HomeMy WebLinkAboutItem 01 Approval of Minutes from the Regular City Commission Meeting held March 5, 2024
OCOEE CITY COMMISSION
Ocoee Commission Chambers
1 N. Bluford Avenue
Ocoee, Florida
March 5, 2024 MINUTES 6:15 PM
REGULAR CITY COMMISSION MEETING
• CALL TO ORDER 6:17 PM
Mayor Johnson called the regular session to order at 6:17 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 Mayor Johnson. 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 6:18 PM
2024 National MS Awareness Week - March 10th - 16th – read and proclaimed by Mayor
Johnson, and accepted by Therese “Tess” O’ Hara, Vice-Chair to the Orlando Community
Council for the National MS Society.
Black History Month Essay Contest Winners - Community Relations Manager Wright
recognized the first-place winners and the overall winner from the participating schools, and the
overall winner read their essay.
The City Commission thanked the essay writers and City staff for this contest.
• STAFF REPORTS AND AGENDA REVIEW 6:31 PM
Mayor Johnson stepped down from the dais and addressed the audience from the public
podium to acknowledge and express gratitude for Commissioner Hart serving as Interim
Commissioner for District 4.
Commissioner Hart expressed his gratitude for being chosen to serve and shared his
appreciation to the residents. He thanked the Mayor for his kindness and recognized his
achievements; and further, expressed the importance of working as a team.
• PUBLIC COMMENTS 6:38 PM
The following persons addressed the City Commission:
- Jim Moyer, Ocoee Resident, extended congratulations to the winners of the Black History
Essay competition and commended the city for the opening of Lakewood Avenue. Additionally,
he expressed gratitude towards Commissioner Hart for his achievements as the District 4
Commissioner and thanked the City Clerk for mentoring one of the Youth Council Members.
He concluded by announcing the commencement of Women’s History Month and Irish
Heritage Month.
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- Norine Dworkin, Chief Editor for VoxPopuli, announced that their election guide is out and
available for everyone to view. Also, Thursday evening from 5:00 PM until 9:00 PM she will be
at the Ocoee Community Market, at the Ocoee Lakeshore Center, to answer any questions.
- Brad Lomneck, Ocoee Resident, informed the City Commission about the recent passing
of respected Ocoee resident Tom Lowrie and provided some details about his life. He
requested the City Commission's consideration for placing a plaque in memory of Mr. Lowrie
on a bench situated in front of the Maguire House and suggested naming the Veteran’s Garden
as the ‘Tom Lowrie Armed Forces Memorial Garden.’ Consensus of the City Commission
was to have staff investigate this request to determine if feasible.
- Zaneta Arthoro, Ocoee High School Student, announced her participation in the Ace
Program at Ocoee High School and appealed to the City of Ocoee to sponsor three charter
buses for their upcoming field trip to SeaWorld in April. The group is seeking a donation of
$2,400. Commissioner Wilsen encouraged her to individually approach each commissioner
with her request as they each have discretionary funds they can utilize for these types of
requests.
• CONSENT AGENDA 6:50 PM
Consent Agenda Motion
Commissioner Kennedy, seconded by Commissioner Hart moved to pull Item #2 for
discussion and separate consideration.
Motion: Move to adopt the Consent Agenda Item #1-7 with Item #2 being pulled for
discussion and separate consideration; Moved by Commissioner Wilsen, seconded by
Commissioner Hart; Motion carried 5-0
1. Approval of Minutes from the Regular City Commission Meeting held February 20, 2024.
(City Clerk Sibbitt)
2. Approval of Reappointments and One (1) New Appointment to the Citizen Advisory
Council for Ocoee Police Department (CACOPD). (City Clerk Sibbitt)
Commissioner Kennedy explained his reasoning for pulling this item and briefly emphasized
a specific requirement outlined in the bylaws that some members have not fulfilled. Additionally,
he offered his recommendation for the appointments. Brief discussion followed regarding the
current membership's districts. Commissioner Firstner was asked to seek a District 3 resident
as his district is not being represented on the Board.
Motion: Move to reappoint Gregory Meeks with a term ending January 2027, appoint Brad
Lomneck to complete a term ending January 2026, and not reappoint Patrick Holt. Moved
by Commissioner Kennedy, seconded by Commissioner Wilsen; Motion carried 5-0
3. Approval of Employment Agreement with Craig Shadrix. (City Clerk Sibbitt)
4. Approval to Submit Application to the Firefighter Assistance Grant for the Purchase of
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Firefighter Emergency Bailout Systems. (Deputy Fire Chief Van Camp)
5. Approval of Interim Agreement with Fortress Secured to proceed with the Ocoee
Regional Law Enforcement Training Center. (Assistant Police Chief McKinstry)
6. Approval for the Proposed Development of a Master Plan for Lake Apopka Nature Park.
(Development Services Director Rumer)
7. Approval of Payment for the 2024 Ocoee Music Festival Entertainment. (Parks and
Recreation Director Johnson)
• FIRST READING OF ORDINANCE 6:55 PM
8. First Reading of Ordinance for 474 S. Bluford Avenue Townhomes - Small-Scale
Comprehensive Plan Future Land Use Map Amendment from Low-Density Residential
(LDR) to Medium Density Residential (MDR) & Rezoning from R-1AA to PUD; Project
No(s). CPA-2022-005 & RZ-22-12-45. (Zoning Manager Whitfield)
City Attorney Geller read the titles of the ordinances, and it was announced this will be
presented as a second reading and public hearing at the next scheduled City Commission
meeting on April 2, 2024, at 6:15 PM or soon thereafter.
9. First Reading of Ordinance for Gardenia Pointe Rezoning from Unclassified District and
R-1A (Single-Family Dwelling) to PUD (Planned Unit Development District; Project
No.RZ-23-02-02. (Zoning Manager Whitfield)
City Attorney Geller read the title of the ordinance, and it was announced this will be
presented as a second reading and public hearing at the next scheduled City Commission
meeting on April 2, 2024, at 6:15 PM or soon thereafter.
10. First Reading of Ordinance Implementing Live Local Act. (Zoning Manager Whitfield)
City Attorney Geller read the title of the ordinance, and it was announced this will be
presented as a second reading and public hearing at the next scheduled City Commission
meeting on April 2, 2024, at 6:15 PM or soon thereafter.
• SECOND READING OF ORDINANCE – PUBLIC HEARING 7:00 PM
11. Second Reading of Ordinance on City Commission Initiated Charter Amendments to
Sections C-9, C-10, and C-17. (City Attorney Geller)
City Attorney Geller read the title of the ordinance.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Commissioner Wilsen shared that during the First Reading it was agreed to present this
matter as a Public Hearing to permit citizens to speak, rather than reconvening the previous
Charter Review Commission. Mayor Johnson asked for this to be placed on the website and
Ocoee TV. Commissioner Wilsen questioned if this would be on the November 5, 2024, ballot.
Mayor Johnson answered in the affirmative.
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Motion: Move to adopt Ordinance No. 2024-05, City Commission Initiated Charter
Amendments to Sections C-9, C-10, and C-17 to be placed on the ballot; Moved by
Commissioner Kennedy, Seconded by Commissioner Hart; Motion carried
unanimously.
12. Second Reading of Ordinance for FY 2024 Budget Amendment. (Finance Director
Roberts)
Finance Director Roberts summarized the proposed FY 2024 Budget Amendment and
detailed the increase in employer contributions they deemed necessary across all operating
funds to fund the Health Insurance Fund. She further explained the issuance of a $10 million
note to partially fund the construction of the new Police Regional Training
Facility. Consequently, the Finance Department is presenting the anticipated receipt of the
note funds for Commission consideration. The $10 million will be recorded as revenue in the
General Fund and, after deducting any issuance costs, and transferred to the Capital Projects
fund.
Item # 19 was moved up and heard out of Agenda order to be voted on prior to adoption of the
Ordinance for FY 2024 Budget Amendment.
Finance Director Roberts presented an overview of the proposed Capital Improvement
Revenue Note, Series 2024 for $10 million, which will be used to fund a Police/Public Safety
Training Facility. The cost of the facility is projected to be $12.8 million, and $2 million in grant
funding has been received to contribute to the facility.
City Attorney Geller read the title of the resolution.
The public hearing was opened.
The following person(s) addressed the City Commission:
- Kellie Beck, Ocoee Resident, inquired on the number of safety complex already located
in the City limits. Mayor Johnson addressed her question.
The public hearing was closed.
Motion: Move to adopt Resolution No. 2024-05 approving the issuance of the City of
Ocoee Capital Improvement Revenue Note, Series 2024; moved by Commissioner Wilsen,
seconded by Commissioner Firstner; Motion carried unanimously.
City Attorney Geller read the title of the ordinance.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Motion: Move to adopt Ordinance No. 2024-06, Amending the FY 2024 Budget; moved by
Commissioner Firstner, seconded by Commissioner Hart; Motion carried unanimously.
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13. Second Reading of Ordinance Updating the City's Code of Ordinances Chapter 45, Arbor
Code. (Development Services Director Rumer)
City Attorney Geller read the title of the ordinance.
The public hearing was opened.
The following person(s) addressed the City Commission:
- Vinny Singh, Ocoee Resident, shared a picture of trees that were trimmed on Ingram
Road, and his discontent with the work that was completed. Discussion ensued as to which
agency trimmed the trees since the trees are near the power lines.
- Kelli Beck, Ocoee Resident, commented in opposition of the new ordinance as it requires
City Commission approval to remove a tree which she felt was excessive, and urged the City
Commission to send this item back to the Planning Department for further review.
Development Services Director Rumer suggested tabling this item after considering the public
comments received and concerns expressed by a Commissioner regarding tree pruning.
Motion: Move to table Item #13 - Ordinance Updating the City’s Code of Ordinances
Chapter 45, Arbor Code, until such time that a reasonable ordinance can be presented;
moved by Commissioner Kennedy, seconded by Commissioner Hart; Motion carried
unanimously.
14. Second Reading of Ordinance Amending the City of Ocoee Police Officer’s and
Firefighters’ Retirement Trust Fund Section 27 – Deferred Retirement Option Plan.
(Pension Board Attorney Herrera)
City Attorney Geller read the title of the ordinance, and ensured that this ordinance
supersedes all ordinances in conflict.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Motion: Move to adopt Ordinance No. 2024-07 Amending the City of Ocoee Police
Officer’s and Firefighters’ Retirement Trust Fund Section 27 – Deferred Retirement Option
Plan with the correction to the title block to indicate ‘superseding’ not ‘repealing’
ordinances in conflict; moved by Commissioner Firstner, seconded by Commissioner
Hart; Motion carried unanimously.
15. Second Reading of Ordinances for 440 Ocoee Apopka Road - Parrinello Property
Annexation & Rezoning from County A-2 (Farmland Rural District) to City C-3 (General
Commercial District); Project No(s). AX-10-23-07 & RZ-23-10-10. (Zoning Manager
Whitfield)
City Attorney Geller read the titles of the ordinances.
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Zoning Manager Whitfield presented a brief overview of the subject property. The property is
located on the west side of Ocoee Apopka Road, beginning approximately 1,800 feet north of
Palm Drive at the intersection of Ocoee Apopka Road. The applicant is requesting an
annexation and rezoning from County A-2 (Farmland Rural District) to City of Ocoee C-3
(General Commercial District) and is not proposing a specific use at this time. The property is
logical and eligible for annexation, and its proposed rezoning is consistent with the Future Land
Use Map.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Annexation Ordinance:
Motion: Move to adopt Ordinance No. 2024-03, Parrinello Property - 440 Ocoee Apopka
Road Annexation, AX-10-23-07, subject to staff’s recommendation; Moved by
Commissioner Firstner, Seconded by Commissioner Kennedy; Motion carried
unanimously.
Rezoning Ordinance:
Motion: Move to adopt Ordinance No. 2024-04, Parrinello Property Rezoning from
Orange County A-2 (Farmland Rural District) to City C-3 (General Commercial District)
for 440 Ocoee Apopka Road, assigned parcel ID number 18-22-28-0000-00-002 (RZ-23-
10-10), subject to staff’s recommendation; Moved by Commissioner Firstner, Seconded
by Commissioner Kennedy; Motion carried unanimously.
16. Second Reading of Ordinance for Mansour Property Rezoning from R-1 (Single Family
Dwelling District) to C-2 (Community Commercial District); Project No. RZ-23-12-11.
(Zoning Manager Whitfield)
Zoning Manager Whitfield presented a brief overview of the subject property. The property is
located on the south side of West Silver Star Road, beginning approximately 181 feet east of
the intersection of Ocoee Apopka Road and West Silver Star Road. The applicant is
requesting a rezoning from R-1 (Single Family Dwelling District) to C-2 (Community
Commercial District) and is not proposing a specific use at this time. She explained that the
applicant wishes to rezone the property so that its zoning is compliant and consistent with its
future land use designation.
City Attorney Geller read the title of the ordinance.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Motion: Move to adopt Ordinance No. 2024-08, Mansour Property Rezoning from R-1
(Single Family Dwelling District) to C-2 (Community Commercial District) for the
Mansour Property, assigned parcel ID number 18-22-28-3116-02-140 (RZ-23-12-11),
subject to staff’s recommendation; Moved by Commissioner Firstner, Seconded by
Commissioner Hart; Motion carried unanimously.
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17. Second Reading of Ordinance for W. Delaware Street - West Property Small-Scale
Comprehensive Plan Amendment from Public Facilities/Institutional to Low-Density
Residential; Project No. CPA-2024-001. (Zoning Manager Whitfield)
Zoning Manager Whitfield presented a brief overview of the subject property. The property
is located on the north side of West Delaware Street, beginning approximately 360 feet west
of the West Delaware Street and South Bluford Avenue intersection. She explained that the
existing R-1AA zoning conflicts with the Public Facilities/Institutional future land use
designation. Amending the Comprehensive Plan from the existing designation to Low Density
Residential is consistent with surrounding properties and will allow the applicant to split the
property into three (3) lots to build single-family, detached homes.
City Attorney Geller read the title of the ordinance.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Motion: Move to adopt Ordinance No. 2024-09, W. Delaware Street – West Property
Small-Scale Comprehensive Plan Amendment from Institutional to Low Density
Residential, (CPA-2024-001), subject to staff’s recommendation; Moved by
Commissioner Wilsen, Seconded by Commissioner Hart; Motion carried unanimously.
18. Second Reading of Ordinance for Annual Comprehensive Plan Text Amendment to Adopt
Five-Year Schedule of Capital Improvements and Update the Capital Improvement
Element (CIE); Project No. CPA-2023-003. (Zoning Manager Whitfield)
Zoning Manager Whitfield presented a brief overview of the Comprehensive Plan and the
associated Capital Improvements Element (CIE). She further explained that the CIE is required
to be a part of the Comprehensive Plan by Florida Statutes, and that the proposed five-year
capital improvements program was approved by City Commission as part of the Fiscal Year
2023-2024 budget.
City Attorney Geller read the title of the ordinance.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Motion: Move to adopt Ordinance No. 2024-10, Annual Comprehensive Plan Text
Amendment to Adopt Five-Year Schedule of Capital Improvements and Update the Capital
Improvement Element (CIE) (CPA-2023-003); Moved by Commissioner Hart, Seconded by
Commissioner Wilsen; Motion carried unanimously.
• PUBLIC HEARING
19. Approval of Resolution for the City of Ocoee Capital Improvement Revenue Note, Series
2024. (Finance Director Roberts)
This item was heard out of Agenda Order, before Item #12.
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20. Approval of 125 S. Lakeshore Drive - Barenburg Property Variance Request: Project No.
VR-24-01 (Zoning Manager Whitfield)
Zoning Manager Whitfield presented a brief overview of the subject property and the proposed
variance. She described R-1AAA zoning provisions, which include the most restrictive setback
requirements, and demonstrated that the property is unique in that it has three frontages. She
explained that a previous variance was approved enabling the applicant to construct a garage
on the property. She further explained how the applicant meets the four criteria required for
variance approval, and illustrated the proposed improvements with renderings the applicant
provided. She advised additional letters of opposition and support have been received by
surrounding neighbors and have been placed on the dais before the City Commission.
The public hearing was opened.
The following person(s) addressed the City Commission:
Katherine Kitchens, 135 Lafayette Street, shared concerns about the variance on behalf of
herself and her neighbor, citing this variance would cause obstruction of their lake view when
the fence is installed.
The public hearing was closed.
Commissioner Kennedy inquired if a fence requires a variance and Zoning Manager
Whitfield confirmed it does not. Commissioner Kennedy asked if there is a limit on the height
of the hedge/trees that extend above the fence, and Zoning Manager Whitfield said not by the
City’s code.
Commissioner Wilsen commented that this resident is not being offered any special privileges,
so she does not oppose this variance. She does understand the resident’s concerns about their
view, but she also supports giving this resident a privilege that everyone else has.
Commissioner Hart concurred with Commissioner Wilen’s comments.
Motion: Move for approval of the 125 S. Lakeshore Drive - Barenburg Property Variance
Request, based on factual interpretation of code requirements (Section 4-9), as presented
by staff, and public testimony related; Moved by Commissioner Wilsen, Seconded by
Commissioner Hart; Motion carried unanimously.
21. Approval of Ocoee Oaks Joint Venture Large-Scale Preliminary Subdivision Plan: Project
No. LS-2023-004. (Zoning Manager Whitfield)
Zoning Manager Whitfield presented a brief overview of the subject property. The property is
located on the northeast corner of the South Clarke Road and White Road intersection. She
explained that the property was rezoned in October 2023, and further discussed the planned
infrastructure, landscaping, and right-in-right-out entrances along White Road and Clarke Road.
Eighteen single-family detached homes are proposed; engineering still needs to be approved.
Drainage requirements for the development of this subdivision will be provided in the existing
stormwater pond on the remainder of the church property via a drainage shared-use agreement.
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The public hearing was opened.
The following person(s) addressed the City Commission:
- Doug Gomber, 405 Misty Meadow Drive, spoke in support of the project and commended
staff, the developer, the church, and elected officials for working together to resolve previous
issues and surrounding property owners’ concerns.
The public hearing was closed.
Commissioner Wilsen commented that she appreciates the efforts by everyone on this project
and how they all worked well together, to bring it to this point.
Motion: Move for approval of the Ocoee Oaks Joint Venture Large-Scale Preliminary
Subdivision Plan, assigned parcel ID number 21-22-28-0000-00-027 (LS-2023-004); Moved
by Commissioner Wilsen, Seconded by Commissioner Kennedy; motion carried
unanimously.
22. Approval of Cambria Suites at Ocoee Large-Scale Preliminary Site Plan; Project No. LS-
2023-010. (Zoning Manager Whitfield)
Zoning Manager Whitfield presented a brief overview of the subject property and the CRA
Target Area 2, Sub Area 1 overlay, which applies to the property. The property is located on
the southwest corner of the Maine Street and South Bluford Avenue intersection. She
delineated the proposed 6-story hotel site plan, which matches the vision for Target Area 2,
and the amenities, which include a 1,500-square-foot restaurant. She explained that staff will
be working with the developer and engineer as the roundabout planned for the intersection of
Maine Street and Bluford Avenue progresses, to ensure that turning movements will be safe
and traffic circulation is maintained. She further detailed staff conditions for approval and
waivers.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Motion: Move for approval of the proposed Large-Scale Preliminary Site Plan for
Cambria Suites at Ocoee (Project # LS-2023-010), subject to staff’s recommendations
and requested waivers; Moved by Commissioner Firstner, Seconded by Commissioner
Hart; Motion carried unanimously.
• REGULAR AGENDA - None
• COMMENTS FROM COMMISSIONERS 8:09 PM
Commissioner Hart – Commented on the following:
1) Encouraged citizens to work with the City on proposed projects and pull the proper permits
prior to starting projects.
2) Shared his contentment with the HRDB and their Diversity Initiative.
3) Commented on empowering and appreciating women, and encouraged everyone to do so.
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4) Thanked Executive Assistant, Sherry Seaver, for all her help while he was in office.
Furthermore, he thanked the City Commission and the Mayor for their support.
5) Shared he will be praying for the success of the next elected District 4 Commissioner, and
hopes he conducted himself in a professional manner during his time as Commissioner. He
further apologized if he has ever offended anyone in any kind of way.
Commissioner Firstner – Commented on the following:
1) Announced the Neighborhood Matching Grant is still open with an application deadline of
March 15, 2024.
2) Announced the Candidate Political Forum date and time. He further reminded everyone
that the election is March 19th.
3) Announced Best Fest Event date and time.
4) Recognized Commissioner Hart and shared he will be missed as he is a true gentleman
and a role model to all.
Commissioner Wilsen – Commented on the following:
1) Commented that Commissioner Hart has been a joy to work with, while he created a very
cohesive environment for the City Commission.
2) Commented on the school zone cameras stating that the State allows you to go 30 mph in
a school zone, through photo enforcement, but she believes our children deserve 20 mph. She
hopes that when the item comes back, the City Commission remembers that 30 mph is 10 mph
over what is posted.
3) Commented on the golf cart request and shared that she is not in support of Orlando
Avenue being 25 mph, and voiced that putting a golf cart on Orlando Avenue is unsafe. She
requested to ask Sleepy Harbour HOA if they would like to be a golf cart community, within their
interior streets. Brief discussion ensued, and it was requested for the golf cart ordinance to be
placed on a future agenda.
4) Announced the Community Marketplace Event date and time.
5) Announced the Spring into Conservation Event date and time.
Commissioner Kennedy – Commented on the following:
1) Thanked the HOA’s that spoke on the arbor ordinance. He commented on the issues they
have had with ordinances when there are communities with different sets of rules. He shared that
just as he has asked for the arbor ordinance to be reviewed, he would also like a comprehensive
review of the golf cart ordinance to comply with state statutes.
2) Commented on the loss of Tom Lowrie.
3) Provided kind sentiments about Commissioner Hart and his family.
4) Asked for an update at the next meeting on traffic and enforcement in District 1, now that
Lakewood Avenue is open.
5) Requested an update on the Utility permit for Forest Lake Golf Course. Assistant City
Manager Shadrix provided an update on his meeting with the consultant.
Mayor Johnson inquired about his stance regarding their requests, and Assistant City
Manager Shadrix offered his viewpoint. Commissioner Kennedy disagreed with the opinion
expressed, and recommended an item be placed on the agenda. Consensus of the City
Commission was to have the engineer come and make a presentation, at the next meeting.
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Mayor Johnson – Commented on the following:
1) Announced that the employment agreement was approved tonight for Assistant City
Manager Shadrix; and inquired, when would it go into effect. City Manager Frank stated that as
soon as Human Resources tells the City Commission that the position is vacant, the contract will
become effective immediately, at that point.
2) Provided kind words of sentiments about Commissioner Hart and his family.
3) Announced that the City Manager reviewed a Charter Amendment guide that was drafted
by a resident, who was a former Charter Review Commission member. He shared copies of the
guide will be provided at the Political Forum and in City Hall, and encouraged everyone to read
it, and get a clear understanding of the Charter Amendments. He disclosed that the guide is not
intended to tell a resident how to vote. Commissioner Kennedy shared that Norine Dworkin
also has an informative Charter Amendment guide that he has shared with residents.
• ADJOURNMENT 8:38 PM
APPROVED:
Attest: City of Ocoee
______________________________ ___________________________
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor