HomeMy WebLinkAbout03-17-2020 Minutes MINUTES
REGULAR CITY COMMISSION MEETING
MARCH 17, 2020
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 Commissioner Firstner, followed by the Pledge of
Allegiance to the Flag led by Mayor Johnson. Depty City Clerk Heard 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, Deputy City Clerk Heard
Mayor Johnson thanked Orange County Commissioners VanderLey (District 1) and Moore
(District 2), former Orange County Commissioner Scott Boyd and resident Mr. Greg Keethler for
their assistance in speaking with Orange County officials about the construction of the Fullers
Cross Road intersection, which was being delayed by Orange County. The start date for
construction will be announced soon.
PRESENTATIONS AND PROCLAMATIONS - 6:17 PM
Presentation on Legislative Days by the Ocoee Youth Council(OYC)—This presentation was
postponed due to the State of Emergency regarding the Coronavirus.
Presentation on the Nova Coronavirus (COVID-19) —Fire Chief Miller presented an update
about the Coronavirus.
STAFF REPORTS AND AGENDA REVIEW - 6:27 1'M
City Manager Frank announced before them is the following:
Emergency Item#1 —Covenant to Purchase Fire Engine. (Fire Chief Miller)
The City traditionally purchases vehicles through a financing lease-purchase agreement.Leasing is typically arranged
before the City commits to purchase the vehicles. However,the City was notified by the manufacturer there will be
a 3% price increase for any vehicles ordered after March 31, 2020, this equates to an approximate $17,377 price
increase. Finance recommends issuing a purchase order to Ten-8 Fire Equipment to secure lower pricing and
obtaining financing subsequent to placement of the order. The fire engine lease payments were budgeted for in the
2019/2020 capital budget.
Commissioner Oliver asked questions relating to the purchase of the package deal. City
Manager Frank and Fire Chief Miller addressed his questions.
Motion: Move to approve Emergency Item #1, Covenant to Purchase Fire Engine;
Moved by Commissioner Wilsen, seconded by Commissioner Oliver; Motion
carried unanimously.
Regular City Commission Meeting
March 17, 2020
COMMISSIONERS ANNOUNCEMENTS - 6:31 P M
Commissioner Oliver—None
Commissioner Firstner—None
Commissioner Wilsen—None
Commissioner Brinson—None
COMMENTS FROM CITIZENS/PUBLIC - 6:31 P M
Mayor Johnson stated the following: "The Governor has issued a State of Emergency for the
State of Florida due to risks relating to the Coronavirus. In an effort to reduce the spread of the
virus,this City Commission meeting is being held in the City Commission Chambers without the
public being present. However, public participation and input is still welcome. Anyone wishing
to participate in the City Commission meeting is welcome to participate by e-mail or by phone.
If you would like to participate, you can e-mail your question/comment to Citizens@ocoee.org
or call 407-554-7118. City staff will be standing by to ensure that your questions/comments come
before the City Commission during the meeting. Your e-mail and telephone questions and/or
comments will be read into the record by City staff. The City Commission will take a 3 minute
recess prior to each portion of the meeting where public participation is appropriate."
A three-minute break was taken for the public to email or call in for Public Comments.
City Manager Frank announced that Item 10, Second Reading of Ordinance for West Orange
Medical Center, and Item 11, Second Reading of Ordinance for Crystal Investment Plaza, are
being continued to the April 21, 2020, City Commission Meeting.
Development Services Director Rumer stated no emails or phone calls were received for Public
Comments.
Mayor Johnson—Announced the following:
1) The following meetings have been canceled at this time:
• Red Light Hearing on March 19th
• Code Enforcement Board on March 24th— Cases will be continued to the next meeting on
April 28th
• Citizen Advisory Council to Police Dept. on March 26th
• Human Relations Diversity Board on April 2nd
• Ocoee Youth Council on April 8th
The following public events have been canceled or postponed at this time:
• Spring Fling has been postponed to a date to be determined
• Best Fest has been postponed to October 8th
• Ocoee Lakeshore Center Grand Re-Opening has been postponed to a date to be determined
• Easter Eggstravaganza has been canceled
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The City is postponing the utility cut-off date for the month of March in order to reduce the need
for trips to City Hall. You can pay by credit card online or by phone for a small convenience fee,
or by check via US Mail or at the parking lot drop box. The City will soon have a drop box in the
City Hall lobby that will accept cash payments. See the City's website for more information.
2)Reminded each member of the commission to nominate up to two(2)nominees for the alternate
member seat to the City Clerk by Friday, March 27th
CONSENT AGENDA - 6:37 1'!\i
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1 - #8.
Moved by Commissioner Wilsen, seconded by Commissioner Firstner.
Commissioner Wilsen addressed Item #3 and asked residents to inform the City, or an elected
official, if they receive any out of the ordinary notifications. City Manager Frank and
Commissioner Wilsen thanked the resident for notifying the City.
After brief discussion, motion carried 5-0.
1. Approval of the Minutes for the Agenda Review Workshop & Regular City
Commission Meeting held March 3, 2020. (City Clerk Sibbitt)
Approved on Consent. Motion carried 5-0.
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 seven(7)members.Three(3)applications have been received
by Ashley Clarke,Nathan Clarke and Andrea Sia who have shown an interest in being appointed to the Ocoee
Youth Council for a term ending July 2021.
Approved on Consent. Motion carried 5-0.
3. Approval of Settlement Agreement with Duke Energy. (City Attorney Cookson)
Pursuant to City Ordinance 91-18,on July 16, 1991,the City of Ocoee granted an exclusive 30-year franchise
to Duke Energy's predecessor, Florida Power Corporation. Since that time, Florida Power and now Duke
Energy collect and remit to the City of Ocoee franchise fees each month. Ordinance 91-18 is applicable to all
properties lying within the City's municipal boundaries. On July 21, 2009, the City of Ocoee approved an
ordinance calling for a referendum for the annexation of Rose Hill Subdivision Phases 2 and 3(Rose Hill)into
the City's municipal boundaries. Following the successful annexation by referendum of Rose Hill, all utility
companies were notified that the property is now wholly located within the City. While Duke Energy
customers in properties located in Rose Hill continued to pay franchise fees and/or utility taxes on their bill
each month, unbeknownst to City staff, Duke Energy did not change its records for its Rose Hill customers
and the municipal taxes collected from those residents were erroneously remitted Orange County. In April
2019,a City resident living in Rose Hill received a letter from Duke Energy notifying the customer that,after
a review of Duke Energy records, the utility determined that the customer's property is in the City limits.
Because the City annexed Rose Hill nearly 10 years ago,the resident was confused as to why Duke Energy is
now notifying residents of its intent to collect taxes and fees on behalf of the City of Ocoee. The resident
provided the letter to City staff. City staff followed up with Duke Energy. Duke Energy confirmed that they
had received notice of the annexation in 2009;however,due to an error in the Duke Energy records,the taxes
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were paid to Orange County until the City's inquiry in 2019. The inquiry by the City was treated as an audit,
and Duke Energy has responded with a proposed settlement agreement with the City of Ocoee.Per the terms
of the settlement agreement, Duke Energy will pay the City$276,470.86, which consists of$151,541.90 for
franchise fees for addresses in Rose Hill from June 2014 through May 2019 and$124,928.96 for municipal
utility taxes for addresses in Rose Hill from June 2016 to May 2019.A statute of limitations applies to payment
of taxes and fees and this is the reason that the repayment amount is limited in time and does not go back to
2009.
Approved on Consent. Motion carried 5-0.
4. Approval to Reject all Proposals for RFP#20-001 Laboratory Services for City Water
and Wastewater Facilities. (Procurement Manager Tolbert)
The City initially intended to award contracts for the Laboratory Services for City Water and Wastewater
Facilities at the February 18,2020 City Commission Meeting.The RFP was publicly advertised on January 5,
2020, and opened on January 28, 2020. There was a total of five (5) proposals received from Advanced
Environmental Laboratories, Inc., Florida Spectrum Environmental Services, Inc., Flowers Chemical
Laboratories,Inc.,Pace Analytical Services,Inc.,and Tri-Tech Labs,Inc.The City received a letter of protest
from Florida Spectrum Environmental Services, Inc. After further review by the Utilities and Finance
Departments, and per the advice of the City Attorney, staff recommends rejecting all proposals based on
inconsistencies in the scope of services and what was submitted by the individual respondents. Staff considers
it to be in the best interest of the City to resolicit these services with a revised scope of services as an Invitation
to Bid(ITB)rather than a Request for Proposals(RFP).
Approved on Consent. Motion carried 5-0.
5. Award of ITB #20-002 Ocoee Wastewater Treatment Plant North Filter Bay
Rehabilitation Project. (Procurement Manager Tolbert)
In 1992, the City of Ocoee Wastewater Treatment Facility initiated a major expansion which included the
upgrade of the plant to public contact effluent disposal(reclaimed water). To accomplish the treatment level,
the plant was equipped with a sand filter unit process. The unit process is divided into north and south filters
capable of providing a redundant(each filter)three million gallons per day loading. The physical demands on
these filters' material require routine rehabilitation. The Utilities Department panned the rehab of the south
filter for Fiscal Year 2016 and the north filter for 2020.The rehab cycle life is anticipated to be ten(10)years.
The City of Ocoee, Florida (City) solicited an Invitation to Bid from qualified contractors to furnish labor,
supervision, materials, equipment, supplies and incidentals for the Ocoee Wastewater Treatment Plant North
Filter Bay Rehabilitation project.The City's gravity sand filters consist of two adjacent bays of filters,a North
bay and a South bay.This project involves rehabilitation of one side of the two-bay gravity sand filter system.
The North filter bay shall be rehabilitated while keeping the South filter bay fully operational in automatic
control. Filter bay size to be rehabilitated is 46 feet by twelve feet,six inches(46'x 12'6"interior dimensions).
The bid was publicly advertised on February 2, 2020, and opened on February 25, 2020. There was a single
(1)bid received for$194,450.00.The bid is available in the Finance Department for review. The Utilities and
Finance Departments reviewed the bid received, and it was considered responsive. Staff recommends
awarding the bid to Aqua-Aerobic Systems, Inc., as the sole responsive and responsible bidder. Aqua-
Aerobic's bid is$25,550.00 lower than the budgeted amount of$220,000.00.
Approved on Consent. Motion carried 5-0.
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6. Approval of First Amendment to Exclusive Franchise Agreement with Waste
Connections of Florida. (Public Works Director Krug)
The City Commission approved the new Exclusive Franchise Agreement with Waste Connections (WC) for
solid waste collection at the January 21, 2020 meeting. The City Attorney, Finance and Public Works
Departments have prepared an amendment to the Agreement to incorporate the sale of equipment declared
surplus to Waste Connections and further clarify the payment structure and insurance requirements of the
Agreement.
Approved on Consent. Motion carried 5-0.
7. Approval to Declare Sanitation Division Property Surplus. (Public Works Director
Krug)
With the City contracting the residential solid waste collection, a list of Sanitation Division vehicles require
Commission approval to be declared as surplus property. Per the Exclusive Franchise Agreement with Waste
Connections of Florida, Inc., Waste Connections will be purchasing the vehicles which will fit within the
company's current fleet. The City is currently under contract with George Gideon Auctioneers (Gideon),
Zellwood, Florida for the public sale of the City's surplus property, which piggybacks Lake County's terms
and conditions. In order to maximize the value of the surplus vehicles,Public Works is requesting the ability
to utilize additional resources specializing in solid waste industry trucks along with the original suppliers for
the sale of the vehicles. Gideon, and any alternate sources, will act as the dealer in transferring all titles and
collecting sales tax, collecting payments, taking auction pictures and listing each item, which includes
answering questions and showing the items to the public. Any items sold through additional resources would
be brought back to the City Commission for approval.
Approved on Consent. Motion carried 5-0.
8. Notification of Emergency Sewer, Manhole, and Road Repair at the Intersection of
West Colonial Drive (SR 50) and Bluford Avenue per Emergency Notification —
Chapter 21,Section 21.6,City of Ocoee Code of Ordinances. (Utilities Director Smith)
At the November 5, 2019 Commission Meeting, staff notified the Commission of the need for an emergency
sewer repair at the intersection of West Colonial Drive (Colonial) and Bluford Avenue (Bluford). Staff
became aware of the situation October 9, 2019, when a City employee reported a depression in the northern
most travel lane of Colonial,just west of Bluford. The depression was located near a City sanitary sewer
manhole. Upon inspection, it appeared that the manhole had settled causing a failure in a connecting pipe,
which allowed ground water to infiltrated the manhole.Due to the depth and complexity of the repair,the City
requested the services of J.Malever Construction(Contractor).On October 10,2019,the Contactor mobilized
on site.The Contractor worked with the City and FDOT to inspect the site and develop a plan for repair of the
roadway. During this inspection it was discovered that the issues with the roadway required a more in-depth
investigation in order to develop a repair plan. The City's geotechnical contractor provided inspection and
testing services of the site and upon review of the information, FDOT responded to the site with their own
geotechnical team to do further testing. FDOT used their ground-penetrating radar to assess the soil density.
The City, FDOT, and the Contractor hoped that the structure could be stabilized though pressure grouting.
Unfortunately,the pressure grouting failed,requiring the need to open cut the roadway to perform the repairs.
The location, and the 18-foot depth of the piping and structures, made this a difficult task requiring 24 hour-
a-day sewer bypass pumping, dewatering of the worksite, the use of trench boxes and an extensive
Maintenance of Traffic program. The repair also impacted fiber optic lines and the signalization of the
intersection. In total the project included removing two manholes, installing two new manholes, laying 114
linear feet of new gravity sewer, installing 1700 feet of fiber optic line, and repairing the roadway, sidewalk,
ADA ramps and curbing. To improve the longevity of the system, the City also lined over 200 feet of sewer
pipe and the two new manholes. The repair, from notification to the intersection re-opening, took
approximately three months and cost the Utilities Department$769,653.
Approved on Consent. Motion carried 5-0.
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March 17,2020
PUBLIC HEARING - None
FIRST READING OF ORDINANCE—None
SECOND READING OF ORDINANCES—PUBLIC HEARINGS—6:38 PM
9. Second Reading of Ordinance for Shoppes at West Oaks PD, 9000 West Colonial
Drive, Rezoning to Planned Unit Development/Land Use Plan (PUD/LUP);
Project No: RZ-20-01-01. (Advertised in the West Orange Times on Thursday, March 5, 2020)
(Development Services Director Rumer)
The Shoppes at West Oaks PD property is located on the south side of W. Colonial Drive
(SR 50), approximately 580 feet west of the Good Homes Road intersection. The subject
site is zoned C-2 (Community Commercial) and is approximately 4.10 acres in size. The
parcel contains parking, drive isles, and a vacant pad next to the Aldi Grocery Store. The
parcel is identified as Parcel Number 27-22-28-8005-00-040. The Applicant is requesting a
"Planned Unit Development" (PUD) zoning in order to allow for a four-story office, retail,
and self-storage facility. There will also include within the footprint a small addition to the
Aldi Store.As shown on the Land Use Plan,the facility will retain all existing improvements
and will fit on the vacant pad. The first floor (ground level) will consist of a 2,700 square
foot addition to the Aldi Grocery Store, provide 7,300 square feet of retail space along the
front, and contain climate controlled self-storage with a drive under access for
loading/unloading. The second and third story/floor will contain climate controlled self-
storage. The fourth story/floor will consist of 34,332 square feet of office space and climate
controlled self-storage. The entire climate-controlled self-storage is 100,396 square feet.
The existing vacant pad is located over 270 feet from SR 50 and is also shielded from view
due to several out parcels,which are both a part of the development and a part of the adjacent
development. Staff is considering the location, depth of the commercial lots, traffic
generation, and surrounding uses in its decision to allow climate-controlled self-storage in
this location. The overall development has four (4) access points, sufficient parking and
cross access parking, and depth to allow a four-story building and not feel out of character.
Since the pad is ready, no additional development other than moving a few electric meters
and water lines are required.
City Attorney Cookson read the title of the rezoning ordinance.
Development Services Director Rumer presented an overview of the proposed rezoning to
PUD/LUP for consideration.
Mayor Johnson opened the public hearing.
A three-minute break was taken for the public to email or call in for the Public Hearing.
Commissioner Wilsen announced she hopes residents will heed the warnings that the Fire
Department presented tonight and follow State and City guidelines concerning the Coronavirus.
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March 17, 2020
Development Services Director Rumer stated no emails or phone calls were received for the
Public Hearing.
The public hearing was closed.
Motion: Move to adopt Ordinance No. 2020-011, Second Reading of Ordinance for
Shoppes at West Oaks PD, 9000 West Colonial Drive, Rezoning to Planned Unit
Development/Land Use Plan (PUD/LUP); Project No: RZ-20-01-01; Moved by
Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried
unanimously.
10. Second Reading of Ordinance for West Orange Medical Center, 3442 & 3462 Old
Winter Garden Road, Annexation & Rezoning to Planned Unit Development/Land
Use Plan (PUD/LUP); Project No(s): AX-04-19-80 & RZ-19-04-03. (Advertised in the West
Orange Times on Thursday, March 5, 2020) (Zoning Manager Gajadhar)
The two subject parcels are approximately 1.21 acres in size and are located on the south side of Old Winter
Garden Road, and on the east side of Blackwood Avenue. They are both currently used as single-family
residences. The parcel identification numbers are 29-22-28-0000-00-036 & 29-22-28-0000-00-028, and are
both currently zoned"Orange County"A-1 (Rural/Agriculture).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 west.
The parcels will receive a "PUD-COMM" (Planned Unit Development - Commercial) zoning upon
annexation.
The property is located within the proposed Ocoee-Orange County JPA area and is bordered by the City of
Ocoee to the west.The property already benefits from Ocoee Fire Rescue services via a joint"First Responder"
Agreement with Orange County and benefits from City of Ocoee water service. The proposed annexation is a
logical extension of the City limits,urban services can be provided, and the annexation meets state and local
regulations.
a) Second Reading of Annexation Ordinance
b) Second Reading of Rezoning Ordinance
Mayor Johnson announced this public hearing has been continued to the April 21, 2020, City
Commission meeting.
11. Second Reading of Ordinance for Crystal Investment Plaza, 1414 E. Silver Star Road,
Substantial Amendment to the Planned Unit Development/Land Use Plan(PUD/LUP);
Project No: RZ-19-10-12. (Advertised in the West Orange Times on Thursday, March 5, 2020)
(Zoning Manager Gajadhar)
The Crystal Investments property is located on the northwest corner of Silver Star Road and Ridgefield
Avenue.The subject site is approximately 1.73 acres in size and is currently vacant,undeveloped,and sparsely
covered on the north side with a mixture of Pines and Oaks. The parcel is identified as parcel number 16-22-
28-0000-00-042. The property is currently zoned as a Planned Unit Development (PUD) for an Assisted
Living Facility (ALF). The Future Land Use designation for the site is "Commercial". The Applicant is
requesting an amendment to the"Planned Unit Development"(PUD)zoning in order to allow for a two-story
professional office and retail building. The Land Use Plan proposes the eventual construction of a two-story
building with a total building floor area of 18,000 square feet. The first floor will consist of 9,000 square feet
of commercial retail,while the second floor will consist of 9,000 square feet of professional offices.As shown
on the Land Use Plan,the facility will have access to Silver Star Road and Ridgefield Avenue.The Silver Star
Road access is through a shared cross-access provided by the adjacent property to the west. Additionally,the
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March 17,2020
applicant will be dedicating a 20 ft wide tract of land to the City of Ocoee along Silver Star Road. The City
requires buffer zones to protect new and established residential areas adjacent to new and established non-
residential uses. There is a 25 ft wide buffer zone on the north side consisting of a six(6)foot high brick wall
and landscaping. On the west side there is a ten (10) foot wide buffer landscaping. Water, sanitary sewer,
reclaimed water(when available), solid waste and police& fire protection will all be provided by the City of
Ocoee. Since the development proposal is under 25,000 square feet, it will be reviewed and approved
administratively by staff as a small scale site plan; therefore, the City Commission will not be acting on the
site plan approval.
Mayor Johnson announced this public hearing has been continued to the April 21, 2020, City
Commission meeting.
REGULAR AGENDA - None
STAFF ACTION ITEMS -None
COMMENTS FROM CITIZENS/PUBLIC - None
COMMENTS FROM COMMISSIONERS - 6:48 PM
Commissioner Oliver— Commented on the following:
1)Proposed Skyping or telephoning into meetings if a Board member cannot make it to a meeting,
or if the Board is unable to meet due to an emergency situation. He asked for a procedure to be
put in place and in writing for emergency situations. Mayor Johnson, Commissioners Firstner and
Wilsen were opposed. Commissioner Brinson was in favor. Consensus of the City
Commission was to not implement a new procedure for Board members to be
allowed to telephone or Skype into a City Commission meeting upon an absence.
2) Stated he met with the Ocoee Youth Council(OYC)who were planning on doing a presentation
tonight about Drone Lecture, a drone training course,which they are very interested in attending.
He further stated the OYC is asking for a financial commitment to send them to this two-day class
in Tampa, which is $600 per participant. Mayor Johnson, Commissioners Wilsen and Firstner
were opposed to funding the Drone Lecture, and Commissioner Brinson indicated he is on the
fence and wanted more information.
Commissioner Firstner—None
Commissioner Wilsen—None
Commissioner Brinson—Commented on the following:
1) Addressed the Coronavirus and asked the residents to take care of their neighbors and knock
on their doors to do a wellness check if you have not seen them.
2) Read an email to Mr. Greg Keethler from Orange County Chief Engineer Hazem El-Assar,
P.E., regarding the Fullers Cross Road intersection and applauded Mr. Keethler for taking the
time to go to an Orange County Board of County Commission meeting to address the problem.
3) Provided the Florida Department of Health Coronavirus Hotline at 866-779-6121.
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Mayor Johnson—Commented on the following:
1) Thanked staff for their diligent work on the Fullers Cross Road intersection as well as Orange
County Commissioners VanderLey (District 1) and Moore (District 2) and former Orange
County Commissioner Mr. Scott Boyd.
2) Announced the City is preparing for the Clarke Road project and the Crown Point Road cut-
through project.
ADJOURNMENT - 7:20 1'M
APPROVED:
Attest: City of Ocoee
141A11/4M_ %,
•
Melanie Sibbitt, City Clerk Rusty John. e ayor
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