12-02-14 AgendaOCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
December 2, 2014 AGENDA 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
B. PRESENTATIONS AND PROCLAMATIONS
Presentation of Officer of the Third Quarter Award to Officer Brandon Kerr by the
Citizen Advisory Council for the Ocoee Police Department (CACOPD)
Presentation by Desiree Luce, President and Heather Kennedy, Vice President of
the Dirty Jeans 4 -H Club, SKY -T Stables — Mr. William Maxwell
Post - Election /Pre- Session Briefing by Chris Carmody and Robert Stuart of
GrayRobinson, P.A.
C. COMMENTS FROM CITIZENS /PUBLIC
D. STAFF REPORTS AND AGENDA REVIEW
E. COMMISSIONERS ANNOUNCEMENTS
F. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO 13E 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 TI IF, CITY CLERK TO REMOVE 'THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM
WILL BE CONSIDERED SEPARATELY.
1. Approval of Minutes for the Regular Commission Meeting Held November 4,
2014. (City Clerk Eikenberry)
2. Reappointments to the Citizen Advisory Council for Ocoee Police Department
(CACOPD). (City Clerk Eikenberry)
Members of the Citizen Advisory Council for Ocoee Police Department (CACOPD) serve three -year
terms. The Resolution creating the Board allows no more than fifteen (15) members. The board
currently has ten (10) members.
The terms of Members David Ball, Robert McKey and Jose Santana will expire in January 2015, and
they have indicated an interest in being considered for reappointment. Additionally, as a member on
the CACOPD, Mr. Ball also currently serves on the Violations Hearing Board since that board requires
that two members be appointed from among the membership of the CACOPD. There are no
applications currently on file.
3. Reappointments to the Parks and Recreation Advisory Board. (City Clerk
Eikenberry)
Members of the Parks and Recreation Advisory Board serve two -year terms. The Ordinance provides
that the Parks and Recreation Advisory Board membership shall consist of nine (9) members and
Regular Commission Meeting
December 2, 2014
whenever possible, appointments to the Board may include one member from each of the following
organizations: Ocoee Little League, Ocoee Youth Soccer League (OYSL), Ocoee Bulldog Pop Warner
Football, and West Orange Senior Citizens Association. Currently the board has seven (7) members.
The two -year terms of Qubeliah Graham, Rob McKey, Jane Rainer, and Judy Rhodes ended October
2014. Members Graham, McKey, and Rainer have all indicated they are willing to serve another two -
year term, if reappointed. Member Rhodes has declined reappointment. There are no applications
currently on file.
4. Approval to Expend Forfeiture Monies to Law Enforcement Related Equipment
Needed to Outfit Three City of Ocoee Police Department Members of the
Central Florida Metro S.W.A.T. (Police Chief Brown)
The role of law enforcement in all cases, including riotous activity, anti - terrorist activities,
insurrection, barricaded subjects, execution of narcotics warrants, arrest of dangerous felons and the
rescue of hostages or endangered persons, is for the protection of lives and property. In the pursuit of
this goal, the City of Apopka, the City of Winter Park, the City of Maitland, the City of Ocoee, and the
City of Winter Garden are integrating their officers to provide combined S.W.A.T. services in all five
jurisdictions.
The integrated team of specially selected and trained police officers from the participating political
subdivisions will respond to any incident where special weapons and tactics are needed within the
member jurisdictions. In order to fully participate, the City of Ocoee needs to outfit three specially
selected officers with the required special equipment and weapons and train the respective officers.
5. Award of Bid #B14 -06 Southwest Development Utility Improvements.
(Purchasing Agent Tolbert)
The City of Ocoee, Florida (City) solicited bids from qualified contractors to furnish labor,
supervision, materials, equipment, supplies and incidentals. The Southwest Development Utility
Improvements Project is divided into two (2) phases & this project is for Phase 1 Project
Improvements. The bid was publicly advertised on July 27, 2014, and opened on August 26, 2014.
The Finance, Utilities, and Engineering Departments reviewed all bids received and one was
considered non - responsive for submitting an incorrect bid bond. The remaining eight (8) bids received
ranged from $249,751.00 to $393,562.00.
Staff recommends awarding the bid to GO Underground Utilities, LLC for $249,751.00, as the most
responsive and responsible bidder, per the recommendation from Charles K. Smith P.E. Utilities
Director. The bid submitted by GO Underground Utilities is $64,949.00 lower than the estimated
amount of $314,700.00. Go Underground has agreed to extend their bid an additional thirty (30) days
to allow for award, as the ninety (90) day period would have expired on November 24, 2014.
6. Approval of Annual Traffic Signal Maintenance Contract Extension with
Control Specialists. (Public Works Director Krug)
The Commission approved utilizing Control Specialists for traffic signal maintenance at the September
15, 2009, meeting by piggy - backing on an existing City of Maitland Agreement. The agreement with
Control Specialists has provided proactive inspections and repairs for maintaining the City's traffic
signals. Maitland has extended their current contract one (1) year as allowed per the agreement.
Public Works is requesting Commission approval to extend our agreement with Control Specialists for
the additional one (1) year period per the piggy -back agreement. Control Specialists has maintained
their pricing throughout the agreement without a price increase.
Public Works has determined from discussions at the regional meetings that Control Specialists
continues to provide the most cost effective service option for Ocoee to proactively maintain our City's
signal system. The Streets Division budget incorporates up to $30,000.00 for monthly inspections and
maintenance along with $45,000.00 for unanticipated repairs and upgrades. Public Works
recommends extending the agreement with Control Specialists for one (1) additional year.
7. Approval of Change Order No. 1 for Floral Street Improvements. (Public Works
Director Krug)
The City Commission awarded the Floral Street Improvements Project at the September 16, 2014,
meeting to Shuller Contractors, Inc., one of the City's Small Construction Projects Term Contract
vendors. In order to blend the existing grade of the yards, driveways and mailboxes with the new
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sidewalk, additional concrete work was required for driveways and curbing to tie in the handicap ramp
at Cumberland Avenue.
Public Works directed the additional work in order to allow the Contractor to complete the project
within the allotted time and provide a final product that harmonized the improvements with the
existing terrain. Public Works has reviewed and determined the pricing to be in line with or below
industry standards and recommend approval of the change order.
8. Approval of Utilities Vacuum Truck Re- Build. (Public Works Director Krug)
The approved Utilities' Water Field Operations Division's 2014/2015 budget included funding for the
re -build of the 2005 VAC -CON truck, unit 815. This scheduled work is due to the normal wear on the
equipment from regular use. The authorized VAC -CON dealer in Florida is Southern Sewer
Equipment Sales, in Fort Pierce, which provided an estimate of $103,920.80 to complete the work.
Southern Sewer Equipment Sales is the sole source dealer for this brand of vacuum truck in Florida,
however the pricing is in line with recent rebuild costs for the Stormwater Division's Vactor model.
Public Works recommends awarding the work to Southern Sewer Equipment Sales.
9. Approval of 2014/2015 Budget Vehicle /Equipment Purchase. (Public Works
Director Krug)
The City traditionally purchases vehicles and equipment through bids from the Florida Sheriffs
Association's annual contract. Public Works has researched pricing throughout the State and has
found the Florida Sheriffs Association continues to provide the lowest competitively bid pricing for
vehicles. The City is a member of the National Joint Purchasing Alliance (NJPA) and has found the
lowest pricing for the Streets Division stump grinder through this contract.
Public Works recommends approval to purchase the vehicles from the Florida Sheriffs Association
annual contract based on the 2014/2015 published pricing and the NJPA contract #070313 -VRM. The
cost of light and medium duty pickup trucks has increased above the amounts anticipated in the budget
and will require budget transfers for the increases. Vehicles and equipment that are being replaced will
be declared surplus and auctioned. The electrical power stations for the Ford Focus are incorporated in
the budget to include two (2) overnight charging stations at Utilities and Public Works along with a
public quick charge station at the City Hall campus.
10. Approval of Additional Design and Construction Services for the Roberson
Road Improvement Project with Donald W. McIntosh Associates, Inc. (City
Engineer Wheeler)
The City Commission approved the Annexation and Development Agreement for the Belmere Planned
Development at the August 5, 2008, Commission meeting. As a part of that Agreement, the City
agreed to have Unicorp, Inc., the developer, design, permit, and construct certain improvements to
Roberson Road. Those improvements generally include widening to four lanes the intersection with
Maguire Road and west across the frontage of the Belmere property and included sidewalks on both
sides of the road, a closed drainage system, and a dedicated left turn lane into the Casa Mirella
apartment complex. Unicorp, Inc. was to employ their site civil engineer, Donald W. McIntosh
Associates, Inc. (DWMA), to prepare the roadway improvement plans. The City would be responsible
in securing any additional right -of -way and stormwater facilities as may be required.
City staff has decided to not pursue condemnation to obtain additional lands outside the right of way
and therefore the design for the road and related work needs to be modified. The additional design
services related to fitting the road project within the existing ROW has exceeded Unicorp's
commitment to design the project. Staff has requested proposals from DWMA to perform this
additional design to modify the plans and to also provide construction related services as may be
needed during the construction of the improvements. The plans modification proposal is in the amount
of $15,300 and the construction related services proposal is in the amount of $10,580.
11. Approval of Distribution Easement with Duke Energy Florida, Inc. for the
Construction of a Left Turn lane into the Glad Tidings Church Property. (City
Engineer Wheeler)
As part of this phase of the development of the Glad Tidings Church, they are being required to
construct a left turn lane for safer access to their property. The widening of the road for the turn lane
will conflict with the existing overhead distribution lines owned by Duke Energy Florida, Inc. Duke
Energy is being required to relocate it facilities by Orange County, who has jurisdiction over this
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section of Fullers Cross Road. The relocation of the Duke Energy facilities will be at no expense to the
City.
The City owns the property (parcel ID: 282206000000056) at the northeast corner of Fullers Cross and
Ocoee - Apopka Roads and adjacent to the Glad Tidings Church and plans to have the property
developed in the future. This parcel was one of the outlying parcels included in the purchase of land
from Cocoa -Cola, Inc. for the development of the Ocoee -Crown Point PUD project. The City has
already secured 20 feet of property from Glad Tidings for the future road widening of Fullers Cross
Road. As part of the development of the City tract, 20 feet of land along Fullers Cross Road will also
need to be dedicated to Public right -of -way for the future road improvements, too.
12. Approval of Installation of Street Lighting on SR 50 as part of FDOT's
Widening Project from Good Homes Road to the Entrance to the West Oaks
Mall. (City Engineer Wheeler)
The Florida Department of Transportation (FDOT) is nearing completion of the widening of the
portion of SR 50 from Good Homes Road to the entrance to the West Oaks Mall. FDOT and the City
have been working together to have street lights installed along this portion of the road widening
project. FDOT originally designed high pressure sodium (HPS) lights for this section of the road
widening and secured a bid from Lane Construction Company for the installation as part of the overall
project. This is FDOT's standard design — HPS lights on 40 foot poles.
The City wanted to look at using LED lights as opposed to the HPS lights. City staff looked to move
towards newer technology lighting; and FDOT has allowed LED lights on a few highway projects as
test cases. Two main options were explored: the City designing, permitting, and constructing the lights
or the City contracting with Duke Energy Florida, Inc. to design, permit and install the lights. Duke
Energy provided the City with a cost proposal to design, permit, and install the LED street light system
for this section of the SR 50 widening. Duke Energy will perform routine maintenance, repairs and
replacements as needed, and maintain an inventory of pieces, parts, fixtures, poles, etc. Duke Energy
already has the trained personnel and equipment needed to install and maintain the lighting system.
Duke Energy's proposal to install the LED light system on the section of SR 50 from Good Homes
Road to the entrance to the West Oaks Mall is for $119,464.84.
FDOT is offering funding to the City for the installation of the LED street lights. The funding is not
required to be reimbursed, provided the City meets the terms and conditions of the Joint Participation
Agreement. The amount of funding being offered by FDOT is up to $120,000 to cover the cost of the
installation of the street lights.
13. Approval of the Fire Service Agreement Between the City of Ocoee and the
Town of Windermere. (Fire Chief Hoover)
The agreement in question is a renewal of the current agreement for fire services between Town of
Windermere and the Ocoee Fire Department. This is a five -year agreement for the provision of fire
services, commencing with the start of fiscal year on October 1, 2014 and terminating with the
completion of the fiscal year ending September 30, 2019. The services to be provided through this
agreement include Fire Protection Services, Fire Suppression Services, Emergency Medical Services,
Emergency Rescue Services, Fire Investigation Services and Public Service Incident Responses.
The current contract through the Town of Windermere for fire services did expire on September 30,
2014 and the renewal of this agreement is necessary in order to continue to receive fire services from
the Ocoee Fire Department.
G. FIRST READING OF ORDINANCE
14. Code of Ordinance Amendment — Reduction of Impact Fees and the Deferral of
the Road Impact Fees Payments Extension until April 30, 2015. (.Second Reading and
Public Hearing scheduled January 6, 2014, Regular Commission Meeting at 7:15 p.m. or soon
thereafter). (City Planner Rumer)
The City's Transportation Impact Fee update is being reviewed for final comment and adjustment
however will not be ready to adopt before the sunshine date of December 31, 2014. Staff is requesting
an additional extension to adopt the updated Transportation Impact Fees in 2015. Also, per Florida
Statute Section 163.31801: "Impact Fee adjustments are required to be noticed no less than 90 days
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before the effective date of an ordinance or resolution imposing a new or increased impact fee. A
county or municipality is not required to wait 90 days to decrease, suspend, or eliminate an impact
fee." The additional time will give the City time to properly notice the amendment if new fees or
higher fees are proposed.
H. SECOND READING OF ORDINANCES — PUBLIC HEARINGS
15. McCormick Reserve. (Advertised in the West Orange Times on Thursday, November 20, 2014,
and Thursday, November 27, 2014). (Principal Planner Fabre)
The subject property is located on the south side of McCormick Road, east of Ingram Road and west of
N. Clarke Road. The subject site is approximately 45.09 acres in size of which 43.57 acres are uplands
and 1.52 acres are designated as wetlands. The site is currently undeveloped with planted pine trees, a
SFR with accessory buildings (programmed to be removed when the property develops), wetlands and
100 -year floodplain areas.
The McCormick Reserve PUD /Land Use Plan is a planned residential subdivision that proposes a total
of 133 single - family detached residential lots with a requested density of 2.95 units per acre. The
residential streets (50' wide) are planned to be designated as public right -of -ways. The residential lots
will be approximately (106) 50 feet by 120 feet and (27) 60 feet by 120 feet. The PUD has a minimum
living area set at 1,500 square feet. The development is proposed to be developed in two (2) phases.
There are some waivers from the Land Development Code that is currently requested. Most of the
waivers were requested by staff to aid in the hydrology of Trout Lake. Staff supports these waiver
requests as presented.
a. Annexation Ordinance
b. Rezoning Ordinance to PUD
c. Land Use Plan
d. Annexation and Development Agreement (Not a Public Hearing)
16. Ocoee Pines Parcels A -D. (Advertised in the West Orange Times on Thursday, November 20,
2014, and Thursday, November 27, 2014). (Principal Planner Fabre)
The subject parcels are vacant and undeveloped. The subject land parcels are remnants of a historic
(circa 1920s) residential subdivision that was never developed. In 2006, the surrounding property was
re- platted as "Ocoee Pines" and annexed into the City of Ocoee. The subject parcels were not included
as part of the Ocoee Pines annexation completed in 2006 because of lack of ownership at that time.
The subject parcels are now owned by the Ocoee Pines (JTD Land at Ocoee, LLC) developers and are
being requested be part of the existing Ocoee Pines PUD.
a. Annexation Ordinance
b. Rezoning Ordinance to PUD
17. Ocoee Pines Parcels E -F. (Advertised in the West Orange Times on Thursday, November 20,
2014, and Thursday, November 27, 2014). (Principal Planner Fabre)
The subject parcels are vacant and undeveloped. The subject land parcels are remnants of a historic
(circa 1920s) residential subdivision that was never developed. In 2006, the surrounding property was
re- platted as "Ocoee Pines" and annexed into the City of Ocoee. The subject parcels were not included
as part of the Ocoee Pines annexation completed in 2006 because of lack of ownership at that time.
The subject two (2) parcels are now owned by the Ocoee of Ocoee through eminent domain. The
parcels are planned to be incorporated into the Ocoee Pines PUD with the stipulation to be used (right -
of -way, recreation, public facility, et. al.) for a public purpose.
a. Annexation Ordinance
b. Rezoning Ordinance to PUD
18. Ocoee Pines — Substantial Amendment to PUD Land Use Plan. (Advertised in the
West Orange Times on Thursda) November 20, 2014). (Principal Planner Fabre)
The Ocoee Pines PUD property includes approximately 101 acres of land and is generally located
northwest of Clarcona -Ocoee Road and southeast of Forest Lake Golf Course. The property is
currently vacant, wooded and undeveloped. The property was originally a remnant of a historic (circa
1920s) residential subdivision (West Orange Park) that was never developed. Basically, the site is a
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redevelopment of this historic platted subdivision. It was determined that the historic plat could have
potentially been vested for 352 residential units.
On July 17, 2007, the Ocoee Pines PUD was officially approved by the City Commission with a
mixture of single - family residence (SFR) and a Townhome (TH) component. On November 4, 2008,
the Final Subdivision Plan (FSP) was approved by the City Commission for a maximum of (189 SFR +
154 TH) 343 dwelling units. The site is partially cleared but never finished due to the previous
owner /developer defaulting on the FSP project. Currently, Orange County has completed the major
roadway realignment improvements for Clarcona -Ocoee Road which now runs through the subject
site. The Land Use Plan originally indicated townhomes on the northeast portion of the PUD; however,
due to the current market conditions, the applicant has modified the plan to include only single- family
as the primary residential use. As a result, the overall density has been reduced (62 units less) to a total
of 281 SFR.
a. Amendment to PUD Land Use Plan Ordinance
b. First Amendment to Development Agreement (Not a Public Hearing)
19. Homes In Partnership — 2` Street. (Advertised in the West Orange Times on Thursday,
November 20, 2014, and Thursday, November 27, 2014). (City Planner Rumer)
The subject properties are located on the west side of 2nd Street and approximately 250 feet north of
the intersection of Nay Avenue and 2nd Street. The subject property is located within the Ocoee -
Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the
JPA Agreement. City staff is concurrently requesting rezoning of the property to R -1 (Single - Family
Dwelling). Orange County has been notified of this petition in accordance with Section 171.044(6) FS
and Subsection 13 -A of the City of Ocoee - Orange County Joint Planning Area Agreement.
a. Annexation Ordinance
b. Rezoning Ordinance
20. Homes In Partnership — 2 nd Street and Whittier Avenue Annexation Ordinance.
(Advertised in the West Orange Times on Thursday, November 20, 2014, and Thursday, November 27,
2014). (City Planner Rumer)
The subject properties are located on the west side of 2nd Street and east side of Whittier Avenue,
approximately 150 feet north of Silver Star Road. The subject property is located within the Ocoee -
Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the
JPA Agreement.
21. Comprehensive Plan Amendment Ordinance — Capital Improvements Element
Update. (Advertised in the West Orange Times on Thursday, November 20, 2014). (City Planner
Rumer)
The Capital Improvement Element (CIE) of the City of Ocoee Comprehensive Plan is a requirement of
Chapter 163, Florida Statutes (FS) and enables implementation of the Plan goals, objectives, and
policies needing capital funding for a 5 -20 year planning horizon. Each year, the table section of the
CIE will be updated to ensure that the adopted list of capital projects in the CIE matches the City's
newly adopted fiscal year budget and approved five year Capital Improvements Program (CIP). The
CIE does not propose any new projects not previously reviewed and approved by the Commission.
The Florida Legislature enacted legislation allowing adoption of the annual amendment to the CIE to
be accomplished with a single public adoption hearing. Additionally, State Statute no longer requires a
copy of the Ordinance to be transmitted to the Florida Department of Economic Opportunity (FKA:
Department of Community Affairs "DCA "). Therefore, adoption of this Ordinance is final in its form
and content.
I. PUBLIC HEARINGS
22. Award of RFP #14 -004 Exclusive Commercial and Multi- Family Solid Waste
Franchise. (Advertised in the Orlando Sentinel on October 30' November 6`" November 13' and
November 20, 2014). (Purchasing Agent Tolbert)
The RFP was advertised on August 10, 2014, and was publicly opened on September 24, 2014. There
were a total of eight (8) proposals received. The Finance and Public Works Departments reviewed the
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proposals and all were considered responsive. The public RFP evaluation committee meeting was held
on October 15, 2014, with the Evaluation Committee evaluating and short- listing the firms on specific
evaluation criteria. After discussion and vote, the Evaluation Committee short- listed the following
three (3) firms in ranked order, and recommends awarding the franchise to the top ranked firm,
Progressive Waste Solutions of Florida Inc. with the second ranked firm, Advanced Disposal Services
Solid Waste Southeast Inc. as an alternate should franchise negotiations fail with Progressive
23. Approval of Resolution for Inspired Living Assisted Living Facility and Memory
Care Project Financing. (Advertised in the Orlando Sentinel on Tuesday, November 18, 2014).
(City Attorney Cookson)
In the summer of 2013 Windermere Senior Living, LLC ( "WSL ") processed an application with the
City for the construction of a senior living facility on the north side of Roberson Road just east of the
Roberson Rd. /Windermere Rd. intersection. This senior living facility had an affiliation with the NFL
Players Association. WSL originally sought the assistance of the City in obtaining conduit financing
pursuant to the Florida Industrial Development Financing Act. Under this arrangement, the City would
have issued bonds as a loan to WSL for the acquisition of the property and the development of the
facility. The City and WSL could not agree on terms for the issuance of the bonds through the City.
WSL subsequently secured a different financing source, Capital Trust Agency ( "Capital Trust "), to
issue the bonds for the project. Despite the replacement financing source, WSL failed to move forward
with project.
With WSL no longer pursuing the original project, a new applicant, Senior Care Living V, LLC (the
"Applicant ") desires to move forward with a similar project on a site near the original WSL project
site. The Applicant intends to construct a senior living facility which will contain approximately, 121
assisted living units accommodating 151 beds, including a 3 -story building containing approximately
105,000 square feet and related facilities, fixtures, furnishings and equipment, to be located at 1060
Tomyn Boulevard near the western entrance to the Brookstone subdivision.
The Applicant's project will also be financed by the issuance of revenue bonds issued by Capital Trust.
As with the WSL project, the Applicant's project and financing requires that the City hold a TEFRA
hearing and adopt a TEFRA Resolution. Adoption of the TEFRA Resolution does not bind the City
with regard to issuance of City bonds or any City commitment for financing and does not obligate the
City to approve the project. However, adoption of the TEFRA Resolution does allow the Applicant to
obtain an allocation of the statewide private activity bond volume cap for the financing. The actual
issuance of the bonds through Capital Trust will come at a later date, should the Applicant and Capital
Trust decide to proceed with the project.
REGULAR AGENDA
24. Code Enforcement Reduction of Two Fines /Liens for U.S. Bank National
Association Trustee re: 710 Crystal Drive. (Assistant Director of Support
Services Gaines)
The property located at 710 Crystal Drive has two separate fines /liens from separate code enforcement
actions; they are being presented as a single agenda item so the property owner can be provided a
single solution.
Case 12 -102:
The property was cited on June 18, 2012, by Officer Theresa Rodriguez for miscellaneous junk and
debris and an unsafe dirty swimming pool. On August 28, 2012, the Code Enforcement Board issued
an order to comply by September 12, 2012, or be fined $100.00 per day per violation and allow the city
to abate the property if it was not in compliance by the ordered date. On September 25, 2012, the Code
Enforcement Board imposed the accruing fine and lien for non - compliance of 115 -3 and 115-6. On
November 13, 2012, the property was documented as in compliance via city contracted abatement,
thus stopping the accruing fine with a total due of $12,825.00. The new property owner, U.S. Bank
National Association Trustee, obtained the property through foreclosure on July 29, 2014. The
property is now being maintained.
Case 13 -152:
The property was cited on October 10, 2013, by Officer Edward Loeffler for wide -open unsecured
access to a partially buried above - ground swimming pool with unsanitary green water and tall weeds
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and grass. On November 26, 2013, the Code Enforcement Board issued an order to comply by
December 10, 2013, or be fined $75.00 per day per violation and to allow the city to initiate abatement,
if it so chooses, if not in compliance with the Board's orders. On January 28, 2014, the Code
Enforcement Board imposed the accruing fine and lien for non - compliance. The property was found to
be in compliance on April 25, 2014, stopping the accruing fine with a total due of $30,375.00. We
understand that this lien was filed after the Lis Pendens and before the Certificate of Title. The new
property owner, U.S. Bank National Association Trustee, brought the property into compliance.
A representative of U.S. Bank National Association Trustee, the new property owner, appeared before
the Code Enforcement Board on October 28, 2014, and requested a reduction of the fine /lien amount of
$12,825.00 for Case No. 12 -102 and $30,375.00 for Case No. 13 -152, which totals $43,200.00.
25. Approval of Resolution Authorizing Execution of CAF Agreements and a Right
of Entry Agreement for Welcome Signs. (CRA Administrator Wagner)
In order to finalize permits with the Florida Department of Transportation to place Ocoee welcome
signs in State rights -of -way, legal agreements must be executed to specify the conditions under which
the signs are to be placed and constructed. These are standardized agreements which place all liability
on the City for fabrication, installation and maintenance of the structures.
26. Proposed Costs for Lighting Trees along Starke Lake and Lakeshore Drive.
(Parks and Recreation Director Hayes)
The City Commission requested city staff to provide an estimated cost to install lights in the trees that
are located along Starke Lake. Public Works and Parks and Recreation staff have looked at the site to
review electrical needs and additional requirements to light the desired trees. There are 21 trees located
in the area that is identified for tree lighting along the lake; these include 17 Bald Cyprus, 3 Oaks, and
1 Weeping Willow. These trees vary in height, ranging from 18' to 40'.
The City will need to provide electrical power to each tree which will require a new electrical service
at a cost of $2,000, and install conduit and wire at an estimated cost of $ 23,000. The cost for the small,
warm white, LED lights for the trees would range between $20,000 to $25,000. It is estimated it would
take approximately 3 weeks for city staff to install the lights and there would be an additional cost of
$5,000 for an aerial lift for city crews to work from. The total cost to provide and install the lights for
these trees is estimated between $50,000 to $55,000. The Parks and Recreation Department does not
have funds included in the 2014 -15 budget for this expense, therefore additional funding would be
required.
27. Special Project Agreement with the State Department of Economic Opportunity
for the Joint Study of the State Road 429 Interchanges with the City of Winter
Garden. (Assistant City Manager Shadrix)
The Cities of Ocoee and Winter Garden are interested in the economic development potential of the SR
429 Corridor from approximately the Florida Turnpike on the South to Clarcona / Ocoee Road on the
North. This geography includes at least three key 429 interchange / intersection locations: Crown
Point Pkwy /West Road, 438 (Plant St and Franklin St), and at Route 50. In addition to the interchange
locations, the two Cities are particularly interested in their East -West linkage along Route 438 (Plant
Street / Franklin St) which run to through the historic commercial heart of the two communities.
The two Cities have formed a working group to collectively examine the potential of the area. To date,
the Cities have retained Angelou Economics to assess the market potential of the West Orange and 429
Corridor Specific areas, with the eventual goal of identifying and activating specific linkages between
target industries and potential sites. This work has yielded insight regarding the competitive position
of the area, key target industries as well as complimentary uses which may be attracted in support, and
some of the site characteristics or needs necessary to attracting investment.
The City of Ocoee applied for and received a special projects grant from the Florida Department of
Economic Opportunity as part of this year's approved state budget. This grant was applied for to
conduct this very important joint study of the State Road 429 interchanges with the City of Winter
Garden. The execution of this agreement will allow the City of Ocoee to be reimbursed for the cost of
this study in the amount of $100,000, and it will be billed out as each deliverable identified in the
scope of services is completed.
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28. Discussion of an Unsolicited Offer from Red Apple Development, Inc. to
Purchase City -owned Property at the Intersection of AD Mims Road and Clarke
Road for $1.8 Million. Support Services Director Butler)
The City acquired 12 acres of land (Parcel No. 09- 22 -28- 0000- 00 -05) from the Silvestri Investment
Group of Florida, Inc. on December 29, 2006, at a cost of $3.5 million for the purpose of constructing
a new Police Department headquarters building. The City subsequently purchased and remodeled the
former State Farm claims office in the southern part of the city for this use; the former Silvestri
property remains undeveloped. The outstanding mortgage amount is approximately $2.6 million.
The subject property is bordered on the south by railroad right of way, which is adjacent to AD Mims
Road, to the north and east by the Prairie Lake Reserve Subdivision, and on the west by Clarke Road.
A portion of the eastern boundary is property dedicated to the public use and owned by the City. A
drawing showing the property and the proposed portions covered by the offer is provided on the next
page. The base map used in the drawing is taken from the Orange County Property Appraiser's online
mapping system.
Red Apple Development, Inc. has submitted an unsolicited offer to purchase approximately 9 acres of
the property for $1.8 million with a three -year right to purchase an additional 3 acres for $600,000.
The offer represents an average price of $200,000 per acre. Under this offer, if fully implemented, the
city would retain only the strip along Clarke Road, immediately to the west of the 2 acre parcel
remaining under the ownership of Silvestri Investments of Florida, Inc. The offer is contingent upon
receipt of all necessary approvals for construction of a K -8 charter school on the site. A deposit of
$25,000 would be paid upon execution of a sales agreement. The buyer would have 90 days for
property inspection, during which time the buyer may cancel the transaction for any reason, with the
deposit fully refunded.
K. STAFF ACTION ITEMS
L. 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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