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10-20-2020 Minutes MINUTES REGULAR CITY COMMISSION MEETING OCTOBER 20,2020 CALL TO ORDER- 6:15 PM Mayor Johnson called the regular session to order at 6:15 PM in the Commission Chambers of City Hall. The invocation by Mayor Johnson, followed by the Pledge of Allegiance to the Flag led by Commissioner Wilsen. 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 Proclamation for Week of the Family—November 7-14 was proclaimed by Mayor Johnson. Proclamation for Julius `July' Perry Memorial Highway Designation was read and proclaimed by Mayor Johnson. Presentation - Commissioner Oliver gave a brief background on the success of the Ocoee Youth Council 2020 Graduating Members. He then presented each senior with a $500 scholarship. STAFF REPORTS AND AGENDA REVIEW -None COMMISSIONERS ANNOUNCEMENTS - 6:21 PM Commissioner Brinson—None Commissioner Wilsen—None Commissioner Firstner—None Commissioner Oliver—None Mayor Johnson—Announced the following: 1) In remembrance of the 100-Year Anniversary of the 1920 Ocoee Election Day Massacre, the City of Ocoee HRDB will present a four-day Memorial and Educational Symposium on November 1st, 4th, 6th & the 8th at the Ocoee Lakeshore Center. This event is open to the public. For more information please visit the City's website at www.Ocoee.org. 2)Announced the following,"Due to COVID-19 City Hall is closed to the public which is subject to change based on the Governor's Executive Order. All interested parties are invited to be heard during the public comments and public hearing portion of the meeting, and the City requests the public to call or email comments and/or questions to 407-554-7118 or citizens@ocoee.org. City staff will be standing by to ensure that comments or questions come before the City Commission during the meeting." COMMENTS FROM CITIZENS/PUBLIC - None Regular City Commission Meeting October 20, 2020 No telephone calls or emails were received. CONSENT AGENDA- 6:24 PM Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 -#7. Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 5-0. 1. Approval of the Minutes for the Special Session and Final Budget Public Hearing held September 23,2020, and the Regular City Commission Meeting held October 6,2020. (City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 2. Approval of New Appointment to the Citizen Advisory Council for Ocoee Police Department. (City Clerk Sibbitt) Members of the Citizen Advisory Council for Ocoee Police Department serve a three-year term. The Resolution creating the Board allows no more than fifteen (15) members. Currently, the Board has thirteen (13)members.An application was received by Gregory Meeks who has shown an interest in being appointed to the Citizen Advisory Council for Ocoee Police Department for a term ending January 2023. Approved on Consent. Motion carried 5-0. 3. Approval of the First Amendment to the Contractual Agreement with Ocoee Youth Council(OYC) Coordinator Dillard. (City Clerk Sibbitt) On November 5,2019,the City Commission approved the Contractual Agreement between the City of Ocoee and OYC Coordinator Dorcas Dillard.This agreement expired on September 30,2020,and has been amended to extend the agreement for a one(1)year term with automatic one(1)year renewals until terminated by either party. Currently,Dorcas Dillard receives$800.00 per month as the coordinator for the Ocoee Youth Council. Approved on Consent. Motion carried 5-0. 4. Approval to Move an Alternate Member to a Regular Member Seat on the Code Enforcement Board. (City Clerk Sibbitt) The Code Enforcement Board was created by Ordinance No.741 on June 16, 1981.The purpose of this Board is to review infractions of the City technical Codes negotiate compliance and impose fines for failure to comply. The Code Enforcement Board is to have seven(7)regular members and two(2)alternate members with a three-year term. Currently, the Board has six (6) regular members and one (1) alternate member. Member Darrell Lomneck resigned from the board leaving one (1) vacant regular member seat. Alternate Member Christopher Shropa has indicated he is interested in moving into a regular member seat on the board. Approved on Consent. Motion carried 5-0. 2IPage Regular City Commission Meeting October 20, 2020 5. Approval of the Arden Park Phase 5 Subdivision Plat. (Development Services Director Rumer) The subject property is located immediately east of Ingram Road between the Ingram Trails Subdivision and the Brynmar Subdivision. The property is identified as parcel number 04-22-28-0000-00-001. The total area of the plat amounts to approximately 53.22 acres. This plat is required in order to create the 89 lots for the residential subdivision, associated street right-of-way and tracts for open space, recreation, and retention facilities. In total, Phase 5 of the Arden Park Subdivision will take up approximately 53.22 acres. The Arden Park Phase 5 subdivision is platting prior to receiving a Certificate of Completion;therefore,the developer is required to provide a Surety covering the outstanding proposed improvements as approved in the Preliminary /Final Subdivision Plans for Arden Park North Phase 5. The Developer, Lennar Homes, LLC has provided the City with a Letter of Credit in the amount of$2,775,685.72. Approved on Consent. Motion carried 5-0. 6. Approval to Award ITB #20-011 W. Oakland Avenue and N. Cumberland Avenue Reconstruction Phase 1 and Lakewood Avenue and E. Oakland Avenue Reconstruction. (Purchasing Manager Tolbert) The City of Ocoee, Florida (City) solicited bids from qualified contractors for furnishing, delivering, and installing all materials, equipment, incidentals, and services, including all labor for the work to construct the W. Oakland Ave.and N. Cumberland Ave. Reconstruction Phase 1 and Lakewood Ave.and E. Oakland Ave. Reconstruction Project.The project is primarily a roadway and drainage improvements project with upgrades for stormwater treatment using in-line current standards new second generation baffle box and strainers to capture pollution prior to discharging directly into Starke Lake.The project is also located in the Wekiva River Basin area.The W.Oakland Ave and N.Cumberland Ave Reconstruction—Phase 1 Project primarily consists of the installation of the stormwater system on the north side of W. Oakland Ave and on Cumberland Ave. The N.Lakewood Ave.and E.Oakland Ave. Reconstruction Project is a complete reconstruction of the right- of-ways of the aforementioned streets. The bid was publicly advertised on August 23, 2020, and opened on September 29, 2020. A total of six (6) bids received ranging from $1,256,146.69 to $1,944,098.28. Staff recommends awarding the bid to Central Florida Environmental Corp. for $1,256,146.69 as the most responsive and responsible bidder. Approved on Consent. Motion carried 5-0. 7. Approval to Purchase Four Police Vehicles. (Police Chief Brown) The City of Ocoee Police Department desires to purchase four(4) 2021 model patrol vehicles for a cost of $172,229 funded from police impact fees. These vehicles were approved by Commission for FY 20/21. Utilizing existing impact funds,the vehicles will be purchased using the current Florida Sheriff's Association Purchasing Contract pricing from Duval Ford. Delivery is included in the price quote. Approved on Consent. Motion carried 5-0. FIRST READING OF ORDINANCES—None 3IPage Regular City Commission Meeting October 20, 2020 SECOND READING OF ORDINANCES—PUBLIC HEARINGS - 6:25 PM S. Second Reading of Ordinance Amending the City of Ocoee Municipal General Employees' Retirement Trust Fund Reflecting Changes for Compliance with Setting Every Community Up Retirement Enhancement (SECURE) Act. (Second Reading and Public Hearing scheduled for October 20, 2020, Regular City Commission Meeting at 6:15 pm or soon thereafter). (Municipal Pension Board Chair Cowan) At their meeting held on August 5, 2020,the General Employees'Retirement Board reviewed and approved the proposed ordinance which deals primarily with the Setting Every Community Up Retirement Enhancement (SECURE)Act, signed into law on December 20, 2019 and amended the definition of"Required Beginning Date"under Section 401 (a)(9)for compliance with the Internal Revenue Code.Contained in Section 401(a)(9) of the Internal Revenue Code, the required Minimum Distribution rules limit the tax deferral of retirement benefits by requiring qualified plans pay benefits to the participants, and the participants begin to pay taxes on those benefits by a certain age.The SECURE Act amended Section 401 (a)((9)by raising the age at which benefits must commence to 72 or at the age the participant retires whichever is later. The change is effective to participants who reach the age of 70 '/2 on or after January 1, 2020.None of these changes are anticipated to have any financial impact to the city. City Manager Frank explained the Setting Every Community Up Retirement Enhancement (SECURE) Act was signed into law on December 20, 2019, and amended the definition of "Required Beginning Date" under Section 401 (a)(9) for compliance with the Internal Revenue Code. City Attorney Cookson read the title of the ordinance. The public hearing was opened. As no speaker reservation forms, telephone calls, or emails were received, the public hearing was closed. Motion: Move to adopt Ordinance No. 2020-018, Amending the City of Ocoee Municipal General Employees' Retirement Trust Fund Reflecting Changes for Compliance with Setting Every Community Up Retirement Enhancement (SECURE) Act; Moved by Commissioner Oliver, seconded by Commissioner Wilsen; Motion carried unanimously. 9. Second Reading of Ordinance Amending the City of Ocoee Police Officers' and Firefighters' Retirement Trust Fund Reflecting Changes for Compliance with Setting Every Community Up Retirement Enhancement (SECURE) Act. (Second Reading and Public Hearing scheduled for October 20, 2020, Regular City Commission Meeting at 6:15 pm or soon thereafter). (Police & Fire Pension Board Chair Brown) At their meeting held on August 5,2020,the Police&Firefighters' Retirement Board reviewed and approved the proposed ordinance which deals primarily with the Setting Every Community Up Retirement Enhancement (SECURE) Act, signed into law on December 20, 2019 and amended the definition of"Required Beginning Date"under Section 401 (a)(9)for compliance with the Internal Revenue Code.Contained in Section 401(a)(9) of the Internal Revenue Code, the required Minimum Distribution rules limit the tax deferral of retirement benefits by requiring qualified plans pay benefits to the participants, and the participants begin to pay taxes on those benefits by a certain age.The SECURE Act amended Section 401 (a)((9)by raising the age at which benefits must commence to 72 or at the age the participant retires whichever is later. The change is effective to participants who reach the age of 70 '/2 on or after January 1, 2020.None of these changes are anticipated to have any financial impact to the city. 4IPage Regular City Commission Meeting October 20,2020 City Manager Frank stated this is the same amendment as the last item to comply with the Internal Revenue Code. City Attorney Cookson read the title of the ordinance. The public hearing was opened. As no speaker reservation forms, telephone calls, or emails were received, the public hearing was closed. Motion: Move to adopt Ordinance No. 2020-025, Amending the City of Ocoee Police Officers' and Firefighters' Retirement Trust Fund Reflecting Changes for Compliance with Setting Every Community Up Retirement Enhancement (SECURE) Act; Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion carried unanimously. PUBLIC HEARING - 6:27 PM 10. Sale of 17.96 Acres of City-Owned Property Located at the Northeast Corner of Fullers Cross and Ocoee Apopka Road by GPK Investments, Inc. (Advertised in the West Orange Times on Thursday, October 8, 2020.) (Assistant City Manager Shadrix) On August 4, 2020,the City Commission directed staff to proceed with preparation of a contract for the sale of 17.96 acres of City-owned property located at the northeast corner of Fullers Cross and Ocoee-Apopka Road(the"Agreement"). This direction followed a presentation by staff and the City Attorney of the results of the City's Request for Proposals solicited for this Property. GPK Investments proposed the highest sales price via assignment from Centerline Properties. On October 6, 2020, the City Commission approved the Contract of Sale for purchase of the property,which has now been executed by all parties. In accordance with Section C-8 (B) (2)of the City Charter, when any proposal for the disposition of real property owned by the City,either by sale or by lease for a term exceeding five(5)years,shall receive a majority vote of the members of the City Commission and the fair market value of the real property concerned exceeds one hundred thousand dollars($100,000.), such action shall not be effective unless it has been acted upon by the City Commission after a public hearing preceded by at least seven (7) days' notice of the hearing and the proposed action by publication in the manner set forth above. Assistant City Manager Shadrix provided the background summary of the 17.96 acres of City- owned property located on the Northeast Corner of Fullers Cross and Ocoee Apopka Roads. This public hearing is in accordance with Section C-8 (B) (2) of the City Charter to which the sale shall not be effective unless it has been acted upon by the City Commission after a public hearing, preceded by at least seven (7) days notice of the hearing and the proposed action by publication in the manner set forth above. GPK Investments, Inc., has offered the City $3.5 million for the 17.96 acres. If this is approved tonight, the closing of the property will be scheduled in a timely manner. The public hearing was opened. As no speaker reservation forms, telephone calls, or emails were received, the public hearing was closed. Motion: Move to sell the 17.96 acres of City-Owned Property located at the Northeast Corner of Fullers Cross and Ocoee Apopka Road to GPK Investments, Inc.; Moved by Commissioner Brinson, seconded by Commissioner Wilsen; Motion carried unanimously. 5 ' Page { Regular City Commission Meeting October 20,2020 REGULAR AGENDA - 6:29 PM 11. Approval of Project Budget and Exhibit A — Amendment to the Design-Build Agreement with Wharton-Smith for Construction of the New City Hall. (Acting Utilities Director Croteau) For the approximately 46,000 square feet, three-story structure, Wharton-Smith has provided a Guaranteed Maximum Price (GMP) of$17,255,537. The GMP includes a 5% fee, $821,692, for Wharton-Smith and a 3%, $478,656, in Design-Builder Contingency. The Contingency can be used by Wharton-Smith to cover items such as subcontractor defaults, cost overruns not covered by allowances, and scope gaps between subcontractors. It cannot be used for the removal and replacement of any deficient work. The use of the contingency requires verification and agreement by the City. It also requires that any savings incurred during subcontractor buyouts go into the Design-Builder Contingency. If at the end of the contract there is money left in the Design-Builder Contingency, then Wharton-Smith would be entitled to 25% of the Contingency amount. The remaining amount would be returned to the City. Along with the GMP,the total project budget of$21,993,942, includes a 7.5%project contingency ($1.53 mil), 15% for furniture fixtures and equipment ($2.6 mil), and 3.5% miscellaneous amount that covers a variety of items needed to complete the building such as testing services, permitting, consultants, attorneys' fees, etc. The City and Wharton-Smith will be following the guidelines for the Owner's Direct Purchase Program, which should provide the City with approximately$150,000 in sales tax savings. Acting Utilities Director Croteau introduced Nathan Butler— Architect with HKS, Randall Ellington— Wharton-Smith, Inc., and Andy Smith— Owner's Representative who were present. She provided a background summary of the new city hall. She explained the next step in this process is to approve Exhibit A—Design-Build Agreement with Wharton-Smith, Inc. Exhibit A covers the Guaranteed Maximum Price (GMP) for the project which is $17,255,537. She emphasized the GMP includes a 5% fee, $821,692, for Wharton-Smith, and a 3%, $478,656, in Design-Builder Contingency. The Contingency can be used by Wharton-Smith to cover items such as subcontractor defaults and the like. The total project budget of$21,993,942 includes a 7.5% project contingency ($1.53 million), 15% for furniture fixtures and equipment ($2.6 million), and 3.5% miscellaneous amount ($603,944). The total project budget is $21,993,942. She presented pictures of the inside and outside of the proposed new city hall. Commissioner Brinson asked if they have a projected date of completion. Acting Utilities Director Croteau indicated substantial completion is scheduled for March of 2022, with the anticipated move in at the end of April 2022. Commissioner Brinson further inquired of the design-build team if they have a Minority and Women Owned Business Enterprise Program (MWBE) associated with this project. Mr. Ellington said it is not a stated requirement on the project, but they are looking at some MWBE contractors who have bid the job that they would like to get on board, and a percentage can be tracked if the Commission would like that. Commissioner Oliver inquired if they would be provided a list of MB's that were hired. Mr. Ellington indicated a list will be provided with the percentages of the total contract value that they were contracted for. Mayor Johnson stated the groundbreaking is November 12th; and further, inquired when will the actual digging of dirt and footers take place. Acting Utilities Director Croteau said they will start at the site with civil work at the groundbreaking; however, the foundation is scheduled for 6IPage Regular City Commission Meeting October 20,2020 February with steel being erected in April. Mayor Johnson emphasized he would like them to speed up the process as much as possible as this has been delayed too long. Motion: Move to approve the Project Budget and Exhibit A — Amendment to the Design-Build Agreement with Wharton-Smith for Construction of the new City Hall; and further, Authorize the City Manager to Approve Use of the Designer- Builder Contingency and Approve Contracts and Spending up to the Amount of the Project Budget, per staff recommendations; Moved by Commissioner Wilsen, seconded by Commissioner Oliver; Motion carried unanimously. STAFF ACTION ITEMS -None COMMENTS FROM CITIZENS/PUBLIC - 6:40 PM Angel de la Portilla, Economic Consultant, gave a brief overview of the recent and ongoing projects within the City. 1) The City's most recently approved project, Ocoee Village Center, is the largest approved project within the City since the West Oaks Mall, which took place in the mid-1990s. He further explained the positive financial impact of this project based on the tax revenue it will generate. 2) Announced that Tijuana Flats signed a lease for a unit in the Plaza at the corner of West Colonial and Maguire Road. 3)Acknowledged that additional negotiations are in process with both Sonny's BBQ, and Za-Za's Cuban-American owned restaurant who are looking to build on the same corner. 4) Noted his recent communications with Moonbeam, the owner of the West Oak Mall, and gave a brief overview of the financial investments they have made on-site to increase the desirability of the mall, and shared his vision of adding multi-family housing on the 100-acre site. Commissioner Brinson inquired about what was meant when he said housing. Angel de la Portilla shared there is a county-wide affordable housing shortage, and informed that multiple developers over the years have approached Moonbeam about constructing apartments in the empty parcels to the West of the mall. He shared that the infrastructure to sustain housing and/or a hotel already exist.He further noted that this location is a 100-acre site that is generating roughly $80,000 a year in tax revenue, and felt additional revenue could be made. Commissioner Oliver asked about Moonbeam's stand on redeveloping the site. Angel de la Portilla explained that Moonbeam is in a very unique situation, as they were able to acquire 27 struggling shopping centers after the last recession, including the West Oaks Mall. Currently,they own the property outright. Which means they have the luxury of time, and are waiting for the perfect deal. Commissioner Oliver then inquired about additional sites within the City for the future development of mixed-use projects. Angel de la Portilla shared when they met with developers City Staff advocated for mixed-use development, and unfortunately, what starts as a mixed-use project sometimes ends with only apartments. He further elaborated that due to the current pandemic, dynamics are changing. Restaurants are struggling, and financing one is extremely difficult. He then acknowledged hotels are another struggling industry as the current market is flooded with closed hotels. 7 ' Page } Regular City Commission Meeting October 20, 2020 Angel de la Portilla informed the outlook for the City is very positive mainly because it does not depend on revenue from retail. but relies on housing and industrial revenue, which are both in high demand at this time. Commissioner Wilsen requested mindfulness of the single-family homes surrounding the property when seeking to redevelop the West Oaks Mall. Assistant City Manager Shadrix added the City has four alpha mixed-use sites within the City Health Central Campus, the property located at the corner of Hwy 50 and Maguire Road, City Center West Orange, and the West Road Area. The on-going goal, shared by several developers at recent Commission Meetings, is to create a multi-use site within the downtown area. Unfortunately, at this time retail is struggling. He then reminded the Commission of the plans presented several years back to redevelop the West Oaks Mall into an outdoor shopping center similar to the Winter Garden Village; and further reminded everyone that the City's hands are tied because the current owner is not ready to invest at the magnitude required to accomplish this type of buildout. Assistant City Manager Shadrix ended by sharing the complexity of building successful affordable housing. HRDB Chair Maxwell announced and invited the Commission to a Meet and Greet Dinner honoring the victims of the 1920 Election Day Massacre to be held at the Lakeshore Center on November 7th from 6:00 PM — 8:30 PM. Mayor Johnson inquired about Darlene Jones' documentary honoring the 1920 Election Day Massacre. HRDB Chair Maxwell shared the documentary is set to air on November 1st and should be available to share during the dinner. Mayor Johnson inquired about the relocation of Betty J's Florist. William Maxwell shared that they will be moving from their McKey Street location to 403 Dillard Street in Winter Garden, and announced a grand opening will be held on November 10th COMMENTS FROM COMMISSIONERS - 7:00 PM Commissioner Oliver— Commented on the following: 1) Inquired about the opening of Clarke Road; the statues, lighting, and two informational signs. Development Services Director Rumer addressed his concerns and agreed to follow up with the City Manager. 2) Shared he would like to hold a Public Meeting with DR Horton on Thursday, November 19th regarding their new housing project along McCormick Road. Consensus by the City Commission was to allow the use of the Lakeshore Center on November 19th for a Public Meeting with DR Horton. 3) Shared he has received multiple e-mails regarding the retirement of Chief Brown and the appointment of an Acting Chief of Police, and inquired about the vesting process. City Manager Frank addressed his concerns. 8IPage Regular City Commission Meeting October 20, 2020 Mayor Johnson asked for clarification on who would be addressing the lighting concerns along Clarke Road. City Manager Frank agreed to follow up with the Staff. Commissioner Brinson—Commented on the following: 1) Inquired about an invitation and program for the 100-year commencement ceremony for the 1920 Election Day Massacre. Mayor Johnson addressed his questions. 2) Encouraged the Commission to consider guidelines for COVID-19 as they move forward with Governor DeSantis' planned Phase 3. City Manager Frank understood the concerns and shared that the City must comply with the law. City Attorney Cookson explained that the Commission has some leeway on how the meeting room is set-up, and how the public is invited to attend. However, the Commission has no leeway on how they make a quorum, beginning November 1, 2020, a physical quorum will be mandatory. 3) Encouraged citizens to remain mindful of COVID-19 and continue following the CDC guidelines. Commissioner Wilsen—Commented on the following: 1) Inquired about giving the City Manager discretion to conduct Commission Meeting layout as he deems necessary, based on the meeting topics and anticipated participation. City Attorney Cookson encouraged each Commissioner to contact City Manager Frank directly with any concerns or recommendations regarding the logistic of their meeting. Consensus of the Board was to give City Manager Frank authorization to conduct Commission Meetings as he deems necessary. 2) Encouraged residents to read the City Charter, as it is the bible for how business is conducted within the City. She shared that it can be found on the City's website. She noted the many e- mails she has received regarding Chief Brown's replacement, and informed that the Charter is very specific about what the Commission's role is and who oversees the day-to-day operations and employment. City Manager Frank asked the Commission to send any emails they have received that did not include him, and encouraged residents to email him directly with any questions or concerns regarding Chief Brown's replacement. Commissioner Firstner—Commented on the following: 1) Shared on Saturday, October 24, 2020, from 9:00 AM to 12:00 PM McCraney Property Company and Marcobay Construction have partnered with Farm Share to host a food drive at the Distribution 429 Industrial Park located in Ocoee. He reminded the Commission they have been invited to assist. Mayor Johnson—Commented on the following: 1) Advised that road construction has begun at the Fullers Cross intersection. However,they are still waiting on an answer about the streetlights on Ingram and at the end of Maguire. 2) Advised he was asked by a resident about why the City is not repairing broken sidewalks, to which he explained the City's Public Works team are constantly repairing sidewalks around the city. City Manager Frank explained that every fiscal year the City has placed more money in the budget, and contracted with outside sources to try to expedite the repairing of damanged sidewalks. Mayor Johnson emphasized that sidewalks need to be placed down Palm Drive, because that is a dangerous road and a lot of kids walk to school down that road. Development Services Director Rumer explained there is a current project to realign Palm Drive where 9JPage Regular City Commission Meeting October 20, 2020 sidewalks will be placed from Ocoee Apopka Road to the park, and then a gap will need to be filled from the proposed sidewalk to SR 429. 3) Advised citizens have been thanking him on lowering the millage rate for non-ad valorem taxes, and he informs them the entire Commission and City Staff need to be thanked as well, as it is a team effort. He personally thanked the Commissioners and Staff for doing the work needed in lowering the City's millage rate for the fifth, or sixth, year in a row. ADJOURNMENT— 7:24 PM APPROVED: Attest: City of Ocoee 41/6,. Jiro_ Melanie Si bitt, City Clerk Rusty Johnso viz or 10IPage