HomeMy WebLinkAbout12-03-2019 Minutes MINUTES
REGULAR CITY COMMISSION MEETING
DECEMBER 3,2019
CALL TO ORDER- 6:17 P:1I
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: Commissioner Brinson, Commissioner Wilsen, Mayor Johnson, Commissioner
Firstner, Commissioner Oliver
Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt
PRESENTATIONS AND PROCLAMATIONS - None
COMMENTS FROM CITIZENS/PUBLIC - None
STAFF REPORTS AND AGENDA REVIEW - 6:18 PM
City Manager Frank announced before them is the following:
Emergency Item #1 - Duke Energy Easement on City Property (Inspiration Roadway
Lighting). (Development Services Director Rumer)
City Manager Frank briefly explained that Duke Energy is planning a lighting project for the
roadway at the Inspiration Town Center project. The City of Ocoee was deeded the property fee
simple by Heller Bros. under a development agreement that was unable to be included in the
Plat for Inspiration, which would have formally designated the land a public right-of-way and
would have included all necessary public easements. Since the roadway will not be incorporated
in a plat, easements are required by Duke Energy to install lighting along the roadway, Duke
Energy will require a Distribution Easement be granted to them by the City.
Motion: Move to approve Emergency Item #1, Duke Energy Easement. Moved by
Commissioner Oliver, seconded by Commissioner Firstner; Motion carried
unanimously.
COMMISSIONERS ANNOUNCEMENTS - 6:19 PM
Commissioner Oliver — Stated he would like to add two Emergency Items to the Consent
Agenda: 1) Approval for an Administrative Policy to require any City Sponsored Events to
require City Commission approval prior to being be placed on the City's calendar. 2) Approval
for the removal of the Founders' Day event from the November 2020 calendar, and rescheduled
to a different month in fiscal year 2020.
Clarification was provided by City Attorney Cookson to advise that the items being requested
should not be included in the Consent Agenda, but should be addressed as a regular discussion
under Commissioner Announcements or later in the meeting under Commissioner Comments.
Regular City Commission Meeting
December 3, 2019
Discussion ensued regarding what the procedures are for City-sponsored events and the
reservation of City venues; and further, removal of the Founders' Day event from the November
2020 calendar.
Motion: Move for an Administrative Policy to require any City Sponsored Events
to require City Commission approval prior to being be placed on the City's
calendar. Moved by Commissioner Oliver; Motion died for lack of a second.
Motion: Move for the removal of the Founders' Day event from the November
2020 calendar and reschedule to a different month in fiscal year 2020. Moved by
Commissioner Oliver; Motion died for lack of a second.
Further discussion ensued regarding the City of Ocoee 12-month calendar and the inclusion of
Orange County Public School (OCPS) information.
Commissioner Brinson redirected the discussion back to the question on what the policy is for
City-sponsored events and the approval of those events. City Attorney Cookson explained that
events for which the City is a sponsor or if there is a request to waive fees, those events all
come before the City Commission. He further explained there is not a policy on how the event
date is selected or placed on the calendar. Historically, the department or committee that
oversees a particular event would check with the City to determine which date and venue are
available, and would proceed with the reservation. Discussion on the dates for the 2020
Founders' Day ensued.
Motion: Move for approval of an administrative policy to require any City-
sponsored events to require City Commission approval prior to being be placed
on the City's calendar. Moved by Commissioner Oliver, seconded by
Commissioner Brinson;
Commissioner Wilsen shared she believes the policy being requested is already in place and
believes the issue at hand is only the Founders' Day event. Commissioner Oliver confirmed
that Founders' Day is the issue as he feels it conflicts with the proclamation that was approved
by the City Commission. Commissioner Brinson inquired if the Founders' Day date was
brought before the City Commission for approval. Mayor Johnson explained the event date has
never been approved by the City Commission. City Attorney Cookson clarified that the motion
being requested by the Commissioner is that before a City-sponsored event is placed on the
calendar that it comes before the City Commission for approval.
After a brief discussion, motion carried 3-2 with Mayor Johnson and
Commissioner Wilsen opposing.
Motion: Move for the removal of the Founders' Day event from the November
2020 calendar and reschedule to a different month in fiscal year 2020. Moved by
Commissioner Oliver; Motion died for lack of a second.
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Commissioner Brinson clarified if the request was for a different month or a different week.
Commissioner Oliver answered a different month. General discussion ensued regarding the
date selection of Founders' Day and the date selection for the Human Relations Diversity Board
(HRDB) Day of Remembrance event.
Commissioner Firstner— Discussed a topic of consideration with the Commission in regard to
scheduling City Commission Workshops an hour before their Regular City Commission
Meetings such as done by the City of Winter Garden. It would be noticed and open to the public
to attend. This process would give the Commission the ability to discuss items before they come
before them for a vote. City Attorney Cookson shared that would be totally appropriate as long
as the workshop is noticed; and further shared, they have had workshops specific to projects in
the past prior to the formal meeting.
General discussion ensued regarding the consideration of City Commission Workshops prior to
the Regular City Commission Meeting.
Motion: Move to schedule Workshop Meetings an hour prior to the next several
Commission Meetings. Moved by Commissioner Firstner, seconded by
Commissioner Oliver. Discussion ensued.
Amended Motion: Move to schedule Workshop Meetings an hour prior to the
Regular Commission Meeting on the first Tuesday of each month. Moved by
Commissioner Firstner, seconded by Commissioner Wilsen. Motion carried 4-1
with Mayor Johnson opposing.
City Manager Frank asked for clarification on the Commission's intent of televising the
workshop meetings as those meetings are not typically televised. Commissioner Firstner
suggested that the workshops not be televised. No objections were made to Commissioner
Firstner's response; therefore, the workshops will not be televised.
Commissioner Wilsen — Shared that due to the prior discussions about approval she is
requesting approval of the following events:
Motion: Move for approval for the City to host the Spring Fling event on March
28, 2020, and Shred to Protect event for March 14, 2020. Moved by Commissioner
Wilsen, seconded by commissioner Firstner. Motion carried 5-0.
Commissioner Brinson once more requested clarification on what was previously approved
with regard to events needing City Commission approval. He further inquired if the events
needing Commission approval were those placed on the City calendar, or those events the City
may sponsor and/or give contributions or waive fees for. Commissioner Wilsen noted that due
to the assistance of the Police Department hosting the shred event with the three organizations,
there are City funds being utilized which is why she is requested the approval.
Commissioner Brinson—None
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Mayor Johnson — Made the following announcements: 1) The 19th Annual Operation Santa is
taking place on December 3rd5th9th, 1 lth, 17th, and 19th. Santa Claus and his helpers will visit
the neighborhoods to toss candy and spread holiday cheer to children and families. When the
float arrives, residents are being encouraged to give Santa new unwrapped toys for the Ocoee
Police Department's Holiday Toys for Kids in Need. For a complete list of the 64 subdivisions,
Santa will visit, go to ocoee.org or call the Ocoee Fire Department at (407) 905-3140. 2) An
Evening with Santa is this Friday, December 6th starting at 6:30 PM at the Lakeshore Center.
Free pizza dinner with Santa, as well as arts & crafts, letter writing stations and more. Space is
limited to 50 kids and pre-registration is required. Call 407-905-3180 to register. 3) The City of
Ocoee and the Ocoee Lions Club will present the 39th Annual Ocoee Christmas Parade on
Saturday, December 7th at 10 AM. The parade will start at the intersection of Maguire Road
and Enterprise Street, and end at Bill Breeze Park. In lieu of entry fees, parade participants
have been asked to bring new unwrapped toys that will be donated to the Ocoee Police
Department's Holiday Toys for Kids in Need. 4) The City wants to send a retirement farewell to
Ken Goldberg who is the Broadcast Engineer for Ocoee TV. This is his last day with the City.
He's been with the City for 21 years recording the City Commission, Planning and Zoning and
Code Enforcement Meetings.
COMMENTS FROM CITIZENS/PUBLIC - 7:28 P N 1 Heard out of Agenda Order
William Maxwell presented a PowerPoint that highlighted and explained the planning efforts of
the program dedicated to honor the memory of the African-American citizens whose lives and
properties were taken during the November 1920 Ocoee Election Day Massacre, and further
provided information on the Ocoee Memorial Marker Installation Program.
Commissioner Wilsen thanked Mr. Maxwell and the Human Relations Diversity Board
(HRDB) for the extensive thought and work that has been put into this event.
Commissioner Brinson inquired if Mr. Maxwell was in contact with any family of the
descendants. Mr. Maxwell stated he has not been in contact, but it is definitely a consideration,
and there is an HRDB member that has been designated to make those contacts with the
descendants. He further noted the descendants would be involved in the overall recognition
portion of the program, and asked the members on the Commission to please forward any leads
they may have so they may follow-up.
Commissioner Oliver inquired when this 2020 event was placed on the calendar. Mr. Maxwell
answered within the last 60 days.
Chris Adkins shared his opinions with regard to Founders' Day being held on the weekend of
Halloween in 2020 as he feels many visitors coming into the City would attend both events. He
further shared it would be nice to come up with a solution where everyone is happy. He advised
Mr. Maxwell that he felt there was more potential for his event to be held on November 6th and
7th as a two-day event, as this would allow the program to go from a very somber event to a day
of celebration. A brief discussion ensued.
Stephen Nunn, Great-grandson of July Perry, shared he came this evening to hear and express
his sentiments as he and his family are excited for the effort and energy that is being put into the
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memorial process and planning of the event. He explained that there will never be true
reconciliation on the events that occurred until there are acknowledgments. Mr. Nunn shared
he is the President and Board Chair for The Julius July Perry Foundation and they are moving
aggressively to collaborate and do whatever they can to assist and support the City's event.
Ralph Groves spoke in regard to the safety concerns of the children on Ocoee Crown Point
Parkway adjacent to Ocoee High School. The newly installed blinking warning light at the
crosswalk is activated by pedestrians, but even when activated there are some drivers who do
not stop. He is respectfully requesting the installation of speed bumps at that crosswalk. Public
Works Director Krug explained that since that crosswalk was just recently installed it will
require enforcement and education. Deputy Police Chief Saima shared that the Police
Department did have a unit on patrol at the location this afternoon providing education and
enforcement, and will continue to do so in the upcoming weeks. Commissioner Brinson briefly
commented that public safety is important to him which is why he forwarded the email from
Mr. Groves to the Police Department and also spoke with the Principal of the school.
Reverend Barbara Bey, Granddaughter of Reverend John Sims and Pearl Sims, shared the
story of her family who were landowners and citizens of Ocoee during the Ocoee Election Day
Massacre. Her grandfather, Reverend John Sims lost his life during the massacre of 1920 and
her family lost their home and property. She further requested a date change for the November
2020 Founders' Day event. Reverend Barbara Bey shared a picture of her grandmother and
stated that many only reference July Perry when speaking of the Ocoee Massacre, but her
grandmother Pearl Sims was also affected.
Sherri Gladney presented her concerns for the rental rate of the Ocoee Lakeshore Center. She
stated she is a resident of the City but cannot afford to rent the facility in her City because the
rates are not affordable. She checked other nearby cities that were affordable but the date was
not available. She further requested the City Commission to reconsider the rates so that
residents can afford to have community and family events within the City limits. General
discussion ensued regarding rental rates of City facilities. Assistant City Manager Shadrix
reminded the City Commission that the City Manager has the authority under the ordinance to
provide discounted rates where it is seen fit to do so. He further shared the City has several
facilities, and depending on the type of the event, the City could assist with finding a fitting
facility or weekday solution as that is when most facilities sit empty. Assistant City Manager
Shadrix volunteered to meet with Ms. Gladney to work out a solution.
Maia Slowinski shared that earlier this year she approached the City Commission to try to get
donations for her trip to Budapest, Hungary for the European Maccabi Games. She shared
Commissioner Oliver made a personal donation toward her trip, and asked that she share her
experience with the City Commission. She informed the City Commission of her selection to
the Team USA Fencing Team, and her experience of meeting many participants from other
countries. She further shared that she won two gold medals, one silver medal, and has also
applied for the 2021 games.
Chris Adkins addressed City Manager Frank to formally apologize for a comment he made a
few meetings ago in which he stated he did not think it was appropriate for a non-elected
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official to make decisions in regards to the new City Hall. After some research, he realized he
misspoke as changes were made to the format process which does require approval as the
selected firm goes through the building process. He further shared he is asking that it be noticed
for whoever is appointed to sign off on approval, so it willbe known who can be held
accountable if issues are encountered in the future. Recommendations for the coating of the new
building were shared by Mr. Adkins.
CONSENT AGENDA- 8:55 I'i\l
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1 - #14 with Items #6, #7, #8,
and #9 being pulled for discussion and separate consideration.
Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion
carried 5-0.
1. Approval of the Minutes for the Regular Commission Meeting held November 5,
2019. (City Clerk Sibbitt)
Approved on Consent. Motion carried 5-0.
2. Approval of Code Enforcement Agreement with the Town of Windermere with 3%
Adjustment to Cover the City of Ocoee's Costs. (Assistant Support Services Director
Gaines)
The City of Ocoee is willing to continue to provide part-time code enforcement services to the Town of
Windermere with a 3% increase to cover the City of Ocoee's increased costs. The City of Ocoee will
continue to make available to the Town of Windermere one (1) of the City of Ocoee's Code Enforcement
Officers to provide code enforcement services within the Town of Windermere for approximately eight (8)
hours a week. It is anticipated that the Code Enforcement Officer will perform the services over two (2)4-
hour segments on non-consecutive days in each Town; however, the schedule may change depending upon
circumstances. If the Town of Windermere would like to use more than the weekly eight(8)hours per week,
the Town will pay an overtime rate of $49.67/hour. This is dependent upon the workload of the Code
Enforcement Officer.
Approved on Consent. Motion carried 5-0.
3. Approval of a Resolution Establishing Fees for Zoning Verification Letters.
(Development Services Director Rumer)
Historically City staff has answered requests for zoning and land use verification and at times additional
information pertaining to a parcel through either a zoning verification request or public record request. The
frequency of requests has been manageable and has been provided free of charge unless it was a part of a
larger public records request, which can have fees assessed based on staffs time to provide documentation.
As the economy has flourished and property transactions have picked up, the frequency of and items
requested has reached a point that staff is recommending assessing fees as provided for in Section 1-14 of
the City of Ocoee Code of Ordinances, which authorizes the imposition of record search fees related to
property located within the city. Staff reviewed the zoning verification fees from surrounding local
governments and is suggesting the following two (2) fees be adopted by resolution; 1) Standard Zoning
Verification Letter - $50.00, and 2) Detailed research (Certificate of Occupancy, Variances, site plans etc.)
Zoning Verification Letter-$125.00.
Approved on Consent. Motion carried 5-0.
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4. Approval of a Business Tax Software Program from Clear Village, Inc., (Capital
Purchase). (Development Services Director Rumer)
Currently Business Tax Receipts FKA Occupational Licenses are required per Chapter 119 of the City Code
of Ordinances. The Development Services Department, Building Division administers the processing
through the ADG (American Data Group) program. The City has been working with Clear Village who
provides permitting software to the City for a Business Tax Receipt program that would provide an upgrade
from what is offered through ADG. The new software will allow the online processing of applications and
renewals. Funding for the Clear Village Business Tax Software was approved under the budget for fiscal
year 2018-2019. The Clear Village Software product rollout is underway, but was not completed prior to
October 1,2019,which kept the Purchase Order from being paid.
Approved on Consent. Motion carried 5-0.
5. Approval of the Florida Department of Health EMS Matching Grant for the
Purchase of Two (2) LUCAS Chest Compression Systems. (Fire Chief Miller)
The Ocoee Fire Department has been awarded a matching(75%/25%)grant through the Florida Department
of Health. The award is for two (2) LUCAS 3.0 Chest Compression Systems which allow for hands-free
CPR to patients in cardiac arrest. The City has already received the State's contribution of$24,992.80. As
part of the award, the Fire Department is responsible for 25%of the total cost($4,153.80 per unit—two (2)
units total$8,307.60). The State contribution is$24,992.80 for a total cost of$33,230.40.
Approved on Consent. Motion carried 5-0.
6. Approval of Clinic Operations to Crowne Consulting Group, Inc. (Human
Resources Director Williford)
In 2007,the City executed a contract with Crowne Consulting Group to operate the City's newly constructed
employee clinic (revised/re-executed in 2010). In subsequent years, the Crowne Group merged with
CareHere and the contracts were assigned as required to continue with their clinic operations. The City's
contract continues on a year-to-year basis. In 2018, CareHere and the Crowne Consulting Group separated
into distinct entities, and their clinic operations were divided between the two companies. The City
requested our clinic operations be assigned back to our original contractor(Crowne);however, CareHere did
not honor our wishes and continued to serve as our clinic operator. Due to the expiration of a noncompete
clause, the Crowne Consulting Group is now able to serve as our clinic operator once again. Since the bulk
of the City's experience in clinic operations has been handled in an exemplary manner by Crowne, staff is of
the opinion that clinic operations should be moved to Crowne once again. In addition, Crowne has a
contractual provision with CareHere whereby they can maintain the existing medical staff at the clinic.
Commissioner Oliver inquired why an RFP was not performed, feeling it would have given the
Commission options prior to approving this item. City Manager Frank explained Crowne
Consulting Group, a local company, has handled the bulk of the City's experience in clinic
operations, and has done so in an exemplary manner, and noted that the separation from the City
was by no fault of their own. He additionally shared when the merger took place against the
City's wishes, it was assigned to Care Here. He acknowledged that the Commission could
request an RFP but asked if it could be done next year, and warned it is a fairly intensive
process to determine if there would be any cost-saving to select a new firm; and further,
expressed concerns due to the fact that several doctors-patient relationships have been
established, and changing firms could mean new formulary procedures.
Approval of Items #6, #7, #8, and #9. Motion carried 4-0 with Commissioner
Wilsen away from the dais.
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7. Approval of Reappropriating Capital Funding for the Vignetti Park Ballfields.
(Parks and Recreation Director Johnson)
As part of improvements for the Vignetti Park ballfields, the Parks & Recreation Department replaced all
fencing and backstops for the fields. The projects were allotted$125,000 for fence replacement and$75,000
for backstops. The City completed both projects and saved a total of$102,884.40 on the projects combined.
Staff is requesting the remaining amount of these projects ($102,884.40) be re-appropriated for the Vignetti
Park ballfields to complete the remodel of those fields. These improvements would include new
scoreboards, foul poles, Bermuda turf, infield clay, concrete, dugout/spectator shade, netting, bulbs for
lights, and other safety fencing around the ballfields.
Commissioner Oliver inquired how much was allocated within the fiscal year 2020 budget for
this item. Parks and Recreation Director Johnson shared the funds for this item were carried
over from a previous fiscal year. City Manager Frank explained the Capital Funds for this
project were approved in the 18/19 Budget, however, the project was not completed prior to the
end of the year, therefore they were moved into the following fiscal year (FY 19/20) awaiting
completion. He further noted this request was to re-appropriate the remaining balance for
similar improvements.
Commissioner Brinson thanked Parks and Recreation Director Johnson for saving the City
money, and sought knowledge on why there was a large additional amount left-over; and
further, wanted to know how the Commission could determine if they are making the
appropriate legal choices when re-appropriating funds. City Manager Frank explained any
money left over that is re-appropriated must be used for a similar project. He further shared that
the City has a procedure in place where all purchases go through an extensive review process
prior to being presented before the Commission, if necessary, review by the City Attorney, and
lastly approval from the City Manager. Commissioner Brinson further inquired if this
purchase violates any policies? City Manager Frank shared staff would never place an item
before the Commission that would knowingly violate a policy.
Approval of Items #6, #7, #8, and #9. Motion carried 4-0 with Commissioner
Wilsen away from the dais.
8. Approval to Piggyback off US Communities/Omnia Contract for Installation of
Security Cameras with Infinity AV & Security at Central Park. (Parks and
Recreation Director Johnson)
As part of improvements for Central Park, the Parks and Recreation Department is proposing to install
security cameras to help increase security and reduce vandalism. Staff is requesting permission to piggyback
off the US Communities/Omnia Contract #4400006645 for the installation of security cameras by Infinity
AV & Security for these services. Infinity AV & Security has submitted a proposal to supply and install the
security cameras in accordance to the plans, with unit pricing, in the amount of$61,610.51, based upon the
contract.
Commissioner Oliver inquired if the funds for this item were approved within the 19/20
Budget. Parks and Recreation Director Johnson replied the funds for this item were carried
over from the previous year.
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Commissioner Oliver then questioned where unused funds go at the end of a fiscal year. City
Manager Frank explained Capital Funds are transferred over to the following fiscal year, and
are specifically allocated to the approved individual project.
Approval of Items #6, #7, #8, and #9. Motion carried 4-0 with Commissioner
Wilsen away from the dais.
9. Approval to Piggyback off City of Orlando Police Department Contract for the
Purchase of Uniforms with Galls. (Police Chief Brown)
The City Manager's approval authority was exceeded for a single vendor. The City of Ocoee Police
Department purchased uniforms totaling$89,870.68 from Galls. The City of Ocoee Fire Department and the
Parks and Recreation Department had additional purchases totaling $3,862.50 from the same vendor. The
combined purchases exceeded the City Manager's approval authority for a single vendor. Since the total
amount spent at Galls is over the City Manger's approval threshold, entry into a contract is required by
either obtaining three quotes,using a sole source, or with a piggyback contract.
Commissioner Oliver questioned what the total amount was that exceeded approval for the
purchase of uniforms. Police Chief Brown clarified the amount presented is below the
department's $94,500 budgeted amount; however, the City's purchasing policy requires that any
single vendor purchase over $50,000 must seek the Commission's approval. He shared that the
total amount, $89,870.68 also includes purchases from both the Fire Department and Parks and
Recreation. He then explained that the City was able to piggyback off the City of Orlando's
contract to reduce the overall cost.
Commissioner Oliver again asked how much over the allowed $50,000 this request was.
Police Chief Brown shared total it is roughly $39,000 over the amount the purchasing policy
allows without the Commission's consent.
Commissioner Oliver then asked why staff sought approval to piggyback versus approval to
use a sole source. City Manager Frank replied, a sole source is not something the City would
want to do unless it was their only option; and further, explained a large city, such as Orlando,
can typically contract a better price break due to the total volume purchased.
Approval of Items #6, #7, #8, and #9. Motion carried 4-0 with Commissioner
Wilsen away from the dais.
10. Approval of FDOT 2019 Florida's Bicycle Pedestrian Focused Initiative Grant for
High Visibility Enforcement to Reinforce Pedestrian, Bicycle and Driver Safety.
(Police Chief Brown)
This year $5.000.00 has been made available for the City of Ocoee Police Department through Florida's
Bicycle Pedestrian Focused Initiative-Communication and High Visibility Enforcement Grant. The purpose
of the grant is to reinforce safe pedestrian, bicyclist, and driver behaviors in priority counties in Florida.
Orange County is considered a priority county due to the number of serious injuries and deaths of
pedestrians and bicyclists. The Letter of Agreement and Contract must be signed by the Mayor. If approved,
the City of Ocoee Police Department will receive $5,000.00 to conduct high visibility education and
enforcement on specific areas of West Colonial Drive and Silver Star Road to reduce traffic crashes
resulting in serious and fatal injuries to pedestrians and bicyclists.
Approved on Consent. Motion carried 5-0.
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11. Approval of Memorandum of Understanding for E 911 Systems with Orange County
Sheriff's Office. (Police Chief Brown)
House Bill 441 passed by the Florida Legislature this year and requires Orange County Sheriff to enter into
Memorandums of Understanding with each agency or governmental entity within the Sheriffs jurisdiction
that dispatches first responders. The Memorandum of Understanding confirms that the signing agency is
able to transmit directly on each other's communications' system. The Police Department contracts
dispatching services from the Winter Garden Police Department. Winter Garden Police Department has the
capabilities for the immediate broadcasting of public safety information over primary radio dispatch
channels of each first responder within their service area. As such, the Police Department would be
exercising Statement Option 3 as detailed in the Memorandum of Understanding's Attachment A.
Approved on Consent. Motion carried 5-0.
12. Approval of a Contract with MCCi to Upgrade the City's Laserfiche Electronic
Document Management System for Software, Installation, Training and One (1)
Year of Technical Support. (Support Services Director Butler)
The Adopted FY 2020 Budget for capital expenditures includes $60,000 to upgrade the City's Laserfiche
electronic document management system. The purpose of the upgrade is to enhance the existing capabilities
to include new features, such as the ability to create digital forms, greatly improve staff's ability to retrieve
information, establish a public portal for document requests, add workflow management for document
processing, and increase the number of simultaneous users. The cost of the new software enhancement is a
net of$40,707.39 after considering the present value of our existing Laserfiche software licenses. Staff also
recommends that the upgrade include $15,250 for professional services related to staff training, workflow
configuration for up to 15 document types. Together, the total recommended expenditure is $55,957.39,
which is less than the approved budget allocation.
Approved on Consent. Motion carried 5-0.
13. Approval of a Contract with CenturyLink for Voice and Data Network and
Technical Support for a Three-year Term and to Provide a Hosted VOIP Telephone
Service for a Five-Year Term. (Support Services Director Butler)
The City's existing voice and data network management contract with CenturyLink will expire in January
2020. This system uses the CenturyLink Managed Office product offering and includes an integrated voice
and data network. The service presently connects all staffed city locations served directly by CenturyLink
and, through an extension over Spectrum cable television service, to Fire Station 26, which is in the AT&T
local exchange calling area. All network and desktop telephone equipment is provided under lease from
CenturyLink and is managed by them from a remote location. The present contract is based on a price of
$55 per telephone, which includes the embedded cost of furnishing and operating the voice/data network.
The new contract price is about $20 per phone. The proposed network backbone solution is for the City to
own and directly manage the physical network consisting of firewalls, routers, and switches with equipment
warranty service and advanced technical support being provided by CenturyLink. This network structure
will be physically similar to what is in place now, but will allow greater control by the City to make
common network revisions needed to accommodate evolving City needs. A separate system using a
combination of CenturyLink and Spectrum service capabilities with Verizon cellphone backup is used by the
Ocoee Utilities Department for supervisory control and data acquisition (SCADA) related to their facilities.
The SCADA system is managed by City IT staff. The SCADA system will remain separate under the
proposed new network solution.
Approved on Consent. Motion carried 5-0.
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14. Approval of RFQ #19-008 Construction Manager at Risk for Fullers Cross Road and
Ocoee-Apopka Road Intersection Improvements Guaranteed Maximum Price
Contract Authorization. (Public Works Director Krug)
The Commission awarded the Construction Manager at Risk(CMR)contract for the Fullers Cross Road and
Ocoee-Apopka Road Intersection Improvements at the September 17, 2019 meeting to Oelrich Construction,
Inc., (Oelrich), and approved the pre-construction services portion of the contract on November 5, 2019.
Oelrich, VHB Engineers and City staff are diligently working on the next step in the CMR process which is
to negotiate the Guaranteed Maximum Price and completion dates based on a collaborative value
engineering process of all involved. Due to existing conditions encountered in the field, the team has spent
additional time evaluating alternatives to complete the project within budget meeting industry standards and
determine a construction start date. It is in the interest of the City to expedite the project once the GMP is
finalized and Staff is requesting Commission authorization for the City Manager to present the GMP to the
Mayor for execution if within budget. The design and construction are estimated to total $1 million. Orange
County is funding fifty percent (50%) of the project up to a maximum of$500,000.00. The design fee is
$212,600.00, and pre-construction fee $10,862.00, leaving $776,538.00 for the construction. The City
Manager will provide a briefing to the Commission at the meeting following the finalized GMP being
executed by the Mayor. The elements of the project include adding left and right-turn lanes, stormwater
improvements and new traffic signalization.
Approved on Consent. Motion carried 5-0.
Mayor Johnson called a short recess from 9:09 pm to 9:20 pm
PUBLIC HEARING - None
FIRST READING OF ORDINANCES - 9:20 Pel
15. First Reading of Ordinance Amending and Restating in Full the City of Ocoee
Municipal General Employees' Retirement Trust Fund. (Second Reading and Public
Hearing scheduled for December 17, 2019, Regular Commission Meeting at 6:15 pm or soon thereafter.)
(Municipal Pension Board Chair Cowan)
At their meeting held on November 6, 2019, the General Employees' Retirement Board reviewed and
approved the proposed ordinance which deals primarily with definition changes for compliance with the
Internal Revenue Code (IRC), clarify certain language and restate all previous Ordinances amendments of
the Plan into one document. The following proposed amendments are as follows:
• Section 1, Definitions, clarifying the definition of"Spouse" and move the definition of"Credited Service"
to Section 8, Vesting,regarding the rights of employees who terminate service prior to retirement.
• Section 2, Membership,to limit those individuals eligible to opt-out of the system,to comply with present
Internal Revenue Code Treasury Regulation requirements.
• Section 8, Vesting, clarifying the rights of vested and non-vested employees who terminate service prior
to retirement.
• Section 14, Maximum Pension, Subsection 8,the limitation mirrors the language in the IRC.
• Section 16, Miscellaneous Provisions, add Subsection 9, Missing Benefit Recipients. This provision is in
accordance to IRS Programs Compliance Memorandum.
• Section 24, Reemployment After Retirement, to comply with the Internal Revenue Code qualification
requirements and clarify reemployment after receipt of early retirement benefits.
• Section 25, Deferred Retirement Option Plan, remove Subsection 6.H, clarifying that once a member
participates in the DROP program,no changes to his/her form of benefit is permitted,and clarify members
whose participation commenced on or after September 18,2012,will be credited on a monthly basis.
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Regular City Commission Meeting
December 3, 2019
City Attorney Cookson read the title of the Ordinance.
Mayor Johnson announced that this will be presented as a second reading and public hearing at
the next scheduled City Commission meeting on December 17, 2019, at 6:15 PM or soon
thereafter. (Later in the meeting, the December 17, 2019 meeting was canceled and this item
was rescheduled to January 7, 2020.)
16. First Reading of Ordinance Amending the City of Ocoee Municipal Police Officers'
& Firefighters' Retirement Trust Fund Reflecting Internal Revenue Code (IRC)
Changes and CBA Revisions from Previous Years. (Second Reading and Public Hearing
scheduled for December 17, 2019, Regular Commission Meeting at 6:15 pm or soon thereafter.) (Police
Chief Brown)
The City of Ocoee Municipal Police Officers' &Firefighters' Pension Board has reviewed and approved the
proposed ordinance which deals primarily with definition changes for compliance with the Internal Revenue
Code and changes agreed upon in collective bargaining agreements with the City of Ocoee and the
respective bargaining units from the police and fire departments. The proposed amendments are as follows:
• Section 1, Definitions,clarify and the definition of"credited service."
• Section 7 & 8, Pre-Retirement Death and Disability, amended to more clearly identify those individuals
who may be eligible to apply for a disability pension in the event they have resigned or employment is
terminated.
• Section 9, Vesting, clarifying rights of vested & non-vested employees who terminate service prior to
retirement.
• Section 15,Maximum Pension,the limitation mirrors the language in the Internal Revenue Code.
• Section 17, Miscellaneous Provisions, Missing Benefit Recipients. This provision is in accordance to IRS
Programs Compliance Memorandum.
• Section 27, Deferred Retirement Option Plan, clarifying that once a member participates in the DROP
program, no changes to his/her form of benefit is permitted.
• Section 29, Reemployment After Retirement, amended as required by IRC.
• Section 30, Supplemental Benefit Component for Special Benefits, amended to provide that a member
who has less than seven years of Credited Service and terminates service with the City shall forfeit his
individual Member Share Account.
City Attorney Cookson read the title of the Ordinance.
Mayor Johnson announced that this will be presented as a second reading and public hearing at
the next scheduled City Commission meeting on December 17, 2019, at 6:15 PM or soon
thereafter. (Later in the meeting, the December 17, 2019 meeting was canceled and this item
was rescheduled to January 7, 2020.)
SECOND READING OF ORDINANCES—PUBLIC HEARINGS - 9:22 P sl
17. Second Reading of Ordinance for Daka Property - 8807 Hackney Prairie Road
Annexation & Rezoning, Project No(s): AX-09-19-85 & RZ-19-09-11. (Advertised in the
West Orange Times on Thursday, November 21, 2019 and Thursday, November 28, 2019.)
(Development Services Director Rumer)
This proposed annexation and rezoning is located on the north side of Hackney Prairie Road approximately
2,683 feet east of N. Clarke Road, next to Prairie Lake Elementary School. The Parcel ID Numbers are 03-
22-28-0000-00-052 & 03-22-28-0000-00-101. The parcels total approximately 2.13 acres, and one parcel
has one(1) existing single-family home. The subject property is considered contiguous to the City of Ocoee
since it is bordered by property located within the City limits on the north, east, and south. The proposed
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Regular City Commission Meeting
December 3, 2019
annexation is a logical extension of the City limits,urban services can be provided,and the annexation meets
state and local regulations. The parcels are currently zoned Orange County Rural/Agricultural(A-1), and the
proposed rezoning is City of Ocoee Low Density Residential (R-1A). The applicant is annexing into the city
limits as a condition to receive a city potable water connection.
a) Second Reading of Annexation Ordinance
b) Second Reading of Rezoning Ordinance
Development Services Director Rumer presented a brief overview of this proposed
annexation and rezoning for 8807 Hackney Prairie Road, which is located on the north side of
Hackney Prairie Road approximately 2,683 feet east of N. Clarke Road. The subject property is
considered contiguous to the City of Ocoee as it is bordered by property located within the City
limits on the north, east, and south. The proposed annexation is a logical extension of the City
limits, urban services can be provided, and the annexation meets state and local regulations. The
parcels are currently zoned Orange County Rural/Agricultural (A-1), and the proposed rezoning
is City of Ocoee Low-Density Residential (R-1A). The applicant is annexing into the city limits
as a condition to eventually receive a city potable water connection.
City Attorney Cookson read the title of the annexation ordinance.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
a) Second Reading of Annexation Ordinance
Motion: Move to adopt Ordinance No. 2019-035, Daka Property - 8807 Hackney
Prairie Road Annexation, Project No: AX-09-19-85; Moved by Commissioner
Oliver, seconded by Commissioner Wilsen; Motion carried unanimously.
b) Second Reading of Rezoning Ordinance
City Attorney Cookson read the title of the rezoning ordinance.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Motion: Move to adopt Ordinance No. 2019-036, Daka Property - 8807 Hackney
Prairie Road Rezoning, Project No: RZ-19-09-11; Moved by Commissioner Oliver,
seconded by Commissioner Brinson; Motion carried unanimously.
18. Second Reading of Ordinance Amending the Land Development Code (LDC),Article
III, Subsection A of Section 3-2, Regarding an Alternate Board Member on the
Planning and Zoning Commission/Land Planning Agency. (Advertised in the West Orange
Times on Thursday, November 21, 2019.) (Development Services Director Rumer)
On May 15, 2018, the City Commission adopted an Ordinance which amended Section 3-2 and Section 3-3
of the City of Ocoee Land Development Code, which amended the following: establishment and
membership of the Planning and Zoning Commission, abolished the Board of Adjustment,revised the duties
of the Planning and Zoning Commission, and incorporated the rules from Ordinance 89-19 into the Code.
The adopted Ordinance consisted of changing the Planning and Zoning Commission from a nine(9)member
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Regular City Commission Meeting
December 3, 2019
Commission to a five (5) member Commission. The City is proposing to amend the Land Development
Code and add a provision to Article III, Subsection A of Section 3-2 to appoint six(6)members to comprise
the Planning and Zoning Commission, including one (1) alternate member appointed by the City
Commission, as well as maintaining the (1) non-voting member appointed by the School Board of Orange
County. The new alternate member would be required to attend and participate in Planning and Zoning
meetings with the exception of holding a nonvoting status unless: i) a quorum is not met or ii) a voting
conflict is made by a member.
Development Services Director Rumer explained the Commission recently reviewed two
applications for a vacant position on the Planning and Zoning Board. During that review, Brad
Lomneck was appointed to the Board as a full member, and Lou Forge was appointed as an
alternate member. Staff was then directed to create an ordinance to make the alternate member
an active part of the Planning and Zoning Commission. This proposal will require the alternate
member to attend meetings, allow them to provide feedback, and join in the discussions. When
there is a full quorum, the alternate will not be able to vote; however, if a regular member has a
conflict or is absent, they will then be able to vote.
City Attorney Cookson read the title of the ordinance.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Motion: Move to adopt Ordinance No. 2019-037, amending the Land
Development Code (LDC), Article Ill, Subsection A of Section 3-2, to appoint an
alternate board member on the Planning and Zoning Commission/Land Planning
Agency; Moved by Commissioner Wilsen, seconded by Commissioner Brinson;
Motion carried unanimously.
REGULAR AGENDA - 9:2S 1'09
19. Discussion and Direction Regarding Property Located at 441 Basking Ridge Court.
(City Attorney Cookson)
The City currently mows and maintains the approximately one (1) acre cemetery property located at 441
Basking Ridge Court. Due to the historical significance of the property to City residents, the City Attorney
recently attempted to contact the owners of record to request they donate the property to the City so that the
City could install passive improvements on the property(such as a bench, gazebo, or other similar use). The
initial letter, which was sent to the addressee per the Orange County Property Appraiser's records, was
returned by the post office as undeliverable. The second letter, which was sent to the post office box address
on the deed of record, was not returned; however,the City Attorney's office has received no response to the
letter. The Property Appraiser lists the cemetery property value at $9,270.00. Staff has assessed other
options and has consulted with the City's eminent domain attorney. An option for the City to acquire the
property is for the City to proceed in eminent domain. This process would take six to nine months and would
probably cost between$15,000 and$20,000.
Commissioner Oliver requested to table this item until January 2020, as he foresaw it would
trigger a lengthy discussion. City Manager Frank explained postponing to a date certain would
be acceptable to Staff He shared this is an item that the Commission directed Staff to research
and bring back regarding the African American Cemetery.
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Regular City Commission Meeting
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Motion: Move to table the Discussion and Direction Regarding Property Located
at 441 Basking Ridge Court until January 7, 2020; Moved by Commissioner
Oliver, seconded by Commissioner Wilsen; Motion carried unanimously.
STAFF ACTION ITEMS - None
COMMENTS FROM CITIZENS/PUBLIC — Heard out of Agenda Order after
Commissioners Announcements
COMMENTS FROM COMMISSIONERS - 9:30 i'r i
Commissioner Brinson — Announced that he has received multiple comments from residents
regarding what a great job the Commission is doing, and added many citizens realize that it is a
difficult job which requires a large amount of effort. He then thanked the residents and the
Commission for their support.
Commissioner Wilsen — 1) Announced the City of Ocoee's Operation Santa is in full swing,
and encouraged residents to please support the cause by donating a new unwrapped gift to the
sleigh as they swing by your neighborhood. 2) Inquired if canceling the December 17th City
Commission Meeting would be a concern. City Manager Frank shared there were no
foreseeable concerns. City Attorney Cookson reminded the Commission to move the two
second readings scheduled for December 17, 2019, to January 7, 2020. Motion to cancel the
December 17, 2019 meeting and reschedule the two Second Readings to January
7, 2020. Moved by Wilsen, seconded by Commissioner Firstner, Motion carried
5-0. 3)Wished everyone a Merry Christmas and a Happy New Year, and shared that she looked
forward to seeing everyone on January 7, 2020, at 5:15 PM for the first Workshop.
Commissioner Firstner—None
Commissioner Oliver — 1) In light of the lengthy discussion that took place this evening, he
quoted "without struggle there is no progress", and shared that he believed he saw some very
healthy progress this evening. 2) Wished everyone a safe and Happy Holiday season.
Mayor Johnson — 1) Announced he would like to meet with the Founders' Day Committee
regarding several concerns that were addressed during the meeting, and reiterated that the dates
have been changed to support the events in which the Human Relation Diversity Board is
planning a remembrance event honoring July Perry and other victims of the 1920 Massacre. He
shared that during their break, Mr. Nunn, a descendant of July Perry, agreed to participate with
the Human Relation Diversity Board. He acknowledged initially he was not in support of a
name change, as multiple residents have emphasized they would like to see Founders' Day
continue as it has for many years, but noted he is not against changing the name; however, feels
the committee members who put in countless hours organizing the event deserve to be a part of
the decision. He stressed that the name Founders' Day has nothing to do with those who
founded the City, and explained the sole intent of the event is to celebrate the existence of our
great City. He agreed at times difficult discussions need to take place, but stressed during his 33
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Regular City Commission Meeting
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years in government he believes the current Commission operates in a fair manner for the
betterment of the City. 2) Wished everyone a Merry Christmas.
ADJOURNMENT - 9:38 I'\I
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APPROVED:
Attest:
City of Ocoee
/74a
Melanie Se3itt, City Clerk Rusty Johnso1,
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