By Reggie Connell, Managing Editor
A lot can happen in 16 minutes.
In Super Bowl LI (2017), Tom Brady and the New England Patriots trailed the Atlanta Falcons 28-3 with a little over 16 minutes left but rallied to win 34-28 in overtime.
The Battle of Trenton, fought on December 26th, 1776, is often cited as lasting around 16 minutes. This surprise attack by George Washington's Continental Army against Hessian forces was a pivotal victory in the American Revolutionary War and helped boost the morale of the American troops.
Now, add to that list a 16-minute meeting that decided how Apopka would spend $200 million.
At its final budget hearing, the Apopka City Council voted 5-0 to increase its millage rate from 4.1876 to 4.6876 for its fiscal year 2024/25 budget.
But then, despite its brevity, things got a little weird, as they often do at City Council meetings, workshops, and hearings. Chaos and turmoil usually get their turn, and they don't have to wait until the end of the meeting or stop after four minutes.
"Before we jump into this, I just want to note that [city] attorney Cliff Shepard is not present at this meeting for the budget and millage increase, and because of that, he's not here to counsel us or answer any questions," Commissioner Nick Nesta said. "So, with that in mind, it's best that I recuse myself from this part of the agenda. I'm going to leave the room, so there's no impropriety or anything in that capacity."
Nesta explained his actions in a text to The Apopka Voice the next day.
"The City of Apopka millage rate was set at 4.6876 at the City of Apopka Final Budget Hearing on September 25, 2024 at 6:00 PM EST," he said.
"This millage rate was unanimously approved by the current City of Apopka Council.
This millage rate increase was necessary in part due to City of Apopka senior leadership's (Strong Mayor form of Government), lack of planning for the cities aging infrastructure topped with city growth without a plan and therefore an increase in necessary services to our residents is at the forefront.
For the City of Apopka FY 2024/2025 budget, I had a few questions for the City of Apopka's legal counsel, Attorney Cliff Shepard; however Cliff Shepard was noticeably absent and there was no representative from his firm, Shepard, Smith, Kohlmyer & Hand, P.A., present either for the final budget meeting on September 25, 2024 at 6:00 PM EST.
Since I was unable to obtain City of Apopka legal counsel due to the unforeseen absence of the City of Apopka's Attorney Cliff Shepard for such an important matter as the budget, it was best for me to recuse myself from this particular vote on the City of Apopka FY 2024/2025 budget as well as leave the room while the discussion and vote took place."
City Administrator Jacob Smith responded by email to The Apopka Voice, displaying optimism for the process and a plan for the next budget cycle.
"After four months of budget meetings and discussion, scrutinizing and adjusting over 6,000 lines of details, and going through the Truth in Millage process, we have a budget! A lot of effort was put into producing a balanced budget that will meet the needs of the City of Apopka for this year. The budget is one of the most important policy documents the Commission will adopt this year; It implements the City’s strategic vision, sets priorities on spending and service levels, and acts as a guiding document to manage the day-to-day operations of the City.
The City’s staff, Mayor, Council, stakeholders, and the public spent countless hours and conversations negotiating this budget, and I want to thank them all for their participation and input. For next year, we have already begun to make plans for a better budget schedule, more opportunities for public input and education, more workshops and discussion by the City Council, and better budget materials that everyone will be able to view and understand."
He also explained why Shepard or any attorney did not attend the hearing.
"It is not customary for city attorneys to attend budget hearings, and where we were only adopting the millage rate and final budget, I did not see the need for an attorney."
The Council, only needing a majority vote, still approved the $201.2 million budget 3-1, which includes $97.8 million in the general fund. This was a $35.8 million (21.6%) increase over the 2023/24 budget. It also used $8.1 million from its reserves to balance.
But wait, you said 3-1? Who dissented?
Vice Mayor Diane Velazquez voted against the budget at the first and final hearings. She explained her reasons in a 900-word letter to Apopka City Administrator Jacob Smith.
"I am writing this email as a follow-up to my vote for ‘Nay’ at the special public meeting for the final vote for the City Budget 2024-25. As I reported during my discussion at the last special public council meeting, I did meet with you earlier in the day to share my concerns regarding the budget scheduled to be voted on.
During the workshops, when our board was going over the additions/cuts, there were items I had expressed I was not in favor of. Yet, I felt my concerns were shrugged off with an explanation that the monies allocated did not guarantee those funds would be issued without the consent of the council. I expressed the lack of a policy and procedure for existing expenditures listed on the budget. I raised the issue of items the resident(s) were questioning and expressing were out-of-scope and should be reconsidered: the $200K Concert (Apopka Proud); Saturday Sounds; the $100K proposed Grant Fund; the donations & sponsorships by the City for certain non-profits in the City, $12K to each group; residents inquiring where is the policy for the individual Commission’s discretionary account(s) because they want to be able to apply for donations.
I shared concerns about Golden Gem's ongoing expenditures (do we have a real number for what it will cost to get it up and running?).
Regarding the CRA, we need an Executive Director to be in charge of the CRA if we want it to be successful & it was cut out of the budget. Emerson Park, $3.7 million dollars to bring the streets up to city standard; those meetings were between the Mayor & their HOA Board & our city attorney.
It will set a precedent for other gated communities to rely on the city taxpayers to take over their streets & roads from private gated communities if their HOA fails to exist. I am not confident with the agreement. It will require a City Staff member to do all the work to determine the cost to the individual homeowner & and be responsible for overseeing & maintaining the city staff's assessment agreement.
Then there is the issue of the existing 6,000 non-working water meters; loss of revenue because meters are reading estimated usage. The maintenance and/or replacements of aging Lift Stations, the backflow program & where we are with the cost so far, and how much more is left to replace. Do we have a Maintenance Program for both the backflows & water meters after replacement? Until recently, I was unaware how many customers were getting their water cut off for non-payment (about 30 customers a week). The septic to sewer program with OnStye. We have received complaints from residents regarding the condition of their roadways, their sidewalks, and the easements.
When did the City realize it was running out of Operating Funds for Utility, Sanitation & Street Funds? Also, I brought to your attention a city expenditure occurring in my own neighborhood, renewing the striping on the roadway & creating a bike path in Rock Springs Ridge (initially, when I saw the trucks/workers in the neighborhood, I thought the improvement was being done through HOA) … I would learn via a social media post the HOA President personally thanking the Mayor for getting the striping & bike path done in Rock Springs Ridge. I followed up with an email to Public Services inquiring because this project in RSR was never presented to the council, nor was it listed on a prior list by the Public Services Director for future projects where funds were allocated.
Admittedly, refreshing the striping and adding a bike path will enhance the neighborhood's safety. I was surprised by the project and wondered where the funds came from because Streets Funds has no funds available, and it was not listed as a future project.
We (the commissioners) do regularly receive from individual neighborhoods requests for repairs of raised sidewalks, speed humps, and striping to help calm the speeding inside their neighborhoods.
After reviewing the budget as presented, I was not in favor of some added items, the lack of transparency and explanations of present expenditures occurring, and expenditures allocated for the next fiscal year.
Throughout the budget workshops, many residents complained of being unable to view the budget because the print was too small. Some residents questioned items listed that they were unaware their taxpayer dollars were being used.
I did ask you what your role is; as an elected Commissioner, we represent the voices of the taxpayers. Their expectations are the same for us as they are for the taxpayers. We are not employees. We are Elected Officials just like the Mayor.
The Mayor has been making decisions affecting the public without the input of his commission. He has done so by soliciting the Vote(s) on the dais during a public council meeting after instituting a change without a discussion, i.e., The Public Comment Session."
Commissioners Alexander Smith, Nadia Anderson, and Mayor Bryan Nelson voted in favor of the budget.
Although the budget did not entirely suit Smith, he sent the following statement to The Apopka Voice explaining why he was still in favor.
"As elected officials, we are charged with representing the citizens of Apopka. There are times when difficult decisions must be made, and that is part of the responsibility we have been charged with. Every decision will not please everyone, but it is my duty to listen to all citizens. In some cases, there is that silent majority that may not be visible, but their voices must be heard.
This budget session did present some challenges. Last year, we were blessed with some funds that were not available to us this year. Not only has the cost of living gone up on our residents, but the cost of goods and services have also gone up on the material required to keep up with the maintenance and growth of the city. The original budget that was presented would have resulted in a higher increase in water and sewer and in the millage rate. Staff was instructed by the Mayor and Commissioners to go back and see if there were items in the budget that were not essential at this time. Staff also asked the Mayor and Commissioners to submit any items in the budget that they felt should be removed or added. This was done by both parties, and an additional workshop was held on August 28th which I suggested to discuss the results. As a result, the budget was modified accordingly, which resulted in a lower increase in water and sewer and in the original proposed millage rate."
Anderson considered her vote a sign of leadership.
"As elected officials, our responsibility to the citizens of Apopka often requires making difficult decisions, especially when managing the city’s budget. These decisions are challenging but essential to ensuring the long-term stability and prosperity of our community. When the final budget vote came, one commissioner stepped away from their duties at a critical moment, citing legally questionable reasons. This was a missed opportunity to engage in the process and demonstrate leadership.
Another commissioner chose to vote against the budget, but unfortunately, no alternatives were proposed. Our community deserves more than opposition without solutions; they deserve thoughtful leadership. As elected representatives, we are expected to make the hard choices necessary to move Apopka forward, even when they are unpopular.
As your commissioner, I take my role seriously. My decisions are based on a careful evaluation of the facts, considering what is in the best interest of Apopka, both now and in the future. The vote to increase the millage rate was not taken lightly. It was part of a well-considered budget plan designed to address both longstanding obligations and the current needs of our growing city. This plan ensures continued investment in critical areas like public safety, infrastructure, and essential services for our most vulnerable residents, including children, seniors, and veterans.
Passing a balanced budget is not only a legal requirement but also a fundamental responsibility to our citizens. A vote against the budget, without offering a viable alternative, does not meet this responsibility. Our citizens expect us to engage with the process and work towards practical solutions.
The vote passed because the mayor, another commissioner, and I recognized that securing the necessary funding is vital to Apopka’s future. While it’s important to express differing views, meaningful participation in the process is equally important. Avoiding difficult decisions or not offering solutions diminishes the trust placed in us by the public.
We acknowledge the concerns raised by some in the community regarding taxes and are committed to maintaining transparency about how this decision will benefit Apopka in the long run. The millage rate increase is a step toward ensuring the continued growth and well-being of our city, allowing us to invest in the services that support a high quality of life for all residents.
Leadership means taking action when it matters most. I remain committed to serving Apopka by making the tough but necessary decisions that will secure a brighter future for our community."
Nelson saw the budget process as an exercise in negotiations.
"I'm disappointed that our Council couldn’t support the Budget with a unanimous vote," he said. "It wasn’t my preferred budget, but we all got something that we could all be proud of. We took care of our staff with additional pay to make us competitive with the Central Florida municipalities. We added another $1.7 million to our street’s budget to maintain our roads."
I congratulate the City Council, Administration, and Staff on completing this difficult budgeting process. It's a Herculean task, and yes, it sometimes looked like a Shakespearean tragedy, but in the end, you addressed many of Apopka's growing pains and created a plan for the following year. However, while the Council has made strides in addressing the city's fiscal challenges, the recent budget hearing has raised important questions about transparency, accountability, and planning for the future.
As Apopka continues to grow, the Council must remain vigilant in addressing not only the fiscal demands of a developing city but also the trust and expectations of its residents. Moving forward, it will be crucial to foster an environment of open dialogue, ensuring that all voices are heard and that transparency remains at the forefront of its operations.
Only then can the city truly navigate the complexities of its financial future while serving the best interests of its community.
