08-16-2016 Minutes MINUTES
AUGUST 16, 2016 at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER— 7:15 PM
Mayor Johnson called the regular session to order at 7:15 p.m. in the Commission Chambers of
City Hall. The invocation was led by Commissioner Keller followed by the Pledge of
Allegiance to the Flag, led by Mason of Boy Scout Troop #922. Acting City Clerk Sibbitt
called roll and declared a quorum present.
Roll Call: Commissioner Wilsen, Mayor Johnson, Commissioner Firstner, Commissioner
Keller. Absent: Commissioner Grogan
B. PRESENTATIONS AND PROCLAMATIONS - 7:17 PM
Presentation—Central Florida Film Festival(CENFLO)Video Presentation
Mrs. Ginger Cook, Deputy Director of the Central Florida Film Festival, provided a video
highlighting some of the films that will be shown at their upcoming event scheduled for
September 2nd - 4th. She further explained some of the highlights included this year and the
films that will be showcased as well as the Q&A sessions scheduled. This event will take place
at the West Orange Cinema. For more information go to www.centralfloridafilmfestival.com.
Presentation of Check from Florida Department of Environmental Protection for FRDAP
Grant
Wekiva River Basin State Parks Manager Robert Brooks briefly explained his position as
Wekiva Basin State Parks Manager and described the Florida Department of Environmental
Protection and their purpose. He further announced it is his pleasure to present a check in the
amount of $50,000 for the competitive grant that the City of Ocoee won for the Montgomery
Road Park. It is his understanding that the money will be used to develop a multi-use ballfield
facility.
Presentation of Retirement Resolution to former City Clerk Beth Eikenberry from the
Florida Association of City Clerks
Patricia Burke, Director of the Central East District of the Florida Association of City Clerks,
congratulated former City Clerk Eikenberry on her retirement and thanked her for dedicating 35
years in municipal government services. Former City Clerk Eikenberry was presented with
Retirement Resolution 2016-026.
C. COMMENTS FROM CITIZENS/PUBLIC - None
D. STAFF REPORTS AND AGENDA REVIEW- 7:34 PM
City Manager Frank stated that as a result of the discussion last night at the Budget Workshop
staff is coming forth with an add-on item for the conceptual planning of the expansion of the
City's community center. The item is on the dais before them should they want to consider it this
evening. Brief discussion ensued regarding the cost estimate for the funding of the conceptual
planning effort and time frame.
Motion: Authorize creation of a new Community Center expansion capital project
in the Support Services Department and allocate funds in the amount of $30,000
from existing budgeted funds for the conceptual planning effort.
Regular City Commission
August 16, 2016
Moved by Commissioner Keller, seconded by Commissioner Firstner. Motion
carried 4-0 with Commissioner Grogan absent.
City Attorney Cookson briefed the board on a Commission on Ethics investigation of a member
of the Planning & Zoning Commission that was citizen-complaint initiated. Commission on
Ethics moved forward with a hearing after finding probable cause on one of the four charges that
were brought before the member. The process allows that if the member wanted to challenge the
findings of the Ethics Commission, they could engage an attorney to help with representation
before the Ethics Commission. It is within the City's authority to approve the City paying for the
legal fees and an attorney not affiliated with the City that handles ethical violations throughout
the State would be hired. It is difficult to say what the costs would be. The Planning and Zoning
member has indicated they would like to challenge the findings and would like for the City to
cover the costs of his legal fees. Discussion ensued for which City Attorney Cookson addressed
questions from the Commission; and further, recommended a limit be set on the amount they
would cover for attorney fees. If they come to a point where they may exceed that limit, they can
bring it back before the Commission.
Motion: Support a Member of the Planning & Zoning Commission legal fees of up
to $15,000.
Moved by Commissioner Keller, seconded by Commissioner Firstner. Motion
carried 4-0 with Commissioner Grogan absent.
E. COMMISSIONERS ANNOUNCEMENTS - 7:47 PM
Commissioner Wilsen—None.
Commissioner Firstner—None.
Commissioner Keller— Announced that on Tuesday, September 6th from 5:00 — 9:00 pm there
will be a fundraising event for Ocoee Firefighter Lt. Vince Byrd at Frank's Place in Ocoee.
Mayor Johnson — Asked Troop #922 to introduce themselves. They are present tonight to earn
their Citizenship Community Merit Badge.
F. CONSENT AGENDA- 7:50 PM
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1 -#8.
Moved by Commissioner Wilsen, seconded by Commissioner Keller; Motion
carried 4-0 with Commissioner Grogan absent.
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August 16,2016
1. Approval of Minutes for the Regular Commission Meeting held August 2, 2016.
(Acting City Clerk Sibbitt)
Approved on Consent. Motion carried 4-0 with Commissioner Grogan absent.
2. Collection of Applications for Appointment of a Districting Commission, in
Accordance with the City of Ocoee Charter, Article XI, Section C-66. (Acting City
Clerk Sibbitt)
In accordance with Section C-66 of the City Charter, the City Commission shall appoint, by
majority vote, a Districting Commission consisting of five (5) members between November
15 and December 15, 2016. On August 2, 2016, the City Commission voted unanimously to
cancel the November 15th City Commission Meeting; therefore, staff recommends the
Honorable Mayor and Commissioners consider to allow residents to apply by November 18,
2016, for consideration to be appointed to the Districting Commission. Applications will be
presented at the December 6, 2016, Regular Commission Meeting.
Approved on Consent. Motion carried 4-0 with Commissioner Grogan absent.
3. Appointment to the Parks & Recreations Advisory Board. (Acting City Clerk Sibbitt)
Members of the Parks and Recreation Advisory Board serve two-year terms. The Ordinance
provides that the Parks and Recreation Advisory Board membership shall consist of nine (9)
members and whenever possible, appointments to the Board may include one member from
each of the following organizations: Ocoee Little League, Ocoee Youth Soccer League
(OYSL), Ocoee Bulldog Pop Warner Football, and West Orange Senior Citizens
Association. Currently the board has seven (7) members. One application was recently
submitted. Ocoee resident, Jacqueline Koontz, has indicated she is interested in serving on
this board.
Approved on Consent. Motion carried 4-0 with Commissioner Grogan absent.
4. Approval to Award 12 Month Extension of Emergency Ambulance Service to Rural
Metro/AMR. (Fire Chief Miller)
Rural Metro/AMR is proposing the same service it currently provides at no cost to the City.
The financial compensation to Rural Metro for services rendered will be from funds
received from fees for service billings, collections, contractual arrangements with insurance
organizations, and other payors. The fees will increase with this extension and the schedule
is attached for the City Commission's approval. Supplies, equipment, and medications
utilized by the City of Ocoee Fire Rescue Department in delivery of patient care shall be
replaced on a "no charge" cost-basis to the City. The initial term of the agreement with
Rural Metro was for three (3) years, beginning September 1, 2012, with two (2) twelve
month optional extensions for a total of five (5) years. Each extension must be approved by
the City Commission. This is the final extension. Additionally, Rural Metro/AMR is seeking
permission to continue their services under the AMR name.
Approved on Consent. Motion carried 4-0 with Commissioner Grogan absent.
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5. Approval of Amendment 1 to the Traffic Signal Maintenance and Compensation
Agreement. (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 the agreement at
the May 19, 2015 meeting. The current agreement amendment 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 amended agreement will
be in effect beginning with the FDOT 2016/17 fiscal year.
Approved on Consent. Motion carried 4-0 with Commissioner Grogan absent.
6. Approval to Award Bid #B16-03 Lake Olympia Neighborhoods Reclaimed Water
Retrofit Project. (Purchasing Agent Tolbert)
In conformance with the policies and procedures of the City of Ocoee (City) and Florida
Statutes, bids were solicited from qualified contractors to construct the Lake Olympia
Neighborhoods Reclaimed Water Retrofit (Project). All work for the project shall be
constructed in accordance with the drawings and specifications prepared by the City of
Ocoee Utilities Department. Bids include all items necessary for the furnishing, delivering,
and installing of all materials, equipment, incidentals, and services, including all labor for
the retrofitting of the Lake Olympia Neighborhoods with reclaimed water meter services
(182 connections). The bid was publicly advertised on June 12, 2016, and opened on July
19, 2016. A pre-bid conference was held on June 28, 2016. The City received five (5) bids
for this project ranging from $576,429.50 to $925,550.38. Staff recommends awarding the
bid to DBE Management, Inc., DBA DBE Utility Services as the most responsive and
responsible bidder, per the recommendation from Charles Smith, P.E., Utilities Director.
Approved on Consent. Motion carried 4-0 with Commissioner Grogan absent.
7. Approval of Change Order with Maguire Roberson, LLC to Final the Roberson Road
Improvements at the Intersection of Maguire and Roberson Roads. (Utilities Director
Smith)
At the April 1, 2008, City Commission Meeting, the City of Ocoee and Maguire Shoppes II,
LLC (Maguire Roberson LLC, herein referred to as the Developer) approved a Developer's
Agreement facilitating the annexation of the Belmere Planned Development (CVS
Commercial Center, My Kids Academy, and the Casa Mirella Apartments) into the City.
The Belmere development is located at the southwest corner of Maguire Road and Roberson
Road. The agreement called for the Developer to make certain improvements to Roberson
Road west of Maguire Road with the City and Developer funding the improvements.
On June 2, 2015, City Commission authorized the Developer to make the improvements
based on a total cost of$626,876.72 with a 21/79 percent breakdown between the Developer
and City. The Developer's share was $128,866.67 and the City's was $498,010.06 (basis
for Purchase Order with Developer) and the construction has been completed.
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During the construction of the improvements several changes to the original authorization
occurred; thus, creating an increase in the original authorization in the amount of$5,332.18.
Staff recommends that the City Commission approve Change Order No. 1 with Maguire
Roberson, LLC to final the construction of the Roberson Road improvements with an
increased in authorization of$5,332.18 to a total authorization of$503,342.25.
Approved on Consent. Motion carried 4-0 with Commissioner Grogan absent.
8. Approval of the Reimbursement Resolution for Series 2016 Water and Sewer Revenue
and Refunding. (Chief Accountant Briggs)
Expediting bond funded Downtown/Bluford water and sewer infrastructure projects can be
achieved with approval of a Reimbursement Resolution. The Resolution allows the City to
temporarily fund initial progress payments on related capital projects from existing Utility
cash resources in anticipation of receiving the Series 2016 Bond Proceeds. Once the bond
funds are received, the temporary payment amounts are reimbursed to their original sources
and charged to the Bond Funds restricted cash account.
Approved on Consent. Motion carried 4-0 with Commissioner Grogan absent.
G. PUBLIC HEARING - 7:54 PM
9. Public Hearing and Discussion of the Annual Rate Resolution for the Fiscal Year 2017
Fire Protection Assessment. (Advertised in the Orlando Sentinel on Sunday, July 24, 2016).
(Support Services Director Butler)
Section 2.08 of the City's Fire Protection Assessment Ordinance, adopted as Ordinance No.
2013-010 on August 6, 2013, established the process for determining the Fire Protection
Assessment in each subsequent fiscal year. Following adoption of the Preliminary Rate
Resolution by the City Commission on May 3, 2016, staff produced an updated Assessment
Roll and compared it to the roll created in the prior year for the FY 2016 assessment. The
analysis identified impacted 189 properties as having a different fire hazard rating, typically
due to new construction, annexation, or a change in use. Using the addresses provided by
the Orange County Property Appraiser, a written notice was sent by first-class postage to the
affected property owners advising them of the new assessment, the date and time of the
public hearing, and other required information. Other parcels for which the maximum
possible assessment did not change are considered to still be covered by the notice mailed to
the property owner in 2013.
Support Services Director Butler explained this is an annual procedure following the adoption
of the Preliminary Rate Resolution established May 3, 2016, which set the maximum rate at
$69.50 per Net Fire Protection Unit, which is the same as last year. An updated Assessment Roll
was compared to the roll created in the prior year for the FY 2016 assessment, and the
differences identified impacted property owners, who were given public notice and rate of
assessment.
The public hearing was opened. As no one wished to speak,the public hearing was closed.
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Motion: Move to approve Resolution No. 2016-012 Annual Rate Resolution for
Fiscal Year 2017 Fire Protection Assessment.
Moved by Commissioner Wilsen, seconded by Commissioner Keller; Motion
carried 4-0 with Commissioner Grogan absent.
H. FIRST/SECOND READING OF ORDINANCE—None
I. REGULAR AGENDA - 7:56 PM
10. Appointment of a Charter Review Commission, in Accordance with the City of Ocoee
Charter, Article X, Section C-59. (Acting City Clerk Sibbitt)
Article X, Section C-59 of the Charter: A Charter Review Commission shall be appointed
by the City Commission no later than December 15 in the year 1999 and no later than
December 15 every ten (10) years thereafter. A Charter Review Commission may also be
appointed by the City Commission at such times as deemed necessary by the City
Commission. The Charter Review Commission shall consist of five (5) members who shall
be appointed by a majority vote of the City Commission and who shall serve on such
Commission for terms of one (1) year unless such terms are extended by the City
Commission. The Mayor shall also appoint two (2) alternate members, subject to the
approval of the City Commission, who may fill in for any member absent from a Charter
Review Commission meeting. On April 19, 2016, the City Commission voted unanimously
to allow residents to apply by July 29, 2016, for consideration to be appointed to the Charter
Review Commission. At that time, the City Manager was also directed to bring forward the
names and credentials of three (3) qualified individuals to work with the Charter Review
Board as facilitator. Proposals to be considered have been provided so staff recommends the
Honorable Mayor and Commissioners a) appoint a Charter Review Commission consisting
of five (5) members and two (2) alternate members, for a term of one year; and b) select an
individual as Charter Review Board facilitator.
Mayor Johnson asked for this item to be tabled to the September 6, 2016, Regular Commission
Meeting since Commissioner Grogan is not present tonight.
Motion: Move to table appointment of a Charter Review Commission, in
Accordance with the City of Ocoee Charter, Article X, Section C-59 to the
September 6, 2016, Regular Commission Meeting.
Moved by Commissioner Wilsen, seconded by Commissioner Keller; Motion
carried 4-0 with Commissioner Grogan absent.
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J. STAFF ACTION ITEMS -None
K. COMMENTS FROM COMMISSIONERS - 7:56 PM
Commissioner Keller — Reminded residents of fundraising event for Ocoee Firefighter Lt.
Vince Byrd at Frank's Place in Ocoee.
Commissioner Firstner — Said there is a vacancy on the Planning & Zoning Commission for
District#3. Anyone in District#3 that is interested in applying can find out more information on
the City's website or may contact him if they would like to submit an application for
consideration.
Commissioner Wilsen — Reminded everyone about CENFLO on Labor Day weekend and
expressed her excitement about the FRDAP Grant for Montgomery Park.
Mayor Johnson—None.
ADJOURNMENT— 7:58 PM
APPROVED:
Attest: _ i o Ocoee
Melanie Sib itt,Acting City Clerk Rusty John o , ayor
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