HomeMy WebLinkAbout04-21-2020 Minutes MINUTES
REGULAR CITY COMMISSION MEETING
APRIL 21, 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 Mayor Johnson, followed by the Pledge of Allegiance to
the Flag led by Commissioner Wilsen. City Clerk Sibbitt called the roll and declared a quorum
present.
Present:Mayor Johnson,Commissioner Brinson,Commissioner Wilsen,Commissioner Firstner,
Commissioner Oliver
Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt
PRESENTATIONS AND PROCLAMATIONS - 6:16 PM
Mayor Johnson announced the following, "All interested parties are invited to be heard during
the public comments and public hearing portion of the meeting. Due to the current State of
Emergency regarding COVID-19, City Hall is closed to the public; however, the City requests
the public to call or email comments and/or questions to 407-554-7118 or citizens@ocoee.org."
Proclamation — Water Conservation Month for April 2020, read and proclaimed by Mayor
Johnson
STAFF REPORTS AND AGENDA REVIEW- 6:18 PM
City Manager Frank announced that staff is requesting to pull Consent Agenda Item #2,
Approval of the Neighborhood Matching Grant Program Applicants, due to the revised staff
report with regard to Roberts Rise HOA.
COMMISSIONERS ANNOUNCEMENTS - 6:19 PM
Commissioner Firstner—None
Commissioner Wilsen — Pulled Consent Agenda Item #5, Approval of the Lake Prima Vista
Sediment Nutrient Inactivation Grant.
Commissioner Brinson—None
Commissioner Oliver—Pulled Consent Agenda Item #3, Approval of Arden Park North Phase
6 Non-Substantial Amendment to the Planned Unit Development/Land Use Plan(PUD/LUP).
Mayor Johnson — Announced that City staff will be standing by to ensure that
questions/comments come before the City Commission during this meeting.
Regular City Commission Meeting
April 21, 2020
COMMENTS FROM CITIZENS/PUBLIC
The following person(s) addressed the City Commission via email and/or telephone:
- Vicki Mahoy,President of Roberts Rise HOA (email)
- Eric Romano, Resident of Arden Park(email & telephonic)
- Mark McDonald, Director of Land with Lennar Homes (email & telephonic)
- Mike Smarrito, President of Sleepy Harbour HOA (email)
CONSENT AGENDA - 6:22 PM
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1, #4 and #6.
Moved by Commissioner Oliver, seconded by Commissioner Brinson; Motion
carried 5-0.
1. Approval of the Minutes for the Regular City Commission Meeting held March 17,
2020, and Special Session Meeting held March 25,2020. (City Clerk Sibbitt)
Approved on Consent. Motion carried 5-0.
2. Approval of the Neighborhood Matching Grant Program Applicants. (Community
Relations Manager Wright)
The Ocoee City Commission approved the implementation of the new Ocoee Neighborhood Matching Grant
Program at their meeting on October 15,2019. The grant program was formerly known as the Most Valuable
Partnership Awards (MVP). Staff revamped the MVP to simplify and improve the application and criteria
process. The Neighborhood Matching Grant Program is held annually. This year's grant cycle opened on
February 21, 2020. Applications were due on March 20, 2020. The neighborhood grant program is for
homeowner associations(HOA)and neighborhoods that do not have a structured HOA. The goal of the grant
program is to assist residents with making improvements to their neighborhoods. The maximum matching
grant award is $2,000. Applicants pay for their improvement projects and then get a portion back, up to a
maximum of$2,000. The following four (4) homeowner associations submitted grant applications for this
grant cycle: Prairie Lake Reserve, Roberts Rise, Sleepy Harbour and Lake Olympia Club. Staff does not
recommend that an award be made to the Lake Olympia Club HOA. The improvements listed on their
application have already been completed, one by more than 12 months. The instructions on the application
form state that the work must be completed within six months and the grant cannot supplement existing
operating budgets. It also states applicants will be notified if their application is approved,at which time they
may begin the project. Given the nature of the grant program, which is to improve city neighborhoods, the
Development Services Department conducted the primary review of applications.
Commissioner Wilsen indicated this item had a revision, which is before them. She shared that
she spoke with the HOA president for Roberts Rise who indicated they are in favor of
recommendation number three. City Attorney Cookson read the email submitted by Vicki
Mahoy, President of Roberts Rise HOA.
Support Services Director Butler explained the following three recommendations submitted by
staff with regards to the application submitted by Roberts Rise HOA:
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1) Award the$400 for the kiosk at this time,but make no award for the barrier in this grant cycle.
Under the rules of the grant program, receiving the award for the kiosk would preclude the
HOA from applying for a neighborhood grant in FY 2021.
2) Make no award to the HOA in this grant cycle, which would allow the city and the HOA to
resolve the issues related to the barrier. The HOA could reapply in FY 2021, or a later grant
program cycle, to seek funding for both improvements. Any such subsequent application
would be evaluated relative to others that are submitted, and the program rules in place at that
time.
3) Award the$400 for the kiosk under the normal grant rules, and separately award up to $1,600
for construction of the barrier subject to resolution of the regulatory and other issues
presented. Due to the time required for this process, the six-month time limit for construction
would need to be extended to 12 months with the applicable grant funding eligible to be
carried forward into the FY 2021 Budget.
Motion: Move to approve Consent Agenda Item #2; and further, award Roberts
Rise HOA with $400 for a kiosk under the grant rules and additionally award up to
$1,600 for construction of a barrier with an extension of 12 months and funding
eligible to be forwarded into FY 2021 budget; Moved by Commissioner Wilsen,
seconded by Commissioner Brinson; Motion carried 5-0.
3. Approval of Arden Park North Phase 6 Non-Substantial Amendment to the Planned
Unit Development/Land Use Plan (PUD/LUP). (Development Services Director
Rumer)
The Arden Park PUD (Planned Unit Development) was originally approved by the City Commission on
November 21, 2006, and amended on February 19, 2013. Arden Park North consists of the northern phases
(2-6)of the PUD.Arden Park North is identified as Parcel ID Number 04-22-28-0000-00-001 (9421 Clarcona-
Ocoee Road) located on the north side of Clarcona-Ocoee Road and situated between Hobson Road and
Ingram Road. Arden Park North is approximately 308 acres of which 54.44 acres are identified as
Wetlands/Lake Sims.
Phase 6 of Arden Park PUD contains 15 acres and was approved with two (2) separate uses in the original
PUD Land Use Plan. The primary use was for a future Elementary School Site if, Orange County Public
Schools(OCPS)agreed to purchase the property. An alternate residential layout was also provided for in the
original Land Use Plan. On October 11,2018, Lennar(Property Owner)received a letter from OCPS stating
it was their intent to not purchase the 15 acres in Phase 6 for a future School Site. OCPS still owns two (2)
properties within the Elementary School attendance zone of Arden Park to use in future capital programs.The
sites are located on Ingram Road and across from Ocoee High School in the Crown Point PUD. Staff
determined since the PUD Land Use Plan was only changing the designation of Phase 6 to an approved use of
residential,and no other changes were proposed a Non-substantial change to the PUD was required.
Commissioner Oliver indicated he believed there was an email or a call from a resident
concerning this item. City Attorney Cookson agreed and indicated emails were submitted by
Eric Romano, resident of Arden Park, and Mark McDonald with Lennar Homes. City Clerk
Sibbitt advised Eric Romano and Mark McDonald were on the phone wishing to speak.
(There were technical difficulties with the phone system, which prompted the Commission to move
to Agenda Item #5.)
City Clerk Sibbitt announced Eric Romano is on the phone and ready to address the
Commission.
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The following person(s) addressed the City Commission telephonically:
- Eric Romano, Resident of Arden Park
- Mark McDonald, Director of Land with Lennar Homes
City Attorney Cookson explained the Romanos' dispute with Lennar Homes concerns Phase 4
and currently in litigation,which is why it cannot be discussed at this time. He advised this agenda
item is regarding Phase 6 and has no relation to Phase 4.
Commissioner Oliver commented he believes there was miscommunication regarding Phase 4
within Lennar's sales team; and further, stated in order to hold Lennar accountable he will not
approve this item.
Commissioner Brinson stated he will not comment on the pending litigation, but is hopeful the
parties can come to a mutual agreement.
Commissioner Firstner commented that he believes Lennar Homes will be able to reach an
agreement with the Romano family; and further, he supports staff's recommendations with this
particular agenda item.
Commissioner Wilsen indicated she supports staffs recommendation on this item. She conveyed
it is very important that they protect the residents, and that they are treated fairly by developers
and anyone who receives services from the City. She hopes the parties can reach a mutual
solution.
Mayor Johnson stated as for him and the other commissioners, they do look out for their
residents; and further, asked City staff to write a letter to Lennar Homes indicating that the City
is troubled with what happened to the Romanos,and hopes that they all can find a remedy without
litigation.
Motion: Move to approve Consent Agenda Item #3; Moved by Commissioner
Wilsen, seconded by Commissioner Brinson; Motion carried 4-1 with
Commissioner Oliver opposing.
4. Approval to Extend RFP#13-001 Landscaping,Landscape Maintenance and Mowing
Services with BrightView Landscaping Services, Inc. (Deputy Development Services
Director/CRA Administrator Corless)
BrightView Landscaping Services, Inc., (BrightView) was awarded RFP #13-001 to provide landscaping
services on specific sites and right-of-ways throughout the City, including within the CRA. This agreement
was extended by the Commission for up to one year and is set to expire on April 29,2020.Due to the current
State of Emergency, bidding schedules have been modified. The RFP for the new landscaping services will
be advertised; however, since the new contract cannot be awarded prior to the expiration of BrightView
Landscaping Services current contract for these services, staff seeks to extend BrightView's agreement for a
period of up to four(4)months(April 30,2020 to August 31,2020)("Extension Period")in order to review,
award and enter into a new contract with the selected contractor. During the Extension Period, BrightView
has agreed to abide by the scope of services identified in RFP#13-001, inclusive of any and all amendments,
and to maintain the existing rates throughout the Extension Period.
Approved on Consent. Motion carried 5-0.
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5. Approval of the Lake Prima Vista Sediment Nutrient Inactivation Grant. (Public
Works Director Krug)
The City has been working with the Florida Department of Environmental Protection(FDEP)under a Nutrient
Reduction 4e program to determine why Lake Prima Vista has been experiencing elevated nutrient
concentrations. The Nutrient Reduction 4e approach allows the City to control and simplify the management
of the water quality repairs at a local level. As part of the analysis, the Commission approved utilizing
consultant Wood Environment&Infrastructure Solutions,Inc.(Wood)in January,2019,to develop a Nutrient
Reduction Plan(NRP). Wood has completed the task of developing the first phase of the comprehensive 5-
year NRP. The first phase has determined the existing lake sediments are the primary contributing source of
impairment. In order to inactivate sediment phosphorus,improve light transparency,reduce algal growth and
encourage desirable submersed aquatic plants, a chemical treatment of the lake is required. The total
anticipated cost for the required onetime treatment is$128,292.00. Public Works was proposing to incorporate
this work in the 2020/2021 Stormwater budget. Wood submitted the NRP to the St. Johns River Water
Management District(SJRWMD)for the Fiscal Year 2020-2021 Districtwide Cost-Share Program. The City
has been awarded the maximum 33%cost sharing funding at$42,336.00,which will be available October 1,
2020. Public Works is requesting Commission commitment at this time for the City's share of the funding for
this lake treatment at$85,956.00,which can be adequately funded in the 2020/2021 Stormwater budget. The
approval of the sediment treatment contract work will be brought back before the Commission in the next
fiscal year.
Commissioner Wilsen indicated she received an email from Mike Smarrito, President of Sleepy
Harbour HOA, who was concerned about this particular treatment; however, Public Works
Director Krug reached out to him to explain the treatment more in depth, which satisfied
Mr. Smarrito's questions. Mayor Johnson said he has a speaker form from Mr. Smarrito which
says, "Thank you for the work."
Motion: Move to approve Consent Agenda Item #5; Moved by Commissioner
Wilsen, seconded by Commissioner Oliver; Motion carried 5-0.
6. Approval of Resolution to Rename the Street"Hobson Road"to"North Clarke Road."
(Support Services Director Butler)
A 1,955-foot segment of North Clarke Road is currently under construction as part of the Arden Park
development. It will connect two other road segments: an existing North Clarke Road, extending south from
West McCormick Road, and the existing Hobson Road. Constructing this intermediate road segment will
provide a continuous path from Clarcona Ocoee Road to West McCormick Road. The intent of this Agenda
Item is to rename the affected portion of Hobson Road as North Clarke Road so that the latter name is
continuous. Hobson Road connects Trout Lake Road with Clarcona Ocoee Road. It provides access from
Clarcona Ocoee Road to the Oak Trail Reserve subdivision in the City of Ocoee and Trout Lake Camp
subdivision in unincorporated Orange County.A new road segment was constructed in 2018 to realign Hobson
Road to connect with Clarcona Ocoee Road at its intersection with North Clarke Road.The previous alignment
of Hobson Road and its connection with Clarcona Ocoee Road was closed. Trout Lake Road, a County-
maintained facility, will be extended west to intersect with the new segment of North Clarke Road and a
currently unnamed road within the proposed Arden Park Phase 5 plat.An earlier joint city/county project had
reconstructed the Clarcona Ocoee Road at North Clarke Road intersection to facilitate the extension of North
Clarke Road. The Ocoee Land Development Code states that "new streets, which are an extension of or in
alignment with existing streets, shall bear the same name as that borne by such existing streets." Renaming
Hobson Road to North Clarke Road will assign the same name to the road segments that will connect West
McCormick Road with Clarcona Ocoee Road. Staff has not provided notification of the proposal to the
affected property owners and residents since Hobson Road does not have address numbers assigned to it.The
renaming will alter the connecting street name for 18 addressed locations in Trout Lake Camp subdivision and
142 addressed locations in the Oak Trail Reserve subdivision.
Approved on Consent. Motion carried 5-0.
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PUBLIC HEARING - None
FIRST READING OF ORDINANCES—6:57 PM
7. First Reading of Ordinance for Fiscal Year 2020 Budget Amendment. (Second Reading
and Public Hearing scheduled for May 5, 2020, Regular City Commission Meeting at 6:15 pm or soon
thereafter.) (Finance Director Roberts)
The City Commission adopted an annual operating budget for the city on September 25,2019. Subsequent to
the adoption of the budget staff identified the need for additional appropriations in the General Fund, the
Sanitation Fund and the Wastewater Fund.The staff report outlines the budget funding appropriations.
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 May 5, 2020, at 6:15 PM or soon thereafter.
SECOND READING OF ORDINANCE—PUBLIC HEARING - 6:58 PM
8. 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. (Continued from the
March 17,2020,City Commission Meeting.Advertised in the West Orange Times on Thursday,March 5,2020
and Thursday,April 9& 16, 2020) (Development Services Director Rumer)
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. The first reading of ordinance was held on March 3,2020.
a) Second Reading of Annexation Ordinance
b) Second Reading of Rezoning Ordinance
Development Services Director Rumer presented an overview of the proposed annexation and
rezoning to PUD/LUP.
City Attorney Cookson read the titles of the ordinances.
The public hearing was opened. The following person(s) addressed the City Commission via
email and/or telephone:
- Mike Smarrito, President of Sleepy Harbour HOA (text)
The public hearing was closed.
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a) Second Reading of Annexation Ordinance
Motion: Move to adopt Ordinance No. 2020-012,West Orange Medical Center, 3442
& 3462 Old Winter Garden Road Annexation; Project No: AX-04-19-80; Moved by
Commissioner Wilsen, seconded by Commissioner Brinson; Motion carried
unanimously.
b) Second Reading of Rezoning Ordinance
Motion: Move to adopt Ordinance No. 2020-013,West Orange Medical Center, 3442
& 3462 Old Winter Garden Road Rezoning to Planned Unit Development/Land Use
Plan (PUD/LUP); Project No: RZ-19-04-03; Moved by Commissioner Wilsen,
seconded by Commissioner Brinson; Motion carried unanimously.
REGULAR AGENDA - None
STAFF ACTION ITEMS -None
COMMENTS FROM CITIZENS/PUBLIC
The following person(s) addressed the City Commission via email and/or telephonic:
- Esardai Budhu (email), 2175 Laurel Blossom Circle, sent email regarding a request for
waiver of fees associated with her request for a change to her residential house number.
City Attorney Cookson read the email into the record. Support Services Director Butler was
present to address City Commission questions regarding this request. After a brief discussion,the
Commission agreed to maintain the readdressing fee at $750 for Ms. Budhu.
COMMENTS FROM COMMISSIONERS - 7:18 PM
Commissioner Oliver—Commented on the following:
1)Indicated Orange County will be receiving approximately eight billion dollars from the federal
government due to COVID-19, and asked staff to research how the City can receive any of the
funds. City Manager Frank addressed his concern, and stated once the funds are received by
Orange County, the City will be contacting them.
2) Shared that on March 23rd he reached out to each school principal regarding any assistance
they may need during this time. Unfortunately, OCPS had not put in place a procedure for grab-
and-go meals for the kids. He decided to buy 100 pizzas to give out and feed students at Spring
Lake Elementary School and is asking to be reimbursed $500 for the pizzas. Discussion ensued.
Consensus of the Commission was to pay $500 credit card invoice from
Contingency Fund.
3)Announced that in honor of Autism Acceptance Month he has partnered with Dre's Haven and
will be serving the Healthcare Heros of Health Central Hospital this Thursday, April 23ra. Meals
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will be provided by Souper Plates. He further provided information on the Dre's Haven
Foundation.
Commissioner Brinson—Commented on the following:
1) Thanked City staff for the weekly updates. Encouraged citizens to continue to be cautious
during this time.
2) Shared a few emails that he received with regard to garbage/recycling. Public Works Director
Krug addressed the concerns.
Commissioner Wilsen—Commented on the following:
1) Reminded residents that the parks are closed, and asked that everyone abide by the rules.
2)Asked drivers to be mindful of walkers as many citizens are getting out and walking.
Commissioner Firstner—Commented on the following:
1)Thanked everyone for their patience; and further,thanked first responders,teachers, educators,
and administrators.
2) Thanked City staff for starting the Maguire Road beautification project on the medians.
Mayor Johnson—Commented on the following:
1) Asked Assistant City Manager Shadrix to speak about a partnership program for a food drive.
Assistant City Manager Shadrix spoke about two opportunities that the City can partner with
to provide relief to citizens in need at this time. Program 1: West Orange Health Care District
is in partnership with an institute to provide food boxes to very low income families.
Program 2: The City of Winter Garden started a paper product and cleaning supply program
giveaway to individuals and families whose homesteads are assessed at less than $50,000 that
cannot get out to shop, which will include many local seniors.
Motion: Move to approve $15,000 from Contingency Funds to participate in both
programs; Moved by Commissioner Wilsen, seconded by Commissioner Oliver;
Motion carried unanimously.
2) Asked the Police Department to check on the parks while out driving their zones.
ADJOURNMENT - 7:59 PM
APPROVED:
Attest: City of Ocoee
/74%,
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Melanie Sib itt, CI Clerk Rusty Joh i , Mayor
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