##VIDEO ID:56h_zNZw5ok## e e e Our Father our God is once again that you allow us assemble in this place we thank you Lord for this opportunity to be Servants of this city we ask father all that we shall say and do with pleasing acceptable in your sight bless all those of God that's in this chamber bless oh Lord all our efforts that we do to be good stewards for the things you have plant our hands to do this we pray in our son Jesus name amen amen pledge to flag of the United States of America and to the Republic for which it stands na under God indivisible with liy and justice for all fact of the day this day in history on August 22nd 1776 the British arrived at Long Island General William hold large army came to Long Island hoping to capture New York City and gain control of the Hudson River a victory that would divide the rebellious colonies in half 5 days later on August the 27th the Red Coach marched against the Patriot position at Brooklyn Heights overcoming the American Americans at K's pass and then outflanking the entire continental army the British captured New York City on September 15th and it will remain in brid hands until the end of the war fact of the day all right just need to read this quum statement for everyone welcome to the public meeting of the city council of the city of apopa please off turn off or silence all cell phones the city council permits and encourages input and comments by members of the public on all matters which may come before the council for Action if you wish to address the council this afternoon 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 record organization of any and direct your comments to the city council and not to individual Commissioners staff or members of the public the council 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 der derogatory remarks shouting disruptions Reflections as to Integrity slander abusive comments profanity vulgarities and statements as to personalities any violation these Provisions may result in the issuance of verbal warnings including warning for trespass if violations persist after such warnings violators may be removed from the council chambers okay got approval of minutes look for motion to approve minutes is read got a motion by commissioner Velasquez second second by commissioner Anderson all those in favor I all opposed motion carries an General review no changes no changes all right presentation Cliff I guess this is your and we also have in the in the house with us we appreciate Misty Taylor where is Misty ah yes Misty Taylor's here as a backup to Cliff sheeper this is kind of her expertise so that's why she should be the front up not the backup but at any rate okay so uh I've been asked to uh present to council a a proposal for you all to consider and let us know whether you wish to proceed forward uh this is kind of the first step of of alerting you to the process if you're not aware of it uh Emerson Park which is a relatively large subdivision within the city uh has had private roads since obession uh its creation and uh those roads are not in the best of shape um because they're private roads issues of Assessments collecting of Assessments and getting them in the shape that they should be uh has been problematic and these roads so I I'm told are also now used to access other areas not just Emerson par Park for that reason they have asked the city to consider taking over these roads ownership and maintenance of them going into the future in order to do that we were asked to determine what mechanism could be used in order to get the roads up to City standards so that if we were to take them over how we could do that and get them in good shape in advance without costing the city money um the way to do that after Consulting with us Taylor and others is to through go through a special assessment so on the screen in front of you is a memorandum a brief memorandum outlining the steps for a special assessment basically you identify the benefit in this case the roads most of which will be the public roads which we will be responsible for but also within this subdivision there are some Alleyways so the special assessment that we're talking about will include both things uh but we will only be responsible if I understand correctly the proposal for the the public roads not the Alleyways but they will all have to be fixed at the same time as a part of a Construction contract what is the the procedure would be uh first to identify the benefit in terms of how it should be allocated amongst the homeowners what do I mean by that uh in the benefit situation you have to determine okay this specific benefit that's going to this specific uh area how much accr to an individual homeowner and so do you charge more if a home is bigger do you charge more if a home has more Road Frontage than than some other homes that's all part of the calculus to come up with a method for figuring out what the assessment would be per home could it be the same assessment for each lot it could be but but we don't determine that meaning the lawyers don't that's put to experts who help come up with analysis that they can defend in court as this is a fair way to a portion amongst the homeowners their proportionate share of of the cost of the assessment uh the city went then through what's been suggested although the this mechanism may change would get a temporary construction easement which would automatically with no further action once the work is completed and accepted by the city be turned into a deed of RightWay for the roads so that we would then own them and go take them forward that's an important part of the transaction which Miss Taylor can explain because if we don't own it we can't assess on it and we can't fix it and so that's kind of the way that goes uh in terms of the method of financing whether it'll be a bank loan or something else I'm G to let M Taylor address that but for anybody who's concerned here from the subdivision there are hearings notices opportunities to be heard on this issue whether you're for or against it and then later the the the council will decide yes or no to go forward and that will include everything I've mentioned it will include oing the idea of taking over the roads okaying the assessment and the mechanism for collection through the property tax roles um and the payment term whether it'll be over a 20-year period a 20 25 year period a 15E period all of that will be part of what you all will decide based on for example the proposal for financing that you get the interest rates that are available uh obviously all these costs get passed on the to the homeowners but you're looking for the best overall deal and get what you need as I understand it but I'm no expert on this the cost is rly three million is what we're talking about to do all of the work that's required um once that's done if you've ever paid a tax assessment and we all have you know you get the bill and this would be just another line them for those particular homeowners of the special assessment some amount per assessment again not yet known but will be known when we if we go down further down this process um I'm trying to think if there's anything else obviously we assume because we were asked to do this this has generally what the good support from the community could be wrong but I think that's accurate um I spoke today to the hoa's attorney and she seems to think that's accurate and so unless you have any more questions for me I can let Miss Taylor come and explain the bank loan or other possible Finance Pro come on up possib hi for the record Miss D Taylor with Bryant Miller Olive we bond counsil to the city um I think uh Mr Shephard did a very good job of explaining how it works um basically the special assessment would become a special Revenue stream for the city that you can um sort of monetize or or use as a credit stream for a loan to finance these roadway improvements um as Mr sheph Shepard mentioned um in order for us to do all of that on a tax exempt basis which means a lower interest rate versus a taxable basis the city needs to own or have some type of ownership interest in the roads and so in order to not have the chicken and egg situation we we came up with the construction eement s such that when the roadway is completed improvements have been accepted the city would then own the roads so the assessment would be just for these initial improvements my understanding is these roads would then become part of the city's portfolio of of roadways and and you would maintain them going forward so it's a one-time assessment to the homeowners to get them from where they are to where they need to be and then going for forward they would contribute like any other City resident for City roads that's kind of the summary of of what we've discussed so far but um happy to answer any questions any questions I've got I've got one that so Ju Just for the I guess more for the homeowners than for us is if we'll say that they put 25% down and financ 75% of that and it's it's on a taxfree basis what kind of rate would you think on 20 years that would I know I I hate putting you on the spot but well I can't say um you all have a financial advisor Mr tendle with um yeah um Hilltop Securities um he works with you all on your your debt and whatnot so Joel probably has a better understanding too and it probably depends on the term of the loan whether it's the 15E loan or 20y year loan come on down um with a project of the size it's it's more ripe for a bank loan okay um which is where we we seek proposals from Banks to provide the loan at a certain interest rate and certain provisions and I think um you know it depends on the bank's appetite for how long you can go out with those assessments Joel of course Joel doesn't have a crystal ball either but I'm sure he has a better idea good evening Joel Tindle with htop Securities we serve to the m we serve as a financial the city um again like Misty mentioned it it depends on the term generally the bank financing you're looking at maybe a 15-year term maybe a little bit longer at the most if you're if you're trying to finance a long for over a longer period it probably lends itself more towards a bond issue but in that kind of 15 to let's call it 20 at the most but that would be kind of stretching it on the bank side could be plus or minus 5% but we really haven't gotten into the um the credit uh specifically here so that means it could be higher or lower depending on the specifics of the subdivision now one of the things we would we discuss was the that the city somebody need to explain that to the to the crowd here that the where the city is backing the loan but would does it affect our bonding capacity can you talk about that was that that would be you Misty I guess yes so if the city was to issue debt in the form of a node or Bond whatever we call it it's it's really the same thing that you have to have a security for the repayment of that so in this instance for example it would just be the special assessment so you would consider that self-sufficient debt you know that Revenue stream should be matched to The Debt Service and it should just be coming in and going out to pay the to pay your lender um and what we probably don't know at this point is is this a well enough credit to lend itself to a bank loan sometimes you may have to have a backup from the city like a covenant to budget and appropriate it would be a backup but the the idea would be to not have to provide that and just have the SE the special assessment be the only thing securing and it would not there would not ever be an obligation on the city to Levy abor taxes or anything of that nature and those are all disclaimers that we put in the documents that the holder can't compel you to do that because it's not a general obligation it's a revenue Bond I'm not I'm not I'm not getting that um I'm sorry I'm not understanding that I mean okay we're going to be holding the debt for um Emerson Park and we're talking about $3 million is that is that what we've committed to or that you've committ hav committed anything yet no I you know I don't know you hadn't a meeting with the mayor I know right after the last council meeting so I don't know what took place in that discussion and how this is coming to us today as a presentation so you can just kind of bring us up to date with that why did this um uh I'm F Troop and this is the Cavalry okay I I called in the Cavalry the question was what are the mechanisms by which we the city could help Emerson Park get its roads up to speed so we could take them over and we went through several methodologies and found that special assessment is the best way to do that what happens then is the lenders that they will seek I don't know who it'll be um will understand they will look at what we're presenting this is backed by assessments it's apparently it's a better rated debt if it's backed by assessments that are collected to the general method of taxes because everybody's familiar with how you pay your taxes and they generally get paid and so that being this situation that's the best easiest and the that although a lot for the average person relative to Municipal deals it's a small deal and so the bank will look at the role of Assessments how many people it will be spread over and for what length of time and they will assign it based on all of those things a rate plus or minus 5% is a good guess and it is back that the the collateral is the assessment because if you don't pay the assessment then it becomes a lean on your house the same way it would be if you don't pay your taxes so people are generally motivated to pay that debt which is why it's highly rated so I don't know if that answers your question but that's how we landed on the special assessment and the mechanism versus an HOA loan which probably couldn't even get the alternative for the HOA would be to go out and get their own financing which would almost assuredly be significantly higher in interest rate if they could qualify now I understand that this HOA has some decent money put away but that is for reserves for other things that are expenses of the association but they have committed to put in I want to say a half million 600,000 something like that towards paying the initial debt down so if it's if the three million dollar this number is correct and I don't know if it is but that means that the actual loan would be somewhere around 2.4 and then you take it from there okay because when I had the agenda review with our finance director um I understand that the HOA has a has a healthy Reserve something like 1.5 million right and that's what I'm saying that they did and again this is information I got from their Treasurer uh in various email form they're willing to put I think 600,000 or so towards this project the remainder of which they use for doing the other things the association has to do I don't know what that means I assume it means paying a management company maintaining sidewalks retention F I don't know what all else insurance and so forth but but yeah of that 1.6 roughly they're I think they're committed to put about 600,000 in it and the more they put into it the lower their assessment will be at the end of the day so who's going to manage this assessment well if if you're asking by manage it who does anything the beauty of this of the regular collection method through the tax assessment is once we have it in place a tax roll is created and it becomes an automatic part of the bill for the set period of time we pass the uh the resolutions that we have to pass we send a copy to the tax assessor they then put it on the roles based on the amount we say per lot or per home whatever however the calculation comes out and basically that's how it goes now if you're saying okay what if somebody doesn't pay that portion of their taxes well there's a whole process of leans and potential even foreclosure will it happen I don't know maybe maybe even probably but it's hard to imagine that you would lose your home over what will be relatively speaking a small debt compared to your property taxes and other things that are you know are on there every year when you pay them anyway now having said that the the collection of the debt is whatever is collected is going to go to to pay us if we paid the bank or pay the bank directly and I'm not sure that's some detail I haven't figured out yet but either we will collect the money send it to the bank or we will pay the loan as it comes and we will take the money to pay our sales back I'm not sure again how that's going to all fall out in the washing maybe miss or Joel knows but at the end of the day that's the mechanism if you you said well do we have to do any of this no that's what we're talking about now if you say you know what we'd just as soon have them keep their roads it's okay we're just telling you how you can do it if you choose to do it so I got blance blance kind of talk about the process the city right excuse me yeah okay um in we do have special assessments already that we manage so this would be incorporated with the other special assessments is something that we have to manage in and on an annual basis and uh the debt will come become a part of our debt portfolio so like the street light assessments same be the same exact same thing yeah so it'll be incorporated with the other special assessments that we have and then the debt will be incorporated in our um debt portfolio so none of that so this Arrangement would not affect our in we wanted a bond because we have a lot of special uh we have big capital projects that are coming up so is this in any way going to impact that I guess it depends on how it's structured I think Misty kind of uh explained if we have to do some type of guarantee it could have some impact you know and regards to our debt capacity I know we have something like a $10 million limit per whatever so poten eventually it can it depends on how it is structured hopefully it does not but it all depends we have to go out and probably do an RFP solicit to the banks to see if we can get the best rate for this effort but I do want to clarify um the 600 included the Alleyways right yeah and so the Alleyways is about based on the last estimate that was about 700,000 so the outside of the ways is $3 million so without the no I think I with my understand I could be wrong that the three million is everything that's excluding the alls it was 3.7 I'm not a construction no maner and I didn't Express this is public services um cost that estimates that they gave in June it was 37 million and the Alleyways about 700 and something thousand and the Alleyways cannot be financed no there's supposed to cover the cost of the Alleyways so it it so you're saying all together Alleyways and the roads is 3.7 million yes we're talking about now yes that's that was what do presented back in June I just want to clarify so the amount outside of the Alleyways is three million we do have HOA representatives in here that may have different numbers or something that's slightly different because we've been getting different numbers so I want to make sure that we're talking about consistently having the same numbers I'm not saying you're wrong or right I'm just saying I want to make sure these are public services numbers yeah I understand okay it's just we we have a couple different um numbers going on here we're gonna have everybody up here at the podium here before it's all said and done so 37 with Alleyways she she G that was from Theo um so it's a total of three million address I'm Jennifer uh board president of Emerson Park and this is Dave treasur of Emerson Park um so the total the last total that we were given and this is just an estimate we actually have to get the three bids and find out what the cost would be but they're estimating a total of 3 million inclusive of the Alleyways the Alleyways are around 450 440,000 and we're going to put up 600,000 out of our reserves the remainder of the reserves belong to the town home owners because they it covers their insurance it covers their roof Replacements painting and other exterior things that we do as well as the pool the clubhouse so that is how much we can put up is the 600 so that does cover the Alleyways plus additional towards the roads Comm Anderson I do so there's currently a new Builder that's building in there currently now correct he they are not part of Emerson Park at all even though they have the Emerson Park and they're not par they have on the name of residents at Emerson Park but they are a completely separate entity okay in addition to that so A few things for the special assessment per home who's responsible to pay for that special assessment that is needed to determine that's probably a question the homeowners the homeowners yeah the homeowners will be assessed on their property tax bill okay for that anything else right Mr Smith all right so now him that $3 million is inclusive for the Alleyways but I thought the city was only going to take over the roads so the Alleyways will remain property of Emerson Park now since the new development is not a part of Emon Park but they needed to use your roadways in order to get to the development how does that work so we have a special Road assessment with them which will have to be re-evaluated after this and we will build them for olon Bay which is the the only portion of roadway that they have um accessibility to so we will build them after we find out what the cost of just Alon Bay is to repair and then receive those funds back from them so it will not be the city's responsibility [Music] should the city decide not to take ownership of Roads what is your backup plan we we got uh an estimate of what we could do with 2.5 at a 10 year rate it would bankrupt us we could not afford to Bill all of our homeowners a special assessment which would be on a monthly basis we would not be able to do [Music] that it would be a monthly payment of $29,000 all right to uh what What's yeah M you made a statement that hopefully that we wouldn't have to put up anything that this would stand on its own when we know which way it would go right um and Joel could probably speak more to this but what what would happen is if if you decide to move forward when we get to the point in time where we need to do so we would put out a request for proposals from Banks we would draft that the way we want it meaning without any guarantees from the city your backup City Credit and if we don't get any bids then we know it's not credit worthy and we'll have to go back to the drawing board so um but again the council would have you know opportunities along the way to authorize that but the the goal would be to go with just the special assessment as the as the revenue as the credit Comm Mr Nesta yes uh appreciate your time and all that and HOA thank you for being here as well um a couple different process questions I guess have a procedural Lee and we've kind of discussed it and and commissioner Smith also referenced it as well as I I I just find it I would imagine that any bank or lender would want us as a back stop for a payment I I just don't see it happening otherwise um for this I know to your point that you just said we don't know yet um but again we got a function as worst case scenario so if we don't get the revenue we need to make the payment we would still have to take that out of our we would still it would still be our name that's paying the bill every month for to the bank to the lender correct so it's still on our tax it's still on our budget item that I'm gonna have to account for every year yes it would be our debt we're we're going to do the solicitation this is going to be City debt it's just being funded by that special assessment and therefore I think this will be our contract a city contract not the bids so I think that's where do got his numbers from understood with the 3.7 okay all want to be clear no understood thank you um and and again I mean prices are changing daily so it's all over the place so who knows where that's sitting right now either way and in the process of I know we're saying that there's the back stop of of we could lean the property or foreclose on it whatever that looks like it wouldn't be the HOA doing that that would be us correct that we would have to go through that process so so the the process is you you would collect this assessment pursuant to the uniform method of collection just like um as blanch mentioned you currently collect your assessments when you're on the tax roll you know there's certain loss you know you can't partially pay your taxes um you have to pay all or nothing if you don't pay your taxes there's the tax certificate sale process so that's the back stop when you're on the uniform collection method so foreclosure wouldn't really be uh the way you go you go through the tax certificate sale process okay and then I mean timeline wise for this if we were to move forward we'd be pretty far out for I mean this is going to take some time correct six months to to as stated in our briefings of the next time that we can get on the tax rooll is July 2025 you did say that thank you for reminding me yes so we got a gap here that we need to deal with as well okay I think that's all my questions thank you so so Blan just I mean I mean I don't see the the credit risk as you know is a real big hurdle I mean I would look at um one of the neighborhoods that we had they had a wall that they were place on Main on Main Street with an e on the end that we have the wall um assessment okay uh that's on the it's on the the tax and it's a much lower neighborhood than Emerson Park correct and I don't we've had that in place for longer than I've been mayor so 10 years and we've never had a problem there right not that I'm aware of okay so I I mean I think we have to put the risk out there we can't you know we gota can't do it in a in a vacuum but I don't think it's it's a real serious issue because we do have their house is is is collateral I mean their house is collateral for that that loan every one of them so I mean and so here we got houses that are in the I'm gonna say 150 price range that have not had a problem at all in the last 10 years whatever that is I I just don't see the the risk now we don't want to and I don't know whether I think we we made the loan on that one I I don't even know if any loan it would be like the general fund would front it right you know and then it pays it back and probably ought if maybe well I think what I want to do is probably see where we are as a council um and and if we want to move forward looking at make making this thing work I would I would suggest to you or I will bring back to you that that Main Street as a as a perfect example of how this could work and how it has worked not just could for that that was the abandoned neighborhood or something like that no it it's I don't they had a fence and they wanted a like a one of those vinyl walls okay okay it's right there across from from from the high school yeah I was I was I was on the commission when they did that wall okay so it's the same it's the same process did we get debt for that though it's I don't know how I know we got they they pay that was done through but did we just lend our own money to that or did we get debt for it I don't know I have to go back and look the history of that because of course I wasn't here but what I have been told um by the Chuck who used to administered special assessments that they would borrow money and it's small it probably was $10,000 $20,000 from the general fund and then it pays it back over with the assessment okay so we're not that's it's a little bit different though yeah that's the this is not Millions right talking yeah small dollar amounts but that's the process right but much much lower value houses so I mean people that are struggling to you know to make ends me I mean it's different you know so if they haven't my I guess my point is if they're not having a problem with you know obviously a much more economical neighborhood than Emerson Park then I would lead me to believe that we should be okay yeah I mean but anyway so I I guess is anything any other questions if not I just let me ask one last question should we do this and we're talking about a 15 to 20 year loan what's the life of the road is it going to need repair again before the loan is paid back and then how is that going to be financed okay I mean well it it falls in the same category as other City on streets and I think you know the challenge is there we discussed it at the workshop you're proposing a increase in the millage to support maintaining the city on streets as they are so we trying to get another permanent Revenue Source I know the mayor you mentioned if the sales tax goes through for Orange County but right now that street fund is suffering can we walk through the process really quick or this the the pros and cons between bank loan versus bonding or Jo probably joint question um so the process of going out into the public market with debt is you generally need to go to the rating agencies and get a rating um and in this case it would probably be you know based on the assessment alone unless the city does give a credit backup because the city probably is or has a rating I don't know how long it's been since you've been in the public markets but um it would look at this you know assessment you would have to prepare an offering memorandum to potential investors um and it's just a little more convoluted process whereas with a bank loan you solicit bids from the banks the banks come to you with their proposal and you do not have to prepare an offering document it's unrated debt you don't have to go to the rating agencies and if and the and the other nice thing it with bank loans is if you ever want to amend the documents or or make changes to your loan structure you're dealing with one relationship Bank instead of multiple Bond holders and that that own $5,000 increments of that debt let me add to that the expense of that debt is substantially greater than getting a bank loan and all of those costs whether it's a bank loan or floated debt are going to be rolled into the cost of the issue so you may save something on interest by floating public debt if you can float it at this level but you'll probably lose it on the cost of doing cost of issuance you have more with the public offering understood okay thank you okay well I think we kind of exal any last additional questions if not I just just want to get a you know kind of a feel for do we move forward or or we so when when moving forward what would be the next step for the HOA at this point I guess we would need um direction from Council if you want us to pursue this um we' need a vote and if you want us to go out and solicit the financing for it as well we do have some contracts again already in place so are are you all your residents in Emerson Park on board for this I mean they're they're willing to accept the assessments of their home and and pay that extra assess assessment right so the agreement uh the votes came in and it was uh 90 something per were in favor out of the 500 homes we had close to 400 of them vote and out of that the 90 something percent were at a yes for the assessment on their taxes and having the city take the roads but we don't know what that assessment amount is right that was what's kind of in here is that we don't know if town homes are going to be at a lesser rate than what homes that have bigger Frontage and and right so there's a a a kind of a interesting formula that we're going to create here to figure out who pays what so who does that who does it's in house they'll be working together in house to do it whose department does that I'm not to do that us it would be Chuck but you know and Chuck and I work together so okay cost it all depends on the cost it all depends on the cost but ith to5 per home divided by the for 20 years that's a 20 year term but again that's on there's so many variables into that so it's a lot of variables we got to get the actual cost you got you don't know we don't know what the interest rate is going to be we don't know if any closing cost is going to be we don't know what the fees are all of that got to be factored total cost and then you come back and make that determination timing everything so so does it cost us anything to get an actual cost as to what it's going to cost to do this work um I again I have to get updated cost from do this was his presentation he gave to this Council in June right that's what I'm asking is there a cost for us to get that cost it shouldn't be because we have contractors we would rely on our Engineers for this estimate it would be a city contract and we rely on them and we have contractors already on the contract so I'm assuming that they based this estimate on on those contractors I can just add here there will be to the point that you guys are kind of dancing around a go no go point right now we're not at the Go noo except to find out the information you need to get to that point but there will be a point when you're presented with as well as the whole Community all of the facts the cost interest amount assessment how it's going to be done and then it will be up to you to vote yay up or down so to answer the UN asked question there's an expense in getting to the answer of how much it's going to cost and that's really where we are today is do you want us to go down the road and continue to try to gather the information so you get to the no-o point you can always say no at that point but right now in terms of the answers we can give you this is about what we got yeah we're we're just really dealing in concept now right are we for against the concept and then if we you know because we've got to look at financing side a more um accurate cost for the road improvements and so those those two pieces then and probably would have to go back to the to the members of the HOA are you still on board it went from 307 to 314 or you know to 365 you know a year so I mean but I just yeah so I'm just you know if if if we're not comfortable doing it then let's we you know let them kind of figure out their own way if if we want to try to help them that's that's kind of where we're at obviously there's a couple more steps to go but I mean I just want to we either move forward and try to come up with a solution or or we just leave them to their own attorney Shephard have you done this anywhere else with any of your other municipalities special assessments yes absolutely not for not for these roads or this subdivision or something like it but yes you do special assessments for things like um sidewalks in a community wants them doesn't have them and weren't supposed to have I'm talking more specifically a road private roads being turned into public roads yeah I mean yes yes private roads usually it's the what the process you're going through now that that the people decided oh I really don't want private roads because it's expensive and they would like somebody else to take it over so you go through this routine but more frequently it's stuff like we'd like sidewalks well your developer didn't put them in Well we'd like them how can we pay for them okay well here's a mechanism you can pay for them you're getting a special benefit we'll help you out but you got to pay all the cost of us helping you out do you really want it if they say yes they really want it then we go down the road I did it in Mount Dora done it in maand uh and it's and it's it's all kinds of things like this it sometimes it can be for CH fixing up retention funds where they haven't put enough money into it so it's it's basically anything that's a special benefit to a community that doesn't benefit the entire city at large and it's a way of making them pay their share of those costs but also making those costs more affordable than they would be without City's help and we've seen that we have our MSB used either through lighting districts or or what have you same thing with our waste water or not Wastewater um the ponds like you had said why aren't we doing msbu for this or why can't we that that's what it is so it's same but just structured a little different technically that's what it is attorney Shephard do you have an example that we could see a contractor or just kind of how I'm sure I can find one I don't have it off top of my head but having done this for almost 40 years now I'm sure I can find one I just don't know it something on a larger scale where the city is loaning just to we can really see the nuts and bolts of how this breaks down sir um without wasting too much staff time too much of cost things like that I think that'll be valuable and I'm saying that because of previous conversations with um with Chuck that that's basically what it is msbu okay so we're back to what's the the pleasure of the board well according to our City attorney if we move forward and we put out the RFP we still have an opportunity in the process if we're not comfortable with this that we can say you know we can either continue I'm I'm just conc concerned with well it's going to take work to get the RFP out it's you know I'm going have to work with our financial advisors and get you know procurement to get RFP out for this loan it's going to take some work um it's it's it's it's up to you I mean basically we discussed this is the funding mechanism if this is what you want to do you know this is how we can potentially do it it's going to cost we're going to make sure that that assessment covers all of that cost we may have to guarantee it we may not have to guarantee it depends on the institution and what their requirements are again it's it's up to you I mean do you want to bring on a private road in the current situation that you're in you know we we're already having an issue with our street fund where we don't have enough funds to take care of our existing Road correct and that's a concern yes ma'am the the noo the go noo go point if you look at the outline is five legislative approval everything up till that is you can stop after that when you pass the ordinance if you get through the second reading of resolution then it's just down to creating the assessment role collecting the assessment and uh you know off you go once that's once you're at that point then you've got the money you've got the contract ready to go you've got a contractor ready to build uh fix do whatever needs to be done and that's the go so everything up to number five is where you can back out so on number four you do realize that that will happen next year oh absolutely that's what I'm saying okay it none of this happens right away but right now the question is do we do any of this right that's what okay just know that number four the public hearings and the notices that's next year 2025 I mean I I think we're just looking at or I'm looking at the concept if you don't like the concept doesn't matter what the numbers are then let's let's you know cut it off if you if it's if it's just about you know the process you know if if you're okay with the process and how the how the it looks then we move the next step but I don't I don't want to I don't want to hold them up and I don't want to hold us up if we're not serious about moving forward with with a plan if we're not that that's obviously this council's decision exactly what I think at least my concern is that you know we have plenty of private streets within the our municipality right now and are we setting a precedent that we we let all gated communities or all private road communities we give them a a free ability to to get a get a loan from us that's my concern I had the same discussion with the HOA on that I can answer that question it is a and I I want to be careful about how I say it is a political precedent it is not a legal precedent no I understand understood absolutely and that's we discussed that I discussed that with the H discussed it with staff is that it's similar to what we do with K States there's no precedent setting it's just do we want to help out a community that's in need or not so I just wanted to clarify the roads are private but have always been public for 14 years because the developer never installed the gates and we did not find out that our roads were even private and we needed to save for them until 2017 when the Greystone rehab center started to build at the front of our community and then they said they had rights to our private roads so from 2007 until 2014 there was no saving for the roads from the Builder and the HOA had no idea that we were supposed to be saving so this is why we're in this predicament somebody somewhere down the the line did not make sure this Builder protected your citizens so is it possible to go back and sue the developer because it didn't put up the gate I'm sure it would be a very costly thing to do I don't know we're just residents asking for help all right I'm looking for some direction we see it's it's I a vote to approve but but I don't also don't want to give them if if there's no no future then don't want to give them a false sense of of Hope either so I'm looking for if we're able to I know for me if I'm able to get more information how that would affect the bonding capacity because there are some unknowns there and will that affect our ability to borrow money the city that's of my concerns and again I think that depends on how the loan is structured you know if we have to guarantee anything or have the Covenant to death as mentioned then it potentially can I I I move for us to get some type of bids or something from the bank so we kind of actually look at the numbers because if not we're going to be like hypothetical so I think it's important that we get some numbers or something so we can compare something maybe to to commissioner Anderson what if we just well if we do can't reach out without doing there you go complete our P say we just find out could we do one without without are you know being obligated no okay so I guess then that's our that's our if that's commissioner Anderson's stopping point or or her red line then you know because we we don't know what we're committing to right so if we want to do the RFP if we are we okay with that I mean if you don't want to do it then then Now's the Time because obviously rfps are not that's right they are time consuming and they're a lot of work for finance so I'm I'm happy to have them do it and I would like to do this but I'm not but if we don't have you know at least three of us on the board and I'd like to say that we got more than three that will support it then let's just move on so that's so whatever so sounds like we got one that would say let's move forward with an RFP I don't necessarily want to move forward right to an RP I think that's jump in the gun a little bit we got steps here that were lined out that I think we need to slowly go through let's kind of discuss them bring it back to us have a discussion again um a portioning the cost I think is a big variable for your residents to understand what that really will break down how we're doing the math what that looks like I think understanding and then getting updated cost and what the construction is going to be as well because if we do an RFP now we may do it for too much we may do it for too little I think rfps have jump on the gun a little bit let's slow it down and we've got time so let's course with all those steps but as you know construction cost is actually increasing so I think it's important that we kind of we don't want to put them a hold until next year I think it's important that to to we can do all that simultaneously right we can get get a bid I think we're going to need to know exactly what the cost is and probably a methodology before we go to a bank you know because we got to have show them that we have our act together more or less and we're good with the cost because of the cost escalation so we can start the cost estimates and then from there and come up with a methodology all of that work can be done and maybe we can bring it back before we go through that solicitation process I just want to do something where they're not just coming back and nothing's been done we just keep yeah and maybe we can get without doing an RFP okay work with our financial advisor to see what some potential rates could be from another angle Okay okay something new yeah is that sound yeah Joel did you have something you wanted to throw in there come on I was I was just going to mention that some some things you can kind of dual track in terms of a process but I think in terms of the point that you get to the bank you probably are pretty far down the process the bank's going to want to understand the assessment that's being levied um and that process moving along how it's going to be collected and generally um you're setting up the assessment and um getting that in place and then getting the financing and and blanch he couldn't reach out as EXC outside the RFP could he I think he could probably look at some similar you know loans or loans that he's dealing with or agencies that he's working with cities and see what they're doing in the current market probably get some estimates okay so we'll do something inhouse first okay in a sense and because we still got a gap I want everybody clearly understand okay yeah yeah there still a gap there so so what we're looking to do then we're we're gonna we're going to move forward with we need uh public services to get an updated cost cost we then G to set up do the RFP or do you want we need to figure out who is getting charged what then we're g to come up with the methodology look at some potential and I like that to be brought back brought back have the H in that conversation as well make sure everyone's still on the same page and then okay make that that jum to RFP okay okay thank you that give you some Direction right yeah awesome thank you thank you Misty and thank you Joel for coming out and being a part of this you guys if you want to check out you can check out yeah thanks thanks yeah yeah yeah got it all right we've got four consent agenda items does anybody need to have any of those pulled if not look for motion to approve so got a motion by commissioner Smith second second by commissioner Anderson all those in favor I all oppos motion car Bradley Williams good evening mayor Commissioners Radley Williams parks recreation director I'm here tonight with a special a special event permit request uh for a street closure uh this is for the togethers one 911 Memorial Run uh being organized by the Armando Bor Junior Scholarship Foundation Inc uh it's uh the application is requesting authorization to temporarily close Fifth Street between Park Avenue and Central Avenue on 928 2024 between the hours of 5:00 am and 1M excuse me and then also uh some rolling Street closers along the race route during the Run uh this is uh an event that occurred last year as well with similar road closures and uh Miss Caitlyn cetta uh from the organization is here uh and I'll let her give a couple words on the event as well and we can take any questions now is this the main street or we so Caitlyn CA with Main Street ofka uh we yes we are helping them out and I'm also a board member of the Armando bous Junior Scholarship Foundation as well so I did the application we had a really great event last year uh we had over 200 Racers actually uh do the you know the course uh it was a lot of fun we had a ton of activity afterwards um and we're really excited to bring this event back to downtown it was the first of its kind last year and I think it was a huge success any questions for either Caitlyn or for Radley and just uh for uh information the permit was reviewed by staff including police and fire department uh which recommended approval and was also so recommended for approval by the DRC at their council meeting on March 12th so this has been in the works for a while okay all right any other questions if not anybody from the public wish to speak on this matter not we'll close the public hearing look for motion to approve the special event permit application for the road closure request for the together as one Memorial Run event so move got a motion by commissioner Smith second second by commission Anderson all those in favor I I all oppos motion carries the RFP 2024 d-78 good evening mayor Commissioners Blan chairman Finance director um we have an award before your contract award U for RFP 2024 A- 78 for the forensic audit requested by this Council um to Cherry Becker on April 29th the finance department issued an RFP for the forensic audit it was advertised and solicited from uh for firms from State certified public accounting firms for the forensic investigation of items identified by the council April 3rd and April 17th 2024 um the inquiry deadline was May 20th the bid eBid submitt was May 29th evaluation committee met on July 31st we not we had notified users of about 1,759 viewers of the RFP was 638 and vendors that were following were 19 we actually received six proposals from ancient Cherry beckard CLA which is Clinton Larson LLP Raymond RM us LP uhy advisor advisor M Atlantic Inc the evaluation committee consisted of Bradley Williams parks and Rex director Chief Mike McKinley of police commissioner Diane vquez and per flored statutes as a finance director I served as an advisor on the committee and Jacob Smith our city administrator who's the project manager was always also in attendance to the evaluation committee [Music] okay we requested that the forensic audit firms give us a proposal a price proposal based on 100% of the transactions per direction from Council um of course we got different pricing methods some were random and some were by the transactional basis we did not eliminate anyone as a result of that again because we wanted to make sure that we allowed everyone to participate and we never know exactly how this is going to fall out however their scoring um was impacted by um not doing transactional um pricing so the ranges range from 167,000 to $1.4 million ancient came in at 167 45980 Cherry beckard 1,360 620 CLA 8628 40 Raymond 1, 316 732 RSM was 97 956 UHA was 4505 n968 basically ancient and RSM UHA in some cherry Becka but very minor in CLA did some random uh Raymond was the one that did all transactional but Cherry Beck did let's say 95% transaction so the ratings for the firms based on um the criteria which was ability of personnel was 25 points experience 25 points ability to furnish the requested service 20 points um their approach the forensic audit approach 20 points and the audit fees were just 10 points Cherry beckard scored a 96.83% uhy 7 9.67 and RSM 53 points so at this time the evaluation committee has recommend awarding the contract to Cherry beckard um in the amount of 1,360 620 and negotiating the final proposed hours per to Define rates in Cherry Becker's proposal and they did have the lowest average rate of 180 the others range $2 and $300 per hour any questions so I have a few questions the first question is and can you please clarify the basis of this forensic audits that's going to cost taxpayers possibly $1.3 million in climbing um basically the forensic audit was requested by Council um and they requested certain things be reviewed and looked at on a transactional basis um I think it was initiated by commissioner Nesta um and then the mayor provided input as well as commissioner vasqu and this were based off of the findings of our state audit no no so were there any type of material findings that would cause us to do a forensic audit that's going to cost 1.3 billion we already have a deficit in the budget our annual audit for last year had no findings okay so where's the basis for the 1.3 million for this forensic audit that we're coming up with this for what's the basis what's the rationale behind it the basis for it that you would have to um I think commissioner Nesta has some concerns that he wanted a deeper dive on well the council decided as a whole yes so that's where we're at so if the council because I I wasn't part of the council then so if the council I guess four of these members are here can you please kind of just bring me up to date what what are some of the findings or concerns that you guys have where we think we would need a 1.3 minut forensic audience so what are some of the findings what are some of the concerns that that's been SE to show some type of I'm going to talk about sitting at the actual committee because it was a learning experience for me unfortunately it was a cone of silence so some of the things some of the information that I needed or I needed some clarification um the only person I was able to speak to was the purchas scene uh department and every question I posed before the purchasing director um her response was we can't discuss it I can't tell you you have to wait till you sit at the committee and that's where of course I had the question of well what's random sampling what's transaction and there were some things that I was unaware of at the time and so during the process of the committee uh between uh chief Kenley and of course d uh director Bradley I learned what the process was because they have done this before so there was some changes done in the scoring but at the committee I did um voice a concern and so I'm going to go with why I'm kind of concern during his mayor's report Nel ask for items to add to the forensic order to verify business tax receipts from 213 to current for Nester real estate Consultants I had concerns because it was singling out one commissioner then qualified checks for all candidates for 2022 and 2024 elections I also expressed why are we adding campaign donations Finance reports to the forensic audit because that is very readily available to the public and to each of us we just go up to the count the city clerk's office she has all that available it doesn't require a forensic audit it doesn't impact the city revenue or how we expenditures so I found that that in itself being part of the forensic AIT was not necessary to be there the number of late campaign reports for Nester commissioners Alexander Smith Diane Velasquez former commissioner Kyle Becker and for mayor Nelson for all his elections including um if I'm not mistaken when he was a commissioner at Orange County am I correct that was excluded it and the modification based on your input and I think a comment from you it included all Commissioners then it was to verify or discredit the excess income of interest of one Florida Bank over sovis to June of 2023 with one Florida deciding not to take on any City apopa deposits notify the extra earning that n secured and continue to generate Nelson referred to promises made Promises Kept uh from a postcard from neer's latest uh election campaign so as you can see what was added to the forensic audit was very personal it was isolating one commissioner it and it involved expenses that was all had to do with campaigning and Promises so I felt it it compromised what the forensic audit what it was intended for so we went through the process because that was my biggest question with our purchasing director I felt can we eliminate this because I felt it was personal it wasn't necessary um I just felt why it we spending any money for a forensic order to come in to kind of go through records that has no impact on the city at all well I think that that's my to to your point in addition to because you I was still speaking as well I was at this point because the forensic audit and I was told by our finance director that I could not eliminate that section it was part of the bid so our Auditors are bidding with what was included was something that I feel is irrelevant we have the opp because of that I feel we should not vote on this at all and not even entertain the forensic audit because it's not dealing we don't have a spoke this is not the spoke the campaigning whether Nick nest is uh with I'm sorry I hate to say Nick Nester whether commissioner Nester paid his BTR whether who was laid on the finan uh Financial reports how much did we raise for donate that is not part of a forensic audit but we went through the process because you have put we had put in the bid we sat down as a committee and I know and they can go back to that meeting I had a concern with that and and if you speak to the purchasing director that was my biggest concern I still went forth with this process but at this point I do not want to even vote on this forensic V it or entertain it and pretty much just put it to sleep it doesn't it doesn't require a vote and my concern like I was the question Still Remains what is the basis for the initial what why are we even doing a FR I know from my understanding the mayor added some additional things prior to the mayor adding those things what are the findings the reason why we actually doing the Fric audit I think that's my initial question because that that's why I still a lost in I understand I'm gonna ask commissioner nesa to address your question sure yeah so I mean as you can see in the summary of the council city council staff report it says on April 3rd 2024 and April 17th the items for the investigation uh for the forensic aut investigation were identified um so you can review those videos at leure still I have reviewed them and I and I don't know if you also reviewed um the firm's applications uh each firm that each all six of them I know was not part of our packet and they're 70 80 pages each so I don't know if everybody reviewed those as well so what are your findings that you excuse me and so I want to make sure you guys are reviewing those um with all the data that was included there was a meeting for the selection committee I was the only uh participant or or uh non-committee member in that meeting so I want to make sure everyone saw that meeting as well um I know it's not posted on our YouTube for everyone to access easily because I I don't know why actually I requested it to be multiple times and uh and then obviously like I said there's multiple meetings you can go back to review when we went over to this it's uh it's been voted on here we are and if you need more context feel free to go back and review those meetings prior to this meeting as stated I reviewed all those meetings there's still no basis and there still have not been identify whe there's any type of mishandle or any funds um can I refer to the attorney I don't feel it needs a vote I just would like to well you're talking about whether to award the bid that's the issue so if you don't want to award any bid or say no bid that's something you can do but it will take some sort of a motion to do that okay you and if you don't want to it now and you want to table it that's also don't don't want to table it so I will make a motion actually even the public I apologize I apologize no problem that Mr Smith well I didn't submit anything uh but for raise the Artic because I didn't find anything in in previous artics that were done that would raise red flags I didn't submit anything so I'm sorry I'm gonna ask this question which I didn't ask when we do our regular audit are they now that I understand what transaction is and sampling do they do actual transactions they do sampling Rand random random samp yes ma'am based on the material excuse me what's the percentage that oh it depends on the materiality level it's yeah it's not a percentage it depends on what they're looking at and how material that is it's a calculation that they do they verify the internal controls we have to give them a document it says these are the internal controls that we have in place they verify those internal controls to see if they're working as expected if they're not if they find something where there's a weakness they'll do a deeper dive at that time okay okay all right so let me let me just go over a few things before we well we'll we'll also have some sir um well these aren't really questions um so why don't we go ahead and anybody from the public wish to speak on this matter we bring it back home Leroy Bell 2308 blue medals Court my understanding for the forensic a if you go all the way back there's been money missing from the sale of equipment that was from them mu for the Farm Workers that money been missing from uh Co there was money earmarked for the homeless shelter where's that money this Administration know where that money at we got a right to know where this money at it been voted on for the audit now if you want to uphold this Administration don't be so blatant with it don't be blatant with it this man you this Administration finally got his Tim Scott and Candace orange just don't make any sense wait wait hold up I I said this Administration I'm talking I'm talking you just called out two people so who do you see do you see Tim Scott here do you see Ken Z here okay you're out of order but anyway the the the the audit is to find out for the missing money that's where it at thank you it been voted on five to zero for this order now you meant to tell me we're gonna come back and double back and not let the citizens know where their tax money been to save Administration that's failing that don't make no sense anybody else Al M 3603 golden gem Road tonight when I came in and give you commissioner some papers I'd like you to have a look at them the first one was presented on June the 15th uh and it was a request for $950,000 for work at golden gem road I'll read it to you unplanned event phase one install high-capacity Interceptor trench to capture ground and surface water and take the pond plug the pipe and uh install aquad dams from start there's no aquadam being installed there's no need for them $950,000 we need to account for if you have a look at this particular paper here this particular paper is from Dr Dil it describes a cylinder of a m shaft has been 30 75t in diameter and 30t deep let's take that back to to to some calculations the volume of a cylinder is pi r s by the height effectively if we take the measurements in feet back to yards we have 12.5 yards and 10 yards deep so in actual fact 3147 * 12.5 * 12.5 * 10 comes to 4,910 cubic yards yet Dr dvo states he only took we only lost 200 to 400 yards there's inaccuracies of between 10 and 20 times in that document in this document it claims that we're going to use aquad dams there's been no aquadam ordered there's no aquadam needed I give you a sample of how it could be done with simply sandbags so you need to be stewards of our money at the last meeting commissioner alas was was very careful to see that she had expectations of the city how they dealt with contractors well Commissioners I have expectations of how you deal with contractors because there's money been wasted there's money been said to be spent that isn't hasn't been spent that needs to be addressed and the only way to address it is by find is is is by a forensic audit because I will be bringing to you over the next few weeks information on money that's gone missing during golden re gem Road I have asked the city clerk for documentation that with respect to certification that needed to be provided it can't be provided why is his mic muted I think he must muted it I haven't touched anything that need to be unmuted right now time needs us to pause is it working I can't hear interesting okay so we have anomalies all the way down the line and contractual obligations this isn't just one of them but it is one that the commission failed to address over the weeks that I've come here you are aware that there's been dirty fill going into the aquafer now it's going to be a problem because if Dr dvo says there's only between two and 400 yards of fill filled in there and I say there's 5,000 how much does a ton of rip wrap cost because it's going to be 20 times more with my volume than it is with his there's so many anomalies that's going on with the city unless you get people like me self-confessed expert I know we've got experts up here but I'm a self-confessed expert and everything I've told you guys about golden gem road is proved to be true so when are you going to start listening to people who have expertise I don't have Financial expertise I can't study what's been done but trust me I have enough information now to have the FBI come in here and take a look at the records and it's going to happen sooner rather than later anybody else from the public wish to speak on this one good evening Sylvester Hall 391 Rolling Hills Lane uh I'm G to be brief on this uh because I see why people like my neighbor Mr Bell get upset about certain things that is being done in city council and during the meetings you guys play with us like we're stupid you lied to us like you know you don't have no accountability no responsibility and it's a shame I would ask to commissioner Anderson to go back it's just you're talking to the C well what I'm what I'm saying on the audit she said she didn't have all the experience so I've been she don't have all the knowledge I've been here for almost three years coming to these meeting I was I would suggest to get yourself up to speed go back and look at some of the meetings the council not for for the for the council Council I would suggest that everybody on the counil go back and get some update and some content to everything that has gone on up until this time because we wouldn't be at this point to move forward with a present for foren forensic audit if we hadn't gone through all the steps to get here and so to get here and then just say he look let's go back and let's just's let's uh get rid of everything but I'm going just simply remind you and I say this all the time because sooner or later it's going to catch up with all you and that's why you see I see There's Hope and I'm smiling because I know everything that's done in the dark is going to come to the light and I'm trying to educate you and give you guys warning so when it hit you it don't tear up you and your family so to all elected officials to all to all residents to the apoca chief to the apoca critic to the apoca voice principal matters Integrity matters talking about the issue we're not talking about honest this is about the issue honesty matters accountability matters respons when we doing this audit this is about this is about the artist this is about the artist when we doing these artist these things matter when you doing this forensic artist morals matters ethics matters Character Matters procedures matters leadership matters and the law matters all these things matters and I can look around here and I can see some Smiles on some faces but you guys do a good job of controlling the narrative in the house but it's coming and I can just say that with a smile it's coming and everything that's that's done in the dark will come to light thank you anybody else in public okay we'll close the public here just a couple things I'd like to oh I'm sorry somebody else yeah one more oh I'm sorry good evening um it is hot up here drop drop that mic down yeah it is hot up here um yeah no not that kind of high Temple [Laughter] High um I don't know if this is the place for me to talk about this but um when it comes to the audit I have watched you um online stream and this is my first opportunity to be in the building so I'm glad to be here um my name is Virginia Street I'm a 30-year resident uh of my beautiful city of papka that I love so much start your name and address please ma'am Virginia Street is my name okay and your address 2119 Palm Vista Drive okay thank you okay um um I am here um on behalf of the Hope helping our people eat um organization and uh it's a community organization if you're not aware of it we need to be on the forensic audit this is not but but this is about the money for that we're talking about for the audit part of it is part of it is and I'm gonna be I'm gonna be to the point I'm gonna get there promise you just ride with me a minute okay but what we're trying what I'm talking about is the actual in 41 days there going to be a a law that the homeless cannot cannot you know be out there and the consequences that will come along with it in 41 days we're we're really worried about what's going to happen to the homeless in 41 days we're helping we're providing meals for them on Sunday we talk to them we you know connect with them emotionally you know we know their struggles and everything but they're concerned about what's going to happen to them in 41 days are they going to be in jail we're gonna what are we gonna do with them you know and what are the plans I don't know how much of this is in the audit you know because I haven't seen it myself but where where do I need to talk about it if it this is not the place it's it's really not the right form um we have a I would suggest to you we have a it's called Next Step Foundation it's a it's a homeless we've got a group of churches and other you know Community leaders uh do you know about it I do know about it but I don't know who to talk to about if you will get um if you'll get somebody the your information I'll be happy to get you that's perfect that's what I can absolutely and and um um also okay maybe that's going to answer my questions about where we're going next yes ma'am okay okay that's fine that's all I needed thank you and see how easy that was easy it's cool right here right all right okay thank you all right okay anybody else good Nikki I'm not as tall as Miss Street good evening Commissioners and mayor I have high respect for each one of you up there and um my concern regarding this forensic audit it seems to me that things were added to redirect the audit my concern as as citizen of aapka I do love the city of aapka I appreciate the hard work each one of you are doing because many of you I see you pretty much on a daily basis doing more than and just sitting up there and what I'm going to plead to you guys is I heard what commissioner vasque said but I'm going to plead to you guys because if you look at the news lately and look at what's happening in the village of Dalton with their Board of Trustees and with the mayor there please guys please let us not turn our city of Apopka into a public show can we please if a forensic audit is needed can we stick to what was the original request and have that audit without adding nonrelevant stuffff to the audit because we as the citizens we as the taxpayers I don't care who spend the money but I think we have a right to know where our money is going and if there's nothing to hide then show us thank you thank you you I I just want to clarify one thing the bid went out including these extra requests part of the bid is these Auditors actually use this they're going to invest hours into this this the list that I read you I I can't ask I can't award a big and then say don't do this because that that's not the bid the bid is it includes this entire what I read to you am I correct in saying that yeah yeah goad no go ahead would give public comment and we'll we'll close the public he but from my understanding that bid you five of you guys voted on all those items on that bid is that correct so everyone voted on those items at that time no there was items at at after that and and let me just I'm speaking please let me just be very clear just because I'm a new commissioner if I didn't agree with something previously I don't have to vote on something I don't agree to I reviewed every email that I requested I went back and reviewed all the different minutes I watched the YouTube videos I sat in some of those meetings I don't agree with it before the solicitation went out we were gathering information for the scope commissioner Nesta provided a list of items mayor Nelson provided a list of items commissioner vquez provided a list of items couple of items that's what went into the scope of the RFP now to be clear we can negotiate okay based on whatever hours we want to spend on you know our areas that we want to spend but it's up to this Council to change that if you say no I don't want to do that part of it those hours and and dollars are backed out so which part of the budget we already budgeted for this already the budget this is not budgeted at all exactly so we already have a defit the budget so we will need additional 1.3 where would These funds be coming from out of reserves and we already have a deficit already but but we let me this not in this fund I'm aware I'm going I'm going toward the line of questioning so I've spoken to several taxpayers who do not agree with this friend audit they have the same concerns I have is that there has been no findings there have been different council members that came up with a random scope with no type of basis on why they actually want the work done I'm asking for someone because I wasn't here and I read up still with everything I reviewed no one can point to any findings where they say this was a misuse of funds okay commissioner blasquez if you are going to move I I would ask that you move to approve I know I'm still I'm we're all talking right now so I would ask that you do when you do make the motion to move forward with this but without the Superfluous personal tax things like that it would save tens of thousands not hundreds of thousands of dollars on this and we'd be able to negotiate from there no it's that was only 35 transactions and to be honest with you just to be clear not on their paperwork it was a lot more than that that they listed um I gave them the transactions business tax receipt was a lot right business sax but for the campaign reports I'm talking about all the Superfluous stuff that wasn't originally discussed because we didn't actually vote on all the additions that was all added at the end or through email or through uh mayor's report so that wasn't a vote that was all just provided and we never agreed to it okay I'm I would have to go back and look at the meetings but I know that you provided a list at a certain point I know this Council voted 5 to do a forensic audit I'm not saying that that all occurred at the same meeting I agree commissioner Blas that's my only ask moving forward um okay let's let's bring up last public comment and we oh I'm sorry fat boy Ace woodam 47 East M no Street the mayor made a statement a minute ago that I want to clarify on Hope does an awful lot for the homeless people here in thepa most of them people that work the lady was up here and stuff they feeding the homeless out of their pockets they work to pay their mortgages pay their power bill pay their water bill and then they go buy groceries so how and feed these people how I'm getting it the city received $70,000 to help Feed the Homeless several years ago mayor Nelson will say that I don't he don't know what Ace woodam was talking about well let me explain to you the next Foundation is also mayor Nelson sits on that board at the Presbyterian church with a couple other ministers I went to one of their meetings one night I sat next to a preacher that was from we weeka Baptist I believe it was he asked mayor Nelson he said mayor where's the $70,000 that the city receiv received to help Feed the Homeless he looked directly in that preacher eyes and says you got to come and ask the City commissioners cuz I don't know what they did with it he he always ass under the bus sorry about using that word but anyway the next Foundation how many dinners have y'all fed yes the homeless is a bad situation here in but we got $70,000 and y'all's checking accounts or savings accounts somewhere Miss blanch i' like to see for bir at I don't know about none of other money but I know that $70,000 is there in thebody Nelson anybody else all right close public hearing um just couple of things I'd like to bring to everybody's attention is and we talked about this forensic audit and and commissioner Nesta you've been in two audit you've had two audits during your your time here and the first one back uh when we had uh Daniel Anderson come on July 5th 2023 uh to do the the audit uh the only thing you asked was um commissioner asked where the restatement came from Daniel Anderson stated that when the finance department were preparing the accounts for the 2022 audit they noted that some items have been acred for previous for previously that they were seeing in accounts payable that there were Capital related expenditures there were purchase or ERS that were outstanding where previously they were recorded as actual expenditures instead of just being a purchase order for future expenditures commissioner Nesta asked for specific examples and Blan Sherman stated the amendment that was approved for a budget at the end of 20121 to carry forward POS and capital projects in 2022 was booked as an actual Journal journal entry instead of a budget amendment therefore it resulted in overstatements it was any of the it was any of the major projects and POS that were going on at that particular time that's it no other that's it so then we go forward to the next one um which was uh on April 17 20124 Daniel Anderson gives his report mayor Nelson ask any questions and no questions from commissioner Nest so so let's just go back and and when I got came into office in April of of 2018 I um instituted in starting January the January reports 2019 that city council approved all dispersements right do you know of anybody else that does that that was blanch no um no I'm I'm not aware of anyone else who um submits it other than pension committees you know that does dispersement reports to the city so anyway so then I said you know when so commissioner Nesta brings forward all these these accusations allegations about money missing and all that so I I went to Rob hippler or IT director and Bland Sherman I said can you do me a favor I said can you give all the Commissioners the all of the camp wewa dispersements through May of 24 can you give the city of Apopka Reserve from 2018 can you give all the opioid crisis payments up through April 9th 2024 can you give all of the mayor's reimbursements from January 2018 through April 24 can you give us the farm worker Association payment can you give us the popular property transactions from 2018 and 2024 and can you give us the grant awards from January 2018 through April of 24 which which you did right most of that was yes sir so the reserv were were given before we got to the point where we we did the RFP for the audit and would you say that everything you sent was complete and and accurate I yes I gave them a list of transactions yes sir Rob hippler would you say that there was anything missing or anything that we didn't send to the Commissioners that was okay okay okay so it's it's a $1.3 million witch hun so if if the council wants and to be clear it's more than 1.3 because we have to employ you have to employ any additional staff to assist with getting the records or that is very true so this is 1.3 plus and with the my from that list there hasn't been able to identify any type of findings or anything we just we already have a deficit and to spend $1.3 million just on a hunch that some has happened and you can't identify anything I just I just can't agree with it anybody else yeah absolutely obviously Camp weah loses half a million dollars a year we we paid a substantial amount for that uh the appraisal was an interesting one I'm sure You' reviewed that as well the property on Rock Springs Road and Sandpiper the southeast corner of that that we sold immediately went back on the market for a million dollars more and then sold so somebody's making money somewhere and either we that inept or somebody knows exactly what's going on and we lost that much money so again I'm sure you saw that one too actually yes so that's great so I I'm it's it's scary that you don't want to question that that we lost a million dollars commiss Nesta you need to keep this out of personal way excuse me yeah no I won't be doing that thank you but I'm definitely she address all right I will make one correction because I was a commissioner before 2018 and we were reviewing all the dispersements that was done it started I believe in 25 214 it started pretty early on because I remember the ministry Alliance came in and it was um and they wanted to see all the expenses so we started the dispersements way before 2018 and they are available you said that's correct oh I can't say that's correct when we did our research but I not this sure agree directors you know what we went back to do was to find the first time we could find that it went to council and that's what we because I do remember that um that was a that was a request made by the ministry Alliance that they wanted to have the dispersements they wanted to know all the money that was being expended by the city and I remember that that was something that was available um it's standard so um but it was done before 2018 that's good to know um and the reason why again I just feel that um the forensic audit it it just became personal and and that was a concern that I had when I sat before I sat with the committee was that I wanted to understand what sampling was what transactions and how many transactions are we talking about at the time they were priced on for all dispersements at that at that time because they contined to grow was about 65,000 transactions that's your biggest um transactional base you know some of the brt tax receipts are not as large you know some of the other things will be captured in that $65,000 base like the land Acquisitions the camp we are transactions all of that will be captured within those and with the btrs um prior to when we brought the vendor in which I believe was October of 2021 prior to that we the BTR was had not been capturing all the businesses in the city they were when we hired the vendor I mean he he recovered you know hundreds of thousands of dollars since then um so I just felt that going back from uh 218 was um it it just didn't serve a purpose okay and commissioner blasquez again that's my request is move it forward without the Superfluous unnecessary personal attacks we've got a motion by commission I think you no what initially until she until our finance director noted that we could have eliminated this from the forensic I said you can do that now I mean we can negotiate why shouldn't I do it while I was at the committee you were in when I was sitting at the because you were serving as a Committee Member not a council member and the items that were presented were presented by the May items were presented by um commissioner Nesta as well as yourself and let's so blanch you were going to say my little five items what would you if of the $1.3 million that commissioner Nesta wants to spend what would you say my portion of that little bit oh I want to spend you voted for this too mayor 5 this is on this is on your name just as much as it's on mine okay give me a minute let me look at because we do have a list of all of the items and they were proposed based on what they the estimated hours and their um estimated rate so for business tax receipts actually that is one that is not even included in the 1.3 for chair Banker at this time because they probably would do that on a random somewhat um qualifying checks for the candidates that's $6,000 6,000 $840 um late campaign things $882 um the interest income thing okay that's $2,340 promises made Promises Kept $684 um are we dealing with attorney fees or not that hadn't came up so those for those particular items here confirm the interest rate for commissioner Nesta D 11,340 um breakdown of attorney fees I don't know if this was yours mayor or whatever but that's 11,340 the bul the bulk of this is related to those dispersements okay but tens of thousands of dollars on a personal attack of taxpayer money using taxpayer money to personally attack one person I think all of this is personal tax personally I think all this is the taxpayers expense of campaigning here on the diets so I think this is I don't think this has absolutely nothing to do with the taxpayers and I don't think it's any basis of it and I think we will be wasting $1.3 million of taxpayers money if we move forward with with this friend a so that's just how I deal so back to commissioner blasquez if you want to make a motion to reject I just think we don't have a real where's the real scope if I eliminate all of this if I eliminate the campaign the btrs uh what is it the attorney fees um campaign what is this U promises made promises capped 30,000 40,000 if we just go with the list that came from commissioner Nesta um um and I'm adding here at the dice at the podium again um for the um dispersements is like one mill 1 million 240 because that's the 65,000 transactions okay um actually it doesn't include the employee stuff right about now but I would say if I'm rounding one point still about one point three almost because it's 1,240 you got 35,000 for camp wew um 2880 for the opiate OPI um crisis um property owned 15,300 Mr shman s to interrupt did you supply what you're reading from to all the council um I think it was at the committee this is details that the committee had okay so not everyone has that no no this is details at the committee level to your motion I can share it if you but it's still around 1 250 to 1.3 in addition to the staff that's needed and the number is continuous because it's yeah the staff will be needed yeah so commissioner Velasquez you want to make the motion to reject the offer project the forensic audit you know I did get a few phone calls because there was a concern about the forensic work um I had my concerns and um and then we have we have uh residents who are in support of the for they for it except that I just felt that the bid as it went out did not focus or did not go within the real scope of what are we looking for or I think it included requests from every commissioner we broke it down like this so that you would have this opportunity to say I want to keep this in the audit or I want to take this out as a coun read the list of what he had Rob sent out when did that go out the the list that you when did that a April I think April this year 19 be the 17th I sent you a list of everything and when everybody submitted and the date they submitted everything came in before the solicitation went out Mr blasquez we pick we picked the most expensive um the highest bidder here and I know that was part of the committee that's because it's on a transactional basis they have the lowest average rate their hourly rate is 180 ancient is 260 um CLA is $220 per hour Raymond is $283 per hour RSM is $353 per hour uhy is $230 per hour what was Cherry Beckett what was that $180 Pro I just feel that it's not going to be popular but I just feel that we were all over the place with this forensic audit and um it didn't have a real scope well we did have a scope and then it was muddied and clouded and just made and and I will say this um I remember after the mayor's report and he he added all of that um I do remember uh commissioner saying that it was set up to be to fail and and that's what I believe it was set up to fail and um at this time I don't think it's going to serve the council or the public because we don't have a real scope of what we're looking for and um I believe that this really did Muddy Our intention of the forensic audit so um there's two options I mean we have one commissioner that is saying that there's no need for it I I didn't get commissioner Smith um what can I get a feedback from I I didn't submit any items because aits that were done there was nothing read okay so I mean we obviously do have the mayor who's who's not for it um we have commissioner Anderson who's not for it we have commissioner Smith who not for it so it it's and yourself you're not for it either well I'm not for it because I I didn't feel that what was added to the forensic audit was necessary I thought it was personal attacks and uh I just felt it was it wasn't necessary so I'm I'm not going to submit a bit to reject this forensic got a motion by commissioner Velasquez second second by commissioner Anderson all those in favor I all those opposed no no thank you failed rejects to bid three- two with Nesta and Nelson no y okay next up so wait a minute wait a minute no no wait I have to go back can I can I go back we're done we're done um attorney it's almost like this was planned no um weird you talking about a motion to reconsider yes please how do I bring back this as I mentioned previously you do not follow Robert's rules to the letter if you did there is a mechanism to go back and reconsider usually it's based on new or additional information that you didn't have at the time of making the decision Beyond how people vote but that's what it is um I'd like to reconsider so what would I need to do to reconsider this vote first of all that needs to be on the agenda it can be on this agenda if you want to but in terms of the sequence of events it should now be moved towards the end of the decisions I'm sorry explain that yes yes we just did this item and you have an agenda that you've already voted on so in in theory again you all make the rues but you should go to the next agenda item and if you want to rec reconsider it bring it back at the end of this agenda but that's up to you guys so I would like to reconsider this item and bring it back make the motion if you get enough in order to reconsider you have to have a motion supported to reconsider so I make the motion I make the motion to reconsider this vote for the forensic order and for the record because you supported the past motion you can vote to reconsider because you voted for it if you were to follow Robert's Rules again which you're not required to do okay so I will bring this back at the end motion it's first it's a motion consider that has to get support then it would be put back on the floor okay so I have a mo so I'm making a motion to bring back to be consider correct do we have a second we have a second motion a second all those in favor I I all those opposed I yep okay fails all right well for the record I will say this I don't I think that's unfair that you voted uh with Nester commissioner Nester because it was based on what you had added to this to this uh audit um okay commission you got that he played you on that one he did unfortunately he did you got played all right next up public hearing ordinance number 357 ordinance number 3,57 an ordinance of the city of apapa Florida to extend its Territorial and Municipal limits to Annex pursuant to Florida statute 17144 the he after described land situated and being in Orange County Florida owned by slf SFL Partners LLC and jfj real real Investments LLC located north of Fourth Street East of Bradshaw Road and West of hawor Avenue comprising 1.97 Acres more or less providing directions to the city clerk separability conflicts and an effective date Lobby any changes anybody from the public wish to speak on this one not close the public hearing look for motion to approve adopt ordinance number 3057 some move got a motion by commissioner Smith second second by commissioner Anderson all those in favor I all oppos motion carries anoun next up ordinance number 366 ordinance number 366 an ordinance of the city of apapa Florida to extend its Territorial and Municipal limits to Annex pursuant to Florida statute 17144 the here and after described land situated in being in norch County Florida owned by PM S1 re LLC located on the southwest corner of onik Road and F Drive comprising of 54.8 Acres more or less providing for directions to the city clerk severability conflix and an effective date any changes Bobby anybody from the public wish to speak on this matter not close the public hearing look for a motion to adopt ordinance number 3 66 motion so move got a motion by commissioner Smith second second by commissioner Anderson all those in favor I all oppos motion carries announ next up ordinance number 369 ordinance number 369 an ordinance of the city of apapa Florida to extend its Territorial and Municipal limits to Annex pursuant to Florida statute 17144 the here and after described land situated being in Orange County Florida owned by Michael gentles located at 3595 West Kelly Park Road and 3611 West Kelly Park Road providing for directions to the city clerk separability conflix and an effective date any changes any by from the public wish to speak on this matter not we close the public hearing look for a motion to adopt ordinance number 3,69 so move got a motion by commissioner Smith second second by commissioner Anderson all those in favor I all oppos n I'm gonna remain with my original vote so that be four to one uh with commissioner Velasquez in the in opposition okay next up ordinance number 370 ordinance number 370 an ordinance of the city of apapa Florida amending the code of ordinances of the city of apapa Florida amending part three Land Development code by amending Article 5 development standards by amending section 5.14 utilities by adding new section 5.14.2 natural gas installation providing for installation of natural gas Lines within subdivisions or re subdivided areas providing for developer payment of costs of installation and materials providing for cost sharing for gas main extensions under certain conditions providing for construction of installation and Main extension providing for easements and permits providing for ownership and maintenance providing for conflix severability and an effective date Cliff no changes no changes anybody from the public wish to speak on this matter Albert M 3603 golden gem Road just a question if there's a commissioner sitting here tonight who is on the board of L and up Popin natural gas should he recuse himself from any vote if you're asking me the answer is no all right anybody else want to speak on this one not close the public hearing look for a motion to adopt ordinance number 3070 got a motion by commissioner Velasquez second second by commissioner Anderson all those in favor I I all oppos motion carries unan next up ordinance number 358 ordinance number 358 an ordinance of the city of apapa Florida amending the future land use element of the Apopka comprehensive plan of the city of aapka changing the future land use designation from County low medium to Industrial for certain property owned by SL SFL Partners LLC and jfj real Investments LLC located north of 4th Street East of Bradshaw Road and West of Hawthorne Avenue comprising 1.97 Acres more or less providing for severability complex and an effective day Jean Sanchez Jean Sanchez with the Community Development Department this is a request to accept the first reading of ordinance number three 3058 amending the future land use designation for 357 West 4th Street from County low in low residential district to City industrial the subject property is approximately 1.97 acres in size and currently vacant the applicants requesting the amendment of The Future land use to allow light Industrial Development the proposed land use allows a maximum floor area of0 6 per acre under the comprehensive plan and consistent with the proposed zoning which is the proceeding item on the agenda with um zoning of light industrial compatible with the surrounding areas as well the properties to the north and west have future land use designations of industrial while properties to the east and south are in unincorporated Orange County with flu designations of low medium DRC recommends approval at its meeting on July 9th 2024 the Planning Commission iously recommended approval of the future land use Amendment the recommended motion tonight is to accept the first reading of ordinance number 3058 and hold it over for second reading and adoption staff is available for questions all right any questions for Jean if not anybody from the public wish to speak on this matter not we'll close the public hearing what for a motion to approve ordinance number 358 a first reading and hold over for a second reading and adoption so Mo got a motion by commissioner Smith second second by commissioner Anderson all those in favor I I'll oppose motion carries announcement next up ordinance number 359 ordinance number 359 an ordinance of the city of AP Florida changing the zoning from County R2 residential district to iel light industrial for certain real property owned by SFL Partners LLC and jfj real Investments LLC located north of Fourth Street East of Bradshaw Road and West of Hawthorne Avenue comprising 1.97 Acres more or less providing for directions to the city park separability conflicts and an effective day for the record Jean Sanchez with the community Development Department this is the rezoning companion of the preceding item it's a request accept the first reading of ordinance number 3058 amending the future land use that I'm sorry the zoning amend it is a zoning Amendment I'm so sorry this ordinance is the first reading of ordinance number 3059 amending the zoning designation for 357 West 4th Street from County R2 residential district to City IL light industrial the applicant is requesting to amend the zoning from T light industrial to allow industrial uses this request has been made by the applicant simultaneously with the request to amend the future land use of industrial to ensure consistency with a comprehensive plan and Land Development code properties through the north and west of zoning designations of IL while properties to the east and south are in unincorporated Orange County with zoning designations of County R2 District the DRC recommends approval at its meeting on July 9th 2024 the Planning Commission unanimously recommended approval the recommended motion is to accept the first reading of ordinance number 3059 and hold it over for second reading and adoption staff is available for questions any questions for jeene Sanchez anybody from the public wish to speak on this one not close the public hearing look for motion to approve ordinance number 359 first reading and hold over for a second reading and adoption so move got a motion by commissioner Smith second second by commissioner Velasquez all those in favor I I all opposed motion carries unanimously next up ordinance number 3071 ordinance number 3071 an ordinance of the city of repopa Florida to extend its Territorial and Municipal limits to an pursuant to Florida statute 17144 the here and after describ land situated and being in Orange County Florida owned by Orchid Estates community Home Owners Association Mega G&G LLC Jacob Snavely 4625 Chandler Road LLC Matthew and Deborah Shaw Daphne Martin generally located south of West Kelly Park Road and West of Jason dwelly Parkway comprising 28.5 Acres more or less providing for directions to the city clerk separability complex and an effective date for the recer Bobby how planning manager the request to Annex multiple Parcels totaling 28.5 four acres into the city of Apopka properties are located generally South of West Kelly Park Road and West of Jason dwelly Parkway as you can see outlined on the map in the black is the properties that are proposed for Annex you can see the aerial and vicinity Maps future land use and z maps of the surrounding Parcels uh show residential in nature Parcels are contiguous to the city limits and are eligible for annexation pursuing to Florida Chapter Florida statute chapter 171 assment of City Zoning of future land use designations will occur at a later date through action of the city council the development Review Committee recommends approval of the annexation recommend recommended motion this evening accept first reading of ordinance number 3071 hold it over for second reading and adoption uh myself and applicant available for questions any questions for either Bobby or the applicant I've got a few questions sure you want the applicant or applicant okay uh good evening mayor and City commissioners my name is Jonathan Hues with the L Law Firm 215 North Yola Drive Orlando Florida I'm here representing the owners of these Parcels uh also in attendance is uh the our project engineer uh Luke clayon with a AP and Engineering for the overall project happy answer any questions you may have thank you I appreciate you guys being here I guess walk me through what the intentions are here and and my specific concerns are the road access things like that H how are we going to get there talking about Chandler yes okay yeah I could I could briefly so so this is obviously going to be a a multi-step U process in terms of of this project it is an assemblage of U multiple tax Parcels that are owned by multiple owners uh these the the what's before you tonight is the first reading on the indexation involving 28 point 28 and change Acres of property um it it should be noted that uh as part of the jpa notice is provided to the county uh County did provide comments but their comments were really of the nature of of of not having any objection to the annexation because if these properties are ultimately brought in especially the central properties that that are on the screen before you if they're brought into the uh City it cures a current Enclave meaning that these properties have city property city property already in the city located in on all of their sides so um in terms of the overall project it's larger in size I'll I'll take you through another slide that will illustrate that here is the overall project um in it's actually about 115 acres in size uh as before you tonight is uh annexation of the existing Chandler Road which is not a public right of way it's actually privately owned it's owned by D of Estate Association it would be brought into the this overall project there is no uh plan to improve that road along the the northern part of it because this and what what this owner would control and developer ultimately would control is only 15t wide so it's substandard today there isn't sufficient right of way to make improvements the good news is working with staff your staff um through the early stages of this process as we said it's GNA be multiple steps before you all this is the first step we have a comp plan Amendment that's going to follow that includes all of this property uh that is been submitted it's pending it's going to come before you hopefully this this late summer or fall that is proposing to change this property to mixed use and then ultimately the project there's a also a rezoning application to to Kelly Park interchange mixed use and it's going to have access points two of them on Kelly Park Road I don't know if this laser works or you can see that there's one here there's one here in addition as I said before um existing Chandler roads can to remain EX existing condition Private Road this project is contemplating potential future um Improvement of that road and so anywhere where it can be made standard it is along the boundary of the property down to a a future uh potential access point where I'm pointing with the with the laser of course this overall conceptual plan comes later in this process the first step would be the annexation that's before you tonight uh and then we have some additional steps to go through including review of the comp plan Amendment and the resoning afterwards by uh complete that review by DRC complete that review by Planning Commission of course come before you all for public hearings but tonight it's just that first step which is this annexation no I appreciate those extra details and the pictures because that didn't really understand the the plan here and it looked like this was going to be a mess I have to deal with so that makes it a lot better um understanding that this is a much bigger project it's going to have access directly on Kelly Park um and and to reiterate it's going to be a some larger lot homes some smaller lot homes and then some Town Homes is that what that is that accurate No Town Homes rear all single family just larger and smaller some Bungalows gotcha okay and then is this within the kpi that will be the that's with being proposed so it's not right now it I technically I think how it's a Viewpoint is is that any of the properties that are within the kpi aren't technically in the kpi until they get the a mixed usri or land use in a kpi mixed use zoning designation and so this property is similarly situated to those in that it would take that discretionary review and approval from this board before it' be considered to be in the the Kelly Park interchange mix okay okay thank you any other questions for the applicant okay anybody from the public wish to speak on this one Al MIM 3603 golden gem as was just mentioned just now entry into the kpi is discretionary uh for a number of years when we tried to get into KP we were told that we couldn't get into kpi why because we were about a 100 yards outside the kpi so my question is tonight how far outside the kpi if they're outside of the kpi is this current development anybody else from the public want to speak on this one not we'll close the public hearing look for motion to approve are you able to answer that sorry how far is it out or does it touch or border what's these Western properties are technically within a half mile of the kpi uh there's I'm sorry one mile of the of the kpi um and and there is policy that supports that if a portion of a project is within the kpi radius then the remainder can come in if it's made up of M so something touches it something of this project touches it yes I mean there there there are maps that show portions of this property that have are in your comp plan today in which it's in the radius okay thank you anybody else okay that we'll close public hearing but for a motion to approve ordinance number 371 at first reading and hold over for second reading and adoption so moved got a motion by commissioner Nesta second second by commissioner Anderson all those in favor I I all oppose motion carries n next up resolution 2024-25 is a resolution of the city of repa adopting a zero a vision zero policy Vision zero is Central Florida's gold of zero traffic deaths uh you heard of wonderful presentation can you hear me good all right he a wonderful presentation at the last city council meeting from Kelly Fon she's here tonight uh resolution 2024 adopts divion zero policy is the policy for Road and Traffic Safety in the city of Apopka commits the city of APCO to reducing traffic deaths and severe injuries on city streets by 50% by the year 2050 the recommended motion this evening is adoption of resolution 20249 if you have any questions Miss Fon is here to answer them on so any questions for all good good good good okay thank you this is on the website though right the all of this Vision so the public can see it because it's it's how many pages because I I know I it's very long it's 283 Pages yeah the report is about 85 um all the appendix files are are much longer so we provided the report and a report plus appendix provide on the website so the only question I have is it's it's we're going to voted in but is there a timetable like you know saying in the next five years these are some of the things that we have listed in the vision zero that we are um going to Institute uh there's no specific time table for each action but the intention is all of the actions um should be looked at to guide reaching that zero uh fatalities and serious injuries by 2050 so there are some easier policy recommendations um and then project ideas for areas that had high fatal and serious injury crashes obviously implementing projects takes a long time so the intention is to kind of provide this blueprint to considering future projects um and initiate new ones and this is with metro metro plan is it yeah metr plan funded the stud and they're also doing a regional study for vision zero as well as I think 20 different cities are are doing similar efforts any other questions okay anybody from the public wish to speak on this one not we'll close the public hearing L for motion to approve resolution 20249 some got a motion by commissioner Velasquez second second by commissioner Smith all those in favor I oppose motion carries noun next up resolution 2024 D20 resolution 20 24-20 a resolution of the city of aapka approving the acceptance and conveyance of certain Parcels of real property from and to Central Florida Expressway Authority approving the acceptance and conveyance of certain Parcels of real property to and from BPG Mid Florida south 1 LLC authorizing the mayor to execute special warranty deeds and documents to effectuate the con conveyances contemplated herein providing legislative findings providing for severability complex and in effective dat for the record Jean Sanchez with the Community Development Department so um about a couple of years ago the developer for midf floor South Logistics park it is an industrial project located west of State Road 429 and south of 441 started to work with the city to explore ways to improve their site design options um particularly because they had an jent oh sorry how apologies okay they had this adjacent cfx storm waterer Pond to contend with at the time um which limited their site design layout a lot so BPG Mid Florida south LLC the developer coordinated with the city to swap LS with cfx and created a larger uh buffer to the city's Wildlife Park on the south and um eliminating their constraints on site design options the city made the request to cfx and INSP cooperation and partnership with the city cfx agreed with the condition that de the developer will Design and convey a new storm water Pond for the road which is now relocated on the southwest corner you can see there the project site it's um it's also depicted on the major development plan approved by the city council on May 17 2023 as well as the construction site plan approved by the DRC on October 6 2023 the developer will also be donating over 12 acres of wetland and Upland to the city that I spoke about down in the South and that that will come in a future date as well um so the recommended motion tonight is to approve resolution 2024 D20 authorizing the mayor to execute special warranty deeds and documents to convey the lands from and to Central Florida Expressway authority and Mid Florida south LLC any questions for Jean anybody from the public wish to speak on this one just before we as we close this I just want to you know want a big shout out to Pam Richmond who helped put this together and if it weren't for our partners good partners cfx and Mid Florida or mid excuse me Mid South Mid Florida south Mid Florida south yester uh this wouldn't this would have happened and what's really cool about this is those 12 acres now give us 12 more Acres or a better buffer on our you know 70 acre birding Park so it's just it's a win for everybody correct and so um I just want a big shout out to Pam and our friends at cfx and and in Florida south so with that look for a motion to approve so got a motion by CHR Smith second second by commissioner Velasquez all those in favor I I all oppos motion carries n all right city council reports commissioner Anderson why don't you get us started so the first thing is really important is um really excited about the tenative agreement that was actually reached the contract agreement with the um between the POA professional Fire Fighters Association the union I know that there was a lot of hard work and dedication that was put in between everyone um the union president Alex did a really great job representing Union um the attorneys involved all the Commissioners up here I know we all were in a joint effort making sure that um it was a lot of different variables that we weren't able to kind of discuss um on a public um platform but just know that there are a lot of details within that I'm very excited that we're able to reach that so kudos to all of us Collective working together um and one of the things that I just want to express is that we are most uh we all went to the uh Florida League of cities annual conference we spent uh probably about a about four or five days there and meeting with different officials and different um Mayors and City commissioners um one of the things um that I gathered is that we have to stand together and what I mean by stand together is that we were voted to represent the community and our personal issues and who has issues with whom ever um a lot of times we lose focus on what's important what's important is the residents what's important is making sure that we are not to campaigning while we're sitting on the DI and that we're not looking for gotta moments and understanding that me being an elected official newly elected um I have the right and um if I didn't agree with something that was voted on prior to me being in this seat I have a right to have a voice and say I don't agree with it and everyone should respect everyone even if we don't agree agree and we are representing the community and I'm just asking that we all work together that we all even if we don't agree that we respect each other and that we're not condescending and yes this is the learning curve for me but please understand that I go back and I spend hours reviewing everything and to be condescending because I'm asking questions or because I disagree with previous votes it's just not how we move the city forward I mean we are examples and if we are being disrespectful to each other up here in the Das then the community sees that and they're going to come in and going to model that same behavior so I'm asking us to be leaders of the community and making sure that we are working together even if we don't agree with each other we still have to respect each other so I'm asking all of us to hold each other accountable and to respect each other even if we don't agree with each other um there's a lot of things that was discussed but I think that's one of my takeaways is that we need to work together and we can't lose hope focus on Whose important is the residence and we fight and when we are being disrespectful we're losing sight on the residents and we're spending time discussing things that is completely irrelevant it is not helping um uh I got a call from a a concerned uh one of the students uh at rocking not Rock Springs it was U Wolf Lake Middle School um the child uh was in could not get to school because it was dangerous um walking conditions and you know I those are the things that we need to be fighting for for not personal issues and attacks that has absolutely nothing to do with the CI and what we usually do a lot of times we make it about the citizens and it has absolutely nothing to do with the citizens it's more so personal attacks so I'm asking that we refocus our energy we work together um if the attorney is able to find some type of Workshop so we can kind of come together and understand that how do we respectfully disagree and let's just move this city forward let's do what's best for the residents and I think that's what we was all elected for so um that's kind of all I have to say thank you commission blasquez well since we're on that subject um I will say this um I recently uh attended the League of Women Voters and the hot topic was civil discourse not civil uh Civil War at the Florida League of cities I attended the courses that was citizen engagement commun uh communicating the budget um there was one unified leadership building collaborative Council and then there's building Rapport how to get along and not giving up so you can see the topics that I seem to be going to um and obviously it's it's a reflection of what's going on um here and and of course we had our last council meeting that really sort of kind of created a lot of chaos with uh Shifting the public comment uh you know I wrote four emails to our city uh admin administrator um he did respond and um obviously there was even an opad from The apka Voice I just don't know who wrote it usually they identify who did but they didn't and obviously they're addressing of course what's going on with the public comment session it doesn't say It's Pat McGuffin yeah I'm pretty sure it was it doesn't say yeah that it was him usually it does say it but I didn't see it if if it was Pat McGuffin I didn't see his name attached to it um of course we had the apopular voice the day after the Fiasco with the shifting of the public comment and the cutting the live feed um I mean it it just goes on and on and um then we even had the apopular Voice who generated four different articles uh regarding public comments um you know developing uh story public comments not part of the city council live uh commissioner Nester we bucks the mayor Nelson for moving the public comments turning off the feed and um and then it just goes on and on and there's a lot of discontent from our public regarding the public comment and so I will also say yes our responsibility is to be respectful with each other and um and that we work for our public and our constituents moving the public comment and shifting it the way we did only created more chaos more anger and more of of uh a division and I just feel it's not serving a good purpose for our public if we feel if we honestly feel that they are important to us and we don't need to be kind of bickering up I guess that's the word I've heard uh among each other we have to really put before us the public and public comment is very important it is very important to the public they want to be able to for us to hear whether it's their concerns their issues and as that last council meeting we had U Mr Pat McGuffin who came up here and wanted to talk about uh you know the passing of Mr rickerson that was lost and I remember saying we cannot paint an entire uh everyone who comes up to the public comment we can't paint them all as being consensuous and being disrespectful with us so as the mayor did today where he read what was his expectation of the public when they came up to speak that is something that we need to do on a regular basis but I really would like to have public comment brought back where was where we have always been kind of presenting it in the agenda but I will say this because I did get emails and I know um Mr Rod Olson who is a regular here he's not here he's away but what was interesting was in his letter because he wrote me personally and I wrote him back was that he made a reference in his in his letter that said that he had had a meeting with our mayor the chair last year on April 11th and that's how far back some of what's going on on the day is we discussed a number of suggestions to help the City Council meetings be more productive the May the mayor made it clear that he was not willing to change his approach so um um I I don't know if if we're asking the Commissioners to try and let's try and work together then that would include the chair and I think it's important that if we all commit to it that it includes the chair and I feel that the action that was taken at the last council meeting totally disrespected the council we didn't have to say um I believed when um commissioner nesa made the motion to move the public comment session at that time I believe they was moving it at that council meeting not that it would be a permanent that we would keep our public comment session at the end of the meeting it doesn't serve a purpose I think it just continues to fuel anger and a dis and disenfranchising our public um I get it I understand that sometimes our developers and other business of the city has to sit through public comment but I feel that we have control of that the chair has control of that today I was happy to see that he read right before the meeting what his expectations were for our our uh our public that's sitting here so I'm asking to please bring back the public comment session where it belongs which we have always done after presentations and um I don't believe that the vote that was taken was a permanent as forever I believe that it was just done for that one meeting because it was it was there when we started the meeting so that's my concern with the public comments um I mean there's been so much generated out there of how this enfranchise our public feels how unhappy they are feeling they are not happy with what we have done with the public comment session so if as you said our responsibility and who we serve is the public they have a voice it matters and we should be able to treat them with respect and that is what I want I would like for them for public comment session to return to where it was that's all I have to say I mean I have a lot of comments here from and if you go on social media it's it's even more I'm just I outlining what has been written on these medias from The apoca Voice from the apoca chief and uh I just feel that it is addressing us as as a council as a commission that is here to serve the public so I don't agree with putting the public comment session at the end I think it I I know it disenfranchises our public they have a right to have a voice and they have a right to speak to each of us this is their only time for minutes it's not a lot I'm done thank you Mr Smith um first of all Yes uh I also attended the floor leag of cities uh session uh in Hollywood uh a lot of workshops very beneficial information that was given out uh also I'm excited the fact that we were able to come to an agreement with the firefighters and their contract uh and so with those negotiations and want the firefighters to know that that we love and appreciate all that they do and for the services they provide to our citizens here in the city of apopa and as you know that Workforce housing is a problem an issue uh not just in apaka but all over the the state and so I've been appointed to The Advisory Board uh for housing options for orange count Public School teachers uh so we will be meeting to come up with some strategies to uh see what we can do to assist those that are working for enchanted public schools in getting Workforce housing commissioner Nesta you want to you got a something doing from here down there I gotta go through my list thank you okay just want to apologize to Res that are in in the room obviously it's very very hot I feel it's very strategic to uh push you guys out so I appreciate everyone that has stayed uh to to um the public comment at the end and I want to apologize for public comment being at the end it's um obviously again to just disenfranchise and push you guys out as much as possible so we don't have to hear from you and that was never my vote and and I will continue to Advocate and push this to what you what all residents I've had one consistent voice saying bring it back to the beginning that's what we want so again sorry for where we're at I'm going to continue to work for for what I've always promised um um I will not be having office hours tomorrow but continue to check my Facebook page for updates um uh of any any events that I may be doing or uh any updates and always feel free to reach out I have any um any meetings or anything any concerns you have I'm always available and then my last item is I um was speaking to Main Street of popka obviously I've ever since they they've um come into to existence they've just done incredible um events and and reach outs and and engaging residents that normally wouldn't be engage which is very cool and anytime people do something like that I like to get behind them and just kind of push them as far as I can so um they've requested to do a presentation tonight and I have that available so um if the main street team would like to get up or whoever um Miss shed up please thank you thank you okay I promise I'm going to make this very brief I can talk and say a lot of words in a little bit of time so I know there's been a lot of loose papers running around because we've had to regroup as an organization so I wanted to give you all a great packet so you have the official information of everything that is as most up to dat as possible so what is Main Street briefly Main Street America leads an inclusive impact driven movement dedicated to re-energizing and strengthening older and historic downtowns and neighborhood commercial districts Nationwide now there's a really important factor with the Main Street program and that is the reinvestment ratio now reinvestment ratio is basically for every dollar a Community member or a counil member or a donor puts into their Main Street program what are what is the community seeing back where is that reinvestment and how much of that money is getting back into the community so in 2022 Main Street America did a survey of 1,253 Main Street programs Across the Nation and reported a $247 cent to $1 reinvestment ratio so pretty impressive and the way that it does this is through the Main Street approach uh that's a four-point approach that leads to community transformation this is basically a blueprint to bring your community specifically your Historic downtown and neighboring commercial districts uh into a transformative and re vitalized state so they do that through economic Vitality design promotion and organization we would look to partner with a whole bunch of people pretty much everybody to be honest we would have obviously our national Partners being Main Street America once we're affiliate officially Affiliated in that bracket uh and um also Main Street Florida who is our regional basically Regional director of all Florida Main Street programs uh we would have other Regional Partners like Orange County fdot obviously our local Civ Civic partners and the Departments within the city of Apopka that we would most likely need to work with uh and then we would have our local Community Partners and there's a whole there's a whole list there and like I said pretty much everybody we would want to work with and then who benefits from a Main Street program again pretty much everybody we have a whole slew of lists of ways that most people will benefit from a Main Street program the residents the business and building owners and the landlords the local and Regional partners and the visitors of Our Town Main Street ofka as you can see we've designed a new logo this has four historic buildings on it uh we have the 72 East Main Street building that is the karate studio as it's known um that's the one right here on Park in Maine uh the building right there in the middle is on gingi breads that's another historic building that we love and of course we love on gingi breads uh we have the Masonic there to the my right of that and then we have excuse me we have the church uh just there I believe it's down on Sixth Street all great historic buildings and we felt like that was very inclusive of our history of who we are as a poka our mission as Main Street Apopka is we are dedicated to building a strong foundation for downtown apopka's economy through historic preservation engaging Partnerships and empowering our people and our vision for downtown aapka is to be the first choice for food food entertainment and shopping in the greater Apopka area I know we got a long way to go till we get there but that's what we're shooting for now I want to bring you back to when we started we incorporated Main Street ofka as a nonprofit organization back in May of 2023 we submitted our 501c3 certificate application to the IRS in January of 2024 and we are still waiting on it but they are reviewing applications that came in in December so we're getting much closer I Believe by the time you all approve the budget we will have our 501c3 certificate and now back then we only had five people working on the team in November we added a six member and then in the end I would say it was the beginning of December we had a total restructure of our team so you can see there is an we have an executive board an Advisory Board and then we have committee members and myself the staff so if you look at this list and it's provided in your packets you'll see there are business owners both brick-and-mortar businesses and mobile businesses that are included in there there are Architects designers there are teachers there I think we even have a nurse yes she is a registered nurse on our staff we have a bunch of people that are now involved in this program and that was a comment that you all made at when I presented back in November when I initially asked for the $50,000 of funding from you all was you wanted to see more diversity in your board and more diversity in our team and I believe we provided that so our proposed work area this has also been updated um before we were basically looking to cover the entire CRA well after speaking at length with Florida Main Street they basically told us for one it's not possible to do all of that space right away and for two you really want to focus on your commercial areas only the commercial areas so no residential and barely any industrial and also you really want to focus on where your historic presence is most so we narrowed down the map that we want to work within and that is along OBT and then it Bridges off down Highland and then to Sixth Street and then up to Second Street all the way to the left we stop we we'll stop at Marvin SE xanders Avenue and Lake Avenue uh and then it will go down Central and then on 10th Street so that's where we've narrowed it down to and we believe that's a true representation of where we are historically and where we've come from in the past we have a great work plan I'm not going to go through all of this but for the general public this will be available on our website and then for you all it's in your packet but we're going to be working within the that four-point approach so our design commit we have a design committee a promotion committee an economic Vitality committee and then an organization committee each committee has goals timelines and uh the things that we need to capture in order to make those goals [Music] work again this will all be available on the website so at this point I just want to reiterate I know as we get closer to the budget that my ask is still $50,000 I realize we are a we are a line item in the budget and I really hope for the community's sake and for the sake of the health of our downtown that you take a chance on Main Street and take a chance on a poka because our downtown deserves it thank you very much thank you Caitlyn I appreciate that um I don't have any questions or anything just I I appreciate your time and thank you for being here okay thank you all right Jacob yeah just a couple things um first just want to remind you that we are going to have a budget Workshop next Wednesday the 28th at 5:15 in this room and that's uh for all you to know as well uh the purpose of that is to iron out any of these last minute things that we've talking about so we can have a balanced budget that's all I have okay I have nothing sir nothing okay all right uh mayor's report um yeah budget Workshop uh just want to let everybody know know it's early but January 1 just happens to fall on the first Wednesday of the of the new year and we will not have a meeting on January 1 of 2025 um um glad that you know we were able to come to a you know mutually agreed contract with the the the fire Union so we're we're happy to put that behind us looking forward to completing that U that U contract uh last thing uh big big big big shout out to my wck team out there Stand Up Guys you know we only got two of you well anyway they put together the uh the tdt proposal you know for um to to get money from Orange County that we you know we've been paying in anywhere from $500,000 to a million dollars a year toward um the hotel the uh hotel tax and so anyway they put together an amazing um powerpo took it down to Orange County and we able to come back with the highest score of all of the um applicants there uh for $1 13.5 million that will be will be adding four uh softball fields and we'll be doing some major improvements to the amphitheater to to draw more uh paid concerts so um the team really really put together their best effort I guess I need to throw out an it because they helped put the put the the uh the uh PowerPoint together but it was a team effort and appreciate everything rattley and your team and and Rob and your team did to get us to the you know so now you just got to do is got to push your commissioner um commissioner Moore and and and the other Commissioners in orang County make sure that this gets across the Finish Line it it goes to their the tdt board first um and if if then they approve it then it goes to the Orange County commission for final approvement so we're so excited about that all right next up