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12-03-2019 Minutes MINUTES REGULAR CITY COMMISSION MEETING DECEMBER 3,2019 CALL TO ORDER- 6:17 P:1I Mayor Johnson called the regular session to order at 6:15 PM in the Commission Chambers of City Hall. The invocation was led by Mayor Johnson followed by the Pledge of Allegiance to the Flag led by Commissioner Firstner. City Clerk Sibbitt called the roll and declared a quorum present. Present: Commissioner Brinson, Commissioner Wilsen, Mayor Johnson, Commissioner Firstner, Commissioner Oliver Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt PRESENTATIONS AND PROCLAMATIONS - None COMMENTS FROM CITIZENS/PUBLIC - None STAFF REPORTS AND AGENDA REVIEW - 6:18 PM City Manager Frank announced before them is the following: Emergency Item #1 - Duke Energy Easement on City Property (Inspiration Roadway Lighting). (Development Services Director Rumer) City Manager Frank briefly explained that Duke Energy is planning a lighting project for the roadway at the Inspiration Town Center project. The City of Ocoee was deeded the property fee simple by Heller Bros. under a development agreement that was unable to be included in the Plat for Inspiration, which would have formally designated the land a public right-of-way and would have included all necessary public easements. Since the roadway will not be incorporated in a plat, easements are required by Duke Energy to install lighting along the roadway, Duke Energy will require a Distribution Easement be granted to them by the City. Motion: Move to approve Emergency Item #1, Duke Energy Easement. Moved by Commissioner Oliver, seconded by Commissioner Firstner; Motion carried unanimously. COMMISSIONERS ANNOUNCEMENTS - 6:19 PM Commissioner Oliver — Stated he would like to add two Emergency Items to the Consent Agenda: 1) Approval for an Administrative Policy to require any City Sponsored Events to require City Commission approval prior to being be placed on the City's calendar. 2) Approval for the removal of the Founders' Day event from the November 2020 calendar, and rescheduled to a different month in fiscal year 2020. Clarification was provided by City Attorney Cookson to advise that the items being requested should not be included in the Consent Agenda, but should be addressed as a regular discussion under Commissioner Announcements or later in the meeting under Commissioner Comments. Regular City Commission Meeting December 3, 2019 Discussion ensued regarding what the procedures are for City-sponsored events and the reservation of City venues; and further, removal of the Founders' Day event from the November 2020 calendar. Motion: Move for an Administrative Policy to require any City Sponsored Events to require City Commission approval prior to being be placed on the City's calendar. Moved by Commissioner Oliver; Motion died for lack of a second. Motion: Move for the removal of the Founders' Day event from the November 2020 calendar and reschedule to a different month in fiscal year 2020. Moved by Commissioner Oliver; Motion died for lack of a second. Further discussion ensued regarding the City of Ocoee 12-month calendar and the inclusion of Orange County Public School (OCPS) information. Commissioner Brinson redirected the discussion back to the question on what the policy is for City-sponsored events and the approval of those events. City Attorney Cookson explained that events for which the City is a sponsor or if there is a request to waive fees, those events all come before the City Commission. He further explained there is not a policy on how the event date is selected or placed on the calendar. Historically, the department or committee that oversees a particular event would check with the City to determine which date and venue are available, and would proceed with the reservation. Discussion on the dates for the 2020 Founders' Day ensued. Motion: Move for approval of an administrative policy to require any City- sponsored events to require City Commission approval prior to being be placed on the City's calendar. Moved by Commissioner Oliver, seconded by Commissioner Brinson; Commissioner Wilsen shared she believes the policy being requested is already in place and believes the issue at hand is only the Founders' Day event. Commissioner Oliver confirmed that Founders' Day is the issue as he feels it conflicts with the proclamation that was approved by the City Commission. Commissioner Brinson inquired if the Founders' Day date was brought before the City Commission for approval. Mayor Johnson explained the event date has never been approved by the City Commission. City Attorney Cookson clarified that the motion being requested by the Commissioner is that before a City-sponsored event is placed on the calendar that it comes before the City Commission for approval. After a brief discussion, motion carried 3-2 with Mayor Johnson and Commissioner Wilsen opposing. Motion: Move for the removal of the Founders' Day event from the November 2020 calendar and reschedule to a different month in fiscal year 2020. Moved by Commissioner Oliver; Motion died for lack of a second. 21 Page Regular City Commission Meeting December 3, 2019 Commissioner Brinson clarified if the request was for a different month or a different week. Commissioner Oliver answered a different month. General discussion ensued regarding the date selection of Founders' Day and the date selection for the Human Relations Diversity Board (HRDB) Day of Remembrance event. Commissioner Firstner— Discussed a topic of consideration with the Commission in regard to scheduling City Commission Workshops an hour before their Regular City Commission Meetings such as done by the City of Winter Garden. It would be noticed and open to the public to attend. This process would give the Commission the ability to discuss items before they come before them for a vote. City Attorney Cookson shared that would be totally appropriate as long as the workshop is noticed; and further shared, they have had workshops specific to projects in the past prior to the formal meeting. General discussion ensued regarding the consideration of City Commission Workshops prior to the Regular City Commission Meeting. Motion: Move to schedule Workshop Meetings an hour prior to the next several Commission Meetings. Moved by Commissioner Firstner, seconded by Commissioner Oliver. Discussion ensued. Amended Motion: Move to schedule Workshop Meetings an hour prior to the Regular Commission Meeting on the first Tuesday of each month. Moved by Commissioner Firstner, seconded by Commissioner Wilsen. Motion carried 4-1 with Mayor Johnson opposing. City Manager Frank asked for clarification on the Commission's intent of televising the workshop meetings as those meetings are not typically televised. Commissioner Firstner suggested that the workshops not be televised. No objections were made to Commissioner Firstner's response; therefore, the workshops will not be televised. Commissioner Wilsen — Shared that due to the prior discussions about approval she is requesting approval of the following events: Motion: Move for approval for the City to host the Spring Fling event on March 28, 2020, and Shred to Protect event for March 14, 2020. Moved by Commissioner Wilsen, seconded by commissioner Firstner. Motion carried 5-0. Commissioner Brinson once more requested clarification on what was previously approved with regard to events needing City Commission approval. He further inquired if the events needing Commission approval were those placed on the City calendar, or those events the City may sponsor and/or give contributions or waive fees for. Commissioner Wilsen noted that due to the assistance of the Police Department hosting the shred event with the three organizations, there are City funds being utilized which is why she is requested the approval. Commissioner Brinson—None 31 Page Regular City Commission Meeting December 3, 2019 Mayor Johnson — Made the following announcements: 1) The 19th Annual Operation Santa is taking place on December 3rd5th9th, 1 lth, 17th, and 19th. Santa Claus and his helpers will visit the neighborhoods to toss candy and spread holiday cheer to children and families. When the float arrives, residents are being encouraged to give Santa new unwrapped toys for the Ocoee Police Department's Holiday Toys for Kids in Need. For a complete list of the 64 subdivisions, Santa will visit, go to ocoee.org or call the Ocoee Fire Department at (407) 905-3140. 2) An Evening with Santa is this Friday, December 6th starting at 6:30 PM at the Lakeshore Center. Free pizza dinner with Santa, as well as arts & crafts, letter writing stations and more. Space is limited to 50 kids and pre-registration is required. Call 407-905-3180 to register. 3) The City of Ocoee and the Ocoee Lions Club will present the 39th Annual Ocoee Christmas Parade on Saturday, December 7th at 10 AM. The parade will start at the intersection of Maguire Road and Enterprise Street, and end at Bill Breeze Park. In lieu of entry fees, parade participants have been asked to bring new unwrapped toys that will be donated to the Ocoee Police Department's Holiday Toys for Kids in Need. 4) The City wants to send a retirement farewell to Ken Goldberg who is the Broadcast Engineer for Ocoee TV. This is his last day with the City. He's been with the City for 21 years recording the City Commission, Planning and Zoning and Code Enforcement Meetings. COMMENTS FROM CITIZENS/PUBLIC - 7:28 P N 1 Heard out of Agenda Order William Maxwell presented a PowerPoint that highlighted and explained the planning efforts of the program dedicated to honor the memory of the African-American citizens whose lives and properties were taken during the November 1920 Ocoee Election Day Massacre, and further provided information on the Ocoee Memorial Marker Installation Program. Commissioner Wilsen thanked Mr. Maxwell and the Human Relations Diversity Board (HRDB) for the extensive thought and work that has been put into this event. Commissioner Brinson inquired if Mr. Maxwell was in contact with any family of the descendants. Mr. Maxwell stated he has not been in contact, but it is definitely a consideration, and there is an HRDB member that has been designated to make those contacts with the descendants. He further noted the descendants would be involved in the overall recognition portion of the program, and asked the members on the Commission to please forward any leads they may have so they may follow-up. Commissioner Oliver inquired when this 2020 event was placed on the calendar. Mr. Maxwell answered within the last 60 days. Chris Adkins shared his opinions with regard to Founders' Day being held on the weekend of Halloween in 2020 as he feels many visitors coming into the City would attend both events. He further shared it would be nice to come up with a solution where everyone is happy. He advised Mr. Maxwell that he felt there was more potential for his event to be held on November 6th and 7th as a two-day event, as this would allow the program to go from a very somber event to a day of celebration. A brief discussion ensued. Stephen Nunn, Great-grandson of July Perry, shared he came this evening to hear and express his sentiments as he and his family are excited for the effort and energy that is being put into the 41 Page Regular City Commission Meeting December 3, 2019 memorial process and planning of the event. He explained that there will never be true reconciliation on the events that occurred until there are acknowledgments. Mr. Nunn shared he is the President and Board Chair for The Julius July Perry Foundation and they are moving aggressively to collaborate and do whatever they can to assist and support the City's event. Ralph Groves spoke in regard to the safety concerns of the children on Ocoee Crown Point Parkway adjacent to Ocoee High School. The newly installed blinking warning light at the crosswalk is activated by pedestrians, but even when activated there are some drivers who do not stop. He is respectfully requesting the installation of speed bumps at that crosswalk. Public Works Director Krug explained that since that crosswalk was just recently installed it will require enforcement and education. Deputy Police Chief Saima shared that the Police Department did have a unit on patrol at the location this afternoon providing education and enforcement, and will continue to do so in the upcoming weeks. Commissioner Brinson briefly commented that public safety is important to him which is why he forwarded the email from Mr. Groves to the Police Department and also spoke with the Principal of the school. Reverend Barbara Bey, Granddaughter of Reverend John Sims and Pearl Sims, shared the story of her family who were landowners and citizens of Ocoee during the Ocoee Election Day Massacre. Her grandfather, Reverend John Sims lost his life during the massacre of 1920 and her family lost their home and property. She further requested a date change for the November 2020 Founders' Day event. Reverend Barbara Bey shared a picture of her grandmother and stated that many only reference July Perry when speaking of the Ocoee Massacre, but her grandmother Pearl Sims was also affected. Sherri Gladney presented her concerns for the rental rate of the Ocoee Lakeshore Center. She stated she is a resident of the City but cannot afford to rent the facility in her City because the rates are not affordable. She checked other nearby cities that were affordable but the date was not available. She further requested the City Commission to reconsider the rates so that residents can afford to have community and family events within the City limits. General discussion ensued regarding rental rates of City facilities. Assistant City Manager Shadrix reminded the City Commission that the City Manager has the authority under the ordinance to provide discounted rates where it is seen fit to do so. He further shared the City has several facilities, and depending on the type of the event, the City could assist with finding a fitting facility or weekday solution as that is when most facilities sit empty. Assistant City Manager Shadrix volunteered to meet with Ms. Gladney to work out a solution. Maia Slowinski shared that earlier this year she approached the City Commission to try to get donations for her trip to Budapest, Hungary for the European Maccabi Games. She shared Commissioner Oliver made a personal donation toward her trip, and asked that she share her experience with the City Commission. She informed the City Commission of her selection to the Team USA Fencing Team, and her experience of meeting many participants from other countries. She further shared that she won two gold medals, one silver medal, and has also applied for the 2021 games. Chris Adkins addressed City Manager Frank to formally apologize for a comment he made a few meetings ago in which he stated he did not think it was appropriate for a non-elected SIPage Regular City Commission Meeting December 3, 2019 official to make decisions in regards to the new City Hall. After some research, he realized he misspoke as changes were made to the format process which does require approval as the selected firm goes through the building process. He further shared he is asking that it be noticed for whoever is appointed to sign off on approval, so it willbe known who can be held accountable if issues are encountered in the future. Recommendations for the coating of the new building were shared by Mr. Adkins. CONSENT AGENDA- 8:55 I'i\l Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 - #14 with Items #6, #7, #8, and #9 being pulled for discussion and separate consideration. Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 5-0. 1. Approval of the Minutes for the Regular Commission Meeting held November 5, 2019. (City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 2. Approval of Code Enforcement Agreement with the Town of Windermere with 3% Adjustment to Cover the City of Ocoee's Costs. (Assistant Support Services Director Gaines) The City of Ocoee is willing to continue to provide part-time code enforcement services to the Town of Windermere with a 3% increase to cover the City of Ocoee's increased costs. The City of Ocoee will continue to make available to the Town of Windermere one (1) of the City of Ocoee's Code Enforcement Officers to provide code enforcement services within the Town of Windermere for approximately eight (8) hours a week. It is anticipated that the Code Enforcement Officer will perform the services over two (2)4- hour segments on non-consecutive days in each Town; however, the schedule may change depending upon circumstances. If the Town of Windermere would like to use more than the weekly eight(8)hours per week, the Town will pay an overtime rate of $49.67/hour. This is dependent upon the workload of the Code Enforcement Officer. Approved on Consent. Motion carried 5-0. 3. Approval of a Resolution Establishing Fees for Zoning Verification Letters. (Development Services Director Rumer) Historically City staff has answered requests for zoning and land use verification and at times additional information pertaining to a parcel through either a zoning verification request or public record request. The frequency of requests has been manageable and has been provided free of charge unless it was a part of a larger public records request, which can have fees assessed based on staffs time to provide documentation. As the economy has flourished and property transactions have picked up, the frequency of and items requested has reached a point that staff is recommending assessing fees as provided for in Section 1-14 of the City of Ocoee Code of Ordinances, which authorizes the imposition of record search fees related to property located within the city. Staff reviewed the zoning verification fees from surrounding local governments and is suggesting the following two (2) fees be adopted by resolution; 1) Standard Zoning Verification Letter - $50.00, and 2) Detailed research (Certificate of Occupancy, Variances, site plans etc.) Zoning Verification Letter-$125.00. Approved on Consent. Motion carried 5-0. 61 Page Regular City Commission Meeting December 3, 2019 4. Approval of a Business Tax Software Program from Clear Village, Inc., (Capital Purchase). (Development Services Director Rumer) Currently Business Tax Receipts FKA Occupational Licenses are required per Chapter 119 of the City Code of Ordinances. The Development Services Department, Building Division administers the processing through the ADG (American Data Group) program. The City has been working with Clear Village who provides permitting software to the City for a Business Tax Receipt program that would provide an upgrade from what is offered through ADG. The new software will allow the online processing of applications and renewals. Funding for the Clear Village Business Tax Software was approved under the budget for fiscal year 2018-2019. The Clear Village Software product rollout is underway, but was not completed prior to October 1,2019,which kept the Purchase Order from being paid. Approved on Consent. Motion carried 5-0. 5. Approval of the Florida Department of Health EMS Matching Grant for the Purchase of Two (2) LUCAS Chest Compression Systems. (Fire Chief Miller) The Ocoee Fire Department has been awarded a matching(75%/25%)grant through the Florida Department of Health. The award is for two (2) LUCAS 3.0 Chest Compression Systems which allow for hands-free CPR to patients in cardiac arrest. The City has already received the State's contribution of$24,992.80. As part of the award, the Fire Department is responsible for 25%of the total cost($4,153.80 per unit—two (2) units total$8,307.60). The State contribution is$24,992.80 for a total cost of$33,230.40. Approved on Consent. Motion carried 5-0. 6. Approval of Clinic Operations to Crowne Consulting Group, Inc. (Human Resources Director Williford) In 2007,the City executed a contract with Crowne Consulting Group to operate the City's newly constructed employee clinic (revised/re-executed in 2010). In subsequent years, the Crowne Group merged with CareHere and the contracts were assigned as required to continue with their clinic operations. The City's contract continues on a year-to-year basis. In 2018, CareHere and the Crowne Consulting Group separated into distinct entities, and their clinic operations were divided between the two companies. The City requested our clinic operations be assigned back to our original contractor(Crowne);however, CareHere did not honor our wishes and continued to serve as our clinic operator. Due to the expiration of a noncompete clause, the Crowne Consulting Group is now able to serve as our clinic operator once again. Since the bulk of the City's experience in clinic operations has been handled in an exemplary manner by Crowne, staff is of the opinion that clinic operations should be moved to Crowne once again. In addition, Crowne has a contractual provision with CareHere whereby they can maintain the existing medical staff at the clinic. Commissioner Oliver inquired why an RFP was not performed, feeling it would have given the Commission options prior to approving this item. City Manager Frank explained Crowne Consulting Group, a local company, has handled the bulk of the City's experience in clinic operations, and has done so in an exemplary manner, and noted that the separation from the City was by no fault of their own. He additionally shared when the merger took place against the City's wishes, it was assigned to Care Here. He acknowledged that the Commission could request an RFP but asked if it could be done next year, and warned it is a fairly intensive process to determine if there would be any cost-saving to select a new firm; and further, expressed concerns due to the fact that several doctors-patient relationships have been established, and changing firms could mean new formulary procedures. Approval of Items #6, #7, #8, and #9. Motion carried 4-0 with Commissioner Wilsen away from the dais. 71 Page Regular City Commission Meeting December 3, 2019 7. Approval of Reappropriating Capital Funding for the Vignetti Park Ballfields. (Parks and Recreation Director Johnson) As part of improvements for the Vignetti Park ballfields, the Parks & Recreation Department replaced all fencing and backstops for the fields. The projects were allotted$125,000 for fence replacement and$75,000 for backstops. The City completed both projects and saved a total of$102,884.40 on the projects combined. Staff is requesting the remaining amount of these projects ($102,884.40) be re-appropriated for the Vignetti Park ballfields to complete the remodel of those fields. These improvements would include new scoreboards, foul poles, Bermuda turf, infield clay, concrete, dugout/spectator shade, netting, bulbs for lights, and other safety fencing around the ballfields. Commissioner Oliver inquired how much was allocated within the fiscal year 2020 budget for this item. Parks and Recreation Director Johnson shared the funds for this item were carried over from a previous fiscal year. City Manager Frank explained the Capital Funds for this project were approved in the 18/19 Budget, however, the project was not completed prior to the end of the year, therefore they were moved into the following fiscal year (FY 19/20) awaiting completion. He further noted this request was to re-appropriate the remaining balance for similar improvements. Commissioner Brinson thanked Parks and Recreation Director Johnson for saving the City money, and sought knowledge on why there was a large additional amount left-over; and further, wanted to know how the Commission could determine if they are making the appropriate legal choices when re-appropriating funds. City Manager Frank explained any money left over that is re-appropriated must be used for a similar project. He further shared that the City has a procedure in place where all purchases go through an extensive review process prior to being presented before the Commission, if necessary, review by the City Attorney, and lastly approval from the City Manager. Commissioner Brinson further inquired if this purchase violates any policies? City Manager Frank shared staff would never place an item before the Commission that would knowingly violate a policy. Approval of Items #6, #7, #8, and #9. Motion carried 4-0 with Commissioner Wilsen away from the dais. 8. Approval to Piggyback off US Communities/Omnia Contract for Installation of Security Cameras with Infinity AV & Security at Central Park. (Parks and Recreation Director Johnson) As part of improvements for Central Park, the Parks and Recreation Department is proposing to install security cameras to help increase security and reduce vandalism. Staff is requesting permission to piggyback off the US Communities/Omnia Contract #4400006645 for the installation of security cameras by Infinity AV & Security for these services. Infinity AV & Security has submitted a proposal to supply and install the security cameras in accordance to the plans, with unit pricing, in the amount of$61,610.51, based upon the contract. Commissioner Oliver inquired if the funds for this item were approved within the 19/20 Budget. Parks and Recreation Director Johnson replied the funds for this item were carried over from the previous year. 81 Page Regular City Commission Meeting December 3, 2019 Commissioner Oliver then questioned where unused funds go at the end of a fiscal year. City Manager Frank explained Capital Funds are transferred over to the following fiscal year, and are specifically allocated to the approved individual project. Approval of Items #6, #7, #8, and #9. Motion carried 4-0 with Commissioner Wilsen away from the dais. 9. Approval to Piggyback off City of Orlando Police Department Contract for the Purchase of Uniforms with Galls. (Police Chief Brown) The City Manager's approval authority was exceeded for a single vendor. The City of Ocoee Police Department purchased uniforms totaling$89,870.68 from Galls. The City of Ocoee Fire Department and the Parks and Recreation Department had additional purchases totaling $3,862.50 from the same vendor. The combined purchases exceeded the City Manager's approval authority for a single vendor. Since the total amount spent at Galls is over the City Manger's approval threshold, entry into a contract is required by either obtaining three quotes,using a sole source, or with a piggyback contract. Commissioner Oliver questioned what the total amount was that exceeded approval for the purchase of uniforms. Police Chief Brown clarified the amount presented is below the department's $94,500 budgeted amount; however, the City's purchasing policy requires that any single vendor purchase over $50,000 must seek the Commission's approval. He shared that the total amount, $89,870.68 also includes purchases from both the Fire Department and Parks and Recreation. He then explained that the City was able to piggyback off the City of Orlando's contract to reduce the overall cost. Commissioner Oliver again asked how much over the allowed $50,000 this request was. Police Chief Brown shared total it is roughly $39,000 over the amount the purchasing policy allows without the Commission's consent. Commissioner Oliver then asked why staff sought approval to piggyback versus approval to use a sole source. City Manager Frank replied, a sole source is not something the City would want to do unless it was their only option; and further, explained a large city, such as Orlando, can typically contract a better price break due to the total volume purchased. Approval of Items #6, #7, #8, and #9. Motion carried 4-0 with Commissioner Wilsen away from the dais. 10. Approval of FDOT 2019 Florida's Bicycle Pedestrian Focused Initiative Grant for High Visibility Enforcement to Reinforce Pedestrian, Bicycle and Driver Safety. (Police Chief Brown) This year $5.000.00 has been made available for the City of Ocoee Police Department through Florida's Bicycle Pedestrian Focused Initiative-Communication and High Visibility Enforcement Grant. The purpose of the grant is to reinforce safe pedestrian, bicyclist, and driver behaviors in priority counties in Florida. Orange County is considered a priority county due to the number of serious injuries and deaths of pedestrians and bicyclists. The Letter of Agreement and Contract must be signed by the Mayor. If approved, the City of Ocoee Police Department will receive $5,000.00 to conduct high visibility education and enforcement on specific areas of West Colonial Drive and Silver Star Road to reduce traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists. Approved on Consent. Motion carried 5-0. 91 Page Regular City Commission Meeting December 3, 2019 11. Approval of Memorandum of Understanding for E 911 Systems with Orange County Sheriff's Office. (Police Chief Brown) House Bill 441 passed by the Florida Legislature this year and requires Orange County Sheriff to enter into Memorandums of Understanding with each agency or governmental entity within the Sheriffs jurisdiction that dispatches first responders. The Memorandum of Understanding confirms that the signing agency is able to transmit directly on each other's communications' system. The Police Department contracts dispatching services from the Winter Garden Police Department. Winter Garden Police Department has the capabilities for the immediate broadcasting of public safety information over primary radio dispatch channels of each first responder within their service area. As such, the Police Department would be exercising Statement Option 3 as detailed in the Memorandum of Understanding's Attachment A. Approved on Consent. Motion carried 5-0. 12. Approval of a Contract with MCCi to Upgrade the City's Laserfiche Electronic Document Management System for Software, Installation, Training and One (1) Year of Technical Support. (Support Services Director Butler) The Adopted FY 2020 Budget for capital expenditures includes $60,000 to upgrade the City's Laserfiche electronic document management system. The purpose of the upgrade is to enhance the existing capabilities to include new features, such as the ability to create digital forms, greatly improve staff's ability to retrieve information, establish a public portal for document requests, add workflow management for document processing, and increase the number of simultaneous users. The cost of the new software enhancement is a net of$40,707.39 after considering the present value of our existing Laserfiche software licenses. Staff also recommends that the upgrade include $15,250 for professional services related to staff training, workflow configuration for up to 15 document types. Together, the total recommended expenditure is $55,957.39, which is less than the approved budget allocation. Approved on Consent. Motion carried 5-0. 13. Approval of a Contract with CenturyLink for Voice and Data Network and Technical Support for a Three-year Term and to Provide a Hosted VOIP Telephone Service for a Five-Year Term. (Support Services Director Butler) The City's existing voice and data network management contract with CenturyLink will expire in January 2020. This system uses the CenturyLink Managed Office product offering and includes an integrated voice and data network. The service presently connects all staffed city locations served directly by CenturyLink and, through an extension over Spectrum cable television service, to Fire Station 26, which is in the AT&T local exchange calling area. All network and desktop telephone equipment is provided under lease from CenturyLink and is managed by them from a remote location. The present contract is based on a price of $55 per telephone, which includes the embedded cost of furnishing and operating the voice/data network. The new contract price is about $20 per phone. The proposed network backbone solution is for the City to own and directly manage the physical network consisting of firewalls, routers, and switches with equipment warranty service and advanced technical support being provided by CenturyLink. This network structure will be physically similar to what is in place now, but will allow greater control by the City to make common network revisions needed to accommodate evolving City needs. A separate system using a combination of CenturyLink and Spectrum service capabilities with Verizon cellphone backup is used by the Ocoee Utilities Department for supervisory control and data acquisition (SCADA) related to their facilities. The SCADA system is managed by City IT staff. The SCADA system will remain separate under the proposed new network solution. Approved on Consent. Motion carried 5-0. 10IPage Regular City Commission Meeting December 3, 2019 14. Approval of RFQ #19-008 Construction Manager at Risk for Fullers Cross Road and Ocoee-Apopka Road Intersection Improvements Guaranteed Maximum Price Contract Authorization. (Public Works Director Krug) The Commission awarded the Construction Manager at Risk(CMR)contract for the Fullers Cross Road and Ocoee-Apopka Road Intersection Improvements at the September 17, 2019 meeting to Oelrich Construction, Inc., (Oelrich), and approved the pre-construction services portion of the contract on November 5, 2019. Oelrich, VHB Engineers and City staff are diligently working on the next step in the CMR process which is to negotiate the Guaranteed Maximum Price and completion dates based on a collaborative value engineering process of all involved. Due to existing conditions encountered in the field, the team has spent additional time evaluating alternatives to complete the project within budget meeting industry standards and determine a construction start date. It is in the interest of the City to expedite the project once the GMP is finalized and Staff is requesting Commission authorization for the City Manager to present the GMP to the Mayor for execution if within budget. The design and construction are estimated to total $1 million. Orange County is funding fifty percent (50%) of the project up to a maximum of$500,000.00. The design fee is $212,600.00, and pre-construction fee $10,862.00, leaving $776,538.00 for the construction. The City Manager will provide a briefing to the Commission at the meeting following the finalized GMP being executed by the Mayor. The elements of the project include adding left and right-turn lanes, stormwater improvements and new traffic signalization. Approved on Consent. Motion carried 5-0. Mayor Johnson called a short recess from 9:09 pm to 9:20 pm PUBLIC HEARING - None FIRST READING OF ORDINANCES - 9:20 Pel 15. First Reading of Ordinance Amending and Restating in Full the City of Ocoee Municipal General Employees' Retirement Trust Fund. (Second Reading and Public Hearing scheduled for December 17, 2019, Regular Commission Meeting at 6:15 pm or soon thereafter.) (Municipal Pension Board Chair Cowan) At their meeting held on November 6, 2019, the General Employees' Retirement Board reviewed and approved the proposed ordinance which deals primarily with definition changes for compliance with the Internal Revenue Code (IRC), clarify certain language and restate all previous Ordinances amendments of the Plan into one document. The following proposed amendments are as follows: • Section 1, Definitions, clarifying the definition of"Spouse" and move the definition of"Credited Service" to Section 8, Vesting,regarding the rights of employees who terminate service prior to retirement. • Section 2, Membership,to limit those individuals eligible to opt-out of the system,to comply with present Internal Revenue Code Treasury Regulation requirements. • Section 8, Vesting, clarifying the rights of vested and non-vested employees who terminate service prior to retirement. • Section 14, Maximum Pension, Subsection 8,the limitation mirrors the language in the IRC. • Section 16, Miscellaneous Provisions, add Subsection 9, Missing Benefit Recipients. This provision is in accordance to IRS Programs Compliance Memorandum. • Section 24, Reemployment After Retirement, to comply with the Internal Revenue Code qualification requirements and clarify reemployment after receipt of early retirement benefits. • Section 25, Deferred Retirement Option Plan, remove Subsection 6.H, clarifying that once a member participates in the DROP program,no changes to his/her form of benefit is permitted,and clarify members whose participation commenced on or after September 18,2012,will be credited on a monthly basis. 11 IPage Regular City Commission Meeting December 3, 2019 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 December 17, 2019, at 6:15 PM or soon thereafter. (Later in the meeting, the December 17, 2019 meeting was canceled and this item was rescheduled to January 7, 2020.) 16. First Reading of Ordinance Amending the City of Ocoee Municipal Police Officers' & Firefighters' Retirement Trust Fund Reflecting Internal Revenue Code (IRC) Changes and CBA Revisions from Previous Years. (Second Reading and Public Hearing scheduled for December 17, 2019, Regular Commission Meeting at 6:15 pm or soon thereafter.) (Police Chief Brown) The City of Ocoee Municipal Police Officers' &Firefighters' Pension Board has reviewed and approved the proposed ordinance which deals primarily with definition changes for compliance with the Internal Revenue Code and changes agreed upon in collective bargaining agreements with the City of Ocoee and the respective bargaining units from the police and fire departments. The proposed amendments are as follows: • Section 1, Definitions,clarify and the definition of"credited service." • Section 7 & 8, Pre-Retirement Death and Disability, amended to more clearly identify those individuals who may be eligible to apply for a disability pension in the event they have resigned or employment is terminated. • Section 9, Vesting, clarifying rights of vested & non-vested employees who terminate service prior to retirement. • Section 15,Maximum Pension,the limitation mirrors the language in the Internal Revenue Code. • Section 17, Miscellaneous Provisions, Missing Benefit Recipients. This provision is in accordance to IRS Programs Compliance Memorandum. • Section 27, Deferred Retirement Option Plan, clarifying that once a member participates in the DROP program, no changes to his/her form of benefit is permitted. • Section 29, Reemployment After Retirement, amended as required by IRC. • Section 30, Supplemental Benefit Component for Special Benefits, amended to provide that a member who has less than seven years of Credited Service and terminates service with the City shall forfeit his individual Member Share Account. 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 December 17, 2019, at 6:15 PM or soon thereafter. (Later in the meeting, the December 17, 2019 meeting was canceled and this item was rescheduled to January 7, 2020.) SECOND READING OF ORDINANCES—PUBLIC HEARINGS - 9:22 P sl 17. Second Reading of Ordinance for Daka Property - 8807 Hackney Prairie Road Annexation & Rezoning, Project No(s): AX-09-19-85 & RZ-19-09-11. (Advertised in the West Orange Times on Thursday, November 21, 2019 and Thursday, November 28, 2019.) (Development Services Director Rumer) This proposed annexation and rezoning is located on the north side of Hackney Prairie Road approximately 2,683 feet east of N. Clarke Road, next to Prairie Lake Elementary School. The Parcel ID Numbers are 03- 22-28-0000-00-052 & 03-22-28-0000-00-101. The parcels total approximately 2.13 acres, and one parcel has one(1) existing single-family home. The subject property is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the north, east, and south. The proposed 12 ' Page Regular City Commission Meeting December 3, 2019 annexation is a logical extension of the City limits,urban services can be provided,and the annexation meets state and local regulations. The parcels are currently zoned Orange County Rural/Agricultural(A-1), and the proposed rezoning is City of Ocoee Low Density Residential (R-1A). The applicant is annexing into the city limits as a condition to receive a city potable water connection. a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance Development Services Director Rumer presented a brief overview of this proposed annexation and rezoning for 8807 Hackney Prairie Road, which is located on the north side of Hackney Prairie Road approximately 2,683 feet east of N. Clarke Road. The subject property is considered contiguous to the City of Ocoee as it is bordered by property located within the City limits on the north, east, and south. 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 parcels are currently zoned Orange County Rural/Agricultural (A-1), and the proposed rezoning is City of Ocoee Low-Density Residential (R-1A). The applicant is annexing into the city limits as a condition to eventually receive a city potable water connection. City Attorney Cookson read the title of the annexation ordinance. The public hearing was opened. As no one wished to speak, the public hearing was closed. a) Second Reading of Annexation Ordinance Motion: Move to adopt Ordinance No. 2019-035, Daka Property - 8807 Hackney Prairie Road Annexation, Project No: AX-09-19-85; Moved by Commissioner Oliver, seconded by Commissioner Wilsen; Motion carried unanimously. b) Second Reading of Rezoning Ordinance City Attorney Cookson read the title of the rezoning ordinance. The public hearing was opened. As no one wished to speak, the public hearing was closed. Motion: Move to adopt Ordinance No. 2019-036, Daka Property - 8807 Hackney Prairie Road Rezoning, Project No: RZ-19-09-11; Moved by Commissioner Oliver, seconded by Commissioner Brinson; Motion carried unanimously. 18. Second Reading of Ordinance Amending the Land Development Code (LDC),Article III, Subsection A of Section 3-2, Regarding an Alternate Board Member on the Planning and Zoning Commission/Land Planning Agency. (Advertised in the West Orange Times on Thursday, November 21, 2019.) (Development Services Director Rumer) On May 15, 2018, the City Commission adopted an Ordinance which amended Section 3-2 and Section 3-3 of the City of Ocoee Land Development Code, which amended the following: establishment and membership of the Planning and Zoning Commission, abolished the Board of Adjustment,revised the duties of the Planning and Zoning Commission, and incorporated the rules from Ordinance 89-19 into the Code. The adopted Ordinance consisted of changing the Planning and Zoning Commission from a nine(9)member 13 ! Page Regular City Commission Meeting December 3, 2019 Commission to a five (5) member Commission. The City is proposing to amend the Land Development Code and add a provision to Article III, Subsection A of Section 3-2 to appoint six(6)members to comprise the Planning and Zoning Commission, including one (1) alternate member appointed by the City Commission, as well as maintaining the (1) non-voting member appointed by the School Board of Orange County. The new alternate member would be required to attend and participate in Planning and Zoning meetings with the exception of holding a nonvoting status unless: i) a quorum is not met or ii) a voting conflict is made by a member. Development Services Director Rumer explained the Commission recently reviewed two applications for a vacant position on the Planning and Zoning Board. During that review, Brad Lomneck was appointed to the Board as a full member, and Lou Forge was appointed as an alternate member. Staff was then directed to create an ordinance to make the alternate member an active part of the Planning and Zoning Commission. This proposal will require the alternate member to attend meetings, allow them to provide feedback, and join in the discussions. When there is a full quorum, the alternate will not be able to vote; however, if a regular member has a conflict or is absent, they will then be able to vote. 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 Ordinance No. 2019-037, amending the Land Development Code (LDC), Article Ill, Subsection A of Section 3-2, to appoint an alternate board member on the Planning and Zoning Commission/Land Planning Agency; Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion carried unanimously. REGULAR AGENDA - 9:2S 1'09 19. Discussion and Direction Regarding Property Located at 441 Basking Ridge Court. (City Attorney Cookson) The City currently mows and maintains the approximately one (1) acre cemetery property located at 441 Basking Ridge Court. Due to the historical significance of the property to City residents, the City Attorney recently attempted to contact the owners of record to request they donate the property to the City so that the City could install passive improvements on the property(such as a bench, gazebo, or other similar use). The initial letter, which was sent to the addressee per the Orange County Property Appraiser's records, was returned by the post office as undeliverable. The second letter, which was sent to the post office box address on the deed of record, was not returned; however,the City Attorney's office has received no response to the letter. The Property Appraiser lists the cemetery property value at $9,270.00. Staff has assessed other options and has consulted with the City's eminent domain attorney. An option for the City to acquire the property is for the City to proceed in eminent domain. This process would take six to nine months and would probably cost between$15,000 and$20,000. Commissioner Oliver requested to table this item until January 2020, as he foresaw it would trigger a lengthy discussion. City Manager Frank explained postponing to a date certain would be acceptable to Staff He shared this is an item that the Commission directed Staff to research and bring back regarding the African American Cemetery. 14IPage Regular City Commission Meeting December 3,2019 Motion: Move to table the Discussion and Direction Regarding Property Located at 441 Basking Ridge Court until January 7, 2020; Moved by Commissioner Oliver, seconded by Commissioner Wilsen; Motion carried unanimously. STAFF ACTION ITEMS - None COMMENTS FROM CITIZENS/PUBLIC — Heard out of Agenda Order after Commissioners Announcements COMMENTS FROM COMMISSIONERS - 9:30 i'r i Commissioner Brinson — Announced that he has received multiple comments from residents regarding what a great job the Commission is doing, and added many citizens realize that it is a difficult job which requires a large amount of effort. He then thanked the residents and the Commission for their support. Commissioner Wilsen — 1) Announced the City of Ocoee's Operation Santa is in full swing, and encouraged residents to please support the cause by donating a new unwrapped gift to the sleigh as they swing by your neighborhood. 2) Inquired if canceling the December 17th City Commission Meeting would be a concern. City Manager Frank shared there were no foreseeable concerns. City Attorney Cookson reminded the Commission to move the two second readings scheduled for December 17, 2019, to January 7, 2020. Motion to cancel the December 17, 2019 meeting and reschedule the two Second Readings to January 7, 2020. Moved by Wilsen, seconded by Commissioner Firstner, Motion carried 5-0. 3)Wished everyone a Merry Christmas and a Happy New Year, and shared that she looked forward to seeing everyone on January 7, 2020, at 5:15 PM for the first Workshop. Commissioner Firstner—None Commissioner Oliver — 1) In light of the lengthy discussion that took place this evening, he quoted "without struggle there is no progress", and shared that he believed he saw some very healthy progress this evening. 2) Wished everyone a safe and Happy Holiday season. Mayor Johnson — 1) Announced he would like to meet with the Founders' Day Committee regarding several concerns that were addressed during the meeting, and reiterated that the dates have been changed to support the events in which the Human Relation Diversity Board is planning a remembrance event honoring July Perry and other victims of the 1920 Massacre. He shared that during their break, Mr. Nunn, a descendant of July Perry, agreed to participate with the Human Relation Diversity Board. He acknowledged initially he was not in support of a name change, as multiple residents have emphasized they would like to see Founders' Day continue as it has for many years, but noted he is not against changing the name; however, feels the committee members who put in countless hours organizing the event deserve to be a part of the decision. He stressed that the name Founders' Day has nothing to do with those who founded the City, and explained the sole intent of the event is to celebrate the existence of our great City. He agreed at times difficult discussions need to take place, but stressed during his 33 15IPage Regular City Commission Meeting December 3, 2019 • years in government he believes the current Commission operates in a fair manner for the betterment of the City. 2) Wished everyone a Merry Christmas. ADJOURNMENT - 9:38 I'\I • APPROVED: Attest: City of Ocoee /74a Melanie Se3itt, City Clerk Rusty Johnso1, 16IPage