HomeMy WebLinkAboutItem 01 Approval of the Minutes for the Regular City Commission Meeting held August 4, 2020
MINUTES
REGULAR CITY COMMISSION MEETING
AUGUST 4, 2020
CALL TO ORDER – 6:15 PM
Mayor Johnson called the regular session to order at 6:15 PM in the Commission Chambers of
City Hall. The invocation was led by 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
Presentation on Small World Solutions – Cultural Competency & Diversity Inclusion
Mr. Arnold Smalley provided a presentation which explained the variety of courses and sessions
he offers to agencies to educate and train staff on issues such as reducing workplace violence,
improving cultural competency, increasing diversity & inclusion, eliminating sexual harassment,
improving dysfunctional teams, improving leadership skills, and improving customer service.
At the conclusion of his presentation, Mr. Smalley addressed questions from the Commission.
The Commission thanked Mr. Smalley for his time, and encouraged him to meet with the Human
Resources Director and City Manager to share information on the training sessions offered, and
discuss if it would be something the City would want to pursue.
STAFF REPORTS AND AGENDA REVIEW - 6:31 PM
Mayor Johnson announced the following, “All interested parties are invited to be heard during
the public comments and public hearing portion of the meeting. Due to the current State of
Emergency regarding COVID-19, City Hall is closed to the public and is subject to change based
on the Governor’s Executive Order; however, the City requests the public to call or email
comments and/or questions to 407-554-7118 or citizens@ocoee.org.”
City Manager Frank announced before them are three options for speaker form consideration
as the topic of requesting a person’s address has been discussed during several meetings. He
further shared there is no legal requirement to request a person’s address. Each member of the
Commission shared the speaker form format they selected, and voiced their reasonings on why.
Consensus of the City Commission was to direct staff to update the speaker form
to include optional for the address, insert a check box indicating if an Ocoee
resident, and include wording advising that this speaking reservation form is a
public record.
Regular City Commission Meeting
August 4, 2020
COMMISSIONERS ANNOUNCEMENTS – 6:38 PM
Commissioner Brinson – None
Commissioner Wilsen – None
Commissioner Firstner – None
Commissioner Oliver – None
Mayor Johnson – Announced the following: The first Budget Workshop is next week
th
Wednesday, August 12, starting at 6:00 PM and will be broadcasted live on Spectrum Channel
493 with a live stream on the City’s website at Ocoee.org.
COMMENTS FROM CITIZENS/PUBLIC
No telephone calls or emails were received.
CONSENT AGENDA – 6:38 PM
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1 - #7 with Item #4 being pulled
for discussion and separate consideration.
Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion
carried 5-0.
1. Approval of the Minutes for the Regular City Commission Meeting held July 21, 2020.
(City Clerk Sibbitt)
Approved on Consent. Motion carried 5-0.
2. Approval of the Holiday Schedule for 2021. (City Clerk Sibbitt)
Section 8.01 of the Personnel Rules and Regulations lists Holidays that will be observed annually in the City
of Ocoee. Each year the City Commission approves those holidays as well as selects dates for those holidays
that fall on weekend days.
Approved Holidays Dates As Approved 2021 Recommendation
New Year’s Day January 1 (Friday) Friday, January 1, 2021
Martin Luther King, Jr. Day Third Monday in January Monday, January 18, 2021
Memorial Day Last Monday in May Monday, May 31, 2021
Independence Day July 4 (Sunday) Monday, July 5, 2021
Labor Day First Monday in September Monday, September 6, 2021
Thanksgiving Day Fourth Thursday Thursday, November 25, 2021
Day After Thanksgiving Day after Fourth Thursday Friday, November 26, 2021
Christmas December 25 (falls on Saturday) Friday, December 24, 2021
Day Before/After Christmas As determined by Commission Monday, December 27, 2021
Approved on Consent. Motion carried 5-0.
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3. Approval of the First Amendment to Lease Agreement with TNXL Baseball Academy.
(Assistant City Manager Shadrix)
On July 18, 2019, the City Commission approved a Lease Agreement with TNXL Baseball Academy
(“TNXL”) to allow construction of a baseball training facility and use of the fields at Sorenson Park. The lease
term is for a period of ten (10) years; rent is $3,500.00 per month. The City and TNXL now desire to amend
the Lease Agreement to allow for the City and TNXL to negotiate for TNXL to leave the structure on the
property at the end of the lease term and to include the costs of building permit fees and impact fees in the
monthly rental fee paid by TNXL to the City. The inclusion of the building permit fees and impact fees is
established as an incentive for full performance under the Lease and will be prorated over the initial ten-year
term of the Lease; if the Lease Agreement is terminated before the end of the initial ten-year term, TNXL will
pay the City the prorated amount remaining due on the building permit fees and impact fees.
Approved on Consent. Motion carried 5-0.
4. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and
Workmanship Agreement with Lennar Homes LLC. (Development Engineer
Womack)
Arden Park North Phase 4A is made up of 88 detached single-family homes. The parcel is located on the east
side of Ingram Road just south of Brynmar Subdivision. The developer has completed construction of the
infrastructure improvements for the subdivision and has requested a Certificate of Completion. The
Maintenance, Materials, and Workmanship Agreement acts as the executable document between the developer
and the City. The Surety will be returned to the developer upon completion of the two-year warranty period
and the repair of any damages caused over those two years.
Development Services Director Rumer explained this item as it relates to infrastructure
improvements for the Arden Park North Phase 4A.
Commissioner Oliver shared that due to residents in his district being discontent with the builder,
and the lack of response provided by Lennar Homes, he feels the City should hold off approving
any further projects for the builder and engage with them to address the issues.
Commissioner Brinson inquired if a letter was sent out to Lennar Homes on behalf of the City.
City Attorney Cookson answered in the affirmative. He further shared that City staff has made
efforts, and discussions with Lennar Homes have occurred with Commissioner Oliver
participating. Development Services Director Rumer briefly explained issues that were
resolved by the builder, and shared that HOA related issues would not fall under the purview of
the City. Discussion ensued.
Motion: Commissioner Oliver moved to pull item #4 until a resolution with Lennar
Homes is attained. Motion died for lack of second.
City Attorney Cookson explained that the issues being discussed are between the homebuilder
and their customer, the City Commission does not have a role to mediate or moderate that dispute.
He further advised the City Commission can facilitate a meeting between resident and builder,
but he has concerns on withholding approval on an item that is unrelated. Brief discussion ensued.
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Regular City Commission Meeting
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Motion: Move to approve Item #4 with direction to City staff to contact Lennar
Homes to inquire if the resident issues can be resolved. Moved by Commissioner
Wilsen, seconded by Mayor Johnson. Motion carried 4-1 with Commissioner
Oliver opposing
5. Approval of Resolution for the Four-year Lease-Purchase Agreement with Truist
Bank for Various Vehicles Included in the FY 2020 Budget. (Procurement Manager
Tolbert)
The budget for Fiscal Year 19/20 includes the four (4) year lease-purchase of various vehicles and equipment.
The total cost requiring financing approval is $1,077,361.88 at an interest rate of 1.2% for four (4) years
through Truist Bank. The FY 19/20 budget includes funding for the principal and interest payments for the 4-
year lease/purchase financing. Payments will begin November 14, 2020.
Approved on Consent. Motion carried 5-0.
6. Approval to Piggyback on Seminole County Contract for Foreclosure Registrations
Services. (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. 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 to deter continued neglect of these properties and the
negative effects they have on the community. ProChamps has been administering this registry for the City of
Ocoee. The Police Department is requesting permission to piggyback on the Seminole County Contract for
these services and execute a new contract with ProChamps.
Approved on Consent. Motion carried 5-0.
7. Approval of Memorandum of Understanding with the Department of Veterans
Affairs. (Police Chief Brown)
The Police Department is an approved institution for veterans to utilize their educational benefits earned under
the GI Bill while completing field training. In order for Police employees to obtain their benefits from the
Department of Veterans Affairs (VA), the City must certify the employee’s training hours in a VA computer
system called VA-ONCE. In order to access VA-ONCE, the VA requires a signed memorandum of
understanding between the Department and the VA.
Approved on Consent. Motion carried 5-0.
PUBLIC HEARING - None
FIRST READING OF ORDINANCES – None
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SECOND READING OF ORDINANCES – PUBLIC HEARINGS – 7:56 PM
8. Second Reading of Ordinance Creating a New Chapter 176 in the Code of Ordinances
for Fertilizer Management, Grass Clippings and Vegetative Material/Debris, and Pet
Waste; and Further, Adoption of Resolution Amending the Fine and Fee Violation
Schedule. (Advertised in the West Orange Times on Thursday, July 23, 2020). (Public Works
Director Krug)
The City of Ocoee is located within the Wekiwa Spring Basin. In July 2018, the Florida Department of
Environmental Protection (FDEP) adopted the Wekiwa and Rock Springs Basin Management Action Plan
(BMAP), a water quality restoration plan aimed at restoring impaired water bodies. Pursuant to the BMAP,
the City, located in the basin, is mandated to adopt fertilizer application practices for residential and
commercial properties, grass clipping management, and pet waste clean-up requirements. In response, the City
is required to adopt a fertilizer ordinance. By adopting this ordinance, a fee violation schedule must be adopted
by Fee Resolution.
a) Second Reading of Ordinance
b) Resolution Establishing Fine and Fees (Not a Public Hearing)
Public Works Director Krug presented an overview of the proposed ordinance and resolution
for consideration. Pursuant to the BMAP, the City, located in the basin, is mandated to adopt
fertilizer application practices for residential and commercial properties, grass clipping
management, and pet waste clean-up requirements.
City Attorney Cookson read the title of the ordinance and resolution.
The public hearing was opened. As no telephone calls or emails were received, the public hearing
was closed.
a) Second Reading of Ordinance
Motion: Move to adopt Ordinance No. 2020-016, Creating a New Chapter 176 in
the Code of Ordinances for Fertilizer Management; Moved by Commissioner
Wilsen, seconded by Commissioner Brinson; Motion carried unanimously.
b) Resolution Establishing Fine and Fees (Not a Public Hearing)
Motion: Move to adopt Resolution No. 2020-006, Establishing Fines and Fees
Related to Ordinance Creating a New Chapter 176; Moved by Commissioner
Wilsen, seconded by Commissioner Oliver; Motion carried unanimously.
9. Second Reading of Ordinance Amending Chapter 164 – Registration, Maintenance,
and Security of Abandoned Real Property. (Advertised in the West Orange Times on Thursday,
July 23, 2020). (Police Chief Brown)
On November 6, 2012, the City Commission adopted Ordinance No. 2012-017, establishing the Abandoned
Property Ordinance. The ordinance establishes a registration requirement for abandoned properties and is a
necessary tool for the City to use in protecting residential neighborhoods from becoming blighted through the
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lack of adequate maintenance and security of abandoned properties. Over the years, City staff has
recommended amendments to Ordinance No. 2012-017 so that the program is more efficient and effective.
The amendment will clarify language relating to civil penalty, which is established by resolution, and will
clarify the intent of the ordinance, which is that properties must be registered at any time a property is found
vacant and that properties shall be registered on an annual (12 month) basis.
Police Chief Brown presented an overview of the proposed ordinance. The amendment will
clarify language relating to civil penalty, which is established by resolution, and will clarify the
intent of the ordinance that properties must be registered at any time a property is found vacant
and that properties shall be registered on an annual (12 month) basis.
City Attorney Cookson read the title of the ordinance.
The public hearing was opened. As no telephone calls or emails were received, the public hearing
was closed.
Motion: Move to adopt Ordinance No. 2020-017, Amending Chapter 164 –
Registration, Maintenance, and Security of Abandoned Real Property; Moved by
Commissioner Oliver, seconded by Commissioner Brinson; Motion carried
unanimously.
10. Second Reading of Ordinance for Ocoee Landings PUD – 1842 East Silver Star Road,
Substantial Amendment to the Planned Unit Development (PUD); Project No: RZ-20-
04-03. (Advertised in the West Orange Times on Thursday, July 23, 2020). (Zoning Manager
Gajadhar)
The Ocoee Landings Planned Unit Development (PUD) received City Commission approval on October 20,
2015. The property is a mixed-use development consisting of 9.15 acres of residential, 6.84 acres of
commercial, and 4.65 acres of Master Stormwater ponds. The parcel is located directly north of E. Silver Star
Road, east of Clarke Road, and west of Johio Shores Rd. The commercial portion of the PUD is identified as
1842 E. Silver Star Rd. with a Property Identification Number (PIN) of 16-22-28-4532-00-140. The
commercial portion was initially approved for C-2 (Community Commercial) uses with the exclusion of
specific uses (Automobile Sales, Hotel, Motel). The applicant is requesting an amendment to the PUD/Land
Use Plan (PUD/LUP) to allow automobile repair and carwash in the list of permitted uses. This request is
required in order to allow for a Firestone Automotive Repair to be established on Lot 1 of the commercial lots
subject to the rendered designs.
This item was heard out of agenda order.
Development Services Director Rumer presented an overview of the proposed substantial
amendment of the Ocoee Landings PUD. The commercial portion was initially approved for C-2
(Community Commercial) use with the exclusion of specific uses (Automobile Sales, Hotel,
Motel). The applicant is requesting an amendment to the PUD/Land Use Plan (PUD/LUP) to
allow automobile repair and carwash in the list of permitted uses. This request is required in order
to allow for a Firestone Automotive Repair to be established on Lot 1 of the commercial lots
subject to the rendered designs. Additionally, there is a request for a car wash as a Special
Exception Use.
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City Attorney Cookson read the title of the ordinance.
The public hearing was opened.
The following person(s) addressed the City Commission by telephone or email:
- Patti Leroy, resident, emailed her opposition on the development of an auto repair
business at this location.
- Mitzi Turchiano, resident, emailed conditions of approval she would like to have the
Commission consider if approving this item.
- Cindy Shaw, resident, emailed her opposition on the development of an auto repair
business at this location.
Chip Bryan, Applicant/Owner, indicated he was satisfied with Staff’s presentation and did not
have anything further to add, but would be available to answer any questions that the board may
have.
The public hearing was closed.
Commissioner Oliver inquired what the original permitted uses were for that track of land.
Development Service Director Rumer answered any of the C-2 uses listed in the zoning table.
Commissioner Oliver further inquired from the applicant what their original intent was for the
property when they purchased it. Mr. Bryan addressed his question explaining how they came
to propose the Mixed-Use PUD.
Commissioner Oliver commented that the citizens are looking for something more robust, such
as a restaurant, which is why he would have to side with his residents on the opposition of an
automobile repair business.
Mayor Johnson shared he does not have a problem with the Firestone or a car wash, similar to
the one on Hwy 50; however, he personally does not think a restaurant will consider this location
as they have not been considering Hwy 50 and there are more trips on that road.
Commissioner Wilsen shared her opposition on the Firestone as she has heard from a lot of
residents who disagree on this type of business. She commented that she has not heard any
complaints on the request for a car wash.
Mr. Bryan commented that there are remaining commercial parcels, and they would also like to
see a restaurant occupy one of those parcels. Therefore, the approval of the Firestone would not
preclude the possibility of a restaurant. He further explained they have worked with the adjacent
subdivision, and revised the design and landscape buffers. Additionally, they have a Property
Owners Association which will allow enforcement on the aesthetics of the building should
Firestone change ownership.
Commissioner Firstner shared he is not against the proposed businesses as the location is in a
commercial corridor. He commented that he would like to see a restaurant go in one of the
available parcels, and requested that Mr. Bryan consider the comments made by the residents
requesting the conditions of approval for buffers.
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Commissioner Brinson inquired about the buffer and berms near the residential homes. Mr.
Bryan explained what is being proposed pursuant to the code requirements as well as what is
being added exceeding the code requirements. Commissioner Brinson commented that he
understands the need for the automobile repair business, but expressed concerns on the sound
barriers. Mr. Bryan shared there are surrounding lots that are to be developed that will add
additional buffering. He further explained the placement of the bay doors, and advised the new
standards do not allow the back-alley entrance.
Motion: Move to adopt Ordinance No. 2020-018, Ocoee Landings PUD – 1842 East
Silver Star Road, Substantial Amendment to the Planned Unit Development (PUD);
Project No: RZ-20-04-03 per staff’s recommendation; Moved by Commissioner
Firstner, seconded by Mayor Johnson; Motion failed 2-3 with Commissioner
Brinson, Commissioner Wilsen, and Commissioner Oliver opposing.
REGULAR AGENDA – 8:04 PM
11. Designation of Voting Delegate – Florida League of Cities 2020 Virtual Annual
Business Meeting. (City Clerk Sibbitt)
The Florida League of Cities (FLC) is hosting the 2020 Virtual Annual Business Meeting by remote access
via Zoom on Friday, August 14, 2020 at 2:00 p.m. The FLC is requesting that the City of Ocoee’s Voting
Delegate is designated and received by August 7, 2020.
Mayor Johnson announced the Florida League of Cities is requesting a voting delegate for their
upcoming 2020 Virtual Annual Business Meeting.
Motion: Move to designate Commissioner Wilsen as the City of Ocoee’s Voting
Delegate at the Florida League of Cities Virtual Annual Business Meeting. Moved
by Mayor Johnson, seconded by Commissioner Oliver; Motion carried
unanimously.
12. Crown Point RFPs for Sale of City Property. (City Attorney Cookson)
Over the past few years the City has received unsolicited proposals to purchase lands owned by the City. Two
such properties are (i) a 16.19 acre parcel near Ocoee High School east of Ocoee Crown Point Parkway, west
of Ocoee-Apopka Road and North of 429 likely to be developed as a residential townhome project (the
“Residential Property”); and (ii) a 17.96 acre parcel on the northeast corner of Ocoee-Apopka Road and Fullers
Cross Road and south of the 429 which City staff would like developed with commercial uses (the
“Commercial Property”). With respect to the Residential Property, the offered prices ranged from a high of
$2,000,000.00 and a low of $1,000,000.00. With respect to the Commercial Property, the offered prices ranged
from a high of $3,560,000.00 (same as the appraisal amount) to a low of $2,729,768.00.
This item was heard out of agenda order.
City Attorney Cookson provided an overview on the Crown Point RFP’s for the sale of two
properties (i) a 16.19 acre parcel near Ocoee High School east of Ocoee Crown Point Parkway,
west of Ocoee-Apopka Road, and North of 429 likely to be developed as a residential townhome
project (the “Residential Property”); and (ii) a 17.96 acre parcel on the northeast corner of Ocoee-
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Apopka Road and Fullers Cross Road and south of the 429 which City staff would like developed
with commercial uses (the “Commercial Property”). The appraisal for the Residential Property
resulted in an appraised value of $2,910,000.00; the appraisal for the Commercial Property
resulted in an appraised value of $3,560,000.00. With respect to the Residential Property, the
offered prices ranged from a high of $2,000,000; the Commercial Property, the offered prices
ranged from a high of $3,560,000.00.
City staff recommends that the City not pursue the sale of the Residential Property at this time,
but does recommend that the City Commission authorize City staff to engage in further
discussions with the potential developer of the Commercial Property to evaluate the potential for
differing proposed uses for the Commercial Property, and subsequently update the City
Commission following such discussions.
Assistant City Manager Shadrix commented that City staff is familiar with the company that
placed the high bid on the Commercial Property, and is ready to move forward if the Commission
directs them too.
Charlie Vickers, representative for GPK Holdings, introduced himself to the City Commission
and shared they are not requesting to develop the parcel outside the elements of what is allowed
for the PUD parcel. He further informed the Commission on other projects they will be developing
in the Brownfield District and Downtown Redevelopment Area.
General discussion ensued regarding the appraisals of both the residential and commercial
properties.
Motion: Move to reject offers on residential properties and notify bidders that the
City is not pursuing the sale of the Residential Property at this time; Moved by
Commissioner Brinson, seconded by Commissioner Wilsen; Motion carried
unanimously.
City Manager Frank received confirmation that the City Commission is requesting the City to
hold onto the residential property until such time they may receive additional interest in
purchasing. It was further stated that any potential buyer conducts an appraisal.
Discussion ensued regarding the proposed development of the commercial site, and proposed
infrastructure in the project area.
Motion: Move to direct City staff to enter into a Contract with GPK for the sale of
the Commercial Property a 17.96-acre parcel on the northeast corner of Ocoee-
Apopka Road and Fullers Cross Road; Moved by Commissioner Brinson,
seconded by Commissioner Wilsen; Motion carried unanimously.
STAFF ACTION ITEMS - None
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COMMENTS FROM CITIZENS/PUBLIC - 8:08 PM
This item was heard out of agenda order.
The following person(s) addressed the City Commission by telephone or email:
- Jim Moyer, resident, emailed regarding the Lennar Homes complaints he has heard from
his neighbors in the Arden Park subdivision.
- Ray Mahlberg, Orlando resident, requested the ability to move and restore the historic
home located at 951 Ocoee-Apopka Road due to its historical value.
Public Works Director Krug noted that the interior of the home had been altered, and that it had
sustained significant termite damage. Mayor Johnson indicated additional discussion would be
required before determining which direction the City should proceed.
- TJ Legacy-Cole, Community Activist and Freelance Journalist in Florida, stressed
concern for the City of Ocoee moving forward given the current world situation regarding
racial discrimination. He stressed a desire to see the 100-year celebration of the 1920
Massacre acknowledged alongside the July Perry Foundation with the assistance of Senator
Bracy.
City Clerk Sibbitt phoned the following, at their request, however, no one answered.
- Zymia Allen
- Christine White
- Veronica Boehm
- Miles Mulrain shared that he would like to see the City of Ocoee celebrate the July Perry
family as well as educate the public about the 1920 Massacre.
- Mrs. LeVon Bracy addressed concerns she had with the Mayor’s actions toward her son,
Senator Bracy, from the meeting that took place on July 21, 2020.
- Rev Randolph Bracy, Jr. spoke briefly about his past experiences while working in the
City of Ocoee, and addressed concerns with the Mayor’s actions toward his son, Senator
Bracy, from the meeting that took place on July 21, 2020.
Mayor Johnson addressed the concerns from the July 21, 2020, meeting and shared that he
personally contacted Senator Bracy and apologized to him. He further apologized to everyone
for his actions, and promised to represent the residents of Ocoee to the best of his ability.
COMMENTS FROM COMMISSIONERS – 8:05 PM
Commissioner Oliver – Commented on the following: Encouraged residents to continue being
conscious of COVID-19, as they prepare for the current Hurricane Season, which does not end
until November 30th.
Commissioner Brinson – None
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Commissioner Wilsen – Commented on the following:
1) Reminded residents, next Wednesday at 6:00 PM is the first Budget Meeting Workshop. She
acknowledged that the Chambers would be closed to the public, but shared that it will be
televised. Public comments will not be heard during the Budget Workshop, but will be
accepted during the Budget Hearings. She encouraged everyone to watch from home, and
stressed how important it is for residents to contact their elected officials with any questions,
concerns, or thoughts they may have.
2) Encouraged everyone to continue following the CDC’s recommendations regarding COVID-
19.
Commissioner Firstner – None
Mayor Johnson – Commented after Comments from Citizens/Public
ADJOURNMENT – 8:44 PM
APPROVED:
Attest: City of Ocoee
_______________________________ _____________________________
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
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