Item 01 Approval of the Minutes for the Special Session Meeting held on October 20, 2020, and Regular City Commission Meeting held November 3, 2020 MINUTES
SPECIAL SESSION COMMISSION MEETING
OCTOBER=20,2020
CALL TO ORDER
Mayor Johnson called the special session to order at 5:00 PM in the Commission Chambers of
City Hall; and further, asked City Attorney Cookson to provide instructions concerning this
meeting.
City Attorney Cookson explained the City has an interest in a continuing litigation matter that
will be discussed this evening. The litigation matter is:
STATE OF FLORIDA PUBLIC EMPLOYEES RELATION
COMMISSION, CASE NUMBER CA-2020-003, LOCAL NUMBER 3623,
OCOEE PROFESSIONAL FIREFIGHTERS V. CITY OF OCOEE
Those attending the closed session were Mayor Johnson, Commissioner Brinson,
Commissioner Wilsen, Commissioner Firstner, Commissioner Oliver, City Manager Rob
Frank, City Attorney Scott Cookson and their court reporter. City Attorney Cookson
shared this is a closed meeting and will be handled just as was done with the previous meeting.
Those in attendance will go into an attorney-client closed session for the continuing settlement
negotiations. As a reminder, the details of this session are to be kept private. Following the
conclusion of the attorney-client closed session, the special session meeting will be re-opened in
order to announce the agreement of negotiations of the closed session, and to take such actions as
the City Commission may deem appropriate.
The City Commission moved their closed session to the City Hall Conference Room at 5:01 PM.
After the closed session, Mayor Johnson announced the following: I hereby re-open the Special
Session of the City Commission,the time is 5:28 PM. He further requested a motion.
Motion: Move to approve the Savoie Settlement Agreement; and further,
authorize the Mayor to execute the Settlement Agreement; Moved by
Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 4-1
with Mayor Johnson opposing.
ADJOURNMENT
APPROVED:
Attest: City of Ocoee
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
MINUTES
REGULAR CITY COMMISSION MEETING
NOVEMBER 3,2020
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 by Mayor Johnson, 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
COMMISSIONERS ANNOUNCEMENTS - 6:17 PM
Commissioner Brinson—None
Commissioner Wilsen—None
Commissioner Firstner—Asked that the proposed scheduled workshops be called on an as need
basis only. Motion: Move to remove City Commission Workshops from the regular
schedule and only hold as needed; Moved by Commissioner Firstner, seconded
by Commissioner Wilsen. Motion carried unanimously.
Commissioner Oliver=' — Announced that on Sunday, November 1st, he attended the Human
Relation Diversity Board's opening event for the 100-Year Anniversary of the 1920 Ocoee
Election Day Massacre, and explained that during this event he voiced his personal opinion and
has since realized it was the wrong place and time. He stood behind his comment,but apologized
to the Commission, residents, and descendants for his timing. Commissioner Wilsen thanked
him for his apology.
Mayor Johnson—1)Announced that City Hall is open to the public; however, attendance inside
the Ocoee Commission Chambers may be limited to accommodate social distancing and is subject
to change based on the Governor's Executive Order. Any interested party is invited to be heard
during the public comments and public hearing portion of the meeting. The public may also call
or email comments and/or questions to 407-554-7118 or citizens@ocoee.org. City staff will be
standing by to ensure that your comments or questions come before the City Commission during
the meeting. 2) In remembrance of the 100-Year Anniversary of the 1920 Ocoee Election Day
Massacre,the City of Ocoee HRDB has commenced their Memorial and Educational Symposium.
Upcoming program events are scheduled for November 4th, 6th, & 8th at the Ocoee Lakeshore
Center. This event is open to the public and can be viewed on live stream. For more information
please visit the City's website at www.Ocoee.org.
Regular City Commission Meeting
November 3,2020
COMMENTS FROM CITIZENS/PUBLIC - 6:22 PM
The following person(s) addressed the City Commission:
- Jim Moyer, resident, commented on the social differences in the world today, and shared
the importance of unity during these times.
CONSENT AGENDA- 6:26 PM
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1 -#5.
Moved by Commissioner Wilsen, seconded by Commissioner Oliver; Motion
carried 5-0.
1. Approval of the Minutes for the Regular City Commission Meeting held October 20,
2020. (City Clerk Sibbitt)
Approved on Consent. Motion carried 5-0.
2. Approval of Reappointments to the Citizen Advisory Council for Ocoee Fire
Department. (City Clerk Sibbitt)
The terms of Members Warren Channell,Charles Lawrie and Johnny Hodge expire November 2020.Members
Channell and Lawrie have expressed an interest in being considered for reappointment; however, Member
Hodge has declined.The CACOFD Board meets quarterly, and the following reflects the 2019 attendance of
the board members: Warren Channell attended 4 of 4 meetings,and Charles Lawrie attended 3 of 4 meetings.
There are no applications currently on file.
Approved on Consent. Motion carried 5-0.
3. Approval of Declaration of Surplus Property for FY 2019-2020. (Finance Director
Roberts)
The City is currently under contract with George Gideon Auctioneers (Gideon), Zellwood, Florida, for the
public sale of the City's surplus property,which piggybacks Lake County's terms and conditions.These items
are identified on the surplus list as ID Code"G".The surplus items will be delivered to the Gideon property
located at 2753 N.Hwy.441,Zellwood,FL 32798.The public inspection of items at the auction site is during
business hours from 9:00 a.m.to 2:30 p.m.A link to the City's surplus auctions on Gideon's auction site will
be placed on the City's website. The notice of auction will be advertised in the Orlando Sentinel, the West
Orange Times,and the City's website.
Commissioner Oliver inquired if all issues had been resolved with this item as it was pulled
during a previous meeting. City Manager Frank answered in the affirmative, and provided
further explanation on the resolution.
Approved on Consent. Motion carried 5-0.
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November 3, 2020
4. Approval to Issue a Change Order via a Purchase Order for Residential Plumber for
the Kimball Area Water Main Upgrade Project. (Acting Utilities Director Croteau)
In 2016, the Utilities Department planned and designed the upgrade of the water mains in the Kimball &
Malcom Area, designated the Kimball Area Water Main Upgrade Project, with three separate phases for
construction.The City's Contractor,Central Florida Tapping,Inc.(CFT),has completed the installation of the
new water mains for Phase I and Phase II. CFT is currently underway with the final phase, Phase III,which
was approved by City Commission on October 06,2020. Water service connections for eight of the homes in
Phase III are currently provided from a water main in the rear yard that will need to be abandoned upon
installation of the new water mains.Plumbing services for the connection to the new water meters in the front
yard will be required for these eight homes.A-1 Service Plumbing,Inc. (Plumber)was approved for the work
to connect 50 homes to the new water meters installed as part of Phase I and Phase II of the project in the
amount of$92,500.00 by the City Commission on March 5,2019.The Plumber has knowledge of the existing
conditions of the project area,and has agreed to keep their original price from 2019 in the amount of$1,850.00
per home resulting in a total amount of$14,800.00. This will be a cost savings to the City since the cost of
plumbing services have increased since 2019.
Approved on Consent. Motion carried 5-0.
5. Approval of Amendments to Extend the Contracts for the Septic Tank Program
Service Providers. (Acting Utilities Director Croteau)
On December 1,2015,the City of Ocoee entered into contracts with Sauer Septic Environmental Service,Inc.
and Brownies Septic and Pumping LLC.,to perform scheduled septic pump out services for the City's Septic
Tank Pumping Program. Sauer Septic Environmental Service,Inc. and Brownies Septic and Pumping LLC.,
were awarded the original contracts. The City desires to amend the existing contracts to extend the Contract
Terms through November 30,2021,subject to the terms and conditions set forth in the original contracts.
Approved on Consent. Motion carried 5-0.
PUBLIC HEARING - 6:27 PM
6. Request for Variance — Pascall Property, 615 Roberts Rise Drive,
Project No: VR-20-01. (Advertised in the West Orange Times on Thursday,. October 22, 2020)
(Zoning Manager Gajadhar)
The applicant,Michael Pascall,is requesting approval of a variance to install a six(6)foot high privacy fence
up to the front side yard property line versus the required setback for corner lots of fifteen(15)feet.The City
of Ocoee Land Development Code(LDC)requirements for residential fencing,Article V,Chapter 5-4 Section
I, allows fences greater than four (4) feet, but no greater than six (6) feet high, to be placed a minimum of
fifteen (15) feet from the property line at the front side yard of corner lots. This requirement is contingent
upon the adjacent lot being located rear-to-rear with the corner lot. In this scenario, the adjacent lot to the
subject property is currently vacant, undeveloped, and not a part of the subdivision. The Roberts Rise
subdivision was recently awarded funds from the City of Ocoee Neighborhood Matching Grants Program,
formerly known as the Most Valuable Partnership Awards (MVP). The funds were awarded to erect a solid
fence within the City's right-of-way to reduce foot and vehicular traffic from gaining access to the
neighborhood from the adjacent vacant and undeveloped property. At such time as the fence needed to be
removed should the adjacent property be developed,the city would incur the expense on removal if within the
first five (5)years, after which would be the responsibility of the Robert's Rise Homeowner's Association.
Approval of this variance request would allow a six(6)foot fence to connect directly to the fence proposed in
the right-of-way.
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Regular City Commission Meeting
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Development Services Director Rumer provided the background summary of this requested
variance located in the Roberts Rise subdivision at 615 Roberts Rise Drive. The applicant,
Michael Pascall, is requesting approval of a variance to install a six (6) foot high privacy fence
up to the front side yard property line versus the required setback for corner lots of fifteen (15)
feet. Development Services Director Rumer explained this fence would be a temporary
approval as the adjacent property may develop in the future and may require an additional access
road. The Planning and Zoning Commission(P&Z)reviewed the proposed variance requested by
Michael Pascall on October 13, 2020. Their motion included a condition that the 15 FT of fence
be removed at such time as the proposed Robert Rise Subdivision fence in the right-of-way is
required to be removed, and if within the first five (5) years be at the city's expense.
Commissioner Wilsen shared that for the safety and security of the neighborhood this fence
approval is very important.
Commissioner Brinson inquired if there is currently a fence along the property line.
Development Services Director Rumer answered in the affirmative, and advised there is
currently a field fence which is being moved for access into the subdivision as a shortcut onto the
public road.
Commissioner Oliver shared that he agrees with Commissioner Wilsen that the fence is
warranted for the safety and security of the subdivision.
Mayor Johnson inquired if there are future plans for a road to be developed. Development
Services Director Rumer advised that the opportunity for a road is a possibility.
The public hearing was opened.As no speaker reservation forms, telephone calls, or emails were
received, the public hearing was closed.
Motion: Move to approve the Variance for the Pascall Property, 615 Roberts Rise
Drive, Project No: VR-20-01 based on the findings that the subdivision presents
unique characteristics, and due to the safety and security of the neighborhood;
and further, pursuant to the recommendation of the Planning & Zoning
Commission; Moved by Commissioner Wilsen, seconded by Commissioner
Firstner; Motion carried unanimously.
FIRST READING OF ORDINANCES—6:37 PM
7. First Reading of Ordinance for Mohammed Property— 533 1st Street Annexation&
Rezoning; Project No(s): AX-09-20-92 & RZ-20-09-11. (Second Reading and Public
Hearing is scheduled for November 17, 2020,Regular City Commission Meeting at 6:15 pm or soon
thereafter.) (Zoning Manager Gajadhar)
The property is+/- 0.16 acres and located approximately 1,000 feet to the north of E. Silver Star Road and
240 feet south of Center Street. The subject parcel has one (1) existing Single-Family Residence. The
Applicant is annexing into the City limits as a condition to receive city potable water connection.The proposed
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Regular City Commission Meeting
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annexation is a logical extension of the City limits,urban services can be provided, and the annexation meets
state and local regulations.The parcel will receive an"R-1"(Single Family)zoning upon annexation.
a) First Reading of Annexation Ordinance
b) First Reading of Rezoning Ordinance
City Attorney Cookson read the titles of the Ordinances.
Mayor Johnson announced that this will be presented as a second reading and public hearing at
the next scheduled City Commission meeting on November 17, 2020, at 6:15 PM or soon
thereafter.
8. First Reading of Ordinance for 228 Lee Street Trust Property — 541 1st Street
Annexation & Rezoning; Project No(s): AX-09-20-90 & RZ-20-09-09. (Second Reading
and Public Hearing is scheduled for November 17, 2020, Regular City Commission Meeting at 6:15
pm or soon thereafter.) (Zoning Manager Gajadhar)
The property is+/- .19 acres,vacant,and located approximately 1,054 feet to the north of E. Silver Star Road
and 150 feet south of Center Street. The proposed annexation is a logical extension of the City limits,urban
services can be provided, and the annexation meets state and local regulations.The parcel will receive an"R-
1"(Single-Family Dwelling)zoning upon annexation.
a) First Reading of Annexation Ordinance
b) First Reading of Rezoning Ordinance
City Attorney Cookson read the titles of the Ordinances.
Mayor Johnson announced that this will be presented as a second reading and public hearing at
the next scheduled City Commission meeting on November 17, 2020, at 6:15 PM or soon
thereafter.
9. First Reading.of Ordinance for Callejas Property — 506 2nd Street Annexation &
Rezoning; Project No(s): AX-09-20-93 & RZ-20-09-12. (Second Reading and Public
Hearing is scheduled for November 17, 2020, Regular City Commission Meeting at 6:15 pm or soon
thereafter.) (Zoning Manager Gajadhar)
The property is+/-0.59 acres and located approximately 680 feet to the north of E. Silver Star Road and 470
feet south of Center Street.The subject parcel has one(1)existing Single-Family Residence.The Applicant is
annexing into the City limits as a condition to receive city potable water connection.The proposed annexation
is a logical extension of the City limits,urban services can be provided, and the annexation meets state and
local regulations.The parcel will receive an"R-1"(Single Family)zoning upon annexation.
a) First Reading of Annexation Ordinance
b) First Reading of Rezoning Ordinance
City Attorney Cookson read the titles of the Ordinances.
Mayor Johnson announced that this will be presented as a second reading and public hearing at
the next scheduled City Commission meeting on November 17, 2020, at 6:15 PM or soon
thereafter.
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10. First Reading of Ordinance for Ocoee Rentals Trust Property — 438 2nd Street
Annexation & Rezoning; Project No(s): AX-09-20-91 & RZ-20-09-10. (Second Reading
and Public Hearing is scheduled for November 17, 2020, Regular City Commission Meeting at 6:15
pm or soon thereafter.) (Zoning Manager Gajadhar)
The property is+/- .15 acres and located approximately 320 feet to the north of E. Silver Star Road and 915
feet south of Center Street.The subject parcel has one(1)existing Single-Family Residence.The applicant is
annexing into the City limits as a condition to receive city potable water connection.The proposed annexation
is a logical extension of the City limits, urban services can be provided, and the annexation meets state and
local regulations.The parcel will receive an"R-1"(Single-Family Dwelling)zoning upon annexation.
a) First Reading of Annexation Ordinance
b) First Reading of Rezoning Ordinance
City Attorney Cookson read the titles of the Ordinances.
Mayor Johnson announced that this will be presented as a second reading and public hearing at
the next scheduled City Commission meeting on November 17, 2020, at 6:15 PM or soon
thereafter.
11. First Reading of Ordinance for Flores Property — 720 North Lakewood Avenue
Annexation & Rezoning; Project No(s): AX-07-20-88 & RZ-20-07-07. (Second Reading
and Public Hearing is scheduled for November 17, 2020, Regular City Commission Meeting at 6:15
pm or soon thereafter.) (Zoning Manager Gajadhar)
The property is+/-7.51 acres and located approximately 1,090 feet to the north of Rewis St. and 2,675 feet
south of Wurst Rd. The subject parcel has one (1) existing Single-Family Residence. The Applicant is
annexing into the City limits as a condition to receive city potable water connection.The proposed annexation
is a logical extension of the City limits, urban services can be provided, and the annexation meets state and
local regulations.The parcel will receive an"R-1A"(Single-Family Dwelling)zoning upon annexation.
a) First Reading of Annexation Ordinance
b) First Reading of Rezoning Ordinance
City Attorney Cookson read the titles of the Ordinances.
Mayor Johnson announced that this will be presented as a second reading and public hearing at
the next scheduled City Commission meeting on November 17, 2020, at 6:15 PM or soon
thereafter.
12. First Reading of Ordinance for HS Construction LLC Property— 13th Avenue,Lot 4,
Annexation & Rezoning; Project No(s): AX-09-20-89 & RZ-20-09-08. (Second Reading
and Public Hearing is scheduled for November 17, 2020,Regular City Commission Meeting at 6:15
pm or soon thereafter.) (Zoning Manager Gajadhar)
The property is+/- .18 acres,vacant, and located approximately 170 feet to the north of Wurst Road and 220
feet east of N. Lakewood Avenue. The proposed annexation is a logical extension of the City limits, urban
services can be provided, and the annexation meets state and local regulations.The parcel will receive an"R-
1"(Single-Family Dwelling)zoning upon annexation.
a) First Reading of Annexation Ordinance
b) First Reading of Rezoning Ordinance
City Attorney Cookson read the titles of the Ordinances.
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Regular City Commission Meeting
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Mayor Johnson announced that this will be presented as a second reading and public hearing at
the next scheduled City Commission meeting on November 17, 2020, at 6:15 PM or soon
thereafter.
SECOND READING OF ORDINANCES—PUBLIC HEARINGS -None
REGULAR AGENDA-None
STAFF ACTION ITEMS -None
COMMENTS FROM CITIZENS/PUBLIC
No telephone calls or emails were received.
COMMENTS FROM COMMISSIONERS - 6:48 PM
;Commissioner Oliver— Commented on the following:
1) Inquired on the status of Clarke Road and asked when residents can anticipate the grand
opening and ribbon-cutting ceremony. He also requested confirmation on when and where signs
would be placed. Mayor Johnson shared that Community Relation Manager Wright recently
contacted him about the opening ceremony. City Manager Frank indicated the anticipated date
was mid-December, and offered to follow up with Commissioner Oliver.
Commissioner Firstner—Commented on the following:
1) Commended the City for annexing in the Orange County enclaves within the City.
Commissioner Wilsen—Commented on the following:
1) Reminded residents about the importance of pedestrian safety, especially during this time of
year with the nice weather.
Commissioner Brinson—Commented on the following:
1) Shared that a recent traffic delay he experienced reminded him of just how much ongoing
construction is happening within the City, and asked for everyone to kindly practice patience as
they navigate through the City.
2)Announced two local events that are related to the commemoration of the 1920 Ocoee Election
Day Massacre: a road dedication for the Julius "July" Perry Memorial Highway; and the Last
Rites Ceremony for Julius "July" Perry at the Greenwood Cemetery being held on Saturday at
11:00 AM.
Mayor Johnson—Commented on the following:
1) Shared that he has received numerous calls regarding the upcoming 2021 election, and
requested information. City Clerk Sibbitt shared qualifying will open on January 14, 2021, and
close on January 22, 2021. The election will be held on March 9, 2021. She also informed that
the next mayoral election will be held in 2023.
2) Recognized the Human Relations Diversity Board for a successful opening night of the
100-Year Remembrance Ceremony honoring the victims and their descendants of the 1920 Ocoee
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Election Day Massacre, and further shared that Representative Val Demings will be present at the
remaining scheduled events on November 4th, 6th, and 8th
3) Shared that he has been in office for 30+years, and announced his intent to run for office again
in March 2023.
4)Requested the diversity percentage of employees working for the City, and indicated he would
like to recognize all employees for their outstanding work.
5)Noted that the school traffic is not as bad as usual, and inquired if this was an indication that
the majority of students were taking classes from home.Development Services Director Rumer
addressed his concerns and offered to follow-up with additional information.
6)Confirmed that the ground-breaking ceremony for the New City Hall will be held on November
12th at 10:00 AM.
7) Confirmed the MLK Parade has been canceled. City Manager Frank shared based on the
cancelations made by Orange County for their 2021 MLK Parade, it was recommended the City
consider canceling their parade.
8) Inquired about the Lions Club's Annual Christmas Parade. City Manager Frank confirmed
that the Lions Club has indicated that they will not be hosting a parade this year. Mayor Johnson
requested that the canceled events discussed this evening be placed on the City's website as well
as on Ocoee TV.
ADJOURNMENT—6:59 PM
APPROVED:
Attest: City of Ocoee
Melanie Sibbitt, City Clerk Rusty Johnson,Mayor
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