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HomeMy WebLinkAboutItem 08 Appointment of Five (5) Members, Two (2) Alternate Members and a Facilitator to the Charter Review Commission City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: May 16, 2023 Item #: 8 Contact Name: Melanie Sibbitt Department Director: Melanie Sibbitt Contact Number: Ext. 1026 City Manager: Robert Frank Subject: Appointment of Five (5) Members, Two (2) Alternate Members and a Facilitator to the Charter Review Commission. (City Clerk Sibbitt) Background Summary: According to Article X, Section C-59 of the City Charter: A Charter Review Commission shall be appointed by the City Commission no later than December 15 in the year 1999 and no later than December 15 every ten (10) years thereafter. A Charter Review Commission may also be appointed by the City Commission at such times as deemed necessary by the City Commission. The Charter Review Commission shall consist of five (5) members who shall be appointed by a majority vote of the City Commission and who shall serve on such a Commission for terms of one (1) year unless such terms are extended by the City Commission. The Mayor shall also appoint two (2) alternate members, subject to the approval of the City Commission, who may fill in for any member absent from a Charter Review Commission meeting. On April 18, 2023, the City Commission voted unanimously to proceed with establishing a Charter Review Commission, and at the May 2, 2023, Regular City Commission meeting, City staff requested the City Commission provide applications to the City Clerk from interested residents by Friday, May 12, 2023. Applications received to date are attached. Furthermore, City staff recommends Attorney Richard Geller of Fishback Dominick LLP, who is board certified by the Florida Bar in City, County, and Local Government Law, to be appointed as the Charter Review Commission facilitator and board attorney, including being tasked with professional review and recommendation on the City’s Charter as part of the process. Mr. Geller has practiced law for over 30 years, the last 15 with Fishback Dominick, which is a premier local government law firm in the area. Issue: Should the Honorable Mayor and City Commissioners appoint five (5) members and two (2) alternates; and further, appoint Attorney Richard Geller of Fishback Dominick LLP as facilitator/board attorney to the Charter Review Commission? Recommendations: City staff recommends the Honorable Mayor and City Commissioners appoint five (5) members and two (2) alternates; and further, appoint Attorney Richard Geller of Fishback Dominick LLP as facilitator/board attorney to the Charter Review Commission. Attachments: 1. City Charter_Article X 2. Application _Alcuri, Tim Page 86 of 147 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org 3. Application_Chacon, Derrick 4. Application_Forges, Lou 5. Application_Lomneck, Brad 6. Application _Lowrie, Thomas 7. Application_Moyer, Jim 8. Attorney Richard Geller Bio Financial Impacts: Type of Item: Regular Page 87 of 147 - CHARTER ARTICLE X Charter Review Commission Ocoee, Florida, Code of Ordinances Created: 2022-09-11 14:11:01 [EST] (Supp. No. 53) Page 1 of 2 ARTICLE X Charter Review Commission § C-59. Appointment of members; alternate members; absences. [Amended 12-1-2009 by Ord. No. 2009-030 1; 10-3-2017 by Ord. No. 2017-0252] (1) A Charter Review Commission shall be appointed by the City Commission no later than December 15 in the year 1999 and no later than December 15 every ten (10) years thereafter. A Charter Review Commission may also be appointed by the City Commission at such times as deemed necessary by the City Commission. The Charter Review Commission shall consist of five (5) members who shall be appointed by a majority vote of the City Commission and who shall serve on such Commission for terms of one (1) year unless such terms are extended by the City Commission. The Mayor shall also appoint a first and second alternate member, subject to the approval of the City Commission, who may fill in for any member absent from a Charter Review Commission meeting. (2) Alternate members shall serve as a regular member of the Charter Review Commission; provided, however, an alternate member may not vote on a matter unless a member is absent. If a member is absent, the first alternate may vote on a matter in the place of the absent member. If a second member is absent, the second alternate may vote on a matter in the place of the second absent member. (3) Absence by any member, including the alternates, from three (3) meetings of the Charter Review Commission shall result in automatic removal of the absent member and vacation of the seat of the absent member, whether such member's absence is excused or unexcused. § C-60. Removal; vacancies. A. Removal. Any member of the Charter Review Commission may be removed by the City Commission in accordance with the following procedures: (1) The City Commission shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal. A copy of the resolution shall be promptly delivered to the member of the Charter Review Commission sought to be removed. (2) Within five (5) days after a copy of the resolution is delivered to the member sought to be removed, such member may file with the City Commission a written reply and/or a written request for a public hearing. This hearing shall be held at a City Commission meeting no earlier than fifteen (15) days and no later than thirty (30) days after the request is filed. (3) The City Commission may adopt by affirmative vote of a majority of all its members a final resolution of removal, which may be made effective immediately. Such resolution, if adopted, must be adopted no earlier than six (6) days and no later than thirty (30) days from the date a copy of the preliminary resolution was delivered to the member sought to be removed, if such 1Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-13-2018. Said ordinance also provided for an effective date of 6-1-2018. Page 88 of 147 Created: 2022-09-11 14:11:01 [EST] (Supp. No. 53) Page 2 of 2 member has not requested a public hearing. If such member has requested a hearing, such resolution, if adopted, must be adopted within forty-five (45) days from the date of the hearing. B. Vacancies. In the event of a vacancy on the Charter Review Commission, the first alternate will assume the vacant seat. In the event of a second vacancy on the Charter Review Commission, the second alternate will assume the vacant seat. If any vacancy occurs in the Charter Review Commission and no alternate member is available to assume the vacant seat, a qualified individual shall be appointed by the City Commission to serve in place of the member who created the vacancy. Such vacancy shall be filled within thirty (30) days after the vacancy occurs. [Amended 10-3-2017 by Ord. No. 2017-025 2] § C-61. Powers and duties. [Amended 12-1-2009 by Ord. No. 2009-030 3; 10-3-2017 by Ord. No. 2017-0253] The Charter Review Commission shall be empowered to conduct a comprehensive study of any or all phases of city government. If changes are recommended, the Charter Review Commission shall transmit its proposed report with Charter amendments in ordinance form to the City Commission for comment. The City Commission shall, within 45 days of receipt, review the report. If the City Commission has comments or recommendations, the City Commission will return its comments or recommendations, if any, to the Charter Review Commission within the same 45 day period. The Charter Review Commission shall consider the comments or recommendations of the City Commission and then shall make its own final report to the City Commission, in ordinance form, which shall be adopted verbatim by the City Commission and which shall be placed on the ballot at the next municipal election. The final report and ordinance must be adopted by the City Commission at least ninety (90) days prior to the election, or as otherwise may be required by law. In the same election, the City Commission may sponsor its own proposal for inclusion on the ballot. In the event of any conflict among proposals, that proposal receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. § C-62. [Repealed]. [Amended 12-1-2009 by Ord. No. 2009-030] § C-63. Officers. The Charter Review Commission shall create and elect appropriate officers as it deems necessary for the orderly conduct of its specific duties. § C-64. Expenses. The City Commission shall appropriate funds to defray reasonable expenses of the Charter Review Commission. 2Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-13-2018. Said ordinance also provided for an effective date of 6-1-2018. 3Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010. Said ordinance provided for an effective date of 6-1-2010. Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-13-2018. Said ordinance provided for an effective date of 6-1-2018. Page 89 of 147 APPLICATION FOR SERVING ON CITY BOARDS Please use this form to apply for appointment to a citizen advisory or quasi-judicial board. Completed applications must be signed and submitted to the Office of the City Clerk, 1 N. Bluford Ave., Ocoee, FL 34761 or emailed to ccdl@ocoee.org. Applications are valid for one (1) year from the date of submission. Please direct any questions to the Office of the City Clerk, 407-905-3105. All submitted applications are public records under Chapter 119, Florida Statutes, and are open to inspection by all persons. Name (please print) _____________________________________E-mail Address Home Address Phone ______________________ __ City Resident at Least 6 Months? [ ] Yes [ ] No City District # When possible, equal representation for all districts shall be maintained on all advisory boards, and the City Commission shall consider the demographic makeup of the board upon making their appointment. Place of Work Position ______ Business Address US Citizen? [ ] Yes [ ] No Registered Voter? [ ] Yes [ ] No City Employee? [ ] Yes [ ] No Dept. Presently Serve on Quasi-judicial Board? [ ] Yes [ ] No If yes, please describe State law prohibits service on more than one quasi-judicial board or elected/appointed office. Please indicate the board(s) for which you seek appointment by the City Commission. Financial disclosure and/or background checks are required for certain citizen board members; see footnotes. Citizen Advisory Council for Fire Dept.2 Parks & Recreation Advisory Board2 Citizen Advisory Council for Police Dept.2 Planning & Zoning Commission1 Code Enforcement Board1 Personnel Board General Employees’ Retirement Trust Fund Board of Trustees1 Police Officers’ and Firefighters’ Retirement Trust Fund Board of Trustees1 Human Relations Diversity Board2 1 Financial disclosure forms must be submitted after appointment to a quasi-judicial board. 2 Background checks are required before a member may participate in public-contact events. Is this for Reappointment? [ ] Yes [ ] No Have Attended at Least 1 Meeting of Requested Board(s)? [ ] Yes [ ] No You are strongly encouraged to attend at least one meeting of any board for which you seek appointment prior to submitting your application. Page 90 of 147 List any education, experience, and/or skill or civic involvement that would be relevant to serving on a board. Is a Resume Attached? [ ] Yes [ ] No Education: ______________________________________________________________________________ _______________________________________________________________________________________ Experience: ____________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Special Knowledge or Skills: ________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Community/Civic Organizations & Involvement: ________________________________________________ _______________________________________________________________________________________ Hobbies or Special Interests: ________________________________________________________________ _______________________________________________________________________________________ ACKNOWLEDGMENT (Check Below): � I understand that in accordance with the Florida Sunshine Law, this information will be available for public review and I waive any objections to such publication. � If appointed, I agree to faithfully and fully perform the duties of the Board, make every endeavor to serve my full term, and will comply with all laws or Ordinances of the City, County, and State of Florida. � I understand, if appointed, an updated application must be submitted to seek appointment to another advisory board. � I understand that Financial disclosure forms must be submitted after appointment to a quasi-judicial board. STATE REPORTING REQUIREMENTS Section 760.80, F.S., requires the City submit a report annually to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes below: Race Gender Disability __ African-American __ Male __ Physically Disabled __ Asian- American __ Female __ Hispanic-American __ Native American __ Caucasian By my signature below, I attest that the information provided herein is true and correct, and I acknowledge and agree that a background check will be required when my duties include contact with the public. Signature __________________________________________ Date __________________________________ Page 91 of 147 Page 92 of 147 Page 93 of 147 APPLICATION FOR SERVING ON CITY BOARDS Please use this form to apply for appointment to a citizen advisory or quasi-judicial board. Completed applications must be signed and submitted to the Office of the City Clerk, 1 N. Bluford Ave., Ocoee, FL 34761 or emailed to ccdl@ocoee.org. Applications are valid for one (1) year from the date of submission. Please direct any questions to the Office of the City Clerk, 407-905-3105. All submitted applications are public records under Chapter 119, Florida Statutes, and are open to inspection by all persons. Name (please print) _____________________________________E-mail Address Home Address Phone ______________________ __ City Resident at Least 6 Months? [ ] Yes [ ] No City District # When possible, equal representation for all districts shall be maintained on all advisory boards, and the City Commission shall consider the demographic makeup of the board upon making their appointment. Place of Work Position ______ Business Address US Citizen? [ ] Yes [ ] No Registered Voter? [ ] Yes [ ] No City Employee? [ ] Yes [ ] No Dept. Presently Serve on Quasi-judicial Board? [ ] Yes [ ] No If yes, please describe State law prohibits service on more than one quasi-judicial board or elected/appointed office. Please indicate the board(s) for which you seek appointment by the City Commission. Financial disclosure and/or background checks are required for certain citizen board members; see footnotes. Citizen Advisory Council for Fire Dept.2 Parks & Recreation Advisory Board2 Citizen Advisory Council for Police Dept.2 Planning & Zoning Commission1 Code Enforcement Board1 Personnel Board General Employees’ Retirement Trust Fund Board of Trustees1 Police Officers’ and Firefighters’ Retirement Trust Fund Board of Trustees1 Human Relations Diversity Board2 1 Financial disclosure forms must be submitted after appointment to a quasi-judicial board. 2 Background checks are required before a member may participate in public-contact events. Is this for Reappointment? [ ] Yes [ ] No Have Attended at Least 1 Meeting of Requested Board(s)? [ ] Yes [ ] No You are strongly encouraged to attend at least one meeting of any board for which you seek appointment prior to submitting your application. Charter Review CommissionOther Page 94 of 147 List any education, experience, and/or skill or civic involvement that would be relevant to serving on a board. Is a Resume Attached? [ ] Yes [ ] No Education: ______________________________________________________________________________ _______________________________________________________________________________________ Experience: ____________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Special Knowledge or Skills: ________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Community/Civic Organizations & Involvement: ________________________________________________ _______________________________________________________________________________________ Hobbies or Special Interests: ________________________________________________________________ _______________________________________________________________________________________ ACKNOWLEDGMENT (Check Below): I understand that in accordance with the Florida Sunshine Law, this information will be available for public review and I waive any objections to such publication. If appointed, I agree to faithfully and fully perform the duties of the Board, make every endeavor to serve my full term, and will comply with all laws or Ordinances of the City, County, and State of Florida. I understand, if appointed, an updated application must be submitted to seek appointment to another advisory board. I understand that Financial disclosure forms must be submitted after appointment to a quasi-judicial board. STATE REPORTING REQUIREMENTS Section 760.80, F.S., requires the City submit a report annually to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes below: Race Gender Disability __ African-American __ Male __ Physically Disabled __ Asian- American __ Female __ Hispanic-American __ Native American __ Caucasian By my signature below, I attest that the information provided herein is true and correct, and I acknowledge and agree that a background check will be required when my duties include contact with the public. Signature __________________________________________ Date __________________________________ Page 95 of 147 WORK HARD * LIVE WELL LOU FORGES, VALIANT REALTY GROUP, LLC. 112 S Bluford Ave., Ocoee, FL 34761 407-592-7710 lou@valiantrealtygrp.com OBJECTIVE: To facilitate the listing and sales of Real Estate properties in the most efficient and profitable manner while upholding the client s image, business culture and maintaining consumers safety and dignity. SERVICES & RESOURCES: Mid Florida Reginal MLS Costar-Loopnet and several other CRE network and marketing media Facilitate with the acquisition and liquidation of bank real assets. Owners and Developers Representation List, sell, and manage REO and Bank Assets. Fully insured. Full time support staff Full knowledge and experience with, Asset Management, Evictions, Property Management etc. WORK EXPERIENCE: Valiant Realty Group. Ocoee FL Broker & Broker & Managing Partner November 2020 Present Currently project managing a 28 units townhome development in Ocoee, FL. Currently managing and marketing Real Estate Owned (REO) and commercial properties for various credit unions. Currently working as an rep to develop 230,000 sqft., Industrial building complex in Leesburg Florida. Having experience with hundreds of transactions allows me to foresee problems and proactively solve issues before they bloom into a larger problem, or even before they happen at all. Thoroughly familiar with the eviction process and laws pertaining to personal belongings Have over 85% success rate on cash for keys negotiations Rock solid support staff to handle day to day details pertaining to ordering utilities on/off, getting appraisers and workmen into properties, handling damage assessments, getting bids for repair work, securing properties and checking on occupancy status etc. Named Agent of The Year for three consecutive years by Orlando Magazine RF Realty International, Ocoee FL Broker & Managing Partner. March 2010 November 2020 Forges Realty Group, LL, Ocoee FL Broker & Owner January 2008 March 2010 Main Street Realty, Windermere FL Sales Associate November 2002 December 2007 EDUCATION: Bachelor of Science International Business & Marketing Florida Atlantic University, Boca Raton, FL Page 96 of 147 APPLICATION FOR SERVING ON CITY BOARDS �'*� ocoee Please use this form to apply for appointment to a citizen advisory or quasi-judicial board. Completed applications must be signed and submitted to the Office of the City Clerk, 1 N. Bluford Ave., Ocoee, FL 34761 or emailed to ccdl@ocoee.org. Applications are valid for one (1) year from the date of submission. Please direct any questions to the Office of the City Clerk, 407-905-3105. florida All submitted applications are public records under Chapter 119, Florida Statutes, and are open to inspection by all persons. Name (please print) Bradley Lomneck E-mail Address Blqmneck1@gmail.com _______ _ Home Address 957 Veronica cir ocoee, fl 34761 ________________________ _ City Resident at Least 6 Months? [ x] Yes [ ] No City Phone ____ �3 �2�16�8�9�0�7�3=2 ________ _ District# __ When possible, equal representation for all districts shall be maintained on all advisory boards, and the City Commission shall consider the demographic makeup of the board upon making their appointment. Place of Work ACR Solutions LLC ___________ _ Position -�D�ir�e�c=to�r�o�f �S=al=e�s ______ _ Business Address 1555 Garden St Titusville, FL _________________________ _ US Citizen? [ x] Yes [ ] No Registered Voter? [x ] Yes [ ] No City Employee? [ ] Yes [ x] No Dept. _____ Presently Serve on Quasi-judicial Board? [ x] Yes [ ] No If yes, please describe Planning and zoning ____ _ State law prohibits service on more than one quasi-judicial board or elected/appointed office. Please indicate the board(s) for which you seek appointment by the City Commission. Financial disclosure and/or background checks are required for certain citizen board members; see footnotes. Citizen Advisory Council for Fire Dept.2 Parks & Recreation Advisory Board 2 Citizen Advisory Council for Police Dept.2 Planning & Zoning Commission 1 Code Enforcement Board 1 Personnel Board General Employees' Retirement Trust Police Officers' and Firefighters' Retirement Trust Fund Board of Trustees 1 Fund Board of Trustees1 Human Relations Diversity Board 2 X Charter Review Board 1 Financial disclosure forms must be submitted after appointment to a quasi-judicial board. 2 Background checks are required before a member may participate in public-contact events. Is this for Reappointment? [] Yes [x] No Have Attended at Least 1 Meeting of Requested Board(s)? [ ] Yes [ x] No You are strongly encouraged to attend at least one meeting of any board for which you seek appointment prior to submitting your application. 2 Page 97 of 147 Page 98 of 147 Page 99 of 147 Page 100 of 147 Page 101 of 147 Page 102 of 147 Page 103 of 147 Richard S. Geller Equity Partner rgeller@fishbacklaw.com Tel: (407) 262-8400 Areas of Practice: •￿Appellate Practice •￿Commercial & Business Litigation •￿Government Law •￿Land Use & Development •￿Motor Vehicle Law Page 104 of 147 Mr. Geller is a partner in Fishback Dominick. He is a tireless advocate for his clients’ interests and always comes to the table with solutions to legal challenges. Since 1992, when he began his career, Mr. Geller has built a diverse portfolio of legal expertise. He is board certified by the Florida Bar in City, County, and Local Government Law and represents clients in both the public and private sectors. He has litigated and gone to trial on a wide variety of issues, including allegations of fraud, breach of contract, breach of public and private construction contracts, breach of fiduciary duty, breach of trust, interference with business relations, deceptive and unfair trade practices, unfair debt collections, and civil racketeering. And he has represented employers pursuing actions against former employees who have violated covenants not to compete, or who have violated confidentiality agreements. Among the businesses he has represented are automobile auctions, automobile dealerships, banks, insurance institutions, pest control companies, rental car companies, medical practices, and resorts. In the area of municipal and local government law, Mr. Geller has handled quasi-judicial and court proceedings involving construction defects and delays, cell tower denials, code enforcement appeals, competitive bid challenges, public contracts, billboard location denials, as well as zoning and comprehensive plan amendments. He served as an Orange County planning and zoning commissioner from 2009-12, during which time he helped shape myriad county ordinances, adjudicated zoning applications, and played a key role in rewriting the Horizon West Village Code. In connection with Fishback Dominick’s role as City Attorney for the City of Winter Garden, Fl., he assisted with the writing of the city’s downtown historic district code. From 2011-14, Mr. Geller taught land use law and urban zoning codes as an adjunct professor in Rollins College’s Master of Planning in Civic Urbanism program. He currently serves as vice chair of Bike/Walk Central Florida and chair of Congress for the New Urbanism, Florida Chapter. A champion of pedestrian and bicyclist safety, Mr. Geller has written extensively on the subjects of safe road design and walkable neighborhood schools. His articles have been published in the Orlando Sentinel, Public Square (the national publication of the Congress for the New Urbanism), and the Florida State University College of Law’s Journal of Land Use and Environmental Law. EDUCATION Temple University, Juris Doctor, cum laude, 1992 Associate Research Editor, Temple Law Review, 1991-1992 Member, Temple Law Review, 1990-1991 Judicial intern to Judge Stanley Brotman, U.S. District Court, District of New Jersey, 1991-1992 Judicial intern to Judge Carl B. Rubin, U.S. District Court, Southern District of Ohio, 1991 Miami University, Bachelor of Arts, 1988 Page 105 of 147 COURTS OF PRACTICE Florida State Courts U.S. District Courts, Middle and Southern Districts of Florida U.S. Court of Appeals, Eleventh Circuit PROFESSIONAL ACTIVITIES Special Magistrate for code enforcement, City of Cape Canaveral, 2020 – present Assistant City Attorney, City of Winter Garden, 2008-present Assistant City Attorney, City of DeBary, 2014-present Assistant City Attorney, City of Winter Park, 2015-present Assistant City Attorney, City of Belle Isle, 2017-present Adjunct Professor teaching Land Use Law, Rollins College, Master of Planning in Civic Urbanism program, Winter Park, Florida, 2011 – 2014 Speaker, “Making Neighborhood Schools Safe to Access and Legal Again,” 27th Congress for the New Urbanism, Louisville, Kentucky, 2019. Speaker, “A Cycle Track for Winter Park” at the Florida Summit of the Congress for the New Urbanism, Sarasota, Florida, 2014 Speaker, “Walkable Thoroughfares: Incorporating an ITE Recommended Practice in FDOT Standards,” at the Florida Statewide Conference of the Institute of Transportation Engineers, Naples, Florida, 2011 Speaker, “Complete Streets: How do we Convince the Florida Legislature?” at the Florida Statewide Conference of the Congress for the New Urbanism, Seaside, Florida, 2011 Guest participant, “What’s the Verdict?–A Mock Trial” on the topic of record documentation at the National Conference of the American Orthotic and Prosthetic Association, Hollywood, Florida Orange County Bar Association Florida Municipal Attorneys Association RATINGS & CERTIFICATIONS AV – Preeminent Rated by Martindale-Hubbell Orlando’s Top Lawyers, 2010-Present Board Certified by The Florida Bar as a specialist in City, County and Local Government Law, August 2019. Page 106 of 147 COMMUNITY ACTIVITIES Chair, Congress for the New Urbanism – Florida Chapter, 2018-Present District 1 Commissioner, Orange County Planning and Zoning Board, 2009-2012 Winter Park Health Foundation, Healthy Communities Work Group, 2013-2017 Board of Directors, Bike Walk Central Florida, 2013-present; Vice chair, 2018-Present Co-chair, Florida Summit of the Congress for the New Urbanism, Orlando and Winter Park, Florida, 2015 Page 107 of 147