HomeMy WebLinkAbout10-06-2020 Agenda
OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
OCTOBER 6, 2020 AGENDA 6:15 P.M.
Due to COVID-19 City Hall is closed to the public which is subject to change based on the
Governor’s Executive Order. All interested parties are invited to be heard during the public
comments and public hearing portion of the meeting. This meeting is broadcasted live on
Spectrum Channel 493 with a live stream at www.Ocoee.org/197/Ocoee-TV. Any interested
party is invited to offer comments and/or questions by emailing citizens@ocoee.org or calling
407-554-7118 or by registering in advance by emailing citizens@ocoee.org or calling 407-
905-3105 and City staff will call you during the live meeting.
REGULAR CITY COMMISSION MEETING
CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
PRESENTATIONS AND PROCLAMATIONS
Proclamation – Blind Americans Equality Day – October 15, 2020. (Mayor Johnson)
Financial Presentation - Zero Based Budgeting (ZBB) & Internal Auditing by Jim Moyer
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 September 15,
2020. (City Clerk Sibbitt)
2. Approval of Appointment to the Ocoee Youth Council (OYC). (City Clerk Sibbitt)
Members of the Ocoee Youth Council (OYC) serve one-year terms. The Resolution creating the Board allows
for up to nine (9) members, which can consist of up to two (2) non-Ocoee residents who are enrolled in a public
or private school within the City of Ocoee in grades 9 through 12. Currently, the board has eight (8) members:
seven (7) Ocoee residents and one (1) non-Ocoee resident. An application has been received by Rain Bellamy,
an Ocoee High School student residing in Ocoee, who has shown an interest in being appointed to the Ocoee
Youth Council for a term ending July 2021.
3. Approval of Reappointments to the Parks & Recreation Advisory Board. (City Clerk
Sibbitt)
Members of the Parks & Recreation Advisory Board serve two-year terms. The Ordinance provides that the
Parks & Recreation Advisory Board shall consist of nine (9) members; and, whenever possible, appointments
to the Board may include one member from each of the following organizations: Ocoee Little League, Ocoee
Youth Soccer League (OYSL), Ocoee Bulldog Pop Warner Football, and West Orange Senior Citizens
Regular City Commission
October 6,2020
Association. Currently the board has five(5)members and no applications on file.The two-year terms of Jane
Rainer and Qubeliah Graham end in October of 2020. Members Rainer and Graham have indicated they are
willing to serve another two-year term, if reappointed.
4. Approval to Enter into a Contract with Forest Environmental Solutions, LLC to
Oversee, Manage, and Broker the Harvest and Sale of Select Timber on the Crown
Point Property. (Development Services Director Rumer)
In June of 2020, professional forester Joe Gocsik of Forest Environmental Solutions, LLC conducted a brief
review of these lands at the staffs request and recommended 62 acres for their viability for harvesting. Staff is
bringing forward a contract as was done in 2012,to have the timber harvested,and due to the active hurricane
season, requesting to bypass the City's purchasing procedures due to timing. The proposed contract provides
that Forest Environmental Solutions, LLC will manage and supervise the identification, harvest, and sales of
timber from these properties at the direction of the City Commission. The contract provides that Forest
Environmental Solutions will be compensated 10%of the gross revenue generated by the timber harvest.
5. Approval of the Lake Lilly Professional Center Subdivision Plat and Second
Amendment to Declaration of Covenants, Conditions and Restrictions of Lake Lilly
Professional Center. (Development Services Director Rumer)
The proposed Plat is a replat of West End Professional Park.The site consists of 11.87 acres and is located on
the south side of Old Winter Garden Road, east of Maguire Road, and abuts the Florida Turnpike. This Plat
includes easements for public utility connections, a renamed Brushy Creek Court to S. Bluford Avenue, and
easements for the stormwater management system. With the approval of the Lake Lilly Professional Center
Subdivision Plat, the City Commission is also affectively rescinding a Replat that was approved by the City
Commission,but not recorded.The West End Professional Park Replat was approved by the City Commission
on December 4,2001,but was not recorded.
6. Approval of Federal Fiscal Year 2019 Edward Byrne Memorial Justice Assistance
Grant Direct Program. (Police Chief Brown)
The Florida Department of Law Enforcement(FDLE),Office of Criminal Justice Grants(OCJG)is processing
applications for the State's Edward Byrne Memorial Justice Assistance Grant Direct (JAGD) Program. This
program focuses on helping state and local agencies improve the criminal justice system.This year,$10,000.00
is available for the City of Ocoee Police Department through the Edward Byrne Memorial JAGD Program.
The Police Department is applying for the grant funding to upgrade their training simulator, used to provide
realistic training to officers through virtual interactive scenarios.
7. Approval of Florida's Bicycle Pedestrian Focused Initiative: Communication and High
Visibility Enforcement. (Police Chief Brown)
This year, $9,513.00 has been made available for the City of Ocoee Police Department through Florida's
Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement Grant. The purpose
of the grant is to reinforce safe pedestrian,bicyclist,and driver behaviors in priority counties in Florida. Orange
County is considered a priority county due to the number of serious injuries and deaths of pedestrians and
bicyclists. The Letter of Agreement and Contract must be signed by the Mayor.If approved,the City of Ocoee
Police Department will receive $9,513.00 to conduct high visibility education and enforcement, on specific
areas of West Colonial Drive and Silver Star Road,to reduce traffic crashes resulting in serious and fatal injuries
to pedestrians and bicyclists.
8. Approval of Florida Department of Emergency Management Contract Amendments
for Recovery of Funds Incurred During Hurricane Irma. (Public Works Director
Krug)
The Finance and Public Works Teams have been working diligently with the Federal Emergency Management
Agency, which distributes disaster relief funds through the Florida Department of Emergency Management's
(FDEM) Bureau of Recovery, to gain reimbursement of funds expended during Hurricane Irma recovery
efforts. As part of the reimbursements submitted, the FDEM has requested certain contracts in place during
the 2017 event be updated to include particular Federal contract language. The vendors for the three contracts
requested to be updated by FDEM: 1) Central Florida Environmental, Corp., 2) Vista Landfill, LLC, and 3)
Raynor-Shine Services, LLC, have agreed to the amendments. Public Works is requesting Commission
approval of amendments.
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9. Approval of Monitoring and Support for Lake Prima Vista 4E Nutrient Reduction Plan
with Wood Environment & Infrastructure Solutions, Inc., Year 2. (Public Works
Director Krug)
The City has been working with the Florida Department of Environmental Protection (FDEP) under a Nutrient
Reduction 4e program to determine why Lake Prima Vista has been experiencing elevated nutrient
concentrations. The Nutrient Reduction 4e approach allows the City to control and simplify the management
of the water quality repairs at a local level over a five (5) year period. As part of the analysis, the Commission
approved utilizing consultant Wood Environment & Infrastructure Solutions, Inc. (Wood) in January, 2019, to
develop a Nutrient Reduction Plan (NRP). Public Works is requesting Commission approval to utilize Wood
through Orange County’s Contract No. Y16-903B for Continuing Professional Lake Management Services to
provide continued monitoring and support for the Lake Prima Vista 4e Nutrient Reduction Plan.
10. Approval of National Pollutant Discharge Elimination System Monitoring Plan with
Wood Environment & Infrastructure Solutions, Inc., 2020/2021. (Public Works
Director Krug)
The City continues to proactively meet the annual stormwater monitoring and reporting requirements set forth
in our National Pollutant Discharge Elimination System (NPDES) permit. The City has previously enlisted the
services of Wood Environment & Infrastructure Solutions, Inc. (Wood) through Orange County’s Contract No.
Y16-903B for Continuing Professional Lake Management Services to provide the Florida Department of
Environmental Protection (FDEP) permit monitoring requirements to identify potential high-loading areas that
may benefit from future pollutant load reduction. This monitoring requires special collection equipment,
laboratory testing along with analysis of data to be submitted to FDEP. The $49,616.00 negotiated for these
services fall within industry standards and is adequately funded in the Stormwater Division.
11. Approval of Change Order No. 2 for the Kimball Area Water Main Upgrade Project
Phase III. (Acting Utilities Director Croteau)
In 2016, the Utilities Department planned and designed the upgrade of the water mains in the Kimball &
Malcom Area, designated the Kimball Area Water Main Upgrade Project, with three separate phases for
construction. This project was planned due to water service in this area being supplied through outdated water
mains reaching the end of their service life. This Change Order is for Phase III, the final phase of the Kimball
Area Water Main Upgrade Project. Phase III includes construction of new water mains which will allow for the
abandonment of old water mains in the remaining portion of Phase II as well as all old water mains in Phase
III. All work to be performed for Phase III is similar to work done for Phases I and II. CFT has worked on
Phase I and Phase II with adequate results and has agreed to honor the original contract unit prices for Phase
III for a total amount of $335,056.00.
FIRST READING OF ORDINANCE
12. First Reading of Ordinance Amending the City of Ocoee Municipal General
Employees’ Retirement Trust Fund Reflecting Changes for Compliance with Setting
Every Community Up Retirement Enhancement (SECURE) Act. (Second Reading and
Public Hearing scheduled for October 20, 2020, Regular City Commission Meeting at 6:15 pm or soon
thereafter). (Municipal Pension Board Chair Cowan)
At their meeting held on August 5, 2020, the General Employees' Retirement Board reviewed and approved the
proposed ordinance which deals primarily with the Setting Every Community Up Retirement Enhancement
(SECURE) Act, signed into law on December 20, 2019 and amended the definition of “Required Beginning
Date” under Section 401 (a)(9) for compliance with the Internal Revenue Code. Contained in Section 401(a)(9)
of the Internal Revenue Code, the required Minimum Distribution rules limit the tax deferral of retirement
benefits by requiring qualified plans pay benefits to the participants, and the participants begin to pay taxes on
those benefits by a certain age. The SECURE Act amended Section 401 (a)((9) by raising the age at which
benefits must commence to 72 or at the age the participant retires whichever is later. The change is effective to
participants who reach the age of 70 ½ on or after January 1, 2020. None of these changes are anticipated to
have any financial impact to the city.
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13. First Reading of Ordinance Amending the City of Ocoee Police Officers’ and
Firefighters’ Retirement Trust Fund Reflecting Changes for Compliance with Setting
Every Community Up Retirement Enhancement (SECURE) Act. (Second Reading and
Public Hearing scheduled for October 20, 2020, Regular City Commission Meeting at 6:15 pm or soon
thereafter). (Police & Fire Pension Board Chair Brown)
At their meeting held on August 5, 2020, the Police & Firefighters’ Retirement Board reviewed and approved
the proposed ordinance which deals primarily with the Setting Every Community Up Retirement Enhancement
(SECURE) Act, signed into law on December 20, 2019 and amended the definition of “Required Beginning
Date” under Section 401 (a)(9) for compliance with the Internal Revenue Code. Contained in Section 401(a)(9)
of the Internal Revenue Code, the required Minimum Distribution rules limit the tax deferral of retirement
benefits by requiring qualified plans pay benefits to the participants, and the participants begin to pay taxes on
those benefits by a certain age. The SECURE Act amended Section 401 (a)((9) by raising the age at which
benefits must commence to 72 or at the age the participant retires whichever is later. The change is effective to
participants who reach the age of 70 ½ on or after January 1, 2020. None of these changes are anticipated to
have any financial impact to the city.
SECOND READING OF ORDINANCE – PUBLIC HEARING
14. Second Reading of Ordinance to Consider the Public-School Facilities Element Large
Scale Comprehensive Plan Amendment; Project No: CPA-2020-002. (First Reading of
Ordinance was read at the August 18, 2020, City Commission Meeting. Advertised in the West Orange Times
on Thursday, September 24, 2020). (Development Services Director Rumer)
The First Reading for the proposed Ordinance No.2020-019 was held on August 18, 2020. Since the CEA
process has been removed, the City of Ocoee, under a new process for joint multi-jurisdictional approval on
projects that affect capacity of schools, will have the discretion to weigh school overcrowding and timing of
school capacity in its decision to approve or deny developer-initiated Comprehensive Plan amendments or
rezoning that would increase residential density. If adopted, this proposed amendment to Object 1.3, Policy
1.3.1, will provide for continued cooperation between the City and OCPS to address the issues of school
overcrowding while allowing for the development of additional housing for Orange County’s growing
residential population.
15. Second Reading of Ordinance for Ocoee Village Center PUD, Substantial Amendment
to the Planned Unit Development (PUD); Project No: RZ-19-10-11. (First Reading of
Ordinance was read at the July 21, 2020, City Commission Meeting. Advertised in the West Orange Times on
Thursday, September 24, 2020). (Development Services Director Rumer)
The Ocoee Village Center PUD is located on the north side of Clarcona Ocoee Road and east of SR 429, South
of Clarcona Ocoee Road and east of N. Lakewood Ave., and east of the intersection of Fullers Cross Road and
N. Lakewood Avenue. The site is located within the SR 429 “Interchange Village Character Area”. The project
received approval for rezoning to PUD and PUD Land Use plan on June 18, 2019. The original plan included
the development rights for a mixed-use community that will consist of 150,000 S.F. of Commercial, 196 Unit
Townhomes and 316 Apartments units. The applicant is proposing a Substantial Amendment to the Ocoee
Village Center PUD in order to increase the townhome development from 196 Unit Townhomes to 232 units
and the portion of the apartment from 316 units to 320 units.
PUBLIC HEARING
16. Preliminary/Final Large-Scale Site Plan for Ocoee Village Center “Allure at Ocoee
Village Center.” (Advertised in the West Orange Times on Thursday, September 24, 2020).
(Development Services Director Rumer)
The Allure Apartments at Ocoee Village Center is located on the north side of Clarcona Ocoee Road and east
of SR 429. The apartments are one (1) of the three (3) parcels that comprise the Ocoee Village Center PUD.
The site is located within the SR 429 “Interchange Village Character Area”. The Allure at Ocoee Village Center
is a proposed 320-unit multi-family Apartment housing development on 15.63 acres. The development will
consist of four (4) apartment buildings containing 80 units in 101,000 SF with four-stories. A 10,000 SF
clubhouse will anchor a pool and other amenities. Four garage areas are provided for covered parking, and a
dog park internal to the site is provided. The Apartments will have a 90% mixture of one- and two-bedroom
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units, and 10% of the units will be three (3) bedrooms. Large landscaped buffers are provided to SR 429 along
with wet detention ponds that will be landscaped.
17. Preliminary/Final Large-Scale Site Plan for Ocoee Village Center “Southeast
Commercial.” (Advertised in the West Orange Times on Thursday, September 24, 2020.)
(Development Services Director Rumer)
The Southeast Commercial at Ocoee Village Center is located on the south side of Clarcona Ocoee Road and
east of N. Lakewood Avenue. The commercial property is one (1) of the three (3) parcels that comprise the
Ocoee Village Center PUD. The site is located within the SR 429 “Interchange Village Character Area”. The
Southeast Commercial at Ocoee Village Center is more specifically located on Clarcona Ocoee Road's southern
side. The applicant is proposing a three-unit commercial center on 4.71 acres. A proposed 4,650 SF 7-Eleven
gas station and 14,000 SF strip retail building will be developed in Phase 1. In phase 2, the remaining pad is
slated for a 4,000 SF quick-serve or fast-casual restaurant. Access to the site will be via a right in from Clarcona
ND
Ocoee Road, a right in on a new realigned N. Lakewood Avenue, and an extension of 2 Avenue from the
east to N. Lakewood Avenue. Utilities and offsite stormwater will be provided from the south Townhome
Development.
18. Preliminary/Final Large-Scale Subdivision Plan for Ocoee Village Center
“Townhomes.” (Advertised in the West Orange Times on Thursday, September 24, 2020.)
(Development Services Director Rumer)
The Townhomes at Ocoee Village Center PUD is located south of Clarcona Ocoee Road and east of N.
Lakewood Ave. The Townhomes are one (1) of the three (3) parcels that comprise the Ocoee Village Center
PUD. The site is located within the SR 429 “Interchange Village Character Area”. The Townhomes at Ocoee
Village Center is a proposed two-phase 232 Lot Townhome Development (Park Square Homes) on 34.49 acres.
The development will consist of two building sizes. One is a six (6) unit building with 31-foot-wide end units
and 20-foot-wide interior units. The second is a four (4) unit building with 31-foot-wide end units and 20-foot-
wide interior units. A private amenity center with a pool, cabana, and playground will be provided. The project
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will access two (2) entrances on a realigned N. Lakewood Avenue and provide an extension of 5 Avenue
though the subdivision to N. Lakewood Avenue. All roadways will be open to the public. Utilities will be
extended to the site from the south.
19. Capital Improvement Revenue Bonds, Series 2020, Not to Exceed $13.5 Million.
(Advertised in the Orlando Sentinel on Sunday, September 27, 2020). (Finance Director Roberts)
The City previously issued Capital Improvement Revenue Bonds Series 2017 in part to finance the design and
construction of a new City Hall complex. Subsequently, due to increased costs of construction and revisions to
the design criteria, the City has determined it is necessary to provide for an additional $13 million in
construction funds to complete the City Hall project. To meet that need the City will need to issue approximately
$13 million in Capital Improvement Revenue Bonds, Series 2020. The Series 2020 Bonds will be issued on a
parity basis (equal lien) with the Series 2017 Bonds. The Series 2017 and the 2020 Bonds are rated AA+ from
Fitch Ratings and AA from Standard and Poor’s Rating Service. The Capital Improvement Revenue Bond
Series 2020 Resolution authorizes the City Manager to award the sale of the bonds, based on the
recommendation of the Financial Advisor based on certain parameters provided for in the Resolution.
REGULAR AGENDA
20. Approval of Contract for Purchase of 17.96 Acres of City-Owned Property Located at
the Northeast Corner of Fuller’s Cross and Ocoee Apopka Road by GPK Investments,
Inc. (Assistant City Manager Shadrix)
On August 4, 2020, the City Commission directed staff to proceed with preparation of a contract for the sale of
17.96 acres of City-owned property located at the northeast corner of Fuller’s Cross and Ocoee-Apopka Road
(the “Agreement”). This direction followed a presentation by staff and the City Attorney of the results of the
City’s Request for Proposals solicited for this Property. GPK Investments proposed the highest sales price. In
addition, the City Commission’s prior direction came after a presentation by Charlie Vickers, a representative
of GPK Investments, with respect to the intended development of the Property. Because the sale of the Property
is for an amount greater than $100,000, the City’s Charter requires that the City further authorize the sale after
a public hearing. In the event the City Commission authorizes the execution of the Agreement, prior to the
expiration of the 60-day Inspection Period, the Agreement would be brought back to the City Commission for
final approval following the public hearing.
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October 6, 2020
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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