04-04-17 Minutes MINUTES
APRIL 4,2017 at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER- 7:15 PM
Mayor Johnson called the regular session to order at 7:15 p.m. in the Commission Chambers of
City Hall. The invocation was led by Commissioner Keller followed by the Pledge of
Allegiance to the Flag, led by Commissioner Firstner. City Clerk Sibbitt called roll and
declared a quorum present.
Present: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner
Firstner, Commissioner Keller
B. PRESENTATIONS AND PROCLAMATIONS - 7:16 PM
Proclamation for Arbor Day—April 28,2017
Mayor Johnson read the Proclamation, which was accepted by Parks and Recreation Director
Jeff Hayes, and Parks and Recreation Board Members Robert McKey, Ivan Maranan and
Jacqueline Koontz.
Presentation of Check to BASE Camp from the Ocoee Professional Firefighter's Local 3623 Union
Fire Lt. Fred Bowman shared that on December 3rd they held their 8th Annual BASE Camp
Charity Golf Tournament and Engineer Trey Littlefield did a great job with helping raise more
money than they had ever done before. They were able to raise over $12,000 for the BASE
Camp Foundation. BASE Camp Representative Cindy Whittaker explained their organization
is a local children's cancer and other life-threatening hematological illnesses foundation, which
helps many children in the community and has been for over 35 years. The organization does a
lot of wonderful things such as hot lunch deliveries to the hospitals for the families and overnight
camp night for the children. They serve not only the children who are patients, but their brothers
and sisters too. She further explained that for the last eight years the Ocoee Professional
Firefighters have done a lot for them and have been a great supporter of their organization. Fire
Lt. Bowman briefly shared that all the funds they collect do stay local in the Central Florida
area.
Ocoee Special Economic Enhancement District (S.E.E.D.) Brownfield Update
City Planner Rumer gave a brief PowerPoint explaining Brownfield Overlays and advised that
staff will be proposing this Special Economic Enhancement District (S.E.E.D.) in the near future.
A handout was provided showing the map of the proposed district (Districts 2 and 3) as well as a
FAQ on Brownfield Area. The City has a consultant to give the S.E.E.D presentation and staff
is requesting permission to have that presentation in May. Staff is ready to move forward and
notices will be sent out to those residents within the boundary of the Brownfield Overlay so they
may attend that meeting. City Planner Rumer's presentation covered the following, with
regards to Brownfields:
• Program Benefits—ex. waiving of transportation fees
• Area incentives
• 509 Parcels are located within the proposed Brownfield Overlay— asking approval from
Commission to send out notices to those affected so they can meet with residents and
provide a presentation.
• Surrounding cities that also have Brownfields include Winter Garden and Apopka.
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Commissioner Wilsen commented that there is a relatively small section of District 2 that will
be affected; however, she feels there will be a lot of concerns especially since they are already
dealing with the redevelopment of downtown. City Planner Rumer shared that a professional
consultant as well as staff will meet with residents to explain the process and listen to their
concerns before moving forward. Staff is looking to have three different public meetings with
residents so they feel educated and have their concerns addressed. Commissioner Wilsen shared
that she feels it would be advisable to have a solo meeting versus having the residents come
before a Commission Meeting. City Planner Rumer shared that staff has also talked about
doing a Downtown Masterplan meeting with the residents; however, Assistant City Manager
Shadrix commented that it will be separate from the Brownfield meeting as they do not want
any confusion. Assistant City Manager Shadrix shared that this Brownfield Overlay is
something they really need to do as a City if they want to move forward with redevelopment of
the downtown. He shared with Commissioner Wilsen that they can set up a meeting separate
from the public hearings before the Commission. After a brief discussion, consensus of
the Commission was to have staff proceed with the S.E.E.D. process.
C. COMMENTS FROM CITIZENS/PUBLIC - 7:39 PM
Eli Salhab, 2524 Dovetail Drive, shared that he is going on two years with his 4The Kids
Entertainment business. He explained that last year he had his first Annual Community
Appreciation Picnic and is hoping to have the park fees waived for his Second Annual Event
which he would like to host at the Prairie Lake Park. He explained this is a free event to the
community as he provides all the entertainment. Commissioner Keller inquired how many
people they are expecting for this event as this is a small park, and how is he advertising for this
event. Mr. Salhab explained he will be handing out event flyers at a local ice cream shop. He
further shared his involvement with the youth in the community and explained the activities they
had for the children at last year's appreciation event. Further discussion ensued on the concern of
the size of the event and if the Prairie Lake Park could handle a large group. Parks and
Recreation Director Hayes explained the capacity limit they encourage for the pavilion and
advised the fee for the rental of the pavilion is $75.00. Further discussion ensued regarding
obtaining a special event permit and providing liability insurance. Mr. Salhab explained he will
comply with the process, but wanted to be sure he could get the fees waived first. Further
discussion ensued.
Motion: Move to approve the waiving of fees for 4The Kids Entertainment for use
of the Prairie Lake Park for their event on May 6th.
Moved by Commissioner Keller, seconded by Commissioner Firstner; Motion
carried 5-0.
D. STAFF REPORTS AND AGENDA REVIEW- 7:54 PM
City Manager Frank shared that before them on the dais is the complete Resolution for Item
#2.
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E. COMMISSIONERS ANNOUNCEMENTS - 7:54 PM
Commissioner Keller—None
Commissioner Firstner—None
Commissioner Wilsen — Thanked everyone involved with their 12th Annual Spring Fling and
making it a successful event.
Commissioner Grogan — Thanked the Wounded Officer Initiative for their 3rd Annual Gala
event which they held on Thursday night at the Ocoee Lakeshore Center. Everyone from the
Commission was invited and had a great time.
Mayor Johnson — 1) Announced that the Code Enforcement Board currently has three (3)
vacancies: one (1) Regular member position and two (2) alternate member positions. The board
is hoping to get at least one (1) applicant from District 3 as there is currently no representation
from that district. If interested in being appointed to the Code Enforcement Board, please go to
the City's website to download the application for submittal. 2) The City of Ocoee will hold
its Annual Easter Eggstravaganza Event on Saturday, April 15th from l0am-12pm, at the Jim
Beech Recreation Center. It is a fun-filled morning with exciting activities such as the Easter Egg
hunt for children ages infant through 12 years of age, bounce houses, face painting, food,
refreshments and pictures with the Easter bunny. The egg hunt will begin at 10:30 am. 3) The
Charter Review Commission meets the 3rd Wednesday of every month at 6:30pm here in City
Hall. The next scheduled meeting is Wednesday, April 19th. Please note: The Board has
changed the start time for all future meetings from 7 pm to 6:30 pm.
F. CONSENT AGENDA- 7:57 PM
Consent Agenda Motion
Motion: Move to approve the Consent Agenda Items #1 - #8.
Moved by Commissioner Keller, seconded by Commissioner Wilsen; Motion
carried 5-0.
1. Approval of the Minutes for the Regular Commission Meeting held March 21, 2017.
(City Clerk Sibbitt)
Approved on Consent. Motion carried 5-0.
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2. Approval of Resolution to Extend the Temporary Moratorium on Development
Orders, Development Permits, and Building Permits for Properties Located in the
City's Special Overlay Areas until August 1, 2017, Unless Earlier Terminated or
Extended by Action of the City Commission. (City Planner Rumer)
The City has established Special Overlay Areas in its Land Development Code (Code) for the purpose of
facilitating unique development activities in areas where there is a need for coordination among landowners in
the development of the area. So that City staff could evaluate the current Special Overlay Area standards and
recommend amendments to the Code if necessary, on November 1, 2016, the City Commission approved
Ordinance No. 2016-015 to establish a moratorium on the processing and consideration of applications for
development orders, development permits, and building permits for exterior modifications and new
construction of properties located within the Special Overlay Areas. The moratorium applied to the following
uses or intended uses: pharmaceutical dispensaries, fast food and other drive-through restaurant
establishments, check cashing stores, self-storage facilities, vehicle and tire service, sales, repair facilities, and
discount retail stores. The moratorium will expire on March 31, 2017, and the City wishes to extend the
moratorium period described in Ordinance No. 2016-015 until August 1, 2017, unless earlier terminated or
extended by the City Commission.
Approved on Consent. Motion carried 5-0.
3. Approval of Certificate of Completion for McCormick Reserve Planned Unit
Development(PUD), Phases 1 and 2. (Development Engineer Womack)
a. Maintenance, Materials, and Workmanship Agreement with Letter of Credit for
Phase 2.
McCormick Reserve is a 134 lot single-family residential subdivision located on south of West McCormick
Road between the Brynmar Estates Subdivision and Clarke Road.McCormick Reserve has been constructed in
two phases—Phase One with 66 lots and Phase Two with 68 lots. The developer has completed construction of
the infrastructure improvements for the second phase of this subdivision minus the second lift of asphalt, and
has requested a Certificate of Completion. The infrastructure improvements include the water, sanitary sewer,
reuse utilities, stormwater collection system,and the extension of Clarke Road.All identified punchlist repairs
have been completed and the developer is ready to start the two-year warranty period.
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.T-3 Ocoee has provided the City with a Letter of Credit in the amount of 10%of the Phase Two
constructed improvements. The Maintenance, Materials, and Workmanship Escrow Agreement(Form 8 from
the Land Development Code)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 that two year period.
b. Maintenance, Materials, and Workmanship Agreement for Asphalt with Letter of
Credit for Phases 1 and 2.
Additionally, the developer has furnished the City with a separate Surety to cover the construction costs of
adding the second lift of asphalt to all of the public streets of the subdivision.This arrangement will ensure that
the final road surface is not worn or scarred during construction of the homes. The Maintenance, Materials,
and Workmanship Agreement for Asphalt acts as the executable document between the developer and the City
in the event the developer fails to provide the second lift of asphalt within two years of the issuance of the
Certificate of Completion or when 80%of the homes have received Certificates of Occupancy. The Surety will
be returned to the developer upon completion of the warranty period and the repair of any damages caused
over that period.
Approved on Consent. Motion carried 5-0.
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4. Approval of Certificate of Completion for Maintenance, Materials, and Workmanship
Escrow Agreement for The Oasis at Lake Bennet Apartments with The Oasis at Lake
Bennet, LLC. (Development Engineer Womack)
The Oasis at Lake Bennett is a 302 Unit apartment complex located on the southeast corner of South Bluford
Avenue and Maine Street.The developer has completed construction of the public infrastructure improvements
and has requested an acceptance for the public improvements in order to receive Certificates of Occupancies
for the various buildings. The public infrastructure improvements include the water, sanitary sewer, reuse
utilities, and improvements to Ocoee Town Center Boulevard. All identified punchlist repairs have been
completed, and the developer is ready to start the two-year warranty period for those items. 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.Oasis at
Lake Bennet, LLC has provided the City with a check in the amount of 10%of the constructed improvements.
The Maintenance, Materials, and Workmanship Escrow Agreement (Form 8 from the Land Development
Code) acts as the executable document between the developer and the City in the event that the Surety is
monetary. 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.
Approved on Consent. Motion carried 5-0.
5. Approval to Purchase New Spreaders (Jaws of Life) For the Fire Department's New
Engine Using Savings From Other Capital Items. (Fire Chief Miller)
The FY 2016/2017 budget provided $6,155.00 for the purchase of Spreaders, which are used to extricate
victims from being entrapped in their vehicle after an auto accident. The Fire Department would like to
purchase Spreaders from South Florida Emergency Vehicles(SFEV). SFEV is a sole distributor for this brand,
which is standardized extrication equipment on Ocoee apparatus.The attached quote totals$7,123.32,which is
over the budget by$968.32.
Approved on Consent. Motion carried 5-0.
6. Approval to Award 17-02 Asphalt Paving Projects for Fiscal Year 2017. (Purchasing
Agent Tolbert)
The City of Ocoee, Florida (City) solicited bids from qualified contractors to furnish labor, supervision,
materials, equipment, supplies and incidentals for the asphalt paving projects for Fiscal Year 2017, for the
milling and resurfacing of Wurst Road (from Peters Avenue to RxR Crossing East of Spring Lake Circle),
Delaware Street, 7th Street, and Lakewood Avenue (at the elementary and middle schools). The paving of
Wurst Road will begin upon the completion of the Downtown and West Sanitary Transmission (North of
Silver Star Phase)project that is currently under construction. The bid was publicly advertised on February 5,
2017,and opened on March 7,2017. There were a total of five(5)bids received ranging from$322,265.00 to
$539,561.50. 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 The Middlesex Corporation for $322,265.00 as the most responsive and responsible bidder, per the
attached recommendation from Steve Krug, Public Works Director. 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.
Approved on Consent. Motion carried 5-0.
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7. Approval of Resolution for the 3-Year Lease-Purchase Agreement with Branch
Banking and Trust Company (BB&T) for Eight (8) Police Vehicles included in the
Fiscal Year 16/17 Budget. (Purchasing Agent Tolbert)
The budget for Fiscal Year 16/17, includes the three (3) year lease-purchase of eight (8) replacement police
patrol vehicles. The City will be piggybacking the FL Sheriff's Contract#16-VEH14.0 and#16-VEL24.0 for
eight (8) 2017 Dodge Charger Police Rated Sedans at $29,989.00/each. The Finance Department obtained
interest rate quotes from BB&T (2.04%), Suntrust Bank (2.49%), and TD Bank (No Response). Staff
recommends that the City Commission authorize staff to piggyback the Florida Sheriffs Association's Vehicle
Contract #16-VEH14.0 and #16VEL24.0 for the eight (8) Dodge Chargers; and adopt the Resolution
approving fmancing terms with Branch Banking and Trust Company (BB&T), and authorize the Mayor, City
Clerk, and Staff to execute the Lease-Purchase Agreement Schedule No. 9909001665-00004 and related
documents for the amount of$239,912.00 at an interest rate of 2.04% for three (3) years with payments of
$20,556.76 per quarter,to close not later than April 14,2017.
Approved on Consent. Motion carried 5-0.
8. Approval to Award of RFQ #1702 Construction Manager at Risk for Bluford Avenue
Reconstruction. (Purchasing Agent Tolbert)
In compliance with the Consultants' Competitive Negotiations Act(CCNA), Florida Statutes Section 287.055,
et seq., and Florida Statutes Section 255.103, Construction Management or Program Management Entities, et
seq., and the policies and procedures of the City of Ocoee (City), the City solicited Statements of
Qualifications from qualified Construction Manager At Risk firms (CMR) to be responsible for constructing
utility, stormwater, and streetscape upgrades in the Bluford Avenue corridor from Delaware Street to Silver
Star Road(SR 438),as part of the Downtown Redevelopment.The Construction Manager At Risk firm(CMR)
will be responsible for construction administration, value engineering, and general contracting services
resulting in successful, timely and economic completion, thereby providing the best value possible for the
City's Bluford Avenue Reconstruction Project. The construction management entity must have the ability to
secure an appropriate surety bond pursuant to s. 255.05, and in conformance with City requirements,and must
hold construction subcontracts. Use of qualified subcontractors for specialty work is acceptable. To be
considered,the firm or individual shall be a licensed professional in accordance with Florida State law and be
familiar with all applicable State of Florida, St. Johns River Water Management District, Orange County and
City of Ocoee codes, regulations and laws. The RFQ was advertised on January 22, 2017, and was publicly
opened on February 21, 2017. There was one (1) response submitted. The Finance and Public Works
Departments reviewed the qualification statement of the firm and the qualification statement was considered
responsive. The response was evaluated by the RFQ Evaluation Committee appointed by the City Manager,
which was comprised of five(5)members.The public RFQ Evaluation Committee meeting was held on March
15,2017, for the purpose of evaluating the firm on specific evaluation criteria and interviewing key members
of the project team.The evaluation committee recommends contracting with Oelrich Construction,Inc.
Approved on Consent. Motion carried 5-0.
G. FIRST READING OF ORDINANCE—PUBLIC HEARING 7:58 PM
9. Evaluation Appraisal Report (EAR) based Comprehensive Plan Amendments.
(Advertised in the West Orange Times on Thursday, March 23, 2017. Date of Second Reading Contingent on
Approval of DEO.) (City Planner Rumer)
Under State law, every jurisdiction in the State of Florida must evaluate how well it has performed at meeting
the goals,objectives,and policies of the Comprehensive Plan. The City must also determine what changes are
needed in the plan to reflect the community's vision for the future. The result of this evaluation process is an
official report known as the Evaluation and Appraisal Report(EAR). The purpose of the EAR is to review the
adopted Comprehensive Plan to determine how well the City is meeting State mandated planning
requirements, implementing the Goals, Objectives, and Policies as set forth in the Comprehensive Plan, and
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addressing major growth management issues within the City. Various tools are then proposed to address the
issues raised by the community and public officials. The outcome of the EAR Process is to:
• Evaluate the effectiveness of the City's current adopted Comprehensive Plan in achieving the City's
established Goals,Objectives and Policies;
• Create a composite set of critical issues regarding growth management that the City will evaluate during an
update and amendment to its Comprehensive Plan;and
• Identify alternatives/potential tools that the City will evaluate with regard to each of those issues.
The EAR adopted by the City of Ocoee includes a major issues list that was approved by the Florida
Department of Community Affairs on May 29,2009.The proposed revisions to the Comprehensive Plan based
on the recommendations brought forth in the adopted EAR. The Major Issues identified include Community
Character and Design, Transportation Connectivity, Utility Infrastructure, Mixed Use Employment and
Commercial Centers,Neighborhood Revitalization/Housing and Conservation.
a. First Reading of Ordinance (Date of Second Reading Contingent upon Approval of DEO)
b. Transmittal Public Hearing—Large Scale Comprehensive Plan Amendment
City Planner Rumer introduced the City's consultant, Tara Salmieri of PlanActive Studio. He
further gave an overview of the EAR and the process for adoption. He announced that this report
was last seen by the City Commission back in September of 2010, where it was subsequently
adopted by Resolution. Since 2010, updating the EAR was put on hold due to the economic
downturn and only amendments required by law were updated. The item before them is an
ordinance with an exhibit which includes the language that will be amending the Comprehensive
Plan. The following elements within the Comprehensive Plan will be evaluated:
• Future Land Use Element
• Transportation Element
• Housing Element
• Open Space Element
• Parks and Recreation Element
• Government Relations
• Conservation Element
City Planner Rumer explained the next steps of the EAR Based Amendments process will be as
follows:
• City Commission approves transmittal of the Ordinance to the DEO
• Reviewed by appropriate state and regional agencies
• Receive Objections, Revisions and Comment Report(ORC) from DEO
• Answer ORC or Adopt Ordinance
• Comprehensive Plan update to the 2020 Plan.
Staff recommends that the Honorable Mayor and City Commissioners approve the Large-Scale
Comprehensive Plan Amendments for transmittal to the Department of Economic Opportunity
(DEO).
City Attorney Cookson read the title of the Ordinance.
The Public hearing was opened.
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R.P. Monacky, 1820 Prairie Lake Boulevard, asked for clarification on the Comprehensive Plan
Amendments as he did not understand it. City Planner Rumer explained.
The public hearing was closed.
Motion: Move for transmittal of Ordinance No. 2017-013 and the proposed
Comprehensive Plan Amendments to the Department of Economic Opportunity
and other reviewing agencies, if applicable, for review and comment. This
ordinance includes amendments to the Future Land Use Element, Transportation
Element, Housing Element, Conservation Element, and Intergovernmental
Coordination Element and is based on the recommendations set forth in the
Evaluation and Appraisal Report; Moved by Commissioner Grogan, seconded by
Commissioner Wilsen; Motion carried 5-0.
Mayor Johnson announced that the second reading and public hearing date is to be determined
contingent upon approval of the Department of Economic Opportunity (DEO).
H. REGULAR AGENDA - None
I. STAFF ACTION ITEMS - None
J. COMMENTS FROM COMMISSIONERS - 8:08 PM
Commissioner Grogan — Announced that in July the City will be hosting the Small Cities
Conference which Mayor Johnson is the Chair of this Committee. He further shared that he
would like to make a motion to have $10,000. from the Contingency Fund put aside for this
event. They will be receiving donations for this three-day event so money will be going back into
the City's account. Mayor Johnson shared that Commissioner Wilsen is president of the Tri-
County League of Cities and would like a representative from that Committee present to explain
how their system works. Commissioner Wilsen said she thought they had already budgeted
money for this event. It was answered that they did; however, they did not believe it was enough.
Motion: Move to approve $10,000 from the Contingency Fund to be placed aside
for the Small Cities Conference.
Moved by Commissioner Grogan, seconded by Commissioner Keller; Motion
carried 5-0.
Commissioner Wilsen — 1) Reminded everyone that there is a children's Coloring Contest for
the Easter Eggstravaganza Event. For information please contact City staff at the Jim Beech
Center. 2) Announced that the Tri-County League of Cities will be hosting their Ethics Class
which is a requirement for Elected Officials. This class is being held on May 18th from 1-5 pm.
Brief discussion ensued on legislative changes that are being proposed that will affect them.
3) Shared that the roads which are being constructed behind City Center (Maine Street and
Blackwood Avenue) needs to be named correctly before residents move to that area and it
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becomes an issue. City Manager Frank said that is something staff can look into and bring back
recommendations.
Commissioner Firstner —Announced that the Ocoee Fire Department is going to host an Open
House at Fire Station 25 on Saturday, April 29th from 10 am - 2 pm. This event will include free
food, hurricane preparedness handouts, as well as station and equipment tours.
Commissioner Keller — Shared that he has an upcoming meeting with a Home Owner's
Association and he was asked about the street lights that were approved at the last budget to be
installed at Johio Shores Road. He inquired where in the process is staff with the installation.
City Manager Frank said he will get with staff and provide an answer.
Mayor Johnson — 1) Shared that a resident contacted him regarding Maine Street being blocked
off and not being able to access their property. He further asked the City Manager to please have
staff contact the contractor. 2) Shared that the Wounded Officer Initiative Gala was a great event
and he was advised that because of the increase in attendance that they will not be able to host it
at the Ocoee Lakeshore Center next year, as the facility is not big enough. He further commented
it is because of great events like these that the City is looking to enlarge the venue.
ADJOURNMENT - 8:20 PM
APPROVED:
Attest: City of Ocoee
liczji474
Melanie Sibbitt,City Clerk Rusty John- i 14141 ayor
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