HomeMy WebLinkAbout06-02-2020 Agenda
OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
JUNE 2, 2020 AGENDA 6:15 P.M.
All interested parties are invited to be heard during the public comments and public hearing
portion of the meeting. Due to the current State of Emergency regarding COVID-19, City
Hall is closed to the public; however, the City requests the public to call or email comments
and/or questions to 407-554-7118 or citizens@ocoee.org.
REGULAR CITY COMMISSION MEETING
CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
PRESENTATIONS AND PROCLAMATIONS
Proclamation for June 2020 ~ Small Cities Month (Mayor Johnson)
Presentations by Finance Director Roberts
Utility Billing
CIP Bond Issuance Procedures
Fiscal Year 2019 Audit Results & CAFR by Tammy Campbell with McDirmit Davis
STAFF REPORTS AND AGENDA REVIEW
COMMISSIONERS ANNOUNCEMENTS
PUBLIC COMMENTS
THE PUBLIC IS ALLOWED TO COMMENT ON ANY ITEMS THAT ARE ON THE AGENDA BUT NOT PART OF A
PUBLIC HEARING. PUBLIC HEARING COMMENTS ARE TO BE HEARD DURING THAT PORTION OF THE MEETING.
ANY COMMENTS YOU WOULD LIKE TO MAKE THAT ARE NOT PART OF THE AGENDA WILL BE HEARD UNDER
THE CITIZENS/PUBLIC COMMENTS AT THE END OF THE MEETING.
CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE ACTED
UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS
DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK
TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY.
1. Approval of the Minutes for the Regular City Commission Meeting held May 5, 2020.
(City Clerk Sibbitt)
2. Approval of Reappointment to the Code Enforcement Board. (City Clerk Sibbitt)
The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board
is to review infractions of the City technical Codes, negotiate compliance, and impose fines for failure to
comply. The Code Enforcement Board shall consist of seven (7) regular members and two (2) alternate
members, all with three-year terms. There are no applications currently on file. The three-year term of Member
Warren Lewis expires June 2020. Member Lewis has expressed an interest in being considered for
reappointment. In 2019 Member Lewis attended five (5) out of ten (10) meetings.
3. Approval of Police Department Additional Funding from Budget Amendment
Considered at the May 5, 2020 City Commission Meeting. (City Manager Frank)
At the City Commission meeting of May 5, 2020, staff presented a budget amendment which included
additional funding for the police department in the amount of $103,082. The Commission approved the transfer
pending a more thorough breakdown of the budgetary line items to be funded by this transfer, specifically the
Regular City Commission
June 2, 2020
certified mail costs and confirmation of the certified mail requirement from state statute for red light camera
violations. Police Chief Brown has provided the memorandum clarifying the requested breakdown and
th
confirming the certified mail requirement; however, since the May 5 meeting, additional funding has become
available from the suspension of crossing guard contract due to the COVID-19 virus. Therefore, the City is
modifying the requested additional funding from the budget amendment from $103, 082 to $42,074.
4. Approval of the First Amendment to Development Agreement for Vermeer-Trinity.
(Development Services Director Rumer)
On December 4, 2018, the City Commission approved and executed a Development Agreement for Vermeer-
Trinity, which provided for specific incentives associated with the approved site plan. The First Amendment to
the Development Agreement is in response to the developer’s request to make changes to Section 3 of the
Development Agreement making the Palm Drive realignment plan separate from the Vermeer-Trinity site,
allowing for a 140-day period for the City to request construction of the roadway, and clarifying how the design,
engineering, and right-of-way dedication would be paid for. This amendment also provides the final incentives
for recruiting the businesses of Vermeer and Trinity to locate within the Ocoee S.E.E.D. (Special Economic
Enhancement District). The City will provide for the reduction of the Building Plan review fee and Fire Plan
review fee for the vertical construction of the proposed 28,057 square foot Vermeer Building with a
construction cost of $2,700,000 and the Trinity Building at 44,788 square feet with a construction value of
$2,850,000. Currently, both buildings are finalizing the building Permit review process.
5. Approval of an Interlocal Agreement between the West Orange Healthcare District and
the City of Ocoee for the West Orange Trails Activation Master Plan. (Deputy
Development Services Director/CRA Administrator Corless)
The West Orange Healthcare District (District) is seeking to create a dynamic regional trail system that engages
the community through the activation of wellness hubs along well-designed trail facilities. The District has
requested the City of Ocoee’s assistance in leading work efforts to develop the West Orange Trails Activation
Master Plan, which will include a trail map, list of programing opportunities, capital and program costs, and
recommendations for a branding and promotions program. The West Orange Trails Activation Master Plan will
take approximately nine (9) months to complete, and the District will compensate the City a lump sum amount
of $25,000 for City staff’s resources and expertise in developing the Master Plan.
6. Approval of Memorandum of Understanding between Orange County and the City of
Ocoee for the Use of City Owned and Maintained Property for the Lake Apopka
Connector Recreational Trail. (Deputy Development Services Director/CRA
Administrator Corless)
Orange County Parks and Recreation Division is pursuing the construction of the Lake Apopka Connector
Trail. This trail will connect the existing Lake Apopka Loop Trail and the existing West Orange Trail. The
County is scheduled to design the trail in 2020/2021 and construction is anticipated for 2022/2023. The County
will work with the City during the design process. Upon acceptance of final trail design, the City will grant a
Recreational Trail Easement over the path of the trail in the City owned tract. The County Parks and Recreation
Division will be responsible for maintaining the finished trail. The City maintains a reclaimed water line
running under the proposed alignment for the trail. In the event the reclaimed water line requires repair by the
City, the parties agree that the City will not be responsible for repairs to the trail resulting from said damage to
the finished trail.
7. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and
Workmanship Agreement with Distribution 429, LLC for the Ocoee Business Park
(Maguire Turn Lanes). (Development Engineer Womack)
Ocoee Business Park is a Light Industrial/Flex Office Building Complex subdivision located on the west side
of Maguire Road, south of Franklin Street and south of the railroad crossing on Maguire Road. The developer
has completed construction of the infrastructure improvements for the complex and has requested a Certificate
of Completion. Distribution 429, LLC has provided the City with a Letter of Credit in the amount of 10% of
the constructed improvements. The Surety will be returned to the developer upon completion of the two-year
warranty period and the repair of any damages caused over those two years.
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Regular City Commission
June 2, 2020
8. Approval to Piggyback on City of Orlando Contract for the Purchase of Uniforms with
Galls. (Police Chief Brown)
Since the total amount the City will spend at Galls in this fiscal year will exceed the City Manger’s approval
threshold, entry into a contract is required by either obtaining three quotes, using a sole source, or by
piggybacking on the contract of another governmental entity which was procured in accordance with
competitive procedures. The City of Ocoee Police Department is asking for the Honorable Mayor and City
Commission’s approval to piggyback on the City of Orlando Police Department’s contract with Galls.
9. Approval of the Federal Fiscal Year 2018 Edward Byrne Memorial Justice Assistance
Grant Program (JAG Countywide-State Solicitation). (Police Chief Brown)
This year $11, 009.00 has been made available for the City of Ocoee Police Department through the Edward
Byrne Memorial Justice Assistance Grant (JAG). The Byrne Memorial Justice Assistance Grant (JAG) Formula
Program Committee wishes to submit a 51% Letter to the Office of Criminal Justice Grants in Tallahassee.
This letter lists the various programs for which the participating law enforcement agencies in Orange County
plan to spend the $324,879.00 allocated to Orange County agencies and confirms the City’s approval of the
allocations. The letter and accompanying grant application must be signed by the Mayor. If approved, the City
of Ocoee will receive $11,009.00 to purchase equipment for a decontamination project.
10. Approval of the FDLE Coronavirus Emergency Supplemental Funding Award. (Police
Chief Brown)
The Florida Department of Law Enforcement received a Coronavirus Emergency Supplemental Funding
(CESF) award from the U.S. Department of Justice to be used to prepare for, prevent, and respond to the
coronavirus pandemic. FDLE is passing through a portion of this funding as subawards to units of local
government to include the City of Ocoee Police Department in the amount of $142,727.00.
11. Approval to Award ITB 20-007 The Hammocks Reclaimed Water Retrofit.
(Procurement Manager Tolbert)
In conformance with the policies and procedures of the City of Ocoee (City) and Florida Statutes, bids were
solicited from qualified contractors to construct the Hammocks Reclaimed Water Retrofit. All work for the
project shall be constructed in accordance with the drawings and specifications prepared by the City of Ocoee
Utilities Department. The bid was publicly advertised on Sunday, March 8, 2020, and opened on Tuesday, April
28, 2020. The City received three (3) bids for this project, ranging from $454,299.00 to $700,300.00. Staff
recommends awarding the bid to General Underground, LLC as the most responsive and responsible bidder.
12. Approval for the Consignment of Used Sanitation Trucks. (Public Works
Director Krug)
The Commission declared certain Sanitation vehicles surplus at the March 17, 2020 meeting. In order to
maximize the value of the surplus vehicles, Public Works requested the ability to utilize additional resources
specializing in solid waste industry trucks along with the original suppliers for the sale of the vehicles.
Wastebuilt Environmental Solutions has approached the City to consign four (4) of the vehicles which were
originally purchased through them. With the economy as it is, trucks are in demand and Public Works has
determined the vendor can market the trucks better than through an open bid. Industry contacts have verified
the pricing is the best value we can expect for these particular trucks which will be refurbished by the vendor
before final sale.
13. Approval of RFQ #19-008 Construction Manager at Risk for Fullers Cross Road and
Ocoee-Apopka Road Intersection Improvements Guaranteed Maximum Price
Contract Authorization. (Public Works Director Krug)
The Commission awarded the Construction Manager at Risk (CMR) contract for the Fullers Cross Road and
Ocoee-Apopka Road Intersection Improvements at the September 17, 2019 meeting to Oelrich Construction,
Inc., (Oelrich), and approved the pre-construction services portion of the contract on November 5, 2019.
Oelrich, VHB Engineers and City staff diligently worked on the next step in the CMR process which is to
negotiate the Guaranteed Maximum Price (GMP) and completion dates based on a collaborative value
engineering process of all involved. The City and County have evaluated the GMP proposal from Oelrich and
have determined the pricing to be in line with current industry standards, however this pricing was above the
funding limits set in the original Interlocal Agreement approved in 2018. An Amendment to the Interlocal
Agreement between the City and County has increased the limits of the joint funding to allow the project to
proceed to the construction phase. The County will be contributing $1,100,000.00 to the total cost of the project.
The City’s increase is funded through Road Impact Fees.
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Regular City Commission
June 2, 2020
PUBLIC HEARING
14. Request for Variance – Crisp Property, 1286 Dusty Pine Drive, Project No: VR-19-08.
(Advertised in the West Orange Times on Thursday, May 21, 2020). (Zoning Manager Gajadhar)
The applicant, Kimberly Crisp, is requesting approval of a variance in order to install a six (6) foot high privacy
fence with a ten (10) foot side street setback, versus the required twenty (20) foot side street setback. Article
V, Chapter 5-4, Section I, of the City of Ocoee Land Development Code (LDC) allows fences greater than four
(4) feet, but no greater than six (6) feet high to be placed a minimum of fifteen (15) feet from the property line
in the front side yard of corner lot. The adjacent lot is rear-to-side, which means the front yard setback is also
required on both frontages, which is twenty (20) feet for the subject property.
15. Preliminary/Final Subdivision Plan & Development Agreement for Prairie Lake
Planned Unit Development Townhomes, Project No: LS-2020-002. (Advertised in the West
Orange Times on Thursday, May 21, 2020). (Development Services Director Rumer)
The Prairie Lake PUD is located on both sides of Clarke Road between Hackney Prairie Road and A.D. Mims
Road. However, this particular request will only affect Tract “C” of the Prairie Lake PUD. Specifically, Tract
“C” is permitted for up to 125,000 S.F. of Commercial uses and 80 Townhome units and is located on the
northeast corner Clarke Road and A.D. Mims Road and is approximately 13.99 acres in size. The Prairie Lake
PUD Townhomes Preliminary/Final Subdivision proposes a total of 78 townhome residential lots. The
townhomes will consist of a mix of six (6) unit buildings and four (4) unit buildings. The internal streets will
be private. The development is proposed to be developed in one (1) phase. The subject subdivision will have
one (1) access point on Ocoee Vista Parkway. This main entrance will be aligned with the existing Prairie Lake
Reserve subdivision entrance across Ocoee Vista Parkway. An extension to Ocoee Vista Parkway along the
rear of the property is provided. This extension will provide the undeveloped property to the east a future right-
of-way connection point.
a) Preliminary/Final Subdivision Plan
b) Development Agreement (This is not a public hearing)
FIRST READING OF ORDINANCE - None
SECOND READING OF ORDINANCE – PUBLIC HEARING
16. Second Reading of Ordinance to Amend Chapter 51 of the City Code of Ordinances to
Enact Fees Pertaining to Private Providers for Building Plan Reviews and Inspections.
(Advertised in the West Orange Times on Thursday, May 21, 2020.) (Development Services Director
Rumer)
House Bill 7103, effective July 1, 2019, includes changes to Florida Statute 553.791 regarding the outsourcing
of inspections and plan examination to private providers. In response, the Ocoee Building Division is seeking
to implement changes to fees and business processes in order to facilitate and comply with the new law.
REGULAR AGENDA
17. Appointment of Two Members and an Alternate Member to the Planning and Zoning
Commission in Accordance with Ordinance No. 2019-037. (City Clerk Sibbitt)
Ordinance No. 2019-037 states: The Planning and Zoning Commission shall consist of five (5) members and
one (1) alternate appointed by the City Commission, and one (1) additional member appointed by the School
Board of Orange County as a non-voting member. In the event of a resignation or removal of a board member,
subsequent vacancies on the Planning and Zoning Commission shall be filled by a majority vote of the City
Commission from the candidates nominated by the Mayor and City Commissioners. The City Commission was
briefed by the Mayor to provide nominations for the vacant alternate member seat to the Office of the City
Clerk for consideration to be appointed no later than March 27th. To date, residents Gregory Keethler, Jerry
Lowe and Greg Stewart have been nominated. In addition, the terms of Member Jason Mellen and Member
Brad Lomneck expire in June of 2020. Members Mellen and Lomneck have attended all regularly scheduled
meetings in 2019/2020. Both members have indicated an interest in being reappointed for a three-year term.
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Regular City Commission
June 2, 2020
18. Discussion of Re-Opening Practices for Advisory Boards and City Commission
Meetings. (Assistant City Manager Shadrix)
The Governor’s Executive Order 20-52 declaring a state of emergency was initially declared on March 9, and
extended on May 8 for an additional 60 days. During this same time frame, the Governor issued Executive
Order 20-69 which relaxed in-person quorum requirements and allowed for teleconferencing for local
government meetings. The recent efforts by the State to allow business re-openings raise the question of how
the City may continue with advisory boards and City Commission meetings and whether to continue the public
call-in protocol. Some area local governments are continuing use of web-based meeting protocols until the
Governor’s Executive Order 20-69 expires on July 7, while others have opened their meetings to the public
with social distancing and facial coverings. The City Commission may 1) continue the meeting protocol
identified by the City Attorney until the Governor’s Executive Order expires on July 7, or 2) Reopen advisory
boards and the City Commission meetings to the public provided that CDC guidelines are followed.
STAFF ACTION ITEMS
COMMENTS FROM CITIZENS/PUBLIC
COMMENTS FROM COMMISSIONERS
ADJOURNMENT
PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTES 286.0105: ANY PERSON WHO DESIRES TO
APPEAL ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. ALSO, IN ACCORDANCE
WITH FLORIDA STATUTE 286.26: PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO
PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE CITY CLERK, 150
N. LAKESHORE DRIVE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE OF THE MEETING.
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