Item #01 Approval of the Minutes for the Regular City Commission Meeting held March 21, 2017 MINUTES
MARCH 21,2017 at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER— 7:15 I'M
I
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 Grogan. Deputy City Clerk Heard called roll
and declared a quorum present.
Present: Commissioner Grogan, Mayor Johnson, Commissioner Firstner, Commissioner Keller
Absent: Commissioner Wilsen
B. PRESENTATIONS AND PROCLAMATIONS - 7:18 PM
Proclamation—Water Conservation Month - April 2017
Mayor Johnson read the Proclamation, which was accepted by Miranda Justice, Water
Conservation Coordinator with the Utilities Department.
Ocoee Special Economic Enhancement District (S.E.E.D.) Brownfield Update. (City
Planner Rumer)—Continued to the April 4, 2017 City Commission Meeting.
Update on Moratoriums for Overlay Districts and Above Ground Utility Poles. (City
Planner Rumer)
City Planner Rumer presented an update regarding the moratoriums for overlay districts and
above ground utility poles. He indicated Ordinance No. 2016-016, Implementing a Temporary
Moratorium for Above Ground Utility Poles, expires next month, April 30th; and further, he is
recommending extending the moratorium until after the next legislative session, because of
House Bill 687. City Attorney Cookson concurred indicating another ordinance will be
forthcoming extending the moratorium until after the next legislative session.
City Planner Rumer also advised Ordinance No. 2016-015, Implementing a Temporary
Moratorium within the Special Overlay Areas, expires March 31st. He indicated staff needs
more time to work on the ordinance that will amend the Land Development Code on limiting
uses within the special overlay areas. Commissioner Keller asked about the timing of the
public hearing. City Planner Rumer indicated that a resolution will be forthcoming to extend
the ordinance for another six months.
C. COMMENTS FROM CITIZENS/PUBLIC - 7:24 PM
Martha Lopez-Anderson, 2438 Alclobe Circle, thanked the City for their support with the
Spring Fling. She reported residents have indicated it was the best one yet with many businesses
and organizations that were in attendance. She said 1500 hot dogs were prepared by the Lions
Club and served by the Junior Service League and the Women's Club of Ocoee. She stated many
departments within the City participate in this event to make it a success, but she especially
wanted to thank the Police Department and Utility Department and the volunteers for making
this event a real success. Ms. Lopez-Anderson, as founder and president of Saving Young
Hearts, again thanked the Commission and the Fire Department for supporting this organization.
She reported that 121 children between the ages of 5 and 18 years old were screened, and five
children were identified with risk factors, but two of the five were emergent cases, which
required immediate follow-up care. She also indicated that all of the children and families were
taught CPR and instructions on how to use an automated external defibrillator.
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Chris Adkins, 606 Ridgefield Avenue, asked if the audit has been started and who was the
contractor that was contracted to do the audit. Chief Accountant Briggs indicated the FY 2016,
ending September 30, 2016, is currently under audit by McDirmit Davis & Company, whom has
been the City's auditors for several years, and the completion date is anticipated to be the end of
April. Mr. Adkins indicated he is asking about a different audit, which is being done on each
department to which Chief Accountant Briggs said he is unable to report about that. Discussion
ensued about a prior vote on this to which Mayor Johnson indicated they will look into this and
report back.
R.P. Monacky, 1820 Prairie Lake Boulevard, inquired about Agenda Item 8 and asked for
clarification on what the City is going to do with the $25 million. Mayor Johnson informed
Mr. Monacky that this should wait until they get to this item.
D. STAFF REPORTS AND AGENDA REVIEW- 7:30 PM
City Manager Frank announced the Best Fest event is next week, Thursday, March 30th from
5:00 to 8:30 pm at Bill Breeze Park on beautiful Starke Lake. For more information and/or
tickets contact the West Orange Chamber of Commerce at 407-656-1304.
E. COMMISSIONERS ANNOUNCEMENTS - 7:31 PM
Commissioner Keller—None.
Commissioner Firstner — Thanked Martha Lopez-Anderson and her fantastic organization,
Saving Young Hearts, for all they do.
Commissioner Grogan—None.
Mayor Johnson— I) Announced the Districting Commission Meeting meets the 4th Monday of
every month at 6:30 pm here in City Hall. The next scheduled meeting is Monday, March 27th.
2) The Charter Review Commission is meeting next month on Wednesday, April 19th here in
City Hall at 6:30 pm. Please note: The Board has changed the start time for all future meetings
from 7 pm to 6:30 pm.
F. CONSENT AGENDA— 7:32 PM
Consent Agenda Motion
Motion: Move to Approve the Consent Agenda Items #1 -#6.
Moved by Commissioner Keller, seconded by Commissioner Firstner; Motion
carried 4-0 with Commissioner Wilsen absent.
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1. Approval of the Minutes for the Regular City Commission Meeting held March 7,
2017. (City Clerk Sibbitt)
Approved on Consent. Motion carried 4-0 with Commissioner Wilsen absent.
2. Approval of Second Amendment to Development Agreement for Ocoee Town Center
with Oasis at Lake Bennet,LLC. (City Planner Rumer)
On December 6, 2011, the City Commission approved and executed a Development Agreement for Ocoee
Town Center by and between Colonial Bluford LLC and the City of Ocoee. The Development Agreement
required the development of certain future public roads with the ability to receive impact fee credit for the
construction costs. Subsequent to the execution of the Original Agreement, on lune 16, 2015, the City
Commission approved the First Amendment to the Development Agreement which shifted the obligation to
construct certain public roads to Oasis at Lake Rennet, LLC,as part of the Oasis at Lake Bennet multi-family
project.
Due to the timing of the construction of City Center West Orange Development, City staff authorized the
construction of Public Road#3 (also known as Richmond Avenue)to be fully constructed by City Center West
Orange. This action relieved Oasis at Lake Bennet, LLC, from the obligation to construct Public Road #3.
The Second Amendment to the Development Agreement proposes to remove the obligation to Construct
Public Road#3 (also known as Richmond Avenue)from the Development Agreement.
Approved on Consent. Motion carried 4-0 with Commissioner Wilsen absent.
3. Approval of Award of RFP #17-003 Shuttle Bus to Florida Transportation Systems,
Inc., in the Amount of$101,554.00. (Purchasing Agent Tolbert)
The budget for Fiscal Year 2017 includes the four-year lease-purchase of one(I)replacement bus for the Parks
and Recreation Department. The proposal is for one(I)new Blue Bird Vision 34 passenger activity bus. The
vehicle is certified as a multi-function school activity bus. The bus has safety features, such as emergency
exits,heavily padded seats,reinforced sidewalls,etc.The bus will be used to transport children to and from the
City's recreation center to school,as well as adults for City sponsored events. The Respondent will be required
to comply with all State and Federal laws and regulations regarding transportation and the sale of activity
buses for the purpose of carrying children to and from school. Delivery is within 90-130 days after receipt of
order (ARO). In compliance with the Purchasing Policy - Chapter 21 of the City's Code of Ordinances, a
Request for Proposals(RFP)was advertised on February 12,2017,and was publicly opened on March 1,2017.
There was a single proposal received. The proposal was evaluated by the RFP Evaluation Committee
appointed by the City Manager, which was comprised of three(3)members: Jeff Hayes, Parks and Recreation
Director; Steve Krug, Public Works Director; and Bill Simmons, Public Works Operations Manager. The
evaluation committee recommends the purchase of the shuttle bus from Florida Transportation Systems, Inc.
The price of the bus is below the estimate incorporated into the City's budget and will be added to the
upcoming lease/purchase financing agreement along with other equipment and vehicles.
Approved on Consent. Motion carried 4-0 with Commissioner Wilsen absent.
4. Approval to Trade in Non-Working Thermal Camera for Credit on Purchase of New
Camera. (Fire Chief Miller)
The Ocoee Fire Department utilizes a thermal imaging camera on each of its apparatuses.These cameras allow
the firefighters to see the image of victims in a smoked-filled, low visibility environment. They are also
utilized to detect the source of the heat/fire for extinguishment. The camera in question has reached its
serviceable life, and the Department would like to trade-in the old camera for credit towards a new imager.
Municipal Equipment is going to give the Ocoee Fire Department a credit of$500.00 for the trade-in of the old
thermal imaging camera towards the purchase of a new camera.
Approved on Consent. Motion carried 4-0 with Commissioner Wilsen absent.
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5. Approval to Donate Ocoee Fire Department Public Education Equipment to the
Westminster Fire Department. (Fire Chief Miller)
The public education equipment, which includes a small stage with puppets and two (2) costumes, was
purchased, primarily through donations, for the Ocoee Fire Department in 1997. During the first 10 years of
service, it was utilized frequently and very effective in educating the youth or Ocoee. In the last several years,
this public education tool has not been used. Therefore, the Ocoee Fire Department would like to assist a
volunteer fire department in need by donating this used public education equipment.
Approved on Consent. Motion carried 4-0 with Commissioner Wilsen absent.
6. Approval of Fencing at City Pond #5 with All-Rite Fence Services, Inc. (Public Works
Director Krug)
City-maintained Pond No. 5, located at the east end of Nicole Boulevard and the northern end of the treatment
plant property on Lake Meadow, has an unfenced open northern border. Off-road vehicles have been
accessing the property and damaging the pond slopes. Public Works proposes fencing the northern property
line to eliminate unauthorized vehicle access to the pond. Public Works proposes utilizing Orange County
Continuing Contract YI6-1075-LC, Fence Installation and Repair, with All-Rite Fence Services, Inc. Public
Works recommends approval to have the fence installed utilizing the Orange County contract as the work is
adequately funded in the Stonnwater Division.
Approved on Consent. Motion carried 4-0 with Commissioner Wilsen absent.
G. PUBLIC HEARINGS— 7:32 I'M
7. Approval of Resolution for the Georgia Street Right-of-Way Vacation. (Advertised in the
West Orange Times on Thursday,March 9, 2017) (City Planner Rumer)
Georgia Street is a 60-foot unimproved right-of-way running in an east-west direction. The right-of-way was
platted under the Map of Ocoee plat. Georgia Street is located north of Maine Street and south of Crooked
Creek Drive. The western portion of Georgia Street located between Richmond and Chicago was previously
vacated. Currently, the subject area is located where the City Center West Orange Development's offsite
retention pond is being constructed. The proposed vacate and abandonment is being brought forward as the
City Center West Orange project is under development and the area of right-of-way is no longer needed. Also,
staff has contacted all utility companies that may have an interest in the location for future services. No
objection responses have been received by all companies.
City Planner Rumer briefly summarized the Georgia Street unapproved platted right-of-way
vacation. He presented PowerPoint maps to explain the subject area, which is north of Main
Street, west of the ditch in the location of the offsite stormwater pond being used by City Center
West Orange. He advised this is being vacated, because it is going to be a stormwater detention
system and new public roads will be created for the City Center West Orange.
City Attorney Cookson inquired if an easement will be reserved for the City. City Planner
Rumer responded an easement is not needed, because there is not a proposed road in the
surrounding area.
City Attorney Cookson read the title of the resolution.
The Public hearing was opened. As no one wished to speak, the public hearing was closed.
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Motion: Move to Adopt Resolution No. 2017-004 for the Georgia Street Right-of-
Way Vacation.
Moved by Commissioner Firstner, seconded by Commissioner Keller; Motion
carried 4-0 with Commissioner Wilsen absent.
Mayor Johnson informed City Planner Rumer that an email was distributed about closing Main
Street. City Planner Rumer indicated that the developer has expressed a need to close the road
in the future for a substantial amount of time, but he wishes to bring this up at a later point when
he has the most accurate information. City Manager Frank agreed and indicated staff drove by
there and could see the need for it.
8. Approval of Capital Improvement Bond Resolutions. (Advertised in the Orlando Sentinel on
Monday, March 13, 2017) (Chief Accountant Briggs)
a. Master Capital Improvement Bond Resolution.
The City previously issued Capital Improvement Refunding Revenue Note, Series 2011 and Transportation
Improvement Refunding Revenue Note, Series 2012 to further realize debt service savings. As directed by the
City Commission, staff proceeded with a new bond issue to facilitate funding the City's General Fund portion
of our downtown Ocoee improvement initiative. In addition to refunding the Series 2011 and 2012 Notes
addressed above, the City is borrowing approximately $25.0 million for the new improvements in the
downtown Ocoee area. The financing has been structured such that there is not expected to be any additional
financial burden to the City taxpayers. The new resolution allows for updates to reflect changes in certain
definitions and a general updating since the City has not revised a General Fund bonds supporting Resolution
since 1999.
Chief Accountant Briggs announced this is the last time this will come before the Board. Since
this was before the Board last time, the rating agencies provided the City with very excellent
ratings, AA Stable from Standard & Poor's. He introduced the Financing team in attendance.
He thanked the Financing team and especially the Mayor, City Commissioners and City
Manager's Department for their excellent work; and further, he indicated the City took the rating
agencies on a tour of the city, which was very constructive for the City. He expressed one of the
most impressive aspects were the efforts by the Commission and the City Manager to keep the
City's reserves in a very positive place, which played a very big part of obtaining this rating.
Chief Accountant Briggs continued to explain the two resolutions before the Board. He
explained the first resolution is a Master Capital Improvement Bond Resolution, which lays the
groundwork for how the City borrows money. The second resolution is unique to the Series 2017
Revenue Refunding, which entails borrowing about $43 million: $18 million is the refunding of
Series 2011 and 2012 Transportation CIP Notes; $25 million for upcoming projects.
City Attorney Cookson read the titles of the resolutions.
Commissioner Keller inquired about the discrepancies between the resolutions indicating "not
to exceed $43 million" and the agenda indicating "not to exceed$44 million." He asked Chief
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Accountant Briggs about the figure. Chief Accountant Briggs explained they requested not to
exceed $44 million strictly because the market is moving upwards, but the anticipated figure is
currently around $43 million. Commissioner Keller asked if the resolution should read "not to
exceed $44 million." Kareem Spratling, bond counsel with Bryant Miller Olive, advised the
Board that should they decide to go up to $44 million, to amend the motion with the language
"not to exceed $44 million."
Mayor Johnson asked staff to present a brief explanation of the $25 million for Mr. Monacky.
Support Services Director Butler explained a number of projects that are currently moving
forward such as road construction, stormwater management, parks and buildings. He indicated
the City has started construction on the Main Street Extension, and a firm has been selected to be
approved at the next City Commission Meeting regarding the Bluford Avenue Reconstruction
Project. The preproposal conference for city hall design criteria package was held today, and the
conceptual planning is underway for the downtown stormwater system and the expansion of the
Lakeshore Center. The next project for bid is the design for street projects on Taylor, Oakland
and McKey; and further, the State Road 50 project will be underway soon to work on the turn
lanes on the Bluford Avenue approach to State Road 50. He further advised all City projects are
on the City's website where you can view each project individually.
R.P. Monacky, 1820 Prairie Lake Boulevard, asked why a new city hall is being built. Mayor
Johnson briefly summarized certain City meetings and events within the past year-and-a-half.
Discussion ensued regarding construction of a new city hall.
The Public Hearing was opened.
Chris Adkins, 606 Ridgefield Avenue, asked how many homes may be directly affected by
potential eminent domain with this particular blueprint. City Planner Romer answered there is
no set amount to date. He believes that under the right-of-way projects there should be no need
of right-of-way, but a temporary construction easement may be needed. He indicated the
Regional Master Stormwater Pond Project has a vision plan in which an engineer has been
consulted with to advise where the stormwater pond should be placed; and further, a park may be
placed on the pond. He said currently there is no number as of yet, but some properties may be
affected.
The Public Hearing was closed.
Motion: Move to Adopt Resolution No. 2017-005, Master Capital Improvement
Bond Resolution, Not to Exceed $44 Million.
Moved by Commissioner Grogan, seconded by Commissioner Keller; Motion
carried 4-0 with Commissioner Wilsen absent.
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b. Supplemental Resolution to Capital Improvement Revenue and Refunding Bonds,
Series 2017,Not to Exceed$44 M.
As part of the annual budget adoption, the City Commission approved the financing of capital improvements
to the Downtown area of the city. Borrowings for the new projects are $25.0M, and additional proceeds of
SI 8.0M will be used to retire the Capital Improvement Refunding Revenue Note, Series 2011 and
Transportation Improvement Refunding Revenue Note, Series 2012. This financing structure will result in
level debt service payments of approximately $2.5M annually through 2046. Revenues pledged for the issue
are the Communications Services Tax, Public Services Tax and the Half Cent Sales Tax. There is not expected
to be any additional financial burden to City taxpayers as a result of this bond issue. This resolution delegates
certain administrative functions to the City Manager related to the Official Statement, Underwriters Purchase
Contract,Registrar and to certain City staff to execute required documents.
Motion: Move to Adopt Resolution No. 2017-006, Supplemental Resolution to
Capital Improvement Revenue and Refunding Bonds, Series 2017, Not to Exceed
$44 Million.
Moved by Commissioner Keller, seconded by Commissioner Grogan; Motion
carried 4-0 with Commissioner Wilsen absent.
Mayor Johnson thanked the Bond Committee and City staff for all of their hard work with
obtaining this bond. Commissioner Grogan announced that the City currently has an "AA"
rating.
H. FIRST READING OF ORDINANCE -7:52 PM
9. First Reading of Ordinance Regulating Human Signs. (Second Reading and Public Hearing
Dale scheduled for April 4, 2017, Regular City Commission Meeting at 7:15 p.m. or soon thereafter) (City
Planner Rumer)
A human sign is a sign that is continuously held by, spun, or attached to a person that displays a commercial
message advertising or otherwise drawing attention to a business, commodity, service, or product. In recent
months,the City of Ocoee City Commission and the City of Ocoee Community Redevelopment Agency have
observed an increase in the number of human signs in the city. Staff was directed to evaluate methods by
which such behavior could be regulated more effectively.Upon review of numerous city codes across the state,
City staff proposes an ordinance to regulate human signs in much the same manner as fixed signage is
regulated. Under the proposed ordinance the Land Development Code and Chapter 153 of the City of Ocoee
Code of Ordinances are both amended. The proposed ordinance will allow for one human sign per business.
Additionally, a human sign must remain on the same parcel or within the common areas of a commercial
subdivision within which the business, commodity, service, or product being advertised is located; the total
sign area for any single human sign may not exceed 96 square inches(2 feet x 4 feet); and a human sign shall
not occupy any portion of the public right-of-way or other public property.
City Planner Rumer explained this ordinance involves regulating human signs or "sign
twirlers," which will allow for the businesses in the city to utilize a form of advertising using
human sign holders, but this ordinance will regulate the sign holders to keep them safe and out of
the right-of-way.
Mayor Johnson announced the Second Reading and Public Hearing is scheduled for April 18,
2017, Regular City Commission Meeting at 7:15 p.m. or soon thereafter. City Attorney
Cookson read the title of the ordinance.
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FI. SECOND READING OF ORDINANCE—PUBLIC HEARING 7:54 P\1
10. Second Reading of Ordinance Regulating Panhandling. (Advertised in the West Orange Times
on Thursday, March 9, 2017) (Deputy Police Chief McCosker)
Panhandling is a solicitation made in person whereby the solicitor requests the immediate donation of money
or other thing of value or requests one to purchase an item in an amount far exceeding the item's value. In
recent 18 months, the City of Ocoee Police Department has observed an increase in aggressive panhandling
and panhandling from City medians and rights of way. The public health, safety, and welfare issues to both
persons and traffic flow that result from such activity are numerous. Therefore, in an effort to balance a
solution to problems arising from such activity while continuing to allow for panhandling in public areas, City
staff has drafted an ordinance that will restrict such activity so that it does not interfere with vehicular traffic,
cause traffic safety or traffic flow issues, and so that it does not constitute a threat to the public health, safety,
and welfare of the citizenry. The proposed ordinance will create a new Article IV at Chapter 153 of the City of
Ocoee Code of Ordinances to establish purpose, findings and intent; clearly describe prohibited activities; and
to require panhandlers to register. This ordinance is modeled after the ordinances previously adopted by the
City of Winter Garden and the City of Orlando and also includes provisions from other city ordinances.
Deputy Police Chief McCosker advised that City Staff is recommending that the Board adopt
the ordinance establishing regulations relating to panhandling.
City Attorney Cookson read the title of the ordinance.
The Public Hearing was opened. As no one wished to speak, the Public Hearing was closed.
Motion: Move to Adopt Ordinance No. 2017-012, Creating a New Article IV of
Chapter 153 of The City of Ocoee Code of Ordinances Relating to Panhandling.
Moved by Commissioner Grogan, seconded by Commissioner Firstner; Motion
carried 4-0 with Commissioner Wilsen absent.
J. REGULAR AGENDA—None
K. STAFF ACTION ITEMS—None
L. COMMENTS FROM COMMISSIONERS—7:55 PM
Commissioner Grogan—None.
Commissioner Firstner — Invited the public to come out to Best Fest on Thursday, March 30th
from 5:00 to 8:30 pm.
Commissioner Keller—None.
Mayor Johnson — Announced road work will be ongoing for 90 days in which there will be a
cut-through from Bluford over to Maguire.
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ADJOURNMENT— 7:56P\I
APPROVED:
Attest: City of Ocoee
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
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