HomeMy WebLinkAboutItem 01 Approval of Minutes
OCOEE CITY COMMISSION
Ocoee Commission Chambers
1 N. Bluford Avenue
Ocoee, Florida
October 15, 2024 MINUTES 6:15 PM
REGULAR CITY COMMISSION MEETING
• CALL TO ORDER 6:15 PM
Mayor Johnson called the regular session to order at 6:15 PM in the Commission Chambers of
City Hall. The invocation was led by Ages Hart, Ocoee Resident, followed by the Pledge of
Allegiance to the Flag led by Brad Lomneck, Ocoee Resident. City Clerk Sibbitt called the roll
and declared a quorum present.
Present: Mayor Johnson, Commissioner Kennedy, Commissioner Firstner, Commissioner Oliver
Absent: Commissioner Wilsen
Also Present: City Manager Shadrix, City Attorney Geller, City Clerk Sibbitt
• PRESENTATIONS AND PROCLAMATIONS 6:17 PM
Presentation on City Wide Golf Carts. (Assistant City Manager Rumer and Police Chief
Ogburn)
Assistant City Manager Rumer and Police Chief Ogburn gave a PowerPoint presentation
focusing on golf carts and low-speed vehicles, explaining the statutory and signage requirements
for both. A map was shown that highlighted the current golf cart communities and proposed City-
wide streets that could meet the criteria, pending City Commission approval. Assistant City
Manager Rumer then briefed the Commission on the roads where golf carts would be prohibited
and outlined the potential costs if signage were installed by City staff.
Discussion ensued and City staff addressed comments from the City Commission on restrictions,
penalties, and liability.
Motion: Move to recommend that City staff begin drafting a City-Wide Golf Cart
Ordinance; Moved by Commissioner Firstner, seconded by Commissioner Kennedy;
Motion carried 3-1 with Commissioner Oliver opposing and Commissioner Wilsen absent.
• STAFF REPORTS AND AGENDA REVIEW 6:32 PM
City Manager Shadrix announced that the Fire Station on Bluford Avenue has a roof leak and
information regarding an emergency repair is forthcoming.
• PUBLIC COMMENTS 6:32 PM
The following persons addressed the City Commission:
- Jane Rainer, Ocoee Resident, reported that her home has suffered significant damage from
both Hurricane Irma and Hurricane Milton, caused by flooding from the railroad tracks behind
her property on A.D. Mims Road. She asked about who is responsible for maintaining the tracks.
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Public Works Director Krug responded to her questions and concerns, providing details on the
City's efforts to research a solution.
- Jim Moyer, Ocoee Resident, gave a special acknowledgment to Navy Veterans,
Commissioners Firstner and Oliver, as the United States Navy celebrated its 249th Anniversary
on Sunday. He also recognized Ocoee resident and former Commissioner, Ages Hart, in honor
of American Pharmacists Month. Additionally, he announced Columbus Day and highlighted the
upcoming Heritage Month celebrations.
Mayor Johnson announced the City-sponsored events, for the month of October.
• CONSENT AGENDA 6:41 PM
Consent Agenda Motion
Commissioner Oliver moved to pull Item #2 for discussion and separate consideration.
Motion died for lack of second.
Motion: Move to adopt the Consent Agenda Items #1-10; Moved by Commissioner
Kennedy, seconded by Commissioner Firstner; Motion carried 3-1 with Commissioner
Oliver opposing and Commissioner Wilsen absent.
1. Approval of Minutes from the Regular City Commission Meeting held October 1, 2024.
(City Clerk Sibbitt)
2. Approval of Resolution Rescheduling the City's Referendum on Proposed Amendments to
the Charter to Coincide with the Regular Municipal Election Day. (City Attorney Geller)
3. Approval for Transfer of Assets Due to the Reorganization of the Support Services
Department. (Chief Accountant Meruena)
4. Approval of Utility Easement Agreement with DKC Ocoee Village Center SE, LLC for 7-
Eleven (Southeast Commercial at Ocoee Village Center). (Development Engineer
Keaton)
5. Approval of Ratification of the Florida Police Benevolent Association Agreements with the
City Regarding Article 16: Wages and Appendix B. (Human Resources/Risk
Management Director Wilson)
6. Approval of School Resource Officer Agreement with Orange County Public Schools for
2024/2025 School Year. (Police Chief Ogburn)
7. Approval of Master Services Agreement with Panasonic Corporation of North America.
(Police Chief Ogburn)
8. Approval of FY 2024-2025 Budget Vehicle and Equipment Purchases. (Assistant Public
Works Director Gajadhar)
9. Approval to Surplus and Replace Air Conditioning System (HVAC) for Jim Beech
Recreation Center. (Assistant Public Works Director Gajadhar)
10. Approval to Rebuild Bar Screen #1 at the City of Ocoee Wastewater Treatment Plant
(WW TP). (Acting Utilities Director Bolling)
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• FIRST READING OF ORDINANCE
• SECOND READING OF ORDINANCE – PUBLIC HEARING 6:43 PM
11. Second Reading of Ordinance Amending Section 5-3 of the Code of Ordinances for
Qualification of Candidates. (City Clerk Sibbitt)
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 Oliver expressed his agreement with the proposed changes to Section 5-3 but
noted several Supreme Court cases he had researched, which addressed residency
requirements and challenged their validity.
City Attorney Geller addressed the City Commission, requesting that for any future legal
concerns regarding issues coming before them, they provide him with the relevant cases causing
their concerns ahead of the meeting, allowing him time to review them.
Commissioner Firstner acknowledged the validity of Commissioner Oliver's concerns and
asked whether the City Attorney agreed that more time would be beneficial to review those
issues. Brief discussion ensued.
Commissioner Kennedy commented that the residency requirements were approved by the
citizens as presented on the ballot by the Charter Review Commission. He also noted that
comparisons were made with other cities and expressed confidence in the current proposal.
Commissioner Kennedy explained that City Commission rules require questions for staff to be
raised when the agenda packet is distributed and expressed concern that not following this
practice violates the established guidelines for conducting Commission business. He further
voiced he is prepared to proceed with what has been presented.
Motion: Move to approve Ordinance No. 2024-32, Amending Section 5-3 of the Code of
Ordinances for Qualification of Candidates; moved by Commissioner Kennedy, seconded
by Commissioner Firstner; Motion carried 3-1 with Commissioner Oliver opposing and
Commissioner Wilsen absent.
12. Second Reading of Ordinance Amending Section 11-1 of the Code of Ordinances for
Regular City Commission Meetings. (City Clerk Sibbitt)
City Attorney Geller read the title of the ordinance.
The public hearing was opened.
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The following person(s) addressed the City Commission:
- Chris Adkins, Ocoee Resident, commented on Item #11, noting that he was unaware the
public hearing had been opened for that item. He agreed with Commissioner Kennedy's remarks
for that item, and also expressed that the Charter Review Commission should have conducted
further research on the validity of the residency requirements.
The public hearing was closed.
Commissioner Kennedy noted that the Charter Review Commission met multiple times with the
City Attorney, who is certified in government law, and he believes a thorough due diligence
process was followed. He added that concerns about the residency requirement were not raised
during that time, and any challenges to decisions made by the Charter Review Commission can
be addressed if they arise. He also thanked Mr. Adkins for his comment.
City Attorney Geller reread the title of the ordinance, as requested by the Mayor.
Motion: Move to approve Ordinance No. 2024-33, Amending Section 11-1 of the Code of
Ordinances for Regular City Commission Meetings; moved by Commissioner Kennedy,
seconded by Commissioner Firstner;
Commissioner Oliver voiced concerns about the wording in the ordinance that grants the City
Commission the ability to exercise any power for municipal purposes, except as prohibited by
law. City Attorney Geller responded, explaining that this is a common phrase used in many
ordinances and carries no harmful intent.
Following discussion; Motion carried 3-1 with Commissioner Oliver opposing and
Commissioner Wilsen absent.
• PUBLIC HEARING 7:05 PM
13. Approval of Land Agreement to Sell City-Owned Property. (Assistant City Manager
Rumer)
Assistant City Manager Rumer provided a summary of the proposed Land Agreement for the
sale of City-owned property, which was also presented to the City Commission on July 16, 2024.
He noted that the Commission unanimously voted to authorize staff to proceed with drafting a
contract for approval. Assistant City Manager Rumer explained the details of the land
agreement process and the necessary right-of-way improvements. He also submitted the
appraisal report, boundary survey, and the legal advertisement affidavit from West Orange Times
to the City Clerk for public record.
The public hearing was opened.
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The following person(s) addressed the City Commission:
- Stephen Tilton, Ocoee Resident, thanked staff for summarizing the details of the land
agreement process and asked why the property was not advertised through a competitive bid
process. City Manager Shadrix addressed his question, explaining that the City has a history of
using both RFPs for property sales and considering unsolicited offers. In this instance, an
unsolicited offer was deemed significant enough to present to the Commission. Mr. Tilton
commented on the recent charter amendment to allow the exchange of property, but noted the
City has the power to proceed regardless, even though the voters expressed their opposition.
City Manager Shadrix responded to his concern, explaining that the exchange had been
reviewed by legal counsel before it was presented to the City Commission. City Attorney Geller
clarified that the Charter also addresses the alienation of properties, which encompasses the
transfer of property.
- Chris Adkins, Ocoee Resident, expressed concerns about eminent domain, which he noted
he had previously expressed during discussions on the Downtown Masterplan many years ago.
He also commented on the charter amendment regarding the exchange of land that voters had
opposed and urged the City Commission to honor those obligations.
The public hearing was closed.
Mayor Johnson addressed the misinformation circulating on social media and encouraged
citizens to engage with City staff to discuss City matters. Discussion ensued.
Motion: Move to approve the Land Agreement to sell City-owned property located at 1
Taylor Street, subject to staff’s recommendation; moved by Commissioner Firstner,
seconded by Commissioner Kennedy;
Commissioner Kennedy addressed the misinformation on social media.
Commissioner Oliver asked if an appraisal was done on the properties related to the sale
agreement. Assistant City Manager Rumer addressed his question. Commissioner Oliver
further stated that there are instances when citizens may be incorrect, but they still have the right
to express their concerns. He urged anyone sharing information to ensure that it is accurate and
factual.
Mayor Johnson addressed the social media concerns related to his campaign contributions.
Motion carried 4-0 with Commissioner Wilsen absent.
• REGULAR AGENDA - None
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• COMMENTS FROM COMMISSIONERS 7:30 PM
Commissioner Oliver – Commented on the following:
1) Discussed the Intersection of Clarke Road and Clarcona Ocoee Rd and correspondence
being sent to the County regarding the left turn signal. City Manager Shadrix stated that he
has the letter, but it has not yet been sent out; however, it will go out with ‘copy to’ the
Commission.
2) Referenced Florida Statute 553 regarding the city waiving building permit fees as it pertains
to storm damage. He requested that fees be waived to allow residents to recover from the recent
hurricane.
Motion: Move to approve under F.S. 553.7922 for the City to waive building permit fees
for a period of 90 days to alleviate the burden on residents needing to make storm
damage repairs; moved by Commissioner Oliver, seconded by Commissioner Kennedy;
Motion carried 4-0 with Commissioner Wilsen absent.
City Manager Shadrix updated the City Commission on the hurricane debris removal and
asked the community for their patience.
Commissioner Firstner – Commented on the following:
1) Thanked City staff for all their hard work leading up to and cleanup after Hurricane Milton,
and acknowledged the City’s Emergency Management System.
Commissioner Kennedy – Commented on the following:
1) Echoed Commissioner Firstner’s comments about staff and stated that he has already seen
significant changes and vast improvements in day to day processes, procedures, and outcomes
within the City since City Manager Shadrix began his administration.
2) Requested the City Attorney to read the policy requiring City Commissioners to review the
agenda and ask any related questions prior to attending the meeting. City Attorney Geller read
Section 3.6.2 of the policy.
3) Requested that the City Attorney read the policy regarding Commissioners using the City
Chambers for unofficial or campaign activities. City Attorney Geller confirmed that there is a
provision prohibiting the chambers from being used for political or campaign purposes.
Commissioner Kennedy added that while disagreements among Commissioners are
acceptable, slandering one another is not and should never be done.
City Attorney Geller gave further details on the residency requirement of candidate qualification
for elections, quoting previous case law.
Mayor Johnson – Commented on the following:
1) Suggested that the City explore the possibility of implementing underground powerlines for
future developments. City Manager Shadrix assured that options for underground powerlines
will be incorporated into the amended Land Development Code.
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2) Addressed comments on social media about power restoration following the storm and
urged everyone to be more mindful of what is posted online.
• ADJOURNMENT 7:56 PM
APPROVED:
Attest: City of Ocoee
______________________________ ___________________________
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor