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Consent Agenda item that triggered debate on city attorney returns to July 5th meeting

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A consent agenda is a tool used to streamline meeting procedures by collecting routine, non-controversial items into a group whereby all are passed with a single motion and vote. Typically, the Apopka City Council researches these items before the meeting and votes 5-0 to move them along. It's a nice time saver for a Council that needs every time-saving device it can get.

But occasionally, a commissioner will pull an item off the consent agenda because they have questions and want to send it through the traditional one-at-a-time process. And on rare occasions, an item is so controversial that a thought-to-be former city attorney has signed off on it, and a mayor is unaware of what the item is or why it's on the agenda.

Such was the case at the June 21st meeting...

"We have 11 items on the consent agenda," Mayor Bryan Nelson said to open the consent agenda vote. "Does anyone need to pull an item?"

"Yes," said Nesta. "Number one for me. It's the 18 East Station Street Code Enforcement Lien. I never got any answers about what that's about or what that's from. Code enforcement didn't know what that was, either. So I don't know how that got on here. Somebody had said, I guess that, and this leads me to something very important that, I guess, former City Attorney [City Attorney Michael] Rodriguez put this on here?"

"I don't know," said Nelson. "I don't know how it got on there."

"Do you know what it is?" Nesta asked.

"No," said Nelson.

"Is he (Rodriguez) still employed by the City? Nesta asked.

"He is," said Nelson.

The revelation and discussion about Rodriguez remaining as city attorney triggered the administration to revise a separation agreement between the City and Rodriguez from July 7th to June 22nd. Rodriguez publicly resigned at the May 3rd City Council meeting but remained on the job for over two months afterward. It also stipulated that Rodriguez received 13 weeks of severance pay.

Previously, Nelson informed the Council at its June 7th meeting that the City no longer employed Rodriguez as of that day - albeit inaccurately. 

That same item pulled from the June 21st consent agenda returns to the July 5th consent agenda - again in the first position.

According to the Apopka City Council Agenda Packet for July 5th, a summary of the item states:

"On February 24, 2004, the City of Apopka rendered an Order Finding Stephen C. Flowers, the owner of the property at 1711 Old Dixie Highway (“Subject Property”) in violation of the Code of Ordinances, City of Apopka. A fine in the amount of Two Hundred Fifty ($250.00) Dollars per day was imposed starting on March 25, 2004.

Pursuant to Section 162.09(3), Florida Statutes, an order imposing a fine shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. The owner of the Subject Property also owned the property located at 18 E. Station Street. In 2004, that property was subject to a mortgage foreclosure, and final judgment was obtained, thereby foreclosing the City’s interests on that property. The lien was recorded after the lis pendens was filed in the foreclosure case. Therefore, the City was not a named defendant. Counsel for the current property owner requested a release of lien on the property located at 18 E. Station Street in order to there to be a clean title."

The July 5th Apopka City Council meeting is scheduled for 1:30 pm at City Hall. To review the agenda, go here.

Apopka, Apopka City Council, Commissioner Nick Nesta, Mayor Bryan Nelson, City Attorney

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  • MamaMia

    I just watched the city council meeting. Welcome back to the public, Cliff Sheppard, as the city attorney. I approve of Cliff. He always answered my questions before, when I didn't understand things. All these threats, the council members talked about.... Are they real? I have to wonder? I think some of this stuff is conjured up! Well, it looks like Becker is trying to be the mayor's worst nightmare, just like I predicted, since his non- re-election announcement.... yawn. Becker reading off and submitting his resolution that would censor the mayor. It is political, not legal, according to the attorney, but Becker didn't want anyone to think it was political, or a personal vendetta, yeah, just like I predicted. Becker just won't let go of the former attorney leaving, and it was said Michael Rodriquez

    was helping with the transition until the next attorney came on board. So petty! Oh well, same old, same old. Petty political crap taking up time, and not working for the good of our residents and city....That's GRANDSTANDING, just like I had predicted

    Wednesday, July 5, 2023 Report this

  • Richard

    It’s good to see Cliff Shepard and his law firm back representing the city. A real attorney that will not put the integrity of his firm on the line with nonsense. Did anyone notice how he wasn’t interjecting his opinion every five minutes on every topic at todays City Council meeting. Thank you Commissioner’s for getting rid of Rodriguez. Now let’s move on with Charter Review and Changes for the better.

    Thursday, July 6, 2023 Report this