05-07-2019 Agenda
OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
MAY 7, 2019 AGENDA 6:15 P.M.
REGULAR CITY COMMISSION MEETING
CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
PRESENTATIONS AND PROCLAMATIONS
Proclamations for May 2019 (Mayor Johnson)
Building Safety Month
Water Safety Month
Haitian Heritage Month
Municipal Clerks Week ~ May 5 – 11
National Peace Officer Memorial Day ~ May 15
& National Police Week ~ May 12 - 18
Fiscal Year 2018 Audit Results and CAFR Presentation – Tammy Campbell; McDirmit
Davis and Company LLC
Presentation by TNXL Baseball Academy (Assistant City Manager Shadrix and Economic
Development Consultant de la Portilla)
STAFF REPORTS AND AGENDA REVIEW
COMMISSIONERS ANNOUNCEMENTS
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 April 16, 2019.
(City Clerk Sibbitt)
2. Approval of Reappointments of Four Current Members on the Human Relations
Diversity Board. (City Clerk Sibbitt)
The Human Relations Diversity Board was created by Resolution in 2003. The purpose of this board is to
promote understanding, respect, goodwill, and equality among all citizens and businesses of the City of Ocoee.
Members of the Human Relations Diversity Board serve three-year terms. The Resolution provides that the
Human Relations Diversity Board membership shall consist of thirteen (13) members. The terms of Members
Rhonda Anderson-Robinson, Sandria Foster, Billie Jean Daily and William Maxwell will expire in May 2019.
All four members have indicated an interest in being considered for reappointment for another term ending
May 2022. In 2018 Member Anderson-Robinson attended 6 out of 9 meetings, Member Foster attended 7 out
of 9 meetings, Member Daily attended 5 out of 9 meetings and Member Maxwell attended 9 out of 9 meetings.
3. Approval of New Appointment to the Citizen Advisory Council for Ocoee Police
Department and the Code Enforcement Board. (City Clerk Sibbitt)
Members of the Citizen Advisory Council for Ocoee Police Department serve a three-year term. The
Resolution creating the Board allows no more than fifteen (15) members. Currently, the Board has ten (10)
members. 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 allows no more than seven (7) regular members and two (2)
alternate members with a three-year term. Currently, the Board has seven (7) regular members and zero (0)
alternate members. One application has been received by William Mann who has shown an interest in being
Regular City Commission
May 7, 2019
appointed to the Citizen Advisory Council for Ocoee Police Department for a term ending January 2022 and
the Code Enforcement Board as an alternate member for a term ending June 2022.
4. Approval to Transfer the Initial Funding for Purchase of the Gettings Recording
Studio. (Assistant City Manager Shadrix)
On March 5, 2019, the Ocoee City Commission approved purchase of the City of the Gettings Recording Studio
and directed staff to prepare and execute a contract for purchase in addition to a lease agreement for the studio.
Staff has completed preparing the purchase agreement and lease and wishes to set a 60-day inspection period
and quick closing. The purchase calls for an up-front payment of $1.5 million with five subsequent payments
of $200,000 annually. Existing unexpended capital project funds are available for reallocation to cover the
initial $1.5 million, as well as the cost of a survey and Level 1 environmental assessment.
5. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and
Workmanship Agreement with SM Construction LLC for the Oaks Commerce Center.
(Development Engineer Womack)
The Oaks Commerce Center is located at 1104 South Clarke Road, immediately south of Matthew Paris Blvd.
The lot is identified as Parcel Number 22-22-28-3093-01-000. The total area of the parcel amounts to
approximately 1.812 acres. The Oaks Commerce Center consists of a 16,8000 sq. ft. retail building with nine
(9) leasable units. The developer has completed construction of the infrastructure improvements necessary for
the Oaks Commerce Center and is requesting a Certificate of Completion for the overall development. The
infrastructure improvements include connections to the public sewer, potable water, reclaimed water systems,
connection to the retention pond, the addition of a turn lane on Clarke Road, and stripping changes on Matthew
Paris Blvd. All identified punchlist repairs are completed, and the developer is ready to start the two-year
warranty period for the public infrastructure improvements. As a requirement of the Land Development Code,
the developer is required to furnish the City a Surety to cover any possible damages discovered during the next
two years, should the developer choose not to make those repairs. SM Construction LLC has provided the City
with a check in the amount of 10% of the constructed public improvements ($13,977.13). The Maintenance,
Materials, and Workmanship Escrow Agreement acts as the executable document between the developer and
the City. The surety will be kept with the signed Maintenance, Materials, and Workmanship Agreement, which
will ensure that funds will be available should they be needed during the two-year warranty period. The Surety
will be returned to the developer upon completion of the two-year warranty period and the repair of any
damages caused over that two-year period.
6. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and
Workmanship Agreement with Avex Homes LLC for the Ocoee Reserve Subdivision.
(Development Engineer Womack)
Ocoee Reserve is a single-family residential subdivision located on Silver Star Road north of the Temple Grove
Estates subdivision. The Ocoee Reserve subdivision is made up of 43 detached single-family homes. The
developer has completed construction of the infrastructure improvements for the subdivision and has requested
a Certificate of Completion. The infrastructure improvements include the potable water, sanitary sewer, and
reclaimed water utilities, street and stormwater collection system, and the perimeter wall/fencing and associated
landscaping. All identified punchlist repairs have been completed and the developer is ready to start the two-
year warranty period for the public improvements. As a requirement of the Land Development Code, the
developer is required to furnish the City a Surety to cover any possible damages discovered during the next two
years, should the developer not choose to make those repairs. Avex Homes LLC has provided the City with a
Letter of Credit in the amount of 10% of the constructed improvements. The Maintenance, Materials, and
Workmanship Agreement acts as the executable document between the developer and the City. 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.
7. Notification of Emergency Increase to BrightView Landscape Service Purchase Order
in the amount of $3,400 for Phase II of Old Winter Garden Road Medians to supply
and install an additional 600 linear feet of Irrigation Pipe. (Deputy Development
Services Director/CRA Administrator Corless)
BrightView’s contract to provide landscaping for Phase II of Old Winter Garden Road Medians was approved
by the City Commission in the amount of $207,851.50 on March 5, 2019. The company commenced work on
April 15, 2019. On April 24, 2019, an issue was uncovered by BrightView and the Parks Department irrigation
team in that the irrigation mainline serving the small island just west of Hempel Avenue is actually being
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supplied from the larger island to the west, under the median pavement in a direct bury method (not contained
in a chase pipe). All of the other medians have direct irrigation water sources and are not fed from another
island. If the deficiency is not corrected and if the direct bury irrigation mainline bursts, the City would have
to break up the concrete located in the nose of each median and possibly the asphalt between the medians in
order to locate the break, repair it and replace the broken concrete and asphalt. This process can be very costly.
Based on the inspection by the City’s irrigation team, it was determined that if a sleeve was installed by the
contractor as they complete the irrigation system installation, the City would realize added protection in the
future. The work to install 600 linear feet of pipe was not specified and in Staff’s determination, not covered
by BrightView’s existing purchasing order. Staff met with the City Manager and it was agreed that the
installation of 600 linear feet of irrigation pipe needed to be resolved immediately.
8. Approval to Award ITB #19-005 Asphalt Paving Projects for Fiscal Year 2019.
(Purchasing Agent Tolbert)
The City of Ocoee, Florida solicited bids from qualified contractors to furnish labor, supervision, materials,
equipment, supplies and incidentals for the asphalt paving projects for Fiscal Year 2019 for the milling and
resurfacing of a south portion of Bluford Avenue, Kissimmee Avenue, Ocoee Crown Point Parkway, Delaware
Street /Cumberland Avenue, and Hammocks Subdivision. The bid was publicly advertised on March 3, 2019,
and opened on April 9, 2019. There were a total of six (6) bids received ranging from $448,641.60 to
$667,647.35. All bids are available in the Finance Department for review. The Public Works and Finance
Departments reviewed all bids received and all were considered responsive. Staff recommends awarding the
bid to Middlesex Paving, LLC as the most responsive and responsible bidder in the amount of $448,641.60 and
authorize the Mayor, City Clerk, and Staff to execute the required contract documents once the required bonds
and insurance are received. Staff also recommends that the City Manager be authorized to approve change
orders to this contract up to the limit of his purchasing authority for each change order, and up to the budgeted
amount for this project for all change orders.
9. Approval of Resolution for the Four-Year Lease-Purchase Agreement with Regions
Equipment Finance Corporations for Various Equipment and Vehicles Included in the
Fiscal Year 2019 Budget. (Purchasing Agent Tolbert)
The budget for Fiscal Year 18/19 includes the four (4) year lease-purchase of various equipment and vehicles.
A detailed list of the actual purchase price of the equipment and vehicles with the respective governmental
contract numbers the City will be piggybacking are provided in the staff report. Staff recommends adopting the
Resolution approving financing terms with Regions Equipment Finance Corporation, and executing the four-
year Lease-Purchase Agreement and related documents for the amount of $2,779,653.86 at an interest rate of
2.5045% for four (4) years, with payments of $181,979.13 per quarter, to close on or before May 24, 2019.
10. Approval to Expend and/or Grant Forfeiture Monies (State) to Law Enforcement
Related Uses and Charities. (Police Chief Brown)
The Ocoee Police Department recommends expending monies from its forfeiture fund to law enforcement
related uses as follows: $500 to Mothers Against Drunk Drivers (MADD), up to $1,000 to sponsor its Citizen
Public Safety Academies, which educate Ocoee citizens and businesses about the Police and Fire Department;
and $750 to its Neighborhood Restorative Justice Program, which serves as a pretrial diversion program for
children who live in Ocoee and have committed minor offenses. Because of the services they provide to the
Ocoee Police Department and to the community, and because duplication of these programs by the Police
Department is not possible, the Police Department recommends granting monies from its forfeiture fund to the
following non-profit organizations: $2,000 to Aspire Behavioral Healthcare (aka Central Florida Crisis
Intervention Team), the facility that trains our police officers how to deal with people in mental health crisis;
and $2,000 to Crimeline, which provides crime solving tips to the Police Department, as well as publicity and
rewards to the public. Over the past years, the Police Department has made a practice of using these monies to
help support programs and organizations that partner with the Police Department in its crime prevention/public
safety mission and wishes to continue to do so.
11. Approval to Piggyback on City of Orlando’s Contract for Application of Asphalt
Rejuvenating Agent with Pavement Technology, Inc. (Public Works Director Krug)
The City resurfacing budget included treating certain recently paved roads with asphalt rejuvenating agent as a
method to extend the service life of the pavement. The City of Orlando has been utilizing this process for several
years with published results showing an extension of the pavement life. Public Works has been working with
representatives from Pavement Technology, Inc., (PTI) and other municipalities throughout Florida to
determine which streets in Ocoee can benefit from this treatment. Based on the established budget, Public
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May 7, 2019
Works selected the following streets for rejuvenation; Meadow Sweet Ct., Fort Collins Ct., Little Aspen Ct.,
New Meadows Ct., Bay St., Floral St., W. Ohio St., Olympus Dr., Adriatic Dr., Acropolis Dr., Ocoee Hills Rd.,
Ridgefield Ave. and Wurst Rd. Public Works recommends approval to piggyback on the City of Orlando
Contract IFB15-0224 for Application of Asphalt Rejuvenating Agent on Various Streets with Pavement
Technology, Inc.
12. Approval to Acquire Property at 8815 Hackney Prairie Road for Stormwater
Mitigation. (Public Works Director Krug)
The City has been maintaining the Sawmill Subdivision retention pond south of the homes along Lumberjack
Lane since the subdivision was completed in 1990. The pond was designed in accordance with the rules of the
then newly created Water Management District which was still in its infancy. This pond location was a former
sink hole which was filled in and graded to become the new retention pond area. A field review of the pond
during the heavy rains of 2018 showed the pond encroaches on a neighboring property to the south which has
been owned by the Warren family since 1980. The encroachment had been brought to the attention of previous
Public Works administrations in 2003, and the City removed some trees on their property which died due to
the pond flooding their property. No action was taken to provide a permanent solution to the flooding. Public
Works investigated options to enlarge the capacity within the footprint of the existing landlocked pond and
conservatively estimated the costs would be from $500,000 to $750,000. While working on a solution to the
flooding, the Warrens expressed their concern to alleviate the flooding was so they are able to sell their property
and downsize at this point in their lives. Public Works approached the Warrens asking if they would be
interested in selling their property to the City as a solution to the flooding. With their concurrence, the City
engaged a property appraisal firm which determined the value of their home on the 2.69 acre property to be
$490,000. Staff is proposing to purchase the Warren property at the appraised value as the most cost effective
solution to avoid causing further impacts to the property. The portion of the Warren property impacted by the
Sawmill pond can be lessed out of the total property and the remainder used as a pocket park or sold as surplus
property to recoup a portion of the cost. Purchasing the Warren property will provide an overall savings to the
City for resolving this flooding issue. There is adequate funding for this purchase in the Stormwater budget.
The Warren property is located at 8815 Hackney Prairie Road.
13. Approval of Change Order No. 1 for RFQ #1702 Construction at Risk for Bluford
Avenue, Phase II, Sub-Phases A & B, Guaranteed Maximum Price.
(Utilities Director Smith)
The City Commission awarded the Construction Manager at Risk (CMR) contract for the Bluford Avenue
Phase II (Street Scape) Project from Delaware Street to Silver Star Road to Oelrich Construction, Inc. (OCI) at
the April 4, 2017 commission meeting. Subsequent to the contract award, the commission accepted OCI’s
guaranteed maximum itemized pricing for the Sub-Phase A and Sub-Phase B work June 6, 2017 and September
19, 2017. Following each acceptance, OCI openly sought subcontractor prices for the itemized work. Savings
differences from the guaranteed and subcontractor pricings remain in “contingency.” The contingency funds
are restricted to specific budget cost centers (utilities, stormwater, etc.) and can fund work added to the OCI’s
scope related to those cost centers or they can be returned to the City upon project completion or by change
order. Work can also be removed from OCI’s scope, and any funding for the nonauthorized work remains in
contingency until officially removed from the scope by an approved change order. A major element of the
streetscape project was to provide new utility infrastructure and/or improve the existing utility infrastructure in
the downtown Ocoee area. The project includes central sewer (conveyance and collection), the upgrading of
existing potable water mains, and installation of a reclaimed water main along Bluford Avenue Included as a
part of the central sewer work is the relocation and upsizing of the existing lift station (#26); currently located
in the center of the City Hall/Bill Breeze Park campus. The new site for the lift station is128 N. Bluford Ave.
and OCI’s guaranteed maximum cost is $640,000. The City has decided to remove this work from OCI’s
contract, and the lift station relocation project is currently out for bid; however, the project cannot be awarded
by the City until it is officially removed from OCI’s contract by change order. OCI has completed the Bluford
Avenue streetscape utilities work; therefore, staff is seeking a contractual return of the unspent utilities
contingency funding of $912,551.17. The $912,551.17 includes the $640,000 for Lift Station 12 and other
related Utilities costs contained in the overall contract. OCI is also seeking to extend the completion date to
April 26, 2019 to account for work added by the City, Duke Energy’s undergrounding efforts and some
miscellaneous items.
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May 7, 2019
14. Approval to Piggyback on City of Sarasota’s Contract for Coating Work with
Engineered Spray Solutions, LLC. (Utilities Director Smith)
The Utility Department uses structural coatings to seal and protect everything from ground storage tanks to lift
stations to wet wells. Coating projects are crucial to ensuring the longevity of the utility system and are
considered a proactive best practice to maintain operations of these facilities. The City has reviewed a variety
of coatings and recently has been using the Sprayroc product through Engineered Spray Solutions (ESS) by
piggybacking off the City of Sarasota’s Contract for Coating Work. The City has used ESS twice this year and
has found them to be very competitively priced. Utilities has been satisfied with both the product and the
application. However, the work performed by ESS has reached the $50,000 purchasing threshold, requiring any
additional work by ESS to have Commission approval. Lift Station 12 is scheduled to be recoated this year,
and the Utilities Department is requesting to piggyback off the City of Sarasota’s Contract for Coating Work
with Engineered Spray Solutions, LLC. The estimated cost for the project is $37,207.
PUBLIC HEARING
FIRST READING OF ORDINANCE
15. First Reading of Ordinance for Dog Friendly Restaurants Land Development Code
Amendment (LDC); Project No: LS-2018-005. (Second Reading and Public Hearing Date
scheduled for May 21, 2019, Regular Commission Meeting at 6:15 PM or soon thereafter.) (Deputy
Development Services Director/CRA Administrator Corless)
Within the last year the West Orange Chamber of Commerce began advocating for local jurisdictions to allow
dogs to accompany their owners in outdoor cafes and restaurants. The President and CEO of the West Orange
Chambers, Stina D’Uva, was quoted in the West Orange Observer, dated April 11, 2018, as saying, “Dogs are
becoming more compatible everywhere you go.” When this article went to print, the City of Winter Garden and
the City of Orlando were the closest jurisdictions to have a “Dog Friendly Dining” ordinance. Since that time,
Orange County and the Town of Oakland have both adopted an ordinance stating the conditions in which dogs
may accompany their owners at restaurants. The proposed amendment to the City’s Land Development Code
adds Section 5-20 entitled, Dog Friendly Restaurants, providing the terms, conditions, requirements, and
enforcement for a food service establishment to acquire and maintain a permit to allow dogs in designated
outdoor areas within the City of Ocoee. According to the Bringfido.com website, there are seven (7) food
service establishments in Ocoee that currently allow dogs in their outside dining area. These establishments
will need to comply with the new ordinance. If the ordinance passes, Development Services will contact food
service establishments alerting them of the new code and informing the restaurants; a permit will be required.
SECOND READING OF ORDINANCE and PUBLIC HEARING
16. Fountains West Commons Planned Unit Development (PUD). (Urban Designer Kisicki)
(a) Second Reading of Ordinance for Fountains West Commons Planned Unit
Development Small Scale Comprehensive Plan Amendment (PUD/SSCPA); Project
No: CPA-2019-001. (Advertised in the West Orange Times on Thursday, April 24, 2019)
The subject property is located on the west side of Lot 8 and directly west of a designated “Light Industrial”
parcel owned by the petitioner. This subject property is approximately 5.35 acres in size, currently undeveloped
and sparsely covered with a small mixture of sand pine, scrub and laurel oak trees with other varieties of trees
scattered around the property. The existing Future Land Use designation is Low Density Residential and Light
Industrial. This subject property is being proposed as an extension of an existing “Light Industrial” property,
which lies to the east. The Applicant proposes to incorporate this land into the Fountains West PUD with a re-
platted new name of Fountains West Commons. The project will consist of a three (3) commercial lot
subdivision on 11 acres. The Fountains West PUD and Fountains West Commons are situated on the northeast
corner of the intersection of West Road and Ocoee Apopka Road, which are designated as arterial roadways.
The area has seen a significant change since the inception of the Fountains West PUD development. To the
east, the property developed as a 240-unit apartment community and a charter school. The south has had two
(2) fast food users build on the two (2) vacant lots. A daycare has been approved and is under construction on
the south side of West Road.
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(b) Public Hearing for Phase 1 Lot 1 of Fountains West Commons Planned Unit
Development (PUD) FKA Fountains West Lot 8 “Summit Self Storage” Preliminary
and Final Site Plan (PSP/FSP) for Summit Self Storage; Project No: LS-2018-005.
(Advertised in the West Orange Times on Thursday, April 25, 2019)
Fountains West PUD property is located on the northeast corner of the intersection of West Road and Ocoee-
Apopka Road. The property encompasses approximately 43.03 acres of land of which approximately 4.73 acres
was designated as wetland/conservation and was dedicated to the City. Additionally, as part of the onsite
wetland mitigation, 1.1 acres were dedicated to the City as a Public Trail (Tract G). The approved PUD created
eight (8) commercial lots of which one (1) lot is designated as a shopping center (Lot 6-Publix) and another as
a large church facility (Lot 8-Living Waters Church). The permitted uses are indicated on a development matrix
chart on sheet C-10 with revised uses on LUP-2 of the Land Use Plan. On June 18, 2018, the PUD Land Use
plan received approval for a Substantial Amendment to the PUD. The approval changed the permitted uses of
Lot 8, from a Church use to include Commercial, Self-storage, and daycare uses. The revision to the PUD also
included phasing the project in two separate phases. Phase 1 will include a 102,600 square foot three-story
indoor self-storage facility and possible 18,000 square feet of retail space or Day Care. The self-storage is
proposed to be accessed via internally drive aisle within the building. The applicant is working on providing a
future location for the Ocoee Fire Department in phase 2. The proposed Preliminary/Final Site plan is for a 3-
Story indoor self-storage facility on 11.73 acres. Additional improvements include an access drive aisle and
master stormwater retention/detention for all phases of the development.
REGULAR AGENDA
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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