Apopka City Commission outlines developer credit changes, explores legal services options 

The city of Apopka plans to apply eligible developer credits against impact fees as building permits are issued rather than make upfront lump-sum payments, Mayor Nick Nesta said during the Wednesday City Commission workshop. 

The approach is intended to keep money in city accounts longer and establish a consistent process for providing credits for eligible infrastructure improvements. Commissioners also discussed seeking proposals for legal services, including an arrangement placing an attorney at City Hall for scheduled hours. 

“Nobody gets special treatment. We’re doing it this way moving forward,” Nesta said during the impact-fee discussion. 

Commissioners took no formal action during the workshop. 

Nesta said the city previously used different approaches to providing developer credits, including upfront payments and reductions in fees as development proceeded. 

Commissioner Nadia Anderson supported phasing in the credits, saying it would avoid providing a large credit before a developer completes a project. 

Public Works Director Vladimir Simonovski explained that utility improvements differ from roadway improvements when determining eligible credits. He said utility improvements aligned with master plans for water, sewer and reclaimed-water facilities are addressed in the city’s land development code. Roadway credits depend on a development’s traffic impacts and needed improvements. 

For utility upsizing, Simonovski said credits cover the difference in material costs between the infrastructure a development requires and the larger infrastructure installed to meet broader needs. 

Simonovski said developers generally complete infrastructure improvements before constructing homes or commercial buildings. The city then applies eligible credits against the corresponding impact fees as building permits are issued. 

Responding to questions from Commissioner Sam Ruth, Simonovski said the city reviews developers’ estimates against costs from recent projects and requires documentation showing the contractor was paid. 

Public Works tracks the credits, with the Finance Department providing backup tracking, Simonovski said. Nesta said the pace of development determines how quickly developers receive their credits. 

Commissioner Yesenia Baron also asked about a previously requested audit of impact fees and credits. Nesta said procurement staff were developing that review, including examination of how changes in property use are tracked, along with a separate review of water bills, charges and meters. 

On legal representation, Nesta said the city would seek proposals and bring the responses back to commissioners before a final decision. He emphasized that the process would not commit Apopka to replacing its current attorneys. 

Vice Mayor Diane Velazquez favored a hybrid arrangement that would provide scheduled access to an attorney at City Hall while retaining a law firm’s range of specialties. 

Ruth also advocated readily available legal advice for daily city operations, including development and public safety matters. 

Anderson defended the current firm’s work and questioned whether the city should pursue changes while essential leadership positions remain vacant. 

“I think first we need to hire for essential positions,” Anderson said, identifying the city administrator and finance director positions as priorities. 

Nesta said recruitment and the legal-services solicitation could proceed simultaneously. He said the current attorneys had offered an option involving scheduled hours at City Hall and could submit a proposal. 

Anderson requested that the solicitation include board certification and government experience among the qualifications.