Loading...
06-16-2020 Minutes MINUTES REGULAR CITY COMMISSION MEETING JUNE 16, 2020 CALL TO ORDER- 6:14 PM Mayor Johnson announced the following, "All interested parties are invited to be heard during the public comments and public hearing portion of the meeting. Due to the current State of Emergency regarding COVID-19, City Hall is closed to the public; however, the City requests the public to call or email comments and/or questions to 407-554-7118 or citizensna,ocoee.org." Mayor Johnson called the regular session to order at 6:15 PM in the Commission Chambers of City Hall. The invocation was led by Reverend Rasberry (telephonically), followed by the Pledge of Allegiance to the Flag led by Mayor Johnson. City Clerk Sibbitt called the roll and declared a quorum present. Present:Mayor Johnson,Commissioner Brinson,Commissioner Wilsen,Commissioner Firstner, Commissioner Oliver Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt PRESENTATIONS AND PROCLAMATIONS - 6:17 PM State Representative Geraldine Thompson addressed the City Commission regarding the Juneteenth Rally for Justice Event she is hosting June 19, 2020, at Bill Breeze Park. She provided a brief history on Juneteenth, which is an American holiday celebrated annually and commemorates the emancipation of enslaved people. The holiday was first celebrated in Texas, where on that date in 1865 in the aftermath of the Civil War slaves were declared free under the terms of the 1862 Emancipation Proclamation. State Representative Geraldine Thompson asked for the City's support and partnership in hosting this event. Mayor Johnson inquired on the time limit for speakers as he was invited to speak at the event. He further thanked the State Representative for agreeing to speak at the upcoming Ocoee Fall Music Festival on the history of the 1920 Massacre. Commissioner Oliver inquired what would be needed from the City to facilitate this event. State Representative Geraldine Thompson shared she would need assistance with managing the crowd, trash collection, and access to restrooms. Parks and Recreation Director Johnson explained he has been in contact with the Representative's assistant and will be sure to contact her to work out the details.A brief discussion ensued regarding funding to assist with cost, and it was shared that$1000.00 from the Continency Fund would be sufficient to cover staff time and port-o-potties. Motion: Move to approve City co-sponsor of the Juneteenth Rally for Justice Event, and transfer $1000 from Contingency Funds to cover staff time and port-o- potties. Also, authorize boat ramp and road closure; Moved by Commissioner Wilsen, seconded by Commissioner Oliver; Motion carried 5-0. Regular City Commission Meeting June 16,2020 Presentation of Park Accomplishments in 2020 Parks and Recreational Director Johnson provided a presentation on improvements that were completed in 2020 throughout various City parks. Deputy Development Services Director/CRA Administrator Corless concluded the presentation by summarizing the improvements proposed to Montgomery Park. The site plan was drafted based on public comments received from a park survey conducted by the City. A Dog Park is proposed for the Montgomery Park location, and will have many elements built into the park, which she explained in detail. After the presentation, the City Commission spoke in favor of the park improvements that were completed within their districts. Presentation on CIP Bond Issuance Procedures Finance Director Roberts provided an overview of the series bonds, and the financing and issuance process for the new City Hall. Mark Galvin, Regional Managing Director Public Finance HilltopSecurities Inc., was available telephonically to address any questions from the Commission. Commissioner Oliver inquired about the draw of the bonds for which Mr. Galvin explained, with the current interest rate being so low, it would be most beneficial to withdraw all the bonds at once and the City can invest those funds. Consensus of the City Commission was to approve moving forward with the bond financing as presented. STAFF REPORTS AND AGENDA REVIEW - 6:54 I'M City Manager Frank announced before them is a revised staff report for Agenda Item#6 and an emergency item. City Manager Frank briefly explained the difference in the revised staff report was that City staff expected the contract from MoneyGram to be provided before this meeting; however, it was not received. The staff report reflects the service fees involved to use MoneyGram, and to not hold up the execution of the agreement once received, City staff is asking that the City Commission authorize the Mayor to approve the agreement between the City and MoneyGram for payment collection and remittance services upon receipt after review by the City Manager and City Attorney. Motion: Move to approve Revised Item #6 as presented by staff; Moved by Commissioner Brinson, seconded by Commissioner Wilsen; Motion carried 5-0. Emergency Item #1 - Revised Consignment Agreement of Used Sanitation Trucks with Wastebuilt Environmental Solutions. (Public Works Director Krug) City Manager Frank briefly explained that at the last meeting on June 2, 2020, the City Commission approved a consignment agreement with Wastebuilt Environmental Solutions to maximize the value of the surplus vehicles. The Wastebuilt representatives did not fully comprehend the draft consignment agreement prior to Commission approval, and have requested a revision. Wastebuilt is requesting the City eliminate the five percent(5%) consignment fee and agree to the full sale values. Wage Regular City Commission Meeting June 16,2020 Motion: Move to approve Emergency Item #1, Revised Consignment Agreement of Used Sanitation Trucks with Wastebuilt Environmental Solutions; Moved by Commissioner Wilsen, seconded by Commissioner Oliver; Motion carried 5-0. COMMISSIONERS ANNOUNCEMENTS - 6:599 '9 Commissioner Brinson—None Commissioner Oliver— 1) Asked for a system to be in place for the Elected Officials to be able to meet with the City Attorney on Attorney Day.He shared his discontent with the current process. City Attorney Cookson shared he works at the Commissions pleasure, and can be contacted at any time they would like to speak with him. He shared he could also extend his time on Attorney Day to meet individually with Elected Officials. Commissioner Oliver requested that during his one on one meeting that he is briefed by the attorney on any items that pertain to his district. City Attorney Cookson advised he would address any items that he wishes to be briefed on. 2) Shared he is requesting that a disclaimer be placed on correspondences when an Elected Official is sending out a letter using City letterhead to a resident expressing their own personal thoughts. City Manager Frank shared that individual letterheads can be created for each Elected Official. A brief discussion ensued. Consensus of the City Commission was to create personal letterheads for each Elected Official. Commissioner Firstner—None Commissioner Wilsen—None Mayor Johnson—None COMMENTS FROM CITIZENS/PUBLIC No telephone calls or emails were received. CONSENT AGENDA - :2!0 1p Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 - #12 with Item #3 and Item #6 being pulled for discussion and separate consideration. Moved by Commissioner Oliver, seconded by Commissioner Wilsen; Motion carried 5-0. 1. Approval of the Minutes for the Regular Commission Meeting held June 2,2020. (City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 3IPage Regular City Commission Meeting June 16, 2020 2. Approval to Close on the Property Located on Ocoee Vista Parkway to Meritage Homes of Florida, Inc. (City Attorney Cookson) On March 19,2019,the City Commission approved a Purchase and Sale Agreement so that the City could sell 8.5 acres of property,located on Ocoee Vista Parkway,to Meritage Homes of Florida,Inc.(Buyer). Since that time,the Buyer has been working to obtain all the governmental approvals necessary for development of the property.Now that the preliminary/final subdivision has been approved,the necessary governmental approvals have been obtained so that the Buyer can close on the purchase of the property. In accordance with the Purchase and Sale Agreement the transaction is set to close on June 17,2020. Approved on Consent. Motion carried 5-0. 3. Approval of First Amendment to Development Agreement for Ciara Place at Lake Meadow. (Development Services Director Rumer) The Ciara Place at Lake Meadow subdivision received City Commission approval on May 15, 2018. The proposed development is located in the existing Prairie Lake PUD Track "G". Specifically, the property is located on the southwest corner of Hackney Prairie Road and Clarke Road and is approximately 21.13 acres in size.The Ciara Place at Lake Meadow project will be developed as a private,gated townhome community with fee simple ownership,proposes a total of 88 townhome units on approximately 21.13 acres. Previous to the approval of Ciara Place, the City approved a project called Lexington Park in 2011.Lexington Park at Ocoee was a proposed Assisted Living Facility that includes a Memory Care component, which will be developed in two phases. Phase I will consist of a single-story 54,000 square feet Assisted Living(Memory Care) Facility and Phase II will consist of a future multi-story Assisted Living Facility. A Development Agreement was approved with the plan that required easements and improvements to facilitate the Assisted Living Facility and Memory Care development. The First Amendment to the Development Agreement modifies the requirements of the Development Agreement to facilitates the development of the townhome subdivision. Commissioner Oliver shared that he opposed the original Development Agreement, and is standing by his original opposition as this does not include widening improvements to Clarke Road. City Attorney explained that this amendment modifies the requirements of the Development Agreement to facilitate the development of the townhome subdivision, and does not address Clarke Road widening improvements. Motion: Move to Approve Item #3. Moved by Commissioner Firstner, seconded by Commissioner Wilsen; Motion carried 4-1 with Commissioner Oliver opposing. 4. Approval to Direct Staff to Draft an Interlocal Agreement between Central Florida Expressway (CFX) Authority and the City of Ocoee for the Construction of a Portion of the Franklin Street Multipurpose Path Outlined in the MetroPlan Silver Star Road Complete Streets Study with Funds to be Allocated in the FY 2020-2021 Budget. (Deputy Development Services Director/CRA Administrator Corless) In 2019,the City Commission approved the MetroPlan Silver Star Road Complete Streets Study. This study identified the need to construct a 12-foot wide multipurpose path along the south side of Franklin Street,from East Crown Point Road east to Ocoee's Downtown.Earlier this year,CFX met with staff to discuss their plans to relocate the SR 429 off-ramp to Franklin Street from the south side of Franklin Street to the north side of Franklin Street. City staff requested CFX to consider including a 12-foot wide multipurpose path to which they agreed if the City committed to pay for the increased costs to change CFX's planned 5-foot sidewalk to a 12-foot wide multipurpose path. CFX is requesting for the City to provide assurances that the City will commit$586,241 in the FY 2020-2021 budget to construct the shared path. Approved on Consent. Motion carried 5-0. 4IPage Regular City Commission Meeting June 16, 2020 5. Approval of Payment Collection and Remittance Services with Amscot Corporation. (Finance Director Roberts) Amscot Corporation offers payment collection and remittance services at its approximately 20 retail locations within the City of Ocoee and others throughout the country, several of which are open 24 hours. Staff negotiated an agreement with Amscot to provide these services to the City's utility customers for a nominal minimum fee of $2.50, not to exceed $5.00 per transaction. This transaction fee is consistent with the convenience fee assessed by our on-line payment service ($2.95). Amscot will remit collections to the City daily via ACH. Payment files will be provided periodically throughout the day and will be uploaded to customer accounts at nearly real-time. Approved on Consent. Motion carried 5-0. 6. Approval of Payment Collection and Remittance Services with MoneyGram. (Finance Director Roberts) MoneyGram offers payment collection and remittance services at its approximately 5 retail locations within the City of Ocoee and others throughout the country, several of which are open 24 hours. Staff negotiated an agreement with MoneyGram to provide these services to the City's utility customers for a nominal fee of$1.50 per transaction. This transaction fee is lower than the convenience fee assessed by our on-line payment service (2.95%). MoneyGram will remit collections to the City daily via ACH. Payment files will be provided periodically throughout the day and will be uploaded to customer accounts at nearly real-time. Revised Item #6 Approved under Staff Reports and Agenda Review. 7. Approval of Resolution Establishing Rates for Collection and Removal of Oversized Yard Waste. (Public Works Director Krug) The City Commission approved the new Exclusive Franchise Agreement with Waste Connections (WC) for solid waste collection at the January 21,2020 meeting.The City and WC have worked to prepare a Resolution in accordance with the City's Solid Waste Ordinance to provide residents an optional method to dispose of yard waste debris that are in excess of the four (4) cubic yards of materials allotted for weekly collection. Residents are not required to utilize the City's residential franchise contractor; however, the resolution will provide a collection and removal rate of fifteen dollars($15.00)per cubic yard should residents elect to utilize the franchise contractor to handle excess debris. Approved on Consent. Motion carried 5-0. 8. Approval for Consignment of Used Sanitation Trucks. (Public Works Director Krug) The Commission declared certain Sanitation vehicles surplus at the March 17, 2020 meeting. In order to maximize the value of the surplus vehicles, Public Works requested the ability to utilize additional resources specializing in solid waste industry trucks along with the original suppliers for the sale of the vehicles. Container Systems&Equipment Co., Inc.,has approached the City to consign four(4)of the vehicles which were originally purchased through them. With the economy as it is, trucks are in demand and Public Works has determined the vendor can market the trucks better than through an open bid. Industry contacts have verified the pricing is the best value we can expect for these particular trucks which will be refurbished by the vendor before final sale.The minimum consignment prices are with a five percent(5%)fee paid to the vendor upon sale and a not-to-exceed expense of$2,500.00 per vehicle for marketing and/or refurbishment. Approved on Consent. Motion carried 5-0. 5IPage Regular City Commission Meeting June 16,2020 9. Approval of Resolution and State Highway Lighting,Maintenance and Compensation Agreement. (Public Works Director Krug) This agreement provides for funding from Florida Department of Transportation(FDOT)to the City to help defray the costs of street light operation and maintenance on several State highways within Ocoee's corporate limits. The work order under this Agreement will provide Ocoee with an annual payment of$42,674.22 for the 2020-2021 fiscal year,which represents a 7.8%increase over the current FDOT lighting supplement. Approved on Consent. Motion carried 5-0. 10. Approval of Fire Station 25 Roof Replacement. (Public Works Director Krug) The approved budget for 2019/2020 included a capital item for the replacement of the roof for Fire Station 25. Public Works solicited bids from several area roofing contractors and received two (2)proposals. Receiving only two proposals is not uncommon with the current nature of the construction industry where there is a vast amount of work for contractors to choose from. Public Works reviewed the proposals and found the costs to be in line with current industry standards.Public Works is requesting Commission approval to award the work to the lowest qualified contractor, Crew Pro Roofing, at their proposal cost of$69,950.00, which is within budget. Approved on Consent. Motion carried 5-0. 11. Approval of the Sale of Used Sanitation Truck. (Public Works Director Krug) The Commission declared certain Sanitation vehicles surplus at the March 17, 2020 meeting. In order to maximize the value of the surplus vehicles,Public Works requested the ability to utilize additional resources specializing in solid waste industry trucks. RDK Truck Sales specializes in the resale of used solid waste vehicles and has approached the City to purchase the remaining vehicle available for sale from the recently deactivated Sanitation fleet.With the economy as it is,trucks are in demand and Public Works has determined the RDK offer of$46,721.00 provides a better price than through an open bid. Industry contacts have verified the pricing is the best value we can expect for this particular truck"as-is". Approved on Consent. Motion carried 5-0. 12. Approval to Purchase Two Baffle Boxes from Ferguson Waterworks for the Stormwater Master Plan Project Improvements. (Public Works Director Krug) Part of the Stormwater Master Plan Improvements portion of the Downtown Master Plan include stormwater treatment upgrades. As the design of the improvements are reaching completion for bid, the stormwater upgrades for two projects will include the use of baffle boxes as part of the treatment system. These nutrient reducing devices have a long manufacturing lead time,and the City has purchased similar devices on previous projects in advance to expedite the construction process. Public Works has researched the available baffle box designs and have found the Ferguson design best meets the project requirements to collect debris,separate nutrients and skim oils from the water,which will expedite the construction process for the Downtown Master Plan improvements. Approved on Consent. Motion carried 5-0. PUBLIC HEARING -None FIRST READING OF ORDINANCES—None SECOND READING OF ORDINANCES—PUBLIC HEARINGS -None 6IPage Regular City Commission Meeting June 16,2020 REGULAR AGENDA - 7:30 1)\ 13. Discussion and Direction Regarding Property Located at 441 Basking Ridge Court. (City Attorney Cookson) The City currently mows and maintains the approximately 1-acre cemetery property located at 441 Basking Ridge Court. After unsuccessful attempts to contact the listed owners of the property, on January 7,2020,the City Commission requested that City Staff work with the City's eminent domain attorney to potentially acquire the property. The City has no present plans with respect to the cemetery property other than the potential installation of passive improvements on the property(bench,gazebo,or other similar use).The City's eminent domain attorney commissioned the required appraisal of the property. While the appraisal has not yet been finalized, it is anticipated that the appraised valued the property will be in excess of$60,000.00. City Staff originally anticipated the cost to acquire the cemetery property through eminent domain, if based on a valuation consistent with Property Appraiser's valuation, to be approximately $15,000 to $20,000. With an appraisal in excess of$60,000.00, City Staff now anticipates that the cost to acquire the cemetery property through eminent domain to be between $20,000 and $100,000. In the event the City does not acquire the property,the City could,as has been done for years,continue to maintain the property. City Attorney Cookson explained the appraisal process related to the eminent domain process for the property located at 441 Basking Ridge Court. While the appraisal has not yet been finalized, it is anticipated that the appraised value of the property will be in excess of$60,000.00. City Staff originally anticipated the cost to acquire the cemetery property through eminent domain, if based on a valuation consistent with Property Appraiser's valuation, to be approximately $15,000 to $20,000. With an appraisal in excess of$60,000.00, City Staff now anticipates that the cost to acquire the cemetery property through eminent domain to be between $20,000 and $100,000. In the event the City does not acquire the property, the City could, as has been done for years, continue to maintain the property. In addition, even without ownership, the City could install passive improvements such as a bench and/or gazebo. However, the installation of buildings or other structures that are not removable, or removable only at great expense, would not be advisable without ownership of the property. City Attorney Cookson briefly explained the factors in which the cost was determined and the efforts made by the attorney to contact the listed owners on the Property Appraiser's website. Further discussion ensued with regard to the purpose of acquiring the property and the historical value it holds. It was shared that the intent of the City has always been to install passive improvements. Members of the Commission voiced their concerns with regard to the appraisal of the property and the time frame for the eminent domain process. It was also recommended that the HRDB be included in making recommendations for the improvements to this property as they were involved with the Hallowed Ground monument. Motion: Move to cease the eminent domain action and continue to maintain the property; and further, direct City staff to draft a beautification plan and budget funds in the 20/21 Fiscal Year. Additionally, allow the HRDB to assist; Moved by Commissioner Oliver, seconded by Commissioner Brinson; Motion carried 5-0. 7IPage Regular City Commission Meeting June 16, 2020 STAFF ACTION ITEMS -None COMMENTS FROM CITIZENS/PUBLIC No telephone calls or emails were received. COMMENTS FROM COMMISSIONERS— 7:49 PM Commissioner Firstner—Commented on the following: 1)Encouraged residents to continue following the CDC guidelines, and to be a little kinder to one another during this time. Commissioner Wilsen—Commented on the following: 1) Florida League of Cities Conference has been changed to a one-day event. During that event nominations for President will take place. 2) Tri-League of Cities is hosting an Ethics Training at the Lakeshore Center on September 17th 3) Wished everyone a safe and happy 4th of July. Commissioner Brinson—Commented on the following: 1) Encouraged everyone to remain vigilant, follow the CDC guidelines, and stay safe. Commissioner Oliver—Commented on the following: 1) Asked for clarification on the February 4,2020, Agenda Item#6 with specific reference to the budget requested to proceed with the red-light camera collection process. City Manager Frank and Deputy Police Chief Plasencia addressed his concerns. 2) Encouraged residents to attend the Juneteenth Event being hosted by State Representative Geraldine Thompson on Friday, June 19th from 10 AM— 12 PM. 3) Announced Farm Share Event hosted by Senator Randolph Bracy is scheduled for July 16th, additional information is forthcoming. Mayor Johnson—Commented on the following: 1) In observance of Independence Day, City Hall will be closed on Friday, July 3rd 2) Announced the City Commission approved to reopen advisory boards and the City Commission meetings to the public beginning July 21 st, provided that CDC guidelines are followed. 3) The next Regular City Commission Meeting scheduled for July 7th has been canceled. 4) He shared that he was recently approached about the City's new slogan "One Ocoee", and noted that he was not aware of the change.Discussion ensued and Commissioner Oliver clarified that he uses the hashtag#OneOcoee on all of his social media posts to encourage unity within the community. 5)Noted that he believed in the right to protest peacefully, and shared with residents that a copy of the current police policy,procedures, and guidelines can be obtained through the Ocoee Police Department. 6) Shared there has been an increase in deaths from opioid drug overdose in the past week, and asked the Police Department to look into the matter. Wage Regular City Commission Meeting June 16, 2020 7) Announced Orange County School is working towards opening back up in August 2020. 8) Announced the next City Commission Meeting is on July 21st, and the Public will be invited to attend. ADJOURNMENT—S:0; i APPROVED: Attest: City o 1 coee .14(ifidA1/164 1401116 11P Melanie ibbitt, City Clerk Rusty Joh : i Mayor 9IPage