HomeMy WebLinkAbout09-15-2020 Minutes MINUTES
REGULAR CITY COMMISSION MEETING
SEPTEMBER 15, 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 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
Mayor Johnson announced the following, "Due to COVID-19 City Hall is closed to the public
which is subject to change based on the Governor's Executive Order. All interested parties are
invited to be heard during the public comments and public hearing portion of the meeting, and
the City requests the public to call or email comments and/or questions to 407-554-7118 or
citizens@ocoee.org. City staff will be standing by to ensure that comments or questions come
before the City Commission during the meeting."
PRESENTATIONS AND PROCLAMATIONS - 6:18 PM
Proclamations for September 2020 proclaimed by Mayor Johnson.
➢ National Assisted Living Week September 13 - 19
➢ Hispanic Heritage Month-September 15-October 15
➢ Diaper Awareness Week- September 21 -27
STAFF REPORTS AND AGENDA REVIEW - None
COMMISSIONERS ANNOUNCEMENTS - 6:19 PM
Commissioner Brinson-None
Commissioner Wilsen-None
Commissioner Firstner-None
Commissioner Oliver-None
Mayor Johnson-Announced the following:
1) The Final Budget Public Hearing is next week on Wednesday, September 23rd at 6:00 PM and
will be broadcast live on Spectrum Channel 493, and available by Livestream on the City's
website at Ocoee.org.All interested parties are invited to be heard during the public comments
and public hearing portion of that meeting.
Regular City Commission Meeting
September 15,2020
COMMENTS FROM CITIZENS/PUBLIC - 6:21 PM
- Jim Moyer, resident, emailed regarding Item #5 on the Consent Agenda and shared
complaints on Lennar Homes in the Arden Park subdivision. Mayor Johnson briefly
shared information regarding a meeting which occurred with City staff and Lennar Homes
representatives. It was advised that Lennar Homes would be sending someone out to meet
with the residents.
CONSENT AGENDA- 6:26 PM
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1 -#9 with Items #3  being
pulled for discussion and separate consideration.
Moved by Commissioner Firstner, seconded by Commissioner Brinson; Motion
carried 5-0.
1. Approval of the Minutes for the Regular City Commission Meeting held September 1,
2020 and the Tentative Budget Public Hearing held September 9, 2020. (City Clerk
Sibbitt)
Approved on Consent. Motion carried 5-0.
2. Approval of Appointment 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
for up to nine (9) members, which can consist of up to two (2) non-Ocoee residents who are enrolled in a
public or private school within the City of Ocoee in grades 9 through 12. Currently,the board has seven(7)
Ocoee Resident members.An application has been received by Ashton Phillips,an Ocoee High School student
residing in Winter Garden, who has 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 First Amendment to the Development Agreement for Prairie Lake
Subdivision. (Development Services Director Rumer)
The Prairie Lake Subdivision received PUD approval with a Development Agreement on June 2, 2020. The
Development Agreement provided for future improvements with the development of the townhome
subdivision. Upon completion of the Preliminary/Final Subdivision Plan and after the City Commission
approval, Meritage Homes requested a further review of the requirement for the extension of Ocoee Vista
Parkway beyond the entrance to a cul-de-sac and to change the requirement to an emergency exit only based
on engineering design and due diligence for purchasing the land from the City. The First Amendment to the
Development Agreement proposes to make that change to the development agreement.
Commissioner Oliver asked for clarification on the request for the emergency exit only, and
inquired if this request would hinder the installation of a sidewalk. Development Services
Director Rumer provided a brief overview on the request and addressed his concerns.
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Motion: Move to Approve Items #3 and #5. Moved by Commissioner Wilsen,
seconded by Commissioner Oliver; Motion carried 5-0.
4. Approval of Special Warranty Deed to the City of 10-Foot Right-of-Way at 701 Pine
Street. (Development Services Director Rumer)
On August 20, 2020, the property owner of 701 Pine Street requested a lot split to create three (3)new lots
from the original lot. The parcel is approximately six(6) acres in size and consists of three (3) single-family
homes constructed between 1942 and 1970.The request would allow each of the single-family homes to exist
on their own lot and still be well over the size requirements for its Single-Family Dwelling (R-1A) zoning
district. Per the City of Ocoee Land Development Code (LDC), new lots must have frontage on a standard
width road(50 feet)as a condition for the lot split. Since these lots would not meet this standard throughout,
the owner has decided to dedicate a ten-foot portion of property running along the parcel's west boundary as
right-of-way.The dedication would ensure that the new lots will meet the frontage requirements per the LDC.
Historically the City has maintained this portion of Pine Street.
Approved on Consent. Motion carried 5-0.
5. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and
Workmanship Agreement with Arden Park North Phase 4B. (Development Engineer
Keaton)
Arden Park North, Phase 4B, is made up of 122 detached single-family homes. The parcel is located on the
east side of Ingram Road just south of Brynmar Subdivision.The developer has completed construction of the
infrastructure improvements for the subdivision and has requested a Certificate of Completion. The
infrastructure improvements include the potable water, sanitary sewer, reclaimed water, utilities, the private
roadways, stormwater collection system, perimeter wall/fencing, and associated landscaping. All identified
punch list repairs have been completed, and the developer is ready to start the two-year warranty period for
the public improvements. As a requirement of the Land Development Code, the developer is required to
furnish the City a Surety to cover any possible damages discovered during the next two years. Should the
developer not choose to make those repairs, Lennar Homes, LLC, has provided the City with a Letter of
Credit in the amount of 10%of the constructed improvements.The Maintenance,Materials,and Workmanship
Agreement acts as the executable document between the developer and the City. The Surety will be returned
to the developer upon completion of the two-year warranty period and the repair of any damages caused over
those two years.
Commissioner Oliver shared that due to residents in his district being discontented with the
builder, and the lack of response provided by Lennar Homes, he is asking the City again to hold
off approving any further projects for the builder until they address the issues.
Development Services Director Rumer briefly informed the City Commission on the Builder
Compliant Log maintained by the City,and advised that the ordinance mandating this log requires
the builders to place a sign in all of their sale centers and real estate offices to inform potential
buyers that a builder's compliant log can be reviewed and accessed at City Hall.
Economic Development Consultant Angel de la Portilla briefed the City Commission on the
meeting which occurred with the Division President of Lennar Homes,who is the highest-ranking
executive of the company. He personally assured City staff that they would be sending a quality
control team to Arden Park to meet with the residents.
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Development Services Director Rumer briefly introduced the newly hired Development
Engineer, Martrivus Keaton, to the City Commission.
Mayor Johnson inquired if the City received hundreds of complaints as indicated by
Commissioner Oliver. Development Services Director Rumer shared the City currently has
roughly twelve official complaints that were received. Commissioner Oliver clarified the
complaints he received were verbal. Mayor Johnson requested to see the finalized list of
complaints.
Motion: Move to Approve Items #3 and #5. Moved by Commissioner Wilsen,
seconded by Commissioner Oliver; Motion carried 5-0.
6. Approval of Public Emergency Medical Transportation Letter of Agreement to Secure
Funding for Unreimbursed Ambulance Costs for Medicaid Patients. (Fire Chief
Miller)
The State of Florida Agency for Health Care Administration(AHCA)has established a Medicaid supplemental
program to remediate Medicaid payment insufficiencies. The Florida Medicaid Managed Care Supplemental
Payment Program (MCO) will allow qualifying government agencies that transport Medicaid managed-care
patients via ambulance to receive supplemental payment. In order to receive Federal share funding,
intergovernmental transfers from Public Emergency Medical Transportation (PEMT)providers are required
to cover the State's share of the MCO program prior to federal reimbursement. It is proposed that the City
enter into an Agreement with AHCA, with annual renewals, which will allow the Ocoee Fire Department
(OFD)to collect revenue to offset the expense of providing emergency medical transport to Medicaid patients.
The revenue from this program is expected to be received through the various Medicaid managed care
providers who have covered patients that have been transported to a hospital. OFD will need to establish
written agreements with each of the managed care providers.
Approved on Consent. Motion carried 5-0.
7. Approval to Donate State Forfeiture Monies to Law Enforcement Organizations.
(Police Chief Brown)
The Ocoee Police Depai tment historically donated State Forfeiture Funds to support programs or organizations
that partner with the Police Department in its crime prevention/public safety mission and wishes to continue
to do so. As the services these organizations provide to the Ocoee Police Department and the community
cannot be duplicated within the Department, the Police Department recommends granting monies from its
forfeiture fund. The Department recommends expending monies from its State Police Forfeiture Fund to law
enforcement related uses.
Approved on Consent. Motion carried 5-0.
8. Approval of Master Downtown Stormwater Park Permit Mitigation Credit Purchase
and Sale Agreement. (Public Works Director Krug)
The Engineering Design Services for the Commission approved Master Downtown Stormwater System
Project were awarded to GAI Consultants,Inc.,(GAI)under RFQ#1803.Part of the design requires modifying
the existing ditch to Starke Lake. The St.Johns River Water Management District(WMD)permitting process
recognizes the existing ditch as a historically natural flow way. The modifications as designed impact 0.33
acres which require mitigation. Due to the amount the ditch has been altered and channelized over the years,
the impacts to the ditch scored a low functional value of 9 out of 30, or 0.3. Mitigation required for the 0.33
acre impact is calculated at 0.33 acres x 0.3 functional value = 0.099 — 0.1 unit of Functional Loss. This
requires the City purchase 0.1 credit from a mitigation bank. The two banks that cover the area are the
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Blackwater Creek Mitigation Bank and the Wekiva River Mitigation Bank. The less expensive option of the
two banks is to purchase credits at the Blackwater Creek Mitigation Bank which are $90,000 each, so one
tenth will cost $9,000.00. Public Works is requesting Commission approve the Mitigation Credit Purchase
and Sale Agreement with Blackwater Creek Mitigation Bank to fulfill the mitigation requirements for the
Master Stormwater Park project's WMD permit.
Approved on Consent. Motion carried 5-0.
9. Approval of RFQ #1705 Engineering Design Services Downtown Streetscape with
CPH,Inc., Change Order Nos. 3 & 4. (Public Works Director Krug)
The Engineering Design Services for the Commission approved Downtown Streets were awarded to CPH,
Inc., under RFQ #1705. In coordinating the concurrent design projects for West Oakland Avenue, the
Downtown Master Stormwater Park, the new City Hall campus, Bill Breeze Park and East Oakland Avenue,
revisions were required to the designs while in progress. The revisions are divided into two(2)Change Orders
for the separate portions of Oakland Avenue in order to simplify the tracking of the additional work. Change
Order No. 3,West Oakland Ave., incorporates a baffle box design which eliminated the need for a temporary
pond site and any associated property acquisition. Change Order No. 4, East Oakland Ave., incorporates
revisions to allow the Lakewood and East Oakland portions to proceed to construction which will complete
the southern improvements to Bill Breeze Park and provide the stormwater treatment for the completed City
Hall campus improvements.Public Works negotiated the total fees for this work at$67,680.00.
Approved on Consent. Motion carried 5-0.
PUBLIC HEARING - 6:44 PM
10. Sale of Property Located at 112 South Bluford Avenue. (Advertised in the West Orange Times
on Thursday, September 3, 2020) (Assistant City Manager Shadrix)
In August 2016, the City acquired property at 100 and 112 S. Bluford Avenue consisting of two parcels
containing seven original lots forming a rectangle of 178 ft. along the east side of S. Bluford Avenue and 85
ft.along the south side of Magnolia St.;the total land area is approximately 15,000 SF.A 940 SF wood-framed
commercial storefront building constructed in 1925 sits on the southern end of the property. The City
purchased these two parcels for a total of$225,000 in 2016.In late 2018,the City received an unsolicited offer
from Forges Realty Group to purchase the property,and the City held off due to consideration of purchase of
adjacent properties. The adjacent parcels under consideration at that time are no longer available,and Forges
Realty Group recently reaffirmed their interest in purchasing the property at the appraised value of$195,000.
On August 18, 2020, the City Commission directed staff to bring back a contract for public hearing and
consideration. According to Section C-8 (2) of the City Charter, "When any proposal for the disposition of
real property owned by the city, either by sale or by lease for a term exceeding five (5)years, shall receive a
majority vote of the members of the City Commission and the fair market value of the real property concerned
exceeds one hundred thousand dollars($100,000.00),such action shall not be effective unless it has been acted
upon by the City Commission after a public hearing preceded by at least seven(7)days'notice of the hearing
and the proposed action by publication in the manner set forth above".
Development Services Director Rumer provided the background summary of the city-owned
property located at 112 South Bluford Avenue and the request for approval of the sale contract of
the property.
The public hearing was opened. As no telephone calls or emails were received, the public hearing
was closed
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Motion: Move to Accept the Offer from Forges Realty Group for City-Owned
Property Located at 112 South Bluford Avenue. Moved by Commissioner Wilsen,
second by Commissioner Firstner. Motion carried unanimously.
FIRST READING OF ORDINANCES - None
SECOND READING OF ORDINANCES—PUBLIC HEARINGS - 6:47 PM
11. Second Reading of Ordinance for Brown Property, 213 Bay Street, Annexation &
Rezoning; Project No(s): AX-04-19-80 & RZ-19-04-03. (Advertised in the West Orange
Times on Thursday, September 3, 2020 and Thursday, September 10, 2020.)
(Zoning Manager Gajadhar)
This property is approximately 0.30 acres and located to the Northwest of West Ohio Street, Southwest of
McKey Street, and directly West of Bay Street. The subject parcel has one (1) existing Single-Family
Residence. The Applicant is annexing into the City limits as a condition to receive city potable water
connection.The subject property is considered contiguous to the City of Ocoee since it is bordered by property
located within the City limits on the south,east, and west. The parcel will receive an"R-1A"(Single Family)
zoning upon annexation.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
Zoning Manager Gajadhar presented an overview of the proposed annexation and rezoning
ordinances for consideration. The Applicant is annexing into the City limits as a condition to
receive city potable water connection.
a) Second Reading of Annexation Ordinance
City Attorney Cookson read the title of the Ordinance.
The public hearing was opened. As no telephone calls or emails were received, the public
hearing was closed.
Motion: Move to adopt Ordinance No. 2020-020, Brown Property, 213 Bay Street,
Annexation; Project No.: AX-04-19-80; Moved by Commissioner Wilsen, seconded
by Commissioner Brinson; Motion carried 5-0.
b) Second Reading of Rezoning Ordinance
City Attorney Cookson read the title of the Ordinance.
The public hearing was opened. As no telephone calls or emails were received, the public
hearing was closed.
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Motion: Move to adopt Ordinance No. 2020-021, Brown Property, 213 Bay Street,
Rezoning; Project No.: RZ-19-04-03; Moved by Commissioner Wilsen, seconded
by Commissioner Brinson; Motion carried 5-0.
REGULAR AGENDA - None
STAFF ACTION ITEMS -None
COMMENTS FROM CITIZENS/PUBLIC - 6:53 NM
City Attorney Scott Cookson explained due to a pending public litigation brought on by a former
employee of the Fire Department a closed "in the shade" meeting with the Commission was
needed. Consensus of the Board was to hold a closed Special Session on
Wednesday, September 23, 2020, at 5:00 pm.
The following person(s) addressed the City Commission by telephone or email:
- Jacob Garber, Ocoee resident — addressed traffic and public safety concerns within
District 4. Mayor Johnson replied that County Commissioner Christine Moore recently
shared a traffic light at the intersection of Ocoee Road and Ingram Road had been
approved, and asked Staff to find out the date certain to commence the work. City
Manager Frank added at the September 9th Budget Hearing the City Commission
approved the installation of a sidewalk along the east side of Ingram Road from Clarcona-
Ocoee to McCormick Road. Development Services Director Rumer informed CLRM
has designated a 30-foot right-of-way along McCormick Road for a future connection to
the West Orange Trail. He also shared that CLRM will be paying 50% of the cost of a
traffic signal at McCormick and Apopka Vineland, which will be installed when Orange
County deems it necessary. Orange County will be providing the remaining 50%. He
then noted that the requested bike lanes and sidewalks in this area will be paved by Orange
County Trails when the trail connection is made. Mayor Johnson asked Public Works
Director Krug to provide a written letter to Mr. Garber responding to his concerns.
Commissioner Oliver added that he will be meeting with the Mayor of Orange County,
and will get a date certain for the installation of the light at the intersection of Ingram
Road and Clarcona-Ocoee Road. He then requested a start date on the approved sidewalks.
City Manager Frank shared any time after October 1st the work can begin, explaining
there is a process in getting things scheduled.
- Deidre Krause, a local citizen, indicated she is interested in hosting a Food Drive in
Ocoee. City Clerk Sibbitt reached out to her by phone, however, no one answered.
- Human Relations Diversity Board Chair Maxwell, introduced his collaborators:
Member Daily, Chair-Elect Anderson-Robinson, and members from High Point Church.
He presented the Commission with an outline of the scheduled events for the 100-year
Remembrance of the 1920 Massacre. He then accepted comments and questions from the
Commission. Commissioner Wilsen acknowledged the importance of this event for
Ocoee, and shared her concerns regarding the budget and with social distancing due to the
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current pandemic. Chair Maxwell noted the projected costs are based on the assumption
that they will have a large turnout. City Manager Frank shared the Commission did not
add funds to the 20/21 Fiscal Year Budget for this event. Chair-Elect Robinson-
Anderson shared they are looking at contingency plans, should the current Covid-19
concerns require them to go virtual. Commissioner Oliver inquired about October 31 st
Chair Maxwell shared that currently there are no plans on October 31 st
COMMENTS FROM COMMISSIONERS - 7:27 PM
Commissioner Firstner—Commented on the following:
1)Asked for assistance from the City Manager on contacting someone from the Skorman Property
located on the corner of Tomyn and Maguire Road. He advised the property has overgrown grass
and numerous complaints are being made. Code Enforcement is attempting to contact them.
Commissioner Wilsen—Commented on the following:
1) Shared the City Commission had previously approved Sleepy Harbor for the neighborhood
grant; however, she is requesting consensus for an extension as there was assumption that the
City would assist with the plans which was not part of the process. The extension request is until
the end of November. Consensus of the City Commission was to allow the Sleepy
Harbor Subdivision a grant completion extension until the end of November. City
Manager Frank commented that since this would fall in a new fiscal year, he requests the City
Commission at next week's budget hearing to move $2000 from this fiscal year to add to the line
item for that fiscal year.
2) Commented that she realizes the installation of restrooms is proposed in a future phase for the
park by the lake, but was wondering if it could be proposed sooner as they have a lot of residents
engaging in recreational activities. City Manager Frank addressed her concern.
Commissioner Oliver—Commented on the following:
1) Commented on the HRDB program stating that he hopes the event will include decisions and
input from the descendants. HRDB Chair Maxwell addressed his concern.
2) Announced Hurricane Season awareness, encouraged the use of a hurricane preparedness
guides, and shared they contain a wealth of information in the event of a disaster.
3) Announced that the OCPS Board is working closely with the CDC to stay up to date with the
most current information, and encouraged citizens to do the same as staying informed is
instrumental in protecting our children. CDC guidelines can be found on the OCPS website.
4) Shared the importance of voting, and advised if you take the time to register please make your
vote count.
Commissioner Brinson—Commented on the following:
1) Commented there are sidewalks at the entrance of Silver Glen subdivision that need to be
repaired as was shared with him by an HOA member. He addressed these issues with Public
Works and there are plans to get this corrected.
2) Commented that driver safety is also needed for the intersection at Ingram Road, and not just
traffic studies. Mechanisms need to be placed to reduce traffic accidents which may require a
conversation with Orange County.
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3) Announced the Final Budget Public Hearing is next week on Wednesday, September 23rd at
6:00 PM, and this is the final opportunity to comment on the budget
4) Shared concerns he has with the HRDB program which was provided during the meeting.
Mayor Johnson—Commented on the following:
1) Shared his support for the Human Relations Diversity Board, and thanked them for their hard
work and dedication to the Remembrance event planned for the 1920 Massacre.
2) Thanked the Police Department for an outstanding job this year with school traffic, and for
installing the flashing lights.
3) Inquired about the power issue residents off Bluford Ave. had with Duke yesterday as power
was out for 8 1/2 hours. City Manager Frank indicated he would have staff inquire about his
concerns.
4) Expressed a need for speed bumps along Rewis Street and sidewalks along Palm Drive.
ADJOURNMENT - 7:5-1 PM
APPROVED:
Attest: City of Ocoee
_ive(//7f--
elanie Sibbitt, City Clerk Rusty Johns it or
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