12-06-2022 MinutesMINUTES
REGULAR CITY COMMISSION MEETING
DECEMBER 6,2022
I CALL TOO ER - 6a IS Pr011
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
'PORTS AND AGENDA REi VIEW - 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.
I CONSENT AGENDA - 625 I'M
for discussion.
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carried 5-0.
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.
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Regular City Commission Meeting
December 6, 2022
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.
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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.
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.
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.
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Regular City Commission Meeting
December 6, 2022
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.
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 fi-om 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.
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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.
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 117132022-002, 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.
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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.
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December
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.
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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-lAA (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-IAA,
development of the subdivision will be required to comply with the design and development standards
established for the conventional R-IAA 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.
The subject site is currently undeveloped, approximately 3.39 acres in size, and is located on the northwest
comer 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.
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Regular City Commission Meeting
December 6, 2022
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 I'M
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.
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Regular City Commission Meeting
December 6, 2022
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.
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Recess 7:14 PM— 7:24 PM
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 Eon Agency, read aloud the letter that she sent to the City Mai -lager 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.
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unanimously.
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.
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Regular City Commission Meeting
December 6, 2022
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.
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City Attorney Cookson provided clarification on the staggering of the terms, and addressed
questions regarding the term limits.
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Commissioner Oliver opposing.
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Brinson, Firstner, and Oliver opposing.
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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
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Regular City Commission Meeting
December 6, 2022
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,
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the January 17 th 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.
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Commissioner Wilsen; Motion carried unanimously. q
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discussion, rescinded motion was withdrawn.
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Firstner opposing.
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 Mcinber, 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).
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Regular City Commission Meeting
December 6, 2022
COMMENTS FROM COMMISSIONERS
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 I could reach out to him.
City Manager Frank addressed comments made regarding his leadership skills. Mayor Johnson
thanked him for his comments.
9 (Page
Regular City Commission Meeting
December 6, 2022
Mayor Johnson — Commented on the following:
1) Announced the December 20t" and January 3 d 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 23 d , and Monday, December 26t". 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.
I ADJOURNMENT — 1000 V'I'd I
Attest: City of Ocoee
Melanie ibjbitt, City Clerk
Rusty Joh s n Mayor