HomeMy WebLinkAbout09-07-2021 Minutes MINUTES
REGULAR CITY COMMISSION MEETING
SEPTEMBER 7, 2021
CALL TO ORDER- 6:16 PM
Mayor Johnson called the regular session to order at 6:16 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
PRESENTATIONS AND PROCLAMATIONS - 6:17 PM
Mayor Johnson requested a moment of silence in honor of those that lost their lives on 9/11.
Proclamation—9/11 Remembrance read and proclaimed by Mayor Johnson. Provided to staff
to be placed on display in City Hall lobby.
Proclamation—National Assisted Living Week—September 12 - 18 read and proclaimed by
Mayor Johnson
Mayor Johnson announced City Clerk Sibbitt's recent outstanding achievement of Master
Municipal Clerk. He provided a brief explanation of the IIMC program and the dedication it
requires to achieve such an accomplishment.
STAFF REPORTS AND AGENDA REVIEW- 6:26 PM
City Manager Frank announced before them is the following:
Emergency Item #1 - Additional,Easement on the New City Hall Site Property for Duke
Energy Related to Item Seven - 10 Foot Easement for Duke Energy. (Utilities Director
Croteau)
To serve the new City Hall site,Duke Energy requested a 10 foot easement on the north and east side of the
City Hall site to install their lines and set the transformer the building. During review of the project, Duke
became aware that the line they anticipated using to feed the City Hall was damaged necessitating the
installation of a new line along Bluford to connect to their pull box on the corner of Bluford and Oakland. In
reviewing their options, Duke requested the ability to install the line not in the right-of-way on Bluford,but
on City Hall property. See dashed line on attached Duke Energy Proposed Work Plan.
Staff met with Duke on site this past Thursday and is working with them to find the correct placement for their
line. To expediate bringing power to the building and maintain the schedule, Staff is requesting that the
Commission grant the City Manager the authority to approve and the Mayor to sign the fmal layout and
paperwork granting the additional easement to Duke Energy. Staff is working with the City Attorney's Office
to formalize the fmal easement.
City Manager Frank briefly explained the request for an additional easement on Bluford Avenue
for Duke Energy. Staff requests that the Commission grant the City Manager the authority to
approve, and for the Mayor to sign the final layout and paperwork granting the additional
easement to Duke Energy once the legal description is finalized.
Regular City Commission Meeting
September 7, 2021
Motion: Move to approve Emergency Item #1, Additional Easement on the New
City Hall Site Property for Duke Energy Related to Item Seven -- 10 Foot Easement
for Duke Energy. Moved by Commissioner Wilsen, seconded by Commissioner
Oliver; Motion carried unanimously.
COMMENTS FROM CITIZENS/PUBLIC - 6:28 PM
No speaker reservation forms were received.
Mayor Johnson briefly announced information on two upcoming events being sponsored by the
City.He asked the Police Chief to provide details on the location and time for the 9/11 Memorial
Event.
CONSENT AGENDA- 6:29 PM
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1 -#8.
Commissioner Oliver commented on a discussion found on the video of their August 17th
televised meeting in which Commissioner Wilsen addressed the civility code, and her
disappointment that her request had not been granted. He asked that corrections be made to the
minutes to reflect that three of the members had asked to move forward with the discussion. City
Clerk Sibbitt noted that the comment he references is on page 13 of the minutes,and the minutes
are written to only reflect what was done, and not what was said; therefore, there are no
corrections to be made. Commissioner Oliver stated he would like this comment shared for the
record.
Commissioner Wilsen shared she approves the minutes how they were written, but will review
the video and will bring forth a discussion about civility to their next City Commission meeting.
Moved by Commissioner Oliver, seconded by Commissioner Brinson; Motion
carried 5-0.
1. Approval of the Minutes for the Regular City Commission Meeting held August 17,'
2021. (City Clerk Sibbitt)
Approved on Consent. Motion carried 5-0.
2. Approval of Resolution to Participate in Opioid Litigation Settlement. (City Attorney
Cookson)
The City Commission approved an Agreement with the Romano Law Group to represent the City of Ocoee in
national litigation against the manufacturers of opioids (the "Opioid Litigation"). The State of Florida and
attorneys representing certain various local governments, including the Romano Law Group on behalf of the
City,have proposed a unified plan for the allocation and use of prospective settlement compensation from the
Opioid Litigation. The Memorandum of Understanding outlines an agreement intended to govern the
distribution of proposed settlement proceeds obtained through the Opioid Litigation to be utilized for
strategies,programming and services used to expand the availability of treatment for individuals impacted by
Regular City Commission Meeting
September 7, 2021
substance use disorders.The Memorandum of Understanding is the result of numerous meetings with the State
of Florida Attorney General's Office and includes feedback and comments from many local subdivisions.
Based upon the status of the Opioid Litigation, the likely structure of any settlement,the potential litigation.
risks in the absence of such settlement and the best interest of the City and its citizens,City Staff recommends
the Memorandum of Understanding be approved by Resolution.
Approved on Consent. Motion carried 5-0.
3. Approval of Agreement with Violations Hearing`Special Magistrate. (Police Chief
Plasencia)
On May 1, 2018, the City adopted Ordinance 2018-018 which established the Violations Hearing Special
Magistrate (the "Special Magistrate"). Under that Ordinance, the Special Magistrate hears and considers
contests of designated City Code violations, including but not limited to violations relating to nuisance fire
alarms, noise and parking violations. The City has a need for a Special Magistrate to hear red-light camera
violations and certain Code Enforcement matters. City Staff and the City Attorney recommend that the City
engage James "Skip" Fowler to serve as Special Magistrate. Mr. Fowler's duties as Special Magistrate will
encompass both red-light camera violations and certain code enforcement matters. The City Attorney has
determined that Mr.Fowler has the requisite experience,availability and desire to perform such services.
Approved on Consent. Motion carried 5-0.
4. Approval of the Blue Jay Way Pathway Project. (Public Works Director Krug)
Public Works solicited vendors on the City's Continuing Contract for Small Construction Services to provide
the pavement improvements for the Blue Jay Way pathway leading to Spring Lake Elementary.Public Works
received two (2)responsive bids with the remaining vendors not in a position to provide pricing at this time.
Public Works is requesting Commission approval to award the project to the low bidder,Barracuda Building
Corporation in the amount of$98,436.00. The cost proposal is within industry standards based on the limited
access to the project site.The project is adequately funded.
Approved on Consent. Motion carried 5-0.
5. Approval of Certification of Non-Ad.Valorem Assessment Roll for Solid Waste,
Inclusion on the Orange County Tax Roll for Fiscal Year 2021/2022. (Public Works
Director Krug)
The City Commission approved Resolution No.2006-003 to provide for collection of Solid Waste fees through
the annual Orange County tax roll.The agreement between City of Ocoee and Orange County Tax Collector
requires the City to annually certify the non-ad valorem assessment roll by September 15th. The fiscal year
2021/2022 tax roll for Solid Waste calculates revenue to be$3,784,284.45. This is based upon the residential
Solid Waste fee which has been increased 1.4% per adopted Resolution No. 2019-013 from $267.70 to
$271.45 annually.This is an increase of$150,524.65 from the current year and is attributed to the rate increase,
annexations and new homes.
Approved on Consent. Motion carried 5-0.
6. Approval of Certification of Non-Ad Valorem Assessment Roll for Stormwater
Inclusion on the Orange County Tax Roll for Fiscal Year 2021/2022. (Public Works
Director Krug)
The City Commission approved Resolution No.2006-003 to provide for collection of stormwater fees through
the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector
requires the City to annually certify the non-ad valorem assessment roll by September 15th. The fiscal year
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2021/2022 tax roll for Stormwater calculates revenue to be$3,602,764.95. This is an increase of$22,754.09
from the current year and is attributed to annexations,new homes and commercial development.
Approved on Consent. Motion carried 5-0.
7. Approval for the Granting a 10 Foot Easement on the New City Hall Site to Duke
Energy. (Unifies Director Croteau)
To serve the new City Hall site,Duke Energy has requested a 10 foot easement to install their electrical lines.
The lines will run in along Oakland Avenue on the north side of the property, and then run south along the
eastern edge of the project site to McKey Street where the transformer for the building will be set. The
easement and power lines are needed to serve the new City Hall. However,to help ensure continuous power,
Duke will be running from the new City Hall transformer north along the same easement to connect to a three-
phase cabinet at the Lakeshore Center,looping the power system.
Approved on Consent. Motion carried 5-0.
8. Notification of Emergency Purchase with Veolia Water for New Rotor Shaft at the
Wastewater Treatment Plant. (Utilities Director Croteau)
In the process of changing out the City's Oxidation Ditch Rotor#3 (previously approved as an emergency
purchase),the City staff and contractor recognized a structural failure of the existing rotor shaft and determined
replacement of the unit was required in order to ensure proper operation of the unit. Veolia was able to
overnight a new unit and it was immediately installed, so that the gearbox installation was only delayed by
one(1)day.The rotor shaft was installed when the plant was originally built.
Approved on Consent Motion carried 5-0.
PUBLIC HEARING-None
FIRST READING OF ORDINANCE— 6:35 PM
9. First Reading of Ordinance Regulating the Retail Sale of Dogs, Cats and Rabbits by
Pet Stores. (Second Reading and Public Hearing scheduled for September 21, 2021,Regular Commission
Meeting at 6:15 pn2 or soon thereafter) (City Attorney Cookson)
On June 24,2021,the Board of County Commissioners of Orange County enacted an ordinance prohibiting
the retail sale of dogs, cats and rabbits in Orange County. The Orange County Charter specifically provides
no county ordinance shall be effective within a municipality if the municipality maintains an ordinance
covering the same subject matter or activity as the County Ordinance. City Staff has determined that the
existing"Chews A Puppy" pet store within the City of Ocoee is engaged in the retail sale of dogs, cats and
rabbits and,absent this proposed Ordinance,would be prohibited from engaging in the retail sale of dogs,cats
and rabbits. The proposed ordinance would create a limited exemption for the existing Chews A Puppy pet
store to continue operating within the City provided, however, it operates under the same brand, business
model,size, and in compliance with all other applicable existing City regulations.All other pet stores within
the City will be prohibited from engaging in the retail sale of dogs,cats and rabbits as of the effective date of
the ordinance.
City Attorney Cookson read the title of the Ordinance.
Mayor Johnson announced he will open the floor for public comments. This item will be
presented as a second reading and public hearing at the next scheduled City Commission meeting
on September 21, 2021, at 6:15 PM or soon thereafter.
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Regular City Commission Meeting
September 7,2021
Scott Kennedy, Ocoee resident, spoke about the proposed ordinance and shared his concerns
with how the ordinance was drafted for approval. He shared information from the Better Business
Bureau on the business Chews A Puppy and feels that it will be a mistake for the City to make
that business an exception within the ordinance. He proposed that criterion be drafted that would
allow pet stores in the City, with City Commission approval.
City Attorney Cookson explained the Orange County ban and shared that the action of the City
Commission at a prior meeting was that they were in favor of permitting the one existing pet store
to continue operating while prohibiting any other business from engaging in the retail sale of
dogs, cats, and rabbits as of the effective date of the ordinance. This is a first reading of the
ordinance,therefore, if there are any requests to make changes,now would be the time to modify
the ordinance. He further explained approval of the ordinance, as written, does not prohibit the
City Commission from amending the ordinance at a future date to allow another business from
operating within the City limits.
Brad Lomneck, Ocoee resident,inquired if PetSmart was in the City limits, and if this ordinance
would affect them.
Discussion ensued about the ordinance and the removal of the existing business name from within
the ordinance.
Nicholas Grastara, Owner of Chews a Puppy, clarified the adoption operations of PetSmart and
shared their business stopped retail rabbits sales.
Commissioner Oliver inquired if this item can be researched further before they make any final
approvals.
City Manager Frank explained the grandfathering in of Chews A Puppy, and shared if they are
seeking to make a change in the wording, that can be accomplished before the second reading.
Lou Forges, Ocoee resident, shared his concern with the exemption, and feels that any kind of
change of ownership should limit the business from operating. Brief discussion ensued.
10. First Reading of Ordinance Implementing a Temporary Moratorium on Processing
Applications for Self-Storage within the C-3(General Commercial)and I-1(Restricted
Manufacturing and Warehousing) Zoning Districts. (Second Reading and Public Hearing
scheduled for September 21, 2021, Regular Commission Meeting at 6:15 pm or soon thereafter)
(Development Services Director Runier)'
The Development Services Department has received numerous inquiries and requests to meet regarding new
Self-Storage facilities within the City's C-3 (General Commercial) and I-1 (Restricted Manufacturing and
Warehousing) zoning districts. In keeping with the City's visions of providing opportunities for amenities
such as restaurants, shopping, mixed-use centers, and employment for its 50,000 residents, a review of the
developable land and carrying capacities of self-storage facilities is essential to fulfilling the vision. Currently,
the City has 11 self-storage facilities that are operating,under development,or recently approved.Self-storage
facilities are unique in that they tend to be large buildings that generate low utility consumption, low traffic
trips, and also generate low employment. A moratorium on self-storage facilities will allow time for staff to
facilitate a study on the optimum carrying capacity of units based on current and future populations to better
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September 7, 2021
assess future projects and better understand the tradeoffs for having self-storage on a parcel that may be better
suited for retail or restaurants based on the City's vision.
City Attorney Cookson read the title of the Ordinance.
Mayor Johnson announced that this will be presented as a second reading and public hearing at
the next scheduled City Commission meeting on September 21, 2021, at 6:15 PM or soon
thereafter.
SECOND READING OF ORDINANCE—PUBLIC HEARING - 6:52 PM
11. Second Reading•of Ordinance to Renew the Franchise Agreementwith Duke Energy.
(Advertised in the West Orange Times on Thursday,August 12, 2021, August 19; 2021,August 26, 2021 and
Thursday September 2, 2021) (City Attorney Cookson)
The Proposed Ordinance is a renewal of the Franchise Agreement between the City and Duke Energy for a
term of ten(10)years. Duke Energy originally wanted a thirty (30)year term, but they have agreed to a ten
(10)year term. The franchise granted by this Proposed Ordinance may be renewed by the City for up to two
(2)successive five(5)year periods.Each renewal requires that the City provides notice of an election to renew
at least six(6)months prior to the end of the term. The City shall be entitled to receive from Duke Energy a
monthly franchise fee in an amount that will equal six(6%)percent of Duke Energy's Base Revenues for the
preceding month(the"Franchise Fee"). The Franchise Agreement contains a"Favored Nations" clause—in
the event Duke Energy negotiates a franchise fee with another municipality that is greater than the Franchise
Fee with the City,we have the right to increase the Franchise Fee to match the franchise fee applicable to the
other municipality.
City Attorney Cookson read the title of the ordinance.
City Attorney Cookson explained the proposed Franchise Agreement with Duke Energy. The
franchise granted by this proposed Ordinance may be renewed by the City for up to two (2)
successive five(5)year periods.The City shall be entitled to receive from Duke Energy a monthly
franchise fee in an amount that will equal six (6%)percent of Duke Energy's Base Revenues for
the preceding month (the "Franchise Fee"). The Franchise Agreement contains a "Favored
Nations" clause—in the event Duke Energy negotiates a franchise fee with another municipality
that is greater than the Franchise Fee with the City, the City of Ocoee will have the right to
increase the Franchise Fee to match the franchise fee applicable to the other municipality.
The public hearing was opened. As no speaker forms were received, the public hearing was
closed.
Motion: Move to adopt Ordinance No. 2021-036 Renewing the Franchise
Agreement with Duke Energy; Moved by Commissioner Brinson, seconded by
Commissioner Wilsen; Motion carried unanimously.
REGULAR AGENDA-None
Regular City Commission Meeting
September 7, 2021
COMMENTS FROM CITIZENS/PUBLIC - 6:54 PM
The following persons addressed the City Commission:
- Jim Moyer, Ocoee Resident, announced the date and time of the 9/11 Memorial Event
hosted by the CACOPD, and congratulated the City Clerk on her recent accomplishment
of Master Municipal Clerk.
- Norine Dworkin, Journalist, inquired about the extended COVID-19 benefits approved
at the August 3rd City Commission meeting. City Manager Frank addressed her
concerns, and encouraged her to submit a public record request through the Clerk's office.
- Scott Kennedy, Ocoee Resident, commented on traffic safety concerns throughout
Orange County, the need to provide instructor led drivers education through Orange
County Public School (OCPS), and the lack of traffic enforcement. He shared statistics
and encouraged Speed Deterrent Radar signs at dangerous intersections.He then proposed
an adjustment at the next budget meeting to accommodate the installation of at least two
signs along Clarcona Ocoee Road.
COMMENTS FROM COMMISSIONERS - 7:04 PM
Commissioner Brinson—Commented on the following:
1)Addressed Mr.Kennedy's traffic safety comments and inquired about the City's ability to place
signs along Clarcona Ocoee given it is an Orange County Road. City Manager Frank shared
that given it is a public safety issue he did not foresee Orange County having a problem with the
City installing speed deterrent signs. Public Works Director Krug agreed, and noted that a
permit would need to be pulled. Mayor Johnson inquired about using the Commission's
remaining $13,690.00 Contingency Funds to provide signs. Commissioner Brinson inquired
about using his discretionary funds. City Manager Frank shared end-of-year financial
obstacles, and indicated that he would inquire with the Finance Department. After a brief
discussion, the Commission requested that Staff provide additional information on the cost
for Speed Deterrent Radar Signs.
2) Addressed Mr. Kennedy's comment about OCPS offering an instructor led drivers education
course. He explained that OCPS has pal inered with an outside organization to provide their
students with this service, but felt this information is unknown to most citizens and needs to be
shared properly.
3) Requested an update on the Fullers Cross Road intersection. Public Works Director Krug
addressed his concerns
4)Requested an update on the new City Hall. Public Works Director Krug provided an update.
5) Asked citizens for patience during the multiple ongoing projects throughout the City.
6)Provided the date and time for the next Covid-19 Vaccination Event being offered at the Orange
County Courthouse located on Story Road.
7) Requested an update on Blue Jay Way. Public Works Director Krug provided an update.
8)Provided information concerning expert opinion vs. personal opinion.
Commissioner Firstner—Commented on the following:
1) Announced the date and time of the next COVID-19 Vaccination Event being held at the Jim
Beech Recreational Center on AD Mims Road.
2)Announced the date and time of the CACOPD 9/11 Memorial Event.
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3) Thanked Public Works for trimming the bushes along Maguire Road.
4) Offered his remaining discretionary funds to assist in the purchase of Speed Deterrent Radar
signs.
Commissioner Oliver— Commented on the following:
1)Encouraged citizens to get involved by volunteering on one of the City's Advisory Boards and
announced the current vacancies.
2) Commented on obstacles the West Oaks Mall business owners are facing and shared the City's
limitations due to the Mall being a private entity. He then inquired if the City could create a
hardship program that offers to waive Local Business Taxes for struggling businesses. City
Attorney Cookson offered to research and provide information.
3) Requested an update for the proposed traffic light on Ingram Road. Public Works Director
Krug provided his most recent communications with the County. City Manager Frank further
explained the financial restrictions and why legally they must wait until October 1st to move
forward with this project. Mayor Johnson requested to address this issue at the next Budget
meeting, so there are no additional obstacles on October 1st.
4) Inquired about the widening of Clarke Road. Public Works Director Krug provided a
timeline, and shared that it is currently on schedule to be completed by October 2022.
5) Announced the Human Relations Diversity Board in partnership with Highpoint Church will
host a memorial for the 1920 Massacre at Bill Breeze Park on Saturday,November 6th. Additional
information to be provided as the date gets closer.
6) Shared a quote on love.
Commissioner Wilsen— Commented on the following:
1)Announced the date and time for the 2021 Shred to Protect Event, and encouraged residents to
take advantage of this great opportunity.
2) Shared the City's budget hearing dates and times.
3) Spoke about the TRIM bill, shared important information about how the millage rate is
calculated, and encouraged residents to ask questions not only at the City Budget Meetings, but
at the County meetings as well.
Mayor Johnson—Commented on the following:
1)Announced the date and time of the CACOPD 9/11 Memorial Event to be held on the grounds
of the City's historic Withers Maguire House. 2,977 American flags will be planted in memory
of the victims.
2)Announced the date and time of the next COVID-19 Vaccination Event being held at the Jim
Beech Recreational Center on AD Mims Road.Both Pfizer and Johnson&Johnson Vaccines will
be available. Anyone vaccinated will receive a$10 grocery coupon.
3)Announced the City's budget hearing dates and times. Both meetings will be broadcast live on
Spectrum Channel 493 with a Livestream on the City's website Ocoee.org, and all interested
parties are invited to be heard during the public comments and public hearing portion of that
meeting.
4) Announced the CRA will be meeting before the next City Commission meeting on Tuesday,
September 21St at 5:00 pm.
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September 7, 2021
5) Spoke about ongoing Code Enforcement violations, and requested Staff to research and find
solutions to rectify the issues. City Manager Frank offered to place the item on the next Attorney
Day for further discussion.
6) Noted that school traffic patterns seem to be moving smoother this year, however, drivers
speeding around town seem to be an issue. He encouraged residents to slow down, requested
police presence near the school during the time children are going to and from school, and
recommended ticketing offenders as he fears that a child may be hit if motorists don't slow down.
7)Asked Public Works Director Krug to follow up with Duke Energy on the lights along Maguire
Road and Ingram Road.
8) Commented on the hardship program suggested by Commissioner Oliver, and recommended
consideration of a program that might help anyone facing difficult times within the City.
ADJOURNMENT—7:46 PM
APPROVED:
Attest: City of Ocoee
.//60— -k)01
Melanie Sibbitt, City Clerk Rusty Joh s n, ayor