick's uh retirement celebration. Everyone really raved about the food and was hoping that for Christmas the mayor picked the same menu. That's that was what I was told. No turkey. They don't want turkey. Um, oh, I also want to congratulate uh our commissioner uh Smith on celebrating two years this past Sunday as the senior pastor uh for his church. I'm sorry I was unable to get I was going to go to the uh uh church service, but I I just couldn't go on Sunday. And uh I just want to kind of follow up with Clear Lake. You know, I've received some emails. I've kind of forwarded them back and forth and I've kind of seen the responses from our staff to the uh residents of Clear Lake. So, um I know that you've had a meeting with the HOA. So, if if we can kind of get a an update on that. Yeah. Um and then, uh of course, Saturday Sounds is starting this Saturday. I'm looking forward to going there. Uh the strategic plan was closed on September 19th. Um, do we have like uh what I'm curious is how many residents responded to that strategic planning. Yeah, let me pull that information up for you and I'll give it to you in the city administrator report. Okay. And then of course both the state representative and the senator

2:37:29 – 2:39:28Speaker 1

referenced the SP 180. Now there is a lawsuit out there where different cities are kind of getting together. or is that something that we would consider joining that lawsuit? Obviously, we we're having issues with SP 180. He there are two different approaches that are happening. The first one is what you mentioned and we do have the opportunity to join it if we choose to. It is relatively speaking to lawsuits a small cost. I want to say it's somewhere between 10 and $20,000 per city to join the lawsuit and that's a flat fee. However, the other approach is uh using our own lobbyist as well as those cities that are engaging this uh effort to get this legislature to change and fix the problem. What is the problem as most cities see it? Well, it's a couple of different things. The first one is this idea that it's supposed to be about storm recovery, yet it applies to development that never was affected at all by a storm. And we've seen that. That's the biggest issue is that if it really was about storm recovery, which is how it's titled, then why is it that we're trying to impact development that had nothing to do with storm, wasn't impacted by storm, didn't was denied a permit based on storm, but now we can't raise impact fees. That's okay. So that's that's number one. The other thing is, as you know, it impacts our ability as it's been reported out multiple times by certain citizens. We can't stop development within a moratorum even now if we followed all the rules that apply to moratoriums because the state says we cannot and we cannot until at least 2027. And so if they would change those things and so that the more touring restriction for example would only apply as against development that was already ungoing. That would not be a problem. then we could go about our planning and do our business the way we want to because again it is not the goal of the cities

2:39:25 – 2:41:24Speaker 1

that are trying this approach to stop people who were affected by storm from being able to recover or continue with their projects. But this legislation, like often legislation does, has significant unintended consequences, depending on your perspective, maybe they were intended. But where it leaves us is that we can't do things that we could have done before. And as was mentioned, it looks back to 2024 when nobody had this on their bingo card. So the so the one approach is join the lawsuit, which you can do. It's being handled by a firm Weissman Roa Hoffman and a fellow named Jamie Cole and they are challenging it for a not number of different reasons. Not the least of which for example I think it was Okcoay I read about that that the challenge came after the comp plan had already been adopted and the time for a challenge had expired and so how is it that you can now come in and look back and say your comp plan was adopted the time expired to challenge it and now you're telling me it's unlawful. So that's the basis of that challenge and and e everybody's different but the biggest thing is what are you doing with home rule here that's the litigation approach the other approach is what I said going to the legislature like we did today with the people looking at us and say hey here's our concern and through your lobbyist or your direct contacts try to make them understand okay yeah only because what I'm reading from all the cities to include ours it's really making us go back to a comp to rewrite our comp plan But we've put so much time into that and money and so now they're saying it's no good and then 2027 is going to show up and then it's going to be gone. So where does that leave at least our city? Yes. Is correct. So if y'all want to have a discussion about which way you want to go right now we're not doing either thing unless we're doing it through lobbyists because I'm not the lobbyist. But if we want to do one way or the other and you want to get together and

2:41:23 – 2:43:21Speaker 1

talk about it or put it on a future agenda to figure it out, then just let me know. Well, that was just something I was approaching. Um I know that you did mention it, right? uh to state rep uh banks and and of course our senator. But I feel like if if if we can join the cities, it becomes a much stronger front for Tallahassee to realize how it negatively is impacting all the local municipalities. But do we have a lobbyist that goes up there for us? Me. Okay. I'm going up on the 14th, so Well, I'll you know you decide. I mean, you're you're the CEO, but when you get up there, but I've been following all the different cities that are joining that lawsuit and then reading and obviously all of them are having the same issues with their comp plan. Correct. Okay. And uh the last thing is that we as the city are celebrating two big milestones. Uh so happy 143 years for the city of Apacha. That's a big deal. and of course 100 years in city hall and um I will compliment that I like the light blue in our chamber here and I know eventually we're going to get new rugs here. Cool. Okay, that's it for me. Thank you, Commissioner Anderson. Yes. So, I uh kind of um remain silent on this issue. Um however, um it's something that has became a safety issue for me and my um family and my daughters. So most recently this year, we saw Minnesota rep. Melissa Hortman and her husband Mark Wman killed. We also saw Senator John Hoffman and wife Vet Hoffman were wounded from politically motivated shootings and also attempting a dollar's life. Um most recently um there has been some social media posts

2:43:19 – 2:45:18Speaker 1

that was sent to my daughter which caused my daughter and I to go into hiding. And I'm going to go ahead and read this on record what was stated on social media as well agree. I'm just going to read how it's written. I as well agree with that. She also claims to have an office on Park AB, but there's never anyone there. Yes, I've seen cars in the parking lot. So, I stopped a couple of times and the doors were locked. So, I knocked and no answer, but I'm an expert. I know what I'm doing. She claims to be there. So with that being said, most recent we also had Charlie Kirk that was also killed by politically motivated hate. Recently this past Christmas, my daughter was outside riding her scooter and she ran inside the house because there was someone sitting outside watching her. Most recently, about a few weeks ago, there's been several cars circulating my residence. I had to relocate and move three times. With that being said, I challenge every commissioner, the mayor that is sitting on this dis to understand this. If any commissioner I feel engages in or condones this hateful stalking behavior is equally responsible and guilty, it is a clear indication that you show support for this type of action. In addition to that, I recently received an email um that was shared with me in regards to a commissioner on this DAS um supporting um c certain behavior and also engaged with certain lawsuits um that was um filed um against me. Let me be very extremely clear at this point and at this time I will be working closely with the Papa Police Department and the Orange County courts to seek any injunction and protection order to

2:45:15 – 2:47:12Speaker 1

ensure the safety of my daughter. Please understand this. I do understand as elected official that there will be some type of um disagreement and some type of some form of hate. But what would not be tolerated is stalking, harassment, threats of my life, threats to drown me, pictures of my daughter circulating. My daughter actually is the one who received that text message and ask that we go stay with my parents. So, I'm asking you all, I understand that you, you know, you have the people that you support and that you don't like me or whatever, but when it comes to the safety of my daughter, understand this. If anyone or if I fear any type of attempt on my daughter's life, I will do whatever is necessary to protect my daughter and myself. I am an elected official. I understand that. But my personal home, my personal uh businesses has absolutely nothing to do with the city. And I'm asking, I'm requesting all the residents at this time to please stop stalking, harassing driving by my residency and my business. Most recently, my assistant is in fear of coming into the office because of residents that are coming by my office to see if I'm actually working at my office. That is not what I was elected for, for you guys to stalk my personal residence and to stock my business and to stock my daughter's school. The kids at her school is coming up to her. So if you have any type of heart for the protection of my daughter mental health, I'm asking you guys to please stop the stalking and the harassment and to my colleagues that sit on the dis with me to please stand with me in the attempt to make sure that nothing like this happened to my family and I because we've seen it happening and it's happened most recently. Thank you. Well, well said, Commissioner

2:47:20 – 2:49:19Speaker 1

I definitely take your daughter's safety serious. So, I'm really sorry to hear that. I would genuinely say that that she should not be experiencing that in any capacity. Um, just a consistent reminder of um my office hours. every Thursday from 11:00 to 1 here at city hall. Um I if you want to do uh 30-minute increments, it's I recommend just kind of reaching out, setting a time to meet with me to pro productive time to be able to just discuss anything that makes the city better that we can uh work together to bring the city forward together. Um, so in any capacity, reach out to me and if you're not comfortable meeting at city hall, I'm happy to meet um anywhere else that you find comfortable or that you deem that you need to um meet at. The other issue here um that I wanted to bring up is that over the last two agenda review meetings on September 16th and then yesterday, September 30th, um no department heads were in my agenda reviews to be able to discuss salient details and questions that were going on that I find critically important. and it's best to ask directly from the professionals that know what they're talking about and have the experience and and um are able to give me direct answers and have some dialogue of what the issues are going on. So, I don't know if it was only my meeting. I don't uh Commissioner Smith, did do you have any department heads in your meetings, the last two meetings? It was the same. Okay. Commissioner Velasquez, did you have any department heads? No. Okay. Just uh our finance director Blanch. Okay. So my direct request and we I did reference this yesterday and I just I don't want it to go overlooked because it's I understand there was a point that was made that we're trying to save time and efficiency but at the same time I have to ask so many more questions while we're at these meetings and don't get enough information upfront and it's just

2:49:17 – 2:51:15Speaker 1

critically important that I get it directly from our hired professionals that know what they're doing, know how they're doing. So I want to make sure that I want to make sure the following people are in each and every one of my meetings that I can ask the questions that need to be asked. So, it's the city administrator's office, Mr. Bradley Williams, you were present, so I appreciate that. Thank you. Uh, finance director, Mr. Blanch Sherman, was present as well. Please continue to be in those meetings. Our community development uh director, uh, Mr. Bobby Howell, please join those meetings. You're always wealth of knowledge as well during those. Um, our economic development director, Mrs. Antonet Forbes, please be in those meetings. Um, again, all of us, all of these department heads, we impact each other. All the decisions are impactful to each other. So although it may not you may not be specifically on the agenda, it still is impactful and what you may have a um expertise that u acknowledge that. So fire chief um Mr. Will Sanchez, please be in those meetings moving forward. Human resources uh director Dr. Joe Patton, please be in those meetings. Um IT director Mr. Rob Hipler, parks and wreck, uh Mr. Cindy Edwards, police chief uh Chief Mike McKinley and public services Mr. Vlad Sonowski. um it's a wealth of knowledge. I need to be able to contact you and be able to um have that direct contact when we're going over such important issues that we're dealing with at the city because it's they're all multiaceted and all connected. So, it's very important that we are meeting together in one concise meeting. My meetings don't last long and I I think every department I can say that mine are very concise uh because I know the questions that I need to ask. I need the answers and we're in and out usually less than an hour. So, I want to make sure that I won't be wasting your time, but please, uh, I ask that my time's not wasted either. Uh, and with that, I'm I'm finished. Thank you, Commissioner Smith. Thank you. Uh, in in reference to the agenda reviews, uh, I I'm perfectly fine because what I do when I receive the agenda on Friday, I go through the agenda. If there's a specific item that I need more information on, I send that to our director and then he in turn will

2:51:13 – 2:53:12Speaker 1

have that particular department head present uh for me. Uh so I I I was fine uh with the manual table conducted. Um I want to say thanks to the u public works and to uh Mr. Bradley Williams for um responding to the uh email that I sent in reference to the erosion at Happy Plants out on Kelly Park Road. So, I want to say thanks for that. Uh the residential facade program is going very well, getting a lot of positive uh responses from our residents and they are very appreciative uh for that program. And so just want to acknowledge that this month uh is breast cancer awareness month. And so we want to uh continue to pray for those individuals that are survivors and then those that are going through as well uh because well a number of us have been affected by either a family member or someone that has gone through breast cancer. And so I want to keep them lifted up in our prayers as well. And that's all I have. Thank you, Commissioner Smith. All right, Bradley. All right. Uh, yeah, thank you, mayor. Um, real quick before we get to the utility meter replacement program update, uh, to answer your question, Commissioner of Alask, uh, we went from 127 responses on August 8th survey responses to a final number of 282 when the survey closed. 282. 282. Um, also, we did uh receive final confirmation from um, Barry Dunn, our consultant. Uh everything looks good for Tuesday, October 21st for that city council strategic planning session from 3:00 to 7 o'clock. We are looking to hold that at the Popka Community Center. Um in case a crowd does decide to come and are we kind of marketing that to kind of encourage res now that we're going ahead and locking this date in, we will be

2:53:09 – 2:55:09Speaker 1

advertising that uh and we will have our IT department set up the facility for that as well. So at the end we only had 282. The final number of surveys was 282. Yes. And are you able to repeat that date and time again, please? Uh, Tuesday, October 21st, 3 PM to 7 pm. Thank you. And I'll send uh I'll be sending calendar invites out to each of you to uh to add that to your calendar as well. And then just uh the update we discussed about utility meter replacement program. Um estimated billings uh we've reduced 31% from o uh from October 2024. We at 31% estimated billings. We've dropped that number to 16% as of the end of September. Our current goal moving forward now is to reduce that number even further to 12% by the end of 2025. That would leave us with the approximately 300 3,400 uh still estimated bills. The goal after that uh would be to reduce down to 8% by March 31, 2026 would put us around 2,300 water meters or water bills still estimated. And again, that kind of national average is between the 5 to 10%. We obviously want to be 5% uh or better because that'll give us the opportunity to make sure the corrections are made within the month before the bill cycle hits. Uh we started another push uh on August 4th of this year. Uh throughout that time period up to se end of September, we've uh reduced the no reads by 1,132 uh um meters. We reviewed 967 accounts and we've processed 4376 work orders. So, the utility operations staff, the utility billing staff, uh they've been putting in uh an extreme focus and

2:55:07 – 2:57:06Speaker 1

extreme work uh product into getting these numbers down. The chart that's up on the uh screen there uh kind of shows our trends. It's uh normal billing verse estimated billing uh for the year from October 2024 to September uh yesterday closing uh and showing that uh that effort that's gone in to drop those numbers. So uh like I said, the next goal for our staff is to uh end 2025 at least at 12%. Uh and continue pushing that. Typically, uh, what we've seen as we've been going through this year, when we look back at the data, we're able to get about 2% reduction month over month, uh, when we really put the focus on it. So, we'll continue to move through that. Um, and, uh, keep you updated on a monthly basis on where these numbers land and, uh, how we're moving forward. Can you send us that chart? Yeah, I can share this slide with you. I was just going to say, absolutely, I'll share this with you. And again, a the only reason we didn't get this to you earlier is because we wanted to get the latest data, which was yesterday. Blanch, I think, was working on it past six. So, wanted to make sure we had the numbers uh as current as possible for you. Thank you. Okay. Thank you, R. I just want to big shout out to Blanch's team and and Vlad and Glenn's team. Um I mean, it's all hands on deck. Um, I mean, Bradley's, you know, kind of leading the charge to make sure that, um, we're really making progress and and I think we're going to see some some major results. And basically, it's water that we're we're we're delivering but not charging for. So, I think we're going to see a real impact on on the amount of water that's that's that's being charged versus water that's that's uh going un unbuild. So, we're we're excited about the the progress. I am for sure excited about the progress that Bradley and Blanch and Vlad and Glenn have made in the last,

2:57:03 – 2:59:03Speaker 1

you know, well, 90 90 120 days. So, thank you. Uh, we continue to work hard, get through the end of the year, and see where we're at. So, thank you for your for your efforts. All right. Uh, Cliff, anything? Yes, sir. Um, I want to give you all an update on 123 East 7th Street. And if you're not familiar with the address, that is one of the properties that we've been looking at to acquire for the purposes of the new public safety facility. And we have been engaged uh more recently. And I what I can carefully characterize as negotiations because as you will know, the last time I reported on this uh we had not gotten anything that would resemble a counter proposal or whatever. And it was pointed out to me by the uh attorney on on the representing the property owner that they don't have to give us a counter. And I guess legally that's correct. I had made the assumption that they had wanted to sell the property or willing to sell the property. And I think it's fair to say they are willing but they don't want to. So I'm going to go through where we are and catch you up to to where we are now and make a suggestion and then I'll be quiet. So we had an appraisal done. Uh this is before I was the city attorney uh back in 23 and an offer was made for $280,000 for that property. Um we never got a response. I reported that here that we gotten a response. It made the news and then all of a sudden we reissue issu we got regained contact with an attorney representing the property owner. Subsequently we are now on attorney number three. I don't know the reasons. Don't care. Uh but but this one has responded and been responsive and finally gave us a proposal. Uh in the interim, we had the appraisal updated in March of this year. And I was surprised because I'm the one who ordered the update, but it was the same number, $280,000. So that appears to be a solid

2:59:01 – 3:01:00Speaker 1

number based on at least the appraisal appraiser that we are using, a fellow named Danny Dolgart. I I don't know how is he affiliated with the city, but that's the guy I was told to use. So, that's who we used, but he's been been fine. He's been very responsive and all that. Um, the counter proposal to cut to the chase for the property alone is $669,000 and 600 $669,600 with attorney's fees and costs based on today's numbers, that would be a total offer of $82,000. Um and so obviously the question should be well how is it they have this big number? You expect in condemnation or potential imminent domain cases to pay more than the appraisal but this number is substantially more. What is it based on? uh we we acquired a different parcel 63 633 South Park Avenue as a part of the same project and in so doing we got an appraisal for that parcel which is was on Park Avenue on a corner but substantially smaller and the value for that property was $230,000. I think we ended up paying 220 230,000 for that property. So what the property owner in this case is doing is saying, "Hey, your per square foot number for that property is a lot more than the per square foot number for our property, which is bigger. And if you even them out for a per square foot number, uh it should be this $669,000 number." And then the fees and costs on top of that are statutory. The I went back to Mr. Dulgar to ask him what his uh understanding was and why there was this discrepancy. And and I'm going to rather than try to paraphrase it, I'm going to read to you from the email. Uh the property one at 66 633 South Park was rented for$,950 a month which is

3:00:56 – 3:02:55Speaker 1

23,400 a year and with we estimated expenses but an investment property typically cost between 20 and 30% per year using the low end of 20% which is 5,000 plus or minus indicates a net operating income or NOI of $18,400. Divide that by the cap rate of 8% plus or minus and you come up with a number of 230,000. And this is the primary way to value investment property. To our knowledge, the property we're trying to acquire is not an investment property. But one of the things he asks is, can you find out if they are renting it? And if so, what is the rate they're renting it for? And he will then re-evaluate or look at the numbers if they need to be evaluated. But I want to continue because here's what he says. Typically, the sales comparison approach is pretty close, which we use to justify the estimated value of $220,000 before they did that took into account the fact it was an investment property. Neither property, meaning the one that we already acquired or the one we're trying to acquire, was valued based on the dollar per square foot of land sales uh in the area. There aren't any sales to justify 38.82 82 per square foot as they suggested. That's more like downtown Orlando or Winter Park prices. Nothing in the last five years in Apopka has sold for that kind of dollar per square foot. Even on the high high end of 10 to 15,000 10 to $15 per square foot, it's yield a $250,000 plus or minus for the McGee property, which is the 123 East 7th Street. So, uh, he he then goes on to say that at 15 per square foot equals which is the high end of what he thinks is the going rate would be 258,750.

3:02:53 – 3:04:51Speaker 1

But, uh, again, nothing vacant has sold for that based on dollar per square foot of land. So, he and and I guess I should throw this in. Another rule of thumb, developers typically don't pay more than 30% on the land. So, someone would have to build a $2 million property in order to justify a $669,800 purchase price. Putting all of that aside, I told in an email to the lawyer yesterday that I was going to be presenting this information. I asked if there was any additional information that he wanted to provide so you would get the full picture. And it I did send an email last night and he probably didn't have a full chance to respond, but he did tell me that he was going to try to get us the rental rate if there was one that applicable to to this property. So my recommendation based on all of that is first I think I should sit down with your city administrator and with the police chief and with whoever is planning this building to see if there is a an opportunity to do what is needed without acquiring this parcel. I say this not because I think it's a bad idea to acquire it or that the price is a is a bad price. I'm not in the price business. I'm in the law business. I say it because the primary thing that he said which is of interest to me and that I wanted to convey to you is his clients don't want to sell and so we can take it and they know that. But they're saying essentially if you take it this is the number we want. Can I negotiate down from there? I can try and and we'll see. But if not then we're going to go and this is how the process works. I want to make sure everybody understands there's two ways. One is traditional take and one is quick take. In this case, the only viable one for time concerns is a quick take. So, after having made a valid offer and them refusing it, we file the uh appraisal along with our uh petition for taking the property in court. We post the

3:04:50 – 3:06:49Speaker 1

money. In this case, it would be the $280,000 plus fees and cost, whatever else is statutoally required. And within roughly 30 to 45 days, we can get an order of taking. At that point, we own the property. But what we do not know is how much we will pay for it. Then based on state law, you actually go through a trial. You have 12 jurors. It's like a capital case that decide whether or not the value that you've paid is sufficient or whether it should be more. You can bet they will have engineer, appraiser, surveyor, perhaps land planner, uh, and they will say, "Oh, it's worth more." That's kind of the way the game is played. they will say it's worth more. We will use Mr. Dulgar and whoever else to say no, our number was solid. And then a jury of 12 citizens will determine who's right, who's wrong, and if if they get more than what has been proposed, they get their fees, all the expert costs, and so forth. So, could you get up to the 800,000? You might. I I don't know. If you go to trial, but the key is you're going to buy that property on a quick take because you already own it. You just haven't paid for it yet fully. The money's in escrow and that money will go out to them. based on what a jury determines plus any extra that determines and it could be year two years before you know the final cost of that property. But it's the only way you can get the property right away and start your project. So that's kind of the overview of the system. I have a lot of questions. Okay. No, but not not these should be pretty concise. The I'm gonna work my way backwards. So, what if they're living there as their homestead or if there's anybody living there, the quick take, we can't start the process. We would still have to wait for them to move, things of that nature. Correct. Well, we would do that because as a matter of basically courtesy, professionalism, blah, blah, blah. We're not ready to tear anything down anyway. We still have to complete our design. We

3:06:48 – 3:08:48Speaker 1

have to get to I don't know where we are in plans 100. I don't even know where we are in plans because again, if there's still an opportunity to do the building without the property, that tells me we're not as far along in the plans as we might otherwise have been. So, I don't know. That's kind why I'm suggesting I need to get with with Bradley. I need to get with the police chief, incoming, outgoing, whoever's designing the building, and see what is possible and see if this can be done without their property. Um, and if it can't be done without their property, then we need to consider a counter proposal or accepting the proposal that's on the table or whatever the case may be. And and even in that situation, if we say, yeah, we're going to pay the money. We can still negotiate with them over, okay, we will let you stay in the property for another six months because we won't need it, you know, while while we're sitting here doing what we're doing. We're not going to need it for however long until we're ready to tear it down and start building. Um, so that's kind of the way that would work. Hang on just one second, Cliff. Bobby, can you pull that that address up? I'm sure that's not Homestead. I don't They don't They don't live there, but can you pull up that address just while while Cliff's 123 East 7th Street? Yeah. Yeah. I'm almost sure that it's not homesteaded. Okay. I'm I'm sorry. I just want if if it's a house, it may be rented, which is one of the reasons why Dulgar is asking, well, is there a rental rate on it that then could be taken into consideration to up the number based on it being a rental property? I don't think it'll come anywhere close to the $800,000 number all in, but it might. Again, I'm not the appraiser. I just report the information. It's not homestead. It's not home. Okay. All right. So, All right. So, you're just going back to them now or you're I guess because uh Mr. Duler the original appraisal as well, correct? He did both appraisals both for this one and the one we already bought. And so, I'm just surprised that that didn't adjust at all that the price. But either way, he's the the certified

3:08:45 – 3:10:44Speaker 1

appraiser there. So, so from there, well, I'll just say I I don't think this is the right site in general for this. I think as time in our city continues to grow, this site gets smaller and smaller and smaller and it becomes functionally obsolete day one once we build it. So I think we need to kind of revamp where we're going to build this and how we're going to build it. Um because I think we're going to need a lot more space than what is being proposed there. So I think we need to be delicate as we move forward on this because it's I think again we're going to have a lot more police, a lot more fire as our city grows and and this I don't think is the right site. But um but thank you for that update there. Any other questions for Cliff on that? Okay. All right. Okay. Uh, under the mayor's report, this I know Commissioner Velasquez has brought them up. We've got uh so Friday uh here at city hall on the steps of city hall. Come out. We'll be unveiling a plaque uh unveiling the hundred years this building has been it stood. Um we'll read a proclamation and then we'll head over to the Fifth Street Market. What's going to really be nice, we're working with the historical society, with the with the Orange Lodge 36 and the city. We've got a lot of interesting uh photographs that I think you'll be uh interested in seeing. Um we've got one uh the first light pole that was put up in the city of Apkco. We've got the first um lodge um grandm worshipful master, I think. And we've got uh the first mayor of Apakka pictures. We got a lot of really interesting um Stacy Vancamp, my assistant, really worked hard to get some some interesting pictures you you sure want to see. So that'll be six o'clock here. Uh then we'll walk over to Fifth Street. We'll have we got a cake over there and all the pictures. Uh the lodge will be there with their team, some of their artifacts. We've got the historical society be there and and the city. So it'll be a really good evening.

3:10:42 – 3:12:42Speaker 1

following uh Saturday. So the fourth, we've got Saturday sounds as Commissioner Velasquez said, 5 to 7 Dave Cap band. Uh then you got a rush from there. Come over here to Fifth Street again. We've got the um the band showcase as we as they they stated about road closure. Uh trying to raise money for both Popkin Week before their their big trips at Christmas. Um you know, the more money they can raise, the more kids that can go to either New Orleans or to to London. So, we're we're excited. It's going to be a great weekend. So, uh hang around with Popka. And um and the last thing I just I didn't know that um Commissioner Anderson was going to and and and I I feel not not to your your level of pain, but understand your that this isn't what we signed up for. And it it was just interesting today this morning I was reading the paper and it um it's well I don't know who the reporter is from the Orlando Sentinel but the headline is ugly American fans make Ryder Cup embarrassing. I'm a big golf fan. And if there's one sport that's about being uh collegial, being um uh it's not about screaming, yelling. It's about, you know, you know, if your opponent makes a great putt, then you you high five him. That's the way we should be here. whether we we agree or disagree as Commissioner Anderson said, but this this article it it and it it talks about I mean one of my favorites of all time, Tom Watson, probably one of the most um iconic golfers ever lived. And for him to come out and say that we as Americans were were he was horrified by the the actions that we as Americans shown showed our our European allies. I mean it it's just it's it's disgusting that that's that's what you know we we're we're we are Americans. We don't do this kind of stuff. And so so to to Commissioner Anderson's you know um

3:12:39 – 3:13:34Speaker 1

her heartfelt you know uh dilemma here and and and and trials and tribulations he's faced. I just think you know it's time we need to reset the way we we um we operate. And so I just I I've got an art a the article for each one of you. I just we need to we need to tone it down. It's it's you know, as you said, there's plenty of bad things going on. We can we can all agree to disagree and we're here, as my decorum states says, we can agree to disagree and constructive criticism is is is welcomed here, but we've got to tone this down. We've got to get this we got to get civility back in the public process. We've got staff members that are that are um they're they're upset. They're they're petrified about way things are going as well as as folks here at the at the D. So with that,

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.