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HomeMy WebLinkAboutItem 01 Approval of the Minutes for the Special Session and Final Budget Public Hearing held September 23, 2020, and the Regular City Commission Meeting held October 6, 2020MINUTES REGULAR CITY COMMISSION MEETING OCTOBER 6, 2020 CALL TO ORDER - 6: i 6 PNI Mayor Johnson called the regular session to order at 6:16 PM in the Commission Chambers of City Hall. The Pledge of Allegiance to the Flag was led by Commissioner Firstner, followed by the invocation by Mayor Johnson. 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 Cleric Sibbitt PRESENTATIONS AND PROCLAMATIONS - 6:17 PM Proclamation — Blind Americans Equality Day proclaimed by Mayor Johnson, as recommended by MetroPlan Orlando. Financial Presentation - Zero Based Budgeting (ZBB) & Internal Auditing Mr. Jim Moyer provided a presentation explaining ZBB and Internal Auditing for a fast-growing City. Commissioner Oliver inquired about the difference between an internal and external audit, and which would be recommended to mitigate financial risks. Mr. Moyer addressed his questions. STAFF REPORTS AND AGENDA REVIEW - None COMMISSIONERS ANNOUNCEMENTS - 6:34 PiM Commissioner Brinson — None Commissioner Wilsen — None Commissioner Firstner — None Commissioner Oliver — None Mayor Johnson — Announced the following: 1) 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. 2) In remembrance of the 100 Year Anniversary of the 1920 Ocoee Election Day Massacre, the City of Ocoee HRDB will present a four -day Memorial and Educational Symposium on November Ist, 4th, 6th & 8th at the Ocoee Lakeshore Center. This event is open to the public. For more information please visit the City's website at www.Ocoee.org. Regular City Commission Meeting October 6, 2020 COMMENTS FROM CITIZENS/PUBLIC No telephone calls or entails were received CONSENT AGENDA - 6:36 1PM Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 - #11. Moved by Commissioner Wilsen, seconded by Commissioner Oliver: Motion carried 5-0. 1. Approval of the Minutes for the Regular City Commission Meeting held September 15, 2020. (City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 12. Anuroval of Anuointmentto the Ocoee Youth Council (OYC). (City Clerk Sibbitt) I Members of the Ocoee Youth Council (OYC) serve one-year terns. 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 eight (8) members: seven (7) Ocoee residents and one (1) non -Ocoee resident. An application has been received by Rain Bellamy, an Ocoee High School student residing in Ocoee, 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 Reappointments to the Parks & Recreation Advisory Board. (City Clerk Sibbitt) Members of the Parks & Recreation Advisory Board serve two-vear terms. The Ordinance provides that the Parks & Recreation Advisory Board shall consist of nine (9) members; and, whenever possible, appointments to the Board may include one member from each of the following organizations: Ocoee Little League, Ocoee Youth Soccer League (OYSL), Ocoee Bulldog Pop Warner Football, and West Orange Senior Citizens Association. Currently the board has five (5) members and no applications on file. The two-year terms of Jane Rainer and Qubeliah Graham end in October of 2020. Members Rainer and Graham have indicated they are willing to serve another two-year term, if reappointed. Approved on Consent. Motion carried 5-0. 4. Approval to Enter into a Contract with Forest, Environmental Solutions, LLC to Oversee, Manage, and Broker the Harvest and Sale of Select Timber on the Crown Point Property. (Development Services Director Rumer) In June of 2020, professional forester Joe Gocsik of Forest Environmental Solutions, LLC conducted a brief review of these lands at the staffs request and recommended 62 acres for then viability for harvesting. Start is bringing forward a contract as was done in 2012, to have the timber harvested, and due to the active hurricane season, requesting to bypass the City's purchasing procedures due to timing. The proposed contact provides that Forest Environmental Solutions, LLC will manage and supervise the identification, harvest, and sales of timber from these properties at the direction of the City Commission. The contract provides that Forest Environmental Solutions will be compensated 10% of the gross revenue generated by the timber harvest. Approved on Consent. Motion carried 5-0. 2 1 P a g e Regular City Commission Meeting October 6, 2020 5.Approval of the Lake Lilly Professional Center Subdivision Plat and Second Amendment to Declaration of Covenants,' Conditions and Restrictions of Lake Lilly Professional Center. (Development Services Director Romer) The nrnnnced Pint is n renlat of Went Rod Prnfeasional Park_ The site consists of 11.97 acres and is located on the south side of Old Winter Garden Road, east of Maguire Road, and abuts the Florida Turnpike. 'This Plat includes easements for public utility connections, a renamed Brushy Creek Court to S. Bluford Avenue, and easements for the stormwater management system. With the approval of the Lake Lilly Professional Center Subdivision Plat, the City Commission is also aftectively rescinding a Replat that was approved by the City Commission, but not recorded. The West End Professional Park Replat was approved by the City Commission on December 4, 2001, but was not recorded. Approved on Consent. Motion carried 5-0. 6. Approval of Federal Fiscal Year 2019 Edward Byrne Memorial Justice Assistance Grant Direct Program. (Police Chief Brown) The Florida Denartment of Law Enforcement (FDLE). Office of Criminal Justice Grants (OCJG) is urocessina applications for the State's Edward Byrne Memorial Justice Assistance Grant Direct (JAGD) Program. This program focuses on helping state and local agencies improve the crimmaljustice system. This year, $10,000.00 is available for the City of Ocoee Police Department through the Edward Byrne Memorial JAGD Program. The Police Department is applying for the grant funding to upgrade their training simulator, used to provide realistic training to officers through virtual interactive scenarios. Approved on Consent. Motion carried 5-0. 7. Approval of Florida's Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement. (Police Chief Brown) This year, $9,513.00 has been made available for the City of Ocoee Police Department through Florida's Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement Grant. The purpose of the grant is to reinforce safe pedestrian, bicyclist, and driver behaviors in priority counties in Florida. Orange County is considered a priority county due to the number of serious injuries and deaths of pedestrians and bicyclists. The Letter of Agreement and Contract must be signed by the Mayor. If approved, the City of Ocoee Police Department will receive $9,513.00 to conduct high visibility education and enforcement, on specific areas of West Colonial Drive and Silver Star Road, to reduce traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists. Approved on Consent. Motion carried 5-0. 8Ifor proval of Florida Department iof Emergency Management Contract Amendments Recovery of Funds Incurred During Hurricane Irma. ;(Public Works Director ug) The Finance and Public Works Teams have been working diliaently with the Federal Emcmencv Management Agency, which distributes disaster relief funds through the Florida Department of Emergency Management's (FDEM) Bureau of Recovery, to gain reimbursement of funds expended during Hurricane Irma recovery efforts. As part of the reimbursements submitted, the FDEM has requested certain contracts in place during the 2017 event be updated to include particular Federal contract language. The vendors for the three contracts requested to be updated by FDEM: 1) Central Florida Environmental, Corp., 2) Vista Landfill, LLC, and 3) Raynor -Shine Services, LLC, have agreed to the amendments. Public Works is requesting Commission approval of amendments. Approved on Consent. Motion carried 5-0. 3 1 P a g e Regular City Commission Meeting October 6, 2020 9. Approval of Monitoring and Support for Lake Prima Vista 4E Nutrient Reduction Plan with Wood Environment & Infrastructure Solutions, Inc., Year 2. (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 over a five (5) year period, As part of the analysis, the Commission approved utilizing consultant Wood Environment & hnfi-astructure Solutions, Inc. (Wood) in January, 2019, to develop a Nutrient Reduction Plan (NRP). Public Works is requesting Commission approval to utilize Wood through Orange County's Contract No. Y16-903B for Continuing Professional Lake Management Services to provide continued monitoring and support for the Lake Prima Vista 4e Nutrient Reduction Plan. Approved on Consent. Motion carried 5-0. 10. Approval of National Pollutant DischargeElimination System Monitoring Plan with Wood Environment &' Infrastructure Solutions, 'Inc., 2020/2021. (Public' Works Director Krug) 'Fhe City continues to proactively meet the annual stormwater monitoring and reporting requirements set forth in our National Pollutant Discharge Elimination System (NPDES) permit. The City has previously enlisted the services of Wood Environment & Infrastructure Solutions, Inc. (Wood) through Orange County's Contract No. Y16-903B for Continuing Professional Lake Management Services to provide the Florida Department of Environmental Protection (FDEP) permit monitoring requirements to identify potential high -loading areas that may benefit from future pollutant load reduction. This monitoring requires special collection equipment, laboratory testing along with analysis of data to be submitted to FDEP. The $49,616.00 negotiated for these services fall within industry standards and is adequately funded in the Stormwater Division. Approved on Consent. Motion carried 5-0. 11. Approval of Change Order No. 2'for the Kimball Area Water Main Upgrade Project Phase III. (Acting Utilities Director Croteau) In 2016, the Utilities Department planned and designed the upgrade of the water mains in the Kimball & Malcom Area, designated the Kimball Area Water Main Upgrade Project, with three separate phases for construction. This project was planned due to water service in this area being supplied through outdated water mains reaching the end of their service life. This Change Order is for Phase III, the final phase of the Kimball Area Water Main Upgrade Project. Phase III includes construction of new water mains which will allow for the abandonment of old water mains in the remaining portion of Phase II as well as all old water mains in Phase III. All work to be performed for Phase III is similar to work done for Phases I and II. CFT has worked on Phase I and Phase II with adequate results and has agreed to honor the original contract unit prices for Phase III for a total amount of $335,056.00. Approved on Consent. Motion carried 5-0. 7 Regular City Commission Meeting October 6, 2020 FIRST READING OF ORDINANCES — 6°37 PIVI 12. First Reading ;of Ordinance Amending the City of Ocoee Municipal General Employees' Retirement Trust Fund Reflecting Changes for Compliance with Setting Every; Community Up Retirement Enhancement (SECURE) Act. (Second Reading and Public Hearing scheduled for'October 20, 2020, Regular City; Commission Meeting at 6:15 pm or soon thereafte,). (Municipal Pension Board Chair Cowan) At their meeting held on August 5, 2020, the General Employees' Retirement Board reviewed and approved the proposed ordinance which deals primarily with the Setting Every Community Up Retirement Enhancement (SECURE) Act, signed into law on December 20, 2019 and amended the definition of "Required Beginning Date" under Section 401 (a)(9) for compliance with the Internal Revenue Code. Contained in Section 401(a)(9) of the Internal Revenue Code, the required Minimum Distribution rules limit the tax deferral of retirement benefits by requiring qualified plans pay benefits to the participants, and the participants begin to pay taxes on those benefits by a certain age. The SECURE Act amended Section 401 (a)((9) by raising the age at which benefits must commence to 72 or at the age the participant retires whichever is later. The change is effective to participants who reach the age of 70 % on or after January 1, 2020. None of these changes are anticipated to have any financial impact to the city. 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 October 20, 2020, at 6:15 PM or soon thereafter. 13. First Reading of Ordinance Amending the City of Ocoee Police Officers' and Firefighters' Retirement Trust Fund Reflecting Changes for Compliance with Setting Every ;Community Up Retirement Enhancement (SECURE) Act. (Second Reading and Public Hearing scheduled for'October 20, 2020, Regular City Commission Meeting at 6:15 pat at, soon thereafte,). (Police & Fire Pension Board Chair Brown) At their meeting held on August 5, 2020, the Police & Firefighters' Retirement Board reviewed and approved the proposed ordinance which deals primarily with the Setting Every Community Up Retirement Enhancement (SECURE) Act, signed into law on December 20, 2019 and amended the definition of "Required Beginning Date" under Section 401 (a)(9) for compliance with the Internal Revenue Code. Contained in Section 401(a)(9) of the Internal Revenue Code, the required Minirnum Distribution rules limit the tax deferral of retirement benefits by requiring qualified plans pay benefits to the participants, and the participants begin to pay taxes on those benefits by a certain age. The SECURE Act amended Section 401 (a)((9) by raising the age at which benefits must commence to 72 or at the age the participant retires whichever is later. The change is effective to participants who reach the age of 70 % on or after January 1, 2020. None of these changes are anticipated to have any financial impact to the city. 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 October 20, 2020, at 6:15 PM or soon thereafter. 5 1 P a g e Regular City Commission Meeting October 6, 2020 SECOND READING OF ORDINANCES — PUBLIC HEARINGS - 65 9 PP°I 14. Second Reading of Ordinance to Consider the Public -School Facilities Element Large Scale Comprehensive Plan Amendment; Project No: CPA-2020-002. (First Reading of Ordinance was read at the August 18, 2020, City Commission Meeting. Advertised in the West Orange Times on Thursday, September 24, 2020). (Development Services Director Rumer) The First Reading for the proposed Ordinance No.2020-019 was held on August 18, 2020. Since the CEA process has been removed, the City of Ocoee, under a new process for joint multi jurisdictional approval on projects that affect capacity of schools, will have the discretion to weigh school overcrowding and tithing of school capacity in its decision to approve or deny developer -initiated Comprehensive Plan amendments or rezoning that would increase residential density. If adopted, this proposed amendment to Object 1.3, Policy 1.3.1, will provide for continued cooperation between the City and OCPS to address the issues of school overcrowding while allowing for the development of additional housing for Orange County's growing residential population. Development Services Director Ramer presented an overview of the proposed text amendment to the Public -School Facilities Element Large Scale Comprehensive Plan Amendment. If adopted, this proposed amendment to Object 1.3, Policy 1.3.1, will provide for continued cooperation between the City and OCPS to address the issues of school overcrowding while allowing for the development of additional housing for Orange County's growing residential population. He indicated this amendment was transmitted to the Florida Department of Economic Opportunity for review, and the DEO had no questions and/or comments. The public hearing was opened. No speaker reservation forms, telephone calls, or entails were received, the public hearing was closed Commissioner Firstner inquired if the Planning & Zoning Commission would be reviewing the requests related to this amendment. Development Services Director Rumer stated they would not. City Attorney Cookson read the title of the ordinance. Motion: Move to adopt Ordinance No. 2020-019, Public -School Facilities Element Large Scale Comprehensive Plan Amendment; Protect No: CPA-2020-002; Moved by Commissioner Brinson, seconded by Commissioner Firstner; Motion carried unanimously. 15. Second Reading of Ordinance for Ocoee Village Center PUD, Substantial Amendment to the Planned Unit Development (PUD) Project No: RZ-19-10-11. (First Reading of', Ordinance was read at the July 21, 2020 City Commission Meeting. Advertised in they West Orange Times on '.. Thinsdcry, September 24, 2020). (Development Services Director Romer) The Ocoee Village Center PUD is located on the north side of Clarcona Ocoee Road and east of SR 429, South of Clarcona Ocoee Road and east of N. Lakewood Ave., and east of the intersection of Fullers Cross Road and N. Lakewood Avenue. The site is located within the SR_429 "Interchange Village Character Area". The project received approval for rezoning to PUD and PUD Land Use plan on June 18, 2019. The original plan included the development rights for a mixed -use community that will consist of 150,000 S.F. of Commercial, 196 Unit Townhomes and 316 Apartments units. The applicant is proposing a Substantial Amendment to the Ocoee Village Center PUD in order to increase the townhome development from 196 Unit Townhomes to 232 units and the portion of the apartment from 316 units to 320 units. 6 1 P a g e Regular City Commission Meeting October 6, 2020 Development Services Director Romer presented an overview of the proposed substantial amendment of Ocoee Village Center PUD. The original plan included the development rights for a mixed -use community that will consist of 150,000 SF of Commercial, 196 Unit Townhomes, and 316 Apartment units. The applicant is proposing a Substantial Amendment to the Ocoee Village Center PUD in order to increase the townhome development from 196 Unit Townhomes to 232 units, and the portion of the apartments from 316 units to 320 units. Richard Wohlfarth, Applicant, 1642 Bridgewater Dr., Lake Mary, provided an additional overview of the Ocoee Village Center project. City Attorney Cookson read the title of the ordinance. The public hearing was opened. No speaker reservation fornrs, telephone calls, or en7ails were received, the public hearing r as closed. Commissioner Brinson thanked Mr. Wohlfarth for providing his overview to the development, and shared he feels this project will be great for the community. He further inquired if the roundabout would be able to accommodate commercial vehicles including school buses. Development Services Director Rumer addressed his question. Commissioner Oliver commented that he -is glad to see this project will provide infrastructure that will accommodate the traffic going onto Clarcona Ocoee. He also shared his content with the financial revenue the City will gain. Mayor Johnson commented on the need for another school to accommodate the growth, and encouraged this issue to continue to be pushed through. Motion: Move to adopt Ordinance No. 2020-024, Ocoee Village Center PUD, Substantial Amendment to the Planned Unit Development (PUD); Project No: RZ- 19-10-11; Moved by Commissioner Brinson, seconded by Commissioner Oliver; Motion carried 5-0. PUBLIC HEARING - 7: ill PM] I 16. Preliminary/Final Large -Scale Site Plan for Ocoee Village Center "Allure at Ocoee Village Center." (Advertised in the West Orange Tnnes on Thursday, September 24, 2020).' (Development Services Director Romer) The Allure Apartments at Ocoee Village Center is located on the north side of Clarcona Ocoee Road and east of SR 429. The apartments are one (1) of the three (3) parcels that comprise the Ocoee Village Center PUD. The site is located within the SR 429 "Interchange Village Character Area". The Allure at Ocoee Village Center is a proposed 320-unit multi -family Apartment housing development on 15.63 acres. The development will consist of four (4) apartment buildings containing 80 units in 101,000 SF with four -stories. A 10,000 SF clubhouse will anchor a pool and other amenities. Four garage areas are provided for covered parking, and a dog park internal to the site is provided. The Apartments will have a 90% mixture of one- and two -bedroom units, and 10% of the units will be tluee (3) bedrooms. Large landscaped buffers are provided to SR 429 along with wet detention ponds that will be landscaped. 7 1 P a g e Regular City Commission Meeting October 6, 2020 Development Services Director Rumer presented an overview of the proposed Preliminary/Final Large Scale Site Plan for the Allure Apartments at Ocoee Village Center. The public hearing was opened No speaker reservation forms, telephone calls, or entails ivere received, the public hearing was closed. Motion: Move to approve the Preliminary/Final Large -Scale Site Plan for Ocoee Village Center "Allure at Ocoee Village Center"; Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion carried unanimously. 17. Preliminary/Final Large -Scale Site Plan for Ocoee Village Center "Southeast Commercial.".. (Advertised in. the West Orange Times on Thursday, September 24, 2020.) (Development Services Director Rumer) The Southeast Commercial at Ocoee Village Center is located on the south side of Clarcona Ocoee Road and east of N. Lakewood Avenue. The commercial property is one (1) of the three (3) parcels that comprise the Ocoee Village Center PUD. The site is located within the SR 429 "Interchange Village Character Area". The Southeast Commercial at Ocoee Village Center is more specifically located on Clarcona Ocoee Road's southern side. The applicant is proposing a three -unit commercial center on 4.71 acres. A proposed 4,650 SF 7-Eleven gas station and 14,000 SF strip retail building will be developed in Phase 1. In phase 2, the remaining pad is slated for a 4,000 SF quick -serve or fast -casual restaurant. Access to the site will be via a right in from Clarcona Ocoee Road, a right in on a new realigned N. Lakewood Avenue, and an extension of 2ND Avenue from the east to N. Lakewood Avenue. Utilities and offsite stormwater will be provided from the south Townhome Development. Development Services Director Romer presented an overview of the proposed Preliminary/Final Large Scale Site Plan for the Southeast Commercial at Ocoee Village Center. Mayor Johnson inquired about the extension of tad Avenue, which is currently within the County. Development Services Director Romer addressed his question. The public hearing Ivas opened No speaker reservation forms, telephone calls, or emails were received, the public hearing was closed. Commissioner Oliver inquired about the total amount of phases and the timeline for these different phases being developed; and further, if cellphone towers are being considered for this area. Mr. Wohlfarth addressed his question. Development Services Director Ramer shared information on a possible cellphone tower location in the Hackney Prairie Lake area, and explained the green space in the Ocoee Village Center project will provide ample space for a 5G tower at such time it is requested. Commissioner Brinson inquired about the 7-11 with restaurant, and if there was currently one built that they could see. Mr. Wohlfarth shared this is a new prototype and Ocoee would be seeing one of the first. Motion: Move to approve the Preliminary/Final Large -Scale Site Plan for Ocoee Village Center "Southeast Commercial"; Moved by Commissioner Brinson. sec_onded_by Commissioner Oliver; Motion carried unanimously. 8 1 P a g e Regular City Commission Meeting October 6, 2020 18. Preliminary/Final Large -Scale Subdivision Plan for 'Ocoee Village Center. "Townhomes." (Ach,ertised in the West Orange Times on Thursday, September 24, ; 2020) (Development Services Director Rumer) The Townhomes at Ocoee Village Center PUD is located south of Clarcona Ocoee Road and east of N. Lakewood Ave. The Townhomes are one (1) of the three (3) parcels that comprise the Ocoee Village Center PUD. The site is located within the SR 429 "Interchange Village Character Area". The Townhomes at Ocoee Village Center is a proposed two-phase 232 Lot Townhome Development (Park Square Homes) on 34.49 acres. The development will consist of two building sizes. One is a six (6) unit building with 31-foot-wide end units and 20-foot-wide interior units. The second is a four (4) unit building with 31-foot-wide end units and 20-foot-wide interior units. A private amenity center with a pool, cabana, and playground will be provided. The project will access two (2) enhances on a realigned N. Lakewood Avenue and provide an extension of Sa' Avenue though the subdivision to N. Lakewood Avenue. All roadways will be open to the public. Utilities will be extended to the site from the south. Development Services Director Romer presented an overview of the proposed Preliminary/Final Large Scale Subdivision Plan for the Townhomes at Ocoee Village Center. Commissioner Wilsen inquired about the park parcel, and if it will be maintained by the association. Development Services Director Romer advised it would be maintained by the City as it will be deeded to the City. The public hearing was opened. No speaker reservation forms, telephone calls, or emails were received, the public hearing was closed. Motion: Move to approve the Preliminary/Final Large -Scale Subdivision Plan for Ocoee Village Center "Townhomes." Moved by Commissioner Brinson, seconded by Commissioner Wilson; Motion carried unanimously. Mayor Johnson thanked the City's Economic Development Consultant, Angel de la Portilla, for his role in assisting with this project. 19. Capital Improvement Revenue Bonds, ,Series 2020, Not to Exceed $13.5 Million. (Advertised in the Orlando Sentinel on Sundav, September 27, 2020). (Finance Director Roberts) The City previously issued Capital Improvement Revenue Bonds Series 2017 in part to finance the design and construction of a new City Hall complex. Subsequently, due to increased costs of construction and revisions to the design criteria, the City has determined it is necessary to provide for an additional $13 million in construction funds to complete the City Hall project. To meet that need the City will need to issue approximately $13 million in Capital Improvement Revenue Bonds, Series 2020. The Series 2020 Bonds will be issued on a parity basis (equal lien) with the Series 2017 Bonds. The Series 2017 and the 2020 Bonds are rated AA+ from Fitch Ratings and AA from Standard and Poor's Rating Service, The Capital Improvement Revenue Bond Series 2020 Resolution authorizes the City Manager to award the sale of the bonds, based on the recommendation of the Financial Advisor based on certain parameters provided for in the Resolution. Finance Director Roberts presented an overview of the proposed Capital Improvement Revenue Bonds, Series 2020. The City previously issued Capital hnprovement Revenue Bonds Series 2017, in part, to finance the design and construction of a new City Hall complex. Subsequently, due to increased costs of construction and revisions to the design criteria, the City has determined it is necessary to provide for an additional $13 million in construction funds to complete the City Hall project. Regular City Commission Meeting October 6, 2020 City Attorney Cookson read the title of the resolution. The public hearing was opened. No speaker reservation forms, telephone calls, or emails were received, the public hearing was closed. Commissioner Wilsen thanked City staff for their outstanding financial ratings, maintaining a wonderful millage rate, and keeping the City in great standings. Mayor Johnson echoed sentiments expressed by Commissioner Wilsen. seconded by Commissioner Oliver; Motion carried unanimously. REGULAR AGENDA - 1:32 INVI 20. Approval of Contract for Purchase of 17.96 Acres of City -Owned Property Located at the Northeast Corner of Fuller's Cross and Ocoee Apopka Road by GPK Investments, Inc. (Assistant City Manager Shadrix) On August 4, 2020, the City Commission directed staff to proceed with preparation of a contract for the sale of 17.96 acres of City -owned properly located at the northeast corner of Fuller's Cross and Ocoee -Apopka Road (the "Agreement"). This direction followed a presentation by staff and the City Attorney of the results of the City's Request for Proposals solicited for this Property. GPK Investments proposed the highest sales price. In addition, the City Commission's prior direction came after a presentation by Charlie Vickers, a representative of GPK Investments, with respect to the intended development of the Property. Because the sale of the Property is for an amount greater than $100,000, the City's Charter requires that the City further authorize the sale after a public hearing. In the event the City Commission authorizes the execution of the Agreement, prior to the expiration of the 60-day Inspection Period, the Agreement would be brought back to the City Commission for final approval following the public hearing. Assistant City Manager Shadrix provided a summary on the purchase agreement for the 17.96 acres of City -owned property located on the Northeast Corner of Fullers Cross and Ocoee Apopka Road. Because the sale of the Property is for an amount greater than $100,000, the City's Charter requires that the City further authorize the sale after a public hearing. Motion: Move to accept the offer from GPK Investments, Inc., to purchase 17.96 acres of City -owned property located at the Northeast Corner of Fullers Cross and Ocoee Apopka Road; Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion carried unanimously. STAFF ACTION ITEMS - None COMMENTS FROM CITIZENS/PUBLIC - 708 I'It/1C The following persons addressed the City Commission by telephone or email: Diedre Krause, with McCraney Property Company, announced McCraney Property Company and Mareobay Construction have partnered with Farm Share to host a food drive 101Page Regular City Commission Meeting October 6, 2020 at the Distribution 429 Industrial Park located in Ocoee on October 24, 2020, from 9:00 AM to 12:00 PM. They will provide a semi -truck full of fresh food, enough to feed approximately 500 families. She invited the Commission to attend this giveaway, and encouraged the City to share the date and time to those in need. COMMENTS FROM COMMISSIONERS - 7:41 PM Commissioner Wilsen — Commented on the following: Drew attention to an item approved on the consent agenda, which is for a grant aimed to reinforce safe pedestrian, bicyclist, and driver behaviors in "priority counties". She pointed out that Orange County is considered a priority county due to the high number of serious injuries and deaths of pedestrians and bicyclists, with specific mention of the intersection at Silver Star and Clarke Road. She shared personal experiences of watching motorists fail to stop and allow pedestrians to cross. She asked that all citizens be more mindful and follow the law. Reiterating that motorists should always yield to pedestrians in a crosswalk. Commissioner Firstner — Commented on the following: Requested an update on the new City Hall. City Manager Frank provided a brief update, and reassured the Commission that the project is moving forward. Commissioner Oliver — Commented on the following: 1) Inquired about the completion of Clarke Road, and asked if an update could be added to the water bill. He further inquired about the possibility of holding an opening ceremony once completed. Discussion ensued and the consensus of the Commission was that signage would be installed near the intersection, and an announcement would be aired on Ocoee TV. 2) Shared that Governor Ron DeSantis recently signed State Bill 78 approving a portion of Silver Star Road to be designated as the July Perry Memorial Highway. He requested approval from the Commission to support the state decision. Discussion ensued and consensus was to create a Proclamation supporting the road designation. Mayor Johnson requested that the Proclamation be presented to the State and County Representatives. 3) Brought awareness to the heightened Mental Illness crisis we currently face due to the current Covid-19 Pandemic and Political unrest within our country. He then shared a personal event that required his family to seek police assistance. He graciously thanked the Ocoee police officers involved for their respect and professionalism, and encouraged Ocoee residents to find comfort in the fact that we have officers who are highly trained, citizen -oriented, and ready to respond should the need arise. Commissioner Brinson — Commented on the following: 1) Recently attended the Orange County Regional History Center's exhibit entitled, "Yesterday, This Was Home: The Ocoee Massacre of 1920 ", and encouraged others to attend. 2) Inquired about Fullers Cross Road Intersection Improvement Project. Public Works Director Krug provided a brief update, and reassured the Commission that the project is moving forward. 3) Announced early voting is October 19`11, and strongly encouraged citizens to vote. 4) Informed residents that several ongoing projects throughout the City will cause traffic delays, and urged motorists to allow themselves a few extra minutes in anticipation of these obstacles. 111Page Regular City Commission Meeting October 6, 2020 Mayor Johnson — Commented on the following: 1) Inquired about the City forming their own power company. City Manager Frank recommended seeking professional advice. Discussion ensued, and the consensus was to have Staff research. Commissioner Brinson asked about acquiring back the water lines that Orange County Utilities (OCU) currently services within Ocoee. City Manager Frank shared that Staff could reach out to the County to determine if they are willing to renegotiate the JPA Agreement for the Utility Service Area. 2) Read an inquiry he received about the City hosting the MLK Parade in January 2021. Human Relation Diversity Board (HRDB) Chair Maxwell shared that the HRDB is scheduled to meet on November 5, 2020, and will discuss the logistics involved in hosting a MLK Parade Event in January 2021. ADJOURNMENT -1) hFa/1 APPROVED: Attest: City of Ocoee Melanie Sibbitt, City Clerk Rusty Johnson, Mayor 121Page MINUTES SPECIAL SESSION COMMISSION MEETING SEPTEMBER 23, 2020 CALL TO ORDER Mayor Johnson called the special session to order at 5:00 PM in the Commission Chambers of City Hall; and further, asked City Attorney Cookson to provide instructions concerning this meeting. City Attorney Cookson explained the City has an interest in a litigation matter that will be discussed this evening. The litigation matter is: STATE OF FLORIDA PUBLIC EMPLOYEES RELATION COMMISSION, CASE NUMBER CA-2020-003, LOCAL NUMBER 3623, OCOEE PROFESSIONAL FIREFIGHTERS V. CITY OF OCOEE This case is pending litigation, and involves a claim against the City. As required by Florida Statutes, 286.011(8), City Attorney Cookson stated he previously notified the City Commission the desire to have advice concerning this litigation, and/or to discuss with the City Commission in a closed session, matters related to settlement negotiations. Florida Statutes provides limited exceptions to the Sunshine Laws for City Attorneys to meet in private with the City Commission to discuss pending litigation into which the City is a party. As required by Florida Law, reasonable notice of the closed session had been provided which identified the time and the date of the closed attorney -client session, and names of the persons who would be attending. The entire session will be recorded by a certified court reporter, and no portion of the session may be off the record. The court reporter's notes will be fully transcribed for this matter and filed with the City Clerk. At the conclusion of the litigation, the transcript of the meeting for this particular matter will become a public record. City Attorney Cookson explained it is not permissible to leave the meeting to consult with other persons regarding the subject matter of the meeting. Following the conclusion of the closed session, it will be necessary for the City Commission to meet in public in order to adjourn the meeting. The agenda has been structured so as to allow for public action by the City Commission should such action be necessary following the closed session. Those attending the closed session were Mayor Johnson, Commissioner Brinson, Commissioner Wilsen, Commissioner Firstner, Commissioner Oliver, City Attorney Scott Cookson, City Manager Rob Frank, Litigation Attorney Jeff Mandel and their court reporter. City Attorney Cookson shared it is estimated that the closed attorney session would last between 30-60 minutes. Following the conclusion of the attorney -client closed session, the special session meeting will be re -opened in order to announce the termination of the closed session, and to take such actions as the City Commission may deem appropriate. Special Session Commission Meeting September 23, 2020 The City Commission moved their closed session to the City Hall Conference Room at 5:02 PM. After the closed session, Mayor Johnson announced the following: I hereby re -open the Special Session of the City Commission, and announce that the closed attorney -client session has been terminated. The time is 6:10 PM. Unless there are any comments from the members of the City Commission, this Special Meeting of the City Commission is hereby concluded. ADJOURNMENT APPROVED: Attest: City of Ocoee Melanie Sibbitt, City Clerk Rusty Johnson, Mayor 2lPage Final Budget Hearing OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive, Ocoee, FL September 23, 2020 MINUTES 6:00 P.M. I. CALL TO ORDER A. Invocation and Pledge of Allegiance Due to technical issues, Mayor Johnson called the final budget hearing to order at 6:12 PM in the Commission Chambers of City Hall. The invocation was led by Mayor Johnson followed by the Pledge of Allegiance to the Flag. B. Roll Call and Determination of Quorum City Clerk Sibbitt called the roll and declared a quorum present. Present: Commissioner Brinson, Commissioner Wilsen, Mayor Johnson, Commissioner Firstner, Commissioner Oliver Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt, Finance Director Roberts II. i' PUBLIC HEARING A) Announcement by Mayor Johnson Mayor Johnson announced the following, "Due to COVID-19 City Ball is closed to the public and is subject to change based on the Governor's Executive Order. The public may attend through electronic media by watching live on Spectrum Channel 493 with a live stream at www.ocoee.org. Any interested party is invited to offer comments and/or questions during the hearing by emailing citizens@ocoee.org or calling 407-554-7118." B) Briefing by Director of Finance on the percentage increase in millage under the rolled -back rate necessary to fund the budget and the specific purpose for which ad valorem tax revenues are being increased. Finance Director Roberts announced that subsequent to the Tentative Budget Hearing, Finance performed a final review, and adjusted the budget for those corrections as well as requests from City management. These adjustments did not affect the tentative millage rate of 5.15. The Mayor and Commissioners were provided a schedule of these changes which, if approved, will be included in the final budget books. Those adjustments were: • $100,000 was added to General Fund Transfers In for administrative costs as a result of truing up the funds after final review • General Fund beginning cash revenue was reduced by $76,500 • $24,000 was added for the November 1920 Observance from surplus contingency funds 0 $2,000 additional funding was added to community grants Final Budget Hearing September 23, 2020 • $1,500 additional funding was budgeted for the Mayor and Commissioners for Travel and Miscellaneous expenses • $20,000 was added to the City Managers Training budget for Diversity Training • $9,000 additional funding was added to the Street Operations capital budget to fund traffic calming projects • $250,000 was added to the Utility Funds capital budget to fund potential land purchases • $82,000 was added to the Utility Funds professional services for an unanticipated service study The total budget for the City of Ocoee is $85,530,745 up by $355,500 from the tentative budget hearing as a result of the adjustments previously noted. The General Fund Budget is $52,930,550, an increase of $23,500 over the tentative budget hearing, and is balanced at 5.1500 mills as approved by the Commission at the tentative budget hearing. The difference between 5.1500 mills and the roll -back rate is .1392 mills, $441,631, or 2.78%. Ad Valorem taxes are used to finance City operations including providing quality city services, maintaining city infrastructure through capital projects, and funding salaries for city employees as required to provide services. The increase in ad valorem revenues over 2020 will be used to off -set anticipated reduction in other revenue sources resulting from the impacts of COVID-19. 1. Comments by Citizens Mayor Johnson opened the floor for public comments. No speaker reservation forms, telephone calls, or emails mere received; therefore, the public hearing was closed 2. Comments by Commissioners Mayor Johnson asked for clarification on the $24,000 for Community Promotions. Finance Director Roberts advised this was added for the November 1920 Observance event. Mayor Johnson further inquired about the proposed adjustments to the tentative budget for training, travel, and Utilities — Professional Services. Finance Director Roberts and City Manager Frank addressed his questions. Commissioner Firstner inquired if the $24,000 would cover the needs of the IIRDB. City Manager Frank advised there is $6,000 already budgeted in their line item, and the board had presented a proposed budget of $30,000. Commissioner Wilsen inquired about the Contingency Funds and Reserves. Finance Director Roberts and City Manager Frank addressed her questions. Mayor Johnson inquired about adding discretionary funding of $10,000 for each elected official assuming it will not raise the millage rate. City Manager Frank explained how adjusting the beginning cash balance from $76,000 to $26,000 would allow them additional funding without changing the millage rate. 2 1 P a g e Final Budget Hearing September 23, 2020 Commissioner Brinson asked for the definition of traffic calming. Public Works Director Krug addressed this question. Commissioner Oliver inquired if the $24,000 would be enough for the HRD13, and if they have enough time to coordinate an event since their event is to occur in less than 40 days. He further commented that he agrees with the discretionary funding as this will allow them to assist with organizations within the community. C) Amendments to the Proposed Tentative Budget Motion: Move to amend the tentative budget of the City of Ocoee as follows: addition of $10,000 for each Elected Official as discretionary funds to award at their discretion without needing City Commission approval; Moved by Commissioner Wilsen, Seconded by Commissioner Brinson. Motion passed 5-0. Motion: Move to amend the tentative budget of the City of Ocoee as follows: approval of Exhibit "1" with the adjustment of the Beginning Cash balance from Projects; Moved by Commissioner Oliver, Seconded by Commissioner Wilsen. Motion passed 5-0. D) Announcement by Director of Finance of the proposed final millage rate and the percent by which the proposed millage rate exceeds the rolled -back rate. This percentage is the proposed final percentage increase in property taxes. Finance Director Roberts announced that the proposed final millage rate is 5.1500 mills, and the percent by which the proposed millage rate exceeds the rolled -back rate is 2.78 %. This percentage is the proposed final percentage increase in property taxes. E) Adoption of Final Millage Rate City Attorney Cookson announced the name of the taxing authority is the City of Ocoee. The rolled -back millage rate is 5.0108 mills. The percentage by which the proposed millage rate exceeds the rolled -back rate is 2.78%. The millage rate proposed by the Ordinance is 5.1500 mills. City Attorney Cookson read the title of the ordinance 3 1 P a g e Final Budget Hearing September 23, 2020 The ordinance as adopted carries the following title: ORDINANCE NO. 2020-022 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING A FINAL MILLAGE RATE OF 5.1500 MILLS FOR AD VALOREM TAXES FOR THE CITY OF OCOEE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020, AND ENDING SEPTEMBER 30, 2021; PROVIDING FOR MILLAGE ADJUSTMENT; PROVIDING FOR COLLECTION OF TAXES; PROVIDING FOR 2.78% INCREASE IN MILLAGE RATE OVER THE ROLLED -BACK RATE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 1. Comments by Citizens Mayor Johnson opened the floor for public comments by citizens No speaker reservation forms, telephone calls, or emails mere received,' therefore, the public hearing etas closed 2. Comments by Commissioners on Final Millage Rate Commissioner Brinson shared he would like to comment on a proposed amendment that he did not see in the budget. He explained the proposal of a salary increase for Elected Officials of 3% begirming from the enactment of their salary in 1998 to the current year; and further, going forward when an increase is proposed for the general employees the City Commission can consider the same increase as well. Finance Director Roberts asked for clarification as her understanding was that he was seeking the 3% increase to begin when the Elected Officials took office. Discussion ensued regarding the stipend and salary of the Elected Officials. Commissioner Wilsen shared she is not in favor of going back to 1998, but will agree with an increase from this point forward to receive the same percentage as the general employees. Commissioner Firstner shared he supports the proposal made by Commissioner Brinson as it is a fair proposal. Mayor Johnson inquired if the increase could be done without affecting the millage rate. City Manager Frank explained their increase would not go into effect until after the next election as stated in the code; therefore, the $26,000 that was to go back into reserves could be used to cover that portion of their salary increase. Commissioner Oliver shared this is not about an increase in their salary, but about having a mechanism in place from this point forward as the City grows. City Manager Frank shared the City Commission can vote on the amount of funding needed for this increase this evening; however, the increase of their salary would still need to go before the City Commission for a first and second reading of ordinances. 4 1 P a g e Final Budget Hearing September 23, 2020 Recess was taken from 6: SO PM— 6: 57 PM approval to remove $7,637.77 from the Beginning Cash balance of ($26,000) for City Commission salary increases to be approved by an ordinance that will be presented after the 2021 Municipal Election; Moved by Commissioner Brinson, Seconded by Commissioner Oliver. Mayor Johnson opened the floor for public comments by citizens. No speaker reservation forms, telephone calls, or emails were received; therefore, the public hearing was closed. Motion passed 4-1 with Commissioner Wilsen opposing. Commissioner Wilsen asked for clarification on the travel and miscellaneous line items listed in Exhibit "1". A brief discussion ensued. Commissioner Wilsen further shared her discontent with the proposed increase of the City Commission's salaries. 3. Motion to Adopt Ordinance No. 2020-022, Setting Final Millage Rate - `L 01 PIA City Attorney Cookson announced the title to the ordinance did not change. The millage rate remains at 5.15 mills with an increase of 2.78% over the rolled -back rate. Motion: Move to adopt Ordinance No. 2020-022 setting a final millage rate of 5.15 mills for the fiscal year beginning October 1, 2020, and ending September 30, 2021; Moved by Commissioner Oliver, seconded by Commissioner Brinson. Motion carried 5-0. F) Adoption of Final Budget City Attorney Cookson read the title of the ordinance The ordinance as adopted carries the following title: ORDINANCE NO. 2020-023 AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020, AND ENDING SEPTEMBER 30, 2021; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 1. `-Comments by Citizens Mayor Johnson opened the floor for public comments by citizens. No speaker reservation forms, telephone calls, or emails were received; therefore, the public hearing was closed. 5 1 P a g e Final Budget Hearing September 23, 2020 2. Comments by Commissioners on Final Budget Commissioner Brinson commented that he appreciates the Finance Department team as this year has been tough. He hopes the future does not include the current health issues we are dealing with; but if it does, he is confident that the City has a great team to address those issues. Commissioner Wilsen echoed Commissioner Brinson's sentiments, and also thanked the City staff for a great job. Commissioner Firstner thanked the City Manager's Office and City staff for a wonderful job. The City is healthy and moving in the right direction. Commissioner Oliver echoed the sentiments of the Commissioners, and shared this is the lowest he has seen the millage rate since he has lived in the City which is great especially during this pandemic. Mayor Johnson expressed the same sentiments as the Commissioners, and commented that he feels the City staff is one of the best and represents the City well. 3. Motion to Adopt Ordinance No. 2020-023, Adopting Final Budget 7:09 Ph/1 Motion: Move to adopt Ordinance No. 2020-023, approving a final budget for the Fiscal Year beginning October 1, 2020, and ending September 30, 2021; Moved by Commissioner Oliver, Seconded by Commissioner Firstner. Motion passed 5-0. I1I. ADJOURNMENT The meeting was adjourned at 7:10 p.m. APPROVED: Attest: City of Ocoee Melanie Sibbitt, City Clerk Rusty Johnson, Mayor v EXHIBIT "1" City of Ocoee Final Budget Hearing 23- Sep-20 Proposed Adjustments to the Tentative Budget 001-516-00-4900 (39,000.00) Reserve for Contingency 001-38-1000 100,000.00 Transfer In 001-30-1000 (18,862.23) Beginning Cash 001-518-00-8200 24,000.00 Community Promotions 001-511-00-8206 2,000.00 Community Grants 001-511-00-4002 1,500.00 Travel and Misc. 001-511-00-4003 1,500.00 Travel and Misc. 001-511-00-4004 1,500.00 Travel and Misc. 001-511-00-4005 1,500.00 Travel and Misc. 001-511-00-4006 1,500.00 Travel and Misc. 001-511-00-5405 20,000.00 Training 001-511-40XX 50,000.00 District Special Projects 001-541-10-6302 9,000.00 Traffic Calming Utilities 250,000.00 Land Purchases Utilities 82,000.00 Professional Services