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HomeMy WebLinkAboutItem #01 Approval of Minutes for the Regular Commission Meeting held December 15, 2015 MINUTES December 15,2015;201$at 7:15 P.M. REGULAR CITY COMMISSION MEETING PRE MEETING PRESENTATIONS ♦6:45 PM Ocoee Bulldogs Presentation Mayor Johnson introduced the Ocoee Bulldogs Cheerleaders as well as the Ocoee Bulldogs Pop Warner Football Players and coaches who recently won the National Championships. Christmas Parade Trophies Presentation—Ocoee Lions Club Before awarding parade trophies, Ocoee Lions Club Member Cathy Sills presented a $300 check to the Ocoee Police Department to go toward their Kids In Need Program. Monetary donations as well as toys were collected during the parade. Youth 1st Place—Young Blacks in Action 2"dPlace— Central Florida Youth Football League (CFYFL) Ocoee Cardinals Cheer and Football 3rdPlace— Ocoee Bulldogs Honorable Mention — Cub Scout Pack 217 Non-Commercial 1st Place—American Legion Post 109 2"dPlace — Mrs. Orange County International 2015 3rdPlace — Bahia Shrine Commercial 1St Place— Martial Arts World of MetroWest 2"dPlace— Ready, Set, Dance! 3rdPlace—West Orange Chamber of Commerce Ambassadors Honorable Mention — Metro-State Special Services Honorable Mention — H&R Block Church 1st Place — Knights of Columbus 2"dPlace — First Baptist Church of Ocoee 3rdPlace — Liberty Lighthouse Church Honorable Mention — Starke Lake Baptist Church REGULAR CITY COMMISSION MEETING A. CALL TO ORDER ♦7:15 PM Mayor Johnson called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of Allegiance to the Flag, led by Boy Scout Pack 217. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner Keller. Regular City Commission December 15,2015 B.PRESENTATIONS AND PROCLAMATIONS Presentation by Jack Vinson—Tennis Player of the Year Jason Joseph—Cancelled Life Saving Award to Officer Fabiola Parke by Police Chief Brown Police Chief Brown gave a brief summary of the heroic event by Officer Fabiola Parke that helped save the life of a citizen who was in crisis. Officer Fabiola Parke is unable to attend the commission meeting but was publicly recognized for her heroic efforts. She will also receive department commendation as well as a ribbon which she can wear for 30 days on her uniform. Presentation by Support Services Department Regarding the City's Website, use of Social Media and Sunshine Law Communication Restrictions Support Services Director Butler gave a PowerPoint presentation explaining the City's website, website maintenance, broken links, and archiving. Social media benefits were also covered as well as the retaining of social media postings and Florida Sunshine Laws requirements. Before public presentation and public comments, Mayor Johnson briefly read the civility code and advised the time limits allowed for presentations and public comments. He further advised that from now forward they will try to comply with these time constraints unless there is an issue that requires more time. Ocoee World Fest Presentation William Maxwell, Chairman of the Ocoee World Fest Sub-Committee said he is before the Commission seeking permission to proceed with an event that has been in the making for several years. He briefly gave a PowerPoint presentation introducing the event team of the Ocoee World Fest Sub-Committee. Included in his presentation were the site layout, event budget, revenue plan, and timeline efforts for their website and sponsorship. Mr. Maxwell inquired if this event is something that the City really needs or wants and if it is not would the Commission consider allowing their sub-committee to continue to plan for consideration of an event in a future year. He further addressed several questions from the Commission regarding the budget and sponsorships. Support Services Director Butler briefed the board regarding the commitment of the city as the legal entity and the receipt of donations which would be payable to the City. After a brief discussion, consensus of the Commission was to move forward with the Ocoee World Fest event by having Mr. Maxwell meet with City staff and the City Attorney to finalize any issues so they may bring this item back to discuss at a later meeting. ♦8:30 PM 15 MIN. RECESS —Arrival of Operation Santa C.COMMENTS FROM CITIZENS/PUBLIC ♦8:45 PM Gary Hood, 2028 Hedgerow Circle, addressed the Commission regarding the condition of several scoreboards out on the fields which need to be replaced. He provided a handout with price quotes for various scoreboards and asked the Commission to please consider replacing or splitting the cost for replacement of those scoreboards since they are located in City park/ball fields. 2IPage Regular City Commission December 15,2015 Consensus of the Commission was that this should be covered by the City since the scoreboards are located in City parks. Discussion ensued regarding where the funds would be allocated from to cover the cost of the scoreboards since this not a capital item during the last budget process. Commissioner Keller, seconded by Commissioner Grogan, moved to grant the Ocoee Little League up to $18,000 out of Contingency for the scoreboards with the caveat that as much as possible would be returned to Contingency at the mid- year budget review. Motion carried 4-0. D.STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced there is an Emergency Item on the dais for them to consider: Emergency Item - Contract Extension with Genuine Parts Company, doing business as NAPA and Assigned to Glenn Joiner & Sons, Inc., Providing On-Site Management of the Fleet Parts Supply Public Works Director Krug briefly explained that the original NJPA contract was to expire on February 24, 2016; however, NJPA re-bid and awarded a new contract in July 2015, superseding and voiding the original contract. NJPA has awarded a new contract to Genuine Parts Company (NAPA) which offers the same benefits to the City as the original contract. Public Works was in the process of obtaining a new agreement with NAPA under the new NJPA contract when we were notified the original contract was voided. While contract documents are obtained to be presented to the Commission at a meeting in the near future, Public Works is requesting Commission approval to continue using the existing contract pricing with Glenn Joiner & Sons, Inc. for parts until the new contract can be brought before the Commission for execution. There is no anticipation in costs or material changes to the contract at this point. Commissioner Wilsen, seconded by Commissioner Keller, moved to grant a Contract Extension with Genuine Parts Company, doing business as NAPA and Assigned to Glenn Joiner & Sons, Inc., Providing On-Site Management of the Fleet Parts Supply. Motion carried 4-0. E. COMMISSIONERS ANNOUNCEMENTS ♦8:45 PM Commissioner Grogan-None Commissioner Wilsen- 1) thanked Ocoee Lions Club for the Christmas Parade. It was a wonderful event. 2) Announced this Saturday and Sunday the Ocoee Lions Club and Ocoee Rotary Club will be volunteering to ring the bell for the Salvation Army. 3) Announced the Annual Spring Fling Event is coming up March 12th and she is asking the Commission if they can grant the use of the Ocoee Lakeshore Center for the Saving Young Hearts group which will be providing heart screenings during the event. It was clarified that they would possibly need it Friday night for set-up and Saturday all day for the heart screenings. Commissioner Grogan, seconded by Commissioner Keller, moved to approve the use of the Ocoee Lakeshore Center by Saving Young Hearts for the evening of March 11th (if available) and all day March 12th, for their heart screenings during the Spring Fling Event. Motion carried 4-0. 3 (Page Regular City Commission December 15,2015 Mayor Johnson-None Commissioner Keller-None F. CONSENT AGENDA •8:5L1 PM Consent Agenda Motion Motion: Commissioner Keller, seconded by Commissioner Wilsen moved to adopt the Consent Agenda as presented by staff. Motion carried 4-0. 1. Approval of Minutes for the Regular Commission Meeting held December 1, 2015. (City Clerk Eikenberry) Approved on Consent. Motion carried 4-0 2. Reappointment to the Citizen Advisory Council for Ocoee Police Department (three- year term). (City Clerk Eikenberry) Members of the Citizen Advisory Council for Ocoee Police Department serve three-year terms. The Resolution creating the Board allows no more than fifteen (15) members. Currently the board has eleven (11) members and no applications on file. The terms of Members Victoria Laney and Timothy Alcuri will expire on January 1, 2016. Member Victoria Laney has indicated she is willing to serve another three-year term, if reappointed. Member Timothy Alcuri has declined reappointment. Approved on Consent. Motion carried 4-0 3. Approval of Utility Easement with SprintCo, Inc.,for the Maintenance and Installation of Underground Facilities on a City Parcel located at 843 Marshall Farms Road. (City Engineer Wheeler) Back in December of 1993,the then property owners of the parcel of land located at 843 Marshall Farms Road granted a Perpetual Easement for Egress and Ingress to then owners of the parcel located at 835 Marshall Farms Road. The easement was a 12 foot wide easement located along the northern boundary of the parcel at 843 Marshall Farms Road. The parcel at 843 Marshall Farms Road is now owned by the City and is to be used for a retention pond for the construction of the widening of Maguire Road from Mercantile Court to Geneva/Story Road. The parcel at 835 Marshall Farms Road is owned by Dobson Holding LLC, and the parcel has been further subdivided to allow for a SprintCom cell tower. Both Dobson and SprintCom have been using the easement to access their property. Approximately three years ago, the City received a permit application to modify the cell tower and to replace from underground facilities from the cell tower to Marshall Farms Road. Staff reviewed the permit application and numerous other documents to determine that no utility easement existed over the parcel at 843 Marshall Farms Road. SprintCom had assumed that the utility easement granted by the previous owners of the lot at 835 Marshall Farms Road also provided for a utility easement over the parcel now owned by the City. After a few years of research and discussions by City staff and SprintCom, it was determined that a utility easement did not exist. However, there are underground conduits already existing in the Perpetual Easement for Egress and Ingress. By providing a Utility Easement to SprintCom, Inc.this will clean up an issue that has probably existed since SprintCom first built the cell tower on the 835 Marshall Farms Road property in 2002. Approved on Consent. Motion carried 4-0 41Page Regular City Commission December 15,2015 4. Approval of the Second Amendment to the Development Agreement Ocoee Pines Planned Unit Development(PUD). (City Planner Rumer) On October 6, 2015, the Preliminary/Final Subdivision Plan for Ocoee Pines PUD was approved by the City Commissioners as presented. Accordingly, the Development Agreement is required to be amended in order to be consistent with the Approved Preliminary/Final Subdivision Plan. As a result,the Second Amendment to the Development Agreement incorporates the final agreed upon Conditions of Approval for the Ocoee Pines PUD. Approved on Consent. Motion carried 4-0 5. Approval..of the First Amendment to the Development Agreement Westyn Bay Commercial Planned Unit Development(PUD). (City Planner Rumer) On October 7, 2014, the City Commission reviewed and approved the Westyn Bay Commercial PUD and corresponding Land Use Plan for subject property. On September 15, 2015, the Preliminary/Final Subdivision Plan for Westyn Bay Commercial PUD was approved by the City Commission, as presented. Accordingly,the Development Agreement is required to be amended in order to be consistent with the Approved Preliminary/Final Subdivision Plan. As a result, the First Amendment to the Development Agreement incorporates the final agreed upon off-site improvements(Section 5)for the Westyn Bay Commercial PUD. Approved on Consent. Motion carried 4-0 6. Approval of Cost-Share Grant from St. Johns River Water Management District for Replacement of 500 Meters with Upgrade to AMI and Aquallawk Alerting. (Utilities Director Smith) The Utilities Department began to utilize the Sensus FlexNet®communication system in 2010 after Commission approved its use, the first tower was installed, and the system was implemented. Water meters that are connected to the Advanced Metering Infrastructure(AMI)which FlexNet®provides can be read at the touch of a button. The AMI also enables the City to access nearly real-time usage data from the meters connected to it. As of the commencement of this Staff Report, approximately 6,500 of the 14,000 water meters in Ocoee are connected to the AMI. Currently, the City has three (3)types of meters in the ground. The original touch read meters, which must be read manually, one at a time. Radio read meters require a field technician to drive by them with a handheld computer which receives the data. Finally, "smart" meters, those connected to the FlexNet® AMI, are continually read. The Utilities Department's goal is to connect all water meters to the FlexNet®AMI. For many meters,this requires replacement.Each year as the Department launches its regular meter replacement schedule, those meters are replaced with Sensus iPerl®meters, which have the capability to be connected to the FlexNet® AMI.This infrastructure also facilitates customers to utilize the AquaHawk customer portal. The City of Ocoee has been awarded a matching Cost-Share Agreement from St. Johns River Water Management District (SJRWMD), with funding support from the Florida Department of Environmental Protection (FDEP), with a grant in the not-to-exceed amount of$55,735.00, for the replacement of 500 meters with upgrade to AMI with AquaHawk Alerting capability. The neighborhoods designated for these meters include Coventry,Hidden Glen,Lakewood Manor,Richfield,and Silver Bend. Approved on Consent. Motion carried 4-0 7. Approval of Settlement Agreement for Past Due Development Review Fees, (City Attorney Cookson) In conjunction with the City's review of project SS-2008-005 for Shoppes at the Village, owner, Gustavo M. Romer, President, Romerca International, Inc. (Romerca), incurred development review fees in the amount of $4,693.65. The fees remain outstanding and,as part of the City's collection efforts, on September 29,2015,the City Attorney's office sent a letter to Romerca requesting payment. Romerca responded to the City Attorney's letter by requesting he pay fees on a monthly basis until paid in full. Romerca and the City Attorney's office ultimately agreed to present a settlement agreement to the City Commission to allow Romerca to pay $200.00 per month for 23 months and$93.65 as the final payment in month 24. If approved,the first payment is due on January 2,2016. Approved on Consent. Motion carried 4-0 5IPage Regular City Commission December 15,2015 G. PUBLIC HEARING •8:51 PM 8. Capital Improvements Element—Amendment Addition of the Fiscal Years 2015/2016 2019/2020 Capital Improvements Program. (Advertised in the Orlando Sentinel On Sunday, December 3,2015). (City Planner Rumer) The Capital Improvement Element(CIE)of the City of Ocoee Comprehensive Plan is a requirement of Chapter 163,Florida Statutes(FS)and enables implementation of the Plan goals,objectives,and policies needing capital funding for a 5-20 year planning horizon. Each year,the table section of the CIE will be updated to ensure that the adopted list of capital projects in the CIE matches the City's newly adopted fiscal year budget and approved five-year Capital Improvements Program (CIP). The CIE does not propose any new projects not previously reviewed and approved by the Commission. The Florida Legislature enacted legislation allowing adoption of the annual amendment to the CIE to be accomplished with a single public adoption hearing.Additionally, State Statute no longer requires a copy of the Ordinance to be transmitted to the Florida Department of Economic Opportunity (FKA: Department of Community Affairs"DCA"). Therefore,adoption of this Ordinance is final in its form and content. City Planner Rumer briefly explained the 5-year Capital Improvement Program was adopted with the City budget and by statute they have one reading of the ordinance for adoption which places the Capital Improvement Plan into the Capital Improvement Element of the City of Ocoee Comprehensive Plan. City Attorney Cookson read the title of the Ordinance. Mayor Johnson opened the public hearing. As no one wished to speak the public hearing was closed. Commissioner Wilsen, seconded by Commissioner Keller, moved to adopt Ordinance 2015-027, Capital Improvements Element— Amendment Addition of the Fiscal Years 2015/2016 — 2019/2020 Capital Improvements Program. Motion carried 4-0 H. REGULAR AGENDA ♦8:52 PM 9. Discussion and Appointment of District 3 Commissioner. (City Attorney Cookson) City Attorney Cookson briefed the Commission on the process of appointing a new individual to serve as the District 3 Commissioner. The appointed Commissioner would serve from the swearing in at the next City Commission Meeting on January 5, 2016, until the General Election in March. Mayor Johnson named Angel de la Portilla as his recommendation. Felt it would be best to not appoint any of the current candidates that have qualified to run for the District 3 seat in this upcoming election. Commissioner Wilsen said that she has been approached by the two candidates qualified to run, Richard Firstner and Ronney Oliveira, as well as by Angel de la Portilla and Greg Batten residents from District 3. She agreed that they should consider a person who is not running for that District seat. She gave a brief summary of both residents. Commissioner Grogan supported the idea of Angel de la Portilla who is also a member of the Planning and Zoning Board. 6IPage Regular City Commission December 15,2015 Commissioner Keller said he has also been approached by both candidates running and by Angel de la Portilla. He reiterated it would be best to not appoint any of the current candidates running for this seat and supports the idea of Angel de la Portilla. Public Comments Richard Firstner introduced himself and said he agrees with the Commission's decision because this will allow the candidates an equal opportunity to campaign and be elected on March 15tH Michelle Greco, 1896 Compass Flower Way, shared her support for appointing Angel de la Portilla as District 3 Commissioner. Angel de la Portilla introduced himself and shared that he will not be running in the upcoming election due to business and family commitments; however, he would be happy to serve on an interim basis until the March election and swearing in of the new District 3 Commissioner. He has served on the Planning and Zoning Commission since 2010 and has resided in the City of Ocoee for 10 years. City Attorney Cookson advised Mr. de la Portilla that he would have to resign from the Planning & Zoning Commission to serve on the City Commission. Mayor Johnson informed Mr. de la Portilla that they would hold his seat on P&Z so he could be reappointed after the March election. City Attorney Cookson confirmed with Mr. de la Portilla that his current consulting business does not represent any developers currently developing in the City. Mr. de la Portilla answered in the affirmative stating that none of his clients have real estate holdings or projects in the City of Ocoee so there are no conflicts. ♦9:1O PM MOTION Commissioner Keller, seconded by Commissioner Grogan, moved to appoint Angel de la Portilla to serve as interim District 3 Commissioner until the March 15th General Election. Motion carried 4-0. I. STAFF ACTION ITEMS - none J. COMMENTS FROM COMMISSIONERS •9:11 PM Commissioner Keller— Congratulated Angel de la Portilla on his Commission seat appointment to District 3. Commissioner Wilsen—Happy Holiday and Happy New Year! Commissioner Grogan — Congratulated Angel de la Portilla on his Commission seat appointment to District 3. Mayor Johnson - 1) inquired about getting a school crossing guard at Lady Ave. and Wurst Road. Chief Brown said he would look into it 2) clean up at Vignetti Park, light? 3) said he saw that the chain link fence was being put up at the Ocoee Middle School right along the sidewalk. He contacted Christine Moore and they have agreed to put a decorative fence and they will move it back so it is not right on the sidewalk. 4) discussed that the Mayor position is only one vote just like the rest of the commission and he looks forward to them working together as a team. 5) 7IPage Regular City Commission December 15,2015 said he got an e-mail from a resident about no judging of the Christmas Lights. Commissioner Wilsen explained that the board made that determination because they were getting no new applicants this year from one's that had won many times in the past. Commissioner Wilsen wished everyone a Happy Holiday and Happy New Year. ADJOURNMENT— ♦9:23 PM APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk Rusty Johnson,Mayor 8IPage