Item 01 Approval of the Minutes for the Regular City Commission Meeting held July 21, 2020 MINUTES
REGULAR CITY COMMISSION MEETING
JULY 21,2020
CALL TO ORDER- 6:17 PM
Mayor Johnson announced the following, "All interested parties are invited to be heard during
the public comments portion of this meeting. City Hall is open to the public; however, due to
social distancing guidelines attendance inside the City Commission Chambers will be limited to
the City Commissioners and City Staff Members of the public wishing to participate in this
meeting will be seated in the Lakeshore Center and brought over right before they are to speak.
Additionally, the public may call or email comments and/or questions to 407-554-7118 or
citizens@ocoee.org. City staff will be standing by to ensure that your questions/comments come
before the City Commission during the meeting."
Mayor Johnson called the regular session to order at 6:17 PM in the Commission Chambers of
City Hall. The Pledge of Allegiance to the Flag was led by Commissioner Firstner, followed
by the invocation led by Mayor Johnson. 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 - 6:32 PM
Presentation by HRDB Chair Crown & Chair-Elect Maxwell on the 1920 Memorial Event
Program Details
HRDB Chair Crown shared that the Human Relations Diversity Board (HRDB) is requesting
the City Commission support their efforts for the 100-Year Memorial the board has been planning
for several years. With the current COVID pandemic and due to the CDC guideline requirements,
a lot of their planned efforts have had to change. She further shared the HRDB is requesting the
City Commission to provide exclusive rights to City properties for the week of October 31st —
November 8th. She shared that a portion of Bluford Avenue may also need to be closed for the
unveiling of the historical monument, once a location is decided by the board, and further
provided details on the event which warrants the road closure. It was shared that there will be a
request for funding as the event spans throughout that week starting with a dinner for the
Descendants of the victims. Further details on the event were provided.
HRDB Chair-Elect Maxwell addressed the City Commission to request their support to allow
the HRDB to continue the planning of their event until completion. He explained the proposed
event is to tell the story of the tragedy while honoring the memory of all the fallen victims. He
further addressed all comments that were received by the Mayor in a letter dissenting the efforts
of the HRDB. He concluded by extending an invitation to all Descendants and anyone who has
positive,or negative,comments to provide them to him so they may worked through by the HRDB
to achieve the desired objective, which is to unveil a marker that tells the story of every African
American who was a victim of the 1920 Election Day massacre.
Regular City Commission Meeting
July 21,2020
COMMENTS FROM CITIZENS/PUBLIC—7:22 PM
The following person(s) addressed the City Commission:
- Senator Bracy addressed the City Commission to ask if he could host his July in
November Event before Election Day on Saturday, October 31st. He shared the event he
is hosting would be during the day,just as it was held last year,and feels it will not conflict
with the HRDB event. His request would be for the approval to host the event at Bill
Breeze Park and to be supplied Police support as was done last year; otherwise, he is
willing to take his event elsewhere if denied approval. A brief discussion ensued on the
selected date.
- Pastor Steven A. Nunn, President and CEO of the July Perry Foundation, advised the
City Commission on the numerous types of communication that have occurred with the
HRDB and Elected Officials. As the leader of the Foundation, he advised that he stands
behind the vision and the mission of the Julius "July" Perry Foundation and the intent to
partner with all parties. He briefly explained his efforts to meet with the HRDB; and
further, voiced that his foundation is ready to do what is needed to collaborate.
(3-minute time limit began)
- Moushaum Robinson spoke in support of the July Perry Foundation collaborating in a
celebration event.
- Tonya Dorisca spoke in support of the July Perry Foundation collaborating with the City
on an event.
- Ashley Carter spoke regarding the history of Ocoee not being in the history books as well
as not being a part of community education.
- Russell Drake spoke in support of the July Perry Foundation collaborating with the City
on an event.
HRDB Chair Crown confirmed the request for the dates of October 31st —November 8th and
shared they are asking the City Commission to advise how they want the board to proceed.
Commissioner Brinson inquired if they are hosting a program on each date. HRDB Chair
Crown shared that Tuesday night is Election Day, and a Commission Meeting night, so that date
for certain is not being considered. Brief discussion ensued with regard to Senator Bracy
requesting one of the selected HRDB event dates to host his event. Commissioner Wilsen
inquired if all three organizations were seeking to host an event. HRDB Chair-Elect Maxwell
shared that the HRDB is asking the City to support their board as they are proceeding pursuant to
their by-laws. Senator Bracy clarified that the July Perry Foundation supports his event and will
like to partner with him.
Lengthy discussion ensued with regards to the request from Sentaor Bracy and the HRDB Board
to honor the victims of the past.
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Motion: Move to allow Senator Bracy to host his event on October 31st and work
collaboratively with the HRDB Board to hold such an event. Moved by
Commissioner Oliver, seconded by Commissioner Brinson;
Discussion ensued regarding the date selected by Sentor Bracy.
Amended Motion: Move to allow the HRDB Board to work collaboratively with
Sentor Bracy to hold an event on a date to be determined. Moved by Commissioner
Oliver, seconded by Commissioner Brinson; After discussion, Motion failed 3-2
with Mayor Johnson, Commissioner Wilsen, and Commissioner Firstner
opposing.
Motion: Move to designate the dates of October 31st - November 8th for the HRDB
Board to coordinate all programs and efforts on a Memorial Program. Moved by
Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 4-1
with Commissioner Oliver opposing.
STAFF REPORTS AND AGENDA REVIEW- 6:20 PM
City Manager Frank announced that City staff is requesting to pull Item #3 which is the
addendum to the lease agreement with TNXL Baseball Academy as staff is still finalizing the
agreement. Additionally, City staff has asked him to inform the City Commission that for Item
#7 Approval to Award RFP #20-004 Fuel Island Upgrade, an additional protest was received but
staff is recommending they proceed with approval.
COMMISSIONERS ANNOUNCEMENTS -None
CONSENT AGENDA- 6:21 PM
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1 - #9 with Items #2, #3, and
#8 being pulled for separate discussion and consideration.
Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion
carried 5-0.
1. Approval of the Minutes for the Regular City Commission Meeting held June 16,2020.
(City Clerk Sibbitt)
Approved on Consent. Motion carried 5-0.
2. Approval of Appointment to the Ocoee Youth Council (OYC). (City Clerk Sibbitt)
Members of the Ocoee Youth Council(OYC)serve one-year terms.The Resolution creating the Board allows
no more than fifteen(15)members who are residents of Ocoee and entering Grades 9-12 in a high school that
serves Ocoee students. Currently, the board has seven (7) members. An application has been received by
Mekayla Garber who has shown an interest in being appointed to the Ocoee Youth Council for a term ending
July 2021.
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Commissioner Oliver pulled this item to discuss the possibility of allowing students who do not
reside within the City limits to be considered for appointment to the Ocoee Youth Council(OYC).
Commissioner Wilsen explained the item for approval this evening is for the appointment of the
application received, and what is being requested by the Commissioner is an amendment to the
resolution which will need to come back at a future meeting as a separate agenda item. After a
general discussion, consensus of the City Commission was to have the OYC work
with City staff to bring forth an amendment to the resolution.
Motion: Move to Approve Item #2 and #8. Moved by Commissioner Oliver,
seconded by Commissioner Wilsen; Motion carried 5-0.
3. Approval of the First Amendment to Lease Agreement with TNXL Baseball Academy.
(Assistant City Manager Shadrix)
On July 18, 2019, the City Commission approved a Lease Agreement with TNXL Baseball Academy
("TNXL")to allow construction of a baseball training facility and use of the fields at Sorenson Park. The City
and TNXL now desire to amend the Lease Agreement to allow TNXL to construct a more permanent structure
on the property and to include the costs of building permit fees and impact fees in the monthly rental fee paid
by TNXL to the City.At the termination of the lease,the amendment will allow the City to elect to retain the
facilities constructed on site. The inclusion of the building permit fees and impact fees is established as an
incentive and will be prorated over the ten-year term of the Lease.If the Lease Agreement is terminated before
the end of the ten-year term, TNXL will pay the City the prorated amount remaining due on the building
permit fees and impact fees.
Pulled by City Manager Frank at the request of City staff. Item will be presented at
a future meeting.
4. Approval to Set the Proposed Tentative Millage Rate for Fiscal Year 2020/2021
Budget. (City Manager Frank)
The TRIM act requires local governing bodies to set a proposed tentative millage rate annually during the
month of July. The property appraiser is then notified of the rate and uses it to advise taxpayers of their
proposed tax levies for the next year. The rate can be lowered during the budget hearings in September and
has historically been done so by the City.
Approved on Consent. Motion carried 5-0.
5. Approval to Set Workshop and Hearing Dates for Fiscal Year 2020/2021 Budget
Process. (Finance Director Roberts)
Workshops are held during August for staff and the commission to discuss the proposed budget for the
upcoming fiscal year. Public hearings are required by the TRIM Act in September serving as a mechanism to
notify the citizens of the proposed budget and allow the opportunity for their comments. Potential dates for
the budget workshops and hearings are restrictive due to the timing of the holiday and vacation schedules.
Staff recommends the commission approve the following dates for the August budget workshops:August 12th
and 19th. Staff recommends the city commission approve the following dates for the September budget
hearings: September 9th and 23rd. Workshops and hearings will begin at 6:00 p.m.
Approved on Consent. Motion carried 5-0.
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6. Approval of Memorandum of Understanding with Flock Group, Inc. (Police Chief
Brown)
Home Owners Associations(HOAs)within the City have contracted with the Flock Group,Inc.,to add license
plate readers on their community gates or entrances. Flock Group, Inc., has entered into an agreement with
the Florida Department of Law Enforcement to receive daily "hot lists" of wanted vehicle information, if
approved by a police agency. Flock Group, Inc., endeavors to share information with the Ocoee Police
Department by allowing the viewing and searching of videos recorded by Flock technology for investigative
purposes.
Approved on Consent. Motion carried 5-0.
7. Approval to Award RFP #20-004 Fuel Island Upgrade. (Procurement Manager Tolbert)
In compliance with the City of Ocoee (City) Purchasing Code & Florida Statutes, proposals were solicited
from qualified contractors to construct the Fuel Island Upgrade,which includes installation of a new 20,000-
gallon double wall steel storage fuel tank with modification of existing fuel tank and its related pumps and
piping for an above-ground fuel system at the City of Ocoee Public Works Facility.This project will provide
additional fuel capacity for the City should emergency management conditions be enacted. Staff recommends
awarding the bid to RC Development Group as the most responsive and responsible bidder for the project
based on their full understanding of the project scope.
Approved on Consent. Motion carried 5-0.
8. Approval to Award ITB #20-010 Asphalt Paving Projects for FY 2020. (Procurement
Manager Tolbert)
The City of Ocoee, Florida (City) solicited bids from qualified contractors to furnish labor, supervision,
materials, equipment, supplies and incidentals for the asphalt paving projects for fiscal year 2020, for the
milling and resurfacing of Rosehill Subdivision, Orchard Park, Roberts Rise Subdivision, Coventry
Subdivision, Lake Olympia Village Subdivision and N. Lakewood Avenue. Staff recommends awarding the
bid to Middlesex Paving, LLC in the amount of$808,550.15 as the most responsive and responsible bidder.
Due to a budget savings of$156,449.85, staff recommends the City Commission approves a change order for
the milling and resurfacing of Palm Drive at the same unit prices stated in ITB#20-010.
Commissioner Oliver recalled that his question on this item was already addressed by City staff.
Motion: Move to Approve Item #2 and #8. Moved by Commissioner Oliver,
seconded by Commissioner Wilsen; Motion carried 5-0.
9. Approval of the Second Amendment to the Restated Interlocal Cooperation
Agreement with Orange County for the Urban County Community Development
Block Grant Process. (Support Services Director Butler)
The City of Ocoee has jointly participated in the federal Community Development Block Grant (CDBG)
program funded through the U.S. Department of Housing and Urban Development(HUD) since 1993. The
particular process through which the City receives CDBG funds is the Urban County program operated by
Orange County,which receives a specific level of direct CDBG funding.The terms of the City's participation
in the Urban County program are governed by a continuing Interlocal Agreement executed by the City and
County.The most recent version was executed on August 22,2017.The parties executed the First Amendment
on January 9,2018,and a Second Amendment is now required by HUD in order to allow the current Interlocal
Agreement to conform to new requirements.
Approved on Consent. Motion carried 5-0.
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PUBLIC HEARING - 9:06 PM
10. Memory Care Cottages Preliminary/Final Large Scale Site Plan (PSP/FSP), Project
No: LS-2020-010. (Advertised in the West Orange Times on Thursday, July 9, 2020). (Zoning
Manager Gajadhar)
The subject property is located directly north and west of East Silver Star Road,south of Old Silver Star Road,
and east of Johio Shores Road.It is 6.92 acres in size and is currently undeveloped with dense vegetation.The
parcel ID number is 15-22-28-4716-00-130,also known as 1900 E.Silver Star Rd.The Preliminary/Final Site
Plan will consist of a 96-bed Memory Care/Assisted Living Facility(ALF)that will be divided among the four
(4)residences,and one(1)commons building,totaling approximately 66,723 sq.ft.All buildings are proposed
at one-story in height. The Applicant has requested no Waivers from the Land Development Code for this
project.
Zoning Manager Gajadhar presented a PowerPoint explaining the proposed Preliminary/Final
Large Scale Site Plan for the Memory Care Cottages of Ocoee. The Applicant has requested no
Waivers from the Land Development Code for this project.
Commissioner Oliver inquired about the egress into the property and Commissioner Wilsen
inquired if a traffic signal would be added at Silver Star Road. Zoning Manager Gajadhar
addressed both questions.
The public hearing was opened.
Chuck Pigeon, P.E.,Applicant &Engineer, Pigeon-Roberts &Associates, shared he is present
this evening to address any questions; and further, thanked staff for all their assistance with this
project.
As no speaker reservation forms, telephone calls, or emails were received, the public hearing was
closed.
Motion: Move to adopt Memory Care Cottages Preliminary/Final Large Scale Site
Plan (PSP/FSP), Project No: LS-2020-010; Moved by Commissioner Oliver,
seconded by Commissioner Wilsen; Motion carried unanimously.
FIRST READING OF ORDINANCES— 9:14 PM
11. First Reading of Ordinance Creating a New Chapter 176 in the Code of Ordinances
for Fertilizer Management, Grass Clippings and Vegetative Material/Debris, and Pet
Waste; and Further, Adoption of Resolution Amending the.Fine and Fee Violation
Schedule. (Second Reading and Public Hearing scheduled for August 4, 2020, Regular City,Commission
Meeting at 6:15 pm or soon thereafter.) (Public Works Director Krug)
The City of Ocoee is located within the Wekiwa Spring Basin. In July 2018, the Florida Department of
Environmental Protection (FDEP) adopted the Wekiwa and Rock Springs Basin Management Action Plan
(BMAP), a water quality restoration plan aimed at restoring impaired water bodies. Pursuant to the BMAP,
the City, located in the basin, is mandated to adopt fertilizer application practices for residential and
commercial properties,grass clipping management,and pet waste clean-up requirements.In response,the City
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is required to adopt a fertilizer ordinance.By adopting this ordinance,a fee violation schedule must be adopted
by Fee Resolution.
a) First Reading of Ordinance
b) Resolution Establishing Fine and Fees (Not a Public Hearing)
City Attorney Cookson read the title of the Ordinance.
Commissioner Oliver inquired if the City Commission would be able to consider adding
language on how to manage or prohibit front yard vegetable gardens. City Manager Frank
explained for an option to be considered by the City Commission, he can request staff to put
together a separate ordinance. This current ordinance before the City Commission is a
requirement that was placed on the City for their consumption use permit. City Attorney
Cookson advised Commissioner Oliver that he could look into his request and research what
other cities and counties are doing.
Mayor Johnson announced that this will be presented as a second reading and public hearing at
the next scheduled City Commission meeting on August 4, 2020,at 6:15 PM or soon thereafter.
12. First Reading of Ordinance Amending Chapter 164—Registration,Maintenance,and
Security of Abandoned Real Property. (Second Reading and Public Hearing scheduled for August
_ 4, 2020,Regular City Commission Meeting at 6:15 pm or soon thereafter.) (Police Chief Brown)
On November 6,2012,the City Commission adopted Ordinance No. 2012-017, establishing the Abandoned
Property Ordinance. The ordinance establishes a registration requirement for abandoned properties and is a
necessary tool for the City to use in protecting residential neighborhoods from becoming blighted through the
lack of adequate maintenance and security of abandoned properties. Over the years, City staff has
recommended amendments to Ordinance No. 2012-017 so that the program is more efficient and effective.
The amendment will clarify language relating to civil penalty, which is established by resolution, and will
clarify the intent of the ordinance,which is that properties must be registered at any time a property is found
vacant and that properties shall be registered on an annual(12 month)basis.
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 August 4, 2020, at 6:15 PM or soon thereafter.
13. First Reading of Ordinance for Ocoee Landings PUD - 1842 East Silver Star Road,
Substantial Amendment to the Planned Unit Development(PUD); Project No: RZ-20-
04-03. (Second Reading and Public Hearing scheduled for August.4, 2020, Regular. City Commission
Meeting at 6:15 pm or soon thereafter) (Zoning Manager Gajadhar)
The Ocoee Landings Planned Unit Development(PUD)received City Commission approval on October 20,
2015. The property is a mixed-use development consisting of 9.15 acres of residential, 6.84 acres of
commercial,and 4.65 acres of Master Stormwater ponds.The parcel is located directly north of E. Silver Star
Road, east of Clarke Road,and west of Johio Shores Rd. The commercial portion of the PUD is identified as
1842 E. Silver Star Rd. with a Property Identification Number (PIN) of 16-22-28-4532-00-140. The
commercial portion was initially approved for C-2 (Community Commercial) uses with the exclusion of
specific uses(Automobile Sales,Hotel,Motel). The applicant is requesting an amendment to the PUD/Land
Use Plan (PUD/LUP) to allow automobile repair and carwash in the list of permitted uses. This request is
required in order to allow for a Firestone Automotive Repair to be established on Lot 1 of the commercial lots
subject to the rendered designs.
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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 August 4, 2020, at 6:15 PM or soon thereafter.
14. First Reading of Ordinance for Ocoee Village Center PUD, Substantial Amendment
to the Planned Unit Development (PUD); Project No: RZ-19-10-01. (Date for Second
Reading and Public Hearing to be determined.) (Development Services Director Rumer)
The Ocoee Village Center PUD is located on the north side of Clarcona Ocoee Road and east of SR 429,South
of Clarcona Ocoee Road and east of N.Lakewood Ave.,and east of the intersection of Fullers Cross Road and
N.Lakewood Avenue.The original plan included the development rights for a mixed-use community that will
include 150,000 S.F. of Commercial, 196 Unit Townhomes, and 316 Apaitinents units. The applicant is
proposing a Substantial Amendment in order to increase the townhome development from 196 Unit
Townhomes to 232 units and the apaitinents portion from 316 units to 320 units.
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
a date to be determined.
SECOND READING OF ORDINANCES—PUBLIC HEARINGS -None
STAFF ACTION ITEMS - 9:23 PM
City Manager Frank explained meetings were opened to the public due to the presumption that
the Executive Order governing open meetings was expiring July 7th; however, the Governor
extended the Executive Order until August Pt. He is seeking direction from the City Commission
as to whether the August 4th meeting should be open to the public since the Governor routinely
extends the orders. If meetings are not open to the public, the City would continue to stream
meetings and allow public participation by phone and/or email as permitted by the Executive
Order.
Commissioner Wilsen shared she would like to err in the side of caution and allow the City
Manager the authority to decide on reverting to virtual participation meetings if the Executive
Order allows them to do so. City Attorney Cookson recommended the City Commission set the
meeting with the assumption that the August 1st Executive Order does not get extended,thus they
would mimic the format used this evening for the August 4th meeting. However, in the
advertisements and agendas for their future meetings, it should state that the meeting foiinat is
subject to change based on the Governor's Executive Order. Therefore, if there is an extension,
this allows City staff to post information on the website and doors to allow staff to go back to a
virtual meeting. The attorney confirmed that this meeting format would apply to the budget
workshops as well. Consensus of the City Commission was to put information in
upcoming advertisements and agendas stating that the format of their meetings
is subject to change based on the Governor's Executive Order.
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COMMENTS FROM CITIZENS/PUBLIC -9:29 PM
The following persons addressed the City Commission:
- Jason and Bridgett Burton, Ocoee Resident, spoke regarding buffer trees being trimmed
behind their home which now gives them a view of the two unsightly water tanks;
installation of a chain-link fence with barb wire; and, the City's policy on informing
residents of improvements.
- Jim Moyer, Ocoee Resident, introduced himself as a new resident to Ocoee and shared
his interest in being appointed to the Human Relations Diversity Board.
- Dorcas Dillard, OYC Coordinator, briefed the City Commission on the OYC and their
enrollment and partnership with the E.S.T.E.A.M. Camp. She shared their wonderful
experiences and further requested a sponsorship of$1500 which she was told could be
funded out of the Youth Initiative line item since all the funds were not used toward the
internship program. The sponsorship would assist with this week's summer camp food
and programs. Commissioner Oliver shared additional details on the camp's program
and how they have maintained CDC guidelines. He clarified the remaining balance in the
Youth Initiative budget, which is a result of Career Source adjusting their invoice; and
further, asked the City Commission to approve the remaining $1500.00 for sponsorship
of the E.S.T.E.A.M. Camp. Following a general discussion, consensus was to
approve $1500 from the Youth Initiative budget to go to Eclipsing
Innovations as a sponsorship toward their upcoming E.S.T.E.A.M. Camp.
COMMENTS FROM COMMISSIONERS - 9:59 PM
CommissionerFirstner—Shared the following:
1) The dates for the Lakeshore Center Grand Re-Opening.
2) The upcoming dates for Best Fest.
3)National Hockey League will resume activities on August lst
Commissioner Oliver;—Commented on the following:
1) Encouraged residents to prepare for the upcoming hurricane season.
2)Reminded staff and the Commission of the ongoing concerns a resident is having with Lennar
Homes; and further, encouraged staff to consider their troubles when allowing Lennar Homes to
build within the City.
3) Requested, from the City Attorney, a copy of the appraisal recently obtained for the Hallowed
Grounds located at 441 Basking Ridge Ct.
4) Thanked Staff for their assistance in changing a resident's home address, and relayed that the
resident was very pleased.
Commissioner Brinson—Commented on the following:
1) Shared,that while he understands that each of them has a passion for their position,they need
to be mindful and respectful to everyone involved, and encouraged them to lead by example.
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2) Stated COVID-19 is still here, and repeatedly encouraged residents to be cautious and always
wear a mask.
3) Shared August 18th is Election Day.
4) Encouraged residents to prepare for the upcoming hurricane season.
5) Requested, from the City Attorney, a copy of the appraisal recently obtained for the Hallowed
Grounds located at 441 Basking Ridge Ct.
Commissioner Wilsen — Reminded residents that the Budget Meeting dates have been set, and
encouraged residents to get involved now during this pivotal time, and shared that this is their
budget.
Mayor Johnson - Shared a discord with the actions of some, and encouraged everyone to work
together for the betterment of our Community.
ADJOURNMENT— 10:10 PM
APPROVED:
Attest: City of Ocoee
Melanie Sibbitt, City Clerk Rusty Johnson,Mayor
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