Item 01 Approval of the Minutes for the Regular City Commission Meeting held April 19, 2022MINUTES
REGULAR CITY COMMISSION MEETING
APRIL 19, 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,
and Commissioner Oliver
Also Present: City Manager Frank, City Attorney Cookson, and City Clerk Sibbitt
PRESENTATIONS AND PROCLAMATIONS - 6:16 Pled
Proclamation — Asian American Pacific Islander Heritage Month read and proclaimed by Mayor
Johnson and accepted by members of the Human Relations Diversity Board.
Orange County Commissioner Christine Moore and Matt Suedmeyer, Manager of Orange County
Parks & Recreation, provided a presentation that highlighted their Parks and Recreation Division and
explained the Magnolia Park improvements. Commissioner Oliver shared his familiarity with the park
and praised the improvements. He further asked Mr. Suedmeyer if he could get his contact information as
he would like to have flashing lights placed along the West Orange Trail.
STAFF REPORTS AND AGENDA REVIEW - None
COMMENTS FROM CITIZENS/PUBLIC - 6:33 PM
The following persons addressed the City Commission:
- Jim Moyer, Ocoee Resident, provided a presentation on Cinco de Mayo and provided a
brief overview of why it is celebrated in the United States.
Mayor Johnson invited several business owners from the downtown corridor to introduce
themselves and share their exciting plans.
Duane Morin, Toll Road Brewery Owner, introduced himself, his wife Melissa, their
business partner David, and Nessa, the owner of Nessa's BBQ. He shared the enormous
success of the St Patrick's Day Block Party and explained that several businessowners
along McKey Street plan to resurrect the Downtown Merchants Association. He further
shared their desire to host quarterly events and announced that they are currently working
with City staff to hold a Cinco de Mayo Block Party on May 6t". Mayor Johnson asked
Staff to share the event on Ocoee TV. Commissioner Wilsen inquired about closing the
street. Mayor Johnson shared that they are working with Parks and Recreation
Department.
Regular City Commission Meeting
April 19, 2022
- Jim Sills, Ocoee Resident, and Business Owner shared that he has been pleading with the
City to provide sewer lines to the downtown area for decades, and announced that as of
today, Toll Road Brewery, is officially on sewer. He thanked the Commission for their
hard work and dedication to the City. Mayor Johnson shared a personal story from his
childhood and expressed a desire to see Downtown Ocoee survive and thrive.
CONSENT AGENDA - 6:45 PM
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1 - #10 with Item #4 being
pulled for discussion and separate consideration.
Moved by Commissioner Brinson, seconded by Commissioner Firstner; Motion
carried 5-0.
1. Approval of the Minutes for the Regular City Commission Meeting held April 5, 2022.
(City Clerk Sibbitt)
Approved on Consent. Motion carried 5-0.
2. Approval of Appointments to the Human Relations Diversity Board. (City Clerk
Sibbitt)
Currently, the board has thirteen (13) members with three (3) members terms expiring. The term of Members Rhonda
Anderson -Robinson, William Maxwell, and Lu Fontanez expire in May 2022. All members have indicated an interest in
being considered for reappointment for another term ending May 2025. In 2021, Member Anderson -Robinson attended 8
out of 9 meetings, and Member Maxwell attended 7 out of 9 meetings. Additionally, both Members Anderson -Robinson
and Maxwell participated in at least one board -sponsored event. Member Fontanez is deemed to have resign as indicated
in the bylaws due to not participating in one board -sponsored event. Two (2) applications have been received by Jason
Mellen and Katiana Shum, who have shown an interest in being appointed to the HRDB. Mr. Mellen submitted his
application on February 1, 2022, and is a resident of Ocoee. Ms. Shum submitted her application on February 28, 2022,
and is a Manager/Partner of Bar 5 Lounge & Grill located in Ocoee. Staff respectfully recommends that the Honorable
Mayor and City Commissioners reappoint Members Anderson -Robinson and Maxwell for a tern ending May 2025; and
further, appoint Mr. Mellen to fill the vacant position, due to his application submittal being received first, with a term
ending May 2025. Ms. Shum's application will remain on file for a year, to be considered for any other vacancies that may
occur.
Approved on Consent. Motion carried 5-0.
3. Approval of Cancellation of July 5, 2022, and September 6 2022, Regular City
Commission Meetings. (City Clerk Sibbitt)
On August 17, 2021, the Commission approved the holiday schedule for 2022 in accordance with Section 8.01 of the
Personnel Rules and Regulations. Included in the approved dates for closure of City Hall were Independence Day, Monday,
July 4th as well as Labor Day, Monday, September 5th. The Regular City Commission Meetings are scheduled to meet
those holiday weeks on the following Tuesdays; and further, if the City Commission deems necessary, City staff does not
have any conflicts with canceling these meetings.
Approved on Consent. Motion carried 5-0.
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April 19, 2022
4. Approval to Terminate a Utility Easement with T Mobile (FKA) SprintCom, Inc.
(Development Services Director Rumer)
On December 15, 2015, the City approved the granting of a Utility Easement to SprintCom, Inc. (now T Mobile) over a
portion of the City property located at 843 Marshall Farms Road that is already a Perpetual Easement for Egress and
Ingress for the purposes of maintaining and installing future underground facilities to a cell tower located on 835 Marshall
Farms Road. The parcel at 843 Marshall Farms Road is owned by the City and is to be used for a retention pond to construct
the widening of Maguire Road from Mercantile Court to Geneva/Story Road. T Mobile is now requesting the easement be
terminated via a letter received on March 9, 2022.
Commissioner Oliver asked about the termination of the easement and the letter received by
City staff. Development Services Director Rumer addressed his question.
Motion: Move to approve Item #4. Moved by Commissioner Oliver, seconded by
Commissioner Brinson;
Commissioner Brinson confirmed the motion was for approval of Item # 4. It was answered in
the affirmative.
Motion carried 5-0.
5. Approval of a Non -Substantial Amendment to the Ocoee Commons Planned Unit'
Development (PUD), Project No. RZ-22-02-36. (Development ServicesDirector
Rumer)
The applicant/property owner of Lot 2 of the Blackwood at Ocoee Commons is requesting an amendment to the Ocoee
Commons PUD to amend Condition #43 in the Conditions of Approval to allow a commercial lot to be less than one (1)
acre in size if the lot is served by a master stormwater pond. The Blackwood at Ocoee Commons Replat divided Lot D1
into Lot 1 and Lot 2. Lot 1 was developed for restaurant use (Texas Roadhouse), and Lot 2 is currently vacant. The property
owner of Lot 2 (which contains 1.96 acres) seeks to split Lot 2 into a future Parcel A with 1.15 acres (for a dental office)
and Parcel B with 0.81 acres (for a future medical office). Condition #43 states that "all commercial lots will be a minimum
of one acre in size." The applicant is specifically requesting an amendment to Condition #43 to read as follows: "All
commercial lots will be a minimum of one acre in size, unless the lot is served by a master stormwater facility."
Approved on Consent. Motion carried 5-0.
6. Approval of the Ocoee Neighborhood Matching Grant Applicants — Recommendation
to Award a Total of $10,900 to Six (6) Neighborhood Associations. (Community
Relations Manager Wright)
The Neighborhood Matching Grant Program is held annually, and is for homeowner associations (HOA) and
neighborhoods that do not have a structured HOA. The goal of the grant program is to assist residents with making
improvements to their neighborhoods. The maximum matching grant award is $2,000. Applicants pay for their
improvement projects and then get a portion back, up to a maximum of $2,000. Six (6) Homeowner Associations submitted
grant applications for this grant cycle. There is $12,000 available for the grants. Five applicants requested the $2,000 (the
maximum amount). One HOA, Silver Glen, requested $900. Therefore, the total amount of grant money requested is
$10,900.
Approved on Consent. Motion carried 5-0.
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7, Approval to Name the Franklin Street Park "Unity Park" as Recommended by the
Parks and Recreation Advisory Board (PRAB). (Parks and Recreation Advisory
Board Member Lomneck)
The Parks and Recreation Advisory Board, at their Regular Meeting held on March 21, 2022, discussed naming the park
located on Franklin Street and currently under construction as "Unity Park". A motion was made to have Member Lomneck
present the recommendation before the City Commission for consideration and/or approval. There is currently no policy
in place for the naming of parks. City staff is working on a Parks naming policy, which will come before the City
Commission at a future meeting.
Approved on Consent. Motion carried 5-0.
8. Approval to Award RFP #22-003 Auditing Services. (Procurement Manager Tolbert)
In compliance with Florida Statutes, Section 218.391 Auditor Selection Procedures, and the City of Ocoee Purchasing
Code, proposals were solicited from Certified Public Accounting Firms with Governmental Accounting experience to
submit a response to the City of Ocoee Request for Proposals (RFP) to provide Independent Financial Auditing Services
for three (3) years for the fiscal years ending September 30, 2022, 2023, and 2024; renewal options for (2) one-year renewal
periods may be negotiated at the City's discretion. The three (3) proposals were evaluated by the Auditor Selection
Committee appointed by the City Commission. The public Auditor Selection Committee meeting was held on April 5,
2022, with the Auditor Selection Committee evaluating and short -listing the firms on specific evaluation criteria. The
Auditor Selection Committee short-listed the firms in ranked order, and recommends contracting with the top ranked firm,
Purvis Gray & Company, LLP.
Approved on Consent. Motion carried 5-0.
9.Approval of Second Amendment to Exclusive Franchise Agreement with Waste''
Connections. (Public Works Director Krug)
The City Commission entered into an Exclusive Franchise Agreement for Commercial and Multi -Family Solid Waste
collection with Waste Connections (WC) on January 21, 2020. The Commission approved the First Amendment to the
Agreement on March 17, 2020, which incorporated the sale of equipment declared surplus to WC and further clarified the
payment structure and insurance requirements of the Agreement. Upon review of the contract dates incorporated in the
Agreement, the City Attorney determined a Second Amendment was needed to clarify the contract dates to coincide with
the actual date WC took over residential service in April 2020. Due to disruptions during the pandemic, the Second
Amendment had not been executed. Public Works is recommending the approval of the Second Amendment to clarify the
dates in the Agreement with WC.
Approved on Consent. Motion carried 5-0.
10. Approval of Assignment and Assumption Agreement with Eurofins Flowers. (Utilities
Director Croteau)
On December 15, 2020, the City of Ocoee entered into an agreement with Flowers Chemical Laboratories to provide
laboratory analytical services for the City Water and Wastewater Facilities. On February 9, 2022, Eurofins Environment
Testing Southeast, LLC entered into an agreement to purchase Flowers Chemical Laboratories. The company is now
operating under the d/b/a Eurofins Flowers and wishes to assume the agreement with the City of Ocoee, with no changes
being made to the obligations, duties, liabilities and commitments of the original agreement.
Approved on Consent. Motion carried 5-0.
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Regular City Commission Meeting
April 19, 2022
FIRST READING OF ORDINANCE — PUBLIC HEARING - 6:48 PM
11, First Reading of Ordinance for Land Development -Code (LDC) Amendment Relating
to Self -Storage Facilities. (Second Reading and Public Hearing scheduled for May 3, 2022, Regular
Commission Meeting at 6:15 pm or soon thereafter) (Development Services Director Rumer)
On September 21, 2021, the City Commission approved an Ordinance establishing a temporary moratorium on the
processing and consideration of applications for development orders, development permits, and building permits for self -
storage within the C-3 (General Commercial) and I -I (Restricted Manufacturing and Warehousing) Zoning Districts for a
period of six months. During this moratorium, the Development Services Department has researched what the Industry
standard is for self -storage facilities. Staff recommends implementing the following criteria for self -storage facilities:
Maintaining the current code provisions for properties located within Special Overlay Districts with a C-3 or I-1 Zoning
Designation: 1) Self -storage is permitted only as an accessory use; 2) Provide for the use of Self -Storage Facility as a
Special Exception in the C-3 and I-1 Zoning Districts.
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 May 3, 2022, at 6:15 PM or soon thereafter. It was
subsequently announced that this item was also a first reading and public hearing, and comments
were welcomed.
Public hearing was opened. As no speaker forms were received, the public hearing was closed.
SECOND READING OF ORDINANCE — PUBLIC HEARING - 6:49 PM
12, Second Reading of Ordinance for Budget Amendment. (First Reading was heard at the April
5, 2022, City Commission Meeting. Advertised in the West Orange Times on Thursday, April 7, '2022)
(Finance Director Roberts)
The City Commission adopted an annual operating budget for the city on September 23, 2021. Subsequent to the adoption
of the budget staff identified the need for additional appropriations in the General Fund, and Water/Wastewater Fund. The
total General Fund budget adopted at that time was $78,712,989. The General Fund requires an additional appropriation
of $650,000. The Water/Wastewater fund adopted a budget of $21,378,568. The Water/Wastewater fund requires an
additional appropriation of $304,000.
Finance Director Roberts briefly explained the proposed budget amendments in detail. City
Manager Frank commented on a transposed figure that was misstated, and announced the correct
figure for adoption.
City Attorney Cookson read the title of the ordinance.
Public hearing was opened. As no speaker forms were received, the public hearing was closed.
Motion: Move to adopt Ordinance No. 2022-05, Budget Amendment for Fiscal Year
2021/2022; Moved by Commissioner Wilsen, seconded by Commissioner Firstner;
Motion carried 5-0.
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Regular City Commission Meeting
April 19, 2022
PUBLIC HEARING - 6:52 PM
13.. Public Hearing to Award the Lake Apopka Natural Gas District Franchise Agreement.
(Advertised in the West Orange Times on Thursday, March 17, March 24, March 31, 2022 and Thursday,
April'? 2022) (City Attorney Cookson)
In September 2010, the City and the Lake Apopka Natural Gas District (LANGD) extended the term of the Natural Gas
Franchise Agreement for ten years. The Agreement provides that LANGD has the non-exclusive right to manufacture,
import, transport, distribute, and sell manufactured or natural gas within the boundaries of the City. In exchange for the
City granting the franchise to LANGD, the City receives a franchise fee in the amount of six (6) percent of the gross
revenues derived from the sale of natural gas to all customers within the corporate limits of the City. The present
Agreement expired on September 3, 2020. If the Mayor and Commission approve the extension of the Agreement, the
effective date would be the date when the present Agreement expired (i.e.: September 3, 2020). The new Agreement is
substantially the same as the present Agreement with the following differences: Term: The City has the option to extend
the agreement for an additional ten years. This option will automatically take effect unless the City notifies LANGD in
writing at least ninety (90) days in advance of the expiration of the Agreement.
City Attorney Cookson explained the Lake Apopka Natural Gas District Franchise Agreement
and request for an extended term. If the Commission approves the extension of the Agreement,
the effective date would be the date when the present Agreement expired. The new Agreement is
substantially the same as the present Agreement with the following differences: Term: The City
has the option to extend the agreement for an additional ten years. This option will automatically
take effect unless the City notifies LANGD in writing at least ninety (90) days in advance of the
expiration of the Agreement.
The public hearing was opened.
Carole Barice, Attorney for Lake Apopka Natural Gas District, introduced the Lake Apopka
Natural Gas District team in attendance, and shared she is available to answer any questions.
Commissioner Firstner inquired about Lake Apopka Natural Gas District's plans to extend the
service lines to residential areas inside the City limits. Monica Marlow, Director of Marketing
and Business Development for Lake Apopka Natural Gas District, addressed his question and
explained the feasible requirements to extend the natural gas lines. Mayor Johnson shared his
personal experience in trying to obtain natural gas for his residence and the cost associated. Brief
discussion ensued. Commissioner Wilsen confirmed the approval for this evening is for an
extension of the franchise agreement. It was answered in the affirmative.
Commissioner Brinson suggested Lake Apopka Natural Gas District consider a town hall
meeting to educate residents on how to get natural gas in their community and the cost associated.
The public hearing was closed.
Motion: Move to approve the Lake Apopka Natural Gas District Franchise
Agreement; Moved by Commissioner Wilsen, seconded by Commissioner
Brinson; Motion carried 5-0.
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REGULAR AGENDA - None
COMMENTS FROM CITIZENS/PUBLIC — None
COMMENTS FROM COMMISSIONERS - 7:10 PM
Commissioner Brinson — Commented on the following:
1) Urged residents to stay informed on the laws being presented and passed at the state level and
encouraged all to be involved. Stressed the importance of weighing in regardless of their position
on the issue being presented.
Commissioner Wilsen — Commented on the following:
1) Congratulated the Parks and Recreation Department on the events recently provided and
commended them on a job well done.
Commissioner Firstner — Commented on the following:
1) Shared that April is Autism Awareness Month and encouraged residents to expand their
knowledge on this condition. He explained that it is a neurological and developmental disorder
that is often misunderstood, and encouraged compassion.
2) Announced the Fire Department's Open House date, time, and location.
3) Announced the Ocoee Police Department's Blood Drive date, time, and location.
Commissioner Oliver — Commented on the following:
1) Outlined many of the state bills currently in place to regulate price gouging and encouraged
citizens to contact their local legislators and demand rent control to limit rental rates throughout
the state.
2) Shared that the lights and sidewalks along Ingram Road are almost complete, and thanked those
involved.
3) Shared that the Clarke Road project is moving along nicely and encouraged residents to be
patient.
4) Conveyed the observation that many Central Florida drivers have for a nearby city and
recommended Ocoee Police Officers start writing additional speeding tickets to evoke the same
sentiment about driving within our community with the hopes of slowing down reckless drivers.
5) Thanked City staff for both the Ocoee Music Fest and the Easter Eggstravaganza.
6) Thanked Public Works for resurfacing streets, and shared that he has received several phone
calls complimenting the new look.
7) Provided a brief speech on Unity.
Mayor Johnson — Commented on the following:
1) Introduced and congratulated Jason Mellen, the newest member of the Human Relations
Diversity Board (HRDB), and further thanked the additional members for their dedication.
2) Commented on the great weather and huge turnout for Ocoee Music Festival. Thanked City
staff for all of their hard work.
3) Commented on school traffic along Sal Street near Spring Lake Elementary, and inquired about
speed bumps or another form of traffic calming. City Manager Frank shared that he will work
with staff to address his concerns.
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4) Shared that a street light on Bluford Avenue in front of the middle school was out. City
Manager Frank offered to contact Public Works.
5) Announced that a local Ocoee resident, Justin Williams, won the Jersey Mike's Naismith High
School Basketball Courage Award, and shared that he would like to invite Justin to an upcoming
City Commission meeting to be recognized for this outstanding accomplishment.
Commissioner Wilsen recognized and thanked the Mayor for his hard work and dedication to
the Ocoee Music Festival. She shared that it was an amazing event enjoyed by many. Mayor
Johnson thanked the City Commission for their participation and reminded everyone that he
could not do it without their support.
ADJOURNMENT — 7:32 PM
APPROVED:
Attest:
City of Ocoee
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
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