02-21-17 Minutes MINUTES
FEBRUARY 21, 2017 at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
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 Commissioner Firstner. 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
Presentations by Deputy Chief McCosker and the Citizens Advisory Council for Ocoee
Police Department (CACOPD): CACOPD Member Laney gave a brief summary of the
achievements of each of the award recipients and why they were chosen.
> Officer of the Year Award: Officer Brandon Kerr
> CIT Officer of the Year Award: Officer Amanda Strong
> Civilian of the Year Award: Dawn Carlton
> Volunteer of the Year Award: The Chaplain Unit
> Officer of the Quarter: Sergeant Mireya Iannuzzi
C. COMMENTS FROM CITIZENS/PUBLIC
Comments from Citizens/Public were heard out of agenda order after Item#11.
Roger Gonsalves, 4524 Gallberry Court, addressed the Commission to request use of the soccer
field at Jim Beech Center for the traveling team he coaches. He advised that the program has
about 100 kids with 80% of those children being from Ocoee. Their league currently has
nowhere to practice. He has approached the City, but was denied use of the field because it is on
hold for someone else. They are asking to rent the field since their season will start in two weeks.
Mayor Johnson inquired if there is a fee charged to the families for participating on this
traveling team. Mr. Gonsalves answered in the affirmative. Assistant City Manager Shadrix
and Assistant Parks and Recreation Director Johnson explained to the Commission the
discussions that have occurred with Mr. Gonsalves and OYSL Board Member Jane Rainer. The
City is growing and the Commission will have to make a decision at some point on how they
would like to handle travel ball, which is different than recreational ball. Further discussion
ensued regarding the current condition of the Jim Beech fields which Parks will not be renting
out for about a month due to allowing the fields to rest and the possibility of rental of the Ocoee
Bulldog field. After discussion, consensus was to allow rental of the Ocoee Bulldog field at the
regular rental price in accordance with the City's rules. Mr. Gonsalves was asked to meet with
Assistant Parks and Recreation Director Johnson to work out the details.
Daniel Action, 704 Broadway Drive, said his son is a member of the traveling team coached by
Mr. Gonsalves and further shared his support in having a local soccer field for use.
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February 21, 2017
Chris Adkins, 606 Ridgefield Avenue, opined that if there is anyone that is providing services
on behalf of the City of Ocoee, the organization or individual representing the City should be
sure that they are not for profit (non-profit) and in compliance.
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced before them is the following:
Emergency Item #1 - Bluford Avenue Phase II Utility and Streetscape Pre-Construction
Design Services with Barnes, Ferland & Associates, Inc. (Public Works Director Krug)
He briefly explained in order to maintain the momentum and schedule of the Bluford Avenue
Phase II Project while Barnes, Ferland & Associates, Inc. (BFA) is preparing their final proposal,
they are requesting the Commission approve initial design services with BFA for a not to exceed
amount of$25,000.00. The final scope of the project has extended beyond the allowing limits set
forth in the Florida Statutes Consultants' Competitive Negotiations Act (CCNA). Therefore, staff
is seeking to use BFA in order to continue the project forward.
Motion: Move to approve Emergency Item #1, Bluford Avenue Phase II Utility and
Streetscape Pre-Construction Design Services with Barnes, Ferland &
Associates, Inc., per staffs recommendation.
Moved by Commissioner Firstner, seconded by Commissioner Grogan; Motion
carried 5-0.
Emergency Item #2 - Authorization to Execute an Addendum to Development Agreement
for Ocoee Town Center AKA Oasis at Lake Bennet Apartments. (City Planner Rumer)
City Manager Frank briefly explained the Maine Street Extension is a project identified in the
recently adopted Downtown Master Plan. The Maine Street Extension provides for the extension
of Maine Street from Bluford Avenue to Maguire Road. In order to benefit from road work
currently under construction with the Oasis at Lake Bennet Apartment project, the City requested
a proposal to construct the improvements from the developer, Picerne Development Corporation.
Staff believes this proposal to be a sound estimate and an efficient use of City capital funds as
the cost is below both the engineer's estimate. He further shared the City had cost estimated this
project at about $750,000, and two estimates were received from two different contractors.
Picerne Development Corporation has offered to construct the improvements for a not to exceed
price of$524,381.00.
Motion: Move to approve Emergency Item #2 - Authorization to Execute an
Addendum to Development Agreement for Ocoee Town Center AKA Oasis at Lake
Bennet Apartments per staffs recommendation.
Moved by Commissioner Keller, seconded by Commissioner Grogan; Motion
carried 5-0.
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February 21, 2017
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller—None
Commissioner Firstner—None
Commissioner Wilsen — welcomed the Boy Scouts who are present tonight working on one of
their merit badge.
Commissioner Grogan — shared that this past weekend the Police Department and Parks
Department came together for a special occasion for a little girl named Katie. Police Chief
Brown shared that Katie was a Make-A-Wish recipient, and her wish was a day of princess.
Katie's wish came true with a carriage ride with a Disney princess. The Parks and Recreation
Department and Police Department heard about this special occasion and made her a package
with memorabilia from the City to add to her special day.
Mayor Johnson — 1) announced the Human Relations Diversity Board is having a special
ceremony to announce the winners of this year's Black History Essay Contest Awards Ceremony
this Thursday, February 23rd at 7:00 p.m., at the Ocoee Lakeshore Center. 2) Announced
Saturday, February 25th is the Ocoee Little League Parade and Opening Ceremony. The parade
starts at 8:00 am at Bill Breeze Park then continuing down Bluford Ave., crossing Silver Star Rd.
and ending up at the ballfield where the opening ceremonies will take place. 3) Announced the
First Districting Commission Meeting is scheduled for Monday, February 27th at 6:30 pm here in
City Hall.
F. CONSENT AGENDA
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1 - #8.
Moved by Commissioner Keller, seconded by Commissioner Firstner; Motion
carried 5-0.
1. Approval of the Minutes for the Regular City Commission Meeting held February 7,
2017. (City Clerk Sibbitt)
Approved on Consent. Motion carried 5-0.
2. Approval of New Appointment to the Human Relations Diversity Board. (City Clerk
Sibbitt)
Members of the Human Relations Diversity Board serve three-year terms. Currently the Human Relations
Diversity Board has twelve (12)members, and their resolution allows no less than seven (7)members and no
more than thirteen (13) members. An application has been received by Daralene Bell who has shown an
interest in being appointed to the Human Relations Diversity Board for a term ending May 2020.
Approved on Consent. Motion carried 5-0.
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3. Approval of a Resolution of the City of Ocoee Commending the Florida Association of
City Clerks for its 45th Anniversary. (City Clerk Sibbitt)
The Florida Association of City Clerks has requested that the City Commission approve a resolution in honor
of their 45th Anniversary. Staff has revised the resolution into the City of Ocoee's standard format, should the
commission choose to adopt the resolution of special recognition.
Approved on Consent. Motion carried 5-0.
4. Approval of Second Amendment to City of Ocoee/Colburn Development Agreement.
(City Planner Rumer)
On November 17, 1998,the City Commission approved and executed a Development Agreement titled City of
Ocoee/Colburn Development Agreement. The Owner and the City mutually desire to further amend the
Development Agreement as provided in this Second Amendment to recognize release of certain properties. In
anticipation of the eventual development of certain properties owned by Colburn and the City of Ocoee's
desire to relocate and extend Maine Street, which crosses the property, the original agreement was created to
facilitate the following: i) provide temporary construction easements adjacent to the location of the proposed
relocated and extended Maine Street; ii)dedication of land to Ocoee for relocated Maine Street; iii)dedication
of land to Colburn from Ocoee for Relocated Maine Street; iv) dedication of land to Ocoee for Extended
Maine Street; and v) dedication of land to Ocoee for potential stormwater pond locations. The intent of this
Second Amendment is to release Colburn from future dedication of certain properties that the City of Ocoee
deems not necessary for the construction of extended Maine Street. The City of Ocoee and Colburn have met
property dedication requirement for the relocated Maine Street and Extended Maine Street. It was during the
design phase of the Extended Maine Street that City Staff notified Colburn that the City does not require the
additional pond sites described in the original Development Agreement. In order to maximize the development
potential of the remaining property,the City is relinquishing its rights to these additional properties identified
in the Second Amendment to Development Agreement.
Approved on Consent. Motion carried 5-0.
5. Approval to Expend and/ or Grant Forfeiture Monies to Law Enforcement Related
Uses and Charities. (Police Chief Brown)
The Ocoee Police Department recommends expending monies from its forfeiture fund to law enforcement
related uses as follows: $750 to its Neighborhood Restorative Justice Program, which serves as a pretrial
diversion program for children who live in Ocoee and have committed minor offenses; $1,000 to sponsor its
Citizen Public Safety Academies, which educate Ocoee citizens and businesses about the Police and Fire
Department; $1,000 to purchase bicycle helmets to be distributed by the Department's Crime Prevention and
School Resource Officer unit to children in need at Ocoee schools and events; $4,000 for the City of Ocoee
Annual Spring Fling event. The Spring Fling showcases the City of Ocoee as well as other governmental and
non-profit organization services with special focus on crime prevention and safety. Food and activities are
also provided free of charge to attendees.Because of the services they provide to the Ocoee Police Department
and to the community,and because duplication of these programs by the Police Department is not possible,the
Police Department recommends granting monies from its forfeiture fund to the following non-profit
organizations: $2,000 to Aspire Behavioral Healthcare(aka Central Florida Crisis Intervention Team formerly
Lakeside),the facility that trains our police officers how to deal with people in mental health crisis;and$2,000
to Crime Line,which provides crime solving tips to the Police Department,as well as publicity and rewards to
the public. Over the past several years, the Police Department has made a practice of using these monies to
help support programs and organizations that partner with the Police Department in its crime prevention/public
safety mission and wishes to continue to do so.
Approved on Consent. Motion carried 5-0.
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6. Approval of Memorandum of Understanding of the Central Florida SWAT Team
Task Force. (Police Chief Brown)
Previously, the City of Ocoee Police Department participates in a Memorandum of Understanding of the
Central Florida SWAT Team Task Force. The Central Florida SWAT Team Task Force consists of the Cities
of Apopka, Maitland, Ocoee, Winter Garden, and Winter Park. As these law enforcement agencies are located
in close relation to each other, it is to the advantage of each agency to support a larger interagency SWAT
team to adequately respond to continuing, multi jurisdictional law enforcement problems, so as to protect
public peace and safety,preserve the lives and property of people,and in intensive situations, including but not
limited to emergencies as defined under Section 252.34 Florida Statutes. The participating agencies have
agreed to enter into a new Memorandum of Understanding of the Central Florida SWAT Team Task Force as
the previous agreement lapsed on January 1,2017. It is of great benefit to have a trained SWAT force that can
quickly respond to evolving situations such as active shooters,barricaded subjects,or high profile incidents.
Approved on Consent. Motion carried 5-0.
7. Approval of Traffic Signal Control Cabinet Replacement at Bluford Avenue and Old
Winter Garden Road with Control Specialists. (Public Works Director Krug)
On January 3, 2017, a motorist lost control of their car and destroyed the traffic signal control cabinet at the
intersection of Bluford Avenue and Old Winter Garden Road. The City's traffic signal maintenance contractor,
Control Specialists, mobilized and installed a temporary controller cabinet to restore basic signal functions.
Public Works requested Control Specialists provide pricing to furnish and install a new permanent cabinet in
order to restore all functions to the traffic signal. The proposed Type 6 control system described in the
"Quotation" is in line with FDOT construction industry pricing. The City's Risk Management is pursuing
reimbursement from the offending motorists' insurance carrier for the costs of the replacement controller
cabinet along with the emergency response costs required to restore operation of the signal. While the
reimbursement is pursued, Public Works is requesting Commission approval to use remaining carry forward
funds from the 2016/2017 fiscal year paving program for the $23,436.75 required for the replacement
controller cabinet. All funds received from the insurance carrier would reimburse the appropriate account
lines. Public Works recommends issuing a purchase order to our Traffic Signal Maintenance Contractor,
Control Specialists,for the replacement controller cabinet as they will be responsible for maintenance and their
quoted pricing is in line with FDOT construction project pricing.
Approved on Consent. Motion carried 5-0.
8. Approval of Code Enforcement Agreement with Town of Windermere with 3%
Adjustment to Cover the City of Ocoee's Costs. (Support Services Director Butler)
The City of Ocoee is willing to continue to provide part-time code enforcement services to the Town of
Windermere with a 3%increase to cover the City of Ocoee's increased costs. The City of Ocoee will continue
to make available to the Town of Windermere one (1) of the City of Ocoee's Code Enforcement Officers to
provide code enforcement services within the Town of Windermere for approximately eight(8)hours a week.
It is anticipated that the Code Enforcement Officer will perform the services over two(2) four-hour segments
on nonconsecutive days in each Town; however, the schedule may change depending upon circumstances. If
the Town of Windermere would like to use more than the weekly eight(8)hours per week,the Town will pay
an overtime rate of$46.86/hour.This is dependent upon the workload of the Code Enforcement Officer.
Approved on Consent. Motion carried 5-0.
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G. FIRST READING OF ORDINANCES
9. First Reading of Ordinance Amending Chapter 78 of City of Ocoee Code of
Ordinances to Recognize the Ocoee Fire Department as a Separate Department of the
City. (Second Reading and Public Hearing Date scheduled for March 7, 2017, Regular Commission Meeting
at 7:15 p.m. or soon thereafter) (Fire Chief Miller)
As part of the Ocoee Fire Department's effort to obtain international accreditation, the organization must
provide documentation that it is legally established. The proposed amendments to Chapter 78 of the City of
Ocoee Code of Ordinances include verbiage that recognizes the Fire Department as well as the Fire Chief.The
current City of Ocoee Code of Ordinances only formally recognizes the Fire Chief and not the Fire Department
itself. It is suggested that the following amendments be made to the ordinance to confirm the existence and
recognize the authority of the Ocoee Fire Department. Staff recommends amending Chapter 78 of City of
Ocoee Code of Ordinances to recognize the Ocoee Fire Department as a separate department of the City.
City Attorney Cookson read the title of the Ordinance. He explained this is being done as part
of the Ocoee Fire Department's effort to obtain international accreditation. In order to obtain this
accreditation, the organization must provide documentation that it is legally established. Fire
Chief Miller reiterated what the City Attorney shared.
Mayor Johnson announced that this will be presented as a second reading and public hearing at
the next scheduled City Commission meeting on March 7, 2017.
10. First Reading of Ordinance for Resendiz — 272 East Silver Star Rd Annexation and
Initial Zoning; Project No(s): AX-12-16-60/RZ-16-12-06. (Second Reading and Public Hearing
Date scheduled for March 7, 2017, Regular Commission Meeting at 7:15 p.m. or soon thereafter) (City
Planner Rumer)
The subject property is located on the north side of E. Silver Star Road and south of Rewis Street, 2,200 feet
east of the intersection of Bluford Avenue and E. Silver Star Road. The subject site is approximately +/- 2
acres and currently contains one (1) single-family residence. The parcel ID number is 17-22-28-0000-00-126.
The future land use & requested initial zoning classification of the subject property is Orange County/Low
Density Residential, which allows up to four (4) dwelling units per acre. The requested rezoning would be
from Orange County/Low Density Residential to City of Ocoee/Low Density Residential.The subject property
is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on
the east,west, and northern boundaries. City staff has requested a City of Ocoee zoning designation of R-1AA
(Single-Family Dwelling), which is consistent with the adopted future land use designation of Low Density
Residential, shown on both the City of Ocoee and Orange County Joint Planning Area Future Land Use Maps.
This property already benefits from Ocoee Fire Rescue services via a joint"First Responder"Agreement with
Orange County. The proposed annexation is a logical extension of the City limits, urban services can be
provided, and the annexation meets state and local regulations. The land use and initial zoning are also
consistent and compatible with surrounding properties. Based on the recommendations of the DRC and
Planning & Zoning Commission, Staff recommends that the Honorable Mayor and City Commissioners
approve the Annexation and Rezoning of the +/-2 acres parcel of land known as the Resendiz parcel with an
Initial Zoning classification of"R-1AA."
a) First Reading of Annexation Ordinance
b)First Reading of Rezoning Ordinance
City Attorney Cookson read the titles of the Ordinances.
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Mayor Johnson announced that this will be presented as a second reading and public hearing at
the next scheduled City Commission meeting on March 7, 2017.
H. SECOND READING OF ORDINANCE—PUBLIC HEARING
11. Second Reading of Ordinance for Amending City Code Chapter 115 to Provide for
Code Enforcement Abatement Cost Recovery through a Citywide Special Assessment
District. (Advertised in the West Orange Times on Thursday, February 9, 2017.) (Support Services
Director Butler)
Chapter 115 of the Code of Ordinances of the City of Ocoee authorizes the City to identify and abate nuisances
and hazards. Cost recovery is presently limited to placing a lien on the property to encourage payment of the
City's costs. Staff proposes to provide an additional cost recovery mechanism through establishment of a
citywide special assessment district by modifying Chapter 115. The special assessment district would cover the
entire city,but only those properties with an unpaid code enforcement abatement invoice would be included in
the assessment roll provided to the Orange County Property Appraiser as part of the annual property tax billing
cycle.
Support Services Director Butler explained that this is a two part item as they will need an
ordinance authorizing the City to establish a Citywide special assessment for code enforcement
abatements. There is also a resolution that will need to be adopted in accordance with Florida
Statutes, directing staff to utilize the special assessment program to collect the cost of code
enforcement abatements.
City Attorney Cookson read the title of the ordinance and resolution.
The public hearing was opened.
Chris Adkins, 606 Ridgefield Avenue, asked for clarification on the ordinance. Support
Services Director Butler briefly explained the current cost recovery and how the proposed
ordinance will provide an additional cost recovery mechanism through establishment of a
citywide special assessment district. Mr. Adkins shared his concerns of how this ordinance may
force undue and unjust costs onto potential buyers at a later date. Mayor Johnson commented
that one of the purposes of this ordinance is so that the taxpayers of the City do not have to wait
for the burden of someone else's misdeeds to be paid.
The public hearing was closed.
Motion: Move to adopt Ordinance No. 2017-010,Amending City Code Chapter 115
to Provide for Code Enforcement Abatement Cost Recovery through a Citywide
Special Assessment District. Moved by Commissioner Keller, seconded by
Commissioner Wilsen.
After a brief discussion. Motion carried 5-0.
Motion: Move to adopt Resolution No. 2017-003, Relating to the Collection of
Code Enforcement Abatements throughout the City of Ocoee.
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Moved by Commissioner Grogan, seconded by Commissioner Keller; Motion
carried 5-0.
I. REGULAR AGENDA—None
J. STAFF ACTION ITEMS—None
K. COMMENTS FROM COMMISSIONERS -
Commissioner Grogan — Announced the Ocoee Little League Parade is this Saturday; further
inquired if use of the float/sleigh could be available to them whenever there is a parade. City
Manager Frank said they are entitled to use the float. Commissioner Wilsen shared that she
would like to remain using the truck. Discussion ensued regarding unity of the Commission and
using the float for all of them to ride in. Commissioner Wilsen said she would be okay with
those arrangements as long as they set limits. After discussion, consensus was that each member
of the Commission can bring two guests to ride along in the float with them.
Assistant City Manager Shadrix advised that the City's Economic Consultant, Angel de la
Portilla was present tonight to give a quick update on the West Oaks Mall. Angel de la Portilla
shared that he had a meeting with the West Oaks Mall and Bed Bath& Beyond has leased 35,000
square feet at the former Belk's store. This will be a call center for e-commerce, which will bring
500 jobs to Ocoee. There are only three locations in the country for this call center and Ocoee
will be one of them. He further shared the former Border's store will be a Game Time and the
Bate's New England Seafood& Steakhouse Restaurant will be opening up soon.
Commissioner Wilsen — 1) Announced Spring Fling is March 11th at Bill Breeze Park from
10am - 3pm. 2) Reminded City Manager Frank that she would like some statistic information on
the rental of the Lakeshore Center. City Manager Frank said he would check on the status of
this request and provide it to her. She further shared there was some noise issues down at the
lake this weekend, which she had to call police. Deputy Police Chief McCosker said that they
will add a watch order specifically for the noise violations and will also have the marine patrol
back out on the weekend. City Manager Frank said they are also going to have a park ranger
that will be under the police department who will be spending a lot of time down by the lake.
Staff advised that applications have been collected for that position, and they will be setting up
interviews soon. Deputy Police Chief McCosker advised the commissioner that if she receives
calls, she can contact him and he will be sure that someone responds immediately. He also
encouraged residents to call the non-emergency number for issues like this.
Commissioner Firstner—said that everyone he speaks to wants to know what is going on in the
City; further inquired if they could be provided a monthly project development status list from
planning and the Economic Developer. City Manager Frank said he agrees and advised that he
will speak to staff to be sure they are all provided a monthly project development list.
Commissioner Keller — shared that he is still getting complaints on the box truck and needs
code enforcement to come up with some ground rules on if a box truck is a commercial vehicle.
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Subdivisions are saying it is a commercial vehicle, but code enforcement is stating it is not. City
Manager Frank answered that it is looked at by weight of the vehicle. He further asked the City
Attorney if they have looked at the ordinance to see if there is a way to include this so that it can
be addressed. City Attorney Cookson asked for clarification on the box truck; the commissioner
was advised that staff would look into this issue.
Mayor Johnson — 1) Inquired if the commissioner had received the list from Sleepy Harbor
Condos. He advised it was a list of all the break-ins and vandalism that have occurred in their
subdivision. Commissioner Wilsen said she had the list and would forward it to the Police Chief
and Deputy Police Chief. 2) Said they keep getting complaints from the business owners on Hwy
50, and he has tried to advise the businesses that FDOT would be in charge of that construction.
The business owners are upset that only 3-4 people are working on the Hwy 50 project. 3)
Announced Ocoee Little League Parade and Opening Ceremony this Saturday at 8:00 am.
Encouraged residents to come out as our youths are a big part of the City.
ADJOURNMENT - 8:44 PM
APPROVED:
Attest: / C'i of Ocoee
Melanie Sibbitt, City Clerk Rusty'Jolts , Mayor
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