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HomeMy WebLinkAbout07-20-2021 Minutes MINUTES REGULAR CITY COMMISSION MEETING JULY 20, 2021 CALL TO ORDER- 6:1 7 PM Mayor Johnson called the regular session to order at 6:17 PM in the Commission Chambers of City Hall.A moment of silence was led by Mayor Johnson,followed by the Pledge of Allegiance to the Flag led by Commissioner Wilsen. 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 - 6:19 PM Landra Wormack, Representative from the Tax Collectors Office, introduced herself and provided an update on the tax collectors process. She provided her contact information and offered her assistance if needed. Economic Consultant Angel De La Portilla provided an update on the approved ordinance enacted by the Orange County Board of Commissioners banning the retail sale of dogs, cats, and rabbits. He explained this is a Home Rule matter that needs to be reviewed by the Commission and provided four(4)possible options for consideration. Motion: Move to have City staff draft a new city ordinance banning new retail pet stores with a grandfather clause to allow the existing store to operate: Moved by Commissioner Firstner, seconded by Commissioner Oliver. Commissioner Brinson asked for confirmation if this option grandfathers the current business and excludes the option for any new businesses. Commissioner Oliver inquired if this motion would exclude current business owners from expanding or relocating to a new location within the City. City Attorney Cookson confirmed that stipulation would need to be addressed in the motion. Amendment to the Motion: Move to amend the motion to allow the grandfather provision to also allow the existing store to expand or relocate their business within the City: Moved by Commissioner Oliver, seconded by Commissioner Wilsen. Motion carried unanimously. Commissioner Brinson inquired if the existing business owner sold to a new owner would the grandfather clause allow the new owner the ability to operate the business. City Attorney Cookson shared that the language to cover this scenario could be included in the ordinance. Commissioner Wilsen requested to hear from the owners to fully understand their position. Regular City Commission Meeting July 20, 2021 Nicholas and Crystal Grastara, Owner of Chews a Puppy, gave a brief background on the newly approved Orange County Ordinance, and explained their day-to-day operations and the current laws that their business follows. Mayor Johnson and Commissioner Oliver both shared they have visited the location on West Colonial Drive and believed it to be a well-run and reputable business. Main Motion as Amended: Move to have City staff draft a new city ordinance banning new retail pet stores with a grandfather clause to allow the existing store to operate, and to expand or relocate their business within the City: Moved by Commissioner Firstner, seconded by Commissioner Oliver. Motion carried unanimously. Economic Consultant Angel De La Portilla clarified the new City Ordinance would be brought before the Commission for both a first and second reading during September. (Heard out of Agenda order.) 6:3 7 PM Cory Garone, CACOPD Chair, provided a PowerPoint requesting complimentary use of Bill Breeze Park and funding of up to $1000 for the CACOPD Board to host a 9/11 Memorial Event at Bill Breeze Park. Commissioner Wilsen questioned the cost of Police coverage, port-o-potties, and trash collection. Mayor Johnson suggested increasing the funds to cover the necessary expenses. Motion: Move to donate $2000 from Contingency Funds to cover the 9/11 Memorial Event hosted by the CACOPD; and further, waive the fees for use of Bill Breeze Park: Moved by Commissioner Wilsen, seconded by Commissioner Brinson. Motion carried unanimously. STAFF REPORTS AND AGENDA REVIEW -None COMMENTS FROM CITIZENS/PUBLIC - 6:41 PM The following persons addressed the City Commission: Andria Ray, Citrus Elementary Teacher and Executive Director at Future Generation STEM Academy, shared a PowerPoint of events from the program, and explained she is searching for a location to hold club meetings and store materials. She expressed the difficulties she has faced, and requested assistance from the Commission. After a brief discussion, staff was directed to provide contact information for the building previously used by Kids Community College on East Silver Star Road. 2IPage Regular City Commission Meeting July 20, 2021 CONSENT AGENDA- (i:49 Commissioner Wilsen asked the City Attorney if she would have to abstain from voting on Item #4 as she is Trustee of the West Orange Healthcare District. City Attorney Cookson agreed she should abstain. Commissioner Oliver inquired about the selection dates for the Budget Workshops and Hearings for Item#7. City Manager Frank addressed his question. Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 - #17 with Item #4 and #11 being pulled for discussion and separate consideration. Moved by Commissioner Firstner, seconded by Commissioner Oliver; Motion carried 5-0. 1. Approval of the Minutes for the Regular City Commission Meeting held June 15,2021. (City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 2. Approval of New Appointment 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 is to have seven (7)regular members and two (2) alternate members with a three-year term. Currently, the Board has seven(7)regular members and zero (0) alternate members. An application has been received by David Brennan who has shown an interest in being appointed to the Code Enforcement Board as an alternate member for a term ending June 2024. At this time there are no other applications on file for this Board. Approved on Consent. Motion carried 5-0. 3. Approval for Appointment of a Districting Commission, in Accordance with the City of Ocoee Charter,Article XI, Section C-66. (City Clerk Sibbitt) On May 18,2021,the City Commission voted unanimously to allow residents to apply by June 11,2021,for consideration to be appointed to the Districting Commission. Only one application was submitted for the Districting Commission by the June l lth deadline:therefore,at the June 15,2021,City Commission Meeting the City Clerk requested consensus from the City Commission to have them each provide her with a name and contact information for any resident who may be interested to serve on the board so that at the July 20th meeting the City Commission may vote to appoint those interested residents to the board. Staff recommends the Honorable Mayor and Commissioners appoint a Districting Commission consisting of the five (5) nominations received; and further consider the appointment of Mr. Mellen and Mr. Lomneck as first and second alternate members, all for a term of one year, in accordance with Section C-66 of the City Charter. Approved on Consent. Motion carried 5-0. 3IPage Regular City Commission Meeting July 20, 2021 4. Approval of a Grant Agreement with the West Orange Healthcare District (WOHD). (Deputy Development Services Director/CRA Administrator Corless) The City/CRA staff applied for a WOHD grant in the amount of$3,000,000 to construct Wellness Park ($2,250,074.16 in grant funds)and support the overall construction of the Bluford Trail($749,925.84 in grant funds). On June 22, 2021, the WOHD Board agreed to grant the City of Ocoee/Community Redevelopment Agency$3,000,000,which will allow the CRA to reallocate the$2,224,852.86 that is currently identified for the construction of Wellness Park to the S. Bluford Avenue Complete Street Project and Trail. Motion: Move to approve Item #4 - Grant Agreement with the West Orange Healthcare District (WOHD). 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.) 5. Approval of the Re-Plat for Fountains West Commons. (Development Engineer Keaton) Fountains West Commons (Fountains West, Lot 8) property is located on the north side of Fountains West Blvd adjacent to the Arbours at Crown Point Subdivision.The total area of the Plat amounts to approximately 11.73 acres. This Re-Plat is proposed in order to create four lots and also includes easements/tracts for ingress/egress access, utilities, drainage, stormwater retention pond, and other public utility easements. Fountains West Commons(Fountains West,Lot 8)property is replating post-development of the Summit Self Storage (on proposed lot #1) which has received Certificate of Completion; therefore, the developer is not required to provide a Surety covering any outstanding proposed improvements as approved in the Preliminary /Final Subdivision Plans. Approved on Consent. Motion carried 5-0. 6. Approval to Set the Proposed Tentative Millage Rate for Fiscal Year 2021/2022 Budget. (City Manager Frank) The TRIM act requires local governing bodies to set a proposed tentative millage rate annually during the month of July. The property appraiser is then notified of the rate and uses it to advise taxpayers of their proposed tax levies for the next year. The rate can be lowered during the budget hearings in September and has historically been done so by the City. Approved on Consent. Motion carried 5-0. 7. Approval to Set the Workshop and Hearing Dates for FY 2021/2022 Budget Process. (Finance Director Roberts) Workshops are held during August for staff and the commission to discuss the proposed budget for the upcoming fiscal year. Public hearings are required by the TRIM Act in September serving as a mechanism to notify the citizens of the proposed budget and allow the opportunity for their comments. Potential dates for the budget workshops and hearings are restrictive due to the timing of the holiday and vacation schedules. Staff recommends the City Commission approve the following dates for the August budget workshops: August 12th and 18th. Staff recommends the City Commission approve the following dates for the September budget hearings: September 15th and 22nd. Workshops and hearings will begin at 6:00 p.m. Approved on Consent. Motion carried 5-0. 4IPage Regular City Commission Meeting July 20, 2021 8. Approval to Award RFQ #21-005 Continuing Contracts for Geotechnical Testing Services. (Procurement Manager Tolbert) In compliance with the Consultants' Competitive Negotiations Act(CCNA), §287.055,Florida Statutes,and Chapter 21 of the City's Code of Ordinances, the City solicited statements of qualifications from firms interested in providing geotechnical testing services for City projects as the City's continuing contracts for these services expired last month. The firms selected by the City will provide geotechnical testing services to the City on an as needed basis,based upon task orders to be issued by the City under the continuing contract. The RFQ advertised on April 4,2021,and was publicly opened on May 4,2021.A total of nine(9)responses were received. The Evaluation Committee short-listed the following firms in ranked order, and recommends contracting with the following top four(4)ranked firms: 1)Geotechnical&Environmental Consultants, Inc., 2)Professional Service Industries, Inc.,3)Tierra,Inc.,4)NADIC Engineering. Approved on Consent. Motion carried 5-0. 9. Approval to Award RFQ #21-006 Continuing Planning & Landscape Architectural Services. (Procurement Manager Tolbert) In compliance with the Consultants' Competitive Negotiations Act(CCNA), §287.055,Florida Statutes,and Chapter 21 of the City's Code of Ordinances, the City solicited statements of qualifications from firms interested in providing planning and landscape architectural services for City projects as the City's continuing contracts for these services expired last month. The firms selected by the City will provide planning and landscape architectural services to the City on an as needed basis,based upon task orders to be issued by the City under the continuing contract. A minimum of three (3) firms will be shortlisted to serve as Continuing Service Providers.The RFQ advertised on April 18,2021,and was publicly opened on May 11,2021.A total of five(5)responses were received.The evaluation committee short-listed the following firms in ranked order, and recommends contracting with the following top three(3)ranked firms: 1)GAI Consultants,Inc.,2)CPH, Inc.,3)Kimley-Horn&Associates. Approved on Consent. Motion carried 5-0. 10. Approval to Award ITB #21-008 Downtown Master Stormwater Pond & Park. (Procurement Manager Tolbert) The Downtown Master Stormwater Pond and Park Project primarily consists of the installation of a master stormwater management system south of W. Franklin Street between N. Kissimmee Ave and Bluford Ave. The stormwater system consists of two cascading interconnected urban ponds—a filtering Marsh Treatment System and a larger Wet Detention Stormwater Pond. The urban pond system will be walled on all sides and will include the installation of a boardwalk over the pond walls. The stormwater system will be surrounded by enhanced hardscape and landscape park features. An existing ditch system that traverses the site will be rerouted and controlled with weirs for drainage improvements. The bid was publicly advertised on May 9, 2021,and opened on June 22,2021.A total of five(5)bids were received.All bids are available in the Finance Department for review. The Public Works and Finance Departments reviewed the bids received,and all were considered responsive. Staff recommends awarding to the most responsive and responsible bidder Prime Construction Group for the low bid of$7,445,818.50. Approved on Consent. Motion carried 5-0. 11. Approval of Capital Budget Reallocation. (Fire Chief Miller) Throughout the fiscal year, Fire Department staff have reviewed their Capital budget to evaluate needs and identify potential savings. During this analysis, five(5)various items are needed to cover operations, safety, and visibility/professional imaging were determined.To cover these costs,the Fire Department has identified available funds achieved by savings,making repairs,or redistributing other resources by reallocating specified capital funds. 5IPage Regular City Commission Meeting July 20, 2021 Commissioner Oliver commented that the consent agenda indicates they have identified available funds achieved by savings, but it does not share how much is being reallocated unless the staff report is referred to. Deputy Fire Chief Smothers provided the savings. Motion: Move to approve Item #11 — Capital Budget Reallocation. Moved by Commissioner Oliver, seconded by Commissioner Brinson. Motion carried 5-0. 12. Approval to Purchase a Livescan Fingerprint System for the Police Department. (Police Chief Plasencia) The Police Department provides fingerprinting services to our citizens as well as conducting pre-employment background checks for Police Department employees. The Police Department's current fingerprinting system, which includes a computer, printer, and fingerprint scanner, is no longer supported by the manufacturer due to its age and cannot be updated to the latest software to remain compliant with FDLE Information Systems standards. The Police Department wishes to purchase a new system to not only maintain our current level of service to the public, but to expand services to include the electronic submission of fingerprints to FDLE which the current system cannot do for our citizens. The cost of new Livescan fingerprinting system is $11,060.92 and the Police Department wishes to purchase the system using existing Police Impact Fees. Approved on Consent. Motion carried 5-0. 13. Approval to Award Grant Funding for Police Department Demountable Wall Project. (Police Chief Plasencia) On June 2, 2020, this Commission approved accepting the 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. The amount awarded to the City was $142,727.00. A component of the grant award consisted of creating a more separate workspace between individual police employees by installing demountable walls within the Police Depaitnient's building. This project will be contracted to,and permitted by,approved vendor DBK Construction for$28,253. The materials will be purchased under an existing GSA contract from NXTWall for$50,779. FDLE Grants Management has confirmed all costs contained within the proposals are acceptable expenditures. Approved on Consent. Motion carried 5-0. 14. Approval of Change Order No. 3 for Fullers Cross Road and Ocoee Apopka Intersection Improvements (RFQ #19-008). (Public Works Director Krug) The City Commission awarded the Construction Manager At Risk contract for the Fullers Cross Road and Ocoee Apopka Road Intersection Improvements at the September 17,2019,meeting to Oelrich Construction, Inc.During construction,Oelrich Construction discovered a conflict between the City's existing 12-inch water main on the east side of Ocoee Apopka Road and the proposed box culvert extension. The Public Works and Utilities Departments worked together to determine the most expedient solution to the conflict. Various options were considered and, ultimately, the relocation of the 12-inch water main was determined to be the best way forward. Due to the conflict between the existing 12-inch water main and a new box culvert extension,additional time is required for the construction of the Fullers Cross and Ocoee Apopka Intersection Improvements. An additional 52 calendar days are required due to the delay caused by the conflict. The cost of the change order is $114,308.70, which will bring the total cost of the contract to $2,248,130.36, with the change order to be funded from City Road Impact Fees. pV Approved on Consent. Motion carried 5-0. 6IPage E; Regular City Commission Meeting July 20, 2021 15. Approval to Hire Code Enforcement Board Attorney. (Support Services Director Butler) Under Section 7-5 of the City Code, the City Commission appoints a Board Attorney to act as legal counsel for the Code Enforcement Board ("CEB Attorney"). The previously appointed CEB Attorney is no longer available to serve the Code Enforcement Board and suggests the use of another Attorney within the same firm to continue serving the Board. As attorneys from the previous CEB Attorney's law firm have served as the Code Enforcement Board Attorney for the City for several years, the City Attorney recommends that James "Skip" Fowler, Esq., serve as CEB Attorney to allow for an efficient transition of those duties. The City Attorney has determined that Mr. Fowler has the requisite experience, availability and desire to perform such services. He has previously performed this service. Approved on Consent. Motion carried 5-0. 16. Approval for the Granting of a 25-Foot Wide Easement for 512 3rd Street. (Utilities Director Croteau) On May 18, 2021, City Commission approved the granting of a 25-foot easement along 3rd Street covering five properties to construct a 4-inch water main due to multiple properties inquiring about water service and the willingness to annex into the City. The Utilities Department is preparing for construction of the 4-inch water main along 3rd Street and one more property has inquired about water service and is willing to annex into the City. To provide water service to 512 3rd Street, an easement from the property will have to be acquired.This property has agreed to grant an easement to the City to build and maintain City facilities within the easement area. The work to provide water service will begin once all required documents have been collected and the easement has been approved and recorded with Orange County. Approved on Consent. Motion carried 5-0. i 17. Approval to Piggyback on the City of Tarpon Springs Contract with Odyssey Manufacturing for the City Sodium Hypochlorite Supply. (Utilities Director Croteau) The City of Ocoee budgets funds annually for the delivery and supply of its disinfectant for water and wastewater treatment.Odyssey Manufacturing has been the City's main supplier of their Sodium Hypochlorite using a"piggyback"contract with the City of Leesburg which expires on September 30th of this year.Odyssey Manufacturing has secured a new contract with the City of Tarpon Springs which runs through May 26,2025. The new contract would raise our rate from$0.56/gallon to$0.60 but allows us to keep the same supplier that the City has used for more than 10 years. Odyssey has proved to be a reliable vendor and has served the City well in regular and emergency circumstances. The increase in price is a combination of fuel charges, labor shortages, and supply constraints. Approved on Consent. Motion carried 5-0. PUBLIC HEARING - 6:55 P\l 18. Public Hearing to Award RFQ #21-007 Exclusive Franchise for Residential Construction and Demolition Debris Removal. (Advertised in the West Orange Times on Thursday, June 17, 2021, June 24, 2021, July 1, 2021 and July 8, 2021) (Procurement Manager Tolbert) The City's current Residential Construction and Demolition Debris Removal Franchise has expired.Pursuant to Section 143-12 of Chapter 143 of the Code of Ordinances of the City of Ocoee,the City seeks to enter into a franchise agreement to provide the aforementioned services within the City; note this Franchise does not include commercial construction and demolition debris removal. The Franchisee shall pay to the City a franchise fee equal to twenty percent(20%)of the fees and charges actually collected by the Franchisee from 7IPage Regular City Commission Meeting July 20, 2021 customers for services rendered pursuant to the franchise granted by the City. Franchise fees will begin after the first full month's billings. The rates to be charged for the residential construction and demolition debris removal services will be as reasonably determined by the franchisee(s). The term of the Franchise is to commence on August 1, 2021. The initial term of the Franchise is for five(5)years and may be extended by mutual agreement for an additional two (2) year term. The estimated total revenue to the City from this franchise is approximately $20,000 annually. There were two (2) responses submitted. The evaluation committee short-listed the following firms in ranked order, and recommends contracting with Waste Pro of Florida, Inc.,and Hubbard Construction Company DBA Mid-Florida Materials. Procurement Manager Tolbert presented a brief overview of RFQ#21-007.There were two(2) responses submitted. The evaluation committee short-listed the following firms in ranked order, and recommended contracting with both firms: Waste Pro of Florida, Inc., and Hubbard Construction Company DBA Mid-Florida Materials. The public hearing was opened. As no speaker forms were received, the public hearing was closed. Motion: Move to Award RFQ #21-007 Exclusive Franchise for Residential Construction and Demolition Debris Removal to Waste Pro of Florida, Inc., and Hubbard Construction Company (dba Mid-Florida Materials); Moved by Commissioner Wilsen, seconded by Commissioner Oliver; Motion carried unanimously. 19. Variance Request for Christian Brothers Automotive, Maguire Road North of West Colonial Drive; Project No.: VR-21-01. (Advertised in the West Orange Times on Thursday, July 8, 2021.) (Development Services Director Rumer) The applicant, Christian Brothers Automotive, is requesting approval of three (3) variances for a proposed 5,000 s.f. automotive repair facility with eight(8)bays. The proposed Christian Brothers Automotive Center is proposed on Lot 3 of the West Colonial Ocoee Commercial Subdivision. The request for variances is to provide relief to building setbacks and buffer standards explicitly created for Lot 3 during the subdivision process and are not necessarily only Land Development Code driven.The variances being requested are: 1)A variance request to reduce the east 10-foot landscape buffer down to one (1) foot for the location of a Compressor Room and driveway adjacent to Tract A(stormwater pond.)2)A variance request to reduce the building setback from the east property line adjacent to Tract A(stormwater)from 20 feet to one(1)foot for the Compressor Room and 15 feet for the main building.3)A variance request to reduce the northern building setback as shown on the Preliminary Final Commercial Subdivision plan from 35 feet to 20 feet. Development Services Director Rumer presented a brief overview of the proposed variances request to this small-scale site plan, which is located on the north side of State Road 50 and the east side of Maguire Road. Christian Brothers Automotive Center is proposed to be on Lot 3 of the West Colonial Ocoee Commercial Subdivision, which contains three (3) separate lots and a tract for drainage. This request for variances is to provide relief to building setbacks and buffer to standards created for Lot 3. The variances being requested are: • Reduce the east 10-foot landscape buffer down to one (1) foot for the location of a Compressor Room and driveway. • Reduce the building setback from the east property line adjacent to Tract A (stormwater) from 20 feet to one (1) foot for the Compressor Room and 15 feet for the main building. • Reduce the northern building setback as shown on the Preliminary Final Commercial Subdivision plan from 35 feet to 20 feet. Wage Regular City Commission Meeting July 20, 2021 The public hearing was opened. Benjamin Ellis, P.E., Engineer/Applicant, S&ME, 1615 Edgewater Drive, Orlando, thanked staff for their time, and asked if they had any questions. Mayor Johnson inquired if staff received any comments from the hotel. Development Services Director Rumer shared they have not received any comments from the hotel. Commissioner Brinson inquired about the 20-foot buffer. Development Services Director Rumer addressed his question. The public hearing was closed. Motion: Move to approve the three (3) Variances for Christian Brothers Automotive, Maguire Road North of West Colonial Drive; Project No.: VR-21-01 per staff's recommendation; Moved by Commissioner Firstner, seconded by Commissioner Wilsen; Motion carried unanimously. 20. Variance Request for Hassan Property, 613 Lyman Street; Project No.: VR-21-02. (Advertised in the West Orange Times on Thursday, July 8, 2021) (Planner Hines) The subject property is located at 613 Lyman Street and is within the R-1 Single-Family Dwelling zoning district.The applicant is requesting approval of three(3)variances as follows: 1)Minimum lot width reduction from 70 feet to 50 feet to create three (3) 50-foot wide lots, 2)Minimum lot size reduction from 7,000 SF to 5,000 SF lot sizes, and 3) Minimum front (south) building setback reduction for proposed lot three (3) only from 25 feet to 9.3 feet along Lee Street, which is currently unimproved right-of-way(ROW). The applicant is proposing to construct three (3) two-story homes with approximately 2,096 SF of living area, and the minimum living area is 1,000 SF. Planner Hines presented a brief overview of the proposed variance, which is located at 613 Lyman Street and is within the R-1 Single-Family Dwelling zoning district. The applicant is proposing to construct three (3)two-story homes with approximately 2,096 SF of living area with a minimum living area of 1,000 SF. The variances being requested are: • Minimum lot width reduction from 70 feet to 50 feet to create three (3) 50-foot wide lots. • Minimum lot size reduction from 7,000 SF to 5,000 SF. • Minimum front (south)building setback reduction for proposed Lot 3 from 25 feet to 9.3 feet along Lee Street, which is currently unimproved right-of-way (ROW). Planner Hines explained staff recommends the following conditions of approval as recommended by the Planning & Zoning Commission, should the City Commission consider utilization of the unimproved Lee Street ROW as public open space, or as a linear park in lieu of a roadway: 1. Architectural façade of the southern elevation for the home on proposed Lot 3 be similar in treatment and material as the primary façade elevation along Lyman Street. 2. Any fencing along the south property boundary of proposed Lot 3 shall be limited to a minimum 50 percent(50%) transparency and shall be of a decorative material. The public hearing was opened. 9IPage Regular City Commission Meeting July 20, 2021 Mayor Johnson inquired about the width of the homes. Mahammad Hassan, Property Owner/Applicant, addressed his question. Commissioner Brinson inquired what would be supported by the City under the zoning allowed. Planner Hines addressed his question. Development Services Director Rumer further provided research information on the surrounding older homes in the area that have lot sizes similar to the variance request. Commissioner Wilsen shared her concern with the stormwater run-off.Mayor Johnson inquired if the homes would be on septic or sewer. Mr. Hassan shared they would be on septic. Brief discussion ensued. The public hearing was closed. Motion: Move to approve the three (3) Variances for Hassan Property, 613 Lyman Street; Project No.: VR-21-02 per staffs recommendation and to include the conditions placed by the Planning & Zoning Commission; Moved by Commissioner Wilsen, seconded by Commissioner Oliver; Motion carried unanimously. Recess 7:24 PM- 7:30 PM 21. Large Scale Preliminary Site Plan for Cemex Concrete Batch Plant, 450 Ocoee Apopka Road; Project No.: LS-2021-003. (Advertised in the West Orange Times on Thursday, July 8, 2021.) (Development Services Director Rumer) The subject property is zoned I-1 (Light Industrial). It is located on the west side of Ocoee Apopka Road, approximately 1,275 feet north of the intersection of Palm Drive and Ocoee Apopka Road. The subject site consists of approximately 11.23 acres of undeveloped land. The proposed Cemex Concrete Batch Plant Preliminary Large Scale Site Plan consists of a 1,750-SF office building,7,320-SF shop building, Silo Mixers are proposed to be partially enclosed and reach a height of 65 feet, open storage of materials, and associated improvements to distribute cement,ready-mix concrete,and aggregates.All of the above will utilize the entire 11.23 acres. Development Services Director Rumer introduced Kurt Ardaman, Fishback Dominic Law Firm, who will be acting as legal counsel to the City, as City Attorney Cookson has a conflict. He further presented a brief overview of the proposed Large-Scale Preliminary Site Plan (PSP), which is approximately 11 acres of undeveloped land and located on the west side of Ocoee Apopka Road, north of the intersection of Palm Drive and Ocoee Apopka Road. The subject property has a current designation of Light Industrial with a zoning of I-1 (Restricted Manufacturing and Warehousing District) and is outlined in the Future Land Use designation. He further explained this parcel is located within the Ocoee Special Economic Enhancement District(S.E.E.D.),which is intended to foster higher intensity uses and redevelopment than what is proposed with this plant, and within the Business Character Area Overlay, which also has specific zoning requirements as adopted by the ordinance and heavy industrial is not permitted. The property is also on the Ocoee Apopka Road Corridor, which is envisioned to be a complete street segment consisting of two lanes, turn lanes, trails, and wide sidewalks. 10IPage Regular City Commission Meeting July 20, 2021 The proposed Cemex Concrete Batch Plant Preliminary Large-Scale Site Plan consists of a 1,750 SF office building, 7,320 SF shop building, two (2) 65 feet high silo mixers that are proposed to be enclosed, open storage of materials, and other associated improvements to distribute cement, ready-mix concrete, and aggregates. Three (3) site-specific waivers are being requested: height, storage, and use. The site-specific waivers are: • Height from 35 feet to 65 feet. This waiver is requested to locate the silos needed for manufacturing. The applicant is proposing to enclose the silos in a structure that will adhere to Florida Vernacular architecture. Staff cannot provide guidance on how sound will or will not be baffled as proposed. • Outdoor storage of materials. The site plan proposes eleven(11)large three-sided material bins, which will hold the material that is then taken to the silos. • Manufacturing outdoors. The process to manufacture the cement will utilize a majority of the 11 acres, which will have "materials" stored and moved around outdoor and then fed into a silo from the outside of the proposed enclosure. The site will run sprinklers to keep dust particles down. Development Services Director Rumer explained the City wanted to give Cemex a chance, because they are a great company; however, the outdoor storage and manufacturing of materials is an issue of concern for a Light Industrial I-1 Zoning. Therefore, staffs recommendation is to deny this project because it is inconsistent with the S.E.E.D., the Business Character Area Overlay,and incompatible with the current zoning regulations.Additional information was shared on the denial recommendation made by staff to include environmental regulations. Denial on this proposed project was also recommended by the Development Review Committee (DRC) and Planning and Zoning Commission. Mr. Ardaman shared he evaluated the application, the City code, and the various overlays that are in place to determine the obligation of the City Commission. He further read aloud the vision and goals within the ordinance related to the overlay, and explained the zoning designation of I-1, which is the current zoning designation. He reminded the City Commission of the notable points within the Business Center Design Plan,which identified the targeted industries,the development themes, and explained the limitations of the maximum height of industrial buildings and outdoor storage. Development Services Director Rumer briefly explained the development agreement associated with the project. The public hearing was opened. Julie Kendig-Schrader, Applicant, GreenbergTraurig, 450 S. Orange Avenue, Suite 650, Orlando, announced who were present with her from her team. She explained they have worked on numerous revisions to come up with a proposed project that they believe complies with the applicable criteria. She explained the ready-mix plant process that is being proposed for this site, and shared they are presenting a project that they feel complies with the current zoning and meets the intent of the overlay. She provided an overview of the site layout, and explained each waiver request. She said the environmental requirements with the Florida Department of Environmental 11IPage Regular City Commission Meeting July 20, 2021 Protection (DEP) are very stringent, and air contaminants will not be leaving the site as they will be fully enclosed. Further information was shared on the Cemex job opportunities, median average salary, and the estimated proposed real estate taxes. The public hearing was closed. Development Services Director Rumer clarified the comment made with regard to the I-1 Zoning, and advised there are uses allowed. He further explained staff's denial on the outdoor material storage and manufacturing which are waiver requests from the applicant. The public hearing was opened. Steve Blanton, Cemex, commented that their product at Cemex is not manufactured outdoors as it is manufactured when the product touches water, which he stated would be done in an enclosed facility. He reassured that their product is not a high pollutant. The public hearing was closed. yh Commissioner Brinson shared has concerns with the dust from the product as the run-off will go to Lake Apopka. Sig Bo, Cemex, addressed his question. Development Services Director Rumer explained the applicant is proposing to place sprinklers to assistant with the dust,but staff is still concerned with the movement of the materials going in and out of the facility. Commissioner Wilsen inquired about the Palm Drive Park pond, and if it was a water basin. Development Services Director Rumer addressed her question. Commissioner Wilsen further shared that when the City Commission initiated the overlay, heavy industrial was not part of the plan. Commissioner Firstner inquired about their package plan permit, and if it is more stringent than that of St.Johns Water Management. Mr. Bo addressed his question. Selby Weeks,Kilma Weeks Civil Engineering, added that St. Johns Water Management would not view a submittal on this type of project, and provided further explanation on their restrictions. Commissioner Firstner inquired how the water is contained on the site. Mr. Weeks shared it would be maintained in ponds and in sediment basins. Commissioner Firstner further inquired about the site employment. Mr. Blanton addressed his questions. David Schultz, Vice President, Cemex, briefly explained the dust suppression system they have on their sites. Commissioner Oliver inquired what the difference is between concrete and cement; and further, inquired about the hazardous components to cement. Mr. Bo and Mr. Blanton addressed his questions. Commissioner Oliver inquired about the surrounding properties and their envisioned development. Development Services Director Rumer addressed his question. Commissioner Oliver shared he has concerns with trucks on the road and inquired about the hours of operation. Mr. Blanton addressed his question. Commissioner Oliver inquired what is the benefit of the City to have Cemex in the City limits. Mr. Blanton explained the corporate culture of their fr company and their involvement with the community. Elliot Jamison, Jamison Commercial, 12IPage Regular City Commission Meeting July 20, 2021 briefly shared that Cemex was not required to install turn lanes but has chosen to because that is the type of partner they are to a community. Mayor Johnson commented on his observation of their St. Cloud site and the surrounding area. Recess 8:57 PM—9:04 PM Commissioner Wilsen inquired if Mr. Ardaman would like to make a final statement. Mr. Ardaman reminded the City Commission that their decision tonight should be based on the use, vision, and plan of that area, and if the project meets the criteria. If it does not meet those marks, then they have a basis to deny the project. Motion: Move to deny the Large-Scale Preliminary Site Plan for Cemex Concrete Batch Plant, 450 Ocoee Apopka Road; Project No.: LS-2021-003; Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 4-0 with Commissioner Brinson opposing. Mayor Johnson asked the City Attorney to please clarify the motion. The motion was restated and a new vote was taken. tk Motion: Move to deny the Large-Scale Preliminary Site Plan for Cemex Concrete Batch Plant, 450 Ocoee Apopka Road; Project No.: LS-2021-003; Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 3-2 with Commissioner Brinson and Commissioner Oliver opposing. FIRST READING OF ORDINANCE —9:08 PM 22. First Reading of Ordinance Increasing the Salary Portion of the Compensation of the Mayor and Commissioners. (Second Reading and Public Hearing scheduled for August 3,2021,Regular Commission Meeting at 6:15 pm or soon thereafter.) (City Attorney Cookson) The compensation for the Mayor and Commissioners consists of three (3) categories: salary, stipend and medical benefits. Section C-16 of the Ocoee City Charter provides that the City Commission may determine the annual salary of the Mayor and the Commissioners by ordinance. However,the Charter specifies that no ordinance increasing salaries will take effect until the date of commencement of the terms of members of the City Commission elected at the next regular city election. Furthermore, the Charter provides that any ordinance increasing salaries must be adopted at least six(6)months prior to the election after which the salary increases take effect. The next regular city election will be in March 2023. Thus, if an ordinance increasing salaries is adopted at any time prior to September 2022,the salary increases will not go into effect until after the March 2023 election. City Attorney Cookson read the title of the Ordinance. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on August 3, 2021, at 6:15 PM or soon thereafter. Commissioner Wilsen explained the proposed ordinance for increase in salary to those residents in attendance, and shared she is not in favor of this request as they have a compensation plan 13IPage 4 Regular City Commission Meeting July 20, 2021 which includes medical insurance and pension. She further shared she chose to run to be a public servant to the residents of the City. Mayor Johnson shared he agreed with her sentiments. 23. First Reading of Ordinance to Approve the Duke Energy Franchise Agreement. (Second Reading and Public Hearing scheduled for September 7,2021,Regular Commission Meeting at 6:15 pm or soon thereafter.) (City Attorney Cookson) The Proposed Ordinance is a renewal of the Franchise Agreement between the City and Duke Energy for a term of ten (10)years. Duke Energy originally wanted a thirty(30)year term, but they have agreed to a ten (10)year term. The franchise granted by this Proposed Ordinance may be renewed by the City for up to two (2)successive five(5)year periods.Each renewal requires that the City provides notice of an election to renew at least six(6)months prior to the end of the term. The City shall be entitled to receive from Duke Energy a monthly franchise fee in an amount that will equal six(6%)percent of Duke Energy's Base Revenues for the preceding month(the"Franchise Fee"). The Franchise Agreement contains a"Favored Nations" clause—in the event Duke Energy negotiates a franchise fee with another municipality that is greater than the Franchise Fee with the City,we have the right to increase the Franchise Fee to match the franchise fee applicable to the other municipality. City Attorney Cookson read the title of the Ordinance. Mayor Johnson shared his discontentment with Duke Energy, and the high electric bill he and others have received. This will be presented as a second reading and public hearing at the City Commission meeting on September 7, 2021,at 6:15 PM or soon thereafter. 24. First Reading of Ordinance for De La Torre Property at 277 13th Avenue — Annexation & Rezoning; Project No(s): AX-05-21-11 & RZ-21-05-15. (Second Reading and Public Hearing scheduled for August 3,2021,Regular Commission Meeting at 6:15 pm or soon thereafter.)(Planner Hines) The property is approximately 0.17 acres and located on the north side of 13th Street,about 1127 feet east of N. Lakewood Avenue and approximately 162 feet west of Peters Avenue.The parcel is currently vacant.The applicant is annexing into the City limits as a condition to receive City potable water connection.The subject property is considered contiguous to the City of Ocoee since it is bordered by property to the south.The parcel will receive an R-1 (Single-Family Dwelling)zoning classification upon annexation. a) First Reading of Annexation Ordinance b) First Reading of Rezoning Ordinance City Attorney Cookson read the titles of the Ordinances. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on August 3, 2021, at 6:15 PM or soon thereafter. 25. First Reading of Ordinance for Labban Property at 501 2nd Street — Annexation & Rezoning; Project No(s): AX-05-21-12 &RZ-21-05-16. (Second Reading and Public Hearing scheduled for August 3,2021,Regular Commission Meeting at 6:15 pm or soon thereafter.) (Planner Hines) The property is approximately+/-0.25 acres and located on the east side of 2nd Street, about 577 feet south of Center Street and at the intersection of Nay Avenue and 2nd Street.The subject parcel has one(1)existing Single-Family Residence.The applicant is annexing into the City limits as a condition to receive City potable water connection.The subject property is considered contiguous to the City of Ocoee since it will be bordered by property located within the City limits on the north and west.The parcel will receive an R-1 (Single-Family Dwelling)zoning classification upon annexation. a) First Reading of Annexation Ordinance 14IPage Regular City Commission Meeting July 20, 2021 b) First Reading of Rezoning Ordinance City Attorney Cookson read the titles of the Ordinances. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on August 3, 2021,at 6:15 PM or soon thereafter. 26. First Reading of Ordinance for Ocoee Rentals Trust Properties at 499 2nd Street — Annexation & Rezoning; Project No(s): AX-04-21-07 & RZ-21-04-10. (Second Reading and Public Hearing scheduled for August 3,2021,Regular Commission Meeting at 6:15 pm or soon thereafter.) (Planner Hines) The property is approximately 0.26 acres and located on the east side of 2nd Street, about 670 feet south of Center Street and southeast of the intersection of Nay Street and 2nd Street. The parcel is currently developed with a single-family house. The Applicant is annexing into the City limits as a condition to receive City potable water connection. The subject property is considered contiguous to the City of Ocoee since it is bordered by property to the north that is currently being annexed. The parcel will receive an R-1 (Single- Family Dwelling)zoning classification upon annexation. a) First Reading of Annexation Ordinance b) First Reading of Rezoning Ordinance City Attorney Cookson read the titles of the Ordinances. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on August 3, 2021,at 6:15 PM or soon thereafter. 27. First Reading of Ordinance for Ocoee Rentals Trust Properties at 437 2nd Street — Annexation & Rezoning; Project No(s): AX-04-21-08 & RZ-21-04-11. (Second Reading and Public Hearing scheduled for August 3,2021,Regular Commission Meeting at 6:15 pm or soon thereafter.) (Planner Hines) The property is approximately 0.25 acres and located on the east side of 2nd Street, about 745 feet south of Center Street and about 87 feet southeast from the intersection of Nay Street and 2nd Street. The parcel is currently vacant. The applicant is annexing into the City limits as a condition to receiving City potable water connection. The subject property will be contiguous to the City of Ocoee since it is bordered on the north by property that is currently being annexed. The parcel will receive an R-1 (Single-Family Dwelling) zoning classification upon annexation. a) First Reading of Annexation Ordinance b) First Reading of Rezoning Ordinance City Attorney Cookson read the titles of the Ordinances. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on August 3, 2021, at 6:15 PM or soon thereafter. 28. First Reading of Ordinance for Ocoee Rentals Properties at 504 3rd Street — Annexation & Rezoning; Project No(s): AX 05-21 14 & RZ 21 05 18. (Second Reading and Public Hearing scheduled for August 3,2021,Regular Commission Meeting at 6:15 pm or soon thereafter.) (Planner Hines) The property is approximately 0.25 acres and located on the west side of 3rd Street, about 586 feet south of Center Street and approximately 654 feet north of E. Silver Star Road.The parcel is currently developed with a single-family house. The applicant is annexing into the City limits as a condition to receive City potable water connection. The subject property is considered contiguous to the City of Ocoee since it is bordered by property to the west that is currently being annexed.The subject property is considered contiguous to the City of Ocoee since it is bordered by property to the west that is currently being annexed. The subject property is 15IPage , Regular City Commission Meeting July 20, 2021 considered contiguous to the City of Ocoee since it is bordered by property to the west that is currently being annexed. a) First Reading of Annexation Ordinance b) First Reading of Rezoning Ordinance City Attorney Cookson read the titles of the Ordinances. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on August 3, 2021,at 6:15 PM or soon thereafter. 29. First Reading of Ordinance for Ocoee Rentals Trust Properties at 502 3rd Street — Annexation & Rezoning; Project No(s): AX-05-21-15 & RZ-21-05-19. (Second Reading and Public Hearing scheduledfor August 3,2021,Regular Commission Meeting at 6:15 pm or soon thereafter.) (Planner Hines) The property is approximately+/- 0.24 acre is located on the west side of 3rd Street, about 664 feet south of Center Street and approximately 579 feet north of E. Silver Star Road.The subject parcel has one(1)existing Single-Family Residence. The applicant is annexing into the City limits as a condition to receive City potable water connection. The subject property is considered contiguous to the City of Ocoee since it is bordered by property to the west that is currently being annexed. The parcel will receive an R-1 (Single-Family Dwelling) zoning classification upon annexation. a) First Reading of Annexation Ordinance b) First Reading of Rezoning Ordinance City Attorney Cookson read the titles of the Ordinances. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on August 3, 2021, at 6:15 PM or soon thereafter. 30. First Reading of Ordinance for Ocoee Rentals Trust Properties at 436 3rd Street — Annexation & Rezoning; Project No(s): AX-05-21-16 & RZ-21-05-20. (Second Reading and Public Hearing scheduledfor August 3,2021,Regular Commission Meeting at 6:15 pm or soon thereafter.) (Planner Hines) The property is approximately 0.25 acres and located on the west side of 3rd Street, about 744 feet south of Center Street and almost 501 feet north of E.Silver Star Road.The parcel is currently developed with a single- family house. The applicant is annexing into the City limits as a condition to receive City potable water connection.The subject property is considered contiguous to the City of Ocoee since it is bordered by property to the north and west that is currently being annexed.The parcel will receive an R-1 (Single-Family Dwelling) zoning classification upon annexation a) First Reading of Annexation Ordinance b) First Reading of Rezoning Ordinance City Attorney Cookson read the titles of the Ordinances. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on August 3, 2021, at 6:15 PM or soon thereafter. 31. First Reading of Ordinance for Covington Holdings LLC at 8667 A.D. Mims Road — Annexation & Rezoning; Project No(s): AX-04-21-10 & RZ-21-04-13. (Second Reading and Public Hearing scheduled for August 3,2021,Regular Commission Meeting at 6:15 pm or soon thereafter.) (Planner Hines) The property is approximately 9.94 acres and located on the north side of A.D. Mims Road, about 1615 feet west of Apopka Vineland Road. The subject parcel is currently developed with a single-family house and accessory structures. existing Single-Family Residence. The Applicant is annexing into the City limits as a 16IPage Regular City Commission Meeting July 20, 2021 condition to receive City benefits. The subject property is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the north, east, and west. The parcel will receive an "A-1"(General Agricultural)zoning upon annexation. a) First Reading of Annexation Ordinance b) First Reading of Rezoning Ordinance City Attorney Cookson read the titles of the Ordinances. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on August 3, 2021,at 6:15 PM or soon thereafter. SECOND READING OF ORDINANCE —PUBLIC HEARING -None REGULAR AGENDA - 9:26 P\I 32. Fire Station 38 Stand-By Generator. (Public Works Director Krug) The Fire Department began occupying the new location for Fire Station 38 at the Vignetti Park site in early 2020. The previous facility in the Fountains West shopping center did not have a standby generator.However, since moving into the facility,there has been discussion relating to the need for a standby generator in case of power loss. The current Station 38 is a manufactured building and will not be occupied during a declared storm event. Public Works has sized and solicited pricing for generators that would meet the needs of the station should power be interrupted. The cost to install a new 30kW generator is$25,810.00. This cost is not currently funded in the City Capital Improvements budget and would need to be funded from Contingency Funds in the current fiscal year. Public Works is requesting Commission direction on funding the generator in this fiscal year or to be incorporated in the next fiscal year's budget. Public Works Director Krug explained he was asked to investigate the cost of a standby generator for Fire Station 38, which he shared is under $25,000, but is not funded in the current budget year.Public Works staff is requesting the Commission's direction on funding the generator in this fiscal year, or for it to be incorporated in the next fiscal year's budget. Mayor Johnson inquired if the City still plans to build another Fire Station. City Manager Frank addressed his question. Brief discussion ensued regarding the ordering and delivery of a generator. Mayor Johnson handed the gavel to Commissioner Wilsen. Motion: Move to approve the purchase of the generator for Fire Station 38 from the Contingency Fund; Moved by Mayor Johnson, seconded by Commissioner Oliver; Motion carried unanimously. Mayor Johnson read the posted Commissioner Announcement Notice. During the City Commission Meeting, members of the City Commission are given limited time to make announcements. The purpose of this additional meeting is to give the Mayor and City Commissioners time to make additional announcements that were not made as part of the City Commission Meeting. No formal actions on matters will be taken during this meeting. No discussions regarding matters that may come before the City Commission at a future City Commission Meeting should be addressed during this meeting. As the purpose of the meeting is 17IPage Regular City Commission Meeting July 20, 2021 for the sharing of general announcements by members of the City Commission that are City-wide or District-wide, no public discussion/input is requested during this meeting. One or more members of the City Commission may (but are not required to) attend this meeting. In the event the members of the City Commission have no further announcements, and/or choose not to attend this meeting, there will be no meeting. Commissioner Oliver asked for confirmation that the notice was posted. City Attorney Cookson answered in the affirmative. COMMENTS FROM CITIZENS/PUBLIC - 9:31) l'A l The following persons addressed the City Commission: - Evelyn Benton, Ocoee Resident, spoke on behalf of the small businesses inside the West Oaks Mall, and requested assistance from the Commission in seeking grants. She shared that the pandemic has placed an increased hardship on many and feared they may be forced to close their doors if help does not come soon. Mayor Johnson noted that each Elected Official has access to discretionary funds, which can be distributed to help support the community and encouraged her to reach out to each one of them individually. He further suggested seeking Federal grant funds. Commissioner Wilsen inquired if Ms. Benton had spoken with Economic Development Consultant de la Portilla for guidance. Staff was directed to help Ms. Benton get in contact with Economic Development Consultant de la Portilla. Commissioner Brinson announced that he is in current negotiations with developers based out of Chicago that might be able to assist, and offered to speak to them on behalf of the small business owners. - Brad Lomneck, Ocoee Resident, in light of the current Firefighter concerns the City is facing,he expressed a desire for the Commission to support an EMT/Paramedic Program to assist Ocoee Firefighters in receiving additional training and certifications. - Chris Atkins,Ocoee Resident, inquired about the original budget for the Fullers Cross Road Intersection versus the current cost, and questioned funding for the project. City Manager Frank addressed his concerns. COMMENTS FROM COMMISSIONERS - 9:50 PM Commissioner Brinson—Commented on the following: 1) Reminded residents that the Fullers Cross Intersection is under construction, and requested all citizens to be patient and drive with caution. 2) Shared additional road closures in the downtown area along Bluford Ave. 3) Encouraged citizens to be mindful of the movement in Washington DC, and Tallahassee, and urged them to contact their local, state, and national officials on the recent bills and executive orders being approved. 4) Expressed concerns regarding the new Covid Delta variant and encouraged citizens to abide by recommended protocols to help combat a recurrence. 18 1 Page 1 1 Regular City Commission Meeting July 20, 2021 Commissioner Wilsen—Commented on the following: 1) Asked for seasonal banners on Clarke Road. City Manager Frank addressed her request. 2) Requested an advance notice, a minimum of 1 month or 2 meetings, when an individual or organization requests waiving the fees for use of the City's venues. 3) Explained that she is getting numerous complaints regarding yard waste pick up, and stressed the need for a solution to resolve the ongoing concerns. Mayor Johnson suggested the purchase of a claw truck for Public Works to operate within the City. Commissioner Firstner—Commented on the following: 1) Stressed that he has the same ongoing concerns as Commissioner Wilsen in regard to yard waste, and asked the Directors of Finance and Public Works to bring forth a proposal during the budget meetings to take back the yard waste. City Manager Frank responded to his request. 2) Requested a proposal for additional lighting along Pine Street. City Manager Frank responded to his request. 3) Congratulated CRA Administrator Corless on the $3 million-dollar West Orange Healthcare District grant that she and her team secured. Commissioner Oliver— Commented on the following: 1) Announced the vacancies on the advisory boards. 2)Expressed concerns on limiting the time an Elected Official has to speak during Commissioner Comments. He expressed appreciation for the efforts taken to allow for additional time during the Announcement Meeting scheduled after the City Commission meeting has adjourned, but fears the ethical ramifications. Therefore, at this time, he will not be using the allotted time. 3) Shared that he has also received numerous complaints regarding trash collection,and requested a motion to have Staff create a report with costs to address a solution. Consensus was to have City staff bring back information on solutions to address the ongoing trash collection issues. 4) Shared that he spoke with Parks and Recreation Director Johnson about bringing back several pre-covid community events such as Movie on the Lawn, and Food Truck Friday 5) Gave a brief overview of the American Rescue Plan Act of 2021, and requested a meeting with City Manager Frank. City Manager Frank addressed his comments and agreed to a meeting. 6) Shared a quote. Mayor Johnson—Commented on the following: 1) Reiterated the Commission's concerns on trash collection. 2) Agreed with City Manager Frank on the process of collecting grant funds. 3) Clarified that Orange County is paying half the cost for the improvements at the Fullers Cross Road intersection. 4) Reassured citizens that during the IAFF Labor Negotiation, the Commission is working hard to negotiate fairly on behalf of the City. ADJOURNMENT— 10:12 PM l PROVED: st: • City it,,kee 1► Melanie Sibbitt, City Clerk Rusty Jiiti , Mayor 19IPage • • FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LA T NAME—FIRST NA —MIDDLE NAME NAME OF BOARD, OUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE r , 60er� 1 5 , 8 ; )?/91/ [(Y _ MAILiNg ADDRF§S THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON i I/�, s �p ��. C ��-e ICH I SERVE ISA UNIT OF: CITY����ttI�JJJJ (((��'YYY (.G / v COUNTY CITY ❑COUNTY 0 OTHER LOCAL AGENCY (/ j �/ VOT' /�� ,34102201 N E OF eoeePOLITICAL SiJlB41VISl( Zls DATE ON wHICHH�V COTE OCCUR�J/ ED Cl/ MY POSITIONPO IS: C/�X/ rY/L,/ `/ 7 / 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: 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 1 INTEREST' �/� O5a/72(7 L 1 . , hereby disclose that on ,20 c9/ : J ,� �J (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,la/ ; t� inured to the special gain or loss of L..../0 G oe_e , by whom I am retained; or 61 inured to the special gain or loss of ,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 follows: az) a_ �-L �C� / G��. . ate %e Zdaz ,C )1c/x-f--9Cha-F 1' — 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. GG/ Dat7fr / / ignature �/ 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.