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03-01-2022 Minutes MINUTES REGULAR CITY COMMISSION MEETING MARCH 1,2022 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 Firstner. 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 - 6:15 PM Proclamation — Shepherd's Hope 25th Anniversary, read and proclaimed by Mayor Johnson and accepted by Pamela Gould, President and CEO of Shepard's Hope. Ms. Gould thanked the Commission for their support and gave a brief overview of the services they provide. Presentation by Government Services Group (GSG) regarding the American Rescue Plan Act(ARPA)—Heard out of Agenda Order under Item #11 STAFF REPORTS AND AGENDA REVIEW-6:21 PM City Manager Frank announced before them is a full-color illustration for Item#10. COMMENTS FROM CITIZENS/PUBLIC - 6:21 PM The following persons addressed the City Commission: - Patti Leroy, Ocoee Woman's Club, spoke in support of the Music Festival and offered full use of the Woman's Club as well as the parking area during the event in exchange for acknowledgment during the event. Mayor Johnson and the Commission thanked the Woman's Club for their support. CONSENT AGENDA- 6:23 PM Commissioner Wilsen clarified Item# 3 is solely for the support of placement for the proposed sales tax increase on the November 8, 2022, countywide ballot. Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 - #9. Moved by Commissioner Wilsen, seconded by Commissioner Oliver; Motion carried 5-0. 1. Approval of the Minutes for the Regular City Commission Meeting held February 15, 2022. (City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. Regular City Commission Meeting March 1, 2022 2. Approval of New Appointment to the Citizen Advisory Council for Ocoee Fire Department. (City Clerk Sibbitt) Members of the Citizen Advisory Council for Ocoee Fire Department serve three-year terms. The Resolution creating the Board allows no more than nine (9) members. The Board currently has six (6) members. One application has been received to serve on the Board from Thomas Legvold. Approved on Consent. Motion carried 5-0. 3.,, Approval of Resolution of Support for Placement of a One Percent Transportation Surtax Referendum on the November;.8, 2022, Countywide Ballot. (Assistant City Manager Shadrix) Orange County Mayor Jerry Demings and the Orange County Commission have been working with the municipalities of Orange County since 2019 on long-term transportation solutions that will address many of the greater Orange County area's growth -related transportation needs. The proposed resolution of support provides support for placing this proposed sales tax increase on the November 8, 2022, countywide ballot. Mayor Demings and his team have planned additional meetings with stakeholders and are continuing to educate all parties on how the proposal will be further implemented. Approved on Consent. Motion carried 5-0. 4. Approval of aTwo-Year Warranty Warranty 'Surety and Maintenance, Materials, and Workmanship Agreement with Lennar'Homes LLC for Arden Park North Phase 6. (Development Engineer Keaton) Arden Park North Phase 6 is made up of 67 detached single-family homes. The parcel is located on the west side of North Clarke Road, just south of the McCormick Reserve Subdivision. The developer has completed the construction of the infrastructure improvements for the subdivision and has requested a Certificate of Completion. All identified punch list repairs have been completed, and the developer is ready to start the two- year warranty period for the public improvements. The Maintenance, Materials, and Workmanship Agreement acts as the executable document between the developer and the City. The Surety will be returned to the developer upon completion of the two-year warranty period and the repair of any damages caused over those two years. Approved on Consent. Motion carried 5-0. 5. Approval of a Non -Substantial PUD Amendment for Gotha Clinic (fka West Orange Medical Center); Project No. CPA-2022-001. '(Zoning Manager Whitfield) The Gotha Clinic, formerly known as the West Orange Medical Center Planned Unit Development (PUD), was approved for annexation and rezoning from Orange County A-1 to PUD in March 2020 for a medical center comprised of two (2) one-story buildings and one (1) two-story building totaling 14,646 SF of medical uses. Each building was approved with a footprint of less than 4,000 SF. The applicant is requesting a non - substantial amendment to the approved PUD Land Use Plan to develop one (1) single -story building with a footprint of 11,000 SF. This request reduces the total development square footage by 3,646 SF, reduces the parking demand from 59 spaces to 44 spaces, and decreases the impervious surface area from 7 1 % to 64.7%, with a corresponding increase in open space (from 29% to 35.3%). Approved on Consent. Motion carried 5-0. 2 1 P a g e Regular City Commission Meeting March 1, 2022 6. Approval to Trade -In and Purchase New Glock Firearms. (Police Chief Plasencia) The Police Department needs to replace their Glock handguns with the latest generation of Glock handguns. The current handguns, most of which have been in-service for over 10 years, will require significant preventative maintenance costs in the near future if not replaced. The vendor, Lawmen's Shooter Supply, has offered to accept the trade-in of 107 previous generation Glock handguns for a credit of $31,156. The Police Department would like to move forward with the handgun purchase and trade-in, not to exceed the budgeted amount. Approved on Consent. Motion carried 5-0. 7. Approval to Award RFQ #22-002 Continuing Contracts for Engineering Services. (Procurement Manager Tolbert) In compliance with the Consultants' Competitive Negotiations Act (CCNA), § 287.055, Florida Statutes, and Chapter 21 of the City's Code of Ordinances, the City solicited statements of qualifications from professional engineering firms interested in providing engineering services for public works projects as the City's continuing contracts have expired. Such services include studies, design, plans production, construction management, traffic impact analysis, development plan review, and other miscellaneous engineering projects. The firms selected by the City will provide services on an as needed basis based upon task orders to be issued by the City under the continuing contract. The RFQ Evaluation Committee short-listed the firms in ranked order, and recommends contracting with the following top four (4) ranked firms: Pegasus Engineering, LLC; CPH, Inc.; DRMP; and Neel -Schaffer, Inc. Approved on Consent. Motion carried 5-0. 8. Approval to Reallocate Unused Budget Funds to Purchase CivicRec for Online Facility Rentals/Events. (Support Services Director Butler) When the City Commission initiated the enhanced facility program that resulted in building the Lakeshore Center and modifying the Withers -Maguire House to support a variety of public and private events, it authorized staff to acquire RecTrac software from Vermont Systems, Inc., as a mechanism for managing facility rentals. It is now time to replace this software with a better product that is designed to work in a more integrated fashion with the City's general website, which is operated by CivicPlus. An initial project budget amount of $35,000 is recommended to accommodate all initial costs. The budget required for the project would be covered by reallocating unused funds from other technology -related capital projects, as may be selected by the City Manager at the time the funds are needed. Approved on Consent. Motion carried 5-0. 9. Approval for CPH to Provide Design Services for the Ocoee Wastewater Plant Electrical Upgrade. (Utilities Director Croteau) The Ocoee Wastewater Treatment Plant Electrical Upgrade consists of design, construction, and an upgrade to the Wastewater Treatment Plant's existing power supply system. The existing power supply has been in place since 1999, and its electrical capacity has reached its limit. The budget for FY 2022 included $223,500 for the design services portion of this project. CPH is under a continuing contract for utilities engineering services and has submitted a proposal for a total of $246,902. Utilities also reached out to another continuing contract firm, but their price was higher than CPH's. Currently $223,500 is budgeted in the project fund, and the additional $23,402 will be taken from another capital project (Palm Dr Force Main). Approved on Consent. Motion carried 5-0. 3 1 P a g e Regular City Commission Meeting March 1, 2022 FIRST READING OF ORDINANCE — None SECOND READING OF ORDINANCE — PUBLIC HEARING — None PUBLIC HEARING — None REGULAR AGENDA - 6:24 PM 10. Approval for Staff to Accept an Unsolicited Letter of Intent (LOI) from 2BPLATINUM LP for Two (2) City -Owned Parcels Identified as 15 South Kissimmee Avenue and 214 West McKey Street. (Development Services Director Rumer) The City received an unsolicited offer from 2BPLATINUM LP, on February 8, 2022, 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 programmed 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 is needed to expand the right-of-way on Kissimmee Avenue. Since the City's plan is to raze the buildings in order to construct the Kissimmee Avenue/Taylor Street road project and offsite pond, this LOI is based on the remaining land being vacant. The intent of 2BPLATINUM LP is to construct a two-story mixed use building on the remaining parcels similar in architecture to what the City had proposed for the St. Johns River Water Management District offices. 2BPLATINUM LP is proposing a purchase price of $300,000.00 for the 1.10 acres of property with the commitment to accommodate a City stormwater pond for the Kissimmee Avenue/Taylor Street road drainage. The LOI also provides for the City to capture any proceeds over the purchase price if the property is sold within 24 months. Development Services Director Rumer explained the Letter of Intent and the plans they have for the parcels. The property, which is approximately 1.10 acres, currently contains two (2) inhabitable buildings which are scheduled to be removed with the Kissimmee Avenue/Taylor Street road work. The intent of 213PLATINUM LP is to construct a two-story mixed -use building on the remaining parcels similar in architecture to what the City had proposed for the St. Johns River Water Management District offices. Commissioner Oliver asked if an appraisal will be completed, if there was a commitment for infrastructure, and if the proposed stormwater pond would enhance the surrounding area for drainage. Development Services Director Rumer addressed his questions. Commissioner Oliver inquired about the funding amount provided by 213PLATINUM LP for the drainage. Development Services Director Rumer advised that information would be brought back before the City Commission when staff presents a contract. Mayor Johnson shared his support of the proj ect. Motion: Move to approve the Letter of Intent (LOI) from 2BPLATINUM LP for Two (2) City -Owned Parcels Identified as 15 South Kissimmee Avenue and 214 West McKee Street; Moved by Commissioner Oliver, seconded by Commissioner Firstner; Motion carried 5-0. 4 1 P a g e Regular City Commission Meeting March 1, 2022 11. Approval of Proposed American Rescue Plan Act (ARPA) Project List. , (Assistant City' Manager Shadrix) The City of Ocoee will receive $24,172,699 in the form of a federal grant through the American Rescue Plan Act (ARPA). Funding will be received in two equal tranches of $12,086,350. The first tranche was received in the fall of 2021 and the second tranche is anticipated by summer 2022. The City Commission has approved Government Services Group (GSG) to assist in reviewing the requirements of the grant and to evaluate the City's best and highest use of the funds within the rules established by the U.S. Treasury Department. Staff recommends Commission approve the proposed project list and delegate authority to the City Manager to adjust funding as needed to accommodate cost variances and necessary project amendments. Assistant City Manager Shadrix summarized the American Rescue Plan Act (ARPA) funding and explained the City is proposing a project list which details the best use for the funds. He announced a PowerPoint will be provided by Government Services Group (GSG) to highlight the details. Joseph Sheets, Senior Consultant with GSG, provided a PowerPoint highlighting the ARPA Recovery Package, Ocoee's ARPA Process, Risk Analysis, Project Selection, Investments in Water Infrastructure, Economic Impact of Water Infrastructure, and the Next Steps for the City. Commissioner Brinson inquired about GSG's recommendation for $10 million to go toward lost revenue allowance of public safety salaries. Mr. Sheets addressed his question and explained the method determined to place funding toward public safety salaries. He shared that once the funds are placed within the City's budget it can be used as a line item not regulated by federal requirements. David Jahosky, Senior Vice President, further expounded on the funds allowable uses, and the legal resources utilized to ensure they presented items that met the eligibility criteria. Commissioner Brinson inquired about the administrative costs associated with managing the grant funds and projects. Mr. Sheets addressed his question. Commissioner Wilsen shared her satisfaction with the proposed infrastructure funding. Commissioner Firstner also shared his support of the proposed project list and voiced that the funding provided will help get much needed projects completed. Commissioner Oliver inquired if the $10 million was intended for lost revenue salaries for FY21/22. Mr. Sheets reiterated his response, and explained that once the funds are placed within the City's budget it can be used as a line item not regulated by federal requirements. Assistant City Manager Shadrix summarized the recent ruling by ARPA, which allows for standard deductions per law, and explained the purchasing policy for unrestricted funds. Commissioner Oliver inquired if the first tranche received had been disbursed. Mr. Sheets advised no funds have been spent as they are waiting for City Commission approval. Commissioner Oliver inquired if workshops are being planned to get input from the City Commission. Assistant City Manager Shadrix explained a workshop can be requested by the City Commission; however, the project list before them tonight is the recommended project list for them to discuss. He further explained the process taken by staff to bring these recommendations before them. Commissioner Oliver acknowledged the need for infrastructure, but commented on the lack of input from the City Commission. City Manager Frank explained the list is before the City Commission this evening for them to discuss, and the recommended items presented were discussed by staff as items that would need to be completed within the next 10 years using tax dollars. Brief discussion ensued on the professional study provided, and if a workshop would be needed. Commissioner Oliver voiced the lack of funding 5 1 P a g e Regular City Commission Meeting March 1, 2022 for social services and read a letter aloud he drafted for the City Commission about his concerns with the ARPA funds allocation. Mayor Johnson commented on his support of the project list recommended as it would be a citywide benefit, and shared that Orange County currently provides social services support which are services the residents of Ocoee can receive. A brief discussion ensued on the services provided by Orange County that Ocoee residents can benefit from as taxpayers. The following persons addressed the City Commission on Item #11: - Jim Moyer, Ocoee Resident, commented on the inefficient process of the funding. - Scott Kennedy, Ocoee Resident, asked about the recommended project list and its relation to the Capital Improvement Plan (CIP). Assistant City Manager Shadrix addressed his question. - Brad Lomneck, Ocoee Resident, shared information on the ARPA funding being received by Orange County, and the resources they are providing toward social community services. He further commented on the local needs posted on social media by City residents which related to a Fire Station, and a claw truck for yard waste pick up. - Alvin Garrett, Ocoee Resident, shared his support of the comments made by Commissioner Oliver, and voiced his concerns with the disagreements between the City Commission. Mayor Johnson responded about the Commission's disagreements and spoke on their duty to vote independently on what they feel will benefit the City. - Tonya Dorisca, commented on the support of infrastructure funding for items such as sidewalks and street lights. She further voiced her concern with transparency and the lack of communication between the City Commission and staff. Mayor Johnson addressed her concern and advised all Elected Officials have the same opportunity to receive information. Motion: Move, to approve the ARPA Project List per staff's recommendation; Moved by Commissioner Brinson, seconded by Commissioner Wilsen; Motion carried 4-1 with Commissioner Oliver opposing. COMMENTS FROM CITIZENS/PUBLIC - 7:45 PM The following persons addressed the City Commission: Jim Moyer, Ocoee Resident, provided a brief presentation on the Asian and Hispanic population within the City based on the 2020 Census, and spoke in support of the impact these cultures have had on our community. Scott Kennedy, Ocoee Resident, spoke about worldwide political issues, vocational certainty, and the appropriate approach to local socialism. Brad Lomneck, Ocoee Resident, inquired about the agenda packet process, City Clerk Sibbitt addressed his questions. He further inquired if any of the elected officials contacted the city staff with questions or concerns regarding tonight's agenda packet. City Manager Frank addressed his questions. Mr. Lomneck then shared multiple garbage collection issues he recently experienced, felt the current vendor is not doing their job 6 1 P a g e Regular City Commission Meeting March 1, 2022 according to contract, and requested the Commission use ARPA funding to purchase a claw truck to handle yard waste internally. Jason Mellen, Ocoee Resident, commented on several yard waste issues he has encountered and noted multiple examples around the City that are causing a blighted effect on the community: 1) uncollected trash throughout the City. 2) the recently erected "junk- yard" in the downtown corridor along Taylor street near the Ocoee Taco Company 3) multiple political signs illegally placed around the City. Mayor Johnson referenced the rules and regulations for all campaign signs, and asked that Code Enforcement address the signs in violation. COMMENTS FROM COMMISSIONERS - 7:57 PM Commissioner Oliver — Commented on the following: 1) Commented on the ARPA funding presentation, and asked for additional funding towards social services to include a claw truck and a new Fire Station. 2) Read information about the establishment of Women's History Month. Commissioner Firstner — Commented on the following: 1) Weighed in on the ARPA funding presentations and shared that the prioritized projects that Staff listed have been on the Commission's radar for years. He expressed a desire to adhere to Staff s recommendation based on their professional opinion. 2) Asked for prayers in reflection of the global conflict the world is facing due to the devastating events taking place in Ukraine. Commissioner Wilsen — Commented on the following: 1) Spoke about the intense conversations that have recently taken place between the Commission during meetings and explained Sunshine Law, elaborated on the violation of speaking privately about City business outside of a meeting. She further explained that what is viewed as conflict is sometimes a necessary discussion. 2) Explained the agenda packet process in great detail, and shared that she has never had an issue contacting Staff to obtain additional information when needed. 3) Announced the Shred to Protect Event date time and location. Commissioner Brinson — Commented on the following: 1) Explained his role as an Elected Official, commented on the agenda packet process, and encouraged residents to keep asking tough questions. 2) Announced the Orange County agencies that aid Ocoee citizens, and encouraged the Commission to learn about all available Orange County programs so that they may provide information to residents when necessary. He further suggested that the City designate a Staff member to provide Ocoee residents with assistance on where to get help. 3) Reiterated Sunshine Law requirements requiring transparency and the ethical violation to ever speak privately about Board business. 4) Commented on the damaged trash can issues and asked for those experiencing this problem to contact Public Works. 5) Shared a traffic accident he recently witnessed, commented about the ongoing speeding concerns, and pleaded with citizens to slow down and pay attention while driving. 7 1 P a g e Regular City Commission Meeting March 1, 2022 6) Spoke about Women's History Month, acknowledged the many accomplishments women have made through the years, and expressed his desire to see the salary gap between men and women shrink in the United States. 7) Congratulated Hailey Smith as the Grand Prize winner of the City's Black History Essay Contest. Mayor Johnson requested that staff extend an invitation for her to attend the next City Commission meeting for recognition. Mayor Johnson — Commented on the following: 1) Noted the ongoing yard waste issues the City is experiencing and reiterated the need to purchase a claw truck and return yard waste collection to city staff. 2) Provided the Ocoee Music Festival date, time, and location, with specifics on who would be performing each night. 3) Reflected on the disagreements witnessed between the Commission and expressed his commitment and dedication to the City and its residents. 4) Expressed the need for unity within the City, and a desire to name the new park on Franklin Street "Unity Park". 5) Announced the installation of a crosswalk on Wurst Road. 6) Remarked on the agenda packet and the ability to contact staff with any questions or concerns. 7) Spoke briefly about speeding along Adair and commended the police for stopping an individual who was going 60 mph in a 25 mph zone. 8) Invited Mr. Peter Weed to the dais to introduce himself. Mr. Peter Weed shared that he is running for the U.S. House of Representatives for Florida's 101h Congressional District. The election will take place on November 8, 2022. 9) Announced the St. Patrick's Day Block Party date, time, and location. ADJOURNMENT - 8:25 PM APPROVED: Attest: City of Ocoee Melanie Sib itt, City Clerk Rusty Jo so ,Mayor 8 1 P a g e