HomeMy WebLinkAboutItem 01 Approval of the Minutes for the Regular City Commission Meeting held February 4 2020
MINUTES
REGULAR CITY COMMISSION MEETING
FEBRUARY 4, 2020
CALL TO ORDER – 6:16 PM
Mayor Johnson called the regular session to order at 6:16 PM in the Commission Chambers of
City Hall. The invocation was led by Commissioner Firstner followed by the Pledge of
Allegiance to the Flag led by Mayor Johnson. City Clerk Sibbitt called the roll and declared a
quorum present.
Present: Mayor Johnson, Commissioner Brinson, Commissioner Wilsen, and Commissioner
Firstner.
Absent: Commissioner Oliver
Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt
PRESENTATIONS AND PROCLAMATIONS - 6:18 PM
Proclamation for Black History Month ~ February 2020, read and proclaimed by Mayor
Johnson
Presentation of Check to “Wounded Officers Initiative” as the Beneficiary of the Proceeds from
the Chick-fil-A 5K Run and Kids Fun Run During the 2019 Founders’ Day Celebration - Parks
and Recreation Director Mark Johnson introduced Chick-fil-A representative Beth Otts. Beth
Otts presented a check to Lieutenant Iannuzzi who shared the background and mission of the
Wounded Officers Initiative.
Ms. Otts further thanked everyone involved for a successful event, and encouraged Ocoee
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residents to participant in the 10 Annual 5K Run and Kids Fun Run this November, and
announced that she has rallied the help of the Commissioners and intends to host a competition
among the four districts. She further shared the charity beneficiary application will be available
in late February.
STAFF REPORTS AND AGENDA REVIEW - 6:29 PM
City Manager Frank announced that during a previous meeting the Commission voted to rename
Central Park after the late Mayor Scott Vandergrift; therefore, before them was a list of
suggestions for the re-naming of Central Park. Consensus of the City Commission was
to have staff proceed with renaming the park to Vandergrift Central Park
City Manager Frank recalled the Commission’s approval at the January 21, 2020 meeting for
$2,500.00 to be used from Contingency Funds for the transportation improvement flyer to be
inserted in the monthly utility bills, and further shared that costs were slightly higher than
anticipated; therefore, approval for an additional $1,000.00 is needed to move forward.
Motion: Move to approve an additional $1000.00 from Contingency Funds for the
transportation improvement flyer that will be inserted with the mailout of the utility
bills. Moved by Commissioner Wilsen, seconded by Commissioner Brinson;
Motion carried 4-0 with Commissioner Oliver absent.
Regular City Commission Meeting
February 4, 2020
COMMISSIONERS ANNOUNCEMENTS - 6:33 PM
Commissioner Brinson – None
Commissioner Wilsen – Thanked the Human Relation Diversity Board for their assistance on
the Martin Luther King Parade, and noted it was a wonderful event.
Commissioner Firstner – None
Mayor Johnson - Welcomed the Ocoee High School ROTC and thanked them for attending the
meeting.
Announced the following:
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1) The next Community Redevelopment Agency meeting scheduled for February 18 at 5:00 PM
in City Hall.
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2) The 16 Annual Black History Month Essay Contest event details.
COMMENTS FROM CITIZENS/PUBLIC - None
CONSENT AGENDA - 6:35 PM
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1 - #5.
Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion
carried 4-0 with Commissioner Oliver absent.
1. Approval of the Minutes for the Regular City Commission Meeting held January 21,
2020. (City Clerk Sibbitt)
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
2. Approval of Appointments to the Ocoee Youth Council (OYC). (City Clerk Sibbitt)
Members of the Ocoee Youth Council (OYC) serve one-year terms. The Resolution creating the Board allows
no more than fifteen (15) members who are residents of Ocoee and entering grades 9-12 in a high school that
serves Ocoee students. Currently, the board has three (3) members. Two (2) applications have been received
by Chelsea Mendes and Gabrielle Dillon who have shown an interest in being appointed to the Ocoee Youth
Council for a term ending July 2021.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
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Regular City Commission Meeting
February 4, 2020
3. Approval of Greens at Forest Lake Phase 1 Plat. (Development Engineer Womack)
Greens at Forest Lake PUD is located on the north side of West Rd., west side of S.R. 429 and east of the
West Orange Trail. The subject site is currently made up of four parcels identified as parcel ID numbers 05-
22-28-0000-00-016, 05-22-28-0000-00-017, 05-22-28-0000-00-043, and 05-22-28-0000-00-041. The total
area for the four subject properties is approximately 29.17 acres. The Greens at Forest Lake Phase 1 Plat will
replat 20.39 acres of the subject properties. This plat is required in order to create 128 townhome lots,
associated right-of-way’s for public streets and parking, and tracts for open space, stormwater retention, and
recreation. The plat also includes easements for sidewalks, on-street parking stalls, emergency services,
drainage, public utilities. Of special note, the plat dedicates a 30-foot right-of-way tract located at the east end
of West Road in order to provide future access. Once the adjacent parcels develop, the remaining right-of-way
will be dedicated for an additional access. The Greens at Forest Lake Phase 1 subdivision is platting prior to
receiving a Certificate of Completion; therefore, the developer is required to provide a Surety covering the
outstanding proposed improvements as approved in the Preliminary/Final Subdivision Plans for Greens at
Forest Lake Phase 1. The Developer, Meritage Homes of Florida, Inc has provided the City with a Letter of
Credit in the amount of $2,636,551.40.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
4. Approval of First Amendment to Traffic Enforcement Agreement with Wesmere
Townhome Association, Inc. (Police Chief Brown)
Wesmere Townhome Association originally entered into a Traffic Enforcement Agreement with the City of
Ocoee on January 17, 2012. The term of the agreement was two years from the effective date, but the
agreement automatically renewed for additional two-year terms at the end of each two-year term, unless the
Agreement is terminated in accordance with the agreement. As of January 24, 2020, neither party has requested
the agreement be terminated. Wesmere Townhomes Association is currently requesting the initial Traffic
Enforcement Agreement be updated with the new property management’s name and address and update the
Homeowners’ Association contact and signature information. The First Amendment to the Traffic
Enforcement Agreement updates this requested information.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
5. Approval of Cost-Share Grant from St. Johns River Water Management District for
the Retrofitting of the Hammocks Subdivision with Reclaimed Water. (Utilities
Director Smith)
In 2018 the Utilities Department (UD) submitted two applications to St. Johns River Water Management
District (SJRWMD) for grant funding to retrofit the Windermere Groves and Hammocks subdivisions with
reclaimed water. One of these projects, Windermere Groves, received matching funds from SJRWMD for
one-third (33%) of the original construction cost estimate, and construction of the reclaim system in this
subdivision was completed in 2019. In October 2019, the SJRWMD provided notification that the Florida
Department of Environmental Protection (FDEP) has provided additional funding to the SJRWMD cost share
program, and additional cost share funding is now available for The Hammocks Reclaimed Water Retrofit
Project. The Hammocks Reclaimed Water Retrofit Project will provide reclaimed water to 125 homes and the
neighborhood’s common areas. Reclaimed water will offset the approximately 1.5 million gallons of potable
water the Hammocks currently uses for irrigation on a monthly basis. The project was originally estimated at
$397,693; however, due to the time elapsed from the original estimate to when it will be advertised for bidding
and some staff-initiated changes, the cost estimate for this project is now $483,297. Taking into consideration
the cost share amount from SJRWMD, the cost to the City for this project is $352,059.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
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Regular City Commission Meeting
February 4, 2020
Mayor Johnson acknowledged the Ocoee Youth Council members. Dorcas Dillard, Ocoee
Youth Council Coordinator, briefly introduced the current and newly appointed members and
shared that additional applications are forthcoming.
PUBLIC HEARING - None
FIRST READING OF ORDINANCES – None
SECOND READING OF ORDINANCES – PUBLIC HEARINGS - 6:37 PM
6. Ordinances Amending Chapter 168 of the City of Ocoee Code Relating to Vehicles and
Traffic. (Advertised in the West Orange Times on Thursday, January 23, 2020) (Police Chief Brown)
a) Second Reading of Ordinance Amending Article I, Sections 168-2, 168-4.1 &
168-5.1.
The Ocoee Police Department proposes two ordinance changes to the City’s Code of Ordinances to address
outstanding parking violations as well as making clarifications to policies regulating parking of commercial
vehicles on public property. The City of Ocoee does not currently have a system in place for violators who
have outstanding parking violations. Additionally, the City has experienced a steady increase in parking of
commercial vehicles on public property, including numerous complaints from citizens. Article I, Sections 168-
2, 168-4.1, and 168-5.1 of Chapter 168 of the City of Ocoee Code relating to Vehicles and Traffic would be
amended to address the following: Section 168.2 (Collection of Outstanding Parking Violations) Amendment
would allow the Department to notify the State of Florida Department of Highway Safety and Motor Vehicle
(DHSMV) of persons who have three or more outstanding parking violations. The tax collector may not issue
a license plate or revalidations sticker to any applicant whose name is given to DHSMV by the Department
until that person pays for the unpaid parking violations. Section 168-4.1 (Parking of Commercial Vehicles on
Public Property) Would be modified to prevent any commercial vehicles from parking on any public streets
and road rights-of-way, with the exception of loading purposes or otherwise permitted by the Land
Development Code. In addition, the definition of a commercial vehicle has been modified. Section 168-5.1
(Immobilization of Vehicles Bearing Outstanding Parking Citations) Allows any police officer to cause the
immobilization of motor vehicles based on criteria met in Section 168-5.1.
b) Second Reading of Ordinance Amending Article III by Creating Section 168-14,
Collection of Unpaid Red Light Violation Notices or Uniform Traffic Citations.
The City of Ocoee does not currently have a system in place for violators who have unpaid red light notice of
violations. This amendment would allow the clerk to notify the State of Florida Department of Highway Safety
and Motor Vehicle Division (DHSMV) of persons who have unpaid notice of violations. The tax collector
may not issue a license plate or revalidations sticker to any applicant whose name is given to DHSMV by the
Department until that person pays in full for the unpaid red light notice of violations. Currently there is
approximately $71,587 in unpaid notice of violations; however, only unpaid notice of violations that occur
after the passing of this ordinance will be attempted to be collected.
City Attorney Cookson read the title of the Ordinances.
a) Second Reading of Ordinance Amending Article I, Sections 168-2, 168-4.1 & 168-5.1
The public hearing was opened.
The following person addressed the City Commission:
- Victory Laney
The public hearing was closed.
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Regular City Commission Meeting
February 4, 2020
The Commission voiced their concerns regarding the vehicle violations and the need for
enforcement primarily for safety within the Community.
Motion: Move to adopt Ordinance No. 2020-008, Amending Article I, Sections 168-
2, 168-4.1 and 168-5.1; Moved by Commissioner Firstner, seconded by
Commissioner Brinson; Motion carried 4-0 with Commissioner Oliver absent.
b) Second Reading of Ordinance Amending Article III by Creating Section 168-14,
Collection of Unpaid Red Light Violation Notices or Uniform Traffic Citations
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Motion: Move to adopt Ordinance No. 2020-009, Amending Article III by Creating
Section 168-14, Collection of Unpaid Red Light Violation Notices or Uniform Traffic
Citations; moved by Commissioner Firstner, seconded by Commissioner Brinson;
Motion carried 4-0 with Commissioner Oliver absent.
7. Second Reading of Ordinance Amending Article V, Section 5-4 and Section 5-4.1 of
the Land Development Code (LDC) for Residential Fencing. (Advertised in the West Orange
Times on Thursday, January 23, 2020.) (Zoning Manager Gajadhar)
Currently, information on the City’s requirements for residential fencing is listed in both the Ocoee Land
Development Code Article V, Section 5-4 Open Space Requirements of Zoning Districts, as well as Article
V, Section 5-4.1 Fences. This has created some confusion with residents regarding what fencing requirements
need to be met in residential areas. To present this information in a more organized fashion, Staff is proposing
that all references to fencing be moved from Article V, Section 5-4 to Article V, Section 5-4.1, which
specifically addresses fences. A requirement for all fences four (4) feet in height and under be no more than
50% opaque was added as well as all fences within residential areas must have up to a two (2) inch variable
setback from adjacent property lines to avoid encroachment on neighboring properties.
Development Services Director Rumer presented an overview of the proposed ordinance for
consideration.
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. 2020-010, Amending Article V, Section 5-4
and Section 5-4.1 of the Land Development Code (LDC) for Residential Fencing;
Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion
carried 4-0 with Commissioner Oliver absent.
REGULAR AGENDA - None
STAFF ACTION ITEMS - None
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Regular City Commission Meeting
February 4, 2020
COMMENTS FROM CITIZENS/PUBLIC - 6:54 PM
The following person(s) addressed the City Commission:
- David Cross, Ocoee resident, spoke of the unsightly look and safety concerns created
from the delivery of unsolicited newspapers thrown onto residents' driveways. City
Attorney Cookson addressed the matter, and noted concerns due to freedom of speech.
Consensus of the Board was to have staff look into the concern from a legal
standpoint to determine if anything can be done.
- Kim Crisp, Ocoee Resident, addressed the Commission regarding a fence permit concern,
and shared that she would be willing to go through the variance process if the Commission
felt she has a chance of approval. Development Services Director Rumer addressed her
concern and shared with the Commission that there is a variance coming before the
Planning and Zoning Commission at their next meeting. He suggested waiting for the
outcome from that meeting and offered to assist Ms. Crisp moving forward.
COMMENTS FROM COMMISSIONERS - 7:07 PM
Commissioner Brinson – Commented on the following:
1) Recognized the Police Department and the sworn officers for their service and dedication to
the City. He thanked them for a wonderful award ceremony, and recommended holding the next
banquet in the City at the Lakeshore Center.
2) Shared a citizen's concern on the placement and accuracy of the red light cameras. Police Chief
Brown addressed his concern.
Commissioner Wilsen – Commented on the following:
1) Announced the Tri-County League of Cities Ethics Training class date, time, and location.
2) Shared concerns regarding the board applications for the youth council, and inquired if the
address and date of birth could be redacted. City Clerk Sibbitt addressed her concerns.
3) Announced the Spring Fling, and Shred to Protect event dates, times, and locations.
Commissioner Firstner – Commented on the following:
1) Asked who was responsible for the timing of traffic lights on roads within the City. City
Manager Frank addressed his question.
Mayor Johnson – Commented on the following:
1) Shared a request from Valencia’s Peace & Justice Institute for use of the Lakeshore Center and
waiving of the fees for an event in May. Consensus of the Commission was to waive the
rental fees for use of the Lakeshore Center.
2) Shared a citizen’s complaint of unmowed sections of grass along Ocoee Hills Road. City
Manager Frank affirmed that he would direct staff to resolve the issue.
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Regular City Commission Meeting
February 4, 2020
ADJOURNMENT – 7:23 PM
APPROVED:
Attest: City of Ocoee
_______________________________ _____________________________
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
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