--------- Call the April 1st City Council meeting order. Commissioner Smith, will you give us the prayer pledge and fact of the day, please, sir? Our father is once again we come before your presence to say thank you to thank you
heavenly father for the many bless you bestowed upon us how you kept us and allow us to come once again to the partake of the business of this city council. We're so grateful for this opportunity to serve. We ask father you bless all those in the chamber that they will feel your presence in thy son Jesus name we pray. >> Amen.
>> Amen. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Fact of today. On April
1st, 1945, Allied forces invade the island of Okawa, Japan, and engaged the Japanese in the bloodiest battle of the Pacific War. While Americans landed without loss of men, they would suffer more than five 50,000 casualties, including more than 12,000 death as the
Japanese stage the defense of the island that included waves of Kawwaki air attacks. Eventually, these suicide rays proved counterproductive as the Japanese ran out of planes and resolved. And with 4,000 finally surrendering, Japanese casualties included 117,000
individuals. Back for today. All right. Welcome to the public meeting of the city council city commission of the city of Aapka. The city commission permits and encourages input and comments by members of the public on all matters which may come before the
commission for action. If you wish to address the commission this afternoon, please make sure you filled out a card with your contact information if presented to the clerk. When called upon, please proceed to the podium and speak clearly into the microphone stating your name, address of record, organization if any, and direct your
comments to the city council and not to individual commissioners, staff, or members of the public. The commission and the city staff encourages constructive criticism. However, personal attacks are prohibited. Please observe general rules of decorum and civility. Speakers and members of the
audience shall refrain from rude or derogatory remarks, shouting, disruptions, reflections as to integrity, slander, abusive comments, profanity, vulgarities, and statements as to personalities. Any violations of these provisions may result in the issuance of verbal warning, including
warning for trespass. If violations persist after such warning, violators may be removed from the council, the commission chambers. Okay, Susan. Uh, supervisor Dr. O.
>> Good afternoon. When you look at um the trees and plants and birds and animals around your yard and around the city, there are so many and they've been there for a long time unless you just planted them. When you
go into a store, you see a good variety, but not all of them are supposed to be here. They're called invasive. They're not native or they're not
compatible with Florida. I can go right now into one of our local garden centers and find plants that are on the Florida invasive species list. And I just shared today a video from the
University of Florida EAS and from in Florida invasives page from the council that talks about these plants and how they affect our whole ecosystem from your yard
spreading and clogging the waterways and damaging. I just saw some um Australian pines and how they totally take over and kill all the plants around them and how you pick up seeds and you know you're walking along and you get
seeds stuck on you and then you walk a little ways and you pull the seeds off of you and you're spreading them just like birds do and these invasive plants take over and you go and buy Mexican patunias down
at the store and you plant Well, they're a category one invasive plant and getting rid of them is almost impossible. Now, when I planted mine in my yard, they were not invasive, listed as
invasive. Now, they are, and it took a lot of effort to get rid of them. my greatg grandmother's um plant that I got when she when I was 8 years old after she died. I've carried from yard to yard to yard and have given
them away. Nandina domestica heavenly bamboo. I loved it and it was listed then as invasive and I had to take it out of my yard. It's beautiful but it takes over. Um,
you can go to florida invasives.org or go on to my Facebook page, watch the video that's on YouTube, um, and or look at the list and you sortable, the sortable list and find out what's invasive. And even the pink tab
buoy is in invasive down in South Florida and may eventually be invasive here. So, take a look. Thank you, Leroy Bell
again. Uh, can we have a few moments for our soldiers that's at war and for their family that left behind? Thank you. Uh, facts of the day.
It's funny that we can praise our veterans facts of the day of the outstanding service that they provide to the United States and what they do. I've served a
lot of people in this chamber have served. They serve that we can have a democracy. We serve that we wanted fundamentally fairness for everybody.
But then what do we do as stewards of this service that these people provide to us? We take and come back to our local municipalities and we use it to manipulate it to do to bend it the way
that we want for our will. That make no sense to me. If you if you haven't never served, that's just disrespectful to the people have served, have died. And we got the nerve to want to name
veterans memorials and stuff. And when we really don't respect them, when we don't let democracy play out itself, what we do, we decide to give it a boost along. Look, look at today in our election
today. Look at the corruption that just in the election. Look at the people have served over 16 years on both sides. One lost and the other one is still in the race and haven't did nothing. And you got all these people coming out of the woodwork endorsing
these people. That's just a kick in the face to the veteran. It makes no sense at all. on this agenda today on outun administration on this agenda today
point to something tangible for the citizens of a papa I'm not talking about just the one on 10th street I'm talking about the one all the way up north too what's on there who have you partnered
with to make it easier on the citizen but this administration want to partner with another career politician, why don't you partner with the citizen? I know coming down on the agenda today.
I know everybody and your friends got a wish list and you going to provide it for them today, but I'm here to tell you that make no sense. The people see who you are and they know who you are.
>> Albert McKimmy, >> Albert McKim, 3603 Golden Gem Road. There is good news today because we have a new administration that's coming in. So whatever today commissioners vote provided you vote yes you can bring that back to the new commission in a couple
of weeks time. So today mayor pretty much what's going to happen is ceremonial because whatever goes here today that we don't like is going to be changed. There are things here that require to be changed. This dis accuses us of hatred and all
sorts of speech. But how much of that is actually emanating from the dis here today? We have a document. It's a document which will refute the allegations that one of the commissioners here made today or not today on a previous meeting. One
that where commissioner Nick Nesa was accused of bringing information to the DPPR against another commissioner. >> Go to order. This not order. >> This is politically motivated free speech. I haven't mentioned any names
and if you sir interrupt me, we will have an ethics complaint against you. I have not mentioned any commissioner's names about. >> So can you explain to me without wasting my time why this isn't sub this isn't substantiated? You can't. So I want to
reclaim my time. All I've said is this emanates from the dis. It must stop. Commissioners, you allow this to happen. I continuously write to you and ask for your to opinion
on on why we're allowing things to do. None of you want to answer. Yeah, that's not right. And what is right is I claim my time and you are wrong trying to stop me from politically motivated speech. You and your cohort there want to silence the public. It doesn't work,
mayor. And the reason it doesn't work is that people are now wise to you and you've been voted out. Miss Anderson, I have said nothing against you. You brought this to everybody's attention. >> Order. >> You brought this You brought this to everybody's attention. That's up to you.
So now, let's look at the other elephant in the room. We're waiting to to review Golden Gem Roads, Wild Oaks. We're going to be giving that up to 10 stories worth of
apartment buildings. But here's the problem. And the elephant in the room is that we don't have the roads to service fire service vehicles going along Golden Gem Road. Neither do we have the fire service vehicles or the training of our fire service personnel to be able to
service 10-story buildings. Commissioners, it's time you looked at things before simply rubber stamping them. If we do not have the infrastructure to service the community, we should not be passing things. Again, I've asked you your opinion on the
comprehensive plan, whether it's a genuine document or whether it contains fiction. None of you want to reply. None of you want to answer. Commissioners, you're not fulfilling your obligations. >> Rod Olsen Rod Olsson, 3156 Rolling Hills Lane. Uh
good afternoon, mayor, commissioners, and uh the Popka residents. On Thursday, April 9th, a week from tomorrow, the Orange County Transportation Advisory Commission, or TransMac, as it's called, will be holding a meeting at 6 PM at our John Bridges Community Center. The
Transportation Mobility Advisory Commission was created through a charter amendment from the October 2024 general election. Seven citizens were appointed to hold public meetings, public hearings, and to make recommendations to the board of commissioners regarding
proposed expenditures, transportation, and mobility innovations, reviewing past transportation expenditures before inclusion in the proposed county budget. This is built around vision zero and includes but not limited to roads,
traffic, pedestrian lights, sidewalks, bus, rail, vehicles, bikes, scooters, skateboards, and anything to help people move more safely and better, more expeditiously throughout the community since January 30th, 2025.
To date, the commission has met regularly at Orange County Administration building. Starting in 2026, we are holding these meetings out in the field or in various commission areas. Uh this will be the district 2 meeting at John Bridges. This represents an opportunity for everyone in the
community to address any transportation concerns in Orange County. at at the public comment early one of our meetings we had an apocare come up who's a regular lynx travel and she described what she has one of my favorite shows Gilligans Island how the
millionaire is treated versus Maryanne well the millionaire has bus stops every 15 minutes they have a sheltered bus stop and here in Apakka she left at 3:30 in the afternoon to make a meeting at 6:00 and had to leave the meeting early at 7:20 to catch the last bus home now
we can't build everything around one person, but it's just an example of some of the things that come up and any transportation needs needs to come before this commission. I hope you all will join me at the uh John Bridges Center at 6 PM next Thursday. That's the
9th uh for this meeting and we appreciate your input. Thank you, >> Dr. Moyer. Good afternoon. Um, my name's Dr. Jim Moyer. I'm the elected orange and water conservation district to supervisor.
Prior to coming here, I was a judge at the FFA contest uh for horiculture and threeperson team and I had to honor the two other members. One was a Koi
High teacher and one works for the district but used to be a Koi High teacher. So that was a great honor for me. I as I put in an email to the commission here, uh I'm very proud
to serve district two. Our particular district has contributed more funds during the last year expently more funds than any other of of the five total districts. uh Commissioner Smith,
Commissioner Neesa, and uh AOE, Commissioner Kennedy, and more recently, Commissioner Velasquez. So, I want to thank the people of Apakka, the uh Papka Commission, and
everyone for all you're doing to support soil and water. I've been doing a little research as I always do and since the last meeting I realized that in South Florida Dy Beach Fort Lauderdale an event uh roughly three
years ago was what they referred to as a one in 1,000year event just a year or two ago year and a half something like that in Hillsboro there was a one in 1,000 year event.
Yet everywhere I go, the the people that actually do this kind of work say, "Oh, our criteria is one in a 100year storm." Does that make sense? Is that adequate?
And the experts globally are saying what's coming is unprecedented 10,000 years. So, I'm just asking everyone, please be prepared for
to protect our land, our water, our buildings, and most importantly, our people. Thank you for your time and God bless you all. Good afternoon, Mayor Nelson, Commissioner Nesa, Commissioner Smith,
Commissioner Valz, and Commissioner Anderson. I am here on behalf of my um 501c3 business called Compassion in Apopka. Um I have been
working tirelessly with the unhoused and needy. You guys know I have I appreciate uh the support that I've gotten. Um, this March, uh, was my oneyear anniversary with this business that
started out in the back of my car in a garage. And it has grown and I've watched the movement of God's hand as he has blessed uh, me to be able to help the unhoused and the needy. And a lot of the support
that I have received have been just overwhelming that so much it has caused me to get a storage unit so that I could hold everything in one year's time. And it's only because of the support that I have received from each one of you and the
support I have I have received from uh a lot of the citizens that have seen me on Facebook and have looked me up and have said, "Hey, I've got clothes. Hey, I've got this. I've got that." and I go right and pick it up. I just want to just um
I'm in awe of being able to do this for a year and I'm in awe that I've had the support and as the as the uh change happens in April, um I ask for your continued support whether you're on the
or or a commissioner or not. I ask for your continued support as we help those who need help themselves. Um, within the year, four of them have gotten jobs that have gotten off the street that I have been had the privilege of helping. Um, a
couple two of them I've helped get outside of the state of Florida and they've gotten back into another place back with their family and they're doing well. I keep track of them. You know, I I not only just feed them once a month. I look for them every day and if I don't
see certain people at certain places, I'm asking questions. So I ask you to continue to support me, continue to support anybody that is helping the unhoused and needy. It's not all about me, you know. So I ask your continued support and I thank each one of you and
compassion and Apopka will continue to grow and prosper. And also I know that that um piece of property that we were working on is still in motion. So, whoever is um part of the whoever
becomes the mayor, I ask you to consider moving swift with swiftly with that so that I can have the continued resources to help our friends. Thank you, >> Sylvester. Good afternoon, uh, Mayor Commissioner
Sylvester Hall, Rock Springs Ridge. Uh, I come to you today with a sad heart. It's a sad heart because when I look around the country and I see what's going on and I realize the problem is not with the politicians.
The problem is with we the people. When I looked at the mayor election, I look at the turnout. Over 33,000 or 34 35 somewhere over 30,000 registered voters and we had a little over eight 8,000 people come up come out
to cast their votes. Mr. Vel was talking about earlier about when we talk about how we love the veterans. How you show somebody you appreciate them, that tells them how you love them. You you can fix your mouth to say anything. And so when I look at your
voice is your v your vote is your voice and how few people come out to exercise that right. And then I look at where we at today. We're in a war. A war that we don't have to be in. and our sons, our mothers, our
daughters, our fathers are coming home in body bag. I served in the military for 21 years. I would go to court marshall if I use debt and force and it wasn't author it wasn't warranted. So, we're in a war where we losing our kids. We're losing
our fathers. We're losing our mothers. When people don't come out to to vote or just come out to participate in their civic duty. I live over in Rock Springs Ridge. We got 1320 homes over there.
Our HOA, we just signed a lease for this golf land for 15 years. I think we paying $40,000 a month. So over the 15 years it'll be a little over $7 million. And after that, we won't own the property.
So when you say make it make sense, uh when you hear me say we're in a national crisis, the city of Apakka, the state of Florida, and our country is in a national crisis because too many good people are sitting by and failed to do to get involved and do anything. It's
time for us to stand up against racism. It's time for us to stand up against corruption. It's time for us to stand up against hate. It's time for us to stand up against greed greed. And it's time for us to stand up against white privilege. Yes, I said that. When we normalize the abnormal, we desensitize
the truth to the point the truth doesn't matter anymore. Let that sink in for a while. And so when we say the truth matters, laws matter, morals matter, ethics matters, leadership matters, character matters, integrity matters,
principle matters, rules matter, facts matter, procedures matter, honesty matters, accountability matters, RESPONSIBILITY MATTERS, JUSTICE MATTERS, AND ALL GOD'S people matters. Thank you. >> That's it. Okay. Thank you. All right.
Uh got a set of minutes. Look for anybody from the public or from the DAS need to make any changes to the minutes. If not, look for a motion to approve the minutes from March 18th. >> The only thing that needed to be corrected was the appointment of the PNC. >> Okay.
>> From three years, right? He's >> I know. So, but it should be corrected in the minutes also. >> Okay. That Susan. Okay. Okay. We'll make a motion. >> Yes. Make a motion by to approve the minutes. >> Commissioner Velasquez with those changes.
>> Second. >> Second by Commissioner Anderson. All those in favor? >> I. All opposed. Motion carries unanimously. >> General Radley. Any changes? >> No changes, Mayor. >> Thank you. All right. Next up, proclamations. Got it. Our ladies in green here with us
today. Women's Club. Thank you. Thank you coming out. It's coming up. The what? the 64th annual >> 69 >> 64th annual festival >> 64th Oh, okay. I thought it was 69. Yes. >> Okay. But anyway, we're so excited. Uh I
think our I know Riley, where are we at with the the amphitheater? I know it's >> it's uh it's moving full steam ahead right now. So, we got the the stage is pretty well built and to come finish the sidewalks and the uh side. >> Cool. Anyway, we uh we appreciate what
the uh the women's club does for Popka. not only for the fart and foliage festival but what they do year round for our community. So anyway with that I want to read the the proclamation and it states whereas the Apakka women's club was organized 69 years ago and has
been instrumental in sponsoring the Apakka Art and Foliage Festival for many years. It is the city of Apakka's pleasure to be a part of the 64th Apakka Art and Foliage Festival 2026. And whereas the city of Apakka has long been known as the indoor foliage capital
of the world, the Apakka Women's Club has expanded the foliage displays to attract a broader range of foliage enthusiasts, making the Apakka Art and Foliage Festival one of the premier festivals in Central Florida. And whereas Kitland Nelson Park is the site
of the 2026 Apakka Art and Foliage Festival, providing a scenic and welcoming welcoming atmosphere for the thousands of visitors to the festival. And whereas the city council and the citizens of the city of Apakka want to recognize and commend the Apakka Women's
Club for providing this familyoriented entertainment for our community. And whereas the city council invites all citizens to join the Apaka Women's Club and extending a warm welcome to the many visitors during the 2026 Apakka Art and Folgeage Festival. Now therefore, I
Brian Elsa, mayor of city of Apaka, Florida. by the virtue vested in me by the city of Aaka do hereby proclaim April 25th and April 26th as art and foliage festival weekend. Anybody like to come up and give a few words
from the Joanne. I want to thank first of all the city of Apakka, Mayor Nelson and the entire city staff for all the help that they give us for the festival. This is our 64th annual festival. That's pretty pretty
good, I think. Um, we have uh artists and crafters, foliage specialists, school art, conservation, uh, a wide variety of food and entertainment. We'll have plant doctors there to answer
your questions. And by the way, our crazy hats will be back again this year. We'll be we are made we've made a hundred of them. So come early so you can get your first choice. Look for the green shirt ladies. If you've got any questions, we'll be
out and about in the park all weekend long. Thank you again to the mayor and city staff. >> Thank you. All right. Can we get a picture with all the ladies? Come on down. Yeah. Make sure out of here.
All right. Next up, we've got proclamation for water conservation month. And um so we want to read that. And we've got a we got some distinguished guests here from St. John's Water Management and also Dr. Jim Moyer and I guess Phyllis Homestead you
can come up and say a few words just very very very short but let me read this proclamation. Whereas water is a basic and essential need for every living creature. And whereas the state of Florida water management districts and the city of Aka are working together to increase awareness that the importance of water
conservation. And whereas the city of Apka and the state of Florida have designated April typically a dry month when moderate water demands are most acute. Florida's water conservation month to educate citizens about how they can help save Florida's precious water resources. And whereas the city of
Apopka has always encouraged and supported water conservation through various educational programs and special events. And whereas every business, industry, school, and citizen can make a difference when it comes to conserving water. And whereas every business, industry, school, and citizen can help
by saving water and thus promote a healthy economy and community. And whereas outdoor ir irrigation compromises a large part portion of water use, the city of Apakka will encourage citizens and businesses to focus on improving outdoor water
efficiency. Now therefore, I'm Brian Nelson, mayor of the city of Aka, do hereby proclaim the month of April as water conservation month. So Deer, you want to come up and >> Good afternoon, Mayor Nelson, commissioners. I'm Dear Irwin, water
conservation coordinator with the St. John's River Water Management District. The district has partnered with the AWWA, American Waterworks Association, for 28 years to make April Water Conservation Month. So, I'm just here to
thank you very much for participating, to thank your staff who are here today, for all they do. We work closely with them and especially this year in our extremely dry conditions to continue to promote conservation outdoors in
particular. So, thank you so much. >> Dr. Jery, you want to come up? I'm going to significantly modify something Bruce Lee said. If you love life, don't waste water.
For water is what life is made up of. Thank you. God bless. Phyllis, you want to say >> I'm also on uh March 22nd was groundwater day and uh coming up next month we have a whole
week dedicate ated to water. We're 60% of our body is water and if we don't conserve it, we're not going to have it. And I've spoke about it before and just think about the effect not
having good clean water has on your life and how easily dehydrated you are. So, if we don't conserve it, we don't exist. Thank you for the opportunity. >> Thank you. Okay, we get a quick picture. Thank you so much.
All right, Bradley Williams. We got all our men and women in orange and staff over utility department. So, >> good afternoon, mayor and commissioners. Uh, I'm here with the utility meter replacement program update. We did move this up from the city administrator
report today uh to make sure some special guests were able to come get recognized for their hard work. Uh I'm happy to report that we did achieve our goal of hitting 8% estimated billings by the end of March. Uh you see the chart here, all the progress made
since our second push started back uh last August. Uh and that work doesn't get done without the hard work of our teams, not only in the offices of the UB UB uh utility billing office, but also the teams that are out in the field every day making sure those meters are are corrected and fixed and and
operating and functioning the way they should be. So uh just to put a highlight on the work done out in the field and in the office uh between the period of August 2025 and March 31st
15,63 work orders were processed. So uh that's each one of those work orders had to have the hands of one of our team out in the field uh working on those uh throughout that period. So, uh, and our no reads, uh, again were reduced to
another 465, uh, uh, this last month. So, I know, uh, the mayor and I back in August, when the mayor, uh, tasked us with trying to get this, uh, under control, uh, we were very aggressive in the goals that we laid out, uh, for the team and they hit every single one of them. So, uh, we wanted to invite them
to the the meeting today to get some public recognition. >> Yeah, we're just so excited. We appreciate it. Was a it was a team effort. We had not only the the it was also involved making sure that our our towers were working and we had we added another tower to the meter meeting and uh yeah it was a collaborative effort
and I really want to thank Bradley Williams for running point on this. It was a it was a daunting task and I I I raised the part the bar pretty high but um the team the whole team as a as a collective unit were able to pull this
together and and get us down from that uh 31% down to 18 down to you know down to the 8% which is obviously what what it took to get our the RFellis group to uh to be able us to reduce our our water rates down to five and a half percent
this year and then 3% next year. So without all the the staff here that uh made this happen, um we'd still be looking at double digit increases um for water. So thank you guys and gals for all you did. Yeah, we get we're going to get a
picture. Come on out everybody. Look at that. Hello back. There's someone in the very back. All together. All right, we just just get down one more percent by the end of the day. Okay,
>> tell this camp. Come on. >> Okay, Nelson, you can All right. Next up, City of Apocus strategic plan. Bradley. >> All right. Uh as promised when the strategic plan was approved uh back a couple meetings ago uh we have received
the final um beautiful version of the strategic plan that has the images and graphics added. So I just wanted to bring this forward kind of give a quick uh presentation of it. I did print out copies for you all as well and uh we'll work on getting some hard copies uh
printed up as well just to have on hand in case anybody would like one. So, I'm just going to roll through this here. Uh a letter from the mayor was included at the front here. Uh just highlighting the different areas of the plan,
information about the city itself and the uh revenue expense summary from the budget. Uh the city demographics uh was put into the plan. And then we get into the meat of the um plan itself. Delete that
there. Uh with the mission, vision and core uh values. Again, the mission that was approved was the uh we deliver accessible, high-quality programs and services, ensure public safety, and strive to enhance the quality of life in our community with the vision to be Central Florida's most cherished
hometown celebrated for our vibrant community and beautiful natural environment. core values identified through the planning process or community first. We provide high quality services to all residents working to ensure that every decision reflects the values and needs
of our diverse community. Accountable, we are transparent, open and honest stewards of public resources. Professional, we earn confidence through ethical conduct, expert service, and a commitment to respectful and meaningful dialogue with all community members. and committed. We cultivate a culture where
all of our empower where all are empowered to take initiative, act decisively and stay the course to make sure progress toward our shared vision for APA and then it dives into each of the areas. So quality of life the objectives that were identified along with the
performance measures uh infrastructure and transportation same thing the objectives identified along with the performance measures organizational health economic vitality
and then safety and health or safe and healthy Once the plan was adopted at the council meeting, uh staff did have a few follow-up meetings with Barry Dunn, our consultant, to work through the start of the implementation process. Uh that process basically took all the goals and
objectives uh put it into a uh a nice spreadsheet, identified the um objectives and the measurables that were associated with each with each of those goals and then started assigning responsibilities and a rough start to
the uh timeline of those of those goals. And the last thing, just acknowledgements to the residents, city staff, and city council for participating in development review of the plan. And also, of course, a big thank you to Duke Energy uh as they supported us through a grant um with the
Duke Energy Foundation economic development grant program was a $20,000 grant. So, that is the nice graphical version of the plan. uh Barry Dunn. Uh after today's meeting, as long as there's no final little tweaks
on the design, uh we'll run this through the ADA compliance uh program so that we can then put it up on the website. >> So that that's what I got. >> Any final thoughts for Bradley or I mean great job. I mean we we put a lot
of hours. I know staff how many meetings we had? Was it >> bi-weekly meetings? weekly meetings for the last at least six months. >> Uh probably about eight months. >> Eight months. And so we've you know they've put a lot of effort in. I know we've had we've had a couple of workshops as well. So it's it's been a
collaborative process from you know staff and and folks here at the DAS and also the the members of the public. So it's um we're we're proud of what what um what this document looks like at this point. So thank you Bradley. And I know
this the staff that were a part of that. We had a gosh must had up to 30 or 40 staff members along the way that were a part of that process. So thank you. Anybody else? Good. Okay. Thank you.
All right. We've got four consent agenda items. Anybody from the public or from the DAS need to pull any of those? If not, look for a motion to approve. Some move. >> Got a motion by Commissioner Anderson. >> Second. >> Second by Commissioner Smith. All those in favor? I. All oppose. Motion carries
unanimously. >> Next up, Onage North Major Development Plan, Jean Sanchez. Good afternoon. Jean Sanchez with the Community Development Department. This is a request to approve the major development plan for Onage North.
The site is located at the northwest corner of Onage Road in State Road 453 and 429. It's approximately 196.8 acres in size. It's characterized largely by rural and agricultural lands with the Andage South subdivision
located to the south. The future land use designation is residential estate which allows one dwelling unit per acre supporting lower density residential development consistent with their surrounding rural character. The property is zon PD which
allowed the city to regulate development through a master plan and PD agreement. The development uses a cluster designs approach allowing approximately 50% of the property, so about 98 acres to remain preserved as open space. The plan
also includes a central amenity area which will serve as a gathering space for residents. Amenities includes a resort style pool cabana with restrooms, covered mailbox, kiosk, recreation lawns, and a multi-purpose trail system
integrated within the preserved open space areas. The development may be constructed in two phases uh with the aadi center required to be built as part of phase one. Landscape plan illustrates how existing vegetation and tree preservation areas
are incorporated throughout the development. Perimeter landscape buffers are provided along the edges of this of the site that help maintain the rural character of the surrounding areas and still allow residential development consistent with the adopted land use designation.
As mentioned earlier, open space plan shows large preserved areas located primarily along the northern and western boundaries which provide buffering between the subdivision and neighboring agriculture uses. The open space areas accommodate tree preservation tracks,
storm water management facilities, passive recreational areas, as well as the community trail system. The DRC recommends approval at its meeting on March 10th, 2026. The planning commission unanimously recommended approval. So therefore, their
recommended motion is to approve the major development plan for Andage North. Staff and applicant are available for questions. >> Any questions for Jean Sanchez? >> I just have a couple quick questions. The total site is just under 200 acres, correct? >> Correct.
>> And so the density is one per acre. >> Yeah, technically.99. Yes. >> Okay. And then if I'm reading this correctly, the minimum open space, so the green space in some capacity is going to be around 50%. >> Correct? >> Okay. And then these roads that are in
here, are they going to be citymained roads or will they be private roads? >> This is intended to be a private subdivision. Um we I can I can tell you that at the time of planning because that's when we we um memorialize if it's
a private or public infrastructure. But but as far as uh during the review of this, this is meant to be private roads. >> Well, let's just hold that thought. Any any other questions for Jean? If not, we'll bring the applicant up. >> Any other questions?
>> Just two two questions. Um, who does our landscaping? Who approves our landscaping for the developments? >> It's under planning review. >> It's under planning review. >> Yes, ma'am. >> Oh. With your staff, with the city staff? >> Yes. Correct. Yep.
>> And do we have an arborist on on board? That >> not? >> No, ma'am. As far as I know, we have a third party consultant. >> You have a third party consultant. Okay. And then the other question because I sit on the Lake Aaka Natural Gas
District is >> is that offered is is do we have that um service available in that area for natural gas? >> Well, okay, let's
>> I'm not aware if if Langd is out there. Um, so I think Luke when it's his time to to answer your inquiries, he may have some information on that. >> Um, no, because what I'm trying to understand is that we had passed an
ordinance to um offer that or to let the developers know that it is available to them. So I I'm just trying to figure out when do we offer it to them and I mean the city staff to say we have that capability out you know in wherever they
are developing. >> So because it's part of our ordinance the onus really is on the applicant to know what kind of utilities are available to them. We do include however lang representatives in our email distribution for DRC items that went
through the this one obviously went through that process. So, if they choose not to uh choose that uh if they if the developer chooses not to provide that service to their new homes, do we actually document that?
>> Planning does not document those items. No, ma'am. We don't document utilities. I'm not sure if public works does, but uh gas is entirely a different utility entity than the city. So, I
don't know if they do. >> Okay. I'll I'll discuss that another time. But yeah, >> I'm just curious because when I sit at the board and I see that they are providing um different developments
within the for Claremont, Winter Garden and Apakka. Um I rarely get to see Apakka um on board with you know wanting the service of the Lake Apaka natural gas district. So I'm wondering I know we
passed an ordinance are we offering that to the developers >> that's not part so city staff particularly planning staff >> right >> our job is to review it for our code right for our site design guidelines we
are not there to offer utilities um like that I'm not sure if public works does it but we coordinate with Langd as much as we can now whatever conversation between Langd and the applicant has it's
it's I think the onus is on them to set up that utility option. >> Okay. Any other questions for Jean? >> Uh my my only question is which school are these are they assigned to? I see two different ones listed.
>> It is um Zelwood Elementary, Wolf Lake, and Apakka High. All right. So, in the letter it says they're not available, but then below it it says Kelly Park
and with Calvary is available. >> They do what's called adjacency adjacency capacity. >> So, yes. >> So, that's how they Yep. >> Any other questions? If not, we'll bring up the applicant. Come on.
Uh Luke Classen, 1828 engineering. Appreciate the time and uh the questions. I'll try and go in order if I remember them correctly. They are private roads. They're intended to be um private roads is required as part of the PD. We listed them as private roads. Full intent is to be fully gated um private road development.
>> And so that means just effectively the city will not have to maintain those roads in any capacity. The sidewalks, the street lights, things of that nature. That'll be exclusively on the homeowners within that. >> Correct. Correct. >> And and to take it one step further, it's actually the city staff has required them to be built to city standards in case there ever is an issue
in the future. But um I know there's been instances in the past where you've had um private developments or private roads that city has had to uh once the time to really maintain them 20 25 years later comes about the city's had to take them over. That was a little bit different back in the in the 80s 90s
early 2000s. The funding mechanisms for HAS were much different much simpler than they are today. Today you have to take a full allotment of what's being owned and maintained by the HOA and fund that a lot more from the beginning uh to the tune of about four times what you would have done 20 years ago.
>> So it's it's a much bigger commitment by the uh developers up front to do private roads which for the city what that internal do is that you shouldn't have that situation. I'm not going to say ever but nearly as much as what you saw before. It adds buffer and protections in place
just >> the and thank you for that. The the road improvements that are on here is that this project is going to be making those improvements to the roads out front of their project. >> Correct. On road. So on road is a county road, but those improvements are being
done with uh currently we're under u review right now as an e- permit. Actually had a meeting today with Orange County about these improvements. Um we're coordinating with Duke Energy and with um Orange County on those roadway improvements. They'll be done at the same time as the development is under construction.
>> Okay. And then the I'm only seeing in not to get too granular with this, but there's a a right turn in uh for what I'll call I guess the main entrance that is that due to where you're possibly seeing more guests and traffic on that one whereas there's not a right
dedicated right turn lane for the other the west entrance. >> Pardon me. Um when we did the traffic analysis and when we coordinated with Orange County, they did not require in fact they didn't want the right turn lane for the what we call our western entrance. So it's the eastern one which
we call our primary entrance just like you did uh where we have a left and right turn lane. The um western entrance they only have a left turn lane in or what what we call eastbound left turn lane. Um I'm not specific. I'm not a traffic
engineer, so I don't want to guess too much, but for based on the trips projected, they don't anticipate the right turn light being required. >> Wasn't a requirement there. Okay. >> Yeah. I think it's because of the straight nature of the road and because it's a quick turn in uh and the the lower volumes on that road. It just wasn't required.
>> Do you do we anticipate because is it it's FE that comes up in in Disen in T on right? Basically the gap in between if you you see the same app I do the the big rectangle gap on the bottom of your page E is almost towards the center of that to towards the towards the right side but right right there.
>> I see. Yeah. >> Yeah. >> So from reviews and things of that nature is there any intention or need for a traffic light there? >> One of the things that the county had the traffic engineer do is do what they call it's not a full signal design. It's called a signal warrant study. And
that's a very common thing that um counties and state level require you to do to see if the signal is even warranted to be designed. So they did a signal warrant study and it wasn't required at FE and however as we're permitting right now I indicated we're under what's called an e- permit with
Orange County which is the permit we filed to do the roadway improvements within the county rightway. Part of that process is they'll evaluate this project for um what they call a proportionate share payment or if there's any proportionate share of trips you're adding to the intersection, you would
pay a portion of that sig future signalization and they'll collect those funds and and save them for later day. But at this time the signal is not warranted. So the county won't even entertain that option. >> Okay, understood. Thank you. >> Any other question? >> I think there's another question about
open space. It is 50% minimum required. Right now we're greater than 50 but 50% is the minimum required. And then um >> Lake >> Lake pop natural gas. Yes. Sorry. But we did co we have coordinated with Lake Poppy Natural Gas. I will say city staff and Lake Pock natural gas are very good at during the DRC process. They reach
out from the very beginning. Um normally in the entitlement process they reach out to the developer and or the civil engineer of the project. From my perspective I will tell you I get contacted every time. We did reach out to them in the very beginning because this is intended to be higherend kind of more state level plans. I'm not sure if you can see it, but one of the things we
did here was like at each intersection, whether it's a T or cross intersection, we actually didn't put homes at that intersection, we did tree conservation or tree preservation. The thought was on top of being conserving over 50% of the site for open space and conserving over 50% of the trees on site, we're able to
have what would feel like an established development with all these existing trees at each intersection. So you feel like you're driving through that from the very beginning as opposed to waiting 10 15 20 years for the trees to grow. Um but in that where we do the roads we are
providing the the we're currently coordinating with Lang for the gas service. So we reached out to them from the very beginning and we are providing that. >> Oh okay good. >> Last one is the schools. >> Schools. Yeah. Uh I think Gan handled everything but right now through
adjacency um there is no CMA required right now. Any other questions from the applicant? If not, by from the public wish to speak on this one, Albert McKame 363 Golden Gem Road. This is the sort of development I like to
see. The developers worked really well with city staff to provide something that we should be proud of. What I'm not happy about is how the city deals with the roads issues. We have a road on ditch which belongs to the
county. What contingency are we going to make to make sure that the same thing happens doesn't happen to on ditch as has happened to golden gem road because we now have golden gem road which belongs to the county and we can't do anything about it. So there's a problem
that the city has to appreciate that moving forward with developments, we need to be much more in touch with what the county do and what contingencies we might have if the county don't act in a way that's timely. In terms of uh FE
road, FE road I believe is a city road. It's also part of the pioneering agreement, but FE road is a link between and the 429. It would be the main link that traffic would have to travel along with current
information that we were given at the last meeting whereby the pioneer and agreement funding members no longer are totally in agreement and that the total sum of money that was available originally which was $65 million is now
substantially less than that. What have we got in terms of any comfort for the residents that any upgrades to FE road isn't going to come out of city pockets? Because at this particular point, it is a problem.
Anybody else from the public? I am pleased, displeased that trees had to come down. Ancient trees had to come down. But I am pleased that um there's a 62% preservation and I hope that there's not
going to be any disruption. Typically, bulldozers aren't careful. And so, I hope that they are truly preserved and that the water areas
are safe and preserved. And I'm sure that the intention of the builders are are genuine and that they're going to take care of it and they're going to add extra trees around the area and around the homes. um
encouraging the homeowners to even add more. Um I do have a question of um how the builders came up on there on the open space requirement of 50%. I I'd like to know that how that was calculated, but the 62% is admirable.
Anybody else from the public? Rod Olson, 3156 Rolling Hills Lane. We can't do much about yesterday. What we can do is about tomorrow. It should be included. We should know in the packet whether or not it's private or public roads given the cost of gas lines going
in across the community. That should also be incorporated in it going forward. The other aspect is not really this is far enough I think from the schools in this case but in every case we have to look at the connectivity of roadways and sidewalks. We have children
along Jason Dwelli walking in the ditches from those developments that was approved by the people sitting up here right now that are walking in the ditches. That's unforgivable. >> Anybody else? in this plan and I'd like to know have
that been this used to be like farmland or orange grove. If so, have there been any studies for Brownsfield or flooding before you send this to the planning for them to do anything that we
need to have a report back from the developer saying that this land is clear of all brownfield uh if there any contaminations of any sort and if so if they going to build that it
need to be cleaned up and need to be certif ified and gave to the plan and development that the flooding uh uh study have been done and also a brownfield study. I I just want to reiterate when we
normalize the abnormal we desensitize the truth. the things that you hear the public come up here and ask about and ask you guys question on. Soon as the individual leave, we move on to the next topic and nothing is never addressed.
Nobody really gives a godd. And so what it is, what we have here just a dog and pony show. That's why when I say we the people, we the people come out and we don't get involved with this process is what's going on because everything that the
public is asking it should be presented period when it comes before you to make a decision on simple things and it's just not happening. And so you ask you you ask yourself why?
But here again you are going to be who you are. We the people, we elected you. We elect you and we give you a blank check and we give you blank oversight and blank accountability.
And to that point, these things always lead back to a casualty somewhere. Somebody's going to have to pay a price when things like this just get overlooked, procedures get overlooked, whether it's money, whether it's with uh
uh somebody being hurt or even somebody losing their life. So for the last five consecutive years when I come here, I never asked for anything for myself, not once. Is coming here trying to be voice for the people,
trying to make the community a better place to live. That's what veterans do. The fallen veterans will give you the right to sit here and make these decisions. So I ask you, please take your duties
and your responsibility. Please make it paramount and not temporary because somebody's paying the price somewhere somehow. Somebody's going to pay the price. Thank you. >> Anybody else from the public?
>> Not. We'll close the public hearing. Look for a motion to approve the major development plan for Onich North. >> Well, can we get answers to those? Was there a phase one done at all? Do you know? And then the 50% uh open space requirement. Is that a requirement or something that um you guys put into
place yourself? Luke class 1828 engineering. Uh the phase one is done. It wasn't orange groves before and it was undeveloped land. Um the phase one is required at the time of final engineering which is why I think sometimes it's not included at this um stage in the report. It's something that
you have experts in your staff that review as well as the the development team from the applicant would do it. Um but that is completed. Uh all the contamination was reviewed and there is no further contamination that needs to be cleaned up or anything that has to be done. Um the open space was a
coordination between Orange County and Apopa the JPA as it was as it's defined right now. Based on the coordination of that, it was agreed upon for the one dwelling per acre maximum density uh which we came in at 0.9 and the 50% open space. >> Perfect. Thank you.
>> Thank you. >> Okay. Close the public hearing. Look for a motion to approve the major development plan for And North. So >> got a motion by Commissioner Smith. >> Second. >> Second by Commissioner Anderson. All those in favor? I. All oppose. Motion carries unanimously. >> Next up, appeal application. Cliff
Shepard. All right. Okay. I've been asked to present this uh matter on behalf of staff. Uh it is an appeal from a live local decision uh made by staff after input from me on whether or not the applicant uh
qualified to go forward under the 2024 version of live live local or that they would be prohibited based on the changes that were made effective July 1st 2025. um the uh project on this slide and I've
got a presentation I'm going to go through but just to show you what it is. Uh it's and I'm color blind but I think it's the box in red. Could be wrong. I may be wrong about the color but I think that's generally what we're talking about here in terms of where it's location. I do know and you'll see this in a letter that uh the density if this
project were allowed to p uh proceed is 25du per acre and it's approximately 4 and a half acre site. Um these are the two areas that are germanine to this discussion. One is the wava study area represented by this uh I don't know
amber yellow I'm not call sure whatever color it is that's the larger area and then uh the other area the smaller area to the right is the protection area. Uh the entire city of Apopka is in within the study area. And so the legislature
had determined not only is it important to us as we all know Ka is a very sensitive area but it's important to them as well to not have densely uh uh populated residential development in these areas and they prohibited the legal live local projects from proceeding. So that's what this is
about. Um there's a motion recommended by staff to deny the appeal. I'm going to get into the standard review and all that stuff. Uh but here it tells you that the review uh would require you to find that there's demonstrable error made by the
decision or interpretation of staff. Um so this is the first slide. Um the the project at least preliminarily was to be named apparently EOS at Wakiva Springs. The address is 1265 Rock Springs Road. Uh today is April Fool's Day, but they
think that's just a coincidence. Um this is a quasi judicial appeal. Ordinarily, I would be telling you you're applying your code to determine whether this meets or doesn't meet the standards. But in this case, you're applying state law regarding whether or not um you believe
the applicant has met the standard to be essentially grandfathered in under the 2024 law or whether they didn't do enough and that they now could not proceed with that project in that area. um you're reviewing the staff's legal determination and the standard is a a
finding of a clear error supported by evidence. Um the the this is kind of repetitive but it's a clear demonstraable error something you could articulate uh and evidence that supports that decision. Um, so the question as I've discussed is
did the applicant tri trigger live local rights before July 1, 2025? And if they did, it would have triggered some sort of administrative approval authority. And there's a couple of ways they could do that. Um, they could have done it by
an actual application, which they did not do. uh they could have done it by um I'm trying to remember what the statute says, but the third one is where I think they're trying to fit and that is a a a letter of intent or notice of intent and they're trying to as you'll see when we
go through the the evidence at least that I'm aware of um they're trying to say that taken as a whole that that evidence is enough of an intent to allow them to proceed. That's the evidence I reviewed. That's the evidence I gathered from the applicant and their council so
I'd have everything in front of me and I made sure I asked twice so that I didn't miss anything and that's what we're going to be discussing today. Uh so again this is another picture of the map and on this map the area that would be the specific area. Again don't see the
colors but right where in the middle you see the 435 is roughly where the parcel is located. U it's inside the study area as you'll see on the next slide. It is also uh in the protection area the the the smaller area there. Uh live local
excludes any live local pro projects in that area after July 1, 2025. The only transition provision only a transition provision i.e that they had filed an application they were in the pipeline so to speak or had said a notice of intent that triggered administrative review
would be enough to get them to the next level. Uh this is again the protection area and you can see here it's in the I think it's red but there's some little block here in the corner of the protection area and that's the parcel. Okay. It requires and this is what I was
track application request or qualifying notice. And again I think the qualifying notice is the part that they're going to try to say that they met. That's obviously up to Mr. Crawford but I think that's where they're angling because there's no dispute. I don't think that there's been a an application or an
official request for development rights. Um, and that that intent that request that notice of intent has to trigger some level administrative review i.e. that you're in the area that this is what you're going to do. Um, and staff then because it becomes an
administrative process at the point at which they flip the trigger. Um, and one of the things that staff would tell you if asked is that this becomes more art than science sometimes because staff is frequently asked questions about parcels
like how much DU per acre can be developed on this property. Uh, what are the setbacks and other things for projects that never happen? So, what you're going to be asked to determine is whether what happened here is enough to say, "No, no, this went beyond that.
This went to an intent." Okay. Um what they're essentially arguing is thatformational activity where they're requesting information um means they've have expressed the intent that they needed to meet the court requirements. And we believe from
the staff perspective that that is not a legal submission that gets them over that hump. Intent does not equal entitlement. So here's the timeline, the brief one that matters. uh in 2024 uh December uh
they they ask the staff for two letters. You're going to see them in the packet and you've got legible copies because they won't be as legible on the PowerPoint, but you have legible copies to verify both the zoning and that the project uh area would be suitable for a
live local project. Again, under 2024 rules. Um there were staff verification of both of those items signed by Mr. Howell in December. I'll show you those letters in a moment. Between May and June of 2025, there were discussions via
email with staff and the applicant. And um the June 24 email, I believe, is what they will tell you is their strongest uh support for getting over the hump and saying that they crossed the magic threshold to go forward. Um but but
again you'll see that and make your own decision because on July 1st the law changed and we know for sure if they came today the answer would be no no question about all right so the position of what's missing is there's not been an application again that we know there's
no big request for approval of anything that we also know. So the question is, has there been a triggering submission that gets them over that transitional part of the statute that gets them to allow them to apply 2024 law instead of 2025 law to this very important area for
the city? So we going to start with an email dated May 29th uh from someone Mr. Boron and he sent it to the department uh uh your planning department and he asked and and the language here I think is important.
I'm currently reviewing sites in Apopka that fall within your designated live local parcels and wanted to inquire about the allowable density for these locations. Now, reviewing sites plural that indicates
not honing in on a specific site at least of May 29, 2025. Could you provide that information at your earliest convenience? It shows a request for information. It does not request approval. Does not trigger an administrative review.
Mr. How responded on June 4th, 2025. Uh Ray, subject matter live local density. Good afternoon. The maximum allowable density under live local is 25du per acre and that's based on the underlying zoning for the area which was commercial, which is why this would
otherwise qualify if it weren't in this protected area. So that was July 4th. On uh May 29th, hang on. Oh, I went excuse me, I hit the wrong button. Sorry. Here we go. Uh, on May on June 24th, there was a response
from Eduardo Tran to Mr. Howell and then this response and I think this is what they believe is their strongest evidence. Uh, they ask a number of questions of staff. Uh, importantly and the first one uh that says example if we are pursuing live
local underscore the word if. Now, we are going to pursue live local in this spot, and it's important to us to know all this information. Um, this shows, and I'm going to show you the rest of the email on the next slide. Shows information exchange, does not request approval of anything, does not trigger
an administrative review by staff. This is the second part of the email. I couldn't fit it all on the same page. Um, it says, "What setback requirements govern the property since we would be pursuing the site under live local?" It's asking about setback requirements. You'll see it ask about parking ratios.
that says about F, open space, minimum unit sizes, heights, and so forth. And they asked to set up a meeting to discuss those items. Those are the very same questions that any developer would ask preliminarily before actually making a decision to pull the trigger on anything. They are not a notice of
intent to proceed. They are general factf finding questions. Uh again, it's an information exchange, not a request for approval, not a notice of intent. These are the housing applications that they ask the staff to sign. Uh I would
note the very fine print at the bottom if you read it says staff is not allowed to make any changes to these forms or the fam will be rejected. So the simple question is at the time of the application and or uh this request for u verification which was on the 18th of uh
December 2024. First, does it qualify as urban infield development? Meaning, is it a proper area for that under the statute for live local? And then second, is it consistent with zoning and land use regulations? And Mr. Howell verified both of those things on that date. Um,
it's a financial related document, so they can qualify for financing. Confirm zoning consistency only. It does not initiate development approval. So the if you what what what the applicant is going to ask you today is to pro
provide uh a broad reading of the issue of notice and this is within your purview if you believe the evidence supports it. However, I would point out that when the legislature which is not exactly always known for its care of environmentally sensitive areas has gone
to the extraordinary step of protecting these areas from projects like this. I would suggest that they are suspect asking us to give it careful review which is exactly what we did and as the mayor will know there was another project similarly situated but had additional evidence that kind of put
them over that hump but this one which we reviewed of the same standard we don't believe met that requirement. Um they believe their their statement of intent through these various emails should suffice as opposed to a notice of intending to proceed.
The statute we believe requires something that triggers the staff to act. Uh not just awareness that in the ether sphere of development out there, they're thinking about it. And essentially that's what I think is the problem with the argument that you're
going to hear. Um we don't believe there's a qualifying submission, no administrative tricker, uh uh which required a staff determination of literally anything. Here is the letter that was sent by staff acting on the application. And you'll note that it
covers uh the same information that I just did and it says that there's no qualifying submission found. Uh there's no administrative trigger trigger and the transition provision is not satisfied. I won't bother reading the letter into the record, but it has all there. You should have a legible copy in
front of you. Okay. So the decision framework for you today is was there a triggering submission that gets them over the hump and gets them into the to gets them allows them to use a 2024 law. Uh if not then you should affirm the staff
decision here. Uh on the other hand if you if you find that there was something triggering then you would grant the appeal and they would be allowed to proceed. If you don't find clear error in staff judgment here then you should deny the appeal. And that's the recommended motion. And that's all I've
got. subject to questions. I will turn it over to the applicant. >> Okay, Mr. Crawford. >> Thank you very much, Mr. Shepard, mayor, council, staff. My name is Jimmy Crawford. I'm an attorney with Crawford
Mock and Holt, 702 West Montro Street, Claremont, Florida, and I do represent uh the applicant uh well uh Dora Point LLC, the landowner uh in this case. Um, thank you for the opportunity to appear
and discuss. It's a bit of an unusual procedural situation. I've never been involved in one of these at 32 years of doing this. Um, but I think the directive and the statute given the
the emails uh and the affidavit that are in the record uh show clearly that we do meet the the requirements. Um, first let me say the only real legal
difference that Mr. Shepard and I have over this is whether and I'm going to do a couple of quote excerpts and and Mr. Shepard correct me if I get anything out of context or wrong. He said that the
uh notice okay I'm sorry uh application written request or notice of intent that's what the statute says those three things must invoke administrative approval authority said another time it must initiate approval said another time
we have to request approval and the notice has to require staff to act. I would submit that none of that is in the statute. The statute says just exactly what it says. And I don't know if we have a slide for it, but I know it is in
your backup on page 172 of 320. There's a highlighted portion. And unfortunately, this project requires all of y'all to make a legal determination, which I
>> Is that section three that you're referencing right now? Is that section three in the statute? >> Yes, section three. I'm sorry. Yes. Right at the top of page 172. Um, and I'm sorry, before we get into that, let me do one aside. The other thing that I would disagree with Mr. Shepard
on is that staff made a recommendation that you deny it. That's not correct. and it's not allowed. Um, the staff report, which is on page, I'm sorry, 135 of 320. I want I'm sorry. I just
needed to get this in first. under the middle of that page, recommended motion, it says exactly what the staff recommended action is, and it just recites the code provision. It does not
say, now I don't expect staff to come in here and say, "Yep, we made a clear error. We support revoking it." I I don't expect that. But there also is not a recommendation for denial. There's a recommendation that you follow what the code says.
Um then let's go back to page 172 for just a second at the top. That's section three. An applicant for a proposed development authorized under either of the live local county or municipal statutes who
submitted an application a written notice or a notice of intent to use such provisions. Those are that's really the excerpt that is that is so important. The rest is all if they did before July 21st then they
can proceed under the provision. Um so I checked and if I'm wrong I hope somebody in the city will correct me. Um I have checked the city website in their applications for an application for a
live local project. There is none. I asked for a written request form regarding live local act. There is none. We asked for a notice of intent form that we could submit to the city that says we intend to use live local. There
is no form. The city had specific knowledge that Dora Point intended to utilize the live local act to build an affordable housing project on its property. um very clearly
the December 18th affidavit. Let's look at those. Okay. Page 155 and 156 of your backup. The the they were characterized correctly by uh Mr. Sheepard. The first is an FHFC application. Not an
application. and it's a form that you have to submit with your application. Verifies that we qualify as urban infill development. And the second one verifies that the development is consistent with zoning and land use regulations.
But let's look at what he act what Mr. How whom I've known for 20 plus years and is really good at his job and I respect him to death. I just think they made a mistake. Um, sorry. The undersigned local government representative confirms that as of this
date, the above referenced developments, number of units, density, and intended use, one are consistent with the current land use regulation and zoning designation or are approved pursuant to live local act or are consistent with
live local act. And the last sentence doesn't apply. The Land use and and zoning for the property is commercial community commercial. It doesn't allow multif family units. So we know for certain that the application the underside
the above reference development proposed number of units density and use are not consistent with land use and zoning regulation of aka. we had not uh been approved pursuant to the live local act
which is the sub two sub three that they're consistent with the live local act. That's what Mr. How had to be signing for because the other two are simply not true. Um, so if that's not
notice to the city, to the planning manager of the city that we intend to use live local act provisions, I don't know what is. Then the June emails we went over just briefly. I want to emphasize one part that I think was shown but not
discussed. This would be it's on the top of page 151 of your backup. And it is true that well on page 150 the developer confirmed the site address in question is 1265 Rock Springs Road Aka,
Florida. That's not sites in Apopka, which he referenced several months earlier in an email. Uh it's a very specific address that's the subject of this appeal. Um and then correctly he stated that he the
first question is if we are pursuing live local do we still abide by the CC zoning requirements? But the second one says what this is the beginning of page 151. What setback requirements govern on the property since we would be pursuing
the site under the live local guidelines? Again, I don't know how clear you could be because there is no application. All you file is a site plan application if you qualify. That requires hundreds of thousands of dollars of engineering to do. No
developer is going to jump into that without some assurances from the local government that they can build their project. Um, let's see. And the project IDed in the affidavit was 114 units on 4.56 acres at
a density of 25 units to the acre. Again, the only way to do that is under the Live Local Act. There is no um it was inconsistent with the land use and and zoning. Um we talked about the June 24th email.
Um, there also were more communications between the city and the owner between December of 24, the city and the developer more between December 2024 and June of 2025. But the email string that is in there is the clearest evidence as
Mr. Shepard said that we would uh be used. Um here we believe the clear and demonstrable evidence which is what the code says must be um no I'm sorry competent substantial evidence uh that
there is a clear and demonstrable error in the staff's decision. Um the city knew in December 2024 we were seeking a live local approval by the signature uh under oath of the planning manager. Uh that notice was reinforced
in June by specific emails for the specific property between the developer and the planning manager. Uh those communications leave in my opinion no reasonable doubt that the city had a written request
and that had the city had a notice of our intent prior to July 21st that we intended to utilize the live local provisions. Um, now I've been a land use lawyer for 30
something years here and I learned early on that every case depends on a could and a should. Every case before a public body at least the could is the law. I think that that's very clear here. Uh,
and in fact, not only is it a could, it's kind of a you have to. Um, but you swore an oath to protect and serve the citizens of Apakka and to uphold the law both. So I believe in this instance both point to
the same conclusion. Um, this project is not affordable housing under many of the statutory requirements. It is not a section 8 project. Uh, it's not a rent
assisted project under the federal I'm sorry, Florida Housing Finance Corporation requirements for the loan, which is the only way this project gets built. Uh, it requires 100%
of the occupants, the renters to be between 35% and 60% of the area area median median income. and it requires that they be working individuals with those salaries. This is workforce housing is what it is. Um what we intend
to build um is would be called Eco Waka Springs. It would be on our property. McDow Housing Partners is the developer. That's who all the emails are back and forth to. Um they're an experienced
uh builder and developer of multif family projects uh both workforce housing and primarily they do market rate uh housing. They have 3,000 units built and more in the pipeline. They are
proposing on this property 87 units, not 114 that we would be allowed. Uh it's a fourstory indoor access elevator served building. We're going to have 48 one-bedroom, 32bedroom, 9 threebedroom to try to
serve again the single people and the single mothers out there. Uh they that need it. The amenities we're not going to skimp on. There's a 2500 foot clubhouse, a fitness center, community room, a tot. Uh the finishes are granite
countertops, stainless steel appliances, luxury vinyl plank flooring, washerdryer hookups, and LED lighting throughout. The estimated rent range right now for a one-bedroom is 650 to 1150.
For a twobedroom, 760 to,400 for a 3bedroom 8.90 to630. That's around $500 to $600 less than the market rate currently. If if you Google and check and check it out, it serves
teachers, health care workers, police officers, first responders, young a whole bunch of the people that are left out because there's no missing middle. They are the missing middle and that's what we're going to try to provide. I think
Um, in in closing, the statute provides what it provides. I don't believe there's any requirement that we make an application that invokes the administrative approval authority. An application is one of the ways to get
there, but not the only one. Notice of intent and uh written request. We think we feel like we've sati satisfied both of those. Your code says that before we go to court over an argument, we need to come
to you on an appeal basis, which is what we're doing. We very much hope that we can solve this um issue um amanably. That is absolutely what we want to do.
But it's our one and only chance to avoid litigation that involves everybody. Uh we are prepared to continue if we have to. It's too important of a project for us not to. And I would note that there is a statutory attorney fees provision in the statute that the prevailing party, be it
you or us, would get their attorney's fees paid by the other side. We don't want to do any of that. We think we provided the notice that is required, the notice of our intent. I mean the the email actually says that that it's
our intent since we would be pursuing the site under the live local guidelines on the same email with our address in it. I I don't know what other conclusion you could reach. We would be happy to try to answer any questions that you might
have. I do have owners representatives here as well. The owner has owned the property for 30 years. is a local person. It's not uh somebody coming in from out of state, out of county, out of anything trying to
do this. Um and we think that the community benefit favors us and the law favors us. Um if there are public comments, I don't know how this is going to proceed. We'd like the opportunity to address those and of course answer any questions that you guys might have. Any
questions right now for the applicant before we go to public comment? >> Um, Mr. Anderson. >> So, just a few questions. I'm glad that you actually because I want to so the first email that was sent May 29th and the first thing I did, I actually went
and looked up and see I actually saw the property was purchased back in 2008 because I want to see if the purchase the property was recently purchased if they were out looking for property. So it was and then further and you look at the other emails, it does actually
confirm the actual address in question. >> So that was another thing that I looked at. So the statue and this probably a question for staff in regards to a notice of intent form. Do we have a
notice of intent form? We don't. We don't have one. Okay. >> Okay. And has other developers submitted a notice of intent form before? Is it common practice? >> No, actually the there was another developer and I'm probably going to get the name wrong, but it had some Gail something
>> and there was an actual exchange with staff acknowledging the intent to proceed. And in fact, just like we did this one, we reviewed that one and came to a different conclusion. Same problem. It wasn't it wasn't an actual notice of intent form, but there was significantly
greater of a paper trail. >> But I I guess my concern is is that the statute doesn't say what level of it what what what that looks like. Right? So there's nothing in the statute that that I'm reading just the the part that's highlighted. It says notice of
intent. That is very broad. What what is defined as notice of intent? Well, that's the part that is is in dispute between the applicant and and staff. Um, and and Mr. Crawford is right when he says the statute doesn't say that requires or triggers administrative
approval. The reason that that's there or the reason that is in the presentation is because that is what is contained as discussion point for the session law that changed in that became the statutory amendment. But what you should know is this the whole process of live local is to trigger administrative
approval. So they don't have to go through the same things that they would ordinarily have to go through. So the question is did they provide enough information that the staff would be required to say yep you're in administratively approved so long as you meet setback all the other things. And so the question really boils down to
based on what you're seeing and you could interpret it differently but based on what you're seeing do you think it goes from inquiries which every developer makes and many never happen to a notice of intent that's really the issue.
>> Okay. And in addition to that it says since we would be pursuing the site under the live local guidelines. >> I'm sorry I could not hear the first part. So it says since we will be pursuing the site under the live local guidelines. So they made it pretty clear. >> And when it says if we pursue
>> since we will be pursuing the it says since we would be. >> Yeah. In the same letter it also says if we So there there's there's there both statements are in the same letter or same email. >> So but it it does show intent. It just show intent because I I I think it says there's no process that we don't have a
form. There's no process. So, it's hard to say that they didn't meet the standard when we don't have a standard. >> Yes, ma'am. I Well, we we don't have a form. I understand. >> Yeah. So, it's hard to say. So, it's it's really very subjective. Like, what is it's >> If we did, I wouldn't have had to weigh in at all. >> So, what is the finest intent?
>> I I'll agree completely uh with Mr. Sheepard that the legislature writes these laws in a way that requires this kind of sausage making to figure out what they meant. And I'm sorry about that. We do the best we can with it. I know Mr.
Shepard does and we do. But in this case, they left it up to you guys or the judge. I I might also respond that reading the statute, >> it would be reasonable to expect the developer to write a letter that says
this is our notice of intent to develop this project uh and be grandfathered in before the new statute takes in effect. It's not like the new statute was sprung on anybody and they didn't see it coming. >> And and I think I would actually agree with that if it didn't give you two
options. You say a written request or a notice of intent to use. So, you know, it gives you option to have written or intent. So, is it is it a verbal intent? Is it, you know, it doesn't really define what that looks like because it give you another option. If you only said written intent and written request, then I would understand, but it doesn't,
you know, doesn't say that. And additionally, the another email, June 24th email, that is the SHFC verification form. Is that a form that we completed? I'm I'm kind of confused by >> It is a form that's provided by that organization that is sent to planning
directors all over the place if certain developments qualify for that kind of funding. And then the uh whoever get whose desk it lands on this case was Mr. Howell verifies if it does or doesn't qualify based on the questions that are asked there. But I would point out again
that the small print at the bottom even if Mr. How wanted to make changes and said but or whatever that's not allowed or the form is disqualified. >> So this form shows so we were engaging. We did complete this form. So we were engaging as well. >> Yeah, Mr. How completed those forms in December.
>> There was engagements as well between staff. So there was engagement. >> Yeah, there was but again there's engagement with every developer and staff all the time for things that never happened. >> But I guess the question is well intent. How do how do we define intent? How do we define intent? >> Correct.
>> Well, and I think we can go back to the the affordable housing complex right down the street that we did. >> Bobby did sign the the agreement. Um or no, it was it would have been Jim Jim Jim hit signed it, >> right? >> Obviously, we we were we went to court
over that and lost that one, but they did the same thing exact same form. you what the intent was is 192 units and so we we we >> we lost that battle different circumstances but but we we lost that
battle >> in court um over >> but the form had been signed by Jim hit just >> it's a matter of fact you just the is it is it approved for that or not that many units or not >> right it doesn't mean they're going to
build or even have to build anything >> but So when originally when they init uh when they um the legislature passed the live local act was there something within there that said it did not have to come to the city council.
>> Oh no this is this is a matter of your own code and in fact that to be very transparent that your code calls for appeals of decisions made under the land development code. However as Mr. Crawford point out, and I agree, which
is why we're here, is if we don't let you weigh in as the elected officials, he has no choice if his clients tend to pursue it, but to file suit to get this adjudicated. So, this is a chance for you to weigh in and decide whether you think I guess they would say the the
lemon, the juice is worth the squeeze. Uh because again, if you don't weigh in and we and we had told him, which I think is probably accurate, that it doesn't really qualify for an appeal here, then he's going to go to court if he's going to go to court because there's nowhere else for him to go.
>> Is that the answer? >> Well, yes, that is the answer. In other words, >> the answer. >> Well, ask me the question again. Maybe I misunderstood you. The answer the question was when it the live local act was was passed by the legislature
I think it had restricted us from even approving or disproving >> that's right administrative approval. >> It was not required to come before the city council. >> That is correct. The issue here that that is correct. The issue here is staff said no and so it wouldn't come here. So
then Mr. Crawford and his clients look at okay what are our options? They decided to pursue an appeal. We looked at it. Maybe not appropriate under the land development code, but if we tell him that, he goes away and files a lawsuit and y'all never get a chance to even know what's going on. That's why
we're here. It's not something the legislature did. It's a decision based on the problem that is confronted here. I didn't want you to be in a position of being sued and not ever have an opportunity to understand why you were being sued. >> Okay.
Mr. Mayor, may I Oh, were there further questions? I apologize. >> When when I looked at the two forms of sign dated December 18th, 2024, >> it triggered the same thing that happened with the facility apartments that have been built
by the Hilton Guardian and we went to court and we lost. And so I don't want to go to court again and don't want to lose again. And so looking at the date of the documents and to me that's intent of what they intend to do
and I understand that yes there are other developers that send forms in and they never do anything but only difference is >> these developers are before us today. So their intent is to do something. >> So that's where I am. >> Commissioner, any questions?
>> No questions. Just reading the statute. It it doesn't just say intent. It says intent to proceed. And so it's not just intent, it's intent to proceed. And the point that's being made is that there was intent provided, but not intent to proceed. I'm not seeing that um in these emails or in any documents have been
provided to us. So that's my only comments there. >> Okay. Any other questions? If not, we'll open it up to the public. >> Mr. Mayor, may I pontificate for 60 seconds attorney? >> Um I I don't want to I just want to say one thing, please.
>> It's a quasi digital. There's no public. >> Okay. Okay. No. >> Okay. Well, that's certainly city attorney. >> Um, >> just a 60-second aside. I promise I won't. I tried to say this whenever I'm before a dice and this issue comes up.
I'm on a campaign to eliminate the word grandfathered or grandfathering from all of our codes and statutes. It's in thousands of them in Florida and across uh the nation. Its history is terribly
racist. After reconstruction, which I went to school in the South, I was taught was called radical reconstruction. Um, in the 1890s, the Democrats took back over federal and state legislatures
everywhere. And they started passing voting literacy laws designed to keep black people from voting. They don't say that in there, but that's exactly what they were designed for. And they worked. The problem is a whole bunch of whites
could not pass the literacy test. So most states, Florida included, adopted a literacy test statute that said if your grandfather was registered to vote, you don't have to take this test. because all of the grandfathers of the black
peoples were slaves and couldn't register to vote. It's an easy word to use. I vested I there there's a whole bunch of other words, but I just I try not to speak it and I I that's my 60 seconds. I'm sorry.
>> I'm kind of a little confused. >> I don't know what that >> What was the >> Yeah, what was that? >> We didn't quite understand your >> Yeah, there's no >> there's no No public comment. >> No public comment.
>> This is Let me just explain so everybody understands. This is an appeal based on evidence. And so the public may have opinions, but that's not evidence. That's what we're here to decide. >> Yeah. >> Yeah. >> Okay. >> Okay. >> Okay.
order. >> Okay. >> Can All right. So, I mean, >> you're you are speaking on behalf of Bobby Howell. Is there any way that we can ask Bobby How some questions? >> He's a part of the stuff that you could examine. I mean, in ordinary course in a
trial, we're not in a trial. We're an appeal. And his staff report and the letter he wrote would be his testimony. But I am not going to stand in his way from talking and answering questions. uh from you. He's at least provided the evidence which you may wish to question.
>> Okay. >> So you want >> Yes. >> So I mean I did go see you yesterday because this was uh was it yesterday that we spoke briefly? Um, but what I didn't ask was when you were corresponding back and
forth, did you understand that that piece of property was going to be developed as the live local >> when live local was law of the land in the state of Florida? Yes. The issue is is that the Wakiva study area is exempted from live local effective July
1st, 2025. There was never a letter or an email that says we are going to do a live local project on this piece of property. >> So I know there was another live local uh project that's in our community
>> at that time when they expressed that they were interested in doing live local. What is the process that you as the planning manager do? I mean because it seems to have been just stagnated. There was no there was nothing put on
paper other than just correspondence. But if someone shows you someone a a developer comes in and says, you know, I'm interested. I'm going to for the live local act, what would be the next process for you besides the corresponding? >> It'd be similar to any development
application that's submitted. We would have a pre-application meeting with the step with the applicant. We discuss the process. live local when it was the law. It was required to follow a site plan process as Mr. Shepard had indicated setbacks, storm water, parking ratios, height, those types of things. It would
be done through a site plan, a site plan application. There was never a site plan that was turned in on this piece of property. >> So, did you ever meet personally with them or was it just um >> believe there was email correspondence? uh might be a Zoom call if I recall correctly, but it was prior to July 1st,
2025, but there was never any documentation submitted that says we are pursuing live local on this piece of property. Applicants burden of proof is always on the applicant. It's not on the staff. The staff reviews something that's turned in. It meets the comprehensive plan, meets the land development code.
Applicants are required to know state statute as well. This everybody knew that this statute was coming prior to July 1st, 2025. As Mr. Shepard said, and I believe Mr. Crawford said as well, it wasn't a secret. >> So, you never met with anyone coming
into your office to say >> so. This is what we planned other than through correspondence. >> Just the correspondence. There might have been a Zoom call. I can't recall correctly off of that. But just the correspondence is the evidence that was provided >> because one of the emails I know that um
I think it was Mr. Eduazo said we will sit down and meet >> and that did that ever happen? >> There might have been. We meet with on average about five people a week and as Mr. Sheepard had said a lot of these people we never even hear from ever
again. So we meet with a lot of people. So I'd have to go back and check and see if we had a meeting with them. >> I know one of them said >> a lot of people meet with us. They do their factf finding missions. specifically with this Edoardo >> Tran
>> um in one of them I know he said >> well set up a meeting that he wanted to meet >> it's right here 151 if you would like to set up a meeting to discuss these items please let me know and we're happy to schedule one. Yeah.
>> Was that was anything ever scheduled >> that I don't know. I have to go back and look at my calendar. We like I said we meet with so many people it's hard to remember everybody we meet with. Okay. So, this one is a question mark. You don't remember if you sat with them? >> I don't recall.
>> Okay. All right. Thank you. >> Okay. Back to Cliff. Um, a couple of questions. If they were asking about residential,
that would make it they're assuming it have to if you're doing residential and you have to assume that that was live local because that the zoning there was commercial >> commercial. >> So,
okay. The other question I have if if if we don't appeal or if we if we allow allow this or let's say we don't allow it okay >> and it goes to court are they could they
then go from the 87 units up to the 114 would that would it limit >> the answer would be it all depends on site plan right they have to have drainage they have to have setbacks and all those are things so I don't know those calculations It depends on the plans presented. One of the reasons site plan is kind of a fundamental part of
any project. So I don't know the answer, but is it possible what they're planning now could change? The answer is yes. >> Okay. >> Any any last questions for for Cliff? >> Just the intent is have me the intent I guess
we just really don't have a definition of clear definition of what intent is. So I think >> it certainly would have made my job easier if it said this is what it has to be and here's the form. >> But the question is again, >> you know, I represent a bunch of cities. I represent a government a bunch of government agencies and I think you all
know intuitively if not directly. Developers ask questions all the time. They write emails all the time. That does not equate to a notice of intent. But if you think it does, then it does because I can't I mean there's nothing I can point to other than that.
If if we approve this, does this open up any other Bobby? >> Not for not for that area. Okay. >> And pretty all much all over since we're all in the study area. So, no. Uh it would be a sign a second project in the area,
>> but that one was a much clearer record than this one, which is why we said, "Yeah, it's got to go. Any last questions? >> I I just have to the meeting. I mean that one email caught me with the word
meeting. So that's why I'm asking did they sit down and meet with him other than this correspondence going back and forth because it does show that they are interested in uh putting a residential in this
commercial area. Sure. >> And it's again and I passed that that property every almost every day a few times and it has Family Dollar and I think a >> the auto shop both of them, >> right?
>> Um I mean this is the first time I'm even hearing that that was a consideration. But did Bobby How have a meeting >> other than what he recalls uh of a Zoom meeting? It didn't sound like it. And he's not even I don't know if he's 100% certain about that. You can certainly
ask him again. But you asked him directly about meetings in and that's the only thing he could recall >> because the meeting would have have he would have definitely then done gone this next process that he normally does. >> Depends on what the meeting was about. >> Huh.
>> It depends on what the meeting was about because it could have been about you know drainage. It could it would depend on what the subject of the meeting was about. >> But it would have triggered him to the next step. It might have.
>> That's why I'm asking what was the process with the first live local act that was built in our community. >> Well, I I'm not sure how Jermaine it is, but I'll be happy to let Mr. H. >> Do you remember what that other project was? Maybe you can explain. >> I mean, because for me, this is has been sitting kind of dormant. This is the
first time we're hearing about it and we're kind of just hearing too. >> Sure. And when you when you came by my office Monday, I showed you the other one. Gail Vista, the site plan over by the Kira Leaf off of Old Dixie Highway. They submitted a site plan. The same question came up after July 1st. Is live
local still applicable on this piece of property? We sent that to legal. Legal determined that there was enough evidence to determine for that project they satisfied the criteria of live local. As I mentioned to you earlier, uh I don't recall if there was a meeting with Mr. Kron or not. um we meet with
many people and even if we have a pre-application meeting with people a lot of times we never hear anything back. So that doesn't satisfy intent of submitting an application just because somebody had a pre-application meeting. They're having these meetings to do factf finding missions to where to
determine whether or not the project pencils out and they can do it and make money off of the project. That's really the point of that. So, in the December 24th email, so you're not sure about that one. That
was um in June. And then the December 24th when they send the last is that it okay. The Florida Housing Finance Corporation local government verification Um
what when you received that was that like did it tell you that that was it that they were going to go forward with the live local act? >> Well in 2024 live local was permitted in the city of Apopka in the Wakiva study
area >> and at that time you still hadn't met with anyone. might have been some email exchanges. I don't Yeah, I don't totally recall. >> There's just been email >> back and forth. >> Yeah, it's like I said, it's no different than meeting with people and
we never hear from them ever again and that happens quite frequently. >> So now from December 20, well it's sign it's signed December 18th that you signed that. So, what triggered February 6? That's
the letter that is sent based from your office uh >> to Miss Natalie Arrow Smith. >> Yes, that was the applicant determining getting a determination whether they qualify for live local planning staff and consult with the city attorney reviewed everything and
determined that they did not satisfy it because of the Wakiva exemption. So between December 18th from when you signed off on that Florida housing to let's say February 6, was there any
correspondence in between that or any phone calls? >> I wouldn't recall phone calls. We get a lot of phone calls uh correspondence. The last correspondence I believe was supplied by the applicant that showed it was in June or something of 2025.
Even that time period kind of >> Yeah. >> because all of January is there's nothing for January. >> Commissioner, I think we wouldn't be having this discussion if the legislature did not exempt the Waka study area on July 1st, 2025. That's really the issue here.
>> Yeah. >> And the applicant is requesting you to provide a determination whether or not the staff made an error. That's really what this is about. >> If the staff made an error. >> Yes. >> It's not whether the staff made an
error. I'm trying to figure out. >> I mean, you've had all this correspondence. December 18th, we get some they send you this form and you sign it. But then there's if there's nothing from December 18th, and that's why I'm asking, what triggered February
6, was there something between December 18th and February. >> It was the applicant asking if they could proceed under live local. That was what the letter was. As I mentioned earlier, planning and consult with the city attorney reviewed everything and determined that they did not satisfy the
requirements of the KYA exemption that was grant or went through the legislature on July 1st, 2025. >> All right. So then let me ask the attorney that >> so that I'm looking for a time period
between December 18th and February 6. >> Yes. And I I really need to bring up Natalie Aerosmith who really does not want to talk but uh she I believe will testify that she had she and Mr. Vasquez
or the developers representative had multiple phone calls and contacts. The reason I just submitted the emails is because the way I read the statute uh it has to be an application written request or notice of intent. I didn't
think oral mattered that much. Um but >> it does. It does. It does. >> Yes, ma'am. Okay. Well, please go ahead. Name and address for the record. >> Hi, Natalie Aerosmith. Do you want my address or do you want >> That's okay. You don't have to provide that. >> Okay. Uh Natalie Aerosmith. I'm the
realtor um broker owner Aerosmith Realy. I'm the realtor on the project. Um we did have multiple communications with the city um staff via phone call and I do know that I had a meeting with Bobby and staff. Um I don't know the date. I don't have that on me. Um but there was
multiple conversations over the phone. Is this appropriate for live local? This is my buyer. This is what we're looking for. So those types of conversations were being had. Um I do >> Yeah. >> So I'm I'm looking for the time period after he signed that form on December
December and June. >> Well, I think No, no, from December 20 >> 24 because this letter was triggered on on February 6. So but there's there's there's nothing in between. So, Miss
Miss Velasquez, I apologize, Commissioner Velasquez. Um, the letter I think that you're referencing or the application is December of 2024, right? >> The letter that you're referencing is in February is of 2026. So, we were working under the guise that we were qualified
for live local because we had had so many conversations about live local up to that point. So, in I think it was September is when we got denied and um we were kind of going through the process of it and we got our denial from it and that's when we started our conversation of wait a second, we're
not. And when we approached the city with our information, we were punted off to the attorney and there was several months of going back and forth with the attorney on trying to get an answer, but we just kept getting delayed on getting an answer. So, that's kind of probably the time frame that you're missing um
where we really weren't doing anything until we got our letter in February. Does that answer it? I wasn't sure. >> Yeah, kind of. Because there was is a big gap. >> Well, the gap really we were in full conversation from December of 2024 all
the way up until September of 2025. There was no lack in conversation and we were continuing to keep moving forward with what we did with the Florida Housing Coalition. they have to um obtain financing and that was done in October and so we kind of have to sit
and wait until the application process is approved through the Florida Housing Coalition. Um but because we got stopped in September, we failed in um October to get our financing for it. I think it was September. I'm not clear on my dates. I don't have anything prepared to speak. I
apologize. >> With the amount of questions going on just on timelines themselves right now and and maybe uh some additional emails or details, meetings and things of that nature we don't have set right now. Would it make sense for us to table this until we get some more steadfast um emails and things of that nature that are being requested?
>> Well, so I had provided the city with all of the emails that we had um including when the application was done. We provided um the email that went with the application. I don't have it in front of me. I was trying to find it on my phone, but I do believe that when we submitted the application titled live
local act. Um, but the city does have all of our emails that I presented that with my original request of kind of an informal appeal. >> Okay. I I know I don't have those and so that's and it seems like other commissioners don't as well. So, >> I'm just letting you know that I did give it to >> Absolutely. Okay. Understood. It may
make sense for us to table this then for now until we get more information, but I'm seeing the attorney shake his head no. >> Yes. Let me explain. This is based on the written record that's been pro provided and everything that I asked for not only from Miss Aerosmith but also the attorney Joe Thacker. And I asked twice. I said please make sure I have
everything you want me to consider and your arguments. I did all of that and I have all of that and everything that you see not only in the memo but also in the documents are the things that I was provided that are gerine to this issue. And remember the question is what
happened before July 1, 2025. not after but before. That's the issue. So even if there was nothing that happened after July 1, 2025 up until today except this hearing, it wouldn't matter. What
matters has happened before July 1, 2025. That's why the record that you have is limited because that's what was provided. >> But we do have the option to still table this if we want to. Well, again, I'm thinking of it in terms of judicial
context, and I will certainly listen to Mr. Crawford's position on this, but typically the arguments have been heard. The evidence shouldn't change because we have everything that was prior to June July 21, July 1, 2025. Um, but if you
said we'd like to further deliberate, even though you can't do it together, I you guess you would do that. You could continue or something. I don't know. What are your thoughts, Mr. Crawford? Um, we want to do what gets us the best resolution. So, what you're saying is
all the documents that we provided to staff and all are all included in the backup. >> What's the information? I I I don't know what if I got everything, but I know I asked for everything. >> Okay. I I don't know.
Um, one thing I would like to quickly say is that uh, Commissioner Neesa, I'm going to respectfully slightly disagree with him when he said that the notice has to be notice of intent to proceed, I think was what the what the words were
used. And that isn't what the statute says. It says an application, a written request or a notice of intent to use such provisions provided to the county or municipality and received by the county or municipality. So, it really
doesn't even matter what Mr. How thought. It just matters if he received those notices and if those >> Where are you reading that from specifically? >> I'm Oh, okay. I'm sorry. Uh well, let's go to the section three
>> of on page 150. Nope, 171, 172. The orange part at the top. I hope that's orange. I'm color blind. >> That's what I read. >> So, and I'll just read it for context. it. So it it says uh who submit an
application a written request or notice of intent to use such provisions to the county or municipality and which application written request or notice of intent has been received by the county or municipality as applicable before July 1st 2025 may notify the county or municipality by July 1st 2025 of its
intent to proceed. So that's where I got that I didn't make that up. I wanted to make sure that >> okay you I didn't read far enough down. I I completely get that and we pulling that from. >> Thank you. Thank you. You are completely correct. I'll withdraw my objection. And
uh we would stand on the the June 24th email that that specifically says we um intend to proceed. No, let me just read it. Let me not paraphrase it. Yeah, there we go. uh what setback requirements govern on
the property which the address is in the email since we would be pursuing the site under the live local guidelines. Um I I don't I don't see how that cannot express intent. Um and but I'll hush and just answer
questions. I'm sorry. >> Okay. >> Repeat this for us. What's the pleasure of the board? >> I still, you know, just take the position that we have not order. We I
can't all the noise in the back. So I I take on the position that because we have not really defined what intent is and we don't have a there's really no clear guideline on how we approach intent and because of that
it's subjective to I mean each of us can look at it and have a different you know opinion about what the intent is so and you know so I will just have to and I know recently also we had a lawsuit but we actually lost you know >> and I I don't want any more lawsuits that would cause you you know, taxpayers
to have to pay for us really not defining what intent is. And maybe this is a lesson where we probably do need notice of intent forms and so that way we won't have, you know, applicant saying that, oh, you know, I intent, you know, because I wouldn't honestly know as a lay person, you know, what really
defines intent. So that's my position on it. Okay. >> Any other thoughts? If not, I'll look for a motion. And and what should the motion be if we're going to >> I'm sorry I could not hear you. >> What should the motion be if we're going
to accept or deny this appeal? >> Uh if you're going to accept the appeal, the motion would be to uh rule in favor of the applicant/appellant and make a finding that the staff made an error in its decision that a notice
of that the city had not received an adequate notice of intent. that and that you based on essentially without going into details based on the record evidence that was submitted to you that would be your finding. The reverse would be true if you had the alternative motion which is you deny the appeal and
say that based on the record you uphold this decisions of staff. >> So then my motion would be to uh grant the appeal to the applicant based on the information pres been presented to staff. >> Got a motion by Commissioner Smith.
>> Second. Second by Commissioner Anderson. >> And I just want to state I want to get behind staff on this and because the intent to proceed is specifically in the statute is where I'm saying we >> I don't think staff messed up on this. So I just want to say that as we vote. >> Okay. Got a motion and a second. All those in favor? >> I
>> I'm going to say no. >> All opposed. Motion carries 32 with Commissioner Neesa and Commissioner Velasquez in opposition. All right. Next up, closing Moi Apka Road for roadway construction. Vlad.
>> Yes, sir. >> Vladimir Simonowski, public wars director. Uh, good afternoon everyone. Mayor, Commissioner, Public Works bringing two business items to you today. Business item number three is the temporary closing of Aoya Popka Road for
roadway construction. The request is to approve approval of a temporary road closure for Aoya Popka Road between Kin Road and Alston Bay Boulevard from April 27th, 2026 to May 15, 2026.
Okay, in summary, the roadway improvements associated with the shops at this short development include the widening of AOA Paper Road to accommodate additional turn lanes and intersection enhancements necessary to support increased traffic
demand and maintain safe and operations along the corridor. These improvements are required as part of the development's transportation mitigation obligations approved by the city. Under typical construction conditions, roadway widening can be completed in phases by
maintaining traffic on one side of the roadway while reconstructing the other. However, this segment of AOA Papco Road includes a horizontal curve that requires super elevation for vehicular safety. The reconstruction of the roadway cross
slope which is lowering the inside edge and raising the outside edge cannot be effectively or safely constructed in phasing while maintaining true traffic. As a result, a full roadway closure is necessary to ensure proper construction and long-term roadway performance. The
picture to the left shows the exact in green the exact area of closure which is between Keen Road and Austin Bay to the north. And this the picture to the right, it shows a little bit of a different perspective
with not being north arrow being to the right and the Jefferson apartments being up with the with the detour sign for the for the future for the existing actually exit there. Now to minimize impacts to the traveling public the designated
detour routes which is the next next slide will be implemented and traffic will be redirected via Binian road to Harmon Road that's on the west side or via Kin Road to Martin Road to Harmon Road again to the east side. Variable
message boards will be installed a minimum of 14 days prior to the closure to provide advanced notice and standard detour signage will be placed along all affected routes. Given the proximity of Advent helapka just north of the closure limits
which you can see that's basically the southwest corner of Okoya Papka and Harmon. The contractor will maintain a dedicated single lane for emergency vehicles only, clearly marked with appropriate signage
and payment markings to ensure uninterrupted emergency access throughout the duration of the closure. Staff has reviewed the proposed construction approach, detour plan, and traffic control measures and finds them to be appropriate and necessary to safely complete the required
improvements within the requested time frame. Again on the right side you can see the area of the exact closure. On the left side, you can see the detour plan that was developed by the contractor with all the traffic going
from Okoya Papka through Beinian all the way to Harmon and again on the east side uh open to Kin Road and then from Kin Road through Martin back to Harmon Road on the east side to complete the core.
Uh I have also included a few more slides which shows the roadway reconstruction. Basically this is prepared by the developer the contractor which is phase one how everything is going to happen in sequences and then the phase two will be the day and night
operations of course with a placing of a traffic separator one side and then the other side. Phase three paving the 1.5% uh inch friction course which is in blue. Uh phase four will be the other side also paving the 1.5 inch friction
course in blue and this is the uh connection over the koa pap and the phase six is just the other side matching the existing pavement and this is the current condition what
you can see the road is now two lane with a left turn lane for the Jefferson apartment all the way to the right And this is the overall layout of how it's going to look once everything is completed, including the turn lanes, which is the right turn lanes to the new
development, the new public's plaza there, and the new mixed use on the south on the east side, and also the right and left turn lanes for Jefferson Apartments and Kinro.
And I'm available to answer any questions you may have. >> Any questions for Vlad? So, the widening of the road here. Um, of course, I did share an email that was sent by a resident, which happens to be
>> um someone that sits on our PNZ board who lives in that area. >> Um, is the public's is that whole um development has it been done or is it near completion that we're that we need to do this road like right now?
Obviously, you already have all the, you know, contractors in place for this. >> Correct. >> But, um, >> so there there's still a lot of internal work. >> What? >> Yes. There's still a lot of internal work on the site itself because some of the parcels are out parcels, >> right?
>> And the public spa is the infrastructure is under construction right now. And the only one that I believe came to us, it's a DRC right now. It's the corner property which is where the stop sign is
at Keen. This is the northeast corner of Keen and Okoya Papka. Inside the plaza there is the 7-Eleven uh gas station. So that's what's going on right now. Now the roadway construction is important of course
because of the other development as well which is Lake Cutter Exchange on the south side of King Road and they need to complete their turn lanes the right turn lanes and this was recently brought up. >> So this was so you needed to do this road >> correct this is part of the
>> for which development was that? >> Uh it's not necessarily only for Lake Carter Exchange. It's just to the south of Ken Road which is the souththeast corner. of the intersection and we are in the middle of constructing the traffic signal there. So >> okay
>> we try to combine everything to happen at once so that >> correct and the developer also work with Orange County on the improvements on the Kin road because they had to provide a right turn lane there. >> So that was already completed. That was
basically the first phase and now the second phase will be doing the poy papa road and the turn lanes and the improvements of the road on that side. >> Okay. And I I did inquire um was it possible for us to just work
>> after 6:00 at night but I understand because you have to >> Yes. >> It's okay Susan. It's okay. Um because you have to even out the road. So you can't do it. Yeah. You have to close
>> because we have two curves and they need to have super elevation and the road needs to be raised on both sides so we can have a proper drainage. >> So I mean the fact that it's even on the agenda I mean we have no choice. We have to move forth and say
okay. >> Yeah. I mean that's the >> Yeah. It should have just been probably probably just a presentation >> rather than us saying yes or no because it makes us look like we that we don't care about the inconvenience. But it
should have just been brought as a that's my suggestion. It should have been brought as a presentation because it's something that we have to do. >> I think because it's a roadway closure, we always bring the roadway closures for even if it's even if it's for a day or two.
>> I believe that's the policy. any road. We do them from all >> road. Okay. Any other questions for Vlad? >> Yeah, the the detours themselves, they're not the goal is to not send people through Emerson Park because there was a resident that
reached out uh concerned that everyone's going to be cut through Emerson Park to to kind of bypass it. But that wouldn't be the quickest, most efficient way, correct? Because it's through residential whereas Harmon uh Martin and Keem
don't have speed bumps. It's it's uh a quicker route. Correct. >> Yes. So, the idea is all the traffic coming from north going southbound to actually start the detour on Harmon Road at that intersection. So they had east >> either go through Harmon and Binian to
go back down to south um uh just south of the 429 I see ramps >> or to go around through Harmon and Martin and then Keen >> to get over by the public's plaza on the north side of the 429 ramps. >> Okay, understood. Thank you.
>> So the good thing is there is there are two alternatives, right? Yes. And they can both follow the same path that some of the traffic will be dispersed. >> Yeah. when we did the Binyan roundabout, that one was a little more uh problematic. Uh yes, closing that road down because we didn't have many access roads around that. So yeah, this one
works out really well. >> Okay, any other questions for Vlad? Anybody from the public wish to speak on this one? Not close the public hearing. Look for a motion to approve the temporary closing of Koi of Popka Road for roadway construction. >> Some got a motion by Commissioner Velasquez. Second by Commissioner Smith.
All those in favor? I. All opposed? Motion carries unanimously. Next up, utility upsizing agreement. Okay, we're moving. Oops. Okay. The next item is business item
number four, which is utility upsizing agreement for each Brook subdivision. The request is to approve the utility upsize agreement between the city of Apapka, Lenar Homes LLC and TPG AGHC uh Multistate 5 LLC authorizing the
developer to construct oversight water infrastructure in exchange for water impact fee credits. In summary, the Ridgebrook subdivision is a proposed approximately 40.71 acre residential development located within the city's
utility service area requiring portable water, reclaimed water, and wastewater services. As part of the development, the developer is required to construct portable water infrastructure to serve the project, which will typically consist of approximately 1,275
linear feet of 8 in water man. To enhance long-term system capacity and support future growth within the city's utility service territory, the city requested that the developer upsize the proposed water water man from 8 in to 16 in along the same alignment. This
subsizing provides a broader public benefit by improving water distribution capabilities beyond the immediate needs of the subdivision. Under the terms of the agreement, the developer will design, permit, and construct the oversight 16-inch water man at its
initial expense. The city agrees to reimburse the developer for the material cost differential between the standard and oversighted infrastructure in an amount not to exceed $7,300 subject to verification of actual eligible costs. Reimbursement will be
provided primarily through portable water impact fee credits with any potential cash reimbursement contingent upon commission appropriations and available funding. Upon completion, inspection, and acceptance of the improvements by the city, the infrastructure will be
dedicated to the city, and the city will assume long-term maintenance responsibilities following a one-year warranty period. This agreement ensures that critical utility infrastructure is constructed in a manner that supports both the development and the city's future system needs. Again, the funding
source reimbursement will be provided exclusively through water impact fee credits, requiring no direct expenditure of city funds. And the area is shown um the overall area and the development is shown on the left picture and as well on the right
which with a plan 16inch portable water man. >> Any any questions for Vlad? Anybody from the public wish to speak on this one? I just want to restate again and again and again.
If you look at the package just came out, it said uh offset fees for the developer, reimburse the developer. We just we just went through it a few minutes ago. They just walked out.
We don't say nothing about the citizen whatever they do only fees that we get to pay is we get to pay back what that you offsetting for the developers when this is the reason that they fired
you. It's nothing. You got to have a certain name like Aerosmith. You get what you want. You knew that when you came in here. You knew that when you put it on the agenda. I know you don't like me. I don't care.
I wear it as a badge of honor. Yes, I do. But let me tell you, you ain't going to fool the people all the time, they caught up with you. And just because you endorsing this other corrupt politician,
she's the same as you now. >> No, no. Just just just hold your thought there. you out of a job so I can miss a couple of meet. But anyway, when are you gonna start putting fees back in the
citizens pocket? When you going to stop lining the pockets of the de development with you and your two little cronies? Oh my gosh. All right. Anybody else? Okay. If not, close the public hearing. Look for a motion to approve the up
utility upsizing agreement for Ridgebrook subdivision. >> So move. >> Got a motion by Commissioner Smith. >> Second. >> Second by Commissioner Anderson. All those in favor? I. All oppose. Motion carries unanimously. Next up,
Planning Commission and Pap Community Redevelopment Agency policy and procedures. Good afternoon again, interim city administrator Bradley Williams. Uh at the last uh council uh commission meeting, uh direction was given a staff
to prepare and present uh policy and procedure for appointing members to the planning commission and the community redevelopment agency. Uh our economic development director, Miss Forbes, had prepared a draft policy and procedure and let me pull that up here.
And upon reviewing it, uh, staff are recommending utilizing the draft policy procedure for both the CRA and the planning commission. Uh, I have the policy has been attach or the draft has been attached in the packet. I also have it up on the screen. uh looking for further direction on any adjustments or
changes to the draft policy and then staff will get with the city attorney and um develop either the resolution or ordinance to bring back. Also would like to get direction on whether the commission would like to have this policy directly inserted into the ordinance uh code of ordinance or
whether you'd like it a policy by resolution. So if we look at the document here uh this one is specifically for the CRA uh purpose of policy to establish consistent transparent process for appointing members to community redevelopment agency board in the event
of vacancy. This policy ensures appointments are made in a manner that maintains continuity of governance and supports the goals of the community redevelopment area. Uh it provides the authority establishes eligibility requirements. Applicants must reside within the city
of Apopka. A resume must be submitted as part of the application process and preference will be given to individuals who own or operate business within this community redevelopment agency district. Additional preference listed uh include re real estate development, urban
planning, architecture and engineering, design, construction and project management. Additionally, business ownership or management or commercial development or investment. community leadership, nonprofit leadership or service, and any other qualifications deemed appropriate by the
city commission for the appointment process. Uh, a vacancy on the board may occur due to resignation, expiration, term, removal, death, or any other circumstance that results in an unfilled seat. Upon confirmation of a vacancy, the city clerk or designated staff shall notify the city commission and initiate the
appointment process. That would include a notice of vacancy. Vacancy must be publicly noticed on the city website, social media, public bulletin boards, and any other appropriate communication channel. The notice will identify the board name, function, and meeting schedule, qualification or residency requirements,
and the application deadline. Solicitation of interest. Interested individuals shall submit an application, resume, and all other applicable documentation to the clerk within a time frame established in the public notice. That would uh include the completed
application form, a resume or statement of qualifications, uh conflict of in uh conflict of interest disclosure form, acknowledgement of public records disclosure, and optional letters of recommendation. Staff would review uh eligibility
verification. That would be done in the clerk's office. Incomplete incomplete applications will be returned to the applicant. A departmental screening would review eligible applications to confirm technical or professional uh suitability.
The candidates may be interviewed by the commission subcommittee or the city administrator and staff would complete a ranked list of qualified applicants consisting of primary and alternate C candidates. At that time uh it would be placed on commission agenda
for commission consideration and appointment. Uh for the CRA uh the draft here has a length of appointment of four years or concurrent with appointed commission. There'd be an oath of office, ethics training requirement,
financial disclosure requirement, and the city clerk's office would be the maintenance of records. So, I don't know if we want to start on that one. I've got a a draft that was for the planning commission as well. Very all the steps are the same. just
changed the top to address the planning commission. So, if there's any questions, concerns, uh, adjustments to the steps process, we can I can take notes of those. And >> yeah, just looking for further direction
on how you'd like to proceed. >> Any questions for Bradley? >> The Well, we did discuss the I'm I'm going with the CRA first. is that um I I kind of the terms of import of appointment the length should be I
suggested three years which is the same as the planning and zoning board. >> I did well I know we talked about it yesterday and then the only other thought that came to my mind from our discussion to now is with you all being part of the CRA board as well
>> you do serve a four-year term >> so it might make sense to keep that consistent. Okay, I'll agree with that. I forget that we we sometimes we sit on the board here. Um I do like that you are um including that
they would be required for the 4hour ethics which would mean that the city would be paying for that uh for that uh that conference. Okay. So, now you're saying that this same
application you want to use for planning and zoning. >> I can bring that up after this one if you'd like. Um everything's the same as far as steps to process. I just adjusted the top section with a discussion about the CRA to the discussion about planning commission.
>> Okay. >> But I'll I'll bring that certainly bring that up. We can go through that too after the CR one if you'd like. >> Any other questions on the CRA for direction? Any questions about the planning?
>> I could pull I'll pull that up now. >> Well, we're doing the CRA first. I do apologize. It looks like we loaded the CR one twice. I can run through the notes here though. I changed the uh community development
re uh agency to planning commission. Um the appointments are governed uh under the city charter and municipal code and planning commission also has some state statutes uh elig eligibility requirements on the uh planning commission. I took out the
preferential on the business ownership. >> Right. >> So I did remove that. Let me actually let me just track the change because apologize that should have been added. uh the preferences uh I left in uh the
code currently does provide uh some guidance on uh if available >> they would you know we would like to see certain uh expertise on the planning commission so we can certainly make sure that aligns appropriately in the code if you all are comfortable with that list
that's on on the screen. >> Yeah. So, the the previous one had at least one member with a background as a natural or environmental scientist. I don't know about a scientist, but someone that has some kind of environmental
um background would would help. >> Yeah. Especially they may shells. It it it's it was more of a if you could >> if you could, but if if someone were to submit an application and had that background um because there's wetlands,
there's so someone that has some knowledge of that, >> which I think it's it does make a little more sense to say a preference may be given if you have those as far as trying to fit that puzzle in, >> right? And the only other concern that I had
was their attendance at PNZ board. Um, do you address that >> because they only meet at the PNZ? They only meet 10 to 12 times a year because sometimes, >> um,
>> yeah, the only thing we addressed was the vacancies in the application process. It does reference I believe in the bottom here >> twice maybe twice >> reappointments >> I mean I had some concern from
some members >> so does this >> go ahead sorry >> that I had that had absences that you know just didn't show up and I remember I would ask you know um this person hasn't been there for two or three uh
board meetings and at the time when we had someone that was from the staff, they said, "Well, when the meeting starts, if they're here, they're fine. If not, they didn't always hear from the persons that were
that they were not uh showing up." >> So, we did. >> So, are you saying when you're saying two absences, they have to be back to back or I mean, >> I'd have to look in the code. I didn't specifically look at that part of the code. I I will say in the draft policy
for this uh uh appointment process there was in the term of appointment there's a a note here for consideration of reappointment performance and attendance are reviewed before reappointment consideration. So >> right >> at the reappoint time you could do that and I believe the code does currently allow commission to remove somebody from
the planning commission at will. >> Okay. And you also have listed someone from OCPS. Then they said they've never shown up. So why would we even consider to continue to show them as being part of
the PNZ board if they never show up? >> I I believe it's just uh common practice to provide that opportunity to the Orange count to the school board. Uh so I believe we send them notices of all the meetings, the agendas, and they have
the opportunity to come. They're a non- voting member, but they do have the opportunity to come and participate if they'd like. >> Okay. >> Do the other P and Z planning and zoning boards for other cities have >> Don't know. I assume it's it's probably standard practice, but I don't know
that. You don't know, Bobby, do you? >> I was planning director at Lake County School Board was an ex official member. They never showed up. When I was with the city of Winter Springs, we notify the Semino County School Board. They never showed up. So, it's it's kind of typical. Yeah.
>> Okay. Any other questions for Radley? Not public comment. Albert Beck 360 Golden Gem Road. It's really great to see us set such a high expectation for the members of boards.
It says that the city clerk will verify residency. Wonderful. You see, I remember Attorney Shepard saying to us at one point, it wasn't the city clerk's perview to
verify residency. If somebody puts in an application, we must take it that that residency is correct. So, if we're going to have a policy that we're going to verify residency, let's apply it across the board. Let's apply it to all
commissioners when they apply because that's something that needs to be done and it needs to be stipulated how we're going to verify residency. Is it going to be a lease? Is it going to be a driving license or is it going to end up in other shambles the way it
has been for the last two years? Just been a shambles. So if you're going to have a policy, let's make sure that you understand what the policy is because in the past your policy doesn't make much sense to me if you don't if you don't put it into practice.
>> Anybody else? Sylvester Hall, Rock Springs Rich. I'm just curious uh what brought on this criteria for us to have this procedure for the CRA and the planning board and uh mayor, why did you wait for eight
years to do it? You've been an officer for eight years. Why do you why is it such a a great thing for you to do on your way out when it should have been done on day one when you came in?
So when these things happen, I'm just trying to educate the public of what's going on. You look, you need to look deeper into what is taking place here. If you're not a doctor, when certain procedures come across, you're not going to understand. If you're not electrician, when certain procedures
come across, you're not going to understand. So when these things are taking place, I'm just making a note at this time asking why is this brought up now when the mayor has been in office for eight years and you would think this would have been criteria number one for
the CRA and the planning board and we had the CRA for four years and pretty much never used it properly. Then Miss Morris here, she was over the city of Apaka that let it run for four years
and never was was was ran properly. So when you see these things now on the way out, you want to set up guidelines, but while you was here, those guideline wasn't important. And when you ask me to say make make it
make make it make sense. And that's what I'm trying to get y'all to see. I know if you look at the viewership of the city of Papacus city council meetings, it's not that much. Very few
did do it tip over a thousand views. Now there's some other way to see the people look at it and you know blah blah blah. But you got 65,000 residents here in the city of Apopia and they don't even think this is worthy of of their time to look
at it. That's that's a problem. And as elected official, we need to change that. That's a problem. And so when I see people here having their doggy pony show about, oh, I want to run for office. You are running to be a servant. You're not running to come in,
look at what the government has, and then exploit it. And that's what's that's what's been taking place for years. People come in, look at the government, see where they can take advantage of it, and they leave rich.
That's gonna stop. That's gonna stop. And I'm asking you now, the new elected officials, when you get sworn in, I will be here every day I can to hold you accountable for being a servant to the people. Not
for yourself, not for the special interest, but being a servant for the people. Thank you. >> Anybody else? >> Well, I I'll answer your question. He asked a question the last council meeting. Commissioner Vasquez and myself is the one that asked for these policies.
>> We just asked for it. >> Rod Olsson, 3156 rolling hills lane. Uh just an observation. First of all, this is a nice format, but I think the format ought to be broad. It should be expertise in the area which could apply
to not only to both these positions as well as both of our candidates for mayor have talked about multiple commissions. You have one policy that outlines expertise in the area or interest because you may find at times I'm not going to find the person I'm looking
for. So you want to have someone have interest. All these positions have been stood in the past and said they need to be posted. Then people need to have the opportunity to express their interest and to be considered. That's not always happened and it doesn't happen.
Sometimes positions since sit open months before something's filled while rush at this point. You have to ask yourself that. Thank you. >> Anybody else? Okay, we'll close the public hearing. So we I know we made a couple of adjustments. Um I guess
with those. I guess everybody was in favor of the adjustments. And then I guess the other the other question is do we want it as an ordinance or a resolution is I guess where >> correct. So right now >> right now there is a the the code of ordinance does have the planning
commission. There is nothing in the CRA that speaks of the appointment. So the question would be whether commission would like to have that them both put in appropriate places in the code or whether you'd like them adopted as policies by resolution. So it should be in the
>> I think we should do ordinances for both of them >> should be in the code. >> Okay. >> My ordinance. >> Okay. >> Okay. So >> I guess we >> the directions I'm looking I guess so the couple adjustments we made and then
uh we'll look um for uh staff and Cliff Shepard to bring back an ordinance. Um >> right. Because then it gets to public notice then. Okay. >> Okay. All right. Um I don't know that we need a motion formal motion if we're
just just moving forward because this this is not >> Okay. So, we got direction. >> Okay. Good. Thank you. >> Good. >> All right. >> Um can I take a two-minut break? Sure. Before you go to the next one. Thank you.
>> Thank you. I appreciate it. Commissioner last >> she cleaned the bathroom sink. >> No, she's >> Oh, she said she was going to clean the bathroom sink. Oh, there she >> That's V. >> Oh, so use it for everything.
My night table is full of things. >> All right, Bradley. Honorary naming of public city facilities. At the last council meeting, uh staff was directed to bring forward a draft uh policy and procedure for honorary naming
of city public facilities. Uh the purpose of the guidelines is to establish a systematic and system approach for the honorary naming of public facilities in the city of Popka including an enterprise fund facility, public facility, park, object, location and/or program. The honorary naming of
public facilities in the city of Popka shall mean the naming of city property to honor the service commitment and andor other type of participation by an individual or civic or charitable charitable group who has had a lasting positive impact on the city. Honory naming of a facility may be for
the entire facility or for spec uh specific sections within the overall facility. Specialized areas or amenities may be separately named and have a name different from that of the larger facility. Uh the policy shall not apply to sponsorship of public facilities which
we have a separate policy for that and that's where a commercial or marketing benefit is associated. Uh looking at the city, the following public facilities have been named in honor of past popular leaders prior to their passing. We have the Billy Dean Community Garden, uh the Billy Dean Community Center in Las Park, and
Commissioner Velasquez had also reminded me that the Fran Carlton Center has also been named as well. Uh similar to the last item, I have the draft policy which has been provided uh in the packet up on the screen. This was
modeled off of the sponsorship uh naming rights policy just adjusted to reflect honorary naming. So the purpose uh I had just went through objectives would be to ensure that given names to these facilities are consistent
with the values and character of the city encourage public input opportunities for the honorary naming of these facilities and the city will not relinquish to the honore any aspect of the city's right to manage and control the city asset or facility. So I've got a list of criteria here.
Honores may be a corporate entity and or entity or individual deemed worthy of recognition. Again, the sponsorship program does not apply and the city may revoke, suspend or modify any honorary naming as necessary to comply with laws to ensure the safety
and convenience of the public and to effectuate the city's goals and objectives. The draft procedures for this policy uh include the steps for nomination of an individual or civic or charitable group who has had a lasting positive impact on the city are as follows. Uh the mayor, a
city commissioner, a citizen, a group of citizens or an entity organization may submit an honorary naming rights nomination. Uh nominations shall be submitted in writing to the city clerk for uh for each nomination. Nominations will be administratively reviewed by the mayor and city administrator and/or designate if found
to be in compliance with the applicable city policies. The nomination will will be scheduled for a city commission meeting to provide opportunity for public notice. A notice of intent to consider honorary naming of city property shall be advertised published in a newspaper of general circulation at
a minimum seven days prior to the meeting at which the honorary naming will be considered by city commission. Vetted nominations with any notes from the administrative review will be presented as a resolution at a regularly scheduled city commission meeting to allow for public comment and consideration. The city commission may
approve or deny the nominations by majority vote at a commission meeting. >> What was the last one? Because I remember I said it that >> it should be in a unanimous vote, not a 3241 unanimous vote.
when it comes to that. >> Yeah. So, we're this is the a template draft uh prepared for this again structure- wise similar to what the sponsorship of the Amy writes policy. So, open to questions, comments, adjustments, concerns, similar to the
last item, get the adjustments or wishes of commission on this and we can bring back uh a um res a policy by resolution similar to the sponsorship name and rights policy. Any questions?
>> Well, you know, when we spoke at and then you said it was the city administrator and the mayor um and and it's and or designate, but it should be a third party should be three.
>> Yep. >> From whether it's from the staff or the city clerk. Um it should be that So that's that's step one. >> Sorry, that's uh >> that's step three. So I just need direction on how you'd
like to change that. If everybody's in agreement with that change, >> just take out the ore. >> We got commission. I'm sorry. >> Number three. >> Number three. >> Okay. >> Will it be the mayor, city commissioner, and his designate >> procedures? Yeah, that would be page two.
>> Nominations will be administratively reviewed by the mayor, city administrator, and the designate. >> Who >> who's going to be the design of this? >> The mayor's going to or the council,
city administrator. I think >> it'll come before the council. was going to come before the council anyway. >> Yeah. >> So when they have and or design, who is that design? >> That's what it is. >> You're either included or not included.
>> Included. Yes. We need to actually identify who that's going to be. So if you wish that to be summary from the staff, uh a director, uh >> the city clerk, >> the city attorney >> and and what what's wrong with his or
her designate? >> Because who's going to be who who's going to choose the person? >> It would be the mayor. >> Mayor. So that's just like almost partners. I think maybe it should be a member of the public. I think >> it depends for the county. >> Who who pick that? >> You're right.
>> Yeah. >> Well, why don't we create like a naming committee that is exclusively the public that can administratively review it and then provide it back and feedback back from there. >> Or we could say the chair of the
of the committee. >> The chair. We'll have a the committee that he's referencing. >> We have a committee. >> What committee? >> Well, we that's what he was saying. We should have a committee. And then the committee >> Well, do we have to rewrite this whole policy then? >> Yeah.
>> Which is fine. I mean, that's that's what we're here for >> because then we get the public >> there can be like a nominating committee effectively that everybody can submit whoever wants to be part of that committee similar to what we just did for the TRA and planning commission. uh
they can then submit to become part of that board and then from there once they have their nominations and have reviewed them they can then come to city council once they have reviewed it and have the recommendations from there.
So, I mean, we have an advisory committee for the grant program, right? >> Yeah. >> And >> excuse me. Yes. It's a selection uh nonprofit grant selection committee. >> Yeah. But um because I actually wrote advisory committee, I put a question mark
>> and I thought maybe that would be it would include it would help to have uh some resident feedback. >> Yeah. because you would get you would get um someone from the apopka historical museum
>> um that can be part of >> the advisory committee. >> I kind of agree with that as well. advisory committee >> that would allow for public input and then um as commissioner Anderson said
then the chairman would be the one to present the consensus of that advisory committee u but it would just be what would be uh the total number of an advisory committee >> who's got set who's got a
>> the board >> the board like we the same thing we did for the last time, right? >> Well, why don't we do it like CRA and planning commission to where people can submit who wants to be on that >> right >> advisory board? So there's no view of impropriy at all. >> Would it be five? Would it be four? >> Well, it needs to be an odd number. So
three, five, seven. >> Yeah, five would be five. >> Okay. Good with that. >> So you're saying an advisory committee consisting of five of five.
We're good with five. >> Yeah. >> So, one appointed by each of the commission commission, right? >> Okay. >> No, I don't think we should appoint them. I think it should be whoever wants to apply. Keep it open to all the public, whoever wants to apply for it. >> Well, then we still have to be a review process. >> Then they have state guidelines on the
review process where I just don't want to complicate it too. >> Just have each each member should pick that'll be more simpler. Yeah. >> Because you still get public input. >> Yeah. >> So, just take out three and I guess put
committee comprised of >> advisory committ >> advisory committee that's uh each member of the commission would appoint one person to that committee >> because we did that with the grand did apply and it was good
>> right >> okay >> good with that Bradley >> I put a note up there if that >> Yep. meets the >> okay >> will of the y >> commission on that item. >> All right. Everything else okay with that? >> Yeah. And then number four, the city
commission may approve or deny the nomination by majority of the vote. I'm when you're naming a park, naming a street, renaming a street, it should be unanimous vote because we're
changing the landscaping of of the city. It should be a unanimous vote. Do you agree or or disagree? >> I I disagree with that. >> Yeah. Why? >> I just think if you have a majority of
the commission that agrees u otherwise then we need to change everything and make it all everything. Make everything >> the only Yeah. The only issue with that Yeah. will be is that if whoever the person wants and they don't they'll just keep No, no, no. Then we can never name it. So we have Okay. >> That would be the issue.
>> Okay. >> All right. So >> you convinced me. >> Okay, that's right. That's the only change. So you'll come back >> readily with a policy then. >> So bring back a resolution >> for a policy. >> Okay. Thank you.
>> All right. Um next up, forensic audit presentation. >> Oh, sure. Come on down. Rod Olsen, uh, as you know, I submitted to all of you a policy recommendation, which I think is far better than what is
you're looking at right now. In all fairness, I put ideas down, threw it at chat GBT. They kicked back something that came back. But what struck me is almost everywhere you look in looking at Michigan, Michigan, excuse me, I'm
planning my trip to Michigan to see my youngest grandson's first birthday. State statute 267.062 062 indicates that you you cannot name a park, a street, a building after someone
while they're still living. I dug further. I thought, well, that's interesting. It's a state statute. It refers only to stateowned operated properties. This is not a state-owned property, owner property. But it hits some things in doing it. When I did some further research, I couldn't find one
community, although there indicates in the search there are some communities that have something while people are still living. And part of the emphasis is looking at saying what you want to do for the version is to protect against politically motivated or rushed naming,
ensures fairness and transparency, balances honoring history with practical needs, and gives the city council final authority but with resident input. It's important to note that and this reference to this rush to rush to
judgment with regard to and unfortunately he's not here anymore Bill Aerosmith in the process. The fact of the matter is he did dedicate 39 I think it's 39 years of his life to this city and it's so important to him that he moved out of this community. We need to
be looking at all those criteria. big difference. But almost every city, every county, every state ordinance, someone is deceased. You have to have some definition. Thank you. >> Um, it does. It says individuals must
typically be deceased for a minim minimum of two years. >> Where it says that? >> Where did I get that from? >> Go back. Did you have that? I don't know why. >> That's an instruction that we have today. Huh?
>> From the from your office, right? >> Was that Mr. Olsson's email? >> Yeah, that's Mr. Olsson's email. >> Oh, this was Mr. Olsson. >> Oh, you see, Rod, I I printed out yours thinking that was because it said sitting. Okay. >> All right. This was uh Okay.
>> This was Rod Olson who said that. Okay. I'm sorry. Go ahead. >> As I Leroy Bell, first I thank you uh Rley. I I really like this outdate that you brought and that bring me to Officer Clark and Officer White. You see, I I
want to give a shout out to Apopa Police Department. These guys came up. I had a fender bender and they came up and they were really professional. They did a great job. But back to this Um, and and I'm speaking to everybody on
the dasis, but it it's kind of funny that you're going to put this out for people to consume it, for people to be able to make a decision and you want to reach as
many residents as you can. So this 7 day this 7 day waiting period. Yeah. So, so I'm not the sharpest knife in the draw, but I'm not a butter knife. And to Rod Olsen point, yes, this lines
right up with the next meeting if you pass this and this way you get a chance to vote on what you've been trying to push through, Aerosmith. But here's my thing. Let's put let's put it out there for 30
days in the process. In the 30 days, resident, if you're not going to put it out in 30 days, if you don't want to put it in the newspaper, won't cost us no money to put a small paragraph in the bill when you send out the water bill.
But let's get rid of this. Let's get rid of this seven days. Seven days is just a means to an end for this nominee. Let's bake it into it for 30 days that every resident get a chance that we can
reach out that they can be a part of this process. And secondly, uh uh I don't see I don't agree with everything people say. Even Rod, you said people uh need to be dead.
I know a lady that's kicking well and alive, Miss Gilmore. Uh, well, well and alive. And we got a road named after her over on the other side. We got other people that passed away, but
they passed away in the city that the name was named for. I agree with Rob. If we going to nominate somebody, let them be a resident, not used to be. Used to 30 miles up the road. If we going to
name a park, a building or city, I know you I I know it's hard for you to stay away. >> Yeah. Working up under love. So, what I'm saying is this. Let's do 30 days and let's make sure the nominees live in a
pocket. Albert McKime 360 Golden Gem Road. Uh I was fortunate that Rod Olson sent me a copy of the email that he sent to all commissioners and I read it I think it was Saturday or Sunday and it was really really professionally done. It was one
of the best pieces of potential policy documents that I've seen. And yes, I believe that we should make sure that someone that we're going to be honoring should be deceased for at least two years. I mean, let's look at what currently happens. I can look at members
of the royal family in the UK who suddenly have been stripped of their title and are now potentially facing prosecution. That can happen within a very short space of time.
So, let's not rush into giving somebody an honor and then finding out six months after they're dead that they've done things that were surreptitious. Let's look very closely at what Rod
Olsson provided you with because it appears today that nobody really had much of a look at it. I don't know if I'm right or not, but I think there was a lot of really good points in there. And he's quoting statute. It may not pertain to to us, but if it's good
enough for the majority of places in America, then it's good enough for me. >> Anybody else? >> This is real Sylvester Hall. just a real quick. I don't want to beat a dead horse, but um I agree. It should be a
unanimous decision because if we're going to dedicate this person, that person should be worthy and it should be a unanimous decision. Period. The also I agree that the individual
should live in the city of Apopka. If we going to give you that recogni recognition, why are we going to you're going to be living somewhere else. It don't make any sense. And thirdly, you guys really need to
look closely because the last thing you want to do, and I just piggy back off that, if you get some award and they come back and they shame you, because we don't have to look too far to our elected official who's come back and they shame the city.
So when you do this, be mindful of that. And if we come back next city council meeting and we rush to judge this through, then we'll know all what the purpose was for this whole thing. And that would be a shame on you, mayor,
going out. Thank you. >> Anybody else? >> All right. So, uh, on policy, so what what's the pleasure? some other ideas that have been brought back, but >> yeah, I mean, it seems like that the 30
days was something that residents pretty consistently felt was appropriate. So, I think that would be appropriate to get resident feedback um when that comes up. And then I guess so the the plan here is to kind of bring back a
actual policy that we would approve either next meeting or the meeting after that and then from there it would be implemented and and things of that nature. Correct. >> Yes. I also attached with the uh item the very simple nomination form to try
and standardize that nomination process as well that can be developed not only in print but also online as an online form. >> Okay. So um but yeah, if it's direction the wish of the commission, we would bring back the updated policy as a
resolution for final adoption. >> Okay, >> thank you. >> Uh I I don't agree with 30 days. I think 30 days is too long. Uh I think 14 days would be better than seven. Uh I just feel that 30 days is too long. Uh but I
think 14 day will be >> sufficient. >> Sufficient. What's the pleasure? 14:30 which >> Yeah, I mean the the residents are saying 30. So I would like to listen to them on that in that capacity
especially since it directly impacts them. So >> which side >> is it a cost difference? Does it >> I don't think it would >> I don't we don't What? Make a motion. I don't really
>> We're not making We're not making policions or anything. >> Well, you have to create the policy. >> I just need cons I need consensus on what day to put number of days. Put >> Oh, to bring it back. >> Yeah. That way I can put the right number there. And
>> no, 14 or 30. >> 14 or 30. >> No, not to bring it back. No, no, >> it's to once they once it's gone to a our the committee that's going to be created, once they give recommendations, then it'll be noticed >> for either 7, 14, 30, whatever day amount that we dictate is what we're
discussing right now. >> Okay. >> 30 calendar days or just 30 days? >> 30. Yeah, 30. It'd be 30 days prior to that. It's either seven days prior to the council meeting or commission meeting 14 or 30. So similar like we have to have a proper
notice for an ordinance. It it fall into line with that. >> What's the >> And what's proper notice for ordinance? >> Seven. >> What's the notice for the ordinance? >> 15 days. >> 15 days. >> Okay. Just follow those guidelines. 15 days. >> Yeah. >> 15 days. 15 days.
>> 15 days. All right. >> Just follow what we already do for 15 days. >> All right. 15 days. >> 15 days. >> Yep. >> Okay. All right. Next up, uh, >> oh, and the the committee, the advisory committee. Yeah. Should the next meeting, should we all have someone emailed like we did last time? >> I can reach out and if you'd like to
email a member, I can bring that as well when this resolution comes. Okay. >> If that's what you'd like to do. >> Y. Thank you, Bradley. >> Okay. This is also a note. Good afternoon, mayor, commissioners. Item before you
is consideration and authorization to release an RFP for a forensic audit to address commissioner's concerns. On August 21st, 2024, the city commission rejected the award of a contract to Cherry Beckard to perform a forensic
audit to address concerns presented by the city commissioners. At the March 18, 2026 meeting, city commission meeting, the mayor requested staff to provide options for the city to procure a firm to perform a forensic audit for the commissioner's reconsideration.
In brief, I want to give you an overview of the difference between the various audits. A financial audit typically focus on the financial records and financial statements. That's what we go undergo every year with our external auditors. The goal of that audit is to
determine whether the financial statements are fairly stated and in compliance with accounting standards and regulations. Another type of audit is a compliance audit. And that audit focused on whether an organization
operates operations, financial activities, and policies align with the required rules and standards. In regards to a forensic audit, the focus is on detecting and documenting financial wrongdoing
such as fraud, embezzlement, and misuse of assets. Forensic audits aim to trace specific transactions, calculate losses, and identify the irregularities. Information provided to you in your package provided you with the details
pertaining to the previous scope that went out for the RFP that was rejected. All the information is there. And in addition to that, during that time up to when that RSP was released, staff
provided you with various information pertaining to the revenues and expenses for Camp Weiwa, City of Apaka reserve balances, opioid crisis payments. You get the monthly dispersement reports, the mayor's expense reimbursements,
various land transactions, farm workers association payments, various grant transactions, interest income earnings between one Florida and so an analysis on the attorney fees. As mentioned before, the forensic audit
focus is on detecting and documenting financial wrongdoing such as fraud, embezzlement, and misuse of assets. The previous um RFP that was rejected to for Cherry Beckard was in the amount of 1,360,620
including transactions from 2018 to that time 2024. In order to minimize the cost of a forensic audit, staff is requesting that the commission consider narrowing the scope for a reasonable period of time to
specifically identify the areas of concern where they believe fraud, embezzlement, or misuse of assets has occurred. I sent emails out to each of you for all of that information. Probably about a
hundred emails, >> right? I couldn't I was only able to open them up late yesterday because it it had to come and give me a new program. But um I do have all the because I was on that committee
>> and I pretty much saved everything from that last audit and um you know I I'm I know that I had gotten a lot of criticism because we did not go forth with it but at that time
what was included in that audit and there was no scope. I mean, um, there was no scope as to what we were looking for. Um, >> it has to have a scope. It was a scope, >> right? But he, the mayor had included,
um, a request for general election of 2022, a special election, uh, list of candidates, um, the general election. I mean, it it it included a whole bunch of campaign
funds and elections and financial reports and um at the time uh there was a focus on and I even kept a newspaper article that was dated April 26 of 2024.
verify the extra income uh earning extra earning that Nester secured and continued to generate. NE ref Nelson referenced the promises made, promises kept. It was just very political at that time and and the
campaign contributions and verifying had nothing to do with the city finances. And um and of course when we received all the bids, it included what was being asked. >> Correct.
>> And so um that was a major reason for me not to support the audit at that time. I just felt that it it was much more political than it was what was intended.
>> Okay. So, and at this time, I mean, we have outgoing commi from the commission. Why would we want to start this process and leave it to the next
uh mayor and new commissioners? I would prefer that this be delayed and well delayed or let that come from the new commission rather than the one that's leaving because this is
going to cost the taxpayers over a million dollars. We already have that. It was going to cost us 1 million. What was the the >> 1,360,000 in? >> So, it's unfair that the outgoing is
going to burden the incoming commission um with this responsibility. >> I'm not going to burden you with anything. It will be for the next commission to do it. >> And no, but let the next commission set up the RFP to do that.
So, so let me just So, I'mma kind of because this actually was one of the first things that I probably vote voted on when I actually got in office and it was I think all of this was politically motivated in general. Um because when I was asking about the forensic audit and really getting an understanding, I sat
down with you and say what is the difference between the forensic audit, the compliance audit, the financial audit and from my understanding a forensic audit is used to usually when someone has identified some type of wrongdoing, right? and they want to look into it. And when was asked about was
there any type of discrepancies? No one could articulate it. It was just oh you know you know hey go to the doctor and you know there's something wrong with your body but you don't know what's wrong with your body. It was like that type of and it's like we can't waste taxpayers dollars just on a feel and a thought and there's nothing has been
identified. So, if someone can articulate and identify in the camp wewa transaction, it appears that we're that we're missing $500,000, that makes sense. But can anyone who has requested this forensic audit can articulate
where what's missing or what appear to be missing? So, I still stand like I just I still don't understand why we're doing a friends got it. >> Understand? Mr. Commissioner Nesa. >> Yeah, I just want to be clear on this. The and we've discussed this yesterday.
The staff report itself, it says commissioner's concerns. Um, I didn't ask this to be brought back up. None of the commissioners asked this to be brought back up. Mayor, you brought this back up and uh had staff work on this. Uh, no one else requested it. So,
this is just a another distraction from what's really going on in our community right now. So if if you're making a motion to to do this to the next council, um it's concerning. >> So I I guess the question is who were and I'm just asking because I because
this forensic audit thing was going on before me. So is there any commissioner that's currently sitting on this dis that asked for this forensic audit >> uh to bring it back? It was the mayor made that request. >> Who initially asked for this? >> Who initially asked for it? Yes. The original one. I think it came from you.
So commission that's you no longer want an audit anymore. >> Oh, there'll be an audit. >> Okay. >> Not in this capacity. >> So if so that's to me that's politically motivated because it shouldn't matter. If you feel strong there should be an audit. >> Are you making a motion? I don't understand what we're doing. >> I'm not making a motion. I'm making a
statement. Please don't interrupt me. >> So if you feel that it's in the public best interest for transparency, you can't control when the transparency happens. If you really feel there's some wrongdoing, it shouldn't matter if you vote for it today or vote for it tomorrow. If you truly feel unless it's
truly politically motivated. If I'm running a campaign, say I want a further audit and I'm able to get that right now. Why would I wait until it's that's politically motivated? >> Okay. >> It it continues >> because if I want a forensic audit, I
don't care who's coming in, who's going out, I'm going to ask for it and I'm going stand on it. >> And to and to Commissioner Velasquez's, you know, point, if you want to take out those items, then take those items out. But that's that's that's of the 1.3 million. It was $60,000. It wasn't
>> No, they never showed me anything. It was u did they at the committee did they show I remember I asked even at the sitting committee I kept saying >> no you can't change it. You couldn't change it then. But what he's saying be
in a new scope when we develop a new scope if we would choose to release another RFP you have an opportunity to develop a new scope. And what he's saying if you take that old scope and remove those items you can do that now. That's what he's saying.
>> I mean if that's the reason you didn't want to vote for it then you take those out and you could you could do an RFP based on that. No, I just feel I'm I'm not for a forensic audit or an audit. Not for the commission,
not for the commissioner, for the mayor and the commissioners that are on their way out. I'm not going to burden the incoming with an audit >> at all. >> So, it was something that brought was brought forward several years ago and
now it's not needed. So, what's changed? Commissioner Nesa, can you give me a I'm trying to scratch my head. >> I'm not This is just games. >> This is This is all political motivating. My My thing is if if you want a forensic audit, it shouldn't matter when the forensic audit comes.
>> And if you vote against a forensic audit today, that mean your attention was not pure and it was completely >> campaign motivated. If I wanted an audit and I'm able to get my audit right now, I'm going to say please give it to me. But if you don't, then that mean that you're it's politically motivated and
you're it's very dishonest to the public. >> Very dishonest. >> All right. Any other questions for Blanch? No. >> No. >> Just McKim 360 Golden Gem Road. In just two weeks time, the public will tell you
exactly what they want. They will vote based on what their belief is. If we want to honor the public and the people who come here, we're going to wait and see what that vote is and how it goes. What we're asking today is not
to to have whether or not to have a forensic audit. It's whether we want to to define the scope of the forensic audit with the existing commissioners sitting on the bench in the existing mayor or whether we want to put that into the hands of those people that
we've now duly elected and will elect. So let's just wait and allow the new administration to decide what the scope of this forensic audit should be because we saw exactly what happened the last
time. the games that were played and how the RFPs were biased to cost way too much money that that we decided not to go forward with them. >> Leroy Bar.
Wow, man. You can't make this stuff up. We should send we should package this up and send it to Tyler Perry so we can make a movie out of this crap. This make no sense whatsoever.
We have an incoming commissioner. Oh, I don't want to spend no money on no forensic art. Commissioner uh uh uh Velasquez. No, you putting all this stuff in there. It don't need to be back then. All you had to do is take that out and we could have the forensic card.
So, but but then at the same time here the question would have well we don't seem to want one. Yes, we got somebody talking about politically motivated. Yes, it is right there in the middle seat. The reason he brought it
politically motivated. It's not going to help his corrupt politician that's coming in to be trying and what a forensic artist is for. What you need it for? You might not need it. But I like to know where every one of my pennies went.
When when the incoming administration came in, they came in with a lie. Lying on the last administration talking about the city was broke. That was a lie. What where some more lies at?
Instead of people trying to be transparent, what transparent mean is open it up so public can see it instead of you guys standing behind this man right here. He's going to jail probably. He's probably going to jail along with
his CFO probably going to jail. And this is what he's doing. his last disc effort to keep the people from seeing where he to where he took money move money around and especially with the ministers when he came in and said, "Yeah, let me see
the dollars. I like the way Brian Nelson moved that money around." And guess what? If they like the way you move that money around, every citizen in Apopka got a right to see how you move it around. We need a forensic audit. And I agree with you.
This this this this board right here is not going to hold this man accountable. Wait until the next one and maybe we'll get the right mayor and right two commissioners that won't be holding the
this the just backing whatever he want. We'll have some people that can think for themselves instead of be acting like puppet with somebody finger up their behind. Sylvester Hall. Let me take a deep
breath. What people fail to overlook is uh gamemanship and really hustle. Now, I I love the way the situation was just flipped when the question was
brought up. Who brought this particular forensic audit to the table? That was the question. And none of the commissioners did. It was the mayor.
Then it was flipped real quick back to Commissioner Nester. You you got to know a con and when when things have been you you got to know that unfortunately everybody don't know that. So the question would be on the marway
out when he had a chance for eight years. Well I take that back when he came in eight years ago he ran on exactly what Mr. Bell said and we had a forensic audit and they didn't find
anything. So now you look at it. We had a chance to do it and the mayor just said no. >> The mayor just said no. >> No, I voted for it. Just so you know. >> Okay. You voted for the the second time
you voted against it. We can go back and roll the tape. This is this is the gamership that I'm telling you. >> I voted for it. Just so you know. No, you didn't. >> Yes, I did vote for it. >> Listen listen to me. This is how the gamermanship is being played. The only reason we didn't go forward to the with
the other forensic audit, the mayor voted no. >> Period. But let me let me say this for my time is up. People people, I am tired of the people getting ripped off and being Mr. Mr. Rod Olsson came up and he he made
some very interesting uh points about the audit miss about the uh budget. We have a budget then two weeks later we come up here. We we we need more money. So he's he already don't set the stage. And I talked to him. I said, "Rod, do you think people even listen to you?" I
said, "No, they're not. The mayor don't even take it in consideration. All those concerns he brought up about the budget. You never once said, "Hey, look, we need to sit down and look at this." And so people simply, we need a forensic audit, not for a witch hunt, but to set the stage
how we move forward efficiently for the city of Apaka. How we move forward. And then if we talking about the property uh property taxes being removed, we going to have to know where all our money was going so we can refocus and prioritize what need to
be done moving forward. And please don't let this dog and pony show corrupt all that. All the mayor wants to do is get in front of the audit so he can position himself to do what's best in his best interest. That's the only reason he
brought it up. The only reason. None of none of y'all brought it up. The mayor brought it back. So, think about that. My name's Dr. Jim Moyer. I just want to share my thoughts since I'm a lifelong
virtually my whole life work history is as a governmental political organization and nonprofit auditor and accountant. Uh, Miss Blanch made some good points
and you have to go out to a firm, but you have to be very particular about the type of audit you want, the scope of that audit, and what I deem the most important is the credentials of the auditor.
I've heard a couple terms thrown out and depending on the terms that were mentioned it it determines what best credentials of the auditor. I personally during my lifetime have for decades a
certified public accountant also a certified internal auditor which by the way the inter international headquarters for decades was in Alamont Springs now it's in Lake Mary and also a certified
in information system order and when the certified fraud examiner came out credential they offered it to me for free, but I would have had to pay membership into it. So, I declined.
But be very careful and if you proceed with this, I would like to share my thoughts at that time. Thank you very much. God bless. >> Anybody else? Rod Olson, 3156 Rolling Hills Lane. Uh
where this whole process goes and where it's going to wind up uh I think really belongs going forward in looking at it. The fact of the matter is and I've been very critical for the last six years of the budgeting process and it's either just a poor a wing and a prayer I guess
I referred to it as the budgeting process. the fact that we're moving money every time. The fact that we had I can't remember how many hundred thousands of dollars set aside for homeless funds. Where did that go? There's a lot of areas that we need to pursue and look at and trace it. And it
may be a matter of are there interested people in the community that be willing to step forward that have a financial background. Let's take a look at the last eight years. Let's identify areas. So now when we do a forensic audit, we've got A, B, C, D, and E instead of A
to Z. And the fact that the fact that we put put out the campaign, you want to talk about political the campaign, what does that have to do with city operations? Unless funds came from the city to a campaign, there's no business for that to be in there. And that's probably a third of the audit cost.
Thank you. Wow. Anybody else? Well, let let's dispel a couple rumors. First is when it was brought up a couple years ago, I did vote to to do the audit. And second, the we we did some numbers. I know the things I added to the Yeah, they were political. No doubt
about it. They were political, but the things I added were of the 1.3 million were we ran the numbers, they were $60,000. And I said, "Well, let's let's take those out of there." I'm, you know, and I think that's that's fair. If you want to say they're political, then fine, take those out. that the the rest
of these things that were that were brought forward um city the revenues expenses camp weewa city of a popular reserve balances the opioid crisis payments the monthly distribution report mayor's expense reimbursements that's not political the
various land transactions farm workers associated payments various grant transactions interest income that's not political and attorney fees >> so of those two or three of them were obviously put in place by Commissioner Neesa. So,
you want to take those? Let's take all those. I'm fine with that. If you want to take take out the ones where, you know, we we asked about people that whether they they paid their fines on late um campaign reports, that's fine if you don't want that in there. But this just, you know, we've had, you know, two
of your your big supporters, two people that endorsed you that that want the forensic audit, and now you're now you're waffling on whether you want the audit or not. folk just have a hard time understanding where what's changed in the last two years.
>> So, let's talk about the time frame. So, when the when it the um RFP goes out, the mer gone, correct? >> Yeah. >> Yeah. >> So, he's not going to be here for it. >> So, he can't he can't influence it. So, >> you know,
>> what is it waiting on? If I wanted to audit, I want it now. If it waits, it's political. >> Just come on. You're right. It's closed. >> Okay. Um, we still have to develop the scope based on a consensus from this
DAS, you know, and that'll take some time and then it has it goes out for like 30 days after that. >> We've got a scope. I mean, if you want to narrow it down so you don't spend a million three, then go every go odd years, even years, go four years. Pick
pick your number. But if you Hey, listen. I'm I'm I'm comfortable doing all eight years, but realize that's going to be probably a million that's me and eight. Forget about my stuff about, you know, ne the the uh the commissioners and their their um
campaign reports. That's water under the dam. But, you know, pick pick something that that you want to do, but what's going to happen is we're we're not going to do this and then it'll just it'll go it'll just die in the night that we we
didn't want to, you know, as as as your your supporters have just said, they want to do a forensic audit and now you now you're waffling on >> I'm not waffling. I very specifically said I want an audit. I just don't want you to do it. >> That's called it. >> Additionally, >> that's control. We're going to uh do it
in a way that makes sense. We're going to take it by steps and stages. So, uh this audit and the the groundwork that's been laid by two of the members on this board, it it's been tainted already. We need to start fresh. This is a mess. What has it's already was a mess, which
is why it got denied, and it's a mess now. So, we'll start fresh with the new commission. Uh not charge the residents an insane absorbent amount to do this, and then uh we'll get it done properly. So, that's what I'm saying. What do you want from me right now? >> I want something. What do you want? >> Well, no. You were saying you you're
willing two years ago to spend 1.3 million on the audit. Now you're saying no, let's don't spend 1.3 million. Which is it? >> Listen, you're order. I mean, which is it? >> I've already told you my answer is my answer. So, you brought this on the agenda. What do you want to do with it?
>> I want to bring it forward. Want to vote on a a forensic audit. So, vote on it. Let's go. I just want to say this is very sad. This is once again polit politically motivated. It's just what it is. And if anyone
can't see that, then I'm sorry. This is ridiculous. Ridiculous. >> So, look for a motion to deny it, approve it, move scope or not. >> Make a motion to deny this order. >> Well, we don't have to make a motion at
all. There's no motion. We die on the table. >> Second. >> A motion by Commissioner Velasquez. >> Second. >> Second by Commissioner Anderson. All those in favor? >> All opposed? >> Thank you. >> 32. >> Yep.
>> Okay. Next up. >> Did you do what you wanted to do there? That work >> ordinance number 3132. >> No. Okay, >> it's ridiculous. >> Ordinance number 3132.
>> There seems to be confusion, so I just want to clear what happened. There was a motion to deny this moving forward. That got approved, so it's not going to be moving forward. Currently, uh the current mayor and myself voted no against the denial because it makes it
look like he wants to have it. >> No. No. >> Because not because he wants it. um because it's just not >> it was not brought before. The commissioners didn't bring this before. The only uh member on this days that
brought this forward was >> well everybody you know have everybody has to bring something forward. You can't it just didn't come out out of the air magically. So no I brought it forward because I wanted to see what what the uh the temperature of this the council. So now we know. Okay.
>> Ordinance number 3132. Ordinance number 3132, an ordinance of the city of Apakka, Florida, amending the future land use settlement of the Apakka comprehensive plan of the city of Apakka, changing the future land use designation from mixed use to commercial
to industrial for property located at 606 South Hawthorne Avenue, owned by Reason for the Season LLC, comprising of 7.6 acres more or less, providing for severability, complex, and an effective
date. Good afternoon. This is Jen Zone, planner at the community development department. The applicant has requested a smallcale future land use amendment for the property located at 606 South Horn Avenue. The size of the property is
about 7.7 acre. The current use of the property is industrial warehouse. The current future land use of the property is mixed use and commercial and requested future land use is industrial to be consistent with the property located at south owned by the same
owner. The change of future land use will allow the current use to be permitted and consistent with the surrounding properties. The development com review committee has a recommended approval and the planning commission has anonymously recommended
approval of amending the future land use from mixed use and commercial to industrial for the property at 606 South House Avenue. The recommended motion is accept the first reading of ordinance number 3132 and hold it over for the second reading and adoption. Staff and
applicant are available to answer any questions. >> Any questions for June? Anybody from the public wish to speak on this one? Okay. >> I add one. You say the propert is consistent with the surrounding area,
but aren't those homes that's at the north end of that property. Those are residential in um Orange counties, but the citywise um the surroundings. So the properties on the east side is mixed use downtown
area and property on the west are all the industrial. So that will be consistent with the um in surrounding industrial um land use areas. So because it's Orange County property, we don't consider them as
>> we we concerned them. Um but the applicant is already using that as a warehouse. He's already Is that correct? Am I correct? Is that's what I was told. The >> property is vacant. >> It's vacant. It >> It is currently used as a industrial
warehouse. The There's only the small section that's at the back end of the property where there's a warehouse. >> The majority of the property is vacant. >> It is. >> Okay. >> Y
>> the orange is commercial. The where you're concerned with the the homes is already commercial. That's the back end of the house. the So, he's actually just changing the front end of the property
and all if you look at the color I don't know if you have Well, that's all black and white there. Where's the colored one? The with the showing all industrial with the purple. >> Yes, purples are all industrial.
>> Yeah. >> All right. But if you look at the top end along Fifth Street, all of that is residential. >> All that's that's behind the property is also residential. >> So >> So the only thing is industrial is
what's to the south end of the property. >> So this consistency and comparability is within our comprehensive plan and land use. So, so we don't take in consideration even though they're not city residents that there's residential dwellings
there. >> As Dr. Sun was saying, we are looking at the consistency with the surrounding area. Everything that we've been told is that they're going to use it for industrial purposes. Uh this is a comprehensive plan amendment. It's a legislative matter. Uh the bar isn't like a quasi judicial public hearing.
So, if the council does not feel that it meets consistency, it's the discretion of the council. the staff's assertion is that it does. >> I think it doesn't. It actually deter the property values of those home if we actually allow this to go through in that area. So, I'm completely against it. Which one?
>> So, so, so were these property owners notified that this zone is going to be changed? >> Yes, everybody's been notified within a 300 foot radius. Believe they had a community meeting. Uh, the applicant is here as well. And I and I think from understanding when I speak with the residents, they really in in this
particular area, a lot of times it's a lack of understanding what it would do to their property value >> and understanding that there's literally homes on the right on Fifth Street and you have the homes there. It's not consistent with the area. So I think I just I'm definitely am against that
change of use. >> And if that's the will of the council, the applicants here believe the property owner and he can kind of clue you in on what his plans are for the property. Any other questions for staff >> before we >> Isn't this currently being used industrial?
>> It is um Yeah. So it's not changing what is already there >> the actively now >> the future use is mixed use commercial and they want to go to just industrial correct >> so >> and 90% of the property >> property is is vacant
>> back in 2007 per ordinance number 195 it was uh changed it's changed um upper part of the property uh from its land use from mixed use to commercial which
was back in our our previous code um says um is C3 whole whole sales um I'm sorry it is wholesale commercial and with the current future land use with
the current code is changed to light industrial uh because of this changes in code it it does not consistent anymore but grandfather use is still existing >> and um in order for them. So they provide us the conceptual plan for their
purposeful use of this prop property. They want to expand their um indust industrial use of the property. And to do that um they have to change their future land use and zoning for to expand their um industrial use property on the
south to the north. And I'll let the um I'll defer to the applicants to explain their proposal. Well, good afternoon. Uh, Rolanda Martinez, uh, 2221 Nila Avenue. Uh, so the, uh, the portion that we're asking
to be reszoned is actually just a part of that lot there. So, um, if you look at, uh, kind of the west side of the property in the back where the houses are, um, we already have a warehouse there that's being operate um, operated
as industrial. And then to the south of it, we own uh about 8 acres right there, the uh property, and we have a 60,000 foot warehouse there. Um so all we're asking is just for the uh mixed use, for it to be consistent to uh industrial,
that way we can someday uh develop the land. Uh we have a light concept plan. We don't really have anything moving forward, but this is just our first step in order for us to, you know, start working on something. But um the uh the mixed use actually has a bigger impact
to the roads and to the community there than the light industrial wood um for any future use. The uh the things that you can have on the mixed use would bring a lot more traffic and and a lot more uh um impact to that area.
>> A question for staff real quick. the the zoning that it currently has as well as the future land use. It allows for a lot of stuff. I mean it could be retail, it could be um automobile some things, it could be
coffee shops, it could be a plethora of things. Correct. >> Yes. Um mixed use allows um some well many residential and commercial uses. >> Okay. But it does not allows um like um some many industrial uses and that's not
the applicant. It was is intended for the >> industry. Yeah, >> I understand. So I mean it as as it currently sits we they could develop a lot of things on it. >> Yes. Um but there is currently existing
um industrial warehouse. >> Yep. And um it's the use consistent with their current use. >> Yeah. >> And to go from there. >> Okay. Thank you. >> It's currently light industrial and they're going to industrial for um so >> upper part of the property is light
industrial but the >> so can you give us example of light industrial and give us example of the the like an example of something like a like a bu like a example of something so they can kind of understand. So when you say light industrial and then industrial give us examples. So the public can
understand what that looks like. >> Light industrial uses. >> Um that's um >> so light industrial uses would be like a warehouse basically where you'd store things. Heavy industrial would be manufacturing where you'd see smoke stacks and those types of things.
>> Absolutely. And that's what I don't want in that community. So that's >> and that wouldn't be Yeah. And that that's only not even permitted really in the city. Only where where you could do heavy industrial be off of Hogs Head Road in the west side of town. Furthermore, under the existing future land use the mixed use, you can do a
floor area ratio of one. You can do multifamily of 15 units an acre as well under his existing rights. >> Any other questions for the applicant? >> Well, yes. >> So, your your intentions are you want to
expand your current business on this site, correct? Yes, sir. >> All right. And and and what is it that you currently do? >> Uh so, uh we own a professional Christmas decorating company. Um that's how we kind of ended up here in Apopka.
Uh we actually operate our business from that location there. And uh we just see that there's a need for smaller bay uh uh properties for like small business owners. There's a lot of really big stuff, you know, hundreds of thousands of square feet. But, uh, you know, kind
of the smaller business owners, it was really hard. It took us a few years for us to find a location for us to operate our business for. So, we see that there's a need for smaller businesses that only need like, you know, 10,000 square feet. So, we would like to kind of, you know, build on our property to be able to, you know, cater to the
smaller businesses here in Apakka. And and do you have any idea as to how much of this property you would continue to develop? >> Um I'm not sure uh not sure what's on the concept plan, but it would be
according to, you know, the laws that are set forth here in Apaka of how much of the property we can develop. I think the concept plan is roughly about 190,000 square feet and we currently have 65. >> Okay. Yes. My my concern is as to how close you would come to the back of
those homes. >> Well, there's uh there's buffers that we would have to put there and you know, whatever the city says, if they say 30 ft, 40 ft, you know, 50 ft, whatever it is, you know, obviously we will uh make sure that within you know, the laws that
the city puts forth. >> And this this is the first reading. We have a second reading. Correct. >> But we already have warehouses there. You know, we're just kind of adding more towards the front. And there's there's warehouses all around us. >> Yeah, I know. I know where y'all are cuz I see the lights every night. >> Yeah. Yeah. There you go. Yeah. Now
makes sense with the with the Christmas decorating cup, right? >> Yes. See them every night. My only concern was just how close you would come to the back of the homes. So this is the first reading then you know I we I'm okay for today. >> Okay. Thank you sir.
Just want to add to that there will be like setback requirement by the code. Um and then also landscape of requirement by the code that is adjacent to the industry uses adjacent to the residential uses. So they have to meet the code requirements.
>> Let me ask you do you own that other corner as well where the little vacant house is? >> Yes. Yes. We are uh we're going to demolish that house here in the next few months. So you don't want to include that in >> Well, from what I understood is that the future land use lease on that is is
commercial and um our engineers said that there's no need to uh to include that in there because I guess um everything falls within the scope of light industrial. Is that right? >> Right. >> All right. >> Any other questions for the applicant? >> All right. Anybody from the public wish
to speak on this one? Albert McKime 363 Golden Gem Road. It occurs to me that we're uh always trying to encourage big businesses to come to Apopka. But when we encourage smaller business to come, we also encourage people to come and live in Apopka. So I
would suggest that what we should really be looking to do is encourage more small business users to come to Apopka because when you you scale up in size if a large business fails has a large impact but when you've got lots of small businesses
and one business fails it has negligible effects. >> Anybody else? at Christine Moore Orange County Commissioner. I wanted to speak to you since those are my residents there. And so I I think this smacks a little bit of gentrification.
I'm glad to see that you have a light industrial zoning, which I don't have at the county, but I I hope that in the second reading, you're going to look at those, if you're going to prove it, you're going to look at the setbacks and you make it maybe even 100 feet. You got to look at the the lighting. is that are
those lights going to be on at a certain time that are going to be shining, excuse me, in the back of all of those homes? Where is the driveway going to be? You could keep that driveway completely away from these residents if you're going to approve it. But it's generally, I would tell you at the county, we generally do not approve
industrial right next to residential. So, if the votes are here to do it, please give these people some relief with lowered lighting, hours of operation, where the driveway is, and a larger buffer. Thank you. >> Anybody else? >> Okay.
>> I just want to say Yep. I just want to say that I just if I was a resident there, I would not want industrial right in back of my yard. So, I won't be able to approve that. I don't think it's in the best interest of that community. >> And I would agree with you, but you can also have a whole high high density
residential. >> So, which is >> and that's better than that. >> Take your poison. >> Yeah. What do they have? You could >> Well, I know that didn't Armage County put a storage unit in the middle of a residential on Rock Springs Road.
>> Yep. >> Yeah. >> And I think we can work with the the applicant as well to make sure there's some enhanced landscape buffers and things of that nature to make sure that it's a compliment to the community, not taking away. >> All right. Looking for the first small
business. >> What's the first reading? And this is the first one. >> This is the first one. We can probably >> I can tell you that I was on the fence because if you drive up Rock Springs Road, there's a beautiful community, Sebastian
>> and the elephant sits right behind them, which is that storage unit. And that was not put in by by the city. It was put in by Orange County. >> Okay. >> And so that was the concern. Um although we're being considerate to the county
because that is all county. Um so just wanted to >> well mixed use actually has a way bigger impact than uh light industrial would have to that area right there. >> I did see that I do see that that it is that's kind of an enclave right there.
Orange County. Um, >> so if the concern is impact to the community, it would actually be better to be light industrial, then that makes use right there. >> Okay. >> And and let me say that the the owner, he's he's a community partner.
>> U he don't know it, but we've had conversation before and I asked about using some of the property before he even knew I was to assist the hope when they was having events for additional parking. So he's he's been a community player. So I I would say that in defense. >> Okay. Okay.
>> All right. Looking for a motion >> to approve ordinance number 3132 at first reading and hold over for second reading and adoption. >> So >> got a motion by Commissioner Smith. >> You see how I'm looking at Commissioner Smith. You just finished doing that. Waiting for your motion.
>> Got a motion by Commissioner Smith. >> All right. Velasquez. >> Second by Commissioner Velasquez. All those in favor. >> All opposed. Motion carries unanimously. Next up, ordinance number 3133. >> Just a second. >> Ordinance number 3133.
An ordinance of the city of Aapka, Florida, changing the zoning from MUSPT mixeduse Eastshore Gateway to IL Light Industrial for certain real property generally located at 606 South Pawthorne Avenue owned by Reason for the Season
LLC comprising of 7.6 acres more or less providing for severability conflicts and an effective date. For the record, this is Jun Planner. The applicant has a request of a reszoning of the same property located
at 606 606 South Hon Avenue. Current use is industrial warehouse. The current zoning is mixed use is sure gateway and request zoning is light industrial. Um the reasoning will allow the current use to be per permitted and consistent with
the property to the south. The DRC has recommended approval and planning commission has anonymously recommended approval of the reszoning from mixed use is shore gateway to light industrial. The recommended motion is accept the first reading of ordinance number 3133
and hold it over for the second reading and adoption. Staff and applicant are available for any questions. >> Any questions for June? Anybody from the P wish to speak on this one? Rod Olsson 3156 ruling zone lane. I just this just a matter of an observation. If
you look at 3132 and 3133, we have a land use amendment change and a zoning change. I've been talking about this for years. Simply everyone talks and gives lip service to slowing the process. If you do what most communities do, they separate the land
use. And so that goes two meetings, then you go to zoning chains, goes to two meetings, it buys the public two to four weeks minimum, sometimes longer, and doing it. And I'm tired of the lip service aspect. We got water issues, sewer, we've got reclaim water issues,
pressure issues, street sidewalks. Our parks are not keeping up the pace. It's a means of slowing growth and still staying within the law. And this is before. No more lip service. Let's start separating these things out like most communities do. It stages it. It gives
us some time. Thank you. Anybody else? Excuse me, Sylvester Hall. I just want to point out the fact that um I'm a small business owner and what the gentleman said there is a shortage of buildings for small and mediumsiz
business. So if we could find a way to work with him I think is very much needed in the city of Apopka because there's a lot of things that we're missing when we were talking about and bringing everybody back to the city of Apopka. I get frustrated because I couldn't find a
building uh and it took me a while to find a building. And then when you look at other services like you know the driver's license, we got to leave the city of Apaka to go somewhere else to get driver's license. So you know these some of the things when we say we want to make the city of Apaka a home bed.
Well let's have all the the things that the people need to live comfortably and do their daily daily trans uh transactions. All that group be right here in the city of Apakka. So I understand about the residents, but if I think you can work with the young men,
work with the company, we can find a way where everybody can be happy because you look at around the city of Apaka. There's a lot of other properties that we don't voted on that, you know, we say, okay, why why did we let this happen? Why did we let this go through? So if we can find a way to work this, this is something that's very needed in
the city of Apaka. Thank you. >> Anybody else? Not. We'll close the public hearing. Look for a motion to approve ordinance number 3133 at first reading and hold over for second reading and adoption. >> So move. >> Got a motion by Commissioner Smith. Second, >> second by Commissioner Anderson. All those in favor? I. All oppose. Motion
carries unanimously. Next up, ordinance number 3155. Ordinance 3155. An ordinance of the city of Apapa, Florida to extend its territorial and municipal limits to annex pursuant to Florida statute 171.044. The here and
after described land situated in being in Orange County, Florida, owned by Adelbert D. Rollers Third and Adelbert D. Rollers Jr. located on the southwest corner of Rock Springs Road and Sebastian Springs Road. Comprising of 3.46 acres more or less providing for
directions to the city clerk, severability, conflicts, and an effective date. >> Good evening everyone. Uh for record uh my name is Amir Hamza, a planner at the community development uh department. Uh so the applicant has submitted a
annexation application for properties located at one of the properties is addressed at 21104 Rock Springs Road and there is another parcel that's adjacent to the south that currently does not have an address but the parcel number is
28-20-28-000000-00-87 and uh but both properties are located uh north of East Lester Road and south of Sebastian Springs Lane uh lane and is on the west side of uh Rock Springs Road. So um these are the vicinity and
aerial maps of uh both properties that are asked to be annexed into the city. Um the total combined area for both properties is around 3.46 acres. Both sites are currently vacant as shown on the aerial map. These are the future land use and zoning
maps that show the zoning and future land use of the surrounding properties that are inside the city limits in relation to the two properties that are being asked to be annexed into the city. The development review committee has recommended approval. The recommended motion is to accept first reading of
ordinance number 3155 and hold it over for second reading and adoption on April 15th, 2026. Staff and applicant are available for the comments and questions. Any questions for me?
>> Um, did the applicant has have they gone to the county to ask for reszoning? >> Uh, I will defer that to the applicant to answer. >> The applicant here. >> Yeah. >> Good afternoon. Almost evening. I guess you all had a busy day. My name is
Lonnie Groot. I practice law out of Daytona Beach Shores right now. Although after six years in the JAG corps, I came to Central Florida in 1985 and representing cities and and others since 1985. And the answer to your question is there
has been no right off the bat first, Mr. Mayor, members of the commission, uh there has been no application in the in the county that this the property owner would like to become part of the city. Uh, and that's why we're here today. And
I don't know why anybody wouldn't want to be part of a Popka actually. It's a, you know, it's a it's a going place. And I'm sure it it uh it makes the property more marketable. There has been interest in the property, buying the property, but all the buyers have wanted to be in city of Apka and that makes sense and
that's and that's why we're here. uh uh to work with staff. Staff's been very responsive, made us very responsive, which is a good thing. Uh and they've been very professional and we support this the staff recommendation, but I'm
I'm really here to answer any questions that you might have. >> Any questions for the applicant? >> Excuse me. >> Uh what what are the intentions of the property owner to do with the property? >> I'm sorry. >> What are the intentions of the property owner to do with the property? the detention of the property owner is could
just be annexed into the city. Staff has suggested that they it would support or not that it would support I think is the correct word uh going to a commercial primary as a future land use designation
and community commercial as a zoning and that would be fine with the with the property owner. >> Let me ask I'm sorry. Is that where the Yes. >> storage unit is that? >> Yes. >> Oh, >> wasn't I don't I just finished talking
about the storage unit. Um I remember at one time that was this was disapproved for because by Orange County which property was being >> is that >> you remember there was a few years ago
the Orange County had denied uh a development and then all of a sudden the >> I have no information. I have no information about that and I asked if there was any prior applications and I don't think there I have not heard of
any denials of any type. I what I >> and right now the the zoning for it is what? >> A it's holding it's a holding zoning classification. Yes, ma'am. And basically that's what a is in today's world is just is holding. All of Simol
County used to be A1. I just finished. I don't know. This is u the same thing like what if we resone that and they want to reszone it to >> Well, the property really just wants to be in the city.
>> He wants to be annexed. >> Yes, ma'am. To be annexed. the the staff has suggested that commercial primary would be the appropriate land use designation and community commercial would be the appropriate zoning and the property owner has no no issue with that
if that's what if that's what the desire is and in today's world that's far better than residential with what the legislature is potentially proposing you know and that commercial is going to be the tax base I guess
>> uh to to the Is this going to create an enclave with the storage unit there? Because isn't the frontage on Rockstream Road next to property already in the city? Excuse me. So basically we had a basically
originally it was going to create an enclave, but then we got confirmation from Orange County that this in in their determination, Orange County determination that this does not in uh create an enclave due to the Rock Springs Road uh right away. And I have
the letter right here from uh Orange County if you'd like to see that. >> Okay. So you got the >> right we checked with >> we evaluated the joint planning agreement which this is consistent with and did communicate with Orange County
and the senior planner Miss Misty Mills communicated that Orange County has no objection and did not find any enclave or lack of contiguity. So it's in the grand scheme of things and I don't mean to minimize this but in the
city of city of Sanford you know we I represented them and we did probably good lord uh 70 80 annexations a year. This would be a really a baby annexation and it does fulfill your manifest destiny under the JPA and getting the city in uh this
property into the city. It makes a lot of logical sense to have it in the city. Uh, and from a buyer's perspective, a popka is a desirable place. I mean, that's not telling you anything you don't know. >> I think the residents just want us to
slow growth down with annexation. And I think approving this, even if it is, you know, a small parcel of land, I think is still is inconsistent with what the residents is telling us right now. They want us to slow growth down. And if we're continuing to edex in, I'm not saying never. But for me, I don't think
we should annex anything in right now. >> But this is commercial. This won't work. >> It's still But it's still I know. But it's still we still But they're obviously they want to work with the city for a reason because it's more restrictive with Orange County. So that's why they trying to be annexing to the city of Apaka. That's one of the reasons why.
>> Well, I'm sorry I didn't mean to interrupt. >> That's okay. Now, there is a commercial city PD to the south of the of this parcel, and to some extent, I don't know what that who that property owner is. I haven't really looked. It makes some
sense to aggregate that and make it >> I I agree. Maybe one day. I just think right now we should not be doing any X. They just, you know, just listen to what the residents are saying. They feel that we should slow growth down. one way to slow growth down is obviously they're not telling us what the what the entire
plan is but I'm pretty sure the plan is to develop and with city of Apa developers love annex into the city of Apapa because it's easier to work with the city of Apach and get things done faster with us >> well I can't I'm not going to argue that
because that's a to some extent that's a good thing you know obviously >> but to slow growth down I I think we should stop annexing and making it faster faster for growth slow down so that way infrastructure can actually keep up with the growth because that's what they're asking us to do. >> No, I I understand what you're saying. I
don't want to argue with you obviously, but I but >> this does make completely good logical sense to annex this property and make it part of the city's manifest destiny, if
you will. It and have control by the city. you know, there's a the city controls the what's there, not only the growth by having it brought within its jurisdiction
and it gets the tax base, too. And like I said, I don't know what's going to happen in this crazy state right now. Excuse me. But local local government, I've represented local government since 1985. And what a difference. A few half
a century, I guess. I'm getting old makes because uh the the challenges that you're going to face with with revenues I don't know how it's going to work if the some of these proposals go down with the you taking the tax base
quick but commercial industrial that's going to be it not that that's you want to make it appropriate you want to make it you know work for the citizens be transitioned have the right you know harmony and compatibility and all that,
but this just this little 3.46 acres makes a lot of sense to put into the city at that location and at the the land use designation and zoning that staff has said it is would support. So,
it just makes you you would control it. You would control the development. >> Well, I think something too that that makes sense um is that it's important to have strategic annexation. And I think this is one that makes sense because residents are asking for more restaurants, more retail, they want more
of that. The the real thing comes down to once we should we annex, what type of limitations are you guys open to to us not allowing a car wash or something along those lines on there? So, I think that's where the conversation really starts to rubber meets the road to where we don't just want to annex in anything
and allow anything. It's let's be strategic with what we're going to have. The residents want very specific things and so let's bring that for them in a very strategic way. Uh your point's well taken. I mean you all are the ultimate judge of compatibility when it comes to what is actually developed on the
ground. So you would determine what is compatible to the developments in the area. I understand I think it was Commissioner Velasquez. >> Yes. >> Made the comment about the storage facility. >> I mean I'm not gonna I'm a straight
shooter. I hope that that's that's my reputation sometimes too much. which I think Cliff Shepard might even agree with that. But uh it didn't make that was somewhat interesting to see when I drove the property. Let me put it that way. So uh but there's but there are
ways particularly since you have a commercial PD community PD south of this property. Somebody's going to develop that. And I think harm bringing this property into that scheme would be a very
good thing for the city in terms of having the appropriate type of development there that does serve that Sebastian Springs is it? >> Yes, >> Sebastian Springs reserve something like that. Yeah, >> I that's a there is a way to bring these those
properties in some of which is already comp planned and zoned that way to benefit those neighborhoods around there which is that's kind of unique too because it has access off of what is it Eller? >> Oh shoot
>> Lester Lester >> Lester and then also Rock Springs itself. So it has so there's a way to do that corner in a very high quality way that makes the citizens happy because like I said there is another PD right there on the corner anyway.
>> Okay. Any other questions for the applicant? >> Do I urge you to >> Okay. >> to move this on to second reading. >> Goodbye from the public. All right. If not, we'll close the public hearing. Look for a motion. >> So move.
>> Got a motion by Commissioner Smith. Second. >> Second by Commissioner Neesa. All those in favor? I. All oppose. Name. >> So 3 to2 with Velasquez and Anderson in opposition. >> Okay. >> Thank you.
>> We're good. We're good. Thank you. Next up, resolution 2026-9. >> Resolution 2026-9. A resolution of the city of Apakka, Florida, amending the re amending and restating the investment portfolio policy of the city of Apakka providing
authorization for the investment of surplus funds in those certain investment vehicles identified in section 218.415 PN 16 Florida statutes providing for construction severability and conflicts
and providing an effective date. Thank you, Susan Blanch, chairman of finance director. Good evening, mayor, commissioners. Item before you is adoption of resolution 2026-9 amending ordinance number 873, which is
amending and restating the investment portfolio policy of the city of Apakka to incorporate cemetery funds. On February 4th, the city commission authorized staff to update the investment policy to incorporate the proposed policy revisions for the
investment of cemetery funds. The proposed language or approved language is under section 19 of the policy indicating that cemetery funds gifted to the city are intended for long-term capital appreciation with some downside
limits. Therefore, up to 50% of these funds may be uniquely invested under special power FRS 21841516H in a low equity mutual fund. The remainder may be invested in any
securities authorized in the policy in section 15. Any questions for Blanch? Anybody from the public wish to speak on this one? Not, we'll close the public hearing. Look for a motion to approve. Resolution
2026-9. >> Got a motion by Commissioner Velasquez, second by Commissioner Anderson. All those in favor? >> I. All oppose. Motion carries unanimously. >> Thank you. >> Next up, resolution 2026-20. Susan. Resolution 2026-20, a resolution of the city commission of
the city of Apakka, Florida, authorizing a fee increase increase for cemetery cemetery burial plots and column burial niches in order to maintain sustainable funding for the maintenance and operations in the Greenwood Cemetery.
Okay. So, good afternoon. I know it's late, so I'll try to keep it short. This um resolution comes today to um to request a cemetery feat increase because
um we are having a um a growing number of non-residential and um you know families coming in and as well as we're um depleting what we have. So,
in order to sustain our cemetery for the future, we're um we're going to and and our um in order to ensure that we remain consistent and have maintenance and
operational costs um over this period of time. Um we are requesting an increase. We've done a comparison of surrounding municipalities. So um basically we've
found that we are among the lowest of the um municipalities as far as the fees go. So for instance, we have um our plots right now our residential um costs
are 1,200 and non-residential is 1,600 and for our niches they start out at 850 and residential or non-residential would be a,000. So, um we we still have plenty of columbariums and such, but um we also
see that there are people coming in here because some of the other cities are are really high. So, for instance, on um the Highland Memorial, their niches um are $4,995,
but um theirs are a little larger. they they hold two, but winter gardens are $2,000 and um and then Okoi would be $1,500. And then for the non-residential I'm talking about. And then um city of
Winter Park is 2760. Um and they only allow residents or relatives of residents. And Mland is goes up to 3500 for a non-resident residents only. they they really don't
have that many spaces left and Orlando is at 3,000 for their plots and then for their niches on Orlando is at 1500 for a non-resident. So, um, we're trying to do this so that we can make sure that once the cemetery is sold out in the future
that we will have, um, this this money is going to go into the perpetual fund that we've set up. And that way we'll have the money to, um, maintain and, you know, uh, all the operational costs and
and such that we have going forward. >> All right. Any questions for Susan? >> No specific question. just comment on and it's we discussed this yesterday as well is that the fees I what I'd like to do moving forward is is tie our fees to what our expectation of cost are to
maintain this one's full >> and back into it that way with some growth built in. So So yes, I and I appreciate the kind of the comparisons of of the other cities. But I think um deriving a a number of what it cost us to maintain it in perpetuity and then tying those those fees to that with some
growth factor and I think will be important down the road. But I appreciate that. Thank you. And my only question is I noticed for the city residents it says includes engraving. >> Oh now that all of our colariums does include the engraving. So we included
the um columbarians in the um increase of fees because well num number one we have the lowest but also it's it's approximately for right now $250 per per niche to get a an engraving on there.
And ours includes it. >> Oh, I'm just talking. But for the non-residents, it doesn't say that. So >> Oh, I put it over on the side there. So, >> but it appears like it's only for residents. >> Oh. >> And not for non-residents looking at. >> No, it's going to be it'll be clear on
our on our update. >> All right. So, just to make sure. >> What? >> All right. Anybody else? Okay. Anybody? the the only when I sat with um uh I think it was Bradley I had suggested that um because I did speak to Susan
uh our city clerk I shouldn't refer to her as Susan as u to our city clerk I asked her uh kind of how many of our residents are on a time payment like a
lay over 150 residents are paying paying on a kind of >> time >> payment. So I had suggested not to raise the fees for our city residents but to
raise the fees for our non-residents and then there was a discussion with the section for the uh babies and that's where um I asked because at this time uh
I know that commissioner Nester had provided a fund and um my understanding is that somehow the message has gone out there that we are not charging um parents who unfortunately lose an
infant and they are coming into the city but we're running out of funds on that one. So I don't know >> yeah and I'll be replenishing that I that fund I that I'm okay with people coming from anywhere and everywhere. Okay. >> Uh I just
>> that's the worst check any family would ever have to write. I'm happy to to take that on at that. >> Oh, you did? Okay. So, that was my only suggestion was that being that we have over 150 residents already making
I call it layaway, but you call it time. Um, I don't want to impose more of a burden, but that doesn't change what they the 150 are paying right now. >> It'd be for new purchase. >> Oh, new purchase. wouldn't take effect
until May 1st. So, anybody that's already sent out. >> Okay. All right. Any other questions? All right. Anybody from the public wish to speak on this one? Not look for a motion to approve resolution
2026-20. >> So, move. >> Got a motion by Commissioner Smith. >> Second. >> Second by Commissioner Nesa. All those in favor? >> All oppose? Motion carries unanimously. All right. City Council reports. Commissioner Neesa, why don't you get us started?
>> Sure. >> This was them. >> Uh the first one off is I uh actually had one of my alma moers here locally, uh Trinity Christian School, reach out and had some students, they uh that wanted to do a cleanup day somewhere in the community just to give back and connect with the community in some way
and reached out to um Mr. Williams and and said, "Hey, is what what needs do we have?" And and he got with staff and uh they were able to find um actually the cemetery, oddly enough, where to to rake and things of that nature and just really clean up the cemetery. I think it was like 40 kids out there. It was really cool uh what they did last week.
So, um I just want to say thank you to Trinity Christian School and the students for showing up and and being part of the community in that capacity. Uh, next one is my normal one is just a reminder of office hours tomorrow uh from 11:00 a.m. to 1 p.m. here at city hall. Um, if you want me to meet you
anywhere else, you're not comfortable coming to city hall, just let me know. I will meet with you somewhere else. And then I'll be pausing office hours uh next week, April 9th, and then resuming them April 16th. That's it. Thank you. >> Commissioner Smith, have a good evening. >> Good. All right, Commissioner Blasquez.
>> I'm going to ditto that. Have a good evening. >> Commissioner Anderson, >> have a good evening. >> Oh, man. How about that? >> Happy Easter. That's >> Cliff. >> Nothing. Thank you, Bradley. >> Uh just one one thing uh mayor and it was it was mentioned at the minutes
adjustment. Just clarification to the appointment for uh Malikica Harrison. The staff report did incorrectly say it was an appointment for a three-year term because this was filling a seat that was vacated by an existing member. It's uh to fill the seat to the end of that
term, which is January 7th, 2027. So, just clarifying that. uh city clerk city clerk's office is uh reaching out to her as well to get her all the information from the planning commission and get her set. >> Well, we celebrate u Easter on Sunday. So, you know, if you're wherever your
religion of choice, be sure to u to partake. Uh we got breakfast with the bunny April 4th uh at Weiwalk at Weiwa 9 to 111. Uh need to sign up on our website. And then on April 11th at the Kitland Nelson Park, we got the health
health and fitness fest uh from 10 till 2. Should be a good day. So have a good evening. Part: 2
Good morning. We will call the April 1st, 2026 DRC meeting to order. We'll start with roll call. Uh planning is present. Police >> Jason Police Department, >> public works, >> Dale Smith, >> fired. >> Jeremy Holderfield >> and building >> John Hansen. >> Okay. Okay, the first two items on the
agenda, it's a resoning and a future land use property located at 4420 Chandler Road and June is the project manager. >> Good morning. Um, this is change of future land use and resoning application located at 4410 4420 Chandler Road. Uh
current future land use residential very low suburban and zoning is RF1A and um requested future land use office with the office zoning. Uh this is for childc care facility applicant is available for any comments.
>> All right the applicants in attendance do you have any questions or comments for the DRC? >> Okay. All right. They don't have any questions or comments. All right. Planning has nothing further. Please, >> I don't have any comments. Probably works. >> Yeah. Does this have anything to do with
the Chandler Road and the previous requirements that you know something was going to have to be done with Chandler Road? >> This is only for reasonzoning official land use change. So, it will not be considered that. >> Thank you. >> Fire. >> No comments. Thank you. Building >> I don't have anything. Thank you.
>> Thank you, June. >> All right. The next item on the agenda is Eden Crest phase 2 plat. Amir is the project manager. >> Good morning everyone. So this is phase 2 plat for the subdivision Ian crest. Uh
phase 2 consists of 115 lots. Uh total uh number of lots is around almost 300. The zoning is PD and the future land use is residential. Uh staff and applicant or bill further comments and questions. I
>> see applicant in attendance. Do you have any questions for the DRC? Okay. All right. Planning has nothing further. Plats are no longer uh public hearing requirements per Florida statute. Police >> I don't have anything. >> Public works.
>> I only had one comment. It was about a drainage easement that needs to be on the plan. >> Okay. All right. Thank you. Fired. >> No comments. Thank you. Building >> nothing. Thanks. Thank you. Next item on the agenda is Autozone store number 10995 construction site
plan first middle June the project man. >> Good morning. So this is commercial development CSP project for the origin store located at 1788 Rock Springs Road. Total size of the property is about uh
1.2 2 acre building floor area is about 6,800 square ft. Um planning has two major concern regarding the number of access point and also the location of the loading area. Um applicant is
available for any comments. >> All right. And I believe the applicants here if you'd like to voice your concerns with the DRC or ask any questions now is your opportunity. Yeah, we just had a few questions regarding um the comments we received and the engineer of record, Matt. D'Angelo
wasn't able to make it, so I'm on his I'm here in hisstead. Um so I haven't worked directly uh on this project, but I've been caught up to speed and just have a few questions uh that they'd like me to ask. But um the first being just
familiarizing kind of the process with Apopkia. Uh question number or comment number one regarding the uh change of the title on the sheet set. We were wondering was the request just to change the title on the cover sheet or are we
saying that we need to uh also apply for the concurrent construction site plan permit along with the minor development plan? >> No. U just to change the title to the construction site plan as as uh to match with our code. Okay. So, we don't need
to initiate another process just Okay. Um the second question pertains to comment number three with the minimum number of access points. And my understanding is uh this site is part of a um previously approved master
development plan where one access point was previously approved for this parcel. And so we were wondering if we would still be bound by this requirement or if the previously approved permit kind of trumps that in this case. If this is our parcel, we still require to have minimum
two access point. >> Okay. >> So, that's a requirement. >> Okay. So, we'd have to coordinate with uh because we didn't do the previous permit for the master development plan. We'd have to coordinate with them to basically uh remove some of that parking
and open up another access point. >> You can. Yeah. Um but I think we had this this discussion informational meeting They have to remove their parking lot. They have to revise their >> right.
>> So, yeah, because it seemed like uh we were a bit bound by the previous parking plan with the master development on that kind of main thoroughfare there and then the parking with the car wash and then the um the storm water pond I believe has
already been constructed as well. So we felt a little we wanted just your recommendations on where an access point would probably be viable. >> If I recall correctly, we kind of suggested to find the access from the on the door side. >> Oh, up here.
>> Yeah. Okay. That was that was discussion. >> Uh Jump. >> Yeah. Um and I've sort of requested a second access point because your dumpster site, >> right? I'm not gonna drive a truck down
there to turn to back out. Yeah. >> And your auto turn looks like it's gonna hit the cars anyway. So, you need to give us something sort of straight in there. >> And then I'm gonna let this man talk to you. >> Fire side without an access point. There's no way for us to turn around in there. So, that's why my comments were
made back in March regards to there's no access for us to turn in, turn around, or do anything in there. So, you're going to need another access point for us to even be able to bring a fire truck and get it out. >> Right. We're not backing trucks up and trying to steer through all that traffic and it's just a nightmare scenario. >> Yeah. Yeah. Reviewing the truck turn
analysis that was on the site when we we saw that that was or when I was reviewing it saw that was pretty problematic. But what wasn't sure what was kind of the horse in the carriage if is it is it just getting the auto turn to work or is the second access required no matter what. >> I I'm I'm requesting the second access from fireside.
>> There's no way for us to get a truck in turn around doing that stuff like that. You didn't give me an auto turn or they didn't give me an auto turn in the first place. Oh, okay. >> For fire at all. >> Oh, right. Right. Yeah. I think it's just a semi in the the trash truck right now. >> Um, so I just don't think it's going to work without a secondary access point. I
require all the businesses to do that. So, we're going to stay with that. >> Okay. Um, so just to recap, we the second access required and obviously an auto turn analysis that shows um working for the garbage truck, firet truck, and then also they have the semi-truck for
their own purposes. though. Um okay. And um I guess when we were looking at the the site to the north, it's a sitgo but seems to kind of be an out parcel to that mobile home park that's there and
they have a split median. Um, so it's kind of an interesting um I guess entrance there. But do you guys have any preference with that current configuration of where that second access would be if it is on the north side? If you can make access into it, I mean I
sure that's what you want to do. We have see I don't want to say yes without seeing it drawn up on plans, but uh we're going to definitely need to see it. I do think if I recall that the initial request was to try to get emergency access through that same area and was declined. So if you're able to do that, that's you know gives us an
option. Okay. So our two options I guess would be to see if we can negotiate that on the north side or with negotiating with the uh previous uh master development plan permit for that kind of south side and eliminate some parking. >> Okay. If you do the driveway on the
north side, you're going to need to relocate the dumpster to where it's assessed, >> right? Yeah. Um and yeah. Okay. All that makes sense. And then Okay. And as we kind of negotiate that,
is there any other requirements uh with the Papka in in regards to uh maybe distance from uh the other entrances or distance distances from kind of the main road? But are there any other requirements in regards to having two access points?
I know sometimes there's a a minimum distance requirement between two access points, stuff like that. >> I'd have to I I don't recall. I have to I'd have to review that and find out. >> Okay. Okay. Um and then the comments number five,
number six. um just to clarify what's being asked there in addition to um you know the access point and having a auto turn that's actually working. Uh I just wanted to clarify if this was
referring to the loading zone, the trucks that are servicing that loading zone needing to be fully um be able to be fully parked in that loading zone. know the semi-truck turn that you can see there. They're showing it currently just parked in the access
aisle. I'm assuming what that comment is saying that that semi-truck would need to be fully uh within that loading zone. It can't be in the access aisle. Um is that correct interpretation of that or can it can it be in the access aisle for
kind of temporary unloading? >> So um if you manage the second access like if like The loading j does not have to have its own access but as long as it does not interfere the other vehicles movement right the concern is that
loading zone will um interfere the visitors um ingress and eress and also there would be like possibility of backing up to the road. >> Yeah, that was my answer.
>> Yeah. And I guess just like for comment number six it says um can't obstruct any parking lot aisle. That would mean like they wouldn't be able to be parked in the aisle, right? They'd have to be fully parked in that loading zone. >> Yeah. >> So, the loading zone needs to basically
be long enough to fit that semi-truck. Okay. >> Um and then would that apply even if their intention is to only have deliveries after hours? >> Yeah, the it's for all deliveries. Yes. Okay. Um
that makes sense there. We already talked about second dumpster entrance access. Um okay. And then the last remaining questions are regarding landscaping. And so just to clarify the buffer types
uh in comment 14, it refers to um needing I believe buffer type D for the property boundaries on the northeast side due to the adjacent properties having single family detached dwellings.
Um the property of the north I think the whole uh property is owned by that mobile home park but the majority of it is that Sicko gas station. So, we're wondering if on that north side, do we need to have the entire property line be type D buffer or just kind of a portion
of it? >> Okay. Do you know where that portion would >> I'll check? >> Because I think the Siko goes about here, but then there's some Siko parking that extends, but there's like a low wall that the the mobile home park kind
of it's not directly adjacent, but it's it's somewhat wise and zoning wise residential was requesting over time >> right
>> I'll take a look and give you more detail >> okay um and then on the east side it appears on the other side of Rock Springs Road it's now I think town homes
and that's zoned as um A I actually forget the PUB zoning. Um so would that still apply as type D since it's not single family detached? >> Yes, there's also like um offer type requirements by the zoning but also by
the use. Okay, >> since they're used as residential. >> Okay, sounds good. So it would be definitely that entire east east boundary and then um the south and west would be that commercial type B. Okay. Um, last two
questions here. Comet 16 for the arbor permit. Is that usually the responsibility of the contractor or is that something that the engineers need to be respons after your um >> permit is issued or >> Yeah. >> Okay.
And then last thing uh comment 17 green building standard required. Uh we were under the assumption that by uh the exemptions the second exemption which states non-residential under 7500 square f feet are square foot are exempt. We're wondering are we bound by the green
building standard? It's required by the code. You have to certain I believe it's 3 and you have to provide that plans meeting that requirements. >> Okay. But at in the um what was it 5112B-2
the second one states that some of those exemption possibilities. >> Can you send it to me and then I'll also request our secretary to >> Okay. Yeah. because I think it just gives a list of of uh scenarios where you'd be exempt from that green building
standard and the second one is non-residential under 7,500 square feet. So that's why we just thought we wouldn't be bound by it since we're at 6,800. So but um yeah, that's all the questions I had. So are there any other questions? Any questions for the applicant on this?
>> Okay, fire public works. Any questions? >> No further questions. >> Okay. >> All right. Questions? >> Planning has nothing additional. Police. >> I don't have anything. Public works. >> No questions. >> Okay. Fire. >> No comments. Thank you. >> Building. >> No. >> All right. Thank you. >> Okay. Thank you guys for your time.
>> You're very welcome. All right. The next item is Ridgeburg CSP amendment to the construction site plan first submitt. I'm the project manager. Uh there weren't really any significant comments. It was switching landscaping around. Uh the applicant is here. I believe you received your comments from DRC. Do you
have any questions? Yeah, no real questions other than just for clarification. Bobby, you just want me to put a narrative description on the cover sheet for what was changed >> and then if I upload those back into portal, we can go ahead and get those stamps. >> Mhm. >> Cool. Okay.
>> Absolutely. >> All right. Planning has nothing additional. Police, >> I don't have anything. >> Public works, >> no comments. >> Fire, >> no comments. Thank you. >> Building, >> I don't have anything. Thank you. >> That brings us to our discussion portion
of the meeting. Anybody have any items? John, you got anything to say? >> No. >> All right. We are