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01-03-17 Minutes MINUTES JANUARY 3, 2017 at 7:15 P.M. REGULAR CITY COMMISSION MEETING 6:45 P.M. Presentations - Christmas Parade Trophies Presentation (Ocoee Lions Club) Commercial: Youth: 1. Martial Arts World of Metro West 1. West Orange High School Warrior Band 2. All-In-One Entertainment 2. Ocoee High School Marching Knights Band 3. Brookdale Ocoee 3. Boy Scout Pack 217 Honorable Mention: Honorable Mention: Ready, Set,Dance WOKB 1680 AM Radio Non-Commercial: Church: Knights of Columbus Resurrection Church 1. West Orange Seniors 2. Holiday Express Train Overall: Starke Lake Baptist Church Live Nativity 3. Bahia Shrine 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. City Clerk Sibbitt called roll and declared a quorum present. Present: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner Firstner, Commissioner Keller B. PRESENTATIONS AND PROCLAMATIONS -None C. COMMENTS FROM CITIZENS/PUBLIC - None D. STAFF REPORTS AND AGENDA REVIEW- None E. COMMISSIONERS ANNOUNCEMENTS - 7:18 PM Commissioner Keller—briefly shared for those inquiring about his cane, that he had a left knee replacement the day after the last Commission Meeting and is glad to announce he is making progress. He further wished a Happy New Year to everyone. Commissioner Firstner — Announced the Community Grant Program is accepting applications for the month of January. The deadline to submit applications is January 31, 2017. 11 Page Regular City Commission January 3, 2017 Commissioner Firstner — Announced the Community Grant Program is accepting applications for the month of January. The deadline to submit applications is January 31, 2017. Commissioner Wilsen —Thanked the Parks and Recreation Advisory Board for driving through the City for two nights searching for homes that were wonderfully decorated for the Holiday. Those residents that were chosen woke up to a sign in their yard thanking them for lighting up Ocoee. Commissioner Grogan — Gave a Special Thanks to Executive Aide to the Mayor and Commissioners, Tiffany Shafer, for her years of service to the City, as today is her last day. Mayor Johnson—None F. CONSENT AGENDA - 7:20 PM Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 -#15. Moved by Commissioner Keller, seconded by Commissioner Grogan; Motion carried 5-0. 1. Approval of the Minutes for the Regular Commission Meeting held December 6, 2016. (City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 2. Approval of Contract with Central Florida Strategies for Economic Development and Legislative Affairs Consulting Services. (Assistant City Manager Shadrix) Economic conditions, the State Road 429 Study, and the Downtown Master Plan all contributed to a renewed interest in economic development by the City Commission in 2016. At the time, the City Commission sought an individual or firm to assist in promoting economic development in the City and promoting the City in regional, state and national venues. Responsibilities desired included recruitment of quality employers and businesses to the City through various contacts with trade industries and associations including: National Association of Industrial Office Parks, Greater Orlando Builder's Association, International Council of Shopping Centers, and Urban Land Institute. The City Commission also desired that the economic development consultant would endeavor to expand the City's tax base through the pursuit of strategic annexations and attraction of high-end development to the City, as well as serving as an advocate for City projects. In addition, this consultant would direct resources toward securing grant funds at the regional, state and federal level for capital projects. The City Commission ultimately decided to hire Central Florida Strategies (Angel de la Portilla)to fulfill this role on a contract basis during the last several months of the year. Staff has worked closely with Mr. de la Portilla during this time and has experienced great success in several project areas, such as the City's Community Redevelopment Area (CRA), the West Oaks Mall, and multiple other projects. City staff recommends that the City Commission waive the purchasing code requirements and authorize the City Manager to execute the scope of services with Central Florida Strategies for a one-year contract for$60,000 with automatic annual renewal for three years. Approved on Consent. Motion carried 5-0. 21Page Regular City Commission January 3,2017 3. Approval of Terminating the 1987 Stipulation and Settlement Agreement between Orange County and the City of Ocoee Relating to Sawmill Subdivision. (City Planner Rumer) In 1987, Orange County filed an action against the City of Ocoee with respect to various development issues relating to the Sawmill Subdivision ("Sawmill"). The litigation resulted in a Stipulation and Settlement Agreement ("Settlement Agreement") between the parties, which was accepted by the Court on August 7, 1987. This Settlement Agreement prohibited the City from allowing a portion of Sawmill to develop at a level more intense than"one dwelling unit per acre." Over the years,the City and County have agreed to amend the Settlement Agreement on two occasions to allow more intense development on certain lots in Sawmill. Recently,the City received and reviewed a Lot Split Plan Approval Application for Lot 17 of Sawmill Phase 1. Since Lot 17 is limited to one dwelling unit per acre, pursuant to the Settlement Agreement, City staff began working with Orange County staff to prepare an amendment to the Settlement Agreement. Upon review of the historical data and the proposed amendment relating to Lot 17, City and County staff agreed that the Settlement Agreement is no longer necessary. Approved on Consent. Motion carried 5-0. 4. Approval of the Reimbursement Resolution for FY 2017 General Fund and Stormwater Expenditures/Downtown Ocoee Infrastructure. (Chief Accountant Briggs) Expediting General (2017 Bonds) and Stormwater (2017 Note) funded Downtown/Bluford 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 cash resources in anticipation of receiving the Series 2017 Bond, and Stormwater 2017 Note proceeds. Once the additional funding is received, any interim expenditure amounts would be reimbursed to their original sources and charged to the Bond/Note Funds restricted cash account. Approved on Consent. Motion carried 5-0. 5. Approval of Donation from the West Orange Seniors Association to Expand the Audio Visual System at the Tom Ison Senior and Veterans Center. (Parks and Recreation Director Hayes) Since 2008 the West Orange Seniors Association (WOSA) has been conducting a variety of programs and activities for its 300+ members at the Tom Ison Senior and Veterans Center on Adair Street, which includes line dancing, chair exercise classes, dominos, Tai Chi classes, crafts, choir, movies, luncheons and bingo. In 2012,the City completed improvements at the Center under a Federal grant to assist the West Orange Seniors Association with the offering of these programs. Since that time,participation in the programs offered through the WOSA has continued to increase; and as a result of this, the WOSA have expressed an interest in expanding the audio visual system at the center to provide improved visual aspects for some of the programming. The WOSA is requesting an additional ceiling mounted projector and motorized screen be installed to meet the needs of its participants. The City has obtained a proposal from the contractor who installed the original system at the Center. This proposal is to install an additional screen and projector to the existing audio visual system at a cost of$6,750.15. The WOSA has agreed to donate funds to the City totaling $6,750.15 to pay for the installation of this system. Approved on Consent. Motion carried 5-0. 3IPage Regular City Commission January 3,2017 6. Approval to Award RFQ #1701 Continuing Contract for Surveying and Mapping Services to Southeastern Surveying and Mapping Corp., Amec Foster Wheeler Environment & Infrastructure, Inc., and Barnes, Ferland and Associates, Inc. (Purchasing Agent Tolbert) The City's continuing contracts for surveying and mapping 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 qualified professional surveying and mapping firms or individuals that are interested in providing general surveying and mapping services for various planning,design,development review, and construction phase projects. The firms selected by the City will provide professional surveying and mapping services to the City on an as-needed basis based upon task orders to be issued by the City under the continuing contract. The City intends to award continuing contracts to the top three (3) firms deemed to be the most highly qualified to perform the required services. The continuing contracts shall automatically be renewed annually,unless terminated by the City in writing,for a total of five(5)years from the date of execution,plus a one(1)year optional renewal at the City's discretion. The RFQ was advertised on October 30, 2016, and was publicly opened on November 22, 2016. There were eight (8) responses submitted. The Finance Department and Support Services Department reviewed the qualification statements and all were considered responsive. The eight (8) responses were evaluated by the RFQ Evaluation Committee.The public RFQ Evaluation Committee meeting was held on December 13,2016, with the Evaluation Committee evaluating and short-listing the firms on specific evaluation criteria. Staff recommends that the City Commission award RFQ #1701 Continuing Contract for Surveying and Mapping Services to Southeastern Surveying and Mapping Corp., Amec Foster Wheeler Environment& Infrastructure, Inc., and Barnes, Ferland and Associates, Inc. As budgeted each fiscal year;there was approximately$11,000 expended for surveying and mapping services last fiscal year. Approved on Consent. Motion carried 5-0. 7. Approval to Award RFP #17-001 Solar Farms to ESA Renewables LLC in the Amount of$165,000. (Purchasing Agent Tolbert) In compliance with Chapter 21 of the City's Code of Ordinances, the City solicited proposals from qualified and licensed Contractors that have experience in providing the necessary services for the installation of two turnkey Solar Farms with an option to supply additional farms within the next two years. The Contractor's efforts shall include all design, permitting, and training and post-construction maintenance support for two years, for the implementation of two City-owned and maintained Solar Farms. In addition, the Contractor's effort shall include all work and coordination with Duke Energy to assure a monthly power credit is obtained for the Solar Farms; and provide limited coordination assistance to assist City Staffs effort to seek outside funding such as from the state, federal government, and/or other funding agency. The RFP was advertised on September 25,2016 and was publicly opened on October 25,2016. The pre-proposal conference and site visits were held on October 11, 2016. There were four (4) responses submitted. The Finance and Utilities Departments reviewed the proposals and all were considered responsive. The four (4) responses were evaluated by the RFP Evaluation Committee. The first public RFP Evaluation Committee meeting was held on November 15, 2016, with the Evaluation Committee evaluating and short-listing the firms on specific evaluation criteria. The second public RFP Evaluation Committee meeting was held on December 1,2016,for the purpose of interviewing the top two ranked firms. Staff recommends that the City Commission award RFP #17-001 Solar Farms project to ESA Renewables, LLC in the amount of$165,000 for two solar farms with the option to purchase additional budgeted solar farms within the next two years. Approved on Consent. Motion carried 5-0. 4IPage Regular City Commission January 3, 2017 8. Approval to Award Bid #B17-01 White Road Roadway & Drainage Improvements Project to Stage Door II, Inc., in the Amount of $405,960.00. (Purchasing Agent Tolbert) The City of Ocoee, Florida (City) solicited bids from qualified contractors to furnish labor, supervision, materials, equipment, supplies and incidentals to construct the White Road Roadway & Drainage Improvements Project.The White Road Stormwater Retrofit Project primarily consists of the installation of an exfiltration trench system with required pipe connections for subsurface storage and treatment. The project location is at the White Road intersection of the White Hill and Cambridge Subdivisions. Pipe diameters, including 15-inch and 18-inch, will be required to drain and minimize the flooding at the subject intersection. In addition,the project includes removal of existing asphalt areas, construction of a landscape island on White Road, and 3-inch milling and resurfacing along White Road. The bid was publicly advertised on October 23, 2016,and opened on December 14,2016.A pre-bid conference was held on November 16,2016. There was a total of Seven (7) bids received ranging from $405,960.00 to $620,635.01. The Public Works and Finance Departments reviewed the bids received and all were considered responsive. Staff recommends awarding the bid to Stage Door II,Inc.,for$405,960.00 as the most responsive and responsible bidder.All bids are available in the Finance Department for review. Approved on Consent. Motion carried 5-0. 9. Approval of 2016 /2017 Budget Vehicle/Equipment Purchase. (Public Works Director Krug) The City traditionally purchases vehicles and equipment through bids from the Florida Sheriffs Association's annual contract. Public Works has researched pricing throughout the State and has found the Florida Sheriffs Association continues to provide the lowest competitively bid pricing for vehicles. Public Works recommends approval to purchase the vehicles below from the Florida Sheriffs Association annual contract based on the 2016/2017 published pricing. The following vehicles and equipment are incorporated in the approved budget for purchase: • (1)Ford F-150 4x4 Ext.Cab$23,918.00(Building—New) • (1)Ford F-250 SD 4x2$22,172.00(Parks—Replacement) • (1)Ford F-150 4x4 Short Bed$23,169.00(Utilities Admin—Replacement) • (1)Ford Escape 4x4$22,553.00(Utilities Admin—New) • (1)Caterpillar 416 Loader/Backhoe$92,224(Utilities—New) Approved on Consent. Motion carried 5-0. 10. Approval of Proposed Inter-Governmental Agreement with the U.S. Department of Homeland Security for Cyber-Security Services. (Support Services Director Butler) The City is a member of the Multi-State Information Sharing and Analysis Center (MS-ISAC), which is funded by the U.S. Department of Homeland Security. The City is also involved in other programs involving the U.S. Secret Service and the Federal Bureau of Investigation in addition to local and regional organizations involved in cyber-terrorism, both foreign and domestic. These various programs inter-operate with our own internal controls and devices, in addition to those of the companies that provide telecommunications services to the city,such as CenturyLink and Spectrum(flea Bright House Networks)to protect the City from damaging attacks. The city will need to become a member of the Protected Critical Information Infrastructure (PCII) Program prior to executing the agreement. Due to the nature of these investigations, the methods and results affiliated with PCII are protected from public disclosure. Many of the communications and technical documents provided by MS-ISAC and other cyber security organizations are also subject to federal security laws and may not be disclosed. Portions of the proposed agreement have been redacted in compliance with these requirements. Approved on Consent. Motion carried 5-0. 5 IPage Regular City Commission January 3,2017 11. Approval of Proposed Lease of City-Owned Property at 15 South Kissimmee Avenue to DG Doughnuts for a Term of One Year with a Lease Rate of $650 per month. (Support Services Director Butler) The City acquired the property located at 15 South Kissimmee Avenue as part of a larger purchase that also included the adjacent parcel located to the west. This acquisition was a strategic purchase for future use,and it is presently used only for storage of City documents and files. The construction of a roundabout at the adjacent intersection of McKey Street,Kissimmee Avenue, and Taylor Street,which is expected to start in 12- 15 months, may impact the building due to the required realignment of Kissimmee Avenue to the west. DG Doughnuts, a local start-up bakery and retail business, has approached the City about renting the northern building and parking lot located on the northern half of the 15 South Kissimmee Avenue parcel. A proposed 12-month lease at a monthly rent of$650 plus $42.25 sales tax(total of$692.25)has been drafted by the City Attorney. Approved on Consent. Motion carried 5-0. 12. Approval of Proposed Lease of City Hall Annex Space to State Senator Randolph Bracy for a Term of One Year (with renewals) at a Lease Rate of $1,000 Per Month Plus Applicable Taxes ($1,065 Total Rent). (Support Services Director Butler) The City provided space to former-State Representative, now State Senator, Randolph Bracy over the last several years and has been asked to continue this arrangement. It is proposed that he continue to use the same space in the City Hall Annex. An agreement for a 12-month lease at a monthly rent of$1,000.00 plus $65.00 sales tax(total of$1,065.00)has been drafted by staff and reviewed by the City Attorney. This lease continues the same terms and conditions as the previous one except to explicitly include sales tax as a direct payable. As the newly elected State Senator from District 13, Senator Bracy has an additional staff person to accommodate in the district office compared to when he was a State Representative. Discussions as to how this need for increased office space may be accommodated are ongoing. Additional space, as available, may be provided near the current location. Approved on Consent. Motion carried 5-0. 13. Approval of Proposed Lease of City Hall Annex Space to State Representative Kamia Brown for a Term of One Year and a Lease Rate of$1,000 Per Month Plus Applicable Taxes ($1,065 Total Rent). (Support Services Director Butler) The City provided space to former-State Representative, now State Senator, Randolph Bracy and has been asked to do the same for his successor, State Representative Kamia Brown, who represents House District 45. Suitable space is available in the City Hall Annex to do so. A proposed 12-month lease at a monthly rent of $1,000.00 plus $65.00 sales tax (total of $1,065.00) has been drafted by staff and reviewed by the City Attorney. Approved on Consent. Motion carried 5-0. 14. Approval of Purchase of Lift Station #63 Emergency Power Generator and Automatic Transfer Switch, and Associated Placement as Part of the "Downtown Sewer & Western Transmission Main Project." (Utilities Director Smith) The Downtown Sewer& Western Transmission Main Project includes a new sewer conveyance system,which will collect flow from the west side of Ocoee including the south Maguire Road corridor. The transmission project calls for the extension of a sanitary forcemain from the Ocoee Wastewater Treatment Facility along Wurst Road,North Lakewood Avenue, Rewis Street, Bluford Avenue, and Columbus Street, which will then tie into an existing forcemain located on Maguire Road. Part of the project entails a new master lift station (#63), which will be constructed at the intersection of Lakewood Avenue and Security Circle. Due to the Wage Regular City Commission January 3,2017 volume of sewage to be pumped, the station is required to be equipped with a backup power generator and automatic transfer switch. Staff recommends the direct purchase of the generator and transfer switch utilizing the Florida Sheriff s Association Cooperative Purchasing Program. Exercising this method yields cost savings due to the program's buying power and exemption from paying state taxes. This will be the third generator purchased through the Sheriff's program. Approved on Consent. Motion carried 5-0. 15. Approval of the Replacement of the Lift Station #2 Emergency Power Generator. (Utilities Director Smith) Impacts from Hurricane Matthew resulted in multiple electrical power outages throughout the Little Spring Hill neighborhood, which also affected the City's Lift Station#2. The station is equipped with an emergency genset(generator and motor), which failed to start upon loss of power requiring staff to respond to the station due to extremely high wastewater levels. The 40-year-old genset, fueled by propane,has reached the end of its service life with a planned replacement date of Fiscal Year 2018. The continued successful operation of the genset is doubtful as parts for both the generator and motor are difficult to procure. The Fleet Maintenance Division of the Public Works Department has recommended expeditious replacement of the genset. Staff recommends the direct purchase of a replacement 65 kW Tradewinds Power Corp Generator Set utilizing the Florida Sheriffs Association Cooperative Purchasing Program. Exercising this method yields cost savings due to the program's buying power and exemption from paying state taxes. This will be the fourth genset Utilities has purchased through the Sheriff's program. Approved on Consent. Motion carried 5-0. r G. PUBLIC HEARING—7:21 PM 16. Comprehensive Plan Amendment - Capital Improvements Element Update Addition of the Fiscal Years 2016/2017—2020/2021 Capital Improvements Program. (Advertised in the West Orange Times on Thursday, December 22, 2016). (City Planner Rumer) The Capital Improvement Element (CIE) of the City of Ocoee Comprehensive Plan is a requirement of Chapter 163, Florida Statutes (FS) and enables implementation of the Plan goals, objectives, and policies needing capital funding for a 5-20 year planning horizon. Each year, the table section of the CIE will be updated to ensure that the adopted list of capital projects in the CIE matches the City's newly-adopted fiscal year budget and approved five-year Capital Improvements Program(CIP). The CIE does not propose any new projects not previously reviewed and approved by the Commission. The Florida Legislature enacted legislation allowing adoption of the annual amendment to the CIE to be accomplished with a single public adoption hearing. Additionally, State Statute no longer requires a copy of the Ordinance to be transmitted to the Florida Department of Economic Opportunity (FICA: Department of Community Affairs"DCA").Therefore,adoption of this Ordinance is final in its form and content. City Planner Rumer briefly explained the 5-year Capital Improvement Program was adopted with the City budget, and by statute they have one reading of the ordinance for adoption, which places the Capital Improvement Plan into the Capital Improvement Element of the City of Ocoee Comprehensive Plan. City Attorney Cookson read the title of the Ordinance. Mayor Johnson opened the public hearing. As no one wished to speak, the public hearing was closed. • 7IPage Regular City Commission January 3, 2017 Commissioner Wilsen, seconded by Commissioner Grogan, moved to adopt Ordinance 2017-003, Capital Improvements Element — Amendment Addition of the Fiscal Years 2016/2017 — 2020/2021 Capital Improvements Program. Motion carried 5-0. H. FIRST READING OF ORDINANCE— 7:23 PM 17. First Reading of Ordinance for Innovation Montessori of Ocoee - Annexation and Initial Rezoning to A-1 "Agriculture," Project No(s): AX-10-16-59/RZ-16-10-05. (Second Reading and Public Hearing scheduled for January 17, 2017, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Planner Rumer) The subject property is located on the west side of N Lakewood Ave, 575 feet south of Fullers Cross Road and 1,555 feet north of Wurst Road. The subject parcel for the Innovation Montessori School is located on 17.6 acres. The parcel is heavily wooded and contains five(5)acres of wetlands. The site plan proposes to develop and mitigate a small section of isolated wetlands to facilitate the retention pond. The site does contain some of the Wekiva Study Area environmental indicators such as "A" soils on a portion of the site. Adherence to the Wekiva Study Area requirements is required. The Applicant is requesting annexation of the subject site for connection to potable water and sewer. In addition, the Applicant has requested a City of Ocoee zoning designation of A-1 (Agriculture), which is consistent with the zoning of the properties to the north, east and west. If approved,the school will consist of 800 students with four(4)buildings in two(2)phases. The Phase 1 building will be an 8,400 sq. ft. Pre-k and kindergarten with parking,master stormwater pond,and vehicular access. Phase 2 will consist of a one story multi-function building, one story art building,two-story, 1st—8th grade building for a combined total 52,000± sq. ft. Additionally, an outdoor classroom and environmental playground will be provided. Stormwater retention will be located on the west side of the property. Access to the site will be provided via two entrances on N. Lakewood Avenue. A left-turn lane and right deceleration lane will be installed in Phase 2. a) First Reading of Annexation Ordinance b)First Reading of Rezoning Ordinance City Attorney Cookson read the titles of the Ordinances. City Planner Rumer announced that at the second reading and public hearing scheduled for January 17, 2017, he will present the annexation ordinance, rezoning ordinance, large scale preliminary site plan and development agreement. 18. First Reading of Ordinance Establishing a Code Enforcement Special Magistrate. (Second Reading and Public Hearing scheduled for January 17, 2017, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Attorney Cookson) On October 25, 2016, the City of Ocoee Code Enforcement Board (CEB) considered an action brought by Code Enforcement on property located at 1 Taylor Street. Following a CEB ruling finding a violation but allowing an unprecedented 22 months for the property owner to come into compliance with the City Code, City staff began exploring options and alternatives to ensure more consistent and reasonable code enforcement adjudication in the future. A previous memorandum to the City Commission was circulated by the City Attorney on November 1, 2016, summarizing the matter and offering some options that the City might consider with regard to future code enforcement adjudication. Following a brief discussion at the November 1, 2016, City Commission meeting, the Commission requested additional information on the City's options to support and encourage more meaningful enforcement of the City's codes while maintaining the CEB. On December 6, 2016,the City Commission discussed options relating to abolishing the CEB and/or establishing a Special Magistrate for code enforcement matters. At the end of the discussion, the Commission voted to retain the CEB to hear primarily residential violations and, in addition, to establish a Special Magistrate to primarily hear matters relating to violations on properties zoned other than residential. 8 ' Page Regular City Commission January 3,2017 This proposed ordinance will allow the City to retain the CEB and also establish a Special Magistrate for code enforcement matters. The proposed ordinance provides that the jurisdiction of the CEB and Special Magistrate is nonexclusive; however, gives primary jurisdiction regarding violations relating to residentially zoned properties to the CEB and primary jurisdiction regarding violations relating to properties zoned other than residential to the Special Magistrate. City Attorney Cookson explained at the last City Commission Meeting they had a discussion regarding the Code Enforcement Board (CEB) and whether or not the City would like to keep the CEB and/or engage a Special Magistrate. At the end of the discussion, the Commission voted to retain the CEB to hear primarily residential violations and, in addition, to establish a Special Magistrate to primarily hear matters relating to violations on properties zoned other than residential. City Attorney Cookson read the title of the Ordinance. Mayor Johnson announced the Second Reading and Public Hearing scheduled for January 17, 2017, Regular City Commission Meeting at 7:15 p.m. or soon thereafter. I. SECOND READING OF ORDINANCE—7:27 PM 19. Second Reading of Ordinance for a Temporary Moratorium on Development Relating to Medical Cannabis Activities. (Advertised in the West Orange Times on Thursday, December 22, 2016.) (City Planner Rumer) In the 2014 legislative session, the Florida Legislature passed CS/CS for Senate Bill 1030 allowing for the compassionate use of low-THC and medical cannabis by qualifying patients. This bill,now codified in Section 381.986, Florida Statues, allows for the establishment of approved dispensing organizations around the state. At the general election on November 8, 2016, Florida voters approved a Constitutional Amendment to allow the use of marijuana for debilitating medical conditions.Implementation of the Constitutional Amendment will increase the opportunities for the establishment of dispensing organizations around the state. Dispensing organizations are a new and unprecedented land use in the state of Florida. For this reason, City staff has determined that the City's existing land development regulations must be amended to address this type of use. For example, regulations relating to zoning location must be created. In order to develop such regulations, City staff recommends a one-year moratorium be established on the processing and consideration of applications for any City approval, including, but not limited to, development orders, development permits, and building permits, relating to establishment of medical cannabis activities, as this term is defined in the ordinance. City Planner Rumer explained in the 2014 legislative session, the Florida Legislature passed CS/CS for Senate Bill 1030 allowing for the compassionate use of low-THC and medical cannabis by qualifying patients which had strict limits. Amendment 2 that was passed at the general election on November 8th has a less stringent requirement than the 2014 Bill. This ordinance will allow the City to look at appropriately locating and establishing criteria for this type of establishment. The Public Hearing was opened. As no one wished to speak, the Public Hearing was closed. City Attorney Cookson read the title of the ordinance. 9 IPage Regular City Commission January 3,2017 Motion: Move to adopt Ordinance No. 2017-004, implementing a temporary moratorium until December 31, 2017, on the processing and consideration of all applications to the City, including but not limited to applications for Development Orders, Development Permits, and Building Permits, where the application relates to medical cannabis activities. Moved by Commissioner Grogan, seconded by Commissioner Keller; Motion carried 5-0. J. REGULAR AGENDA - None K. STAFF ACTION ITEMS - None L. COMMENTS FROM COMMISSIONERS—7:28 PM Commissioner Grogan — gave a shout out to his colleague/friend David Harper who has taken up an interest in city government and watches our City Commission meetings. Commissioner Wilsen — announced March 11th is the 12th Annual Spring Fling Event. This is a fun free event that is filled with games, activities, and live demonstrations all reinforcing safe behavior by our youth and family. Additionally, they are looking for new program sponsors that may want to present their activities that day. Should you be interested please contact Commissioner Wilsen at 407-948-2855. Commissioner Firstner— invited everyone to come out to the Martin Luther King Jr. Parade on Monday, January 16th starting at Citrus Elementary at 10am and ending at the West Oaks Mall parking lot. Commissioner Keller—None Mayor Johnson — thanked everyone for the last year. Further asked Assistant City Manager Shadrix to give a brief overview of what is to be expected in the next few months for Ocoee during our Downtown Redevelopment. ADJOURNMENT - 7:43 PM APPROVED: Attest:4 City of Ocoee IMAM.11° Melanie Sibbitt, City Clerk Rusty Joh,1 . , Mayor 10 ' Page