City Commission Regular Meeting - Special Meeting

Are we ready now?

City Attorney, are we ready? I'm sorry, yes.

Okay. I'm going to say good evening again. Today is Wednesday, July 29th, 2026. It's 5.01. Yep, still. We're in the City Chambers and I call the City Commission special meeting to order. Commissioners present are Commissioner Duvall, Commissioner Stokes, Mayor Emmerich, Vice Mayor Langdon, and Commissioner Petro. There is a quorum present for this meeting. Also present are City Manager Fletcher, City Attorney Fuino, City Clerk Foss. We got Police Chief Garrison and Fire Chief Titus in the back. requesting that all commissioners, public participants, and staff maintain order and decorum throughout this meeting. City Commission Policy 2021-03 states that attendees shall refrain from engaging in personal attacks and boisterous, immaterial, inflammatory, obscene, profane, or disorderly conduct. Additionally, meeting attendees must refrain from obscene, profane, or disorderly conduct, including hand clapping, yelling, and similar demonstrations, all of which disturbs the peace and good order of the meeting. Thank you. I'm going to call on Commissioner Petro. Would you lead us in the pledge this evening, sir? indivisible, with liberty and justice for all. Thank you, sir. I'm gonna need a motion to approve the agenda. So moved.

Second.

I have a motion made by Commissioner Stokes, seconded by Vice Mayor, to approve the agenda. Please vote. That passes five to zero. Public comment? City Clerk?

Robin Samosante. Good evening, Commissioners. As you are well aware, the citizenry do not want any type of data center, especially a hyperscale one within our city. We are tired and angry to continuously hear about the lack of commercial and industrial enterprises. You have already rezoned our city in such a way that you are removing our quality of life and rights of quiet enjoyment. We understand the need for change, but not at our expense. We will rise up and do everything we can to ensure this does not happen. We will organize together and use our voices in every available way in order to have our voices heard and achieve our ultimate goals, which puts the citizenry and environment first. There are no talking points, op-eds, city organized town halls, or media saturation that will change our minds. As commissioners who are supposed to represent the citizens, we expect you to do what is in our best interest and data centers are not. Carmine Miranda, Commissioner Petro has posted about the data center NDA and the fact that he feels he can talk about it because he didn't sign it. I agree that residents have every right to understand how decisions are made and that Florida's public records law require disclosure of non-exempt information. However, I think an important point is overlooked. The question is whether discussing important information connected to an active economic development perspective Prospect, where the statutory process runs its course, serves the public interest. Florida Statute 288.075 protects more than trade secrets. It protects a company's plans, intentions, and interests in locating or expanding in Florida because the legislature recognized that premature disclosure can jeopardize projects and place communities at a competitive disadvantage. A company evaluating Northport Bay Data Center may have legitimate expectation that its interest in the city remains confidential during the recruitment phase. Temporary confidentiality does not eliminate the public's right to know. It delays disclosure until the process reaches a stage where the information can be released without harming the company's interest or the community's ability to compete for economic opportunities. Residents deserve transparency. They also deserve a city that can successfully compete for jobs and investment. Those goals are not mutually... exclusive, but they do require careful judgment about timing. If staff and consultants are following Florida law and honoring a valid confidentiality request, they may have limited ability to disclose information until the statutory confidentiality period expires or the company authorizes release. The issue is not whether information should become public. The issue is whether it should become public before the legal process and economic development process have been completed and the broader responsibility elected officials have when dealing with active prospects. And that's all, ma'am.

Right. Thank you. Moving on to general business. Item A26-0968. City Manager, this is your item.

Thank you, Mr. Mayor. This item is discussion and possible action regarding the 2026 certification of taxable value, proposed millage and scheduled dates for public hearings. We do have a short presentation to go through with you today. And starting on the first slide, we're talking about the maximum millage rate. So we are recommending to the board a rate of 3.7667. And that has been the same rate since 2021, producing revenue and ad valorem of $41,697,000. When you look at the history of our millage rate, eight, seven year in a row, keeping our millage rate at the same level, which It's part of what we talked about a little bit during our conversation earlier today, meaning that we fully acknowledge that the millage rate is not the only tax or fee that the city is in control of, but it is the largest one in our revenue stream and one that people most associate with. So keeping this millage rate the same for this loan is an accomplishment while other rates have increased, none have increased, none of the millage rate has increased in that same time period. We look at our taxable valuations going from the last 10, 11 years where we have been on an upward swing, and we continue that way. The growth of our city has been acknowledged locally, nationally. We have been very much praised for the growth in our taxable valuations of our city. We know that it cannot last at the same rate forever, but we do believe that people are going to want to continue to come and move here, and that is based on the quality of life, the successes that we have, and what we provide people who either moved here three years ago or 30 years ago. They have seen the growth and appreciate where we are. The alternative options, as I mentioned, some of what the tax reform is proposing is that you are allowed to use your rollback rate. And our rollback rate is 3.8284, which is higher than our current rate. So that would bring in $42,380,000 in revenue or an extra $683,000. That requires a majority of the vote, three of the five of you to do that. And as I mentioned earlier, that could be the starting point of where you start to look at how to offset some of the costs that are going to happen. It does need to be a multi-layered approach to the situation and not just looking all expenses all the time. They've also put 110% of the rollback rate as a possibility as you move forward annually. This rollback rate at 110% would be 4.212 or $46.6 million or an extra $4.9 million. And that would require a two-thirds vote, four or five of the board in order to pass that. Now, that 10% increase does look aggressive, and most likely it is, but I think they put that in there to let you know that you would have rates, I mean, you would have options in order to meet the need. Right here, we are looking at an analysis of the rollback rate, and as you can see, public safety is still above that line. And what we look at when we look at the revenue from the current millage and the rollback rate and where they intersect, you can see that the public safety PD fire EN line is above that, meaning that we would still have some revenue to go in order to make sure that we make up for that part of our general fund. Here you can see a better breakdown of the general fund by department or division, police and fire making up roughly 50, the eight, 9% of the actual general fund, which is the bulk of it. But we know that that can't be the target area of what we're trying to accomplish as we deal with whatever tax reform or whatever budget we're trying to solve for, even if it doesn't happen. So we're always trying to make sure, and as the team did today, a lot of departments chipped in and everyone performed the exercise of how to make sure that we could take care and tackle this problem together as a city and not isolate any one department or division. The general fund overview, the existing service level, $98.2 million. Budget proposals were $2.3 million. Reductions were $2 million. And our CIP was an additional $446,000, totaling an amount of $98,953 million. When you look at the general fund proposals of $2.3 million, you can see that $810 million of that was through the fire department. Then you do have development services at $1 million, and then a few other funds for information technology, city managers, and a small one for parks and recreation. What this shows you right here are the reductions of $2.072 million. And here is where and how we got to allow 5% of the borrowing exercise. The problem with this exercise, which will be amplified in next year's exercise of 10%, even though we may not take that 10%, we have to perform that exercise by law. And you have to publish it once you do it. You can't just do it and keep it to yourself. We are going to see next year how 10% of a budget reduction impacts our city services and the quality of those services that we provide. It is something, like I said earlier, we want to talk about and figure out exactly what the board wants us to do as far as priorities and our pillars and how we move forward. But we welcome those conversations. And by the time you get back in recess, from recess in August and September. We should have more information to share with you just on the pathway forward. As Commissioner Petro mentioned earlier, not waiting till the final minute and making sure that we get out in front of things is something that we talked about and wanted to do earlier as well. So next steps are June 30th, of course, is certification of taxable value due to the term. So the county appraiser is tomorrow, August 17th, The estimated mailing date of the trim notices will happen. September 10th will be your first public budget hearing meeting, and the tentative budget and the Appalorum millage rates will be announced. And September 24th will be your second public budget hearing to adopt the budget and the Appalorum rates. And that is all we have for the presentation, Mr. Mayor, but we're happy to answer any questions you or the Board may have.

All right. Get in the queue if you have anything. Do we have any public comment? And I'll entertain a motion.

I guess I'll make it. Move to direct city manager to submit the 2026 certificate of taxable value with the proposed millage rate of 3.7667. Second.

I have a motion on the floor made by Commissioner Stokes to the City Manager to submit the 2026 Certificate of Taxable Value with the proposed millage rate of 3.7667 made by Commissioner Stokes, seconded by Vice Mayor. If there's nothing to that, please vote. That passes five to zero. I need another motion for the dates.

I'll make it.

Go ahead.

I move to approve the dates of September 10th, 2026 at 5.01 p.m. and September 24th, 2026 at 5.01 p.m. for the budget hearings.

I have a motion on the floor made by Vice Mayor to approve the dates of September 10th, 2026 at 5.01 PM and September 24th, 2026 at 5.01 PM for the budget hearings made by Vice Mayor and seconded by Commissioner Petro. Nothing to that. Please vote. That passes five to zero. Moving on to item B, 26-1014. City Clerk, this is your item.

At the July 21st meeting, Commission took action and directed the city manager to schedule a special meeting for the data center moratorium in the month of August. In querying the commissioners, I could not find a date that all commissioners could be present in the month of August, so I have provided dates that the majority of the commission can be present for y'all to determine what date would work best for you or if we should push it until the September meetings.

Okay. And just a reminder, we are just discussing the dates for the meeting in this conversation. We are not discussing any of the other parameters just to set up this meeting. So, Commissioner Stokes.

Question for City Attorney. Is there any impact on or the strength of any legal arguments whether we schedule this like as early in August as we can versus the first week of September? Is there, I mean, does that period of time have any impact on how the court may look at this?

I don't think it's going to have much of a difference either way.

Commissioner Stokes? Yep. All right. Vice Mayor?

Just in looking at my calendar, if we wanted to try to adhere to the letter of the law, Monday is August 31st, and we are all back in town. So we could schedule it then and still be in August. Otherwise, my only concern would be for city attorney. We've never done that. Anything like this? We do have some good examples. Would August 31st give you enough time to do a good job on an ordinance?

If that's what the Commission wants, I'll get it done by August 31st.

But then again, we're looking at September 8th as the alternative. What's the difference in a week?

I don't think there would be much either way. Okay.

Is that it?

That's it.

Anybody else? Do we have any public comment?

Art B. It is extremely important that any meeting be scheduled as far in advance as possible so that public comment can be the most informed. At this time, none of the FOIA requests dealing with the data centers have been responded to by the City. Robin San Vicente. Good evening, Commissioners. We, the citizenry of Northport, would like the first reading of the data center moratorium item read at a 6 p.m. meeting in order to allow for full participation of the citizens. This is too much of an important topic to have it held at 10 a.m. when the majority of our citizens are at work. Please consider the citizens first in your decision. Carmine Miranda. Commissioner Petro has posted about, this is the exact same public comment that we received for the last one. Do you want me to read it into the record again?

I would. It is word for word the exact same one. Just for legality purposes, I would if it's been submitted for both items.

Commissioner Petro has posted about the data center NDA and the fact that he feels he can talk about it because he didn't sign it. I agree that residents have every right to understand how decisions are made and that Florida's public records law requires disclosure of non-exempt information. However, I think an important point is overlooked. The question is whether discussing information connected to an active economic development prospect before the statutory process runs its course serves the public interest. Florida Statute 288.075 protects more than trade secrets. It protects a company's plans, intentions, and interests in locating or expanding in Florida because the legislature recognized that premature disclosure can jeopardize projects and place communities at a competitive disadvantage. A company evaluating Northport for a data center may have a legitimate expectation that its interest in the city remains confidential during the recruitment phase. Temporary confidentiality does not eliminate The public's right to know. It delays disclosure until the process reaches a stage where the information can be released without harming the company's interest or the community's ability to compete for economic opportunities. Residents deserve transparency. They also deserve a city that can successfully compete for jobs and investment. Those goals are not mutually exclusive, but they do require careful judgment about timing. If staff and consultants are following Florida law and honoring a valid confidentiality request, they may have limited ability to disclose information until the statutory confidentiality period expires where the company authorizes release. The issue is not whether information should become public. The issue is whether it should become public before the legal process and economic development process have been completed and the broader responsibility elected officials have when dealing with active prospects. And that is all, Mayor.

All right. I'm going to request a motion.

Mayor, if I might, I checked. September 8th is a schedule for 10 a.m. meeting, which is a problem. I think I don't have any problem with a public commenter who said this should be an evening meeting. So, you know, I don't know how we handle that. If we I hate to push it out further into September, but unless we can switch the time of that meeting from 10 till 6.

We flipped it before.

Well, when, City Clerk, do you know when the next meeting would be, the 6 o'clock meeting?

September 22nd.

That's quite a ways down the road. I'll carry it back to you, City Attorney. Would delaying it that long or would that have any adverse effects to what we're trying to do legally? I know we'd like to do it as soon as possible, but... What date?

What was the date? I'm sorry.

22nd, I believe.

I couldn't tell you one way or another. I think another week wouldn't matter, but if you can go that far out, you may start running into some problems.

Mayor. We could also maybe suggest, since we have the day meeting, just schedule a special meeting if the city manager's okay for 6 p.m. just for that one item.

And we could do that. We will meet.

Right. Got a conflict down there, city manager? We couldn't be here during the day on the 22nd because we have a court validation hearing that's going to creep into that very quickly. On the 22nd. We're talking about the 8th. We're talking about the 8th. We're talking about the 8th point of the evening, but you're talking about the 22nd being in the day, because you do the opposite, correct?

No, we're talking about not waiting until the end of September, having it on the 8th, having a special meeting at 6 o'clock. P.M. P.M.

So what time would you have the day meeting on then?

A schedule for 10, as it sits right now, right on the executive now, 10 o'clock is on the 8th.

They're saying to keep keep the 10 a.m meeting on September 8th. Regular meeting at a special meeting at 6. P. M. for just the 1 item. 1st reading of the ordinance.

And keep the 22nd where it is. Yes. Yes.

Because we're doing the best according to, I mean, we've changed this before city clerk to where we've done our best to do it on a day and a night meeting, but we have. Done meetings to where it's been both daytime and both nighttime. So why would this differ in that category? We could still do. the six o'clock at night and then the six o'clock on the 22nd and still get it done. I'm just saying I don't mind them both being in the evening.

Right, you're breaking the practice. I was one of them.

Yes, but we've broken it in the past before. That's what I was trying to get at for citizen consumption. We just do them both at night, so that's even better for the citizenry.

Is that the ones who want to come during the day, which is why you have the practice? I understand that, sir. I just work here.

I don't know.

For now. For now?

We could simply flip the times and do the meeting on the 8th at 6 and do the meeting on the 20, whatever it is, at 10 and just flip the times. Now you're back to where I was.

You can't be there. We won't be here for that.

We can't do that on the 22nd. So we won't have the official quorum for city manager and attorney, you know. Yeah, and that would be fine.

Or, or we could simply schedule a 2nd reading during a special meeting as well. Do both in a special meeting and not have to spread it out for a month. I mean, the whole idea here is while there may, I asked the question of city attorney, because I wanted to make sure that there wouldn't be any legal prejudice in terms of the court on this. But there's also. the fact that we want this before us. We don't want this can kick down the road for a month, two months, three months. People are concerned about this issue. Absolutely. And the sooner we address it, the sooner, in my personal opinion, we put a moratorium in place, the happier I'll be. So if we could do it tomorrow, I'd be happy to do it tomorrow. So if the earliest is the 8th of September, so be it. Let's do it a special meeting and let's just get it done.

Mayor, if I may.

I'll call on you. Are you done, City Attorney? He was an accused, that's why I wanted to give him preference.

I'm sorry, if you want to go that route, I think the Vice Mayor said August 31st. You can do a special meeting August 31st. You can do a second meeting on August 8th. Is that enough time in between the meetings? Yes, as long as the second meeting is more than 10 days before publication, it'll be fine.

It'd only be nine days. If you do it the 31st and then you do the 8th, that's...

However you want to do it, I was going to suggest that.

No, that's fine. Go ahead, Commissioner Petro.

Yeah, I was going to say the same thing as the City Attorney said. But basically, our motion was that we do it in the month of August. So my plea is let's stick to that motion and not wait till September, all the way till September. Maybe we can do it earlier and if one of us is missing and the quorum is there and we unanimously vote on the motion, so I foresee no major changes on that end as far as the actual ordinance to be passed.

I see you trying to get in there, but with that said, you know, everybody makes plans and stuff like that. So if I don't think it's fair that we have a meeting without a full board, I don't think it's fair. I mean, we have to make concessions to where we can meet when everybody can meet. I mean, what if you had stuff that you were going on and we just met without you, it wouldn't be fair to you. So we, that's why we need to discuss having this meeting. and for everybody, so Vice Mayor, go ahead.

Yeah, I just think that this topic is too important to not have a full board.

I agree. 30 person would work as the city attorney.

Have it at night? Yeah. Which day? 31st.

And that would be a night meeting, correct?

City Manager, you're in the queue, sir. Go ahead. Just for your consideration, when we thought the date was going to be on September 8th, and I don't think we can really change it too much around anyway, just based on flexibility, we are preparing the first workshop for outreach for this topic on September the 3rd, which was going to be in advance of your first meeting of the 8th. That meeting is one that will be in front of you as a workshop in here with a lot of new comment and public comment with an FPL representative to talk about the power side, electric side of the conversation. Peach River representative will be here to talk about the water side of the conversation. We've identified a data center that's within range, roughly outside of Orlando, that we will recommend that If you want to go see one, go visit it before that time so you can actually see it yourself. Staff will do the same thing, and then that way, that'll be the first time that you'll actually have some more independent observations and data in order to help you as you begin the topic of conversation. I don't think if you choose to make it your first time, the 31st is going to impact that in a very negative way, but just making sure that you're aware of it as you make your decision on your date. Thank you Mr. Mayor.

Yeah, but it may impact it too with the broad strokes of thinking about different avenues and what, what's being projected too. So I'd rather have more information prior to this meeting than less. Which, do I? Yeah, no, I appreciate that. Um, I'll entertain a motion but I'd be leaning towards the 8th. I'll make it. Go ahead.

I make a motion that we schedule the first reading on the 31st at 6 o'clock via special meeting.

Second.

I have a motion on the floor made by Commissioner Stokes to have the first meeting on August 31st at 6 p.m., seconded by Commissioner Petro. If there's nothing to that, please vote. And that passes three to two with myself and Vice Mayor dissenting. Vice Mayor, do you have anything to do with that?

Yeah, I'd just say if we don't take advantage of more information, then my concern is we are running on emotion and not on facts. So I'm way more inclined to go back to the eighth and have an opportunity to have our workshop and I would very much like to visit a hyperscale data center and see it for myself. I've not had that opportunity. And I think it would be good for all of us to have that opportunity to learn. Really important that we make our decisions based on facts.

Chair, would it be appropriate to comment on that? Because between first and second reading, we have plenty of time to do that.

Well, I guess you just commented on that. Yes, I did. Okay, yeah and now I'm going to give my reasonings why and then you can comment on that too if you choose. Now, I was on the same boat of this. I wanted more information prior to that and one thing I was going to ask City Manager though is maybe to where prior to the August 31st if you could get some, not, not a scheduled workshop or anything like that, but I would be available to have like one-on-one uh time with either some of these vendors or just a brief synopsis with y'all and staff on a one-on-one prior to the 31st about any new stuff that's coming up you know different types of um technology that they're using and also with the on-site visit was that going to be planned throughout August if we could possibly go to the on-site plan?

Yeah, the onsite is going to be for you to schedule. So you could all go most likely independently. You all be there on your own leisure. The. The independent information that will come from directly at peace river. We will not have before they come to our site, but we're happy to talk to you about what we know as you requested, you know, in the month of August to help you in any way we can. but I think their in-person ability to present and answer questions from you and the community is going to be extremely helpful in your decision making.

Yeah, I understand Commissioner Stokes saying, you know, in between first and second reading, this, that, and the other, but, you know, I'd like to have information prior to the first reading. Yeah. Just for, that's my own personal. Yes, sir. Point, but. Anybody else got anything to say?

Well, yeah, I might as well.

City Attorney.

And just so I'm clear, are we going to have the second reading on September 8th?

It's not, that's not 10 days though.

Well, it has to be 10 days.

We can do another special meeting.

after the 10 days is up what the what the statute requires is that the second reading be heard 10 days after publication in the newspaper so if we publish it we can publish it before first reading to have time as long as the title doesn't change which it shouldn't correct and if it changes and then we just move to third reading anyway so if you want to do what else if you want to do the second reading on september 8th we can we just want to make So you have to make that decision so we can schedule a quarter.

And that would be throughout the daytime meeting, correct? Or we're going to do special ending because we're going to do the 31st at 6 and then we'll do the daytime on the 8th. Yes. Okay. I want to, I will look for a motion for that. For the 8th. For the 8th. For the second reading.

Make a motion that the second reading for on the, uh, be held on the 8th as part of the regular ordinance procedure.

Yeah. Yeah. Okay. Got a motion on the floor made by Commissioner Stokes to confirm the date of the 8th for the second reading of the ordinance. Um, do I have a second?

Second.

Seconded by Commissioner Petro. If there's nothing to that, please vote. That passes five to zero. Anything else? City attorney, city manager, city clerk? Everything good on this subject? Got any final public comment? All right, it's 534. I adjourn this meeting.

Fats, oils, grease, things that don't belong in the system.

We see a lot of doggy bags end up in the station.

What seems harmless at home can wreak havoc here.