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HomeMy WebLinkAboutItem 01 Approval of the Minutes for the Regular City Commission Meeting held April 6, 2021 MINUTES REGULAR CITY COMMISSION MEETING APRIL 6,2021 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 Brinson. 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 Mayor Johnson announced the following, "City Hall is open to the public; however, attendance inside the Ocoee Commission Chambers may be limited to accommodate social distancing and is subject to the Governor's Executive Orders. Any interested party may be heard during the public comments and public hearing portions of the meeting. In order to participate remotely, members of the public should call 407-554-7118 or email citizens@ocoee.org in advance and indicate the item you would like to address.At the appropriate time during the meeting, City Staff will contact you via phone and patch you into the meeting where you can share your comments and/or questions. Comments and questions received via e-mail will become public records and be provided to the City Commissioners in advance of the meeting. " PRESENTATIONS AND PROCLAMATIONS - 6:17 PM Proclamation—April 2021 Water Conservation Month proclaimed by Mayor Johnson. STAFF REPORTS AND AGENDA REVIEW- 6:16 PM City Manager Frank confirmed that clarification of the Residential Solid Waste Rules will be included in the next water billing cycle. COMMISSIONERS ANNOUNCEMENTS - 6:18 PM Commissioner_Brinson — 1) Announced he has put together a West Side Community Safety Meeting which will include local law enforcement agencies throughout the west side of Orange County. He also invited local municipalities,the Orange County School Board, County Sheriff's Office FDOT, and FHP. He is currently working on the details and anticipates holding the event on April 28,2021,and shared that he will ask for City Commission approval to use the Lakeshore Event Center. Commissioner Wilsen—None Commissioner Firstner—None Commissioner Oliver—None Mayor Johnson—None Regular City Commission Meeting - April 6,2021 CONSENT AGENDA- 6:19 PM Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1, 4, 5, and 8 with Items #2, 3, 6, and 7 being pulled for discussion and separate consideration. Moved by Commissioner Wilsen, seconded by Commissioner Oliver; Motion carried 5-0. 1. Approval of the Minutes for the Regular City Commission Meeting held March 16, 2021. (City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 2. Approval to Proceed with an Appraisal and Contract for Purchase of Property Located at 18 N. Lakeshore Drive in Exercise of the City's Right of First Refusal. (Assistant City Manager Shadrix) In October 2013,Glenda Fay Hopkins,a.k.a. Glenda Dunn, as Seller,and the City,as Buyer,entered into that certain Contract for Sale and Purchase of Property(the"Contract")wherein the City was granted the right of first refusal to purchase the property located at 18 N.Lakeshore Drive,Ocoee,Florida,34761 (the"Property") at fair market value. On March 15,2021, Seller provided the City written notice that Seller intends to sell the Property and provided the City 90 days to purchase,or decline to purchase,the Property. On March 25,2021, the City provided Seller with Notice that City Staff believes it is in the best interest of the City for the City to acquire the Property,and that City Staff would take this item to the City Commission to seek approval to move forward with the acquisition of the Property and obtain an appraisal of the Property. Commissioner Brinson asked for clarification on this item as he did not understand the contract attached. City Attorney Cookson explained that the City purchased the property from Ms. Dunn in 2013, and negotiated as part of that purchase for the City to have the right of first refusal on the adjacent property that she owned when she was ready to sell. City Attorney Cookson explained City staff believed this is a property that should be purchased. He further explained the process required, if the City intends to proceed with a purchase. Commissioner Oliver commented that he felt a proposal should have been included with the staff report to better explain the intent of the staffs request. City Attorney Cookson addressed his concern, and explained the staff report included a 2013 contract so the current Commission could see the contract set forth the right of first refusal. Commissioner Oliver inquired about the fair market value of the property as stated in the contract. City Manager Frank explained the appraisal process, and City Attorney Cookson elaborated on what would occur if either party disagreed with the appraisal. After discussion of all items pulled,the motion was made. Motion: Move to adopt the Consent Agenda Items #2, 3, 6, and 7. Moved by Commissioner Brinson, seconded by Commissioner Firstner; Motion carried 5-0. 2IPage Regular City Commission Meeting April 6,2021 3. Approval for Staff to Accept an Unsolicited Offer from Gideon Property Services for City-Owned Property Identified as Tracts#11,#29,and#49 on the Ocoee Crown Point PUD Located at Fullers Cross Road. (Assistant City Manager Shadrix) The City received an unsolicited offer from Gideon Property Services on March 30th for City-owned property located west of Ocoee-Apopka Road along Fullers Cross Road and abutting State Road 429. The buyer has indicated suitability for a corporate headquarters and intends to construct a flex office building on the property. The property,which is approximately 12.3 acres (9.38 useable), is part of the Crown Point PUD (tracts#11, #29, and #49), and the proposed use would require amendment of the PUD. The proposed offer is for a purchase price of$1,641,500 or appraised value,whichever is higher.As the City Charter requires an appraisal for a property sale of this nature,the buyer has agreed to pay for the appraisal. Additionally,the offer includes a 90-day inspection period with a$15,000 deposit that is fully refundable until the end of the inspection period. Commissioner Brinson asked if an appraisal of the property would be needed before the sale of the property. Assistant City Manager Shadrix answered in the affirmative, and explained the developer has offered to reimburse the City for the appraisal. He further shared the proposed use of this property is to construct a flex office building;therefore,the City Commission has the right to bind the developer so they cannot change the use without coming back before them, if the developer chose to do so. After discussion of all items pulled,the motion was made. Motion: Move to adopt the Consent Agenda Items #2, 3, 6, and 7. Moved by Commissioner Brinson, seconded by Commissioner Firstner; Motion carried 5-0. 4. Approval to Surplus/Trade the Computer Voice Stress Analyzer. (Acting Police Chief Plasencia) The Police Department currently owns a 2013 Dell Model laptop computer voice stress analyzer(CVSA)that was purchased from NITV Federal Services LLC. This CVSA laptop computer has reached the end of serviceable life. NITV Federal Services is offering the Police Department to trade in the 2013 Dell Model CVSA and receive the most current updated CVSA III Dell Rugged 14 Model Series for the discounted price of$4,995. NITV only offers their proprietary software on a laptop computer purchased with the software installed. The current price of the CVSA III without the trade-in is currently$9,995,therefore providing the Police Department a cost savings of$5,000.The Police Department utilizes the CVSA as an investigative tool during case investigations and can be instrumental in assisting the Department investigating criminal cases. Approved on Consent. Motion carried 5-0. 5. Approval to Surplus/Trade-In the Police Boat Motor. (Acting Police Chief Plasencia) The Police Department currently utilizes a 2007 Yamaha 90 HP outboard boat motor on the City police boat. This motor has had significant mechanical problems recently prompting the Honorable Mayor and Board of City Commissioners to authorize the Police Department to purchase a new motor. The vendor installing the new motor,Apopka Marine, discovered items in the Police Boat that required repair prior to the installation of a new motor totaling$1434.Apopka Marine has offered to accept the old motor as a trade-in for a$1,000 invoice credit towards the installation and repair costs to the Police Boat.The Police Department is requesting the Honorable Mayor and Board of City Commissioners approve the Police Department to surplus/trade the 2007 Yamaha 90 HP outboard boat motor in exchange for a$1,000 invoice credit for the motor installation and repair costs to the Police Boat. Approved on Consent. Motion carried 5-0. Regular City Commission Meeting April 6,2021 6. Approval of the Victims of Crime Act Grant. (Acting Police Chief Plasencia) For the Fiscal Year 2020/2021, the Florida Attorney General's Office, as the pass-through agency for the Victims of Crime Act("VOCA"), awarded the Police Department a grant to fund a victim witness advocate position(the"VOCA Grant"). At the time the VOCA Grant was initially awarded,it was unfunded.Recently, the Police Department was notified funding for the VOCA Grant was available.Using funding from the VOCA Grant,the Police Department would establish a Victim Witness Advocate position("Advocate").An Advocate dedicated to the process of ensuring victims understand their legal rights and protections would enhance our processes and potentially reduce re-victimization. The Advocate would assist victims and witnesses with coping with the trauma of the event and assist them in understanding the complexities of the investigative and judicial processes.This grant-funded position was anticipated and included in the FY 2020/2021 budget. Commissioner Brinson inquired if the City would fund the Victim Witness Advocate position in 2022. City Manager Frank addressed his question, and shared during the budget process that position can be included if the Commission desires. After discussion of all items pulled,the motion was made. Motion: Move to adopt the Consent Agenda Items #2, 3, 6, and 7. Moved by Commissioner Brinson, seconded by Commissioner Firstner; Motion carried 5-0. 7. Approval of Change Order No. 1 for Fullers Cross Road and Ocoee Apopka Intersection Improvements. (Public Works Director Krug) Oelrich Construction mobilized on October 15,2020,to begin the intersection improvements at Fullers Cross Road and Ocoee Apopka Road. When locates were performed, additional private utility providers were identified:Verizon Wireless,Century Link,and AT&T Communications.The additional utility providers were contacted and began to design and coordinate their relocations. The design and coordination period required additional time not included in the initial relocation plan.The coordination and relocation of the private utility providers required extending the substantial completion date from March 18 to June 3, totaling 55 working days (75 days total) added to the project schedule. During this extended time period, Oelrich maintained all required MOT and silt fencing per the project documents,management& daily coordination with all utility providers to ensure proper relocation of services to the new right of way locations and provided updates to the City on the current status. Commissioner Brinson inquired if Orange County agreed to a cost-share of up to $1 million toward this improvement, and if the City would have to fund expenses over that amount. City Manager Frank advised that expenses would be reimbursed from the County as the City would have to pay the upfront cost. Public Works Director Krug clarified that the County is contributing$1.1 million toward the project. He further shared the City would be responsible for any expenses that exceed that amount; however, there are road impact fees designated for any overages. After discussion of all items pulled, the motion was made. Motion: Move to adopt the Consent Agenda Items #2, 3, 6, and 7. Moved by Commissioner Brinson, seconded by Commissioner Firstner; Motion carried 5-0. 41Page Regular City Commission Meeting April 6, 2021 8.. Approval of the Florida Midland Railroad Company License Agreement for Downtown Stormwater Park Improvements. (Public Works.Director Krug) The City Commission approved the Downtown Master Plan in October 2016 and the project list associated with the plan. A key element of the Plan is the development of the Downtown Stormwater Park which will provide stormwater retainage and treatment for much of the downtown area. The drainage basin of the Downtown Stormwater Park includes the area bounded between W.Oakland Ave. and Floral St. on the north and south and N.Bluford Ave. and the Kissimmee Ave.railroad tracks on the east and west. The Downtown Stormwater Park will also provide a connection point on the west side of the railroad tracks on Franklin Ave for future connection of developments. The City will have to enter into an agreement with Florida Midland Railroad Company in order to install the stormwater pipe under the railroad tracks. Approved on Consent. Motion carried 5-0. PUBLIC HEARING -None FIRST READING OF ORDINANCE -None SECOND READING OF ORDINANCE—PUBLIC HEARING-None REGULAR AGENDA - 6:31 PM 9. Election of Mayor Pro Tem. (City Clerk Sibbitt) Section C-9 of the Ocoee City Charter states, "The Mayor pro tem shall be elected from among the Commissioners by the City Commission but shall continue to represent the district in which such Commissioner resides. The Mayor pro tern shall be elected at the first City Commission meeting following the swearing in of the candidates elected at each general city election ... and shall serve as Mayor pro tem until the successor is elected." On March 20, 2007,the Commission created a policy to elect the Mayor pro tern annually, even in non-election years,by rotating down through the seniority list. Mayor Johnson handed the gavel over to Mayor Pro Tern Brinson. Motion: Move to appoint Commissioner Wilsen as Mayor Pro Tern; Moved by Mayor Johnson, seconded by Commissioner Firstner; Motion carried unanimously. Commissioner Oliver commented that at a previous meeting they had a discussion which indicated they would make appointments in order of District seats. He asked for that wording to be added to future staff reports. City Clerk Sibbitt briefly explained the CRA Board did agree to this type of procedure for the position of Chair, and if the City Commission is seeking to do the same for the Mayor Pro Tern position, she will be sure to include such wording in future staff reports. Consensus of the City Commission was to rotate the annual position of Mayor Pro Tern, in order of District seats. ----- ----------- 5 I P a g e Regular City Commission Meeting April 6, 2021 10. Appointment of Commission Liaisons to Various Boards. (City Clerk Sibbitt) Each year the Commission reviews the Liaisons Appointments to various boards and makes changes, if needed. Staff recommends the Mayor and,Commissioners make appointments to the boards. Motion: Move to approve the Board Appointments as listed below. Moved by Commissioner Wilsen, seconded by Commissioner Oliver; Motion carried unanimously. Parks and Recreation Board—Commissioner Wilsen Citizens Advisory Board for the Police Department- Commissioner Brinson Citizens Advisory Board for the Fire Department- Commissioner Firstner Human Relations Diversity Board—Commissioner Oliver Personnel Board—Mayor Johnson Ocoee Youth Council—Commissioner Oliver Tri-County League of Cities—Commissioner Wilsen West Orange Airport Authority—Commissioner Oliver W.O. Chamber of Commerce—City Manager Frank Education Incentive Board—Commissioner Brinson MetroPlan Orlando Municipal Advisory Committee (MAC) - Commissioner Firstner STAFF ACTION ITEMS -None COMMENTS FROM CITIZENS/PUBLIC - 6:39 PM The following persons addressed the City Commission on the homelessness issues in Orange County: - Pastor Scott Billue,Founder of Matthew's Hope Ministries - Christine Moore, Orange County Commissioner District 2 - Donna Wyche, Orange County Health Services Department - Shelley Bradford, Winter Garden resident - Sharlene DeWitz, Oviedo resident - Pastor Frankie Gallo, Winter Garden resident - Sherry & Alivia Easley, Clermont residents - Stephanie Charlebois, Winter Garden resident - Ramon Burgos, Ocoee resident Mayor Johnson addressed personal comments that were made against him, and explained his departure from a recent conference call due to Florida Sunshine Law. He explained that it is a violation of sunshine law when more than one elected official is present during a meeting that is not publicly noticed, and therefore removed himself when he realized Commissioner Oliver was in attendance. Mayor Johnson read into the record a letter that he received from C Roger Freeman,450 Ocoee Apopka Road,that regarded concerns about the homeless camps on his private property. 6IPage Regular City Commission Meeting April 6,2021 Mayor Johnson shared that he has spoken to several individuals and conveyed that all agree the concerns about homelessness need to be addressed, and agreed to support the Commission, as well as the City, if local property owners are willing to assist. Commissioner Brinson commented that homelessness is an issue that must be addressed, and acknowledged these conversations need to be heard. He reasoned that the City should do its part, but also expressed there is only so much one organization can do and stressed that this effort needed to be done in partnership with multiple organizations. He questioned if the City has an ordinance in place that addresses homelessness and camping on private property, and questioned the safety of all involved. He invited Matthew's Hope to attend the West Side Community Safety Meeting. Commissioner Wilsen shared that she works at the Christian Service Center and understands the homelessness issue in the community very well. She sympathized with homeless individuals and the private property owners, and expressed both side's concerns. She informed that the Christian Service Center offers showers twice a week and provides lunches to roughly 150 individuals daily. She recognized that the Center is not a residential facility; therefore, after services are provided the individuals must move on. She acknowledged their need, stressed that this problem is not going to be solved during the meeting, and realized that it will require the assistance of multiple agencies working together. Commissioner Firstner agreed that there is no quick answer, but recognized that a solution needed to be sought out, wanted to bring all of the area's resources together to combat this problem, and offered his assistance to work on a task force or committee if one is established. Commissioner Oliver shared an excerpt from the Bible; and further,elucidated that he will never fully understand as he has never been homeless. He then explained his exit on the previously mentioned conference call with Matthew's Hope once he heard the Mayor's voice. Commissioner Oliver inquired from Pastor Scott about his plan for triage. Pastor Scott briefly explained his idea to end the constant cycle of shifting the homeless from one location to another by recommending a temporary solution of placing dumpsters and porta-potties on vacant lots of willing property owners until a permanent solution can be determined. Commissioner Oliver offered to make a motion before the commission to provide a dumpster and porta-potty, once an agreement has been secured with a property owner for use of the land. Pastor Scott asked the City for leniency on enforcement while a solution is being addressed. Mayor Johnson shared that he has spoken to several nearby community leaders, and that he will be meeting with them to discuss possible solutions. Commissioner Oliver inquired if the Police Department would allow individuals who have been trespassed additional time to collect their belonging before they are removed. Acting Police Chief Plascencia addressed his question, and shared the police department's dilemma. She further shared that on February 27th there was an occurrence for which Police assistance was 7IPage Regular City Commission Meeting April 6, 2021 requested concerning trespassers and the Police Department tried to assist the individuals by reaching out to Matthew's Hope to help relocate them. James Moyer, Ocoee resident, addressed the homeless issue and volunteered to help if needed. He then spoke about Item #10 and shared his satisfaction with Commissioner Oliver being appointed as the commission liaison to the HRDB. Melissa Meyers, Ocoee resident, commented on the City's current firefighter turnover rate. She shared her concerns regarding the individual contracts which include salary. City Attorney Cookson reminded the Elected Officials that they are in negotiations with the Fire Union and should not be talking about this publicly. Commissioner Oliver questioned the process for which both City Manager Frank and City Attorney Cookson addressed his concerns. COMMENTS FROM COMMISSIONERS - 7:48 PM Commissioner Oliver—Commented on the following: 1) Inquired about the hiring process for the new Police Chief. Motion: Move that the City Manager provide a report to the City Commission on the selection of members involved in the Police Chief hiring, when the committee will meet, and the list of agencies that will be included to sit on the committee. Motion died for lack of a second. City Attorney Cookson explained the positions for which the City Commission is allowed to provide input in appointing. He further shared the hiring of employees is left up to the City Manager to determine, and the City Manager is willing to meet and speak with any elected official individually to receive input. City Manager Frank explained he has had a discussion with each elected official, and does not have any issues with explaining the process. He further explained the hiring process will include assistance from a professional agency, Florida Police Chiefs Association. After the discussion, Commissioner Oliver commented that City Manager Frank has satisfied his initial motion, and a report is not needed. 2) Shared that in December the Commission had agreed to have a Race Inclusion and Diversity Training and he would like to move forward with a date selection with Dr. Scott Paine to have the training. A brief discussion ensued. The consensus of the City Commission was to have City staff seek several dates in June to bring back for consideration. 3) Commented that the Commission spoke about having a workshop to establish a mission, vision, and core value for the City. He requested they move forward to set workshop dates and inquired on the consensus of the Commission. Commissioner Wilsen asked Commissioner Oliver if he could research and share how other cities have formatted their mission statement before they set workshop dates. City Manager Frank shared past experiences in establishing a mission statement, and commented that he felt it would be best to have the City Commission and Department Directors involved when a process is determined. 4) Shared pictures of yard debris that he tracked for two weeks; and further, voiced concerns about the lack of trash pick-up residents are experiencing. He inquired what the next course of action is if the issue of service continues as is. City Manager Frank explained some options that can be considered such as changing the limitations on pick-up size, or requesting a claw truck. Discussion ensued. City Manager Frank suggested they speak with the contractor first on the bulk issues as that seems to be the majority of the complaints being received. -- -- -- -- -glPage Regular City Commission Meeting April 6,2021 5)Inquired if the Willows on the Lake gate issue has been resolved as it had been hit by a garbage truck. Public Works Director Krug addressed the question. He further implored the Elected Officials to please encourage residents to contact Public Works when they are having garbage issues as they can log the complaint, contact the contractor immediately, and get the problem resolved. 6) Inquired about left-turn signals northbound at Clarke Road and Clarcona Ocoee Road. Public Works Director Krug addressed his question, and shared that there are a lot of driver errors at that intersection so he will reach out to Orange County to determine what can be done to assist. 7) Announced that the tree that is hanging low on Ingram Road will be removed within the next two weeks. 8) Announced the construction on Clarke Road will not restrict the driving patterns along that road. Public Works Director Krug clarified the construction that is occurring is for the development adjacent to Clarke Road, and not the widening of the road. 9) Inquired about the installation of sidewalks and lights on Ingram Road. Public Works Director Krug shared staff has a meeting with Duke Energy to go over their new lighting. Staff recommends the installation of lights first before installing sidewalks and is hoping to see movement by next month. 10) Announced that the communities of The Reserve, and Forest Trails, will be seeing sidewalk repairs soon. 11) Announced he is hosting COVID-19 vaccination locations starting tomorrow. Information can be found on the City's website,the City's Facebook page, and www.oneocoee.org. 12) Shared a biblical quote. Commissioner Firstner—Commented on the following: 1) Commended the Police Depailinent on their Guardian Program and shared the program's mission. 2) Gave kudos to the Fire Department for their 12th Annual Base Camp Golf Tournament, and shared that they raised over$20,000. 3) Commented on the memo that was received by Assistant City Manager Shadrix regarding the Surface Transportation Authorization Bill 4) Commented that the Silver Star realignment project has been pushed back once again, and is now slated to be done between 2026—2045. Commissioner Wilsen—Commented on the following: 1) Inquired if the Commission needed to bring Workshops back as it may help the meetings not run too late, and will allow the City Commission to have staff address questions prior to the Regular Meeting. 2) Shared the ongoing concern regarding speeding issues. She emphasized the need to be patient and slow down while driving. 3) Commended the Mayor for announcing that he removed himself from the conference call that more than one elected official was invited to participate on without his knowledge. She shared the importance of the sunshine law, and asked the community to be sympathic and understand their position by not placing them in this type of situation. She further shared the importance of all board members following sunshine law. Regular City Commission Meeting April 6,2021 Commissioner Brinson—Commented on the following: 1) Commented that Commissioner Wilsen's statement on sunshine law was well stated. 2) Commented that the West Side Community Safety Meeting he announced earlier touches on the topics of safety to include: traffic , child , and pedestrian safety. Participants invited to attend this meeting are local municipalities, the Orange County School Board, and local law enforcement. He further extended an invite to Matthew's Hope. 3) Shared that he spoke to several agencies to increase traffic enforcement, and warned residents that tickets will be issued. 4) Encouraged residents to receive their vaccinations. For those residents that do not make it out to Commissioner Oliver's event, he shared that Orange County is rolling out vaccination sites in different locations that can be found on the County's website. He shared his email and contact information for any community that needed assistance to get a vaccine satellite site. 5) Shared the importance of not being a distracted driver as it is just as dangerous as being a drunk driver. He also emphasized the need to be patient and slow down while driving. 6) Announced that he is working with the residents on Wurst Road concerning traffic enforcement. Mayor Johnson—Commented on the following: 1) Inquired if a sign can be placed on Flewelling Avenue near the Little League Field as that area is a speeding zone with many children playing nearby, and commented that there used to be a warning sign. He further encouraged the Police Department to monitor the area of Flewelling Avenue and Wurst Road. 2) Commented on the meeting hosted by Matthew's Hope and shared he was not informed as to who would be in attendance,but did inform them he could only attend if he was the only one from the Commission invited. He removed himself once he heard Commissioner Oliver on the call. 3) Commented that he is in favor of the option of purchasing a claw truck to try to resolve the trash issue. 4) Announced there is a dead palm tree near the middle school. Public Works Director Krug shared that a purchase order has already been issued to have the tree replaced.5) Shared that he has witnessed several drivers on Clarke Road and Clarcona-Ocoee Road go straight through red lights and encouraged the Police Department to monitor that area. City Manager Frank shared he had traffic discussions with the Chief and agreed that visibility is important. ADJOURNMENT—8:51 PM APPROVED: Attest: City of Ocoee Melanie Sibbitt, City Clerk Rusty Johnson,Mayor -- -- ----------- ------ -- -- -----------___--- —-10 IFag e