City Council - Regular Meeting

Okay. Call the October 15th city council meeting order. Commissioner Smith, would you give us the prayer pledge and fact of the day, please sir? Our fathers, once again we come before your presence, grateful for this opportunity to ser service of this city. We ask father you continue to lead us, guide us and direct us in the way you have us to go. Bless all those in attendance tonight. This we pray thus in Jesus name. Amen. Amen. Amen. To the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible with liberty and justice for all. Fact of the day. On October 13th, 1792, the cornerstone is laid for presidential residence in the newly designated capital city of Washington DC. In 1800, President John Adams became the first president to reside in the executive mansion, which soon became known as the White House because his white gray Virginia free stone contrasted strikingly with the red brick of near of nearby buildings. Fact of the day. All right. Welcome to the public meeting of the city council of the city of Apakka. Please turn off all cell phones or set them to silent. The city council permits and encourages inputs 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 evening, please make sure you have 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, personal attacks are prohibited. Please observe general rules of decorum and civility. Speakers and members of the audience shall refrain from rude or derogatory remarks, shouting, disruptions, reflections as to integrity, slander, abuse of comments, profanity, vulgarities, and statements as to personalities. Any violations of these provisions may result in the issuance of verbal warning, including warning for trespass. If violations persist after such warnings, violators may be removed from the council chambers. And with that, Sus. Okay. Um, Orange Soil and Water Conservation District 3. Oops. First thing I'd like to do is tell you about a seminar that's coming up. It's going to be about selling, buying, and building on contaminated land. Um, like laundromats, um, nurseries, garages, gas stations, and other things that normally get listed and don't sell. And it's going to be October 29th. is going to be at uh 601 South Highland Avenue. Up to about 150 people can fit in and it's going to be exciting to get to get rid of some of these properties that are sitting here unoccupied because they can't be sold. And the deal is they can because you can get a federal or a state grant to clean up that dirt and replace the dirt and then you can build and then you get tax credits so that you don't it off of your property taxes. Now

um the other thing is I have a proclamation here and it reads whereas AOPKA residents APKA public works department streets drainage division utilities department storm water management division department of environmental protection division the Florida Department of Environmental Protection and the Orange Soil and Water Conservation District work together to educate the citizenry and to protect and keep the storm water system functioning. and safe. Whereas storm water drains are a critical part of our community's infrastructure designed to prevent flooding by quickly carrying water, rainwater, and runoff from streets and neighborhoods to local streams, rivers, lakes, springs, and aquifers. And whereas unlike water that enters sanitary sewers, water entering storm water drains is typically not treated before it flows to our natural waterways. And whereas pollutants such as motor oil, fertilizers, pesticides, pest pest waste, litter and debris can be washed into storm water drains significantly harming aquatic ecosystems and impacting water quality, wildlife, and public health. Whereas public awareness and community participation are essential to preventing pollution and ensuring that only rain goes down the storm water drain. The city of Apakka supports sustainable environmental practices and is committed to preserving clean water and healthy ecosystems for current and future generations. The storm water division relies on the citizenry to report clogged drains and standing water debris blocking s drainage structures and streets. Um Mr. Vlad, can you come up here please there now? Therefore, I, Mayor Brian Nelson, do hereby proclaim the month of October as storm water drain awareness

month and by allowing only rain down the drain. There it is. Can you let her finish? I had asked uh I had asked to have her present her proclamation on October 9th. I sent an email to uh our CEO Radley and I never did get a response. Okay. All right. Thank you. All proclamations and for you to sign it. Thank you. Thank you, Dr. Appreciate it. Why don't you come on out here commissioner? Yeah. I'll tell you what. Um, it would have to include the mayor and I don't want to disrespect the chair at this moment and he's disrespecting what but I did ask um our CE uh our chief administrative this proclamation can be read and I did not respond. And I did send it. Next up, Ace Woodm of Pop, Florida. To start off with, I want to first read something that Thomas Jefferson and John Adams backed what character means in a public office.

It is the core of character refers to the moral and ethical qualities that define the individual's actions and decisions. In context of public office character and comprises qualities such as honesty, integrity and selflessness and a committee of the the public good. The founding fathers believe that public officials must pro must possess these traits to lead effectively and maintain the trust of the people. Just want to get that out something to give you something to think about because you probably don't listen to me the rest of me. I got a couple of questions. Holly Estates is almost that's on the border of Lake County line up near Mount Dor on 441. I had to go through there for an inspection the other day and I seen a list station owned by the city of Apopka way up there. But our city at the decision of the past engineer that we had that resigned and went to some other better place. Y'all took wava um week Glenn and put private septic systems in there. That's going to cost the citizens of Popka out the back end when they start failing. Most of the people living there I've had the opportunity to speak with are very dissatisfied with the systems. But our mayor as a public representative, he went there on behalf of this company and represented the city of Apopka and

soldund I think it's 161 or 162 of these units as a private person but also at the same time representing city popka. That's dishonesty. very dishonest when the man owns a house is sitting on the one of the most pristine waterways we've got in central Florida and he speaks of and his sewer that that cabin on which I on the Rock Springs run is exposed to fresh drinking water and everything else but he'll be there and sit there and be a hypocrite about other people's that is so that's so wrong. I've asked about the the um my three minutes up already. Yep. Wow. Thank you. Thank God for you. Right, Brian? County Vice Mayor Scott, County Commissioner Moore, Apopka, Mayor Nelson, Commissioners. My name is Dr. Jim Moyer. I'm the elected Ari and Water Conservation District Tube Supervisor. Just to give you a little background more than I have in the past, uh the Florida legislature established the soil and water enabled the soil and water conservation districts to be chartered in 1937. In 1945, the orange soil and water conservation districts were created and chartered.

A few years ago, the Florida legislature, I think it was 2022, uh decided that they instead of being elected to countywide that the soil and water conservation districts would be divided into what they call subdists. So I'm here representing the subd district and subd district 2 the largest entirely contained municipality in my district is Apakka largest land mass al also the largest population also is the city of Akoi and the historic town of Eatenville a small portion of Orlando, uh, Rosemont and the unincorporated areas of Lockart, Tangerine, and Zelwood. uh be because the public deserves to know these subd districts. I asked uh the Orange County uh supervisor election to consider when she redid the maps to put the soil and water conservation district maps there because the Florida legislature created our districts. It does not match any federal, state, or local or county district. We have our own districts. It's close to some of them, but it doesn't match any of them. So, I just wanted to share that with you. I want to thank you for your time and all all that you do for the citizens of Apakka and God bless you.

Albert McKimmy 3603 Golden Gem Road. As I look at the das tonight, it reminds me of a date and a report. And tonight I want to discuss dates and reports. Let's travel back in time to January the 20th of 19 of 2023 when the initial copy of the draft Ganon report came out. There was quite a lot of controversy about that report because it didn't it conflicted with the narrative that the city wanted to put out. And allegedly Chris Ganon was told at the time unless he changed his report, he would never work in Florida again. So reports are important. This next date I want you to pay particular attention to. March the 4th of 2024. On that date, DVO Saran supplied the city administration with a report on the cause and the consequences of the so-called sinkhole at Golden Gem Road. The date is important because on that date, the city was already made aware that there was a spill of almost 300 million gallons. That's 27 ft of water was in that pond. Next date that's important is April the 21st. On April the 21st, our mayor, Brian Nelson, was on television. That's 6 weeks after that date. 6 weeks later, Brian Nelson happily told us there was only 5 ft of water in the pond and there was only 100 million gallons of water spilled and it was nothing to worry about because it wasn't contaminated. Okay. So, the problem is under our mayor's leadership, the mayor, who is a censored liar now runs an office. And if that office doesn't behave in a manner he's happy, they lose their jobs. No job in this administration is safe. The problem is

under our mayor's administration, this city has been self-certifying to St. John's River Water Management District and the FD. Not once in the time that Golden Gem Road was being repaired was there an FTE inspection done or anyone from St. John's came. Now there's conflict between St. John's now and FD. And the conflict is that they're both saying the other should have been responsible for what's happening. No, they weren't responsible. You guys were responsible. You knew what was happening. You knew because I told you. And you have the audacity to ask tonight for an increase in wages. Do you really think you deserve it now that you're costing the city millions and tens of millions of dollars? I don't. It's time you lived up to what you're supposed to do here. Provide accountability. Good evening, Francina Bouran, 1484 Elderton Drive of Pap, Florida. I came thinking uh to mayor and commissioners. Uh thank you for this opportunity. Um I came with the thought that the proposal for annexation of Safka was on the agenda but I am going to speak uh my opinion uh as I had planned as a citizen of unincorporated southern Apakka. I don't support the annexation proposal of my community into the city of Apac city limits of Apakka. In 1984, citizens in unincorporated Apakka said no to

annexation referendum on the voting ballot. City of Apakka and a very few residents who don't live in unincorporated southern Apakka has been advocating for years to annex a section of town defined by the US Census Bureau and South Aka as an economically distressed community of majority of poor black citizens annexing poor black citizen into the city limits of Apakka. This community was created and settled by blacks by the city of Ap by when the city of Apakka passed an ordinance in 1937 prohibiting black citizens to live north of the Tavaris Atlantic railroad tracks. Proposed targeted annexation of unincorporated southern Apakka comes with a cost of possibilities of massive gentrification and remaining black property owners whose properties will be targeted for demolition, imminent domain, will no longer have a voice in the matter. Black citizens in in incorporated Apakka filed a federal class action lawsuit against the city of Apakka in the 1980s and won because of blatant discrimination in providing public services such as water paved street, no water, no water pressure, no drainage systems, no recreation facilities or sewer. City of Apakka has historically proven not to be good stewards when it comes to the disenfranchised citizens of Apakka. I will be voting no to annexing South Aka which is not the formal name. Postmaster

does not acknowledge it as a town or city. Thank you. Anybody else? Is that it? Okay. All right. Uh we've got a couple of sets of minutes. Look for a motion to approve. Some got a motion by Commissioner Anderson. Second. Second by Commissioner Smith. All those in favor? I. All oppose. Motion carries unanimously. Next up, Bradley. Anything on the agenda need to be moved? No changes, Mayor. Good. Okay. All right. Cyber security awareness month. We've got a proclamation. Come on down, Rob. We'll, as you're coming down, just want to let you know that our team really does a a wonderful job on making sure that we are we're in compliance. Uh we we get how often now are we doing the Arctic Wolf? About once every couple of weeks. Yep. So, we get we get quizzed every couple of weeks every employee that has an email account to make sure that we're we're um doing what we're supposed to do as far as not clicking on bad emails or opening up bad attachments. And so, um it's it's critically important. I can't tell you we there was what, uh several last year we had a couple couple of cities, Rob, that that Yeah. It's it's a it's a continuous threat to everybody. It's not just a state, local, tribal, territory. It's truly it's every entity, even individuals in this room. But it's it's a constant threat out for especially government because easy target to hit. Um you know, looking for the big big users in there, the mayors, the commissioners, uh they're going to be the ones that have power. And so if they're sending emails internally, the uh user is going to see it coming in saying, "Oh, look, the mayor, you know, commissioner sending me an email. I should act on this email because it's

coming from your account." So, a compromised account is usually the quickest way for anybody to get into a network. So, anyway, it they've done they've done a wonderful job and and and you know, there's a couple times that I have I've clicked on the wrong email and I've been um reprimanded by Rob and his team, rightfully so. And but, you know, it's but it's good. we, you know, it's rather be caught uh with with something that's internally that we're we're out, you know, actively making sure that all of our employees are are living up to the standards because just takes one really wicked, you know, cyber attack and uh they could shut the whole city down. So, we we appreciate uh Rob and his whole team for for what they do to keep us safe as far as from a cyber security point of view. And uh so anyway, we want to read this proclamation for for Rob and the team. It's it and it reads, "Whereas the city of Apopka recognizes the vital role of identifying, protecting against, and responding to cyber security threats that significantly affect the safety, privacy, and well-being of its residents. And whereas cyber security education and awareness are essential for everyone, including large corporations, small businesses, financial institutions, schools, government agencies, tribal organizations, nonprofit entities, and home users who rely on internet connected devices such as computers, mobile phones, and smart technology. And whereas individuals and organizations can reduce their risk of cyber threats such as fishing, ransomware, malware, financial loss, and data breaches by monitoring accounts, being mindful of online activity, keeping software up to date, using strong passwords and password managers, and enabling multiffactor authentic authentication on online accounts. and where cyber security awareness month presents an opportunity to engage, educate, and inspire the public about

the increased demand for cyber security professionals, the wide range of career pathways available, and the importance of building a strong cyber security workforce to strengthen the security and economic prosperity of both the nation and Orange counties. And whereas I, Brian Nelson, I'm dedicated to providing every individual in public and private organization in the city of Apakka with the resources necessary to ensure the success of cyber security awareness month through helping the residents and businesses of Apaka take action every day to stay safe online and connect with confidence. And whereas maintaining a secure and resilient digital environment is a shared responsibility and practicing good cyber hygiene contributes to the overall protection of city of Apopka's information infrastructure and economy. Whereas the federal government of the United States of America, the US Department of Homeland Security, the multi-state informationational sharing and analysis center, the National Association of State Chief Information Officers, and the National Cyber Security Alliance all recognize October as National Cyber Security Awareness Month. And whereas the city desires to bring greater awareness around these issues to both city staff and the citizens of Apakka. Now therefore, I Brian Nelson, mayor of Capka, do hereby proclaim October 2025 as cyber security awareness month. Thank you, Mayor. I do appreciate you bringing this to the forefront for us. Again, this it doesn't just affect cities and county municipal governments. It affects everybody in here equally. Um, you know, you think you're immune to something because you've got the latest tech on your phones or your smart devices. As quick as you're getting that on, it's becoming obsolete as the threat actors are using AI at advancing rate. So, always, as the mayor's mentioned quite a few things, strong passwords, using any type of multifactor authentication on any of your devices that you can um you know, don't you know, putting stuff out on social media about yourself is

another way to get information about you to impersonate you if I'm trying to uh you know, gather further into you to your friends or whatever I'm going to do. Even city government is a subject for that. So, uh we've got an amazing team as you mentioned in there. Um we just got some new software. I guess it was this past year as you mentioned in here. It's been well received by the users. Uh the fishing comes out. We don't know when it's coming out because it's a set service we have. So there's been times when I've looked at email going, why are we sending this out? And I, oh yeah, this is us. So uh not clicking on it, of course. But um unfortunately, we do have a few individuals that may fall for it. Um also this past year, we got some additional cyber security tools that give us visibility the east west traffic within our networks. So we're able to see what's going on as opposed to just coming in and going out of our firewall. So, we've got a uh and we actually committed our penetration test. We got the results this morning from our uh company that we partnered with. We had an internal penetration external as well as our wireless network and we actually did really well on that and that'll be something I give you offline. I just haven't had a chance to get with you yet. Yeah. So, we did really well on that. Um not as not 100% perfect, but um we look pretty good. So, again, I do appreciate it and I appreciate our entire IT team as well as the media team getting our news out for us. Thank you. Thank you. Grab grab a picture.

All right. Next up, we got a presentation. I guess we you're going to tag team you and Okay. We got Commissioner Moore and Commissioner Smith going to come up and take or I say Smith. Scott, I'm sorry. Commissioner Scott, Michael Scott, Christine Moore, come up and talk to us about redistricting as far as the new county uh district map. So take it away. Thank you, mayor, and uh I'm Michael Scott from the office, but not the office on TV. Yeah. Um so how I want to do this is uh we're we're going to attack. So I'm going to talk a little bit about redistricting and kind of my path to this uh dis and anything that I forget or say wrong, Commissioner Moore is going to help with that. She looks way better than me anyway. So I think you know we both usually wear pink and Yeah, we wore pink yesterday. Um but uh before I do that um Commissioner Neesa, Commissioner Smith, Mayor Nelson, Commissioner Vasquez, and Commissioner Anderson, thank you. You know, whether you serve in elected roles or you serve in appointed or hired roles, Miss Boon, um we work in government and we don't get rich doing that. And especially now when someone may read or see something on TV and think that you are the reason that their challenges they're facing. and may say something to you or may even try to hurt you. And so to the extent that you have chosen to be public servants, um, thank you because I am now three years in, so I'm a baby in in terms of political years. Uh, I like the work. I despise the politics. I despise the politics. But so let's talk about redistricting. In 2024, uh, the Orange County Charter Review Commission members that were appointed, two by each commissioner and, uh, three by the mayor, um, convened for several

months. And out of that came a number of amendments and, uh, one of the most significant ones that they wanted to add two county commissioners. And so we went from six to eight with the effective date of 2026 elections. And so, uh, by August or November, if there's a runoff, we'll have eight county commissioners. We'll also have a new mayor because we all serve, uh, we have two four-year term limits. So, in that conversation, um, they went through almost 20 or so maps and hours of discussion, uh, hours of debate, and they settled on two, the maps you see here, 1 A and 7B. Uh the city of Warner Park uh advocated very strongly for 1A. Um members of the Pine Hills community and other organizations advocated pretty strongly for 7B. 7B was the map that we adopted. Uh as I shared with you, uh this is my first time in elected office and I thought it important that I reach out to each one of the mayors in Orange County. And so I met with every single mayor of every city in Orange County with the exception of Windmare. I met with their town manager because their mayor was out of town. I met with him on Monday and I learned so much about our county, how cool it is. Um, and how much we're all alike regardless of whether we live in this city or that city or unincorporated Orange County. I went to West Orange High School. I came out of there 2001. And the most consistent thing that happened with me in the city of Apakka is they used to kick our butt in football like every game. like we just could not win. Um but I also go to Nutty Lobster and get uh you know food there quite often. But so in the process I I learned that we have to have more dialogue as a community regardless of what roles we face. And so I asked the mayor I was like hey I would love to come and just say hello to you all and

say thank you. And so that's why I'm here today. I'll be having these conversations with the other cities as they meet over time. And so we voted for map 7B and map 7B uh creates a new district 7. It creates a new district 8. I lose the Pine Hills community so I will not be representing the area as does Commissioner Moore. She loses the Pine Hills community. There was a lot of advocate advocacy on both sides and um Commissioner Moore won 1A. our one at 7V. And um that goes to the other point that I want to make about redistricting in in in this board. Some folks who may not have met me before, why is he speaking? He's not our commissioner. But I am. Cuz see, while you may vote for a district commissioner that will stand in line for you and advocate for you, one of the core strengths of a commissioner is their ability to get three other commissioners to support what it is that you're trying to do. I'm use an example how you lost yesterday. First time Commissioner Moore wanted to advocate for a particular uh project in her district. Uh she moved forward of action and did not get any traction and so she lost but also I lost a bit because I wanted to change my map around. But even in in differences of opinion, we understand that we work together in a purpose to better our community. And while we may disagree at times on purpose, one thing that we can continually agree on is respect because ultimately we are neighbors. Um what you will see uh probably in the next 3 months is the supervisor of election starts to redraw numbers and lines as you'll begin to receive notices that tells you kind of what precincts you are in corresponding to the changes. They start to renumber the precincts to make way for the new districts. And like I said, in the yeah, in August uh 2026, we'll have a slew of candidates running for uh public office, and we will have

potentially five new members in a county mayor. But I think the the biggest thing I would like to underscore um in this conversation is that we're not always going to agree. Hell, sometimes we might not even like each other, but that's what happens with family. That's what happens with neighbors. But we should we what we should agree on is that we will continue to have a conversation even if it's multiple conversations to get to a point where we can work together. Um so I just wanted to again say hello to y'all, say thank you, tell you about the maps. Um tell you kind of what's coming. Um there are some other conversations we're going to have in the next year or so that may impact you indirectly or directly as as a board, as a city, and also as individuals. And so I look forward to continuing to work with you all, talk with you all. And uh one additional item that just occurred to me, there's so many different programs that we have, people uh having challenges, whether it's a car repair or a job loss or just a income reduction. Um we've enacted a number of programs that help people who are having challenges. Specifically, one that I am happy about that I pushed for for a long time is that if you are a single mother having uh challenges paying your bills, we will help you. Um, and so for those of you that may have challenges or you know someone that is having a challenge, know that there is help. Your tax dollars pay for it. Um, and thank you for allowing me to come and say hello. So, I'm going to pass it on to Commissioner Moore and then if you have questions, we can go from there. Commissioner Moore. Okay. a little later. I'm going to tell on him too because he got me. So, but I won't I won't start there. So, um so if you go back to the charter amendments that there were quite a few uh in 2024 and it it passed this issue of how many seats that there would be in the county and it passed just barely by 50%. So that set this whole process up again

where they had to redist there's many guidelines. You cannot use race anymore. it was all uh more geographic and there were um limitations to that and those rules changed by the state. So anyway, we all had to lose from about 237,000 people to get down to about 170. It was a very painful process because we didn't want to lose our people. And so for me us in district 2, we're very diverse. We go from Tangerine, Zelwood, we have rural settlements to uh four cities really. We have Apakka, uh all of Okoi. That happened two years ago. You see that little notch in the yellow. If you're all wondering about that notch down to the red, that's the Okoi line. And uh two years ago when we went through redistricting, Okoi wanted to be together. and uh Koe uh when Mayor Nelson when we were there was probably all in district one, but as Horizon West and that that southwest side grew, we ended up with more people and uh so it was obvious that the southern section was going to go uh the meeting that was held, we had one in each of the districts. It was covered on Orange TV and the group that probably started off advocating for themselves the strongest from district 2 was Lockhart and they said we want to stay in district two was at uh the the down um here at uh the Bridges Center 200 people there and they kept saying we want to stay in district 2. So pretty much all the maps that were drawn kept locker in. So then it really came to what what are you going to do with Eatenville had been in district 2? What are you going to do with Rosemont, the north end of Pine Hills? So ultimately that was the piece that went and um the the difference probably uh for me he and I voted against each

other and you could see we're still friends today and when it started off at 34 and uh Urebe Demis and myself we were on the three they were on the four it was obvious we lost so when it came to the implementing language we we voted unanimously because we don't win them all and that's okay but I I hung in there for 1A because my people in the north part of of Pine Hills and Rosemont really wanted the opportunity to be with Maitland, Eatonville and Winter Park. So, at this point, they're not um they're more with College Park and then they'll have Orla Vista. And now, here's the part where I'm going to tell anyone because you got me. Okay. So, we got into You guys aren't laughing. We're We're trying to have a little fun here. So when we got into the discussion, he he tried to be fancy and he tried to take which probably would have been good to take uh Orla Vista out of seven and put it back into six because he's done a tremendous amount of work with the flooding. It was $20 million to fix that Oral Vista flooding problem. remember if you remember they flooded twice after the hurricanes and and if we had to have any more people coming down telling us we had to fix it even though it was $20 million big ponds and a lot of work and he took great care of them. So he tried he tried to get them back in but you have to keep all these districts exactly in line. You have a deviation and when the deviation came in it was over and and Mayor Demings got after you a little bit. Yeah. Yeah, he did. He got after him a little bit, but you know what? It's all we don't win everything. So, in the end, this is what it's going to be. And there'll be lots and lots of of candidates. There'll be all over the spectrum. And, you know, it's going to be the public's job to evaluate them. But the county commission has the potential to really swing. I mean, you could have six out of nine new

people. And I will tell you, you know, from being doing this for a lot of years, your best chance to influence your elected officials is when they're running for office. So take that opportunity to invite them in here and talk to them and see what their issues are. And but it will definitely change. It has the potential to have big changes to Orange County government. And I'm glad Commissioner Scott asked to come in and talk to you and explain to you the ramifications for Apopka. And thank you for your time today. So any questions for either Commissioner Moore or Commissioner Scott? So I I was following the committees during because they were b I was following them basically on Zoom. Were these maps submitted by the advisory group that each of you had or was it uh or were the maps um kind of presented by the residents? So it was a it was a mix. Uh so map 1A is Jimmy Alfant's map. He who appointed him who appointed Jimmy um Gomez Cordero. So Commissioner Gomez Cordero, District 4 appointed him. And so that's his map. 7B was the map presented by uh the young people of Pine Hills. They call themselves uh Lasamas, Seeds of Pine Hills. And so it was a map that was advocated for by a lot of uh young individuals. Pine Hills, if you group it, you have the Pine Hills seniors, the Pine Hills Community Council, which is the more larger, more formalized organization, and then Lasas is is a lot of the young people. Okay. So then actually the winning map was submitted by Pine Hills, the young people, but the committee as a whole voted to advance these maps forward. We didn't we've seen them, but we didn't consider uh all of the maps. They considered voted maps. They had was it 24 or 26? So it was about 24 maps that were presented through different people. They had one young man from Apakka about 14 years old actually came and presented a map. May former mayor

Kilshimer had him there. He did a nice presentation. I'm like 15 years old. I'm not presenting no maps to no commission but I was just really impressed that you know we had a wide range of individuals that came and put a lot of maps forward. All right. Well, thank you both. I have a thank you that I want to add if you don't if you indulge me just a moment. Sure. So, I I'll be back here for the OLA office for your new chief of police, Letta Henry. And I just have to say, uh, there is no person greater for that job. And the reason why I say this is the reason why I ran for office was the work that I do with young people. I've been a mentor now 21 years. Uh, Mayor Demings, when he was sheriff, was my mentor when I was a freshman at Valencia. But I started with the public defenders office in '04 working with young people in the juvenile system. Then in 08 I started working with young people in the adult system. And the first time I met Levetta was on a crime scene when she was public information officer. One of my kids had been killed. And um she was Mercy Drive. She showed me a compassion I didn't know police could make. I was a young person at that time. But um I would later meet her at several other crime scenes in her role as public information officer. And so um over the years she's gone up through the ranks and she's just been just an amazing like bonus mom uh counselor and mentor. And so it's I'm so happy that you guys um trust her enough to be able to serve as your as your top cop or top law enforcement officer. And so I just wanted to share my personal experiences with her in her role. um working for Orlando police because I can't think of any person better. And so if you're ever wondering um whether you made the right decision, I'm telling you, you did because she is u just an amazing amazing person, amazing woman. And um I'm excited for her to assume this new role and and help you guys

grow. So, thank you for that selection and I just wanted to share those thoughts with you. Thank you. Thank you. Appreciate both y'all coming out. Thank you so much. All right, we've got six consent agenda items. Does anybody from the the public or from the das need to pull any? If not, look for a motion to approve the six consent agenda items. So move. Got a motion by Commissioner Smith. Second. Second by Commissioner Anderson. All those in favor? I. All oppose. Motion carries. Did we open it up to the public? Did we open it up? Okay. Authorization for street closure. Good evening, Mayor and Commissioners. Good evening, Commissioner Scott, Commissioner Moore. Uh we're going to try this one more time. Um I'm here tonight to get the authorized for the street closure for the Apakka High School and Wakiva High School band showcase. Hopefully we'll have better weather this time around. Um a street closure is requested for a city-led event for the Apaka High School and Waka High School bands. The event date requested is November 15, 2025 and requested street closure is on Fifth Street from Park Avenue to Central with access to the Fifth Street parking lot. Road closure to begin at 4:30 p.m. November 15th, 2025 and will reopen at 10 p.m. the same night. The event is a fundraiser to help Apakka High School raise funds to participate in a parade in London, England, and Wakahiva High School to participate in a parade in New Orleans, Louisiana. And uh the ba the band showcase will begin um at 7 and go till 900 PM. Um this is the rescheduled date um due to weather the last time. Uh the event has been developed and reviewed by staff including the police and fire department and is recommended for your approval. Any questions for Cindy? No other changes other than date. Correct.

That is correct. And then how are we once we get to this event? How are we donating? What's the process for donations? They have a QR code that has been set up. There's a link uh that Kelly has set up uh for them and I do believe they're going to pass the hat as well while they're there and they'll have the QR code to be able to donate. Okay. It'll be the city of Apakka that's they'll be separate. Wakiva has their own and then Apakkco will have their own Okay. codes to be able to to help kind of distribute that. Make sure that's marketed. Yes. Correct. Okay. Understood. Thank you. Thank you. All right. Anybody from the public wish to speak on this one? Not close public hearing. Look for a motion to approve the road closure for the high school band showcase. Got a motion by Commissioner Anderson, second by Commissioner Smith. All those in favor? I. All oppose. Motion carries. Now, next up, street closure for Phil the boot. Chief. Good evening, mayor, commissioners, members of the public. We are requesting a street closure for the fill the boot a fire department truck pool. The city event is to raise funds for Papy firefighter engineer Phil Frell. He suffered a serious medical event. This will include the truck pool, children's activities, and food vendors, live entertainment, and a fire safety demonstration. The event date requested is November 8th, 2025, and is requested for street closure on Fifth Street from Park Avenue, I'm sorry, from Park to Central Avenue with access to Fifth Street parking lot. The road closure will begin at 4 pm and will reopen at 10 pm on the same night and will follow the same closure used as the band showcase on 11:15 that was just presented. The event has been developed and reviewed by staff including police and fire department and is recommended for approval. So tell us what's going to be happening there. All right. I was going to wait till the next council meeting.

I know but the truck full event itself it's unique itself. I mean, this is being put on not only by the city, also the Papa Fire Department, the firefighters association. We're all uniting together to take care of one of our own. He suffered a serious medical emergency. This truck pool is going to organize teams of eight. Everybody's going to have the ability to pull a 40,000 lb truck, fully weighted, all the equipment on it. It's 100 ft. We're trying to get it across the finish line as fast as possible. These teams are being made from several fire departments. This is going to be included from members from the community. Anybody here that would like to put a team together is welcome to show up that day. All the proceeds are going to go to Phil and his family. It's very similar to their event that they're doing as far as a QR code that goes directly to his GoFundMe account. That night, we're expecting anywhere from about 4 to 500 individuals to attend. U we're looking to fill up as many as 50 teams. And right now, open registration is available directly on the city website. If you link into the fire department, you'll see all the information based off a QR code. And anybody's welcome to attend and join, participate. Hopefully, we can get a team. City commission, mayor, you guys would like to pull that truck. Be uh great to see. Might hurt myself. But no, we're we're excited to to to to sponsor help help you and the and the uh the association put this together and putting it on. And so thanks for putting this together so quickly. It's uh it's really going to be a amazing day. Any any questions for the chief? No, I'm excited about this. Thanks for putting this together. I think it's going to be a really cool community event. It's just it's going to bring everybody together for a very good cause to help somebody that's helped us in the community. So I think that's great. And and I do want to do my own team, too. So, or I'll join somebody's. I'm happy to do it. I think just being part of that is going to be so much fun. I think such a cool thing and maybe this can be kind of an annual thing in some capacity

that goes to benefit whatever it may be. So, I I look forward to this. I think it's a great event and and thank you for making it happen. Awesome. Thank you. And I'm I'm going to be out of town that date. So, is there a way to contribute if you're not present? Yes, sir. We'll have the QR code available and you can follow the link directly online as well. All right. All right. Anybody from the public wish to speak on this one? Well, one last thing is we got Matt Morgan of WWE fame will be our MC. He is he is excited to be a part of that. So, we're we're excited. So, with that, look for a motion to approve the road closure for the fill the boot popular fire department truck pool. So, move. Got a motion by Commissioner Smith, second by Commissioner Nea. All those in favor? All opposed? Motion carries. Thank you. Next up, RFP 2025- A-161. Good evening, mayor and commissioners. BL Sherman, finance director. Before you is the award of the auditing services contract for the city of Apopka and the CRA to Malding and Jenkins LLC. We received the electronic bids on September 4th. Um the date the RFP was issued was August 3rd and they were submitted on September 4th. As mentioned, we had two evaluation committee meetings, one on September 19th, the other on October 7th. We had um two 2312 notified about the RFP, 309 reviewed and seven were following, but we only had two submissions and that was James Moore in company and Maul and Jenkins LLC who is our incumbent. So the audit selection committee consisted of commissioner Alexander Smith who was the chair, Cynthia Lindseay, director of finance for the city of Sanford, Gloria Emmanuel, senior account for the city of

St. Cloud and as a non voting advisory member uh that I served in that capacity. So during the initial evaluation committee meeting that occurred on September 19th, the actual firms tied at 95.87 87. So our next step was to proceed with interviews and we interviewed both firms on October 7th um with the same qualifications. They just had to present their proposals and the results of that was a onepoint difference. So the total is James Moore at 187.34, Malden and Jenkins 188.34. Therefore, the evaluation committee recommends um awarding the contract to Marlin and Jenkins for the five-year period at a total amount of $331,200. Okay. Mr. Smith, since you were the chairman, why don't you kind of give us your your take on how the process went just so everybody has a Well, I say it was an interesting process. Uh first of all, receiving the bids and then going through them. um line by line and uh making sure that they met all the qualifications that we're looking for in the RFP. Uh and it was just amazing that both firms were highly qualified. And so as you can see the first time around they were actually tied and uh then so then we went to interview process and and then again the only one point difference and so uh two very very very qualified firms and uh so we are recommending that the award is awarded to Madison and James uh for our auditing services and both companies Jenkins. Both companies are to be uh commended uh for an outstanding job. Okay. So, any other questions for either Blanch or for Commissioner Smith on the

the process? Yeah. What was that one point difference? Do we know what the like where that what set them apart I guess by that one point? Again the the qualifications the the criteria was ability to of personnel and experience um the ability of the firm to furnish the required services their audit approach and their audit fees. So well I understand the the parameters the scoring wise but that's what made the difference the scoring related to those criteria right now which I don't have that detail with me. Okay. Was the cost of services the same between the two or how did that No, it was not the same. The cost was not the same. Um actually the difference between the cost as I mentioned in our briefing um related to the single audit. Um Malden and Jenkins basically priced their single audit cost because of more than what the um James Moore did. So that was a differential in their pricing. I I don't remember us discussing that during my council or my agenda review. But so you're saying that James Moren Co was lower than Malden? Let me give you some details. The annual cost just for the regular audit Malden and Jenkins was 271,200 and James Moore was 275,000. So in regards to the single audit and the CRA audit, you had Marvin and Jenkins at 30,000 and James Moore at 25,000. Okay. for the five-year period. And then the so a lot of times when we we are going through this process, we usually kind of submit at least that we most recently have I think either last meeting or meeting before we kind of see the score sheets and how it's broken down. And so I guess that's why I'm

asking the question now is that I don't see those score sheets here and previously we've kind of seen how those are broken down. Well, we've provided the summary of the score similar to what we have done in the past. You've provided other ways recently though differently. That's that's the only reason I'm asking that question. It's been provided differently. It probably was a bid and not an RFP. Okay. And this is for five years. Yes. Okay. Okay. Understood. Thank you. Any other questions for Blanch or for Commissioner Smith? Okay. Anybody from the public wish to speak on this one? Okay. If not, we'll close the public hearing. Look for a motion to approve. Let's see. Uh RFP 2025- A-161. So moved. Got a motion by Commissioner Velasquez. Second by Commissioner Anderson. All those in favor? All opposed? Motion carries. Now, thank you. Thanks, Brian. Next up, ordinance number 3127. Ordinance number 3127, an ordinance of the city council of the city of Apopka, 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, providing for codification, providing for severability, providing for conflicts, and an effective date. Thank you, Susan. Um, the recommended motion is acceptance of the second reading of ordinance number 3127 amending chapter 78, utilities of the city's code of ordinance to establish fines for meter tampering. Um, the first offense being at $250, the second offense at $500 and the third offense um to cut off the services. Any questions for Blanch? Anybody from the public wish to speak on this one? If not, we'll close the public hearing. Look for a motion to adopt ordinance number 3127. Before we take a vote, I just want to say similar to last time, I'm going to vote no on this only because there there's too much variability that it

doesn't we don't really know how we're applying this and how we're enforcing it. There was discrepancies between finance and and administration. So, because of that, I'll be voting no again. I just wanted to explain that. Okay. For a motion. Got a motion by Commissioner Smith. Second, second by Commissioner Anderson. All those in favor? I. All opposed? No. Motion carries 4 to1 with Commissioner Nest in opposition. All right. Next up, ordinance number 3128. Ordinance 3128, an ordinance of the city of Apopka, Florida, amending the land development code of the code of ordinances of the city of Apakka, Florida by amending the city's planning and replanning procedures to establish an administrative approval process, establishing a process to expedite the issuance of building permits for residential subdivisions prior to recording a final plat. Updating regulations pertaining to model home sales, updating updating definitions, providing for legislative findings, providing for codification, providing for severability conflicts, and an effective date. Okay. Mayor, commissioners, I'd be happy to speak to this one. This uh ordinance is brought to you via legislative mandate. Uh the in the last uh in the last um session, Senate Bill 784 requires that platl applications be approved administratively. So the chapter has been amended to account for that and allow it for administrative approval. And also Florida or section 177073 in Florida statutes requires local governments to establish uh a process for expediting building permits for residential subdivisions prior to recordation of a final plat. And so that has all been included within the ordinance. Um that's before you this evening. If you have any questions, I'd be happy to address them. Any questions for Mr. H? I I guess the overarching question to confirm what you were just stating and kind of restate it. We can't say no to this. No, no, no. The uh the legislature

requires it. Most of the provisions, especially with the expedited permitting are taken directly from the statutes and incorporated into uh platting. The administrative approvals um has just been reworked to conform to that requirement, but they are requirements. Okay, understood. And then it was requested that uh on on staff level that although it's not going to come to us for approvals that we just maybe get updates um somewhat regularly to to just understand what's being approved internally just again so that should residents reach out about a project or whatever it may be uh we'll we'll know where in the process it is. So I just want to make sure we're doing that. Um Mr. Williams. Yeah absolutely. Okay. He will. And I I'll add um Commissioner that just by design, by how the city's development process works, you'll still be saying essentially the same information. So the approval won't be for the actual plot plans, but you'll still see the plot plans and you'll see it as the as the development goes through the development pipeline. Absolutely. Thank you. Very welcome. Anybody from the public wish to speak on this one? If not, we'll close the public hearing. Look for a motion to approve ordinance number 3128, the first reading, and hold over for a second reading and adoption. Some got a motion by Commissioner Vasquez, second by Commissioner Anderson. All those in favor? I. All oppose. Motion carries unanimously. Next up, ordinance number 3129. Ordinance 3129, an ordinance of the city of Papka, Florida to extend its territorial and municipal limits to annex pursuant to Florida statute 171.044. The hereafter described land situated and being in Orange County, Florida, owned by David Ciple, located at 5118 Plymouth Sarrento Road, comprising of 0.041 acres, more or less, providing for directions to the city clerk, severability, conflicts, and an effective date. Good evening. Bobby How, planning manager. For the record, the applicant is requesting a voluntary annexation of

approximately 41 acres of property that is located at 5118 Plymouth Sarrento Road into the city of Apopka. A building housing a former bar is located on the property. The bar lost its non-conforming status in Orange County. The applicants requesting to annex the property into the city to reestablish the property as a sports tavern. The vicinity map shows the location of property is in black. Aerial shows the location of the property in yellow and the properties to the north are within the KPI. Uh this is the wingspan development that's currently under construction. Properties to the east are within the county. This is the public's development that's to the south of the property in the village center portion of the Kelly Park formbbased coat area. In conjunction with the annexation application, the applicant has drafted an annexation agreement that reestablishes the property into a sports tavern and allows redevelopment of the property while satisfying certain criteria of the formbbased code and acknowledges there will be a future need from Orange County for right away along Plymouth Sarrento Road. Future land use map shows everything in orange to the west is mu uh mixed use mixeduse future land use which is the required future land use within the Kelly Park formbbased code area. Uh the or the blue represents other things that are not within the formbbased code area. It's a transitional type zoning. Properties to the east as I mentioned are in unincorporated Orange County. Statutoily it is eligible for annexation. It meets the consecuity test. Uh Florida statute does not require a local government to annex property into neither does our joint planning area agreement with Orange County as well. Uh annexation is strictly the perview of a municipalities governing body. There is a concept plan that is associated with the annexation agreement. It is serving as a master plan for the use of the property as well. And there is a pre-taking and a post-taking plan. The pre-taking plan,

as you see on the screen, establishes seven things. It provides a 10- foot wide trail along Plymouth STO Road that is constructed at the owner's expense. Trail is located along here, and it's called out on the plan. It provides a 3-ft tall knee wall and landscape buffer parallel to the trail. It provides a restriped enhanced paved parking area on the front edge of the property. If you've drove by the property, you can see there are some parking spaces that are there that are uh these parking spaces will be upgraded. Provides additional alternative surface parking onto the side here, which is called out on the property. Um on the concept plan, provides a covered wood deck. It provides a formal site development plan for review and approval by the city council, which is consistent with the initial concept plan. and it renovates the existing building into to incorporate a metal roof, a new entry door, additional windows with awnings, and a wooden deck. There is a post-taking plan that is also associated with the annexation agreement should the council choose to annex the property and go and approve the annexation agreement. The post-taking concept plan is provided and it depicts reconfiguration of the property within 24 months of Orange County's acquisition through imminent domain of the portion of the property that is adjacent to Plymouth Sto as additional rightway for road widening. And that would relocate the 10- foot wide pave trail, landscape buffer, 3-foot knee wall, and pave parking to the side and rear of the building. And you can see that on the concept plan on the screen. As I mentioned before, the property is eligible for annexation as it's contiguous to the city limits and pursuant Florida statute 171.044. Orange County does not object to the annexation but has provided correspondence requiring a 30-foot rideway 35 foot wide dedication rightway Srento road and that uh letter is in your packet as the road corridor is listed in Orange County transportation element 2030 long range transportation

plan and the county is also requiring a covenant on the property regarding notice of proximity language that the property is located within 5 milesi of Sand Hill preserve. The development review committee recommends approval of the annexation. However, it is noted that the annexation of the parcel into the city is not anticipated to advance the broader vision of the Kelly Park interchange formbbased code, specifically the village center, which is intended to be a walkable, mixeduse, pedestrian oriented development. And the recommended motion this evening is to accept first reading ordinance number 3129 and hold it over second reading and adoption. That's the conclusion of my presentation. Uh the applicant is here as well. Um, and they probably have a presentation. I believe they had some handouts they wanted to give to the council as well. So, with that, I'll take any questions and outlets here as well. Okay. Any questions for Bobby? Uh, I do. Sure. I tuned in yesterday to the PNZ and heard the whole discussion between the uh PNZ board yourself. I don't think I heard um the representative. I did hear the representative, but now in the paperwork that you have attached to our for our consideration. Um, it says here, "While the requested zoning and overlay are consistent on paper with Kelly Park interchange, the form base code, it is the staff's assertion that the parcels constraint, size, and singular use reduce its ability to realize the intended character of a walkable village center with a diversity of uses, although standalone commercial buildings are permitted in the village center." So now the other thing that I had so I I'm not too sure. Are you saying yes it's okay or no? It's almost like you're not too sure. It doesn't fulfill the spirit of the

village center. The village center is intended to be a pedestrian mixeduse walkable area. This building was built in 1976 long before the Kelly Park interchange formbbased code area was ever contemplated. Uh and probably way before the city limits of Popka ever reached out into that area. Uh the applicant is trying to convert an existing building that doesn't meet a lot of the criteria of the formbbased code uh such as architectural design. Um but they are trying to convert the existing building into something as much as possible as to what the village center contemplates. And then also under recommended motion with development review committee, you write recommends approval of the annexation for the property located at 5118 Clement Surren Road while approval is recommended based on technical eligibility. Staff notes that the annexation of this parcel in the city is not anticipated to advance the broader vision of the Kelly Park interchange formbbased code. So you're you're almost not really embracing it. I I don't know the technical word I want to say. You're you're saying it does qualify for mixed use. It is Is it in the overlay? It qualifies for annexation per statute. It's eligible to be annexed. And as I've had stated earlier and I've indicated with all of you in my briefings before, annexation is strictly the purview of a governing body. You're not required to annex a property into the city. The JPA doesn't require it. Statute doesn't require it. It meets those criteria for annexation. Uh as far as the intent of the formbbased code, I mean the formbbased code was adopted by the city council, I believe about 10 years ago

now. uh and it creates several different character zones which are almost like little mini zoning districts. You go from the most intense, which is village center, to the least intense, which is neighborhood, which we see most of the residential developments at. The village center is almost intended to be like a mixeduse pedestrian downtown, if you will. If you go to Baldwin Park, Celebration, some of these other form based co communities. That's the idea behind that. This building obviously was built almost 50 years ago and it's that the annexation agreement should you choose to go uh approve it would bring it up to uh form-based code standards as much as possible but the annexation like I said is the discretion of this board. So now he's recommending a a metal roof. Was that part of the design for that Kelly Park interchange? Were we allowing metal roofs? architectural design guidelines are within the formbbased code. There's certain um building requirements that within that. I would have to go back and double check about metal roofs. It's usually a non-metal roof type of building, but I would have to check the form standards in that. Yeah, I was surprised that no one had asked about that yesterday at the PNC. Um and I will remind you, commissioner, that the planning commission did not consider the annexation because that does not fall under their purpose. consider, right? It was just the future land use and the reasoning, right? Yes. Um, okay. And I will I'm sorry. And so I just want to ask again and so the owner is willing to comply with all of the guidelines and requests that you made. They would be willing to comply with the agreement uh everything that's outlined within the agreement. So, it' be an agreement between the city and the property owner to upgrade the property to the pre-taking plan that you see on the screen and everything that's

outlined within that. And then after the acquisition of the rightway from the county, the post-taking plan. All right. And should this indexation not be approved, what happens to this place of business? Uh, it is a nonconforming use in Orange County. It's zoned Citrus Rural, which is A1. Um I whatever county regulations would allow there. Um but I would assume since it's agriculturally zoned, a bar would not be allowed to be permitted there. Um or type any type of commercial use because it also has a rural future land use as well within the county. Now one of our uses in the form based code, do we have a standalone bar? Is that even a It's called a tavern. tavern as a permitted use which would equate more food not so I would think like a Stephy's pub or would be so there's definitely a a food com a big food component to that versus I guess going way back this it's been how do you know how long it's been closed Bobby don't know off the top of my head it's been several years but it has yeah because I've been passing that property now for probably over 10 over 10 years. Yeah. It's been shut down. Yeah. Any other questions for for Bobby? We'll have the applicant come up. I may have some later, but yeah, I'd like to hear from the applicant first. Mayor, Commissioners Bren Spain, Theriaak in Spain, 1809 Edgewater Drive, Orlando, Florida, 32804.

And if I may, Mayor, uh, as Mr. Hal indicated, we do have one hand out. We let him know earlier today. If I can approach the clerk and have her hand out. So, while the handout's being distributed, I just want to talk briefly about the project. Obviously, there are three items on tonight's agenda related to this project. The first is the annexation. It has a annexation agreement accompanying it. There's also a land use change and a reasonzoning request. And this process is we've been in this process for a little over two years um is when I first got involved with Mr. Cypone and this essentially is Mr. Cipolone's retirement dream. I I don't know how many of you have been down to uh Sodo where I live uh South Orlando. There's a establishment called Johnny's Filling Station which is a little sports tavern. My 16-year-old goes up there with his friends and eats. And that's essentially what Mr. Cypone's sort of vision was when we first met with staff about this. And subsequent to that uh meeting with staff, that was uh your old planning manager or director Jim Hit. Uh it was suggested of doing this annexation agreement to set forth what type of improvements we would make to the property because there was an issue whether or not we're new development versus redevelopment. Redevelopment under your Kelly Park interchange code doesn't need to comply

with any of the Kelly Park interchange requirements other than exterior improvements. Uh interior improvements. We're not proposing to expand this building at all. Nothing like that. So myself, uh, your city attorney, Mr. Shepard, and Mr. How, we all met and out of that meeting came the concept of proposing an annexation agreement. And then the city staff actually ranked in priority for us what they would prefer to see on the property, the improvements that we could incorporate. So that's how you see the 10-ft pave trail because without our client's property, the pave trail on wingspan, which is to the north and south of our client's property, we'll have no connection. So staff said, "Hey, it's very important that we have a trail." And Mr. Siplon has agreed to that. The staff wanted to see a knee wall because that's consistent with some of the Kelly Park interchange architectural uh guidelines. and we've agreed to the knee wall with the rod iron fence on the top of it. The other issue was making sure that our uh floor iron ratio, the intensity of the development complied with the minimums in the Kelly Park interchange. And you heard Mr. How mention how this is in the village center. This property has always been in the Kelly Park interchange village center since the city council adopted that in 2010. So if we annex in, we have to be have to have a zone a lane use of mixed use and we have to have the Kelly Park interchange zoning with the village center overlay. So we're asking for that later this evening, but our intensity complies with the city's requirements in the comp plan and the Kelly Park interchange overlay. And then the request was a landscaping buffer which we've incorporated into that pre-taking plan. And then post staking

there was a desire to make sure that the parking for the uh tavern got shifted to the rear of the building and to the side to be more consistent with the Kelly Park interchange code which again we've done that when you look at the pre-taking post-taking plans you'll see that that's incorporated and that's one of the requirements of the annexation agreement. The reason why this property is unique is one and that's the reason for the handout in front of you that shows the wingspan development that you all have approved and how our client's parcel fits into that. It's sort of another piece to the puzzle. In fact, if you look at the north part of that handout, you'll see a an undeveloped square that says wingspan out parcel for future commercial development. I would submit our client's parcel is no different than the out parcel on the wingspan development which inevitably will likely be developed with potentially a standalone commercial use which is allowed under the Kelly Park interchange and to go commissioner's apologize I I wasn't here last night but I watched the live stream so I saw the questions about is there intercon interconnectivity with pedestrian traffic and the Like and when you look at this superimposed on the wingspan development, you can see where that interconnectivity is. We connect the trail together. We have a sidewalk out on Plymouth Sarrento that furthers that interconnectivity. We are walkable to all the uses in Wingspan, including that future commercial use and the like. So again, in that regard, when you look at just the aerial, and it looks like we're just developing this little point4 acre lot, which after the taking will be a little over a third of an acre, which really isn't going to be developed. And I think

that's with staff's point in the staff report is you're not going to be able to develop a third of an acre with a super high intensity use. And unfortunately, this this parcel wasn't incorporated in into Wingspan. Neither was the uh privately owned parcel slightly to the north which is depicted on the handout. I think that has a residential home on it. But when you see it in the context of what's going on around it, I would submit that it it is entirely consistent with the Kelly Park interchange uh vision for a walkable interconnected development pattern. The other reason why the annexation is important is for the city long-term is the property immediately to the east on Plymouth Sarrento is also uh in your village center in the Kelly Park interchange uh overlay plan. And in order to annex that should that property owner want to come in to annex, obviously it's important for our property to already be annexed. Otherwise, it's creating a impermissible enclave or pocket of unincorporated property. And again, Mr. Cipelon, who's here this evening, he's right there with his hand up and his son's also here. I also have the Kelly Turner, the land use planner, who's worked on this project. We would ask for your support. the DRC when they recommended approval, my recollection from that meeting is they did not add that last statement to their motion when they recommend approval. They didn't say we recommend approval, but it doesn't it potentially doesn't advance the broader view of the Kelly Park interchange code. That seems to be something I don't recall from that meeting. again last night on the land use change in the zoning the planning commission recommended approval 52 on those items and our client you know some people don't want to come into a city whether it's increased taxes or the like

our client actually wants to be part of the city of Apakka and in the event he warning an ex commissioner you ask well what happens to the property the property is going to be left rural and it's going to be A1 and my clients be relegated to doing a uses. So whether it's farm animals on the property or something else, which I would submit is wholly inconsistent with the Kelly Park interchange vision. And it and I would assume that the future residents of Wingspan don't want that right there. They much rather have a little locallyowned small sports tavern that they can walk over to, watch the game, have some finger food and the like, and walk back to their apartments. So, we would respectfully ask for your support. Again, tonight's just the first reading, but we'd ask you to move it forward, but I stand ready and willing to answer any questions as as does Miss Turner. Okay, any questions, Mr. Spain? I I do. Thank you for providing the the document here and in some detail as well and some historical context. I guess the question that I'd asked staff, uh, why was this not part of Wingspan? Why did this not come in? If you guys originally wanted to be a part of City of Apaka, why was that not brought into that same project? Well, I I think when we first met with the city folks two and a half years ago, it was I think there was some suggestion of, well, Mr. Ciplo, why don't you just sell to the Wingspan developer? And I mean, again, part of this is Mr. Cypalone's long-term retirement plan is I want nothing more than to own my little own sports tavern. I can retire from my construction uh infrastructure business and I can come here and I can run this place and be happy with it. And I assume they didn't work out the price for the wingspan developers to acquire

it much like the parcel one one to the north that's on that handout as well commissioner. It says privately in commercial potential. Again, that's a home right now and my understanding is that individual eventually may want to redevelop that with a some sort of barber shop on that property. But again, that that's why it's not part of Wingspan is Wingspan didn't buy the property from my client. And thank you for that. And I've seen and we've seen it in the KPI developers and different entity owners coming together to kind of build a more comprehensive cohesive project even though they have separate uh ownership and and and the like. Um it still helps again with the kind of the spirit of the KPI itself. H have there been any conversations with Wingspan to have direct connection with their project? because I I understand you're saying that there's a trail connection on the the east side of the property, but I feel somewhat disjointed and not completely a connection if we're not having connection to the Wingspan project where there is um other development going on there. Yeah. And I understand that. And if you look at the if you look at that handout, you can see that my client's property is sort of buttressed on three sides by parking in Wingspan. And apparently as part of Wingspan's review, which predated our project gone through review, there wasn't a interconnection apparently required or cross connection with our client's property as part of Wingspan. But we we've reached out to the Wingspan developers one to coordinate. We're trying to coordinate with Central Sewer to get an easement to tie into their central sewer. So Mr. Siplo's been in ongoing discussions on that. And then we've also advised staff that we have no problem providing a pedestrian connection directly to Wingspan off the west side of our property. You'll see that that sort of there's like a white area and it it looks like a little rectangle on there. Wingspan actually has a dog park there

is what they've proposed is on the on the west it's on the east side of that parking area and it's on the west side of our client's uh property. But we've said, "Hey, just let us know where you want that interconnection for walking so they don't have to walk down to Plymouth Sarrento and we're happy to provide that." And so that can be addressed as part of our site plan as Mr. Hal indicated under the annexation agreement. You know, you saw the concept plan, the pre-taking concept plan, but my client would have to come in with the site plan approval for that. So, we could certainly add that dedicated connection point. We just haven't been told where anybody wants it. Have you had any conversations with Wingspan directly about that? Uh I don't I haven't directly with them. I have reached out to their planners because they're at uh Polio and Bennett. So other other my developer clients use them. So I've spoken with them informally about it. Got Mr. Cipalone in contact with the planner at Polio and Bennett that's in charge of Wingspan to discuss the wastewater connection point. But we can certainly have those conversations. We're not against having that conversation. Is it currently on septic right now? It has an existing uh septic tank which is valid. It's still functioning. Uh obviously if he ends up putting in a full kitchen. If uh central wastewater becomes available through our discussions with uh Wingspan, then we will connect to that and that would allow Mr. Siplon to potentially add the full kitchen. So, is there a kind of a threshold basically of if it's available, if it's not available? Because I if money is no object, it's always available. Yeah. But is there I guess is there a threshold for you guys, I guess, that where you say, "Okay, if Wingspan doesn't provide it, we're not doing it." Yeah. Well, right now, what we've informed staff on is under the law, we're allowed to utilize the existing septic tank as long as it doesn't fail.

If it fails, then we're going to be required to connect no matter what. So right now the reason we're trying to connect to Wingspan is because they have a gravity system which is closer to us at least in their proposed plans. The other utility line I think my understanding is one of them's on the other side of Plymouth Sarrento. So the issue becomes whether you you know drill and bore under the road or you cut the road and and connect to that. But again there would be limitations on what my client can do foodwise. without the central water uh without the central sewer. Once they have that, then if that becomes available, it allows them to do more. So, they have an incentive to try to get connected to central sewer. Absolutely. And so, if I heard correctly too, and this maybe is a Mr. Howell question as well, just for clarification on my end, is we're we're setting up a like a a a subsp specialty zoning exclusive to this site that that nobody else is going to have. Is is that accurate? It almost be considered like a development agreement for the site, but they would be if it's annexed, then you would come back on the same agenda because that's what the annexation agreement says. We would then have to assign a future land use of mixed use, which is what's required in the KPI. And then we have a reasonzoning item uh which you would assign the village center designation to. and then the concept plan that's associated with the annexation agreement serves as the master plan. Okay, understood. Thank you for that clarification. My I guess my my biggest hurdle on this one is I want to see connectivity. I think that's the biggest thing there and if we don't have some asurances I guess on that front and and I it sounds like preliminarily we're in those discussions or your team is in that discussion with wingspan that the whole point of the KPI is connectivity walkability and and in its current form I I just don't see that

if you can create some type of synergy with wingspan I think it opens up a lot of opportunities there that that makes sense for the project and then secondarily to that is is kind of the ingress egress it's going to be a dynamic situation there. So, I'm a little concerned about that as well. Um, especially with the more development that's going on out there and especially once the taking happens too. That's just a concern of mine because have to I mean it would have to be a right in right out effectively. Correct. Yeah, I believe that's what's shown on here is a right in right out. Okay. So, right now I think there's a separation in Plymouth. Okay. Yeah, that that that's my only other concern. And again, if we can kind of navigate these issues and again, obviously the water as well. Um, I think there's some some opportunity there. It's just we don't want to have like a segmented new development, I guess. Yeah. And again, Commissioner, I I understand that we're not adverse to continue those discussions. Part of the hurdle is is as you see the wingspan, that's their approved development. So, they they didn't apparently they weren't required to have a stubout to connect to us. So unless they volunteer to amend their approved development plan to then have a stubout, we're not going to have vehicular interconnection because it's going to take away some of their their parking to do that. The pedestrian interconnectivity, we've we've always said we have no issue with that. I I don't know that we have an issue with vehicular interconnectivity. It's just we can't impose it on somebody who has an approved development plan from the city of Apka. That's what this is. And again, just our site is only point4 acres and after the taking, which is it's either a 30 foot or 35 foot strip across the entire length of the property. That that ends up taking almost a third of the property

away. That's why you couldn't develop this site today to the Kelly Park standards and build it right up to the street because you'd just be inviting Commissioner Warren, Commissioner Scott and them to then pay to rip down the building. Whereas by utilizing the existing building when the road is widened, we suddenly meet the setback requirements of the Kelly Park interchange. Okay. Thank you. Yeah. Any other questions for Spain? Okay. Anybody from public wish to speak? Albert McKame 360 Golden Gem Road. Question commissioners. Who here tonight is going to speak up for the little man? In my my opinion, we were forced into accepting a foreignbased code. Many of us have lived there for a long time. We didn't want subdivisions next. Yeah. But what we do want is choice. We want to see diversity. We want to see history. I don't want choice taken away from me. What you're suggesting tonight is that I should go to soulless places in large town centers that are large corporate entities with no soul. These are people with no interest in a popka. These are people who are corporate and who are going to make money out of us. Why can't we support this man who wants to come into who wants to give us something different? He wants to be there. Provide us with an alternative to the corporate entity. And if you can't provide us with that, then you're taking away the average citizen's choice. A lot of the things that happen in this city administration,

we don't we don't want but we do want choice. We do want to see the small businessman prosper. If you force them out and you force them out because you've got town centers somewhere, what are you going to do at the town center out here? If you can't provide them an opportunity out there, they're not going to come here and provide us with an opportunity to grow in the middle of a popka. Anybody else from the public? One thing I would like to make sure with in the planning the early stages is that we go back a long ways on properties. um even this one is that when someone owns it, somebody owned it before and what was it used for before that? We know that the properties here, um we've got ones that were used for crate mills and that was contaminated. Um we know that there were places that were used for nurseries and then somebody else bought it and made it into a store. But what was under it before and what contamination was done? Could it be a brownfield? Just like the Dollar General, it was on somebody's property, but beside it was a nursery that leaked over underneath it and it became a brown field. So, we need to make sure that maybe before um he owned it that who owned it before that and who owned it before that and what was it? And so I want to make sure that as these as staff

is looking at these properties that we look before that and find out who owned it before the current owner and what the condition of the property was. Anybody else from Pope? Uh Christine Moore, Orange County Commissioner. I'd like to to address the septic system and the sewer issue a little bit because I um have a situation that I think this could turn into over in Lake Pleasant near 436 and we had a restaurant move into a shopping center where it was a se very small septic system at the back and it's been a continual problem uh with sewage floating down the street and the the regulation of that issue is through the Department of Health. And I could tell you Orange County policy for something like this. We would require them to do an on-site system. And so I I have an issue if you would leave it with uh a traditional septic system. I don't know how you're going to regulate if they start going to food. And that really isn't the standard in the Wakiva Springs area. We changed all of our policies to go to an on-site system. So I just wanted to bring that up to you. Thank you. Thank you. Anybody else? public speak on this one. Okay. All right. So, what is the pleasure of the board? Um, I've got some mixed feelings for Go ahead, Mr. So, in regards to the septic system, I think that is my area of concern is in the event that the capacity level doesn't support it, do you guys have the capacity to if required to install an on-site septic system? And can we incorporate into the agreement?

I would say this commissioner, if at the end of the day that's the hurdle that we have to get over to be able to come into the city of Apabka, we'll end up committing to connecting to central sewer. So that is my only concern because you guys are, you know, are willing to do much as possible to make sure that you follow the Kelly interchange formbbased code. So the only thing would be the on-site septic. So if you guys are willing to agree to that, then I have no objection to it. So, and I was going to simply say that's the reason why I asked what happens if we do not exit in because uh I'm concerned about the small businessmen as well and our small businesses and I don't think we ought to to push them out. Uh, and so if this is going to assist him in remaining in business or or reopening the business, uh, I move that we accept the annexation of this property. Yeah, I I I'm not against it. I just want if we can have a little more conversation if I can meet with you or have a phone call or zoom or teams pick your media uh just to kind of understand how we can get a little more connectivity here just again because I think it's going to be five six seven years down the road and residents are going to come to us and say why didn't you connect it why didn't you do this why didn't you do that why are you allowing more in egress there right in right out whatever it may be so I just want to make sure to get try to get ahead of those as much as possible um I'm not against it it's just Let's try to massage it a little bit to make it make sense. Yeah. And I'm And again, we're here on first reading tonight. I'm happy to reach out to the Wingspan planner and see if they have any issue with losing a couple of their parking spaces. So the for the potential for interconnectivity, as you know, on our posting plan, it

comes in one direction, goes around the building. So we'd have to have the interconnectivity on the north come in and so that then they can also go out on the southern part. But again, I don't have any issue with reaching out to them. I just don't have the ability to force them. Sure. So, and I understand that. So, you can do that between now and the second reading and then you and I connect in some capacity there. Sure. Before the second reading, that would be uh really cool. Really appreciate it. I will do it. And along with that, then I Bobby, I would suggest you re reach out to the wingspan people just make make sure y'all are connected in that conversation. That be appropriate. I mean, for the record. Sure. Mr. Spain had asked me to reach out to them in the past to Wingspan and I had on multiple occasions and never received a response. If you'll get Can you get me their contact then? Okay. All right. So, and I would just say on the mayor, I think they changed I don't know if they changed the planning firm that was involved in it, but we now know the actual individual is doing it. I'll I'll I'll reach out and see if I can get some some some clarity on that. But but I I agree with with uh Commissioner Anderson. We need to have it needs to have sewer period. I don't think that's I don't think that's up for discussion or in in my my my mind. So I think we need to have that as a part of the agreement. Um, and then we'll reach out to Wingspan and try to find at least get some common ground because I think the whole part of this is the connectivity that whole form base because that's that's the whole reason for it and you know um we don't want to hold you hostage but on the other hand it's it's it's something that's that's it's required and we want to make sure that that's you know we only got one shot to get it right and this is it. So, um, so with that, uh, look for a motion to approve, uh, ordinance R 3129, first reading, uh, and hold over for second reading and adoption. So, a motion by Commissioner Anderson,

second by Commissioner Smith. All those in favor? I. All opposed. Motion carries unanimously. All right. Next up, uh, ordinance number 3130. Charter amendments. First Ordinance number 3130, an ordinance of the city of Apopka, Florida, submitting to the electors of Apka, proposed amendments to the city charter of the city of Apopka, providing ballot titles, summaries, and text for the proposed charter amendments, providing directions to the city clerk, providing for severability, providing for an effective date for approved amendments, providing for an effective date of the ordinance. Thank you, Commissioner Mayor. I'll be presenting this item uh as you may be aware of, of course, this is a uh a brand new ordinance before you to address the charter uh referendum. I'm just going over what the questions are since it's been a while since you've seen it. Uh there are eight questions that will be submitted for referendum under the current incarnation of this ordinance, unless you elect to change it uh this evening. Uh the first question would change the form of government from the current mayor council to the council manager form of government which would become effective 120 days after passage to allow for the hiring of a uh a manager and transition in the form of government. Uh the second question changes the name of the city's governing body from city council to city commission to to match your designations as commissioners. Uh the third uh question would clarify the authority of the city clerk in reviewing qualifying papers filed by candidates uh to that being ministerial. The fourth question would change the date for city elections from the first Tuesday in December to the second Tuesday in March. The fifth question, uh, an affirmative vote would establish term limits for all city commissioners and for the mayor of no more than two consecutive terms and

prohibit prohibit a term limited official from holding the same elected office uh, commissioner or mayor in the city again for a minimum of four years from the date they last served. Uh, question number six, an affirmative vote by the electorate would establish that all city employees are at will employees subject only to any applicable collective bargaining agreement or an employment contract approved by a majority vote of the city commission at a regularly scheduled meeting. The seventh question, uh, an affirmative vote by the electorate would establish that the city clerk and the city attorney shall be appointed by and serve at the pleasure of the city commission. And finally, the final question. Uh, an affirmative vote would establish that there shall be a public comment period before decision items on a meeting agenda um when they're considered by the commission. Okay. So need to take these one at a time and I don't know whether we want to we want to do um questions on each one or do we want to go right I don't know how you all want to handle this but we'll need to go through each let's just go through each question and if we've got a public comment then we'll we'll go right we'll run right through the through the amendment. So the question one um questions from Anybody? Yeah, that's pretty straightforward. Good. Okay. Uh, question. Is there any we good? Okay. Question two. I mean, so any any of the questions then? Are we we we good with all eight of them? Yeah, we Okay. Gone through that a lot. Again, it's just the change of date of the election, which I just want to state on that. I think we really missed the mark as a council extending this to as far as we did. I think it wasn't the will of the people. I think this was a political game and I think it's going to add a lot

of confusion to a lot of our residents as they come to the ballot box and I it this was a big miss that we extended it so far out uh to put it on this election but um I we need to get it done and should have been done years ago. Okay. So, I'm going to add to that and that is that I felt that we had such a low turnout with the last special um election and uh it would have just been a standalone November and the cost to just have it as a standalone was not um conducive for the city taxpayers. I feel and I I and I have expressed this at the agenda review with our chief administrator and also with our finance director is that I'd like to get a QR code put into the utility newsletter so that we can start educating uh I think from now until March if we can you know provide some education as to what the city what we're asking the voters to vote on and to show them what our current city charter has and show them the changes that that we're asking to be voted on. Um that's for me will by the time March comes with the elections we have from now until then to at least provide some education to our voters. Um, even it would allow us and we we actually did vote where we can have a workshop or a town hall. Um, because I remember Commissioner Nester, you had said that you had to pay to do a town hall. Well, we could have always done a town hall. I was able to do it, right? You all of us were always able to do it. You just um, so rules some changes that we can each have what twice a year. So, this is an opportunity for us to for each of us to if we want to have a town hall to

kind of help educate and provide some more information for our constituents. Okay. So, I think we have that time from now until until March. Okay. All right. Well, I'd like to make sure if we're going to do something like that, I want to make sure that whatever information is being provided comes to us first for approvals and review it just to make sure it's not swayed one way or the other. I want to make sure that it's the facts that are actually out there. Um, so again, I'm all about educating the residents. Uh, so I I'm for that. It's just I want to make sure that we approve the language that's being put out there and how it's being marketed first. Sure. We can do that with the assistance of our city attorney. Um, we could even ask him to come and and do a presentation. Well, I would hope that if we're going to do individual town halls that we all are saying the same message. Exactly. So, okay. Well, I think what we need to do then is if if people want explanations other than what's in in the our packet, then then you want to get that to to Radley. Otherwise, I mean, I I think they're pretty self-explanatory. I don't but I'm not writing a different a separate description of what this is. Um if if our attorney does want to provide some type of additional color to it, that that may help. Uh sure. But I I don't think having our own spins to it one way or the other is is beneficial. Okay. Okay. All right. Well, let's see if open up the public. Anybody from public wish to speak on these Hello. I am concerned about the literacy

of some of our uh people. Um, we know that Apopka and West to Northwest Orange County has uh not the highest level of literacy in the county and we need to make sure that it is written in a way that it could be understood and that we get it offered the instructions, the education that Commissioner Wellesquez talked about is offered in Spanish and that it is offered possibly in Haitian as we have a Haitian population here too. Creole. No, Creole is spoken and is not a language. Creole is the language. It is a language and it's the spoken language. And when my Haitian friends that teach it in in Haiti say that they teach French. Okay. So anyway, we'll we'll and so whoever's going to do the translating can decide how they're going to write it, but it needs to be offered in French for the Haitians and in um Spanish. I'm sorry if I misspoke. It said Haitian, but Creole is the spoken language. Um but um I think we need to consider making sure that we have it available and and possibly if you're going to have little groups someone to be able to translate. I'm sorry if I said Haitian but for the Haitians. So make sure that we but it on the ballot but the education needs to be available through the QR code in in different languages because you can't just teach it and share the education on it in English. Yeah. Anybody else from the public?

Okay. Not close public hearing for a motion to commissioners. One one thing I would caution you on it's important since there's been some discussion of it that because these are referendum issues uh the city would be prohibited from using public funds to essentially advocate for those issues and so the education and and what can be done is very very strictly limited because of the prohibition on use of public funds. Of course you do have first amendment uh rights as as individuals in your elective roles. So let me ask you this. We what what written to just verbatim like you've got in our exhibit. Could we put that in the newsletter or put on the in the on the website? On the website so that way is a problem if it uses public funds that that could be restricted but we can look into you know potentially what you would be able to do but it is very limited. Probably need to could you maybe take a look at see what we're it's first reading tonight so certainly uh can give you some more answers in second reading. Okay. and and discuss what options are available with you all, what you would like to see. Okay. Okay. All right. Sounds good. All right. All right. Looking for a motion to approve ordinance number 3130 at first reading and hold over for a second reading and adoption. So, got a motion by Commissioner Vasquez. Second by Commissioner Anderson. All those in favor? All opposed? Motion carries. Next up, ordinance number 3131. Ordinance number 3131. An ordinance of the city of Apakka, Florida. Amending the f future land use element of the Apakka comprehensive plan of the city of Apakka. Changing the future land use designation from county rural and county low density to city residential low density for properties located at 1920 Sheeler Avenue owned by Marvin Wayne Reed and Susan Thomas Reed comprising 40.16 acres more or less providing for severability conflicts and an effective date.

Good evening. This is Jun Planner with the community development department. The applicant has requested a future land use amendment for 1920 Sher Avenue. The total size of the property is about 40 acres and they are currently vacant and residential. The current future land use is county rural and county low density and requested future land use is residential low. As you can see on the map, north property has a residential low which is consistent and the south of the properties has a residential high which has a higher density. The future land use amendment of these properties were originally requested for residential low suburban and its first reading was presented at the city city council meeting on September 3rd. However, after the first reading, staff has found that residential low suburba is incomparable with a res residential two family zoning per LDC table 1.8.2. Therefore, the applicant has modified their request for a future land use amendment for residential load to be comparable with RTF zoning. DRC has recommended approval and planning commission has anonymously recommended approval of change its official land use. The recommended motion is to accept the first reading of ordinance number 3131 and hold it over for the second reading and adoption. Staff and applicant are available for any questions. All right. Any questions from June? Any anybody from the public wish to speak on this one? Not to close the public hearing. Look for a motion to approve ordinance number 3131 at first reading and hold over for a second reading and adoption. So moved. Got a motion by Commissioner Anderson. Second. Second by Commissioner Smith. All those in favor? I. All oppose. Motion carries unanimously. Next up, ordinance number 3135. Ordinance 3135,

an ordinance of the city of Apopka, 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 rural to city mixed use for certain real property located at 5118 Plymouth Sarrento Road comprising 41 acres more or less owned by David Sipion providing for severability conflicts and an effective date. Good evening for the record Bobby how planning manager this is the future land use amendment for the annexation that uh was approved on first reading. Uh this is the future land use from county rural to uh city mixed use uh which is required for properties that are within the one mile radius of the formbbased code area. And the development review committee recommends approval last night at the planning commission. The planning commission voted 5 to2 in favor of the future land use amendment. Recommend a motion is acceptance of first reading of ordinance number 3135 and hold over for second reading and adoption. Any question? I think we've already kind of beat this one. So I I don't remember I remember there was a 52. What was the um descending votes? What was the reasoning for that? They did not feel it was compliant with the village center requirements of the formbbased code. I know. Well, that's that was I mean we we were discussing that just for the annexation. Well, I mean, but that it all tied. I mean, you did one. You basically you're tied to the next two. So, I don't I mean, it's it's kind of pretty. Yeah. All right. We are going to follow up with Spanish, right? I'll follow up. Absolutely. Yep. And the and the sewer, right? Did they agree to the sewer? They they did. They agreed to Oh, they agreed to the sewer. Okay. So, it was just regarding connectivity. Yes, they agreed to add the sewer into the annexation agreement. Yes. Yeah.

Okay. Any other questions for Bobby? Okay. Anybody from the public wish to speak on this one? Not. We'll close the public hearing for a motion to approve ordinance number 3135 at first reading and hold over for a second reading and adoption. So move. Got a motion by Commissioner Anderson. Second. Second by Commissioner Smith. All those in favor? I. All oppose. Motion carries unanimously. Next up, ordinance number 3136. Ordinance 3136, an ordinance of the city of Apakka, Florida, changing the zoning from county A1 Citrus Rural District to city KPI MU Kelly Park interchange mixeduse village center district for certain real property located at 5118 Plymouth Sarrento Road comprising of 41 acres more or less owned by David Simply providing for severability conflicts and an effective date. For the record, Bobby How, planning manager. This is the reszoning of the 4.41 acres from county A1 to Kelly Park interchange mixed use with a village center character overlay. Uh the formbbased code requires the the submitt of a master plan. The master plan we went over during the annexation presentation. Nothing has changed. Uh the annexation agreement outlines the master plan the requirements and the annexation agreement will be modified to add sewer as a requirement as well. This is the pre-taking plan and the post-taking plan. As I mentioned, these will serve as the master plans as required per the Kelly Park formbbased code interchange requirements. Development review committee recommends approval. Planning commission voted 5 to2 uh for the same reasons as outlined in the form in the future land use presentation. Recommended motion is acceptance of first reading of ordinance number 3136 and hold over for a second reading and adoption. Any questions for Bobby? Anybody from public wish to speak on this one? Not close public hearing. for a motion to approve ordinance number 3136 at first reading and hold over for a second reading and adoption. So move got a motion by commissioner Anderson. Second by Commissioner Smith. All those in favor?

I all opposed. Mr. How and also in in the future on the planning commission you said they voted 5 to two but it doesn't state that in the meeting was last night and so uh my crystal ball wasn't working when I wrote the report. All right. Thank you. All right. Resolution 2025-08. Resolution 2025-08. A resolution of the city of Apopka, Florida, Florida, approving the acceptance of a parcel of real property consisting of wetlands to be conveyed by BPG Midfloor South Mid Florida South One LLC to the city of Aopka, authorizing the mayor to execute an acknowledgement and acceptance of the special warranty deed to effectuate the conveyance as contemplated herein, providing legislative findings, providing perceptability, conflict, and an effective date. Good evening. Jean Sanchez with the community development department. Resolution 20258 represents the completion of a multi-year partnership among the city CFX and Mid Florida South developer. The city's objective from the start was to expand the buffer to our wildlife park ensuring a stronger environmental transition between the industrial area and open space. So it provides um development both development flexibility and environmental stewardship. In 2022, the city entered into a property exchange agreement with CFX and the developer. The intent was twofold. Allow the developer to redesign the logistics park. If you can recall, it's Mid Florida South Logistics um with better storm water management and it enables enable the city to increase the buffer adjacent to our wildlife park. The mayor's support and council direction were key in aligning all three parties um on this vision and therefore

the developer fulfilled their commitment by designing and building the CFX replacement pond on the southwest corner of the site which CFX has in inspected and formally approved. The site plan shows how the exchange improved the overall layout. The relocated pond opened up internal site circulation and preserved the northern buffer along the wildlife park boundary. The additional 12 acre track will be under city ownership that protects the existing natural habitat. And so the city's role in accepting the wetlands parcel is the final step to close the the the loop on this coordinated effort. Therefore, the adoption of this resolution authorizes the mayor to execute the acknowledgement and acceptance finalizing the city's obligations under the 2022 agreement and permanently secures the wetlands buffer. Staff recommends approval of the resolution and staff is available for questions. Any questions for Jean? Anybody from the public wish to speak on this one? accepting and protecting wetlands is a is a great idea. Super good. I I would have loved to have seen a an a larger area map so that we could see where it is in Apopka and in relationship to the other properties. Um, seeing this microscopic insect is hard to envision it in the area. Um, the question begs as to what other relationships are around it and what other objects are around it. Um, this appears, is this

near where the drainage could go from clear water lakes? Um, I can't tell. I saw the beltway over there. Is it near that? So, it could be a marsh that could accept that. Do you see the beltway there? Is it near that uh 36 inch drain? I'm not sure where the drain is, but our buffer is right there. And this was the CFX property. Okay. Very good. Well, anytime we can protect wetlands and save it and preserve it, as long as we don't turn around then and fill it in and use it for something, as long as it we keep it as a preserved wetland. Anybody else wish to speak on this one? Yeah, this was a really a pretty neat deal when I we were first when they first came to us to about the developing the uh blue scope and I said, "Wow, we could if you could just move take the CFX pond and move it down would give us a better buffer on our 73 acre uh birding park. Wouldn't that be a great, you know, great plan?" And then so I said, "Well, if you don't ask, you'll never the answer is always no." So I went to CFX and said, "Hey guys," and went to to Blue Scope and said, "Hey, what do you think?" And both were very amanable to this swap, which, you know, I think is really a great buffer that will, you know, enhance our our park and uh and give everybody this, you know, what they needed, which is the drainage. Uh CFX gets the same amount of drainage and Blue Scope gets, you know, what they needed. uh makes it even a little easier for them to develop. So, I think it was a win for everybody. And so, we're we're excited that we were able to put this together and thanks to the team here at

the city that, you know, kind of managed the process because it was a Yeah. is it's kind of like the uh fire station six. It was another three-way swap. But I tell you, just shows you how good our partnership is with CFX and and some of the developers we have in the area that we're where we can make a make a deal that that benefits, you know, the public in general and and yet it it it gets the goals accomplished that they're trying to do. So, I think we'd be in remiss, mayor, if we didn't mention and give credit to Pam Richmond in those beginning in those preliminary discussions you both had with CFX. So, yeah. Yep. Yeah. we give give Pammy a a big shout out. So, yes. Yeah. So, anyway, with that, look for a motion to approve resolution 2025-08. Got a motion by Commissioner Velasquez, second by Commissioner Smith. All those in favor? All oppose? Motion carries unanimously. All right. City Council reports. Commissioner Anderson, why don't you start us out? Actually, I have nothing. No. Commissioner Velasquez. Okay. one moment as I fill out all my paperwork here. Okay, first I just want to kind of go back to that proclamation by Dr. O. I did I did send a an email to um our chief administrator rally asking him if it was I I never Yeah, I just checked my emails again and I missed that one. Commissioner, that was on me. Okay. because I I want to be able I mean the opportunity if we want to have something on the agenda is to at least ask you so that if if you need to go to the mayor. This was something that I had asked. Correct. And I apologize that that fell through on me. Okay.

Um okay. I did ask um I just wanted um that if if we want something on the agenda, I know that that's how the process, right? Um, also I know that I just want to kind of indicate that today for the presentation of the redistricting initially, I had sent an email asking, you know, uh, why our county commissioner for district 2 wasn't here. And in that email, I had did say to you that I did invite her to come and accompany um, Orange County District 6, Michael Scott. Um, okay. I know you went to Tallahassee. I read the newspaper. I read it. So, I just Do you have an Yeah, I'll give a quick update. Sure. And also, um, I keep following up Clear Lake Estate. What's What's going on with them and the HOA president? Bradley, were you going to do something under your Yeah. Vlad uh our public works director and city engineer Vlad is working on some additional information and again really what what I reported in the email to you last is kind of where we're at. Um Mayor Nelson did meet with the HOA president Mr. Mayor a couple weeks ago to go on site look at the location that was proposed for the pumping station. Uh there's still an uh the HOA is still looking for the city to pay for this project is my understanding. So we're in the same place that we were before. It's it's ready to go. It's but it has to be an HOA project. It's that St. John's Water Management will not let us take this on. The project cannot be a city project. So it it it's cut and dried that we went in with the premise starting out that we were going to take

it on because it would be a money maker for the city. But St. John said in in no uncertain terms can you as a as a city do this as a city project. If you do we could but now we'd have to treat it to our standards which is a lot higher standards a lot more expensive. So the HOA can put it in there. they can, you know, and the calculations we've got were, you know, they could save $20 a month uh with with debt service and with with um with uh uh depreciation on the on the capital cost and insurance was a big variable on that one. Well, they wouldn't even give me the they wouldn't give me the HOA um uh homeowners policy to even go get a quote on I can't you can't get an individual quote on a pump station that's owned by an HOA. If you put it as a part of their of their their package, it would be inexpensive, but they wouldn't give me that either. So, I was like, "Well, then go." So, they've not Yes, they've cooperated, but they haven't. I mean, all you call your insurance company, say, "Listen, I've got four or five insurance guys I'll call and say, "Hey, give me a quote for the whole HOA, including this pump station versus, you know, right now they still have all of their, you know, they've got their their clubhouse covered under an HOA policy. Their their uh the roadways, I assume, are covered by their policy because it's a private community. Uh their their their gates and all the all the infrastructure they have is covered under their HOA policy. So adding a small pump station, even though it's $400,000, is not going to be an expensive proposition, but I they have to do it. I can't I can't do it for them. So if they want to go out and get a quote, then bring that back to us, but they haven't done that. So I, you know, it we we have we've I think we've we've we've done what we could to help them. We've we've spent, you know, a lot of engineering time on our our staff and as well as outside consultants.

um we've got to this point that um that they you know it's it's it's ready to go. All they got to do is pull the trigger and and away they go. So we we have on hold what do we have $600,000 on hold and was that the original um agreement that we had? I think currently for this particular effort we have probably around 535 500 something like that. I think we spent about 60 some thousand on the design and engineering. But I think the the overall project the to build the project is 450. Well, we started with the temporary pump. No, forget about that. That all that's water under the dam. But but the the to to move forward to put in the pump station is I want to say was when it 460 Vlad 436 436 and then and then we got the 60,000 from Aven Point. So now we're down to less than less than $400,000 is their capital cost all in to put it in. Yeah. I believe their cost was going to be 336. Okay. And then we had I know that we had some numbers that that uh that Greg had put together for us as operating costs some like the which would be I don't know if he got the I can't remember what all he had. I think he had electricity electricity and operational cost for the company pump station that would last pumps would last 10 years had a 10-year cycle and so all that was factored in. Maybe there were a few, you know, bits and pieces that were missing, but but the bottom line is based on the water rates they're paying today and the cost with a we we factored in I want we'll say a 6% loan

for 10 year, five years. Anyway, it the thing cash flows in a positive way for the homeowners. And what it's doing is it's taking water out of the Clear Lake, you know, uh basin. It's a closed basin. And when one of the things um I know that uh Daniel put together was we did a had him do there was a 10-day period in September. I had him run me the the reclaimed water usage for just Clear Lake landings for the 10 days first 10 days of September and the amount of water when it was raining like crazy and they said, "Oh, we don't use water during those 10 days." I said, "Well, I'm just telling you you're you're wrong." And so I had Daniel pull the numbers. I and I can send them rather if you'll you'll get that to the commissioners. Yeah, that was Vlad was working on incorporating that into So the numbers show that they you know that they they are using still using water. So either they don't have their they don't have functioning uh rain sensors or whatever. But but and then the other thing I looked at is we had the month of of either August or September. So you know that we had 6 ines of rain and we had a 6 in rise in the lake. So the the rain equaled what the lake went up. Now obviously there's some evaporation, but there's also a whole lot of water that's getting put into the system from our reclaimed water going into that neighborhood. So they've got they've got the tools to to do it. All they got to do is say, "We're willing to go on and and and and borrow the money and put the system in." Uh we'll obviously give them some technical support if they need it along the way. I mean, that's that's, you know, we we're not we're not leaving out the dry, but it it's it it's for them. It's for the greater communities to figure it out. And and we've given

them a solution. And do we require irrigation for new developments? Yes. Yes. Okay. So that's through reclaim water. So we should be calculating that when we approve developments of how much water we would be pumping into a closed basin. Correct. That should be part of a calculation if we're requiring that. It's only well some of them provided but it's usually calculated as a 600 gallons per day for the impact fees. So So it's calculated but not at the same time. Correct. So to say compare compared to the waste water it seems like it's double right the number because it's 300 for the waste water it's 600 for the recline I think it's somewhat disingenuous a little distasteful to exclusively blame it on the residents to say that they're watering their lawns and that's why their houses are close to flooding. Uh so where are we at at this point? It's it's basically hey homeowners you're on your own. We did what we could and it's up to you to we're giving you a solution. That's the solution. It's a solution. And so, and my additional concern is that not only are we increasing water rates and HOA fees, I'm sure, are going up because of insurance costs and everything else. What happens if we get into like an Emerson Park scenario to where budgets go out of whack? People either stop pay, not that this happened at Emerson Park, but where we have to step in then because the HOA can't afford to uh take on those projects. So, yes, we can tell everyone just go get debt. Go get debt. Go get debt. But at the same time, will it fall back on us at some point? No, you can't say that. It it it can it just did at Emerson Park. No, we didn't. We We didn't It was their road. They they came to us, right? And they didn't budget properly, right? Okay. And then had to have us to help them to get out paying for it. So, I think that's the thing. Are we We're just at a basically the same scenario then. Correct. No. Okay.

They have a solution. They just they've But it's not Yeah, correct. So, we're at the same spot. Okay. Can I go on? Sure. Go ahead. Thank you. So, we have I appreciate the discussion because it's it's something that keeps coming up. I mean, um I'll tell you the truth, my concern is that um on social media, it seems like they control the narrative and we don't have a response to it. And so, that's why I keep saying, "What's the update? I mean, where do we stand with the HOA and the president? Um, you know, is there a compromise? Are they meeting us halfway? Are we meeting them halfway? Um, because it's just kind of stagnated. But in the process of being stagnated, there's almost $600,000 that we're holding that we can use within our city. I think it's very clear that you said that St. John Management and District say we cannot take on that. No, he did. They did not say that. They didn't say we couldn't take it on. We can take it on. We would just have to have it at a higher level of uh quality. We could take it on. So, we have to decide if we want to use other taxpayers money to right to to help a private gated community. I mean, that it's it it's theirs to fix. I mean, just like their roads, we if they have a pothole on their road or their or their drainage under the road fails, that's not our problem. It's theirs. And it's not the same as Emerson Park. Emerson Park was we actually they were willing to financially take on responsibility. We just assisted them with so that's not the same thing. Yes. Okay. So on Brownsville I'm going to move for I'm going to move on. Okay. Because you know they're not here Clear Lake. Um we're having two meetings on the same day for Brownsfield and one we're conducting the city is the city conducting or is that we're involved with one over the John H Bridges Center. Okay. And that's and I'm going to be sending you the invite to that shortly. Okay.

Did we ever have our advisory committee meet yet? That's tied in with the Central Florida Regional Planning uh Commission. So, that's based on their schedule. So, I'll have to get you information on when their next meeting is going to be for that advisory committee. Would it be um can we extend that invitation to our advisory committee so that they can Absolutely. Okay. Um, okay. Let me get to this one before I get to that one. And this is just a reminder that the strategic planning uh city council retreat is going to be held here on October 21st and that's open to the public. It is. I mean, it's what's happening with that? It's not because four hours, right? Yeah. Yeah. Four hours, correct? going to be held at the Apoaka Community Center and we still only have 882 responses that we're dealing with. Correct. So, uh Barry Dunn, our consultant, will be um leading that planning session. Um I actually did receive the um presentation slides and we'll share that with you in the morning. I received it this afternoon from Barry Dunn. It'll run through exactly what they're going to do during the meeting. Um, and we did advertise it as a public meeting so you all could participate. Okay. So, it's not it's not like us hosting it. It's you all going through the planning process as a council. Oh, okay. So, it's going to be four hours reviewing what reviewing the data collected um looking at goals or looking at uh mission vision statements, those type of things. So, it's it's actually a planning session. That's a plan section. And they did I should ask the commissioners. They did speak to each individual, right?

Yes. Okay. And last but not least, our popa newsletter. I just want to um kind of let everyone know that on November 15th from 9:00 in the morning till 12:00 noon is a free driveth through recycling event for residents. And that is actually a very convenient and very good to get rid of all the junk you have at home. Well, it's not everything. It's not everything, but it's paper cardboard. Shred. Yeah. And uh lithium ion batteries. And it has on-site recycling old electronics. Um that's it. And shredding the papers. You don't have to pay. You can go in and do that. All you have to do is be a resident of the city of Apka. Just Yeah. local. Okay. Yep. And good. Oh, okay. One question. Sure. Um, Saturday there was the heart and soul. Correct. I was unaware of it and I realized that you had presented an award to Shante. And so when I saw it on Facebook, I did see Commissioner uh Smith on stage, Commissioner uh Anderson on stage and yourself. And I had no idea that we were presenting anything to Shante. So that wasn't presented on the city. That was a private. It was private. It was private. Soul. That's a paid event. That's a paid event. Okay. And they presented it was from the art and soul. It wasn't from the city of Okay. Okay. Anything else, Commissioner? That's it. Okay. Mr. Smith. Um, and as Commissioner Velasquez said, we Uh Shante Jameson was presented the heart and soul community service award at the heart and soul event on Saturday night. Um to have been there for her also. Yes.

I didn't know about um night. Okay. I don't think anybody knew who the was. It wasn't like it's always a surprise. Yeah. Um it was and then want to uh remind you about it this is breast cancer awareness month as well as domestic violence month. Uh so breast cancer awareness is pink and domestic violence is purple. All right. Um and I want to thank the police department. uh they uh participated in the national night out on crime on last Tuesday and it was a blast and so we want to say thank you. Thank you. Thank you. All right, Commissioner Nea. Perfect. Yeah. No, just a consistent reminder, um, I'm actually going to be pausing my office hours tomorrow, uh, October 16th, and they will resume to, uh, normal hours on October 23rd from 11:00 a.m. to 1 p.m. Just a reminder that, uh, anybody can come and talk and 30-minut sessions to anything that will help promote the city of APK as a whole. And if you at all feel uncomfortable coming to the city hall, I'm happy to meet you anywhere and everywhere that you are comfortable. and uh just reach out um in any capacity and I'm happy to meet you. That's it. Cool. All right, Bradley. Uh yeah, Mayor, just uh an announcement and I know you all received invitations uh recently for the ribbon cutting of the new inclusive playground at the Northwest Recreation Center. Um we're excited to open this new playground. The driveway is completed, the exit roadway. Um it's going to be held on Friday, October 24th at 5:30. Um, we're excited to get this thing open. Uh, the the kids and parents have already found it. Uh, it's getting a lot of use already, but we're excited to go ahead and do the official ribbon cutting on that new amenity on Friday the 24th. That's it. All right. Andrew, anything?

Thank you, commissioners, mayor. I have I have nothing this evening. All right. Okay. Got a couple things. Uh, one is Tuesday um will be the delegation meeting in Orange County. Somehow that slipped through the cracks. We just found out about it yesterday. So it'll be from 9 until 4 and who knows it could even go longer than that. Anyway, so Tuesday at the Orange County U admin building. So that will be all of our uh Orange County delegation will be there. I'll be presenting sometime probably 10 or 10:30 something like that. Um and what is this again? This the Orange County delegation. That's your your state senators and state representatives um where they get local issues that they take back to Tallahassee with Tuesday. Tuesday. So Tuesday. What day this? Uh uh Tuesday, whatever Tuesday is. Do you have to register for that or you can show up uh if you want to speak? It's it's closed 21st. Yes. Okay. It's the 21st. Correct. Yeah. Yeah. And from 9 to 4. Yeah. Well, so in the morning the 9:00 is elected officials and at some point like 1:00 or something and they move or 112 whatever they move into um the public. So it's yeah so 9 and probably 9 to 11 11:30 then I guess they'll they'll come they'll break for lunch and then after lunch it will be the you know if you just general public can come and voice their concerns or advocate for something and it's going to be at the county administration book. Yes. Uhuh. Yeah. So I'll be there at nine o'clock. Bradley and I are going to go over for that. And uh so anyway, and and I just I can let you know. So part of my trip up to Tallahassee was make sure we got some

funding requests in. So I got I got my house sponsor and Senate sponsors to So we got three projects in the hopper. We've got one that will help us with um the fire uh excuse me, the lift station 17. We're going to look at trying to get some money to help us with that replacement uh lift station 17. The second one is the we're looking at the trail uh that will help us connect to the wildlife drive. There's the Bignyan Road trail. And then the uh the third one is going to go back and see if we can get money for up upgrading our our uh training center, the Gillum training center, so that we can start holding classes. Right now, it it it meets the the need for training, but it doesn't meet the need for getting certified. So, we've got a plan together that if we get this funding, we could then become a uh a school for probably the three schools that are closest would be like Okoi, um um we got a Popka and maybe even Win, you know, West Orange or something. But anyway, schools in the area where they could come uh as a part of their school curriculum and and get all the way until Chief, tell me if I'm saying something wrong. They can get all the way up until they're 18. There's certain things they can't do uh at at our center. They have to wait till they're turn 18. Has to do with blood, I think. State requirement. Yeah. Right. Straight requirement. Anything to do with blood, but anyway, they can get right up to the point if they're if they're 18 when they finish the class, they could complete their whole uh the whole uh process to get Yeah. So, it's a hopefully we can, you know, we got buy in from OCPS. They're they're they're more than willing to help us with with that as well. So those are the three projects. Um we talked

about a little bit I know uh working with uh with uh Aaron and Chief on you know the the um um second amendment stuff. So they're they're working on that for some legislation. And then Senate Bill 180, um we're we're trying to craft some legislation that will give us uh the tools that we need to be able to to do our jobs as city and county officials. And so we're working with the other cities and counties to come up with something that, you know, obviously retroactivity is a is a big problem. Uh like we had our our uh transportation um element that got kicked out. So, we're we're we're trying to work together to come up with some solutions that give us some autonomy again and uh so just working with other cities and coming up with some language. You know, you got to can't just be against something. You got to have a solution. So, we're working hard to try to So, just when I was up there just making sure everybody knew that, you know, we we had some concerns about Senate Bill 180 and that we were sure hoping for, you know, some some changes in that. Now, realize that that uh session doesn't start till January. uh bills don't start getting passed until at least end of February. So it's not I mean cons conceivably could be and typically most of them go into into effect July 1. So it it it could be a another half a year before we get any any resolution. We'll be carrying our request up there. Yeah. Well, I mean we've me if I need to go up there. I mean I will probably go up depending on where our our funding is maybe once or twice. Um, with that, I mean, good news is I the one of the reason I mean, I built around it, but one of my very dear friends from the uh my legislative days is this incoming Senate President. So, it's pretty cool to see, you know, a guy that was on your committee back in the day. So, I'm I'm

excited for uh uh Senator Jim Boyd and and you know, look for some great things out of out of his office and so uh we'll definitely hope I have a ear to him. So, does Greg Robinson help out with this efforts? No, they're the only thing they do is our our federal. Okay. They exclusively on that level. Federal. Yeah. Yeah. Okay. So, that's that. Um, uh, Radley talked about the inclusive playground ribbon cutting October 24th, 5:30. Uh, Halloween in the park, a big, always a big event will be Saturday, October 25th. Uh, that's 10:00 a.m. Uh, I think we've Sandy, we've already we closed out all of the sponsors or can you still sponsor a So, everything's closed out. So, yeah. So, anyway, it's always a great event. So, come down. That'll be Saturday the 25th, 10:00 a.m. Uh, Kitland Nelson Park. Uh, and then, uh, let's see. No, okay. The eco bike ride is on November the 1st. that'll be out at our birding park there on Lust Road. So, we got the Apaka Youth Council will be out there kind of getting us all ready to go. Starts at 7:30 in the morning. Uh come out and be a part of that. I think in in conjunct it just happened to work out this way that um that the Ottabbon Society be doing a a a native planting out there at this that same day. So hopefully our our youth council will be able to hang around and help them plant some some native plants at the the birding site. So and then last obviously we'll have another council meeting before that you know November 8th the fill the boot event here at on 5th. And so yeah we're we're excited when I called um Matt Morgan he was he was just tickled to be the MC of that event. So, we're we're excited for him and and uh so anyway, we we we want to have big turnout. I guess

Oh, I forgot one last thing is I just got Blanch sent me over the Moody ratings on the uh city of Apakka, our wastewater uh bond that we we took out several years ago. And just want to let you know that the city of Aka is in in good uh good company. our our rating, our Moody's rating is a big A, little A2, which is is is a very positive um uh bond rating. And so it makes it uh if you ever need when when we need to go back and borrow money for our uh public safety building. We've got a a strong record with this this uh this bond rating. So I think that's great news for the city of Papka and the financial stewardship that we we maintain here at the city. So, and mayor, one last thing. Uh, next week is Florida city government week. Yes. Oh, okay. All right. City government week next week. All right. with that.