HomeMy WebLinkAboutItem 01 Approval of the Minutes for the Regular City Commission Meeting held February 15, 2022 MINUTES
REGULAR CITY COMMISSION MEETING
FEBRUARY 15, 2022
CALL TO ORDER- 6:15 PM
Mayor Johnson called the regular session to order at 6:15 PM in the Commission Chambers of
City Hall. The invocation was led by Mayor Johnson, followed by the Pledge of Allegiance to
the Flag led by City Attorney Cookson. City Clerk Sibbitt called the roll and declared a quorum
present.
Present: Mayor Johnson, Commissioner Brinson, Commissioner Wilsen, Commissioner Firstner
Absent: Commissioner Oliver
Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt
PRESENTATIONS AND PROCLAMATIONS - 6:16 PM
Healthy West Orange Trails Connection (HWOTC) Presentation -Emily Hanna,Executive
Director with Bike Walk Central Florida,provided a PowerPoint that summarized why trails are
needed, who the partners are to the HWOTC, and requested approval of the resolution of support
and partnership with HWOTC, which is item# 3 on the Consent Agenda.
STAFF REPORTS AND AGENDA REVIEW-None
COMMENTS FROM CITIZENS/PUBLIC - 6:19 PM
The following persons addressed the City Commission:
- Sue Lowrie, Ocoee Resident and Member of the Ocoee Woman's Club, inquired about
Consent Item#7— West Oakland Avenue and North Cumberland Avenue Reconstruction
Phase 1 and Lakewood Avenue and East Oakland Avenue Reconstruction. She thanked
staff for working with the Woman's Club to ensure they have access to the facilities during
the construction, and inquired if they would still have access to their parking lot and
driveway during the extended construction period. She further inquired about the
widening of Lakewood Avenue as well as the new parking spaces that are to be installed.
Mayor Johnson inquired about the completion date for the project, and reminded Staff
about the upcoming Music Festival. City Engineer Campanale addressed Ms. Lowrie's
and the Mayor's concerns.
CONSENT AGENDA - 6:25 PM
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1 -#11.
Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion
carried 4-0 with Commissioner Oliver absent.
Regular City Commission Meeting
February 15, 2022
1. Approval of the Minutes for the Regular City Commission Meeting held February 1,
2022. (City Clerk Sibbitt)
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
2. Approval to Ratify the Appointment of Fifth Trustee to the Police Officers' and
Firefighters' Retirement Trust Fund Board of Trustees. (City Clerk Sibbitt)
Trustees of the Police Officers' and Firefighters'Trust Fund serve four-year terms.Two(2)of the trustees are
appointed by the City Commission,two(2)are elected from the employee body,and the fifth trustee is chosen
by those four(4)trustees and presented to the City Commission to ratify the appointment as a ministerial act.
The term of Fifth Trustee Joe Moy expired in September 2021. At their meeting dated February 2, 2022,the
Trustees of the Police Officers' and Firefighters' Trust Fund appointed Joe Moy to continue serving as Fifth
Trustee for a four-year term to expire in September of 2025.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
3. Approval of Resolution Confirming the City of Ocoee's Participation in the Healthy
West Orange Trails Connection. (Deputy Development Services Director/CRA
Administrator Corless)
Recent research studies conducted by various groups speak to the importance of trail access and activation in
promoting healthy lifestyles for people of all ages and abilities and show that parks and trails are essential in
enhancing overall community health.In 2020 the West Orange Healthcare District(WOHD)identified focus
areas which included activating the trail system in West Orange County to improve resident's overall health.
With goals such as motivating the community to get outdoors, walk, bike, and come together, WOHD
launched the Healthy West Orange Trails Initiative to research and prepare an in-depth report as the first step
in an ongoing effort to activate and enhance the trails. In 2021 The Healthy West Orange Trails Connection
program was created to implement the ideas and recommendations contained in the resulting report. Under
the Trails Connection program, a committee of partner agencies including the City of Ocoee, the Town of
Windermere, the City of Winter Garden, the Town of Oakland, Gotha Rural Settlement, Foundation for a
Healthier West Orange and the West Orange Healthcare District, as well as other non-voting Supporting
Agencies, will collaborate and lead efforts to implement the Trails Initiative. The committee will monitor
performance,evolve the Initiative's mission and implementation strategies,and prioritize how to best leverage
funds.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
4. Approval of the Identity Theft and Fraud Grant. (Police Chief Plasencia)
The State of Florida Office of Criminal Justice Grants,Florida Department of Law Enforcement, awarded the
Police Depaitnient an Identity Theft and Fraud Grant to provide funding to support the investigation and
enforcement of personal identification theft and fraud. The grant is in the amount of$8,500 to enhance the
investigative skills of our investigators and allow them to dedicate time to specifically investigate fraud cases.
The acceptance of the Identify Theft and Fraud Grant requires the execution of an Agreement between the
Florida Department of Law Enforcement and Ocoee Police Department.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
Regular City Commission Meeting
February 15, 2022
5. Approval to Purchase Motorola Radios-. (Police Chief Plasencia)
The Police Department received budget approval to purchase four(4)new portable radios($26,000)in budget
year 2021-2022.The vendor,Motorola,has also offered to accept the trade-in of two(2)police radios that are
no longer serviceable for a credit of$2,054.66. The Police Department would like to move forward with the
radio purchase and trade-in,not to exceed the budgeted amount.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
6. Approval of Resolution and State Highway Maintenance Memorandum of Agreentent,
with-FDOT. (Public Works Director Krug)
This agreement provides for funding from Florida Department of Transportation (FDOT) to the City for
routine maintenance activities on several State highways within Ocoee's corporate limits. The work order
under this Agreement(ASB34)will provide Ocoee with an annual payment of$30,200.00 for the duration of
the three(3)year term. This figure extends the amount from the previous agreement.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
,
7. Approval of Change Order No. I. for Contract ITB #20-011 with CFE: W. Oakland
Avenue and N. Cumberland Avenue Reconstruction Phase 1 and Lakewood Avenge.,
and E. Oakland Avenue Reconstruction. o(Public Works Director Krug)
The City Commission awarded the construction contract for improvements on E. Oakland Ave. and N.
Lakewood Ave. at the October 20,2020 meeting to CFE Construction. During construction, CFE identified
unsuitable clayey soils under the existing roadway on E. Oakland Ave. and N. Lakewood Ave. This clayey
soil would not be compatible with the original roadway subsurface design, and would produce unwanted
settling of the proposed brick roadway and parking stalls over time. Public Works Staff worked with a
professional geotechnical engineer to determine the most cost-effective solution to deal with the existing
unsuitable soils. This change order includes the costs to remove the three feet of the unsuitable soils and to
replace the clayey soil with a geogrid mat,clean fill,and additional crushed concrete base material.The change
order costs also include the trucking costs to transport the removed soils and to import the clean fill.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
8. Approval of Ingrain Road Sidewalk Improvements with: Barracuda Building
CorPoration, -(Public Works Director Krug)
The City Commission approved the capital improvements on Ingram Road for street lighting and sidewalk to
connect the neighborhoods near McCormick Road with the West Orange Trail. The lighting installation has
been completed by Duke Energy and Public Works is ready to proceed with the installation of the sidewalk.
Public Works solicited pricing from contractors on the City's Term Contract for Small Construction Services,
RFP17-002,and received a single bid of interest from Barracuda Building Corporation.Public Works checked
the pricing against neighboring municipal term contracts to determine the$74,939.00 quote is in line with,or
below, said contracts. Public Works recommends awarding the work to Barracuda Building Corporation as
they have successfully completed multiple projects for the City under the Term Contract.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent
9. Approval of the National Pollutant Discharge Elimination System Monitoring Plan
with Wood Environment & Infrastructure Solutions, 20.21/2,022: (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 for Continuing Water Quality Professional Services to provide the Florida Department of
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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. Public Works is requesting
Coirunission approval to continue utilizing Wood for this specialized monitoring service through the complete
term of the Orange County Contract Y20-906C. Public Works maintains contact with other municipalities to
verify the pricing is in line with the scope of work. The$53,556.48 negotiated for these services fall within
industry standards and is adequately funded in the Stormwater Division.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
10. Approval of the Monitoring and Support for Lake Prima Vista 4E Nutrient Reduction
Plan with Wood Environment&Infrastructure Solutions,Inc.,Year 3. (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). Wood completed the task of developing the first phase of the
comprehensive 5-year NRP. The first phase determined the existing lake sediments are the primary
contributing source of impairment. The second phase provided a chemical treatment of the lake in order to
inactivate sediment phosphorus, improve light transparency, reduce algal growth and encourage desirable
submersed aquatic plants. The next phase is to monitor the water quality monthly for one year in order to
determine the effectiveness of the lake treatment and the next steps in maintaining the water quality. Public
Works is requesting Commission approval to utilize Wood through Orange County's Contract No.Y20-906C
for Continuing Water Quality Professional Services to provide continued monitoring and support for the Lake
Prima Vista 4e Nutrient Reduction Plan. The $37,250.82 negotiated for these services fall within industry
standards and is adequately funded in the Stormwater Division.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
11. Approval of the Starke Lake 4E Nutrient Reduction Assessment with Wood
Environment& Infrastructure Solutions,Inc. (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 had been experiencing elevated nutrient
concentrations. The 4e designation allows the City to implement restoration activities on the lake within a 5
year time frame before being placed on the Verified List of impaired waterbodies. Due to the navigable
connection between Starke Lake and Lake Prima Vista, FDEP is requiring the City expand the Nutrient
Reduction Plan(NRP)to include Starke Lake.The City contracted with Wood Environment&Infrastructure
Solutions, Inc., (Wood) to determine the source of the Lake Prima Vista impairment and implement the
subsequent NRP. Public Works recommends continuing this expanded scope of work with Wood. The first
step is to complete a thorough"Category 4e Assessment"for Starke Lake in order to jointly develop the NRP
with FDEP. Public Works is requesting Commission approval to utilize Wood through Orange County's
Contract No. Y20-906C for Continuing Water Quality Professional Services to provide the Starke Lake
Nutrient Reduction Assessment. Public Works has been in contact with other municipalities to verify the
pricing is in line with the scope of work. The $97,327.80 negotiated for these services fall within industry
standards and is adequately funded in the Stormwater Division.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
FIRST READING OF ORDINANCE —None
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SECOND READING OF ORDINANCE—PUBLIC HEARING - 6:26 PM
12. Second Reading of Ordinance for Property Rights Element 59)--.Comijrehensive:
Plan Text Amendment to Create New Element, .Project No, CPA-2021-004.. (First
Reading Public Hearing&Transmittal Hearing was heard at the October 5, 2021, City Commission Meeting.:
Advertised in the‘PT(Ot grange Times on Thursday February 3, 2022), ,(Zoning Manager Whitfield) !
The First Reading Public Hearing/Transmittal was held on October 5,2021.The amendment was transmitted
to the Florida Department of Economic Opportunity (FDEO) and other reviewing agencies, pursuant to
Section 163.3184(3),F. S.,and no comments or objections were received.House Bill 59 was signed into law
on June 29,2021,and became effective as of July 1,2021.HB 59 has been codified into Chapter 2021-195 of
the Laws of Florida and amended Section 163.3177(6),Florida Statutes(F.S.), specifically to require that"in
accordance with the legislative intent expressed in ss. 163.3161(10) and 187.101(3) that local government
entities respect judicially acknowledged and constitutionally protected private property rights, each local
government shall include in its comprehensive plan a property rights element to ensure that private property
rights are considered in local decision-making." Section 163.3177(6)(i)1, F.S., further states that local
governments may adopt its own property rights element or use the statement of rights provided in statutes;
however,should the local government adopt its own element,such element may not conflict with the statement
of rights provided in Section 163.3177(6)(i)1, F.S. Therefore, and per additional guidance provided by the
FDEO, staff has prepared the proposed Ordinance utilizing the statement of rights directly from Section
163.3177(6)(i),F.S., and purpose and intent language from Section 163.3161(10),F.S.
Zoning Manager Whitfield explained the first reading and public hearing of this ordinance was
held on October 5, 2021, and the amendment was transmitted to the Florida Department of
Economic Opportunity (FDEO) and to the other reviewing agencies. No objections or comments
were received.This Comprehensive Plan Text Amendment was derived from House Bill 59 which
was signed into law on June 29,2021, and became effective on July 1,2021. Specifically, Section
163.3177(6)(i),F.S.,was added to require that"in accordance with the legislative intent expressed
in§ 163.3161(10) and 187.101(3)that local government entities respect judicially acknowledged,
and constitutionally protected, private property rights, each local government shall include in its
comprehensive plan a property rights element to ensure that private property rights are considered
in local decision-making."
City Attorney Cookson read the title of the ordinance.
Public hearing was opened. As no speaker forms were received, the public hearing was closed.
Motion: Move to adopt Ordinance No. 2021-54, Property Rights Element (HB 59) —
Comprehensive Plan Text Amendment to Create New Element; Project No. CPA-
2021-004; Moved by Commissioner Wilsen, seconded by Commissioner Firstner;
Motion carried 4-0 with Commissioner Oliver absent.
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PUBLIC HEARING - 6:29 PM
13. Authorization to Proceed with a Contract For Sale from Wire Development LLC for
City-Owned Property Identified as Tracts 6C, 6D, 6E, 6F, and Tract #33 (Road) on
the Ocoee Crown Point PUD Located on Ocoee Apopka Road and Ocoee Crown Point
Parkway. (Advertised in the West Orange Times on Thursday, February 3, 2022) (Development
Services Director Rumer)
On September 21,2021,the City Commission approved and authorized staff to move forward with a contract
on an unsolicited offer from Wire Development, LLC, for City-owned property, which is part of the Crown
Point PUD and located west of Ocoee-Apopka Road and adjacent to the Ocoee High School. The proposed
offer is for a purchase price of$3,000,000.00 for the 16.19 acres which includes 2.25 acres of future right-of-
way. As the City Charter requires an appraisal for a property sale of this nature, the City Staff recommends
using an existing appraisal provided on April 13,2020,for$2,910,000.00 (Property Valuation&Consulting,
Inc.). The appraisal covered 13.51 of the 16.19 acres which included Tract 6C,6E, 6F, and #33. Tract 6D
(2.677 acres) was not included. Additionally, the offer includes a 180-day inspection period with a$75,000
deposit that is fully refundable until the end of the inspection period. The intent of Wire Development is to
create a vibrant mixed-use development with retail that embraces the neighborhood and enhances the
connection to the West Orange Trail. The plan for mixed-use will prioritize the integration of adjacent uses
with pedestrian-oriented transportation networks.The development will include boutique,mixed use, smaller
unit multi-family residential that includes live-work and commercial uses. Wire Development is a certified
woman owned business in the State of Florida and has a proved track record of mixed-use projects in Central
Florida.
Development Services Director Rumer explained on September 21,2021,the City Commission
approved and authorized staff to move forward with a contract on an unsolicited offer from Wire
Development, LLC, for City-owned property, which is part of the Crown Point PUD and located
west of Ocoee-Apopka Road and adjacent to the Ocoee High School. The intent of Wire
Development is to create a vibrant mixed-use development with retail that embraces the
neighborhood and enhances the connection to the West Orange Trail
Public hearing was opened. As no speaker forms were received, the public hearing was closed.
Commissioner Brinson inquired about Tract D as it was not included initially in the appraisal.
Development Services Director Rumer addressed his question and explained the benefit of
including Tract D with this sale.
Motion: Move to approve the sale of City-owned property identified as Tracts 6C,
6D, 6E, 6F, and Tract #33 (Road) on the Ocoee Crown Point PUD to Wire
Development LLC; Moved by Commissioner Brinson, seconded by Commissioner
Wilsen; Motion carried 4-0 with Commissioner Oliver absent.
REGULAR AGENDA -None
COMMENTS FROM CITIZENS/PUBLIC - 6:34 PM
The following persons addressed the City Commission:
- Irene Welch, Ocoee Resident, addressed the City Commission about traffic safety
concerns along Wurst Road and Adair Street. She addressed parking concerns, as
residents are parking in the right of way blocking visibility, and requested a three-way
stop to be installed at the intersection to deter speeding. She further inquired if
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enforcement could be implemented to halt the parking. Mayor Johnson addressed her
concerns and agreed that something needs to change.
- Patti LeRoy, Ocoee Resident, addressed the City Commission about local speeders and
encouraged police enforcement to include issuing tickets to violators. Mayor Johnson
addressed her concerns and agreed that police presence in the area needs to be increased.
City Manager Frank shared that some traffic studies have been completed in the area;
however, additional studies would need to be conducted once the currently closed routes
reopen. He ensured all that staff are working on options. He further explained that the
police presence in this area was increased due to a recent incident, and that they intend it
to remain until motorists get the message. City Engineer Campanale shared that his
department is currently working with the Police Department to come up with ways to
address the situation while they work out a more permanent solution.
Irene Welch, Ocoee Resident, further shared concerns about a food truck in the church
parking lot. Development Services Director Rumer addressed her concerns.
- Ashley Wynn, Ocoee Resident, shared that her son was hit by a car while riding his bike
along Wurst Road near Adair Street on February 7th as he crossed the street to come home.
She expressed fear for all children and pedestrians in the area. She requested sidewalks,
crosswalks, flashing lights, 3-way stops, and/or anything available to rectify the problem.
She understood the need to research, but implored the Commission to act immediately to
address the dangerous situation before something else happens. City Engineer
Campanella reiterated the steps already taken by City staff to expedite moving forward,
and shared the required steps to act on the more involved components. City Manager
Frank shared that this would be a multiple-step project. He further stressed that until the
closed routes reopen,the police presence in this area will remain high, and tickets will be
handed out to encourage drivers to obey the law.
Mayor Johnson inquired about the crosswalk on Lakewood near the Montessori school.
City Manager Frank addressed his concern.
Mayor Johnson asked staff to follow up with Ms. Wynn so that she is made aware of the
steps being taken to rectify the traffic safety concerns.
- Scott Kennedy, Ocoee Resident, inquired about the radar signs that were discussed and
approved for Clarcona Ocoee and Wurst Road intersection. City Engineer Campanale
shared that the signs have been ordered. Mr. Kennedy then recalled an inquiry he had
about the rules and regulations for political signs. He shared that based on his own
research he discovered that political signs are governed by City Ordinance. He further
elaborated that the City's current ordinance does not address when they can be posted,
that it only indicated when they must be removed once an election has ended.He requested
adding an agenda item to an upcoming meeting to further discuss the current ordinance,
as allowing political signs to be placed a year before an election creates an eyesore to the
community. Mayor Johnson shared that he has received complaints about signs being
posted on private property without permission. Commissioner Wilsen proposed
duplicating the County's ordinance which does not allow signage sooner than 90 days
prior to an election.
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Consensus of the City Commission was to have the City Attorney draft a
revised political sign ordinance to bring before the City Commission for
consideration.
- Jason Mellen, Ocoee Resident, shared his concerns not only about political signs,but also
advertising signs within the community. He encouraged the Commission to enforce the
current guidelines and update the City's political sign ordinance.
COMMENTS FROM COMMISSIONERS - 7:06 PM
Commissioner Firstner—Commented on the following:
1) Commented on the CACOFD's need for new members, explained that they are having trouble
making a quorum, and encouraged anyone interested in joining an Advisory Board to contact the
City Clerk's office, or reach out to him directly.
2) Shared that he recently attended the CACOPD's Award Ceremony and asked if the City
recorded the event. He expressed a desire to see it aired on the City's TV channel, and explained
that it would be a wonderful way to showcase how officers engage within the community and the
positive impact they make. He further encouraged any other departments that have similar
activities to showcase those accomplishments.
3) Shared information about the widening project for Maguire Road and Bluford Avenue between
Geneva and Hwy 50.
4)Inquired if the City is responsible for the split rail fence along Maguire Road between Windsor
Landing and Meadow Ridge. City Engineer Campanale addressed his concerns.
Commissioner Brinson— Commented on the following:
1) Commented on the importance of child and elderly safety, and explained they often rely on the
community to keep them safe.
2) Elaborated on the traffic concerns along Wurst Road and clarified that this is not a new issue.
Reiterated the need for drivers to be mindful as they travel, and insisted that everyone slow down.
3) Encouraged residents to actively engage in their community by joining an Advisory Board.
Commissioner Wilsen—Commented on the following:
1) Apologized for the hit and run incident and pleaded with the Police to ticket violators. She
reiterated that the Commission has been begging citizens to slow down for years and nothing
seems to be working. She therefore encouraged officers to ticket all violators and asked for no
additional warnings as they simply do not work. She shared that each elected official is given
$10,000 in contingency funds to spend as they see fit and commented on the flashing speed signs
she purchased for her district.
2) Commented on political signs, and agreed that placing them out a year and a half before the
election is not necessary.
3) Commented on the City's Music in the Park event and encouraged more attendance.
Ma yor Johnson—Commented on the following:
1) Shared a personal story and reiterated the need for drivers to slow down and pay attention.
2) Commented on the traffic issues along Lakewood Avenue caused by the detours.
3) Announced the passing of Captain James Butch Coschignano, who started as a volunteer, and
eventually became one of the first paid firefighters for the City of Ocoee over 50 years ago.
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4) Shared a letter that he received from the Orange County School Board which explained that
the City's schools are under-attended, and the City does not meet the requirements to allow for a
new middle school. He expressed dissatisfaction with the knowledge that the City pays very
heavily with tax dollars, but is not receiving anything in return for our children's education.
5) Shared he would like to discuss naming the new park near City Hall, Unity Park (to represent
the unification within the City), and the trail leading through it, Freedom Trail.
6) Addressed the lack of membership on some of the City's Advisory Boards and encouraged
looking at ways to bring diversity to the Human Relations Diversity Board, to ensure all
ethnicities are represented.
7),Announced the passing of former District 1 Commissioner, Danny Howell.
8) Commented on the lack of street lights along Colonial Drive (Hwy 50) for well over a year.
ADJOURNMENT—7:31 PM
APPROVED:
Attest: City of Ocoee
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
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