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Item 01 Approval of MinutesMINUTES REGULAR CITY COMMISSION MEETING DECEMBER 6, 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: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt PRESENTATIONS AND PROCLAMATIONS - None STAFF REPORTS AND AGENDA REVIEW - None COMMENTS FROM CITIZENS/PUBLIC – 6:17 PM The following persons addressed the City Commission: -Jim Moyer, Ocoee Resident, Congratulated the Ocoee High School Football team on their accomplishments, thanked Mayor Johnson and Commissioner Oliver for their support, and reminded residents to honor Pearl Harbor. -Steve Marbais, Ocoee Resident, shared an occurrence he had with the Police Department. CONSENT AGENDA - 6:25 PM Consent Agenda Motion Motion: Move to adopt the Consent Agenda Item #2-11 with Item #1 being pulled for discussion. Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 5-0. 1. Approval of the Minutes for the Regular City Commission Meeting held November 15, 2022. (City Clerk Sibbitt) Commissioner Oliver shared that he mistakenly provided incorrect information at the November 15, 2022, City Commission meeting, and explained at the time he believed Highpoint Church had been paid for the service they provided at the 2022 Unity Festival. He was later informed that was not the case. City Attorney Cookson addressed his concerns. Motion: Move to adopt Consent Agenda Item #1. Moved by Commissioner Oliver, seconded by Commissioner Wilsen; Motion carried 5-0. Page 4 of 656 Regular City Commission Meeting December 6, 2022 2 | P a g e 2. Approval of the Second Amendment to Agreement for Purchase and Sale between Wire Development LLC and the City of Ocoee for the Purchase of City-Owned Property at Crown Point. (City Attorney Cookson) On September 21, 2021, the City Commission directed City Staff to proceed with contract negotiations following Wire Development’s unsolicited offer to purchase the city-owned property. On February 17, 2022, the City and Wire Development entered into an Agreement for Purchase and Sale. The Agreement was amended on August 16, 2022, to provide for an extension to the Inspection Period until December 15, 2022. The Buyer has requested an additional ninety-day extension to the Inspection Period so that certain outstanding issues may be addressed including finalization of an Impact Fee Credit Agreement, obtaining emergency access to the property over property owned by Orange County, Florida, and to allow the Buyer time to enter into an agreement with the School Board of Orange County, Florida related to certain roadway improvements on the property. Approved on Consent. Motion carried 5-0. 3. Approval of a Performance Surety Escrow Agreement and Letter Related to Infrastructure Completion Requirements with Ocoee Village Developers Consortium. (Development Services Director Rumer) Ocoee Development LLC commenced construction of a mixed use project referred to as Ocoee Village Center and, in connection therewith and with the approval of the City, has installed certain roads, streets, sewers, water systems, drainage works, and/or other improvements under the provisions, conditions, and requirements of the City’s Subdivision Regulations. A consortium composed of Kimaya Ocoee Village LLC, Ocoee Village Residential LLC, and DKC Ocoee Village Center SE LLC obtained development rights to acquire certain parcels to complete the development of Ocoee Village Center. Since platting has been requested prior to the issuance of a Certificate of Completion and was approved at the October 18, 2022, City Commission meeting, a surety is required to ensure the completion of certain infrastructure improvements. Approved on Consent. Motion carried 5-0. 4. Approval to Extend RFQ #1707 Continuing Contract for Transportation Planning Consulting Services for One (1) Year. (Development Services Director Rumer) The contracts for RFQ #1707 Continuing Contracts for Transportation Planning Services expire this month (12/19/2022); however, there is an optional one-year renewal which would extend the contracts until 12/19/2023. The City Commission can approve a one-year optional renewal. The continuing contracts are with Kimley-Horn and Associates, Inc., and S&ME, Inc. Approved on Consent. Motion carried 5-0. 5. Approval of Motorcycle Lease Agreement with Teddy Morse’s Daytona Harley- Davidson. (Police Chief Plasencia) The Ocoee Police Department is requesting approval for a sole source procurement for the leasing of two (2) Harley-Davidson Police Motorcycles which have already been budgeted for in this current fiscal year budget. Recent increased enforcement efforts by the Ocoee traffic unit and patrol squads gives evidence that increased enforcement slows down traffic fatalities and injuries, and the traffic fatalities in the City of Ocoee have remained high for a three-year period with the highest rate recorded in 2021 when eight (8) fatalities occurred. In 2019 there were five (5) fatalities, and in 2020, which was a year of reduced traffic volume due to Covid-19, six (6) traffic fatalities still occurred. Approved on Consent. Motion carried 5-0. Page 5 of 656 Regular City Commission Meeting December 6, 2022 3 | P a g e 6. Approval to Purchase Motorola Radios. (Police Chief Plasencia) The Police Department received budget approval to purchase four (4) new portable radios ($33,600) for new positions in budget year 2022-2023 utilizing Police Impact Funds. The Police Department would like to move forward with both radio purchases, not to exceed the budgeted amount. Approved on Consent. Motion carried 5-0. 7. Approval to Accept the Victims of Crime Act (VOCA) Grant Agreement. (Police Chief Plasencia) For the Fiscal Year 2022/2023, the Florida Attorney General’s Office, as the pass-through agency for the Victims of Crime Act (“VOCA”), awarded the Police Department a grant to fund a victim witness advocate position. Using previous funding from the VOCA Grant, the Police Department has established a Victim Witness Advocate position. This grant-funded position was anticipated and included in the FY 2022/2023 budget with additional costs being paid for with existing Police Department funding. The acceptance of the VOCA Grant requires the execution of an Agreement between the State of Florida Department of Legal Affairs Office of the Attorney General and Ocoee Police Department. Approved on Consent. Motion carried 5-0. 8. Approval of Disaster Debris Removal Services with CrowderGulf LLC Cost Proposal RFP #18-002. (Public Works Director Krug) The City Commission awarded RFP #18-002, Emergency-Disaster Debris Removal Services, to CrowderGulf in 2018. Following hurricane Ian passing over Ocoee, the City activated CrowderGulf’s contract on October 3, 2022. The cost estimate of $626,221.17 to provide the removal services is based on the approved contract. Approved on Consent. Motion carried 5-0. 9. Approval of Contracted Sidewalk Repairs Utilizing Existing City of Kissimmee Contract with APEC LLC. (Public Works Director Krug) The City Commission approved funding in the current budget to perform contracted sidewalk repairs. In order to expedite the project, Public Works is requesting Commission authorization to piggy-back on the existing competitively bid City of Kissimmee contract IFB2022-002, Alternative Paving Methods, awarded to APEC LLC, which also includes sidewalk replacement items. APEC is one of the City’s continuing contractors for small construction services providers (RFQ 22-005). The cost estimate of $208,876.14 to provide the sidewalk replacement is based on the competitively bid and awarded City of Kissimmee contract. This award does not exhaust the budget for the sidewalk replacement and additional locations can be added to the work in accordance with the Purchasing manual. Approved on Consent. Motion carried 5-0. 10. Approval of Florida Central Railroad License Agreement for Railroad Removal. (Public Works Director Krug) The City Commission approved the Downtown Master Plan in October 2016 and a key element of the Plan is the proposed improvements to West Oakland Avenue between Taylor Street and Bluford Avenue. City Staff have worked with Florida Central Railroad to develop an Agreement to remove their inactive railroad crossing starting on West Oakland preceding south to Kissimmee Avenue. The Agreement with Florida Central Railroad will permit FCEN to remove the rail and to coordinate improvements to the crossing surfaces and approaches with the City. The agreed costs for these improvements total $166,374.00 and are adequately funded in the Public Works Streets Division Capital Improvements budget. These improvements will be installed in conjunction with the West Oakland Phase 2 construction. Approved on Consent. Motion carried 5-0. Page 6 of 656 Regular City Commission Meeting December 6, 2022 4 | P a g e 11. Approval to Demolish Structures at 15 South Kissimmee Avenue and 214 West McKey Street. (Public Works Director Krug) In 2014, the City Commission authorized the purchase of adjacent properties at 15 S. Kissimmee Avenue and 214 W. McKey Street as a future stormwater component of the Taylor Street/Kissimmee Street project. The proposed stormwater system does not require the utilization of the entire two parcels, and the City has been approached by a buyer for the remaining portion. The sale of this land to the potential buyer is contingent upon the three (3) existing vacant structures being demolished to make way for improved development. The Public Works Department would like to piggyback off of the Seminole County’s Term Contract for Demolition Services, Contract ID IFB-603795-20/CAR, utilizing Advanced Demolition as the contractor at a proposed cost of $33,627. Approved on Consent. Motion carried 5-0. FIRST READING OF ORDINANCE - 6:28 PM 12. First Reading of Ordinance for Howard Property, 8708 A. D. Mims Road – Annexation & Rezoning; Project No(s). AX-09-22-27 & RZ-22-09-44. (Second Reading and Public Hearing scheduled for January 17, 2023, Regular Commission Meeting at 6:15 pm or soon thereafter) (Zoning Manager Whitfield) The property is currently vacant, approximately 2.25 acres and located on the south side of A. D. Mims Road, beginning approximately 160 feet west of Prairie Lake Boulevard. The applicant is proposing to annex into the City and rezone the property to R-1AA (Single Family Dwelling District) in order to develop a single-family subdivision. Under the current Low Density Residential (LDR) Future Land Use Designation, the property would be allowed up to nine (9) dwelling units. Since the proposed requested zoning district is R-1AA, development of the subdivision will be required to comply with the design and development standards established for the conventional R-1AA zoning district. The property is within the boundaries of the City of Ocoee and Orange County Joint Planning Area (JPA) and is designated Low Density Residential on the JPA Future Land Use Map. a) First Reading of Annexation Ordinance b) First Reading of Rezoning Ordinance 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 January 17, 2023, at 6:15 PM or soon thereafter. 13. First Reading of Ordinance for a Substantial Amendment to the Ocoee Town Shops PUD for a Wawa Gas Station Use; Project No. RZ-22-07-42. (Second Reading and Public Hearing scheduled for January 17, 2023, Regular Commission Meeting at 6:15 pm or soon thereafter) (Development Services Director Rumer) The subject site is currently undeveloped, approximately 3.39 acres in size, and is located on the northwest corner of Clarke Road and W. Colonial Drive (SR 50). The applicant is proposing to amend the PUD Land Use plan again by reducing the 27,750 SF of retail/restaurant to a 5,636 Wawa Gas Station and 4,600 SF of future development for retail/restaurant. The project’s main entrance is an existing left-turn lane on Clarke Road. Water, sanitary sewer, reclaimed water, solid waste, and police & fire protection will be provided by the City. 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 January 17, 2023, at 6:15 PM or soon thereafter. Page 7 of 656 Regular City Commission Meeting December 6, 2022 5 | P a g e 14. First Reading of Ordinance for the Comprehensive Plan Amendment - Adoption of the Five-Year Schedule of Capital Improvements and Update of the Capital Improvement Element (CPA-2022-004). (Second Reading and Public Hearing scheduled for January 17, 2023, Regular Commission Meeting at 6:15 pm or soon thereafter) (Zoning Manager Whitfield) Section 163.3177(3)(a), F.S., requires that each local government Comprehensive Plan contain a Capital Improvements Element (CIE) designed to consider the need for, prioritization and location of public facilities in order to encourage the efficient use of such facilities as development occurs within the city. Capital Improvements Element Policy 1.5 states that the City shall continue, in conjunction with the annual process for the preparation of the operating budget, to prepare/update and adopt a five-year capital improvements program (CIP) in accordance with the timeline and priorities set forth in that Policy as well as Policies 1.1, 1.2 and 1.3. Pursuant to these Policies, the City has reviewed its existing public services and facilities and future needs over the next five (5) years and prepared a five-year capital improvements plan and budget. This ordinance proposes to amend the Capital Improvements Element to incorporate the capacity capital improvements from the adopted Five-Year Schedule of Capital Improvements. 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 January 17, 2023, at 6:15 PM or soon thereafter. SECOND READING OF ORDINANCE – PUBLIC HEARING - None PUBLIC HEARING - None REGULAR AGENDA – 6:32 PM 15. Approval of Memorandum of Understanding between Montierre Development, PLLC, and City of Ocoee Regarding a Regional Sports & Entertainment Complex and Mixed Use Development Deal which would Consist of a Number of Baseball Fields & Related Facilities, Hotels, Retail Buildings and Parking Garages. (Development Services Director Rumer) Montierre Development, PLLC, (Montierre) is seeking commitments from one or more established amateur baseball event and scouting organizations to utilize a Proposed Regional Sports and Entertainment Complex which will consist of 16 Baseball Fields, 9 Batting Cages, Multi-Purpose Fields, Recreation Park and Playground areas, a Splash Pad area and Welcome Center. The Sports and Entertainment Complex will be Anchored by a Mixed Use Center which will consist of a 2 Hotels with 400 Rooms, Seven (7) Retail/Restaurant Buildings, 20k SF ± of Office Space and two (2) Parking Garages with 1,600 parking spaces. In order to make a project of this magnitude work, Montierre will need to accumulate 148 acres ± along Ocoee Apopka Road. Montierre is seeking to combine City owned property more formally identified as the “Rogers Property” located on Ocoee Apopka Road with the adjacent lands known as the Chevron Property which would provide a bulk of the lands needed. Assistant City Manager Shadrix summarized the project and noted the economic impact this venture would bring to the City. He explained that Staff was seeking approval of the Memorandum of Understanding, which would allow Staff to move forward with Montierre Development. Development Services Director Rumer shared that the proposed project falls perfectly in line with the current vision of the Business Character Area that the City is working hard to achieve. He further explained the benefits of the project, and encouraged the Commission’s approval. Page 8 of 656 Regular City Commission Meeting December 6, 2022 6 | P a g e James Douglas, Montierre Development, provided a presentation that outlined their vision for the regional sports complex and elaborated on the benefits it would bring to Ocoee. The floor was opened for each member of the City Commission to ask questions and voice concerns. Development Services Director Rumer and Mr. Douglas addressed all issues shared. Support for the project was expressed by the City Commission. Motion: Move to approve the Memorandum of Understanding with Montierre Development, PLLC per staff’s recommendation; Moved by Commissioner Firstner, seconded by Commissioner Wilsen; Motion carried unanimously. Recess 7:14 PM – 7:24 PM 16. Discussion and Direction Regarding an Invoice for the Ocoee Remembrance Events and Unity Festival. (City Manager Frank) At the November 15th (2022) meeting of the City Commission, the Commission directed after discussion that the Jennifer Yon Agency provide an accounting and receipts from the Ocoee Remembrance/Unity Festival events for their consideration and discussion. City Manager Frank summarized the request from the City Commission at the last meeting, and shared that information has been provided to them in their agenda packet for consideration. Jennifer Yon, Jennifer Yon Agency, read aloud the letter that she sent to the City Manager on November 17th. The floor was opened for each member of the City Commission to ask questions and voice their concerns. City Manager Frank addressed all issues shared. Ms. Yon addressed any questions related to the event and the invoices submitted. Motion: Move to satisfy the final invoice of $19,637.34 to Jennifer Yon Agency and $7,678.24 to HighPoint Church for the Unity Festival, with funding coming from Contingency and any other funding source authorized by the City Manager; Moved by Commissioner Brinson, seconded by Commissioner Wilsen; Motion carried unanimously. 17. Discussion and Direction Regarding a Resolution to Amend the Bylaws of the Human Relations Diversity Board (HRDB). (City Attorney Cookson) The Human Relations Diversity Board’s mission is to promote understanding, respect, goodwill and equality among citizens and businesses in Ocoee. The City Commission has determined that certain revisions to the Bylaws of the HRDB related to qualifications for membership and procedures for the Board’s meetings are in the best interest of the City. City Attorney Cookson summarized the proposed resolution and explained the changes being presented for consideration. In addition to the proposed changes, he advised a discussion needed to occur to determine the staggering of the terms, which districts would start with an initial two (2) year term, and a determination if members need to reside in Ocoee, or if they can own property in Ocoee. Page 9 of 656 Regular City Commission Meeting December 6, 2022 7 | P a g e Ages Hart, HRDB Member, commented on the current status of the HRDB, and the need for a change. He further voiced support for his wife and former HRDB Chair, Lori Hart, for her role on the Board. Jim Moyer, Ocoee Resident, commented on the need for inclusion before diversity, and shared his recommendation for an Ocoee IDEA Board (Inclusion, Diversity, Equality, and Accessibility). Bill Maxwell, HRDB Member, commented on the need for the Diversity Board, asked that input from former members be allowed when establishing the revised Board, and asked the City to provide the Board members with training. Vivian Lyte-Johnson, Ocoee Resident, commented on the Ocoee Music Festival, and shared she is interested in understanding how other advisory boards are handling their events. She voiced her disagreement on the revamping of the HRDB, and agreed training should be offered to members. The floor was opened for each member of the City Commission to share their concerns and provide feedback. A lengthy discussion ensued on the proposed resolution. City Attorney Cookson summarized the following decisions, which needed to be incorporated into the proposed resolution: - The staggering of term limits for the initial appointments, and the Districts which will have an initial two (2) year terms. - The determination on whether members need to reside in Ocoee, or if they can own property in Ocoee. Motion: Move to stagger the appointments of the initial HRDB members with Districts 1 and 3 having two (2) year terms and District 2 and 4 having three (3) year terms; Moved by Commissioner Wilsen, seconded by Mayor Johnson; City Attorney Cookson provided clarification on the staggering of the terms, and addressed questions regarding the term limits. After the discussion. Motion carried 3-2 with Commissioner Brinson and Commissioner Oliver opposing. Motion: Move to keep the current language which allows those persons who reside in Ocoee, who own real property in Ocoee, or who are owners of businesses located in Ocoee shall be eligible for membership; Moved by Commissioner Firstner, seconded by Commissioner Oliver; Motion failed 3-2 with Commissioner Brinson, Firstner, and Oliver opposing. Motion: Move to require members be a resident of Ocoee; Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Commissioner Brinson asked the City Attorney to provide an explanation on what the previous failed motion meant. City Attorney Cookson provided explanation. He further explained the Page 10 of 656 Regular City Commission Meeting December 6, 2022 8 | P a g e current motion on the floor is to limit the membership to residents of Ocoee only. Commissioner Oliver provided a suggestion on adding a descendant as a member to the Board. Discussion ensued on the Board membership, and the reason for the establishment of the HRDB. After the discussion. Motion carried 3-2 with Commissioner Brinson and Oliver opposing. Commissioner Brinson inquired on how the selection process would be handled. City Attorney Cookson and City Clerk Sibbitt addressed his question. A majority consensus of the City Commission was to request the City Clerk to forward board applications received for consideration of appointment to the HRDB to the respective District Commissioner and Mayor so they may be prepared to make board appointments at the January 17th City Commission Meeting. Commissioner Wilsen noted that Ethics Training provided mention of who should not be considered for appointments to advisory boards, such as relatives, and asked for that to be added to the board application. City Attorney Cookson addressed her concern. Motion: Move that HRDB members attend annual mandatory diversity training funded by the City. Moved by Commissioner Oliver; Motion died for lack of second. Motion: Move that all advisory board members attend mandatory diversity training within 12 months of appointment. Moved by Commissioner Brinson, seconded by Commissioner Wilsen; Motion carried unanimously. Motion: Move to rescind the previous motion; and further move, that all advisory board members attend mandatory ethics training within 12 months of appointment. Moved by Commissioner Brinson, seconded by Commissioner Wilsen; After discussion, rescinded motion was withdrawn. Motion: Move that HRDB members attend mandatory diversity training within 12 months of appointment, and all advisory board members attend mandatory ethics training within 12 months of appointment. Motion carried 4-1 with Commissioner Firstner opposing. COMMENTS FROM CITIZENS/PUBLIC – 9:39 PM Chris Atkins, Ocoee Resident, noted the old teaching “treat others how you want to be treated”, called for accountability when actions are inappropriate, and implored leadership of the City to bring needed change. Annette Brown, HRDB Member, shared that HRDB Chair Hart resigned of her own accord, and explained that when a vote was taken to remove her, it failed, with only one member voting to remove her. Jim Moyer, Ocoee Resident, shared the next City Commission meeting date, and encouraged citizens to remember and honor Martin Luther King, Jr. (MLK). Page 11 of 656 Regular City Commission Meeting December 6, 2022 9 | P a g e COMMENTS FROM COMMISSIONERS - 9:44 PM Commissioner Oliver – Commented on the following: 1) Inquired how the MLK Parade would be managed this year. Mayor Johnson and City Manager Frank addressed his concerns. 2) Provided an update on the traffic light at the intersections of Ingram Road and Clarcona Ocoee Road, as well as, McCormick Road and Ocoee Apopka Road. 3) Congratulated the Ocoee High School Football team for making it to the State Semifinals, and for their academic standing this school year. 4) Provided an update on the Clarke Road widening project. 5) Spoke about the increased traffic on the roads due to the Holidays, and encouraged residents to be a little kinder and to practice patience. 6) Reminded residents to be mindful of their surroundings as they shop this Holiday. 7) Shared a quote by Maya Angelou. 8) Wished everyone a wonderful Holiday Season. Commissioner Firstner – Commented on the following: 1) Announced the next City Commission meeting is on January 17, 2023. 2) Wished everyone a very Merry Christmas and a Happy New Year. Commissioner Wilsen – Commented on the following: 1) Announced the Jolly Jamboree date, time, and location. 2) Reminded residents that toys are collected during Operation Santa, and encouraged residents to donate a new unwrapped toy for a child in need. 3) Wished everyone a very Happy Holiday. Commissioner Brinson – Commented on the following: 1) Reminded residents to “get safe and remain safe”, and encouraged them to stay vigilant of their surroundings throughout the Holiday Season. He further encouraged residents not to post out-of-town photos, or comments on social media, which announce to the world that their home is unattended. 2) Shared he attended the swearing-in for newly elected and re-elected Orange County officials. Reminded residents that Orange County officials are theirs too, and noted several streets that run through the City are owned and maintained by Orange County. 3) Announced that City elections will be held in March and shared that early voting will be available. He offered to provide additional details as they are released. 4) Reminded residents about the importance of following the “9 PM Routine”. 5) Spoke briefly about Operation Santa, and encouraged residents to participate. 6) Provided his contact information so that all residents that desired to sit on the HRDB for District 1 could reach out to him. City Manager Frank addressed comments made regarding his leadership skills. Mayor Johnson thanked him for his comments. Page 12 of 656 Regular City Commission Meeting December 6, 2022 10 | P a g e Mayor Johnson – Commented on the following: 1) Announced the December 20th and January 3rd City Commission meetings have been canceled. The next Regular City Commission Meeting will be held on Tuesday, January 17, 2023. 2) Announced that in observation of Christmas Day, City Hall will be closed on Friday, December 23rd, and Monday, December 26th. Also, City Hall will be closed on Monday, January 2, 2023, in observance of New Year’s Day. 3) Provided details about the upcoming local election to be held in March for the following seats: Mayor, District 1, and District 3. 4) Announced the Jolly Jamboree program details, date, time, and location. 5) Provided information about the multiple ways citizens can donate to the Ocoee Police Department, which helps assist local families in need. 6) Expressed gratitude to City Manager Frank. 7) Offered to assist Ms. Lyte-Johnson in making a public records request with the City Clerk’s Office. ADJOURNMENT – 10:00 PM APPROVED: Attest: City of Ocoee ______________________________ _____________________________ Melanie Sibbitt, City Clerk Rusty Johnson, Mayor Page 13 of 656