##VIDEO ID:mpDnvzooCr4## We're gonna call the order the meeting for August the sixth. First, we'll have the invocation with Mr. Hart. Then we'll have the pledge allegiance. Commissioner Kennedy. Then the, uh, city clerk will call on the call. Roll call Please stand. Gentle, precious. Father, we thank you for the abundant grace and mercy you shown to us, to allow us to come together to conduct the city's business. The Lord, before we go any further, we wanna see a special prayer for the families of the love of our beloved. Uh, uh, police officers may tell that we caught up in that cause with the families, comfort them in the, the passing of the loved one. We give you praise, honor and glory that you do this work for us. We pray that you'll help us to come together in the spirit of unity, even though we may disagree, let us not be disagreeable and dis disengage from one another, but to work together as brothers and sisters to conduct our state. We thank you for the wisdom you put inside our city leaders and, and the professional staff that we have. We give you praise, honor and Lord, for all you have done and will do for our city. And once again, watch all our first responders. Keep them safe. In Jesus name we pray. Amen. Amen. Amen. I pledge Allegiance to the flag of the United States of America. Turn the republic for which it stands, one nation under God, indivisible, with the liberty and justice for all. Commissioner Kennedy here. Commissioner Wilson. Here. Mayor Johnson. Here. Commissioner er here. Commissioner Oliver here. Presentations and proclamations, uh, staff reports. Um, I do have a couple of items I want to apprise the commission of. We recently received back the traffic study information, uh, from our consultant, Kimley Horn on the intersections at Adair and Worse Road, as well as Montgomery and White Road. Both were warranted for, um, stop ACEs. So we'll be bringing those back on the agenda at the next commission meeting on August 20th for your approval to make those, um, intersections, um, regulated by stop signs. Alright, that it? Yes, sir. Okay. Alright. We have, um, go down to, um, public comments. Brad Nik, I am Brad Nik, Veronica Circle, talking about stealing my thunder. Thank you very much. Uh, city commissioner. Uh, city manager, Ric, that's great news. That's what I came up here today to ask, uh, what the next steps were from the last meeting where we asked about, uh, some sort of, uh, stopping infringement at Montgomery Orlando Avenue. The other thing is with, uh, uh, budget seizing being close ahead, we would like to, you know, it's something again, the, the residents of Admiral Point and the residents of Veronica Circle have asked for some sort of, uh, landscaping or if Buffer had put on the, the land that the city's been taking care of for, for years. So we appreciate that. I just wanted to keep that in front of the commission's. Uh, aye. Thank you. Thank you, Brad. Alright. Lori Hart. Dr. Hart. I'm sorry. Good evening everyone. If I may be introduce myself humbly, I am Dr. Laurie Hart. Good. I just want good. I just wanted to take this time to, um, to say thank you, um, to so many of you all that sit there, the commission, um, Craig Helder, um, Mel, Melanie, um, the office staff, cherry, so many people. I don't wanna miss any names, but I thank you for, um, your support and your, um, encouragement as I, um, graduated on Saturday with my doctorate from UCF In curriculum education, specializing in mathematics, a subject that I struggled in when I was a little girl, and, um, who would've known. But, um, if I may say to God be the glory, um, I did it with hiss grace and his mercy and the support of my wonderful family. I think my husband ages and my girls, Ashley, Brittany, and Caitlyn. But I just wanted to take this moment to say thank you, because you all played a very intricate part in that. And there never been a time that I walked in here that you didn't ask me about how I was doing and encouraging me to continue. So thank you. I just didn't want this time to go by without saying thank you. Thank You. Congratulations. Thank you. All right. So we'll go to public comments after that. And I have that already got, those would go to the consent agenda. Motion to approve. Moved. Commissioner Wilson moves to approve the consent agenda to hear a second. I'll second, second It by Commissioner Kennedy. Any more comments? It's not, let's vote. Motion carries unanimously. All right. For second reading of Ordinance Public hearing, 17 second read of Ordinance for Land Development Code Amendment implementing the, uh, live, live local act. Live local act. You talking, Would you like, I'm gonna be talking on, would you like me to go ahead and do the reading now? Yes, sir. Alright. In ordinance of the city of Ocoee, Florida, amending section five dash 15 of the OCO Land Development Code specific use development standards to implement the provisions of the Liv Local Act, section 1 66 0.04151 at SEC Florida statutes, including defining terms, establishing maximum permitted density, floor area ratio and height, establishing a process for administrative approval, providing for deed restrictions and annual certification, providing for a reduction in parking requirements requiring equal treatment of affordable housing and market rate units providing for enforcement, providing for conflicts, codification, severability, and an effective date in Mayor. I'll, um, I'll go ahead and let, um, Mike er, uh, launch it and then I have a presentation to make. Okay. Alright. Thank you, mayor. This is a ordinance that is the city's opportunity to provide some clarity and a statute that is, uh, that was passed and, uh, uh, signed by the governor to, um, increase the opportunities for affordable housing. And so this is a proposed ordinance. We're requesting the city to approve this ordinance. Went to the Planning and Zoning commission and had a first reading. And this is the second reading, public hearing. So the goal of this, the live local act, was to increase the availability of affordable housing. It was done through, uh, approved, adopted in 2023. And, uh, the city Commission at that time, uh, passed a resolution, kind of putting a pending legislation, letting the development community know that we are looking at a ordinance, uh, that's gonna clarify some of what the live local act did not, um, say there was a glitch bill that was passed the next year. The governor signed it on May 16th, 2024. And we had, uh, done a first reading back in 2023. We held off on the second reading. We did a new first reading on the revised ordinance and the, uh, the live local act. Basically what it does is it, it preempts cities and counties to allow for opportunities for affordable housing, and it, it bypasses any need for rezoning, special exception variance in order to get density, uh, has some reduction in parking criteria and, uh, requirements on height. So, what the bill says, it says that affordable housing can go in any commercial industrial land use mixed use that a for that has approval of, uh, commercial, sort of similar, like to a Seminole County, has a hip ti high intensity plan development, target industry zoning and land use. And that, uh, the affordability has to meet, achieve a couple of parameters. 40% of the rental units must be affordable, 65% if it's a mix in a mixed use project. And the affordable, uh, ability has to be available for 30 years. And the city has to monitor that over the years. And they have to meet the area, medium income and for affordability. And, uh, attorney Geller will go a little bit deeper than that. So what this means for the city, for the city, our zoning in industrial, uh, uses are C one, C two, C3, I one, and I two. So if we have a vacant parcel, if we have a parcel zoned commercial industrial affordable housing project under the live local act can go on that and we just review it for site plan. Under our preliminary and final large scale and small scale site plan process, they're forwarded by statute our highest density, which is 16 dwelling units an acre. Uh, again, do not need a public hearing for the use density or height. Uh, the height is based off the largest building within a mile. This ordinance kind of cleaned some of that up to say it's not, the mile is not measured as the crow flies, but as you would traverse a local street or sidewalk from one property to the next, it deals with parking reductions if you're adjacent or near a major transit hub, which we do have one in Ocoee at the mall. And it establishes requirements for recording a deed that requires the affordability for 30 years for the property. So we are updating our land development code with this ordinance to provide for the provision of the live local act and filling in some of those gray areas, uh, with requirements for, as I said, measuring distance. And attorney Geller will go further into that. One of the main other items of our ordinance is to make sure that the affordability of the affordable units are integrated into the site and have the same architectural cohesiveness opportunities for amenities as a regular unit and same access. So there's not a, this is the affordable side, this is the market rate side. And with that staff is recommending approval of the ordinance as stated. Thank you. Ready to go? Let's do slideshow beginning. There we go. Commissioners. I want to go over our objectives. When we were preparing this ordinance and they were to enforce the developer's obligations to actually provide affordable housing, this is a, a, a very significant obligation over 30 years. And so in order to make sure that this housing is in fact, affordable, we are requiring a covenant, uh, restriction to be recorded. We are requiring annual certification that 40% of the units are in fact affordable according to the, uh, Florida statutes. And we are stating in our ordinance that non-compliance would be subject to code enforcement. We wanted to identify all of the zoning categories where these projects could be, could be constructed, um, because there is administrative, um, uh, approval of height, density and, and zoning. So it was important that it be very specific. We wanted to provide clarity on how we measure both height and density. We wanted to maintain high aesthetic standards by, uh, not having, uh, affordable housing, stigmatized, segregated to look different, to have different entrances, to have different access to amenities. All that is, would not be permitted. So what does the live local act require of municipalities? Administrative approval of height, zoning and density for qualifying zoning districts? And I'm going to deal first with height and zoning. So the live local act, and this is a screenshot of the statute itself, requires administrative approval of the higher of three stories or the currently allowed height within one mile. So for example, uh, part of the Health central campus is zoned commercial, and they have, I dunno, seven, eight stories there. And so a project within one mile of that facility, um, you might find an application asking for that height, right? One, uh, interesting quirk of, of this statute is that you can then have a never ending, um, transition of, of, of, well, let me, let me just show you. So you have a high building here in this, in this photograph. And so within one mile we can build an affordable housing project, uh, of the same height, and then that establishes a new one mile, um, radius. And so then you could build another. So these things can proliferate all around a local jurisdiction. And so we wanted to, uh, put into human terms how you measure that mile. And none of us are birds. We're human. We get in our cars and we will drive from one place to another. And so we are defining that one mile as, as a human being can travel along the public streets of the city in the normal permitted lanes of travel from one spot to another. We're not birds, we're not gonna define it in bird terms. There was a glitch bill as, as Mr. Rumor pointed out in 2024 that was approved. And that glitch bill added language that when you're figuring out the comparison height, you do not need to consider the other buildings bonus, uh, any kind of bonus vari or variance they received or other special exception to get additional height that you go by what is currently allowed. And not by any bonus that that other building got. And we incorporated that into our proposed ordinance. Another, uh, item in the glitch bill that we incorporated was a little bit of protection for single family neighborhoods. Um, the, uh, protection in, in my view is, is quite, uh, inadequate. Um, but we, you certainly don't want to get into a situation where you have a huge disparity between a single family neighborhood and a, and a tall structure right next to it. And so the live local act and the glitch Bill said that if the proposed development is adjacent to, on two or more sides, a parcel zone for single family residential use of at least 25 homes, that the city may restrict the height to 150% of the tallest building on any adjacent property. Um, or three stories, whichever is higher. Uh, that does not include property separated by a public road. So essentially you're gonna end up with three stories, assuming you have two stories in the single family neighborhood, but again, it must be adjacent on two sides of, of the, uh, of the single family neighborhood. The live local act requires us to analyze density jurisdiction wide. The citywide a municipality may not restrict the density, uh, below the highest allowed density in the municipality. That's by, uh, state statute. And so we wanted to define that in the ordinance, what that really means. And so in our ordinance, we said that the highest currently allowed density, uh, is the same as the high density residential, uh, land use in our comprehensive plan. And what that effectively means is up to 16 dwelling units per acre. What are the qualifying zoning districts? It says that a municipality must authorize multifamily mixed use residential as allowable uses in any area zone for commercial, industrial, or mixed use. Uh, if at least 40% of the units are affordable for at least 30 years, we do not have a mixed use zoning category in in a co e We do have commercial and industrial categories. And so, uh, we went ahead and defined those C one, C two, C3, and also I one and I two. We do not include, uh, PUD zoning because PUD zoning is not expressly provided for in the low live local Act. And there is a whole host of reasons why we would not include PUD zoning, which we can get into if, if you would like. The, uh, there's also a mandate here. A municipality may not require a zoning or land use change, special exception, conditional use approval variance or comprehensive plan amendment for the building, height, zoning and densities. So what that means that these projects would be administratively approved as to height, density and the zoning. I, I would point out though that you still could have a public hearing on the site plan on preliminary and final site plans because the applicant must comply with all local laws and regulations other than what we've been preempted on, on the height, density, and zoning. And so those local laws and regulations that must be complied with include setbacks, open space parking, except there is a, uh, um, a lessening of the standards near, uh, uh, transit, uh, transportation and concurrency is still required. Aesthetic requirements including building design, landscaping, and then again, as I mentioned, preliminary and vital site plans. And so summary of the ordinance, developer must commit to affordable housing for 30 years by restrictive covenant and annual certifications, enforceable by our code enforcement, uh, division, administrative approval on height, density and zoning without public hearings. But other development ordinances and regulations apply. Maximum density is 16 units per acre. Maximum height is the greater of three stories or the highest building within a mile with certain LI exceptions for some single family neighborhoods. Eligible zoning classifications are C one, C two, C3 I one, and I two, and that we do not permit and disparate treatment of affordable units. And, and I'm sure Mike are, Mike and I would be happy to answer any questions you may have. You wanna do the public hearing first? We'll open the public hearing. Anybody in the public have any comments on item 17? You have to fill a form out. Yep. Yes ma'am. Melanie, set the clock. You have a five minute time. Um, good evening. My name is Nicole McKinnis. I'm a Laney's attorney at Sterns Weaver Miller in Tampa. And my address is 4 0 1 East Jackson Street for the record, um, here today with a handful of recommendations to your proposed live local ACT ordinance. Um, I've been working with several jurisdictions, um, and developers across the state on implementing the live local since it was first adopted in 2023. Um, and we've had a lot of experience with different jurisdictions adopting code sections that when we put them into practice, aren't making sense from a development perspective, and they're causing a lot of, um, procedural issues, uh, with government. And so I'm hoping today to inform you guys about some of the issues that we're seeing with these ordinances. Um, is to offer some recommendations. Um, you may have seen a couple of letters that I sent to, to this commission and, and counsel on, um, related to a specific project. I'm not here today to discuss that project. I'm just here generally to be talking about the, the live local ordinance. Um, first issue that, that we sort of see right now and, and, um, your city attorney brought this up is the issue of planned development zoning districts. Um, I understand right now that the city's ordinance does not include property that is zoned planned unit development. Um, and I'd like to talk to, to you about what, um, issues we would see with that type of decision. Um, as you know, your attorney Geller properly noted the live local accident except property that is zoned for a commercial, industrial, or mixed use must be administrative approved for affordable housing. Now, I really wanna focus on the word zoned for, um, with the inclusion of the word for, um, that means if the zoning district allows a commercial, industrial or mixed use, um, we think from a court perspective, if they looked at that, they would want to give meaning to that entire phrase, which means if the property is only allowed to be developed, for example, for commercial, industrial, or mixed use, it must qualify for development under live local, um, in your code specifically, which is different than a lot of other jurisdictions I work in. You do actually have planned development zoning districts that have some, um, subcategories. So there is a planned unit development commercial, there's a planned unit development industrial. Those districts only are allowed to be developed as commercial or industrial. So looking at the phrase, what is zoned for in the live local act, those uses and those properties are only zoned for commercial or industrial. Um, and that's something that is different that I'm not saying in every jurisdiction in Florida, but that is what is in your code today. Um, also wanna know that there is an attorney general opinion that is referenced in that ordinance. Um, that attorney general opinion was, uh, recently updated about a month ago, um, where they issued a revised opinion previously. They said that you would look to, um, whether the zoning district is in a specific zoning classification, allowing commercial, industrial, or mixed use. Now, they said you look beyond the title of the zoning district and you look to how has the local government historically treated the zoning district. Was it historically treated as commercial or industrial? Um, and I would argue that under your code, you do have these planned development districts that are specific to commercial and industrial, and therefore those properties would now qualify for development with this new attorney general opinion. Um, I also wanna bring up that your code actually in the building code section specifically states that property zoned for commercial uses and in a commercial district includes property zone plan development, commercial. Um, I also have a few other comments related to, um, some of the other sections in your ordinance, um, specifically related to requiring a purchase and sale agreement to be included. Um, and also requiring building renderings and elevations. The live local act does state that these projects must otherwise comply with your regulations for multi-family development, and they have to otherwise comply with your comprehensive plan. We, we don't dispute that at all. Um, but adding requirements to a live local project that don't exist for other projects, um, we have some concerns that would be a fair housing violation because this is a project that has a affordable housing component to it. Um, so we just ask that as you take a look at this ordinance, that you make sure that you are treating this project just as you would treat any other multifamily project that's coming through the city. Thank you very much for your time. Thank You. Anybody else in the public have any comments per item 17? I have some rebuttal of that. Mayor. Yes, sir. Alright. I just want you to understand the context, uh, of where these comments are coming from. Um, uh, Ms. New Newbauer represents Swanson Land Company. Swanson applied to develop a 542 unit live local act, affordable housing project across from the W West Oaks Mall. And you'll see on the map here on parcels one and two, as well as the brown parcel looks like a, like a panhandle to the west of parcel two. This application was rejected by, by Mr. Rumor. Uh, he determined that the live local act does not apply under the current zoning designations of R three, which is multifamily and plan unit development. So what they have, what Swanson has argued is that the term zone four looks to the uses and not necessarily just the zoning classification. The argument that they've made is that the city considers commercial and industrial PUDs to be zoned for commercial industrial areas. And then it's, and then they conclude that we must allow commercial industrial PUDs to qualify for the live local ACT administrative approval process. Right now, there was a reference, uh, by Ms. Auer to the Attorney General's, uh, opinions. The first one came in 2023. And the question specifically was, does the phrase and this quoting from the statute from the Liv Local Act, does the phrase area zone for commercial, industrial, or mixed use refer to zoning classifications or to any zoning district in which commercial, industrial or mixed use use land uses are permitted? The Florida Attorney General's office looked at the case law, and the case law was consistent that the term zone four is synonymous with an area's zoning classification and case after case after case, including from the Florida Supreme Court. And so the conclusion by the Attorney general's office was that the phrase area zone for commercial, industrial, or mixed use refers only to land located in districts having those specific zoning classifications, right, which is why we set on C one, C two, C3 I one I two, there was an updated opinion from the Attorney General last month, and here's a, a screenshot of it. And so what the Attorney General is now saying is that a court reviewing the applicability of the act would likely look beyond the title of a zoning classification and focus on whether the particular classification is similar to what has been historically and normally understood to be the zoning classification. So the, the idea was, could a city pull the wool over the eyes of everyone and rename something might've been C one, now they're gonna call it something else to try to evade the live local act. And the attorney general said, come, that's not gonna happen. If the municipality or county attempts to evade applicability of the live local act by titling or styling a zoning category such that it does not contain one of the labels, commercial, industrial, or mixed use such effort would likely be readily apparent and render disingenuous upon review of the content of the particular zoning classification. What's important to note here, in addition, is that this updated attorney general opinion never mentions plan unit development zoning, right? The Florida legislature, in considering the glitch bill, actually considered whether to expand the reach of the act beyond mere zoning classifications, whether they should effectively overrule, so to speak, what the Attorney General's office stated. And so on February 21st in the appropriations committee of the Florida House of Representatives, an amendment was overwhelmingly approved and the amendment appears on the left of your screen, and they added, they added this language here. So, so where it says in any area zone for commercial, industrial, or mixed use, they then added, or any zoning, district permitting, commercial, industrial, or mixed uses. So arguably that might include a PD that allows industrial or commercial uses. Interestingly enough, that amendment died. It completely died a week later when the, uh, Senate bill came over to the house and there was a committee substitute and they got rid of that language. And the language that went to the governor for signature was, as it always was, in any area zone for commercial, industrial, or mixed use, the added language does not appear, did not appear on the bill that the governor signed in May. When you look at our own comprehensive, actually our own land development zoning table where we've established zoning districts, we have the name of the districts, and then a description of the uses that are permitted. So for example, R three multifamily dwelling, you go down and we have C one through C3 with varying intensities of commercial development. And i one and nine two varying intensities of industrial development. But if you go all the way to the bottom plan unit development, PUD district, there is no use associated with PUD. No, use that because the uses have to be negotiated and they have to be agreed to and placed into a land use plan that this commission approves, as well as a many cases, a development agreement that this commission approves of. So if we were to look at the land use, uh, agreement that binds Swanson Land Company for, as an example, they're bound by the Lake Law Center, PUD. This was approved by this commission back in 1995. And you'll see that in the development agreement, the owner hereby agrees to develop the property in accordance with, uh, an ordinance, including that certain land use plan for the Lake Law Center, PUD, and you have all the, all the pages of, of the land use plan. As part of that agreement, the owner hereby agrees that the property shall be developed in accordance with conditions of approval. That's also set forth in the development agreement. And here's the kicker. The owner shall comply with the zoning and subdivision regulations of the city as set forth in the Eco E Land Development Code. And so, apart from any purported preemption by the state of Florida, this particular developer is bound to the city's land development code as a matter of a development agreement. When I, uh, first corresponded with Swanson, I let them know our position that the state of Florida legislature cannot impair the city's contract rights. And I, um, pointed to the Florida Constitution and the federal constitution, the Florida Constitution states very clearly no law impairing the obligation of contracts shall be passed. You can't impair our rights. And I also cited a a, a Florida Supreme Court case in this state. It is a well accepted principle that virtually no degree of contract impairment is tolerable. So it is our position that the Live local Act ordinance properly excludes PUD zoning. The legislature did not expressly preempt the city's authority on height, density and zoning on PUD zone parcels. The Florida Attorney general interprets area zone for commercial, industrial or mixed use to refer to zoning classifications not uses the proposed glitch bill amendment to the live local act to expand the preemption to include any zoning, district permitting, commercial, industrial, or mixed use dyed. And the legislature cannot impair the city's contract rights under PD development agreements. You done? I'm done. All right. All right. And no more comments from the public. I'm gonna close the public here and bring it up to the das. Comments from commissioners, if you have any. Commissioner Oliver? Um, No comments. I do. I just trying to get my thoughts together. There's a lot of information that I'm trying to disseminate through. So, um, just a couple questions regarding the, uh, the ordinance that was created in 1994 by this commission. Um, has there been any, any amendments pertaining to height, density, or zoning, uh, from that original ordinance? Are you talking about the, the Lake Lata PUD ordinance? Yes. That might be a question for Mike. I didn't know the specifics. The development agreement as stated is the final for, um, you know, there may have been a, an amendment on a number of units. Uh, there's like 12 amendments to that old, that's just an old PD document. And I, I can't say for sure certain there has not been, uh, one that talked about, uh, residential units or commercial square footage. Uh, there hasn't been any for height, I know that, but density, I couldn't answer a hundred percent affirmative. So the, the, the spirit of, of, uh, sb uh, 3 28, uh, this, uh, live, live local and in affordable housing, um, I have read through some of this bill and, um, it is a bit confusing at best. So I guess my question is, uh, the, the purpose of this ordinance is to cover the gaps that, that, that are, that are silent in this, this bill. Is that that Correct? A reason reasonable assumption. Also, it also points someone to tell them that where it is silent to that our land development code, it would be the next document you would look at to find the requirements. Yes. That's it. That's all the questions I have. That's it. Okay. All right. I need a motion, A motion to approach, no second Motion made by Commissioner Wilson. Do I hear a second? I'll second it. Second by Commissioner Oliver. No more comments. Let's vote. Register. Are we? I don't think mine's clicking. Oh, there it is. Did you do It didn't work. Do it again. Oh, who didn't clear it and do it again. Alright, let's vote. Motion carries you unanimously. Thank you. All right. Public hearing number 18. Good evening, mayor and commissioners, Doug Gaines support services. Uh, this is regarding the non-ad valorem code assessments being placed on a county tax bill. These are unpaid abatements that the city had to pay out of pocket plus interest and administrative costs for filing the liens. These liens are generally for cutting grass and junk and debris removal and therefore vacant residential properties throughout the city. This year we had five that range from $266 to 1,171 for a total of $2,999 and 41 cents. Uh, this afternoon, 85 buck Key Court did come in, they were on your original list in your packet. They came in and to city hall and paid, um, their lien in full. So you only have five. The five properties will need to be assessed to recover the cost of the abatements performed by the city. The owners of each of these properties were notified by first class mail of the non-ad RUM assessment. And of this scheduled public hearing staff recommends the commission certify the code enforcement abatement assessment tax rule for the properties that have not fully reimbursed the city. Read that. I'll read it. Okay. Alright. You can read it. Yes, sir. A resolution of the city of Ocoee Florida City Commission relating to the collection of unpaid liens from code enforcement abatement actions throughout the city of Ocoee, stating the purpose of such efforts, providing definitions, endorsing the uniform method of assessing abatement costs against assessed properties located within the city of Ocoee, providing the a valorem assessment role for fiscal year 2025, providing for separability and providing an effective date. All right. We'll open the public hearing. Anybody in the public hearing have any comments? All right. I'll close the public co public hearing. Close. Open it to the, uh, commissioners. No comment, No comments. I need a motion if no comments. Huh? I, I make, I'll make the motion. Okay. There we Go. I'm sorry. I'll make the motion. Commissioner Oliver made the motion. Do I hear second? I'll second. Second by Commissioner Wilson. No more comments. Let's vote. Motion carries unanimously. Thank you. Thank you. All right. Regular agenda number 19. Update and request direction on a review of the city's wastewater permit and associated lease with GA, a incorporated, uh, owner's rep services come up to the podium. Alright. Good evening, mayor Commissioners. I'm Robert Zy with ZHA one 50 Laurel Oak Drive, Longwood, Florida. As you may know, we were, uh, engaged last November to do, uh, an analysis and study of the ground lease at Forest Lake Golf Club and the wastewater permit. And in your packet, you saw the recap of our scope and, uh, what we have completed to date. And we have not been able to get all of the information that we, we were requested from the lease. C. The document also that you received in your packet is the request we made last December, and we only got partial information from the ee. So I'm just here to ask the commission to authorize the city attorney to compel the EE to provide the other documents that we requested so that we can complete the report. All right, Greg? I'm sorry, mayor and Commissioners. Uh, just a little brief background. Um, I think it was in the staff report, but back in 2020, we held a workshop with the, the folks at Forest Lake Golf. Um, 'cause we'd been having discussions, um, about, you know, what possibilities there could be if, if they wish to be bought out, those kind of things. And that discussion generated a lot of discussion about what could be developed out there, et cetera. And, um, I believe the utility director at the time, Charles Smith had gone in and reminded the commission that the city's entire wastewater permit, um, is included, includes that entire property. And, and then subsequent to that, um, you know, we each independently came up with a valuation and we were pretty far apart. So, um, you know, we have folks and, and they have folks, I'm not speaking for them, but we've, we've had folks contact us randomly throughout the year. So we engaged DHA to come in and do a fresh analysis, you know, to say maybe the city's estimate was way off and it's worth this, et cetera, et cetera. But creating a set of information so that we could tell people that inquired, um, Hey, here's what you have to worry about with the permit, if you want to propose any kind of development, um, or thing, things like, um, you know, here's the current state of infrastructure and what we think, you know, um, you're dealing with here, whatever that may have been. And so we engaged, uh, ZHA to do that. And, um, you know, we've continued to work forward. And you have another item following this one with Mr. Artman. And, uh, there, we have a situation now that would, would, would indicate that we would need this type of information to, um, properly advise the commission on. So this is an opportunity for us to get both of these items in front of you. We do have somewhat of a timeline to be on, so, um, we're just asking you to, uh, allow myself and the city consultants and the city attorney to, um, continue to move forward with this process in your best interest. All right. I have a, um, comment here. Number 19 and 20 for Logan. Uh, up upsell? Yes, sir. Okay. Have three minutes. You want to? Sure. This is for 19. Yes, Sir. Yes, Sir. Thank you, Mr. Mayor. Commission. Good to be here. Logan Sal for the record. 2 1 5 North Yola Drive. Orlando, I'm an attorney with the Lowndes Law Firm. Uh, I'm land use and transactional counsel to Forest Lake. Um, and, and we all know Forest Lake Craig, I, I appreciate what you said. The extra color was useful and, and we agree with it. Uh, this conversation's been ongoing. Um, as it relates to 19, you know, Robert, the gentleman that came up here, he is talking about some requests and information. You know, as you know, forest Lake has always been proud of the partnership with the city, and we certainly know there's plenty to, uh, consider, uh, especially in terms of item 20, uh, which I'll share some thoughts to as well. Um, you'll see in the staff report, there's a great number of items that were listed, requested as it relates to the permitting and the wastewater, which of course, the golf course is an intricate part of. Um, some of the items which is, is highlighted for you, so I don't really need to point them out, um, are things like an organizational chart. Um, employees, uh, description of duties, salaries by position, uh, some things related to the cart, that information was provided in relation to some of the equipment we have out there. But things like financial statements, salaries of employees at the time, you know, we, we, we have and, and do cooperate in good faith to provide that information. But without the presence at that time of a letter of intent, or even some sort of contractual agreement relating to the, uh, conveyance of the, of the leasehold back to the city, we just deemed a little inappropriate to provide that sort of confidential financial information. The rest of it, we, we stand, you know, happy to work with the city as we always have. Um, but, but the nature of these items, and, you know, we see it in the staff report too. This, this purchase and sale agreement's here, it's published on your website. These types of things, uh, like salaries and financial statements are, are not something we, you know, thinks appropriate to be published. Uh, nor do we understand quite exactly how it relates to the wastewater and, and permit considerations. Um, but we can talk about some of those items as we come up to talk on number 20. I know Kurt has some thoughts too. Uh, bottom line, mayor, we're we, we certainly want to continue to partner with the city arm you with the information you need so that we can continue to work together. Uh, but, but a couple items like salaries and financial statements are just inappropriate relating to the permit for the wastewater. Thank you. You want to address it now or wait till item 2020? Mayor. That's fine. Okay, so I'll go ahead and, all right, update and request direction. Kurt Artem of the city attorney's office. Fish back number 20. Do you wanna take action on number 19? First? I, I thought you wanted to talk first, but, Um, well, I'm glad to, mayor, We just need a, we need a per, we need a, a motion for this on number 19th, just consensus. We need a motion. Mayor, I, I think you, if you punt making a motion till after Mr. Artman's presentation, then you would need to, um, create a motion that allows you to act on both items. Well, I can go ahead and do 19 first. Yeah. Mr. Geller's recommendation also. All right. Yeah. Alright. I'm going to take a motion for number 19. Are we taking mask, are we taking a motion to delay it till after you talk or we, is that what I'm, no, I'm confused here Right now. I, I think the motion is action on number 19, and then I objection for number 19. And then you can consider 20. I think the city manager has a REC recommended request action under that, believe I'm A little confused. We're asking, uh, for authorization, uh, to the city manager, city attorney and consultants to complete all actions necessary for the evaluation of the lease permit and all other analysis and correspondence for this, uh, for this property. Yep. So then really that'll, that'll occur with 20, also item 20. Well, I think you, the, it's separate items, so I would act on this, and then we can go just to 20. All right. I need a motion for 19. I'll make that motion based on the staff recommendations. Alright. Motion may be commissioner first, they'll hear second. I'll second this Second by Commissioner Wilson. Any more comments? Let's vote. Did you I have hit the wrong button. All right, start over. Start over. All right. Motion carried. Um, four to one. I don't, okay. Four to one. Uh, commissioner Oliver, voted nay. Alright, number 20. Thank you, mayor Kurt Artman with the FISH Pac Dominic Firm, uh, as city attorneys, uh, under, under number 20, the, as you can see in your packet, the city did receive, uh, from Mr. Uh, Opal, uh, by June 26th, 2024 letter, which is a, a notice of intent to assign the lease that Lake Forest has with the city. Uh, and as part of that also is included a, uh, a, uh, 60 day time period within which the city has to, uh, exercise its right of first refusal for, uh, the assignment. And, and this, uh, assignment of the lease by Lake Forest to anyone is prohibited. Um, unless the city grants its written approval of the assignment. And there are some criteria under the lease that provide what, um, are some of the items that the city can consider, uh, or should consider with respect to an assignment. And some of those are, um, without limitation, whether the proposed asee, uh, in this case, I think it's, uh, j um, the asee I think is, oh, JA, lemme just find it again here. Ja Hospitality, LLC mm-Hmm. Um, whether that proposed ASEE or the sub lessee has sufficient financial resources and experience in the operation of golf courses to undertake the obligations of the lease lessee here under, so, so, um, the city not only needs the information that, uh, the consultant from ZHA indicated as needed, not only with respect to the items that they requested, there's gonna be some information that's needed from and about the proposed asee. Some information was provided in your packet with respect to that. But for the, for the City Commission to be able to evaluate, uh, the acceptability of JA Hospitality, LLC, uh, uh, to be able to be the asee, um, my suggestion is your staff needs, uh, some, some additional information. Uh, it, the time within which the city has to exercise its right of first refusal and the right of, it's kind of an interesting scenario because it's not a typical assignment with here's the, here's who's gonna take over the lease and the terms and conditions. It's a purchase and sale agreement between, uh, lake Forest and JA Hospitality, LLC. So it's a little unusual, uh, in my, in my experience. So, so it's important for the staff and the commission to be able to evaluate, uh, both the current operations, uh, of, of Lake Forest and, and matters pertaining to that, as well as the, the, uh, qualifications of the proposed as e in, uh, Ja Hospitality, LLCI, I don't know that we're gonna be able to do that within this short period of time. The time to accept is, I believe August 25, uh, of this month. And, uh, you only have one meeting between now and then. So my suggestion is to see if, if, uh, the, if Lake Forest and its, uh, its buyer Jay Hospitality would be willing to grant the city, uh, an additional 60 days to allow us to gather the needed information and to evaluate that. Uh, so that, that would be my suggestion at this point. Um, so that the city can work with, uh, lake Forest and its, uh, proposed asee, uh, to, to attempt to best evaluate this and bring back to the commission. Uh, a recommendation hopefully does, are there any questions? Whether it's a little complicated, because like I said, it's not a straight, simple, typical assignment of a, a lease. It's, it's a purchase and sale agreement that appears to be what the terms and conditions of the assignment would be. So it's a little complicated. So if you didn't quite follow it, when, when you read it, if, if you read this, uh, it's don't feel bad. It's, it's a little, it's understandable. And, and I did have, I think I've had two brief conversations with Mr. Uh, uh, Sal. Uh, clearly we're, we're gonna need some more, uh, opportunities to discuss that with him and, uh, staff with his client. So that's why I would suggest, and I've not talked to them about the 60 day extension, but that's our, our suggestion and see if they're willing to do that. Alright, Mr. Sal, you want to come up and Sure. That Kurt, for the record, again, Logan Sal, 2 1 5 North Ola Drive. Uh, appreciate the additional information and Kurt working with me as well. Uh, yeah, we all love Forest Lake and, and I know everyone's been talking about this for some years, Mr. Mayor, I got a kick today. I found an old article from years ago that said, yeah, Ken's tired. He's, he's ready to retire. And he looks pretty chipper to me. But that's what this is all about. You know, this has been a passion project for, for Ken and Marilee and George and, and, uh, they're ready to, to pass the torch along to another golf operator, of which Jay Hospitality is. They have the requisite experience, they have the requisite financials, and we're happy to share that with you as indicated in my cover letter. Um, so, so we're, we're thankful, uh, that, that the course has been such a success. We're certainly, you know, looking forward for it to continue to be a successful golf course in the city. Um, and, and the punchline is we're, we're happy to provide that information. I had indicated to Kurt in a, in a brief phone call earlier, that we, we provided a high level information about the group that's in your, in your staff report. Um, certainly they're gonna wanna know some additional information as it relates to the parameters in which the city, uh, approves this assignment under the ground lease. Um, and so we're, we're happy to work with you and talk to you on that. Um, I'm not in a position today to, to speak on behalf of the buyer or, or what the, what they would accept from a, from a business component. We as well, similarly would need to talk to them. So we're not in a position today to, to speak to the extension, but I think there's some things we can, we can work out as we continue to discuss. Um, but, uh, again, we're, uh, thankful for the partnership with the city and, uh, want to continue to do so as we transition. Thank You. Does it the com what you asked comm um, Kurt was about getting the permit for the financial agreement, right? For what? That was on that motion. As for that, for what you're asking for, that's what you're asking for? Uh, yeah. Yes, but it, my request is of, of the applicant or the of Lake Forest folks and, and Jay for an extension. But in the interim, uh, the motion that is in the packet, the recommendation I think would be, uh, acceptable mayor that will allow us to proceed and ho hopefully we'll be able to get what we need from, uh, lake Forest and Jay Hospitality in order to be able to evaluate it. Um, and the, the recommendation, uh, is for, uh, to the commission to grant and authorize and direct the city manager Fishback Dominic and the city's consultants to evaluate and respond to the attached cover letter for Mr. Sal and the purchase and sale agreement regarding the lease of city owned real property located at 1 0 5 2 1 Clark Road, forest Lake Golf course. That's what we need, which would allow us to proceed. Alright, So that's what you want from Yes, sir. Commission. Alright, commissioner, I read the, the agreement, and again, I have a lot of questions that I think that need to be answered that will have to come in a future discussion with you or with Mr. Geller. Um, I just wanna make sure that we have all the information available before I would make a decision whether we would accept, but as you said, we have first right of refusal and I don't know how we could make the decision without knowing item 19. Right. I think a lot of it comes back to 19, and that's why I think the concern was voting on that, but they kinda get tied together, and I think until I see the information from 19, I personally don't wanna vote on accepting anything or Understand, expecting. Yeah. Yeah. I, I expected that the commission would feel that way. That's why I, I think it makes sense for, um, uh, hopefully for, uh, lake Forest and j Hospitality to agree to an extension. Allow us to get that information, digest it, evaluate it, have further communications, and bring it back to you. Well, if we Don't get the information, then we just have the opportunity to deny, to Deny you have to have a proper, so That would be the next meeting would be our decision. If they don't grant 60 more days or how many days you feel is appropriate, then we have the one more meeting in which we have the right to deny. Right. You can, you can, uh, approve the assignment or reject the assignment. Reject, I'm sorry. But they're, they're really kind of tied together because the assignment is, if you approve the, as you know, the assignment is the acceptance effectively of right, of first refusal, and you have 60 days for that. The assignment itself would, uh, be able to occur after that. So if you denied, uh, or decided not to exercise the city's right of first refusal, so it's, well, we're not gonna do that. You still have the ability to look at this proposed ASEE and decide whether you think that this j hospitality, LLC would, would meet the requirements to be able to, uh, be an acceptable assignee. So, so my take is the 60 day limit is really the city. I mean, there's a, the, there's a reason why that right of first refusal is in here because the city needs to be able to evaluate that. And does it want to come back in and accept something where they, where Lake Forest is willing to accept. And if, if you are on the same terms and conditions, that's great, but you cannot, in my opinion, in your consultant's opinion, I don't think you're gonna have, you don't have that ability right now. We don't have the information in order to make that decision. Exactly. So with the, what would, as I say, I'm not, I I don't have some questions. Go ahead. I'm sorry. I'm gonna have him read the motion. Okay. Please. Anybody else want comments before I have him read the motion? I, I just have just a couple of questions. Um, for one, I, I, I wish we would've had, we would've actually, um, took, took these two items and put 'em together as opposed to the reason I voted no, because I, I had questions and I had, uh, there's a lot of information there, and I, and I wish I'd had more information or time to ask questions than I could have made a vote on 19. But I, but I agree with commissioner, uh, Wilson. Uh, it, it's a lot of information to absorb and, and, and we're talking about assignment agreement for purchase and sale. So are we selling, uh, we're selling the business, they're selling, uh, their rights to operate the golf course? Is that that what we we're looking at? Yes. Mm-Hmm. Again, that's just one question. I got maybe 10 others behind this. So I think that we might, we need some time to kind of digest this Yeah. Absorb it a little bit, ask a few more questions and get a better understanding of, of what we're voting on, uh, before we make any decisions tonight. Mm-Hmm. The motion he's going to give you to be Go ahead, read That. All right. Well, the, the requested motion would be to authorize and direct the city manager Fishback Dominic and the city's consultants to evaluate and respond to the cover letter from Logan Sal, um, dated June 26th, 2024, and the attached purchase sale agreement regarding the lease of the city owned real property, located at 1 0 5 2 1 Clark Co Road, the Forest Lake Golf course. You get it? Can I ask a question? Can I, do you mind? No. Okay. I know we're supposed to ask you first. Can we ask question? Um, personally, I have no intentions of selling that land. No, this is, and that's what I wanna make sure that I, that land is a city's land. Correct. This is just the business. And I wanna make sure I'm clear with that because I don't want anyone, anyone trying to think that anyone's getting land. They're getting, it's just the business. 'cause the land is recreation land counted in the city as recreation land, and that land is a stay in the city. So I don't want anyone, personally, this is me, to think that they're getting any land with this. And that's understandable concern because when you read that purchase and sale agreement Mm-Hmm. It talks about rights that are inherent in property, the, you know, soils rights, mineral rights, timber mineral, the air rights, and Yeah. So you kinda scratch your head and say, well, wait a minute. What, what is it? That's why I say it's, it's a little unusual. Um, it's an unusual type of assignment. I read that section and that's what I'm clarifying this at this point, because when I read a few of those sections in there, I wanna make sure it's very clear. Yeah. Understand This Boat, this right here will show nothing that land is staying in the city. Right. You're right. Okay. Just wanna, just, again, reading it was, it threw some red flags up to me. We're talking about the lease. The lease, but I wanna just throw that in. 'cause I only, The lease Re when I, when I read 19, it says, you know, update and request direction to review the city's wastewater permit and associated with lease, with the lease with, uh, ZHA incorporated. So, so we're talking about wastewater, then all of a sudden I'm hearing financials. So I'm trying to figure out what does wastewater and engineering have to do with the financials. So that's, that's where the confusion came in. So I I, I couldn't vote on something. I really didn't truly understand what, what we are, we're, we're trying to evaluate here or get direction on. Mm-Hmm, Well, the reclaimed water that goes out to Forest Lake that Has Yeah, I, I, I know, I know what we, we were talking About, but they just added that in when they were talking over there. Okay. On the Part, sorry, 2 cents in On the part. He was, he, he mentioned about not getting that into response when they sent it to, to get that response back. And it, does it not say in the, in the lease that supposed to give that Oh, the city's entitled to to, yeah. That's why the information and documents, I think what they were saying is they didn't think it was really appropriate and necessary or appropriate at the time. And it sounds like they understand now, especially with their proposed, uh, sale of the, of the operation, that, that it clearly is relevant. There's, there's no body to selling the property. That's I To under our recreation thing. So. Well, I read part of, I read the agreement or what was presented and I just Yeah, it's somethings reflected. Yeah. All right. So that's the motion. Okay. Does anybody wanna make that motion? I'll make that Motion. Commissioner Kennedy made the motion. Do you wanna read it again? Where we'll make sure everybody hears That motion to authorize and direct the city manager Vback Dominic and the city's consultants to evaluate and respond to the cover letter from Logan Opal dated June 26th, 2024 and the attached purchase and sale agreement regarding the lease of the city owned real property, located at 1 0 5 2 1 Clark Co Road, the Forest Lake Golf course. Alright, there you go. So here's second. I'll Second, second about Commissioner Wilson. Any more comments? Let's vote. Motion carries you unanimously. Alright, thank You very much. Thank You. Okay. Alright, let's move to the, um, comment from commissioners. Uh, commissioner Kennedy. No problem, ma'am. Commissioner Wilson, I'll make this brief. I did not talk to Craig beforehand, but you know, I know in March we went ahead and signed where each one of us would be placed depending on what board. And I know that Rob is on the, um, chamber board. So is that something we need to make a motion to put you on there when Rob, you've already We already we've already done that. Yeah. Thank you. Thank you. I guess I'm, I'm behind the times. Um, the other thing is, I know how important our downtown businesses are and I just wanted to make a point that we have one that just reopened Santos Pizza over here on the shopping center at Silver Star and Blueford. Sorry, I guess I had a moment there. And just wanna let you know how important our downtown, downtown businesses are and our businesses in at Cowe because if we don't frequent our businesses, we won't have them. So how important it is not just downtown, but any business in a coi. We wanna keep them open. And please, if you're gonna go out, think about going to a COI instead of going to one of our Sister Cities. How's that? Instead of mentioning the names, but, uh, I won't mention names 'cause they seem to like to think they're better than us, I guess, but they're not. Um, so please support our local businesses. That's all I have right now. Thank You. All right. Thank you. Commissioner Wilson. Uh, commissioner first. No, I don't have any comments tonight. Commissioner Oliver, I just have one item that I just have, I have to ask. Uh, received, uh, several phone calls, emails regarding, uh, clock Road and of Clock Road. And I really, and I've spoken to, uh, several HOA board members who's watching the meeting tonight and we'd really like to get an update on what's going on with Clock Road. And we started at hyper speed and now we kind of slowed down, so we just wanna know what's going on with that. Um, thank you Commissioner Oliver. Mayor, if I may address that, that I too have been inquiring of that project and I'm happy to tell the commission that it will be starting back up on that segment that, that we had notified you and I, I, I saw the correspondence was one of your inquiries. Um, what happened was there was a, in the field grading discrepancy with the plans. So city staff's been working with the engineer of record and with Lenar Holmes, who we contracted with originally to get that addressed. They're starting back up August 19th, so please, um, I have also asked them to update the city's website to reflect that schedule. Um, but we're starting back up full force August 19th. Awesome. Great news. I would like to comment on that. I've answered a few calls, a few emails and text messages about that, and I let 'em know before that it's, that's what the problem is, that is redesign and different things for permits. So that's why it was delayed. So good news. So I'm just glad that the project's going to pick back up and, and keep moving forward. And the last thing I have is, um, just my, my quote that I always find somewhere you can't treat, you cannot create chaos in the lives of others and expect peace to come to yours no matter what they did or how you feel, uh, causing, causing hurt or harm to others will never bring healing to you. That's all I got. Alright, thank you. I, um, I just wanna say everybody next week, I think, if I'm not mistaken, the school starts back August the 12th. Mm-Hmm. Is that what it is? August 12th We had a, we got a yes. Sign for Look at that. You know, that new knowledge, Look at that smile. So I just want everybody to remember, 'cause it's gonna be kind of a busy place around here next week on Blueford Avenue and these streets. So be careful. Watch for these children as they're out. And we have a lot of 'em that walk around downtown coming down the sidewalks and stuff, so please take and watch 'em what they're doing. So we appreciate it. Um, I don't really have anything else. It's, um, see you of May march, what is it? August 20th. 20th. We'll See you next month. I'm behind it. That's next year. March the 20th. No, there, there was something else too, Craig. The um, um, on you, you brought that up about, uh, commissioner Wilson's area there on the light. Sorry, the four way stop or the light thing we're going to do. Yes sir. You'll have that at the next meeting, right? It'll be on the consent agenda for the next meeting. Alright. The other thing we didn't bring up is the, is the right of way there about putting the sprinklers back on and the water line runs through there. So can we get somebody on our staff? I've been working with the HOA president from, um, Veronica Place regarding The issues there. There What about, what about, I have a note he sent me regarding some of those issues. I have, wait a minute. Excuse me. I talked to him twice today and I've talked to him. I can, I thought he was president. No, He's not. You're not president. I'm the vice president. So I've been talking to the president of the HOA Oh, okay. Numerous times. And we're discussing the issues they have there that I'm taking it from the HOA president. So yes. I really don't appreciate someone telling me No, I haven't because yes, I Have, I want what I want. I can't believe it. My time here. Go right ahead. What I'm saying is I'm talking about the, it pertains to Marial point too. So I'm talking about the right of way down there where there were grass and those trees. That's not very productive, but about what we can do to help that process do so. Okay. I'm talking to him. So whoever you talking to, I'm talking Okay. Make sure you talk to the delegates too. So, well There, he, it's for his, he is, I'm talking to him so he can talk to his board. Okay. All right. That's good. All right. Thank you very much. I sound.