All right, we're going to open up the April 7th commission meeting. We'll have the um call to order invocation by Mr. Hart, pledge of allegiance by uh Commissioner Fner, and then roll call. Please stand.
Dear heavenly father, we thank you for your abundant grace and mercy. You've allowed us to come together to conduct this city's business. And father, we pray that you help us to come in into the spirit of unity. Even though we may disagree, let us not disrespect or disengage from one another, but to continue to treat each others as brothers and sisters. We say a special prayer with all our brothers and sisters
in the armed forces all over the world. Keep them safe and keep them in your care. And once again, watch over our first responders. Watch over them as they watch over us. We give you the praise, the honor, and the glory you do. In your son Jesus name we pray. Amen. >> Amen. >> Amen. I pledge allegiance 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. >> Thank you, sir. >> Commissioner Kennedy >> here.
>> Commissioner Wilson >> here. >> Mayor Johnson >> here. >> Commissioner Fner >> here. Commissioner Oliver is absent. >> Okay, we got a two two or three little here uh
agenda items here is a volunteer of the month. I'm going to let you >> I get to read it. >> You get to read it and they going to come up. >> It's a proclamation proclamation for the city of Akoi. Whereas the month of April
has been designate designated nationally as volunteer month to acknowledge and celebrate the contributions of our community and volunteers. And whereas the month is an opportunity to celebrate and honor the numer numerous individuals and groups who invest their time to
better the community around them. And whereas the city of Akoi is proud to host eight volunteer advisory boards which promote and maintain a positive relationship between citizens, the commission and the city respective departments. And whereas the city's 44
volunteers contribute their time and diligence to keep these positive connections. And whereas all citizens of the city of Akoi community benefit from the work of these selfish selfless individuals and
whereas the city of Akoi hosts great appreciation for their continued dedication and hard work. Now therefore, the commission of the city of Akoi does hereby proclaim the month of April 2026 as volunteer month and the city of Akoi to encourage all official and res
officials and residents to extend appreciation to the many volunteers who serve the community. Signed by our mayor, Rusty Johnson. >> Are they here? The volunteers here. They get the pictures. >> We have some volunteers I know sitting out here. >> We have the volunteers here. Mhm.
>> Huh? >> You want to come up front and get a picture made >> here? We'll stand up back here and get our picture made, too. >> Okay. >> Thanks for coming. I have to split you up. >> Some of our outstanding citizens that
help us on our volunteer for our different boards. >> Don't be shy. There you go. >> There you go. >> Part of the transportation committ. >> No hiding back there. You better get up.
>> Everybody take some pictures. Okay. All right. Thank you very much. >> Thank you. >> Appreciate you coming. Thank you. >> You're welcome. >> All right.
Now, we have the water conservation proclamation. We'll uh >> Franc let you introduce you. I'll let you go ahead and then I'll read it after y'all get too then I we'll get a picture made. >> Okay. Awesome. Thank you, mayor, commissioners, city manager. Um I want
to introduce those of you who have not met McKenzie. This is McKenzie, the city's water conservation coordinator. She's been with us for a few months now and doing a fantastic job. >> Hello. It's nice to meet everybody. Um, if you ever have any questions about
water conservation, definitely come over to utilities. I've been having a lot of fun over there and and it' be so nice to meet you all. Thank you. >> Glad to have you aboard. Thank you. Just hold that there. >> All right. Whereas water is basic and
the central need of every living creature. And whereas the state of Florida water management district and the city of Okoy are working together to increase awareness about the importance of water conservation. And whereas the city of Okcoy and the state of Florida have
designated April typically a dry month when water demands are most accurate. Water Florida's water conservation month to educate citizens about how they can help save Florida's precious water resources. And whereas the city of Okcoy has always encouraged and supported
water conservation through various educational programs and special events. And whereas every business, industry, school, and citizens 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 efficient irrigation design program and maintenance can conserve water, the city of Okoy will encourage citizens and businesses to evaluate
their irrigation systems for potential efficiency and enhancements. Now therefore, the city of OK commission of the city of Okcoy, Florida does hereby proclaim the month of April 2026 as water conservation month. The city of Okcoy is calling upon each citizen and
business to help protect our precious resources by practicing water saving measures and becoming more aware of the need to save water. For this the 28th year of water conservation month, there will be a special focus on community
outreach and education. In witness thereof, I here and two have set my hand and cause the sill of the city of Cory, Florida to be affixed this 7th day of April, 2026. If y'all will come down front, we'll let you hold this and get some pictures and we'll stand up behind. Thank you very much.
>> Appreciate. >> We appreciate all the support. >> Oh, yeah. Nice to meet you. >> All right, we're getting photography back out. Thank you. >> Just to let you know, Jen is one of our great employees up at running the water and the sewer department for the city of
Okoy. All right. All right. Oh, there it is. Oops. All right. We would We need uh Dr. Jim Moyer. I'm gonna go ahead and do the uh public comments,
Craig, before I do that. >> I'll call on you after I get through. >> Good evening everyone. Good evening, mayor, commission. My name is Dr. Jim Moyer. I'm the elected Orange and Water Conservation District who supervisor
uh serving the northwest part of Orange County. Uh happy conservation uh water conservation uh month if you love life. Don't waste water for water is what life is made up
of. Yeah, this one don't get pulled. >> And it's also what we as individuals, the majority of us are made up of water also. But here's a disclaimer. What I want to first I'm telling everybody about the
purpose of the Orange and Water Conservation District because not enough people really know. This is verbatim from the law, but I'll paraphrase. Our job is to work with local government,
other governmental agencies, land owners, land occupiers, the agricultural industry, and the general public to protect land and water resources. We have a meeting coming up this Friday.
Our meetings are always the second Friday of the month. there in the BCC chambers. This particular Friday, the USDA, USDA uh natural resources conservation service
uh district conservationist will be there. We will talk about local working group. We'll try to decide on the date and the place. but it is an opportunity to
potentially get funding for uh land and water resources here, the farms, etc. So, I'd like to encourage uh the commission here to once we get a date in time to encourage local farmers,
the Blueberry Farm, uh Lake Meadows Naturals, etc. to come to this to potentially uh get some funding. Uh it's our job, which I just learned and we haven't been doing, uh is to lead this
working group and to bring people together. So hopefully we'll be able to do that. Um there is a whole list of potential uh categories that NRCS uses, but
basically soil erosion, soil health and water quality. As you can see, it's a natural thing because we don't have drifted snow. Not at least last time I looked. But thank you all for listening.
Thank you for your time and God bless you all. >> Thank you, Dr. Moore. >> I have Lindsay Agnu. Good evening, uh, mayor and commissioners. My name is Lindsay Agno. I'm a local artist and the founder of
Studio Agno here in Akoi with a background in Walt Disney Imagineering and a degree from Ringland College of Art and Design. Right now, there are very few consistent art classes or creative programs in Akoi. Many families, individuals have to leave the
city to find those experiences. I'm here because I see a need in our community and an opportunity to meet it. From kids to seniors, I offer on-site art classes in painting, drawing, watercolor, mixed media. I've already started working with local schools and residents, and there
is a real interest here. People are craving creativity. connection and the opportunity to learn new artistic skills. The biggest challenge right now is a space. I'm looking for the an opportunity to partner with the city to use an existing space to establish ongoing art classes
and workshops. I'm not asking to build something new just to help bring life to a space that already exists. I would love to connect with the right person and get this started. Thank you for your time. >> Thank you, Greg. Did you >> Absolutely. I we we have a number of
thirdparty programs uh run under our parks and leisure services department. I'm going to connect you um with the assistant city manager who's lurking about somewhere. Um and um in in his absence, I'm going to
ask Oh, there you are. Usually you're in the back of the room. um he's going to get you in contact with Mark Johnson, our our director of parks and leisure and um >> I think I think we can definitely work together on this.
>> Okay. I also have um a a handout too if you guys are interested in one >> please. Yes. >> Mark I mean Craig Mark is back there. >> He's around here somewhere too. >> Do I give it to you guys? >> You can I would uh >> actually if you can give it to the clerk here we'll we'll make sure it gets
distributed. My search image is still on Easter eggs. >> We got your phone number here. They can get a hold of you. You can call talk to Mike Rub city manager and Mark Johnson, the leisure services manager. >> Okay. Thank you. >> All right. Thank you, ma'am. Kelly Beck.
>> Good evenings. Um, so I'm here representing the human relations diversity board. I'm fortunate enough to be the chair of it this year. As many of you may know, April is Autism Awareness and Acceptance Month. As we go into our May HRDB meeting, we are going to have a
special guest speaker for the University of Central Florida. It's going to be a continuation of our community speaker series as we continue the mission of the HRDB. So our session is going to be creating supportive spaces, understanding different thinking styles
at home and in the community. So I'd like to personally invite both the commission and the community. Um I know we have a lot of representatives here from the other boards and all the other volunteer boards. So this is a great opportunity to come and learn. It's a
great speaker. Um Kavita Sal from UCF, she's done our previous sessions. You can see them on the city's YouTube channel. We've done sessions on veterans in the community. We've done sessions on creating inclusive spaces on um helping those of differing abilities in the
community, especially targeted at small businesses. So, this is a continuation of that series and it is Thursday, May 7th at 6:15. It is absolutely free. We would love to have you here um in the commission chambers and we just really
hope to see you there for our workshop. Thank you. >> Thank you. All right, we're down to staff reports and agenda. Oh, >> oh, I have forgot you, but you you put down >> you're on item number three, so that's
not yet. >> Yeah, that's consent agenda. >> That's consent. >> I know it >> that he wants. >> Well, I do. >> I'm Doug Gber. I live at >> You put down item three5 Misty Meadow Drive.
>> I have two two questions actually. one of these I want to direct this to to you Mr. Geller uh after all the bills that were signed by Mr. Bannis, can you give us an update on what the SP 180 is going to do to the uh Envision 2045? We've
done so much work here on that and I'm what I'm reading in the paper really is scaring me from what they will accept and what they won't accept and I'm really concerned about what it's going to do to our parcel down there at Clark and Orlando across from the mall. What
this kind of decision will do as far as what they're going to be able to do. So, whenever you can get to that, I I'd like some kind of update on that. >> My second item here is Rusty on consent item number three. >> Yeah. >> Um I've done some research on this and I
don't find anywhere where we've ever talked about the city buying property that's a not designed for city use or attached to a city piece of property. As a citizen of Akoi, I don't really see where we should be in the property management business. There's no need for
anybody to spend $235 or $75,000 to buy a piece of property that the city isn't going to use. I don't think that that's a wise uh use of that money and I just wanted to say that's my opinion. >> All right. You want to make any comments? >> Great.
>> Um the city is not in the property buying business um in the aggregate. Um, it is not uncommon, and you can look around Central Florida. Um, it's not uncommon for cities to buy a piece of property in
a downtown redevelopment area or main street area and put a plan for something that they'd like to see there and then >> sell it in the market. Downtown Winter Garden has been built off of that practice. Um the funds expended on this
item are in the existing budget and would not impact us moving into next year and the property is listed well below what we think the market is. Um we could go either way. Um but the the
I absolutely agree we don't need to be in the property management business. Um, but this is more of a strategic move on a quarter that the city commissioned um just spent $4 million um trying to create a book in so that
you have a block with McKe and Oakland and um that could be a strategic acquisition on that. >> Do you want me to That's all I have. >> Do you want me to address SP 180? >> Yeah.
>> Yeah. I've addressed SB80 before in here and I'll I'll do it again. Uh, our vision 2045 comprehensive plan has an opt out provision. SB80 says that a municipality or county for that matter
cannot adopt a more burdensome or restrictive land use uh provision. We got around that by having an opt out. So if a developer wants to develop in the city of Akoi, uh they are able to
use the prior version of our comprehensive plan. That way they have no serious argument that envision 2045 is more restrictive or burdensome. Uh I've not been briefed by the by the Florida League of Cities, but my understanding
is that there were no revisions to SB80 out of this past legislative session. All right, just a quick comment on the uh Mr. Gomer about the uh city buy and purchase. We're not like city manager said, I don't think we're in that business, but if you go to other cities
and one right next to us, Winter Garden, you'll find out that they've bought a lot of different places in their city to make sure they get the right development and they go out and find the people to come in and buy that lot back to build something that'll fit into the area, what we're trying to do. So, that's one
of the reasons to try to get a hold of that piece of property. All right. Um, mayor, if I may, um, I'd like to ask city attorney Geller to expand just a little bit, um, towards Mr. Gomeber's question, um, and explain
that we have determined that our V envision 2045 is in full effect um, on the heels of the challenge that well, not challenge, but the DOA hearing that we were a part of. >> That's right. the uh administrative
judge uh entered an order that was against the city's position, but in doing so uh sprinkled throughout his opinion noted that the
Department of Economic Opportunity did not have the legislative authority uh to uh issue a letter stating that our envision 2045 was null and void. Uh in addition in bringing the
proceeding before the department of of administrative hearings, the department of economic opportunity uh stated on the record in response to the uh proceedings that we began that their letter had no legal effect and did
not require the city to do or not do anything. And so, uh, putting all that together, we've come to the determination that Envision 2045 is is good to go and we're treating it as such. >> You through, Greg?
>> Yes, sir. >> All right. We're going to go down to the consent agenda. >> Um, I'm sorry, staff reports. Um, I thought you meant with respect to the the questions. Um, I have one really quick small item. Uh we have a contractor working on the reclaimed
storage tanks that are under construction at the end of Nicole Boulevard and we are in the critical phase of applying the um epoxy to the interior of those tanks and unfortunately the epoxy um only does
well on a temperature that's decreasing. So, we're ask I'm asking the commission's permission to extend the work hours for the crew that's applying the epoxy um to midnight on Wednesday and Thursday of this week. The only equipment that would be in operation
would be lighting and one compressor. Um we would would also have a um a employee on site to make sure that the noise level didn't exceed us an acceptable level. But it's pretty it's pretty vital that we do this. And so I'm asking
commission's permission to extend our our hours um from 9:00 p.m. cut off to 12:00 p.m. 12 12 a.m. >> All right. I'll consent. Good. >> Just ask Can I just ask that it be put on the website maybe for folks to um
Yes. If they're aware to be aware that >> I'm getting a headshake. Yes. That you're >> all right. >> Yeah. >> All right. approved by the commissioners here. Commissioner Oliver's out for death in the family.
>> All right, public comments. We did consent agenda. We got item one through 19. >> Mayor, I was going to ask for item three to be pulled, but I feel as though if no one else has questions, I I think it was addressed. >> That's why I was trying to get
>> Well, that's why No, but that's why that's why I asked Mr. GR I know wanted to speak on it. Something that's why I asked for that. >> I'm not going to pull it. >> I'm not going to pull it because unless someone else in the commission has concerns. >> I'll make a motion to approve consent agenda. >> Motion made by Commissioner Wilson. I hear a second.
>> Second. >> Seconded by Commissioner First. Any more comments? Let's vote. Motion carries with Commissioner Oliver Abs. All right, let's go down to item number 20.
This first reading ordinance for 1460 North Lakewood PUD annexation reszoning from Orange County A1 Central Rural District to plan unit development PUD and PUD land use plan
concurrency and commitment coordinator McFarland. This is the first reading. We'll read the uh ordinances and then two weeks we'll what is it? Two weeks 21st we'll have the open hearing where you can make comments. Go ahead.
>> The first is the annexation ordinance for 1460 North Lakewood uh PUD an ordinance of the city of Akoi Florida annexing into the corporate limits of the city of Akoi Florida certain real properties containing approximately 5.44 and 1.02 2 acres located at 1460 and
1446 North Lakewood Avenue west of North Lakewood Avenue and approximately 0.2 2 mi north of the intersection of Worst Road and North Lakewood Avenue. Pursuant to the application submitted by the property owner, finding said annexations to be consistent with the Envision 2045
AOE comprehensive plan, the Koi city code and the joint planning area agreement, providing for and authorizing the update of official city maps, providing direction to the city clerk, providing for severability, prevailing in the event of any inconsistency, and providing for an effective date. The
second ordinance is for the reszoning of 1460 North Lakewood PUD. An ordinance of the city of AOE, Florida, changing the zoning classification from Boris County A1 Citrus Rural District to City of Akoi residential PUD plan unit development on
certain real properties containing approximately 5.44 and 1.02 acres located at 1416 and 1460 and 1446 North Lakewood Avenue west of North Lakewood Avenue and approximately 0.2 2 mi north
of the intersection of Worst Road and North Lakewood Avenue pursuant to the application submitted by the property owner finding such zoning to be consistent with the envision 2045 AOE comprehensive plan providing for and authorizing the revision of the official city zoning map prevailing the event of
any inconsistency providing for severability and providing for an effective date. All right. That'll be back on April the 21st for the second reading and public hearing. All right. Go ahead. >> May I make a comment? >> Yes, sir.
>> Um in the packet on that in the staff report, it says that that parcel is located in district one and before that comes back uh after redistricting that parcel moved to district three. I'd like to see that corrected. Did
>> you get I've told take care. All right. Okay. >> Thank you. >> All right. Item number 21, first read of ordinance for the annual comprehensive plan text amendment to adopt five-year schedule of capital improvements and update the capital improvement element CIE project
concurrency and commitment coordinator. All right, we're going to read this too. This will be back again on April the 21st. An ordinance of the city of Akoi, Florida amending the Akoi comprehensive plan as adopted in 2025 as amended in order to comply with section 163.3177
sub paragraph 3 Florida statutes amending the comp amending the capital improvements element of the comprehensive plan providing for severability providing an effective date. >> Like I said, they'll be back on April 21st for the second reading and the uh
public hearing. Item number 22, first reading of ordinance amending the city of Okcoy municipal police officers and firefighters retirement trust fund. An ordinance of the city of Akoi, Florida related to the city of Akoi municipal police officers and firefighters
retirement trust fund amending ordinance number 2010-019 as subsequently amended providing for the restatement of the city of Akoi municipal police officers and firefighters retirement trust fund providing for severability of provisions
repealing all ordinances in conflict um I think we're going to change that to um superseding uh any ordinances uh in effect if there is a conflict uh herewith uh and providing an effective date.
>> Yes. >> All right. I'll be back on 21st of April for the second reading and public hearing. All right. 23. First reading of ordinance amended the city of Okcoy general retirement trust fund. An ordinance of the city of Akoi, Florida relating to the city of Akoi municipal
general employees retirement trust fund amending ordinance number 2009-02 as subsequently amended providing for the restatement of the city of AOE municipal general employees retirement trust fund providing for severability of
provisions uh providing uh for prevailing in the event of any inconsistency of uh any ordinances if there is if there are such conflicts here with and providing an effective date. >> All right. Now, item number 24, second
read of ordinances, public hearing. Number 24, second read of an ordinance providing for an amendment to chapter 7 of the code of ordinance >> related to the Oakcoy code enforcement board and special magistrate ordinance.
>> If I did I miss one? >> I lost 22. You did 22, but did you do? >> Yeah, I just did. >> You just did 23. >> Sorry. >> All right. >> Good afternoon, mayor, commissioners. Um, on February 3rd, city commission
voted unanimously to reconsider its prior decision to retain code enforcement board as the body responsible for adjudicating code enforcement complaints in involving residential properties. and instead uh they decided to move to a special magistrate system. On March 3rd, the
first reading of the ordinance was presented that amends the city code enforcement board and special magistrate provisions by eliminating the code enforcement board in its entirety and transferring its duties and authority to a special magistrate. And this is the
second reading. >> All right. Anybody anybody comments up here? Go ahead and read >> an ordinance of the city of Akoi creating the office of special magistrate to hold hearings and assess
fines against violators of the city codes and ordinances. Abolishing the city of Akoi code enforcement board subject to future reinstatement. Resigning all cases pending before the code enforcement board and all powers of the code enforcement board to the special magistrate. Defining terms.
Setting forth the terms of the special magistrate and appointment of a special magistrate prom. Establishing code enforcement procedures. Establishing hearing procedures and standards. Setting forth the powers of the special magistrate. Providing for administrative fines. Fines for the cost of repairs
made by the city. Leans. Procedures for applying for and considering lean reductions and releases. Satisfactions and settlements. Providing for notice to affected persons to affected parties, excuse me. allowing for enforcement by other provisions. Providing for appeals,
establishing a code enforcement recovery fund, providing for severability, providing for conflicts codification, uh, and an effective date. >> All right, I've got I will open the public hearing. I have two
forms filled out. I have one here for Mr. Warren Lewis. We have three minutes. What do we normally do? >> Good evening, Mr. Mayor, city commissioners, ladies and gentlemen. My name is Al Warren Lewis. I'm currently
the vice chair of the code enforcement board for OKOE. I'm here for two reasons tonight. First, because the narrative being used to justify eliminating the voluntary code enforcement board is inaccurate and unfair to the volunteers
who have served the city with integrity for decades. And second, because I believe that the hybrid code enforcement system of the nature that I proposed this morning to the city would which would include both a magistrate and the
volunteers would be the best road for Okoi. First, for months, I have respectfully asked the public that the public record be corrected because the information presented about the board's performance was inaccurate, and those errors have
now become the foundation for a major policy decision regarding the code enforcement process. You were told things such as, "We didn't support higher fines. um we don't follow staff recommendations
and that was the reason why fines were low. None of these things were true. To the contrary, the board after due deliberation has routinely followed recommendations made by the city's code enforcement unit. Interestingly, in the
wake of this controversy, the code enforcement unit at the board's most recent March 19th hearing presented nine cases and recommended fines ranging from $100 to $250 per day. This was a significant increase over the unit's
longstanding practice of recommending not more than $50 a day for fines. Of those nine cases, seven were approved exactly as recommended. One was reduced from $150 to $100 per day and one case
was continued until April. This single hearing disproves the narrative that the board is unwilling to to impose u meaningful fines. The records show the opposite. Yet, the city has allowed incorrect information to
stand uncorrected and to be used as a basis for dismantling a volunteer board that has served the community faithfully. It goes without saying that a correction of the public record is needed. The second reason that I'm here tonight
is Florida statute provides that these laws for code enforcement can use three manners. a voluntary code enforcement unit, a a vol voluntary code enforcement board, a special ma magistrate, or a hybrid system that uses both. In the
proposal that I sent to the city this morning, I'm proposing a hybrid system that would incorporate both the use of the special magistrate and the citizen involvement in the citizens board. Indeed, there are many cities in
Florida, including Tampa, St. compete, Gainesville, Tallahassee, Jacksonville, and Orlando that uses hybrid system. A hybrid model preserves efficiency while maintaining public trust. It ensures
that residents have a voice. It strengthens transparency and it honors the principles that government works best when citizens are part of it versus being pushed aside from it. I close with a very sad commentary
that's glaring especially this evening. Earlier this evening, the commission issued a proclamation for National Volunteer Appreciation Month, honoring the dedication and service of the many volunteers who contribute to our community.
Yet at the same time tonight, the city is eliminating one of the longest serving voluntary boards that we have and doing this based on a narrative that's grossly inaccurate. One cannot purport to celebrate volunteers while dismantling a voluntary
board that has served faithfully and refused and refusing to correct the record about the performance of that board. Such a contradiction undermines public trust and raises serious questions about fairness, transparency,
and accountability. I'm asking the city commissioners to firmly and respectfully to correct the record and to adopt a hybrid model instead. >> Thanks, sir. Thank you. >> All right, I got one more here.
Mr. Bander. Y have one of my code enforcement uh board members here to help me with something in a minute, but just to hang tight. Commissioners, mayor, thank you so much for letting me speak this evening. And
thank you to the commissioners that I did get a chance to talk to and the mayor and uh I'm sorry that the other two commissioners I didn't get a chance to um um but again I'm I'm sorry. My name is Joe Bander. I'm uh chair for the uh AOE code enforcement board, the
residential board. So the what I'm here to speak about tonight is maintaining the the current AOE residential code enforcement board versus a special magistrate. Listen, the board has been in place for 45 years. They've served the community
very well. um they're made up of of a very diverse group of people with varying backgrounds and and those backgrounds come together to to be um uh that's the strength of the board. Okay, these people with differing opinions
versus someone just a single person. The um special magistrate I don't believe is from the Yakoi area, so it's not a resident. uh you have one person who's going to rule and judge and you don't know if they're having a good day or a
bad day or you know maybe they don't like the person that's in front of them. Maybe they look like an ex-wife, a girlfriend or or something like that or maybe they just don't like redheads. Um at the end of the day, we're looking for someone who can do fair and just
rulings. And that is something that uh that the code enforcement board has done well over this period of time. Um, you know, I have uh illustrations of past uh boards uh decisions and for the most
part we have gone with the code enforcement officers recommendations for fines and that kind of stuff. But at the same time, we also want to have fair and just representation for the citizens of of AOE. This is our
city. You know, this country is based upon of the people, for the people, and by the people. And we we shouldn't forget about that. You know, this board right here is made up of diverse people, too. And you
know, if if a if a board wasn't important, then then I would say resign your positions. You have a city manager and you have an attorney. you have an ideas guy and you can have a guy who makes it legal. But if you feel that this board is important and it's and and your
backgrounds are important in making your decision-making process, then you only have one decision is to support the board, not going with a special magistrate. So I will tell you that uh I have a couple minutes left and and I I struggled with this to find
out what is the best thing for the city of Akoi and I believe it or not one resident came up and said hey why don't you why don't you start a petition and see whether or not
you know the people want this. Well, um, if you will, I need you to unfold these and and hold them up. So, you're going to see a little over a hundred names here, okay? Of of citizens from all your districts, four, district three,
District 2, and Commissioner Kenny, District 1. And you're going to see these names, and and these names are of the people who do not want a special magistrate. They want to maintain a a
code enforcement board of their ne by their neighbors and they feel like their neighbors are the best ones to be able to pass judgment. So um you'll see these names like I said the um
the interesting part about this petition is that it did not follow a standard statistical curve. If anybody knows about statistics, there's a bell curve. The strange part about it, it was 100%
100% of the people that I talked to were in favor of keeping the board and not having a special magistrate. That's so unusual, but that's what that's what what happened. I made sure that the people that are on this list are
citizens of AOE. And but there were other people that I talked to that were overheard and they said we wouldn't want that on our city. We wouldn't want that in you know to we would prefer to be judged by you know our neighbors.
So at the end of the day commissioners please consider the will of your constituents. This is what you were elected to do is serve the people. And these people
are the people that elected you. So, are you there for them or for some other purpose? >> All right. Thank you. >> I appreciate it. >> Thank you. All right. That's all the u public
uh comments. So, I'm going to bring it back, close the public hear, and bring it back up to the dice. >> All right, commissioners. All right, Commissioner Kennedy, >> thank you very much. As noted, uh both Mr. Lewis and Mr. Bandur are residents
of District 1. Um and as I uh committed at the last meeting, I've had extensive uh I say extensive conversation and correspondence with both of them. Um I want to start with uh Mr. Lewis's
comments. Um I think we all agree, but um without speaking for the entire commission, I'll speak for myself. I think we all agree and I know the city manager agrees because I discussed it with him that the
information presented to the commission in a public hearing must be accurate and reflect the record. Um it is true that in some uh
material or immaterial ways uh unquantified uh there were some misstatements um in the presentation. I've asked the city manager
to do his due diligence and look at whether the uh the record was misrepresented, whether there were just some misstatements. Um some of them are pretty trivial. Um there's some confusion about January
of 25 or January of 26. So just an I believe everything that I looked at was an honest misstatement. Um, I didn't find any misrepresentation of the actual record.
There's some dispute about that and there's some opinions about that on to what degree did the code enforcement board follow the recommendations of staff for fines? Did they do it all of
the time? most of the time, some of the time, and I think there's some disagreement there. And I asked I gave uh I gave my word to Mr. Lewis and Mr. Bandor that I would ask the city manager
to get the facts. And I believe he did that. And so, um, I know that the city manager already took responsibility once for the letter that went out to the board members and corrected, uh, that and I'm sure, uh,
given the opportunity, he will correct the underlying record. Um, as speaking to Mr. Lewis and Mr. Andor and evaluating the performance of the citizenbased code board.
Um, I have been one of the more outspoken commissioners in expressing my displeasure and the residents that contact me their displeasure
with the speed with which their issues receive resolution uh in code due to the quorum issues that existed. In other words, if you have a problem with your neighbor and you have to wait six months for the code enforcement board to make quorum, that's an issue. And people write and complain
once a week. Commissioner, what are you doing? What are you doing? What are you doing? When is code going to do something? Um, and what was not presented in the record at the last commission meeting was that although there was a period from October
24 to March or so of 25, the code didn't meet and part of that was because they didn't they voted not to meet in November and December of 24. They did meet they moved their meeting
and they did meet in November and December of 25. And so we've been assured that that particular complaint has been addressed. What I found in uh having a very candid conversation with these two gentlemen is
that they were very receptive to feedback. Uh when I pointed out problems with outcomes that the I as a commissioner perceived and had been uh asked to solve by residents,
their immediate reaction was mostly well we didn't know. We hadn't heard that. We didn't receive that feedback. If we had we would have addressed it and pretty much universal
agreement that it's in the interest of everyone to have a well functioning code enforcement board. My conclusion after those conversations and I've had other similar conversations
with P&Z members is one of the problems and I've made comments here before about commissioners that are liaison to citizen boards making sure that the boards understand and maintain their mission and commissioner expectations for their
boards. is these two boards which frequently we're not happy with the outcomes of are not have no liaison. There's no commissioner that is giving
feedback to these boards on the uh the citizens advisory council for the OPD where I am the liaison. Um I've given very direct feedback both to members and to the chair. Um I'm
sorry that's not what the mission statement for your board says you're supposed to be doing. uh please direct your activities somewhere else. If you have a question, get with the chief, get with the city manager, seek uh confirmation.
Um and we've also had an instance where we've had really strong sergeants from the police department and we've had weaker sergeants who maybe weren't as outspoken and direct with their direction. And the same situation I've
observed is is occurred with code. Um right now you have a new very strong sergeant um that just started working with code. Um and I have good expectations of him. I think the um I think the citizen board
approach is good. I think what's been lacking is probably some feedback and coaching and I think the hybrid model is worth considering. I think if there was a magistrate there
to advise and give feedback to the board, I think that's a reasonable request. And I think the rest of the commission's complaints can be resolved through a process like
that. So although I voted based on the information I had at the time um to go with the magistrate, I'm open to requesting more time um to evaluate as as Mr. Lewis said, he presented this
solution this morning to the commission in an email. Um, I would be willing to vote to extend time to evaluate what a hybrid system would look like, to maintain the citizen involvement for the reasons stated, and also to try to
correct, but definitely to to reset and to correct the observations the commission has had and the complaints with specific outcomes. That's my comment, >> Mr. Wilson. >> Thank you. I think I'm going to agree with some of the items that Commissioner Kennedy has
brought up already at this point, so I won't be redundant. I'm going to apologize. First of all, I agree that very um poor timing giving a volunteer appreciation comments during this. I'm noticed that when I read the agenda over the weekend, I thought just wasn't the right time.
So, I do apologize for that. Um we do value our volunteers. We don't want you to feel as though you're being thrown out. That's the last thing I started. I've been on the commission for a while, but I started out as a volunteer on a board in this city. Many many boards. I was on probably three or four boards at
the time. And um we always want I want you to realize how much your time and energy that you put into this, how valuable it is. First of all, um I have spoke to both Mr. Lewis and Mr. Bader over this and I think I've learned a lot
of things that I didn't know. I think you enlighten me greatly and I tend to um I'm sitting here going back and forth over this because I I want you to know the value of the code enforcement board and your time and the effort that you've put in. Um I know it's a quasi judicial
if I'm correct. So that's probably why there is not a leazison attached to it. But um I don't think that we've had the communication that we should have had. Um yes it was it was it dismayed me when we had three months that we didn't have a quorum. That creates a problem because
as we live next door to folks that maybe um have issues that we're not appre we don't appreciate, we'd like them to be items to be heard before the code enforcement board. After speaking after reading Mr. Lewis's comments today, I went back and read watched one of the code enforcement boards meetings. Um I
don't believe in going to these meetings. I'll just say that. I've told Mr. Bander that because um I don't think it's appropriate. This is your board. This is your comments. um this is time for you to speak, not for me to be in the audience. So, that's the reason I have not. I always ask that if I have been to them. No, I have not because I
don't believe I should be there. Um I know that it's noticed we can, but I'm going to stand firm to that idea. Um I tend to want I think at this point I think I'd like a little more information. I'd like to in my opinion to go to give us more
time. I think that we've been given some information, but I think we also have to take what was said to us by the board members and I welcome more to come forward and speak to us individually because as you know, you can't speak to us together unless you're here. But um I
think it was an education for me at this point for what I've learned. And um I've always had a problem with code enforcement. I'll say that only because I never like neighbors as I say pitting against neighbors. And that's what happens even with legislature. What they did was they made these when you make a
violation complaint, it used to be able to be anonymous. Now it's not. So your neighbor knows who reported them and but I do appreciate what the board has done. So I think I'm I'm tend to I think listening to Commissioner Kennedy, I always say that we learn a lot from each other speaking
and but um and this is where the avenue where we are able to listen to each other. So, um, I'm thinking that right now. I still want to hear what the other members of the deis have to say before I make my decision. Thank you and thank
you for your time and thank you to all the volunteers. I am very apologetic for the timing of that proclamation. Commissioner Fner, I initially felt that a third-party
special magistrate would be a more impersonal dispassionate type ruling on these code violations. And that's a double-edged sword. Uh whereas if the
feeling isn't there and the understanding isn't there, it could be unfortunate for some of our residents. I do appreciate the fact that you put in a lot of time, a lot of effort on the
board and you gave it your best shot and we do appreciate it and we know you did a good job. uh over time we talked about the amount of fines, the timeliness of the fines, the amount of collections and
everything. I don't know if uh a special magistrate would increase that and if he does, at what cost? Um I never thought of a hybrid system.
I'd be willing to look at that. >> Uh I think that's what we may uh want to do is just step back and look at a hybrid uh type system between a board and a special magistrate with residential. That's all. All right.
All right. Well, it's it's kind of a toss up now. I'm going to mind not even say anything. just let these commissioners that change their mind from the first time we made this motion uh that they brought it up and somebody I didn't make it somebody
made the motion to do this so they had a reason. I will make a couple comments on this. Let's get it understood. I don't go to planning and zoning board meetings because when you go to them over the years, they're gonna get you up there in front and want you to make a comment about the project that's coming on
board. That's not my job to be doing that. It's the person on the planning zoning board's job. That's why I don't go to those meets. And I guess it was a comment sent around to all the people on the board that I didn't go to the meetings. Well, I do go I've probably been to the code enforcement board
meeting over the years more than anybody else on commissioners or mayor. So, I don't want that comment to be sent out. Somebody's already did that quick as the meet was over. I also just got through asking the city attorney where was the mistakes that was made in the
comments. Was there any that need to be corrected? >> I'm not aware of of what the mistakes were. They weren't identified to to my ear if maybe one of the other commissioners can point to what the what
the error was. I I I um Well, beside the point, nobody's got the guts to do things sometimes when they're supposed to. And that's the problem about sitting on a job like this. You got to have guts to do what you're supposed to do, no matter what the thought process. So,
that kind of explains it to me. I had a I had I knew that this was going to come about tonight because I knew you got to have this steadfast to stick to what you say you were going to do and it don't look like they do. Now, Commissioner
Oliver is not here tonight to make his comments. I'm going to tell you it is not all somebody was out. They didn't have enough people. I think they said four months of nobody to do code enforcement. Now that is also a problem
with us that we didn't have alters. You do not have audience on that board. >> Huh? >> No. >> No sir. >> Well, there's a problem too that the city's responsibility. There should have been ordinance on that board. So I I I don't worry about u what's going to
happen seven or eight nine months from now. What I'm worried about is what's happening to the city. I'm going to let these people make the motion they want to make. I'm going state I I you know we sit up here and you're supposed to be able to handle the job and make the comments and
say the things but once again I don't go to those meetings. I'm not supposed to and I don't go to them because you you get involved in the activities and I'm not going to do that. It's not my job to make whatever the comment is. And it is some of the things
I went back and looked at them. Some of the com some of the things that sit there about the comments on how much we charge. We have a set fee for certain things. Then they'll extend it from your neighbors living there with a mess and then they going to say we're going to
spend it for two months and let the mess drag on. And the other part is code enforcement. Believe it or not, folks, that's a hard thing to get control because people, they don't want to do it. They just put the code issue on their bill and that's
it. We got a house. I keep telling people right up the street here, it's got over a million dollar worth of fines. A million dollars, but we can't get nothing done about it. So, no, that's my comments. I'm just telling you when you take this job, do the job. And I'm not going to get involved in it.
Y'all make the motion how you want to do it. So, it's up to y'all. Did >> we get to respond to your comment? >> I didn't respond to yours. >> Okay. Well, it just seemed like you were making >> No, I'm just telling the facts. No, I'm
not making accusation. I'm just telling you the facts. Everybody can You can make your mind and change your mind, Commissioner, but I knew what was going to happen tonight because it's it all comes down to certain things. And that's fine. Y'all make the motion. I'm not I'll go along with what you want to do.
code to enforcement. That's what you want to do, then we'll do that. But >> okay, >> you know, they wouldn't one person, not one person sitting on this dice at that meeting went the other way. >> Not one. >> And I I think I've been accountable for my vote. The city attorney asked invited
uh if a commissioner wanted to address what the inaccuracies were. Do you want to entertain that or >> Nope. >> Okay. >> I said, y'all want to make a motion? That's going to go now. We on we're on 24. Y'all want to make a motion? Make the motion and we'll go along. Uh, >> it's up to you all.
>> Okay. Uh, I'll make a motion to suspend this item for 90 days to evaluate uh, what a hybrid system would look like since that option was not presented to the commission and we were not aware that that was an option.
>> So, your second >> I can't second that one. What? And if I could just say to to clarify, I don't know if I want to discuss the hybrid, but I'd like to go back for 90 days and evaluate the um
code enforcement board at this point and see what changes could be made before we would go ahead with the magistrate. So, I I differ with you on the >> and I do have the guts to make that motion. I I'm just not I can say that I kind of
took was I'll wait for my five minutes to say how insulted I was, but um >> I'll second that. >> All right. Motion made read out that motion again, but you added to it. So >> I'm making the motion to re-evaluate the
code for an issue in 90 days. Um I think it might need more than 90 days and but we'll say reevaluate in 90 days. I'll second. >> All right. Motion made. Here's com comment time. If if Why could you not
have the the code enforcement board and a magistrate? >> What Craig? >> That's what we're discussing. >> Well, we're talking about different things with that, but I'm just saying I brought this up to Craig after that meeting we had back then. Why can you not have a judge or magistrate there
with the citizens board to help discuss it and come to the right answer? Okay. >> Yeah. I mean, I'm willing to re adjust my motion. I say restate it, but are we >> That's not provided for in the statute. >> What? I answered that.
>> Not in the statute. >> Hybrid. >> What's a hybrid? >> What the h? >> Mayor, um, we're we're having a lot of speculation, so we want to make sure we enter Mr. Lewis's email onto the record because he had a specific proposal that
would have the special magistrate um sitting as adjudicator and the code enforcement board being responsible for um a check and balance if you will evaluating the actions by the code enforcement team. Now you actually have a hybrid system right now. You have a uh
magistrate that hears non-residential items and a code board that hears hears residential items. Um, you know, I I could work with either approach. Um, uh, the the one thing I would say is, you know, you have a
hybrid system now. Um, that speaks more to what Commissioner Kennedy mentioned during his comments. Um, the magistrate typically acts as the attorney um to the current code enforcement board. So,
we've now um the commission has approved a contract with a new magistrate, Mr. Fowler, retired. So, um if you're asking me my re recommendation, I would actually recommend that um if you're
wanting to continue um versus evaluating the proposal, I would I would recommend that you just continue as is with the board versus having that hybrid. The only thing I would say um we need a more aggressive approach from an attorney if
we're going to do that because the commission's directed me um to get tougher on code violations including and up to um foreclosing non-h homesteaded properties. So the legal chain of custody created by a magistrate who
would be an attorney would be important to have involved um with the procedure as well. Um so if My recommendation today would be um if you feel that way based on the comments that you have um
you'd better be better off um just going with the current system that we have now >> and not having a judge, >> right? Um you have a code board. Um, I love the idea of having a check and
balance system, but that that's difficult for uh defining a code board that's going to do a quarterly review of recommendations made by the code enforcement unit. Um, we should be doing a better job of that as staff um
reviewing their recommendations. Um, I had some good conversations with Mr. Vander today about that and I've already um identified several areas of course correction that we need to do. But um if you're asking my opinion, I would say either go with a magistrate all in or
stick with the code board as it as it sits right now because you will have a new attorney um representing the code board um who is a magistrate who would presumably um be a lot more aggressive um with
creating the legal chain of custody necessary to uphold in court during a foreclosure case. So why don't then why can't we just go ahead and make a motion to make back it like it was >> basically that's what my motion was
>> not 90 days >> well to reevaluate in 90 days because at this point there may be issues that we need to get alternates on that board >> well that that's we have to add that we don't have alternates >> and we don't have alternates but there's a need for alternates there because if you're
>> yeah I look at this and I mean you know people folks have issues in their life that will cause them not to be able to be at a meeting. But we need to have multip maybe two alternates on that board who will be there and understand
that they are all themselves meeting. >> In my notes today from my conversation, >> we don't have >> I was told there were seven members and two. >> Well, I'm asking the lawyer if we have if it's in our ordinance that we have
can have it. We just have to say, >> can you tell me there were seven members and two? >> It's a seven member board with two, >> right? >> Yeah, that's right. >> Right now, we currently have five >> and there's a hundred people that signed that petition. Why aren't some of them stepping up to say I'd like to be on the board?
>> Where are where No, where he checked it. But where are those where are those folks? People have a lot of opinions, but you know, we need people to step up. Just say leave it like it is. >> Want to make I know you got a motion on for it, but you draw it but just say we're going to leave it like it is.
>> Well, s I wanted to reevaluate and see how they're doing. If if they not having quorum, I'm sorry. If you end up a few months of no quorum, I want it back here. >> So you you're you're less alternates. You don't have ordinance now. We we are short two board members and two alters.
We only have five people currently on the board. >> That's >> Well, would you like the gentleman sitting beside you? Would you like to go back to that board? >> He is he he is a board member. >> What? >> Well, no. >> I know what you're asking. >> No, >> he's on another board.
>> You already left me. >> Oh my gosh. >> What does he want to go? >> Where is that letter? >> You folks want to go back on the board. >> We got the motion on the floor. I just say you leave it like it is and go on and then we can do the studies while you're doing it better. >> Come back and do it like it is.
>> Well, mayor, if they don't get if they don't get more folks on there, then we have to go back. >> Well, we nominate somebody. We got to nominate people. >> We got to get people to come on who want to come on. >> I'd like to see those. We need to turn those hundred names in. >> We'd be glad to send them a letter. >> Okay. >> See if we can get them on the ward.
>> And are we willing to come back? >> So, here you are. We got you a chance. >> There we go. >> All right. >> May ask one question of the city manager, please. Um, is it, if I understood what you said, is it your contention that
the new magistrate will help close that feedback loop and coaching of the citizen code board and address our complaints with the outcomes. >> Yes. >> Thank you. >> Say that again.
So the uh lack of the liaison point that having a new magistrate will that that person will be more aggressive in giving code feedback and coaching on expectations of staff and the commission.
>> Um can I can I speak mayor? Um couple points I wanted to make uh on the record. um code enforcement board is a quasi judicial board and and so it's a little different when you talk about liaison because they can't interact like they would with some of the other
advisory boards. Um but I absolutely um believe that something that has been lacking is um a more aggressive liaison and attorney presence with the code board. Um, and I also believe um that
the code board needs more training um as does city staff that are clerking the code board. >> Um, and that's something that is easily easily corrected. I think getting everyone on the right path um that the
commission has put me on by direction is is what's in order here. Um, and then we can properly evaluate their performance. Um, after we make sure that everyone's clear on what their mission is,
um, couple things that happened during some of the meetings I've watched is the code enforcement board should not be giving zoning advice. Okay? And the attorney should have jumped in immediately and corrected that. And I'm not trying to disparage anyone. >> Wasn't this attorney
>> with that, but >> pardon? >> It was not this attorney. >> It was not Mr. Geller. um it was a a lovely individual who's now retired. Um but we have to be aggressive in advising them as staff and as attorneys and
that's something that we hope is addressed and by all accounts we believe that to be true of the new um magistrate. >> Okay. So >> I have one more question if I may with your indulgence. >> Is there uh if we don't there were two
parts to the ordinance. one was uh part one was the magistrate. Part two was the additional finding the increasing of the f there was a a part B. >> Um I don't want to lose part B.
>> You read it off. >> It's already been it's >> you know >> we've already read the entire ordinance. >> What's the part you approved part of it? >> Trying to find it. >> I have it. We are looking for that. Mr.
Lewis, are you Can I use that? Mr. Lewis, are you willing to stay up to >> Are you willing to stay on the board? >> Yes, I plan to. We still have the board. Yes. >> Okay. >> The the part two was the ordinance further standardizes procedures for lean reductions, releases,
satisfactions, and settlements. Part one was the special was assigning the special magistrate and his authority. The second part was uh new criteria. of the fines set forth in the ordinance are 1,000 per day. Five are we still going up with the fines and
that second part of the ordinance. >> Can you do that or up? >> So are are you refer rewritten and represented? >> May I ask just for clarification? You're talking about section 7.9 of the ordinance section uh >> I don't know. I'm reading the staff
>> the staff recommendation. He's he's focused on that. The ordinance you prepared does the transition to a magistrate, but it also establishes greatly increased fines. Yes. Pursuant to commission direction. >> Um, >> so can we just strike I'm asking if we
can just strike make a motion to just strike the assignment of the magistrate and keep the rest of the ordinance. You might have to bring it back. >> Bring it back. I would be more comfortable bringing it back because we're making such drastic changes here that I would want a first and a second reading.
>> So I I'd want to put that in our motion. >> Okay. >> You want me to go back and clean up the whole motion? >> Okay. Uh starting over. >> Uh >> yes, we can't. >> Well, I think we have to amend
Commissioner Wilson's motion. Then you need to amend your motion or withdraw it >> for withdrawal of the >> You can do that. You could withdraw it. >> Should I withdraw mine? We'll start over again. I'm going to withdraw my motion. >> Okay. What about >> Okay. Uh, I'll make a new motion
to stick with the citizen-led code enforcement board um to have staff bring back an ordinance that maintains the stricter finding regime but not the assignment of the magistrate.
and for staff to uh advise the commission on a go forward basis of their evaluation of the effectiveness of the magistrate and if necessary commission can reconsider at a future date
>> of the magistrate or the attorney who will be >> that's the same thing >> is the attorney >> he acts as the attorney for the commission will >> act as the attorney >> motion made by commissioner Kennedy seconded by commissioner Wilson Any more comments to that?
All right. Uh I will I will say something. I I I think going back to talking about what we made it to start with and not what what we're doing now. Sometimes in in in in the in your voting part, you might have to vote for something else and then you you you you
don't vote for what goes with the program but or not goes with the vote majority. But that that is what you have to learn to adjust and live with and get on with it. So that's what I'm gonna do with the rest of them. All right, let's vote. Motion carries unanimously. Commissioner
Oliver missing. All right. Thank you, gentlemen. All right. Number 25. And if you want to get back on that excuse me. Okay. Um,
you want to get back on that board? Let him know. >> He said yes. >> All right. >> I'll think about it. >> Okay. All right. You can stay on the other one also. >> Yeah. >> There you go. All right. We going to Mr. How about a
um I need him here, too. So, I'm going to take a two-minut break. Three minute break. He had to go. >> I'll take a break. Yeehaw. I I could told you to do that. I just She did it.
I appreciate you. Hey, see you. >> Take care. Are you I said we're taking seriously Wow. All right. >> Yeah. Include Mike, please.
>> Include Mike. >> Mike. Yes. >> Yes. I heard I heard rumor The mic should be working. So that's good. There's enough people came before me.
I'm okay to share now. >> I can share now. >> Oh, wait. >> Excuse me. Who's the clerk? Thank you. Do you have a copy of that?
>> online. I just thought maybe we would have a full copy of it. >> I didn't get all of it. >> It was lengthy. >> It was lengthy. Okay. Thank you. >> Yeah. Thank you.
>> Bring the meeting back to order. Go to item number 25. Approval 124 1248 B Thomas property bar request >> we have planner here. All righty. Good evening everyone.
Tonight I'll be presenting on the Thomas variance for their property located at 1248 Verde Pines. For issues, it is whether the honorable mayor and city commissioners should approve the variance to section 5-6B of the land development code to allow for
the use of a to allow for the location of an accessory use and structure within the sideyard of a property for the purpose of constructing a pickleball/basketball court. First, some background on the property is located within the Ardan Park PUD
plan unit development specifically within the Ardan Park South community. Um in total the lot is a little bit under half an acre in area. Here we have the aerial photography of the lot um showing the existing conditions.
And then this is just a few um angles of the property so you can get a better view of what's currently there. This is the future land use map with the low density residential zoning um future land use. And then this is the
surrounding zoning map with that PUB designation. So per section 4-9A of the land development code, a variance must demonstrate meeting four different criterias. The first is that there are special circumstances or conditions that exist on the land that are peculiar and
not otherwise um prevalent in other properties. The second that the literal interpretation of the regulations would restrict the applicant of rights commonly enjoyed by other property owners. Third being that the special conditions and circumstances are not the result of the actions of the applicant.
And fourth that the granting of the variance request will not confer special privileges to the applicant. So, here's a proposed survey um indicating the sports court as well as an unpermitted paver walkway which will be removed and
redone with another permit. And then this is a survey drawn by staff just to clearly specify what is considered the sideyards and what are considered the rear yard. And with that, staff have found that there are no peculiar conditions that
exist for the land. Although is a pies-shaped lot with the slightly larger sideyards, um this property shape is this pieshaped lot is seen in other um
communities in the city. Um and those residents with their larger properties are still subject to the same requirements. Second, that the literal interpretation of the code does not deprive the property owner of rights um commonly enjoyed by others as they are still able
to build in the rear of their property. Third, that the actions the request is a result of a denied building permit application. Uh the applicant did submit for a permit prior to construction to build the sports court with a retaining wall. uh staff has directed them to re
relocate it to meet code um to which the applicant is still pursuing the variance to have it in the sideyard. And fourth, that the variance approval would confer special privileges as all other property owners of single family residential lots are subject to the same requirements.
And with that for recommendations, the planning and zoning commission met on the item during its March 10th public hearing and made a unanimous recommendation of denial of the request. And similarly, staff is also making a recommendation of denial of the request to section 5-6B of the land development
code to not allow the location of accessory use and structure within the side and rear of excuse me within the sideyard of the property. And that concludes my presentation. I'm happy to answer any questions. The applicant and their contractor is also here.
>> Okay. All right. Call public and call up land. >> Commission. Mayor. My name is Landon. I'm the contractor for the Thomas residence. Um, did you have any questions for me immediately? If not,
I'll give you an overview of uh kind of our case. Yes, he is. >> Uh, yes, sir. We both have filled out the form. Thank you. >> Yes. >> Fantastic. >> Are there any questions for us before we begin? Anybody got any questions before?
>> No. >> Okay. Um, it's on the basis of two reasons that we would like to receive accommodations for this court at its placement. Uh, the first being that there is no other location to relocate the court to. As you'll see on the um
the overlay of the survey, there currently is a pool enclosure directly behind the house. So, um there is no other place for us to functionally have this court and it be suitable for the purpose of pickle ball. So that's the first case. Uh the second is that um I
would like to speak to the fact that this would be if this is not approved, it would be depriving um the resident of the rights uh to enjoy this. Um whereas other residents are enjoying something similar. I'd like to speak to the fact that the um house number 1229 right
across the culde-sac um does have on um the public record approval for a concrete slab for the purpose of a sports court on the right side of the property. Um and so it's with this that I'd like to say that this would be uh
depriving uh the Thomas family from enjoying this right otherwise enjoyed by other residents. Thank you. Um, if I may add to that comment, the property and reference at 1229 Verde Pines did apply for that permit in 2022 for a 40x30
slab. However, a majority of it is in the rear. Um, when they submitted for the permit, there was no clarification for the use for sports court. It was just a slab and it is in the rear of the property. Um,
do you know as a matter of record if either property received, it's a HOA. Do you know if either property received uh ARC approval? Either 1229 or 1248 for that. So those slabs,
>> I do not recall one being submitted for this permit. Do you know? >> Yes. Yes. the HOA uh ARC did approve this for the neighborhood. >> Okay. >> Thank you. >> I'd like to note that staff does not however review said um letters unless it's for permission to install a fence
within an easement dedicated to the HOA. That's the only time we'd review something by the HOA. >> Yeah. And you're right. I know they don't like me to ask that question. >> I'm I'm the HOA rep on commission.
That's it. >> All right. Anybody else? I just wanted to talk to the >> Yeah, that was my question is I wanted to ask him if he had that because it wouldn't presented at the planning and zoning meeting that I watched. >> Show anything on screen. >> Uh yes,
>> I'm going to go ahead and change the camera. It's going to show up over here. >> Okay. U first of all, greetings everyone. I'm James Thomas and uh been a resident of Akoi for about 15 years now. Also a
former volunteer with the city. Um first I'd like to share that yes it was approved by the HOA. Okay so that's one exhibit >> and then also I would like to share
this. So, this is the home directly across from my house. So, I sit in my living room and look at their house every day. And guess what they have on the right side of their house? They have a sport
court on their sideyard. And the reason why is because we don't have very big backyards. I mean, I've got about maybe eight feet. I mean, there's just not much backyard. That's why we have our property on the side. You know, I got a half acre here and so uh the side is
where the space is. >> I can't Can you speak in I can't hear. Can you turn the volume up, >> please? Not you, young lady. >> Okay, I'll just Oh, I'm sorry. Yeah, I was missing it. Let me just start again.
>> Okay. Uh, first of all, I did share that the HOA did approve it and um, ever since then, I've been trying to get uh, my approval from the city and um, my neighbor has a home directly across the street from me with
a sideyard with a basketball court. If you can see this image here, no different than what I'm trying to get. You know, I'm not trying to modify anyone else's property. It's the property that I bought. It's my property
and it's been approved by the HOA and my neighbor has the same thing across the street. And so I'm not asking for anything special. I'm just asking for a place that I can take my kids and grandkids out and play. That's it.
Any questions? >> Any more? >> Yes, sir. >> You have any questions, Mr. Fner? >> No. >> Nope. All right. Did Did the neighbor >> Did the neighbor turn his into the city? >> Yeah, he had a permit from city for a slab. Yeah, >> we have documentation from 2022 for that
property submitting for a slab permit and it's approved to be in the rear of the property. Um, that's not to say that there's been modifications since then, but for what has been permitted, it was a slab in the rear of the property. >> It was a slab and not pickle ball or
tennis. just came in as a concrete slab. Um, looks like if it's being used as a sports court with how it is currently located, that is still compliant with code. >> All right. All right. All right. I don't that looks like that's all the
questions. So, >> all right. Thank you so much, everyone. >> All right. All right. I need a motion. Um, I'll make a motion to uh this is a request for a variance. Yes. >> I'll make a motion to deny the request
for the variance. Um, although I find the ARC approval interesting and compelling, I feel that only partially addresses the four components that must all be present to grant a variance. So,
I'm going to vote for Den. I'm going to make a motion for >> Den. We have to have everybody here. >> All right. Anybody else? >> I second that. >> Huh? >> I second that. >> Okay. Would the homeowners association pass the variance for it? Right. Is that
what you're saying? >> They didn't pass it. It was approved by the home. >> It was approved by the homeowners association. Yes. >> I have the document here now. I'll show Aritectural review. >> Yeah, architectural. >> We have a motion to second.
>> I think Mr. Fner. >> Yes. >> You second. >> You seconded. >> Okay. All right. Re repeat repeat the motion. >> I make a motion to deny the variance. >> All right.
Question. Is it legal or illegal to do that? >> It's not totally in the backyard. That would be a right >> I believe it is legal to deny. >> Okay. All right. Let's vote
voting on your motion again. >> All right. They voted yes not to pass the bar tonight. >> Oh, vote yes. Huh? >> Voted. >> We voted to deny the variance. >> Voted to deny. Okay.
I guess we'll continue. Thank you. >> All right. >> Thank you. >> Can it is that because part of it was in the front >> was going to be the side jaws working. >> Yeah. All right. Item number 26
approval. Oh, item number 26 is I'm going to read it. Applicant request to continue in order to hold a community meeting item will be advertised at a later date for future city commission meetings. >> You're going to read it anyway. Read
that. >> All right, >> mayor. I wasn't uh planning on reading anything from that. The request was to continue. >> So, we don't need to vote on it. >> 27. >> We're not going to vote on it, are we? Okay. All right. We going to move down to 27.
approval of uh resolution for the abandonment and vacation of a portion of the ride of way for North Clark Road. >> Now you got it, Mr. Park McFarland. >> Yes, sir. Yeah, mayor and commissioners. Uh thank you. We are here um with the
issue of whether the honorable mayor and city commission should approve a resolution abandoning and vacating a portion of the public rideway of North Clark Road. Um just a bit of background on this. Uh this vacation and abandonment is located in district 4. Uh the ride ofway is
approximately um 2,800 square ft um in size. And the request initially came in uh due to the existing subdivision wall that was built for McCormack Reserve um being built in the public rightway that
was dedicated at the time of the construction of the subdivision. So, um, this was in part due to some surveying errors. Um, and it's something that we've been trying to correct. Uh, the request came from the original, uh,
builder for the for the subdivision. And in reviewing this, one of the things that we first looked at was whether there would be sufficient rightway for the current two-lane road. Um, and if uh the city decides to widen Clark Road at that point to a four-lane uh road, there
would still be sufficient rightway. Uh the city also owns the property uh directly to the east uh that you can see on this on this slide. Uh this is a uh location map for the um abandonment vacation request. As you can
see, it's uh just south of um McCormack Road there on Clark. And this is an aerial showing the approximate location. You can kind of see where the the subdivision wall kind of jogs um a bit east into the ride ofway and then back into the uh
subdivision tract. So um staff uh sent this out to all our applicable utility companies that review these um abandonment and vacation requests and we received no letters of objection from all applicable utilities. Our own utility uh did have one request.
They requested that in the resolution we add language in that uh our utilities pro providers um would have the right um uh an easement to go in and repair or maintain any existing uh utilities in that area or just to have access in
order for machinery to be in that area. So that is something that is written into this resolution um if it were to pass tonight. So with that in mind, staff recommends that the honorable mayor and city commission approve a resolution abandoning and vacating a portion of the public rightway of North
Park Road. I'd be happy to answer any questions. You'll read the uh >> a resolution of the city of Akoi, Florida, abandoning and vacating a portion of North Clark Road 80oot rightway as shown on the plat of McCormack Reserve phase 1 according to
the plat thereof as recorded in plat book 87 pages 111 through 115 inclusive of the public records of Orange County, Florida lying in the northwest 1/4 of section 33 township 21 south range 28 east city of AOE Orange County, Florida.
Providing for reservation of a public utility easement, providing for recordation, providing for severability, and providing for an effective date that come. >> All right, we'll still have a public hearing on it. All right,
open up the public. Anybody in the public have any comments on 27? Nope. We'll close it. Come up to the D. I need a motion. I'm just going to say one thing that I do like that we're retaining 60 feet in the rightway for future widening. Any is
it 60 feet that widening for future? >> Yes, we would have sufficient right away. And again, we own the land uh that's adjacent to the east. So if there were any need for widening in the future, not saying there is any now, but in the future, we would have plenty of
rideway room. Well, Clark Road was never meant to be four lanes. So, we always want to make sure we have this in here for the future. Okay. >> This four lane started out and Clark started a dirt road >> to the point of two lanes to the point of four lanes. So, we always want to make sure we have that. That's clearly
stated in there. >> Absolutely. >> I'll make that motion to approve. >> I'll second. >> Motion made by Commissioner Wilson, seconded by Commissioner K. No more comments. Let's vote. It's not going. There it is. >> Did somebody not vote?
>> I'm in. >> I'm in. >> I did. >> My lights. >> There we go. >> Motion carries unanimous. Commissioner Oliver absent. Okie do. Thank you, sir.
Item number 28, utility billing policies and procedure assessment. >> Mayor and commissioners, I'm going to introduce this item before uh they begin. Um >> is this public? >> We have the privilege of having had to
clean up a lot of things this past year, including the solid waste fund and several other things associated with budget. This item before you tonight um is a byproduct of a number of things. Um
a lot of policies got relaxed during the pandemic and um what happens you know post pandemic you have to kind of reel things back in. Um
last year, uh we had several incidents where customers had called in about having their water cut off and complained maybe to some of you all even and upon further inquiry uh they're carrying large balances which is not supposed to
happen. And so, um, we did an internal assessment with staff and then we actually asked a third party to review our assessment. And so, we have fixed everything that we can fix. And Jen and Stephen are going to walk you through
what we've done to correct the course. And then there are things that we need your um, authorization to correct ourselves. And without further ado, I'm going to turn it over to Miss Bowling and Mr. Weber.
>> All right. Good evening again. And again, for the audience that is hanging in there to the end, I'm Jen Bowling. I'm the utilities director, and this is finance director, uh, Steve Weber. So, as as Craig mentioned, um he initiated this utility billing
assessment after um being notified that we had several and really numerous accounts that had some pretty significant outstanding balances. And so, the assessment identified these co air protocols that really although cliche, you know, it was it was uh
unprecedented times. And so we did uh become a little bit more lenient to help our customers um maintain service and pay their bills. Um we also have some outdated municipal code language um that really just needs to be updated and
re-evaluated with the commission um regarding enforcement. And then there have been numerous inherited procedures just as staff changes um over time that um have not really been codified. And I think it's really best to have direction on these things.
So tonight we're going to talk to you about these procedural changes. Uh utilities has been working very closely with the finance department and the city manager to um address what we can address. And then we have some uh things to discuss with you that will require
your u direction and approval. So before I let Steve take over, you know, I love to talk utilities. Um there are a lot of things that we are doing to really work with our customers and to help not only reduce consumption for conservation but this also assists
in ensuring that their bills don't get in theory really high right and out of control. So we have programs in place um as part of this effort we are increasing our efforts. I think that we do well we always strive to do better. We do
continuous use notifications that were able to run these reports from our smart metering um program. And so we actually have expanded this. We didn't have a great response when we were calling our customers and emailing them. So we create door tags and we leave door tags
in addition to sometimes calling our customers. Um we also have the smart irrigation controller incentive program. Initially, this was a partnership with the water management district to just be for portable irrigation only. However, we've expanded this now uh for the
highest reclaim water user customers as well. Um we've increased inspections for water theft. So, what we've seen in the past is when an account is well past due and we turn water off, there are customers that will turn their water back on without paying their bill. We
had a procedure where we would lock these meters. Um what we're going back now to do is we put forth more of an effort and full transparency, this is a lot more staff time. When we have repeat offenders, we either remove the meter or we're also pilot testing a meter that
has remote desktop turn off and that the customer cannot turn on. And lastly, you recently approved uh the Vertex One customer portal, which we're pretty excited about. I know Commissioner Wilson, you really like the census portal. This is a much more
robust customer portal. It will uh eliminate that uh need to log in to right now you have to pay your bill in one login and then to log into census it's a separate login. So this puts it in one. So when the customer logs in to pay their bill there will be that front
page that will show their usage. you still have the same um features such as notifications for high bill trend and uh we also have the ability to personalize messages as well as mass messaging. So we are really trying to do what we
can to be more proactive and to assist these customers before these bills get out of hand. I'm going let Steve take over. >> All right. Okay. Okay. So, I'm going to go through the items that the uh finance department has completed or we're in the progress
of completing. We've worked closely, as Jen said, with the utilities department to implement some of these. Um, and so in the discussions uh with utilities, there's some additional uh performance reports that we could do through our monthly billing process. Um and one
specific item is just we want to ensure that the amounts that we're um sending out bills for on the consumption side is matching what they're seeing uh on their water system side. So just uh some extra reports uh to kind of ensure that process is happening.
Uh we have compiled a list of closed accounts that are older than five years um for their outstanding balances. Um and that is in line with Florida statute 95.11. uh and that is required to have commission approval to officially write
off those accounts. So, they're older than five years, carrying a outstanding balance, but in order to uh write those accounts off, we're going to seek uh commission approval for that. Uh we're also reviewing all closed and inactive accounts to ensure that no late
fees uh are being assessed. Uh there were a couple of instances um where even though there hasn't been any activity and the account's been closed for a number uh of years, even though a bill has been being sent out, uh they're being assessed late fees. So we're looking at that process.
Uh we have already implemented uh monthly meetings between finance utilities and other city management uh to review uh the water bills and just to kind of um have that interaction between the two departments on how this process is uh moving forward.
And of course, we're going to uh continue to have um an ongoing review of the policies and procedures around uh utility billing to see if there's any um opportunities for improved efficiencies or improved management of the utility billing process. And then with that,
since we're going to look at other um ways of doing things, this is going to include additional staff training both in the finance department uh for um what our billing system can do. We also want to learn the vertex uh one system so that we can you know understand what uh
the customer is seeing on their portal side and then what the utilities department is seeing on their side. So we want to do that training. Okay. Uh so the things that we're needing your direction on as I mentioned before um the list of accounts that are older than five years that need to be
written off that total amount is a little over $493,000 balances that's been carried. Um, and of course they're beyond the statute of limitations, so we need uh approval to write that off. As Jan had mentioned, we needed some uh updated language on the uh municipal
code. One of them is around leak adjustments. Um, number one, we want to include uh irrigation leak adjustments. And then the second item is that uh the language needs to be updated to the current rate structure uh for those adjustments. That uh dollar five uh per
gallon adjustment is uh an old rate system. So we need to update it to include the second tier of current rate chart and also certainly we want to ensure the code is consistent with the leak adjustment policy. So we'll be bringing that uh forward.
Uh the next item and this is one of the co uh area uh co era uh processes that um uh uh kind of changed on was to hold the property owners accountable. We have it
in the municipal code uh chapter 1735.2 uh to hold ultimately hold the property owners for outstanding balances. Um and so we just want to get back to uh following that code policy. Was there a question? >> Yeah,
>> sure. >> Under this um accountable, >> all we do is cut them off. If you get cut off, you don't get the water back on till you pay it. Right. Uh >> just just for general purposes, how much
money are we talking about >> as far as how many of the owest money >> in total >> paid >> that the amount that we're writing off or just in total? What's outstanding? >> I'm not talking about how much money do
they owe us on late payments, not paying the bill. >> What's the total amount of money? You got to have that. Stephen, if you can give him the the total separate from the 493,000. >> Oh, the total balance.
>> Total collectible unpaid balances. >> Okay. >> If any of you by chance total collect have that information, >> I didn't write it in with the slide. >> Total reers on unpaid. I will share while Vanna comes up here. We have an example of a rental property
that the the tenants keep turning over and they don't pay. And that rental property has a $10,000 outstanding balance and we we you know, new tenants come in and they open and the previous tenants do not. >> So that's just one property. Can
>> when I had I had a rental house I rented out years ago. when they left and didn't pay, I had to pay. What's the difference in the landlords of this? >> Well, I I think the issue is is part of that kind of co error uh policies that we kind of softened up a little bit during that tough time. We just haven't
reinstated that policy and we've just come to discuss that, you know, these are big policy changes um to make sure that we're all on the same page as we reinstate this policy. I I would say that if you don't pay after a certain number
of time, we need to take the the meter out or something because I want to know how how much it is if you're talking about $500,000 to write it off. >> Well, that that is that's kind of I think a multitude of things and and and payments. In the case of the the rental
units, right now our policy, what happens is if somebody leaves and doesn't pay the bill, a new tenant oftentime comes to open up the account. >> All right, here's the deal about the rental housing. Make sure rentals don't pay it. Make sure the landlord pays it. We don't we need to put a I don't know what what you got to do. We should have
done it before. Now, if it's a landlord, he owns the house. He owns the water meter. >> It's in the code. >> Yeah. So, how did this get how did policy get away from the code? >> What's the history of? Did the commission authorize that or did somebody just do that?
>> Somebody just did that. That's why I'm before you because I did an investigation of it and I want reaffirmation that from the commission to adhere to these policies and in some case cases update them to modern policies. Does it need um
>> what Craig does that >> have to go into legal parts that says they cannot let their I know why the landlord's doing that cuz he don't want to pay it. >> I know but that's not the way it ought to work. >> Is there more slides after this that might answer some of these questions? >> No.
>> No. Is this the last >> brought the money up yet? It wasn't going to come up. I know that we got soft during COVID. I remember that it was, you know, we we I know we did, but we never came back and readressed it. And I mean, I I know we did.
>> Is it? All right. That's your question. Is it in that 500,000 in the rest of this presentation? >> Yeah. So, uh >> you got it shows 500,000. >> So, the uh whole total outstanding balance including the amount that we're requesting to write off is a little over
$2.1 million. That's outstanding. That's that's all um in counting the full 17,000 accounts that we have. >> Um and there is >> there actually is a piece uh within uh my slide that talks about actually
placing a lean. >> Yes. >> An official lean on the property. So that's another item similar to this of not holding the property owner accountable that uh the process was stopped of then leaning the property. And that's what we would do in in this case of the property owner with a tenant
situation is ultimately the property would be leaned for that outstanding >> that money until they decide to sell it if they sell it. >> Uh correct. That is that is correct. >> Uh we also have another uh recommendation for using uh collection agency as well.
>> Do you have more slides to go? >> I do. I'll run I'll run through them quickly. >> No, no, I'm not looking for quick. I'm just saying that I don't want to say ask you a question that may be in a future slide. >> No, that's okay. all do it all the time. >> I'm sorry. >> When we're doing these things, everybody wants questions. >> I know. I know. I'm just >> So, I ask one get that's good.
>> Can we before you move on because I don't want to revisit this portion. Um >> you're saying that the total arars owed for the water bills is 2.1 million. >> That's all outstanding accounts, ones
that are foreigners, ones that just received their current bill. That's all total amount outstanding >> and $493,000 of that is beyond the collection, >> the 5year collection. Correct. >> And there's a portion of that $493 that
came from tenants. >> Correct. >> But there's also a portion of the other balance that is still collectible that also came from tenants. >> Correct. And you're going to ask us if you should lean those in a ne in a future slide
>> to lean the property owners for it. Yes. Correct. >> Perfect. >> Please continue. >> Sure. >> All right. >> The answer is yes. >> Okay. Uh so uh another item that we would be recommending uh as Jen mentioned for the uh water tampering uh
fees uh it's currently at $150. uh we would uh recommend increasing that to a tiered structure for the first offense to be $200, the second offense $500, and the third offense service termination. Uh another item is the collection
practices. Uh one of the items, as Jen mentioned, that wasn't codified uh in the record is uh a payment plan. Uh payment plans have been set up uh with a minimum of $25. Uh so we actually would like uh to bring
forward a more defined uh payment plan. We have ones um that will get paid off within the next few months. We've got some within the next few years. Uh we have one account based on its current payment plan structure uh would be set to be paid off in 13 and a half years.
Uh so we would like to uh put together a more formalized uh payment plan structure if that is actually something that the commission would like to have is to have a formally adopted uh payment plan. >> This is insane. >> Yeah. >> Uh
>> pays their water bill every month. I it's to me it's unacceptable because if I didn't pay my bill >> cut me off. >> Well and correct >> I make a payment every month to make sure I ensure that I have water. Right. >> And in fact, I get credits every month
because I overpay to do that. >> Yeah. Part of what is happening is, you know, it's affecting the operations of the water system and so it's affecting all other uh rateayers, not just uh these specific accounts. It's affecting all of them.
>> Uh so we're also uh requesting uh to increase the customer deposits. Uh currently for residentials we have uh $60 per service and for commercial we have $120 per service. Uh we'd be recommending to move to $200 per service
for residential um and then two times the average uh monthly use minimum of $290 uh for the commercial accounts. We've listed a few neighboring cities uh for what they currently do both uh the first
number is for residential and the second piece is for uh the commercial side. Any questions there before I move forward. Okay. Um uh let's see another uh item with those
deposits currently uh they are um placed back against the account after a certain period of time. uh we would be requesting to actually hold that deposit until the account is closed or final build and that way we can apply uh any outstanding balance against that deposit
as opposed to uh issuing it earlier. Uh for our reconnection fee uh for cuto offs uh we'd be recommending moving from $20 currently to $70. Um this is in part to recover only part
of the cost of sending out city staff to do both the turnoffs and then later on in the data to uh turn on. Uh we've also listed some neighboring uh cities there to get uh as an example of what they charge.
Uh there's the item there of reinstating the practice of pricing property leans on significantly uh delinquent accounts that we discussed earlier. Uh and then uh if um if you'd be willing to entertain uh approving the use of a collection agency
and this would not only be for property owners, but this would be for tenant accounts. So any account uh balance that's been outstanding for a number of times in cities that I've worked at in the past. Uh we've done a six-month uh so if we haven't had any uh payment on an account in a rears for 6 months,
we've turned them over to collection and left it to the collection agency uh to work out on that collection process. >> When you deal with a collection agency, is that when it goes on your credit report? >> Uh yes, correct. That's that's a step in
the collection agency that we don't do ourselves, but it would go on from the collection agency, >> right? Yeah. So, they would um you know, we would send them the outstanding balance that we have on uh the account um and then they would add on a 7% uh
collection fee. Um and in some instances I've seen where they've also included an interest charge there that would be on to the customer. So then when it's collected, >> we collect our outstanding amount and then they have their fees for their collection process. >> They charge, >> pardon me,
>> what's the percentage they charge >> of the interest? >> Yeah. >> Um I'd have to look back at the uh because we have a piggyback agreement that we were looking at for the city of I'd have to look at that specific piece. The only part that I made note of was that additional uh uh collection fee at
7%. So here's the recommendations that we have. Um approving write- off of outstanding customer balances older than 5 years. Uh reinstate holding property owners responsible for unpaid tenant bills as allowed by the current city code.
Uh improving I apologize for the misspelling of leans. Uh there should be L E I Ns. Approve reinstating leans as allowed by city current code >> or current city code. Authorize staff to move forward with developing an ordinance and policy updates for commission approval to address the other
collection issues. >> I'd be open to any questions. >> Back that up. >> Sure. >> If you go up where it says reinstate holding property own tenant bills, that way we get our money because they're going to get the house foreclosed if it's only a rental. You can foreclose
them if they're on rentals. >> Correct. >> That's why they don't want you to. >> Correct. >> Homestead. They're not homesteading. >> Yeah. >> Yeah. >> I know. >> No, I'm just saying. >> I I'm clarifying that. >> May I have a mayor? I'm not
>> I'm confused, which is never good. Um I'm just my mind is blown. part part of what you're asking us is for staff
to start following the existing code. Am I misstating that? >> Uh no, you are not misstating that. Um yeah, some of these practices have been >> So you don't need us. You just need to make as directors, you just need to make
staff follow the code as written. Is that am I am I lost? >> That plus the recommended increases in fines that would come back in an ordinance. But you were written exactly right. We were we were asking the
commission to reaffirm and reinstate direction to us to adhere to those policies in the code that for whatever reason um have not been adhered to or relaxed as part of any um
I did not >> and those related pardon those relaxations do not come to the commission or they did >> I wasn't here then so >> did the commission wink nod semi nod how
are we guilty anything that the state um put into effect during co that relaxed people getting their water turned off etc had to have come before the commission >> okay >> um so um I I believe some of them did
and I know some of them did not. Um we have a whole uh scatterboard of different payment plans that had been put in place and so um we acted on that and we're here today um to to try and
address it. >> Thank you. I on the payment plans. Um I agree with giving someone a payment plan on the aer if they get behind as long as they're making the current
payment. >> So you pay whatever last month's bill is and you pay some portion of, you know, okay, I got a $2,000 water bill I can't pay, but going forward I make payments. >> Uh I don't agree with giving somebody 13 years to do it. Mhm.
>> Um I don't know what's reasonable 12 months something but I'd love yes. I mean the answer to all of this is for me is either why aren't you already doing it or yes bring us back authorization to
do it. I totally agree with leaning and foreclosing forprofit rental properties. I totally agree with holding the owner responsible. Um, and I'm very my concern would be as a CPA, fellow
financial person, um, that while you're waiting or implementing that direction that the aging is slipping into the statute of limitation. So, I would say with all haste, start leaning. >> Yes, sir. >> When in doubt, lean. I was taught by a
very, very good business. uh you can always fix a lean leer. So I would say yes, analyze your aging and everything that you think is close to that danger, lean it. >> Okay. >> Lean it now. >> And to follow up on uh the payment plan,
what we're what is currently in place is their current bill plus an additional amount. >> Absolutely. >> Yeah, >> that's it for me. >> Are some of those high bills rentals? Uh, I believe so, but I would I would
have to double check. >> Then that lean on those houses can be addressed. >> Yeah, correct. >> We will be doing that. >> Yep. We will be doing that >> tomorrow. >> But don't ever let it go. If it's a if it's a rental, make the owner's name go down. >> I know what it is. They don't want to
pay the water bill and then they don't want to pay the water bill. >> Yep. >> Yeah. We plan to use the tools that are already in the code. Mayor, um I may I >> Yeah. >> I just want to get into the record. Uh there are options for low-income
residents that have fallen on hard times under the Orange County CDBG program. They have a bill pay assistance program. We did in some of our data discovery actually recognized that there are some that have
availed themselves of that program in our system and they got caught up. And um there are also um instances that we know of where people have leaks that continue to drive their bill up. and
they Orange County CDBG also has a home repair program that could be utilized for qualified low-income residents to help pay for fixing that leap that could stop the bill. So, we're going to we're going to try and redouble our efforts to
to get the word out so that people that have fallen on hard times can actually have an option. I hate to be the one to say this, but they don't pretend to do too much of that to out here. >> Yeah. >> I mean, they don't seem to think this is
the countyy's responsibility. >> Well, our citizens qualify if they are um if they meet the income qualified um standards of the program, then they are eligible to apply. Um we we also would
like permission to link to that program on our web page. Um, since it is a third party web page, Orange County, um, I think we need to get the word out so our cit more of our citizens can reap benefits of that program.
>> Um, but our recommendation is to get tough on everybody else. >> Do you have I'm sorry. May I ask one? >> Go ahead. you or you do you have internal controls in place
at this point that prevent a city employee from not following the code on this matter? >> Yes. >> Thank you. >> Any other questions? >> I do. Mayor, am I can I speak? >> Yeah.
>> Okay. Um, you know, I remember I think I was here during COVID and that was when we wrapped the states up in plastic and nobody got in and um plastic dividers between us and we probably at that I
guess at that point we were more lenient never realizing that we're looking at 2.1 nor 493 493. Um, these figures are astounding to me. Uh, I'm not here to criticize. I think we kind of let things
unfortunately get to this point. Um, we have to stop the bleeding now. And I'm I'm hoping that these folks that are the overconsumers that aren't paying that we are making some restrictions on
them. I mean, if you can't afford to pay the water bill, then you shouldn't be being be over consumer. But what I'm asking is on um when you say the third offense they have a um we stop the water. Are we really allowed to do that
to to cut their water off totally or do we have the option to offer ask for a $1,000 deposit >> after they pay the bill? I'm just saying is that I I I don't like shutting someone's water off >> totally. But I'm just saying is that is there other options that we can you have
to pay a thousand put a $1,000 deposit up? >> I mean I'm >> So we we have attempted to work with um customers in that respect where we'll require a larger payment to reinstate water. Um we do work with our customers
um and we we try to provide a lot of opportunities that they can be aware of their usage before they get that large bill. Um >> I think you have worked with them. I think unfortunately they've taken people have taken advantage of the kindness
that you have extended to give them the opportunity to pay $2 extra a month if they're paying for 13 years. Um, we can't allow that to happen because our folks are paying for water. Our folks as a majority are paying their bill, but yet we're going to be subsidizing the
folks who aren't paying. >> Yeah. >> That's what it comes to when the when the bill goes up >> when you're, you know, the the tier level goes up different values. We're paying for folks who aren't paying. >> Y, >> which is very unfair. Um, the other thing is the new meters that you're
talking about, are those something that you can investigate to use in the future to where you can shut them off remotely and not have to send someone out because that costs money. That's the $70 that you're increasing to send someone out at 10:00 at night when they've paid the bill.
>> Right. So that's what happens actually is that we have anywhere between um 8 to 10 employees dedicated doing cut offs um especially during when it's the portable water and then we have about five or six that can run as late as 10:30 at night.
So unfortunately a lot of times these customers wait until their water is cut off and then they'll pay those late fees. We kind of pilot studied for one month where we door tagged a number of people to say your water's going to be cut off tomorrow and we got a pretty good response which is one of the
reasons why we went with Vertex One is we're hoping that we're going to be able to push out a text. I mean full transparency um Desiree really works with people and she puts them on payment plans but what happens when someone's supposed to pay whether it's $25 or $100
a month and then they just don't pay that money? I mean, these are things that we as as long as we have if you codify these payment plans, it also it helps with its enforcement. >> You I we don't want late money. We don't want to have to send someone out. You
know, you you're taking someone away from their home at 8:00 at night, 9:00 at night to go turn your water on. My opinion is I don't want the extra money. I want you to pay your bill, >> which is what we've really tried to do with the continuous new use with um with
Vertex One is really just just work on the um education and collection portion. But what you need is you need your customers to sign in and take advantage of a service that quite honestly the entire utility is paying for. not just to empower them so they avoid that bill
and to support our sustainability program, but it also keeps money in their pocket and helps them um stay true to their bill. >> I believe in the census pro that census program, >> right? >> This week I found out someone left the the bib open a little bit and I found out three in the morning we're using 10
gallons of water and it's like you find it's simple things like that that you go someone left just a little bit and again that's education. We need folks to know that when you see you go to this program and you see it and I'm looking forward
to when you bring the next one online because >> right part of the problem is when you have a separate login when you're going to pay your bill in one login but then you're supposed to log in for the other one. So we're really hoping that combining these will encourage customers to take advantage of those alerts.
>> Yeah. Just stop in here. >> Mr. First, you have any comments? >> Yeah. Um, I think you did a real good job on these recommendations on how to fix a broken system. I think we all agree that the system has been broken.
Uh, to me though, they sound like you're closing the barn door after the horse has left. Uh, I would like to see a plan on how you anticipate getting back the $2 million
in a rears or however much that is. theund uh $493 is a write off, correct? Due to stay looked, that's gone. >> But $2 million in a rears. Uh I'd like to see some kind of plan on how we're
going to get that. Now, increased deposits and and fees like that are fine, but you're targeting the wrong customers. They're the new customers that haven't even been on the system yet.
We need to address what you need in the way of enforcing and collecting that money that's outstanding to us, which is a significant amount. Uh budget is coming up. If you need people for
enforcement purposes or whatever, I would I'd like to see that, you know, in your budget requests. But, uh, I think we need some type of plan to aggressively try to recoup that money.
>> I agree and that's why we're here today. >> Great. >> No, some of that, and I can't quantify right now, some of that would be when we were um the way that the billing worked, assessing like late payments on some accounts, that winds up appearing to be debt, but it's not really debt, right?
So, we're doing some clean up in terms of the utility billing, too. We've got some other ideas on the rentals. Um, we've kicked around maybe on a rental property, you know, because someone might move out on the 30th and someone moves in on the second, right? So there's that outstanding bill, but if we
don't change the code to require the property owner to open the water bill, maybe the next time the accounts open, if there's an outstanding balance, we don't allow that account open until the property owner, you know, clears the bill. >> Good.
>> What I'd like to know is how many how many rentals is the total money? How many rentals that owe us money? That's what I want to know because I can tell you right now we
going to lean them the city >> in foreclosing >> in foreclosing. I guarantee they'll pay >> and that's I mean >> I'm not sure at this point and you'd have to correct me, you know, Steve or Vanna. So part of the way that our utility billing was set up is that they
review whether or not and Desiree maybe you can correct me on this. They review whether or not the property owner is opening up the water account. But we don't have a specific designation in ADG that says rental property. Is that correct?
>> And so we're working with ADG as we do some updates to ensure that we have a clear field so that we can tease out that data. So some of this is how ADG was originally set up and just the city's grown. >> But anybody that's a rental house has to
be listed. It has to be listed. They're not on Homestead. So within the billing system, we currently don't have it set up to designate between a tenant and a property. >> That's why we got $2 million. So, um, in
my past experiences in setting up accounts, we've always listed, uh, an address with the property owner and then if it is a rental, then um, we have the ability to set up both a tenant and an owner so that when it moves out, it
automatically goes back into the >> owner's uh, name. We don't currently have that system, >> but that city building and the city is on the tax roles. Who owns it?
>> We can't easily query that information. >> We get the tax. >> Mayor, what I was going to tell you, >> we can absolutely manually get that information you're talking about. They're talking about moving forward right now with the system that we have, but we can get that information before
the week's out. Um it requires um looking at the property um database and we can easily determine who's a renter and who's not um and then associate that then by address and obtain that information. >> Can't you just take this is an AI thing.
>> Take a list of people that have a rears. >> Get a list of homesteaded properties from Orange County. You don't need to know whether they're renting or not. You need to know whether they have a homestead. >> Sure. If they don't have a homestead, lean them. Lean them tomorrow. >> Right. We can most definitely do it.
It's >> do that in 15 minutes in chat GPT. >> I'll come down and show you how. Get the data. >> Get your intern. >> Yep. >> Get a list of the properties that owe you money. >> Mhm. >> Get a list of the homesteaded properties
in the city. >> Okay. >> And find the ones that are missing. >> Okay. >> Those are It doesn't matter. They can be renting. They whatever their reason for not having a homestead is doesn't matter. If they don't have a homestead, they're leanable. >> Okay. Do it.
>> How does That's right. >> Can I ask you how does this different? I sell my house today and we go through a closing and I contact you and tell you to cut my water bill water account off, but the new owner comes in and says, "I want to start it tomorrow because I'm moving in." >> Um,
>> when you try to get the title change, you'll see. >> Well, the thing is the title will change. The title changed. The title's changed. Now I'm I'm no longer >> have a clear title though. >> You won't have a clear title. >> Your title company will have a default on the title. >> Well, but I've already I've already been
through closing. I've walked out with my check. >> They're supposed to check whether >> they call they'll call the city with >> All right. Okay. >> So, you you need us to you need us to do a motion tonight on this >> bill for the conquer. I
>> I would suggest a certainly need a motion on one and four, but just for simplicity, just just move to to >> all the >> staff's recommendation. >> Long as you're going to go after the rentals,
>> we are we are absolutely this this is >> we have to hire Yes. an accounting firm to come in and do what he said. Hire them and bring them in and let's clean it up. >> Absolutely. And get it. And I would say a commitment to go after anybody that
violates this going forward. That's right. >> At your counter. >> Thank you. >> That's stealing. >> So, >> yeah. >> Okay. >> I need a motion for this. Is everybody for this? >> I'll make that motion. >> Motion made with Commissioner Kend. Second. >> Second. >> Seconded by Commissioner First. No more
comments. I hope this move. >> Go forth in Congress. >> Motion carries with Commissioner Oliver absent. All right. Thank you. >> Thank you. Keep up that. Keep up with that. >> Yes. >> All right. >> All right. >> I appreciate it.
>> Mayor's announcement. We're gonna do this quick. April events. Chick-fil-A 5K family run fun run happening on Saturday, April 18th at 7:30 a.m. at Bill Breeze Park featuring a luau theme. Runners and walkers of all ages are
welcome. Restoration is 40 bucks. Proceed will benefit Dog Good Farm. Restoration information can be found at okcoy.org. May events Cinco deio block party will take place on Friday, May the 1st from
6:00 p.m. to 9:00 p.m. downtown Okcoy. The event will feature DJ food, trucks, games, rides, and more. Okcoy PD community picnic will take place Saturday, May the 2nd from Alam to 2:00 p.m. at Vanetti Park. Admission is free.
The picnic will include food, fun, vendors, games, and prizes. Memorial Day ceremony happening on Tuesday, May the 21st at 11:00 a.m. at Oakway Lakeshore Center. The ceremony is open to the public. Refreshments will be provided after the ceremony. Commissioner First,
you have any comments? >> No, sir. Commissioner Wilson, >> just uh the egg extravaganza that happened this past weekend to the park and leisure department. It was a great event, well attended. So thank you again for another wonderful event. >> Commissioner Kennedy.
>> Yes sir. >> Meet the journ.