Loading...
HomeMy WebLinkAbout06-21-2022 MinutesMINUTES REGULAR CITY COMMISSION MEETING JUNE 21, 2022 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 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: Assistant City Manager Shadrix, City Attorney Cookson, City Clerk Sibbitt PRESENTATIONS AND PROCLAMATIONS - 6:15 PM Presentation from Orange County Public Schools (OCPS) on Renewal of the One -Mill Property Tax - OCPS Chief of Communications Scott Howat introduced himself and provided a PowerPoint presentation explaining the one mill property tax which is up for renewal and will be on the Primary Ballot in August to extend the tax for four (4) years. This tax is for essential operating expenses, including compensating teachers and support staff, preserving academic programs, arts, athletics, and student activities. Annual Comprehensive Financial Report Finance Director Roberts announced this will be the final Annual Comprehensive Financial Report by McDirmit Davis, as the City's Audit Firm. She expressed her appreciation to Ms. Campbell and the McDirmit Davis team for the 20+ years of service they have provided to the City. Tammy Campbell, Audit Manager for McDirmit Davis, provided an overview of the City's 2021 Financial Audit, which highlighted the City's General Fund, Capital Outlay Expenditures, and Water and Wastewater Fund. She noted that the City received an unmodified audit opinion, which is the best opinion any city can receive, and the City is in good financial health with reserves available. STAFF REPORTS AND AGENDA REVIEW - None COMMENTS FROM CITIZENS/PUBLIC - None I CONSENT AGENDA - 6:31 PM I Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1-5 with Item #6 being pulled for discussion and separate consideration. Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 5-0. Regular City Commission Meeting June 21, 2022 1 Approval of the Minutes for the Regular City Commission Meeting held June 7, 2022. (City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 2. Approval of New Appointment to the Parks & Recreation Advisory Board. (City Clerk Sibbitt) Members of the Parks & Recreation Advisory Board serve three-year terms. Only those persons who are legal residents of the City of Ocoee, or who are members of a City sporting organization that utilize the Ocoee parks, shall be eligible for membership. The resolution provides that the Parks & Recreation Advisory Board shall consist of no less than three (3) and no more than nine (9) members. Currently, the board has seven (7) members. One (1) application has been received by Jim Moyer who has shown an interest in being appointed to board for a term ending October 2025. Approved on Consent. Motion carried 5-0. 3. Approval of Two Temporary Construction and Access Easements for the OTC West Site 73-T-W-7 Tech School at Crown Point PUD. (Development Services Director Rumer) The School Board of Orange County is developing the OTC West -site 73-T-W-7 Tech Center at the Crown Point PUD located on Ocoee Apopka Road. As part of the construction of the Technical Schools, site improvements, a temporary construction and access easement is required to install and construct an access roadway, utilities, and drainage improvements on or adjacent to parcels owned by the City of Ocoee. The site work will include a new access drive from Ocoee Apopka Road that will benefit the City's property and an extension of Ocoee Crown Point Parkway from East Crown Point Road up to the school entrance. Approved on Consent. Motion carried 5-0. 4. Approval of Non -Substantial PUD Amendment to Siri Office, 3872 Old Winter Garden Road, Project No. RZ 22-06-39. (Zoning Manager Whitfield) The applicant/new property owner, Siri Real Estate Holdings LLC, is requesting an amendment to the 3872 Old Winter Garden PUD to amend the PUD Land Use Plan to shift the driveway access location westward approximately 100 feet in order to avoid impacts to a large electric transformer steel pole. The proposed shift of the driveway will result in a redesign of the site to place the driveway under the building and reduce the overall building square footage from 33,200 SF to 28,000 SF with a corresponding reduction in parking from 166 spaces to 140 spaces. The vehicular interconnection between this site and the property to the west that was required and approved in the original PUD will remain. Approved on Consent. Motion carried 5-0. 5. Approval of Process Control Services as the Single Source Vendor for Programmable Logic Controller and Supervisory Control and Data Acquisition (SCADA) Systems. (Utilities Director Croteau) The City of Ocoee's Utilities Department operates two (2) water treatment plants, two (2) reclaimed water pumping facilities, sixty-six (66) wastewater lift stations, and one (1) wastewater treatment plant. The advanced operations at the plants, pumping facilities and lift stations are managed by the utilization of two computer systems. Process Control Services has extensive experience with our PLC and SCADA systems, which allows them to effectively troubleshoot, diagnose and repair or reprograrn our systems. As a locally based company, they are the only vendor with the ability to be onsite at any of the facilities or lift stations within minutes of receiving a request. As such, the City of Ocoee has issued purchase orders totaling $81,796 with Process Control Services this fiscal year, including emergency repairs. Approved on Consent. Motion carried 5-0. Regular City Commission Meeting June 21, 2022 6. Notification of Emergency Purchase with Ring Power for Two New TrailerMounted 60kW Generators per Emergency Notification- Section 21 6, Chapter 21, City of Ocoee Code of Ordinances. (Utilities Director Croteau) The Utilities Department has requested the emergency purchase of two (2) 60kW trailer mounted generator units from Ring Power. The department currently owns three (3) trailer mounted generators, which has the department struggling to maintain operations at the lift stations during abnormal weather events. These units were included in the approved budget for Fiscal Year 2021/22, however, they exceed the City Manager's normal purchase authority. An emergency PO was necessary due to supply issues with the generator company. Commissioner Oliver shared he pulled the item for discussion as a Civics lesson for the students who attended a Leadership Conference with him and were watching the meeting. He asked the Utilities Facilities Superintendent, Trent Hopper, if he could explain why funding had to be moved for this item. Facilities Superintendent Hopper explained the need for the emergency Purchase Order and why the funding was necessary. Motion: Move to approve Consent Agenda Item #6; Commissioner Oliver, seconded by Commissioner Brinson. Motion carried 5-0. FIRST READING OF ORDINANCE - 6:35 PM 7. First Reading of Ordinance Adopting the New Boundaries for the Commission Districts of the City of Ocoee. (Second Reading and Public Hearing scheduled for July 19, 2022, Regular Commission Meeting at 6:1 S pm or soon thereafter) (City Clerk Sibbitt) The Districting Commission was appointed by the City Commission and held several meetings between October 2021 to April 2022. The Districting Commission presented a report to the City Commission on April 5, 2022, advising of its preferred plan. The City Commission accepted the recommended Board Plan 1C, and directed staff to bring back an ordinance adopting the new boundaries set forth in this plan. City residents were notified of the proposed Board Plan I in the April water bill as well as placed on the City's website. City Attorney Cookson read the title of the ordinance. Mayor Johnson announced this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on July 19, 2022, at 6:15 PM or soon thereafter. SECOND READING OF ORDINANCE — PUBLIC HEARING - 6:36 PM 8. Second Reading of Ordinance for Land Development Code Amendment to Article II, Section 2-4, Definitions, and Article ',V, Section =.5-15 'Specific Use/Development' Standards, Relating to Tourist HomesNacation Homes/Short-Term Rental Units. (Second Reading and Public Hearing scheduled for June 21, 2022, Regular Commission Meeting at 6:1 S pm or soon thereafter) (Zoning Manager Whitfield) The City has been experiencing a greater interest and influx of property owners and investors wanting to operate tourist homes or vacation rental units in the City. Section 509.032(7), Florida Statutes (FS), preempts the City's ability to prohibit vacation rentals or to regulate the duration or frequency of rental of vacation units if local Codes were not already in place prior to 2011. Because the City had provisions in place regarding tourist homes, including the number of rooms that could be offered for rent and requirements for parking and tax classification for lodging establishments based on the number of rooms or rental spaces with fewer than five (5) rooms, the City has the ability to update its Code in a manner that does not violate the preemption. The proposed ordinance details implementing amendments to Section 2-4 of Article II and Section 5-15 of Article V of the Land Development Code (LDC) relating to regulation of tourist homes. Regular City Commission Meeting June 21, 2022 Zoning Manager Whitfield provided a PowerPoint which summarized the City's current codes relating to vacation rentals, short term rentals, and tourist homes. She further stated Section 509.032(7), Florida Statutes (FS), preempts the City's ability to prohibit vacation rentals, or to regulate the duration or frequency of rental of vacation units if local Codes were not already in place prior to 2011. However, because the City had provisions in place regarding tourist homes, including the number of rooms that could be offered for rent, requirements for parking, and tax classification for lodging establishments based on the number of rooms, or rental spaces with fewer than five (5) rooms prior to 2011; the City has the ability to update its Code in a manner that does not violate the preemption. She further explained the proposed ordinance which detailed proposed amendments to Article II, Section 2-4, which clarified the existing definition of a tourist home, and created two (2) new definitions, "Transient guest" and "Vacation and short-term rental" and amendments to Article V, Section 5-15, to create a new Subsection 5-15(C) to establish standards and a process for tourist homes. Zoning Manager Whitfield summarized the discussions from the Planning & Zoning Commission Meetings, and shared the Board's recommended approval of the proposed ordinance. City Attorney Cookson read the title of the ordinance. The public hearing was opened. Jim Moyer, Ocoee Resident, shared concerns he has heard about homes in Arden Park being designed for Airbnb's. The public hearing was closed. Commissioner Brinson inquired if there is a definition on the timeframe for overnight stays. Zoning Manager Whitfield addressed his question. Commissioner Brinson inquired if Homeowners Association (HOA) Restrictions are being accommodated with this legislative change. Zoning Manager Whitfield addressed his question, and explained it is the responsibility of the property owner or business operator to be complaint with their HOA restrictions and that the City is not an enforcement entity of HOA restrictions. Commissioner Oliver explained free enterprise, and commented on complaints he has received about Airbnb's in the community. Motion: Move to adopt Ordinance No. 2022-10 for Land Development Code Amendment (LDC) to Article II, Section 2-4, Definitions, and Article V, Section 5-15 Specific Use/Development Standards, Relating to Tourist Homes/Vacation Homes/Short-Term Rental Units; Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion carried unanimously. Regular City Commission Meeting June 21, 2022 PUBLIC HEARING - 6:59 PM 9. Resolution Vacating a Portion of Existing Utility Easement Located at 1540 Lilly Oaks' Drive (VAC-22-032). (Advertised in the West Orange Times on Thursday, June 9, 2022) (Zoning Manager Whitfield) The property is located at 1540 Lilly Oaks Drive, assigned parcel ID number 29-22-28-4570-00-260. It is Lot 26 of the Lake Lilly Oaks subdivision. Per the subdivision plat and property survey, there is a 9-foot Drainage Easement and a 10- foot Utility Easement located near the rear (west and northwest area) of the property. The property owner wants to construct a screen enclosure over an existing deck that encroaches into the 10-foot Utility Easement. Section 5-613(1) requires that accessory structures shall not be located within an easement. Therefore, the property owner is seeking City approval to vacate a small portion of the 10-foot Utility Easement in order to construct a screen enclosure. As shown in the survey, the area for which the easement vacation is requested is a 3-ft x 9-ft triangular -shaped portion that extends into the easement. Letters were sent to the utility providers, and no objections to the requested vacation have been received. Zoning Manager Whitfield presented a brief overview of the vacation request for the property located at 1540 Lilly Oaks Circle. The area for which the easement vacation is requested is a 3-ft by 9-ft triangular -shaped portion that extends into the easement. She explained the applicant wants to construct a screen enclosure over an existing deck that encroaches into the 10-ft Utility Easement. Section 5-6 B (1) requires that accessory structures shall not be located within an easement. Therefore, the property owner is seeking City approval to vacate a small portion of the 10-ft Utility Easement in order to construct a screen enclosure. Letters were sent to the utility providers, and no objections to the requested vacation have been received. City Attorney Cookson read the title of the resolution. The public hearing was opened. As no speaker forms were received, the public hearing was closed. Motion: Move to adopt Resolution No. 2022-10 Vacating a Portion of Existing Utility Easement Located at 1540 Lilly Oaks Drive (VAC-22-032); Moved by Commissioner Firstner, seconded by Commissioner Oliver; Motion carried unanimously. 10. Approval of Contract for Sale and Purchase from 213PLATINUM LP for Two (2) City Owned Parcels Identified as 15 S. Kissimmee Avenue and 214 W. McKey Street. (Advertised in the Orlando Sentinel on Sunday, June 12, 2022) (Development Services Director Rumer) The City received an unsolicited offer from 213PLATINUM LP on February 8, 2022, for City -owned properties located on the southwest intersection of S. Kissimmee Avenue. and W. McKey Street (15 S. Kissimmee Avenue and 214 W. McKey Street). The City Commission authorized Staff to negotiate with the prospective buyer. Since that time, the City has received a contract from 2BPlantinum LP for the purchase of the property at a price of $300,000.00. The Contract includes certain terms and conditions: 1) Construction of a mixed -use building on the property; 2) Restriction on the sale or transfer of the property at any time prior to the issuance of the first certificate of occupancy for the building; 3) Restriction on leases; 4) City to demolish existing structure; 5) City has a repurchase right. Development Services Director Rumer explained the City Commission authorized staff to negotiate with a prospective buyer for City -owned properties located on the southwest intersection of S. Kissimmee Avenue and W. McKey Street. The property, which is approximately 1.10 acres, currently contains two (2) inhabitable buildings which are set to be removed with the Kissimmee Avenue/Taylor Street road work. Further, about .25 acres will be utilized for a City stormwater pond, and about 15 feet along Kissimmee Avenue will be needed to expand the right-of-way on Regular City Commission Meeting June 21, 2022 Kissimmee Ave. The City has received a contract from 2BPlantinum LP for the property for future mixed -use development. City Attorney Cookson explained the Contract includes certain terms and conditions that add value to the downtown corridor area. Mayor Johnson inquired, if conditions are not met, would the property ownership revert back to the City. City Attorney Cookson addressed his question. The public hearing was opened. 4s no speaker forms were received, the public hearing was closed. Commissioner Oliver inquired if the sale included the two properties mentioned. Development Services Director Rumer addressed his question. Motion: Move to approve a Contract for Sale and Purchase from 2BPLATINUM LP for Two (2) City -Owned Parcels Identified as 15 S. Kissimmee Avenue and 214 W. McKee Street, as presented by staff; Moved by Commissioner Firstner, seconded by Commissioner Brinson; Motion carried unanimously. REGULAR AGENDA - 7:07 PM 11.Recommendation from the HRDB for Approval of the 2022 Ocoee Election Day Remembrance Event Planner and Program Details. (HRDB Subcommittee Chair Carr) The Human Relations Diversity Board (HRDB), at their Regular Meeting held on May 5, 2022, received a detailed preliminary outline of the Ocoee Election Day Remembrance 2022 event as provided to them by the Jennifer Yon Agency. Following a lengthy discussion during the meeting about the time commitment already made by the Jennifer Yon Agency, the Board voted to recommend to the City Commission for approval of the Jennifer Yon Agency as event planner for the upcoming 2022 event. The motion passed 5-4. Subsequently, at their Regular Meeting held on June 2, 2022, the Jennifer Yon Agency provided the Board with a final outline detailing the November 4th, 5th, and 6th proposed event. The Board unanimously voted to recommend the proposal provided by Jennifer Yon Agency to the City Commission for their review and consideration. HRDB Subcommittee Chair Carr explained the preliminary outline and program details for the Ocoee Election Day Remembrance 2022 Event. He further shared that this event includes fundraisers and will solicit corporate sponsors. Mayor Johnson inquired on the total cost. HRDB Subcommittee Chair Carr addressed his question. Commissioner Brinson shared concerns with the cost, but as there may be potential sponsors, he inquired what the Board is asking of the City. HRDB Subcommittee Chair Carr said they are asking to fund the entertainment/headliner deposits; therefore, they will need 50% of the $126,000 total funding. If they do not use national headliners, they will fall back to local acts. Commissioner Wilsen commented on the atmosphere of the event and shared that she did not feel certain activities were appropriate for a remembrance event. She briefly shared what she thought a remembrance event should entail. HRDB Subcommittee Chair Carr addressed her concerns and explained the descendants he has spoken with are in support of the proposed event, as they embrace the proposed event as a Celebration of Life. Regular City Commission Meeting June 21, 2022 Commissioner Firstner reiterated the concerns about the atmosphere of the event; and further, shared he felt the proposed program is over budgeted. He explained the funding for this event is a discussion that would need to occur during the budget process as they have not approved any funding for the 2022-2023 fiscal year. HRDB Subcommittee Chair Carr addressed his concerns. Commissioner Oliver commented about the concerns of the atmosphere of the event. He further agreed that the funding requested is too much, but asked if $100,000 could be put in as a line item in the budget for discussion. He stated the HRDB currently has $17,000 in their budget, and recommended the City Commission procure those funds for this event, but believed that the event needed to be scaled back to a two-day event. Mayor Johnson commented on the letters he received from families that thanked the City for the previous Ocoee Remembrance Events they attended. He agreed with a two-day event similar to the event the Board hosted last year. He further explained that obtaining sponsorships will be tough with the current global issues. Commissioner Brinson shared concerns about the personal opinions expressed and felt the Commission needed to focus on if the funding can be provided. Commissioner Wilsen expressed the concerns she had with the proposed budget since they have not approved any funding for the upcoming fiscal year and cost is on the rise for services and products which will affect the City's budget. Motion: Move to approve the HRDB use the $17,000 in their current budget for the Ocoee Remembrance 2022 Event; and further, add a line item into the budget for discussion during the Budget Workshop; Moved by Commissioner Oliver; Discussion ensued. Motion died for lack of a second. City Attorney Cookson briefed the City Commission on what they can approve, such as event date, use of facility, and reallocation of current fiscal year funding or request for future funding. Assistant City Manager Shadrix reminded the City Commission of the requests made by the HRDB which includes approval of the event planner and program details. Brad Lomneck, HRDB Member, commented that there has been no motion from the HRDB to cancel the purchase of the sculpture, so he does not understand how the funds can be reallocated. He confirmed with the City Clerk that a motion had not been made, and she agreed. Mr. Lomneck further addressed a misstatement about the Subcommittee, and explained he felt the proposed event should remain similar to last year's event. HRDB Subcommittee Chair Carr addressed the comment on the sculpture funding, and shared that he requested the $10,000 not knowing how much the sculpture would cost. The sculpture was quoted at $26,000; therefore, it cannot be purchased. Scott Kennedy, HRDB Member, explained the dilemma of personal opinions and personalities that are hindering an agreement on event details, which is occurring within the HRDB, the Subcommittee, and the City Commission. He explained they all need to decide who the event is Regular City Commission Meeting June 21, 2022 for and what is the goal. He further clarified that the Board unanimously voted to recommend the proposal come before the City Commission as the Board could not come to an agreement, and felt HRDB members will be upset if funds are reallocated without their knowledge. He further voiced his concerns with the management fee in the proposal. Tonya Dorisca, HRDB Member, explained her thoughts on why the Board voted for this to come before the City Commission, as it was her understanding the Board wanted to clarify if this was a City sponsored event to assist with the golf tournament. HRDB Subcommittee Chair Carr voiced that he is trying to mold this event to be consistent with how the City handles the Ocoee Music Festival. Brief discussion ensued. Jim Moyer, Ocoee Resident, inquired if the City Commission needs to award the proposal to Jennifer Yon Agency. City Attorney Cookson summarized the discussion and shared it is his understanding that the City Commission is seeking to approve the dates for the event, authorize the reallocation of funds, and look at what funds will be available for this event at the budget workshop. Commissioner Oliver inquired how much was in the Contingency Funds; and further discussion ensued on how those funds could be used. Brief discussion ensued. Motion: Move to approve the Ocoee Remembrance 2022 Event for November 5tn and 6th; and further, allow the HRDB to utilize the $7,000 and reallocate the $10,000, if the HRDB has no objections, in order to move forward with the event; Moved by Commissioner Oliver, seconded by Commissioner Wilsen; Motion carried unanimously. (Five Minute Recess) COMMENTS FROM CITIZENS/PUBLIC - 8:33 PM The following persons addressed the City Commission: - Jim Moyer, Ocoee Resident, showed a PowerPoint presentation which explained inclusion; and further, suggested the City utilize the website NationalToday.com and demonstrated how to use the website. - Thomas Ware indicated he was present on behalf of Antonio Phillips to request fees be waived for the Bill Breeze Park and the Lakeshore Center on Saturday, July 23d for an event called Unity in the Community in order to bring together local Hispanic, African - American, and Caucasian communities. He also asked if the City is able to contribute towards a stage and sound. Parks and Recreation Director Johnson further explained the event, and said the paperwork has been filled out and awaits approval from City departments. Commissioner Wilsen asked for more clarification on the event details. Mr. Ware said the park will have cultural music with local political candidates running for office who wish to speak. Discussion ensued regarding this event being a political Regular City Commission Meeting June 21, 2022 platform. Commissioner Brinson said this event is 30 days out; however, the first meeting in July has been canceled, and a decision needs to be made tonight. Mayor Johnson asked if they could move the event to August in order to bring this back to the next meeting on July 191n with more details. Development Services Director Rumer said staff currently has three special events in process for around the same time. Miguel Hernandez, partner to Applicant, explained the inside venue is needed because of an exhibit. He further shared that Antonio Phillips is the event promoter. Commissioner Wilsen explained her concerns about giving the park and Lakeshore Center to an event planner. Discussion ensued regarding the exhibit, which was an exhibit from the recent Juneteenth event held at the Lakeshore Center. Commissioner Brinson indicated he did not believe the exhibit is necessary for their event and believes they should only use the park. Mayor Johnson explained to Mr. Ware that they need to pay for porta-potties, police coverage, and clean- up; and further, it should not be a political platform, as fees are being waived. Motion: Move to approve waiving of the fees for use of Bill Breeze Park on Saturday. July 23rd with all other associated fees to be paid by applicant; and further, the event cannot be politicized; Moved by Commissioner Brinson, seconded by Commissioner Oliver; Motion carried unanimously. COMMENTS FROM COMMISSIONERS - 9:01 I'M Commissioner Brinson — Commented on the following: 1) Asked residents to do their 9:00 pm routine check to make sure their doors and windows are secure on their homes and cars. 2) Urged drivers to drive safely. 3) Asked residents to watch children at pools, and around water. 4) Encouraged the public to be mindful when outside with earbuds; and further, only wear one so you can hear what is happening around you. Commissioner Wilsen — Commented on the following: 1) Wished everyone a Happy 4th of July, be safe, and obey the speed limits. 2) Announced the next City Commission Meeting is on July 191n Commissioner Firstner — Commented on the following: 1) Invited residents to the Family Aquatic Center. Commissioner Oliver — Commented on the following: 1) Read an excerpt explaining Juneteenth. 2) Announced residents will see some activity at the intersection of Ingram and Clarcona Ocoee Road due to the County installing a traffic signal. 3) Shared he attended a Youth Leadership Conference on June 11 to where they learned about civics, leadership, life skills, and scholarships. 4) Read a Bible verse. Regular City Commission Meeting June 21, 2022 Mayor Johnson — Commented on the following: 1) Thanked HRDB Chair Lori Hart for presenting the Juneteenth proclamation at Saturday's Juneteenth event. 2) Commented on canceling one of the August meetings for a summer break. 3) The Florida League of Cities' Annual Conference will be held at the Diplomat Beach Resort in Hollywood, Florida, on August 11-13, 2022. Each year Cities are asked to appoint a Voting Delegate for the Annual Business Session at the Florida League of Cities Annual Conference. Motion: Move to appoint Mayor Johnson as the Voting Delegate for the Annual Business Session at the 2022 Florida League of Cities Annual Conference; Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion carried unanimously. ADJOURNMENT — 9:10 PM APPROVED: Attest: City of Ocoee Melanie Sibbitt, City Clerk Rusty John i Mayor