Item 01 Approval of the Minutes for the Regular City Commission Meeting held January 4, 2022. MINUTES
REGULAR CITY COMMISSION MEETING
JANUARY 4, 2022
CALL TO ORDER- 6:14 PM
Mayor Johnson called the regular session to order at 6:14 PM in the Commission Chambers of
City Hall. The invocation was led 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
COMMENTS FROM CITIZENS/PUBLIC -None
No speaker reservation forms were received
CONSENT AGENDA- 6:16 PM
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items#1 -#6 with Item #4 and#5 being
pulled for discussion and separate consideration.
Moved by Commissioner Wilsen, seconded by Commissioner Oliver; Motion
carried 5-0.
1. Approval of the Minutes for the Regular City Commission Meeting held December 7,
2021. (City Clerk Sibbitt)
Approved on Consent. Motion carried 5-0.
2. Approval of Reappointment to the Citizen Advisory Council for Ocoee Police
Department. (City Clerk Sibbitt)
Members of the Citizen Advisory Council for Ocoee Police Department(CACOPD) serve three-year terms.
The Resolution creating the Board allows no more than fifteen (15)members. Currently the board has ten
(10) members. The terms of Members William Mann, Darryl Braunskill, Sr., and Annette Brown expire in
January of 2022. Member Braunskill wishes to be reappointed. Members Mann and Brown have not shown
an interest in being reappointed,and their terms will expire January 31,2022.
Approved on Consent. Motion carried 5-0.
Regular City Commission Meeting
January 4,2022
3. Approval of New Appointment to the Human Relations Diversity Board. (City Clerk
Sibbitt)
The Human Relations Diversity Board was created by Resolution in 2003. The purpose of this board is to
promote understanding,respect,goodwill,and equality among all citizens and businesses of the City of Ocoee.
Members of the Human Relations Diversity Board serve three-year terms. Currently the Human Relations
Diversity Board has eleven(11)members,and their resolution allows no less than seven(7)members and no
more than thirteen(13)members.One(1)application has been received by Brad Lomneck who has shown an
interest in being appointed to the Human Relations Diversity Board for a term ending May 2025.
Approved on Consent. Motion carried 5-0.
4. Approval of Resolutions Amending the Bylaws for the Citizens Advisory Council for
Ocoee Police Department (CACOPD), the Citizens Advisory Council for Ocoee Fire
Department (CACOFD), and the Parks and Recreation Advisory Board (DRAB).
(City Clerk Sibbitt)
The Citizens Advisory Council for Ocoee Police Department (CACOPD) was established on February 16,
1988,by Resolution 88-06, and the Citizens Advisory Council for Ocoee Fire Department(CACOFD)was
established on September 16,2003,by Resolution 2003-20,and both their Bylaws were last amended in 2010.
Staff wishes to amend their Bylaws for clarity, consistency and bringing them up-to-date. The Parks and
Recreation Advisory Board (PRAB) was reestablished by Resolution 2021-011. Staff wishes to amend the
Bylaws for consistency with the CACOPD/CACOFD Bylaws.
Commissioner Brinson inquired about the strikethrough of the membership of the Ocoee Police
and Fire Department staff from the resolutions,and if they would be able to serve on the advisory
boards. City Clerk Sibbitt addressed his question and advised both boards currently allow for
Police and Fire staff to serve as non-voting liaisons on their boards.Police Chief Plasencia agreed
with the Clerk and shared that their board does have department representation in the form of staff
liaisons.
Motion: Move to approve Item #4. Moved by Commissioner Brinson, seconded by
Commissioner Firstner; Motion carried 5-0.
5. Approval of Right-of-Way Vacation and Dedication Agreement Between the City of
Ocoee and Ocoee Development IV, LLC for a Portion of N. Lakewood Avenue.
(Development Services Director Rumer)
The Ocoee Village Center PUD development will realign N.Lakewood Ave. from Fullers Cross Road to the
existing intersection at Clarcona Ocoee Road.Once the realignment is completed and approved by Ocoee for
operation,the Developer for Ocoee Village Center(Ocoee Development IV,LLC)will request to vacate the
remaining old portion of N.Lakewood Avenue under the City's ROW Vacate Process. Currently,the existing
ROW for a portion of N.Lakewood Ave.contains Central Florida Expressway(CFX)property on both sides.
In order for Ocoee Development IV,LLC,to obtain ownership of both the vacated ROW and the two portions
of land owned by CFX, a transfer of land via sale from CFX is required. The CFX process to purchase land
has to go through several committees and eventual Board approval and can take a long time. The process to
purchase the land from CFX can be started early by Ocoee Development IV,LLC,entering into an agreement
with the City of Ocoee which states the City is agreeable to process a ROW Vacate at a later date once all
conditions are met. The Agreement does not require the City to vacate said land, only to process the vacate
based on City requirements.
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Commissioner Brinson requested clarification for the proposed dedication of right-of-way
agreement. Development Services Director Rumer addressed his question and explained the
proposed agreement. He also shared that the actual vacate of the right-of-way would come back
before the City Commission as a public hearing.
Motion: Move to approve Item #5. Moved by Commissioner Brinson, seconded by
Commissioner Firstner; Motion carried 5-0.
6. Approval of 2021-2022 Budget Equipment and Revised Vehicle Purchases. (Public
Works Director Krug)
On November 2, 2021, the City Commission approved the purchase of equipment and vehicles through the
utilization of various competitively bid contracts, such as the Florida Sheriffs Association and the State of
Florida contracts. However, as a result of current supply chain issues, vehicle manufacturers issued a cutoff
on orders for the current year's super duty trucks(Ford F-250 and higher),with a reopening of orders in late
2022. This cutoff occurred prior to the approval of the City's purchase orders for the approved vehicles. In
order to still acquire these vehicles within the 2021-2022 fiscal year, Public Works was able to locate
unfulfilled dealership preorders from around the state which closely fit the specifications of the originally
approved vehicles.
Approved on Consent. Motion carried 5-0.
FIRST READING OF ORDINANCE —6:25 PM
7. First Reading of Ordinances for West Orange Surgery Center — Annexation &
Rezoning to Planned Unit Development (PUD); Project Nos.: AX-10-21-22 & RZ-21-
10-30. (Second Reading and Public Hearing scheduled for January 18, 2022, Regular Commission Meeting
at 6:15 pm or soon thereafter) (Development Services Director Rumer)
The subject properties are located at 3422 and 3432 Old Winter Garden Road in the southeast corner of the
Blackwood Avenue and Old Winter Garden Road intersection. The site is approximately 1.27 acres and
located within the City of Ocoee-Orange County Joint Planning Area(JPA). The applicant is proposing to
annex the properties into the City and rezone them from County A-1 to PUD in order to develop an 11,500 SF
surgery center. Currently, each parcel contains an unoccupied single-family dwelling, and the applicant
proposes to develop the properties for a surgery center.
a) First Reading of Annexation Ordinance
b) First Reading of Rezoning Ordinance
City Attorney Cookson read the title of the Ordinances.
Mayor Johnson announced that this will be presented as second readings and public hearings at
the next scheduled City Commission meeting on January 18,2022,at 6:15 PM or soon thereafter.
SECOND READING OF ORDINANCE—PUBLIC HEARING -None
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PUBLIC HEARING - 6:27 PM
8. Everest Rehabilitation Hospital—Preliminary Large Scale Site Plan; Project No.: LS-
2021-007. (Advertised in the West Orange Times on Thursday, December 23, 2021) (Development
Services Director Rumer)
The subject property is zoned PUD(Planned Unit Development)and is located on the east side of Lake Johio
Road,north side of E.Silver Star Road,approximately 770 feet east of the intersection of N.Clarke Road and
E. Silver Star Road.The subject site is approximately 6.79 acres in size,is currently undeveloped,and is one
of two remaining projects in the Ocoee Landings PUD. The proposed Everest Rehabilitation Hospital Large
Scale Preliminary Site Plan consists of a 39,817 sq. ft. rehabilitation facility consisting of 36 beds.
Additionally,there is 4,792 sq.ft.future expansion space.Access to the site is via a right-in/right-out on Silver
Star Road. An additional driveway is located on Lake Johio Road. A deceleration right turn lane will be
provided on Silver Star Road and a right turn lane on Lake Johio Road.The development will provide a six-
foot wall on the north side of the property. Stormwater is going to the master pond and cross access is being
provided to the last parcel to the east.
Development Services Director Rumer presented a brief overview of the proposed Preliminary
Large Scale Site Plan, which is zoned PUD (Planned Unit Development) and is located on the
east side of Lake Johio Road and the north side of E. Silver Star Road,and east of the intersection
of N. Clarke Road and E. Silver Star Road. The subject site is currently undeveloped, and is one
of two remaining projects in the Ocoee Landings PUD. The proposed Everest Rehabilitation
Hospital Large Scale Preliminary Site Plan consists of a one-story 39,817 SF rehabilitation facility
consisting of 36 beds and associated parking.Access to the site is via a right-in/right-out on Silver
Star Road. An additional driveway is located on Lake Johio Road with a right-turn lane.
Stormwater is going to the master pond, and cross-access is being provided to the last parcel to
the east.
The public hearing was opened As no speaker forms were received, the public hearing was
closed
Chip Bryan, Project Developer, shared he is available to answer any questions.
Commissioner Oliver asked for confirmation if this is the same location that was previously
proposed for the Firestone.Development Services Director Rumer answered in the affirmative.
Commissioner Oliver voiced concern on the vacant lot on the left of the proposed Everest
Rehabilitation Hospital as that parcel is proposed for commercial retail and may create a parking
issue. He further inquired if there were any plans to develop that vacant lot and what the access
would be onto that property. Development Services Director Rumer addressed his questions.
Commissioner Oliver inquired if the vacant lot use becomes mixed-use commercial would the
Everest Rehabilitation Hospital be willing to enter into a shared parking agreement with the
proposed developer for that vacant lot. Development Services Director Rumer shared it would
not be a criteria staff would require, but the developers could work that out between themselves.
Mr. Bryan addressed the question on the shared parking agreement, and advised those types of
agreements are difficult without knowing the uses for the property. Commissioner Oliver
inquired if a first and second reading for this development is coming before the City Commission.
Development Services Director Rumer advised it will return for a Final Site Plan approval.
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Commissioner Wilsen asked for confirmation that the approval this evening is for the current
proposed Preliminary Site Plan for the Everest Rehabilitation Hospital development. It was
answered in the affirmative. Brief discussion ensued on the proposed mixed-use for the
neighboring vacant lot.
Motion: Move to approve Everest Rehabilitation Hospital — Preliminary Large
Scale Site Plan; Project No.: LS-2021-007; Moved by Commissioner Wilsen,
seconded by Commissioner Brinson; Motion carried 4-1 with Commissioner Oliver
opposing.
9. Ocoee Tomyn Road Self-Storage at Barkeritaville PUD — Preliminary/Final Large
Scale Site Plan; Project No.: LS-2021-010. (Advertised in the West Orange Times on Thursday,
December 23, 2021) (Development Services Director Rumer)
The subject property is zoned PUD (Planned Unit Development) and is located on the east side of Tomyn
Blvd.(Windermere Rd.),and approximately 1,517 feet north of the Tomyn Boulevard(Windermere Rd.)and
Roberson Rd. round-about. The subject site is approximately 8.13 acres in size. The proposed use is for a
three-story 34,969 SF Self-Storage Facility adjacent to the Pet Paradise. The proposed Ocoee Tomyn Road
Preliminary / Final Large-Scale Site Plan consists of a three-story 34,969 SF Self-Storage Facility with a
shared entrance drive with the adjacent Pet Paradise.Stormwater is going to the master stormwater pond which
will be enlarged with this project. Utilities are being provided by an existing water and sewer line installed
under the South West Utility Service Area.
Development Services Director Rumer presented a brief overview of the proposed Preliminary
Large Scale Site Plan, which is zoned PUD (Planned Unit Development) and is located on the
east side of Tomyn Boulevard/Windermere Road, and north of the Tomyn
Boulevard/Windermere Road and Roberson Road roundabout, adjacent to the Pet Paradise. The
Final Large Scale Site Plan consists of a three-story 34,969 SF self-storage facility with a shared
entrance drive to the adjacent Pet Paradise. The loading area is located inside the building with a
drive-through center. Stormwater is going to the master stormwater pond,which will be enlarged
with this project. Utilities are being provided by an existing water and sewer line installed under
the South West Utility Service Area.
The public hearing was opened. As no speaker forms were received, the public hearing was
closed.
Commissioner Oliver reiterated comments he made at a previous meeting in which he voiced
not being in favor of another self-storage facility in the City. He shared he understands the City
is currently under a moratorium for self-storage facilities,but still feels that one more is too many.
Motion: Move to approve Ocoee Tomyn Road Self-Storage at Barkeritaville PUD —
Preliminary/Final Large-Scale Site Plan; Project No.: LS-2021-010; Moved by
Commissioner Firstner, seconded by Commissioner Wilsen; Motion carried 4-1
with Commissioner Oliver opposing.
REGULAR AGENDA-None
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COMMENTS FROM CITIZENS/PUBLIC- 6:52 PM
The following persons addressed the City Commission:
- Wiem Alexander, Ocoee Resident, introduced herself, and expressed a desire to create
additional healthy outdoor spaces in Ocoee such as a Community Garden and a Mountain
Bike Trail. Mayor Johnson agreed that a Community Garden would be a great addition
to downtown,and encouraged her to work with City Staff and rally volunteers. He further
shared access points within the City to the West Orange Trail for safe bike riding.
Commissioner Oliver encouraged her to contact him directly for the contact information
of others who are interested in creating a Community Garden.
COMMENTS FROM COMMISSIONERS- 6:57 PM
Commissioner Oliver—Commented on the following:
1) Wished everyone a Happy New Year.
2)Requested the status of the backup generator for Fire Station 38. City Manager Frank offered
to inquire with Public Works and provide an update.
3) Shared a request from Jim Moyer, a representative of the American Legion Post 109, which
asked for a waiver of the rental fees at the Tom Ison Center for their monthly meetings on the
second Tuesdays at 6:00 PM.After a brief discussion, Consensus of the City Commission
was to have the American Legion work with Parks and Recreation Department to
confirm the availability and have Staff provide their recommendation to the
Commission.
4) Requested a point of order, referenced Roberts Rule of Order Chapter 45, and urged the
Commission to create a policy for their voting method. Mayor Johnson referred to the City
Attorney for direction. City Attorney Cookson addressed the Commissioner's concerns and
shared that since the last meeting,research had been conducted and it found that the City does not
have a written policy in place. Commissioner Brinson recalled the previous meeting and shared
the Commission agreed to the roll call vote. He then inquired as to what conditions determine
which voting method is used. Mayor Johnson shared that anytime clarification is required, a roll
call vote is requested.
Motion: Move to continue using the standing rule of electronic form of "yay" or
"nay" voting method in all instances of voting at the dais. Moved by Commissioner
Oliver, seconded by Commissioner Brinson.
Scott Kennedy, Ocoee Resident, spoke in opposition to the motion as he felt it was out of order.
He asked the Commissioner to retract his motion, and request that the item be placed on a future
agenda so that the public is aware of the item and can participate, if desired. City Attorney
Cookson expressed respect for his concerns, but shared the issue before them did not require
being placed on an agenda because it is a policy issue on how the Commission conducts business
and would not directly affect the residents.
Commissioner Wilsen shared that she believed the Mayor's role is to run the meeting as he
determines necessary, and as long as he has the City Attorney's approval, she does not have a
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problem with his choice of voting method. Commissioner Brinson recalled the City Attorney's
earlier comment that the City does not currently have a formal voting policy. City Attorney
Cookson confirmed, and explained that if the motion on the floor was approved then the City
would have a policy in place and all voting would take place by electronic means.
Restated Motion: Move to continue using the standing rule of electronic form of
"yay" or "nay" voting method in all instances of voting at the dais. Moved by
Commissioner Oliver, seconded by Commissioner Brinson; Motion failed 2-3 with
Mayor Johnson, Commissioner Wilsen, and Commissioner Firstner opposing.
5)Asked for an update on the request to waive Local Business Tax fees for struggling businesses
at the West Oaks Mall, and inquired about using funds from the American Rescue Plan Act
(ARPA). City Manager Frank addressed his question and shared he anticipates having
something to present in February with regard to the ARPA.
6)Shared local COVID-19 testing site information,and stressed a desire to see additional County
testing sites in West Orange County.
7) Shared a Bible scripture.
Commissioner Firstner—Commented on the following:
1) Welcomed everyone back and wished all a Happy New Year.
Mayor Johnson shared each year Cities are asked to appoint a representative onto MetroPlan
Orlando's Municipal Advisory Committee (MAC). As Commissioner Firstner is currently
designated to represent the City on this committee, the Mayor requested a motion for his
reappointment.
Motion: Move to reappoint Commission Firstner as the representative on
MetroPlan Orlando's Municipal Advisory Committee (MAC); Moved by
Commissioner Wilsen, seconded by Commissioner Oliver; Motion carried 5-0.
Commissioner Wilsen—Commented on the following:
1) Shared several of the City's recent and ongoing accomplishments, and thanked the City
Manager and Staff for their hard work.
Commissioner Brinson—Commented on the following:
1) Commented on the new COVID-19 Omicron variant, stressed the importance of talking about
the ongoing pandemic, and encouraged residents to remain cautious as the numbers increase.
Provided information on the available testing sites in the area, echoed Commissioner Oliver's
view on the lack of testing sites in our area,and announced that he will be reaching out to Orange
County officials to discuss the possibility of adding a new testing site in the area.
2) Encouraged a discussion on what protocols will be taken by the City in light of the current
COVID-19 statistics, and shared that many other governmental agencies are now having
conversations. City Manager Frank shared that he intends to meet with Staff this week to revisit
the City's current COVID policies.
3)Encouraged residents whenever they have a question or concern about the possibility of having
COVID to get tested, and take appropriate actions.
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3) Commented on American Rescue Plan Act, and shared he is looking forward to a conversation
on how the funding will be allocated.
4) Shared the current statistics of new COVID-19 cases in Orange County,and reiterated the need
for citizens to be cautious as the city continues to fight the pandemic.
Mayor Johnson—Commented on the following:
1) Shared the HRDB is not hosting their annual Martin Luther King Parade this year,but will post
a video tribute.
2)Announced Staff will be working on the Christmas Parade for 2022.
3) Commented on integrity.
4) Shared his love for the City, and expressed his devotion to the residents.
5) Encouraged everyone to show respect for one another, and their position.
ADJOURNMENT - 7:50 PM
APPROVED:
Attest: City of Ocoee
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
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