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Home My WebLink AboutItem 01. Approval of the Minutes1 | Page MINUTES OCOEE CITY COMMISSION MARCH 21, 2023 REGULAR CITY COMMISSION MEETING • CALL TO ORDER 6:16 PM Mayor Johnson called the regular session to order at 6:16 PM in the Commission Chambers of City Hall. The invocation was led by Brad Lomneck, Ocoee Resident, 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 – None • STAFF REPORTS AND AGENDA REVIEW – None • PUBLIC COMMENTS – None • CONSENT AGENDA 6:17 PM Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1-8. Moved by Commissioner Wilsen, seconded by Commissioner Oliver; Motion carried 5-0. 1. Approval of the Minutes for the Regular City Commission Meeting held March 7, 2023. (City Clerk Sibbitt) 2. Approval of an Amendment to the Utility Easement Agreement between Lake Lilly Professional Center Property Owners Association, Inc., Heller Bros. Groves, Lake Lilly Apartments, LLC, and City of Ocoee. (Development Services Director Rumer) 3. Approval of an Emergency Access Easement Agreement between Lake Lilly Professional Center Property Owners Association, Inc., Heller Bros. Groves, Lake Lilly Apartments, LLC, and the City of Ocoee. (Development Services Director Rumer) 4. Approval of the Fifth Amendment to the Interlocal Agreement between the City of Ocoee and the School Board of Orange County regarding the Coca-Cola Property (Ocoee Crown Point PUD). (Development Service Director Rumer) 5. Approval of Resolution Amending the Benchmark Rate for the 2009 Capital Improvement Refunding Revenue Note. (Finance Director Roberts) 6. Approval of Phase 2 for the Vandergrift Central Park Skatepark Project. (Parks and Recreation Director Johnson) Page 9 of 668 Regular City Commission March 21, 2023 2 | Page 7. Approval of Road Closures for the 2023 West Orange Babe Ruth Opening Day Parade and Ceremonies. (Parks and Recreation Director Johnson) 8. Approval of the Sale of Yamaha Police Motorcycles to West Orlando Powersports. (Police Chief Plasencia) • FIRST READING OF ORDINANCE 6:18 PM 9. First Reading of Ordinance for 413 Whittier Avenue - Phat An Temple Inc. Property - Annexation & Rezoning; Project No(s). AX-01-23-02 & RZ-23-01-02. (Zoning Manager Whitfield) City Attorney Cookson read the titles of the ordinances and the Mayor announced this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on April 18, 2023, at 6:15 PM or soon thereafter. 10. First Reading of Ordinance for 911 Marshall Farms Road - Surujlall Property - Annexation & Rezoning; Project No(s). AX-01-23-01 & RZ-23-01-01. (Zoning Manager Whitfield) City Attorney Cookson read the titles of the ordinances and the Mayor announced this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on April 18, 2023, at 6:15 PM or soon thereafter. • SECOND READING OF ORDINANCE – PUBLIC HEARING – None • PUBLIC HEARING – None • REGULAR AGENDA – None • COMMENTS FROM CITIZENS / PUBLIC – None • COMMENTS FROM COMMISSIONERS 6:21 PM Commissioner Brinson - Commented on the following: 1) Read aloud the farewell letter that he sent to City staff which expressed appreciation to the voters, the City’s professional staff, and first responders. Commissioner Wilsen - Commented on the following: 1) Thanked Commissioner Brinson for his 4 years of service. 2) Noted the success of the Shred-It Event and provided information for the next event. 3) Shared the Ocoee Police Department’s fundraising accomplishment and commended them for a job well done. Commissioner Firstner – Commented on the following: 1) Provided information on the Smoke Alarm Blitz program, a partnership between the Ocoee Fire Department and the American Red Cross. 2) Announced the date, time, and location for Ice Cream with a Cop. Page 10 of 668 Regular City Commission March 21, 2023 3 | Page Commissioner Oliver – Commented on the following: 1) Expressed appreciation to the voters for the honor of being their District 4 Commissioner. 2) Conveyed many proud encounters he experienced with residents during his campaign for Mayor. 3) Thanked City staff for their hard work. 4) Shared a quote by Muhammad Ali. Mayor Johnson – Commented on the following: 1) Thanked both outgoing Commissioners for their service to the City and its residents. 2) Read an open letter to the Citizens of Ocoee where he voiced his appreciation and shared his hopes and aspirations as he enters into his final term as Mayor. 3) Announced that the newly elected officials would be sworn in at 7:00 PM. • ADJOURNMENT 6:33 PM APPROVED: Attest: City of Ocoee ______________________________ ____________________________ Melanie Sibbitt, City Clerk Rusty Johnson, Mayor Page 11 of 668 1 | P a g e MINUTES SPECIAL SESSION OCOEE CITY COMMISSION MARCH 21, 2023 CITY COMMISSION SPECIAL SESSION •Call to Order and Roll Call 7:20 PM Mayor Johnson called the special session to order at 7:20 PM in the Commission Chambers of City Hall. City Clerk Sibbitt called the roll and declared a quorum present. Present: Mayor Johnson, Commissioner Kennedy, Commissioner Wilsen, Commissioner Firstner Absent: Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt •Briefing by City Attorney, Discussion of Process and/or Immediate Appointment for Vacant Seat of District 4 Commissioner C-17. – Vacancies; forfeiture of office; filling of vacancies. “If any vacancy, other than the Office of Mayor, occurs in the City Commission, an eligible person shall be selected by the City Commission within thirty (30) days of the vacancy to serve until the successor is elected.” City Attorney Cookson explained the Charter requirement to fill the vacancy created by the resign to run of the District 4 Commissioner, who recently ran in the Mayor race. The vacancy became effective at the time of the swearing in of the Mayor-Elect. He further shared he will go over the process to fill the vacancy, and the City Commission can fill the vacancy tonight or at the April 18th Regular City Commission Meeting. Commissioner Kennedy shared he would like to learn about the process, and wait until April 18th to fill the vacancy. Commissioner Wilsen shared she felt they should adhere to the Charter, and would also like to wait until April 18th to fill the vacancy. She further commented that she felt the selected interim should be a District 4 resident. Mayor Johnson explained that he confirmed with the City Attorney that their selection did not have to be a District 4 resident, and further expressed why he felt having a resident outside of that District would be beneficial. He also agreed that the appointment of interim should be made on April 18th. Commissioner Firstner shared he would also like to wait until April 18th to fill the vacancy, as he would like to see resumes of interested residents before a decision is made. City Attorney Cookson summarized the requests of the City Commission to bring names of interested residents, whether in District 4 or not, to the April 18th Regular City Commission Meeting for selection of filling the vacancy. He further suggested that names be provided to the City Clerk so she can circulate that information to the City Commission prior to the meeting. Page 12 of 668 City Commission Special Session March 21, 2023 2 | P a g e Mayor Johnson requested that the appointment of the interim District 4 Commissioner be placed under presentations for the April 18th meeting. City Clerk Sibbitt confirmed that the swearing in of the interim District 4 Commissioner could also be conducted on April 18th. City Attorney Cookson agreed. Consensus of the City Commission was to conduct the selection of the interim District 4 Commissioner at the April 18, 2023, Regular City Commission Meeting under presentations, as summarized by the City Attorney; and further, conduct the swearing in following the appointment. •Briefing by City Attorney, Discussion and Approval of Special Election Date for the Election of a Commissioner for District 4 C-17. – Vacancies; forfeiture of office; filling of vacancies. “If a general city election will not be held within twelve (12) months, the successor shall be elected at a special election which shall be called by the City Commission within ninety (90) days of the vacancy. The successor shall serve for the unexpired term of the member who created the vacancy.” City Attorney Cookson explained the Charter requirement to select the date for the Special Election to fill the District 4 vacancy, and advised the elected candidate would be completing a term scheduled to expire in March 2025. He further shared that after discussions with the City Clerk and the Supervisor of Elections, June 13th has been identified as the recommended election date with a qualifying period from April 21st – April 28th, and the selected run-off date of July 11th, if needed. Motion: Move to approve the Special Election date of June 13, 2023, for District 4 Commissioner; and further, approve a run-off date of July 11, 2023, if needed. Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 4-0. Commissioner Wilsen inquired if the City Commission could ask that the interim appointee not be a potential candidate running in the Special Election for the District 4 seat. City Attorney Cookson addressed her question and advised that for the 2016 Special Election that was a policy the City Commission agreed on. Motion: Move that the City Commission appoint an interim Commissioner to fill the vacant District 4 seat from a list of interested residents who have elected not to run in the Special Election; Moved by Commissioner Wilsen, seconded by Commissioner Kennedy; Angel de la Portilla, Ocoee Resident, commented on the Charter and the need for changes. He further shared that he believed a Special Election must be called by ordinance. City Attorney Cookson addressed his concerns. Commissioner Wilsen confirmed that a Special Session Meeting would need to be called to adopt an ordinance. City Attorney Cookson addressed her question. Mayor Johnson inquired if they would be able to get a second opinion by another attorney on the resign to run. City Manager Frank addressed his question. Page 13 of 668 City Commission Special Session March 21, 2023 3 | P a g e Commissioner Wilsen inquired if that opinion is needed now or can it wait until the Charter is under review. Mayor Johnson shared that he is seeking an opinion due to confusions regarding the resign to run. Commissioner Kennedy asked for confirmation that the motion on the floor is acceptable. Joel Keller, Ocoee Resident, commented that he has no intention of running for the District 4 Commission seat, and further shared he is interested in serving as an interim. Mayor Johnson advised that the decision for appointment of interim will be heard at the April 18th Regular City Commission Meeting. City Attorney Cookson requested a brief recess to review the Charter and address concerns. (Recess 7:44 – 7:49 PM) City Attorney Cookson read aloud section C-17 from the Charter and further advised there is no requirement in the Charter that a Special Election has to be called by ordinance. He further explained that the City Commission decides who fills the vacancy, and they have the right to consider interested residents who do not run for the district seat. After a discussion. Motion carried 4-0. •Adjournment 7:52 PM Approved: Attest: City of Ocoee ______________________________ ____________________________ Melanie Sibbitt, City Clerk Rusty Johnson, Mayor Page 14 of 668