HomeMy WebLinkAbout08-06-2019 Agenda OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee,Florida
AUGUST 6, 2019 AGENDA 6:15 P.M.
REGULAR CITY COMMISSION MEETING
LCALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
PRESENTATIONS AND PROCLAMATIONS
Proclamation—Healthy Community Champions (Mayor Johnson)
STAFF REPORTS AND AGENDA REVIEW
COMMISSIONERS ANNOUNCEMENTS
CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE ACTED
UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS
DESIRED BY A MEMBER OF THE COMMISSION,IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK
TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY.
1. Approval of the Minutes for the Regular City Commission Meeting held July 16,2019.
(City Clerk Sibbitt)
2. Approval of the Holiday Schedule for 2020. (City Clerk Sibbitt)
Section 8.01 of the Personnel Rules and Regulations(attached)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.
Approved Holidays Dates As Approved 2020 Recommendation
New Year's Day January 1 (Wednesday) Wednesday, January 1
Martin Luther King, Jr. Third Monday in January Monday, January 20
Day
Memorial Day Last Monday in May Monday, May 25
Independence Day July 4 (Saturday) Friday, July 3
Labor Day First Monday in September Monday, September 7
Thanksgiving Day Fourth Thursday Thursday,November 26
Day After Thanksgiving Day after Fourth Thursday Friday,November 27
Day Before or After As determined by Commission Thursday, December 24
Christmas
Christmas December 25 Friday, December 25
Regular City Commission
August 6,2019
3. Approval to Award Clarke Road Median Landscape Refresh Project(SR50 to Matthew
Paris Blvd) to BrightView Landscape Services. (Deputy Development Services
Director/CRA Administrator Corless)
This project is intended to refresh the landscape of two medians north of SR 50 on Clarke Road. Landscape
enhancements are needed in the existing landscape medians due to poor plant health brought on by the age of
the plant materials and the harsh growing conditions within the median.The appearance of the medians detracts
from the overall aesthetics of the Fifty West Redevelopment District. Clarke Road medians further north of
Matthew Paris Blvd are not in the CRA.BrightView Landscape Services is currently under contract to provide
landscape maintenance;and,upon request,may provide a proposal to improve the City's landscape areas.The
City's Urban Designer/Landscape Architect prepared design documents directing the replacement of topsoil,
use of soil amendments,a detailed planting plan that includes plant materials,and specified the need to upgrade
irrigation to properly meet the new landscape design. BrightView Landscape Services prepared a proposal to
install the median landscape enhancements based on the City's design and installation documents.This request
meets the City's purchasing guidelines. This project was approved by the CRA on May 7,2019.The$95,986.00
needed is adequately funded in the CRA's Capital Budget.
4. Approval to Accept Proposal(s) from BrightView Landscape Services to Install
Sylvester Palms and Understory Plant Material Within the Bluford Avenue Right-of-
Way Between Orlando Avenue North and Oakland Avenue. (Deputy Development
Services Director/CRA Administrator Corless)
There are several places along Bluford Avenue that needs to have plants either replaced and/or removed. An
overview of the sites and the issues are as follows:
• Small Median north of Orlando Avenue by Fire Station 25 -One of the Sylvester Palms and the understory
plantings have degraded. The existing irrigation needs to be upgraded to achieve a proper watering balance
between the palms and groundcover. BrightView's $7,570 proposal includes the removal of the existing
understory plantings,updating of the irrigation to a hydro-zone system,and the installation of a new Sylvester
Palm and understory plantings.
• Palm at the SE Corner of Bluford Avenue and Magnolia Street—A Crape Myrtle was to be located within
the sidewalk planter; however, they were removed from the corridor. Public Works will be responsible for
removing the planter concrete as well as replace any concrete damaged due to its removal.Public Works will
also be responsible for installing the artificial mulch.BrightView's cost to do this work is$4,385.00.
• Replacement of the Palm north of McKey Street and south of Oakland Avenue—The Sylvester Palm located
just north of McKey Street and adjacent to the existing mulch parking lot has died.This palm was one of the
trees that were transplanted and is not under warranty. The new palm will be under warranty for a period of
one(1)year.BrightView's cost to complete this is$4,647.50.
The proposals have been reviewed and approved by the Deputy Director of Development Services and Urban
Designer/Landscape Architect. BrightView Landscape Services is currently under contract to provide
landscape maintenance and,upon request,may provide a proposal to improve the City's landscape areas.This
request meets the City's purchasing guidelines.
5. Approval of Amendment 1 to the Design-Build Services Agreement with Wharton-
Smith for the New Ocoee City Hall. (Assistant City Manager Shadrix)
The City Commission approved an Agreement with Wharton-Smith to provide Design-Build Services for the
new Ocoee City Hall. The agreement was approved on January 15, 2019. Wharton-Smith then began the
Preconstruction Services phase of the Agreement. Although conceptual designs were presented to the City,
none were felt to be consistent with the character of the City;nor did the designs or the space program fit with
the long-term expectations of Staff or the Commission. Staff met with the Design-Build Team in April to
discuss how to move forward. The discussion also included how to add the civil site design and development
to the contract. After much discussion,Wharton-Smith suggested a change to their team and addressed how to
incorporate the civil design and development under their responsibility and the Design-Build Agreement.
Wharton-Smith has presented the City with a proposal that covers the change in the design team,the inclusion
of the civil design, and geotechnical testing/evaluation. Staff and the City's Owner's Representative, ZHA,
have reviewed the proposed contract changes and are currently negotiating the Amendment changes and costs
with Wharton-Smith. To expediate the project staff is asking Commission to authorize the City Manager to
approve and execute both Amendment 1 and its corresponding Change Order. The Change Order will not
exceed$263,000 and will cover the additional civil design and geotechnical testing and investigation.
2IPage
Regular City Commission
August 6,2019
6. Approval of Inspiration Town Center and Luxury Townhomes Subdivision Plat.
(Development Engineer Womack)
The Inspiration Town Center and Luxury Townhomes Subdivision is located west of Maguire Road, south of
the Florida Turnpike and just north of the Heller Bros Groves property. The subject site is currently made up
of two parcels identified as parcel ID number 30-22-28-0000-00-017 and 30-22-28-0000-00-004,respectively.
The area of both parcels combined is approximately 16.93 acres in size.This plat is required in order to create
twenty-six (26) townhome lots, eight (8) future lots for townhome buildings, four (4) lots for commercial
buildings, associated right-of-ways for private streets and parking, and tracts for open space, stormwater
retention, and recreation. The plat also includes easements for emergency services, drainage, and public
utilities. The Inspiration Town Center and Luxury Townhomes Subdivision is platting prior to receiving a
Certificate of Completion; therefore, the developer is required to provide a Surety covering the outstanding
proposed improvements as approved in the Final Subdivision Plan for Inspiration Town Center and Luxury
Homes. The Developer, Yellow Rock Construction, Inc., has provided the City with a Letter of Credit in the
amount of$2,574,663.00.
7. Approval to Terminate Fire Station Alerting System Service Agreement with JSC
Systems, Inc., and Enter into a New Fire Station Alerting System Service Agreement
with US Digital Designs. (Fire Chief Miller)
The Ocoee Fire Department utilizes the Orange County Fire Rescue dispatching system and software.As such,
when Orange County adopted the Phoenix G2 Fire Station Alerting System, Ocoee adopted the same and
entered into a Fire Station Alerting System Service Agreement with JSC Systems,Inc.(JSC),the representative
selected by Orange County and supported by manufacturer US Digital Designs (USDD). On May 24,2019, a
Mutual Termination Agreement went into effect between USDD and JSC,effectively ending JSC's support of
Orange County's,and by extension Ocoee's,Phoenix G2 systems.JSC and USDD have also executed a Mutual
Termination Agreement ending JSC's relationship with Ocoee, freeing the Fire Department to seek system
support elsewhere. Representatives from USDD contacted the Fire Department to extend an offer to enter into
a new Service Agreement in the same capacity as JSC, which they have also agreed to with Orange County.
Based on the terms USDD has offered,the Annual Fee is slightly lower and the hourly rate for onsite services
is four dollars($4)less per hour than JSC's.
8. Approval to Reallocate Carried Forward Capital Funds to Purchase Bunker Gear.
(Fire Chief Miller)
The Ocoee Fire Department would like to move forward with the acquisition of new Globe structural
firefighting (bunker) gear. Firefighters will receive a new set of gear to be used as their frontline protective
equipment with their current gear becoming backup protective equipment.The backup gear will then be utilized
when their frontline gear is being decontaminated or sent out for repair.This purchase also includes the purchase
of bunker gear for two (2)new firefighters being hired before the end of the fiscal year for a total of sixteen
(16)sets of bunker gear for the purchase price of$40,992.
9. Approval of the Permit Inspection and Review Services Agreement between the City of
Ocoee and the Town of Windermere. (Fire Chief Miller)
The Interlocal Agreements between the City of Ocoee and the Town of Windermere for Fire Services and for
Permit Inspection and Review Services expire on September 30, 2019. Originally two separate agreements,
staff worked with the City Attorney to combine both agreements into one comprehensive document. The new
agreement is for three (3) years with the option to be extended. The agreement covers provision of fire
protection, fire suppression, emergency medical, emergency rescue, and fire investigation services, as well as
public service incident responses and permit inspection and review services.
10. Approval of Payment for the 2019 Founders' Day Festival Entertainment. (Parks and
Recreation Director Johnson)
The entertainment for the 2019 Founders'Day Festival will include the headline act of Justin Moore on Friday,
October 25,and Chris Young on Saturday,October 26.The cost of Justin Moore totals$125,000,and the cost
of Chris Young totals$225,000 both of which require approval from the City Commission in accordance with
the City of Ocoee Purchasing Rules and Regulations. Additional entertainers have also been retained, and
include: Lanco, Los Lonely Boys, The Cadillac Three, and Sam Riggs; the cost for each of these individual
entertainers falls under the dollar threshold for the City Manager to approve. Final payments for the
entertainment will be made the day of each respective entertainer's performance or as otherwise agreed.
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Regular City Commission
August 6,2019
11. Approval of a Mid-Year Purchase of Four (4) Vehicles. (Police Chief Brown)
In June 2019,the City Commission approved the Police Department to purchase three(3)marked police utility
vehicles at a cost of$40,000 each and one(1)community service aide utility vehicle at$32,000 with existing
police impact fees. A price increase in the vehicles was realized during the procurement process. This request
is being brought before the Commission for approval of the additional expenditure of$16,000 from police
impact fees.
12. Approval to Renew the School Resource Officer Agreement with Orange County Public
Schools (OCPS). (Police Chief Brown)
The Ocoee Police Depaitnent will provide a total of nine (9) officers and one(1) supervisor: five(5) School
Resource Officers to five(5)elementary schools,two (2) School Resource Officers to one(1)middle school,
and two(2)School Resource Officers to one(1)high school,all of which are located within the City of Ocoee.
An agreement between the City and the School Board of Orange County is required in order for the Police
Department to delineate officers' responsibilities and for the City to be reimbursed by the School Board of
Orange County for a portion of the officers'and a supervisor's salaries. This agreement is effective from July
1,2019 to June 30,2021. A similar agreement was previously reviewed by the City Attorney and approved by
the City Commission for 2018-2019; however, that agreement was for a one-year period. In addition, this
contract will provide for School Board of Orange County to pay for reimbursement of$49,000 for one (1)
supervisor and$49,000 per officer each of the 2019/2020 school year and$50,000 for one(1)supervisor and
$50,000 per officer each for the 2020/2021 school year.
13. Approval of RFQ #1702 Construction Manager At Risk for Bluford Avenue Phase II,
Sub-Phase B, with Oelrich Construction Funding Allocation. (Public Works Director
Krug)
The City Commission awarded the Construction Manager At Risk (CMR) contract for the Bluford Avenue
Phase II project from Delaware St.to Silver Star Rd.at the April 4,2017 meeting to Oelrich Construction,Inc.,
(OCI), then the Pre-construction and Design Services phase at the May 2, 2017 meeting, followed by the
Guaranteed Maximum Price (GMP) for Sub-phase A and B on June 6, 2017 and September 19, 2017,
respectively. The Utilities Department portion of the project has been previously closed out with a deductive
change order for a reduced scope of work. The Public Works portion of the project requires allocated funding
be assigned to the project in order to close out the Stormwater and Streetscape portions of the completed project.
Public Works is requesting funding for the remaining two pay applications and final change order in the amount
of$75,275.55 for Stormwater and $116,751.96 for Streetscape. Public Works recommends approval of the
allocation as the funding is available in the respective capital expense account lines.
14. Approval of the Annual Fire Protection Assessment Tax Roll Resolution and
Certification to Non-Ad Valorem Assessment Tax Roll for Fiscal Year 2019/2020.
(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 approval of Ordinance 2016-
013, as codified in Chapter 77 of the City Code of Ordinances, modified the requirements of the 2013
Ordinance, including deleting the requirement for a Preliminary Rate Resolution, adding a definition of an
Applied Assessment Rate, and changing the annual adoption procedure of the 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.
15. Approval to Accept the Proposal from Mac4 Ventures LLC with Top Gun Cheer
Development to Construct Sanitary Sewer and Reclaimed Water Utilities for Phase I
of the South Bluford Sewer Service Area. (Utilities Director Smith)
The City has the opportunity, working with Mac4 Ventures, LLC, (Top Gun Cheer development), to provide
central sewer to the South Bluford Sewer Service Area (SBSSA). On March 19, 2019, City Commission
consented to undertake the SBSSA effort with an initial Phase I and authorized Top Gun's Engineer,Barrios
Engineering LLC(BE),to perform the design and permitting needed for Phase I.To complete Phase I,staff is
recommending the construction work be undertaken by Top Gun's contractor,Keator Construction,where the
City will reimburse Top Gun for a portion of the off-site construction cost for the sanitary improvements.Top
Gun's sewer reimbursement, $330,059.07, is based on the total off-site construction cost minus the cost Top
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Regular City Commission
August 6,2019
Gun would have incurred, $52,445.80, to have connected directly to 16-inch force main in Columbus Street.
Staff will be preparing and seeking commission approval for a fair share partnering program for any future
development of adjacent parcels. Also included in Top Gun's reimbursement work will be the portion of the
reclaimed water main adjacent to the Top Gun's parcel as proposed in the Downtown—Hidden Oak Reclaimed
Project.The reclaimed water project,schedule for construction in fiscal year 2019/2020,will convey reclaimed
water from Richmond Ave/Maine St to the already installed main in Bluford Ave north of Delaware Street that
will serve the downtown area.Top Gun's reclaimed water reimbursement is in the amount of$112,867.96.
PUBLIC HEARING
16. Public Hearing to Adopt the Annual Code Enforcement Abatement Special Assessment
Resolution and Certification of Non-Ad Valorem Assessment Tax Roll for Abatement
Costs Recovery for Fiscal Year 2019/2020. (Advertised in the West Orange Times on Thursday,
July 25, 2019.) (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
any property within that geographic boundary where the City of Ocoee has incurred costs related to abating
nuisances and other code violations and the City has not been reimbursed for such abatements. City
Commission Resolution 2017-003 requires the City Commission to annually adopt a resolution certifying a
non-ad valorem assessment tax roll to recover the unpaid costs of code enforcement abatements following a
public hearing to be held on the issue prior to September 15 of each year.There are presently 31 properties that
will be assessed to recover the cost of abatements performed by the City. The owner(s) of each of these
properties was notified by first class mail of the non-ad valorem assessment to be levied against the property
and of the scheduled public hearing at which the City Commission would consider the issue. The form and
content of these notifications conformed to the requirements described in Section 197.3632,Florida Statutes.
FIRST READING OF ORDINANCE - None
SECOND READING OF ORDINANCE—PUBLIC HEARING
17. Second Reading of Ordinance for CLRM Planned Unit Development (PUD)
Annexation and Large Scale Comprehensive Plan Amendment; Project No(s): AX-09-
18-77& CPA-2018-008. (Advertised in the West Orange Times on Thursday,July 25,2019 and Thursday,
August 1, 2019.) (City Planner Rumer)
The first reading of this item was held on April 16, 2019. The subject properties are+/-212.3 acres of which
193.22 acres are proposed to be annexed. The existing zoning is "Orange County" Agriculture (A-1)with an
"Orange County"Rural Settlement 1/5 Land Use designation.This site is located south of W.Mccormick Road
and west of N. Apopka Vineland Road and is located outside the Joint Planning Area(JPA)between Orange
County and the City of Ocoee.Currently on this site are two(2)single-family dwellings built in 1935 and 1975
and two (2)warehouses built in 1939; and furthermore,the parcels also contain an aircraft landing strip. This
project is proposing an annexation into the City of Ocoee of 193.22 acres, transmittal of the Large Scale
Comprehensive Plan Amendment from"Orange County"Rural Settlement 1/5 to"City of Ocoee"Low Density
Residential.The site is located within Orange County's utility service area and is proposing to connect to public
utilities for water and sewer. The proposed project will access Mccormick Road via two (2) entrance points.
The project will have to mitigate for the extra capacity of Elementary Schools students and Middle School
students. The proposed amendments were sent to DEO, State, and surrounding agencies per the statutory
Expedited Review process.The expedited review from DEO came back with no objections,recommendations,
or conditions.Also,no comments were received from other State or surrounding agencies.
a) Second Reading of Annexation Ordinance
b) Second Reading of Ordinance for Large Scale Comprehensive Plan Amendment
SIPage
Regular City Commission
August 6,2019
REGULAR AGENDA
18. Appointment of One Member to the Planning and Zoning Commission in Accordance
with Ordinance No. 2018-021. (City Clerk Sibbitt)
Ordinance No. 2018-021 states: The Planning and Zoning Commission shall consist of five (5) members
appointed by the City Commission, and one member appointed by the School Board of Orange County as a
non-voting member.No member shall be an employee of the City of Ocoee and all members,except the member
appointed by the School Board of Orange County, shall be a resident of the City of Ocoee. In the event of a
resignation or removal of a board member,subsequent vacancies on the Planning and Zoning Commission shall
be filled by a majority vote of the City Commission from the candidates nominated by the Mayor and City
Commissioners. The Mayor and each member of the City Commission may nominate up to two(2)nominees
each.The highest-ranked nominee will be considered to fill the vacancy. On May 2,2019,Planning&Zoning
Commission Member Marc Bernstein resigned from the board. On July 16, 2019, the City Commission was
briefed by the Mayor to provide their nominations to the Office of the City Clerk by July 26, 2019, for
consideration to be appointed to the Planning and Zoning Commission.
19. Ocoee Youth Council(OYC). (OYC Coordinator Dillard)
a) Approval of Resolution Amending Bylaws(Exhibit"A") of Resolution No.2019-003
b)Approval for Appointment of Initial Members
c) Approval to Attend the Youth Council Program with Transportation Provided by the City
Article II, Section C-8.0 of the Charter of the City of Ocoee, Florida,provides that the City of Ocoee has the
power to create boards, commissions, and committees to advise and assist the City in carrying out municipal
functions.At the Regular City Commission Meeting held on January 15,2019,the City Commission approved
Resolution No. 2019-002 establishing the Ocoee Youth Council(OYC). The resolution adopted was to create
and establish the composition of the OYC.On February 5,2019,the City Commission adopted Resolution No.
2019-003 amending Resolution No.2019-002 by repealing conflicts;and adopting bylaws and operational rules
and procedures identified as Exhibit A.
a) The bylaws for the OYC adopted by Resolution No. 2019-003 state the membership of the OYC shall
consist of no less than nine(9)and no more than fifteen(15)members.Dorcas Dillard,OYC Coordinator,
is requesting approval of an amendment to "Exhibit A" of Resolution No. 2019-003 to remove the
minimum requirement of membership.
b) The bylaws state the initial members of the OYC shall be appointed by the City Commission after
considering recommendations from the OYC coordinator. Following the creation of the Youth Council,
applications for the OYC were accepted and reviewed by Ms.Dillard.A total of ten(10)applications were
received;however,Ms.Dillard is only recommending six(6)applicants for the initial appointment as these
applicants provided all required student materials before the deadline.
c) Florida League of Cities is hosting a Youth Council Program on Saturday, August 17th from 8:30 AM—
4:30 PM during the 93rd Annual Conference of the Florida League of Cities,at the Orlando World Center
Marriott.Registration for attendance is$75 per participant and includes breakfast and lunch.The deadline
for registration was August 2nd; however, Florida League of Cities has extended the deadline for
registration for the Ocoee Youth Council as Ms. Dillard advised them the City Commission was in the
process of establishing the board.If the OYC is established,it is being requested to allow funding of up to
$600 for registration of the conference as well as up to$300 for purchase of board shirts with the City logo
for the members to wear to the conference. Additionally, Ms. Dillard is requesting, if possible,
transportation to the conference by the Parks and Recreation Department City-owned bus.
STAFF ACTION ITEMS
COMMENTS FROM CITIZENS/PUBLIC
COMMENTS FROM COMMISSIONERS
ADJOURNMENT
PLEASE NOTE:IN ACCORDANCE WITH FLORIDA STATUTES 286.0105:ANY PERSON WHO DESIRES TO APPEAL ANY DECISION AT
THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
ALSO,IN ACCORDANCE WITH FLORIDA STATUTE 286.26:PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE
IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE CITY CLERK,150 N.LAKESHORE DRIVE,OCOEE,FL 34761,
(407)905-3105 48 HOURS IN ADVANCE OF THE MEETING.
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