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HomeMy WebLinkAbout06-02-2020 Minutes MINUTES REGULAR CITY COMMISSION MEETING JUNE 2, 2020 CALL TO ORDER- 6:14 PM Mayor Johnson announced the following, "All interested parties are invited to be heard during the public comments and public hearing portion of the meeting. Due to the current State of Emergency regarding COVID-19, City Hall is closed to the public; however,the City requests the public to call or email comments and/or questions to 407-554-7118 or citizens(aocoee.org." Mayor Johnson called the regular session to order at 6:15 PM in the Commission Chambers of City Hall. The invocation was led by Mayor Johnson, followed by the Pledge of Allegiance to the Flag led by Commissioner Firstner. City Clerk Sibbitt called the roll and declared a quorum present. Present: Mayor Johnson, Commissioner Brinson, Commissioner Wilsen, Commissioner Firstner, Commissioner Oliver Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt PRESENTATIONS AND PROCLAMATIONS - 6:17 PM Proclamation for June 2020 —Small Cities Month,proclaimed by Mayor Johnson. Utility Billing Presentation Finance Director Roberts gave an update on utility billing which covered Late Fees, Account Suspensions & Terminations, and Convenience Fees. She further shared staffs recommendations for reinstating those fees, and requested recommendations and input from the City Commission. Commissioner Oliver voiced that he stands behind the recommendations presented by staff. Commissioner Wilsen shared her concerns and recommended with commencing all fees in July to give staff the month of June to notify residents. Commissioner Brinson echoed the same sentiments of Commissioner Wilsen, and inquired what mechanism would be used to notify the residents. Finance Director Roberts advised there are multiple methods they will be using to reach the residents, such as social media and notification in the utility bills. Commissioner Firstner stated he also stands behind staffs recommendations. Further discussion ensued with regard to the payment plan. Motion: Move to approve staffs recommendations with regard to the Utility Billing payment plan, and further reinstate all fees in July; Moved by Commissioner Wilsen, seconded by Commissioner Oliver; Motion carried unanimously. CIP Bond Issuance Procedures - This item was pulled by staff prior to the meeting. Fiscal Year 2019 Audit Results & CAFR Tammy Campbell, McDirmit Davis, provided an overview on the City's 2019 Financial Audit and CAFR. The highlights entailed the City's General Fund,the unassigned Fund Balance,Capital Regular City Commission Meeting June 2,2020 Funding Projects, and the Water and Wastewater Fund. She noted that the City received an unmodified audit opinion, which is the best opinion any city can receive. For 2019 the City was subject to a federal single audit as a result of the FEMA grant activity, and their testing noted no issues of internal controls. She shared the 2018 CAFR received the Certificate of Financial Achievement from the GFOA. Commissioner Oliver shared his feelings of discontent about the CAFR, which he feels does not reflect the trend of the City. He further shared he will continue to push for an independent audit. Commissioner Wilsen confirmed with Ms. Campbell that the audit her firm conducted is considered an independent audit as required by Florida Statute. Ms. Campbell answered in the affirmative,and shared that she believes the audit Commissioner Oliver is seeking is an operational audit, which is separate from a financial report audit. STAFF REPORTS AND AGENDA REVIEW-None COMMISSIONERS ANNOUNCEMENTS -None COMMENTS FROM CITIZENS/PUBLIC -None No telephone calls or emails were received. CONSENT AGENDA- 6:49 NM Consent Agenda Motion Motion: Move to adopt the Consent Aqenda Items #1 - #13 with Items #3 and #5 being pulled for separate discussion and consideration. Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 5-0. 1. Approval of the Minutes for the Regular Commission Meeting held May 5,2020. (City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 2. Approval of Reappointment to the Code Enforcement Board. (City Clerk Sibbitt) The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981.The purpose of this board is to review infractions of the City technical Codes, negotiate compliance, and impose fines for failure to comply. The Code Enforcement Board shall consist of seven (7) regular members and two (2) alternate members,all with three-year terms.There are no applications currently on file.The three-year term of Member Warren Lewis expires June 2020. Member Lewis has expressed an interest in being considered for reappointment. In 2019 Member Lewis attended five(5)out of ten(10)meetings. Approved on Consent. Motion carried 5-0. 2IPage Regular City Commission Meeting June 2, 2020 3. Approval of Police Department Additional Funding from Budget Amendment Considered at the May 5,2020 City Commission Meeting. (City Manager Frank) At the City Commission meeting of May 5, 2020, staff presented a budget amendment which included additional funding for the police department in the amount of$103,082.The Commission approved the transfer pending a more thorough breakdown of the budgetary line items to be funded by this transfer, specifically the certified mail costs and confirmation of the certified mail requirement from state statute for red light camera violations. Police Chief Brown has provided the memorandum clarifying the requested breakdown and confirming the certified mail requirement;however, since the May 5th meeting,additional funding has become available from the suspension of crossing guard contract due to the COVID-19 virus. Therefore, the City is modifying the requested additional funding from the budget amendment from$103, 082 to$42,074. Commissioner Oliver inquired whether the $103,082 was an incorrect figure, and further stated he would like to see the funding broken down by regular mail versus certifying the mail as there is no requirement that red light camera violations have to be mailed by certified mail. City Attorney Cookson explained that while the statute may not be required from a Court's perspective, mailing the notices without certified mail reduces the effectiveness overall, which is why it is standard practice by the Police Department. Deputy Chief Plasencia stated the Mark Wandall Traffic Safety Act, Florida Statute 316.0083, requires the first notification to be sent by first-class mail; however, the second notice of traffic citation is required to be sent by certified mail. Motion: Move to adopt Consent Agenda Item #3; Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 4-1 with Commissioner Oliver opposing. 4. Approval of the First Amendment to Development Agreement for Vermeer-Trinity. (Development Services Director Rumer) On December 4,2018,the City Commission approved and executed a Development Agreement for Vermeer- Trinity,which provided for specific incentives associated with the approved site plan.The First Amendment to the Development Agreement is in response to the developer's request to make changes to Section 3 of the Development Agreement making the Palm Drive realignment plan separate from the Vermeer-Trinity site, allowing for a 140-day period for the City to request construction of the roadway,and clarifying how the design, engineering,and right-of-way dedication would be paid for.This amendment also provides the fmal incentives for recruiting the businesses of Vermeer and Trinity to locate within the Ocoee S.E.E.D. (Special Economic Enhancement District). The City will provide for the reduction of the Building Plan review fee and Fire Plan review fee for the vertical construction of the proposed 28,057 square foot Vermeer Building with a construction cost of$2,700,000 and the Trinity Building at 44,788 square feet with a construction value of $2,850,000. Currently,both buildings are finalizing the building Permit review process. Approved on Consent. Motion carried 5-0. 5. Approval of an Interlocal Agreement between the West Orange Healthcare District and the City of Ocoee for the West Orange Trails Activation Master Plan. (Deputy Development Services Director/CRA Administrator Corless) The West Orange Healthcare District(District)is seeking to create a dynamic regional trail system that engages the community through the activation of wellness hubs along well-designed trail facilities. The District has requested the City of Ocoee's assistance in leading work efforts to develop the West Orange Trails Activation Master Plan, which will include a trail map, list of programing opportunities, capital and program costs, and recommendations for a branding and promotions program.The West Orange Trails Activation Master Plan will 3IPage Regular City Commission Meeting June 2,2020 take approximately nine(9)months to complete,and the District will compensate the City a lump sum amount of$25,000 for City staff's resources and expertise in developing the Master Plan. Commissioner Wilsen explained she will be abstaining from this item, because she is the trustee on the West Orange Healthcare District. Motion: Move to adopt Consent Agenda Item #5; Moved by Commissioner Firstner, seconded by Commissioner Brinson; Motion carried 4-0 with Commissioner Wilsen abstaining. (Form 88 is filed with the City Clerk's Department) 6. Approval of Memorandum of Understanding between Orange County and the City of Ocoee for the Use of City Owned and Maintained Property for the Lake Apopka Connector Recreational Trail. (Deputy Development Services Director/CRA Administrator Corless) Orange County Parks and Recreation Division is pursuing the construction of the Lake Apopka Connector Trail. This trail will connect the existing Lake Apopka Loop Trail and the existing West Orange Trail. The County is scheduled to design the trail in 2020/2021 and construction is anticipated for 2022/2023.The County will work with the City during the design process. Upon acceptance of final trail design,the City will grant a Recreational Trail Easement over the path of the trail in the City owned tract.The County Parks and Recreation Division will be responsible for maintaining the finished trail. The City maintains a reclaimed water line running under the proposed alignment for the trail. In the event the reclaimed water line requires repair by the City,the parties agree that the City will not be responsible for repairs to the trail resulting from said damage to the finished trail. Approved on Consent. Motion carried 5-0. 7. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement with Distribution 429, LLC for the Ocoee Business Park (Maguire Turn Lanes). (Development Engineer Womack) Ocoee Business Park is a Light Industrial/Flex Office Building Complex subdivision located on the west side of Maguire Road, south of Franklin Street and south of the railroad crossing on Maguire Road.The developer has completed construction of the infrastructure improvements for the complex and has requested a Certificate of Completion. Distribution 429, LLC has provided the City with a Letter of Credit in the amount of 10%of the constructed improvements. The Surety will be returned to the developer upon completion of the two-year warranty period and the repair of any damages caused over those two years. Approved on Consent. Motion carried 5-0. 8. Approval to Piggyback on City of Orlando Contract for the Purchase of Uniforms with Galls. (Police Chief Brown) Since the total amount the City will spend at Galls in this fiscal year will exceed the City Manger's approval threshold, entry into a contract is required by either obtaining three quotes, using a sole source, or by piggybacking on the contract of another governmental entity which was procured in accordance with competitive procedures. The City of Ocoee Police Department is asking for the Honorable Mayor and City Commission's approval to piggyback on the City of Orlando Police Department's contract with Galls. Approved on Consent. Motion carried 5-0. 4IPage Regular City Commission Meeting June 2, 2020 9. Approval of the Federal Fiscal Year 2018 Edward Byrne Memorial Justice Assistance Grant Program (JAG Countywide-State Solicitation). (Police Chief Brown) This year$11, 009.00 has been made available for the City of Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant(JAG).The Byrne Memorial Justice Assistance Grant(JAG)Formula Program Committee wishes to submit a 51% Letter to the Office of Criminal Justice Grants in Tallahassee. This letter lists the various programs for which the participating law enforcement agencies in Orange County plan to spend the $324,879.00 allocated to Orange County agencies and confirms the City's approval of the allocations.The letter and accompanying grant application must be signed by the Mayor.If approved,the City of Ocoee will receive$11,009.00 to purchase equipment for a decontamination project. Approved on Consent. Motion carried 5-0. 10. Approval of the FDLE Coronavirus Emergency Supplemental Funding Award. (Police Chief Brown) The Florida Department of Law Enforcement received a Coronavirus Emergency Supplemental Funding (CESF) award from the U.S. Department of Justice to be used to prepare for, prevent, and respond to the coronavirus pandemic. FDLE is passing through a portion of this funding as subawards to units of local government to include the City of Ocoee Police Department in the amount of$142,727.00. Approved on Consent. Motion carried 5-0. 11. Approval to Award ITB 20-007 The Hammocks Reclaimed Water Retrofit. (Procurement Manager Tolbert) In conformance with the policies and procedures of the City of Ocoee (City) and Florida Statutes, bids were solicited from qualified contractors to construct the Hammocks Reclaimed Water Retrofit. All work for the project shall be constructed in accordance with the drawings and specifications prepared by the City of Ocoee Utilities Department.The bid was publicly advertised on Sunday,March 8,2020,and opened on Tuesday,April 28, 2020. The City received three (3) bids for this project, ranging from $454,299.00 to $700,300.00. Staff recommends awarding the bid to General Underground,LLC as the most responsive and responsible bidder. Approved on Consent. Motion carried 5-0. 12. Approval for the Consignment of Used Sanitation Trucks. (Public Works Director Krug) The Commission declared certain Sanitation vehicles surplus at the March 17, 2020 meeting. In order to maximize the value of the surplus vehicles, Public Works requested the ability to utilize additional resources specializing in solid waste industry trucks along with the original suppliers for the sale of the vehicles. Wastebuilt Environmental Solutions has approached the City to consign four (4) of the vehicles which were originally purchased through them. With the economy as it is, trucks are in demand and Public Works has determined the vendor can market the trucks better than through an open bid. Industry contacts have verified the pricing is the best value we can expect for these particular trucks which will be refurbished by the vendor before final sale. Approved on Consent. Motion carried 5-0. 5IPage tS Regular City Commission Meeting June 2,2020 13. Approval of RFQ #19-008 Construction Manager at Risk for Fullers Cross Road and Ocoee-Apopka Road Intersection Improvements Guaranteed Maximum Price Contract Authorization. (Public Works Director Krug) The Commission awarded the Construction Manager at Risk(CMR) contract for the Fullers Cross Road and Ocoee-Apopka Road Intersection Improvements at the September 17, 2019 meeting to Oelrich Construction, Inc., (Oelrich), and approved the pre-construction services portion of the contract on November 5, 2019. Oelrich, VHB Engineers and City staff diligently worked on the next step in the CMR process which is to negotiate the Guaranteed Maximum Price (GMP) and completion dates based on a collaborative value engineering process of all involved. The City and County have evaluated the GMP proposal from Oelrich and have determined the pricing to be in line with current industry standards, however this pricing was above the funding limits set in the original Interlocal Agreement approved in 2018. An Amendment to the Interlocal Agreement between the City and County has increased the limits of the joint funding to allow the project to proceed to the construction phase.The County will be contributing$1,100,000.00 to the total cost of the project. The City's increase is funded through Road Impact Fees. Approved on Consent. Motion carried 5-0. PUBLIC HEARING - 6:59 PM 14. Request for Variance—Crisp Property, 1286 Dusty Pine Drive, Project No: VR-19-08. (Advertised in the West Orange Times on Thursday, May 21, 2020). (Zoning Manager Gajadhar) The applicant,Kimberly Crisp,is requesting approval of a variance in order to install a six(6)foot high privacy fence with a ten (10) foot side street setback, versus the required twenty(20) foot side street setback. Article V,Chapter 5-4, Section I,of the City of Ocoee Land Development Code(LDC)allows fences greater than four (4)feet,but no greater than six(6)feet high to be placed a minimum of fifteen(15)feet from the property line in the front side yard of corner lot. The adjacent lot is rear-to-side, which means the front yard setback is also required on both frontages,which is twenty(20)feet for the subject property. Zoning Manager Gajadhar presented an overview of the proposed variance for consideration. The public hearing was opened. The following person addressed the City Commission: - Kimberly Crisp, Applicant, shared the resident behind her has provided an affidavit in support of her variance request, and she further asked the City to please allow her to retain her fence. As no telephone calls or emails were received, the public hearing was closed. Motion: Move to approve the request for Variance for the Crisp Property, 1286 Dusty Pine Drive, Project No: VR-19-08; Moved by Commissioner Brinson, seconded by Commissioner Wilsen; Motion carried unanimously. 15. Preliminary/Final Subdivision Plan & Development Agreement for Prairie Lake Planned Unit Development Townhomes, Project No: LS-2020-002. (Advertised in the West Orange Times on Thursday, May 21, 2020). (Development Services Director Rumer) The Prairie Lake PUD is located on both sides of Clarke Road between Hackney Prairie Road and A.D. Mims Road. However,this particular request will only affect Tract"C" of the Prairie Lake PUD. Specifically, Tract "C" is permitted for up to 125,000 S.F. of Commercial uses and 80 Townhome units and is located on the northeast corner Clarke Road and A.D.Mims Road and is approximately 13.99 acres in size.The Prairie Lake 6IPage Regular City Commission Meeting June 2,2020 PUD Townhomes Preliminary/Final Subdivision proposes a total of 78 townhome residential lots. The townhomes will consist of a mix of six(6) unit buildings and four(4)unit buildings. The internal streets will be private. The development is proposed to be developed in one (1)phase. The subject subdivision will have one(1)access point on Ocoee Vista Parkway.This main entrance will be aligned with the existing Prairie Lake Reserve subdivision entrance across Ocoee Vista Parkway. An extension to Ocoee Vista Parkway along the rear of the property is provided.This extension will provide the undeveloped property to the east a future right- of-way connection point. f: a) Preliminary/Final Subdivision Plan b) Development Agreement (This is not a public hearing) Development Service Director Rumer presented an overview on the preliminary/final subdivision plan for the Prairie Lake PUD Townhomes for consideration. He addressed questions from the Commission with regard to sidewalks, entrance points, and the proposed road extension. The public hearing was opened. The following persons addressed the City Commission: - Bill Maki, Landscape Architect with Daly Design Group, 913 N. Pennsylvania Ave., Winter Park, stated they have worked closely with staff and agree with the staff report; and further, he is present for any questions that may arise. - Jeff Stalder,Meritage Homes, 5337 Millenia Lakes Blvd., Suite 235, Orlando, stated he is present to represent the developer and to address any questions. As no telephone calls or emails were received, the public hearing was closed. a) Preliminary/Final Subdivision Plan Motion: Move to approve the Preliminary/Final Subdivision Plan for Prairie Lake Planned Unit Development Townhomes, Project No: LS-2020-002; Moved by Commissioner Oliver, seconded by Commissioner Brinson; Motion carried unanimously. Commissioner Oliver inquired where the construction entrance will be located for the site work. Mr. Stalder explained the entrance will be off of Clarke Road onto Ocoee Vista Parkway. Discussion ensued surrounding development of the site. b) Development Agreement Motion: Move to approve the Development Agreement for Prairie Lake Planned Unit Development Townhomes, Proiect No: LS-2020-002; Moved by Commissioner Oliver, seconded by Commissioner Brinson; Motion carried unanimously. FIRST READING OF ORDINANCES—None 7IPage 1 1 Regular City Commission Meeting June 2, 2020 SECOND READING OF ORDINANCE—PUBLIC HEARING - 7:25 PM 16. Second Reading of Ordinance to Amend Chapter 51 of the City Code of Ordinances to Enact Fees Pertaining to Private Providers for Building Plan Reviews and Inspections. (Advertised in the West Orange Times on Thursday, May 21, 2020.) (Development Services Director Rumer) House Bill 7103,effective July 1,2019, includes changes to Florida Statute 553.791 regarding the outsourcing of inspections and plan examination to private providers. In response,the Ocoee Building Division is seeking to implement changes to fees and business processes in order to facilitate and comply with the new law. Development Services Director Rumer presented an overview of the proposed ordinance amending Chapter 51 of the City Code of Ordinances to enact fees pertaining to private providers for building plan reviews and inspections. Recent changes to Florida Statute 553.791, as passed in response to House Bill 7103, requires fees for Plan Review and Inspections to be reduced if a Private Provider is being used. The fees for Plan Review have to be reduced based on a calculated cost savings to the local government. The new law stipulates that a local government may not charge fees for building inspections if a Private Provider is used, and may only charge an Administration Fee. The law also provides that the Private Provider may be audited by the Building Official up to four times per year in accordance with the statute, and provides that Building Permits can have placed on them an acknowledgment for using a private provider. City Attorney Cookson read the title of the ordinance. The public hearing was opened. As no telephone calls or emails were received, the public hearing was closed. Motion: Move to adopt Ordinance No. 2020-015 Amending Chapter 51 of the City Code of Ordinances to Enact Fees Pertaining to Private Providers for Building Plan Reviews and Inspections; Moved by Commissioner Firstner, seconded by Commissioner Wilsen; Motion carried unanimously. REGULAR AGENDA - 7:31 Pi\1 17. Appointment of Two Members and an Alternate Member to the Planning and Zoning Commission in Accordance with Ordinance No. 2019-037. (City Clerk Sibbitt) Ordinance No. 2019-037 states: The Planning and Zoning Commission shall consist of five (5)members and one (1) alternate appointed by the City Commission, and one (1) additional member appointed by the School Board of Orange County as a non-voting member. In the event of a resignation or removal of a board member, subsequent vacancies on the Planning and Zoning Commission shall be filled by a majority vote of the City Commission from the candidates nominated by the Mayor and City Commissioners.The City Commission was briefed by the Mayor to provide nominations for the vacant alternate member seat to the Office of the City Clerk for consideration to be appointed no later than March 27th. To date, residents Gregory Keethler, Jerry Lowe and Gary Stewart have been nominated. In addition, the terms of Member Jason Mellen and Member Brad Lomneck expire in June of 2020. Members Mellen and Lomneck have attended all regularly scheduled meetings in 2019/2020. Both members have indicated an interest in being reappointed for a three-year term. Wage Regular City Commission Meeting June 2,2020 City Attorney Cookson explained the selection process for the two (2) regular member seats and one (1) alternate member seat will be by majority vote. He announced that to date, residents Gregory Keethler, Jerry Lowe, and Gary Stewart have been nominated. In addition, the terms of Member Jason Mellen and Member Brad Lomneck expire in June of 2020. Members Mellen and Lomneck have attended all regularly scheduled meetings in 2019/2020. Both members have indicated an interest in being reappointed. The following person addressed the City Commission by telephone: - Greg Keethler,District 1 Nominee Mayor Johnson handed the gavel over to Mayor Pro Tern Brinson. Motion: Move to appoint Jason Mellen and Brad Lomneck to the two (2) Regular Member Seats on the Planning and Zoning Commission; Moved by Mayor Johnson, seconded by Commissioner Wilsen; Motion carried unanimously. Nominations for Alternate Member were received for both Jerry Lowe and Gregory Keethler. Below are the results of the motion. Motion: Move to appoint Jerry Lowe to the Alternate Member Seat on the Planning and Zoning Commission; Moved by Mayor Johnson, seconded by Commissioner Firstner; Commissioner Wilsen commented that she supports an applicant from District 3, as she noticed there was no representation from that district. Motion carried 3-2 with Commissioner Brinson and Commissioner Oliver opposing. Mayor Pro Tern Brinson handed the gavel back to Mayor Johnson. Motion: Move to appoint Gregory Keethler to the Alternate Member Seat on the Planning and Zoning Commission; Moved by Commissioner Brinson, seconded by Commissioner Oliver; Motion failed 2-3 with Mayor Johnson, Commissioner Firstner, and Commissioner Wilsen opposing. 18. Discussion of Re-Opening Practices for Advisory Boards and City Commission Meetings. (Assistant City Manager Shadrix) The Governor's Executive Order 20-52 declaring a state of emergency was initially declared on March 9, and extended on May 8 for an additional 60 days. During this same time frame, the Governor issued Executive Order 20-69 which relaxed in-person quorum requirements and allowed for teleconferencing for local government meetings. The recent efforts by the State to allow business re-openings raise the question of how the City may continue with advisory boards and City Commission meetings and whether to continue the public call-in protocol. Some area local governments are continuing use of web-based meeting protocols until the Governor's Executive Order 20-69 expires on July 7, while others have opened their meetings to the public with social distancing and facial coverings. The City Commission may 1) continue the meeting protocol identified by the City Attorney until the Governor's Executive Order expires on July 7, or 2)Reopen advisory boards and the City Commission meetings to the public provided that CDC guidelines are followed. 9JPage Regular City Commission Meeting June 2, 2020 Assistant City Manager Shadrix explained City staff is looking for direction on the reopening practices for advisory boards and City Commission meetings. Some area local governments are continuing use of web-based meeting protocols until the Governor's Executive Order 20-69 expires on July 7,while others have opened their meetings to the public with social distancing and facial coverings. He shared that if the Commission chooses to open the meetings up to the public with CDC guidelines, based on the Fire Marshall's recommendation, the chambers would only be able to contain about 20 members of the public. Commissioner Wilsen shared she is aware of a few residents who attend Commission Meetings from her district, but they are okay with waiting until the Governor's Executive Order expires. Assistant City Manager Shadrix provided clarification that only the City's quasi and decision- making boards are meeting during this time; advisory boards are not meeting. Commissioner Wilsen opined that she agrees with waiting until the order expires. Mayor Johnson shared he agreed with waiting until the Governor's Executive Order expires, and also recommended to cancel the July 7th meeting due to the holiday. Discussion ensued with regard to the reopening date. Mayor Johnson commented that July 21st was the date they could consider to reopen. Motion: Move to continue the current practice for Advisory Boards and City Commission Meetings through June, and reopen Advisory Boards and the City Commission Meetings on July 21st following CDC guidelines; and further cancel the July 7t" City Commission Meeting; Moved by Commissioner Firstner, seconded by Commissioner Wilsen; Motion carried 3-2 with Commissioner Brinson and Commissioner Oliver opposing. Commissioner Oliver voiced his discontent with regard to comingling motions as he felt they were two separate items, and the votes should have been separate. Discussion ensued with regard to the cancellation of the meeting. It was shared that if an emergency issue did occur, a special meeting could be called. STAFF ACTION ITEMS -None COMMENTS FROM CITIZENS/PUBLIC - 8:01 PM The following person(s) addressed the City Commission by telephone or email: - Rev. Rasberry, addressed the City Commission by telephone regarding prayers for the City during this time of despair, specifically with COVID-19 and the George Floyd tragedy. 10JPage Regular City Commission Meeting June 2,2020 COMMENTS FROM COMMISSIONERS - 8:06 PM Commissioner Oliver— Commented on the following: 1) Arden Park North traffic concerns regarding construction workers utilizing the main entrance instead of their construction entrance and speeding throughout the neighborhood. He requested that staff continue to put pressure on Lennar Homes to communicate with the construction workers with regard to resident complaints. Commissioner Brinson—Commented on the following: 1) Gave kudos to OCPS, specifically to the administration and teachers at Ocoee High School for their drive-thru graduation. 2) Gave kudos to Publix on Silver Star Road for hosting a graduation celebration for their graduates. 3) Encouraged residents to contact the City if they are having trash collection questions or issues. 4) Reminded residents that COVID-19 is still present, and to stay vigilant on safety measures so we do not have a spike of cases in our community. 5) Encouraged protesting, but not unlawful vandalism. 6) Advised residents that we may have a very active Hurricane Season. 7) Gave kudos to the City of Ocoee staff for doing a fantastic job, and always being available to address his questions. Commissioner Wilsen—Commented on the following: 1) Shared that she received a text during the meeting questioning why outside people were present to speak at the public hearings tonight, but the general public is not allowed to be present. Mayor Johnson explained they are the applicants who are allowed to be present to represent and explain their item. She further asked residents to not text her during a meeting,but to call or email the City on the Citizens Line for public comment. 2) Gave kudos and thanked Community Relations Manager Joy Wright for putting together the Memorial Day 2020 video tribute, as this is the first year the City was unable to hold their Memorial Day Ceremony. She encouraged everyone to view it on YouTube, "Memorial Day 2020." Commissioner Firstner—Commented on the following: 1) Reminded residents that Hurricane Season is among us, and encouraged residents to start preparing now. Mayor Johnson—Commented on the following: 1) Announced City Hall is now open to the public on a limited basis. The public is encouraged to make appointments with City staff for specific needs. Anyone entering City Hall must wear a protective face covering. City Boat Ramps, Parks, and Tennis Courts are now open to the public as well. View the City's website for more information. 2) Shared the Ocoee High School drive-thru graduation was very enjoyable even in the rain, and said the school did a fantastic job. 3) Announced a flyer was drafted by City staff and is available at City Hall that explains the garbage pick-up rules especially with regard to overweight and oversized yard waste and debris. 111Page Regular City Commission Meeting June 2,2020 Residents need to abide by the rules, and they will be notified if their waste is oversized (over 4 cubic yards/3'L x 6'W x 6'H) and/or over the weight limit (50 lbs.). 4) Addressed the recent tragic deaths of George Floyd, Breonna Taylor, and Ahmaud Arbery. He reminds Ocoee that now is the time for kindness, love, empathy, and tolerance. He stressed we are all people in God's eyes, and it is time we all started acting like it; and further, it is vital to everything we hope to accomplish here that we move forward and be an example to the rest of the world as a community that lives by the Golden Rule by treating others the way you want to be treated. He concluded with saying there are some terrible things that happen in this country, but we all need to work to make sure it does not happen and move forward. ADJOURNMENT—8:28 Pn1 APPROVED: st: City of Ocoee Melanie Sibbitt, City Clerk Rusty Jo son, Mayor ii 121Page FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST ��N�E--1F/IR��ST NAME—MIDDLE pNAME NAME BOARD �FJ/�/1/� COM�N,AU�RI��COMMITTEE MAILING ADDR SS ��` THE BOARD COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 156 N. �(��I ( p.o y r ICH I SERVE ISA UNIT OF: CITY e(/ i[/ COUNTY ITY ❑COUNTY ❑OTHER LOCALAGENCY Oaoee /'yUo` „e NAMalTlutv F POLITICA SUB VISION DATE ON WHICH VOT O C RED (� /�/J MY 4. IS: L/ �� � ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: -4 PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, /ria v "te)// 7) , hereby disclose that on Q_72//2' CY ,20X : (a)A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, ; inured to the special gain or loss of my relative, ; inured to the special gain or loss of , by / whom I am retained; or V inured to the special gain or loss of ( i! or aid ,which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follr:etaPe Ofi Glie°_3/ eria, weaFei-pthd -ows: l0 /7)VD//,5 6-Age Weadate a .Di the,. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Fi ed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. { CE FORM 8B-EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.