12-06-2016 Minutesr I
MINUTES
DECEMBER 6, 2016 at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER- 7:15 PM
Mayor Johnson called the regular session to order at 7:15 p.m. in the Commission Chambers of
City Hall. The invocation was led by a local Pastor in the audience followed by the Pledge of
Allegiance to the Flag, led by Commissioner Keller. City Clerk Sibbitt called roll and
declared a quorum present.
Present: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner
Firstner, Commissioner Keller
B. PRESENTATIONS AND PROCLAMATIONS - 7:18 PM
Presentation for Life Saving Award to Corporal Nathan Koch.
Police Chief Brown gave a brief summary of the heroic event by Corporal Nathan Koch that
helped save the life of a victim who had been shot.
Presentation for Officer of the Third Quarter to Detective Andrew Motes by Deputy Chief
McCosker and the CACOPD Board Members.
CACOPD Chair Laney briefly shared the events that led to the selection of Detective Andrew
Motes as Officer of the Third Quarter.
CACOPD Chair Laney also briefly shared a charity event in support of the Ocoee Police
Department that is being sponsored by PetSmart.
Presentation of Seaplane Operation on Lake Apopka.
Orange County Commissioner Bryan Nelson briefly explained the Special Exception for a
Seaplane Operation that is being proposed on Lake Apopka near Ocoee in Orange County. The
proposed Seaplane Operation will be located on Walker Road off of Ocoee-Apopka Road. The
property is zoned commercial and they have already held Community Meetings. Joining him this
evening is a representative from the Seaplane Operations who will be available to speak with
anyone who is interested in getting more information. Additionally, Mr. Nelson can be reached
at Bry_an.Nelson @ocfl.net or 407-836-5850. Orange County Commissioner Bryan Nelson also
shared information on an ecotourism destination they are proposing for Magnolia Park.
C. COMMENTS FROM CITIZENS/PUBLIC - 7:31 PM
Victoria Laney, 828 Hammocks Drive, gave an update on the Week of the Family free events
that occurred in November. She further announced all the award winners who were from Ocoee
and participated in the Week of the Family contest.
D. STAFF REPORTS AND AGENDA REVIEW- None
E. COMMISSIONERS ANNOUNCEMENTS - 7:38 PM
Commissioner Keller—None
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Commissioner Firstner—None
Commissioner Wilsen — Thanked the Parks and Recreation Board and Parks and Recreation
Department for their Light up Ocoee event.
Commissioner Grogan—None
Mayor Johnson — Announced the following: 1) Operation Santa is taking place December 7th,
13th, 15th and 20th. Santa Claus and his helpers will visit the neighborhoods tossing candy and
spreading holiday cheer to children and families. When the float arrives, residents are being
encouraged to give Santa new, unwrapped toys. The toys will be donated to the Ocoee Police
Department's Holiday Toys for Kids in Need drive. For a complete list of the 64 subdivisions
Santa will visit, go to ocoee.org or call the Ocoee Fire Department at (407) 905-3140.
2) December 20th City Commission Meeting has been canceled due to the holidays. 3) The next
City Commission Meeting will be held on January 3rd, 2017. 4) Charter Review Commission
Meeting has been canceled this month due to the Holidays. The next scheduled meeting is
Wednesday, January 18th, 2017. 5) Community Grant Program Applications will be available
starting on January 3rd, 2017. The deadline to submit applications for the grant program is
January 31St. 6) Inquired about the Light Judging Contest and if that could be done this year. He
suggested doing the judging by districts. Commissioner Wilsen shared that the Parks and
Recreation Board will be doing a light judging contest next week on Monday, December 12th and
Wednesday, December 14th. Further discussion ensued regarding the light judging contest and
doing the judging by districts for next year.
F. CONSENT AGENDA- 7:45 PM
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1 -#18.
Moved by Commissioner Keller, seconded by Commissioner Wilsen; Motion
carried 5-0.
1. Approval of the Minutes for the Regular Commission Meeting held November 1, 2016.
(City Clerk Sibbitt)
Approved on Consent. Motion carried 5-0.
2. Approval of Appointment to the Human Relations Diversity Board (3-year term).
(City Clerk Sibbitt)
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. An application has been received by Billie Jean Daily, who has shown an
interest in being appointed to the Human Relations Diversity Board for a term ending May 2019.
Approved on Consent. Motion carried 5-0.
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3. Approval of Reappointment to the Citizen Advisory Council for Ocoee Police
Department and Appointment of New Member(3-year terms). (City Clerk Sibbitt)
Members of the Citizen Advisory Council for Ocoee Police Department serve a three-year term. The
Resolution creating the Board allows no more than fifteen (15) members. Currently, the Board has ten (10)
members. Two (2) members have terms expiring January 2017, and Terry Titus wishes to be considered for
reappointment for another three-year term, and Amy Clark declined reappointment at this time. Additionally,
one application has been received by Ocoee resident,Marc Bray,who has shown an interest in being appointed
to the Citizen Advisory Council for Ocoee Police Department for a term ending January 2020.
Approved on Consent. Motion carried 5-0.
4. Approval of Resolution of Support for the Florida Alliance of Boys and Girls Clubs.
(City Clerk Sibbitt)
The West Orange Boys and Girls Club has a long history in the City of Ocoee community of providing after-
school educational programs. The City of Ocoee was asked to support the Florida Alliance of Boys and Girls
Clubs in its request to the Florida Legislature of funding.
Approved on Consent. Motion carried 5-0.
5. Approval of First Amendment to Development and Economic Incentive Agreement for
City Center West Orange—Phase 1. (City Planner Rumer)
On September 6, 2016, the City Commission approved and executed a Development and Economic Incentive
Agreement for City Center West Orange -Phase 1,by and between CCWO Development Management, LLC,
WSCC Development,LLC,MB II,the City of Ocoee,and the Ocoee CRA, for the development of City Center
West Orange. Subsequent to the execution of the Original Agreement, which was on October 3, 2016, on
October 13, 2016, CBPW acquired the property fee simple from WSCC Development, LLC by a Special
Warranty Deed. By its acquisition of the above referenced parcels, CBPW must undertake all obligations
inuring to WSCC Development, LLC and CCWO Development Management, LLC under the Original
Agreement and by this Amendment.
Approved on Consent. Motion carried 5-0.
6. Approval of McCormick Reserve Phase 2 Plat. (Development Engineer Womack)
This plat is for Phase 2 of the McCormick Reserve subdivision. The McCormick Reserve subdivision is
located on the south side of West McCormick Road between the Brynmar Subdivision and the Kensington
Manor Subdivision. The overall subdivision contains approximately 134 single-family residential lots on
approximately 45.09 acres of land. The McCormick Reserve subdivision features two residential lot sizes —
50'x120' and 60'x120'.Ryan Homes is the homebuilder for this non-gated subdivision.The Phase 2 portion of
the development comprises 68 of those lots on approximately 15 acres of land. Platting is due to occur prior to
the subdivision receiving a Certificate of Completion;therefore,the developer has provided a Surety(Letter of
Credit) for the remaining public improvements. In the case of the McCormick Reserve subdivision, the only
outstanding public improvement is the completion of the subdivision roads for Phase 2. The subdivision is not
planned to be gated;therefore,a Traffic Enforcement Agreement is not necessary.
Approved on Consent. Motion carried 5-0.
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7. Approval of the Second Supplement to Master Water and Sewer Bond Resolution
2016-017. (Chief Accountant Briggs)
The City Commission adopted the Master Water and Sewer System Bond Resolution 2016-017 on November
1, 2016. As the final documents for the 2016 Water and Sewer Refunding and Revenue Bonds issue reach
completion, a request for clarification related to future defeasance was made. At the recommendation of
counsel,the attached amendment is before the Commission for approval.
The revision is a supplement to Section 6.03(B), clarifying that in the unlikely event of a defeasance
undertaken with municipal bonds, that the securities for the underlying escrow will be secured with cash or
non-callable obligations of the United States of America and unconditionally guaranteed as to the timely
payment of principal and interest by the United States of America.The supplement further requires verification
agent review and reporting as to "defeased municipal bonds." The City Manager, Finance Director, Financial
Advisor and Bond Counsel understand that making this change,which supplements the verification provisions
for water and sewer bonds,has no detrimental effect and has no additional cost for the City.
Approved on Consent. Motion carried 5-0.
8. Approval of Allocation of Funds to Cover Shortages in General Fund Expense
Accounts for FY 2016. (Finance Director Horton)
Expenses for general fund legal services and Fire Department salaries exceeded budgeted amounts for Fiscal
Year 2016. Funds need to be transferred to cover these shortages since there are not excess funds available in
the departments.
Approved on Consent. Motion carried 5-0.
9. Approval of Tenant Estoppel Certificate and Subordination, Non-Disturbance and
Attornment Agreement for Fountains West Shopping Center. (Fire Chief Miller)
In a lease dated May 7,2012, the City of Ocoee and Ocoe, LLC, entered into an agreement for the Ocoee Fire
Department to lease approximately 1,440 square feet of space located in the Fountains West Shopping Center.
In 2015, the lease was extended for an additional two-year period and is due to expire in May 2017. At this
time,Fountains West Shopping Center is being refinanced. Pursuant to Section 11.01 and Section 22.11 of the
lease agreement, the City as Tenant agrees to promptly consent to and execute documents required for the
landlord to complete its transaction.These documents,a Subordination and Attornment Agreement and Tenant
Estoppel Certificate,have been provided for approval by the City Commission and execution by the Mayor.
Approved on Consent. Motion carried 5-0.
10. Approval to use $4,811.83 of the Pre-Planning Incident Software to cover the CAD to
RMS Interface. (Fire Chief Miller)
The Ocoee Fire Department's CAD to RMS interface allows for the City's software to communicate with the
Orange County Fire Department's CAD system, which is essential for reporting and compliance with the Fire
Dispatch Services Interlocal Agreement with Orange County. The approved City budget includes the purchase
of the CAD to RMS Interface at a not-to-exceed amount of$8,578.50. The amount normally billed annually
for CAD services by Orange County under the adopted Interlocal Agreement slightly exceeded the expected
amount, which resulted in a shortfall of $4,811.83 needed to complete the purchase of the CAD to RMS
interface. The additional amount will come from the following account: Pre-planning Incident Software 001-
522-00-6405 -$4,811.83.
Approved on Consent. Motion carried 5-0.
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11. Approval of Renewal of Radio Services Agreement with Motorola, Inc. (Police Chief
Brown)
In November 1995, the Honorable Mayor and Board of City Commissioners authorized the purchase of the
Motorola 800 MHz Radio system,which is still being utilized by the City in conjunction with Orange County's
radio system. Also purchased with the radio system was a service maintenance agreement. The agreement is
required for equipment that is no longer under factory warranty. Included in the agreement is all covered radio
equipment currently owned by the City of Ocoee with the exception of the radio equipment purchased by the
City for the Fire Department. The cost of the service agreement for the next 12 months is$23,943.36.
Approved on Consent. Motion carried 5-0.
12. Approval of Update and Renewal of Municipal Inter-Local Voluntary Cooperation
Mutual Aid Agreement. (Police Chief Brown)
Currently,the City of Ocoee Police Department participates in a Municipal Inter-Local Voluntary Cooperation
Mutual Aid Agreement with the Cities of Apopka, Belle Isle, Eatonville, Edgewood, Maitland, Orlando,
Winter Garden, and Winter Park, the Towns of Oakland and Windermere, the University of Central Florida,
and the Florida Agricultural and Mechanical University Department of Public Safety. As these law
enforcement agencies are located in close relation to each other, it is to the advantage of each to receive and
extend Mutual Aid in the form of law enforcement services and resources to adequately respond to continuing,
multi jurisdictional law enforcement problems, so as to protect public peace and safety,preserve the lives and
property of people, and in intensive situations, including but not limited to emergencies as defined under
Section 252.34 Florida Statutes. This agreement expires on January 1,2017.
The participating agencies have agreed to expand the Municipal Inter-Local Voluntary Cooperation Mutual
Aid Agreement by including the Cities of Kissimmee and St. Cloud, which also interact closely with the
participating agencies. The Florida Agricultural and Mechanical University Department of Public Safety has
been removed from the agreement. Additionally,the agreement has been revised to include the ability to aid in
the arrest of fleeing suspects,continuing investigations,and the service of search warrants,which enter into the
jurisdictional boundaries of another participating agency.
Approved on Consent. Motion carried 5-0.
13. Approval to Award the Continued Administration of the Abandoned Residential
Property to Community Champions. (Police Chief Brown)
The City of Ocoee established an Abandoned Residential Property Program as a mechanism to protect
residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of
abandoned properties. These properties not only create code violations, but they also produce fire hazards,
attract children, and the homeless. They are taken over by squatters and house criminal enterprises. These
issues are compounded when the individual property ownership is being disputed and the property does not
have up to date contact information. Without a registry the police and code enforcement are unable to
prosecute or even trespass the individuals involved, leaving the properties to further neglect and the
neighborhoods blighted. The Vacant Property Ordinance established a registration requirement for abandoned
properties or properties in the process of foreclosure. This registry has provided a database for police,fire and
code enforcement personnel to utilize immediately in order to deter continued neglect of these properties and
the negative effects they have on the community. Community Champions, once Federal Property Registration
Corp.,has been administering this registry for the City of Ocoee to include: records administration,providing
interne website registration, fee payment,and fee collection,monthly financial and registration reporting,data
tracking and status updates. To date,Community Champions has remitted$253,700 to the City of Ocoee with
no actual cost to the City.
Approved on Consent. Motion carried 5-0.
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14. Approval of Resolution to Specifically Designate The Vineyards as a Golf Cart
Community. (Police Chief Brown)
The City has an ordinance in place authorizing the use of golf carts(the "Golf Cart Ordinance") within certain
communities and streets pursuant to the provisions of Article III of Chapter 153 of the Ocoee City Code. The
purpose of this Resolution is to specifically designate the following subdivision as a Golf Cart Community as
defined in the Golf Cart Ordinance: The Vineyards. Public Works will install road signs and a map will be
posted on the City's website in order to inform the public of the boundaries.
Approved on Consent. Motion carried 5-0.
15. Approval of Lake Prima Vista Nutrient and Hydrologic Management Plan with Amec
Foster Wheeler. (Public Works Director Krug)
The Public Works Stormwater Division, the Florida Fish and Wildlife Conservation Commission (FWC),
along with adjacent residents,have observed a visible change in the water quality of Lake Prima Vista over the
last two years. The City participates in the University of Florida's volunteer Lakewatch water quality
monitoring program to determine the health of the City's lakes. Utilizing the Lakewatch data, Lake Prima
Vista has recently been labeled an "Impaired Water" by the Florida Department of Environmental Protection
(FDEP) due to elevated nutrient concentrations. Working with FWC, FDEP, St. Johns River Water
Management District and other municipalities who have experienced similar impairment issues, it was
determined the City needed to secure the services of a firm which specializes in environmental restoration
measures. The unique nature of the nutrient loading requires specialized testing to determine corrective action.
Amec was recommended by peers, along with other Municipalities and Environmental Firms for their
qualifications and expertise to sample, evaluate and determine the required corrective actions. Amec has
current contracts with Orange County for lake management, Seminole County for stormwater management and
permitting along with continuing services contracts with the Lake County Water Authority and City of
Maitland. The Amec team has local experience with similar issues, particularly with the Lake County Water
Authority on the chain of lakes taking effluent from Lake Apopka. Amec also has an unrelated continuing
contract with Ocoee for surveying and mapping.
Public Works has met with Amec to derive a detailed sampling program in order to create a water quality
improvement plan with a projected fourteen(14)month completion time. Public Works recommends waiving
the formal bid process for this specialized environmental work and issuing a purchase order to Amec to
proactively determine the nutrient loading source and corrective actions required to maintain Lake Prima Vista
as a healthy water body. Public Works has been in contact with other municipalities to verify the pricing is in
line with the scope of work and the$62,297.19 negotiated for these services fall within industry standards and
is adequately funded in the Stormwater Division.
Approved on Consent. Motion carried 5-0.
16. Approval of Traffic Signal Maintenance Agreement with Control Specialists. (Public
Works Director Krug)
The Commission approved utilizing Control Specialists for traffic signal maintenance at the September 15,
2009, meeting by piggy-backing on an existing City of Maitland Agreement. The agreement with Control
Specialists has provided proactive inspections and repairs for maintaining the City's traffic signals. Maitland's
original contract expired and a new two-year contract has been executed with Control Specialists. Public
Works is requesting Commission approval to continue contracting with Control Specialists by piggy-backing
on Maitland's new agreement for Signal Maintenance. Control Specialists is maintaining their pricing from
the previous agreement without a price increase. Public Works meets several times per year with the FDOT
and local agencies from Orange, Osceola and Seminole Counties to discuss signalization maintenance and
operations. Public Works has determined from discussions at the regional meetings that Control Specialists
continues to provide the most cost-effective service option for Ocoee to proactively maintain our City's signal
system. The adopted budget amount for FY 2017 is $57,000, including services for monthly inspections and
maintenance along with unanticipated repairs and upgrades. Public Works recommends piggy-backing on the
Maitland agreement with Control Specialists for the two-year term with an optional one-year extension.
Approved on Consent. Motion carried 5-0.
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17. Approval of Code Enforcement Foreclosure of Fine/Lien for A9 Estates LP; Re: 1517
Ison Lane. (Assistant Support Services Director Gaines)
This property was cited on May 1, 2012, for an expired/suspended/un-inspected owner/builder electrical
permit. The code in violation was §51-13, Work Without a Permit. On June 26, 2012, the Code Enforcement
Board issued an order to comply by July 13, 2012, or be fined $150.00 per day. On July 24, 2012, the Code
Enforcement Board imposed the accruing fine and lien as of July 13, 2012, for non-compliance of§51-13.
The new property owner,A9 Estates LP,purchased the property for$116,300 on April 7,2016. The property
is still in non-compliance, but was re-cited listing the new owner. The owner at the time of the violation,Joy
Lynn Krumweide, lost the property to HSBC Bank USA, National Association on January 8, 2016. A
Certificate of Service of Final Judgement of Foreclosure was issued naming the City of Ocoee. The City's
$237,750 lien was dismissed during foreclosure. After detailed research with the Assistant City Attorney, it is
recommended the fine/lien be erased due to the foreclosure.
Approved on Consent. Motion carried 5-0.
18. Approval of Water Main Relocation Proposal in Conjunction with S.R. 50 Widening
Project by West Colonial Ocoee Development. (Utilities Director Smith)
The State Road 50 (Dash - 3) Project calls for certain City water and sewer mains to be either relocated or
replaced, subject to the new roadway widening configurations. One water main located on the north side of
the highway between Bluford Avenue and Maguire Road is being replaced due to its location and non-
conforming material composition. The west end of the main, which will be within the Maguire Road
intersection,will be very difficult to install,and future maintenance on the line would be very complicated due
to all its conflicts with other utilities and the traffic control device. Currently, the West Colonial Ocoee
Development(former Sabal Hotel)calls for certain water main improvements,which,if enhanced upon, could
be used as a more favorable alternate route for the City's new main. Staff has reached out to the developer,
who has agreed to install the line in the amount of$46,860. The estimated cost to have the line installed by the
FDOT contractor is$48,370.Utilizing the West Colonial Ocoee proposal,the City will realize a net savings of
$1,510. In addition to the savings, West Colonial Ocoee Development has agreed to provide a 10' (ten foot)
wide utility easement centered over the installed water main. Furthermore, the West Colonial Ocoee
Development sanitary sewer outfall currently connects to the City's gravity sewer main as a service with no
access to the connection, and is located in the State Road right-of-way outside of the existing pavement. The
tie-in after the widening project shall be under pavement with no maintenance access. The City had planned to
utilize FDOT's Lane Construction to convert the tie-in to a sanitary manhole connection, but now due to cost
and coordination, is recommending that West Colonial Ocoee Development construct the manhole. The
estimated cost for Lane to do the work is over$8,500,and West Colonial Ocoee Development has proposed to
construct the manhole for$7,800.
Approved on Consent. Motion carried 5-0.
G. PUBLIC HEARING - 7:45 PM
19. Toll Road Brewing Company Special Exception with Waiver, Project #1-16-SE-025.
(Advertised in the West Orange Times on Thursday,November 24, 2016.) (City Planner Rumer)
The subject property consists of an existing one-story 2,988 square-foot building,constructed in 1960,which is
located at the northwest corner of McKey Street and Cumberland Avenue. The applicant is proposing to
convert the existing 2,988 square-foot building to a microbrewery. The existing building will be remodeled
with a 550 square-foot brewery area, 900 square-foot taproom, and a 550 square-foot patio with parking areas
located in front of the building, under a covered garage. On-street parking is also available on McKey Street
from Bluford Avenue to the Kissimmee intersection. The proposed Toll Road Brewing Company's operation
will be a locally-owned small craft brewery located in Downtown Ocoee. Toll Road Brewery will focus on
brewing traditional beer styles while providing a comfortable family and pet friendly environment. The
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Brewery will consist of a 550 square foot, 3 barrel(93 gallon)brew house. The taproom/bar will be located in
another 900 square feet with approximately 34 seats. An outdoor covered patio will have approximately 40
seats. The taproom will have 10-12 taps serving 8-10 house-brewed beers with 2-4 guest taps as well as a wine
selection.There will be two unisex restrooms and televisions.A possible small stage for acoustic music will be
provided from time to time. The outdoor space will include a large patio that is covered and additional room
in the back for games/family activities. Other improvements will include a new awning along the McKey
Street frontage. The applicant has requested one (1) waiver from the requirements of the City of Ocoee
Municipal Code. The waiver that is being requested is to City Code Article II Sale of Beverages § 38-5. Staff
recommends the Honorable Mayor and City Commissioners approve the Special Exception for Toll Road
Brewery with the waiver request.
City Planner Rumer presented a brief overview of this special exception for the proposed
microbrewery at the corner of McKey Street and Cumberland Avenue. The zoning for this
property is Community Commercial (C-2), and under the Land Development Code a bar is
possibly a permitted use with a special exception. The subject property consists of an existing
one-story, 2,988 square-foot office building, which was constructed in 1960.
City Ordinance No. 2003-33 states locational requirements pertaining to any place of business in
which alcoholic beverages are sold and states, "No such place of business shall be less than
1,000 feet from an established church or school, which distance shall be measured by following
the shortest route of ordinary pedestrian travel along the public thoroughfare from the main
entrance of said place of business to the main entrance of the church or school." Therefore, a
waiver is being requested by the applicant as to City Code Article II Sale of Beverages§38-5.
City Planner Rumer further explained the proposed brewery in more detail, which will consist
of a 550 square-foot, three-barrel (93 gallon) brew house. The taproom/bar will be located in
another 900 square feet with approximately 34 seats. An outdoor covered patio will have
approximately 40 seats. The taproom will have 10-12 taps serving 8-10 house-brewed beers with
2-4 guest taps. There will be two unisex restrooms and televisions, possibly a small stage for
acoustic music from time to time. The outdoor space will include a large patio that is covered
and additional room in the back for games/family activities such as Cornhole, giant Jenga, and
Pictionary. Other improvements will include a new awning along the McKey Street frontage.
Currently there are eight (8) on-site parking spots available with 23 on-street parking spaces
available on McKey Street from Bluford Avenue to the Kissimmee intersection.
City Planner Rumer indicated currently there are four(4) places of worship within 1,000 feet of
this proposed establishment, which is why the applicant has requested the waiver. The proposed
hours of business are as follows: Monday/Tuesday, closed; Wednesday/Thursday 5:00 pm to
10:00 pm; Friday 4:00 pm to midnight; Saturday 11:00 am to midnight and Sunday 1:00 pm to
8:00 pm. This microbrewery will not be selling food, but the patrons will be allowed to bring
food in or have it delivered.
City Planner Rumer explained the criterion with this special exception, which takes into
account the surrounding properties. The surrounding properties are all zoned Community
Commercial (C-2) except the north parcel, which is zoned Residential (R-1). The C-2 properties
include a retail building on the east, strip retail to the south and a legally nonconforming single-
family residential dwelling to the west. The R-1 property is a single-family dwelling to the north.
He expressed with the Downtown Development Plan the City intends to be a proponent of this
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type of development on McKey Street and the rebuilt Oakland Avenue with said properties to
become primarily mixed-used residential/commercial/retail.
Duane Morin, 1503 Ison Lane, Ocoee, Applicant, presented a PowerPoint presentation
regarding their proposed business, Toll Road Brewing Company, which emphasized the
demographics and highlights of craft beer and microbreweries. He concluded by stating they are
not a bar, will not serve liquor and will not be open until 2:00 a.m. He indicated craft beer is a
premium product with a premium price, which entails no happy hours and beers are typically $6
and up. Consumers will pay the premium to enjoy this locally-made product. He asks the Board
to grant this special exception and prove that Ocoee is progressing and moving forward, which
will attract future businesses to this area.
As no Members on the Board had questions for the Applicant, Mayor Johnson opened the
public hearing.
The following spoke in opposition of the special exception:
• M.E. Malik, 120 Floral Street
• George Harris, 1735 Glenhaven Circle
• Scott Graber, 405 Apricot Drive
• Angela Harris, 1735 Glenhaven Circle
• Michael Harris, 1735 Glenhaven Circle
• Margaret Marquis, 203 South Cumberland Ave.
• Mark Battaglia, 9224 New Orleans Drive, Orlando
• Keith Olander, 312 Wurst Road
• Abdullah Hakeem, 217 South Kissimmee
• Carl Shaheed Saywacklall, 3211 Seminole Street, Gotha
• David Hartbarger, 7 South Lakewood Avenue
• Sharriff Muhammed, 751 East Silver Star Road
The following spoke in favor of the special exception:
• Sean Gleason, 30 West McKey Street
• Tim Alcuri,resident of Ocoee
• Juan Rios, 14 West McKey Street
• Martha Lopez-Anderson, 2438 Alclobe Circle
Mayor Johnson closed the public hearing.
(Recess 8:50 p.m. to 9:00 p.m.)
Commissioner Keller expressed he likes the project and believes this is a really good start to the
new downtown.
Commissioner Firstner inquired if the hours of operation conflict with any of the worship
service hours for any of the nearby churches. The audience answered in the affirmative, and a
gentleman from the audience indicated it conflicts with Sunday and Wednesday night services.
Commissioner Firstner suggested the Board think about that, because they do not want
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conflicts between the operation of the business and worship services, but he believes there needs
to be fair middle ground.
Commissioner Wilsen acknowledged she understands this is economically beneficial for the
City, but conveyed certain issues such as parking and churches in the vicinity of this proposed
project. The two main reasons she is against this is parking, and she would like to see this as a
restaurant, because the residents have been asking for restaurants.
Commissioner Grogan emphasized that the City cannot pick what businesses open within the
city. He thanked the business owners of the proposed Toll Road Brewing Company for choosing
the City of Ocoee for their location.
Mayor Johnson commented on the different grocers, restaurants and bars that sold alcohol
around this same area when he was a kid and how it did not affect him, because he was raised to
know better. He indicated the facts need to be faced, which is to make a change, and that is what
this variance is for, or the city will sit in the same predicament as it has been in years past.
Motion: Move to Approve the Toll Road Brewing Company Special Exception
with the requested Waiver, Project #1-16-SE-025, subject to the resolution of staff
comments.
Moved by Commissioner Keller, seconded by Commissioner Firstner; Motion
carried 4-1 with Commissioner Wilsen opposing.
H. FIRST READING OF ORDINANCE - 9:13 PM
20. First Reading of Ordinance for a Temporary Moratorium on Development Relating to
Medical Cannabis Activities. (Second Reading and Public Hearing scheduled for January 3, 2017,
Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Planner Rumer)
In the 2014 legislative session, the Florida Legislature passed CS/CS for Senate Bill 1030 allowing for the
compassionate use of low-THC and medical cannabis by qualifying patients.This bill,now codified at Section
381.986, Florida Statues, allows for the establishment of approved dispensing organizations around the state.
At the general election on November 8, 2016, Florida voters approved a Constitutional Amendment to allow
the use of marijuana for debilitating medical conditions. Implementation of the Constitutional Amendment will
increase the opportunities for the establishment of dispensing organizations around the state.
Dispensing organizations are a new and unprecedented land use in the state of Florida. For this reason, City
staff has determined that the City's existing land development regulations must be amended to address this
type of use. For example, regulations relating to zoning location must be created. In order to develop such
regulations, City staff recommends a one-year moratorium be established on the processing and consideration
of applications for any City approval, including, but not limited to, development orders, development permits,
and building permits, relating to establishment of medical cannabis activities, as this term is defined in the
ordinance.
City Attorney Cookson read the title of the Ordinance. Second Reading scheduled for January
3, 2017, Regular City Commission Meeting at 7:15 p.m. or soon thereafter.
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Regular City Commission
December 6,2016
I. REGULAR AGENDA - 9:14 PM
21. Review of hours for City Parks. (Parks and Recreation Director Hayes)
The City Commission had requested staff bring back information regarding the hours in which parks are open
for use by the public. On March 5, 2013, the City Commission approved amending the Code of Ordinances,
Chapter 124,governing the rules and regulations for the use of city parks, which included amending the hours
for which parks are open for public use. It provided for neighborhood parks to be open from 7:00 am.to 9:00
pm.and community parks to be open from 7:00 am.to 11:00 pm. Parks and Recreation Department staff have
met with Police Department staff to review the hours of use for all city parks. Staff has also reviewed police
calls for service associated with some of the parks in question; and based upon this review, staff has prepared
several options for the closing of the neighborhood parks based upon existing facilities within the park and the
intended use of those facilities. Based upon this information, staff is recommending keeping the hours of use
for all community parks, such as Central Park,Bill Breeze/Lakefront Park,Vignetti Park, Sorenson Fields,Jim
Beech Center and Tiger Minor Park as currently approved between 7:00 am.and 11:00 pm.
Staff is proposing several options for the Commission's consideration regarding the hours of use for
neighborhood parks,which include:
• Option 1: Close all neighborhood parks at a time based upon Eastern Daylight/Standard Time.
• Option 2: Close all neighborhood parks 30 minutes past sunset.
• Option 3: Close all neighborhood parks at 8:00 pm all year.
• Option 4: Keep current closing hour of 9:00 pm all year.
Parks and Recreation Director Hayes shared that at a previous meeting in October the City
Commission requested the Police Department and Parks and Recreation Department discuss and
review the park hours so they may bring back consideration of amendment of the hours of some
of the City parks. Staff also reviewed police calls for service associated with some of the parks in
question; and based upon this review, staff has prepared several options for the closing of the
neighborhood parks based upon existing facilities within the park and the intended use of those
facilities. A brief PowerPoint was presented summarizing the classification of parks and the
current hours of operation as approved and in place in the code, comparison of park hours for
Central Florida Communities, incident reports at Hackney Prairie Park, and options for park
hours.
Commissioner Grogan suggested the City stay consistent with the neighboring City of Winter
Garden who is closing lighted parks at 10 pm and all other parks at sunset.
Tim Alcurri, Ocoee resident, said that almost a year ago he brought up this discussion when he
addressed the board regarding the Hackney Prairie Park. He thanked the Commission for
addressing this issue again and shared that any consideration of park hours closing around sunset
would be greatly appreciated. He lives across from Hackney Prairie Park and the issues have not
been as bad as they previously were.
Commissioner Wilsen said that she would agree with Commissioner Grogan on having lit parks
close at 10 pm and all other parks close at sunset.
Commissioner Firstner shared that he also agrees with Commissioner Grogan on using the City
of Winter Garden park hour's regulations. He suggested not complicating it with the 30 minutes
to sunset option.
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Regular City Commission
December 6,2016
Commissioner Keller reiterated the comments shared by the Commission and further asked how
late the ballfields stay open. Parks and Recreation Director Hayes shared that some activities
do extend past 10 pm but an exception can be added into the ordinance that would allow later
hours for those activities. Further discussion ensued regarding the current ordinance and
amending the verbiage for organized activities that are approved by the Parks and Recreation
Department. Consensus of the Commission was to direct staff to bring back an
ordinance that follows the park hours of the City of Winter Garden and to also
clean up the language in the ordinance so that it is more appropriate for those
organized sports within the City.
22. Police Tow Contract Renewal for Consideration and Discussion. (Police Chief Brown)
The City of Ocoee entered into a towing contract on March 1, 2014, with three tow companies, which were
selected to participate in the contract on a rotation basis. The three tow companies are Ace Towing, Car Store
Towing, and Sly's Towing. The contracts are set to expire on February 28, 2017; however, each contains two
one-year automatic extensions. Based on an assessment of the companies' performance and the contractual
requirements,two of the companies have been operating in a satisfactory manner with minor issues. The third
company, Ace Towing, has had significant delays in responding to requests, and their facilities are further
outside of the contractual requirements in comparison with the two other vendors.
Police Chief Brown advised that back in March of 2014 they picked three tow companies, Ace
Towing, Car Store Towing and Sly's Towing, which were selected to participate in the contract
on a rotation basis. This past year one company, Ace Towing, has had performance issues. Over
21 percent of the time they were late, and there were five no responses to PD calls. Last month
in November the City initiated an inspection of the tow facilities. They were all in compliance
except for Ace Towing. He indicated they would like to move forward with the one-year
renewals of Car Store and Sly's Towing per the current contracts. He is recommending that the
City does not renew the Ace Towing contract.
Joseph Reek, CEO/General Manager of Ace Wrecker, Inc., 1705 East Jersey Avenue, Orlando,
inquired if the City can grant him an extension to mid-January for a new inspection. He
indicated that Ace Wrecker has done numerous jobs for the City, and they carry the heaviest
equipment for the City. He said Car Store assists them with the jobs. He indicated there are a
few things that have been brought to his attention that were not being taken care of, but
expressed he will get this fixed as soon as possible. He is asking for a re-inspection in mid-
January with a follow-up with the Board in February.
Police Chief Brown clarified that he is only looking at past performance, and that the ability to
fix any outstanding issues would be up to the Board. He advised the contracts are individual
contracts, which the Board can renew two contracts and make a determination on the other
contract at a different time.
Commissioner Grogan said he believes this was approved as a test period, and he is siding with
the Chief's recommendation to renew the first two contracts.
Commissioner Wilsen indicated she is very disturbed that the inspection report listed one of the
cars stored in secure storage for evidence in a death case had one of the doors open when upon
completion of the examination both doors had both closed, and there was no video to show if
anyone had tampered with this car. It is unknown who opened the door. Had the video cameras
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Regular City Commission
December 6,2016
been working when this occurred any possible tampering with evidence could have been
determined. Mr. Reek answered that the investigation had all been completed at that point in
time.
Commissioner Firstner inquired if he has any plans to address the performance issues;
specifically, the 21 percent late arrival. Mr. Reek answered that his industry is probably one of
the toughest industries for employment, and indicated they train all the time. He said that the
City of Ocoee has grown very large and traffic is very heavy, and it is because of traffic that it
takes them so long to arrive. He further commented that he is very proud of the fact that they
carry more than 70 percent of the heavy iron in Orange and Osceola Counties.
Commissioner Keller shared that his biggest issue is also the lack of video and security
involved with the investigation that is stated on the staff report. He is questioning what he is
intending to change in January. Mr. Reek said he has a security company that is about to take
over that whole area and monitor it.
Mayor Johnson indicated he believes the late performance issues and lack of security are big
problems. He asked for a motion to be put on the table.
Commissioner Wilsen inquired about the skates; and further, indicated that Car Store only has
two of the eight required vehicles skates necessary to move vehicles around and secure storage.
She further asked if Sly's Towing corrected the fee schedule and the skates.
Mayor Johnson asked Chief Brown if his recommendation is Car Store and Sly's Towing, and
Chief Brown answered in the affirmative.
Motion: Move to renew the contracts for Car Store and Sly's Towing per the
current contracts; and further, to not renew Ace Towing.
Moved by Commissioner Keller, seconded by Commissioner Grogan; Motion
carried 5-0.
23. Appointment of a Districting Commission, in Accordance with the City of Ocoee
Charter,Article XI, Section C-66. (City Clerk Sibbitt)
Article XI, Section C-66 of the Charter: The City Commission shall establish a Districting Commission after
November 15, 1991,but no later than December 15, 1991,and every five(5)years thereafter(i.e., 1996,2001,
2006, etc.) a new Districting Commission shall be appointed by the City Commission after November 15, but
no later than December 15 of that year. A Districting Commission may also be appointed by the City
Commission at such other times as deemed necessary by the City Commission. The Districting Commission
shall consist of five (5) members who shall be appointed by majority vote of the City Commission and who
shall serve on such commission for terms of one (1) year, unless such terms are extended by the City
Commission.
On August 16, 2016, the City Commission voted unanimously to allow residents to apply by November 18,
2016, for consideration to be appointed to the Districting Commission. Only three (3) residents have applied
prior to the November 18th deadline. Therefore, in consultation with City Attorney Cookson, it has been
asked that the City Commission bring forth a nominee for the Districting Commission to the December 6th
City Commission meeting.
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Regular City Commission
December 6,2016
City Clerk Sibbitt announced applications that were submitted for the Districting Commission
by the November 18th deadline were provided to them in their agenda packets. Only three (3)
residents applied prior to the November 18th deadline. The City Charter requires that the
Districting Commission consist of five (5) members and that they be appointed no later than
December 15th which is why the Commission was also notified to bring forth a nominee for
appointment.
Mayor Johnson inquired what districts the three (3) applicants resided. It was shared that Lou
Forges and Rob McKey were both from District 2 and Gregory Keethler resided in District 1.
Commissioner Firstner shared that he has chosen Edward Strickland to be his appointment for
District 3.
Commissioner Keller shared that he has chosen James Thomas as his appointment for District
4.
Commissioner Wilsen announced that for District 2 she would like to have Lou Forges
appointed as Mr. McKey is very active on many other boards and it is nice to have a new
volunteer.
Mayor Johnson shared that he would like to have Michael Hopper as his appointment to the
board.
Motion: Move to appoint the following five (5) applicants to the Districting
Commission: Gregory Keethler, Edward Strickland, James Thomas, Lou Forges,
and Michael Hopper.
Moved by Commissioner Wilsen, seconded by Commissioner Grogan; Motion
carried 5-0.
24. Update on Federal Lobbyist Services,RFP 16-001. (City Attorney Cookson)
On April 5,2016,the City Commission held a special meeting for the purpose of hearing vendor presentations
in response to RFP 16-001, issued December 20, 2015, relating to federal lobbyist services. At the April 5,
2016 special meeting, the City Commission heard presentations from the following vendors: Global
Development Business Consulting, Inc., Alcalde & Fay, Ltd., Inc., and Capitol Counsel, LLC. After hearing
the presentations,the City Commission selected Global Development Business Consulting,Inc.(Global)as the
federal lobbyist firm to provide services on behalf of the City. As had been stated in Global's presentation,the
City awarded the contract contingent upon Global's merger with the law firm, Akerman, LLP. The vote also
provided that in the event the merger did not happen, the City would award the contract to Alcalde & Fay,
Ltd.,Inc.
Because the Global-Akerman merger had not yet occurred, on June 21, 2016, Mr. Bracy, principal at Global,
provided the City Commission with an update on the status of the Global-Akerman merger. At that time, the
City Commission voted to approve moving forward with Global as the federal lobbyist and allowing Global to
sub-contract with Akerman until such time as a Global-Akerman merger was finalized. The motion further
provided that, in the event the merger between Global and Akerman was not finalized by November 30,2016,
the City would have the right to terminate the contract with Global. To date, the City has not received
information from Global confirming the merger. The City now has the right, but not the obligation, to
terminate the contract with Global.
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Regular City Commission
December 6,2016
City Attorney Cookson shared that almost a year ago the City went out for an RFP for the
Federal Lobbyist Services and they had three vendors present before the Commission. After
hearing the presentations, the City Commission selected Global Development Business
Consulting, Inc. (Global) as the federal lobbyist firm to provide services on behalf of the City.
As had been stated in Global's presentation, the City awarded the contract contingent upon
Global's merger with the law firm, Akerman, LLP. The vote also provided that in the event the
merger did not happen,the City would award the contract to Alcalde & Fay, Ltd., Inc.
Because the Global-Akerman merger had not yet occurred, on June 21, 2016, Mr. Bracy,
principal at Global, provided the City Commission with an update on the status of the Global-
Akerman merger. At that time, the City Commission voted to approve moving forward with
Global as the federal lobbyist and allowing Global to sub-contract with Akerman until such time
as a Global-Akerman merger was finalized. The motion further provided that, in the event the
merger between Global and Akerman was not finalized by November 30, 2016, the City would
have the right to terminate the contract with Global. To date, the City has not received
information from Global confirming the merger. The City now has the right, but not the
obligation, to terminate the contract with Global.
Mayor Johnson commented that he has received information from Global that the Rose Hill
mailing address which was a major issue, has gone through the House and is waiting on the
Senate. He is proposing if this can be brought back in February so they can wait to see what
happens. Commissioner Keller shared that he would rather wait until January before making a
decision. Commissioner Grogan inquired if waiting would automatically put the City into a
contract. City Attorney Cookson advised that would not put them into a contract but would
allow them to terminate any point until a merger has occurred. If the merger does occur before
the end of the year then they would lose the right to terminate. Commissioner Wilsen asked the
opinion of the attorney. City Attorney Cookson shared he does not have an opinion but only
brought this forward because the Commission set the time as November 30th and now would be
the time to terminate if they chose to do so. He has not personally been in communication with
Mr. Bracy to know where the Rose Hill issue stands. Mayor Johnson further shared that he has
a meeting this week with Senator Rubio regarding the zip code issue. Commissioner Wilsen
asked for legal advice. City Attorney Cookson shared that legally the Commission can
terminate but if they do not want to terminate then they do not need to take any action.
Commissioner Keller shared that he would rather continue with Global as this is the furthest
they have gotten with the mailing address issue.
Commissioner Wilsen inquired if they would want to continue with their State lobbyist contract
with Gray-Robinson and if it is beneficial to the City with what they are paying them. City
Manager Frank shared that the contract can be cancelled with 30 day notice. Commissioner
Grogan commented that maybe they can bring this back once they have more information. Brief
discussion ensued.
Motion: Move to have staff bring forth discussion on the State Lobbyist at the
upcoming January 3rd Commission Meeting.
15 1' age
Regular City Commission
December 6,2016
Moved by Commissioner Wilsen, seconded by Commissioner Keller; Motion
carried 5-0.
City Manager Frank clarified that for the Federal Lobbyist the only written documentation they
have is to pay Global until November 30`}'. If they would like to extend the contract with Global,
he would request they make a motion so they would have the necessary approval they need to
pay Mr. Bracy.
Motion: Move to continue the services with Global for the Federal Lobbyist
Services until the end of January.
Moved by Commissioner Keller, seconded by Commissioner Firstner; Motion
carried 5-0.
25. Options Regarding the Code Enforcement Board (CEB). (City Attorney Cookson)
On October 25, 2016, the City of Ocoee Code Enforcement Board (CEB) considered an action brought by
Code Enforcement on property located at 1 Taylor Street. Following a CEB ruling finding a violation, but
allowing an unprecedented 22 months for the property owner to come into compliance with the City Code,
City staff began exploring options and alternatives to ensure more consistent and reasonable code enforcement
adjudication in the future. A previous memorandum to the City Commission was circulated by the City
Attorney on November 1, 2016, summarizing the matter and offering some options that the City might
consider with regard to future code enforcement adjudication. Following a brief discussion at the November 1,
2016, City Commission meeting, the Commission requested additional information on the City's options to
support and encourage more meaningful enforcement of the City's codes while maintaining the CEB. If the
City intends to maintain the CEB, staff recommends that a meaningful application and vetting process be
established regarding appointees to the CEB. Staff recommends that the City Manager or his designee reach
out to the community to encourage qualified applicants to apply and to review applications for CEB positions
to ensure that qualified appointees are selected for the CEB. Qualified applicants would be those persons,
selected when possible, from the following professional groups: an architect, a businessmen, a general
contractor, a subcontractor, and a realtor. These professional preference categories are specified in state law
and in City Code as desirable members of a CEB. Another item discussed on November 1, 2016, was to
abolish the CEB and establish a special magistrate for code enforcement matters. If the City Commission
votes to adopt an ordinance establishing a special magistrate to solely handle code enforcement matters, staff
recommends that the code enforcement special magistrate be an attorney. The fiscal impact associated with
establishing the special magistrate is minimal as the City will no longer pay for legal counsel to the CEB, and
these funds can be directed to pay the special magistrate.
City Attorney Cookson shared that at the last Commission Meeting they had discussion
regarding the Code Enforcement Board (CEB). He has met with City staff and before them are
two options to consider. If the City intends to maintain the CEB, staff recommends that a
meaningful application and vetting process be established regarding appointees to the CEB. Staff
recommends that the City Manager or his designee reach out to the community to encourage
qualified applicants to apply and to review applications for CEB positions to ensure that
qualified appointees are selected for the CEB. Qualified applicants would be those persons,
selected when possible, from the following professional groups: an architect, a businessman, a
general contractor, a subcontractor, and a realtor. These professional preference categories are
specified in state law and in City Code as desirable members of a CEB. The second option as
discussed on November 1, 2016, was to abolish the CEB and establish a special magistrate for
16jPage
Regular City Commission
December 6,2016
code enforcement matters. If the City Commission votes to adopt an ordinance establishing a
special magistrate to solely handle code enforcement matters, staff recommends that the code
enforcement special magistrate be an attorney. The fiscal impact associated with establishing the
special magistrate is minimal as the City will no longer pay for legal counsel to the CEB, and
these funds can be directed to pay the special magistrate.
Commissioner Keller commented that he would lean toward the special magistrate because he
feels that will solve a number of the issues. Otherwise, if the majority decides to recommend
keeping the board than he would suggest they do a vetting process and start with a whole new
board.
Commissioner Firstner thanked the Code Enforcement Board for all they have done. He also
feels they should go toward a special magistrate as he reached out to 25 jurisdictions and 20 of
the 25 use a special magistrate for their board. He shared that a lot of those jurisdictions have
gone from a board to a special magistrate for the very reasons that they are looking at. A special
magistrate is more consistent, legally based, and detached from the community as far as
relationships.
Commissioner Wilsen commented that she is not interested in doing away with the board and
feels this is an insult to our board members who do fit the criteria of the professional standards to
be on the board. She shared that just because a decision was not liked by some is not a reason to
start over. The board has been in existence for over 20 years and they make recommendations to
the Commission who in turn make the decisions.
Commissioner Grogan thanked the Code Enforcement Board members for a great job. He
commented that there is always a time and a need for boards and also a time and need for
change. Last year after he returned from the Florida League of Cities he brought up the
discussion before the Commission to consider a special magistrate. As the redevelopment of the
downtown occurs and the City grows there will be a lot of changes which he feels may be too
much for the volunteer boards. His recommendation would be to have a special magistrate.
Mayor Johnson shared that they all appreciate the citizens that volunteer their time. He further
shared his observation of the board meetings in which the CEB did not follow the advice of the
legal counsel. The CEB does not make recommendations to the City Commission which is why
the City cannot overturn the decision of a two-year compliance time unless they spend taxpayers'
money to appeal the decision made by their board. He shared that he would vote for a special
magistrate but would like to have a special magistrate that handles commercial/industrial and the
citizen based board can handle the residential cases.
The following spoke in support of retaining the current Code Enforcement Board:
• Valerie Odom, 2462 Grand Poplar Street, Current CEB Member
• Scott Blynder, 1085 Hawthorne Cove Dr., Current CEB Member
• Mike Hopper, 240 E. Silver Star Road, Former CEB Member
• Martha Lopez-Anderson, 2438 Alclobe Circle, Resident
• Brad Lomneck, 957 Veronica Circle, Current CEB Member
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Regular City Commission
December 6, 2016
Commissioner Keller shared that his frustration was that the board went against what the
attorney's requirements were that evening. He would be fine with the City moving forward with
a special magistrate but if the Commission decided to retain the CEB Board he would be fine
with that as well. He further shared his concerns and questioned on how they could vet a new
board since some of the members do met the criteria. He likes the idea the Mayor brought up of
having the CEB Board meet for the residential code issues while the special magistrate handles
the code issues related to commercial.
Commissioner Wilsen shared that if they are going to vet the board they need to consider that
there are already members who met that criterion. She would like to keep the current CEB board
intact and does not know how much business they would have for a special magistrate.
Commissioner Firstner apologized to the board as he meant no disrespect to any of them. He
inquired how many of the board members knew the respondent. He opined that Mr. Sills is fairly
well known in the City and so are many other residents and he feels the City is doing our citizen
volunteers a disservice by putting them in a quasi-judicial position where they have to make
determinations against respondents by imposing fines as some of these respondents may be a
neighbor or friend. He personally feels that a special magistrate that is detached from the City
and is an attorney with a legal background would be in a better position to make those judicial
determinations based on the code and state statutes.
Mayor Johnson shared his concerns on the board's decision when the City is trying to spend
millions to improve the downtown area. He opined that the corner street in question is a safety
issue because there have been residents that have complained about not being able to see around
that corner. He further reiterated that he would vote to have a special magistrate that handles
commercial/industrial and retain the citizen based board to handle the residential cases.
Motion: Move to maintain the Code Enforcement Board to hear residential cases
only; and further, have the City Attorney bring forth options on how to establish a
special magistrate for code enforcement matters regarding commercial and
industrial properties.
Moved by Commissioner Wilsen, seconded by Commissioner Keller; Motion
carried 5-0.
Brief discussion ensued regarding what the CEB Board would be able to hear at their next
meeting in which the City Attorney advised that they could reinstate the board to hear all cases
until the ordinance to appoint a special magistrate is adopted. Commissioner Grogan shared
concerns on the cost of having both special magistrate as well as CEB board attorney.
Motion: Move to reinstate the Code Enforcement Board in January 2017 until a
special magistrate can be appointed and the ordinance updated.
Moved by Commissioner Wilsen, seconded by Commissioner Keller; Motion
carried 5-0.
18IPage
Regular City Commission
December 6,2016
J. STAFF ACTION ITEMS - None
K. COMMENTS FROM COMMISSIONERS -
Commissioner Grogan—None
Commissioner Wilsen — Reminded the residents that the December 20th meeting is
canceled. The next meeting is set for January 3, 2017.
Commissioner Firstner—None
Commissioner Keller— Wishes everyone Happy Holidays and a Happy New Year.
Mayor Johnson—Wished all of the residents Happy Holidays and a Happy New Year.
ADJOURNMENT - 11:00 PM
APPROVED:
ttest: City of Oc ee
A44�
Melanie Sibbitt, City Clerk Rusty Joh ' o i, Mayor
19 ' Page