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02-06-18 Minutes MINUTES FEBRUARY 6,2018, at 6:15 P.M. REGULAR CITY COMMISSION MEETING CALL TO ORDER- 6:16 PM Mayor Johnson called the regular session to order at 6:16 p.m. in the Commission Chambers of City Hall. Mayor Johnson respectfully requested a Moment of Silence for Retired Firefighter Lt. James Kelley who passed away on Sunday, February 4, 2018. 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 PRESENTATIONS AND PROCLAMATIONS - 6:18 PM Proclamation - Black History Month - February 2018,read by Mayor Johnson. COMMENTS FROM CITIZENS/PUBLIC - None STAFF REPORTS AND AGENDA REVIEW -None COMMISSIONERS ANNOUNCEMENTS -None CONSENT AGENDA- 6:21 PM Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 - #11 with Item #4 being pulled for discussion and separate consideration. Moved by Commissioner Keller, seconded by Commissioner Firstner; Motion carried 5-0. 1. Approval of the Minutes for the Regular Commission Meeting held January 16, 2018. (City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 2. Approval of Reappointments to the Citizen Advisory Council for Ocoee Police Department. (City Clerk Sibbitt) Members of the Citizen Advisory Council for Ocoee Police Department serve three-year terms. The Resolution creating the Board allows no more than fifteen (15)members. Currently the board has eleven(11) members and no applications on file. The terms of Members David Ball, Jose Santana, Jr., and Adrian Hill expired on January 1, 2018. Member Ball and Member Hill have indicated they are willing to serve another three-year term, if reappointed. Due to failure of appearance to their regularly scheduled board meetings and no response via email and letter,Member Jose Santana,Jr.,is not being recommended for reappointment. Approved on Consent. Motion carried 5-0. 1 ' Page Regular City Commission February 6,2018 3. Approval of Reappointment to the Planning and Zoning Commission. (City Clerk Sibbitt) On February 9, 1999, Ordinance No. 99-09, was adopted requiring nine (9) members, who are City residents and geographically diversified, to serve on the Planning and Zoning Commission. Members of the Planning and Zoning Commission serve three-year terms. Currently, the board has eight (8) members with two (2) members from District 1, two (2) members from District 2, two (2) members from District 3, and two (2) members from District 4. One member has a term expiring February 2018 and wishes to be reappointed. Member Jim Sills has stated his interest in being reappointed for another term. In 2017 Member Sills had attended 9 of 9 meetings. Approved on Consent. Motion carried 5-0. 4. Approval of the Ocoee Crown Point Planned Unit Development(PUD)Use Agreement. (City Planner Rumer) Mattamy Orlando, LLC, a Delaware limited liability company, is the owner and developer of Ocoee Crown Point PUD. The Preserve at Crown Point Homeowner's Association ("HOA") is the homeowners association for the Project. The HOA has requested the City of Ocoee enter into a Use Agreement with the HOA to allow the HOA to install, construct, and maintain improvements, in the form of additional landscaping and an irrigation system on public land identified as "Tract B," located in the northwest intersection of the traffic circle at Stonegate Drive and Ocoee Crown Point Pkwy.The HOA is requesting the Use Agreement in order to enhance the appearance of the entrance to the Preserve at Crown Point Subdivision. The HOA will plant additional trees and shrubs, provide maintenance to the area, and provide additional irrigation to adequately maintain the landscaping. The City in turn will be removed from maintenance obligations. The Use Agreement binds the property for a ten(10)year period.This will allow the transition of maintenance back to the City if at such time the HOA, which may be under the full control of the residents to remove the obligation without the necessity to amend the agreement before the City Commission. City Manager Frank explained that in a meeting with the Mayor there were some concerns with the Use Agreement and binding the property for a ten (10) year period. They had discussed the possibility for a twenty (20) year term instead and felt the applicant would be in favor of it. City Planner Rumer explained that this Use Agreement is for the pond located at the terminus of Ocoee Crown Point Parkway where the Mattamy project is underway. The developer does not have frontage on Ocoee Crown Point Parkway. Furthermore, they are asking if the pond currently maintained by the City can have additional landscaping and an irrigation system, which the developer will maintain for a period while they sell their lots. He personally came up with the ten (10) year term and feels the developer would be amenable to whatever the City Commission decides. Motion: Move to adopt Consent Agenda Item #4 subject to modifying the ten (10) year term to a twenty (20) year term. Moved by Commissioner Grogan, seconded by Commissioner Wilsen; Motion carried 5-0. 5. Approval of Educational Affiliation Agreements. (Fire Chief Miller) The Ocoee Fire Department is seeking formal affiliation agreements with local schools. The affiliation agreements will allow personnel who are attending paramedic school the ability to complete their ride times on the agency's rescue units and receive credit towards school. Approved on Consent. Motion carried 5-0. 21 Page Regular City Commission February 6,2018 6. Approval of First Amendment to Agreement for City Wide Towing Services. (Police Chief Brown) The City of Ocoee utilizes a tow rotation and has contracts with Car Store Towing and Sly's Towing. The initial contract was a three-year contract beginning on March 1, 2014, and ending on February 28, 2017, with two automatic one-year renewable extensions.The first automatic one year renewable extension is set to expire on February 28,2018.The rates in the contract are based on Orange County tow rates. Since the initial contract date,the Orange County tow rates have been amended and the contract has a clause that allows for a change in tow rates,which is in the mutual interest of all parties. The initial tow rates in each category are remaining the same. Charges for some additional services, such as rate per mile, storage,time on scene, and immobilization, are increasing to the consumer of these services. Additionally, legal counsel recommended the removal of redundant language in Exhibit B. Approved on Consent. Motion carried 5-0. 7. Approval of Spectrum Bluford Avenue Overhead to Underground Conversion. (Public Works Director Krug) The City Commission awarded the Bluford Avenue Streetscape Construction Project in April of 2017. An integral part of this streetscape project in the Downtown Master Plan is the conversion of pole mounted overhead utilities to underground facilities. The conversion for electrical and cable utilities was incorporated in the projects funded through the General Fund bond. The City has coordinated with Spectrum Cable to complete the conversion and determined the work could be expedited at a cost savings by having City's Bluford Avenue corridor contractor, Oelrich, install the buried conduit portion of the system for approximately $150,000. Public Works has evaluated the Spectrum cost of$93,483.68 to complete their portion of the work and found it to be within industry standards. Public Works will be following this item in the near future with the conversion of the electrical service in the corridor as planned in the Bonded projects. Public Works recommends approval of this portion of the utility conversion in order to facilitate the completion of the Streetscape Project. Approved on Consent. Motion carried 5-0. 8. Emergency Notification Pursuant to Section 21.6, Chapter 21 of Code of Ordinance City of Ocoee; Emergency Gravity Sewer Main Repair on Olympia Park Circle. (Utility Director Smith) Both the Public Works and Utilities Departments were notified on November 16, 2017, of a possible sinkhole due to failing pavement and parkway on Olympia Park Circle. The soil subsidence appeared to be near the sanitary sewer lateral serving the home at 1354 Olympia Park Circle. This was confirmed when Utilities tried to camera the lateral,but could not due to it being inundated with wastewater from the home. Both attempts by staff to dislodge blockage and/or excavate the lateral for damage were unsuccessful. Due to the main's depth and a 48"reinforced concrete storm sewer pipe running parallel to the main in the same trench,the excavation and repair exceeded the capabilities of City staff. Sanpik, Inc., the contractor for the North Phase of the ongoing downtown sewer project, was mobilized to make the repairs. The main correction was completed November 21, 2017, and was found to have been caused by a damaged fitting where the lateral tied into the sewer main. Although, the sewer main was functioning with a damaged fitting, failure was imminent and would have resulted in 70 homes without sanitary sewer service, and backflow into homes would have been possible if not quickly discovered. A main failure would require bypass pumping. Due to excavation being necessary to determine the scope of repair, only repairing the main at the same time was considered. SanPik, already working for the City, was able to quickly mobilize. The repair of the gravity sewer main is coming from 407-535-00-6302 in the amount of$26,032.30. Approved on Consent. Motion carried 5-0. 3IPage Regular City Commission February 6,2018 9. Emergency Notification Pursuant to Section 21.6, Chapter 21 of Code of Ordinance City of Ocoee; Emergency Backup Generator Repair Ocoee Wastewater Treatment Facility. (Utility Director Smith) During the week of July 10, 2017, coolant water was found in the crank case oil of the backup generator's diesel engine at the Ocoee Wastewater Treatment Facility. Water in the oil is significant requiring immediate repair of the engine. Due to the size and complexity of the engine, Ring Power Corporation was contracted to remove and transport the engine to their facility, provide an assessment of the needed repairs, and then repair the engine. Repair was estimated to take a minimum of 16 to 18 weeks, and Ring Power provided a backup generator (rental) during the repair. Staff reviewed alternatives to the repair such as replacement, but elected the repair. A loss of shore (Duke Energy) electrical power in conjunction with the failure of the backup generator would result in complete shutdown of the wastewater plant. During the engine repair, Hurricane Irma interrupted shore power for 2.5 days, where the rental generator's use was required. The repair of the generator engine was completed by Ring Power at a cost of$82,210.00,taking three months to complete. The rental cost$30,696.50 for a total emergency cost of$112,906.50.A replacement backup generator is estimated at $225,000, with an anticipated delivery time of 26 weeks (rental cost estimated at $62,000) for a total replacement cost of$287,000. The backup generator was scheduled to be replaced in fiscal year 2022,but will be evaluated, due to current improvements, for extension further out in the wastewater treatment facility's ten- year maintenance program. Approved on Consent. Motion carried 5-0. 10. Approval of Resolution Relating to Property Acquisition for the Lift Station No. 66 Project. (Assistant City Manager Shadri• x) The City needs to acquire certain property for the Lift Station No.66 Project. Approved on Consent. Motion carried 5-0. Assistant City Manager Shadrix gave the City Commission a brief update on the approval of Consent Agenda Item#10 which was a resolution to proceed with eminent domain acquisition of 128 N. Bluford Avenue. 11. Approval of Settlement Agreement - Alexander Joseph Antolic Irrevocable Special Needs Trust. (Police Chief Brown) The Ocoee Police Department is a Member Agency of the Metropolitan Bureau of Investigation (MBI). On August 23,2012,MBI was named as a beneficiary of the Alexander Joseph Antolic Irrevocable Special Needs Trust. A lawsuit has been filed in the Ninth Judicial Circuit in and for Orange County over a dispute related to the disbursement or non-disbursement of trust funds to Alexander Joseph Antolic, which named MBI and its Member Agencies a party. This was solely based on MBI being named as a remainder beneficiary of the Trust. This settlement agreement releases MBI and its Member Agencies from any and all claims, debts, liabilities, damages,causes of action,attorneys' fees,costs or lawsuits related to this lawsuit. It also releases MBI and the Member Agencies as a party to the pending lawsuit.There is no financial impact to the City. Approved on Consent. Motion carried 5-0. PUBLIC HEARING -None 4IPage Regular City Commission February 6,2018 FIRST READING OF ORDINANCE - 6:26 PM 12. First Reading of Ordinance Amending Section 5-12 of the City Code Governing, Absentee Voting to Designate such Absentee Voting as "Vote-by-Mail," as is Consistent with Recent Changes to the Election Statutes. (Second Reading and Public Hearing scheduled for February 20, 2018,_Regular Commission Meeting at 6:15 p.m.;or soon thereafter) (City Clerk Sibbitt) The City has determined that citations to State Statute contained within and incorporated into Section 5-12 of the City Code governing absentee ballots are in need of correction in light of a recent amendment by the Legislature to the relevant election statute. The Legislature has recently amended the election statutes to use the term"vote-by-mail"ballot instead of"absentee"ballot, and the City finds that it is appropriate to similarly amend Section 5-12 of the City Code with respect to such terms. City Attorney Cookson read the title of the Ordinance. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on February 20, 2018. SECOND READING OF ORDINANCE—None REGULAR AGENDA - 6:27 PM 13. Appointment of Members for the 2018 Canvassing Board. (City Clerk Sibbitt) In accordance with Section C-50 of the Ocoee City Charter, the Canvasing Board will consist of three (3) citizens appointed by the City Commission. On February 5, 2013, the consensus of the Commission was that the Mayor and two (2) Commissioners whose district seats are not part of the election should each select one (1) member for the Canvassing Board. In keeping with that practice, Mayor Johnson, Commissioner Grogan and Commissioner Firstner would each need to appoint a member for the Canvassing Board. The Canvassing Board will meet on March 13,2018,at 4:00 p.m.,at the Supervisor of Elections Office, 119 West Kaley Street, Orlando.The process of canvassing and auditing the election results may take several hours. City Clerk Sibbitt advised the Board in accordance with the City's Charter the Mayor and two (2) Commissioners whose district seats are not part of the upcoming election each need to appoint one (1) member to make up the Canvassing Board to canvass the City's next election, which will be held on March 13, 2018. Consensus of the City Commission was to make the three appointments at the February 20th Commission Meeting, and they will be ratified at that meeting. 14. Discussion Regarding the Broadcasting and Use of the City Commission Chambers for the Political Forum Hosted by the GFWC Woman's Club. (City Clerk Sibbitt) Commissioner Wilsen indicated she has to excuse herself from the vote. City Attorney Cookson advised that Commissioner Wilsen will be abstaining from voting, because she has a conflict of interest as she is a board member of the Ocoee Woman's Club. (Form 8B on File with the City Clerk's Department) Commissioner Wilsen further shared that she will be excusing herself from all Ocoee Woman's Club Meetings that will occur before the Political Forum so that she will not be aware or involved with this event. SIPage Regular City Commission February 6,2018 Mayor Johnson inquired as to the date the Ocoee Woman's Club wanted to host the event. City Clerk Sibbitt advised what she is requesting this evening is approval for the broadcasting and use of the Commission Chambers so that she may proceed with providing the Ocoee Woman's ff Club dates that the commission chambers will be available so they may reach out to the candidates to advise them. A date has not been selected as of today. Vicki Raduenz, Representative for the Woman's Club of Ocoee, shared that they have been waiting for approval on being allowed to sponsor the Political Forum in the Commission Chambers so as of this time a date has not been selected. Consensus of the City Commission, with Commissioner Wilsen abstaining, was to allow the broadcasting and use of the Commission Chambers for the Political Forum to be hosted by the GFWC Woman's Club. (Form 88 is filed with the City Clerk's Department.) STAFF ACTION ITEMS - None COMMENTS FROM COMMISSIONERS - 6:32 PM Commissioner Grogan — 1) Shared that his heart goes out to the Kelley Family on the loss of Mr. James Kelley. 2) Further shared that he had heard on the radio that the construction on SR 50 would continue until April and inquired if the City had an update on where FDOT stood with the construction. City Manager Frank confirmed that he had heard the same. Commissioner Wilsen — Also shared that her prayers are with the James Kelley Family as he was a real advocate for the Ocoee Fire Department and loved Ocoee. He will be sadly missed. Commissioner Firstner — Shared that James Kelley was a member of the Ocoee Fire Department for 25 years, and he had the privilege to serve with him for 14 of those years. He shared some of the many traits that he admired of Mr. Kelley including his ability to negotiate on F` behalf of the Fire Union. He was very involved in the community and will be greatly missed. Commissioner Keller — Shared that he had met Mr. James Kelley 12 years ago when he was first running for office. Mr. Kelley was a tremendous influence to the City and did a great job with the Fire Union. He further shared some fond memories that he recalled of Mr. Kelley. Mayor Johnson — 1) Announced that they have two people present this evening that are running for County Commission seats which entails part of Ocoee. He briefly introduced Mark Byrd and Christine Moore. 2) Shared that every year they sponsor the Elks Charity Ball and he wanted to be sure that $1,000 was budgeted and is sent for that event. 3) Shared that every year he, Commissioner Wilsen, and Commissioner Keller attend the HapCO event at the Ocoee High School. They attended this year, and it was a great event. So he is wondering if they could donate $500 toward sponsoring the HapCO Jazz Festival that is held at Ocoee High School. f' Motion: Move to approve $500 from Contingency Fund to sponsor the HapCO Jazz Festival that is held at Ocoee High School. . Moved by Commissioner Grogan, seconded by Commissioner Wilsen; Motion carried 5-0. Wage Regular City Commission February 6,2018 4) The City's General Election for Commissioner Districts 2 and 4 will be on March 13th. The candidates that have qualified for Commissioner District 2 are Robert Rivera and Incumbent Rosemary Wilsen. The candidates that have qualified for Commissioner District 4 are George Oliver III and Incumbent Joel F. Keller. In order to vote in this election you must be registered by next Monday, February 12th. For more information visit the City's website. 5) Food Truck and Movie in the Park is Friday, February 16th from 6:OOpm-9:OOpm at Bill Breeze Park. This month's movie is "Despicable Me". The movie starts at 7:30pm. 6) Each February the City of Ocoee formally recognizes Black History Month. The City's Human Relations Diversity Board will hold their 14th Annual Black History Month Essay Contest Awards Ceremony on Wednesday, February 28th at 6:30 p.m., at City Hall, 150 North Lakeshore Drive. Students will recite their winning essays which address the theme "The Dream Starts With Me." 7) Shared that there was not a more warmhearted and giving person than Mr. James Kelley. He further shared some fond memories of Mr. Kelley, who started with the City at Public Works and changed careers by joining the Fire Academy eventually becoming a Firefighter. Mayor Johnson shared that he has known Mr. Kelley since birth; and even though he lived in Winter Garden, he loved Ocoee. One of the projects Mr. Kelley wanted to work on was updating the Veteran's Memorial Garden, which the Mayor advised he will address at a later date. ADJOURNMENT - 6:42 PM APPROVED: Attest: _'• Oeje.re44/_ � g isoilooP Melanie Sibbitt, City Clerk Rusty Jo is t ayor p3p. fi E 7IPage FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAM IDDLE NAME N E OF BOARD COUNCIL,COMMISSION AUTHJO IT' OR COMMITTEE (,U i b>°n _ v C v-( De 01 � t-)0. on MAILING ADDRE S THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 15 1 1CLCer)h .I, �I{-a yie ICH I SERVE ISA UNIT OF: CITY (J I ( (� I �/1 / COUNTYCJ('( CITY ❑COUNTY 0 OTHER LOCAL AGENCY ` OPn / % N QF FkLITICAL UBD�VI )U� e o DATE ON WHICH VOTE clOCCURRED MY POSITION/S: 4( v/R XELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(GRAS) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a"relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Vi)enTr 1/011 ) , hereby disclose that on ,20 /E : (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, • V inured to the special gain or loss of OCaSI. (A_ A/\L;-u5 C;�7 , by whom I am.r'rta W � inured to the special gain or loss of ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. 4-°//g' Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.