##VIDEO ID:dm_UuVmKvU0## e e e e e e we'll call the November 6th city council meeting order commissioner Smith would you give us the prayer pledge and fact of the day please sir let us pray Our God our Father once again we come before your presence Heart of Thanksgiving thank you God for all the blessings restored upon us for this opportunity to continue to be Servants of your city we ask God you continue to bless this city lead us and guide us in the way you have us to go that all that we shall say and do be pleasing and acceptable in your sight in th son Jesus name we pray amen amen amen i al to the flag of the United States of America and to the Republic for which it stands one nation God indivisible liy and justice for all fact of the day on November the 5th 1941 the Japanese fleet received a Top Secret order that in a 9mth Time Pearl Har is to be bed along with the militia the Dutch East Indies and the Philippines Tokyo delivered the order to all permanent Fleet command commanders that not only the United States and its protectorate the Philippines but British and Dutch colonists in the Pacific were to be attacked war was going to be declared on the west on the morning of December the 7th 1941 Japan launched a sneak attack on the US Pacific fleets based at Pearl Harbor in Hawaii as part of a plan to eliminate any potential challenge to Japanese Conquest in Asia the attack compelled the United States to ENT World War II as a combat and to wage a costly blooded struggle to defeat the Japanese empire the attack killed 2,43 service members and wounded 1,178 more and sank or destroyed six us ships they also destroyed 169 US Navy and army corpse planes back with the day all right looking for approval of the regular city council meeting minutes and the capital Improvement Workshop minutes okay that would be so Mo got a motion by commissioner Velasquez second take Mr Anderson all those in favor I all opposed motion carries unly Jacob any changes to the um yeah we have a few things here um item 10 under the consent agenda needs to be pulled that one's not quite ready yet uh also item number 17 I'm recommending that we pull that one and include that in the discussion under the public hearing item number two uh ordinance number 381 they're they're related and there's been some questions from Commissioners I think that needs some discussion there and then also um you'll notice that there is not scheduled uh a second reing for ordinances 379 and 3080 which is the 2300 West ponam Road small scale future land use and resoning um there was a misprint in the advertisement so that'll be heard on November 20th if anybody's here for that that's all okay thank you all right next up boy I got my good friend here in the audience today and we're just so happy to have Victoria uh how many years have we many years yes so anyway it's the uh family proclamation which we all you know agree that families are the the nucleus of what we all believe in and so I want to read this Proclamation it states whereas the family is the foundation of the city of apapa it is the family that instills pride and a sense of community in our city and whereas aapka is blessed with a multitude of families an essential part of its cultural social and spiritual Fabric and where strong families are at the center of strong communities and we should take time to honor the importance of families and recognize the special connections that support and strengthen them throughout the year and whereas during the celebration of family we will also remember and pray for the families of our men and women serving in the military and whereas by strengthening the family unit our communities cities and a nation will be stronger for future Generations now therefore I Brian Nelson mayor CA poka by the virtue of the authority invested in me by SAA poka do hereby Proclaim November 2nd 2024 through November 9th 2024 to be week of the family so with that you want to say a few words and we we'll get a picture thank you so much AIA is a wonderful place for families and we appreciate all the events that you hold all year long and we'll be putting those on our week of the family website so help get the word out so people can come and attend those and um every year you do such a beautiful job with the proclamation and presenting it and we just thank you very much thank you all right so we'll get a we'll get a quick picture okay all right Radley Williams come on down good afternoon mayor Commissioners uh I'm here this afternoon to introduce a presentation uh Miss Kimberly schme is here from the AP High School Marching Band boosters and she's here to announce a exciting fundraiser project for the band and a upcoming trip in the next two years so I'll go ahead and introduce her and have her come on up thank you Bradley and good afternoon my name is Kim Shamil and I am a a proud parent and volunteer for a papah high blue daughters marching band go blue and I'm very excited to announce that we have been invited to London to march in the parade for January of 2026 very exciting indeed um before I talk about London I just wanted to if we could go to the next slide wanted to give you some you C oh I can do that you can do it it's my you have the power thank you okay so we are a band of 260 students um very active especially with the football season and we are one of the largest bands in Orange County um we just compl completed our musical performance assessment last week where we achieved the highest rating possible Superior as a marching band our theme was Pirates of the Caribbean and they were incredible if you were there you could watch their feet perfectly in sync and in March of 2024 we represented the city of Apopka and Orange County and we marched in the Cherry Blossom parade in front of in Washington DC right in front of the White House these kids are absolutely incredible and to have the opportunity to be able to go on this trip in January 26 is a lifetime of an experience for kids because it gives them an opportunity to to travel not only travel but abroad and see London um the expenses would include uh it's all expenses paid so it would pay for the parade itself to be able to participate and all of the events they've included in that itinerary which is week long it also includes food um Hotel Etc uh we of course are not too sure yet on pricing because it's a little too early to look at flights um but they'll be able to march do some sightseeing and have the trip of a lifetime so I'm here to humbly request assistance from the beautiful city of aapka because we need to give all of the kids the best chance possible to be able to attend this parade and we do have some time to fundraise and we are actively doing so uh we have a fundraiser coming up where we're going to be selling Papa John's cards I think that is very soon um and we also will have another event um where we're going to have people come to Froggers I think that's November 13th please feel free to come 20% goes to the goes to the marching manand um but any funding that we can receive would be tremendous to help as many kids be able to take advantage of this opportunity and that is all I have thank you so much for your time are there any questions yeah one question tell us how you applied or how did you get selected just how that happened man that's a great question mayor I I really don't know uh we have got an announcement from Mr Langford and um that the people that organized the parade came to the high school one day they flew in from London and we had a live video and they gave Mr Langford like a special plate and uh they gave one of our kids an umbrella that they had to hold on to to make sure it doesn't rain that day for good luck and uh yeah I have no idea how we did that it was really cool though and I was a marching band student myself and I grew up in Connecticut so my experiences were not nearly this cool um so I thought let's take advantage of the opportunity and the time we have and like to represent the city of apaka and that's awesome let these kids perform can I can I true absolutely yes okay so I see the dates starting really next de December so you're starting very early the fund raise yes okay um when is the deadline to have the funds available and how much are we looking at thank you for your question uh we would really need to have the funds what I would say we would need the funds by May of 2025 because our final payment I believe is in November which is a month before we leave next year so we would look for and but they need like a final like who is really going by May of 2025 and what is the cost total cost or about the cost of what it's we're still working on that okay um I don't have a final number to share today um but we're working on it and we can get a number to you when we know more oh absolutely thank you all are the students really excited oh they are are I have a video I recorded all of it um and they also performed that day as well so they're very excited to be able to go any other questions just a quick question has Orange County School Board committed to any funds or anything to Prov sorry Orange County School Board have they committed to any type of funding not yet I started with uh Mr Mayor here but I was going to reach out to other folks as well okay yeah and and I know there's over 200 kids in the band is there a process to determine who actually gets to go if the funds are not all there there is a uh I'm not sure if I'm directly answering your question at the moment they have a five to1 ratio for parent for the students to the shop rooms so there is the kids who can go it's anybody anybody's able to go but for everybody to be able to go we need one chaperone for every five students if that makes sense and I think it really boils down to funding how much can everybody um who can afford it who is able to go one important question yes so that means that all the students who are going to go are going to be required to have passports yes and we're working on that um as a group okay and we have someone who's already working on that too okay yeah and that's a separate from the from everything else so it's a separate process and payment Etc and that's a separate expense also passports yes it is Mr Nesta yeah thank you so much for coming and and presenting for this and bringing this to our attention it's an incredible opportunity for sure I guess once you have kind of some set numbers or a little more confident numbers if you can just either send us an email so we're all aware of it and then we can start game planning from there of how we can support you that would be amazing thank you very much absolutely thank you for coming out this afternoon thank you appreciate it take care everyone okay all right consent agenda we have 18 items we're gonna we're going to scratch item number 10 and then 17 we're going to bundle up with business action item number two so look for a motion to approve all 18 consent agenda items except 10 and 17 will be uh a discussion up for discussion with number two of the business items and mayor I'm still not comfortable with number 11 okay so do you want to you want to discuss it yes okay so we'll bring that down as well then we'll which number was that number 11 okay so number 11 we'll we'll make that our first business item okay so looking for motion to approve items one through eight scratch number 10 bring business or consent agenda item number 11 as our first business action item and 17 will be a business action item with number two there you left out number nine you said one to eight and excuse me one to nine plus yes so 1 through nine 12 through 16 and 18 so got a motion by commissioner Smith um second second by commissioner Velasquez all those in favor I all opposed motion carries unanimously okay uh we'll bring up the interlocal agreement with Orange County CO aaro transfer Jean Sanchez good afternoon mayor and Commissioners uh Jean Sanchez with the Community Development Department um this may look actually a little bit familiar to you it went before you um this year actually in June and it was uh an interlocal agreement that was um combined with two other roads one of which is bignan that you approved previously at a previous meeting and this one is Theo AO the reason why this is again coming in front of you is because we had a um slight language revision um that Orange County um asked for um when it went to their Board of county commissioner meeting and um that language revision I think it's is their template language for their agreements um and we kind of just missed that um it had nothing to do with really the limits of the segment of um AO poka road that we're proposing to um to get transferred over the city um and with this transfer I do I I'd like to point out that there's also a um a property at 1102 AO paparo that the county is also conveying over to us um as part of this agreement um I'm happy to try to take any questions you may have go ahead sir to commissioner Smith um the reason he pulled it can you give us a little more spe precise um detail on the change that Orange County made approved sure the change has to do with um the amount of days um that they will accept I think the um agreement and when um things uh when they would start to because with this proposal or this transfer they also proposed to Mill and resurface uh a portion of aoi bka road so they change a little bit of the timeline to that uh on that one I think it required them to maill and reservice within 12 months that we accept and approve this agreement and another if I can remember I think another several months to actually get that actual milling and resurfacing completed Mr Smith um yes this is also a section A roow that um previously we talked about for laning and so just need to make sure that before we take this road over that we have some idea as to how this is being funded who's taking care of the for the road and also the drainage issues that may be a part of that road as well um it's my understanding what that if you remember the ridge uh uh plan development project we had an agreement with them um to help with the widening of aoi popka Road and it's my understanding that they already have a scope for that work um as far as funding is concerned I believe there's a million dollars that was funded for this previously I don't know where that sits now um but luckily I so happen we we happen to have our previous um transportation planner who I inherited this project from um and who also is our traffic or Transportation consultant so if you'd like I I'll go ahead and invite her and just give you a more clear picture of it please do Pam Richmond 3131 Maguire Road Orlando yes I'm a consultant now but I am one of your Consultants um I'm going to take you back to why we're doing this why you're doing this and I'm sorry to say we because I was heavily involved the county told you they would never do anything more than patch a pot told they were not interested in helping widening it they felt like it was the city's responsibility and so you made the decision that you wanted to work with Consultants to widen the road so we negotiated this has been in front of y'all the agreement was in front of y'all for this segment um that's going to be widen it's actually from har Harman road to 13th Street and the reason we took the piece out from 13th Street North is because of that flooding that you're talking about Orange County acknowledged it and they told us three years ago they were going to fix it but they haven't done anything I did happen to notice online earlier this week that they put out an RFP to get someone to finally do that so that's in the works there are other issues up there they took on the responsibility of going from 13th up to Hawthorne but that's a separate thing now the agreement to widen from 13th Street down to Harman there's an agreement in place with the Ridge Development and they they scoped the um um the design phase and then you'll move on to construction as a backup when I had control of the budget I put a million dollars in the budget to do the design which is about what it cost they're supposed to do it just to make sure there was always enough money there to pay their impact fees are coming into that pot and then they will get reimbursed as as they do the design but the um the consultant that they selected to do it it's been probably long enough where they'd want to Res scope it but the bottom line is you need to issue a PO to the consultant so that they can start doing the design the money's there one way or the other so you got to do that first then after that then the money as it comes in for this agreement all the development from The Ridge and some of the developments around it is supposed to go into that same pot of money to start paying for the construction and it it's going to be considerable amount I can't tell you off the top of my head what that cost is today but I will tell you the design for just that segment is going to be about a million dollars Orange County supposed to I I was disappointed to hear that they moved the DAT to resurface the road when we put together this agreement with them they said just leave that year in there we think we're going to do it at the end of this year but clearly they're not they wanted to move it out um that forlane segment existing segment of aoya Poa Road clearly needs some more I don't know if you've driven on it lately but it it's got some patches so um they had a change of attorneys that I think they had three reviews it's it's been a long time coming to y'all so um the bottom line is the money from the design is there you just need to issue a PO you have an agreement with the consultant to do the work so you don't have to go through the procurement process that's the way the agreement was set up and and that's the only thing that's holding you back from getting started okay any other questions from Council I have a couple questions Mrs Richmond welcome back to the podium you uh thank you for being here to answer some questions here it was my understanding that we were going to uh widen this road all the way down to Keane that's a the the piece south of of um the four lane segment is a different agreement okay that's still is in the from your understanding from your experience before you left that was the it was still in the works there are some issues down there that are are still unresolved okay but the first piece that you're going to see is the signal at Martin that desperately needs to go in and you're going to see it become a three lane segment and then once the drainage issues can get worked out it'll go to forlane segment and that um is I think it's about 60% design okay and then do you know who on our team with within staff is managing this project and sheering it through to completion is it the consultant that we had Dian Diana Diana is helping you don't really have anyone on staff that's qualified to be managing these kind of projects that's why I had consultants in place um the consultant that was um helping with the the southern piece um I was having their work reviewed by dianae and one other consultant and then on the Northern end nobody is doing anything with that once you get the um the purchase order issued and you can get uh the work done on that my recommendation to you is that you take one of your um gc's and you um have them manage the design not that I don't trust the consultant but um another set of eyes especially when it's City money you know essentially it is you need somebody that's qualified yeah um I would recommend that you put one of your consultants in place I don't know you know this all fill under Community Development when I was here and I'm not really sure okay where it is I've been helping where I can just because I have a soft spot for y'all understood thank you so much again for being here any other questions no okay anybody from the public wish to speak on this matter Rod Olson 3 3156 Rolling Hills Lanes in apaka just questions the question is the storm most recent hurricane that we dealt with Expos so many drainage issues that we have in addition this stretch of road has no sidewalks which is again an additional cost why would we assume more liability and more cost at this time when we've got all these other current problems we have to address because of our lack of infrastructure thank you anybody else okay we'll close the public hearing and look for motion to approve the interlocal agreement with Orange County to transfer the koi Apopka Road from Orange County to the city of apka and mayor before we ENT ask one more question and that's in reference to the piece of land that orange count is considering transfer to us as well um have we done a study on that piece of land to see if there's any contamination there are you asking why taking this it's it's get being conveyed we we did ask Orange County to convey that over to us um I think it's late vacant for a while um as I understand it we're going to turn it into an open space that would benefit that entire side of the city because I think we don't have much Recreation down there um I think that's the plan for now you're talking about 1102 AO bka Road yes I thought this was that that dump that hole um it's not technically a dump in the classic definition of a dump as far as I understand it it clean up from um storm hurricanes it's not it's not a contaminated site we got all the documentation you have all the documentation that looked at it I'm sorry go ahead um that looked at it it's like where they put Road and tree debris and it's that kind of dumps side it's not like cement yeah right trust me I know I tromped all over it I had took a couple headers out there so I saw it up close and paral it's not a it's not a contaminated site with anything that we have to worry about but we got about 350 pages of site assessment from the county in fact the county actually um said they might like to partner with the city to make that the plans at least at some point was to do a some kind of bike park a you know like a bike track and and the site is perfect for it and then there's a partnership with the rich next door where that little lake is and they're going to make connectivity to it perhaps donate um some property over there so that you can have even a bigger site dog park I don't know walking trail it's it's again I tromped on that site too it's um it's it's very nice and it's a an excellent Partnership if the county you know wants to partner and definitely the ridge um but to answer the question very directly there's been no phase ones or phase twos done on that property in any capacity that we know over that is conveying to us that we have in our I saw phase one yeah they they the county made it clear when they gave it to us that it was it was a landfill but it's it's not a contamination site there's nothing there to be worried about they did all that um all that information's in the file and and to be clear we owned it before they owned it so we still have if there was a problem we have responsibility as well so it's yeah I mean I don't think it's it's all you know debris wood and and concrete blocks are busted up blocks I mean it's just construction debris that's that's not it's not contaminated I thought I recall that the environmental assessment didn't say it warranted a phase two but I'll double check um and if you can convey that a copy of that to everybody as well just that we have it as well yep thank you oh and there going to be sidewalks mul Trail all upular Road being designed with the Construction Construction it's been shut down for gosh 20 years 30 years long time because there's some big trees in there that it's been shut down for a while yeah yeah okay and so you saying that with the widening a road they would include sidewalks and yes and a trail and a trail sidewalk on the side where there's no the trail and and the ridge is develop is um um giving um 30 feet a ride away I think that that all the right away that's needed has been um accounted for the County's giving some so so who's going to be working on getting a consultant then um The Ridge is going put someone under contract they already negotiated with somebody and the reason we did it that way was to not have to to go through the city's process but I assure you the city was intimately involved in the um reviewing things and making recommendations to them as to who they use to design and um and the city will watch over them so when you say the city and let me ask Miss Jean who in the city is going to be overlooking that project I haven't been given that asked yet um I think once this Ila is adopted and we get the deed for it that's when we'll will be given a project manager or assigned one um would that be a transportation um because we don't have anyone since Miss Pam left we have yet to uh bring in someone to take that position that she vacated right well as you know I'm not a transportation planner I just play on TV um but you know like Pam said we have really great and capable TR traffic and transportation Consultants so frankly uh project manager of this even though it is extensive a significant project um I think it would be manageable right now until we find a transportation um planner or coordinator um for somebody perhaps under engineering um Public Services who deals with road construction and such um I'm not sure I'm not you know it's above my pay grade um well then that's something that we'll have to ask the chief administrator are we working on uh filling that position this is a big project that we're taking over don't want it to sit there and not have someone actually you know managing it because it's it's there's a lot of money in involved in that we want to make sure that it's done correctly right and we have plenty of projects right we have plenty of projects coming along UMO Poco road so I think that would be a to to to get somebody to do that okay and so Optimist optimistically we're hoping to be able to fill that position this year this calendar year so hopefully we'll have somebody within the next month and a half yeah I mean my concern is taking on a road and not having someone to to manage it or manage the project itself I mean that's for me is a that is a need of the city yeah we we need to fill that position I don't like to see a project kind of split up you know a little bit here a little bit there because it doesn't get done correctly agreed um I don't know about this one now we had already approved this right and it went to Orange County to get their approval they denied it effectively no they didn't deny it it didn't go to BCC they had a change of legal councils they had an overturn of employees over there gotcha so the new ones wanted a little bit of language change and so that warranted for us to have to take it to council again but it was approved on September 10th by BCC or actually this one was September 24th sorry it was approved by the BCC yes it was approved by the BCC at their hearing on September 24th they approved the amended version that's triggering you to have to approve that amended version have understood okay I thought they approved the old one and I'm like you can't just come back then sorry okay got it um all right understood thank you all right looking for motion to approve the interlocal agreement with Orange County to transfer the okoi Apopka Road 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 all opposed motion carries unanimously next up special events request Bradley Christmas good afternoon again rad the Williams Parks and Recreation director got a couple special event requests items here for you first one today is a road closure request for the Christmas parade a papka Christmas parade the annual apka Christmas parade is a popular Community event organized by the foliage ctoa Club of apka this year's event is scheduled for Saturday December 14th road closures requested are the same as in years prior uh which would be a long Park Avenue between us441 and Ball Road and some of the side streets coming up to Park Avenue uh road closures will be uh between the hours of 8: am and 1M on the day of the event and I I'm here for any questions the DRC did review and approve uh this permit application unanimously on September 25th 2024 at their meeting any questions for Radley anybody from the public wish to speak on this one not we'll close the public hearing look for a motion to approve the special event request for the road closure for the poka Christmas parade got a motion by commissioner Velasquez second second by commissioner Anderson all those in favor I all oppos motion carries an athlete so we want to pick up which one do we want to do first on the um number two the go and do the special event request you want me to do that one okay the second special event request is for an open container for market on Fifth Street uh the weekly market on Fifth Street special man organized by propagate social house has requested city council approval to allow open container permit consumption and carry of alcoholic beverages during their weekly special event which runs Fridays between the hours of 600 and 900m uh the open container boundaries are identified on the map in the packet and on the screen uh this approval is uh does have to come to City Council uh in section 6-3 item four of the papa code of ordinances the uh in the staff report it outlines the uh regulations and what what will have to be done during the event before the soap container and the uh container area does stretch to the north uh to Encompass the opportunity for the businesses uh I know we do have a couple restaurants up on that area to allow their V their custom to participate dine in their restaurant and then walk into the event area so that's why it does go up to the north a little bit we did make sure to isolate it and prevent it from hitting the sidewalk right away on East Main Street and the sidewalk right away on Park Avenue again to try and keep it contained to that uh General event area I'm available for any questions okay any questions for rley um were all the business owners on that street notified where they're all part of it they all agree because I did get two texes where two different separate texts first they were some residents in our city are kind of concerned about the open carry of alcohol in that area um even though I I did respond saying from our agenda review the paramis with of which they can have the open carry alcohol basically it's just from the hours that they're in operation and it's uh within the street that's closed into the parking lot going kind of staying within the parking lot they're not allowed on 441 they're not allowed on um opposite the city hall here or on Central Avenue they're not allowed to kind of walk around and carry open carry alcohol beverages on that side um I mean they still felt that um allowing the alcohol the open carry alcohol they were still not for it but then uh there was mentioned that not all the business owners were aware of this open and carry um it's my understanding the this uh was brought forth through the special permit process so the permit organizer the event organizer would make contact with those businesses it's my understanding that was that was done I'd have to follow up and see no so oh okay okay so um that that that's a concern because I want all the business owners on that strip there to be in agreeance of it um I don't I know that two business owners are um are for this actually I think three but um there's a concern that not all the business owners were aware of it so I I don't know how uh we handle that um if it's the pleasure of the board I can I mean this can be brought back to the event organizer to have that conversation and get that verification if that's something that the board wishes and does that open carry um of the alcohol beverages does that in any way affect our a liability as a city we've uh We've treated this as since the event does not have its is not bringing in an additional bar like a special EV bar they're utilizing the businesses that serve alcohol they just want them to be allowed to carry into the event space which is in the street um we do still require the the same insurance that we would if if a bar was operating in the special event and they have provided as as approving the event that does not subject us to liability in the sense that the the operator has liability we do not simply by being the approving agency of it no we do not okay so that that that's answered my only concern is that um I want to ensure that all the business owners on that trip were notified of this and and that they're in agreeance and we'll support it um that's you know that's my request is anybody from The Fifth Street pole here at all I don't believe she is here today no well that's a concern but I guess you can open it up you know if there's anybody else that has any concern any other question questions for Bradley before we open up for public comment yeah I have a I have a few and it's items that we brought up during my Council or my agenda review one I don't think it's appropriate to have this all the way in the parking lot and all the way to businesses to commissioner bl's Point uh that haven't approved this or haven't reviewed it yet I think the event is on Fifth Street let's keep to Fifth Street there my concern with having open container on the sidewalk or the city-owned parking lot is that you'll just have people and I mean you described it this way as tailgating in the parking lot for a family event that's not the and not saying it's necessarily a family event but an event that welcomes all of our families I don't think it's appropriate to have a tailgating theme going on um and I think if we do want to eventually expand to there we can have that discussion make sure all the other businesses are on board and include them as such but I think starting small and specifically on Fifth Street is where we need to go especially because none of the vendors actually on that are going to be vending for that event sell alcohol it's exclusively the businesses that are already within our our city and it's those businesses so it's not that we need more space it's just they want to be able to stroll and be able to Patron the other vendors that are there reviewing the application itself this application was submitted October 14th their BTR expired September 30th so I'm not sure if we reviewed it as staff to make sure that's correct um there's inconsistencies between our agreement our license agreement that we agreed to last month and the times that were put into this application so for me looking at this this application needs to be redone properly with the correct names in it the correct dates having updated BTR having an adjusted zone for open containment itself and make sure that cuz this application has propagate Social House on it our license agreement is with co- packing USA so I want to make sure we're staying consistent if we're going to do this and is it a special event permit that we're doing for open container because wouldn't that only apply to one date the request would be to have it every Friday at their event yes would so shouldn't there be a separate I don't that's not showing up in this application that this is going to be multiple dates so those are all my concerns I'm not asking for a response right now but those are all my concerns here so would my ask and I'm happy to hear not not only from public but from the rest of my Commissioners and mayor PE that we postpone this to get a corrected fully perfected application and then have the detailed discussion from there um I'm sorry can you can you repeat when was the application the date it says it in there it says uh October 14th okay I put the wrong date any other questions rley I know we've got the applicants here so maybe he could come up and answer a couple of questions before before the other public comment okay Jay you wanna Jay or or Brandon whoever which yeah unfortunately Ella is not available she had another meeting to attend to so I'm G to try to speak on her behalf but I said unfortunately Ella who uh I'm assuming filed the application is not here she had another meeting to attend too but I'll be happy to try to answer any questions and um clarify anything uh yeah as you mentioned so co-packing USA is propagate social house co-packing is our our main business propagate is a DBA under that that's why that inconsistency is there um and the idea is to have this every Friday that see people can enjoy you know walking uh Fifth Street Plaza and the Farmers Market all at once without having any concerns of uh am I allowed to take this off property can I go over three o guys can I go to the Smoke exchange where can I go with my beverage and that I I'm okay with I think having your event the the market itself have access to open container I think is is beneficial not only to your your vendors but also to your businesses there as well so I think starting small on Fifth Street itself and then should the other uh businesses and and restaurants in the area want to partake then we can address expanding it from there my concern is again that it's going to turn into everyone's just drinking out their cars because they don't have to pay the fees and the extra costs okay yeah I think um you know the the map is expanding to include hick Seafood obviously Halls on Fifth when that opens up and so the parking lot is just the the area in between the spaces uh hello Council my name is Brandon sigaran I own two businesses in the Fifth Street Plaza um I Mr Nesta thank you for your concern in regards to the open container um however I have been there for about two and half years I watched this uh on a daily basis that's not the kind of event that the Friday night brings and furthermore every single business in that Plaza possesses at least um a beer and wine license and it's becoming increasingly difficult for our customers to frequent multiple locations while we're down there for instance somebody comes into my store and has a glass of wine they can't go down to propagate to meet their husband or wife um because of the the rule with carrying a drink with you um the market is executed with a precision and professionalism and I watched this happen on a weekly basis as well there's also a a heavy law enforcement presence down there from a poka police department so I think it's it's a little bit Folly to say that it would turn into like you know this big party down there um I think that we've demonstrated over the past two years that that's not the case and that that won't be the case um as far as the application goes I'm sure they'll get everything straightened out and filled out properly for you so that we can remet about this and one of the one of the questions that was asked was um with with with all the the um I guess like hick Seafood where they where they brought in and I guess the bar all the other businesses within so I don't know about hick Seafood specifically I I can't speak to that but as far as the businesses in the Fifth Street plazo um I just actually left a meeting with all of them and everybody in that Plaza is indeed on board with this we think it'll all facilitate and Foster more of a I was just at a meeting with the owner of just of just no I specif all right you're talking to the council please okay yes okay so all right so what kind of I'm sorry you said you own two businesses yes ma'am uh the second one is a familyfriendly fun spot that we looking to open in uh the second uh month of next year it's right next door to my store store it was was previously known as the axle me find spot so it's not opened no it's not currently open but it will be and it will have a a beer and wine license when it does in February and uh what is the other business y uh the smoke exchange okay okay I a few questions as well yes Ma I'm just trying to understand what is the legal name is it propagate social house or is it Market propagate Market on the fth what is so propagate social house is the business that um has um been hosting all the uh the weekly farmers market so market on Fifth is just a corporation yeah it's a yeah it's a corporation it's it's an off brand just to kind of separate us we don't want to make it like oh propagate running this farmers market this farmers market Farmers Market is not about propagate it's about Fifth Street it's about building the downtown community bringing businesses in bringing people in all that kind of stuff so the so propagate Social House does sell alcohol correct yes yeah propagate social house and um that entity does the application says will you be serving alcohol is no so they will not be serving alcohol U I'd have to look at that I've not personally seen the application it says no okay okay I have I have to look into that yeah some news to me yeah obvious okay so I believe the intent was that the event itself is not serving alcohol so they're not bringing an offsite bar on the event onto the event the businesses around would be selling and then have the open container for them their customers to walk into the event space um just the application just not just kind of all place is not complete application so it's kind of Mis yeah I think um you know the intent here is to make kind of like U mirror some of the efforts in other cities like Mount Dora Mount Dora is a great example trying to mirror some of the efforts in other cities where you can have a glass wine and walk stroll around the streets visit colge Park is I mean they amazing how what they do I've been to four or five events down there with my son and daughter-in-law and it's a it's the whole it's a street four or five times as long as Fifth Street and um exactly what they do they they've got bands on each end of the street so big that you can have a band on each end of the street and and U but so going back to I guess so we don't know whether um the folks that would would be on the north side of fifth have been been contacting I guess sounds like maybe even um Mama's has not been informed or is that um uh well I just actually left a meeting and I did confirm with her right before I came over here that everyone at the table including her was okay and I specifically got a yes from everyone at the table and the owner of M was there not on the North side the north side was that no oh not on the North side no no no the other side no no no okay so we haven't not yet okay so I'm thinking we're gonna probably need to bring this back and we got to get the the the people on the the north side of fifth engaged and and perfect and comfortable with this and get some corrections down the application as Nesta pointed out as well and yeah because he said the BTR was expired September 30th perfect is that which BTR Mr Nesta whatever's in there whatever was it's for propagate they confirm that is active and was paid so we need to get the active one in there so we just need a fully perfected corrected application let's bring it back perfect and get this right and have I would like to obviously have public comment now and then yeah bring it back as well that sounds great so just I want to make sure I take my uh my homework here so Corrections on the application uh they that's the all the dates all these businesses speak to all the businesses or just hick Seafood um there is a Chinese restaurant I don't believe they serve beer and wine and there's also a barber shop which obviously don't still yeah they all need to know okay yeah is there a um specific U like in writing you want to have like a form sign that yes I approve of this or that that would be the best absolutely perfect we can do that yeah I'd give them the agreement that you that you we have today and then say with the i the adjustments won't they're more more of a technical and a technical nature just like a simple like a simple statement that everyone's signatures on well I I think they need to see the agreement the little technical changes won't matter to them but just you know get that simple agreement that show them and say okay they're approving and in support of the event the way that it is very cool consider thank you very much council members and Mr Mayor okay all right come on up okay Virginia Street 2119 Palm Drive I I uh I have a few concerns um this street is owned by the right and um before we before we start creating uh applications and things like this there needs to be some Unity before this happened before y'all submitted it that should have been done first that's what I'm saying okay I don't have a problem with it it's just that things need to be done right in in order that you know that all of the businesses whether they sell alcohol or not need to be aware of what is going to happen um also I had questions about the liability um if someone There's No Boundaries to stop someone from going and getting something to drink getting in that car and driving off nothing we already have uh where the city is paying for the police department and services services to set up for you every week for free that you're not paying the city's paying right so we already do that if we going going to do that and have alcohol out there um we may have to have extra they may have to have extra people out you know which is extra expense the city has to pay for and um if it's a familyfriendly event you know sometimes alcohol and family you know don't really mix I mean um I also am concerned about that with some of the things activities that we're seeing that are happening in places where there's a lot of people around people are gathering and you cannot predict what people might have in their minds about what they're doing so again you know the police department will have to have extra people out there that nobody's paying for but the citizens so that those are my concerns um the and and I'm not you know uh this should have been something that was calculated and done before y'all brought this here you know I I I am I am very uh displeased about how the businesses are getting along in that area and if y'all can't come on one Accord and bring the application here then don't bring it until everybody is informed and everybody on the same page you know it's just it's just it's just it's just not even necessary so I just those are my concerns that that there's no way to control somebody from getting in that car driving off with whatever they have you know it there just no there's no boundaries and if you're expecting for the police to put more people out there that they're already giving you uh uh they're not charging you for their services directly um I think that's unfair to ask them to do more than they're already doing you know I think they're doing they're doing a good job I'm I'm out there every week or every other week but they're doing a good job they're walking up and down the street they're just you know but we're giving them more things to do you know I mean like they're bouncers you know I see people when they drink and they have that freedom it's it's it's something do we really want that kind of exposure downtown um downtown Orlando you can't walk out the their clubs you have to drink your drink right there you can't do that I I don't think it's a a wise move for us to do not at this time not at this time okay okay thank you okay next up hi Dr o um you see the masking up up there um maybe it was just done quickly but it covers 2third of those buildings up front and it covers the entire buildings um in front of Fifth Street now I'm sure the furniture store doesn't want to be included in open container the law office um just like Mama's wasn't notified I notified her last night when I opened this up um she wasn't aware um the people in the front buildings were not notified um Mr McLoud Ray McLoud uh gave me permission asked me to notify you of his concerns of liability because he owns a lot of the asphalt back there in the driveway and the asphalt behind his building and he knows a lot about liability and he was unable to come today um the Chinese uh restaurant doesn't want people on their back asphalt stumbling driving drunk um whatever um the mobile phone store they don't want it they were none of them were notified none and they own property back there they're responsible for that asphalt back there it doesn't belong to the city and so the city has no right to give permission to that asphalt to these people and they pay cam on it too to to parts of that but to give license to that building back there where it's masked and the landlord was not informed about this area here and he can speak to it Mr Kim um he wasn't informed until this afternoon when I called him asking if he knew about it I didn't know he was the landlord at the time when I called uh my concern is liability and pressing our services here because as you can see the city of Orlando has to had to cut down on bar hours and problems in Orlando due to shootings knifings and all kinds of liability they've had excessive drain on their um Public Services because of medical issues drunks people getting sick having to have EMTs and paramedics and they should be out serving people with heart attacks and car accidents and instead they're serving people in the drunk district and it's very sad and we need to have our paramedics and stuff yeah they they don't mind doing it but they shouldn't have to be doing it and so I'm I'm really disappointed that this even had to come forward for one business making a profit on Fifth Street taking over Fifth Street thank you thank you Mr K uh mayor Nelson and my fellow Commissioners uh I'm here today just just to uh to let you guys know number one I wasn't notified I didn't know what was going on so pretty much I just want you guys to know that I think there's some people who weren't notified so I think the best thing that we could do at this time is just to notify the whole Community get get all their input and for me I'm a very neutral party and so the only thing I'm worri worried about at this time is liability so if the city can just basically cover liability insurance if someone's getting hurt in city property because it does affect the the city property but if they can cover the liability issue I think that should cover everything for me but I think it right now it's too pre premature at this time to make a quick decision so I would just ask for just another extension of if feasible and and then just get the comments from the community community and ask them what how they feel okay but but uh for our family and the building that we own it would just be liability issues if someone's getting hurt I think the city of aapka needs a very good insurance policy that's all I have to say today thank you for your time okay hey let's Drew can you kind of address the the liability issues from the city's standpoint please as as I'm listening the public comment I think I think I'm picking up on two different two different types of liability there's the public liability on the public property and the private liability on the private property and we we would not be indemnifying what's happening on the private property and I think that's that last comment that would not be the city's place to go and obtain insurance for a private event that's occurring on private property but what but I also I think going to where you already are on this item which is we need to have everybody invol everybody who's out there involved in the conversation I think that is an important part of the conversation is for those business owners that don't want that don't want somebody who's been consuming to be on their property and a potential risk because if I've been if I'm a little bit impaired but there's also you know a a toe catch on your parking lot and I catch that toe catch yet I've created you know it is it may have happened whether I was drinking or not but I now have created liability that that that person may you know face a lawsuit so that's the reality of it you know it's a reality every day where there's alcohol involved or not but certainly once you introduce alcohol then there's the possibility that somebody does stumble and fall in something that they might have navigated had they not had that alcohol but if it's private property if it's my private property I don't have to the city you could not authorize them you you could not tell somebody you have to open your private property and allow this to occur on your on your property so to the extent that there's any of that here yeah that that can be peeled back and refined so and and to kind of echo that same sentiment it's not so much the business owners that we need approvals towards the building owners the land owners themselves because liability would lie on within the building owner if it's not the same as the tenant correct it will depend on right it will depend on those lease agreements it could it could have been transferred by agreement to the tenant but that landowner is always interested in liability AB absolutely okay and one thing too I want to just state is that we've been having issues every Friday with cones in the street being blocked off a little earlier than what is in our license agreement which says 3:30 so I want to make sure that we're enforcing that properly every Friday making sure spots aren't being blocked off or closed off before 3:30 correct and the apka police department has addressed that last week that I know there's some issues and especially with early voting going on there is more people in that area than normal but we have addressed that with the event organizers and to to straighten that out okay okay so uh anybody else want to speak on this matter if not look for a motion to um well I would like to hear what Mr streets had to say she's already talked once I want to hear what she had to say still no no it's that's no oh wow all right so looking for a motion to postpone the is it the application for the special event request special event request for I mean I mean open container during the market on Fifth Street event well wouldn't they need to resubmit everything again and start over I think what I've heard is we got some uh details to correct in the application permit itself I think the course would be correct those bring it back through DRC one more time then bring it back to council okay so I don't know if it's just cleaner to just deny it as stands now and then bring it back forth uh when it's ready the cleanest probably be if the applicant wanted to withdraw the current application okay I'm sorry what looking for the for the applicant maybe to just withdraw the application okay good okay so withdraw the application okay thank you okay number three Dutch Brothers Coffee Jean Sanchez so they withdrew the application for the record Jean Sanchez with the Community Development Department this is a request to approve the transportation impact fee credit agreement with Cole Valley Partners a papa DBL LLC for $77,500 60 the construction site plan for Dutch Brothers Coffee at 1434 West Orange Blossom Trail was approved by the development committee on July 10 2024 at that time the the project was was undergoing DRC review City staff discussed its desire for the site to have cross connectivity to the home in and Suites um to the improved signal at US 441 in arrel AOL Parkway because the connection provides additional roadway capacity and is considered a Safety project Dutch Brothers were told they may receive Transportation impact fee credits up to the amount of the impact fees they would be required to pay building permit issuance therefore Dutch Brothers pursued impact fee credits by negotiating with home in and Suites to acquire an easement for the connection and after negotiations Dutch Brothers reached an agreement with the hotel and are now ready to enter into an agreement with the city for transportation impact fee credits while the connection May benefits May benefit Dutch Brothers their site will work without um without it as they will maintain an Ingress EG share access with the existing veterinarian clinic however the specific cross connection related to this impact fee credit request will eliminate the need for nor Northbound traffic to u-turn at Aral Parkway and us441 signal and enter via the driveway shared with the Animal Hospital it'll also Al allow drivers heading north from Dutch Brothers and the animal hospital to exit via the traffic signal eliminating the need to make the difficult and dangerous u-turn on 441 via the directional median the cross access provides all three businesses with second access particularly beneficial at critical times for emergency services that goes above and beyond our access management standards this cross access connection has also been contemplated by the city as a safety Improvement since the decision to rebuild the signal and cross access existing with San Miguel restaurant and relatively new multi-tenant center the recommended motion today is to approve the transportation impact fee agreement with Co value partners and reimburse or I'm sorry with Co value partners for $77,500 60 upon completion and City acceptance of the Cross access Connection staff and applicant are available for questions okay any questions for Jean all right anybody from the public wish to speak on this matter not we'll close the public hearing look for a motion to approve the transportation impact fee credit agreement with Dutch Brothers Coffee so got a motion by commissioner Velasquez second second by commissioner Smith all those in favor I all opposed motion carries unanimously next up roadway resurfacing program Michael Ortiz good evening mayor and Commissioners um my name is Mike Ortiz program supervisor and oops wrong way perfect and today I'll be presenting the proposed select the roads for the FY 2425 roadway program um basically before um quick little outline of what we're going to be doing uh in this presentation we're going to go over the strategies use in selecting the roads uh some roadway history of past Pavements uh pavement treatments and resurfacing treatment methods and a list of the roads that were selected so when we go into selecting roads we consider the PCI condition assessment report that was done back in 2021 we review the scores we select the roads from there then do a field verification of the roads to see what conditions they're really on um from there then we determine what's the best method to treat those roads here's a little history of for the past four years um you can see the mileage of how much roads we have increased and the amount of roads that we have resurfaced uh the P pavement treatment method that we decided to go this year to it's going to be the mill and overlay in the cape seal uh We've SE deemed those the best two methods uh here's a little process of how the cape seal works and it's basically a s slur that they put above the existing pavement and basically acts like a barrier between the existing uh to uh prevent any moisture from intrusion into the base and the asphalt that's existing the Mel melon overlay process a little bit more work they Mill the top uh layer which is about an inch and an inch and a half then they place the Asel on top and then they roll it down so this is the first subdivision we went ahead and chose and reviewed it's going to be The Meadows muu Helen subdivision uh these are all the proposed selected roads and we deemed it to be a Mill and overlay process um we found some issues out there and we seemed that this is the best practice for this one second SE row that subdivision that was selected was The Pines of wo subdivision uh we're going to do this section if you look at the Falcon press we did that one a couple years ago we did a millon overlay and we're going to continue the process and this is the second phase in that subdivision for the cape sale we chose the Spring Ridge Subdivision um these are the proposed roads made a little typo here uh this is part of the Spring Ridge Subdivision as well this is just that little section on the west side of the entrance where we're going to do Cape S as well and then this is the north section of the subdivision and this is a same as a Spring Ridge little typo here too where we're going to do the cape sill method as well uh in summary we're doing 3 miles total of Cape seal which is a total of $33,750 60 we're doing a total of 6.4 miles of mill in overlay which is a total of 1,361 25140 total is going to be 9.4 miles that we're going to be reserving this year and the total amount is going to be 1.7 which is within our budget of the 1.7 approv so I request the council to review the list and for approval um and if you guys have any questions I'm open to it any questions for Michael these were subdivisions I remember we had done a study and these were the top ones that yes so we looked at the PCI report um we also take customer concerns and consideration um the one I go back to it this subdivision right here we had a couple customers complain uh not complain send concerns to us about potholes and we did 16 pothole repairs in this one subdivision we found certain areas where the asphalt was barely half an inch thick so we went in there we looked our PCI report said something a little different but once we did a fied verification we noticed that this needed more attention sooner than later if we catch these issues ahead of time we could still do a cheaper method of repair rather than more costly cod in place which is a total reconstruction so that's what we do that's why field verification is very important in this process in ensuring that we do the best method in the best most concerning roads so it's so that one's getting because it's green that's Mill and overlay yes it's going to be M and explain the process so the process is they come in with their and I could go back to the slide they go with their machine and then they shave at least an inch to an inch and a half of the top Surface after they do that they come back and reapply fresh brand new asphalt and then they roll it down into you know a good stable Road after that good nice asphalt and then um that's basically uh kind of like a reconstruction method it's just getting the top layer if these roads eventually if the the asphall gets really bad and you start seeing cracking the water can penetrate through there and start getting into the base once that occurs then a whole different treatment because once the base is compromised that's when you start seeing dips and everything in the road and we have to do a total reconstruction of the base and the road and that's when the golden place is used but if we address it ahead in time we could go with this cheaper process okay any other questions for Michael okay anybody from the public wish to speak on this one not we'll close the public hearing and look for motion to approve the FY 2425 roadway resurfacing program so Mo got a motion by commissioner Velasquez second second by commissioner Anderson all those in favor I I all oppos motion carries unanimously I one question I'm so sorry and I appreciate your presentation the because these are all neighborhoods and a lot of them are cack dead ends what type of I guess the notification and plans to let people know that you're not sealing them in for a couple days yeah so I always communicate with the HOAs try to talk to them and have them do some type of notices we also do post it on the website as well to alert everybody to hey this is what's going on but I found more success with communicating with the HOAs then they have their meetings and they're able to tell all the residents or and put on the boards too and the entrances tell them hey this is what's going on okay so and what's the timelines to start the projects so with the hurricane I had everything kind of set up but we had to shift schedules now because the storm and everything that took place um I have to assess these roads now to see if there's any debris because I want to remove all that first before we start this process because if not it's going to be too much once we get that started and and I get everything out of the way then we just go ahead and schedule a time frame so I can't give you a definite answer right now thank you question have you seen I know that oil prices have come down have you seen any movement in um I haven't right now we're still going off of the old contract so I'm curious when you when we see the new prices I'm hoping you know so I can get more roads done but we'll see okay any other questions for Michael okay all right anybody public wish to speak on this but not close the public hearing look for a motion to approve the FY 2425 roadway resurfacing program question I yeah sorry i' ask a question after that's my fault okay okay ordinance number 375 thank you Michael we have to the city building security policy discussion which one I'm sorry consent 17 we're gonna we're gonna pick that up with um number two number two onance yeah yeah so it'll be up yeah okay ordinance 375 ordinance 375 an ordinance of the city council of the city of aapka Florida amending the code of ordinances of the city of aapka by amending part three Land Development code Article 4 use regulations Section 4.2 principal uses table 4.2.2 C principal use table to allow recreation facility outdoor as a permitted use in the seor quor commercial district and mud mixed use downtown zoning District providing for codification providing for seever providing for conflict and setting an effective date any changes anybody from the public wish to speak on this one not will close the public hearing and look for motion to adopt ordinance number 30 375 U some got a motion by commissioner Velasquez second second by commissioner Smith all those in favor I all oppos motion carries unanimously next up ordinance number 3081 did Andrew is it better to do which one do you want to do first is it do the ordinance first and then we can kind of seg the policy really is the administrative implementation you know the what happens at the staff level to implement the ordinance I is the super thank you sir all right ordinance 381 an ordinance of the city Republic of Florida amending chapter 42 miscellaneous offenses of the city code of or ordinances by creating section 42-3 public access to City buildings providing for recognition that certain areas of City buildings require regulation of public access to provide for the security and privacy of public visitors city employees and City officials and minimize potential dis disruptions to the work of city government classifying certain Forum areas within the city buildings authorizing authorizing the city administrator or designes to manage public access to City buildings by classifying Forum areas and implementing measures to separate Forum areas regulate access and ensure security and privacy providing for violations for unauthorized access or disruptive behavior with non-public and limited public forums prohibiting the unconsenting recording of video or audio within s City buildings except during public meetings providing the authority to issue trespass warnings providing for codification severability conflicts and an effective data anything left there Andrew I I will break it out that was a perfect summary it's a great title because it summarizes everything but nobody understands it right and for the and Drew Smith for my partner Andrew hit Drew Smith here tonight uh from the city attorney's office and just as the title alludes to what this is doing it's balancing the the public First Amendment interests with the city business interest and that's what the courts recognized that while public buildings are public buildings they are Al also places of public business and the city has every right to ensure that the public business is able to be uh effectively and safely and efficiently performed while the public is still allowed what access we can um in that process and so you you heard in the title you see it on page two of the ordinance uh really page page three of six of the ordinance excuse me the the real core concept here is the non-public form and The Limited P public form and in this ordinance just give you a little bit of background this has been modeled after Puna Gord Gord Gorda ordinance as are many in the state that are being that have been developed recently and are being developed right now to do the same thing we are here because Puna gordus got challenged they went to court in9 19 on a challenge and the court upheld it so that's why that's being put forward by the league as a model and why many jurisdictions are using it as a model since it has had that judicial review and has been approved um she have the non-public forum and The Limited public forum I'll add to that the one that I know you're all familiar with you've heard before which is the traditional public forum your Parks your sidewalks traditional public forums are the places where we allow and Ure to allow the most speech that is where you know you you may have your your your person with the megaphone who wants to speak out against against this ordinance for instance what whatever their their speech that they want the public to hear and the commission to hear those are your traditional public fora we're not talking traditional public for here we're not talking about places where speech is is really we try to suit for unfettered speech we don't want to limit you in any way you know we're we have to avoid content-based restrictions and any restrictions we put on on on speech Within traditional public fora have to be narrowly tailored and do no more than we absolutely have to do to protect the public health safety welfare we're not worried with those standards with limited public Vora and certainly not non-public V with limited public Vora the courts have said there's a much lower standard and that's a standard that applies to uh our lobby spaces here in this orance that's our lobby spaces that's the spaces this convert to a limited public for Forum when we're here for a meeting um a conference room convert to a limited public form if you're there for a meeting the public gets those rights that we expect in a limited public form the ability to come here and under those rules the commission has adopted to speak to you you know I get to say what I want to say you don't get to say drew you don't get to say that we don't like what you have to say you don't get to say it you don't get to do that you don't get to Viewpoint discriminate you have to give me my opportunity but I have to follow the rules that's different than the traditional public forum where you don't really get to make many rules about how I speak or what I say in the limited public forum you do on top of the limited public forum and most spaces in this building bya this ordinance will be made non-public for because again while is a public building is a public building intended for public business and the business comes first um the nine to five hours when we here for a meeting it's about public interaction but when your staff is in their offices doing their work they have a right the courts have recognized they have a right to do that work without the public coming in and interrupting them and distracting them from that work and that's this this is not a First Amendment audit ordinance this is much this is broader than that but first amendment audits is what has triggered this in a lot of jurisdictions because you have people coming in to to business offices because City business offices are business offices and and intentionally creating distractions not all but some have and and this is a way of dealing with that and so by creating those non-public access areas you are able to create a situation where your employees can say I don't want to be reported because the courts have recognized that right too all of us as private citizens have it right in Florida you have to get my permission before you record me if I have any expectation of privacy in the space that I am the court said the same applies to an employee of a government that if they are at their desk and there's an expectation and privacy at that desk you still have to have their permission to record them that's what this says um part of it is and if you go down to to what this is delegating to the city administrator a lot of that is the signage the making sure everything is appropriately marked so the public knows this is a non-public access area you have to have permission to get back here all the things that the ordinance says uh one thing that I'll note in the non-public for that it discusses um and actually really where the and here when we're in the the non-public Forum that has as we're standing here right now transformed into a limited public forum there is this concept of uh legitimate public business that's coming straight out of that Sheet's decision that's that's a term that the pun Gorda used in their ordinance and the court specifically hinged on and what what they're doing there and what the court appreciated them doing there recognized them doing doing there was tying the space to the context of use at the time so for instance we're in a we're in a limited public for right now we all know the rules of a council me of a commission meeting I'm standing here at the podium giving a presentation on this we're all engaged in the legitimate public purpose for this space at this time if I went off the rails and I decided I was going to come up and start walking down and lobbying each of you on some other item not on the agenda tonight outside of the rules of procedure for this meeting I might argue that I'm engaged in public business because I'm interacting with my elected official but at that time in that space it's not a legitimate public business so that term legitimate public business it's really tying context what's going on in that space at that time and is that what's intended so in this space that's a good example to go to the employee offices to give you a different one legitimate public business if I'm in the non-public Forum area which this is set up I would have to have basically permission to come in and an escort right and so if I say I I have a meeting with Jean and I go and finish my meeting with Jean I've I've finished my public business my legitimate public business well I want to go see the city administrator so I contrary to to what staff is asking me to do I March down the city administrator's office and start knocking on his door from my perspective I'm still engaged in City business right I want to talk to the to the city administrator but it's no longer legitimate City business because I have now exceeded the scope of what I came into the non-public area to do does that is that kind of make sense to everybody so those are the those are the big Concepts uh I talked a little bit on the recording that's the last one that I really want to touch on so with recording obviously when we are conducting a public meeting whether in this room or in a conference room anywhere where a a notice public meeting is being conducted the public has every right to record video uh audio as long as they're not creating a disrup disruption they have a right to record public meetings that's that's that's confirmed by state law where this restriction on recording comes in it really is getting back into that outside of those times when we know recording is is re is required regardless of whether I want to be on camera that night or not when you're in the when you're in the offices when you're in the private spaces when you're in these non-public fora then just as a private citizen has the right to do just as the court to recognize a governmental employee has the right to do a governmental an employee of the city can say I do not want to be recorded right now and you will not be allowed to record it in a non-public form and again that that was part of the sheets case that was part of the argument and again why we're all all the cities that we work with they're all kind of using that as the template for how do we get how do we get back to efficiently run government where our employees feel safe and not threatened because sometimes that's what happens is when you have these incidents occur people start to feel less safe and when people start feeling less safe work starts to get less efficient um as I said before I came up here the the policies really are implementation of this so I know the policies go into more detail but that's because they're really spelling out for your staff and and your Administration how how do we conduct ourselves within this new system so if there's any questions about the ordinance or the policies I'll do my best there I may like I said as City administrator Chief the chime in if there's any questions they might be a better student to answer any questions my my question would be um um and and I'm going to make reference to the city clerk's office because that's where most um some of the visitors come up and they want public records and they start to record or they actually start to record their uh transaction or their discussion with the city clerk and the city clerk expresses um you cannot record I I'm asking you not to record our conversation or to record me in your video at that point um what would be the action that she can take if the person insists on refuses first of all it would be to to to progress no further into whatever that meeting was I will no longer be able to interact with you and the next step is is it the call coming to your office or to to administrator's office is the intention so but ultimately it would work its way up the flag pole and if you still if it got pushed far enough you would have the trespass warning as you see in the ordinance and the policy working its way all the way up to trespass warning where the person could be trespassed from the building so I I know that now I think I believe that most of the doors have posted no videotaping and no recording um but we're going to have like more official um notices rather than what we have now at 8 and a half by 11 type paper on all the doors I was in city of Sanford yesterday and they still have 8 and a half by 11 paper too so don't feel bad okay um all right that that was my question because I you know it has happened absolutely yes and it and and the staff has expressed not feeling safe in that environment and you know they don't want to confront our residents they want to you know provide the service but they're providing the service in an uncomfortable situation we don't want that for the employees yes ma'am commissioner Anderson no understand commiss Smith good commissioner Nesta yeah thank you for going through that and describing this my concern is that uh the word legitimate the phrase proper use who is defining what that means again that that's why I point out that that's really coming from that court case and where it's tying the context of the room because legitimate is contextual and how it's being used there and so ultimately your administrator is charged with with implementing this but whether whether it's not it's not really in my mind a discretionary call on whether we're talking legitimate business interest or not when we think of that that context that I told you the court was looking at because if it's here we all know what the rules of a commission meeting are so if I wander up there and start trying to engage each of you individually we know I've left the legitimate business it's clear at that point and again I use the example with with the offices when I come into the office area with with one expectation with one thing that I've said I'm here to see so and so that's my legitimate business and it's not a call that's being made oh well I mean actually the call is probably made is do you have an appointment with so and so and if you do you're going to be led back it's not well we don't think you should meet with so and so today it's simply do you have an appointment with this person or not is this person expecting you so it's it's not I do not expect nor was it the Court's view of that word that this is something that's going to be arbitrarily or Ambiguously even applied because it's simply looking at why why did you say you were here and have you done that and if you've completed it then it's time to go it's not saying no you don't have a good reason for being here and we're not talking about we're not talking about coming up the public and the podium and speaking during a public meeting we're really talking about those areas where there is a high degree of protection of the space those non-public form is really where that legitimate public interest comes into play and so it's if if I'm just wandering the halls of the offices I might say I'm I'm I'm here to collect evidence for a lawsuit I want to file that's my legitimate public business but no that's not the legitimate public business that got you into the building in the first place that was the meeting you told us you had that we brought you up to when you when we met you at the front door so and I understand that within the context of the ordinance itself I understand what you're saying it's based on what the port case law uh provides my concern is is that this can be weaponized because it's ambiguous and if it can be applied with some ambiguity locally here then we turn into some issues I'll give you an example just specifically here is that if somebody wants to come in and look at the artwork that's in our Atrium right now that's not City business but that is a limited public form and they have every right to be there without an escort if they wanted to come into this room and do the same thing though that would be where where I think your analogy fits perfectly so but I guess that's my point though is that it's where do we limit it's it's is it limited on here that that doesn't State specifically that but it does your legitimate public your legitimate public purpose that's applying to your non-public for that's that's qualifying your non-public forum and you see that that does not apply below to limited public forum we have not used that legitimate public purpose for those so if you are in the lobby my expectation is nobody's going to be asking you why are you in the lobby unless you're doing something to disruptive then you might be but if you're just there taking pictures or just looking at the artwork this this allows you to do that and nobody's making a judgment call in a limited public for as to whether or not you have a right to be there now I think this contradicts some of our policy stuff too and we can discuss that once we just get into the policy side of this uh and where there's a lot of issues on that front but where there can be a lot of ambiguity and a lot of weaponization of this and that's my biggest concern is yes I want to protect our our staff make sure that they feel comfortable are proficient at their job and don't feel attacked in any capacity that is first and foremost the most important thing but moving forward though is making sure that the exact reason why our staff are here is to serve the resident so I want to make sure there's nothing that's getting in the way or slowing down that process either that's letting government move and do and serve the way it should so you know if I'm starting a new business in the city I need to stop by Community Development I need to stop by and get a BTR I you know I may need to talk to um our commun community development land I mean to talk to our e Economic Development Department so although I can put that all on every list it may be oh shoot I meant to go to that office today and now again if somebody doesn't like me they can say no that was on a list you need to go or I'm going to trespass you so those are my concerns and I just want to make sure the residents are protected as well as our staff and if you can point me to kind of where that covers my residence as well as my staff or the staff in the residence uh then then I'll understand a little bit better I I I I will say I think that that conversation and not so much as to what it says here your administrator is going to be the one implementing this and so if you have a situation where you have members of the public who are being denied access to staff I think that's a conversation you're not going to have that problem I'm sure that' be a conversation you're having with our city administrators why is this happening because I think the the expectation and the policy of the expectation is is if you're in the offices you're there for a reason you're there with an appointment is this person expecting you and and if that person's not expecting you well then go go make an appointment and that's what gets you in is it is that appointment that expectation that you're going to be here at the time that that you are here because if I'm just and yes I I I I completely understand the point and and I see it happen at City Halls it's how how business has been conducted at a lot of places in Florida up to this point because we haven't had these problems occur we have had Fairly liberal access to to local government employees for a very long time but if it's well h just remember I got to go see the community development director about something well at least can we make sure the community development director is available or that you're not interrupting because if you just go down and knock on the Community Development director's door and he's 30 minutes into a two-hour project and he has to stop and even say I don't have time for you right now that may have just wasted that 30 minutes he just finished working so that's it's it's the competing interest I don't mean think anything that you've said I'm just kind of trying to out lay out the competing interest because ultimately it's your your body's decision as a policy not mine as a lawyer I'm just trying to be the best guide I can be no absolutely and I appreciate that and and again I want to make sure that this cannot be weaponized and that should it be in any capacity or that it's used inappropriately that there's something put in here that the if the resident feels that they were unjustly trespassed or something in that capacity an appeal process correct and then also in addition there's uh page five of this under additional rule that says additional rules related to the specific functions or use of a city building may be created or implemented by the city administrator and I think it'd be benef official to have some language in there that with additional approval of the city council I think if we're going to keep adding or taking away or adjusting those I think it's going to be need to be massaged just how we use and work with our residents I think having us part of that conversation also our residents part of that conversation will be vital to the success of this and ensuring that it's not done improperly uh to that last point do would you have any problem with with the consent of the city commission uh unless it's an emergency type situation well it's that it wouldn't be under this I mean you're going to be you have the power to trespass and all those other Provisions I'm think of like hurricane shelter that type of thing that's the type of situation well and if you're under an emergency declaration you will have that through your emergency declaration you will have been granted that additional Authority so I think in a in a truly in a declared emergency you're going to have it anyway I'm with that so I think we could add at line 201 to 20 202 just added that additional rules with the consent of the city Commission because that's really that's what you have here that's why you have the policies that's kind kind of the same thing that's going on with those that's why we have these together and I and I appreciate the the massaging there I you know I the Gen the real concern of this again I want to make sure that our resident or our staff are protected feel safe feel confident in their ability to uh do their job but I'm also very concerned about it it it being weaponized so I appreciate the explanation um and thank you for your time to to go through it and and explain it to us yes sir commiss Smith anything good commissioner lasz anything no okay commissioner Anderson good all right anybody from the public wish to speak on this one Virginia Street 2119 Palm pist to drive I I looked at the policies and regulations uh um that it has been drafted and I see a lot of black stuff a lot of black markings I don't know what that is you know this it's not complete you see you see what I'm saying here under the um City Hall security protocol features that explain I think I explained most of that to you all during our meetings it is U security protocol call for the building is exempt from chapter 119 that's why it's been redacted it's how our employees will respond if there's a breach of security in the building and what numbers they can call and certain things that they can do is exempt from 119 so that the common public doesn't know what our reaction to a threat to the building is going to be and sorry to interrupt too I thought we were so are we discussing the policy separately than this yeah this is separ I just want to make sure because I she brought up the policy I'm just answering her question okay Mr I'm sorry I just wanted to make sure because if we are policy I have a lot of questions about that as well so okay okay absolutely no but ask what in I didn't want to interrupt you by any means I thought we talking about both of them at the same time I'm sorry I'll wait okay shall I wait okay sure unless you have something else specifically to that was all I had about I didn't understand what why some of this was react okay sure okay anybody else from the public wish to speak on this one all right if not close the public hearing look for motion to approve ordinance number 381 at first reading and hold over for second reading and adoption so move got a motion by commissioner Smith second second M Anderson all those in favor oppos motion I'm opposed I just think this is going to be weaponized I want my staff to with commissioner Nest against it okay okay next up item number 17 on the consent agenda which is city building security policy I I will again this is kind of dub tales with the other so I won't go through the presentation again but I I'll help with questions okay any questions on the policy Mr Nesta yeah I'm surprised nobody else has questions uh absolutely so with this and in reference to the policy I'm trying to pulled up right now uh the one of my biggest concerns was again number one consistent application of this policy I feel there's a lot of inconsistencies that will come from this and that again it can be weaponized to benefit or not benefit some people or not some residents are not some staff members are not so what assurances can we have that this will be applied equally and equitably to everybody and not just select few or be um bended in some capacity or not are you looking for the H I'm not sure this is a question to you I I understand I'm try trying to narrow the qu maybe just narrow the question a little bit so that I think you're asking for how do we we see what the policy is practically speaking how is it going to be implemented so that we know you know as the as the governing body that it's going to be implemented fairly it's not so much you're not you're not asking so much about the words that are there you're looking for that okay now once we have the words those who are in charge of implementing how are you plan on pragmatically how do we make this work correct as prior discussion the other day in your pre-meeting um it does state that it applies to all employees and visitors and individuals to the city of popka I don't know that there's any exceptions I think since we've put security at the front door I don't know that we've had exceptions if we had then they need to be brought to my attention and we'll address them um I don't know if I discussed with you I know I discussed with some of the Commissioners uh we will be doing training on the policy as well as an evacuation policy that we've created on how to evacuate the building in case of fire um or some other critical incident that occurs in the building so we do plan on doing uh training with everybody inside the building uh we'll work with all the other department heads for their buildings on security and any training that needs to be done there uh but it's our goal that everybody follows this procedure it applies to employees wearing their ID I think that's as we discussed going to be one of the biggest challenges is to make sure that our employees but I'm sure once we turn a couple of them away from the door um and send them back to their car to get their ID they're eventually going to learn it's going to be incumbent upon the directors in in the building and the other buildings to make sure that their employees are walking around with their IDs on uh it's going to be up to the department heads to ensure that this is implemented it's been discussed it's been talked to this these are some of the things that our employees want to feel safe it's not this policy is what we're doing now we have a practice and this just codifies what our current practice is looking from an answer me it applies to everybody right and I think that's the point it's not being applied completely and to your point to your example that you brought up that not all badges are being shown and worn throughout the city hall um well we're looking we're looking for approval of this so that we can put this into place and codify our practice I know as I explained there was some confusion as to what our practice was uh I sent out an email to everybody that sat in the front desk and to all the department heads in this building explaining to them what our practice was and what our expectation for building security are this codifies and explains to everybody in writing what our expectations are of people's behavior to include our employees and and visitors to City Hall and any of our city business facilities so and in here obvious in bold red visitors are required to wear their visitor pass in clearly visible location throughout their visit to City Hall so we have to have people check in share their ID to go look at the art that's here if they want inside that glass door yes sir they need to be secure because they could have access to other parts of this building that could threaten your employees now do they have to be escorted while they're looking at the art there's the security guard will be right there um so probably not we're not we're not escorting everybody we're still allowing them once they tell us what their legitimate City business is to go to that department and do their business and conduct business with the city so we're not escorting anybody to the various you know if they want to go to Community Development which is where the majority of the people that come into this building is my understanding the majority of them go there because you do have the BTR tax you got the permitting licensing and and everything else right there in that one hallway uh they will be able to proceed to do their legitimate City business and once they're done they're expected to go ahead and depart the city um premises so it says wandering around city hall is strictly hibited so if you're wandering around looking at the art there's I don't think there's any other art other than in the lobby area right now I'm not even sure there's art there is there there is is there okay so I I just again I think this is another I want to keep our staff safe they need to feel safe and confident it's having public events here that are attracting public just to come look at Art and things like that love it but well there's difference between an event that's occurring and allowing people in during that event and just having somebody come in through the doors and wander around City Hall that's two different things but again if they're not being escorted they find themselves at up the elevator things like that there's things that are attracting people to City Hall to come look at the art and then nobody's escorting them and they're left to go the elevator go where they want to from there so yes I mean there's Provisions in here but again my my concerns are this is going to be weaponized and I don't have anything that says should it be weaponized residents have this there um I need to address your trespassing there is a appeal process in our trespass ordinance to appeal a trespass warning uh to the code enforcement hearing officer but that's to their own employer no no if somebody has issued a you ask if there was an appeals process for a trespass warning I'm using but use this specific scenario it's it's you're wanting it to be repealed from the employer that employs code enforcement so well they're an attorney I'm going to assume that they're going to be you know unbiased in their opinions if you feel otherwise that's your opinion but I I haven't seen that so it's just concerning again I want and I like that there's there's policies in place and you're going to start doing training for um evacuation routes that there's going to be safety measures put into place of here's exactly what needs to happen in certain scenarios I think that is well overdue I'm surprised we haven't had that already to make sure that our staff feel comfortable should an event happen but again I want to make sure that not only obviously do our staff feel in fear at times our residents have felt in fear here too uh over being weaponized or being harassed by different individuals so I want to make sure that that is covered so that again that we can conduct business because that is what staff are here for being able to do the city business but also it's the business of the people my intent with this policy is that our citizens are welcome to the city of aapka into our facilities conduct legitimate City business as long as they pass through the security procedures they can go and do this legitimate City business I don't know of people you know I don't know that I can create a policy that's going to protect everybody from everything or or whatever scenarios we want to go through we've created a policy that is currently our practice as best we can and make sure that our employees are safe as well as the city citizens of aapka visiting our facilities are safe as well because they could you know if somebody comes in here and wants to do something nefarious some of our citizens should can be in here too so we want to make sure that they're protected while they're in here visiting our um facility and whatever department they want to visit um which is why I was approving of it was either last meeting or one of the previous meetings I mean we have a full-time security team now that'll take care of this instead of having officers coming and and and getting off the road to to do this now so I'm all about keeping everybody safe it's just making sure that everyone has equal rights as well well and that's our goal I mean obviously people have recourses if their rights are violated either through the court system City administrator uh but you know that's not the intent here the intent here is to protect our citizens and our employees while they're visiting our facilities okay thank you just one question and that is that uh previously from uh my experience coming in and out of here is that we were allowing the unhoused or the homeless to come in they didn't provide any identification they just wanted to use the bathroom um is that still a policy that we will allow I'm not familiar with that occurring I haven't yeah seen or I has brought to my attention for many the officers have been here that they've had a problem with that yeah um it few times I've come over the years here we've had some of the local on house that are kind of known they would come and uh they wanted to use the bathroom and they were allowed in to use the bathroom I that policy probably Falls and and really I would say take out of it the the house versus unhoused distinction if you would allow a member of the public to come into the lobby and look at the artwork and while they use the restroom I think you need to apply that same standard to somebody regardless of their housing status but they would go through the security procedures oh okay I mean but I just um they don't have a place and during the 9 to5 I've been here when again there's some locals that are well known that have come in and they've come in with me um and they stopped at the receptionist and she would let them come in and use the bathroom and again it's not it's not to shut the building off of people it's to make sure the building is secure for our citizens and our employees and if they want to go through the security screening process and I guess a legitimate business is to use the restroom and then leave okay Mr Smith think Mr Anderson anything anybody from the public wish to speak on this one all right um before we look for a motion I just want to thank uh Chief McKinley and Andrew Han and Cliff Shepard um it's been a longer time than I thought get it get us to this point but I can assure you that it's it's critical I've got staff upstairs and downstairs that have been petrified about what's come through the front door and they needed a policy that would uh protect them from you know whatever is out there and uh I really appreciate Chief's worked hard to get us to this point and uh want to thank him and the team for putting this all together so that look for a motion to approve the city building security policy so move got a motion by commissioner Smith second second by commissioner Anderson all those in favor I I'll oppose no four to one with commissioner Nesta in opposition okay we have next up ordinance number 382 ordinance number 382 an ordinance of the city of Republic of Florida changing the zoning from rsf 1B residential single family large lot to RTF residential 2 family for property located at 1770 sheer Avenue owned by sheer Development LLC comprising 9.92 Acres more or less providing for severability complex and an effective dat good afternoon everyone my name is Amir Hamza I'm a planner one uh the applicant is requesting a rezoning from residential singer family large lot rsf 1B to residential two family RTF for property located on 1770 sheer Avenue just south of Cleveland Street and North of sheer Oaks Drive these are the vicinity and aerial maps of the 770 sheer Avenue site the total Site Area is 9.92 acres and has a street fundage of 654 ft on um Sheila Avenue the applicant is requesting the rezoning to allow the development of a subdivision that includes a mix of duplexes which is two family units along with single family homes two family units are permitted use in the a residential two family RTF zoning District per Land Development code 3.3.6 the future land use for this property is a residential low which has a density of five units an acre zoning as mentioned before is currently single family large residential single family large lot rsf1 V and is proposed to change to residential two family RTF the development Review Committee has recommended approval at the October 8th 2024 meeting the Planning Commission unanimously recommended approval of the change of zoning based on the findings and fact presented in the staff report and Exhibits the recommended motion is to accept first reading of ordinance number 382 and hold it over for second reading and adoption on November 20 2024 an applicant is here today for further questions okay any questions for air um that's the residence behind the police firing range that would be correct yes and uh so I'll wait till the applicant comes up okay any other questions for a mirror before we bring up the applicant okay come on up Josh kimle horn address 200 South or Avenue Orlando Florida okay so that's the residents directly behind the police uh firing range so my concern is having a home directly behind it my concern is well it's not really behind it's east of it yeah correct so this is east of it and so the range the range goes north and south and and the resonance will be on the East let me look at it so it be parallel with the yeah property line okay this is right the range is this way it's not this way okay so this is parallel this is on this side correct yes yes yes yes still I mean the concern is that when you build a community next to a firing range what's going to it create for the resident the homeowners that are buying into that they're going to want the firing range to go away yet the firing range was there before they bought so how how are you going to mediate that with the homeowners correct so I think one of the the big things with this um with this property right now is it's currently is zoned to have residentials residential zoning um we can go there and and build the uh build residential houses right next to the firing range right now it's currently entitled for that right now this resoning what we're asking for is just to be able to build duplexes so that's the main objective of this resoning um as far as addressing the addressing being next to the firing range we're going to do everything um per code with RTF what we would need to what we would need to provide for a uh being adjacent to that property and being adjacent to uh a firing range I I kind of remember because I was at the development Review Committee for this one it's been a while but I know that was a big concern that now you're going to put uh homes in this property and you're allowed to as you said um but the concern was once the homeowner moves in what they don't want is to create a where now the homeowners are going to get together come into the City and say this is a problem for us when it was always there well the Builder is responsible for proving to the homeowner before they purchase correct okay so that will be provided so they will have they will sign something knowing that they are purchasing and that the fire rang correct yes they're responsible to but that doesn't stop anybody from complaining to us we've had that understand but I answer her question I don't think you can stop anybody coming and and complaining so why do you want to zone is it going to change how many uh dwelling units are on the property so the the dwelling units will be staying the same it's still six or five dwelling units in acre currently it'll be five dwelling units an acre um when this is rezoned the only difference between this resoning or between the two zonings is to allow for duplexes on the site and so we'll be providing a mix of single family homes and duplexes within this community are they single duplexes or are they attached attached so it'll be a a few duplexes with that are attached and then there'll be be detached single family housing as well within this property because it doesn't matter I mean the single family are is still going to be residents there correct and and this is in line with uh two subdivisions north of Cleveland Street both of those are RTF both of those have duplexes um so we're just trying to match and bring a product that's going to be very um cohesive with what's currently in the city is this going to be a for rent or for sale product yeah uh so right now it's for sale um there there's nothing um yeah right now is for sale product all right from your nonverbals it could go to a for rent I'm I'm not I'm not positive on that I'm the civil engineer so I'm not sure on the gotcha the specifics would that make a difference um if it's for sale or for rent uh from a zoning perspective from the city standpoint does that does that make a difference no okay no no okay I don't know that's why I'm asking any other questions for the applicant okay anybody from the public wish to speak on this one Rod Olson 3156 rolling HS Lane here in Apopka as part of my responsibilities uh on Halloween night I was patrolling the sheer Oaks division there are still pumps running with a flooding issue increasing the number of people and the pavement in that area is a danger and needs to be looked at before we keep approving more development thank you anybody else from the public wish to speak if not we'll close the public hearing and look for motion to approve ordinance number 382 at first reading and hold over for second reading and adoption and this is just the resoning there's no site plan yet where is oh there he is I was looking for you that would be correct yes this just the just the rezoning change it hasn't gone to a major development plan yet as of yet there's still time to kind of um if there's anything that needs to be kind of adjusted that would be correct yeah this is just for reasoning once the reasoning is approved then whenever the applicant uh submits a major development plan that's when you know DRC if there's any concerns or anything could change the layout of the side you know the wayes and I think you're you're your point I think that I think they understand there's you know a gun range there that they'll Orient the houses the right way they'll do some some landscape buffering I mean there there'll be some things that you know we're not going to prove without some some you know pretty significant modifications what what would be the normal product on that that side so I I would agree okay even even to kind of um Mr Rod Wilson's concern regarding flooding issues in that area um I would not be able to comment on that's something that you could ask uh Public Services coming up B Bobby yeah good afternoon Bobby how planning manager so number one uh the major development plan they'll have over 25 units so this will be back before the city council go before Planning Commission and city council drainage all that goes through DRC it's reviewed by Public Works they have a civil engineer who's going to design it uh to all the required uh stor monitor calculations um per code okay thank you I appreciate thank you all right look for a motion to approve ordinance number 3 82 at first reading and hold over for second reading and adoption okay so Mo got a motion by commissioner Anderson I'll second second by commissioner Velasquez all those in favor I all oppos motion carries unanimously next up resolution 202 24-38 resolution 202 24-38 a resolution of the city council of the city of apopa Florida establishing its intent to reimburse certain Capital expenditures incurred in connection with a capital Improvement project with the proceeds of a future tax exempt financing providing certain other matters in connection therewith providing for conflicts providing for severability and an effective date thank you Susan good afternoon mayor and Commissioners Bland Sherman Finance director again the city intend to be reimbursed from the proceeds of one or more future tax exempt Financial Capital expenditures to be paid by the issuer in connection with certain project and the project this time is Emerson Parks project that was brought to you the last council meeting and you approved to proceed and this is one of the first steps in that process the resolution is intended to constitute a declaration of official intent the advertisement will go out tomorrow for four consecutive weeks um indicating that intent as well the reimbursement resolution that we're requesting is in the amount of $3 million and not to exceed amount of $3 million the details pertaining to that $3 million is the project cost in the amount of2 million a project contingency in the amount of 203,000 a Debt Service Reserve in the amount of 300,000 capitalized interest 150,000 cost of issuance 50 ,000 a financing contingency about 230,000 and an offset of the contributions from erson Park Subdivision the alleyway cost is separate and that's estimated at about 487 th000 with a contingency of about 49,000 and offsetting that 600k to that leaves that excess of about 64,000 that is applied to the project cost so at this point we're just requesting our authorization to approve the reimbursement resolution I do have Misty Taylor here our bond Council if you have any specific questions relating to the resolution hey any questions for either Misty or for lanch what's the timelines now should this get approved I know we had a few meetings ago kind of that step process so what comes next the next step this is a 33 step process and we are now on the third step uh for the adoption of the reimbursement resolution the next step is the Publications that go out tomorrow that has to be done for four consecutive weeks and Susan thank you very much has already started that process so and after that we'll come back to council um for public hearing and Adoption of another intent resolution but that's not the reimbursement resolution that's about the assessment itself okay and that's what the notice is going out for the assessment yes yes and it's exclusive to Emerson Park residents yes that that notice okay yeah where it goes it's publicized in the paper oh say so it's just in the paper it's not directly mailed to them no it's not directly mailed to them so it's published weekly in the newspaper yes okay and we have to hire the methodology consultant as well and working on that okay thank you okay any other questions for blanch or Misty anybody from the public wish to speak on this one if not we'll close the public oh I'm sorry yep come on down hi Dave woods with ferson Park I just want to thank the uh Council for partnering with us uh on this project I'm getting one heck of an education here this 32 step process so are we yeah you know I know the 12 step process but I've never heard about a 32 step process but again thank you all and we appreciate your partnering with us great thank you all right anybody else that we'll close the public hearing for motion to approve resolution 2024 38 so move got a motion by commissioner Anderson second second by commissioner Velasquez all those in favor I all oppos motion carries unanimously next up resolution 2025-the providing for a budget amendment thank you Susan think I have all right resolution 20252 budget amendment number two in the amount of 24479 the first item again coming out of general fund operating reserves for additional um expenses related to the hurricane um some more structural restoration work about 300K miscellaneous items about 200k and some facility miscellaneous items at 243 um the in a transfer of course from general fund to our grant fund makes it 1,486 the second item pertains to the Corona virus projects and we need to roll those projects over so that we can proceed with those projects we do have a timeline on those projects to have everything obligated by December 31st of this year we actually have two years after that to expend the funds but we must have everything obligated that equates to 96195 the projects that we're rolling over right now that so that we can proceed is the Citywide LED lighting conversion project about 431,000 the city hall grounding and lightning suppression project 207,000 we going to do some additional work on the cemetery improvements with Paving and fencing that project is completed I think we're ordering some more cibarium and other items that they would like to do and uh you just approved the cdbg um housing contract award to for the four homes that are being developed part of that funding is coming out of these Corona virus funds so we want to move that forward as well and Street resurfacing um is basically I'm adding 26,000 there those are funds that were savings for some of the previous projects and we have some funds that we're rolling over for um economic Development Department about 22,000 and because of the urgency and the need to have this obligated any savings that we get for some of these projects I'm going to move forward with putting them in the roadway resurfacing I'll be back to council as well so the total with all of that is about 961 905 any questions for blanch anybody from the public wish to speak on this one not we'll close a public hearing went for resolute a motion to approve resolution 2025 -01 02 02 02 I'm sorry so move a motion by commissioner Smith second second by commissioner Velasquez all those in favor I all oppose motion carries unanimously thank you thank you all right Mr nesto start us out um let me just go the Ladies Room yep okay all right take take take five I e e e e e e e e e back in session commissioner neston start us out we don't have is she's have to wait for she went to the lady's room too all right Comm Nesta get started you just got a couple things uh just want to remind everyone of office hours that I have every Thursday from 11:00 to 1 it's been very successful it's been very cool to interact with residents on that level um because people come from all walks life everywhere some residents that are in some that aren't that just anything and everything they get to talk about so it's very cool to have those times and it's been cool to to historically be the first commissioner to be able to do that and and really create something very cool uh for residents and more access um and availability uh to me so I like that a lot it's been very cool and so just a reminder that I do have office hours every Thursday 11:00 to1 uh here at City Hall so feel free to come in with whatever you may need and and I'm here to discuss it um the the second item and and I just I'm not going to let this one go is is I'm going to move and hopefully uh vice mayor you will back me on this to restore public comment to the front of the agenda so are you making a I I moved yes I will tell you that I have been consistent with that um I feel that public comment should come back at some form during the public council meeting uh because at the end uh the live feed is cut off and the public doesn't have access to hear our public to share any of their concerns any of their issues um we just have to kind of decide if we want to have it after presentations or after the business items which was suggested and I feel that that's um that it is an important uh issue that we've kind of not been addressing I know that it's been voted on well it's the motion has been made uh to Prior times uh I've seconded it and it's you know it's failed so we'll try again I'll second that motion got a motion by commissioner Nessa to restore the public comment to earlier in the meeting got a second by commissioner Velasquez all those in favor I I make this motion so we got two for and uh those opposed I three opposed okay and I got one more and to confirm on on this meeting as well mayor you are going to cut the live feed again and you're going to do that in just in perpetuity yes to silence the residents got it weaponizing your agenda understood thank you okay commissioner Smith all right good for you commissioner Velasquez [Music] um uh just want to kind of touch on two just uh one thing that's important and that has to do with the and let me just get that email and that has to do with the uh meeting that we had October 2nd and that was regarding the surplus of Wells the parcel on Wells Avenue that after that meeting it was disclosed that that particular parcel that we were considering and we did vote on to Surplus that particular parcel has a restriction on it that would not allow us to Surplus that property or to even put it out onto the street as a surplus so I would like to have that reconsidered that vote reconsidered here we are to make a motion to reconsider to have the vote in favor of the motion being sought to be considered as Surplus to reconsider it and just change the the I don't know is it change the vote or withdraw the vote that work yeah so your motion to reconsider simply be a motion to reconsider that item and so that would if the motion to reconsider passes that item would be opened back up whether this agenda or a future agenda but the motion to reconsider I would have to move that to a business em correct so that we can that's right so the motion to reconsider what the motion to reconsider does is it reopens an item that has been prior that has been voted on prior okay so let me ask you um and I'm I'm fine with you what you're trying to accomplish here do we just put that on the agenda for the next council meeting with with the understanding she's going to bring up the reconsideration would that be a better I think the cleanest way to do it actually would be the motion to reconsider tonight because the motion to reconsider should be in short order typically what Robert really says is it's at at the meeting that the vote occurs or at the very next one so the motion to reconsider is probably best to occur tonight but if the motion to reconsider passes that makes that an active agenda item again at which point yes then you could put it onto a future agenda to have the followup that's really all the motion to to reconsider accomplish is it gets you back to square oneall right right I just didn't know if we would okay but that's fine okay what can you explain it I don't understand what you're saying it cannot be surplused what's the issues with it rest there was a restriction on it um that it can only be um developed as a park recreation it and it was signed um I think it has where's let me ask the finance director to come up because I did get all the and rley I don't know if you got any yeah um I'm surprised they didn't send this to everyone else because I had I had brought it up when I realized that it had a restriction on it it it's in the grant agreement it's in the grant agreement yeah it's in the grant agreement and then there was um some type of certification that was signed and I think you came by the office 25 25 years there is a conversion clause in there as well that if we choose to do it we do have to replace that property right for that purpose and what's the address of this 797 North Wells if I'm not Mist right across the the just east of the uh pop High School baseball diamond uh okay so it's I mean that would be a deed restriction then correct that's a deed restriction some it was not disclosed at the time that we voted on it 79 797 North Wells Avenue is the parcel I think what was not clear at the time that the address was um revealed at the meeting and upon and what happened is shakenya was watching the meeting and she realized it was that location and that's when she notified everyone that was Dr Jackson yes Dr Jackson thereis what theion says event that proper it is dedicated for that particular purpose for 25 years and if you if you choose to but but I don't even know if this would to you or maybe to Drew is with that what they're talking about is putting a small Event Center there would that not fit under the parks designation I mean possibly but I think that's a good reason why to put it on as a future agenda item to to to discuss yeah deal with your reconsideration tonight so that what's been done is undone and then deal with what to do next when you have all the data in front of everybody rather than trying and I think we've got what we probably need to do is have the attorney then write a letter to um FD FD and have them weigh in on what and and and and we go one step further we haven't because of the way the Surplus um Ordinance Works we can't even we can't say it's rotary it would have to be it would be open oh so that's the rotary parcel okay got it and and we haven't actually done a resolution yet and that is the next step it was just a discussion and said you're intend to Surplus it so we got a couple of questions here right because initially it was on the council meeting and it was on publicly noticed as that we were reviewing two leases for that property and then on the day or the day before the council meeting it was changed because uh at the direction of our City attorney was that we did not follow the process of the ordinance 3030 that we needed to first put the property out for Surplus and then it would follow a process from there and it was after we approved it to be Surplus to follow that process when we when I discovered or was notified that it had a restriction so the reason why I'm asking for the reconsideration so it doesn't sit out there as a surplus property so um I guess it would be best to come back as a business item and we can discuss uh the parcel so we got that from FD how long ago that was again a part of the grant agreement it's not it's ever since they had to Grant and it the project was completed that was in place and there's a sign out there there's a sign out there as well can you forward us all this information of course please just so we can review it prior to that me well in advance of that meeting right thank you okay so okay I know we declared Surplus but I didn't think we were selling the property I thought in the agreement it was they would have the first option to purchase should we decide to sell it correct correct um but you still it's still sub we agreed to Surplus a property that had a restriction we didn't if I had if had been provided to us I would not have voted for it to become a surplus property I understand was not the Surplus to sell that was the Surplus to lease not the big distinguishing factor and the lease is covered under 3032 right but but just so I mean we that's fine we can we we ought to bring it back we need to get um Drew if you could draft a letter to just so we've got that when we we bring it back at the next council meeting to FD and just so we've got um because what they were looking at was a a small Event Center with with parking that's that was the vision whether it's rotary or some other other group um that would be and to find out if that would fit still fit the criteria that if they' have any objections no problem problem it's a surplus to lease not a surplus s right correct okay good okay so we got a motion to reconsider the what was that one commissioner um now you got me confused say that again what's the ordinance that that oh the ordinance that we were reconsidering one moment that we did that was oh I'm so sorry I didn't have that just an item buiness it wasn't a business item okay so the business item which had to do with the was the property address 797 Wells Avenue so if you would like some help a motion to reconsider the the Declaration of surplus for and I'm sorry that address was 797 Wells that would be an appropriate motion okay so we got a motion by commissioner Velasquez second M Comm Smith all those in favor I all oppos motion carries n okay um um okay let me see what else I had here uh okay we took care of that just wanted to say uh again congratulations to the six firefighters who were awarded uh scholarships under the 2650 foundation on behalf of the Austin Durant family I attended that ceremony uh last Friday uh we also had uh just wanted to kind of repeat the retire of our front desk receptionist Miss Johanna who worked you know for the last five years she was uh our receptionist here and she'll be missed and then um I had the honor on the Friday Also Friday night uh and I said Thank you to the mayor for a lot you know for giving me that opportunity to do something that I have attended for a few years but this time I got to award the mayor's cup uh to the winning football team which was the Wabba High School uh it was the annual uh football game that uh Wabba High School in the blue daughters and then they the winning team gets the mayor's cup my understanding is that blue well the blue daughters did win but the trophy they had the trophy already so they taking back the trophy so thank you was in it was a fun evening watching it it was uh at the end with the last few minutes the Waka High School managed to score 16 points so I just want to say thank you to Mr Aaron Crawford from a poka high school and Mr baji from WBA high school because they helped uh they helped guide me as to what I needed to do out there to present the uh Trophy and congratulations to Papa blue daughters and uh thank you to both teams for welcoming me so graciously and respectfully thank you thank you CHR Anderson okay all right next up uh Jacob anything from you okay Drew no sir all right okay for the mayor's report just a couple of things I I I wasn't going to address it but I guess I am now um commissioner plas you know appreciate you bringing up Johanna what a wonderful lady and had been here five years and just for the record she didn't retire she quit she was for well no I mean it's not funny she quit because of of the of what's been going on in the city hall and and and and what um police chief McKinley was able to put together and obviously cliff sheeper and his team she quit because of the First Amendment people that that harass her have harassed staff and so I think it it's it's important people know that that this ordinance and this you know and what we've you know put put into place now is protect our employees there people there scared about coming to work because of what's happened over the last year and a half and so you know it's a long time coming but but I told the chief I said let's get it right not quick and so uh I appreciate everybody in their in their efforts to get us to this point because uh safety of our employees is absolutely number one nothing else even comes close and so I appreciate what what we've done to get to this point next up uh on Friday uh 7:30 open the doors at 8:00 it's the state of the city put on with the help from the Chamber of Commerce so we're excited um for that so you learn a few new things and talk about what we've accomplished this last year uh Veterans Day service will be at kitland Nelson Park 11:00 a.m. on Monday November the 11th so come on down and be a part of that service um Saturday November 16th um at Edwards field this an uh we had we've had a couple of successful apopa recyclable days and so come on down uh we're going to recycle not only uh electronics but all your normal uh recyclables if you want to bring a you know a box load of paper cardboard or uh plastic bottles or aluminum cans come on down be Edwards field on November 16th uh from 9:00 a.m. to 12: p.m. so we appreciate everybody coming out and just one question sure uh just remind them Veterans Day City Hall is closed yes okay um on 1116 will they Shred the paperwork on that that okay yep yep yep and Susan you had something oh yeah right right right and now now oh one last thing I I do want to um just you don't get if you get a chance please U Michelle Bo and this is her last next week will be last week um although I was uh regretfully you know accepted her resignation um wanted to let you know in the what six and a half months nine oh I am sorry the nine months she's been here she's really made an impact on where where the city of apopa is going as as it relates to Economic Development and so uh we appreciate where she's gotten the city of apaka you know and and we we wish her the best in her new Endeavors and uh hopefully she won't be a stranger to a popcast so thank you Michelle for what you've done to get us to this point and with that public comment