e e e e e e e e we'll call the June 19th city council meeting to order commissioner Smith if you give us the prayer and the pledge and commissioner Anderson's going to do the fact of day which will be the proclamation from Saturday let us some latitude of prayer Our Father the give very good and perfect gift creator of all mankind is once again that we come before your presence come heavenly father with thanksgivings in our heart thankful for the many blessings are bestowed upon us and this opportunity for us to serve as Servants of this Commit This City we ask oh God that you would bless those that are in the chamber today let them feel your spirit a spirit of peace as we come today to celebrate juneth one that was organized 159 years ago Heavenly Father help us to celebrate this special occasion and as we continue celebrate to educate that we will be able to live in a city where you had designed that all of us should live in harmony and in peace in thy son Jesus name we pray amen amen our pled of the United States of America and to the Republic for which it stands one nation of God indivisible with liberty and justice for all fun fact of the day where is our country is made up of people from every nation on Earth who are declared equal not only in freedom but also in Justice and whereas our nation began on July 4th 1776 with signing of the Declaration of Independence the most well-known statement in document that the document being we hold these truths to self-evident that all men are created equal that all are endowed by their creator with certain unable rights that among these are life liberty and the pursuit of happiness and where else as January 1st 1863 President Abraham Lincoln side uh signed the uh emancipation uh Proclamation stating that all persons held as slaves within any state or designated part of the state shall by be then um then forth and forever free and where else the information um Proclamation made that permanent um bation of slavery a union War goal and provided the legal framework for the amation of nearly all four million slaves as the union um armies advance and ra on June 19th 1865 almost 2 and a half years later Major General uh Gordon Gardner arrived in gavison Jack Texas and announced the end of both the Civil War and slavery with the announcement the people of Texas are informed that in accordance with the proclamation from the exe executive of the United States all slaves are free this involves an absolute equality of personal rights and rights of of property between former Masters and slaves and the connection um existing between them becomes that between employer and hired labor the free men are advised to remain at their present homes and work for S wages they are informed that they will not will not be allowed to collect a military post and they would not be supported um either there or elsewhere and we're in Texans between the celebration of juneth and 1866 with community events such as parades cookouts prayer gatherings musical performances and historical cultural readings as free families from Texas to other parts of United States they cared the Jun celebration and within then where as January 1st 1980 juneth became an official Texas state holiday and RSE the day was recognized as a Federal holiday in 2021 with the juneth national Independence Day Act was signed into law now therefore I Brian Nelson the May of the city of apaka Florida do hereby recognize June 19th 202 for as of juneth in the city of AP Papa and encourage all citizens to observe this date with your appropriate programs activities and Reflections thank you all right approval of minutes motion to approve or any corrections I just had a quick question for attorney Shephard there was a resident that reached out and and you did provide a a commentary on your opinion and it was in reference to speaking right at 1:30 and they were their verbiage was not recognized in these minutes can you give um your interpretation as to why and and legal capacity as to why sure were you talking about what happened before the last meeting yes okay um yeah i' forgot about that the uh meeting meeting minutes are to reflect the beginning and whatever happens after a notice meeting is uh comes to order and reflects the action taken and sometimes depending on the type of minutes are are done the commentary and all this stuff that's where we had the discussion and they sent a memo about the various types of minutes the whole idea of it is to comply with Sunshine Law as a legal requirement and so by definition if it's prior to the meeting it's not a required element of the minutes and it would be confusing and if not improper to include stuff that's prior to actual meeting occurring so if you were coming to a raas an objection as was the case about whether the meeting is legal the time to bring it is the meeting is commenced be recognized either whether immediately or during the public period or whatever and say Here's the reason I think this is a problem or as I point out you could send an email to the council you could send an email to the CAO you could send an email to the police if they thought you know there was an improper notice the clerk or all those kinds of things but but in order to be in the minutes you have to be in the meeting and that's what's the difference okay thank you that no okay we looking for a motion to approve the minute is red so move got a motion by commissioner Smith second second by commissioner Anderson all those in favor I all oppos motion carries unanimously any changes to the agenda Jacob okay all right proclamations boy we got a great group folks this is awesome thanks for coming out tonight I want to read the proclamation the 49th year the end of the Vietnam War and Proclamation reads as stated whereas April 30th 2024 marks the 49th anniversary of the end of the Vietnam War and the start of the Exodus of several million Vietnamese people out of Vietnam after the South Vietnamese capital of Saigon fell to communist on April 30th 1975 and whereas for many Vietnamese and Veterans who were directly involved in the war and Vietnamese Americans who have settled in the United States the Vietnam War was was a tragedy full of suffering and the loss of American Vietnamese and Southeast Asian lives and whereas during the Vietnam war over 58,000 American Service members died and 150,000 were wounded in addition 275,000 South Vietnamese Armed Force forces soldiers died during the war for the Americans who served in Vietnam and survived unspeakable Horrors coming home offered its own kind of trauma overall Vietnam veterans were met with none of the Fanfare that was received by the World War II greatest generation and where starting in 1975 and Lasting through the mid 1990s multiple ways of Vietnamese refugees began leaving Vietnam eventually being resettled in the United States and whereas in order to serve their community and prosper in America Vietnamese Americans founded and established thriving Vietnamese American Commercial districts throughout the United States and whereas the C apka is home to many Vietnamese Americans and significant contributions have been made by Vietnamese Americans through their cultural religious and political lives where it's taken nearly 20 years after the end of the war for America to honor its Vietnam veterans the dedication of Vietnam Veterans Memorial in 1982 began the process but many identify the Gulf War of 19991 with its national flag waving yellow rivon cultural mobilization and the grand celebrations of a success campaign as ending the Vietnam syndrome now therefore I Brian Nelson May the STA poket who who D proclaimed June 19 2024's Vietnam Remembrance Day in the city of Apopka encourage all citizens businesses and institutions to remember the countless lives lost in the Vietnam War and its aftermath to honor our veterans that served courageously in the war and to continue determination in advocating for society that respects the human and civil rights of citizens of all na ations and with that would someone like to come forward yes no what you we say a few words and we'll get a we'll get a picture with everybody yes thank you very much we very honored to be here this evening uh we were here a few years back and City AAS really really really support us we love the city we come back with uh commissioner Diane and see the clerk we try to get the proclamation for those that really die for us so we have a freedom to live in not for so much of us as today but for the younger generation grow up that do not know what the mother countries are and how the custom work so we try to carry on this leg see so City apka really support us we do appreciate so much the mayor all of the city councilman all the the whole um people in person people in in in in in this city of AA um we do have some people come in today some of some of are veterans um some are travel very far Miami uh Jacksonville uh some are come from Atlanta to to witness this thing and it's very very important to us that we continue to carry carry on with this for this situation that we have and we want to move better in the future um I'm a little nervous I'm sorry okay uh but um tonight I want to introduce you to the president of the Vietnam Vietnam in Orlando the resident danan okay she have a few words and then I have the gentleman over there he is a president of the United States oh wow that that he came here this evening so I passor a few word and again you don't know how much we thank you for all of you and we'll we appreciate very very much I have a few words for her thank you thank you so much um good evening ladies and gentlemen my name isan Le I am the President of viam American community of Central Florida we are so honored to be here tonight and we thank you so much for your guide to give us the opportunity to remember the day uh we call that April the black April 30th the day that our loved one is sacrify for our country and again we thank you so much for CD of AA at uh recognizing this day thank you very much thank you Please Mr th is President of United State Vietnamese Comm okay uh good evening um city apka mayor and on the commissioner and on and and on people in the uh city of bka here again as you know April 1975 we call Black ail that days we remember 58,000 us soier was SK action and to 100,000 Vietnamese Shure will give ation to and we are remember every people every soier fighting take the freedom and democracy for our country and today after 49 years and we came to America and we said thank you so much the for government and people American citizen here and have us the we will rebuild the new life but forther we wish all of you and inclusive with the government we try to fighting with the Communist this is the best Bad Country the bad regim to all the people live in the world and hopefully every people united state government and all of you will be fighting freedom for everyone in the world in the global and we have a peace and happiness worthy in our life and again thank you you very much mayor and own commission here and you do Proclamation for us this is very important to us and again thank you everyone thank you only the United stat thank you government to have our country fighting freedom and democracy and democracy for all the people and thanks again thank you if we we'll get yeah come on down we'll get a picture I'll be facing that way all all your all folks come on down okay I'll be right there John they want to take a photo here photo yes here [Music] [Music] [Music] two [Music] thank you [Music] all see oh I didn't know this is good to be American will yeah okay we'll do right now than [Music] just [Music] to yeah thank [Music] we can have the June te committee to come up please and uh is uh sister Mars or kimy which you want G to do the speak I I feel that a comment card okay go ahead a picture yes [Music] sum thank you you sit right here I'mma just have you to stand up not a picture all right Monique all right good evening to the mayor Commissioners chamber members everyone city of aapka we are the juneth committee and we want to just thank you for your support um commissioner Nester wasn't there but he supported us so we want to say thank you we we had our first Freedom Day um parade it's going to get larger because it started out just like Martin the King Parade did it's going to get larger but I want to thank you for your participation we want to thank you as the committee we have our um our Visionary behind all this is keomi um Jones from transform Outreach um I want to say thank you to the city um apaka police department and Sergeant CER is not here and I want to say thank you to him give Sergeant CER a hand um they threw him out there he's new um he he took the place of um Sergeant wickins but he did an excellent job and um deputy chief Miller and our um what the chief is still out town but anyway the chief we want to thank everybody for everything that they they did to make sure that it was sets for us and also Orange County chef department so it's also going to continue every year so you're going to see us back every year so we just want everybody to come to together and embrace this it's it's not a black thing it's not a white thing it's everybody everybody coming together loving one another so we want to thank you again for all that you have done for us and your continued support to make this bigger next year thank you thank you all right next up presentation where's Steph crib ah there he is Step crib the poka youth Council 2023 24 year in recap all right good evening mayor and Commissioners everybody how y'all doing this evening good all right so uh my name is Stephen crab I do special projects here with the city and uh one of those special projects I have an honor to be able to do is uh the apaka youth Council this was our 23 uh 2023 2024 youth Council they uh as you remember they started back in September uh we we uh had them come in here and and present themselves say their names and we've had a great year of doing community outreach and we're going to go through some of those uh some of those things now so here's our year in review once again our council is made up of five members uh Mia Perez and terano and Olivia young un un fortunately couldn't be here with us this evening they are part of the apaka high school Beta Club and we're at a convention they thought they were going to make it back in town this evening but hit some hit some traffic delays so unfortunately they're not going to be able to join us but I do have Alfred Luna Brienne protasio and beis S all here some of the events that we did this year were things like the mo mobility week bike event uh it was a ecobike ride around Lake aapka our a couple of our youth got up very early in the morning they met me here at 6:00 a.m. to help me uh load up the the car and get out there and be ready to go for the all those that participated in that event handing out uh water and uh nutrition bars and and other snacks and keeping our our bikers motivated out there then there was the Apopka recycles day beatric was able to be out at that one and helped us recycle 4,255 lbs of electronics and 400 lb of paper uh that was another one that took place back in the fall and was really appreciated by our U our city we look forward to doing it again the re Across America preparation uh that was we got together with the BFW post and we're able to go and and help them get ready for that event uh the biggest project that our youth took on this year was the celebrating Legends of apaka booklet which they worked on and researching some of apaka Legends putting this book together finding out some great information about them so that we could really honor some of those who've gone before us and as you can see uh their efforts for that book has raised uh the last I counted yesterday was $1,420 for the museum expansion so far and then there was the celebrating ell Po's Legends event uh where they were actually able to go and read and uh remember help remember those Legends who who've gone before us did a fantastic job with that it was a great event and uh finally the last one that they participated in was the Community Day in neighborhood lakes trail head as the celebration of the completion of the the 429 that was another early morning for them they were they were Troopers up there and smiles and uh sharing information about the the trails and and Visions we have for the trails in that area and now without any further Ado I'm going to let them all speak and they uh want to share with you a little bit about what they learned from the council this year again unfortunately Mia was not able to to make it she's uh got some uh some of her pictures up there that she was able to share as uh as you can see some of her future plans hello uh I am Alfred Luna I am a graduate of force Lake Academy and with my time with in the youth Council I was able to learn a variety of skills such as research skills communication skills time management skills and I really do appreciate the many different events that we participated in thank Youk good evening my name is Brian fashio and I am also a graduate of for sake Academy um after being on the apka youth Council this year I gained more confidence in my ability as a leader and I believe I have Mr crib to thank for that it was truly an honor to work with him this year thank you um hi my name is beatric Alim I just graduated from apka high school and um this was my fourth my fourth year in the papa youth Council so I've been here for a long time um it was a big chapter of this part of my life of being in high school and I will forever treasure it I really enjoyed being just part of a community I come from Brazil so being part of like a city like a a Clos nit city was really special to me um I learn a lot about responsibility um partnership and just community and now forever take these life lessons going forward um yeah so I thank uh Dr Jackson our previous leader and Stephen cribs for giving me this opportunity so thank you thank you all right okay and then finally um Olivia wasn't she wasn't able to be here with us but she did send me a message that she would like me to read and uh that was as a part of a Propet youth Council I have learned more about every aspect of my city but my favorite part was learning about our community of people who live here whether it be through events celebrating aapka discussions about a pakka's history or even simple conversations with everyday people ayc has opened the doors to countless opportunities to learn about our city but also learn from the people in our community so those were a couple words from Olivia there all right so that was our our youth again thank you all so much for your support with the apaka youth Council grab a picture then I hope Marta here's great grab another picture martta picture did she take she she's in the back okay we'll go ahead and set up and just a final picture and short plug to uh for any of you all that know any 11th or 12th graders in the area the applications for next year's Apopka youth Council are open ch [Music] and Mr C up before you run away uh I I'm still uh concerned about our youth C so attending the Florida lead Ci's convention uh other youth Council will be present and and once again I would like for po the youth Council to participate in that Convention as well uh absolutely actually this coming year for the uh Florida League of cities conference since it is in Hollywood Florida they're actually not doing a portion for the Youth Council they're having a summit in September which I've already talked to September October which I've already spoken with the mayor that our youth will be attending and that'll be in D Florida all right thank right thank you thanks Ste all right Mr Williams good evening mayor commissioner rather Williams Parks and Recreation director uh I'm here tonight to give a brief uh some brief updates on the capital projects we've been working on in the department I know there's a lot of interest around these uh amenity upgrades that we've been working on so just give you a quick update on where we're at uh first off here's the list of the the larger active projects we're working on uh you see there's quite a list uh we are excited to finally be moving out of the or wrapping up the design process on a good portion of these and we'll be moving into construction uh in late 2024 so just to go through the list we have the apopa skate park pump track which is a CRA funded project uh tennis pickleball facility phase one uh Northwest Recreation Complex inclusive playground in sensory garden Northwest Recreation Complex exit Road and parking which is going to be right there at the new inclusive playground uh Northwest Recreation Complex new multi-purpose soccer fields phase one uh lighting upgrades and lighting additions at the Northwest Recreation Complex uh the kitland also Park gazebo rebuild project and an aan highland pocket Park which is also a CRA project uh first up we have the skate park pump track we are working with a company uh American ramp company uh as a design build on this as I mentioned it is a CRA project uh budgeted $500,000 the initial design is complete you can see it up there on the screen there are going to be a few tweaks to this as we make sure we stay under that $500,000 budget next steps up on this project uh we're in the process of uh nailing down a date for a a little neighborhood meeting at the Fran Carlton Center which will be where this skate park is located uh final design approval and then construction is tentatively slated for the later part of 20124 so we're excited to get this thing uh rolling our tennis pickle ball facility uh if you remember we split this into three phases uh in our rec impact fee capital budget we're working with a company called helis construction uh we have um a budget of I apologize there typ $1.1 million uh the initial design is complete on this as well uh we will also be scheduling a neighborhood meeting at the Northwest Recreation Complex to provide information to any of the public that would like to come out um next steps will be final design approval and again construction is slated tentatively for late 2024 uh this is estimated at like a six to9 uh week uh construction window so once they get started they'll be moving quick our Northwest Recreation Complex inclusive playground and sensory garden uh we're working with company Rec Services uh this is in the cap uh capital budget for Parks wre at a milon 60,000 we do have the the final design uh with a few last little tweaks uh some renderings are up there on the screen we're excited it's a nice uh large uh upgrade to what we currently have out there the the playground equipment is dated this is also an inclusive playground so it allow for for use by all next steps uh just that final design approval and again late 2024 construction lead times on playgrounds right now are around 24 weeks to build and then install uh this is an overlay of the planned Northwest Recreation exit Road and parking uh in the purple and orange are the locations of the inclusive playground and sensory garden the exit Road will run uh along the fence line to the school uh it will also include two new parking areas these will be grass parking with asphalt paved Loops um to to access them um this will provide a lot of additional parking parking for the playground and then also for the larger events the larger tournaments Amphitheater events that are going on provides another exit access um from from the parking lot back there which can jam up pretty good at gate one multi-purpose soccer fields phase one uh I won't speak too much on this uh I can update you that we do uh on Sunday did release an active bid um to solicit uh contractors to help build these fields uh phase one is uh budgeted for $500,000 um the bid will close on July 18th uh and from there uh we'll be coming back to that next council meeting to award a vendor hopefully so next couple are some LED light upgrades uh pads four five and six um are currently actually last week started upgrading uh from the old uh hylight to the LED light this was budgeted in our current capital budget for Parks and Recreation at $550,000 um starting in July pads 13 and 14 will have lights added there were no lights on those fields currently so we're excited to get lights added on those fields and that'll increase our capacity at nights uh K Nelson Park CBO rebuild also working with rep Services uh the plan for this as discussed at at one of the last meetings was to move more into a a small Amphitheater structure uh at the park since the park is utilized for a lot of community events uh these are just some samples of what those Amphitheater structures look like uh we do have $250,000 budgeted for that and as soon as we uh get the uh rais portion designed uh we'll be able to move forward with that program or that project and finally we have aan Highland pocket park this is a CRA project uh the budget for this is $15,000 this will include a playground structure and some basic Park amenities benches things like that water fountain uh next steps up will be working with Community Development Department to finalize the plat of the property we also have to uh demolish the existing uh structure that is on the property it's an old maintenance complex uh and then we'll finish designing the playground and and construction will come shortly after that so that a brief overview of where we're at with our capital projects we're excited to be uh moving through this list here and and starting to get things moving construction wise and it'll be fast and furious the last six months of this year questions one quick question and this isn't reference to this it was just I run a lot out at the uh Northwest wreck a lot and we I guess expedited the fencing around the amphitheater why did we do that the the F the new fencing yeah so that was uh I was expedited we budgeted additional money this year for Amphitheater upgrades and that was the next thing on the list of that phase plan to to continue the fence line okay there's on the northwest section of that there's a very large gate that for larger vehicles or whatever and right in front of that gate there's a tree planted so we may want to move that yeah we're aware of that okay that tree there and that'll be that'll be relocated okay we're also and the plan those gates are going to remain open unless an event is happening so it won't restrict any access as far as that goes Mr Smith I'm Mr Vasquez I'm good commissioner Anderson Well the the 8 the 800lb gorilla though has not been talked about so tell us that or obviously it's not a capital project but we hope it's a capital project can you speak to the July 19th date yes so we were notified um by the county that we have a tentative date for presenting our tdt AR Grant um application uh that will be me pull up just make sure I got you the right date and time that'll be Friday July 19th uh from between 9: and noon um at that presentation it'll be a 30-minute present well 15-minute presentation with 15minute question and answer um from there the tentative uh scoring for the grant Arc uh committee is set for August 16th which is also a Friday uh also from 9: to to noon so we get through the uh presentation the come back and do a scoring of all the presentations and applications so on that Friday 16th date we should have a good idea of where we're at and then from there it would be awarded uh by the C by the county that October date commission yeah yeah so I'm sorry what dat I was going to have that in my commission as report ask for follow July 19th July so July 19th is our presentation tenative presentation date and August 16th is the tenative scoring date that's committee will meet and score is the scoring correct okay all right super well thank you Ry appreciate any other questions great thank you all right public comment Susan Alber Albert mckimm 3603 golden gem Road OFA good evening Commissioners good evening mayor um on a weekly basis it would appear or mayor becomes more delusional or perhaps more scile or maybe a combination of both he could care less about procedure he could care less about due process he could care less about being truthful and transparent maybe it's about time we took him up on that offer of the drug test you remember that Brian but I would suggest we don't we don't use a piss test I would prefer a sample of your hair now you need to talk to this Council not to me directly you understand in any case uh a test if it was anything like the water test that was supplied on golden gem Road there was no control sample the water test in Golden Jem Road ponds was taken in May the incident occurred back in January today I S Brian Nelson Susan bone and the Commissioners an email regarding the process required to challenge tonight's meeting Susan please record in the minutes that the city failed to reply that tonight I believe that I followed the city attorney's directions as how to challenge the legitimacy of this meeting so I would like that recorded any minutes please does the May believe he can vote on a motion to resend a centure that was brought against him since it would be unlawful for him to vote Dian vas our vice mayor must cheer that motion a tie in that vote then she would carry the motion Let It Be noted in the minutes that I challenge the mayor's assertion that he has the right to be chair on a motion or that he has the right to vote on a motion where the he to resend something that happened at a previous council meeting it's disappointing our commissioner seemed to have gone blind and deaf and our ignoring residents who helped put you on the DI with the respect to last meeting commissioner vasas you suggested that documents I presented to you were different to your own copy of the oath of office I think it's a reasonable question that we requireed to answer that and how that occurred I did email you to see if we could resolve the issue but you never answered me neither did you reply to my offer to provide you with documents the city supplied me with it shows Brian Nelson of that documented liar only commissioner Nesta chose to reply now miss Diane let me ask you a hypothetical question if you're speaking to the council not to individual member if a lead detective on a homicide investigation was given access to government documents that could prove reckless endangerment or negligence and later an event occurred with serious consequences and it became apparent that that detective had failed without good reason to investigate the rose reports but do you think would happen to their career might even a DA consider a prosecution for the city and Resident to become adversarial is not a good example to set for future residents it's been my contention for some time what we need our workshops to bring us together how is it I with without your access to City documents can find 150 pages of documented fiction supplied by your mayor these include his assertion that there was only 50 million gallons of water in the Retention Ponds the city's own documentation to the D suggests there was 108 million gallons the city's expert suggested there's 300 million gallons what I would like to know is where did those other 190 million gallons come from it came from off that was contaminated with toxins ddts cyanide arsenic all sorts of things you are [Music] an Janette sh mayor Commissioners and platform guests my name is jat Scofield I reside at 1489 Lake Opal Drive and in rosville Smith 1477 Lake Opal Drive to the Phelps 1471 at Lake Opal Drive the reason why we're here is because we've taken different Avenues on different timelines to try to remedy the problem initially i' spoken to Mr her at the public work sites off for Cleveland he redirected me to speak with Mr Chambers only for Mr Chambers to tell me it was a my problem I reached out the Brockman site development Loc at in Sanford this will have more meaning as I present to you the gentleman I spoke with was Mr James Huff he redirected me to Mr Green only for Mr Green to redirect me to someone that works for in my home Mr tinson at the end of the day I felt like I was just being insulted not realizing I was being redirected to a different staff member so what I did I asked for feedback because Mr herb said oh I'd come out to your home he had given me a day fortunately I was able to work but I've invested into a ring camera according to my ring camera didn't see any activity in my backyard so I called back and I said if you use some form of a drone give me update give me your findings let me know what you determin as of today June 19 2024 I haven't gotten any feedback so I reached out to my neighbors and we had decided we needed to come together because they're experiencing what I'm experiencing and their path was the exact same path but on a different timeline we were being redirected I'm here to plead our case for Lake opal Estates I have a PowerPoint and I've given you a hard copy just in case you would like to jot down some notes the cause and effect of Emerson Point phase one APLE Florida I have a picture of South Apopka our subdivision or you can say community is located in South oh I didn't mean to go back we going to Omit this it's located in South OFA but my address says a popka lakeo States this is the entry as you can see they're heels they're small but they're heels when the development was built walls were put to divide the homes to petition each home from the other which was a necessity and that goes along with what I'm going to end up saying right here the first slide is a picture and I do not own a copy of the photos is a copy of Lake opal the blue area is my home right behind my home you will see is nothing but Greenery currently that's Emon point if you look at the second slide it's a wider more enlarged view you see 0710 769 680 that's Lake opal the street which we reside on those are our homes homes right behind our home was Greenery that's why we're here The Greenery was the attraction but because the greenery has been removed we are having a major problem this is a picture of my home once again as you can see is on the incline it's a hill this is a picture of my backyard and neighboring yard once again USC Greenery it say this is the secured foundation of the backyard and neighboring homes that was highly decorated with nature including a view of lake opal this is a side view of a wall my wall once again the whole purpose is to show you the elevation how everything was stabled we had come home to discover our backyard had been altered this is the initial phase of Emerson por phase one the removal of the greenery behind 1489 I just chose to use my address but their address is the same thing happened instead of giving you multiple pictures and neighboring homes this is them removing more and more of the greenery this was the final clearing stage of Emerson point this is what it looked like nothing I didn't learn until I'd come home after ring and as a result of the removal of the greenery and restructuring of the land formation the land form has been damaged when it rains the dirt is rerouted down here to Emon Point's retention Pond this is a safety hazard and has created a level of uncertainty of the state of our homes as you can see the dirt goes downward it doesn't stay on our property we're concerned about our investment today and tomorrow it's wash out when did all this happen it's curring right now okay so erson why would it be the first Emerson is right behind us the dirt is being rerouted into Emerson points retention Pond our home is up higher let me go back I was hold up no I'm just it just interesting point phase one oh I guess that's with an e on the phase one is when they removed everything okay okay and that's when when was that you last year last year okay and I reached out to Brockman and I did speak with different people and all they did was redirect me to a different person and they would say what did the first person say what did the first person say and then they would say well we had come out we had come out out so I asked would you give me a date and time when you came out so I checked my ring camera no one had been out so I called back and I said according to my ring camera I didn't have any visitation did you use a drone then they said we'll get back with you then once again okay well I'll make you this commitment I'll have hold on let me continue show you I'm not finished and this is Inon point right behind my home okay and this is where our property is going down going downward and it's being deposited into Emerson Point retention Pond and that's why I said as an example when it rains it pours into Emerson Point retention Pond we need help you have anything to say okay thank you can I get a if you I don't have anybody from public services I don't think here tonight I spoke with Mr her from Public Works he was the first person I spoke to for him to have Mr Chambers only for him to have Mr Chambers call me so does he have your contact information and all he stated was it's not his problem it was a my problem so that's why we're here today Susan has it Susan has it okay good you got your contact information is on the card yes number and email address yes sir okay great I will give back to you tomorrow thank you so much and I look forward to we look forward to hearing from you got it thank you and this is the IM okay R olon 3156 Rolling Hills LAN the poka mayor Commissioners we look to you to help us grow smarter when you look at our roads you look at our sidewalks you look at our reclaimed water restrictions you look at our school overcrowding we need to do it differently we need to do it better we must do a better job in our staffing when you look at the fact that 15 of our employees got a 30% plus raise 29 over 20% and 24 over 15% that's nearly one in five of every employee got a significant bump and pay no objection to the bump and pay the question is how many good candidates did we lose because we weren't competitive how many people did we lose because we weren't competitive how many staff did we lose do we conduct exit and post exit interviews exit interviews are kind of like just the basis point because if you're asking Rod why he's leaving I'm leaving for a better job I'm leaving better pay and it's closer to home when you talk to him in a postex an interview 90 to 180 days after you find out the real reason Rod left and Rod left that SOB I worked for we didn't have the supplies we needs they will tell you because they're not banking on you for a reference industry does annual surveys in my industry sub cute rehab we did them quarterly sometimes monthly and if we lost a key personnel we did it daily just to make sure we stayed competitive that's how competitive the rehab industry was I've encouraged you in the budget process as I did last year again this year to meet individually with each department you need to do a SWAT analysis strengths weaknesses opportunities and threats we need to determine if we have the right staff we need to determine whether or not we have the right number of Staff do we have the equipment supplies and materials necessary to do the job the way it's supposed to be done I just glance through the expenses and if I'm wrong in it I apologize but in 5224 we paid $120 for 500 business cards you can get a quality business card for $ 20 to $40 we need to look at everything we're spending NFPA standards say we need 1.53 firefighters for every thousand residents that equates to 90 firefighters for Department of Labor indicates that we need 2.53 police officers which comes to 149 police officers per and that doesn't Factor in the 35 square miles that we cover one the largest cities in the county we need to have additional staff no one wants to see a critical event be the trigger for our Police Department to staff to where they need did be need to be RFP for Northwest Recreational Complex I looked at it's very bag doesn't expel out things you look at at the time was built 38,000 residents four tennis courts four volleyball courts 12 baseball softball fields 16 multi multi-purpose Fields today with 159 9,000 that should be six tennis courts six volleyball courts 18 softball and baseball fields and 24 multi-purpose Fields the RFP should address at least the minimum of two tennis courts two volleyball courts six baseball and softball fields and eight multi-purpose Fields just to stay Pace not counting the skate park which glad to see some of that stuff coming on board here and the aspect of bigball Courts the skate park we need to do it we need to do it now how can we effec bid when the bid has no it's nothing it's vague if you look at it we cannot fix yesterday we must not replicate our past fa failures we must stop kicking the can down the road we can't just count on new residents covering what we need now and What needs to go down the road you need to look no further than the delay and fire station number six $2 million more to us the lack of due diligence construction maintenance in golden gem Pond is going to cost us hundreds of thousands of dollars and I guess I'm running out of time but at any rate we need to do it better we need to do it now Stacy Brian Stacy Brian 791 Princeton Drive Claremont Florida I'm a pastor looking for a church facility to rent or by in Apopka to move our church that is currently in Winter Garden to the Apopka area so that answers a lot of questions about why I come to these meetings and I'm not currently a resident at the last meeting I was very sick and I ended up at a fire station um instead of going to the hospital I was trying to avoid that and I ended up going to the emergency room anyway but tonight I want to say a special thank you to l Lieutenant Renee Beasley and to paramedic Lewis Rivera for their quality of service and just quality of care thank you doesn't seem like enough but I really appreciate both of them um tonight I have firsthand knowledge to share with you uh in hopes of affecting change I would ask you to stop the stall tactics to with rais negotiations and honor the men and women who hold oura Community together our firefighters a community is home a community is where you know people have your back and they'll stand up for you no matter what you never want to be in a place to need a firefighter but when you do you're really grateful that they're there uh before the last meeting the last time I needed a firefighter was 21 and a half years ago and we needed a firefighter in the worst possible way on that day my dad was killed instantly in an automobile accident on the Florida Turnpike and I know that a popkid did not service that accident but they still handle these types of things every day in the course of their job so with that and I'm sorry I'm a little bit emotional I'm not trying to be graphic with you but I want to describe to you what my family went through um my dad was killed instantly and had to be cut out of the car the turnpike was closed down for 3 hours both ways uh because the scene was so difficult to clean up um I know that that sounds gruesome I could tell you more specifics but I would become very emotional it's been 21 years there's been a lot of time there the next day we had a visitor at our door my parents own a b owned a business in Downtown Winter Garden and one of the firefighters that serviced the scene of the accident came to check on us just to make sure we were okay wanted to stop by and just make sure that we were doing all right and this ended up being a regular thing for him 1 month later 3 months later 6 months this one on for 2 years it wasn't until around the third or fourth visit that I realized that that day was very difficult for him as well he was struggling with what he had seen and he was struggling with how our lives had changed forever in an instant it could happen to anyone in this room it could happen to anyone on the de so my question to you on the day is if your world came crashing down like mine did would you be able to look these firefighters in the in their face knowing how you've treated them over the last year could you look them in the face knowing how you disrespected them they helped you on your most difficult day showing you their true character and integrity what would you do one month later three months later six months later you see they're going to continue to carry the weight of a popka on their shoulders doing the right thing even when the wrong thing is being done to them they're still going on calls and if the call came in it's Nelson's it's Velasquez it's Anderson it's Smith it's Nesta would you fear that they wouldn't show up would you suddenly realize the power trip that you had been on and not giving them their raise giving everybody in the city a ra but them it's time to do the right thing it's time to respect your people and it's time that they deserve their raises thank you leer Roy Bell lero Mar Helen good evening I want to start with this Jun Jun just to set the record straight the proclamation the Emancipation Proclamation was signed in 1863 it wasn't to free the slave to just free them it was to free them so they could fight for the confet Texas it took two years later for them to find out that they was free I beg the differ today because as some of us in this room today seem to don't even know that and we still enslaved in our minds to this very very this very Administration that we're standing before last meeting a meeting before we had a state representative came to this Podium and stood up and was bragging about the legislation that they passed up in Tallahasse one of them was the heat law where it stopped people from having breaks in the shade and drinking water he also was one of the not the architect but one of the one of the votes that voted for Ry de santz not teaching slavery in school taking slavery out you mention anything about slavery he said it make little white kids feel guilty you can't say gay in school is erasing the history I'm confused because that very same man that stood before us is trying to be reelected and he's sending out a flyer saying that who's on his committee for reelection and it seemed to be everybody on the dasis just trying to get him reelected except commissioner Nester I'm confused we going to help this man continue to erase the black history come in here dressed up and African atti and then we turn around erase history and then we turn around and celebrate Jun do that make sense do that make sense no it don't make sense what makes sense is represent the people not this Administration cuz this Administration don't care nothing about you nothing about me nothing about people of color and it seems like the people of color is the one that empowering this from Tallahasse on down to that chair you don't like to hear the end word but this man raised up with a friend sitting on the front row one of the main to use this N word but that's fine but what I'm trying to tell you is this if you free your mind you're behind a father hey it's wood on 47 East Magnolia Street I come to you tonight again because of a golden gym Road incident I do not believe that the true reports are coming out to the citizens of this community I've U set back for the last four weeks I watched what was going on up here in the city and also been studying gentleman that works for the city I responded to what I said last council meeting a month ago said that the water was treated to what D expected it to be he was correct but without any buttled I was able to do that water sat there for almost two years it went stagnant not only that God created the circle of life the way everything works within the first five months of that pond B existed armored catfish started entering through bird feces Turtles lived in that pond Gators lived in that pond CAD Poes the pond to feed the armored catfish before long we had a a an environment there that was alive it was created by God above and you know I'm telling you the truth God can work miracles but one Miracle can't work fix it's stupid I can't fix it when that see when it opened up that water did go through sand filter itself you're experted yall paid verified that it went straight into the what they called the velv aquifer that's the shallowest water that runs from north to south into the weal River Basin that water was contaminated but when it went in fish algae pollution feces Gators turtles in our drinking water and you told the people oh it's okay it's treated if it's treated so well why do we irrigate our golf courses and our um roadsides with Rec clean water it's nonpotable the health department would throw you all in jail if you started giving people reclaimed water to drink that shut us down so it wasn't safe but you said oh it's okay it was an act of God that was not an act of God onethird of the dirt that was taken out of there was too much the engineer said that we dug down way past what they recommended us digging we got down into the hard pan that weakened a structure that's been there for millions of years we did that not God we put a liner in there that manmade that failed because it's ba it's Foundation was not strong enough to hold the millions of gallons of water up and we are the ones that injected it into what our children dream you over time it will clear up CU waterers constantly flowing underground it was got it was not an act of God Valerie spok spoken yeah I'm sorry SP sorry um I just I didn't I just came here for the Jun originally but since they had the open card I do want to say that I am a part of the Jun team committee but that's not why I'm up here I'm up here because I'm opening a soul food restaurant right here on Fifth Street um just like Mama Soul Food and wings and um I wanted to say that I'm a teacher I've been a teacher for 5 years my mom is a retired law enforcement officer she just walked out know she going to be upset that she missed me talking um my oldest daughter is is an attorney for DTF um my son is a junior in college um and my baby um has the honor Ro in at her young age I said all that to say um it doesn't matter what we do to become educated people or upstanding citizens sometimes we still run into trouble and I'm saying this and I'm talking to everybody but Mr Nesta um helped me with teaching me telling me about the C program I haven't tapped into that quite yet but he did tell me about that and I appreciate that but at the same time you don't know this I didn't want to bother you but I've been having some trouble with people keep calling code enforcement so it's been hindering some of my growth and process I've I started I told told my mom that I would open a restaurant in January and my set my grand opening date to July 7th and I've been catching hell from some city code enforcement people since we started and even though I know that God is powerful I think you guys should know this like this been tough and some of the stuff that they deem me on when I got the architect he said there's no way nobody should be putting you a stop order on working for this wall that is not even a permanent uh wall but anyway that's neither here there or there but like I said no matter if you're ex law enforcement like my mom or educator like me or I raiseed an attorney it doesn't matter the color of your skin if somebody doesn't like you and just want to call because I know who it is but I can't prove it but it doesn't matter who you are if you got drunk going on you guys should know that that's not right you know that's not feasible that's not correct way to handle things you should do stuff in law um um in order so I just said that to say um that about my restaurant I've had a tough road but it's going to be successful because I believe in God and I trust in him with everything in me so just want to tell y'all that thank you it all right okay let's see consent agenda items we have sevenes anybody need to pull any of the consent agenda items if not look for a motion to approve don't need to pull I just want to say um I'm glad we're reappointing uh Robert Ryan to the Planning Commission he asks a lot of good questions and I appreciate his his mindset and in just prodding uh developers and all that so with that I will move to approve the consent he you got a motion by commissioner Nesta second second by commissioner Velasquez all those in favor I I'll oppos motion carries unanimously next up Lux Car Wash Jean Sanchez good evening Jean Sanchez with the Community Development Department this is a request to approve the Lux Car Wash plat the subject property is located west of Rock Springs Road and Waba Park Town Homes south of Tanglewood Drive and north of Walch Road approximately 4.59 acres in size the applicant has submitted the plat to combine parcels and create three lots as well as tracked a private Drive drainage and utility easements a car wash use is intended to be constructed on lot three and a construction site plan for retail store and auto repair uses on lot one is undergoing development review the plat is consistent with the Lux Car Wash construction site plan approved by the development Review Committee on March 27 2024 the DRC recommends approval at its meeting on June 11 2024 Planning Commission unanimously recommended approval of the pl the recommended motion is to approve the plat staff and applicant are available for questions okay any questions from Jean anybody from public wish to speak on this matter it's not it's not just directly to the car wash and general but in all new construction Channel 9 has special night on new beach they put a moratorium on construction until they get the infrastructure y'all said we can't do it I don't understand y'all are getting ready to change the zone to 50 acres off of uh Golden gy Road area Effy Road for new it's going to be a new houses I have no problem with with growth we need houses but we got it we will start digging out houses in so we can have infrastructure we got to do something anybody else wish to speak on this matter not we'll close the public hearing look for motion to approve the plat for the Lux car walk so got a motion by commissioner Smith second second by commissioner Anderson all those in favor I all opposed motion carries unanimously next one up The Bu n now um just question why does this one say quasa judicial Susan yeah on the script I is there a reason why it's huh yeah that's just a carryover from Planning Commission when we title Planning Commission this is a c a Judicial matter because it's a site plan that's all it is okay okay all right thank you all right June come on down good evening this is genone planner 2 the following item is an application for the major development plan of Industrial Development located at 315 South fresia Road the total size of the property is about 5.8 acre and it's future land use is industrial and Zoning is light industrial purpose Total Building area is about 55,000 Square ft which includes about 12,000 Square ft of office spaces and about 43,000 Square ft of Warehouse spaces the plan has total 134 parking spaces including nine accessible parkings and seven electr vehicle parking spaces there are also seven loading spaces open space is about 20% of the property it's it is a stamp pond with a pedestrian path and benches development Review Committee recommends approval and at the meeting on June 11th 2024 the Planning Commission has anonymously recommended approval of brunes Commerce Park major development plan subject to finding its the St staff report recommended motion is approval of De approval of brage Commerce Park major development plan planning staff and applicant are here to respond to any questions okay any questions for June or the developer anybody from the public wish to speak on this matter not we'll close the public hearing look for a motion to approve the major development plan for the Bashi Commerce Park don't everybody jump at once um that's that's interesting I just saw that we own the property behind it city of apka that's the uh which one is that is that our lift station that's the is that what that's what that is okay so what are we doing looking for a motion to approve the major development plan for Bachi Commerce Park okay so move got a motion by commissioner Velasquez second second by commissioner Smith all those in favor all oppos motion carries unanimously next up Ridge partial 6C for the record Jean Sanchez with the Community Development Department this a request to approve the ridge parcel 6C major development plan the subject property is situated on the Southeast corner of Bion and Boy Scout Road approximately 13 acres in size the ridge the ridge par parcel 60 major development plan is the Western most parcel of the ridge PD proposing development of 6,000 square ft of food market area a gas station and four office warehouse buildings with 25,000 ft of area on 11.3 developable Acres the office warehouse buildings are each broken down into 10,000 square ft of office use and 15,000 square ft of Warehouse use the proposed height is 32 ft while the maximum permitted is 50 ft the applicant also proposes an open space area of over two acres in addition to the community amenity area and parcel 8 of The Ridge PD ingr and egas are on Bronson Lake Drive Bion Road as well as the southern boundary limit the applicant proposes a left turn lane on benyan road as well the DRC recommends approval the recom at its meeting on June 11 2024 the Planning Commission unanimously recommended approval of the ridge parcel 6C major development plan the recommended motion is to approve the ridge parcel C major development plans staff and applicant are available for questions any question for G anybody from the public we speak on this matter not we close the public hearing L for a motion to approve the major development plant for the ridge parcel sea so Mo got a motion by commissioner Vasquez second second by commission Anderson okay second by commission Anderson all those in favor I all oppose motion carries next up Bion Road oo poer Road Golden Jim Road is that it I guess that's it yes Pam Richmond good evening this is an agenda item that's been a long time coming we've been um trying to get some things done on these roads for several years um actually I want to start with the co Pap Road um maybe three years ago when development started coming in we all acknowledged something needed to be done there in fact I remember commissioner Smith looking at me and saying I don't want to hear that it's Orange County's Road I want to hear what we're going to do so we have two um agreements in place with different developers to help us take care of that problem I do want to mention that we worked with Orange County on many many occasions trying to get them to help us fix some of these roads because it is their Road and they're extremely expensive to fix and I will tell you that staff said no not doing anything and the current County Commissioner stood in my office upstairs and said it wasn't a priority of hers and at that time I knew that we had to take this on on our own and that's when we started partnering with um developers so the first road that I'm going to ask you to um approve taking to become a city asset is aoya popular Ro the southern just south of Keen Road to uh about Austin Bay Boulevard where uh it turns into four lanes and then from Harmon Road up to 13th Street we had originally planned on going all the way up to uh Hawthorne but there are some issues between Hawthorne and 13th Street there is a storm water issue that's why we never took the road before the county has committed to fixing that but I haven't seen it yet there are some other issues there that I think that Count's better uh able to handle RightWay issues social justice issues that um I think our money is better spent going from 13th Street to South the king along there we're going to you've seen all new seen the new signal at Maran Road um the signal at Keen Road is is underd design um and I also tell y'all at this point that another reason to take these roads I know you're going to say this is a lot of money for us to take on but using the Martin Road signal as an example that was done under the permitting and um review of Orange County it took two extra years and cost between 4 and $600,000 more we all use the same standards it's just things always come up with Orange County they keep changing their mind about what they want too many spoons in the pot in my opinion if we just had the road we would just go out there and do it to our standards Orange County standards and Dot standards so that's the the first road that I wanted yall to be aware with we did get a deal out of this one yes thank you mayor for helping with that um when the county heard we were taking the road they pulled a project they were supposed to resurface that four-lane segment and they pulled it but we knew about that so they have to resurface the four-lane segment by the hospital it's really bad I I I know y'all know that and the other thing is they're going to give us um um a I wrote in here how big it is a nice parcel AC and um even the county is excited about a park coming in there so um that might be a project that we'll work together with the county on and and with the Ridge and with the ridge yes yeah a um the hospital and we have it could be a multi- partner it could be a really nice thing um so that that's the first project let me go back to Bion Road and and I don't do you'all want to take them all is one or do you want to we one at a time you want take I just think maybe we probably should that way you know somebody got hung up on one of them or the other one so uh let's see I look for a motion to approve the okoi popka road improvements including the the park maybe coming our way so move got a motion by commissioner Smith can I just where's this park going it's oh um let me point to it just north of the 414 overpass on the pocoo it's on the the west side west side yeah and it it's an old landfill that we owned at one at one point then the county owned it at one point it's been closed for decades because but it's not it's not a nasty landfill It's like got concrete and stuff like that so we don't have to worry about anything being under there what a deal we're getting yeah we tried to get the to buy it but uh um well for what we have in mind it's actually perfect and I will tell you I've been tromping around on that site I at least had the sense to put some sneakers on and I climbed over barbwire fences and I only fell twice and um it's a lovely she the mayor which probably was his fault and then to to confirm too the the portion that they're going to resurface are we making sure that we're timing that when we're doing our upgrades as well so that we don't have one section that's new one section that's no they're doing it as soon as possible I've been promised even though it says different in the agreement that they have I don't know how many months they're going to try and get it done um in this fiscal year like by October we're we're not finished designing we're a couple years away from doing um any widening construction okay we we just started the um we have some um things to work out on the southern piece and um we have the scope to do the design for the widening piece that's one of the things that our partners at the ridge are going to they're going to do the design but we're going forward with the the signal at Key now because I think everybody would agree we need that um turn Lanes we've kind of got this Gap stop thing in there until we have all the money and the resource to do it we're talking 20 million do on each segment so um we're getting there okay thank you okay so first I guess we need anybody want to speak on the apopo co taking I guess if not look for motion to approve the KO of poka Road um transfer from Orange County to AP popka so move got a motion by commissioner Smith second second by commissioner Vasquez all those in favor I I'll oppose motion carries unanimously next up Bion Road uh Bion Road is um uh a little different we have a an interchange going in near a half interchange going in near Boy Scout and after conversations with um the expressway we decided that it was better if we own the road because we have too many agencies trying to make decisions about something that we're going to ultimately own so we're going to take the road from um south of Haron the road is actually um a Palm Drive and we're going to go to Hayden um um Hayden Valley Drive which is just North of lust and the reason we're doing that is because we have uh design plans for a roundabout at Harmon Road U we did a um we put a turn lane there just until we could get this designed we need we need a safety Improvement there the vistas at Water's Edge they've had cars run through there on numerous occasions um there's getting to be enough traffic um we need to slow the traffic down the the roundabout will help with that um and we need to control traffic a little better because Harmon Road's getting a lot busier and then on the North End in preparation for the school that will eventually come in and the buildout at Aven point we have to do something at lust so we're designing a roundabout there too um and the reason I'm going a little bit beyond harm and and lust is so that when we come into design we control the whole project we don't have to um have that coordination with Orange County but I will tell you again that our standards are exactly the same as orange counties and dos it's just when you have too many people trying to make the same decision it just drags it out and costs more money so um for the purposes of uh having a successful interchange and being able to do other roadway improvements out there um I I'm asking that you would um allow us to have that road transferred to the service position and then we control everything out there okay any other questions on bignan if not look for a motion to approve the Bion Road transfer from Orange County to the city of Apopka so got a motion by commissioner Velasquez second second by commissioner Anderson all those in favor I all opposed motion carries unanimously golden gem golden gem Road um I stood here about a million times talking about golden gem Road and we finally come to an agreement with Orange County there's been a lot of misinformation about their Orange County was going to give us this or that the reality is it's a $13 million fix to bring it up to City standards and the county is comfortable with us taking the northern half which is actually the most expensive half uh and we're that's already under design we're probably at 60% and we actually do have the funding through the Kelly Park uh pioneering agreement to get that piece done there'll be a signal at uh golden gem and and Kelly Park I I just want to add at this point Orange County um has invited us to partner with them it's called the Northwest Orange County areawide transportation Network study and they have a neat acronym for it anyway um we are going to be their partner in it a full partner um and it encompasses all of apaka it's pretty much our jpa area and then on up there where I live up by taring all the way around them and um the county is not going to be making any roadway improvements up here until that study's done it'll take about a year to do the study and then you probably won't start seeing them do any roadway improvements from that study for two or three years now I know that they have some money um so we're just going to have to work with them and make sure that we get our priorities um in there you've got a new school coming in up there potentially the high school um there are going to be some issues up there and when I spoke with John Weiss about the project um I he asked me because we're adopting our transportation element in a couple months um he asked me were we prepared to amend it and I said probably we're all going to be amending all our plans because you haven't studied up here for a while but this is a great opportunity but we can't we we're Kelly Park Road is we're at 60% design there are five signals going in on Kelly Park Road you've got golden gem sadders going in Fe has been extended um we're supposed to design the other piece of Saddler to get to Plymouth sento all this is part of the kpi agreement and so we're just doing the northern half in the county like I said they're okay their their southern half is not as bad as the northern half and um they think that this is fair so I'm asking you to uh take um that part of golden gem Road also let us finish the design and get it constructed to City standards any questions for Pam golden Jim oh I should have showed you the there these are the limits it's Capital replay do you have golden gem on the it's can I'm sorry my Graphics skills are really rusty I haven't done one of these in a long time it's the blue line oh okay and and and the southern Terminus is called Capital Reef way it's the entrance to the that new residential subdivision there the only problem that I you know the only problem that I see is we're only doing half of the road yes ma'am Orange County knows that and they're okay with it they are yes I mean I drive that road for me the entire road is in the same condition most of our impacts were at the Northern end and we started getting calls about golden gem before anything even happened in the kpi other than the interchange going in right which tells me that it's people coming from unincorporated Orange County and Lake County um running over here to get to um The Interchange we we can't fix all of Orange County's roads and like I said this is a $13 million project and I can tell you right now we're out of money I mean after we do this I'm I'm hoping enough money comes in to get this one done the the county hasn't done a single project in the city of apka since I've been here and I can't find I can't find a roadway project in a poka that they've done in 10 years so I don't feel bad about asking you just to accept half the road and let Orange County do the the southern half it's the easier half it's the cheaper half and um the northern half needs to be done that's where the impacts of our projects are Pam to that that question I'm sorry Comm the the I know we we're trying to look at we were looking at impact numbers that Orange County's collected two years ago I identifi that's all that I identified there were there was $22 million I have no idea what it got spent on because it didn't get SP 22 million was was impact fees in Northwest Orange County and but no projects okay I I there were no projects that I could find but I could find projects and calculated the impact fees and road or lake view or any of the roads that we know are okay not a signal not a turn lane okay any other questions for Pam before we open it up okay okay come on down like to congratulate Pam on our negotiating skills but uh I do have a query because I remember that when we were here discussing the pioneering agreement it was said that golden gem Road would not be part of that pioneering agreement I have this on video and it's a it's it's no doubt in my recollection that's what was said at the time so if that's changed I'm happy to hear that having a look at where the road stops it stops just at Capital Reef way which is where Park View preserve is Park View preserve is just a few weeks ago had a new platin agreement for I think another hundred and something houses so in Park View preserve where they stop in the road there's actually 286 homes going in there my property is next door and again we are developing that property I believe that we've got application in for 56 homes we had been appointed 100 but we're going for a higher for a good for a lower density and a higher quality home it just seems that we know there's more impact fees coming in from those areas wouldn't it make more sense just to extend the road a little bit further down into the entry of the Retention Ponds in golden gem Road that's where you know it's it's it's not much longer maybe I don't know quarter a mile half a mile it just seems that if you've done such a good job to go negotiating with Orange County just now why don't we negotiate a little bit harder see if there's something they can give us to take the road down just a little bit further that will benefit all of the community not just those are benefiting from it because of the pioneering agreement let's check to see when the change was made in the pioneering agreement because Jacob Schumer was also here here and said golden Jeb wasn't included anybody else from the public wants to speak on this one okay if not look for a motion to approve the golden JY Road transfer from Orange County the the the southern no Northern portion of golden gem Road from Orange County to the city of Apopka before we move to confirm that it was added to the pioneering agreement it it was always a part of it we always were allowed to use money that's coming into that espro account to pay for this that's where the money is coming from okay I I was under the impression too that this was not included in the Ping agement so it's the there a lot of components of the pioneering agreement um the main focus of the pioneering agreement is to do Kelly Park Road sure and then after that nothing nothing gets done until Kelly Park Road is constructed nobody gets impact fee credits nobody gets paid back for anything but we as the city we can use some of that money I happened to budget before the pioneering agreement the money to do the design but the construction money is coming out of that esro account okay good to hear thank you awesome all right look for a motion to approve the golden gem Road transfer from Orange County to the city of Apopka so move got a motion by commissioner Smith second second by commissioner Anderson all those in favor I all oppos motion carries unanimously next up we've got the official voting Delegate for the Florida League of cities annual conference you know we guess everybody is going down to Hollywood yes and I think commissioner Velasquez and commissioner Smith have both done been delegate commissioner Nessie you have not right I did it last year you did it last year okay so if y'all would I would love to have commissioner Anderson if she hasn't done it before let her do it but whatever y'all want to do are you going to the Florida lead yes okay is there there it is we got it all right that's what we need okay so we'll uh we determined we'll I probably ought to do this officially since we got to okay um we want to make a motion to designate commissioner Anderson as our official voting Delegate for the Florida League of cities annual conference this year so got motion by commissioner Smith second second by commissioner NE uh commissioner Velasquez all those in favor I all oppos motion carries unanimously just so you know what they'll do is they'll they we we want to get this in front of it but what they'll do is they'll send us kind of a position papers that you know here's what we see coming up in the next legislative session here's where we as the league of cities want to to go I mean you have to go with their their recommendation but they'll bring forward issues that we we think we'll see in Tallahassee that that we want to we want to weigh in on with our legislative delegation so they'll keep you informed but we will let them know okay next up um ethics complaint and findings of no problem calls by Cliff sheeper all right good evening Council uh my age is showing that's why I got my glasses on this first item is a fairly standard item in fact I did this same item uh last night for the mayor of Eatonville reimbursement of legal fees they ended up taking it because they only had four of their five Council people um but at any rate what happens is when an Ethics complaint is filed or a criminal charges lodged against a elected official for things that they do in the course of their work um and if they are exonerated or if they're otherwise found no probable cause or found out guilty or whatever the appropriate standard is then they can seek from you all reimbursement of legal fees um in this case there was an Ethics complaint filed against mayor Nelson and that was in case number 23- 253 I'm going to read the summary of the um agenda item and then I'm going to read the brief section of the member that you need in order to make the determination tonight so in summary and this is for people I know you all know but other people here or online may not know the commission on ethics sent a letter dated October 26 2023 to Mayor Brian Nelson that a complaint had been filed against him by Kelly butcher the letter explained that the complaint would be preliminarily reviewed by the agency to determine whether the allegations were legally sufficient and whether the any possible violations of law had been sufficiently alleged attached to the to the correspondence was a copy of Miss butcher's complaint which listed accusations regarding the handling of attorney Michael Rodriguez's employment status and City's use of resources for the next step Foundation the complaint also included a reference to Mayor Nelson Cure by the city council concerning attorney Rodriguez's employment status the commission on ethics met on June 7th 2024 and adopted The Advocates recommendation of no probable cause and dismissed the complaint filed against mayor Nelson attorney Mark herin of the law firm Messer caparello represented mayor Nelson during the proceedings the complaint was filed against mayor Nelson acting in His official capacity and the complaint was dismissed as such mayor Nelson is requesting the city reimburse his legal fees in the amount of $1,527 ents a memo explaining the council's finding necessary to make this reimbursement is attached now I want to point out here on the sheet before I go to the memo that in terms of where the money comes from I have no idea it maybe it's supposed to come from legal services I don't know whether it comes from Administration that's something that I don't have any knowledge of so but somewhere between you guys and blanch you'll have to figure out if you make the determination to make the reimbursement um in terms of the memo the standard that you apply to whether to make this reimbursement is number one did the acts alleged in the complaint against the official arised from the performance of his or her official duties and number two was a public purpose being served at the time of such acts if the council answers yes to both questions affirmatively or answers both questions affirmatively reimbursement of the official's legal expenses is required this is a matter of common law meaning law that's made over the centuries by the courts uh from the findings of The Advocates recommendation which is a copy attached uh it would appear to me that those findings are supported by the record but it's the council's Judgment that matters somebody might ask the question so I'm going to get ahead of it why are you even inserting your view it is because where it's appropriate for the lawyer to insert their view is when if you get it wrong you might end up with a legal proceeding that's the only reason but ultimately whatever judgment you make I will defend this question well to confirm too the mayor can't vote on this item because it concerns him yes can't uh let me explain that to you because I also anticipated that question let me pull the uh issue up this is a uh your question about whether there is a um conflict of interest the conflict of interest law deals with whether there is a special private gain or loss to the individual and it means an economic benefit or harm that Ure to the officer his or her relative business associate or principal and in this case because the reimbursement is not making him better off it's simply putting him back where he was before the ethics complaint was determined to be no probable cause there's no special private gain or loss that's going to be a similar answer to the next question which comes up and I'll explain that at that time if necessary but that's why he can vote similar to what would happen as an example as an exception to the otherwise conflicts is you all get to vote on your salaries if somebody proposes a raise you don't have to disqualify yourself because it applies to your raise so well that that's more if there's more than one at that point though that's it specifically that's more than one person that when we can all vote on our this is one specific person that's correct so and it does specifically benefit him financially it puts him back where he was before the complaint so I mean I'm not going to argue with how you interpret it but that's the reason he can do it interesting should he also be chairing this motion as well uh that's matter of your own procedure there's nothing in the ethics rules that would say he couldn't and there's certainly nothing in your Charter that would say he couldn't so in reference to our Charter to it goes into that we can decide and create our own rules procedure yes so right now we can choose to either follow Robert jwes of orders Kangaroo Court we can do anything we want you absolutely could if you had enough votes to get there yes okay I think in the best interest of the public if vice mayor will Carri the motion well any other questions I mean we we'll I'll be happy to sit down and let the public do whatever you want to do I'm just here as long as you need me yeah I think and I don't have any more questions personally for you right now uh what I'd like to do is have the commission agree to use Robert Jules of order to move forward with this which would then put uh vice mayor as chair of this item is there a reason why we are using the rber rules and not using the sunshine state laws it's well I I think in the best interest of the public If the vice mayor would carry the motion assume the chair at this point well let's we got oh we needed for public comment so anybody from the public want to speak on this one Albert McKim 3603 golden gam Road uh in terms of what we were presented just now uh it's seems to me there's a difference that the uh attorney suggested that there was let me just look at the the words no probable cause that's not the same as no guilty what it means is the burden of proof that had to be supplied wasn't up to that state however I would remind the commission that this was a a Mee where no public was allowed and there was no comment the only comment was from a person whose name should have been redacted tonight her status is such that you shouldn't have used her name City attorney used her name twice so be aware that was something you shouldn't have done in terms of the next motion we got to to look at things what I would remind you is the residents were here the residents petitioned you for that vote of censor against the mayor it wasn't just your decision it was based on how we felt how he lied so in considering for this next step after this one is Please be aware it doesn't matter whether you decide he lied tonight or not I have 150 page document on the pawns at golden gem road that are going to show he's a documented Li yeah Leroy Bale Mar hel uh I I can't wrap my mind around that this man he get to come up in here and lie the complaint it didn't exonerate him it didn't exonerate him that mean he lied still they just didn't they just didn't have enough to say guilty or not guilty that's what the complaint said out of tahaza now what that bring us to that bring us to that we know that this commission was only three people when this was made commissioner Nester deare commissioner Diane and at the time commissioner Becker commissioner Smith conveniently wasn't here for that boote but tonight he here and I think he might be here to serve his call along with the new elector but as a minister it say in the Ten Commandment that shall not lie this man clearly told a lie if you remember you have an ethic violation against you when the man came out from Advent and redid New Hope if I remember correctly you came to the city because you was a city councilman and when they put the ethic violation on you you asked for a lawyer it ain't that for back I know you can remember and they told you no you got to get your own the man said to your left is no better than you he had to get representation for the lie that he told must was a pretty good lawyer because the lawyer got up there and got and boy so don't you believe the Lord should be paid was he doing it for you was he doing it for you or you he was doing it for himself so what I think should happen here is a wash he need to pay his bills and we need to stick to the same vote that was voted on the first go round if not then this man get to do anything he wanted he already you already to gave him the give him the power to change the minutes he can go in and do what what we're looking at now we're looking at we' just seen this what couple of weeks ago when Trump was in at court and everybody showed up with their red neck Ties on this is what he's trying to do right here come on stand up stand up stand up for the people in the Popa one time one time and and and and the smirk on your face really don't mean a thing to me you're showing your true colors I know this man Bank R half of your your campaigns and stuff but the people voted for you people still got hope for you stand up anybody else all right right close the public hearing and sure clear because I don't want any confusion on this matter the first one has to do with the allegation that Miss butcher's name should not be used the statute they're talking about you might have heard in the vernacular it's called Marcy's law it's chapter 119071 to J1 you will be listening carefully and you'll note that you will not hear the word name anywhere in the statute any information not otherwise held otherwise held confidential or exempt from 19071 which is the public record statute which reveals the home or employment telephone number home or employment address or personal assets of a person who has been the victim of and then I will for the benefit of Miss butcher not read all the things that make it make you qualify for that but but she has claimed to be in one of those categories uh if if upon her request and verification critically verification that a crime has been has occurred then the information is not public record so things like address and so forth uh a claim was made today that she fell into one of the protected categories as yet no verification of that claim has been made and the only thing that's been mentioned by me is her name which is not exempt regardless so that's the first thing the second thing is um there was a reference just made to uh the mayor paying his own bills and you know but the public wouldn't know unless they've seen the packet that there is evidence that the bills were paid uh by the mayor prior to tonight so that's not the issue the the attorney has already been paid and again just so we're on the same page the issue to be determined by you is really two things did the alleged acts of the complaint against the official from performance of his or her official duties that's step one step two was a public purpose being served that is the limitation on whether you do or don't reimburse the fees you have to find both things to be present or not and if you find they're present reimbursement is automatic if you find they not it's not but you might be in proceeding can you repeat those two questions again sure they're they're they're in the memo but they are did did the acts alleged in the complaint which you have a copy of that in your packet uh alleged against the official arise from the performance of his or her official duties and two was a public purpose being served at the time of such acts um the acts that were complained of were the first first what was it called um Next Step foundation and having a meeting here uh I guess to something about homelessness I don't know much about that and was he acting in His official duties as mayor the second is was a public Pur being served um again those are the two things that you're to consider attorney Shephard one last question for you and sorry I didn't think about this before in your uh memo that you provided you did provide an opinion in there at the bottom right but in your email to commissioner Velasquez earlier today or yesterday you said it would be inappropriate for me to give what would amount to a personal rather than legal opinion with that same question basically that different question was was regarding censure the censure has nothing there's no legal ramifications in terms of the city get sued so that's the difference here if you were to decide not to reimburse there is the potential for the city to face a lawsuit which will be brought by the mayor to get his fees paid back which in this case a court would decide the same questions you decided and determine whether you got them right by reviewing the evidence if the court disagrees with you and orders them paid then you would pay those fees and more fees so that's the reason why this issue has the ability for me tell you that I think if you read the report sort of uh as unbiased as you can there's enough in there to support these two things but at the end of the day as I said if you make a different determination uh I or someone will defend it as best it can be defended okay thank you all right comment yeah I thought I get yeah go ahead well don't know all the legality talk but um if I'm not mistaken the first part of that uh was that the um they had to prove that the mayor was um charge as the lion is that correct attorney I'm the the censure was mentioned in the complaint but ultimate and there there's some discussion of that in the advocate's recommendation but the complaints that allege something that they could at least investigate for probable cause have nothing to do with that it has to do with the use of this facility and whether it was appropriate I was interviewed only about that in terms of who interviewed me one of the whoever the investigator was and then the question is um did what he did uh in that let me go back to the memo uh was a public purpose served well it's an agency as I understand it that deals with homelessness and was looking for a place to do that within the city ofka I think again I wasn't there so those those are the that that is the part of the complaint that the court the um agency went into in detail and could site to a specific statute which was was the mayor misusing his public office I think that was it all right because my my understanding is that he was censored that's different one okay the first part cens is next that's the next item this is not that item just the reimbursement right for the censorship right no the censor is the next item up and and no this she mentioned the censure in the complaint Miss butcher did but when they ultimately did The Advocates report they only focused on whether it was a misuse of his office and that related to the next the home yes correct then I'm out of line so to confirm attorney this is the ethics complaint is completely separate in no way dictates the censure correct that occurred okay it was mentioned in the she threw that in there as a part of her allegations sure but that was not one doesn't influence the other correct got it okay all right so hold on going back to how we're going to run this moving forward commissioner Anderson you said why don't we use the sunshine rules why do you want to do that why it's no the question was close to you why would you want to use the Rob rule it's proper it's what we most do anyways it's what most municipalities use in any capacity Orange County uses it but in this particular inst why are you I've always wanted to use it but you've never stated that before Oh I have recently says I've been on the council no okay no I've said we should always be in a it should always be following the rules as as commissioner Smith or uh yeah um friends have have told us that we should be doing that some other followers have emailed all of us to say that we should be following Robert J's order so I'm doing what the residents want us to do it's what we've been asked to do is use Robert schs of order I don't know if you you know it just came out we've had a couple emails recently to all of us to say update yourself on Robert sches of order let's use Robert jles of water that's what we should be doing but we haven't agreed to we haven't agreed as a c no that's my ask because that's what the residents are asking to do and that's who elected us but we haven't all agreed to yet is that an accurate statement that's correct okay that's what I'm asking is that we do what the residents elected us to do so I would like to use Robert I would move that we use Robert J order moving forward on this item and the next item so let's do a roll call how's that so I vote for it we're doing a roll call to do what if we're going to use that or not which I I ask if the vice mayor would carry the motion I I I don't know why we need to take a vote okay but that's not the same as Robert trolles of order there's there's a specific order and and proper procedure that we've been put all in our mailboxes that so she would be the person that would carry the March only if we're following Robert schules of order so are you agreeing to Roberts of order then that's what I asked do I I just I don't know why we still arguing about it okay let her carry the motion that's not the same thing but that's okay so I if commissioner uh vice mayor Velasquez is moving forward with this and going to be running this perfect are we all in agreement with that then commissioner Anderson what exactly is I'm I'm agreeing to that vice mayor Basquez is going to be moving forward with uh chairing this the mo absolutely yes okay okay well vice mayor I have some points I would like to make before we actually take the vot okay in reference to attorneys being paid that none of us have agreed to or approved in any capacity we had one that was I have an invoice here from June 14th 2023 attention to Mayor Brian Nelson client named city of Apopka this was in reference to a 238 80 opinion letter by William n spola in reference to our Charter uh and reviewing that giving an opinion none of us reviewed this none of us agreed to it uh but it was paid and approved and the client and customer was city of apaka and attention mayor Brian Nelson in His official capacity that's what he did commissioner now you're out of order that's not the item vs that she's about to conduct this is this motion is to whether or not we're going to reimburse the mayor attor for the yeah but he's before we vote on that what he wants to do is I think that's the next motion but it's not the next motion let me finish my uh comment and then you can point of order it if you feel it's appropriate but again we're not doing Robert schuls of order either so that wouldn't apply here on the payments that were made for this attorney uh Messer caparella PA it totals $1,040 is that correct $140 it is and the billing info goes to Brian Nelson at his personal address 1157 Oak Point Circle in Apopka to an email hobo Gator at AOL.com this showed that he wasn't acting in His official capacity he was acting as a private citizen being litigated over lies and ethics complain one he was clearly he felt that he was acting in His official capacity the other one he knew he was not acting in His official capacity and that's why this answers or it helps to answer the two questions that he was not serving public purpose he was serving himself which is why this goes to hobo Gator aol.com it references himself not the mayor not the city of Apopka and a references his private address and that's why he knew that he was not doing the work of the people and this wasn't for a public purpose it was a private purpose that he was serving and I will give back my time I have a question for the attorney so is it the the ethics complaint was filed while he was actually it was in the capacity of his role as a mayor is that accurate because that's what makes him subject to all of you are subject to 112 because you're elected officials he happens to be the mayor but it's because those two questions are in regards to him serving as the mayor at that time when the complaint was filed is that accur otherwise 112 wouldn't okay so the two documents that he's referencing is after the the the fact where the complaint was actually made is that respectfully where the bill was mailed is probably not relevant to the consideration okay thank you it's how the bill was mailed that's what's important it wasn't referencing City bka it wasn't referencing mayor Brian Nelson it was referencing hobo Gator a.com it was referencing Brian Nelson he wasn't he wasn't on his own fishing and then a complaint was filed he was acting in the capacity as the mayor went the allegations so for my understanding based off of the two questions that was asked was he acting in the capacity he was serving in in capacity as the mayor with the when the complaint was filed just because you're elected doesn't mean you're acting in the the way of your job just because we all work different jobs have different things that doesn't mean that I'm working in the capacity of a commissioner when I'm doing going to vote on it tonight is that accurate they were going to vote on if he were acting in the capacity as the May at that time correct so the two bills that were filed was that before the the I'm not getting I'm not understanding the the when the action happened the two bills and that was during if I recall during the discussion with the terminating the the services of the attorney correct that we have voted to terminate the attorney correct and then the mayor went out for opinions without any approval without anybody asking and paid the bill out of City funds does he usually have to request Bo approval prior to no corre so why isn't he doing it now but that's my point because he knew that he was not acting because the law allows him to do that that's why he's doing it now that's the law and and our attorney here who gets paid by the hour also looked right there were three opinions if I'm not mistaken there were three opinions well mayor I know you probably have a script here too because you you don't come off the brain with this so go Ahad and read your script so that we can get through that too look for a motion on this one we'll talk next one so we're looking for a motion on the where is it let me just read this out here and before motion just keep in mind too that nobody we can let this die on the floor if it's motioned it doesn't have to be seconded so you don't have to be the good guy or bad guy you can just let it be in silence and let it move on the citation here you know I didn't get she sorry yeah she didn't I didn't get that the one with the check mark not we already did the public comment yes ask for a motion to approve the reimbursement of legal fees in the amount of 1, 52750 to Mayor Brian melson looking for a motion so second okay we have a motion uh anybody you got Motion in a second you got a thank you we've got a motion in a second all in favor I all against no I also say no okay the next the next item is the resending resending the centor of Mayor Nelson presented by Cliff Shephard uh yes this is at the request of Mayor Nelson and the request is to consider whether to resend his censure by city council again I'll read the summary the commission on ethics sent a letter dated October 26 2023 to Mayor Brian Nelson that a complaint was filed by Kelly butcher against regarding the mayor attached to the correspondence was a copy of Miss butcher's complaint and also mentioned and included a copy of Mayor Nelson centure by city council over statements he made about attorney Rodriguez's employment status the commission of Ethics met on June 7th 2024 and adopted the advocate's recommendation of no probable cause and dismissed the complaint filed against mayor Nelson mayor Nelson is requesting that resolution 2023-2024 there's no funding necessary and this is the council pleasure for discussion um I will jump ahead also on the issue of Robert's rules because I figure that's going to come up this was a motion has been teed up as a motion to resend so I went and did my homework and since I don't know whether you are officially following it or not but in case you are um the motion to resend follows the same procedure as a motion to amend something previously adopted any member can move this motion a member makes a motion if there's a second the group debates the amendment takes a vote it passes the motion is amended and so the same thing that would apply to amend a previously adopted motion applies to a motion to resend and anybody can make the motion well before you leave I have a question you can't resend something that's already been done though something that can't be undone and similar to it's been referenced ringing a bell uh yelling saying saying a lie you can't resend that that doesn't go away well 100% you cannot um undo what has been done but in the context of what that rule applies to is let's suppose the council had voted uh and and passed a contract where the contract already started work you can't undo that because of the legal consequences of breach of contract if you do then you're you're facing legal consequences where here what was done is essentially and I'm giving you the law I'm not advocating a position I'm just making you understand it as best I can this is not something that can't be un done in the sense that you can you have a set of minutes and if you decide that the minutes were wrong at the next meeting you can change them they were written they can be changed so it's in that category but anything that would have a financial consequence uh a penalty consequence of something to someone like they lose a job or whatever where they've already lost a job things like that that can't be undone that's what that means not things that are essentially in this case a resolution that you can change if you choose to not whether you should or not but you it doesn't fall into the category of can't be undone You could argue that the belt can't be unrung that's a different argument but it's not that can't be undone I think that's the same argument but thank you okay ask anyone from the public wishes to speak on this it and before that uh got question got questions I want to uh remove myself I was not present when the vote was taken so therefore I will not vote on the resent um I'm sorry do we take questions from up here first whatever you want you open the public period okay um let's take some questions from up here first and then we'll open it up to the public I guess the first one I have just with commissioner Smith said even though he wasn't here that wouldn't preclude him from voting nor was commissioner Anderson and on the city council at the time that the censorship vote was taken it would not preclude them from voting it would not preclude them but uh commissioner Smith you are saying that you will not vote on this great I wasn't I was not present when the vote was taken right you were not present so um you're saying that you're going to abstain from this vote that's correct okay is commissioner Anderson doing the same thing so for the record I'm just want to indicate that commissioner Smith will not be voting on this and I will make the say present that to and U commissioner Anderson will you be voting or abstaining from it so I would like to um probably table this because I need to do more research on what I need to um decide so I didn't know that I was aware that I wasn't aware of what I was allowed to do so I'm just asking maybe this business item number seven U be tabled so that way that's a motion also if you want to make a motion to table then you table it and it will if if it passes then we come back bring it back at a future date we can do public comment first and then we we can entertain a motion from there okay I want to open this up to any more questions from me um well I had sent you you know several I think I've sent you two two emails and you've answered them all um um and I guess for the record um what I had asked was it appears that findings of the complaint was Final on April 16 when was the report received by the city of aapka and you responded that you didn't know when the report was received by the city I received the initial information on the outcome from Miss Van Camp on June 13th I received the additional information from uh the Florida Commission of ethics on June 14th and that was only after I asked and I remember it was a previous email where I asked for the transcript of the interview um so I did get that late yesterday and I did review that and and I did make some notes um is there a statute of limitation where a prior vote can be rended I researched Robert rules I could not find verbridge regarding a time frame for resending a vote is there a state statute that addresses uh a statute of limit ation and you responded no no um and FYI robit Rules of Order are not mandatory for local government meetings in Florida Florida adheres to the Sunshine Law chapter 286 Florida Statutes which di dictates open meeting procedures there is a practical restriction however in that if irreversible action has already been taken pursu to the motion that motion cannot be rescinded exactly and again try to re reemphasize what re irreversible means if we had get let a contract by a vote to demolish a building the building had been demolished reversing the motion wouldn't change the demolishing of the building that's what that's meant to go to that's irreversible words are not irreversible they may paint hurt but they're not irreversible okay um the next question that I did I mean because I did send several questions I did read through the report page 8 paragraph 2 interesting because it does indicate by the ethics commission while the April 5th vote to terminate may not have been able to effectuate the termination of Rodriguez's employment his May 4th resignation should have even after providing his letter of resignation the respondant continued to withhold the truth Tru of the nature of Rodriguez's employment from the city council during meetings and therefore withheld this information from the public this action is puzzling and that was written on the report by the ethics um can you please and then I that following that that statement I asked can you please share your professional opinion the ethics commission agrees in their investigation the responded and I put in parentheses the mayor did continue to hold the truth of the nature of Rodriguez's employment from the city council and therefore withheld the information from the public stating the action is puzzling and then you respond it because both the decision to reimburse and the decision to resend the censor was exclusive to the council and neither decision is illegal it would be appropriate for me to give what would amount to a personal rather than a legal opinion right and so the difference here is with the censure one way or the other I it doesn't there's no legal recourse there's not there's the city's not going to be sued the viable lawsuit either way the the reimbursement issue is a different matter the last one I as I said reading the final investigation and findings and this is what I wrote reading the final investigation and findings by the commission on ethics I cannot find the word exonerated I believe the investigation by the commission was conducted solely on the complaint by the community resident this investigation does not include the resolution for the censor voted on August 2 2023 by the council so why would there be a request to resend a vote conducted by the council when the council did not initiate the ethics complaint the censor is a separate action not related to the ethics complaint and you said no question here so not for me because I I'm not the one who's requesting it um so basically that's how I feel is like the the ethics complaint was bought independently by a community resident so I just feel that tying in that ethics with the censor uh resolution one has nothing to do with the other because as a council we felt that at that time and even the findings by the Ethics Committee there is some they also indicate that he did withheld information for the public public and that was the reason why the censor was initiated and voted on it had nothing to do we never sent this up to the ethics commission it was within us here at the council so I just wanted to make that for the public record that you know there were some concerns and there were some questions I needed answered and our attorney did answer them so at this point it's it's really a vote and a decision that we make here on the de and also uh on from the public so any further questions any more further questions here from the from the days all right so now we open it up I do I'm sorry I have a just trying to understand so although this commission did not initially formulate the complaint the allegations of of the mayor not being truthful was addressed in the complaint it was not was it what what the vice mayor read is in the report there's no question about it and that was the conclusion of the investigator I think the word was puzzling or something I forget exactly what it was word but what she said is exactly what's there okay but if you look at the ethics code uh and this is applicable to all of you there is no ethics rule about elected officials must tell the truth or mustn't tell the truth or somewhere in between this is a lesson I would think as a country we've learned from listening to politicians nationally locally Statewide there isn't such a rule now there is a rule if it applies to like Financial forms things of that nature but but generally speaking and that's that's the thing it was raised by the complainant it was thrown into the mix but it wasn't something that they could say here's a statute that says you you did something wrong by misrepresenting this thing or saying this was this was something other than truth there isn't such a rule and so ultimately it was in the complaint package but if that was the only thing that was in there there wouldn't have even been an investigation so you're saying one does it relate to the other in any capacity not in terms of these two items reimbursement which was for something that was investigable inves this correct correct so these are irrelevant let's do public comment okay uh so let me see it's open for public comment first Speaker just provide your name thanks B the vote on the censorship was made within the house here like what commissioner FAL says um the thing is he was called this I mean there's no back and out of it it is what it is if you paint it that's the color it's going to be the $1,500 I know that's up to y'all but as far as a censorship the guy has done so many things that I've asked him a question about the the1 point something million dollars from this date for the uh for the water treatment plan out on the northwest oh I know nothing about it got a picture of him shaking the hands with the sen the United States Senator getting a check he knew about it there's nothing truthful he he's not transparent at all he can't he's not going to be honest with us never will he's out for your and I and if he get voted y'all drop the censorship tonight I've I've lost all hope and this guy cannot lead us we got a man sitting behind me here against the back wall with a white shirt on and then the man here in the middle says oh he I agree he can't do the thing but he's still running the department that they have 85 more than 85% of the person on that department still don't trust them they still sitting there how many people this week got raises $40,000 a year raise half of the working class of people when a pop don't make that all year long and he got a raise of that much I mean come on people how much can you milk this dairy farm taxpayers are drying up you're killing us this mayor is guilty of and he said needs to be censored he's not going to change till he's voted out of office you B uh the City attorney just mentioned that the analogy that he used about if this had have been the minutes you could go back and you can changeing I beg to differ with him simply for uh the fact that it wasn't just simply minutes what it was it was a council vote 3-2 that would that went into the minutes but it was a legal vote by Constitution up under this legisl that it was voted up under the Robert rules of law up under the sunshine but let me let me go with this you know ants you got red ants and you got black ants they take care of the infrastructure real good they get along just like the citizens of a papa you say you love a papa you can put those ant the red and the black ant together in a jar they'll go about their business they can get along with each other I'm telling about they can share cuz they love the infrastructure where they live but all you do is take and shake that jump and you know what happened chaos they'll kill each other they'll fight each other to the death who do you blame do you blame the red ant or do you blame the black an no I tell you who you blame you blame the ass that shook the jaw and right now this ass is shaking the jaw you guys just standing here letting him bring this city down with lies and deception we have you have voted and I commend you for recusing but then on the other hand why would I do that you should have recused on the last vote too it seems to be that instead of trying to hold up the right of the citizen that give you your little token pay that you would a on their side but it seems to be for some reason you still want to reward the ass that shake the job you already spoke did you speak yet no okay Albert McKim 3603 golden gem Road this could be really complicated or it can be really simple I'll make it simple for you did Brian Nelson's actions when he admitted to tell you that Michael Rodriguez was still employed here harm the residence a popka well if Michael Rodriguez continued to pull salary while Brian Nelson was keeping quiet then we the residents are paying for his lies if you're here to represent us you cannot possibly allow him to lie and a City attorney to be paid for how many months how much money did it cost did B did you ever ask sorry I'm addressing you right but but that's fine did anyone ever ask Michael Rodriguez to return the money that he was illegally paid from the city so we can look at another thing as a 501c3 uh entity we recently requested to rent City Hall Susan Bourne replied and she said City Hall is not for rent but Brian Nel as a representative of The Next Step Foundation managed to use this city hall and he was on the board how is it he not in his capacity as mayor but represented 501c3 next that Foundation abused the rights of the city and paid in fact there probably was even police officers there that day I would actually like to see how much the next step Foundation using City Hall cost us and it makes no difference today if Brian Nelson didn't commit a criminal offense because the next set of documentation that I'm going to present to you if you've got the courage to look at them we'll show that he lied he puts City Life at risk good evening I drove all the way from Tampa in the rain and traffic just to try to get here before the meeting was over and thank God I have Sylvester Hall 391 3091 Rolling Hills Lane so when when I when I say too many good people standing by watching bad things happen and not doing anything about it see how it rings truth I'm not going to talk to you like your your kids because you all know the truth in the words of uh ex commissioner Kyle Becker Mr Cliff you work for the people you're not the marage lawyer you you you for the people and the words know your place thank you smile know your place because you know what you're doing and when you can sit up here and say principles don't matter Integrity don't matter honesty don't matter accountability don't matter responsibility don't matter morals don't matter ethics don't matter character don't matter procedures don't matter leadership don't matter and laws don't matter we got the WR City Commissioner sitting over there City uh attorney sitting over there now here's one thing that Rings truth when I say we normalize the abnormal when we normalize the abnormal we desensitize the truth desensitize the truth where the truth don't even matter our city attorneys was right here when the mar told that lie we all know the mar lie that's that's that's the that's the thing about getting up and coming out of being involved you don't have to listen to what was said and what was read in the newspaper and who twist and who turned it he was sitting right here when he told the bace Li and commissioner Anderson if you want to look at it you can go back and re revisit the tapes but I'm going to pass a word of wisdom to you like I did before the election you had a chance to excuse yourself I would have took that opportunity to do that just for wisdom you spoke on you as the expert for police brutality you shouldn't have done that and our City attorney didn't our City attorney didn't tell you he advised everybody else and give them legal matters but he didn't give you any legal matter on that same thing with you commissioner Smith it's time for us to start doing the will of the people and if the Americans still here and tell lie after lie and lie after lie and it don't matter and it don't matter to our Senate attorney we have a problem how can people trust you to lead them and every word come out of your mouth they got to go out and vet and that's the problem we have and they stop the growth in the city of Republic because everything the mayor brings forth you got to double check it with a fine tooth to make sure it's legit and he's doing the will of the people for the people we must stand up for our citizens and right now I don't had enough when you say enough is enough I'm tired of people on the the people that work so hard and pay their taxes for you guys to lead them and do the right thing by [Music] them I pray that each one of you I heard this speech about the young lady you losing her father for as firefighter and the only reason the firefighter don't have a contract it's because the mayor don't want them to have a contract that's said you guys got to do something about that thank you s anyone else for public opinion public comments I should say Mr Rod Olson Rod olon 3156 Rolling Hills Lane I'm just going to read one part of the resolution section one the foregoing quote whereas unquote Clauses are Incorporated here in and the city council of aapka formally censor mayor Brian Nelson for misleading the city council and by the same actions the people of apaka through untruthful public comments regarding the employment status of former the former City attorney that's the simple statement you need to only look at the minutes if you want to go to uh whatever it is YouTube and review the meeting if you haven't done so do it you'll see the two meetings where the mayor misrepresented the facts thank you is that anyone else for public comment bring it back up to the board for a motion i' like to a state um a couple things well let me let me start out with uh commission Vasquez uh I know that you know that I didn't see with mayor Kil shamer but when his his uh ethics complaint came forward that he was exonerated on um I brought it Forward didn't ask any questions we paid the bill I know that commissioner Smith the same thing you voted for to pay his bills so what you're saying is that I'm different because we don't see eye eye on things point of order this is not the same topic you could have said that the last one this is a different topic now yeah so anyway that's the I I what no I'm sorry please um what I will say is did the acts alleged in the complaint against the official arise from the per from the performance of his or her official duties um the complaint did rise from that was the public purpose being served at the time of such acts no even the commission says in page 8 paragraph 2 it actually says that however the action lies in within whether the respondent had a lawful intent or did he maintain in his belief that he had ultimately Authority regarding the employment of the City attorney they couldn't even answer that they put it in a question mark but they felt that during you did withheld this information from the public and they wrote this action is puzzling so in answering the two questions that turny asked us to answer it is the I answered those questions according to what I found did occur in your actions with the sent answer and also it did occur that is the reason why the uh Community resident filed a complaint okay well let me just read this statement I just want to get this off my chest I've asked Cliff Shepard our attorney to add the censorship reification item to the agenda on June 19th 2024 I'm asking for my censorship vote from August 2nd 2023 to be removed from the records the basis of the censorship vote was on over the departure of our former City attorney Michael Rodriguez I'm bringing this it item up because on October 13th the Florida Commission on ethics received complaint 23- 253 and began an investigation on me including the same issue the censorship was based on the ethics commission investigated all allegations and the complaint and on June 7th they adopted the recom recommendation of in Quotes no probable cause to believe Mr Nelson violated the Constitutional Amendment prohibiting abuse of office for a disproportionate benefit and M misused his position regarding the termination of the city city attorney end of quotes and they have dismissed the complaint filed against me now I'd like to share with everyone the role and composition of the Florida Commission on ethics in quotes the commission is a nine-member commission with a staff of approximately 25 employees located in Tallahassee Florida that serves as the guardian of the standard of conduct for officers and employees of Florida in its political subdivisions and functions as an independent commission responsible for investigating and issuing public reports on complaints a breach of the public trust by public officers and employees end of quote five members are appointed by the governor with no more than three from the same political party with one of the five members a for former city or county official two are appointed by the speaker of the house two by the Senate president and must be equally split by party affiliation this is important because the commission on ethics looks at the facts and makes objective decisions not based on politics during the investigation the commission on ethics sent one of their investigators down from Tallahassee to interview myself as well as former City attorney Michael Rodriguez our HR Director our city clerk our local pastor and others before the commission came to their final determination of no probable cause for the charges the censorship vote against me was brought forward because I did not fire City attorney Michael Rodriguez after the council's vote to fire him the city Charter does not give the city council the authority to fire the City attorney nor any other City employee this role is relegated to the mayor under our strong mayor form of government this portion of the charter was reviewed by my Michael Rodriguez our current City attorney Cliff Shepard and two other third-party attorneys and all agreed that the city council did not have the authority to fire Michael Rodriguez but the charter does require that the city council must approve new directors such as the recently hired City administrator Jacob Smith and Michelle boing are new economic development director both were appointed unanimously as was Michael rodrigue Rodriguez several years ago the censorship vote was brought forward by a former City Commissioner for political reasons had nothing to do with good public policy prior to the censorship vote this prior City Commissioner asked a city employee to meet him at a restaurant near his place of business during the meeting the city employee was told that if I would not run for another term as mayor the commissioner would drop the censorship vote the city employee has agreed to swear under oath or take a li detector test to prove that this meeting actually happened I waited until the former Florida Commission on ethics ruling of this probable cause of an Ethics violation before releasing this basis for this censorship vote last year that was based on politics and not policy for these reasons I've asked the popka city council to resend the censorship vote dated August 2nd 20123 mayor Brian nson okay so I don't know who writes that mess for you it's so funny um Madam vice mayor can you please reread and you already read it once uh in that email that you sent to our attorney in reference to the action is puzzling can you reread that quote that you got from uh the ethics commission well I just want to stand I want to just make something clear the the resolution of 2023-2024 it was because you were not truthful about his employment status it was not because you didn't terminate him and the resolution is broken down as such and I'll start with the third paragraph whereas on Wednesday June 21st 2023 in a public hearing within the city of Apopka council chambers mayor Nelson made a public comment that demonstrated his prior public comments about the employment status of the now former City attorney were untrue and whereas on Wednesday May 3rd the former City attorney did voluntarily resign during the public hearing within the city of Apopka council chambers as recorded and approved in the minutes fourth the the next one whereas the mayor Nelson on Wednesday June 7th did on record inform city council the former City attorney was no longer employed as of that day and that was June 7th 2023 that's recorded and approved in the minutes whereas on please let me finish thank you whereas on Wednesday June 21st 2023 when asked by the city council about the employment status of the former City attorney mayor Nelson indicated he was still employed as of that date June 21st 2023 receiving pay as recorded and approved in minutes so it it was not that he was terminated it the resolution and the censorship was about being untruthful to the status of his employment and each time at public Council meetings when uh I guess you were asked about his employment you continue to say he was not employed he was employed and I remember one uh council meeting where you said as of 1:30 that day and I remember it was an afternoon one so this this censorship had nothing to do with that we that we didn't agree that he was terminated when we voted for his termination it was about the information about his employment and in this findings with the state of Florida Commission of ethics on page number eight it even says while the April 5th vote to terminate may not have been able to effectuate the termination of Rodriguez employment his May 4th resignation should have on May 3rd rodri has informed the city council including the respondent of his intention to resign and provided the written resignation on May 4th even after providing his letter of resignation respondent continued to withhold the truth of nature of the nature of Rodriguez's employment from the city council during meetings and therefore withheld this information from the public this action is puzzling so it's not saying that they're not saying that you um what they're actually they even puzzled by the fact that that you were not you were not truthful there was nothing to say it didn't take anything for you to tell us look he's still employed I still need him uh I I still need him to resolve to to help me with some you know ongoing projects and um we'll decide on the date when he's going to be um uh you know when he's going to be ter not terminating when we I'm going to let him resign but you didn't say that to any did you have anything to do with with the censorship Proclamation I yeah we voted on it did you have anything to do with that writing that Proclamation no I did not okay did you have anything to do with that commissioner Nest okay no so who would that me leave us then if there were three people that voted for it but then in each of the each of these meetings there was a discussion so so who who then I'm put together the censorship it it doesn't matter no it does matter the vice mayor before me okay correct and so when I just said the censorship vote was brought forward by a former City Commissioner for political reasons and had nothing to do with public policy prior to the censorship vote the prior commissioner asked a city employee to meet him at a restaurant near his place of business well that's during the meeting the city employee was told that if I would not run for another term as mayor well I commissioner would drop the censorship but who's the employee mayor who's the employee the former vice mayor is not here to actually say yes or no so I am not going that's for me at this point that's heay because commissioner Kyle Becker former commissioner vice mayor Kyle Becker is not here to actually say he did or he didn't correct who if if not you two then it had to be him no who else have then who did it he well the censorship when we was first introduce actually uh our attorney helped write this up am I am I correct in saying that if you mean was it sent to me for editing yes I edit it so it would read like a resolution or there's your answer oh okay you're right I believe that if we voted on the censorship we agreed to the contents of the censorship and uh I am not going to take the hearsay about the employee cuz I would you would not accept it by anybody else if someone had said uh here I had lunch with the mayor and this is what he said Kyle is not here to defend it or to dispute it so I I ask that that be strike from you know even being considered the lunch date that allegedly he had with an employee um if that should have been something that should have been brought up uh what even while Kyle is no longer a sitting commissioner it should have been if you felt that was important then he should have been brought in but I am not going to be here to dispute did he have lunch or he did not have lunch I will not discute that I will not even consider it he is not here to tell me yes or no and the employee is the employee here no no so for me that that's all he say right now um so I will put out a motion to putting out that motion I actually would like to make a motion to table business item number seven resending sensor of the mayor so I personally myself can do more research because I don't feel comfortable now actually voting on this because I hav't had chance to I would like to have before we make that vote I'd like to um take the floor if I can sure to help educate everybody and and provide a great reminder of what we've been through as well as the facts of what we've been through we have approved minutes all unanimously approved commissioner nesa ask this is June 7th 2023 commissioner nesa asked for clarification that attorney Rodriguez is no longer employed by the city and mayor Nelson stated as of today June 21st meeting minutes June 7 2023 motion carried unanimously mayor approved that he said that June 21st goes on to say commissioner Smith he stated he was not aware that the attorney was still working he thought that he when he resigned he resigned nesa stated that it seemed like theft that there's an attorney still getting paid and supposedly working for Council but none of the council members are aware of it on July 5th those meeting minutes were unanimously approved by the mayor obviously August 2nd commissioner Becker asked for a motion to approve resolution 2023-2024 the video that I'm about to show is once again the mayor lying to the public the voters and commission about former city of attorney Michael Rodriguez no longer being employed by the city of PKA and it goes on to say as of today as of 1:30 there may be a little uh commercial here so when I open that please excuse that as of today as of 1:30 today yes June 7th June 21st this is video of Mayor Brian Nelson once again getting caught lying to the public the voters and the commission so how e he [Music] the all Ty e nothing got to take ownership for your words commissioner Smith stated in awe that we even had attorney still present this final video is the censorship the formal censorship of Mayor Brian Nelson for once again lying to the public the voters and the commission August 2nd [Music] SP e just 15 pause the mayor was properly censured for lying you don't need any more context than what was just provided the minutes were approved by the mayor lying he approved that he lied commissioner Anderson I don't know what else you can look into this is exactly what you'll be looking into tomorrow the next day the next day if we table this no other information is needed no other information is required this is exactly what the Cent discusses and that's exactly what it's about your mother you're a business owner you're now a Civic leader are you okay with lying question well it's I determine how much research I need to do to feel comfortable to vote me being a mother me being a business owner have absolutely nothing to do with me I have I have never read that resolution so I don't feel comfortable voting it's unfortunate you came to this meeting unprepared that's very unfortunate commissioner Smith I'm surprised that you even shut up for this meeting to be honest and I'm surprised that you recuse yourself as well I feel this vote would have been important for you to do not only for yourself but as an educator and as a as clergy this would have been important to show and stand with those in honesty and in and ethics it's unfortunate that you recuse yourself on this commissioner Velasquez I appreciate you heading this it's been a busy one and I know as a mother as a detective and as a Civic leader you'll make the right decision to not resend the censure as all these facts show exactly what happened that we were lied to and try to deceive the voters the public as well as yourself the only thing I will say is that we we all sit and have our um agenda reviews um I'm going to just ask you during the agenda review was any of this discussed with you not the resolution no I know anything about the resolution so this is my first time that's why I was trying to look at your paper to see what it so I can read the exact I don't have a copy of it so I I'm going to uh ask our um new Chief administrator when we all sat with you I know that this was already on the agenda was that at any point discussed with commissioner Anderson Well I'm in the same boat as Anderson being new here so the circumstances around what has happening here I was not familiar with so I would not be in a position to be able to give any advice one way or another no not ask not an advice or background either or to give her any information was there anybody in your agenda I know as much but I know as much as is in the packet I'm sorry I know as much as as is provided in the packet there's nothing more than these to know I just pres sorry I I didn't hear you can you say that again I said that I know as much as what was provided in the packet the agenda package okay well I know at the agenda review I mean we did discuss it I I discussed it with you it was important to me when I saw it on the agenda um and of course this is why I had all the emails back the two emails that were important to me with the attorney um because I wanted to to understand that the findings of the ethics Comm Mission did not influence or it included the censor so I want the public to understand that these are two separate entities that we're dealing with um we did not send our censorship or what we uh when we did the we did not send that to the ethics commission that was done by a community resident and so during this process what was important to me was to understand how would it affect the mayor's request to resend or to resend the censorship so these are two separate items that we are discussing today and obviously it didn't rise to the level for the commission to find him in violation but at the same time they didn't even give him a pass either because they do address for me that paragraph P says that pretty much he did he did um make a decision to um withdraw to withhold information from the public not only from the council members and the [Music] public it is a reason why I am going to remain with my original vote of August 2nd which is to cont to leave the centor for the record so there is a motion on the table where uh commissioner Anderson is asking for it to be tabled so I'll make a motion okay so I make a motion that the business item number seven resending the sensor of Mayor Nelson be tabled to a further uh date well the date would be the next Council the next council meeting which is on July 3rd July 3rd July 3rd 2024 so now since Smith has uh commissioner Smith I'm sorry that I referred to you as Smith commissioner Smith has recru himself does he get to the attorney does he get to make a second on the motion or he St stands uh from the motion what what he's out on based on his own decision is vote on whether to resend or not resend the motion this is a procedural motion about whether we're going to proceed it here or later he can vote on this okay this this is going to continue so um okay stting with Nick n commission it needs to be seconded right do I have a second on this do I have a second on the motion to table to uh July 3rd 2024 guys on the floor motion dies there is no second please refrain I just ask you to just be respectful and please refrain from clapping thank you so that was just a table it yes that was just to table it so now there are there any other motions would be the next question okay so are there any other motions so this twoo then dies on the floor correct yes okay motion nobody moved an item so you're good there's nothing else to do so now he's still formally censured does he have the opportunity to bring it back to the agenda based again if you follow Robert's Rules the answer would be yes if you don't then that would be whatever rules you want to follow okay well that dived on the floor so we can move on to in new business that's correct okay you thank you she okay next up I have got oh on to public hearings number ordinance number 354 second reading ordinance number 354 an ordinance of the city of apapa Florida amending the future land use element of the aapka comprehensive plan of the city of apapa changing the future land use designation from County Rural half to City rural settlement for certain real property located at 2518 hos Road owned by Investments Alliance LLC comprising 4.17 Acres more or less providing for separability and foreign active dat any changes no changes okay anybody from the public wish to speak on this matter now close the public look for a motion to approve or adopt ordinance number 3054 so move got a motion by commissioner Smith second second by commissioner Nesta all those in favor all oppose motion carries unanimously next up ordinance number 355 ordinance number 3055 an ordinance of the city of apopa Florida changing the zoning from T transitional to PD plan development District for certain real property located at 2518 House Road owned by Investments Alliance LLC comprising 4.17 Acres more or less providing for severability conflicts and an effective date any changes okay look for anybody from the public wish to speak on this one not look for motion to approve or adopt ordinance number 355 that's the second read so move got a motion by commissioner Nesta second second by commissioner Velasquez all those in favor I I'll oppose motion carries nously next up ordinance number 3 60 ordinance number 3060 an ordinance of the city of apapa Florida amending ordinance 2840 which is known as The Floridian Town Center plan development PD generally located north of West Orange Blossom Trail and west of State Road 429 comprising 73.9 3 acres more or less providing for directions to the community development director separability conflix and an effective date good evening commissioner Bobby H planning manager for the record this is an amendment to ordinance number 2840 uh which is approved by the city council on August 18th 2021 which created plan development for the for Liberty and Town Center property is located north of West Orange Blossom Trail and west of State Road 429 the applicant is requesting to amend the ordinance number 2840 to remove several uses from the approved plan development M master plan which includes removing hotels a use from parcel 3 and permitting commercial uses on this parcel removing optional Flex space office uses from parcel 4 and revising to permit multif family residential uses on this parcel removing Flex space commercial from parcel 5 and revising to permit Hotel commercial uses on this parcel removing a YMCA as a permitted use from parcel 6 and revising to permit commercial uses only on this parcel and removing an assisted living facility from par of seven and revising to permit only commercial uses on this parcel other change is a reduction of parking for multifamily from 1.7 spaces per unit to 1.4 which is still greater than what's permitted by Wright in the mixed use downtown and mixed you Seashore Gateway zoning districts the Planning Commission unanimously recommended approval on June 11th 2024 and the recommended motion this evening to accept first reading aordance number 3060 and the associated Amendment to the plan development agreement hold over for second reading and adoption on July 17th 2024 there were some hard copies of the exhibits to the PD amendment that were were put at your place uh those were not put in the packet uh we noticed that this morning so the amendments to the PD Amendment uh to the amended PD agreement are basically reflected in the master plan uh myself and the applicant is here I believe they have a brief presentation they would like to share with you this evening uh if you have any questions for staff i''d be happy to answer them if not I'll turn it over to Mr maau who's representing the applicant good evening Andrew mcau the chief AI Consultants 618 East South Street Orlando Florida so I do have a brief presentation um I will go through it very quickly given the uh late hour um without going into a lot of the details in the master plan I do want to talk about some of the goals that led to the Amendments that we're proposing and uh I also have representatives of the engineer and the owner here for any questions that you may have and I also want to give an update about the work that has been done on on the site lately so um as uh Mr Howell did say we are proposing to reduce the residential program for the site uh for a number of reasons uh which we're happy to discuss um we are requesting to revise the residential phasing to right siiz the two residential phases on parcel 4 uh we are increasing the non-residential program uh including the addition of that new hotel parcel uh and like I said uh we're uh adjusting location of that hotel use and then we are updating the da to reflect these changes that we're proposing tonight so the the drivers of this amendment are the uh recent uh issues with the multif family financing Market uh really rightsizing what can be financed these days is really the goal uh we are going from about 750 down to 600 it'll be two phases of roughly 300 units each and that is about the right size for this uh current market that we're in uh there's a very strong demand for the resident non-residential uses that we're proposing to increase including this highly desirable hotel location so this is a a recent aerial shot of the site you can see that um a lot of work has been done on the site already under the the previously approved PD and mdp uh you can see the Floridan Town Center Boulevard has been constructed uh kind of terminating in that roundabout um also Kia Avenue to the north side of the property has been constructed and then also some of the master ponds have already been constructed so a lot of dirt has already been turned and uh construction is still underway U on a lot of those items uh this is the the proposed plan you see we're eliminating some of the detail of the old phase one uh that was in the original PD uh and we're just removing that to reflect uh the recent mdp that we also submitted as uh concurrent with this PD uh just for those same reasons that I already mentioned uh this is the hotel parcel that we're proposing to change uh and this is part of the comp plan amendment that is the next item on the agenda uh where we were moving the proposed Hotel Site from parcel 3 to parcel 5 parcel 5 was a residential and mixed use uh use in the approved PD and we're proposing that this just be hotel and Commercial uh similarly on parcel 7 this was an HDR site in the current uh plan with the assisted living facility uh we are proposing that that also be changed to Commercial and then as as uh Mr Howell mentioned the reduction in the parking and I wanted to get that get get through with that real quick to get to your questions if you have any like I said we have a representative the owner and uh the civil engineer here also any questions for the applicant okay anybody from the public wish to speak on this matter Al 36 gold jro just one quick question what are the implications with respect to traffic was a traffic study um done for this area so we updated the traffic generation tables that were included in the PD uh there wasn't a new traffic study done that incorporated uh you know the the intersection analysis and and things like that the uh but what I will say is that according to the trip generation rates the residential is really a main driver of the traffic and so by reducing ing the residential uh it actually reduces the overall traffic generation for the site even though we are increasing the commercial somewhat so uh in in short we didn't do a a separate traffic study for this amendment uh but we did update the traffic generation tables that are in the the PD um so then a question where's is Bobby still here yeah oh when was the last traffic um study done on this before with the original development plans back in 2021 as Mr mcau was saying it's actually a reduction in the trips the multif family really drives it so you're looking at about 10 trips a day for residential so there's a big decrease in the amount of traffic generated from the residential uh decrease in units infrastructure has already been built for the site there's roads going in and out and it's already been handled from that perspective this went through the development Review Committee uh which and PR of your Public Services Department transportation it's all been reviewed and vetted by them and approved okay thank you all right anybody else okay if not look for a motion to approve ordinance number 360 first reading and hold over for second reading and adoption so got a motion by commissioner Vasquez second by commissioner Smith all those in favor I I all opposed motion carries unanimously Next Up 3 ordinance number 361 ordinance number 361 an ordinance of the city of apapa Florida amending the future land settlement of the apapa comprehensive P plan of the city of apapa changing the future land use designation from high density residential to commercial for certain real property located north of South Fork Drive and north of duberry Avenue owned by Floridian apapa Phase 1 owner LLC comprising 24.3 3 acres more or less providing for severability and for an effective date thank you for the record Bobby how planning manager this is a small scale future land use Amendment uh changing the future land use of the property from high density residential to commercial uh it is a small scale as it's under 50 acres in size as dictated by Florida law property is located north of Southport Drive in north of duberry Avenue within the florid Floridian Town Center PD that's a tongue twister for me so I try The Bu on that one all the time total site is 24.3 three acres the applicant is requesting the future land use amendment to allow for the potential development of non-residential uses on the parcel of which would be Hotel uh which is not permitted under the current future land use designation of high density residential the development Review Committee uh recommends approval of the Planning Commission on June 11th uh 2024 unanimously recommended approval and the recommended motion this evening is to accept first reading of ordinance number 3061 and hold over hold it over for second reading and adoption on July 17th 2024 uh myself and Mr mcau the applicant are available for questions any questions for Bobby or the applicant anybody from the public wish to speak on this one not oppose the public hearing L for a motion to approve ordinance number 361 and hold over for a second reading and adoption so Mo got a motion by commissioner Velasquez second second by commissioner Nesta all those in favor I I'll oppose motion carries anous next up ordinance number 36 63 ordinance number 363 an ordinance of the city council of the city of Republic of Florida amending the code of ordinances for the city of rapka Florida by clarifying procedures and issuing civil citations for code violations providing authority to establish a fine schedule for civil citations repealing conflicting code Provisions related to code enforcement procedures providing for codification severability conflicts and an effective date mayor councel uh this is fairly straightforward when the uh ordinance was overall uh last year to include the uh ability for code enforcement to issue citations there were some discrepancies with Florida law on review of the attorneys from uh Mr Shepard's office uh they were corrected this ordinance along with the company resolutions allow for the police department and code enforcement to move forward with issuing those citations and as you recall this was primarily about the means to enforce the um the noise ordinance but we it it also has additional applications in uh for other minor code enforcement violations to maybe we can reduce and and commissioner Nesta you can vouch for the um the the dockets get kind of large for our code enforcement hearings so we're hoping that this may also reduce the number of of cases that go to a hearing um so the staff recommendation is to approve ordinance 3063 first reading and hold over for a second reading and adoption on July 3rd any questions for Captain brick anybody from the public we should speak on this one not we close the public hearing look for a motion to to approve ordinance number 363 at first reading and hold over for second reading and adoption so much got a motion by commissioner Smith second second by commissioner Nesta all those in favor I I all oppos motion carries the UN St next up resolution 20243 establishing code enforcement citation finds resolution 202 24-13 a resolution of the city council of the city of popular Florida establishing and adopting the classes of violations and schedule of fines for simple citations issued for violations of the city of apopa code of ordinances providing for complex severability and effective date Captain bre okay as mentioned previously this resolution just lists the classes along with applicable fines for the citation program we pulled it out of the ordinance and did this by resolution uh to uh streamline any future changes and and make it easier should we need to change the fines of the statutes change we don't have to go back and change the ordinance um so uh staff recommendation is to approve the resolution 20 24-13 at first reading hold over for a second reading and adoption on July 3D any question for Captain brick anybody from the public wish to speak on this one not we'll close the public hearing look for motion to approve resolution 20243 so move got motion by commissioner Nesta second second by commissioner Velasquez all those in favor I I'll oppose motion carries nowy next up resolution 202 24-14 resolution 202 24-14 a resolution of the city council of the city of Republic Florida designating covis Bank as the city depository designating the accounts to be maintained by the city designating officials who are authorized to sign checks notes drafts bills or of EX change monies acceptance orders and other items of any kind designating officials who are authorized to make endorsements designating officials authorized to borrow money setting method of notice of change in officials establishing an effective date thank you Susan good evening mayor and Commissioners Bland Sherman Finance director before you uh resolution number 202 24-14 we're updating um the signature cards authorizing certain city officials to sign on City account we're removing former commissioner Kyle Becker and we're adding commissioner Nadia Anderson and we're also adding our new city administrator Jacob Smith okay recommendation is adoption of resolution 2024 -14 any questions for blanch anybody from the public wish to speak on this matter that will close the public hearing look for motion to approve resolution Smith all those in favor I all oppos motion carries n thank thank you all right city council reports commissioner Anderson so I just kind of want to just clarify some things um in regards to some things that was stated by uh commissioner Neer um I'm asking that um in regards to my daughter my family or my business that if it's not in term of endearment please do not reference them in anything I'm asking for respect and returns to my family to not reference them that was a term of endearment it wasn't meant as a I didn't take it as it so disagree with what it looks like I ask that you not bring my family my business or my daughter into anything in regarding the city council that's first thing in addition to that in regards to me being not prepared for the meeting let's be clear on the time frame when I receive information my meeting with the administration was on Monday I received the information just like you all received the information in regards the complaint that was filed all the details I received that information on Tuesday Wednesday around that time frame I received another email at 4:00 today with the different um information regarding what the email that you sent at 4:00 today we had a meeting at 6 o'clock today so referencing I was was not prepared for information that I just received and my meeting was prior to everyone's meeting so I received the information what time meet on Monday it was at 1:00 okay so I'm at two we all get the same information Friday night I did not receive this I did not receive my information until after the meeting you may not looked at it it was all available online if our meeting was on Monday our meeting was on Monday my meeting was on Monday this Monday was our meeting which they sent the email on Wednesday Wednesday your packet is available Friday the information that he sent us the email we received on Wednesday offer no new was not in for me it did for me it did it was clarification from the attorney opinion and attorney opinion is two different type of opinions I lead on the attorney's opinion you still were unprepared but that's we got homework that is your your opinion there's a lot of times I feel that you're not prepared that's fine we all got to do our homework that's that's that's your opinion let's be very clear we all got to dok let be very clear never reference my daughter my business or my family we we're clear on that correct do the homework we're clear on that do the homework are we clear on that do the homework are we clear on this show up to a fire department are you clear on resolutions are are we clear on that I'm not answering okay so you're refusing to is that is accurate is you're refusing not to mention my daughter my family or my business is that clear no I have nothing else commissioner Velasquez you think it's funny commission no don't bring my daughter up my daughter is off limits all right commiss Vasquez what do you got um I just want to be able to you know everyone you we had a shade meeting uh with the uh the union not the union but the City attorney uh Mandel and just want to kind of give them just a grief a brief update um this is going back it's going to go back where the our city uh attorney uh vandel is going to go back to the union um there were some issues um uh at the last union meeting there was an agreement from the representatives from the fire department and representing uh the the union and the city and there was some agreement but today an email that was received from the fire department president um there were some Union president from the union president there were some additions that were not discussed with our City attorney that is representing Us in the he did not get the the the email so at 8:00 we as city council got an email he did not get an email he got the email when I showed it to him at 6 o' so he was unprepared right based on what could be a violation of but it is going to go back for uh the union to he's going to sit down with the Union again so at this time we have nothing um to offer or to say about uh the Union and that that's all I have at this time Mr Smith um we had the reles tour uh this week uh the new development is taking place in the C Paka that was uh very informative and uh to encourage our citizens and make sure that our relativ are aware of what is taking place in our city uh and uh attended the juneth celebration on Saturday uh that was a great event and the more that we do it the more we'll be able to educate our public and so they understand the significance of June 10th uh earlier uh there was a statement that was made that when the ethics violation was filed against me that I was told by the city that they would not supply me an attorney that was incorrect the fact is is that I met with the city attorney and he advised me that I could either use the City attorney or I could hire my own and I chose to use my own attorney since I already had one and so that was what I did I was not told no and once I was found uh by the Ethics Committee by not being guilty of the violation uh I to came to the city and asked a reimbursement of my attorney fees and the city reimburse me of my attorney fees so that is the fact uh so not sure whether other information came from uh in reference to uh the comment was made that it was convenient for me not to have been here uh on the night that the vote was taken to censor the mayor I did ask for the vote to be postponed until that uh meeting um but some circumstances came up that I had to be out of town and I was making arrangements to come back and U I'm sure that you probably aware that there are several occasions that I've been out of town and I flew back uh to my city council meeting so I could be here at my own expense um but on that particular one uh there was some uh complications that I was not able to do so and I called and I spoke to uh the city administrator and they was going to attempt to get me on by zoom and Our IT person said that that would cost too many problems to do that and asked that I just look at it uh on YouTube so it wasn't convenient that I wasn't here as it was indicated uh so those are the facts that's all I have M Nesta definitely I uh wanted to wish a happy juneth to everyone um glad that we're recognizing it moving forward I want to make sure moving forward though that we don't schedule any meetings on federal holidays um whether it's workshops Council meetings we shouldn't be doing any we should let staff off on federal holidays we should acknowledge federal holidays moving forward it's proper it's correct to do um then the only other thing that I have is is that I will continue to commit to uh doing my homework showing up the fire departments and reviewing resolutions and watching old meetings and making sure that I'm prepared at every single meeting that I come to uh regardless of the timeline regardless of anything that's it thank you all right uh anything Cliff you got uh just to reiterate uh I thank you all were provided with the uh latest on form six uh for those who under initiated form six was L mandated into uh uh existence for and applicable to all Municipal elected officials as well as candidates for office but a court recently ruled that form six as adopted is not constitutional underscoring the importance of free speech they found this was compelled speech which was not supported by compelling governmental rationale or examples to support why was the least restrictive means to accomplish the governmental goal of transparency in government and so put an injunction out that in prends uh the enforcement of that form so by July 1 if you haven't already filed form six you we go back to according to the party Commission on ethics form one much easier to fill out much quicker to fill out but it's still due by form by July 1st so if you haven't already done that I would urge you to do that and if anything changes regarding form six I will let you all know that's it thank you Cliff Jacob anything yeah I just uh wanted to bring a little bit of uh positivity into the room I've been here for two weeks I'm I've been a Florida resident for two weeks so um it's hot it's humid but I'm getting used to it I actually really enjoy it um I wanted to let all of you Commissioners know and mayor know that uh I've had the opportunity to meet with staff just about every single staff member we have every Department uh we've gone over what they do what services they provide to the residents uh We've also had a second meeting with all of them to go over budget and I want you to know that that's my focus right now is working on that budget because it is budget season uh you have some great staff here uh they're very straightforward they're very candid and that's something that I appreciate they let me know any issues that they've had intra interde departmentally and also with the Commissioners as a whole and how you're perceived I'm hoping to be able to take all this and move forward and help with you all of you so that we can have a functional government here and so that a popka can be a great place to live so I want to reassure everybody that's in here as well you have some great employees that are providing you services so trust in that thank you Jacob um so I'm just real quick but I have to have to bring it up um you know Edward's been gone you know over a year now and even the the year before he passed away he you know obviously was fighting cancer the whole way and you know former police chief um Chuck vck stepped in and I tell you it was not an easy job you know you know Edward was one of a kind and everybody loved and admired and you know his his you know his intellect and his compassion you know um he was a tough guy to follow and and I'll I'll say you know we had our we had our disagreements at times but Chuck hung in a uh got a daughter that you know is teenager now and you know teenage teenager girls do what teenager girl girls do and and he hung in there um and uh worked hard uh way more hours than than than should have to to keep us keep us going until we we bring we brought ja in so I know he's out well I'm I'm glad he didn't come tonight because this would have been a horrible way to out on but anyway I want to you reach out to to Chuck vck and say job well done thank you for your service to a Popkin not only as a as the police chief but as a city administrator for the last probably even though he was only relegated that title for six months for probably the last 18 months so thank you Chuck for what you've done for the city OFA with that e