02-15-2022 Agenda OCOEE CITY COMMISSION
Ocoee Commission;Chambers
150 North Lakeshore Drive
Ocoee,Florida
FEBRUARY 15, 2022 AGENDA 6:15 PM
REGULAR CITY COMMISSION MEETING
CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
PRESENTATIONS AND PROCLAMATIONS
Healthy West Orange Trails Connection Presentation by Emily Hanna, Executive Director,
with Bike Walk Central Florida
STAFF REPORTS AND AGENDA REVIEW
PUBLIC COMMENTS
THE PUBLIC IS ALLOWED TO COMMENT ON ANY I1'EMS 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 February 1,
2022. (City Clerk Sibbitt)
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.
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(WORD) 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,WORD 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.
Regular City Commission
February 15, 2022
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 Depar lucent 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 Depai tment.
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.
6. Approval of Resolution and State Highway Maintenance Memorandum of Agreement
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.
7. Approval of Change Order No. 1 for Contract ITB #20-011 with CFE: W. Oakland
Avenue and N. Cumberland Avenue Reconstruction Phase 1 and Lakewood Avenue and
E. Oakland Avenue Reconstruction. (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.
8. Approval of Ingram 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,RFP 17-
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.
9. Approval of the National Pollutant Discharge Elimination System Monitoring Plan with
Wood Environment & Infrastructure Solutions, Inc., 2021/2022. (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 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 Commission 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.
Regular City Commission
February 15, 2022
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.
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.
FIRST READING OF ORDINANCE -None
SECOND READING OF ORDINANCE—PUBLIC HEARING
12. Second Reading of Ordinance for Property Rights Element (HB 59) — Comprehensive
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 West Orange 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.
3 ' Page
Regular City Commission
February 15, 2022
PUBLIC HEARING
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 1133. 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.
REGULAR AGENDA -None
COMMENTS FROM CITIZENS/PUBLIC
COMMENTS FROM COMMISSIONERS
ADJOURNMENT
CITY COMMISSION ANNOUNCEMENTS MEETING
(Starting the later of 6:45 pm or 5 minutes following the adjournment of the City Commission Meeting)
During the City Commission Meeting,members of the City Commission are given limited time to make announcements.The purpose
of this additional meeting is to give the Mayor and City Commissioners 10 minutes to make additional announcements that were not
made as part of the City Commission Meeting.No formal actions on matters will be taken during this meeting. No discussions
regarding matters that may come before the City Commission at a future City Commission Meeting should be addressed during this
meeting. As the purpose of the meeting is for the sharing of general announcements by members of the City Commission that are
City-wide or District-wide, no public discussion/input is requested during this meeting. One or more members of the City
Commission may(but are not required to)attend this meeting. In the event the members of the City Commission have no further
announcements and/or choose not to attend this meeting,there will be no meeting.
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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