HomeMy WebLinkAboutItem #01 Approval of the Minutes for the Tentative Budget Public Hearing held September 6, 2017 Final Budget Public Hearing held 09-18-17 Regular City Commission Meeting held 09-19-17 and Special Session Meeting held 09-21-17 OCOEE CITY COMMISSION
TENTATIVE BUDGET PUBLIC HEARING
Ocoee Commission Chambers
September 6,2017 MINUTES 6:00 P.M.
I. CALL TO ORDER-6:00 PM
A. Invocation and Pledge of Allegiance
Mayor Johnson called the regular session to order at 6:00 p.m. in the Commission Chambers of
City Hall. The invocation was led by Commissioner Keller followed by the Pledge of Allegiance
to the Flag, led by Commissioner Wilsen.
B. Roll Call and Determination of Quorum
City Clerk Sibbitt called roll and declared a quorum present.
Present: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner
Firstner, Commissioner Keller
II. ' ` PUBLIC HEARING—6:01 PM
A. Mayor's Announcement
Mayor Johnson announced this is a public hearing on the tentative budget and proposed millage
rate for the City of Ocoee. Notice of this hearing was contained in the Notice of Proposed
Property Taxes mailed by the Property Appraiser. The City Commission has previously set a
proposed millage rate of 6_5 mils which represents a 19.6%_increase in millage over the rolled-
back rate of 5.4357 mils.
B. Briefing by City Attorney - 6:02 PM
City Attorney Cookson announced the preliminary millage rate set by the City Commission and
contained in the TRIM Notices is 6.5 mils. The maximum millage rate which may be levied by
the City by regular majority vote for the 2017-2018 fiscal year is 7.3615 mils, such maximum
millage rate having been determined pursuant to Section 200.185(3)(a), Florida Statutes. The
establishment of a millage rate between 7.3616 mils and 8.0977 mills requires a two-thirds vote
(super majority) of the membership of the City Commission (or 4 votes). The establishment of a
millage rate between 8.0978 mils and 10.000 mils requires a unanimous vote of the City
Commission. Additionally, any millage rate adopted above the preliminary millage rate of 6.5
would require notice by first class mail to each taxpayer. The tentative millage rate adopted at
this hearing will become the maximum millage rate which may be adopted by the City
Commission at the public hearing on the final millage rate. A unanimous vote or a two-thirds
vote may be required to adopt the tentative millage rate as the final millage rate. At the final
public hearing, the City Commission may adopt a millage rate which is less than the tentative
millage rate.
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Ocoee City Commission Tentative Budget Public Hearing
September 6,2017
C. Briefing by Finance Director: Review of additions/deletions to the budget since
August 1, 2017 distribution, the percentage increase in millage over the rolled-back
rate necessary to fund the budget and the specific purpose for which ad valorem tax
revenues are being increased.
Finance Director Briggs announced after the budget workshop, staff performed a
comprehensive review to correct any unintended omissions and finalize estimated program costs.
Changes made to the budget by staff after the workshop include the following:
➢ Increase Revenues Fire/FEMA SAFER Grant
➢ Increase Revenues Red Light Cameras
➢ Increase Red Light Camera Expenses
➢ Increase Transfer Out/Fire Station Reserve
➢ Increase Revenues Fire Protection Fees
➢ Adjust Capital Equipment Police
The proposed operating budget for the City of Ocoee for FY 2018 total $69,407,163. The
proposed General Fund budget is $47,527,725 and is balanced at 5.6202 mils. The difference
between the 6.5 mils and the 5.6202 mils is $1,916,664, which is currently not in the budget.
Ad Valorem taxes are being assessed to provide funding for:
• Operational expenses
• Capital purchases
• Debt service payments
• Salaries necessary to provide municipal services to the citizens and businesses of Ocoee
Items identified by the commission or staff that are not included in the proposed budget are
itemized on the unfunded list for discussion. The City Commission approved a tentative millage
rate of 6.5 mils for the FY 2017. This rate is higher than the rolled-back rate of 5.4357 mils and
represents an increase of 19.6% over the rolled-back rate.
1. Comments by Citizens - 6:05 PM
Chris Adkins, 606 Ridgefield Ave., addressed the City Commission on concerns he had with
regards to the following: 1) Conducting department audits within the City, 2) Founders' Day
event revenues and expenses breakdown, and 3) Ad-valorem fees.
Questions raised by Mr. Adkins were addressed by the Commission and City Manager.
2. Comments by Commissioners -6:24 PM
Commissioner Keller clarified that currently they are at the 5.7500 mils and will need to amend
the budget to include the revenues and expenditures to get the millage rate to 5.6202 mils. City
Attorney Cookson answered in the affirmative.
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Ocoee City Commission Tentative Budget Public Hearing
September 6, 2017
Mayor Johnson inquired about the paving on Malcom Road. City Manager Frank suggested
they keep it on the unfunded list, and he can bring it back for discussion for the next public
hearing.
3. Motions by Commissioners for amendments to the proposed tentative budget
Motion: Move to amend the tentative budget to include those items on the proposed
balanced budget millage rate; Moved by Commissioner Keller, seconded by
Commissioner Firstner. Motion carried 5-0.
This would reduce the millage rate to 5.6202 mils.
Proposed Balanced Budget Millage Rate 5.7500
Increase Funding Request Airport Authority 1,000 0.0005 5.7505
Increase Revenues Fire Protection Fees (60,000) (0.0275) 5.7229
Increase Revenues Red Light Cameras (460,000) (0.2112) 5.5118
Increase Beginning Fund Balance/Fire Station
Reserve (500,000) (0.2295) 5.2823
Increase Revenues Fire/FEMA SAFER Grant (593,037) (0.2722) 5.0100
Increase Red Light Camera Expenses 240,000 0.1102 5.1202
Increase Transfer Out/Fire Station Reserve 302,321 0.1388 5.2590
Increase Expenses/12 Firefighters Under FEMA
SAFER Grant Award 790,716 0.3630 5.6219
Adjust Capital Equipment Police (3,800) (0.0017) 5.6202
(282,800)
Adjusted Millage Rate 5.6202
Further discussion ensued regarding the proposed tentative millage rate.
Motion: Move to amend the tentative budget to include $400,000 to contingency;
thus bringing the tentative millage rate to 5.8038 mils; Moved by Commissioner
Grogan, seconded by Commissioner Keller. Motion carried 5-0.
D. Announcement by Finance Director of the recomputed proposed millage rate and
the percent by which the recomputed proposed millage rate exceeds the rolled-back
rate. This percentage is the proposed tentative percentage increase in property
taxes. Announcement regarding the vote required to adopt this millage rate
(Regular Majority, Super Majority, or Unanimous).
Finance Director Briggs announced the recomputed proposed millage rate of 5.8038 mils
represents a 6.77% increase over the rolled-back rate.
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Ocoee City Commission Tentative Budget Public Hearing
September 6,2017
1. Comments by Citizens
Mayor Johnson opened the floor for comments by citizens. No comments were made.
2. Comments by Commissioners -None
E. Motion to Adopt the Tentative Millage Rate
City Attorney Cookson read the title of the ordinance.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
ESTABLISHING A TENTATIVE MILLAGE RATE of 5.8038 MILS FOR
AD VALOREM TAXES FOR THE CITY OF OCOEE FOR THE FISCAL
YEAR BEGINNING OCTOBER 1,2017,AND ENDING SEPTEMBER 30,
2018; PROVIDING FOR MILLAGE ADJUSTMENT; PROVIDING FOR
COLLECTION OF TAXES; PROVIDING FOR 6.77% INCREASE IN
MILLAGE RATE OVER THE ROLLED-BACK RATE; PROVIDING
FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE.
Motion: Move that the City Commission adopt the tentative millage rate at 5.8038
mils for the fiscal year beginning October 1, 2017, and ending September 30,
2018; Moved by Commissioner Wilsen, seconded by Commissioner Keller. Motion
carried 5-0.
F. Motion to Adopt the Tentative Budget
City Attorney Cookson read the title of the ordinance.
AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY,
FLORIDA, ADOPTING A TENTATIVE BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1,2017,AND ENDING SEPTEMBER 30,
2018; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
Motion: Move that the City Commission adopt the tentative budget of the City of
Ocoee as amended at the Tentative Budget Public Hearing tonight, such tentative
budget being for the fiscal year beginning October 1, 2017, and ending September
30, 2018; Moved by Commissioner Wilsen, seconded by Commissioner Keller.
Motion carried 5-0.
Mayor Johnson announced the public hearing to consider the final millage rate and final budget
is scheduled for Monday, September 18, 2017, at 6:00 p.m. to be held in the City Hall
Commission Chambers.
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Ocoee City Commission Tentative Budget Public Hearing
September 6, 2017
III; 34ti 'T 6:42 P1Vi x
The meeting was adjourned at 6:42 p.m.
APPROVED:
Attest: City of Ocoee
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
5
Final Budget Hearing
OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive, Ocoee, FL
September 18,2017 MINUTES 6:00 P.M.
I. CALL TO ORDER
Roll Call and Determination of Quorum
Mayor Johnson called the final budget hearing to order at 6:00 p.m. in the Commission
Chambers of City Hall. City Clerk Sibbitt called roll and declared a quorum present.
Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner
Firstner and Commissioner Keller.
II. PUBLIC HEARING
A) Announcement by Mayor Johnson
This is an advertised public hearing to finalize the budget and adopt a final millage rate for the
City of Ocoee. The City Commission has previously approved a tentative millage rate of 5.8038
mils, which represents a 6.77% increase in millage over the roll-back rate of 5.4357 mils. The
adopted tentative millage rate is the maximum millage rate, which may be adopted by the City
Commission at the Final Budget Public Hearing tonight.
B) Briefing by Director of Finance on the percentage increase in millage under the roll-
back rate necessary to fund the budget and the specific purpose for which ad valorem
tax revenues are being increased
The proposed operating budgets for the City of Ocoee for FY 2018 total $69,590,910. The
proposed General Fund budget is $47,648,485. Ad Valorem taxes are being assessed to provide
funding for: operational expenses, capital purchases, debt service payments, and salaries
necessary to provide municipal services to the citizens and businesses of Ocoee. The
commission approved a tentative millage rate for FY 2018 of 5.8038 mils. This rate is higher
than the roll-back rate of 5.4357 and represents an increase in the millage over the roll-back rate
of 6.77%. The tentative millage rate generates about $775,858 more in revenues than the roll-
back rate. Of this amount $400,000 is undesignated and has been placed in the contingency
account. Adoption of the 5.8038 mils requires a majority vote by the commission.
Items that were discussed with no action taken during the tentative budget hearing are itemized
on the unfunded list for further consideration. Also included before the City Commission are
some revised budget pages and a copy of the Capital Programs for FY 2018-2022 which required
minor informational corrections. The capital improvement bond funded projects will be
presented before the City Commission in October so they may revisit the funding and amend
allocations as needed.
Ocoee City Commission Final Budget Hearing
September 18, 2017
1. Comments by Citizens
Chris Adkins, 606 Ridgefield Ave., addressed the City Commission on concerns he had with
regards to the following: 1) Conducting department audits within the City, 2) Founders' Day
event revenues and expenses breakdown, 3) Contribution requirements for Parks and Recreation
Programs, and 4) Merit Based Healthcare for City employees.
Commissioner Wilsen inquired if there is a "no smoking" policy within the City vehicles. City
Manager Frank answered in the affirmative.
Mayor Johnson asked Mr. Adkins for clarification on the self-funding of the Parks and
Recreation programs. Mr. Adkins explained.
Mayor Johnson explained the City's self-insured healthcare program which is a savings to the
City and further addressed insurance questions asked by Mr. Adkins.
2. Comments by Commissioners-None
C) Amendments to the Proposed Tentative Budget-
1. Motion(s) on Amendments to the Adopted Tentative Budget
Motion: Move to amend the tentative budget to remove the $400,000 from the
contingency fund; Moved by Commissioner Keller, seconded by Commissioner
Wilsen.
Mayor Johnson opened the floor for comments by citizens. No comments were made.
Motion carried 5-0.
City Manager Frank explained that as they move forward to handle the debris from Hurricane
Irma they will need to take money from reserves to move into emergency management account
402-534-00-5224 for the FY 17/18 for debris removal. The total amount for the debris removal
will be $1.3 million; however, part of the removal will be handled from this year's budget so
staff will need $900,000 from reserves for next year. It was further announced that this will not
affect the millage rate. Mayor Johnson briefly explained the reserve funds are to handle
unforeseen circumstances or disasters so he feels this would be the best way to handle it.
Motion: Move to amend the tentative budget to add $900,000 from Reserve to
Solid Waste Emergency Management Account 402-534-00-5224; Moved by
Commissioner Wilsen, seconded by Commissioner Grogan.
Chris Adkins, 606 Ridgefield Ave., inquired about the transfer of funds. Staff addressed his
question.
Ocoee City Commission Final Budget Hearing
September 18,2017
Commissioner Keller and Commissioner Wilsen inquired about the funds for Malcom Road.
City Manager Frank explained that they can move the funds into the budget and advised that it
would raise the current millage rate by about .03% putting the millage rate at 5.6546 mils.
Mayor Johnson inquired what the current millage rate is. Finance Director Briggs answered it
is 5.8291. Mayor Johnson further explained to those residents in the audience that the City had
a millage rate of 5.8291 that they are proposing to decrease this year and wanted to clarify this as
sometimes the newspaper will scare residents into thinking that the City is raising the tax base.
Motion: Move to amend the tentative budget to add $75,000 for Malcom Road
Resurfacing; Moved by Commissioner Keller, seconded by Commissioner Wilsen.
Motion carried 5-0.
2. Comments by Citizens -None
Mayor Johnson opened the floor for comments by citizens. No comments were made.
3. Discussion by Commissioners on Amendments Followed by Vote-None
D) Announcement by Director of Finance of the proposed final millage rate and the
percent by which the proposed millage rate exceeds the roll-back rate. This
percentage is the proposed final percentage increase in property taxes. 6:26 PM
Finance Director Briggs announced that the proposed final millage rate is 5.6546 and the
percent by which the proposed millage rate exceeds the roll-back rate is 4.03%. 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
roll-back millage rate is 5.4357 mills. The percentage by which the proposed millage rate
exceeds the roll-back rate is 4.03%. The millage rate proposed by the Ordinance is 5.6546 mills.
He further read the title of the ordinance.
The ordinance as adopted carries the following title:
ORDINANCE NO.2017-022
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING A
FINAL MILLAGE RATE OF 5.6546 MILS FOR AD VALOREM TAXES FOR
THE CITY OF OCOEE FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2017, AND ENDING SEPTEMBER 30, 2018; PROVIDING FOR MILLAGE
ADJUSTMENT; PROVIDING FOR COLLECTION OF TAXES; PROVIDING
FOR 4.03% IN MILLAGE RATE OVER THE ROLL-BACK RATE; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
Ocoee City Commission Final Budget Hearing
September 18,2017
1. Comments by Citizens - None
Mayor Johnson opened the floor for comments by citizens. No comments were made.
2. Comments by Commissioners on Final Millage Rate-None
3. Motion to Adopt Ordinance No.2017-022,Setting Final Millage Rate
Motion: Move to adopt Ordinance No. 2017-022, setting a final millage rate of
5.6546 mils for Fiscal Year 2017-2018; Moved by Commissioner Keller, seconded
by Commissioner Wilsen. 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.2017-023
AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA,
ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2017, AND ENDING SEPTEMBER 30, 2018; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
1. Comments by Citizens-None
Mayor Johnson opened the floor for comments by citizens. No comments were made.
2. Comments by Commissioners on Final Budget-None
3. Motion to Adopt Ordinance No.2017-023,Adopting Final Budget
Motion: Move to adopt Ordinance No. 2017-023, approving a final budget for the
Fiscal Year beginning October 1, 2017 and ending September 30, 2018; Moved by
Commissioner Wilsen, Seconded by Commissioner Grogan. Motion passed 5-0.
Finance Director Briggs said he would like to make one point of clarification for the 3% Cost
of Living Adjustment (COLA) for the general staff. He is requesting if that increase could go
into effect the first full payroll in October as opposed to October 1St. Consensus of the City
Commission was to approve the 3% COLA to be effective the first full payroll in
October.
Commissioner Grogan thanked staff for all their hard work on the budget.
Commissioner Keller also thanked staff and further appreciates the hard work they put in
getting the budget to where it is today.
Ocoee City Commission Final Budget Hearing
September 18, 2017
Commissioner Wilsen also thanked staff and the Commission as a whole as they are all working
together with moving the City forward and focusing on what is best for the City.
Commissioner Firstner echoed the sentiments of his fellow Commissioners.
Mayor Johnson shared it has been a pleasure working with the staff, City Commission, and
citizens, as this City is a great place to be. He further encouraged residents to meet with him or
staff if they feel they had unanswered questions with regards to the budget.
III.ADJOURNMENT
APPROVED:
Attest: City of Ocoee
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
MINUTES
SEPTEMBER 19,2017 at 6:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER- 6:17 PM
Mayor Johnson called the regular session to order at 6:17 p.m. in the Commission Chambers of
City Hall. The invocation was led by Chaplin Gloria Stephens followed by the Pledge of
Allegiance to the Flag, led by Led by Cub Scout Pack#217. City Clerk Sibbitt called roll and
declared a quorum present.
Present: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner
Firstner, Commissioner Keller
B. PRESENTATIONS AND PROCLAMATIONS - 6:19 PM
Presentation of Officer of the Second Quarter to Officer Edwardo Hernandez
Deputy Chief McCosker and CACOPD Board Member Victoria Laney gave a brief
summary of events that led to the decision and awarding of Officer of the Second Quarter to
Officer Edwardo Hernandez.
Police Chiefs Award of Valor
Police Chief Brown introduced Ocoee Police Officer Brian Harris, Windermere Police Chief
Ogden and Windermere Police Officer Robbie Harrison. He presented a brief bio of Ocoee
Officer Harris. Windermere Police Chief Ogden presented a brief bio of Windermere Police
Officer Harrison. Chief Brown read a summary of an accident the officers stopped to assist
while on Interstate 95 on October 16, 2017, and explained their heroic efforts. For their brave
actions, he presented the Award of Valor to Ocoee Officer Harris and the Chief's Special Award
to Windermere Officer Harrison.
Proclamation to the Chaplain Unit for the Blue Jay Way Project, read by Mayor Johnson
and presented by Commissioner Grogan. Additionally, the Mayor recognized the administration
from Spring Lake Elementary, Lowes, Sherwin Williams, Cub Scout Pack #217, Glad Tidings
Church, Ocoee Christian Church, Ocoee Church of Christ, HighPoint Church, and Ocoee Police
Department.
(Five Minutes Recess)
C. COMMENTS FROM CITIZENS/PUBLIC - 6:56 PM
Ann Whittle, 715 E. Lakeshore Drive, is before the City Commission to ask why the debris has
not been picked up after Hurricane Irma. Public Works Director Krug explained that his crew
is addressing everything as best as they can.
Representative Kamia Brown, District 45, shared that her office would like to host a small
business workshop at the Lakeshore Center on the morning of Saturday, January 20, 2018, from
9:00 — 11:00 am. She presented a summary of what the workshop will entail; and further;
because they have limited funds, she is requesting waiver of the fees for use of the Lakeshore
Center, because this workshop will be for educating the residents. Mayor Johnson shared that
there was a similar request made which they declined. He further shared that they do have the
Ison Center or Vignetti Center that may be available for use. Consensus of the City
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Regular City Commission
September 19,2017
Commission was to waive fees for use of the Ison Center or Vignetti Center by
Representative Kamia Brown.
D. STAFF REPORTS AND AGENDA REVIEW - 7:09 PM
City Manager Frank announced before them is the following:
Emergency Item #1 - Disaster Debris Recovery & Removal Activation with Ceres
Environmental Services,Inc.,Hurricane Irma. (Public Works Director Krug)
City Manager Frank briefly explained the City entered into a Disaster Debris Recovery &
Removal contract with Ceres Environmental Services, Inc. which was done in preparation of the
approaching Hurricane Irma and the Declaration of a State of Emergency from the Governor's
Office. Due to the devastation imparted by Irma, the Mayor and City Manager activated the
contract with Ceres by issuing a Notice To Proceed, for a not-to-exceed value of$1.2 million. He
is also requested approval for additional work up to the limit of his purchasing authority and up
to the allowable budget for unforeseen conditions, and for the Commission to delegate the
authority to the City Manager to transfer money across funds to the Emergency Management
account line 402-534-00-5224 to cover the costs expended in the 2016-2017 Fiscal Year.
Motion: Move to approve Emergency Item #1, Disaster Debris Recovery &
Removal Activation with Ceres Environmental Services, Inc., Hurricane Irma.
Moved by Commissioner Keller, seconded by Commissioner Grogan; Motion
carried 5-0.
Emergency Item #2 - Disaster Debris Monitoring with CPH, Hurricane Irma. (Public
Works Director Krug)
City Manager Frank briefly explained this item is requesting Commission approval to issue a
work order for Debris Monitoring to the City's Continuing Engineering Services firm
(RFQ#1503), CPH, in conjunction with activating the Disaster Debris Recovery & Removal
contract with Ceres Environmental Services, Inc., due to the impacts of Hurricane Irma and the
Declaration of a State of Emergency from the Governor's Office, Executive Order Number 17-
235. Staff recommends approval of the Not-To-Exceed price for Disaster Debris Recovery &
Removal due to hurricane Irma with CPH, of Sanford, Florida, in the amount of$185,758.27.
Motion: Move to approve Emergency Item #2, Disaster Debris Monitoring with
CPH, Hurricane Irma. Moved by Commissioner Grogan, seconded by
Commissioner Keller;
Commissioner Wilsen inquired what other options were there besides the $185,000. City
Manager Frank indicated the first option was over $450,000, but was able to be reduced quite a
bit by utilizing employees from various departments and limiting engineering firms' contractors.
He also explained FEMA requires some form of monitoring, which this monitoring may also be
reimbursed by FEMA.
Motion carried 5-0.
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Regular City Commission
September 19,2017
E. COMMISSIONERS ANNOUNCEMENTS - 7:13 PM
Commissioner Grogan — Thanked all the volunteers for the Blue Jay Lane Project. He also
announced that once a month the churches are volunteering to visit Blue Jay Lane to make sure
that it stays clean.
Commissioner Wilsen—None
Commissioner Firtsner — Thanked and applauded all City staff for covering the Emergency
Center(EOC) during the Hurricane Irma.
Commissioner Keller — Thanked the City staff as well for all their work during the Hurricane
Irma.
Commissioner Grogan — Asked Public Works Director Krug to explain the clean-up process.
Public Works Director Krug explained what was just approved with Emergency Item #1 with
Ceres Environmental who are experts in debris removal. Ceres Environmental has designated six
(6) crews to pick everything up within 45 days. The six (6) crews will make three passes
throughout the 45 days.
Mayor Johnson—Thanked City staff for all their hard work; and further, encouraged citizens to
contact the City if they see something that may require extra attention.
F. CONSENT AGENDA- 7:19 PM
Consent Agenda Motion
Commissioner Wilsen requested to pull Item#6 from the Consent Agenda for discussion.
Motion: Move to adopt the Consent Agenda Items #1 - #12 with Item #6 being
pulled for discussion and separate consideration.
Moved by Commissioner Keller, seconded by Commissioner Firstner; Motion
carried 5-0.
1. Approval of the Minutes for the Budget Workshop held August 10,2017,Regular City
Commission Meeting held August 15, 2017, and Special Session Meeting held
September 6,2017. (City Clerk Sibbitt)
Approved on Consent. Motion carried 5-0.
2. Approval of New Appointments to the Code Enforcement Board. (City Clerk Sibbitt)
The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this Board
is to review infractions of the City technical Codes negotiate compliance and impose fines for failure to
comply. The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members,
all with a three-year term. Currently, the Board has four (4) regular members and no alternate members.
31 Page
Regular City Commission
September 19,2017
Applications have been received by both Warren Lewis and Dennis Murray who have shown an interest in
being appointed to the Code Enforcement Board as a regular member for a term ending June 2020. At this
time,there are no other applications on file for this Board.
Approved on Consent. Motion carried 5-0.
3. Approval of New Appointment to the Human Relations Diversity Board. (City Clerk
Sibbitt)
Members of the Human Relations Diversity Board serve three-year terms. Currently the Human Relations
Diversity Board has twelve (12)members, and their resolution allows no less than seven(7)members and no
more than thirteen (13) members. An application has been received by Steve Osbourne, who has shown an
interest in being appointed to the Human Relations Diversity Board for a term ending May 2020.
Approved on Consent. Motion carried 5-0.
4. Approval of One-Year Contract with Federal Lobbying Services with Alcalde& Faye.
(Assistant City Manager Shadrix)
The City's most recent solicitation for federal lobbying services resulted in the firm Alcalde & Fay being
ranked number one; although, the City Commission chose to hire Global Business Development. In August,
the City Commission terminated its contract with Global Business Development for federally lobbying
services at the August 15, 2017 meeting. Alcalde & Fay is the next entity in line under the solicitation to
receive work for the remaining one-year term. The attached letter and agreement for federal lobbying services
with Alcalde & Fay provides that the City will pay $5000/month for federal lobbying services (plus
reimbursables), and either party has the ability to terminate the contract with thirty (30) days written notice
without cause.
Approved on Consent. Motion carried 5-0.
5. Approval of Eagle Creek of Ocoee School Concurrency Mitigation Agreement between
Chevron Land and Development Company, Orange County Public Schools and City of
Ocoee (OCE-16-003). (City Planner Rumer)
As per Section 16.6 (f) of the Amended Interlocal Agreement for Public School Facility Planning
Implementation of Concurrency ("ILA"), the City shall enter into a mitigation agreement with the School
Board and the Applicant of the proposed development when the students generated fails to meet the adopted
level of service. The applicant submitted a School Concurrency Determination Application and Development
Analysis to the Orange County School Board in connection with a proposal to obtain approval for a
Preliminary and Final Subdivision Plan in order to develop 173 residential units and 80 multi-family
residential units on the Eagle Creek of Ocoee property. The analysis determined that based on the current
adopted Level of Service standards for the School Concurrency Service Areas within the Property and
including the anticipated new School Capacity available within the District Facilities Work Program, there is
insufficient available School Capacity at the middle school level. The Concurrency Analysis calculated that all
21.86 students generated will need to be mitigated. The parties agreed to a Proportionate Share Mitigation
payment of$455,627.98 to cover the cost of 58 student stations. This payment along with three scheduled
impact fee payments of$644,381.00 will keep the capacity reserved for Eagle Creek.
Approved on Consent. Motion carried 5-0.
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Regular City Commission
September 19,2017
6. Approval of the Community Grant Program July 2017 Cycle. (Community Relations
Manager Wright)
The Community Grant Review Board(CGRB)met on August 16,2017,to discuss the 12 applications received
for the Community Grant Program (formerly the Community Merit Awards Program). The Community Grant
Program provides financial grants of up to$500 to non-profit organizations and civic groups located within the
city limits or outside the city limits,but providing benefits to residents of Ocoee. The grant cycle is open twice
yearly (January and July) to acknowledge excellence and further the contributions these local organizations
bring to the Ocoee community. There is $6,500 allotted for this cycle of the Community Grant Program. The
Community Grant Review Board recommends funding 11 organizations in the total amount of$5,500. From
the 12 applications received, one organization was denied, the Garden Community Choir. The choir requested
grant funds to pay for advertising materials for their Unity Concert,which does not fit the grant criteria.
Motion: Move to adopt Consent Agenda Item #6.
Moved by Commissioner Keller, seconded by Commissioner Grogan; Motion
carried 4-0 with Commissioner Wilsen abstaining. (Form 88 is filed with the City Clerk's
Department.)
7. Approval to Purchase New Thermal Imaging Camera for the Fire Department's New
Engine and a Stretcher for the Training Division Using Savings from other Capital
Items. (Fire Chief Miller)
The FY 2016/2017 budget savings from purchases of radios, lifepak 15, and hoses for the engines provided us
with a total savings of$19,325.29.The Fire Department would like to purchase a new thermal imaging camera
from Municipal Equipment Company in the total of$7,700.00. The Department would also like to purchase a
stretcher from Stryker in the amount of$10,952.27.The attached quotes total$18,652.27.
Approved on Consent. Motion carried 5-0.
8. Code Enforcement Special Magistrate Agreement Extension. (Assistant Director of
Support Services Gaines)
At the February 7, 2017 meeting, the City Commission designated a Special Magistrate to hear code
enforcement cases. The Special Magistrate is Mr. Andrew Hand with Shepard, Smith& Cassady, P.A. At this
time Mr. Hand agreed to amend his existing agreement with the City so that he could serve as the City's
Special Magistrate for code enforcement matters at the rate of$180.00 per hour until September 30,2017.This
date is rapidly approaching, so we would like to extend this timeframe. Staff respectfully requests the
Honorable Mayor and City Commissioners to extend the agreement date until October 1, 2019. Mr. Hand's
contract for the Red Light Hearing Officer is good until this date.
Approved on Consent. Motion carried 5-0.
9. Approval of Payment for the 2017 Founders' Day Festival Entertainment. (Parks and
Recreation Director Hayes)
The entertainment for the 2017 Founders' Day Festival will include the headline act of Dwight Yoakam on
Saturday,November 4th. The cost of the headline entertainer totals $80,000, which requires the approval from
the City Commission, in accordance to the City of Ocoee Purchasing Rules and Regulations. Additional
entertainers have also been retained, and include: Tony Jackson, Colt Ford, Chris Janson, Shenandoah, Love
and Theft, and Craig Campbell, which the costs for each of these individual entertainers falls under the dollar
threshold for the City Manager to approve. Final payments for the entertainment will be made the day of each
respective entertainer's performance or as otherwise agreed.
Approved on Consent. Motion carried 5-0.
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Regular City Commission
September 19,2017
10. Approval of RFQ #1702 Construction Manager At Risk for Bluford Avenue Phase II,
Sub-Phase B, Guaranteed Maximum Price. (Public Works Director Krug)
The Commission awarded the Construction Manager At Risk(CMR) contract for the Bluford Avenue Phase II
project from Delaware Street to Silver Star Road at the April 4, 2017, meeting to Oelrich Construction, Inc.,
(OCI), then the Pre-Construction and Design Services phase at the May 2, 2017, meeting, followed by the
Guaranteed Maximum Price(GMP)for Sub-Phase A on June 6,2017.The next step in the project is to award
the GMP for Sub-Phase B. Sub-Phase B encompasses the storm drainage, road construction and streetscape
portion of the project. OCI will subcontract out the work in accordance with the CMR contract under the
review of Public Works and Utilities. All savings realized through this expedited process will be to the benefit
of the City and deducted from the contract at completion. Public Works and Utilities, with the design
Engineers concurrence, have reviewed the proposal and recommend approval of the GMP with Oelrich
Construction,Inc.,for the Bluford Avenue Phase II project,Sub-Phase B,for$7,350,258.00.
Approved on Consent. Motion carried 5-0.
11. Approval of the City Hall Emergency HVAC Repair with Apple Air. (Public Works
Director Krug)
The second floor air conditioning system at City Hall experienced a major failure in June of this year requiring
emergency repairs to the system. The City utilized our continuing service HVAC maintenance contractor,
Apple Air Conditioning& Heating, Inc., (Apple)to restore the system by replacing the compressor. The total
cost to furnish and install the compressor was $5,300.00, and an emergency purchase order #1424801 was
issued for the work to restore acceptable working conditions in City Hall. The City Purchasing Code requires
the Commission be made aware of emergency expenditures on capital items and improvements over $5,000.
The pricing by Apple for this work was verified by Public Works to be in line with industry standards and was
adequately funded in the Facilities Division budget.
Approved on Consent. Motion carried 5-0.
12. Approval of Term Contract with Petroleum Traders Corporation for Motor Fuels for
Transport Load Deliveries. (Public Works Director Krug)
The City is a member of the Central Florida Purchasing Cooperative where Orange County is the lead agency
in solicitations that can benefit multiple municipalities. The City previously approved utilizing this purchasing
power for petroleum products on September 16, 2014, for bulk transport loads delivered to the Public Works
complex and tank wagon loads delivered to remote sites throughout the City. The contract for providing the
bulk transport load deliveries has been rebid and renewed through the same vendor. This change in contracts
requires Commission approval per the Purchasing Codes within the fiscal year which the new contract is
utilized. Public Works is requesting Commission approval to utilize the new contract with Petroleum Traders
Corp. for as long as the contract remains valid.
Approved on Consent. Motion carried 5-0.
61 Page
Regular City Commission
September 19,2017
G. FIRST READING OF ORDINANCE - 7:20 PM
13. First Reading of Ordinance Adopting Amendments to the City Charter to be Placed on
the 2018 Municipal Election Ballot. (Second Reading and Public Hearing Date scheduled for
October 3, 2017, Regular City Commission Meeting at 6:15 p.m. or soon thereafter) (City Clerk Sibbitt)
Section C-59 of the City of Ocoee Charter requires that a Charter Review Commission be appointed every ten
(10)years for the purpose of providing a comprehensive review of the City Charter and to suggest any changes
thereto. The Charter Review Commission was appointed by the City Commission and held several meetings
between October 2016 and July 2017, including an advertised Public Hearing on July 19,2017.Comments and
concerns relating to the Charter were solicited from members of the City Commission and from City staff. On
August 15, 2017, the Charter Review Commission presented a report to the City Commission summarizing
amendments, which were grouped as substantive changes to the Charter and clean up changes to the Charter.
After further discussion, the City Commission approved the recommended amendments with two (2) minor
changes relating to the commencement dates for four-year terms and a related revision to the commencement
date for term limits.
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 3, 2017.
14. First Reading of Ordinance Adopting the New Boundaries for the Commission
Districts of the City of Ocoee. (Second Reading and Public Hearing Date scheduled for October 3,
2017, Regular City Commission Meeting at 6:15 p.m. or soon thereafter) (City Clerk Sibbitt)
The Districting Commission was appointed by the City Commission and held several meetings between
February—August 2017, including an advertised Public Hearing on June 5,2017.The Districting Commission
presented a report to the City Commission on July 18, 2017, advising of its preferred plan. After further
discussion at the City Commission on July 18, 2017, the commission consensus was to have the Districting
Commission reevaluate the preferred plan proposed boundary and consider all homes within Bay Street be
incorporated within the same district. The Districting Commission met on August 7, 2017, and by unanimous
vote moved to adopt Board Plan 4. On August 15, 2017, the Commission approved the recommended Board
Plan 4,and directed staff to bring back an ordinance adopting the new boundaries set forth in this plan.
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 3, 2017.
H. PUBLIC HEARING - 7:23 PM
15. Arden Park North Phase 3A & Amenity Center Preliminary/Final Subdivision Plan
(PSP/FSP); Case Number: LS-2017-002. (Advertised in the West Orange Times on Thursday,
September 7, 2017.) (City Planner Rumer)
The Arden Park Planned Unit Development (PUD) was originally approved by the City Commission on
November 21,2006,and Amended on February 19,2013.Arden Park North consists of the northern phases(2-
6) of the PUD. Arden Park North is identified as Parcel ID Number 04-22-28-0000-00-001 (9421 Clarcona-
Ocoee Road) located on the north side of Clarcona-Ocoee Road and situated between Hobson Road and
Ingram Road. Arden Park North is approximately 308 acres of which 54.44 acres are identified as
7IPage
Regular City Commission
September 19,2017
wetlands/Lake Sims. The Arden Park North Phase 3A PSP/FSP is a residential subdivision that proposes a
total of 27 single-family residential lots. The minimum residential lot standards are (10) 55 feet by 120 feet
and(17)75 feet by 120 feet.The Arden Park North Phase 3A PSP/FSP proposes to construct the main amenity
for the northern phases of the development. The amenity is a pool and clubhouse room. Potable water and
sewer services will be provided by Orange County. The City of Ocoee will provide solid waste services,reuse
water,police and fire protection. Finally,the Applicant has requested no Waivers from the Land Development
Code for this project phase.
City Planner Rumer briefly summarized the Arden Park North Phase 3A & Amenity Center
Preliminary/Final Subdivision Plan (PSP/FSP). Arden Park North Phase 3A includes 27 single-
family lots and the amenity center for the Northern subdivisions. The amenity is a pool and
clubhouse room. The minimum residential lot standards are (10) 55 feet by 120 feet and (17) 75
feet by 120 feet. All streets in Arden Park North will be private, with the road network contained
in tracts that will be owned and maintained by the homeowner's association.
Public hearing was opened.
R.P. Mohnacky, 1820 Prairie Lake Blvd., inquired the lot sizes. City Planner Rumer answered
minimum residential lot standards are (10) 55 feet by 120 feet and (17) 75 feet by 120 feet.
Public hearing was closed.
Motion: Move to approve the Arden Park North Phase 3A & Amenity Center
Preliminary/Final Subdivision Plan (PSP/FSP); Case Number: LS-2017-002.
Moved by Commissioner Keller, seconded by Commissioner Grogan; Motion
carried unanimously.
16. Arden Park North Phase 3B Preliminary/Final Subdivision Plan (PSP/FSP); Case
Number: LS-2017-007. (Advertised in the West Orange Times on Thursday, September 7, 2017)
(City Planner Rumer)
The Arden Park Planned Unit Development (PUD) was originally approved by the City Commission on
November 21,2006,and Amended on February 19,2013.Arden Park North consists of the northern phases(2-
6) of the PUD. Arden Park North is identified as parcel ID number 04-22-28-0000-00-001 (9421 Clarcona-
Ocoee Road) located on the north side of Clarcona-Ocoee Road and situated between Hobson Road and
Ingram Road. Arden Park North is approximately 308 acres of which 54.44 acres are identified as
wetlands/Lake Sims. Arden Park North Phase 3B includes 89 single-family lots for the Northern subdivisions.
The minimum residential lot standards are(45)55 feet by 120 feet and(17)65 feet by 120, and(27)75 feet by
120 feet. The subject site is consistent with the Comprehensive Plan,the Land Development Code(LDC), and
the requirements of the Arden Park PUD. Arden Park North Phase 3 has been split into two separate plans;
Phase 3A and 3B, which was done due to drainage permitting for the amenity center. Potable water and sewer
services will be provided by Orange County. The City of Ocoee will provide solid waste services,reuse water,
police and fire protection. Finally, the Applicant has requested no Waivers from the Land Development Code
for this project phase.
City Planner Rumer briefly summarized the Arden Park North Phase 3B Preliminary/Final
Subdivision Plan (PSP/FSP). The Arden Park North Phase 3B PSP/FSP is a residential
subdivision that proposes a total of 89 single-family residential lots. The minimum residential lot
standards are (45) 55 feet by 120 feet and (17) 65 feet by 120, and(27) 75 feet by 120 feet.
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Regular City Commission
September 19,2017
Public hearing was opened. As no one wished to speak, the public hearing was closed.
Motion: Move to approve the Arden Park North Phase 3B Preliminary/Final
Subdivision Plan (PSP/FSP); Case Number: LS-2017-007.
Moved by Commissioner Keller, seconded by Commissioner Wilsen; Motion
carried unanimously.
I. FIRST READING OF ORDINANCE—PUBLIC HEARING - 7:28 PM
17. First Reading of Ordinance Amending Section 38-6 of Article II of Chapter 38 of the
City of Ocoee Code of Ordinances Relating to Hours of On-Premise Sale of Alcoholic
Beverages. (Advertised in the Orlando Sentinel on Friday, September 8, 2017. Second Reading and Public
Hearing Date scheduled for October 3,2017)(City Planner Rumer)
The City's Code of Ordinances for on-premise sale and consumption of alcoholic beverages provides for no
alcoholic beverages being sold, consumed, or permitted to be served between the hours of 2:00 a.m. and 11:00
a.m. every day of the week. The Cities of Orlando, Winter Garden, and Windermere have amended their
respective codes to allow for the sale and consumption of alcohol on premises to begin at 7:00 a.m. and to
conclude at 2:00 a.m. every day in order not to be placed in an economic disadvantage in Orange County. City
Staff, with the backing of the West Orange Chamber of Commerce is proposing to amend the code to fall in
line with these cities to keep Ocoee on an even playing field with respect to economic development. The
proposed amendment will change the hours of on-premise sale and consumption of alcohol from 11:00 a.m.to
7:00 a.m.The cutoff tie of 2:00 a.m.will remain in effect.
City Attorney Cookson read the title of the Ordinance.
The public hearing was opened. As no one wished to speak,the public hearing was closed.
Mayor Johnson announced that this will be presented as a second reading and public hearing at
the next scheduled City Commission meeting on October 3, 2017.
J. SECOND READING OF ORDINANCE—PUBLIC HEARING - 7:30 PM
18. Second Reading of Ordinance for Ocoee Reserve AKA Silver Star Road Planned Unit
Development (PUD) — Annexation and PUD Rezoning, Land Use Plan (LUP),
Preliminary and Final Subdivision Plan; Project No(s): AX-01-16-57, RZ-16-01-01 &
LS-2016-011. (First Reading of Ordinance was on February 7, 2017.Advertised in the West Orange Times
on Thursday,August 24, 2017, and Thursday,August 31, 2017) (City Planner Rumer)
The subject property is located on the south side of Silver Star Road, approximately 1,200 feet east of Johio
Shores Road and 900 feet west of Good Homes Road.The subject site is approximately 10.91 acres in size and
is currently undeveloped with planted pine trees. The parcel ID number is 15-22-28-4716-00-142 with a
physical street address of 8600 Silver Star Road. The Future Land Use designation for the subject site is"Low
Density Residential" which allows up to four (4) dwelling units per acre. The requested rezoning would be
from Orange County "Agriculture" (A-1) to City of Ocoee "Planned Unit Development" (PUD) with a
corresponding "Land Use Plan" (LUP). The proposed annexation is a logical extension of the City limits,
urban services can be provided, and the annexation meets state and local regulations. The Applicant has
requested a City of Ocoee zoning designation of"PUD"(Planned Unit Development),which is consistent with
the zoning of adjacent properties. The PUD designation is consistent with the adopted Future Land Use
designation of Low Density Residential,as shown on the City of Ocoee&Orange County Joint Planning Area
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Regular City Commission
September 19,2017
Future Land Use Map. The Ocoee Reserve AKA Silver Star Rd PUD is a planned residential subdivision that
proposes a total of 43 single-family residential lots with a requested density of 3.12 units per acre. The
residential street (50' wide) is planned to be designated as public right-of-way. The residential lots will be
approximately 42.5 feet by 115 feet. The PUD has a minimum living area set at 1,500 square feet. The
development is proposed to be developed in one (1) phase. The subject subdivision will have one (1) access
point on Silver Star Road. This main entrance will be aligned with the existing Coventry at Ocoee subdivision
entrance across Silver Star Road. The Plan also shows a six-foot high wall with landscaping to be installed
along Silver Star Road. Landscaping, columns and aluminum railings are proposed along the open space
portions of the site. Finally, potable water, sewer, solid waste, reuse water (when available), police and fire
protection will be provided by the City of Ocoee. Based on the recommendation of the DRC and the Planning
& Zoning Commission, Staff recommends the City Commission approve the Annexation, PUD Rezoning,
Land Use Plan and Preliminary/Final Subdivision Plan for the Ocoee Reserve AKA Silver Star Road PUD.
a) Second Reading of Annexation Ordinance
b) Second Reading of Rezoning Ordinance
c) Land Use Plan and Preliminary/Final Subdivision Plan
City Planner Rumer briefly summarized the proposed annexation, rezoning, land use plan and
preliminary/final subdivision plan for Ocoee Reserve (aka Silver Star Road). The subject
property is located on the east side of the City of Ocoee on the south side of Silver Star Road. It
is eligible for annexation under Florida Law as it is considered contiguous to the City of Ocoee
since it is bordered by property located within the City limits on the west, north and south
adjacent boundaries. The Ocoee Reserve AKA Silver Star Rd PUD is a planned residential
subdivision that proposes a total of 43 single-family residential lots with a requested density of
3.12 units per acre. The residential lots will be approximately 42.5 feet by 115 feet.
a) Second Reading of Annexation Ordinance
City Attorney Cookson read the title of the ordinance.
The public hearing was opened.
R.P. Mohnacky, 1820 Prairie Lake Blvd., inquired the depth of the lots. City Planner Rumer
answered it is 42.5 feet by 115 feet.
Tom Daly, Daly Design Group, shared he is here on behalf of Avex Homes should the City
Commission have any questions.
Sean Keohane, 2440 Auld Scot Blvd., inquired if there would be any type of buffer between
Temple Grove Estate subdivision and the proposed subdivision; and further, will there be more
than one access point into the subdivision. Mr. Daly advised that there will be open space tracts
around the perimeter and the pine trees that are currently in that tract will remain, thus creating a
buffer. It was also answered that the subdivision would have only one access point into the
subdivision.
The public hearing was closed.
10IPage
Regular City Commission
September 19,2017
Motion: Move to adopt Annexation Ordinance No. 2017-006 for Ocoee Reserve
AKA Silver Star Road Planned Unit Development (PUD); Project No (s): AX-01-
16-57.
Moved by Commissioner Keller, seconded by Commissioner Wilsen; Motion
carried unanimously.
b) Second Reading of Rezoning Ordinance
City Attorney Cookson read the title of the ordinance.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Motion: Move to adopt Rezoning Ordinance No. 2017-007 for Ocoee Reserve AKA
Silver Star Road Planned Unit Development (PUD); Project No (s): RZ-16-01-01.
Moved by Commissioner Keller, seconded by Commissioner Wilsen; Motion
carried unanimously.
c) Land Use Plan (LUP), Preliminary and Final Subdivision Plan
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Motion: Move to approve the Land Use Plan (LUP), Preliminary and Final
Subdivision Plan for Ocoee Reserve AKA Silver Star Road Planned Unit
Development (PUD); Project No(s): LS-2016-011.
Moved by Commissioner Keller, seconded by Commissioner Wilsen; Motion
carried unanimously.
K. REGULAR AGENDA- None
L. STAFF ACTION ITEMS - None
M. COMMENTS FROM COMMISSIONERS - 7:40 PM
Mayor Johnson inquired if the City could proceed with the Red Light Cameras being
reinstalled. City Manager Frank said he has had discussions with staff about proceeding with a
new RFP since the current contract expires in December. He further shared that he has also
discussed with staff the possibility of piggybacking off of the City of Apopka's contract, because
they have just renegotiated their contract. Commissioner Wilsen inquired if they could add
additional lights. City Manager Frank shared that could be considered at any point.
Commissioner Keller—None
Commissioner Firstner—None
11IPage
Regular City Commission
September 19,2017
Commissioner Wilsen—Thanked residents for their patience with regards to the clean-up of the
debris. The City is working as hard as they can. She further shared that she received comments
from residents that Duke Energy had problems with old wiring in the Downtown area and was
wondering if the City Manager could pursue this issue. City Manager Frank said he has not
heard of this issue up to this point; but if she could provide him with contact information, he can
address this.
Commissioner Grogan—None
Mayor Johnson—None
ADJOURNMENT - 7:44 PM
APPROVED:
Attest: City of Ocoee
Melanie Sibbitt, City Clerk Rusty Johnson,Mayor
12IPage
Special Session
CITY OF OCOEE
City Hall Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
CITY COMMISSION SPECIAL SESSION
September 21, 2017 MINUTES 12:00 p.m.
I. Call to Order and Roll Call- 12:00 PM
Mayor Johnson called the special session to order at 12:00 p.m. in the Commission
Chambers of City Hall. City Clerk Sibbitt called roll and declared a quorum present.
Present: Commissioner Wilsen, Mayor Johnson, Commissioner Firstner, Commissioner
Keller
Absent: Commissioner Grogan
II. Emergency Item - Termination of Debris Removal Contract with CERES
Environmental and Award of Debris Removal Contract with Raynor Shine.
(Assistant City Manager Shadrix) - 12:00 PM
On Tuesday, September 6, 2017, the City Commission awarded a debris removal contract to Ceres
Environmental Services, Inc. in anticipation of the impact of Hurricane Irma. This award was executed by
piggybacking on Orange County's contract with Ceres. This was done in preparation for the approaching
Hurricane Irma and the Declaration of a State of Emergency from the Governor's Office, Executive Order
Number 17-235. Due to the devastation imparted by Irma, the Mayor and City Manager activated the contract
with Ceres by issuing a Notice To Proceed on September 13, 2017, for a not-to-exceed value of$1.2 million.
The City issued written notice to proceed on September 13, 2017, and then public works staff and Ceres staff
meet on Friday, September 15, agreeing to start on Wednesday September 20 to allow time for the City
Commission to approve the monitoring contract with CPH engineers. Work was to have commenced with six
crews at 7:00 a.m. on the morning of September 20. Ceres did not show up for duty, and repeated attempts to
reach a representative resulted in City staff being informed that they did not have any trucks and it would be
Thursday before they could provide a single truck. Additionally, Ceres was to have provided their bond by
September 18, which did not occur. Following the events of Wednesday, September 20, The City met with
Raynor Shine to determine if they were capable of fulfilling the scope agreed to by the nonperforming Ceres
Environmental Services, Inc. Raynor Shine is equipped and experienced at following FEMA guidelines,has their
own staging area, and has available trucks to begin immediately and meet the original schedule proposed by the
Ceres contract, despite starting a few days late. The City attorney's office reviewed all applicable policies,rules,
and statutes, and has determined that the City is justified to terminate its contract with Ceres Environmental
Services, Inc. immediately and proceed with approval of a contract with Raynor Shine to begin work.
City Attorney Cookson explained the City Commission awarded a debris removal contract to
Ceres Environmental Services, Inc. due to the devastation imparted by Hurricane Irma. Ceres
Environmental Services, Inc. was to provide their bond by September 18`h, which did not
occur. Additionally, work was to have commenced as of yesterday morning; however, Ceres
Environmental Services, Inc. did not show up for duty, and repeated attempts to reach a
representative resulted in City staff being informed that they did not have any trucks. Given
the nature of the situation, City staff consulted with the City Attorney's office to justify
terminating the contract and move forward with Raynor Shine who is capable of fulfilling the
scope agreed by the nonperforming Ceres Environmental Services, Inc. City Attorney
Cookson advised he has prepared the letter for termination of the contract with Ceres
Environmental Services, Inc., as well as an agreement for debris removal for Raynor Shine for
a not to exceed price of 1.2 million dollars. He further advised the City Commission that their
approval would be to authorize up to 1.2 million dollars with $50,000 being issued today and
also authorize the City Manager to negotiate with Raynor Shine throughout the process. City
Manager Frank shared that he does not anticipate issuing anything more than $50,000 until
the City receives the performance bond.
Finance Director Briggs said he would like to be sure they address any balances that would
carry forward. City Attorney Cookson addressed Mr. Briggs' concerns by stating that the
recommendation by Staff is that the Honorable Mayor and City Commission approve
termination of its contract with Ceres Environmental Services, Inc. via the attached letter and
authorize execution of a contracted work order with Raynor Shine, effective immediately for a
not to exceed price of 1.2 million dollars. Staff requests that this action authorize the Mayor,
City Clerk and Staff to execute the required contract documents and for the City Manager to
approve additional work up to the limit of his purchasing authority and up to the allowable
budget for unforeseen conditions, and for the Commission to delegate the authority to the City
Manager to transfer money across funds to the Emergency Management account line 402-534-
00-5224 to cover the costs expended in the 2016-2017 Fiscal Year. Staff requests that the City
Commission authorize the City Manager to issue a check in advance of service to Raynor
Shine for $50,000 for today's date (September 21, 2017), and to authorize the City Manager to
reallocate any unspent funds for the 2016-2017 Fiscal Year to the Raynor Shine's contract for
the 2017-2018 Fiscal Year. Finance Director Briggs agreed that recommendation addressed
his concerns.
Motion: Move to approve Termination of Debris Removal Contract with Ceres
Environmental and Award of Debris Removal Contract with Raynor Shine
pursuant to staffs recommendation. Moved by Commissioner Keller, seconded
by Commissioner Wilsen.
Commissioner Wilsen inquired when City staff is anticipating the start date of the debris
pick-up as residents will be inquiring. Public Works Director Krug said they are hoping to
start on Saturday. Trucks will be measured this evening as they will need to be certified
through FEMA. She further inquired if it would be the same schedule of 7 days a week.
Public Works Director Krug answered in the affirmative.
Motion carried 4-0 with Commissioner Grogan absent.
III. ADJOURN- 12:08 PM
APPROVED:
Attest: City of Ocoee
Melanie Sibbitt, City Clerk Rusty Johnson,Mayor