04-18-2023 MinutesMINUTES
Mayor Johnson called the regular session to order at 6:15 PM in the Commission
Chambers of City Hall. The invocation was led by Brad Lomneck, Ocoee Resident,
followed by the Pledge of Allegiance to the Flag led by Commissioner Kennedy. City
Clerk Sibbitt called the roll and declared a quorum present.
Present: Mayor Johnson, Commissioner Kennedy, Commissioner Wilsen, Commissioner
Firstner, Commissioner Hart (sworn -in at 6:25 PM)
Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt
Proclamations for April 2023
- Arbor Day proclaimed by Mayor Johnson
- Water Conservation Month proclaimed by Mayor Johnson
Selection and Appointment of Interim District 4 Commissioner - City Attorney
Cookson explained the circumstances surrounding the vacant District 4 seat; and
furthermore, announced two (2) residents have contacted the City indicating their interests
to be appointed as the interim District 4 Commissioner until the Special Election. He asked
the City Commission to consider filling the current vacant seat as set forth by the City
Charter with the swearing in to follow the vote.
Both interested residents for the interim District 4 Commissioner seat, Ages Hart and Dr.
Jim Moyer, briefly introduced themselves to the City Commission.
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Ocoee Music Festival Chick-fil-A 5k Beneficiary Check Presentation - Parks and
Recreation Director Johnson announced West Orange Babe Ruth League as the
recipient of the Chick-fil-A fundraiser check in the amount of $1,180.00. Beth Otts with
Chick-fil-A provided a brief overview of the 2023 Music Fest 5K event and thanked City
staff, sponsors, and the Community for their support. She then presented the check to the
West Orange Babe Ruth League.
Competition - Eryn Russell, Florida League of Cities, announced the Ocoee Youth
Council (OYC) won the Florida League of Cities 2022 Annual Youth Council Vide# -
Competition and presented them with a trophy. She further provided a brief overview on the
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April 18, 2023
placed on the ballot. City Clerk Sibbitt addressed her question.
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Motion carried 5-01
City Attorney Cookson voiced his understanding from the discussions that there is a
consensus to not have the June Special Election. He advised that the City Charter has
been looked at extensively, the City has an obligation to hold a Special Election, and it is
his interpretation that it should be held as originally scheduled. He further noted that the
discussion on the Special Election was not placed on the agenda, and feels it will be
improper to make a motion to change the Special Election when it was not noticed to the
public.
Discussion ensued on the Special Election, and the interpretation of when it could be held.
Commissioner Kennedy requested for an agenda item to be placed on the May 2nd City
Commission Meeting, and inquired if a second opinion could be provided. City Manager
Frank explained City staff could obtain a second opinion, if that is their request.
Consensus of the Cily Commission was to place an agenda item on the May 2nd City
- Brad Lomneck, Ocoee Resident, inquired if qualifying would be affected since they
are bringing forth a question on the Special Election date. He further recommended
they suspend the qualification process.
City Attorney Cookson opined that they should move forward with the qualifyi
period, even if the City Commission determines to move the Special Election
March. City Manager Frank shared that a notice should be drafted to be placed
the qualifying packets to inform candidates that the election date is being contestel
- Jim Moyer, Ocoee Resident, spoke about internal audits and explained the need for
them.
-CONSENT AGENDA 7:20 PM
Consent Acienda-Motion
Motion: Move to adopt the Consent Agenda Items #1-1.
Moved by Commissioner Firstner, seconded by Commissioner Hart,_Motion carried
5-0.
1. Approval of the Minutes for the Regular City Commission Meeting and City
Commission Special Session held March 21, 2023. (City Clerk Sibbitt)
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April 18, 2023
Mayor Johnson advised that the
lie between the streets and sidewalks within the development. Discussion ensued
regarding the current situation between the homeowners of Wesmere and their HOA, He
requested City staff to have a public meeting with the Wesmere HOA, the homeowners
and the public to discuss their current issues. City Manager Frank indicated a similar
situation happened in the past, and it would be in the best interest of the City to coordinate
a public meeting. Commissioner Firstner agreed and indicated the Wesmere HOA is
dictating to the homeowners that this will be done whether the homeowners agree or not.
He suggested the City facilitate a meeting between the HOA Board and the homeowners
in order to come to an agreement. Commissioner Kennedy commented that as an HOA
president himself, he knows historically the City policy has been the City does not get
Regular City Commission
April 18, 2023
involved with HOA/Homeowner issues; however, he believes it is a nice gesture for the
City to assist with a public meeting. City Manager Frank advised a public meeting should
be posted for more than one commissioner present and facilitated at a public venue.
Mayor Johnson stated it has been seven years since the redevelopment of Downto
started, which includes Oakland Avenue, and he is dissatisfied with how long it is takin
to develop the Downtown area and Oakland Avenue. He also stated he is dissatisfi
with the lack of paving the streets, which has been placed in the budget. City Manag
Frank explained numerous delays with the Downtown redevelopment.
* FIRST READING OF ORDINANCE — None I
* SECOND READING OF ORDINANCE — PUBLIC HEARING 7:43 PM
13. Second Reading of Ordinance for 911 Marshall Farms Road - Surujlall Property
Annexation & Rezoning; Project No(s), AX-01-23-01 & RZ-23-01-01. (Zonin
Manager Whitfield) I
t,:oning
vacant, contains approximately 2.22 acres, and is located in District 3 on the east side of
Marshall Farms Road. This property is currently zoned Orange County A-1 (Citrus Rural
District) with a proposed rezoning to City of Ocoee C-2 (Community Commercial). The
subject property is bordered on the west and east by the City's jurisdictional limits and, as
such, is contiguous to the City. The property is located within the Ocoee -Orange County
Joint Planning Area (JPA) Agreement boundary, and the proposed annexation is
consistent with the terms of the JPA Agreement. However, the requested C-2 zoning on
'the entire property is inconsistent with the JPA Future Land Use Map which designates
greater than half (50%) of the eastern portion of the property as Conservation. The
applicant is requesting to annex into the City for a home office for her truck hauling
business with one (1) private service bay.
The Development Review Committee and Planning and Zoning Commission
rec,*,mxkeAi.e,i.?,#,-,#)rtv.?-.LsuWject tv, tke c#x4iti#* t*,2t tXe C-2 z,#)AiAg is limite(i
to only that front portion of the site (approximately 325 feet from the west property line)
be classed as Unclassed in order to protect the Conservation Area.
Public hearing was opened. As no speaker forms were received, the public hearing was
closetf.
Annexation Ordinance:
Motion: Move to adopt Ordinance No. 2023-06, 911 Marshall Farms Road - Surg"lall
Property Annexation; Proje t No. AX-01-23-01, sub2ect to conditions and staff's
Wilsen: Motion carried 5-0.
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Rezoning Ordinance:
Motion: Move to adopt Ordinance No. 2023-07, 911 Marshall Farms Road - Suruilall
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Hart; Motion carried 5-0.
14. Second Reading of Ordinance for 413 Whittier Avenue - Phat An Temple Inc.
Property - Annexation & Rezoning; Project No(s). AX-01-23-02 & RZ-23-01-02.
(Zoning Manager Whitfield)
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�-'oning illanager 11'hitfield presented a brief overview of the subject property which 9
located in District 2 on the east side of Whittier Avenue, beginning approximately 325 fem!
north of State Road 438, and is approximately 0. 16 acres and currently vacant. The current
zoning is Orange County R-1 (Single Family Residential District) with a proposed rezoning
to City of Ocoee R-1 (Single Family Dwelling District). The subject property is contiguous
to the City on the east and south and does not create an enclave. Instead, it furthers the
City's efforts to reduce existing enclaves within the city limits. The Development Review
Committee and Planning and Zoning Commission recommended approval of the proposed
annexation and rezoning. The applicant is requesting to annex into the city for water
services.
Public hearing was opened. As no speaker forms were received, the public hearing was
closed.
Annexation Ordinance:
Motion: Move to adopt Ordinance No. 2023-08, 413 Whittier Avenue - Phat An
Temple Inc. Property Annexation; Proiiect No. AX-01-23-02, subiect to staffs
recommendations; Moved by Commissioner Wilsen, seconded by Commissioner
Kennedy; Motion carried 5-0.
Rezoning Ordinance:
Motion: Move to adopt Ordinance No. 2023-09, 413 Whittier Avenue - Phat An
Temple Inc. Property Rezoning; Prooect No. RZ-23-01-02, subiect to staff's
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Hart; Motion carried 5-0.
Development Services Director Rumer explained this is a first reading and public
hearing and summarized the proposed resolution designating a Brownfield Area for the
Ocoee Northwest area, located south of Fullers Cross Road and east of Ocoee Apopka
Road.
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April 18, 2023
City Attorney Cookson read the title of the resolution.
Public hearing was opened. As no speaker forms were received, the public hearing was
closed.
Mayor Johnson announced this will be presented as a second reading and public hearing
at the next scheduled City Commission meeting.
16. Adoption of Resolution Increasing Rates for Solid Waste/Residential Service.
(Public Works Director Krug)
Public Works Director Krug explained back in September of 2022 the City Commission
apA,-r#-vd*'. • &5 mtdrfrf-&#"• 6&Mi'CeAly
annually) in order to create a Sanitation Coordinator's position to be a liaison between the
City, the czens and the franchise vendor to ensure contract service requirements and
customer service expectations are met. The new rate will include the 1.4% annual increase,
plus the additional $15.00 annual fee, to provide a new annual fee of $294.12 ($24.51
monthly).
The public hearing was opened.
The following person(s) addressed the City Commission:
Moyer, Ocoee Resident, inquired what is in the Solid Waste Fund at this time.
Public Works Director Krug addressed his question.
The public hearing was closed.
City Attorney Cookson read the title of the resolution.
Commissioner Wilsen commented on her initial vote to not prioritize solid waste, and
stated the staff liaison will be an asset to the City. Mayor Johnson and Commissioner
Hart made additional comments and also shared their support of the resolution.
Motion: Move to adopt Resolution No. 2023-05, Increasing rates for solid
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unanimously.
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April 18, 2023
18. Approval to Appoint the Mayor Pro Tem. (City Clerk Sibbitt)
(Mayor Johnson passed the gavel to Mayor Pro Tem Firstner)
Motion: Move to appoint Commissioner Wilsen as Mayor Pro Tem. Moved by Mayor
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19. Discussion of Agenda Format for City Commission Meetings. (City Manager
Frank)
Commission.
Mayor Johnson stated he would like to only have one public comment section at the
beginning of the meeting, and take the commissioner comments from 10-minute limit to
three minutes. Commissioner Wilsen asked if it could be five minutes.
(Mayor Pro Tem Firstner has the gaveL)
Motion: Move to revise the City Commission Agenda to retain Public -Comments Drior
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carried unanimously.
Motion: Move to revise the Ci!y Commission Agenda to limit the Comments from
Co7fFifdssio,fersfro-ff 10-ffiTtItestofiv
seconded by Mayor Johnson; Motion carried unanimously.
Motion: Move to eliminate the City Commission Announcements Meeting follow "n
the adiournment of the Ci 4 Commission meeting; and further, all revised City
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unanimously.
-COMMENTS FROM CITIZENS / PUBLIC 8:09 PM
The following person(s) addressed the City Commission:
- Nate Robertson, Ocoee Resident, shared his concerns regarding delaying the
upcoming Special Election.
- Fanny MacTavish, Ocoee Resident, asked who her current District 4 commissioner
is, and commented about sanitation in her neighborhood.
-COMMENTS FROM COMMISSIONERS 8.20 PHI
Commissioner Hart- Commented on the following:
1) Thanked everyone for the opportunity to serve his community.
2) Announced this month is Child Abuse Month and stated if you see something, say
something.
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1) Announced the date, time and location of the Ocoee Fire Department Open House.
2) Announced the date, time and location of the Cinco De Mayo Block Party.
3) Announced the date, time and location of the Take Back Day.
4) Asked if there are any plans on opening up the HRDB for applications. Mayor
Johnson said that can be brought up at the next meeting.
5) Announced the date, time and location of the Community Picnic.
Commissioner Willsen - Commented on the following:
1) Thanked Mr. Moyer for volunteering his time, and shared that she does not believe
an internal audit is necessary at this time, because of the City's healthy reserve fund
in which she thanked staff for.
2) Shared she believes this is a good time to address City Commission expenses with
providing spending limits on travel.
3) Shared she would like to see parameters set on the City Commission discretionary
funds for the upcoming budget.
Commissioner Kennedy — Commented on the following:
1) Stated he plans to file a monthly Written Commissioner's Report for communication
and transparency for District 1 outlining what he is doing, working on and what is
happening.
2) Shared he currently is attending the Ocoee's Public Safety Academy with PD & FD,
which has been very informative and makes him very proud of the City's public safety
departments.
3) Stated the Police Department is currently working with Grow Healthy Kids to collect
sports balls. He donated $250 of his discretionary funds to Grow Healthy Kids. See
growhealthykids.org to donate.
4) Shared he maintains an Action Item Book which currently has 52 Action Items. He
works at City Hall every Friday afternoon, and he has been meeting with department
heads addressing issues and advocating for his district. Email him at
Skennedy@ocoee.org if you have an issue or want to see the status of any items.
5) Noted the number one issue in his district is traffic and congestion. He stated the
Lakewood shutdown exacerbates all other issues and needs to be reopened
immediately. The following is a current update on Lakewood: The roundabout was
open on Frid.y, April 7th; and the paving up to the extension of 2nd Street is scheduled
th
to be April 28 , which will allow access from N. Lakewood to Adair St. and connection
to Clarcona Ocoee Rd. The Clarke Road widening is waiting on SWFWMD.
6) Shared he has been busy recruiting citizens for open spaces on advisory boards, and
listed events he has recently attended.
7) Thanked Mr. Moyer for stepping up and volunteering, and congratulated
Commissioner Hart on his appointment.
8) Informed he wishes to reform the HRDB and update the board to a more modern
concept and rename it Inclusion, Diversity, Equity & Access (IDEA). He further stated
he would like to reshape the board's mission and requirements for volunteers.
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April 18, 2023
Mayor Johnson - Commented on the following:
1 ) Shared he wants the Christmas parade to start up this year. Cathy Sills stated she
was devastated when the parade was canceled and offered her services to assist
with the parade behind the scenes. • Wilsen shared a • • ••
comments were received about the Jolly Jamboree. City Manager Frank stated with
Cathy Sills and enough volunteers, it can •- very successful.
2) Announced the date, time and location of the Cinco De Mayo Block Party.
3) Thanked all •' who •-i in the election.
4) Asked the Commission to start thinking about the upcoming budget meetings.
5) Thanked Mr. Moyer and Commissioner Hart for their time and efforts.
6) Asked residents to watch their speed and • •• •' the •.•
7) Asked • something to •- placed • the •r• in downtown to • traffic i•
Melanie Sibbittt, ity (Clerk
SOM=-
Rusty kh)ron, Mayor
1, Ages Hart, do solemnly swear that I will support, protect
r; defend the Constitution and Government
United States of America and of the State of Florida, and
the Charter and Ordinances of the City of Ocoee; that I
will bear true faith, loyalty, •; allegiance•e the same;
that I am entitled to hold office under the State
Constitution and the City Charter; that I will faithfully
perform all duties oft e office of District 4 Commissioner
of the City of Ocoee, which I am about to enter, so help me
o.
............. . ......
Print Na e• {
SWORN and Subscribed before me this
13th day of March, 2023.
Melanie Sibbitt, City Clerk