01-07-2020 Regular City Commission Minutes MINUTES
REGULAR CITY COMMISSION MEETING
JANUARY 7,2020
CALL TO ORDER- 6:20 PM
Mayor Johnson called the regular session to order at 6:20 PM in the Commission Chambers of
City Hall. The invocation was led by Reverend M. L. Rasberry, Sr. 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:Mayor Johnson,Commissioner Brinson,Commissioner Wilsen, Commissioner Firstner,
Commissioner Oliver
Also Present: Assistant City Manager Shadrix, City Attorney Cookson, City Clerk Sibbitt
PRESENTATIONS AND PROCLAMATIONS - None
STAFF REPORTS AND AGENDA REVIEW- None
COMMISSIONERS ANNOUNCEMENTS - 6:23 PM
Commissioner Brinson—None
Commissioner Wilsen—None
Commissioner Firstner—None
Commissioner Oliver—None
Mayor Johnson—Announced the following:
1) Request for appointment of representative onto the MetroPlan Orlando's Municipal Advisory
Committee (MAC). Commissioner Firstner is currently designated to represent the City on this
committee.
Motion: Move to reappoint Commission Firstner as the representative on the
Metroplan Orlando's Municipal Advisory Committee. Moved by Commissioner
Wilsen, seconded by Commissioner Brinson; Motion carried unanimously.
2) The City of Ocoee's Martin Luther King, Jr. Parade date, time, and location.
3) The City of Ocoee's State of the City Report date, time, and location.
COMMENTS FROM CITIZENS/PUBLIC - 6:27 PM Heard out of Agenda Order
The following persons addressed the City Commission with regard to the Founders' Day event:
- Cynthia Harris
- Anthony Hodges
- Russell Drake
- Kathleen Crown
- Kenneth Thompson
Regular City Commission Meeting
January 7, 2020
- Shen-all Applegate
- Rev. Barbara Bey
- William Maxwell
- Mandi Sellars
- Bill Chambers
- Chris Adkins
- Lloyd Hollingsworth
- Wes Hodge
- Michael Dinkle
Each member of the Commission shared their personal views on the comments made by the
public. Additional Founder's Day discussion ensued with regard to the date selected, having
financial transparency, past entertainment, renaming the event, and the reason behind the
Founders' Day event.
Motion: Move for the removal of Founders' Day from the first week in November
henceforth and forevermore in keeping with the proclamation that was resolved
by this Honorable Commission and signed by the Mayor on November 20, 2018.
Moved by Commissioner Oliver; seconded by Commissioner Brinson.
After a brief discussion; Motion failed 2-3 with Mayor Johnson, Commissioner
Wilsen, and Commissioner Firstner opposing.
Mayor Johnson called a short recess from 7:39 pm to 7:52 pm
CONSENT AGENDA - 7:52 PM
Consent Agenda Motion
Motion: Move to approve the Consent Agenda Items #1 - #6.
Moved by Commissioner Firstner, seconded by Commissioner Oliver; Motion
carried 5-0.
1. Approval of the Minutes for the Regular Commission Meeting held December 3,2019.
(City Clerk Sibbitt)
Approved on Consent. Motion carried 5-0.
2. Approval of Reappointments to the Citizen Advisory Council for Ocoee Police
Department (CACOPD). (City Clerk Sibbitt)
Members of the Citizen Advisory Council for Ocoee Police Department(CACOPD) serve three-year terms.
The Resolution creating the Board allows no more than fifteen(15)members. Currently the board has eight
(8) members and one application on file. The terms of Member Cory Garone and Member Warren Lewis
expire in January of 2020. Member Garone attended 6 of 6 meetings and Member Lewis attended 5 of 6
meetings in 2019. Both members have indicated they are willing to serve another three-year term, if
reappointed.
Approved on Consent. Motion carried 5-0.
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Regular City Commission Meeting
January 7, 2020
3. Approval of the Aycock Mediated Settlement Agreement. (Assistant City Manager
Shadrix)
The City needs to acquire Parcel 105 from Richard and Jane Aycock through an eminent domain Order of
Taking. The final valuation of the property acquired needs to be resolved either through mediation or jury
trial. The property is needed for the Downtown Master Stormwater Pond.
Approved on Consent. Motion carried 5-0.
4. Approval to Sell Property at 8815 Hackney Prairie Road Purchased for Stormwater
Mitigation. (Public Works Director Krug)
The City purchased the property at 8815 Hackney Prairie Road on May 7,2019 in order to provide a solution
to a drainage issue due to a City pond encroaching on a portion of the property. The City Public Works
Department investigated options to enlarge the capacity within the footprint of the existing land locked pond
and conservatively estimated the costs would be from$500,000 to$750,000. While working on a solution to
the flooding, the property owners offered to sell the property. The City Commission approved the property
purchase on May 7,2019,for the City appraised value of$490,000.The City received a Letter of Intent(LOI)
on December 16,2019,to purchase the property for$360,000.00,minus up to one(1)acre for the area needed
for drainage. City Staff has reviewed the LOI and finds the offer acceptable.The City has initiated a boundary
and topographic survey with Southeastern Surveying to designate the area needed for the drainage issue.The
area will be lessed out of the existing legal description and used for the sale contract and deed.Staff anticipates
the area being less than one(1)acre as the LOI provides.
Approved on Consent. Motion carried 5-0.
5. Approval to Award Ocoee Hills Road Pipe Repair Project to Schuller Contractors.
(Public Works Director Krug)
The metal stormwater drainage pipe on Ocoee Hills Road between Apricot Drive and Flewelling Avenue has
deteriorated to the extent the line must be replaced. The current Public Works Stormwater budget included a
$100,000 capital item for this project. The City designed the pipe replacement in-house and solicited pricing
from the City's Continuing Contract for Small Construction Services vendors. The City received three (3)
responses with the low bid from Schuller Contractors at$103,700.00.Public Works is requesting Commission
approval to award the work to Schuller and reallocate Stormwater funds from the General Stormwater System
Improvements Capital line to cover the additional costs of the project and any unanticipated change orders
which may be required for completion.
Approved on Consent. Motion carried 5-0.
6. Approval of Change Order No. 3 to Close the Lakeshore Center Expansion Project
and Reduce the Final Price by $28,952.22, RFQ #1801. (Support Services Director
Butler)
The Lakeshore Center Expansion project was substantially completed in May 2019 by The Collage Companies
serving as construction manager at risk,but a few minor problems and one major issue remained to delay final
completion by the contract deadline.The reduction in cost represents savings incurred during the project.The
original cost of the work, $3,872,245.00, was established as a Guaranteed Maximum Price (GMP)based on
the 95%plans and specifications.Given the expectation that design would continue during initial construction,
and that remodeling any structure reveals unexpected requirements, a design revision allowance was
established within the GMP for such changes. Other allowances and contingency amounts were provided
within the GMP for unforeseen requirements and components that were not yet included in the plans, such as
the audiovisual system. The end result was a savings of$28,952.22 across all allowances and contingencies.
Approved on Consent. Motion carried 5-0.
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January 7, 2020
PUBLIC HEARING - 7:52 PM
7. Request for Variance - Rotondo Property, 101 East Orlando Avenue,
Project No: VR-19-05. (Advertised in the West Orange Times on Thursday,December 26, 2019.)
(Zoning Manager Gajadhar)
The Rotondo property is located at 101 East Orlando Avenue,just south of the Ocoee Elementary School.The
applicant is requesting approval for a minimum required lot width variance from 85 feet to 79.69 feet as part
of a proposed lot split, which will result in three (3) lots; one with a width of 101.2 feet, the second with a
width of 85 feet, and the subject lot, with a width of 79.69 feet. The lot split will be approved based on a
commitment by the owners to deed a portion of the property to the City as a dedicated right-of-way.Adjacent
parcels to the south and west are approximately 75 feet width on average. The subject property exceeds the
10,000 square feet minimum lot size for R-1AAA zoning with approximately 18,958 square feet of space.The
surrounding properties are zoned as "R-IA, R-IAA, and R-1AAA" Single-Family Dwellings, with some
having a lot width of 75 feet.Granting a 79.69 feet minimum lot width variance to the applicant will allow for
construction of a single-family dwelling on the property. If a lot width variance is not granted,the applicant
will not meet zoning requirements in order to build a single-family residence leaving the parcel undeveloped
while all surrounding parcels consist of a single-family residence.
Zoning Manager Gajadhar presented the variance for consideration.
The following person addressed the City Commission:
- Scott Banta, applicant
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Motion: Move to approve a Variance for the Rotondo Property, 101 East Orlando
Avenue, Project No: VR-19-05; Moved by Commissioner Wilsen, seconded by
Commissioner Oliver; Motion carried unanimously.
FIRST READING OF ORDINANCES—8:00 PM
8. First Reading of Ordinance for Comfort Inn/Mainstay Suites - 11401 W. Colonial
Drive, Annexation and Rezoning; Project No(s): AX-11-19-85, RZ-19-11-13. (Second
Reading and Public Hearing scheduled for January 21, 2020, Regular Commission Meeting at 6:15 pm or
soon thereafter.) (Development Services Director Rumer)
This proposed annexation and rezoning consists of two (2) parcels that are generally located to the north of
State Road 50,south and east of Marshall Farms Road,and west of Maguire Road.Parcel 19-22-28-0000-00-
007 has one (1) existing structure, and Parcel 19-22-28-0000-00-008 is vacant. The Applicant is requesting
annexing into the City limits as a condition to receive City potable water connection and benefits.The subject
properties are considered contiguous to the City of Ocoee since they are bordered by property located within
the City limits on the west. 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 will receive a "C-2"
(Community Commercial) zoning upon annexation, because C-2 allows for hotels. Most of the surrounding
area is C-3 (Commercial).Both 2.3 acres are consistent with the City's regulations and Future Land Use Map
(FLUM).
a) First Reading of Annexation Ordinance
b) First Reading of Rezoning Ordinance
City Attorney Cookson read the titles of the Ordinances.
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Mayor Johnson announced the date and time for the second reading and public hearing to be
held on January 21, 2020,at 6:15 PM or soon thereafter.
9. First Reading of Ordinance for Amendment to the Capital Improvements Element
(CIE) for Fiscal Years 2019/2020—2023/2024 Capital Improvements Program (CIP).
(Second Reading and Public Hearing scheduled for January 21, 2020, Regular Commission Meeting at 6:15
pm or soon thereafter.) (Development Services Director Rumer)
The Capital Improvement Element(CIE)of the City of Ocoee Comprehensive Plan is a requirement of Chapter
163, Florida Statues (FS) and enables implementation of the Plan goals, objectives, and policies needing
capital funds for a 5-20-year planning horizon.Each year the table section of the CIE will be updated to ensure
that the adopted list of capital projects in the CIE matched the City's newly adopted fiscal year budget and
approved five-year Capital Improvements Program (CIP). The CIE does not propose any new projects not
previously reviewed and approved by the Commission. The Florida Legislature enacted legislation allowing
adoption of the annual amendment to the CIE to be adopted via ordinance and not be considered an amendment
to the Comprehensive Plan.
City Attorney Cookson read the title of the Ordinance.
Mayor Johnson announced the date and time for the second reading and public hearing to be
held on January 21, 2020, at 6:15 PM or soon thereafter.
SECOND READING OF ORDINANCES—PUBLIC HEARINGS - 8:04 PM
10. Second Reading of Ordinance Amending and Restating in Full the City of Ocoee
Municipal General Employees'Retirement Trust Fund. (Advertised in the West Orange Times
on Thursday, December 26, 2019.) (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 Internal Revenue
Code.
• 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.
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.
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Motion: Move to adopt Ordinance No. 2020-001 Amending and Restatinq in Full
the City of Ocoee Municipal General Employees' Retirement Trust Fund; Moved
by Commissioner Wilsen, seconded by Commissioner Brinson; Motion carried
unanimously.
11. Second 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. (Advertised in the West Orange Times on
Thursday, December 26, 2019.) (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 that they have resigned or their
employment is terminated.
• Section 9, Vesting, clarifying the rights of vested and 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.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Motion: Move to adopt Ordinance No. 2020-002 City of Ocoee Municipal Police
Officers' & Firefighters' Retirement Trust Fund; Moved by Commissioner Wilsen,
seconded by Commissioner Oliver; Motion carried unanimously.
REGULAR AGENDA - 8:08 PM
12. Approval of Development Agreement for Lake Lilly Center (FICA West End
Professional Park) . (Development Services Director Rumer)
Heller Brothers Groves currently owns several parcels within the city and has entitlements on these properties
based on past purchase agreements for right-of-way in lieu of eminent domain, vesting certificates, and an
approved PSP/FSP for West End Professional Park. More specifically, the West End Professional Park is
located on the south side of Old Winter Garden Road and is entitled to a Light Industrial subdivision
development with a zoning and land use of Light Industrial (I-1). Due to the proximity of the property to
Target Areas within the Community Redevelopment Agency(CRA), the City desires to foster a better-built
environment that will be beneficial to the City, CRA, and adjacent properties. In lieu of building out to its
potential as a light industrial development,the City has been negotiating on the future development program
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with Heller Brothers Groves.The City of Ocoee and Heller Brothers Groves desires to execute a Development
Agreement in order to address certain matters related to the development of the property known as West End
Professional Park including,but not limited to,the terms and conditions under which: (i)Lots 7— 13 may be
developed with multi-family uses as part of a Mixed-Use Development; and (ii) providing for the ability to
offer economic incentives to encourage and facilitate the redevelopment of the Property.
Development Services Director Rumer presented an overview of the proposed Development
Agreement for consideration and included in the recommendation final clean-up edits.
Motion: Move to approve the Development Agreement for Lake Lilly Center (FKA
West End Professional Park) per staffs recommendation; Moved by
Commissioner Firstner, seconded by Commissioner Wilsen; Motion carried
unanimously.
13. Residential Sanitation Update. (Public Works Director Krug)
The City Commission elected to expand the Commercial and Multi-family Solid Waste Franchise with Waste
Connections to include Residential Collection at the August 20,2019 meeting.Public Works is presenting an
update on the progress and is requesting consensus from the Commission on items to be brought back before
the Commission for approvals as consent items in the near future.Update items for discussion and consensus;
Start date,truck sales,Temporary Agreement to cover routes.
Public Works Director Krug provided a presentation update on residential sanitation. Update
items for discussion and consensus were start date, truck sales, and a Temporary Agreement to
cover routes.
The following person addressed the City Commission:
- Chris Adkins
Discussion ensued regarding the provisions for recycling, options for cost savings, and job
placement of the drivers who were affected.
Motion: Move to accept the start date per staffs recommendation; and further
authorize the City to negotiate a Temporary Agreement to cover City routes;
Moved by Commissioner Brinson, seconded by Commissioner Firstner; Motion
carried unanimously.
14. Discussion and Direction Regarding Property Located at 441 Basking Ridge Court.
(This item was tabled from the December 3, 2019, Regular City Commission meeting.)
(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.
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City Attorney Cookson summarized the attempts to make contact with the owners for the
property located at 441 Basking Ridge Court,and explained the steps needed should the City want
to acquire the property.
Discussion ensued with regard to the process utilized to contact the listed owners, the research
time frame, if improvements could be made to the property if not City owned, and a funding
source if City ownership is pursued.
Motion: Move to proceed with acquiring the property located at 441 Basking Ridge
Court; Moved by Commissioner Wilsen, seconded by Commissioner Oliver;
Motion carried unanimously.
STAFF ACTION ITEMS - None
COMMENTS FROM CITIZENS/PUBLIC — Heard out of Agenda Order after
Commissioners Announcements
COMMENTS FROM COMMISSIONERS - 8:30 I'M
Commissioner Oliver — Requested consensus for the mailing of a City-wide transportation
improvements handout. Discussion ensued with regard to the mailing cost, for which it was
decided that City staff would bring several options to consider to the January 21' City
Commission Meeting.
Commissioner Firstner — Announced the Hazardous Waste/Electronics Collection date and
location.
Mayor Johnson — Inquired about the completion of the Bluford Avenue road work, and the
commencement of the Fullers Cross Road intersection improvements. Assistant City Manager
Shadrix addressed the inquiries.
Commissioner Wilsen—Commented on the following:
1) Shared concerns about many holiday lights not working on Clarke Road. Assistant City
Manager Shadrix addressed this concern.
2) The Shred to Protect event date, time, and location.
3) The Spring Fling event date, time, and location.
Commissioner Brinson—Commented on the following:
1) Thanked all the citizens and residents that attended the meeting this evening.
2) Announced the importance of locking your car doors as crime sprees have increased.
3) Asked citizens to be mindful of where they park, as enforcement will begin for illegal parking
in various parts of the City.
4) Inquired about the Chevron property and the proposed development. Development Services
Director Rumer addressed this inquiry.
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Mayor Johnson—Commented on the following:
1)As a reminder, announced the Martin Luther King, Jr. Parade date, time, and location.
2) Shared concerns of a possible code violation on Orlando Avenue that City staff may want to
look into.
3) Thanked all the residents and the City Commission for their comments this evening.
ADJOURNMENT—8:54 PM
APPROVED:
Attest: City of Ocoee
/74.1,Aff‘zol_
Melanie Sibbitt, City Clerk Rusty Joh' ayor
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