HomeMy WebLinkAboutItem 01 Approval of MinutesOCOEE CITY COMMISSION
Ocoee Commission Chambers
1 N. Bluford Avenue
Ocoee, Florida
November 7, 2023 MINUTES 6:15 PM
REGULAR CITY COMMISSION MEETING
• CALL TO ORDER t, P M
Mayor Johnson called the regular session to order at 6:15 PM in the Commission Chambers
of City Hall. The invocation was led by Commissioner Hart, 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 Kennedy, Commissioner Wilsen, Commissioner
Firstner, Commissioner Hart
Also Present: City Manager Frank, City Attorney Geller, City Clerk Sibbitt
-PRESENTATIONS AND PROCLAMATIONS 617 PM
Ocoee Day of Remembrance Proclamation, read and proclaimed by Mayor Johnson.
National Apprenticeship Week Proclamation, proclaimed by Mayor Johnson.
-STAFF REPORTS AND AGENDA REVIEW 6,�20 PM
City Manager Frank announced that Consent Agenda Item #5 is being pulled at the request of
the Developer, and will come back before the City Commission in December.
• PUBLIC COMMENTS 2" M
The following persons addressed the City Commission:
- Tom Lowery, Ocoee Resident, spoke about the Challenge 22, an organization
committed to suicide prevention. He encouraged the community to show their support by
participating in the Challenge 22 Walk scheduled on Saturday. The event is being hosted by
American Legion Post 63. He further reminded residents about the City's upcoming
Veteran's Day event on Thursday, November 91n
- Jim Moyer, Ocoee Resident, reiterated previous concerns about signage on the 429 and
shared that he has spoken to several community leaders, and encouraged the City to also
contact FDOT. He provided an update on the November Human Relations Diversity Board
meeting discussions. He also encouraged residents to attend the upcoming Veteran's Day
event in Ocoee as well as those events being hosted in neighboring cities.
- Chris Buonomo, Ocoee Resident, spoke about the tree removal permits for the
Wesmere Community, and inquired what the obligation is for the City to renew permits that
are expired. Commissioner Firstner proposed a ban on blanket tree removal permits not
just for the Wesmere Community but for the whole City. He voiced the need for a case by
case basis review of permits with justification for approval. Mayor Johnson suggested staff
and City Officials sit with the Wesmere HOA to discuss the issue with their community.
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Regular City Commission
November 7, 2023
Development Services Director Rumer addressed Commissioner Firstner's concern on
blanket permits, and shared the City can bring forth an ordinance that regulates landscape
removal. City Attorney Geller informed the City Commission that they can direct staff to
come back with an ordinance that will establish a more robust criteria for tree removal.
Commissioner Kennedy voiced support for a staff agenda item coming before them for
discussion on this topic, and shared he receives numerous calls about trees. Commissioner
Hart also voiced his support on more discussion on this topic to help come up with a
solution.
Motion: Move to direct Citv staff to brina back a Droaosed ordinance amendina tree
permits; and further, place a moratorium on the blanket tree removal permits not
involving large-scale site plans and large-scale subdivision plans. Moved by
Commissioner Firstner. seconded by Commissioner Hart: Motion carried
unanimousl
- Sharon Seiter, Ocoee High School PTSA Legislative Chair, spoke about an upcoming
trip to Tallahassee for the Rally in Tally event, and further requested a bus sponsorship from
the City to assist with costs for students attending. Mayor Johnson shared that each elected
official has discretionary funds they can use for request of this nature and he is providing
$500 to go toward the $1800 that is needed. He further asked if any other Commissioner
would like to also match his contribution. Commissioner Kennedy, Commissioner
Firstner, and Commissioner Hart offered to match the $500 contribution.
-CONSENT AGENDA 0 PM
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1-16 with Item #5 being pulled at the
request of the Developer.
Moved by Commissioner Wilsen, seconded by Commissioner Hart; Motion carried 5-0.
1. Approval of Minutes from the Regular City Commission Meeting held October 17, 2023.
(City Clerk Sibbitt)
2. Approval of New Appointment to the Human Relations Diversity Board (HRDB). (City
Clerk Sibbitt)
3. Approval of Reappointments to the Parks and Recreation Board. (City Clerk Sibbitt)
4. Approval of a Two -Year Warranty Surety and Maintenance, Materials, and
Workmanship Agreement for Ocoee Village Center Offsite. (Development Engineer
Keaton)
5. Approval of Ocoee Village Center Agreement for Transfer of $400,000 for the Fire
Station and Non -substantial Amendment to the PUD. (Development Services Director
Rumer)
This item was pulled at the request of the Developer and will be brought back to
the December 5t" Regular City Commission Meeting.
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Regular City Commission
November 7, 2023
6. Approval of Identity Theft and Fraud Grant. (Deputy Police Chief McKinstry)
7. Approval to Relinquish Police Department Drones to FDLE for Cost Reimbursement.
(Police Chief Plasencia)
8. Approval of Subgrant for FDOT Highway Traffic Safety Funds. (Police Chief
Plasencia)
9. Approval of the Seventh Amendment to the Photo Enforcement Services Agreement.
(Police Chief Plasencia)
10. Approval of Resolution for the Regulation of Roadside Memorials. (Police Chief
Plasencia)
11. Approval of 2023-2024 Budget Equipment and Vehicle Purchases. (Public Works
Director Krug)
12. Approval of 2023-2024 Traffic Signal Capital Improvement Projects with Control
Specialists. (Public Works Director Krug)
13. Authorization for Microsoft Enterprise License Agreement Payment. (Support Services
Director Gaines)
14. Approval to Piggyback Sourcewell Cooperative Purchasing Contract to Replace the
Generator at the Utilities Administration Building. (Utilities Director Croteau)
15. Approval to Replace Mechanical Components in Clarifier 3. (Utilities Director Croteau)
16. Authorization to Use a Contract for Owner's Representative Services (RFP #23-005)
with ZHA Incorporated for Conducting a Review of the Wastewater Operation in
Conjunction with the Existing Lease with Forest Lake Golf Course. (Utilities Director
Croteau)
• FIRST READING OF ORDINANCE - None
• SECOND READING OF ORDINANCE — PUBLIC HEARING 6,41 PM
17. Second Reading of Ordinance for The Backyard Annexation & Rezoning from County
A-1 to City C-2 - AX-07-28-06 & RZ-23-07-06. (Zoning Manager Whitfield)
Zoning Manager Whitfield presented a brief overview of the proposed annexation and
rezoning of the subject property which is located at 2214 West Road, on the south side of
West Road, beginning approximately 50 feet east of Fountains West Boulevard, immediately
east of the Duke Energy facility, and which contains approximately 1.51 acres. The property
is assigned parcel ID number 06-22-28-0000-00-035. She explained that the applicant is
requesting annexation into the City and rezoning from County A-1 (Citrus Rural District) to C-2
(Community Commercial District) to develop an indoor/outdoor restaurant use.
City Attorney Geller read the titles of the ordinances. He recommended to change the title
block wording from "REPEALING INCONSISTENT ORDINANCES" to "PREVAILING IN THE
EVENT OF ANY INCONSISTENCY".
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Regular City Commission
November 7, 2023
Commissioner Kennedy inquired about the traffic study and hours of operation of the
proposed business. Zoning Manager Whitfield addressed his questions.
Motion: Move to adopt Ordinance No. 2023-18, 2214 West Road - The Backyard
Annexation; Project No. AX-07-28-06, subject to the attorney's recommended title block
change and staff's recommendation; Moved by Commissioner Hart, Seconded by
Commissioner Kennedy. Motion carried 5-0.
Motion: Move to adopt Ordinance No. 2023-19, 2214 West Road - The Backyard
Rezoning; Project No. RZ-23-07-06, subject to the attorney's recommended title block
change and staff's recommendations; Moved by Commissioner Kennedy, Seconded by
Commissioner Hart; Motion carried 5-0.
• PUBLIC HEARING ° ...1 PM
"`i`
18. 606 Ocoee Apopka Road - Sports Training Facility Large Scale Preliminary Site Plan -
LS-2023-007. (Development Services Director Rumer)
Development Services Director Rumer presented a brief overview of the subject property
which is zoned 1-1 (Light Industrial) and has a Light Industrial Future Land Use Map
designation. Shared that it is located on the west side of Ocoee Apopka Road, approximately
1,950 feet north of the intersection of Palm Drive and Ocoee Apopka Road. The property
address is 606 Ocoee Apopka Road and consists of approximately 5.185 acres of
undeveloped land. He provided the future land use designations, zoning classifications, and
existing land uses of the surrounding parcels, and explained that the applicant is requesting
approval for a Large -Scale Preliminary Site Plan. Development Services Director Rumer
described the proposed recreational facility size, services to be offered, and access onto the
site.
The public hearing was opened.
The following person(s) addressed the City Commission:
- Chris Adkins, Ocoee Resident, inquired if this project was part of the Montierre
Development, and further voiced his concerns on the road improvements needed on Ocoee
Apopka Road. Development Services Director Rumer addressed his questions related to
the road improvements being completed for the Sports Training Facility.
- Steven Tilden, Ocoee Resident, expressed support of the project and shared that Ocoee
Apopka Road is a County maintained road. He inquired if there is City generated revenue
from this project, and who would be developing the facility. Development Services Director
Rumer addressed his questions.
The public hearing was closed.
Motion: Move for Approval of the proposed Large -Scale Preliminary Site Plan for the
606 Ocoee Apopka Road Sports Training Facility (Project # LS-2023-007) per staff's
recommendation; Moved by Commissioner Wilsen, Seconded by Commissioner Hart.
Motion carried unanimously.
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Regular City Commission
November 7, 2023
Recess 7: 01 PM — 7: 04 PM
• REGULAR AGENDA 05 P' ,
19. Discussion between the City Commission and the City Attorney regarding the
Evaluation of the Qualification of Candidates for Election and the Roles of the City
Commission per the City Charter. (City Manager Frank)
City Manager Frank explained he was asked to bring this item forward to address some of
the questions related to qualification of the office of City Commissioner. The qualifying period
is set to start prior to their next Regular City Commission Meeting and clarification needs to be
provided to the City Clerk. Commissioner Kennedy explained his reasons for bringing this
request forward which resulted from previous discussions and the Charter revisions. He
shared there is not a process which obligates qualifying concerns to come before the City
Commission. City Attorney Geller addressed the issues related to the charter amendments
that will be before the voters in 2024. He further commented on the question related to C-17 of
the Charter and the vacancy of a seat. He opined that section C-17 C., Filling of vacancies.
"... The successor shall serve for the unexpired term of the member who created the vacancy, "
are two separate people; and further, read the definition of successor as defined in Black's
Law Dictionary: "A person who succeeds to the office, rights, responsibilities, or place of
another, one who replaces or follows another". He explained the City Commission's authority
under Section C-10 of the Charter which states that, "The City Commission shall be the judge
of the election and qualifications of its member". City Attorney Geller advised that decisions
made by the City Commission under this section "shall be subject to review by the courts".
Commissioner Kennedy asked questions related to the residency requirement for
candidates, procedures for someone to challenge the qualifications of a candidate, what
powers the City Commission has, and how the City Commission would determine ineligibility
of a candidate. City Attorney Geller addressed his questions. Discussion followed and each
member of the City Commission voiced their thoughts.
The following person(s) addressed the City Commission:
- Vivian Lyte-Johnson, Ocoee Resident, shared her discontent with the U.S. and state
political process, and her disagreement with the City Attorney's interpretation of "successor"
in the Charter and as defined in the legal dictionary. She further expressed how she felt the
voters should determine the successor.
- Steven Tilden, Ocoee Resident, commented about the Interim Commissioner and voiced
concerns on the interpretations that had been made on the Charter before. He shared that as
a voter he would like to be able to select the successor, and cautioned that litigation is a
possibility. City Attorney Geller disclosed that he had not spoken to any member of the City
Commission in making his interpretation. He said his interpretation was solely his own.
- Chris Adkins, Ocoee Resident, expressed that interpretations are not factual and called
attention to the City Manager's residency in the Charter. He shared his support on the voter's
selecting the current City Commission and opined that they were all successors to their own
position. He concluded that this Charter question should have been discussed sooner than
this evening. Mayor Johnson responded to his comment on the Charter, and explained that
citizens will have the opportunity to vote.
Regular City Commission
November 7, 2023
- George Oliver, Ocoee Resident, commented on voter disenfranchisement, and voiced
that interpretations in a court of law would have been handled differently than the process
being discussed. Mayor Johnson commented that the issue this evening is not related to
voter disenfranchisement as all citizens will get the opportunity to vote.
- Brad Lomneck, Ocoee Resident, commented on his attendance at almost every Charter
Review Commission meeting which was open to the public so that residents may voice
concerns. He advised that he brought the question to the City Attorney during a Charter
Review Commission Meeting on whether the former Commissioner George Oliver could
succeed himself in this upcoming election. He asked the question again to the City Attorney.
City Attorney Geller reiterated that his understanding of the language in C-17 of the
Charter, "...The successor shall serve for the unexpired term of the member who created the
vacancy," is referring to two different people. Mr. Lomneck voiced that a process needs to
be put in place, and suggested a process for reviewing all candidates after the upcoming
qualification period.
Commissioner Wilsen disclosed that she has not been influenced by the City Attorney on this
issue as she has not spoken to him outside the public meetings. She further voiced her
support on following the Charter. Commissioner Kennedy also shared his support on
following the Charter, and pointed out that the City was put into this situation due to the
resignation of the former Commissioner.
Motion: Move, under C-17 of the Charter, with direction to the City Clerk that former
District 4 Commissioner George Oliver is not eligible to qualify as a candidate in the
March 2024 election to fill the vacancy he created through his resignation, but will be
eligible to qualify to run in March 2025; Moved by Commissioner Kennedy, Seconded by
Commissioner Wilsen.
Mayor Johnson briefly commented that he did not bring forth the issue, but that based on his
understanding of the Charter, when he resigned to run years ago, his resignation was
irrevocable, and explained that they all took an oath to follow the Charter.
Motion carried 4-1 with Commissioner Hart opposing.
-COMMENTS FROM COMMISSIONERS &01 PM
Commissioner Firstner — Commented on the following:
1) Announced the Veteran's Day Ceremony date and time.
2) Announced the Family Movie Night Event date and time.
Commissioner Hart — Commented on the following:
1) Shared excitement on the work being completed on Clarke Road.
2) Expressed his enjoyment at the Halloween event hosted by the City, and announced they
had a record crowd.
Regular City Commission
November 7, 2023
3) Shared that the Ocoee Day of Remembrance Event was a beautiful event with great
motivating speakers. The descendants were happy to hear about Unity Park which he feels
proves that there is a healing promise in Ocoee.
4) Reminded residents to use proper techniques when frying turkey this Thanksgiving Day.
5) Noted College Football is amongst us and shared his support for his team.
6) Acknowledged his wife and best friend in life and announced they will be married 30 years
on November 27th
7) Reminded residents that if they are making home improvements to please check with the
City first to confirm a permit is not needed.
8) Announced that he will not be running for the District 4 seat this upcoming March 2024
election due to personal reasons but he does plan to run in March 2025. He shared that serving
as District 4 Commissioner has been a great honor, and further expressed his personal beliefs
on being a public servant.
Commissioner Wilsen — Commented on the following:
1) Thanked Commissioner Hart for his inspiring comments.
2) Announced she would also like to contribute discretionary funds to Ocoee High School
toward their Rally in Tally event as she believes advocacy and legislative issues are very
important.
3) Announced the Jolly Jamboree date and time, and highlighted some of the fun activities.
4) Announced that there are openings on City Advisory Boards and encouraged citizens to
consider volunteering.
Commissioner Kennedy — Commented on the following:
1) Shared he attended the November HRDB Meeting and felt it was one of the best HRDB
meetings. He further shared his support on their vision and announced they appointed a new
member this evening to the HRDB who he feels will be a great asset to the board.
2) Announced that he also attended the Ocoee Day of Remembrance event and it was great
event hosted by Highpoint Church. The Ocoee Youth Council was also in attendance serving
food and he wanted to thank them for volunteering their time. He mentioned the scholarship
program to the youth council members and requested City staff to get that program in writing for
them.
3) Announced the Ocoee Police Department Toy Drive event date and time.
Mayor Johnson — Commented on the following:
1) Inquired if there was a date for the Christmas lights to go up. City Manager Frank
addressed his question.
2) Announced there is no Regular City Commission Meeting on November 21St and the next
scheduled meeting is for December 5t". He inquired if there is a scheduled meeting on
December 19th. It was answered in the affirmative. Consensus of the City Commission was
to cancel the December 19t" Regular City Commission Meeting.
3) Thanked City Clerk Sibbitt for attending the Ocoee Day of Remembrance Event and serving
food at that event, and Commissioner Hart for being part of the event program.
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Regular City Commission
November 7, 2023
4) He briefly commented on the City Manager's residency which was waived by the City
Commission when he was hired almost 20 years ago.
5) He further commented that sidewalk repairs will begin again soon.
6) Wished everyone a Happy Thanksgiving.
-ADJOURNMENT =�.�1 M
APPROVED:
Attest:
City of Ocoee
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
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