e e e e e e oh it's my brother's birthday in heaven today all right good evening if you all stand with me for the Pledge of Allegiance I pledge to the flag of the United States of America to One Nation God indivisible withy andice for all thank you if you could join me in a moment of silence [Music] thank you like to call this meeting to order of the Avo city council it is Monday May 20th 2024 approximately 6:30 three members of council are present two are missing we miss Miss uh mayor sladik and councilman poock they had uh High School graduation activities uh today so we have a councilwoman tuer and councilwoman Britain and myself tonight so we do have consensus uh first up is our ceremonial item it uh our pride day declaration so you want to go down we read it and I know we've got some people here to support us if you guys want to come on up while we read it you're more than welcome so this is a declaration of the city of Ido whereas the city of Ido accepts and welcomes people of diverse backgrounds and cultures and believes a diverse population leads to a more Vibrant Community and whereas the city of Ido is dedicated to fostering acceptance of all people and denounces oppression and discrimination against people on the basis of sex gender identity or expression and and or sexual orientation and whereas the city of Ovito believes in working together with all community members to facilitate relationships and provides safe dignity and a welcoming environment for City residents businesses and visitors and whereas a city of oido believes that every person has infinite dignity and worth and encourages the people of ovido to embrace this principle and work to eliminate Prejudice whenever and wherever it exists and whereas the city of Vito believes everyone should be able to live without fear of prejudice discrimination violence and hatred based on gender identity or expression and or sexual orientation and whereas lesbian gay bisexual transgender and queer questioning lgbtq plus individuals contribute to the cultural Civic and economic successes of the city of Ido and whereas the city of Ido supports visibility dignity and equality for lgbtq plus individuals and whereas pride month is an entire month dedicated to the uplifting of lgbtq plus voices the celebration of lgbtq plus culture and the support of lgbtq plus rights and where the city of Ovito joins the lgbtq plus community in celebration of diversity and unity and the commitment to treating all people with fairness and respect and whereas the recognition of pride month raises awareness for the city's lgbtq plus community and is an opportunity to take action and engage in dialogue to strengthen alliances and build acceptance and understanding now therefore be it declared that the city of Ido uh city council the city of Ido Florida hereby recognizes the month of June 2024 as pride month and encourages all residents of the city of Ido to celebrate and build a culture of inclusiveness and acceptance during pride month as well as every other month of the year and this is signed by by Deputy Mayor Jeffrey bford council member Keith Brittain council member Bob Pollock and council member Natalie tuer thank you if you want to stay up here for a photo yeah oh was really loud guess I was like holding it further further away you just have a loud all right next up we have the approval of the minutes of April 15 2024 what is the pleasure of counsel I make a motion to approve the minutes from April 15th 2024 second you're testing me I can see that all right we have a motion to Second any discussion all right all those in favor say I I I oppos okay on to public comment I do have one written request for public comment Mr a good evening thank you you state your name for allowing me to speak my name is Alan a I live at 1000 Lake Rogers Circle in Ido uh so in regard to ordinance number 1743 this was uh passed last meeting um the zoning map Amendment for 82.6 4 Acres from a agricultural to I2 industrial uh that was passed by this Council um just a tiny bit of background to to remember rezoning was requested by sunflower Holdings Who currently does concrete recycling but like would like to begin wet concrete production and distribution via mixer trucks uh the request was to change uh 82 roughly Acres uh to be zoned industrial I2 from a uh staff and LPA recommended uh rezoning this rezoning to I2 uh mayor SLC asked if the proposed usage this wet concrete production and distribution was permissible in an i1 zoning district and staff reported that the proposed usage was permissible in i1 however the council voted 4 to1 to accept the ordinance as proposed with I2 zoning I'm speaking tonight to request that the council move to reconsider ordinance 1743 the property is located adjacent to the Ovito Sports Complex it shares a corner with Shane Kelly Park is adjacent to a kids learning academy uh preschool and Child Care Center uh which appears to have an outdoor exercise course and is across the street uh directly from the Waverly Woods subdivision the request and the action of council uh concerned me due to the proximity uh to where Ovito kids play baseball and softball to the West football and soccer to the Northeast where preschoolers play outside to the South all this in addition to the subdivision across the street to the South as has been stated the concern is not necessarily what with sunflower Holdings might do with this property in the immediate future or as was discussed last week or last meeting but with what they or a future owner might do with this property and with this zoning down the road so what is the difference between i1 and I2 uh some of them were enumerated in the table in the packet last uh meeting uh but one difference that was not or not that I saw was allowed smoke output according to the Ovito Land Development code smoke output in i1 is limited in volume to a capacity of ringl number one I2 allows ringeman number two uh I'm not an expert in the ringl numbers but suffice it to say higher numbers are dirtier again this is adjacent to where our kids play sports to the west and to the Northeast and kids to the South as well the applicant's attorney was asked why I2 was requested rather than i1 and he said it was because the applicant wanted additional flexibility that came with I2 without elaborating in my business we would call that a tautology in short we want the more flexible zoning because we want the additional flexibility the unspoken part of the attorney's comment was perhaps more crassly we want I2 and we don't think we have to give a reason why does it matter well other than the obvious of allowing more Smoke Stack output in a place right next to where our kids play sports people come up to this Podium every time there's an unpopular housing development project and they hear the same things from Council basically that priv private property owners have rights based on zoning and that the council is not allowed to deny them those rights under the law and that and that is correct well in this case what we're doing is we're creating property rights for the current owner of a p a piece of property increasing the value of that property to the applicant while at the same time creating rights which the applicant can't articulate a need for and creating the potential for a future Council to end up in a position of we can't do anything about what a new owner does which we don't know what they could do perhaps because this owner has rights that were granted by a prior councel that prior Council being this Council so given that the current applicant won't give a reason to want I2 over i1 and given that the staff believes that the applicant does not need I2 for their stated business plans why should we give them more than they need and more more than they can articulate a need for again it's not about what the applicant does it's about what a future owner of that property may want to do next to where our kids play sports shouldn't we let a future Council decide what that zoning should be if and when a future owner wants to increase it I respectfully request that you move to reconsider ordinance 1743 P May 6 2024 thank you great thank you I have no more uh written requests to speak is there anybody in the audience that wishes to speak on any topic tonight okay see none yes ma'am if you want to for the what for the logo not tonight man' but if you'd like to come up and do three minutes of public comment about your thoughts on it you're you're welcome to just state your name and your address to start with 246 Drive oh can you can you do it in the microphone so it can be recorded I'm sorry sure yeah Judith bman 2406 Turnberry Drive ovido 32765 I was just wondering if you ever do change that logo which is kind of cool um could we do something I'm a teacher could we do something where students might be able to compete to to design a logo students from Hager and OBO high school it's really not it's public comment it's not really a kind of question answer Point part of the meeting we we can talk about it during our reports okay I'll just say that it's not out of the realm uh to to consider okay um but again this is it's very preliminary in the process okay all right thank you thank you okay is there anybody else in the audience that wishes to speak yes ma'am you come up and state your name and your address Claudia Thomas I'm actually in Sanford but I came down to support the proclamation that you made today I'm very grateful as a member of the community and hope that uh we and Sanford can do something similar in the future so thank you great thank you okay before we close is there anybody else that wishes to come up and speak okay we will close public comment we are now on to the consent agenda what is the pleasure of councel I'll move to accept the consent agenda as presented second all right have a motion and a second any discussion no okay all those in favor say I I I opposed okay consent agend passes we have no public hearings we have no first readings we have no resolutions we have no discussion items City manager's report I have no report Deputy Mayor well you're just making this easy aren't you city attorney's report thank you Mr Deputy Mayor I do have a um a a request rather than a report um at the last meeting I requested council's approval to commence a nuisance abatement lawsuit and um I have confirmed um with Mr Colbert that my understanding was correct that the council can vote during the City attorney report to approve filing that lawsuit uh I reached out to the absent members of the council to make sure that they didn't object to me bringing this up while in their absence I heard back from the mayor did not hear back from Mr poic but um no objections were received and due to the fact that time really is of the essence with this the neighbors are in desperate need of relief from the situation I'm requesting that the council approve the filing of a lawsuit um to Abate the nuisance occurring at 987 or Avenue thank you okay and then we need to do that tonight yes sir okay and what is the best approach to kind of doing that this just put on the line all right I mean I'm on board yes yes we need actually Deputy what we would need is and if someone wants to say if I say it correctly you can say so moved uh that we need a motion from the council directing the City attorney to file a lawsuit uh against the property owner yes it would be against the property owner and the um all unknown occupants of the property the property itself um which sounds weird but and um and then I'd ALS we we are also probably going to name uh the lean holder of the property so there would be three defendants Al together okay so say that again so I get this right motion to file lawsuit against property owner um the uh the property owner lean holder and unknown occupants all occupants in possession but and it might be better if you um I I was thinking it might be better to leave it open in case we find that we need to add any there are additional defendants so perhaps the motion would be best made just um all appropriate all necessary and appropriate defendants give me some leeway there what was the address 987 Orange Avenue okay I make a motion for the City attorney to file a lawsuit against all necessary and appropriate defendants at 987 Orange Avenue oido Florida 32765 okay second but I had I want have a few questions have we' done everything we can through the code enforcement process on this yes uh yes our our code enforcement magistrate has had two hearings on this and uh he he has done everything he can do the property's already acre fines every day uh there has been some cleanup of the property however what the purpose of the lawsuit is to get people out of the house because that seems to be the biggest problem is the people inside the house if that's am I sitting that correctly yes we've exhausted the C serving as boarding house right now Bas you could look at it that way in some ways yes it's it's a very um migratory maybe maybe is a good word it's in and out you know you never know exactly who's going to be there U and the owner recently was uh had an overdose was taken and then he's actually in jail right now and so the lawsuit is against the owner and anyone else who's in there plus the property yes what what I'd like to request the the court to order is that the property can is not cannot occupied by anyone until the nuisance is abated and there are some other relief that I'd like to request in in the law so we'll see what the reports it's all um up to the judge to Grant the relief but that would be the objective is to um prohibit the property from being occupied until the nuisance is abated and quite honestly Mr Britain what the reason we're doing this is the property doesn't qualify for condemnation I mean that really the magistrate said that's what he would like to see happen Okay however when we went through the property maintenance code and the other codes that Define what a property and when a property is eligible for condemnation we it didn't meet the standard uh this lawsuit at least helps us get the property get the people out of the property so then the nuisance can be can be addressed okay I guess I'm confused about the term lawsuit you're really just asking the court for some help with settling the matter it that is a good way to put it it is technically filing a civil a lawsuit in civil lawsuit for to Abate the nuisance so we are suing the statute does provide the recovery of costs um and so this is a it is an actual lawsuit that we file um and one of the elements of the nuisance is that there has been no water the water has been turned off since last year and people are continuing to occupy the property and unfortunately we can't condemn the property based on that lack of sanitary proper sanitary services because it's not it's it's not caused by an issue with the facility itself it's just that the occupants AR don't have it turned on because they haven't paid the bill they um so it's not a situation where there's faulty facil facilities that would there's an issue with the with the structure itself which is okay I just want to make sure we've we've gone through all the other option we can before we start going and talking the judges and other lawyers yes sir and um the the and we have tried very hard in fact the the special magistrate recommended condemnation December 7th at the December 7th um hearing and we have continued to try since then to avoid further action to no avail and this is a this is our last Last Resort for for certain okay for the the sake of the neighbors and the rest of the neighborhood I'll I'll go along with it but I'm usually not too much in favor of going to court for anything all right so we had a motion and a second is there any more discussion on it all right so we'll take a vote all those in favor say I I I oppose thank you you're welcome that's all I have okay uh first up is uh council member Britain okay I really don't have a report but uh Brian can we do something uh about Mr 's comment I'm not really sure what level of smoke uh level one or level two is but I would assume over the years the there would be EPA requirements that would would define those things and become more stringent I know they're becoming more stringent all the time but I'm not quite sure what that means can you give us some information you don't have to do it tonight because I'm I don't know if you have it or not but it's it's it's a chart that's in our code of ordinances and we can we can give you that okay and and everything it would be if someone called if there was a smoke smoke issue and someone called code enforcement it would be what the code enforcement staff would utilize as far as determining if if there was violation you I I assume it's not allowing soot in the air to fall on cars and I would would think damage pain or anything like that is there I I would think that's it but I like I said I I'd have to look at that myself okay thanks that's all I got okay Council woman tuer no and I guess I want to speak to that too um you know our comprehensive plan the five of us unanimously passed a couple years ago now and it future land use stwn that land is industrial um whether that's i1 or I2 that land has been pretty much designated to be either of those things so if we were to say i1 only and let's say they sold it to someone else who wanted I2 they could still come out and say we want I2 and it would still pass because the future land use already allows that so whether it's now or later it's it's not not allowed in the future um it it really does match what we've already declared as a future land use there um so I mean I see the concern as far as what we get the most concern from residents is putting up too many apartments in different areas which is what I mentioned in the last meeting apartments are allowed in all industrial zoning based on the live local act um so whether it's i1 or I2 you can have apartment complexes there so as far as what most residents are concerned about is that I see what you're saying with the air quality I don't know the exact rules and what he's going to bring back but as as far as as working in the power plant industry you should be able to breathe what's coming out of a stack now and those are not allowed anywhere near your cities so I can't imagine what they're going to be putting in I to of whatever this allows is going to be something that's going to cause an issue and if it is we will address it um so that's that's my two cents on that one but thank you for coming out and speaking and thank you for the people who came out and spoke on Pride I I really do appreciate it it's great for this community and I am happy to say that that we support people who who they are so that's all I have I got all right oh and I I'm sorry one more thing and I did want to say to to our attorney Miss Ross I know that's a really hard situation and and rest assured we have exhausted and they have exhausted every opportunity to try to help these people and get them compliant before we go forward with a lwuit and it's and it's just a really bad situation so I know that's really hard and I appreciate you doing that thank you okay um mayor SL is on here council member PA is on here and then I am up and back on to Mr Dr about your thing as well I I would tell you about that property when we first voted on actually selling it that thing is very limited on what its uses are because of what its former uses were uh it's got a cap that I believe is six feet four feet Teresa do you remember 3 feet which means you can't go past 3 ft in the ground so I mean you literally are are limited on what you can do do um so I mean I understand your concern about it and again I think it was legitimate we'll find out more about the uh the smoke meters and on that but that that property is really limited on what you can do with it uh outside of that and we used the money to pay down some some debts that we had so I mean we you couldn't turn it really into a park you couldn't turn it you couldn't put light poles on it you couldn't do anything so I mean this you now um also appreciate you know the uh the pride day declaration uh thank you councilman tuer for for helping spearhead that and councilman uh Pollock on that so again being inclusive as a city I think is uh very important and this weekend is Memorial Day uh is a time for us to uh remember and recognize those that gave all um being a father of a child that's in the military I can truly respect um what that really means so again I I reach out to everybody here to make sure that you recognize that weekend I know it will'll be a fun weekend for a lot of people as well but remember why why is there um and that is all I got for tonight uh future meetings uh we have Monday July 3rd uh say 6 and [Music] 6:30 should it should be 6:30 6:30 all right so we'll be 6:30 and then Monday June 17th will be 6 o' CRA tenative it's tenative tenative 10 and then June 17th uh 6:30 regular session is there anything else for a get to the order the meeting is adjourned