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Item #01 Approval of MinutesMINUTES May 19, 2015, at 7:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of Allegiance to the Flag, led by Commissioner Grogan. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson, and Commissioner Keller. B. PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift announced the POWR Electric Car with newly installed graphics was on display for viewing in the City Hall parking lot. Proclamation — Older Americans Month — May 2015 Mayor Vandergrift read his proclamation and proclaimed May as Older Americans Month. Wendell Singrey, President of the West Orange Senior Association, along with other members of the West Orange Seniors were present to accept the proclamation. Mr. Singrey shared that the West Orange Seniors has about 350 members that are involved in daily activities at the Ison Center. He further announced that the West Orange Seniors will be hosting their monthly luncheon this Thursday, May 21 and the Commission is welcome to attend. Presentation of Officer of the 1st Quarter to Detective Leo Gomez CACOPD Vice Chair Laney gave a brief summary of events that led to the decision and awarding of Officer of the 1 St Quarter to Detective Leo Gomez. Police Chief Brown announced that along with the certificate Detective Leo Gomez will have a ribbon to display on his uniform for the next thirty days. Fiscal Year 2014 Audit Presentation Elden McDirmit, CPA with McDirmit Davis and Company, LLC, presented the Fiscal Year 2014 audit results. He spoke briefly on the following: • New Auditor Report • General Fund Balance • Water & Wastewater Fund • General Employee and Police/Fire Pension Plan • Governmental Revenues and Expenditures • Community Redevelopment Agency Fund Revenues and Expenses Michelle Bergstein, BeatCreative Marketing, briefly spoke about the Spring Special Event & Wedding Show that they hosted, May 15 with the City of Ocoee. Over 251 RSVP's were received for this free event. The event allowed them to display and introduce exhibitors and event professionals to the community. A Bridal Fashion Show sponsored by local boutiques was also hosted at the Withers- Maguire House -Lawn. A recap video of the event was played for the Commission. C. COMMENTS FROM CITIZENS/PUBLIC None Regular City Commission May 19, 2015 D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced the following: 1) Under Public Hearing, Item 414 Arbours at Crown Point PUD — Preliminary /Final Site Plan - the applicant has requested a continuance of this hearing to the June 2nd Commission Meeting. 2) TEEN Police Academy — July 27, 2015, through July 31, 2015, 10:00a.m - 1:00p.m. Location: High Point Church located at 476 Ocoee Commerce Parkway. This program is FREE and covers numerous law enforcement topics and it is open to teenagers from thirteen to eighteen years of age with no felony convictions. 3) S.A.F.E. Class — June 25, 2015, 6:00p.m. - 9:00p.m. This is a free, one time, three hour presentation on self - defense and safety awareness for women. The class is taught by Ocoee Police Officers using the NSDI's S.A.F.E. curriculum. Topics covered include: self- defense, crime prevention and domestic violence. If interested, please contact Officer Patera Scott-Marsh at 407 -554 -7204 or at Patera.Scott&ocoee.org 4) Coffee with a Cop — Wednesday, June 17, 2015, from 10:00a.m. - 12:00p.m. The community is invited to join members of the Ocoee Police Department at the House Blend Cafe. Coffee with a Cop provides a unique opportunity for community members to ask questions and learn more about the department's work in Ocoee's neighborhoods. If you have any questions, please contact Sergeant Mireya Iannuzzi at (407) 554 -7197 or miannuzzi @ocoee.org E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller — 1) announced the Ocoee Family Aquatic Facility is now open for the 2015 season. Information on the pool hours and admission costs can be found on the city's webpage www.ocoee.org or by calling the Parks and Recreation Department at 407 - 905 -3180. 2) announced City residents interested in registering for the Parks and Recreation Department's popular swimming lesson program can do so beginning Saturday, May 9th at 10:00 am., at the Jim Beech Recreation Center, non - resident registration will begin May 16th. For more information contact the Parks and Recreation Department at 407 - 905 -3180. Commissioner Wilsen —None Commissioner Grogan — announced the Parks and Recreation Department has begun accepting registration for its Summer Camp Program. Registration is now open for residents and non- residents, ages 5 to 12 years. The Summer Camp will run from June 8th to August 21 st. For more information contact the Parks and Recreation Department at 407 - 905 -3180. Mayor Vandergrift — 1) announced the Autism & Related Disabilities Gym Program, Inc. and the Jim Beech Recreation Center proudly present its 1 1 Annual Golfing Fore Autism Charity Tournament on Saturday, October 17, 2015, at Orange Lake Resort Reserve Golf Course. For more information contact Jo -Anne Houwers. 2) announced that he received a notice that Winn Dixie on Clarke Road will be closing on June 20. He has heard rumors that leasing agreement issues with the Management Company is the reason for their closing. The Mayor asked that staff look into seeing if there is anything they can do to prevent this from happening. 3) announced the Memorial Day Ceremony will be in the Ocoee Lakeshore Center on May 22 at 11:00 a.m. 21Page Regular City Commission May 19, 2015 F. CONSENT AGENDA Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the Consent Agenda Items #1 through #12. Motion carried 4 -0 with Commissioner Johnson absent. 1. Approval of Minutes for the Regular Commission Meeting Held May 5, 2015. (City Clerk Eikenberry) Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 2. Reappointments to the Board of Adjustment. (City Clerk Eikenberry' Ordinance No. 516 on September 15, 1970, created the Board of Adjustment to hear and decide appeals for administrative review, to hear and recommend to the City Commission variances to zoning ordinances. This Board consists of five (5) regular members and two (2) alternate members. There are no applications currently on file. The three -year terms of Robert Cadle, Bob Colburn, and Edward Wrobel ends May 2015. All members have indicated their willingness to serve another term, if reappointed. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 3. Approval of Replacement HVAC Unit for Fire Station No. 2,6 ( Public Works Director Krug) The Heating, Ventilating and Air Conditioning (HVAC) system at Fire Station No. 26 on Clarke Road has failed. Public Works had intended to request the replacement of this 18 year old HVAC unit in the upcoming budget, however the cooling coils have failed in the existing multi -unit system. Repair parts would cost several thousands of dollars without the guarantee of providing a stable system, making a complete system replacement the more cost effective option. Public Works solicited pricing for a single 10 ton unit to replace the existing combination unit made up of different tonnages. Apple Air Conditioning & Heating was the only vendor to provide pricing on the replacement. Apple proposes to furnish and install a new single 10 ton unit at a cost of $24,472.00. This pricing is in line with industry standards and recent HVAC replacements throughout the City. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 4. Approval of State Traffic Signal Maintenance and Compensation Agreement, Final, Phase II. (Public Works Director Krug) The FDOT has worked with local maintaining agencies to update the State's Traffic Signal Maintenance and Compensation Agreement. The Commission approved interim phase updates at the July 15, 2014 (Phase I -A) and October 21, 2014 (Phase I -B) meetings. The Phase II agreement update clarifies and reduces the City's liability for maintaining traffic signal systems on State roads by providing the City with structural inspections, a minimum preventive maintenance schedule, and financial relief in the event of damages from vehicles or catastrophic weather events. The City's current contracted proactive maintenance program exceeds the minimum State standards and ensures proper operation of all signals throughout Ocoee. This updated Phase II agreement is considered the finalized agreement to be in effect beginning with the FDOT 2015/16 fiscal year. Public Works recommends approving the new State Phase 11 Traffic Signal Maintenance and Compensation Agreement with the FDOT as it clarifies and further reduces City liability. The City Attorney has reviewed and approves the agreement. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 31Page Regular City Commission May 19, 2015 5. Approval of MetroPlan Orlando Transportation Systems Management and Operations Committee Appointments. (Public Works Director Krug) , The City participates on various technical and advisory committees as a member of the regional transportation planning organization, MetroPlan Orlando (MPO). The organization provides the forum for local elected officials, their staff, and industry experts to work together to improve transportation options for Central Florida. The MPO Board recently redefined the Management and Operations (M &O) advisory committee into the Transportation Systems Management and Operations (TSMO) committee. The City is requested to make one appointment to serve as a voting member on the TSMO, along with one alternate. Public Works Director, Stephen Krug, has represented Ocoee on the former M &O committee and currently represents the City on the Technical Advisory Committee (formerly known as the Transportation Technical Committee). The City Manager recommends the City Commission appoint Mr. Krug as the City's representative to the TSMO, with City Planner, Michael Rumer, the alternate representative. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 6. Approval to Purchase a New Utility Cart for Park Ylaintenance. Operations, LPrks.and Recreation Director Hayes), , The Parks and Recreation Department is seeking approval 1 to purchase a new utility cart for the park maintenance operations. The department had originally identified and included funds totaling $28,000 in the 2014 -15 operating budget for the purchase of a field sprayer for use in the park maintenance operations and would like to use these same funds to purchase the utility cart. The department has identified a utility cart for replacement and anticipated including it in the 2015 -16 budget, and would therefore like to purchase the cart in this year's budget, using the remaining funds ($20,690.60) from the field sprayer, and include the purchase of the field sprayer in the 2015 -16. The cost of the utility cart is $20,634.01, as per State Contract No. 760- 000 -10- 1 Lawn Equipment. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 7. Consumer Court Lift Station #62 Construction Project — Pre - purchase of Station's Pump and Control Panel. (Utilities Director Smith) Due to construction conflicts, the second phase of the State Road 50 Widening project requires the relocation of portions of the City's sanitary sewer collection system. The widening project provides the City with the opportunity to address operational issues and increases system capacity by first allowing much of the flow to be redirected west, this reduces flows to the remaining system. At the terminus of the new system is the proposed Consumer Court lift station (behind Dunkin' Donuts). Initially, the station will pump into the remaining S.R. 50 gravity system; however, upon completion of the proposed downtown sewer /westem transmission main system, it will be diverted accordingly. Bids were solicited for the Consumer Court Lift Station #62 Construction Project on May 10, 2015, but due to significant lead time for the pumps and control panel, staff is requesting to directly purchase them from Xylem Inc., Flygt. City Commission approved Flygt, Xylem Inc., as a sole source vendor of the pumps and panels on May 1, 2012. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. S. Approval of Utility Agreement for Ocoee Pines Water and Wastewater Capacity. (Utilities Director Smith) The proposed JTD Land at Ocoee Pines LLC. (herein referred to as Ocoee Pines) residential development is generally located northwest of Clarcona Ocoee Road and southeast of the Forest Lake Golf Club. The development provides for 278 lots, 170 of those lots remain outside of the city's potable and wastewater service area. Presently, the development requires two utilities agencies; parcels in the northern portion require Orange County Utilities services. Duplicate facilities cause and increase in costs and maintenance. To mitigate the issues, the City, Orange County and Ocoee Pines have agreed to a wholesale - retail relationship; Ocoee will provide retail potable and wastewater services, and Orange County will provide the wholesale capacity. This eliminates the need for multiple lift stations, and allows for one centralized lift station. Ocoee Pines is within the City's reclaimed water service area and is not subject to capacity charges. As this is so, a minor modification to the City's North Service Area Reclaimed Water Agreement will be required. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 41Page Regular City Commission May 19, 2015 9. Approval of Resolution No. 2015 -007 for the 4 -Year Lease - Purchase Agreement with Branch Banking and Trust Company (BB &T) for Various Heavy Equipment included in the FY 14/15 Budget. (Purchasing Agent Tolbert) ' The budget for Fiscal Year 14/15, with previously approved adjustments, includes the four (4) year lease - purchase of (2) Garbage Trucks, (1) Wildland Fire Apparatus, (1) Ambulance, (1) Fire Pumper, and (30) Airpacks. A total of $237,483.50 is budgeted for payments. The Finance Department obtained interest rate quotes from BB &T (1.34 %), BMO Harris Bank (1.48 %), and Suntrust Bank (1.87 %). Staff recommends to adopt Resolution No. 2015 -007 approving financing terms with Branch Banking and Trust Company (BB &T), and authorize the Mayor, City Clerk, and Staff to execute the Lease - Purchase Agreement Schedule No. 9909001665 -00002 and related documents for the amount of $1,297,042.00 at an interest rate of 1.34% for four (4) years, with payments of $83,114.32 per quarter, to close before June 7, 2015. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 10. Award of RFQ #1502 Continuing Planning & Landscape Architectural Services. (Purchasing Agent Tolbert) The City's continuing contracts for planning and landscape architectural services have expired. In compliance with the Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055 and Chapter 21 of the City's Code of Ordinances, the City solicited statements of qualifications from firms that are interested in providing planning and landscape architectural services for City projects. The RFQ was advertised on March 22, 2015, and was publicly opened on April 21, 2015. There were three (3) responses submitted. The Finance Department and CRA Administrator reviewed the proposals and all were considered responsive. The three (3) responses were evaluated by the RFQ Evaluation Committee appointed by the City Manager. The public RFQ Evaluation Committee meeting was held on May 12, 2015, with the Evaluation Committee evaluating and short- listing the firms on specific evaluation criteria. The evaluation committee short- listed the following firms in ranked order, and recommends contracting with all three (3) ranked firms for the continuing contract. The Evaluation Committee further recommends the top - ranked firm, GAI Consultants, Inc. /Community Solutions Group is awarded the first task order under the continuing contract, the Downtown Ocoee Master Plan, per the recommendation from Russ Wagner, CRA Administrator. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 11. Approval for Permission to Enter Property Agreement with the Florida Department of Environmental Protection for Sampling a Monitoring Well. (City Engineer Wheeler) The Right Way Food & Gas Store is located at 1399 N. Lakewood Avenue. This commercial business is owned by Panita Foods, Inc. The convenience store was formerly a Circle K Store, owned by the Conoco Phillips Company ( #7046). The fuel storage tanks were discovered to be leaking in 1998 and were replaced shortly there afterwards. Fuel dispensing facilities are permitted through Orange County Environmental Protection Department and the Florida Department of Environmental Protection (FDEP). The replacement of the tanks, the soil remediation, and the on -going monitoring are all through FDEP. The leak and subsequent soil remediation were determined to be on a small scale and kept on site. However the monitoring wells are placed both on -site and in an outer perimeter to monitor the ground water. There were a number of monitoring wells in the property across the street from the convenience store that became the Lakewood Manor subdivision. These wells were removed prior to the construction of the development. In 2012, FDEP's sub consultant contacted the City about placing a monitoring well within the road right -of -way Johnson Manor Street, between the curb and sidewalk. Johnson Manor Street is a short road stubbed to the south in the Lakewood Manor subdivision. The installation of that well was allowed by staff under the Right - of -Way Utilization permitting process. Another monitoring well was installed on the Mask property to the south of Lakewood Manor. The Permission to Enter Property Agreement is a requirement of FDEP. FDEP realizes that the well is located in property that is dedicated to the benefit of the public and is therefore accessible as a public road. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 51Page Regular City Commission May 19, 2015 12. Approval of Resolution Relating to the Mayor's Signature on City Commission! Approved Documents. (City Attorney Cookson) r In 1996 Florida Legislature passed and the Governor signed the Electronic Signature Act to facilitate economic development and efficient delivery of government services by means of reliable electronic messages. The Act also provides that an electronic signature may be used and has the same force and effect as a handwritten signature. In order to expedite the processing of transactional documents approved by the City Commission, it would be in the best interest of the City of Ocoee to allow the Mayor's signature to be affixed through the use of an electronic signature or facsimile signature stamp. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. G. FIRST READING OF ORDINANCES 13. First Reading of Ordinance for Arden Park Community Development District. (Second Reading and Public Hearing scheduled June 2, 2015, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Attorney Cookson). Community development districts are local units of special - purpose government created for the purpose of delivering• urban community development services within certain, established areas. Chapter 190, Florida Statutes, sets forth the exclusive and uniform method for establishing a community development district in Florida. Generally speaking, if a property contains less than 1000 acres and is located entirely within a municipality, a Petitioner can file a petition for establishment of a community development district with the City's governing body. Standard Pacific of Florida, a Florida general partnership, as Petitioner, intends to establish within the City of Ocoee ( "City") the Arden Park Community Development District ( "District"). Petitioner received consent from the owner of one - hundred percent (100 %) of the property to be included in the District and, on April 3, 2015, filed a petition with the City asking that the City Commission adopt an ordinance establishing the District. The law requires the City to establish the District in a public hearing and the Petitioner must advertise the public hearing four weeks in advance. City and Petitioner are complying with all public notice requirements. City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift announced the second reading and public hearing will be held on June 2, 2015, Regular Commission Meeting at 7:15 p.m. or soon thereafter. Jere Earlywine, Representative of Standard Pacific of Florida, said he is available to answer any questions and will be present for the 2nd Reading on June 2nd H. PUBLIC HEARING 14. Arbours at Crown_'Point PUD — Preliminary /Final Site Plan. (Advertised in the West Orange Times on Thursday, Mai. 7, 2015). (City Planner Rumer) The Arbours at Crown Point Preliminary/Final Site Plan is a multi- family development that proposes a total of 240 one, two, and three bedroom apartments. A community building, as well as a pool, BBQ area, vehicle wash area and exercise trail are being provided. The project is dedicating 25 feet on the north end to connect the West Orange Trail to Ocoee - Apopka Road. The development will provide direct connection to the trail as an additional amenity. Mayor Vandergrift advised that the developer requested a continuance of this hearing to the June 2" d Commission Meeting. Mayor Vandergrift opened the public hearing. There was no one present to speak. Commissioner Wilsen, seconded by Commissioner Keller, moved to continue the Public Hearing for the Arbours at Crown Point PUD — Preliminary /Final Site Plan to a date certain of June 2, 2015, at the request of the developer. Motion carried 4- 0 with Commissioner Johnson absent. 61Page Regular City Commission May 19, 2015 I. REGULAR AGENDA 15. Code Enforcement Reduction of Fine /Lien for property owner Donna Kennington, regarding 1515 Jemima Ave..(Assistant Director of Support Services Gaines) This property was cited on August 25, 2014, by Officer Edward Loeffler for extremely tall overgrown grass and weeds, broken window glass, a dilapidated perimeter fence and gate, and no address numbers displayed. On October 28, 2014, the Code Enforcement Board issued an order to comply by November 7, 2014, or be fined $100.00 per day per violation. On November 26, 2014, the Code Enforcement Board imposed fine and lien for non - compliance. The property was found in compliance on January 8, 2015, and the property is currently being maintained. A representative with power of attorney for Donna Kennington, the owner, appeared before the Code Enforcement Board on April 28, 2015, and requested the fine /lien amount of $18,300.00 be reduced to facilitate a foreclosure short-sale prior to a pending court scheduled public sale on June 2, 2015. The Code Enforcement Board is recommending the fine /lien be reduced to $1,000.00. This amount is to include the city's cost of $675.06. The discussion by the board to reduce the amount was based on testimony and answers from the owner's representative and city staff. Assistant Director of Support Services Gaines gave a brief history of the case located at 1515 Jemima Avenue and advised that the property was found in compliance on January 8, 2015, and the property is currently being maintained. A representative with power of attorney for Donna Kennington, the owner, appeared before the Code Enforcement Board on April 28, 2015, and requested the fine /lien amount of $18,300.00 be reduced to facilitate a foreclosure short-sale prior to a pending court scheduled public sale on June 2, 2015. Kimberly Frank, representative for Donna Kennington, advised that they have been working on a short sale of this home for some time and the home has been in compliance ever since they took it over. She shared that she will need the approval of the board for the reduction in order for her to get her foreclosure auction postponed. They have a cash buyer willing to pay the reduced fine of $1000. The owner, Ms. Kennington, is an elderly woman who is unable to maintain her home. Assistant Director of Support Services Gaines briefly commented that the Code Enforcement Board is recommending the fine /lien be reduced to $1,000.00. This amount is to include the city's cost of $675.06. Commissioner Grogan, seconded by Commissioner Wilsen, moved to reduce the fine /lien to $1,000 to be paid within 90 days or the fine reverts back to the original amount. Motion carried 4 -0 with Commissioner Johnson absent. 71` , Regular City Commission May 19, 2015 16. Code Enforcement Reduction of Two Fines /Liens for US National Assn Trustee C/O Kahane and Assoc. PA. Re: 492 Wurst Rd. (Assistant Director of Support Services Gaines) The property located at 492 Wurst Rd. has two separate fines /liens from separate code enforcement actions; they are being presented as a single agenda item so the property owner can be provided a single solution. Case 14 -060: The property was cited on June 24, 2014, by Officer Robert Siegrist for trash/debris. On July 22, 2014, the Code Enforcement Board issued an order to comply by August 8, 2014, or be fined $100.00 per day. On August 26, 2014, the Code Enforcement Board imposed the accruing fine and lien for non - compliance of 115 -3. On April 10, 2015, the property was documented as in compliance, thus stopping the accruing fine with a total due of $24,400.00. The new property owner is US National Assn. Trustee C/O Kahane & Assoc. PA. Case 15 -001: The property was cited on December 9, 2014, by Officer Robert Siegrist for people living in house without an active electric service and using a generator for power. On January 27, 2015, the Code Enforcement Board issued an order to comply by February 6, 2015, or be fined $100.00 per day per violation, if not in compliance with the Board's orders. On February 25, 2015, the Code Enforcement Board imposed the accruing fine and lien for non- compliance. The property was found to be in compliance on March 16, 2015, stopping the accruing fine with a total due of $5,200.00. The new property owner, US National Assn. Trustee C/O Kahane & Assoc. PA., maintains the property in compliance. A representative of US National Assn. Trustee C/O Kahane & Assoc. PA., the new property owner, appeared before the Code Enforcement Board on April 28, 2015, and requested a reduction of the fine /lien for Case No. 14- 060 in the amount of $1,000.00 (including City costs of $816.32), and for Case No.15 -001 in the amount of $1,000.00 (including City costs of $861.66). The Code Enforcement Board recommends the fine /lien be reduced to $1,000.00 for Case No. 14 -060 and $1,000.00 for Case No. 15 -001, which is the cost to the City and a penalty for the negative blighted impact on the neighborhood and the city. The decision by the Board to reduce the amount was based on testimony and answers from the representative of Florida Dreams Realty Group Inc. and City Staff. Assistant Director of Support Services Gaines gave a brief history of the cases located at 492 Wurst Road. The property has two separate fines/liens from separate code enforcement actions; they are being presented as a single agenda item so the property owner can be provided a single solution. Case 14 -060: On April 10, 2015, the property was documented as in compliance, thus stopping the accruing fine with a total due of $24,400.00. Case 15 -001: The property was found to be in compliance on March 16, 2015, stopping the accruing fine with a total due of $5,200.00. The new property owner, US National Assn. Trustee C/O Kahane & Assoc. PA., maintains the property in compliance. A representative of US National Assn. Trustee C/O Kahane & Assoc. PA., the new property owner, appeared before the Code Enforcement Board on April 28, 2015, and requested a reduction of the fine /lien for Case No. 14 -060 in the amount of $1,000.00 (including City costs of $816.32), and for Case No.15 -001 in the amount of $1,000.00 (including City costs of $861.66). The Code Enforcement Board recommends the fine /lien be reduced to $1,000.00 for Case No. 14 -060 and $1,000.00 for Case No. 15 -001. Commissioner Grogan, seconded by Commissioner Wilsen, moved to reduce the fine /lien to $1,000 per case (total of $2,000) to be paid within 60 days or the fine reverts back to the original amount. Claudia Montes, leasing agent for the property, said that they agree with the reduced fine amount and will be able to get a check approved for next week so they can pay off the lien. After discussion: Motion carried 4 -0 with Commissioner Johnson absent. 81Page Regular City Commission May 19, 2015 17. Discussion of an Unsolicited Offer from Charter Schools Development Group, LLC to purchase 9.5 Acres of City-owned Property at the Intersection of AD Mims Road and Clarke Road for $1.6 Million. (Support Services Director Butler The City acquired 12 acres of land (Parcel No. 09- 22 -28- 0000- 00 -05) from the Silvestri Investment Group of Florida, Inc. on December 29, 2006, at a cost of $3.5 million for the purpose of constructing a new Police Department headquarters building. The City subsequently purchased and remodeled the former State Farm claims office in the southern part of the city for this use; the former Silvestri property remains undeveloped. The subject property is bordered on the south by railroad right of way, which is adjacent to AD Mims Road, to the north and east by the Prairie Lake Reserve Subdivision, and on the west by Clarke Road. A portion of the eastern boundary is property dedicated to the public use and owned by the City. The outstanding amount of the bond used to finance the purchase is approximately $2.6 million. Charter Schools Development Corp. has submitted an unsolicited offer to purchase approximately 9.5 acres of the property for $1.6 million. This is the second unsolicited offer the city has received to purchase this property for a charter school. The original offer from Red Apple Development, Inc. was withdrawn when the company discovered it would be unable to meet construction deadlines due to the time required to conduct habitat investigations mandated by an environmental protection agency. Support Services Director Butler briefly explained that Charter Schools Development Corp. has submitted an unsolicited offer to purchase approximately 9.5 acres of the property for $1.6 million. They are proposing a driveway exit out onto Clarke Road and would also have the City retain the 2.5 acre on the southwest corner of the property. This is the second unsolicited offer the city has received to purchase this property for a charter school. That original offer was withdrawn when the company discovered it would be unable to meet construction deadlines due to the time required to conduct habitat investigations mandated by an environmental protection agency. The City originally acquired the 12 acres of land at a cost of $3.5 million for the purpose of constructing a new Police Department headquarters building. The outstanding amount of the bond used to finance the purchase is approximately $2.6 million. Commissioner Keller shared his concerns regarding the purchase price being offered and felt the City should wait for a better offer, particularly since this proposed development would not generate any income on the tax roll for the City. The Commissioner further explained that at the Town Hall meeting he called regarding the Charter School location there was approximately a 60/40 split against having the school. Some of the issues discussed at the Town Hall meeting were having four elementary schools within a mile of each other; and concerns with the location of the driveway of the school due to many speeders and accidents that already occur in that area. Positive points addressed at the meeting were that the school would be closed on the weekends thus creating a quiet neighbor scenario. Charles "Chip" Cordes with Charter School Development Group said they submitted a Letter of Interest to purchase the property 8 -9 months ago from Red Apple Development which is a developer of one of their Charter School clients. The problem they experienced during that time is that they had to get a sand skink test which could only be done in April or May of every year and that did not allow enough time to get the school built. Mr. Cordes stated that during their last encounter with the City in regards to a Charter School the discussion was very positive to move forward with the project so he was not prepared for tonight's negative feedback. He briefly shared some site plan drawing of the proposed site as well as aerial drawings of some other 9 Page Regular City Commission May 19, 2015 Charter Schools they developed in Florida. It was stated that a left hand turn lane would be constructed in the median that is on Clarke Road, at their expense, so that cars would not cause any delay in the traffic. Commissioner Keller commented that he is not opposed to the school, but he is opposed to the price being offered. Commissioner Keller reiterated the concerns voiced at the meeting regarding traffic issues with the driveway location and his concerns with the pricing. Commissioner Grogan commented that he would not want to entertain any offers until an appraisal is done on the property. He further inquired what research was done to pick this particular location when there are many other schools already in this area. Mr. Cordes explained the process they conduct to determine where there is a need for education. Commissioner Grogan voiced his concerns with not being in favor of putting a venue there that would not bring revenue to the City as well as the offer that is being made without an appraisal. Commissioner Wilsen inquired if an appraisal was done when Red Apple Development made an offer. Support Services Director Butler explained that did not make it that far in the process because of some tight deadlines. He further shared that tonight they are not looking for a decision to be made but for direction from the board because there is a process they will need to follow before this can be finalized. Commissioner Wilsen commented that the property is currently off the tax roll because it is owned by the City so she personally does not feel that is an issue. The following topics were discussed: • Number of schools under Charter School Development Group and their grading • Charter School attended by any child in the County; Ocoee residents not necessarily guaranteed a spot. • School to limit what can be placed in surrounding parcels such as restaurants that sell alcohol. • Number of vehicles anticipated to be coming/going during school hours Mayor Vandergrift shared that he would like to continue negotiating and have something that would benefit all of the community. Commissioner Wilsen said she would request that an appraisal be done. Mr. Cordes advised that they would volunteer to pay for the appraisal. Further discussion ensued specifically with the concern of traffic. Todd Lucas with Charter School Group said if there is land available they would be more than happy to put in a deceleration lane to address some of the traffic issues. Commissioner Wilsen, seconded by Commissioner Keller, moved to direct City staff to obtain an appraisal of the property, which includes the portion that will be retained by the City, at the developer's expense. Support Services Director Butler briefly shared with the Commission what questions they should keep in mind to be sure they make a good investment decision. After further discussion motion carried 4 -0 with Commissioner Johnson absent. J. STAFF ACTION ITEMS- none lO1Page Regular City Commission May 19, 2015 K. COMMENTS FROM COMMISSIONERS Commissioner Grogan — None Commissioner Wilsen — inquired what the plans are for Memorial Day on police coverage by and throughout the summer to avoid the problems they had last year. Police Chief Brown advised that they have planned to be on patrol in boats and vehicles beginning Memorial Day and every weekend and holiday throughout the summer. She also advised that Parks and Recreation may want to post signs when pavilions are rented so that a party doesn't get there early and try to stake claim. Commissioner Keller —said that he missed the last HRDB Meeting, but heard that the HRDB wants to give $700 to Ocoee High School Marching Band for a trip. The school already came to the Commission and received $2500 for the bus rental; there is no process that should allow them to go to HRDB for additional funding. Support Services Manager Butler discussed the some of the expenditures of this board and the current policy regarding money given to advisory boards. Commissioner Keller noted he believes this is out of the realm of the board's authority. There was discussion among the City Manager and Commission regarding the policy that was set several years ago to allow the boards to pay for shirts, education, events, etc. and not intended to give grants to other entities. Commissioner Keller, seconded by Commission Wilsen, made a motion to clarify that Advisory Boards cannot spend their budgeted funds on anything that is not consistent with the purpose of the board, specifically they cannot give it away as a grant to another entity. Motion carried 3 -0 with Mayor Vandergrift opposing and Commissioner Johnson absent. ADJOURNMENT Meeting adjourned at 9:15 p.m. APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor 11 jPage