HomeMy WebLinkAboutItem 01 Approval of the Minutes for the Regular City Commission Meeting held May 4, 2021
MINUTES
REGULAR CITY COMMISSION MEETING
MAY 4, 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 Jocelyn Williamson with the Central Florida Freethought
Community, followed by the Pledge of Allegiance to the Flag led by Commissioner Wilsen. 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 - 6:18 PM
Proclamations ~ Asian American and Pacific Islander Heritage Month, Water Safety Month,
National Peace Officer Memorial Day, May 15, and National Police Week, May 9 - 15
proclaimed by Mayor Johnson.
Presentation on 2045 Master Plan - Will Hawthorne, Director of Engineering, with the
Central Florida Expressway Authority (CFX) provided a PowerPoint overview on the 2045
Master Plan and highlighted the 2040 Master Plan Signature Projects.
Commissioner Brinson inquired about the Central Florida Expressway’s funding. Will
Hawthorne shared that they are funded solely through tolls. Further discussion ensued regarding
the process for determining the toll rates.
Commissioner Brinson then inquired about the interchange located at 414 and Ocoee Apopka
Road, and shared that several traffic accidents have occurred within this location. Will Hawthorne
addressed his concerns and informed him that 437A (Ocoee Apopka Rd) is slated for several
improvement projects from Tilden Road in Winter Garden to 414.
Commissioner Oliver inquired if CFX receives any State or Federal grant funds, and further
inquired if there are plans for any widening expansions along the 429. Will Hawthorne shared
that the expressway has been solely funded by tolls for the past 55 years. He then explained that
he is working with Deputy Development Services Director/CRA Administrator Ginger Corless.
Regular City Commission Meeting
May 4, 2021
He elaborated that the widening of 429 from Tilden Road to the 414 is currently in the design
phase, and noted that CFX recently entered into a JPA with the City Ocoee for improvements at
the Franklin Street ramp.
Oakland Commissioner McMullen introduced himself and the mission of his non-profit music
foundation HAPCO. Mayor Johnson thanked him for the outstanding work he does with the
youth and presented him with a $1000 donation to go toward the HAPCO Music event. Oakland
Commissioner McMullen thanked the Commission for all of their support over the past several
years, and shared that the current donation will help support 10 Ocoee High School students during
the week-long summer camp this June. He then announced that HAPCO will be back live, in-
person at Ocoee High School in February 2022, and encouraged residents to come out.
Presentation on Strategic Planning – Paul Wyche, President of Wyche & Associates, spoke
on the values of creating a vision and mission statement for the City. He outlined the importance
of having a clear vision.
Mayor Johnson thanked Mr. Wyche for his presentation and pointed out that he had some good
points. He then shared the process for hiring a marketing firm. He recommended that the
Commission take the information provided, and encouraged those interested to bring it up during
the budget meetings for consideration.
Commissioner Oliver shared he invited Mr. Wyche and thanked him for the presentation. He
shared that he strongly supported the value of having a vision and mission statement.
Mayor Johnson announced and congratulated both Utilities Director Croteau and Police Chief
Plasencia on their recent promotions. He thanked both of them for their excellent service.
STAFF REPORTS AND AGENDA REVIEW - None
CONSENT AGENDA - 7:02 PM
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1 - #5 with Item #3 being pulled
for discussion and separate consideration.
Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion
carried 5-0.
1. Approval of the Minutes for the Regular City Commission Meeting held April 20, 2021.
(City Clerk Sibbitt)
Approved on Consent. Motion carried 5-0.
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2. Approval to Award RFQ# 21-004 Continuing Contracts for Utilities Engineering
Services. (Procurement Manager Tolbert)
The City of Ocoee, Florida, in conformance with the Consultants’ Competitive Negotiations Act (CCNA),
Florida Statutes Section 287.055, et seq., and the policies and procedures of the City of Ocoee (City), is
soliciting statements of qualifications from qualified professional engineering firms or individuals that are
interested in providing engineering services for utilities projects including, but not limited to, studies, design,
construction plans and bid documents, construction management, development plan review, and other
miscellaneous utility engineering projects. The projects will involve potable water and wastewater plants and
distribution and collection systems. Hydraulic modeling services are provided by another firm. The RFQ was
advertised on January 24, 2021, and was publicly opened on February 17, 2021. There were seven (7) responses
submitted. Staff recommends that the City Commission award RFQ #21-004 Continuing Contracts for Utilities
Engineering Services to Wright-Pierce, Inc., CPH Inc., and Hazen and Sawyer.
Approved on Consent. Motion carried 5-0.
3. Approval of a Cattle Grazing Lease Agreement. (Public Works Director Krug)
The Commission approved a cattle lease agreement with Glen Rodgers for a portion of the City property on
Ocoee-Apopka Road in 2007. The original lease has expired, and Mr. Rodgers has approached the City
regarding a new lease for cattle grazing as he and his family have approximately twelve (12) acres of property
that abuts the City’s parcel and lies between the City’s parcel and Ocoee-Apopka Road. The lease has been
beneficial for the City as the Rodgers had previously provided all maintenance of the property relieving the
City of the cost.
City Attorney Cookson explained that a new lease agreement is being negotiated, and as part of
that agreement a right of first refusal is being considered for Mr. Rodgers’ adjacent property if he
should choose to sell it.
Motion: Move to approve Item #3 – Cattle Grazing Lease Agreement subject to
finalizing the agreement as approved by the City Attorney and City Manager; Moved
by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 5-
0.
4. Approval of Reallocation of Funds within the Stormwater Capital Improvement Fund.
(Public Works Director Krug)
The Commission awarded the construction of W. Oakland Ave. and N. Cumberland Reconstruction Phase 1
and Lakewood Ave. and E. Oakland Ave. Reconstruction (ITB #20-011) in October of 2020. The stormwater
portion of the project is funded from the Stormwater Division Capital Funds job #18501. Due to expenses
accrued within the Stormwater fund, Public Works is requesting Commission approval to reallocate
$225,000.00 within the Stormwater Capital Fund from General Stormwater System Improvements (Job
#P000074) to the reconstruction project to adequately cover the costs of construction on ITB #20-011, Job
#18501. Public Works recommends approval of the reallocation.
Approved on Consent. Motion carried 5-0.
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5. Approval of Purchases with Veolia Water Technologies as a Sole Single Source Vendor.
(Utilities Director Croteau)
The City of Ocoee annually budgets funds for spare stock and right- and left-handed gearboxes for oxidation
ditches. Veolia Water Technologies (dba Kruger) is the sole supplier of NORD motors, gearboxes, end and
drive bearings and the original designer of the City of Ocoee’s Wastewater Treatment Plant. Staff recommends
the City Commission approve the Veolia Water Technologies as a sole single source vendor for parts and repairs
for the Wastewater Treatment Plant, including gearboxes for the oxidation ditches. Staff also recommends the
City Manager be authorized to approve future purchases with Veolia Water Technologies up to the limit of his
purchasing authority for each purchase not to exceed the budgeted amount each fiscal year.
Approved on Consent. Motion carried 5-0.
PUBLIC HEARING - None
FIRST READING OF ORDINANCE - None
SECOND READING OF ORDINANCE – PUBLIC HEARING - 7:04 PM
6. Second Reading of Ordinance for FY 2020 Budget Amendment. (Advertised in the West
Orange Times on Thursday, April 22, 2021) (Finance Director Roberts)
The City Commission adopted an annual operating budget for the City on September 23, 2020. Subsequent to
the adoption of the budget staff identified the need for additional appropriations in the General Fund, the Storm
Water Fund, Water Fund and the Wastewater Fund. These appropriations are being presented at this time in
lieu of delaying completion of capital projects (City Hall, downtown streetscapes and utility work, Clarke Road
design and construction) until funded in next year’s budget. There are also Water/Wastewater appropriations
recommended related to emergency line repair costs.
City Attorney Cookson read the title of the ordinance.
Finance Director Roberts explained the primary budget items which staff identified the need for
additional appropriations in the General Fund, the Storm Water Fund, Water Fund, and the
Wastewater Fund. These appropriations are being presented at this time instead of delaying
completion of capital projects (City Hall, downtown streetscapes and utility work, Clarke Road
design and construction) until funded in next year’s budget. There are also Water/Wastewater
appropriations recommended related to emergency line repair costs.
The public hearing was opened.
Chris Adkins, 606 Ridgefield Avenue, asked questions concerning the funding and asked for
confirmation if this information was available on the City’s website. Finance Director Roberts
addressed his questions.
The public hearing was closed.
Motion: Move to adopt Ordinance No. 2021-003, Fiscal Year 2020/2021 Budget
Amendment; Moved by Commissioner Oliver, seconded by Commissioner Wilsen;
Motion carried unanimously.
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7. Second Reading of Ordinance Amending Articles 136-1, 136-2, and 136-3, of Chapter
136 of the City of Ocoee Code, Relating to Sexual Offenders and Sexual Predators.
(Advertised in the West Orange Times on Thursday, April 22, 2021) (Police Chief Plasencia)
The Police Department, in concert with the City Attorney’s Office, is recommending certain provisions of the
City Code relating to Sexual Offenders and Sexual Predators be amended to clarify certain definitions and
maintain consistency with Florida Statutes. Articles 136-1, 136-2 and 136-3 of Chapter 136 of the City of Ocoee
Code, Relating to Sexual Offenders and Sexual Predators would be amended to address the following: Article
136-1, Findings and Intent; Article 136-2, Definitions; Article 136-3, Sexual Offender and Sexual Predator
Residence Prohibition and Exceptions.
City Attorney Cookson read the title of the ordinance.
Police Chief Plasencia explained the proposed ordinance to amend Chapter 136. The Police
Department, in concert with the City Attorney’s Office, is recommending certain provisions of the
City Code relating to Sexual Offenders and Sexual Predators be amended to clarify certain
definitions and maintain consistency with Florida Statutes.
The public hearing was opened. As no telephone calls or emails were received, the public hearing
was closed.
Commissioner Brinson asked questions relating to who is responsible for identifying transients
in the sex offenders database, and how is the City informed of transients within the city limits.
Police Chief Plasencia addressed his questions.
Motion: Move to adopt Ordinance No. 2021-004, Amending Articles 136-1, 136-2,
and 136-3, of Chapter 136 of the City of Ocoee Code; Moved by Commissioner
Firstner, seconded by Commissioner Brinson; Motion carried unanimously.
REGULAR AGENDA - 7:17 PM
8. Discussion of an Unsolicited Offer from VMG to Purchase and Develop a Two-Story
Commercial Building on City-Owned Property Located at 2 North Bluford. (Assistant
City Manager Shadrix)
On April 15, 2021, the City received an unsolicited Letter of Interest from VMG Construction to again acquire
the property and construct a building consistent with the City’s original design. Rather than the City conveying
the property following construction of the building, with this new offer from VMG Construction, VMG
Construction would purchase the property from the City for $389,000 and then construct the building. Based
on City’s acquisition costs for the property ($344,000 in 2017), the sale amounts for comparable properties and
prior negotiations on the conveyance of the property, City staff believes that the $389,000 offer meets or
exceeds the fair market value of the property. If approved, the City would negotiate a contract for sale with
VMG. Pursuant to Section C-8.B.(2) of the Charter, since the sale would exceed $100,000, prior to the sale of
the property to VMG, the negotiated contract will be brought back to the City Commission and voted on
following a public hearing preceded by publication and notice of such hearing.
Assistant City Manager Shadrix explained the unsolicited offer from VMG Construction to
again acquire the property and construct a building consistent with the City’s original design.
Rather than the City conveying the property following the construction of the building, with this
new offer VMG Construction would purchase the property from the City for $389,000 and then
construct the building. Pursuant to Section C-8.B.(2) of the Charter, since the sale would exceed
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$100,000, prior to the sale of the property to VMG, the negotiated contract will be brought back
to the City Commission and voted on following a public hearing, to be preceded by publication
and notice of such hearing.
Commissioner Oliver inquired about the initial public-private partnership with VMG. Assistant
City Manager Shadrix addressed his question. Commissioner Oliver further asked for
confirmation that with the current offer from VMG to purchase the property, VMG would be
assuming all the risks associated with the development of the property. Assistant City Manager
Shadrix answered in the affirmative. Mayor Johnson briefly commented that this offer shows
that VMG is investing in the City’s downtown, and feels this project will entice the process of
getting the sewer lines installed in the downtown area.
Commissioner Wilsen inquired if VMG is committed to the conceptual drawings that the City
designed. City Manager Shadrix addressed her question and stated the contract will have
language that will require the construction of a building that is substantially similar to the
rendering. Commissioner Oliver inquired if VMG will be paying for an appraisal. City Attorney
Cookson shared there will not be an appraisal. He further explained the charter requires the City
to sell it at fair market value and shared that considering the history of this property they are
confident in the sale amount of $389,000. Lou Forges, representative for VMG, addressed the
question and advised an appraisal is not being considered since they feel the offer exceeds the fair
market value of the property.
Motion: Move to authorize City staff to proceed with the negotiation of an
agreement consistent with the letter of intent and construct a building consistent
with the City’s original design for the city-owned property located at 2 N. Bluford;
Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion
carried 4-1 with Commissioner Oliver opposing.
Commissioner Oliver shared his reasons for his opposition and Mayor Johnson shared his
reasons for his approval.
STAFF ACTION ITEMS - None
COMMENTS FROM CITIZENS/PUBLIC - 7:29 PM
The following persons addressed the City Commission:
- Melissa Byrd, OCPS Board Member, shared that she recently attended a workshop to
discuss school facilities and how to tackle the growth in Orange County. Commissioner
Oliver thanked Melissa for the visit and shared his hopes that the Ingram Road site will be
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a K-8 grade school in the very near future. He further expressed concerns with trespassers
on that parcel. Ms. Byrd asked Commissioner Oliver to kindly reach out to her and she
would assist him in resolving those concerns. Commissioner Brinson also thanked her
for visiting and inquired about the construction of the Westside VoTech. She addressed
his question and advised the expected completion date for that project will be 2023.
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Commissioner Brinson further expressed a desire for a robotics program at the VoTech
location as well as at Ocoee High School.
- Scott Kennedy, Ocoee Resident, commented on discussions that he felt were improperly
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handled at the April 20 City Commission Meeting, and questioned if the Commission is
properly following the Charter. Commissioner Oliver thanked him for his comments and
encouraged all residents to practice their rights to freedom of speech.
- Ray Mahlberg, Orlando Resident, shared his desire to save the historical house located at
951 Ocoee Apopka Road which is currently used as the haunted house. Mayor Johnson
acknowledged his request and shared that at this time the house is still actively used for a
community event that is highly desired by the residents.
- Chris Adkins, Ocoee Resident, commented on road debris at intersections within the City
that need to be cleaned up. He then stressed a desire to have the Music Festival transformed
into something more by possibly adding additional art & entertainment such as Blueberry
Festivals, Strawberry Festivals, Bluegrass Festival, Jazz Festivals, etc. He ended by
requesting the City create a line item within the general ledger for specific use on these
types of events.
- Jim Moyer, Ocoee Resident, shared a video on exponential growth and time.
- Battalion Chief Dan Debrecht, Retired Firefighter, shared his personal story on the brain
tumor he survived and thanked the City for the support and assistance they are offering to
Fire Fighter Pageau.
COMMENTS FROM COMMISSIONERS - 8:08 PM
Commissioner Brinson – Commented on the following:
1) Thanked Battalion Chief Dan Debrecht for his story and his years of service.
2) Commented on Gov. DeSantis' recent decision to lift Covid-19 restrictions statewide. He asked
that citizens be patient and understanding as local officials and private business owners navigate
this next phase.
3) Shared the same sentiment as Chris Adkins in a desire to hold additional festivals within the
City of Ocoee and encouraged citizens to weigh in with their thoughts and ideas.
4) Commented on the City Charter, and read section C-12(B) Prohibitions: appointments and
removals. He expressed his understanding that the Commission does have the right to speak to the
City Manager on matters of this nature and thanked Mr. Kennedy for his comments. He reminded
citizens it is their responsibility to keep the elected officials in check.
Commissioner Wilsen – Commented on the following:
1) Expressed her understanding of section C-12 (B) elaborating that the section reads, “with the
City Manager”. She agreed that the Commission has the right to speak with the City Manager, but
does not agree with the manner in which it was addressed.
2) Shared that she received a request from the Manager at the West Oaks Library who would like
to bring before the City Commission a presentation that would be roughly 15 minutes, and
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requested the Mayor’s approval to add this to a future agenda. Mayor Johnson asked City Clerk
Sibbitt to coordinate a date and time with the Manager of the West Oaks Library.
3) Announced that the Ocoee Police Department, Lions Club, and the Woman's Club will be
working together to host the annual Shred-It event. They are still in the planning phase; therefore,
the date and time are forthcoming, but she encouraged citizens to start gathering their documents.
Commissioner Firstner – Commented on the following:
1) Announced National Peace Officer’s Memorial Day, National Police Week, and National Fire
Fighter’s Day. He encouraged residents to thank our first responders for a job well done.
2) Announced National Teacher’s Appreciation Day, and encouraged parents to assist teachers by
donating an item or two to restock their classroom.
Commissioner Oliver – Commented on the following:
1) Read Section C-13: Regular and Special Meetings from the City Charter. He commented on
the removal of commission announcements from the agenda and requested that the section be
placed back on the agenda. City Attorney Cookson addressed his concerns. Mayor Johnson
explained due to a lack of announcements being made at the beginning of the meeting it was
removed. He offered to have staff bring it back to a future meeting for a vote if required. City
Manager Frank agreed to have the matter placed on the next agenda as a discussion item.
2) Announced that the IAFF Local 3623 Ocoee Professional Firefighters have partnered with the
First Baptist Church of Ocoee to provide a drive-thru food giveaway event every Friday throughout
the summer.
3) Announced the Summer Youth Job program and explained two of Career Source’s programs:
Explore, and Experience. He encouraged the youth to inquire and apply through Career Source’s
website, or by calling City Hall.
4) Commented on the Governor’s Executive Order and recommended wiping down of podiums in
between speakers.
5) Inquired if the City could offer internships to local students through Career Source as they did
back in 2019. City Manager Frank addressed his question and recommended having Jason with
Career Source reach out to him as soon as possible to discuss the possibility. He indicated that
$10,000 was set aside during the budget period; however, the Commission is still required to
approve the contract with Career Source.
6) Commented on the possibility of adding traffic control devices at the Montessori School on N.
Lakewood Ave. Commissioner Brinson addressed his concern.
7) Requested an update on the Lake Meadow Report. Assistant City Manager Shadrix
responded to his inquiry.
8) Inquired about the sidewalks and lights along Ingram Road. City Manager Frank shared that
they were waiting on Duke Energy. Assistant City Manager Shadrix shared that he meets with
Duke Energy monthly for status updates.
9) Explained his position on section C-13 of the City Charter regarding the agenda. Further
discussion ensued. City Attorney Cookson addressed the concerns and clarified that when the
Commission wishes to discuss and vote on a matter they have an obligation to bring it to the City
Managers' attention who will then arrange to have it placed on the agenda. He further elaborated
that not all announcements or comments need to be presented to the City Manager’s office, only
those items requesting a vote.
10) Read a quote on leadership written by Max DePree.
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Mayor Johnson – Commented on the following:
1) Announced the Ocoee Inspire Unite Event, a spiritual and inspiring concert for the community,
will be located at Bill Breeze Park on May 29, 2021.
2) Announced a Drive-Thru Food Drive provided by McCraney and Farm Share on Saturday, May
15, 2021, at McCraney Property’s Distribution 429 Park.
3) Inquired about the City’s logo being used on non-city-sponsored events, and referred to an
ordinance that Support Services Director Butler worked on in past years. Commissioner Oliver
disagreed with the Mayor’s position and further discussion ensued.
4) Commented on Governor DeSantis’ recent decision to lift Covid-19 restrictions statewide, and
asked for Staff to look into the matter. City Manager Frank addressed his concerns and shared
that he is working with the City Attorney on how to move forward.
5) Read a quote written by Alexander Hamilton.
ADJOURNMENT – 9:03 PM
APPROVED:
Attest: City of Ocoee
_______________________________ _____________________________
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
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