05-17-2016 Minutes MINUTES
May 17,2016 at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER- 7:16 PM
Mayor Johnson called the regular session to order at 7:16 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 Commissioner Grogan. Acting City Clerk Sibbitt called roll
and declared a quorum present.
Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner
Firstner, Commissioner Keller.
B. PRESENTATIONS AND PROCLAMATIONS - 7:17 PM
Fiscal Year 2015 Audit Results and CAFR Presentation - Elden McDirmit, CPA, gave a
presentation regarding the City's 2015 Financial Audit. The highlights entailed the City's
General Fund, which includes the cash analysis, total fund balance, revenues and expenditures
over time; governmental revenues and expenditures composition over time, water and
wastewater fund revenues and operating expenses over time, and the Community Redevelopment
Agency fund revenues and expenses over time. The audit opinion was unmodified, and Mr.
McDirmit indicated it is a very good report for this year.
Presentation by the Florida Department of Transportation (FDOT) Regarding the Status
of the State Road 50 Widening Project with Discussion Entailing Access Management.
Present for this PowerPoint presentation were David Olund, Chris Cairns, Carlton Daley
Leonel Cortes from FDOT and Ryan Florence with AECOM, Engineer of Record.
David Olund gave a brief summary of the five phases of the project. He indicated Phase I is
complete, Phase II started in September of 2015 and is ongoing, Phase III is set to start in the fall
of 2016, Phase IV is scheduled to start in the spring of 2017 and Phase V is set to begin in the
Summer of 2017. Ryan Florence discussed the purpose behind access management, which
entails safety and efficiency. He explained conflict points within this project.
Henry Morgan, resident, 304 S. Lakeshore Drive, addressed his concerns regarding the
shopping plaza at State Road 50 and Maguire Road and other businesses off of State Road 50
such as the Hardee's and BP gas station. He explained his concerns about the plans not granting
access into these businesses for westbound traffic. He asked staff and FDOT to take another
look at the plans to see if there is any way to create an access without having to make a u-turn at
the intersection of State Road 50 and Maguire Road.
Chris Cairns responded to Mr. Morgan and explained the reasons why there are no access
points. Discussion ensued.
Jim McNicol, resident, 830 Patriots Point Drive, discussed his concerns about the traffic light
queue at State Road 50 and Maguire Road, which is causing backups northbound on Maguire
Road.
Commissioner Wilsen expressed her concerns with State Road 50 and Maguire Road
intersection. Further discussion ensued.
Commissioner Firstner appreciates that safety is their main concern in building this roadway,
but is worried about the new roadway affecting the businesses located in that area His main
Regular City Commission
May 17,2016
question to the team is if it is possible at this point in time to reengineer the roadway and install
an access point in the median on State Road 50.
Chris Cairns indicated he can look into that to see if it is too late, but would recommend against
it because of safety concerns.
Commissioner Keller inquired about u-turn studies. He discussed that median access is granted
for Wendy's and Chick-fil-A, but not for businesses in between Maguire Road and Bluford
Avenue. Further discussion ensued.
Mayor Johnson stated that traffic turning southbound from State Road 50 onto Maguire Road
can only turn left into the back of the shopping plaza. Further discussion ensued.
C. COMMENTS FROM CITIZENS/PUBLIC—8:16 PM
A speaker form along with an audio CD was turned in by Bob Johnson regarding school crossing
guards' concerns; however, the Mayor felt the Police Chief should be given the opportunity to
listen to the CD and address the concern prior to the Commission getting involved.
D. STAFF REPORTS AND AGENDA REVIEW- None
E. COMMISSIONERS ANNOUNCEMENTS—None
F. CONSENT AGENDA - 8:18 PM
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1-#8 with Item #4 being pulled
for discussion and separate consideration.
Moved by Commissioner Keller, seconded by Commissioner Grogan; Motion
carried unanimously.
1. Approval of Minutes for the Regular Commission Meeting held May 3, 2016. (Acting
City Clerk Sibbitt)
Approved on Consent. Motion carried 5-0
2. Appointment to the Human Relations Diversity Board (3-year term). (Acting City
Clerk Sibbitt) _
Members of the Human Relations Diversity Board serve three-year terms. Currently the Human Relations
Diversity Board has ten(10)members, and their resolution allows no less than seven(7)members and no more
than thirteen (13) members. An application has been received by Rhonda Anderson-Robinson who has shown
an interest in being appointed to the Human Relations Diversity Board for a term ending May 2019.
Approved on Consent. Motion carried 5-0
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3. Consideration of Reappointments of Two Current Members on the Human Relations
Diversity Board (three-year terms). (Acting City Clerk Sibbitt)
Upon the adoption of Resolution No. 2013-007, Members of the Human Relations Diversity Board will serve
three-year terms. The Resolution provides that the Human Relations Diversity Board membership shall consist
of thirteen (13) members. The terms of Members William Maxwell and Sangria Foster will expire in May
2016. Both members have indicated an interest in being considered for reappointment for another term ending
May 2019. From 2015-2016 Member Maxwell attended 12 of 14 meetings, and Member Foster attended 7 of
14 meetings(5 absences were excused while she was in school in Tampa working on her doctorate degree).
Approved on Consent. Motion carried 5-0
4. Approval of Ocoee Crown Point Property Sale to Mattamy Orlando LLC. (City
Attorney Cookson)
On April 21, 2015, following an advertised public hearing, the City Commission approved an Agreement for
Purchase and Sale with Mattamy Orlando LLC for the purchase of the property known as Crown Point. The
property will be closed in two Phases,Phase 1 and Phase 2.
In the Agreement for Sale and Purchase, the parties agreed upon a closing date of January 15, 2016. In a First
Amendment to Agreement for Sale and Purchase, approved by the City on July 21, 2015, the parties extended
the closing date for the Phase 1 closing until June 1,2016. As the parties now prepare to close with Mattamy
Orlando LLC on Phase 1 of the Crown Point property, it is appropriate to request the City Commission
authorize the Mayor to execute all documents incident to the closing of this transaction.
City Attorney Cookson briefly explained this item is for the sale of the Crown Point property to
Mattamy Homes. The closing is scheduled for June 1st. The staff report was seeking
authorization for the Mayor to execute the closing documents for the first phase; however,
subsequent to getting this on the agenda Mattamy Homes has come back and asked for a one
month extension. Instead of closing on June 1st they would like to close on July 1st. Primary
reason for the delay relates to the School Board and the approving of the elementary school legal
description. That approval from the School Board is set to take place on June 14th.
Motion: Move that the Ocoee Crown Point Property - Phase I closing with
Mattamv Orlando LLC be moved to no later than July 1, 2016.
Moved by Commissioner Keller, seconded by Commissioner Grogan; Motion
carried 5-0.
5. Approval of Crown Pointe Cove School Concurrency Mitigation Agreement between
Pulte Homes, Orange County Public Schools and City of Ocoee (OCE-15-005). (City
Planner Rumer)
As per Section 16.6 (1) of the Amended Interlocal Agreement for Public School Facility Planning
Implementation of Concurrency("ILA"),the City shall enter into a mitigation agreement with the School Board
and the Applicant of the proposed development when the students generated fails to meet the adopted level of
service. The Applicant submitted a School Concurrency Determination Application and Development Analysis
to the Orange County School Board in connection with a proposal to obtain approval for a Preliminary and
Final Subdivision Plan in order to develop forty-four (44) Residential Units on the Westyn Bay Commercial
PUD property. The analysis indicated the proposed development would generate 4.4 students at Ocoee Middle
School. The capacity available at Ocoee Middle School could accommodate 1.4 students resulting in a need to
mitigate three(3)students.
Approved on Consent. Motion carried 5-0
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Approval to Expend Forfeiture Monies to Law Enforcement Related Equipment
Needed to Outfit One Additional City of Ocoee Police Department Member of the
Central Florida Metro S.W.A.T. (Police Chief Brown)
The role of law enforcement in all cases, including riotous activity, anti-terrorist activities, insurrection,
barricaded subjects, execution of narcotics warrants, arrest of dangerous felons and the rescue of hostages or
endangered persons, is for the protection of lives and property. In the pursuit of this goal, the City of Apopka,
the City of Winter Park,the City of Maitland,the City of Ocoee, and the City of Winter Garden are integrating
their officers to provide combined S.W.A.T. services in all five jurisdictions. The integrated team of specially
selected and trained police officers from the participating political subdivisions will respond to any incident
where special weapons and tactics are needed within the member jurisdictions. The City of Ocoee needs to
outfit one additional specially selected officer with the required special equipment and weapons and train the
respective officer.
Approved on Consent. Motion carried 5-0
7. Approval of the Purchase of Tasers, Body Worn Cameras (BWC) along with
Contracting with Evidence.com for the Storage/Retention and Security of the
Audio/Video Recordings Produced by those Cameras. (Police Chief Brown)
Recent legislation, as highlighted during the last Commission Meeting by Senator Geraldine Thompson, has
been passed to ensure all Law Enforcement Agencies in Florida develop policy to govern the use of Body Worn
Cameras (BWC). The City of Ocoee Police Department has such a policy. The City of Ocoee Police
Department utilizes Taser International to supply our officers with Electronic Control Weapons, commonly
known as Tasers. With this year's purchase of 10 lasers, Taser International will provide 10 Body Worn
Cameras(BWC)at no additional cost. The City of Ocoee Police Department would like use these 10 BWC's to
launch a pilot program. These cameras will be utilized to document contacts with citizens during public
contacts,calls for service,traffic stops,critical incidents,accident scenes,criminal investigations,and other law
enforcement events for the purpose of gathering recorded evidence to assist in the enforcement of criminal and
civil laws. The BWC pilot program will serve to enhance the accuracy of officer reports and testimony in court.
The BWC audio/video recording system will also be used: to help ensure officer safety, as a training aide, in
response to personnel complaints, and for quality assessment of citizen/officer contacts. laser International
services these cameras and provides secure,unlimited storage for all audio/video recordings produced by these
cameras with a cataloging component for efficient transfer from officer to department to the State Attorney's
Office. In addition to the 10 laser match with 10 BWC's the police department will also be purchasing 7
additional lasers without cameras; 5 replacement Tasers and 2 lasers for new personnel. The total monies
budgeted in the 2015-2016 Budget for Police Department Tasers/Body Worn Cameras and contractual services
with Evidence.com are 45,092.00.
Approved on Consent. Motion carried 5-0
8. Approval for the Authorization for Use of County Solid Waste Management System.
(Public Works Director Krug)
The City has historically utilized the County solid waste management system to dispose of residential and
commercial solid waste. The interlocal agreement between the City and Orange County expired in September,
2011. On October 18, 2011, the City Commission ratified a letter of intent from the County to continue to
receive County solid waste management services under the terms of the expired interlocal agreement until a
new agreement was reached. The County Commission re-evaluated their rate structure ultimately lowering the
tipping fees to the City's benefit from$37.10 to$33.60 per ton.
There is currently no incentive for the City to enter into a new contract until such time as the largest city in the
County enters into a similar agreement as their larger volume of dedicated waste tonnage would be the catalyst
to further lower tipping fees. The City Commission previously authorized use of the County solid waste
management system through April 30, 2016. While we await a beneficial interlocal agreement, Public Works
seeks City Commission authorization to continue to use the County solid waste management system to dispose
of residential and commercial solid waste until a new agreement is reached or April 30,2017.
Approved on Consent. Motion carried 5-0
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G. PUBLIC HEARING—None
H. FIRST READING OF ORDINANCE—None
I. SECOND READING OF ORDINANCE—PUBLIC HEARING - 8:22 PM
9. Second Reading of Ordinance to Dissolve the Arden Park Community Development
District. (Advertised in the West Orange Times on Thursday, May 5, 2016.) (City
Attorney Cookson)
On June 2, 2015, the City of Ocoee City Commission adopted an ordinance establishing the Arden Park
Community Development District (District) for the purpose of delivering urban community development
services within the established District. This action was undertaken at Petitioner, Standard Pacific of Florida's,
request and expense.
On March 29,2016,the City received a letter from the District's attorney, Jere Earlywine, requesting the City
Commission dissolve the District. The request to dissolve the District is because the developer now intends to
develop the project without a community development district.
Petitioner has informed the City that the District has no outstanding obligations and no operating and
maintenance responsibilities. Therefore, the District is eligible for dissolution pursuant to Section 190.046(9),
Florida Statutes,and may be dissolved upon approval of an ordinance by the City.
City Attorney Cookson read the title of the ordinance. He further explained this is dissolution
of the adopted ordinance establishing the Arden Park Community Development District. The
request to dissolve the District is because the developer now intends to develop the project
without a community development district. This will have no effect on the City, and the
developer has agreed to pay the fees that are involved in this.
The public hearing was opened.
Jere Earlywine, Attorney on behalf of Standard Pacific of Florida, advised he is available for
questions.
As no one wished to speak,the public hearing was closed.
Motion: Move to approve Ordinance 2016-007 Dissolution of Arden Park
Community Development District.
Moved by Commissioner Keller, seconded by Commissioner Firstner; Motion
carried 5-0.
J. REGULAR AGENDA—None
K. STAFF ACTION ITEMS
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L. COMMENTS FROM COMMISSIONERS - 8:25 PM
Commissioner Grogan —None
Commissioner Wilsen — announced the City is hosting a Memorial Day Ceremony on Friday,
May 27th at 11:00 a.m. Information can be found on the City's website.
Commissioner Firstner — invited residents to the Fire Department's Hurricane Preparedness
Open House to be held on Saturday, June 11th from loam — 2pm at Fire Station 25. Residents
will receive handouts, get a chance to speak with the firefighters, and food will be provided.
Commissioner Keller — 1) said they have been using Gray Robinson for a few years as the
City's lobbyist, but with the sudden passing of their lead lobbyist he was wondering if they could
put out a RFP. City Manager Frank asked the City Attorney to clarify the term agreement. City
Attorney Cookson advised he can review the contract to see what the provisions are on
providing notice of termination. Further discussion ensued regarding the turnaround time for
RFP's so the City will have representation in Tallahassee when the next sessions begin. 2) said
that he also believes the City Attorney contract may be expiring as well, which may also require
an RFP. The City Attorney advised he will look at that contract as well. 3) inquired if they have
heard anything about the Federal Lobbyist. He recalls that their approval was based on a merger
between Global Development Business and Ackerman, but he has recently heard that the merger
is not going to happen. City Attorney Cookson advised that Representative Bracy did provide
documents, but that did not show a merger as it was approved by the Commission. He recently
spoke with Mr. Bracy who has indicated that a merger is still in the works, but needs approval
from Ackerman. Discussion regarding the Federal Lobbyist is scheduled to be on the June 7th
agenda so that Representative Bracy can be present to explain the timing with the merger, and at
that point the Commission can decide how they would like to proceed. 4) inquired about a
decibel ordinance since a few meetings ago they had an issue with Frank's Place and residents
complaining about the noise. City Attorney Cookson advised that at this point there have not
been any discussions on a noise ordinance. Commissioner Wilsen asked if the current noise
ordinance requires that loud noise be shut down after 12am. Police Chief Brown answered that
noise that is disruptive at any time is to be shut down, but after 12am it does become a little more
restrictive. He advised that a decibel meter was used last weekend by Frank's Place by Deputy
Police Chief McCosker so they can look into how to craft an ordinance that is more specific to
decibel meters. Further discussion ensued.
Mayor Johnson -- 1) inquired if the City's facility was being donated for the upcoming event
"Orlando Premiere of Point and Drive" scheduled Thursday, June 2nd at the Ocoee Lakeshore
Center. It is a documentary film 5 years in the making on high school bands. He advised a
portion of the proceeds from this event will be donated to the Ocoee High School Band.
Assistant City Manager Shadrix shared that this is a great event and the Commission would
have the ability to waive or reduce the fees. Further discussion ensued.
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Motion: Move to approve the rental of the Ocoee Lakeshore Center at the price of
$100 for the upcoming fundraiser event "Orlando Premiere of Point and Drive"
scheduled on Thursday, June 2nd.
Moved by Commissioner Wilsen, seconded by Commissioner Keller; Motion
carried 5-0.
2) inquired from Public Works Director Krug on when Bluford Ave. would be paved. Public
Works Director Krug said it is supposed to be this Thursday but depends on the weather.
Mayor Johnson inquired what is going in the center median. Public Works Director Krug
explained that it would be palm trees similar to the ones going on Silver Star Road. The Mayor
asked that the temporary two-way traffic lanes by the school property remain as they are once
they open the roads back up. Public Works Director Krug answered in the affirmative. 3)
announced the Memorial Services for Ocoee Fire Lt. Kevin Greenhill will be this Saturday, May
21st at Real Life Christian Church in Clermont.
ADJOURNMENT - 8:48 PM
APPROVED:
Attest: City of Ocoee
WA: ‘1111114" 11.
Melanie Sibbitt, Acting City Clerk Rusty John. , ayor
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