08-16-2022 Agenda
OCOEE CITY COMMISSION
Ocoee Commission Chambers
1 North Bluford Avenue
Ocoee, Florida
AUGUST 16, 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
Proclamations for September 2022 (Mayor Johnson)
9/11 Remembrance
National Assisted Living Week ~ September 11 – 17
West Orange Healthy Selfie Day ~ September 16
Turnpike Update (Assistant City Manager Shadrix)
STAFF REPORTS AND AGENDA REVIEW
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 July 19, 2022.
(City Clerk Sibbitt)
2. Approval of Reappointment to the General Employees’ Pension Board of Trustees.
(City Clerk Sibbitt)
Trustees for the Pension Boards serve four (4) year terms, as amended in Ordinance 2009-020. The City
Commission appoints two (2) of the trustees, 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 Trustee Patricia Gleason expires on September 30, 2022, and she has indicated she
is willing to serve another term, if appointed. At this time no other applications have been received for serving
on this board.
3. Approval of Reappointment to the Police Officers’/Firefighters’ Retirement Board of
Trustees. (City Clerk Sibbitt)
Trustees for the Pension Boards serve four (4) year terms, as amended in Ordinance 2010-019. The City
Commission appoints two (2) of the trustees from the legal residential body of the City of Ocoee, two (2) are
elected from the employee body (one (1) police officer and one (1) firefighter), and the fifth trustee is chosen by
those four (4) trustees and presented to the City Commission for certification of the appointment as a ministerial
act. The term of Trustee William Maxwell expires on September 30, 2022, and he has indicated he is willing to
serve another term, if appointed. At this time no other applications have been received for serving on this board.
Regular City Commission
August 16, 2022
4. Approval of the 2023 Holiday Schedule and Canceling Five (5) Scheduled Meeting Dates.
(City Clerk Sibbitt)
Section 8.01 of the Personnel Rules and Regulations lists Holidays that will be observed annually in the City of
Ocoee. Each year the City Commission approves those holidays as well as selects dates for those holidays that
fall on weekend days. Due to time-sensitive development projects, the Development Services Department would
benefit from future planned meeting cancelations of the City Commission & Planning & Zoning Meetings.
Approved Holidays Dates as Approved 2023 Recommendations
New Year’s Day January 1st (Sunday) Monday, January 2, 2023
Martin Luther King, Jr. Day Third Monday in January Monday, January 16, 2023
Memorial Day Last Monday in May Monday, May 29, 2023
Independence Day July 4th Tuesday, July 4, 2023
Labor Day First Monday in September Monday, September 4, 2023
Thanksgiving Day Fourth Thursday Thursday, November 23, 2023
Day After Thanksgiving Day after Fourth Thursday Friday, November 24, 2023
Christmas December 25th Monday, December 25, 2023
Day Before or After Christmas As determined by Commission
Tuesday, December 26, 2023
Meetings Holidays/Election Day 2023 Recommended Dates
City Commission Meeting New Year’s Day Tuesday, January 3, 2023
P&Z Commission Meeting Municipal Election Day Tuesday, March 14, 2023
City Commission Meeting July 4th Tuesday, July 4, 2023
City Commission Meeting Labor Day Tuesday, September 5, 2023
City Commission Meeting Thanksgiving Tuesday, November 21, 2023
5. Approval of Florida’s Bicycle Pedestrian Focused Initiative: Communication and High
Visibility Enforcement Grant. (Police Chief Plasencia)
This year $7,221.74 has been made available for the 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. If
approved, the Police Department will receive $7,221.74 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.
6. Approval of Federal Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant
(JAG) Program. (Police Chief Plasencia)
This year $10,000 has been made available for the City of Ocoee Police Department through the Edward Byrne
Memorial Justice Assistance Grant (JAG). The Byrne Memorial Justice Assistance Grant (JAG) Formula
Program Committee wishes to submit a 51% Letter to the Office of Criminal Justice Grants in Tallahassee. This
letter lists the various programs for which the participating law enforcement agencies in Orange County plan to
spend the $301,278 allocated to Orange County agencies and confirms the City’s approval of the allocations.
The letter and accompanying grant application must be signed by the Mayor. If approved, the City of Ocoee will
receive $10,000 to purchase surveillance equipment.
7. Approval to Award RFQ #22-006 Continuing Engineering Services for Federal Grant
Funded Utilities ARPA Projects. (Procurement Manager Tolbert)
In conformance with the Consultants’ Competitive Negotiations Act (CCNA), § 287.055, Florida Statutes, et
seq., the Federal Procurement Standards set forth in the Uniform Guidance at 2 CFR 200.317 through 2 CFR
200.327 and Chapter 21 of the City’s Code of Ordinances, the City solicited statements of qualifications from
professional engineering firms interested in providing professional engineering services for designated utilities
projects funded through the American Rescue Plan Act (ARPA). Projects may also include those funded through
other federal grant funds such as FEMA, FHWA, etc. A total of seven (7) responses were received for this RFQ
with one (1) being deemed non-responsive and non-responsible. The public RFQ Evaluation Committee meeting
was held on August 4, 2022, and short-listed the following firms in ranked order, and recommends contracting
with the top four (4) ranked firms: (1) CPH, LLC; (2) Hazen & Sawyer; (3) CHA Consulting, Inc.; (4) Wright-
Pierce, Inc.
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Regular City Commission
August 16, 2022
8. Approval of the Annual Fire Protection Special Assessment Resolution and Certification
of Non-Ad Valorem Assessment Tax Roll for Fire Protection Assessment for Fiscal Year
2022/2023. (Support Services Director Butler)
The City Commission approved Ordinance 2013-010 to provide for collection of fire protection assessments as
a special non-ad valorem assessment on the annual Orange County tax bill. The assessment is based on building
occupancy hazard factors and the area under roof to determine the number of Fire Protection Units (FPUs) for
each property. The number of FPUs is then multiplied by the Applied Assessment Rate to get the amount of the
special assessment. Section 197.3632, Florida Statutes, requires the City to certify the Tax Roll for the fire
protection assessments by September 15th. A resolution to certify the tax roll is the only mandatory element of
the annual fire protection special assessment implementation process.
9. Approval of the SAGE Software Support and Maintenance Agreement with Clear
Village, Inc., (CVI). (Support Services Director Butler)
The City executed an agreement in 2010 with CVI to continue development of the SAGE software and provide
software maintenance and enhancement services. When the building permit application became a stable
commercial product, the city and CVI migrated to a standard software support and maintenance contract
approved by the Ocoee City Commission at its January 5, 2016 meeting. That contract expired on September
30, 2021. The annual cost of support under the 2016 agreement was $35,000, with an annual escalation of 5%.
The proposed agreement covers software support and maintenance as a basic service for a set fee of $35,000 per
year, with no escalation clause. The initial term covers the current fiscal year, during which the city has continued
to receive maintenance and support services pending approval of the proposed agreement.
10. Approval of Certification of Non-Ad Valorem Assessment Roll for Solid Waste Inclusion
on the Orange County Tax Roll for Fiscal Year 2022/2023. (Public Works Director
Krug)
The City commission approved Resolution No. 2006-003 to provide for collection of Solid Waste fees through
the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector
requires the City to annually certify the non-ad valorem assessment roll by September 15th. The fiscal year
2022/2023 tax roll for Solid Waste calculates revenue to be $3,919,835.25. This is based upon the residential
Solid Waste fee which has been increased 1.4% per adopted Resolution No. 2019-013 from $271.45 to $275.25
annually. This is an increase of $135,550.80 from the current year and is attributed to the rate increase,
annexations and new homes.
11. Approval of Certification of Non-Ad Valorem Assessment Roll for Stormwater
Inclusion on the Orange County Tax Roll for Fiscal Year 2022/2023. (Public Works
Director Krug)
The City commission approved Resolution No. 2006-003 to provide for collection of stormwater fees through
the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector
requires the City to annually certify the non-ad valorem assessment roll by September 15th. The fiscal year
2022/2023 tax roll for Stormwater calculates revenue to be $3,631,466.59. This is an increase of $28,701.64
from the current year and is attributed to annexations, new homes and commercial development.
FIRST READING OF ORDINANCE
12. First Reading of Ordinance for Isaak Malka Property, 2199 West Road, Annexation,
Small Scale Comprehensive Plan Future Land Use Map Amendment & Rezoning;
Project No(s): AX-04-22-24, CPA-22-04-37 & RZ-22-04-37. (Second Reading and Public
Hearing scheduled for future date to be determined upon approval of the Joint Planning Agreement with Orange
County) (Zoning Manager Whitfield)
The subject property is approximately 5.08 acres and located generally south and west of Desert Candle Drive,
east of the West Orange Trail and north of the West Road unimproved right-of-way, approximately 200 feet
north of SR 429. The site is located within the City of Ocoee-Orange County Joint Planning Area (JPA). The
applicant is proposing to annex the subject property into the City, amend its future land use map designation
from Low Density Residential to High Density Residential and reclassify the zoning district from County A-1
to City Planned Unit Development (PUD) in order to develop single-family attached residential (fee-simple
townhome) subdivision. The proposed High Density Residential (HDR) future land use would allow 8 to 16
units per acre, resulting in a maximum of 81 dwelling units. The proposed Land Use Plan (LUP) would limit
development to a 48-lot townhome subdivision, resulting in a proposed density of 9.4 units per acre.
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Regular City Commission
August 16, 2022
SECOND READING OF ORDINANCE – PUBLIC HEARING
13. Second Reading of Ordinance Adopting the New Boundaries for the Commission
Districts of the City of Ocoee. (First Reading was heard at the June 21, 2022, City Commission Meeting
and Continued from the July 19, 2022, City Commission Meeting. Advertised in the West Orange Times on
Thursday, July 7, 2022) (City Clerk Sibbitt)
The Districting Commission was appointed by the City Commission and held several meetings between October
2021 to April 2022. The Districting Commission presented a report to the City Commission on April 5, 2022,
advising of its preferred plan. The City Commission accepted the recommended Board Plan 1C, and directed
staff to bring back an ordinance adopting the new boundaries set forth in this plan. City residents were notified
of the proposed Board Plan 1C in the April water bill as well as placed on the City’s website.
14. Second Reading of Ordinance for Land Development Code (LDC) Amendment to
Article VI, Section 6-14C(5) and Article VIII to Consolidate the Sign Code. (First Reading
was heard at the July 19, 2022, City Commission Meeting. Advertised in the West Orange Times on Thursday,
August 4, 2022) (Zoning Manager Whitfield)
The proposed LDC amendment is intended to resolve sign code discrepancies and consolidate the provisions
from Article VI into Article VIII. Since the provisions in Section 6-14C(5) were adopted in 1999, they supersede
the provisions of Article VIII, which were adopted in 1988. Thus, staff proposes approval of an Ordinance
implementing amendments to Articles VI and VIII in order to consolidate the sign design standards from Section
6-14C(5) into Article VIII Sign Code and reorganize and update Article VIII accordingly.
15. Second Reading of Ordinance for Land Development Code (LDC) Amendment to
Article V, Section 5-4.1 to Clarify Fence Requirements for Corner Lots and Lots with
Multiple Street Frontages. (First Reading was heard at the July 19, 2022, City Commission Meeting.
Advertised in the West Orange Times on Thursday, August 4, 2022) (Zoning Manager Whitfield)
Section 5-4.1, LDC, establishes the standards for fences within the City. For internal lots, fences in residential
districts may be erected in any required yard or along the edge of any yard, provided that street corner visibility
requirements are met and provided that no wall or fence located in front of the front building line does exceed
four (4) feet in height and be no more than fifty (50) percent opaque. Fences shall not exceed six (6) feet in
height. However, currently the Code does not speak to corner lots where the dwelling units are designed side-
to-rear or for lots that have multiple roadway frontages, such as a double-frontage lot, through lot, or lot with
road frontage along three (3) or more sides. Thus, staff proposes approval of an Ordinance implementing
amendments to Article V, Section 5-4.1, to clarify the requirements for corner lots and lots with multiple street
frontages.
PUBLIC HEARING
16. Public Hearing and Resolution to Adopt the Annual Code Enforcement Abatement
Assessment Resolution and to Certify the Fiscal Year 2023 Non-Ad Valorem Assessment
Tax Roll for Abatement Cost Recovery. (Advertised in the West Orange Times on Thursday, August
4, 2022.) (Support Services Director Butler)
Section 115-1 of the City Code of Ordinances established the geographic limits of the City of Ocoee as a special
assessment district in which the City Commission is authorized to levy a non-ad valorem assessment against
properties the City of Ocoee has abated a nuisance but has not been reimbursed for the cost of such abatement.
Resolution 2017-003 requires the City Commission to adopt a resolution certifying the non-ad valorem
assessment tax roll following a public hearing prior to September 15 of each year. There are currently properties
that will be assessed to recover the cost of abatements performed by the city. The owners of each of these
properties were notified by first class mail of the non-ad valorem assessment and of the scheduled public hearing
at which the City Commission would consider this issue. The form and content of these notifications conformed
to the requirements described in Section 197.3632, Florida Statutes.
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Regular City Commission
August 16, 2022
17. Public Hearing for a Third Amendment to the Joint Planning Area Agreement (JPA)
with Orange County for Isaak Malka Property, 2199 West Road, JPA-21-003. (Advertised
in the West Orange Times on Thursday, August 4, 2022) (Zoning Manager Whitfield)
The area proposed for the Amendment to the City of Ocoee-Orange County Joint Planning Area (JPA) is
comprised of one (1) parcel known as the proposed Isaak Malka Planned Unit Development (PUD). The subject
property is located at 2199 West Road and contains approximately 5.08 acres. The applicants propose to develop
a 48-lot single-family attached (fee simple townhome) subdivision, which is represents a density of 9.5 units per
acre. In order for the proposed project to proceed with the Annexation, Small-Scale Comprehensive Plan Future
Land Use Map amendment and Rezoning of the property, the JPA Future Land Use Map needs to be amended
to change the land use designation of the property from Low Density Residential (LDR) (density of 4 units per
acre) to High Density Residential (HDR) (density of 8 to 16 units per acre). No other map or text amendments
are proposed with this Amendment.
REGULAR AGENDA
18. Approval of New Appointment to 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. Currently, the Human Relations
Diversity Board has twelve (12) members, and their resolution allows no less than seven (7) members and no
more than thirteen (13) members. Only those persons who reside in Ocoee, who own real property in Ocoee, or
who are owners of businesses located in Ocoee shall be eligible for membership. Three (3) applications have
been received. Katiana Shum, who is not a resident, but has indicated she is an Ocoee business owner, submitted
her application on February 28, 2022. Marcus Riggins, who is a resident in District 4, submitted his application
on June 1, 2022. Demetrick Brown, who is a resident in District 1, submitted his application on June 11, 2022.
All applicants have shown an interest in being appointed to the Human Relations Diversity Board for a term
ending May 2025. Staff recommends that the Honorable Mayor and City Commissioners appoint either Marcus
Riggins or Demetrick Brown with a term ending May 2025. Katiana Shum submitted her application prior to
Marcus Riggins; however, Ms. Shum’s application is incomplete due to inadequate business owner verification.
The HRDB Bylaws state, “Only those persons who reside in Ocoee, who own real property in Ocoee, or who
are owners of businesses in Ocoee shall be eligible for membership.”
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, 1 N. BLUFORD AVENUE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE
OF THE MEETING.
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