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HomeMy WebLinkAbout08-07-18 Minutes MINUTES AUGUST 7, 2018, at 6:15 P.M. REGULAR CITY COMMISSION MEETING CALL TO ORDER- 6:15 PM Mayor Johnson called the regular session to order at 6:15 p.m. in the Commission Chambers of City Hall. The invocation was led by Commissioner Firstner, followed by the Pledge of Allegiance to the Flag led by Commissioner Grogan. City Clerk Sibbitt called roll and declared a quorum present. Present: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner Firstner Absent: Commissioner Oliver Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt PRESENTATIONS AND PROCLAMATIONS -None COMMENTS FROM CITIZENS/PUBLIC -6:18 PM Dr. Kathleen Crown provided a PowerPoint presentation detailing her proposal on wanting to convert the location of 2 N. Bluford Avenue into a wedding and bed & breakfast venue. She further concluded by stating she is seeking to negotiate a deal with the City of Ocoee to acquire the location. Mayor Johnson asked for comments by the City Commission. Commissioner Grogan commented that he likes the idea and feels Dr. Crown's proposal is a great use of the property. Commissioner Wilsen shared that she is concerned with the building as it was her impression that the buildings needed repairs. She further inquired from the City Manager as to what the plans were for the building and location when purchased by the City. City Manager Frank answered that what was shared in the citizen workshops with the public was utilizing that location for a parking lot with some outparcels being sold for new construction to the Downtown area. During the timeframe when the property was purchased the City was beginning its redevelopment process for which they found a need to use the building as a construction office. Commissioner Firstner inquired on the funding source. Dr. Crown answered she would provide the funding for the renovation of the building. Commissioner Firstner commented that he felt she had a lot of ideas and suggested she concentrate on one or two of her ideas but overall he liked the concept. Mayor Johnson inquired if she had spoken with Commissioner Oliver as he is not in attendance this evening to comment. Dr. Crown answered in the affirmative and shared that Commissioner Oliver thought it was a great idea. Mayor Johnson further commented that the City is not able to sell the property at this time but he feels that the option to lease for purchase may be feasible with the understanding that she will be responsible for repairs. He further shared he does not recall there being a vote to tear the building down and voiced that he does see her vision as something that would be marketable to our citizens. Regular City Commission August 7, 2018 Commissioner Wilsen inquired if the building is structurally sound. Dr. Crown answered that she would like to have a structural engineer check the building before she puts down any money. If the building is found to not be structurally sound, then her proposal cannot be done. City Manager Frank shared it is his recollection that Utility Funds were used to purchase the building; so if the desire is to lease it out, then the City Commission would need the General Fund to reimburse the Utility Fund which can be discussed during the upcoming budget. Commissioner Wilsen inquired on the lease period for the construction company currently in the building. City Manager Frank answered that the company is leasing the building at no cost until the City's project is complete. Consensus of the City Commission was to allow Dr. Crown to have a structural engineer check the building at 2 N. Bluford Ave. City Manager Frank advised that the City will allow for the right to enter onto the property. STAFF REPORTS AND AGENDA REVIEW- 6:40 PM City Manager Frank announced before them are the School Resource Officer Agreements that were forthcoming for Item#8 on the Consent Agenda. COMMISSIONERS ANNOUNCEMENTS - 6:40 PM Commissioner Firstner—None Commissioner Wilsen—None Commissioner Grogan—None Mayor Johnson — 1) The Parks and Recreation Advisory Board currently has four vacancies. If you are interested in applying to be on this Board, please visit the City's webpage for more information. 2) City Hall is closed on Monday, September 3`d in observance of Labor Day and the City Commission meeting scheduled for Tuesday, September 4th has been canceled. 3) Information on Budget Workshops and Budget Hearings can be found on the City's Website and on Ocoee TV. As a reminder: The City's First Budget Workshop is being held tomorrow night, August 8th starting at 6:00 pm here at City Hall. The Second Budget Workshop is scheduled for Monday, August 13th. The Tentative Budget Public Hearing is Wednesday, September 12th, and the Final Budget Public Hearing is scheduled for Wednesday, September 26th. All meetings will begin at 6:00 pm here in City Hall. 2IPage Regular City Commission August 7,2018 CONSENT AGENDA - 6:41 PM Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 -#15. Moved by Commissioner Grogan, seconded by Commissioner Firstner; Motion carried 4-0 with Commissioner Oliver absent. 1. Approval of the Minutes for the Regular City Commission Meeting held July 17, 2018. (City Clerk Sibbitt) Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. 2. Approval of the Holiday Schedule for 2019. (City Clerk Sibbitt) Section 8.01 of the Personnel Rules and Regulations lists Holidays that will be observed annually in the City of Ocoee. Each year the City Commission approves those holidays as well as selects dates for those holidays that fall on weekend days. Approved Holidays Dates As Approved 2019 Recommendation New Year's Day January 1 Tuesday,January 1, 2019 Martin Luther King,Jr. Day Third Monday In January Monday, January 21,2019 Memorial Day Last Monday in May Monday, May 27, 2019 Independence Day July 4 Thursday, July 4, 2019 Labor Day First Monday in September Monday, September 2, 2019 Thanksgiving Day Fourth Thursday Thursday,November 28, 2019 Day After Thanksgiving Day after Fourth Thursday Friday,November 29, 2019 Christmas December 25 Wednesday,December 25,2019 Day Before or After Christmas Determined by Commission Thursday, December 26,2019 Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. 3. Approval of First Amendment to the Contract for Internment and Inurnment Services at the City of Ocoee Cemetery. (City Clerk Sibbitt) On September 18,2012,the City of Ocoee entered into a Contract with Quality Vaults and Monument, Inc.,to perform internment and inurnment work as set forth in RFP #12-006 (the "Contract"). The Contract is due to expire on September 30,2018. Quality Vaults and Monument, Inc., was the sole bidder in 2012 and is the sole local provider of services to the City at this time. Therefore, the City desires to amend the existing Contract, subject to the terms and conditions set forth in the RFP and Contract, to extend the Contract through September 30, 2019. The Contract will thereafter automatically renew on an annual basis unless City or Contractor provide written notice to the other, in accordance with the terms of the Contract, no later than sixty (60)days before the expiration of a term. Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. 31 Page Regular City Commission August 7, 2018 4. Approval of Sunbelt Rental Plat, Project No: LS-2017-010. (Development Engineer Womack) The subject property is located at 259 Maguire Road, immediately north of the City of Ocoee Public Works Department. The Parcel Identification Number is 19-22-28-0000-00-047. The total area of the parcel amounts to approximately 28.234 acres. This plat is required in order to dedicate and convey additional right-of-way to the City. The three areas of additional right-of-way being dedicated to the City include a five(5)foot addition to the Maguire Road right-of-way, a 0.6-acre strip to the west of 441 Enterprise Street, and a 0.75-acre corner clip of the northwest corner of the subject property. The plat also includes easements for emergency vehicle access,an 8"ductile iron public water main,a sidewalk easement,and easements for other public utilities.The Sunbelt Rental development is platting prior to receiving a Certificate of Completion; however, since the development is nearly complete the developer will not be required to provide a Surety covering the outstanding improvements as approved in the Sunbelt Rental Large Scale Site Plan. The site will receive a Certificate of Completion once all of the outstanding improvements are completed. Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. 5. Approval of Licensing and Rebate Agreements with Bound Tree Medical for Operative IQ Inventory Management. (Fire Chief Miller) The Ocoee Fire Department(OFD) utilizes Bound Tree Medical (BTM)to purchase the EMS supplies which are stocked on all rescue and engine units and used by Department personnel on medical calls. Operative IQ is a service provided by BTM which works in tandem with UCapIt Cap 5 vending machines for advanced electronic inventory management and tracking of EMS supplies, pharmaceuticals, and narcotics. OFD currently utilizes an outdated inventory control system; but was recently awarded a 75%/25%matching grant from the Florida Department of Health to purchase three of the Cap 5 vending machines. This will afford the most up-to-date inventory control system,which will save the City by reducing pharmaceutical inventory loss. BTM has extended a rebate offer to OFD to cover the cost of two-day onsite setup and training on the system plus three years of licensing fees with an annual supply purchase of at least$75,000, a threshold which OFD already meets. Operative IQ will replace the City's existing inventory management system with improved pharmaceutical, narcotics, and supply tracking as well as biometric security, which is not available with the current system and is required by the State.By accepting the rebate agreement,the City will save$14,695 over the next three years. Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. 6. Approval of Traffic Enforcement Agreement with Wentworth Homeowner's Association. (Police Chief Brown) Wentworth originally entered into a Traffic Enforcement Agreement with the City of Ocoee on October 4, 2005. In August of 2011,the Traffic Enforcement Agreement was not renewed. Wentworth is now requesting a new Traffic Enforcement Agreement between Wentworth and the City. Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. 7. Approval of First Amendment to Traffic Enforcement Agreement with Westyn Bay Townhomes. (Police Chief Brown) Westyn Bay Townhomes originally entered into a Traffic Enforcement Agreement with the City of Ocoee on August 18, 2009. The term of the agreement was two years from the effective date, but the agreement automatically renewed for additional two-year terms at the end of each two-year term,unless the agreement is terminated in accordance with the agreement. As of July 26, 2018, neither party has requested the agreement be terminated. Westyn Bay Townhomes is currently requesting the initial Traffic Enforcement Agreement be updated with a new main address for the neighborhood and update the Homeowners Association contact and signature information. Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. 41 Page Regular City Commission August 7, 2018 8. Approval of a School Resource Officer Agreement with Charter Schools Located in Ocoee. (Police Chief Brown) The Florida Legislature has amended Section 1006.12, Florida Statutes, entitled "Safe-School officers at each public school" to require each District School Board and School District Superintendent to partner with law enforcement agencies to establish or assign one or more safe-school officers at each school facility within the district by implementing a security option which best meets the needs of the school district. The School Board has suggested that Charter Schools, which are designated as Florida public schools, should contract for and obtain school resource officers individually with the Law Enforcement Agency. The Ocoee Police Department will provide one (1) School Resource Officer to Renaissance Charter School and one (1) School Resource Officer to Innovations Montessori Charter School of which both are located within the city limits of Ocoee. These agreements are effective from July 1, 2018 to June 30,2019. For School Resource Officer services,the Charter Schools will be charged a prorated fee based on the 10 month school year. Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. 9. Approval of Change Order No. 1 Amending the BrightView Landscape Services Contract—RFP #13-001, Landscaping, Landscape Maintenance, and Mowing Services to Include the Landscape Maintenance for the State Road 50 Corridor Right-of-Way Including Medians from State Road 429 to Good Homes Road. (Acting Parks and Recreation Director Johnson) State Road 50 has been under construction and FDOT was responsible for maintaining the right-of-way (ROW),including the medians.In June,the maintenance responsibility for the SR 50 ROW was turned back to the City. Public Works has been responsible for maintaining the corridor since June; however, due to their other responsibilities they cannot provide the higher level of care that is required for SR 50. SR 50 is the primary commercial corridor within the City and the level of maintenance should be increased to weekly during spring and summer and biweekly during the fall and winter. Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. 10. Approval to Reject the Single Bid #B18-04 for the Ocoee Lakefront Park Phase 1A. (Purchasing Agent Tolbert) The City intended to award a contract for the Ocoee Lakefront Park Phase 1A.The bid was publicly advertised on June 18,2018,and opened on July 18,2018.There was a single(1)bid received from Oelrich Construction; the bid provided two prices, a bid of$1,320,114 based on the bid form quantities with line item detailed pricing and a second qualified sum bid of$1,761,529 based on the bidders plan take-off quantities.A third bid of$1,541,412 was provided later by Oelrich when the City asked for clarification of their qualified bid price. Staff recommends rejecting the bid due to all prices being substantially higher than the engineer's estimate of construction costs, as described in the July 24,2018, letter from S&ME,the City's park design firm. Based on our analysis and that of the design firm S&ME, the bid prices appear to be substantially higher than being proposed by other firms for similar work elsewhere in Central Florida. Staff considers it to be in the best interest of the City to re-bid this project with a revised scope of work and plans. Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. SIPage Regular City Commission August 7,2018 11. Approval of the Certification of Non-Ad Valorem Assessment Roll for Solid Waste Inclusion on the Orange County Tax Roll for Fiscal Year 2018/2019. (Public Works Director Krug) The City Commission approved Resolution No.2006-003 to provide for collection of Solid Waste fees through the annual Orange County Tax Roll. The agreement between City of Ocoee and Orange County Tax Collector requires the City to annually certify the Non-Ad Valorem Assessment Roll by September 15th. The Fiscal Year 2018/2019 Tax Roll for Solid Waste calculates revenue to be $3,207,708. This is based upon the residential Solid Waste fee which remains unchanged at $21 per month. This is an increase of$87,948 from the current year and is attributed to annexations and new homes. Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. 12. Approval of the Certification of Non-Ad Valorem Assessment Roll for Stormwater Inclusion on the Orange County Tax Roll for Fiscal Year 2018/2019. (Public Works Director Krug) The City Commission approved Resolution No. 2006-003 to provide for collection of stormwater fees through the annual Orange County Tax Roll. The agreement between City of Ocoee and Orange County Tax Collector requires the City to annually certify the Non-Ad Valorem Assessment Roll by September 15th. The Fiscal Year 2018/2019 Tax Roll for stormwater calculates revenue to be $3,326,804.84. This is an increase of $98,253.59 from the current year and is attributed to annexations and new homes. Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. 13. Approval of the Annual Fire Protection Special Assessment Resolution and Certification of Non-Ad Valorem Assessment Tax Roll for Fire Protection Assessment for Fiscal Year 2018/2019. (Support Services Director Butler) The City Commission approved Ordinance 2013-010 to provide for collection of fire protection assessments through the Orange County annual tax roll. The approval of Ordinance 2016-013, as codified in Chapter 77 of the City Code of Ordinances, modified the requirements of the 2013 Ordinance, including deleting the requirement for a Preliminary Rate Resolution, adding a definition of an Applied Assessment Rate, and changing the annual adoption procedure of the assessment. Section 197.3632,Florida Statutes requires the City to certify the Tax Roll for the fire protection assessments by September 15th. Using the Applied Assessment Rate of$69.50 and the estimated number of FPUs determined by currently available data, the gross revenue generated will be $2,068,115.44. With deductions for the cost of collection (2%), early payments (up to 4%), and non-payment, plus the addition of interim fees being paid through the year as a result of construction, the actual revenue value is approximately$2,043,892.92. Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. 14. Approval of Resolution to Rename the Street Originally Platted "Lyman Avenue" Located within Seegar Subdivision to "Lyman Street." (Support Services Director Butler) As currently identified by city street name signs, Lyman Avenue and Lyman Street form an approximately 1,410 foot long road in north-central Ocoee. The road consists of a north-south segment, approximately 1,150 feet in length, and an east-west segment, approximately 260 feet in length. "Avenue" is the official road suffix of the north-south segment based on the Seegar Subdivision plat of 1925. The east-west segment is not labeled on that plat or any other in this neighborhood. All existing buildings are addressed to the north-south segment. Variations between the use of"Avenue" and "Street" exist for assigned addresses for the road in databases 61 Page Regular City Commission August 7,2018 maintained by utility service providers. CenturyLink uses "Lyman Avenue." Duke Energy, Spectrum Cable TV and City of Ocoee water billing use "Lyman Street." These two names are considered by the Orange County 911 Agency to be the same,which causes problems for emergency service address databases. Staff has notified all affected property owners in writing of the proposed change as well as the date and time of the public hearing. Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. 15. Approval of Budget Transfer from Capital Fund 001-516-00-6405 to Reimburse General Fund 001-516-00-5235. (Support Services Director Butler) In the Fiscal Year 2017-2018 Budget, Support Services received a $37,000 capital fund allocation (Account No. 001-516-00-6405) to purchase four replacement servers estimated at $5,500 each and a server management system estimated at $15,000. When the City purchased the servers, the actual unit price was $4,789.11. The $710.89 per unit savings dropped the item price below the $5,000 capital purchase threshold making the capital funds budgeted for this purchase ineligible. As a result, they City had to apply the $19,156.44 for server replacements to the appropriate operating budget account (Account No. 001-516-00- 5235). The City experienced the same issue with the server management system, which cost $3,809.43 per server as opposed to the expected single charge. As a result,they City had to apply the$15,237.72 for a server management system to the appropriate operating budget account (Account No. 001-516-00-4606). The operating budget account for computer equipment and software needs the requested budget transfer to complete the Fiscal Year 2017-18 program. Staff recommends the City Commission authorize the transfer of $37,000 from Capital Expenditures (Account No. 001-516-00-6405) to reimburse General Government Computer Equipment/Software(Account No.001-516-00-5235). Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. PUBLIC HEARING - 6:42 P N 1 16. Arya Independent Living Preliminary/Final Large Scale Site Plan; Project No: LS-2018-007. (Advertised in the West Orange Times on Thursday, July 26, 2018) (City Planner Rumer) The subject property is located on the north side of Roberson Road approximately 627 feet east of Tomyn Boulevard (Windermere Road) intersection. The property is approximately 10.47 acres in size of which 2.45 acres are designated as wetlands/flood zones. The subject property consists of a vacant and undeveloped land fronting on Roberson Road. The Applicant will be dedicating 20 feet tract of land to the City of Ocoee for future right-of-way along Roberson Road. The Future Land Use designation for the subject site is "Low- Density Residential" and "Conservation/Floodplains." The requested "Independent Living" use is consistent with the Future Land Use element and zoning(R-1AA)district. The Preliminary/Final Site Plan will consist of a four-story 203,000 square feet 142 unit Independent Living Facility (55+). As shown on the Preliminary/Final Site Plan, the facility will have only one main access point at Roberson Road. This main entrance will be aligned with the existing George Bailey Park entrance across the street. In addition,a 220 feet left-turn lane into the site will also be provided for an adjacent ALF/Memory Care facility. The applicant will be dedicating a 20 feet wide tract of land to the City of Ocoee for future right-of-way along Roberson Road. Consistent with City policy,the wetlands/flood zones and associated upland buffers will not be developed and will be dedicated to the City. Water, sanitary sewer,reclaimed water, solid waste and police & fire protection will all be provided by the City of Ocoee. The applicant has requested one waiver from the Land Development Code for this project, which is to permit a maximum height of 53 feet in lieu of the 35 feet by code. The proposed Arya site is located adjacent to the Legacy Life Styles ALF/Memory Care facility about to break ground. The facility is three-story 112,269 square feet 120 beds Memory Care/Assisted Living. The two projects provide for a unique opportunity to age in place or to have a spouse live next to someone needing daily care. 7 ' Page Regular City Commission August 7, 2018 City Planner Rumer presented a brief overview of this proposed Preliminary/Final Large Scale Site Plan, which is located on the north side of Roberson Road east of Tomyn Boulevard (Windermere Road) intersection. The Future Land Use designation for the subject site is "Low- Density Residential" and "Conservation/Floodplains." The requested "Independent Living" use is consistent with the Future Land Use element and zoning (R-1AA) district. The City of Winter Garden has partnered with Orange County and came to an agreement to install a roundabout at the intersection of Windermere Road and Stoneybrook West Parkway. City Planner Rumer explained this proposed site plan consists of a four-story 203,000 square feet, 148-unit Independent Living Facility for residents 55 and older. He discussed adjacent parcels, such as Legacy Life Styles ALF/Memory Care facility, which is about to break ground. That facility is a Memory Care/Assisted Living. The two projects provide for a unique opportunity to age in place or to have a spouse live next to someone needing daily care. The Applicant has requested one (1) Waiver from the Land Development Code for this project, which requests to permit a maximum height of 53 feet in lieu of the 35 feet by code. The trees in the adjacent wetlands will block the units from the neighboring site. The projected amenities include a pool with an outdoor area, walking/trail area with an open space. Mayor Johnson asked for comments by the City Commission. Commissioner Grogan shared that he likes this unique setting of having a spouse live next to someone needing daily care. David Stokes, Applicant, Madden Morehead & Stokes, Inc., 431 East Horatio Avenue, #260, Maitland, announced he is the civil engineer on this project and is available to answer any questions and/or comments they may have. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Wilsen inquired from Commissioner Firstner if he has had any feedback from any of the residents in his district. Commissioner Firstner advised that he has not received any comments or feedback and the property was posted with information on the public hearing. Brief discussion ensued. Motion: Move to approve Arya Independent Living Preliminary/Final Large Scale Site Plan; Project No: LS-2018-007; Moved by Commissioner Firstner, seconded by Commissioner Grogan; Motion carried 4-0 with Commissioner Oliver absent. 81 Page Regular City Commission August 7,2018 FIRST READING OF ORDINANCE - 6:50 PM 17. First Reading of Ordinance Amending Chapter 124-6 of the City Code of Ordinances Renaming Russell Drive Park to Frank W. Turner Park. (Second Reading and Public Hearing Date scheduled for August 21, 2018, Regular Commission Meeting at 6:15 p.m. or soon thereafter) (Acting Parks and Recreation Director Johnson) At the July 17, 2018 meeting, the City Commission approved a motion renaming Russell Drive Park to Frank W. Turner Park. There is a provision in Chapter 124 of the City Code relating to Russell Drive Park that now should be amended for purposes of regulation of park hours under the Code. Chapter 124-6A(2)reads, "Rules for use of City parks and Facilities; (A) Hours of use - Parks and outdoor recreation facilities; (2) It shall be unlawful to congregate in or use any of the following parks or outdoor recreation facilities after sunset and before 7:00 a.m.: Forest Oaks Park, Freedom Park, Jamela Street Park, Palm Park, Palm Drive Park, Parkside/Coventry Park, Prairie Lake Park, Frank W. Turner Russell-Drive Park, and Silver Glen Park. The hour of sunset is established for the purpose of this section as the hour of sunset as determined by the National Weather Service Bureau." 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 August 21, 2018 at 6:15 p.m. or soon thereafter. 18. First Reading of Ordinance for Top Gun Cheer — 651 South Bluford Avenue Rezoning; Project No: RZ-18-05-07. (Second Reading and Public Hearing Date scheduled for August 21, 2018, Regular Commission Meeting at 6.•15 p.m. or soon thereafter) (City Planner Rumer) The subject property is located on the west side of S. Bluford Avenue and on the south side of W. Columbus Street. The Parcel Identification Number is 17-22-28-6144-04-210. The subject parcel is approximately 4.51 acres and currently vacant. The Applicant is rezoning the property from General Industrial (I-2)to Restricted Manufacturing & Warehousing (I-1) for a competitive cheerleading gym in order to conform to the existing land use designation. The I-1 zoning designation is consistent with the adopted future land use designation of Light Industrial shown on both the City of Ocoee and Orange County Joint Planning Area Future Land Use Maps. The Development Review Committee and Planning and Zoning Commission reviewed the proposed rezoning and both voted unanimously to recommend approval. 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 August 21, 2018 at 6:15 p.m. or soon thereafter. SECOND READING OF ORDINANCE—PUBLIC HEARING - 6:52 PM 19. Second Reading of Ordinance and Public Hearing to Establish the Florida Real Estate Regional Center (FRERC) Community Development District (CDD). (Advertised in the West Orange Times on Thursday, July 26, 2018.) (City Attorney Cookson) Community Development Districts are local units of special-purpose government created for the purpose of delivering urban community development services within certain, established areas. Chapter 190, Florida Statutes, sets forth the exclusive and uniform method for establishing a Community Development District in Florida. Generally speaking, if a property contains less than 1000 acres and is located entirely within a municipality, a Petitioner can file a petition for establishment of a Community Development District with the City's governing body. Orange West Development Company,a Wyoming corporation registered to business in 91 Page Regular City Commission August 7, 2018 the State of Florida, as Petitioner, intends to establish within the City of Ocoee the FRERC Community Development District. Petitioner received consent from the owner of one-hundred percent (100%) of the property to be included in the District and on May 15, 2018 filed a petition with the City asking that the City Commission adopt an ordinance establishing the District. The law requires the City to establish the District in a public hearing advertised four weeks in advance. The public hearing on the petition and the first reading of the ordinance establishing the District was held on July 17,2018. City Attorney Cookson read the title of the ordinance. City Attorney Cookson advised the Applicant is available to answer any questions or give a presentation if the City Commission desires. He further explained the ordinance proposed for adoption is for the FRERC Community Development District (CDD) which is being proposed where the City Center is being constructed. The CDD is essentially a financing mechanism for the developer to finance the construction of infrastructure for the development. The City would not have any financial obligations under the CDD as that would be the responsibility of the owners of the property. The developer has obtained the consent of all the property owners to establish the CDD. Jonathan Johnson, Hopping Green & Sams, P.A., was present on behalf of the petitioner to answer any questions. He further explained the benefits of establishing a CDD for both the land owner and the City. The public hearing was opened. As no one wished to speak, the public hearing was closed. Motion: Move to adopt Ordinance No. 2018-028, Establishing the Florida Real Estate Regional Center (FRERC) Community Development District (CDD); Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 4- 0 with Commissioner Oliver absent. REGULAR AGENDA - None STAFF ACTION ITEMS - None COMMENTS FROM COMMISSIONERS - 6:57 PM Commissioner Grogan — 1) Announced that Mental Illness Awareness Week is September 29th- October 8th and the City of Orlando is lighting up the town with green lights that week. He inquired if Ocoee has the ability to change the fountain lights to green to also support this awareness. City Manager Frank answered in the affirmative. 2) Announced this upcoming weekend is the golf tournament for the Wounded Officers Initiative which he believes still has some openings. Commissioner Wilsen — 1) Inquired if the fountain on Lake Bennet has recently been inspected as the water is not flowing upward correctly. City Manager Frank shared that the water levels are too high and the water fountain should be floating higher. 2) Commented that it is nice to see residents enjoying the new Montgomery Park. She further shared that she did visit an all- 10 I Page ll-10IPage Regular City Commission August 7,2018 inclusive park which she will meet with Acting Parks and Recreation Director Johnson to discuss. Commissioner Firstner — Announced that school will be back in session soon and asked residents to please be vigilant when on the road as there will be a lot more traffic and children walking to and from school. Mayor Johnson — Shared that he met with Deputy Chief McCosker regarding a back to school plan. The Police Department will be posting information on Facebook and on the City's website. They also have flyers located in City Hall explaining the new school route as well as will provide flyers to the parents at the school's open house. He further shared the road will re-open at the corner of McKey and Bluford Avenue. Mayor Johnson further announced if any residents need any further information on the road routes they can find information on the website on how to contact him directly. Commissioner Grogan inquired when the remainder of Bluford Avenue would re-open for traffic. Assistant City Manager Shadrix explained that Bluford Avenue is currently on track to open on the first or second week of October. ADJOURNMENT - 7:05 PM APPROVED: Attest: _ '11 of Ocoee jzaaL elanie Sibbitt, City Clerk Rusty Ji h%,, Mayor 11IPage