HomeMy WebLinkAbout10-20-2020 AgendaOCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
OCTOBER 20, 2020 AGENDA 6:15 P.M.
Due to COVID-19 City Hall is closed to the public which is subject to change based on the
Governor's Executive Order. All interested parties are invited to be heard during the public
comments and public hearing portion of the meeting. This meeting is broadcasted live on
Spectrum Channe1493 with a live stream at www.Ocoee.org/197/Ocoee-TV. Any interested
party is invited to offer comments and/or questions by emailing citizens(rr7,ocoee.org or calling
407-554-7118 or by registering in advance by emailing citizens(&,ocoee.org or calling 407-
905-3105 and City staff will call you during the live meeting.
REGULAR CITY COMMISSION MEETING
CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
PRESENTATIONS AND PROCLAMATIONS
Proclamations for November 2020 (Mayor Johnson)
➢ Week of the Family — November 7-14
➢ Julius 'July' Perry Memorial Highway Designation
Presentation of Scholarship Check to OVC 2020 Graduating Members by Commissioner
Oliver
STAFF REPORTS AND AGENDA REVIEW
COMMISSIONERS ANNOUNCEMENTS
PUBLIC COMMENTS
THE PUBLIC IS ALLOWED TO COMMENT ON ANY ITEMS THAT ARE ON THE AGENDA BUT NOT PART OF A PUBLIC HEARING. PUBLIC IWARING COMMENTS ARE TO BE
HEARD DURING THAT PORTION OF THE MEETING. ANY COMMENTS YOU WOULD LIRE TO MARE 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 INSIBUCT THE CITY CLERK
10 REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY.
1. Approval of the Minutes for the Special Session and Final Budget Public Hearing held
September 23, 2020, and the Regular City Commission Meeting held October 6, 2020.
(City Cleric Sibbitt)
2. Approval of New Appointment to the Citizen Advisory Council for Ocoee Police
Department. (City Clerk Sibbitt)
Members of the Citizen Advisory Council for Ocoee Police Department serve a three-year term. The
Resolution creating the Board allows no more than fifteen (15) members. Currently, the Board has thirteen
(13) members. An application was received by Gregory Meeks who has shown an interest in being appointed
to the Citizen Advisory Council for Ocoee Police Department for a term ending January 2023.
3. Approval of the First Amendment to the Contractual Agreement with Ocoee Youth
Council (OYC) Coordinator Dillard. (City Clerk Sibbitt)
On November 5, 2019, the City Commission approved the Contractual Agreement between the City of Ocoee
and OYC Coordinator Dorcas Dillard. This agreement expired on September 30, 2020, and has been amended
to extend the agreement for a one (1) year term with automatic one (1) year renewals until terminated by either
party. Currently, Dorcas Dillard receives $800.00 per month as the coordinator for the Ocoee Youth Council.
Regular City Commission
October 20, 2020
4. Approval to Move an Alternate Member to a Regular Member Seat on the Code
Enforcement Board. (City Cleric Sibbitt)
The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this Board
is to review infiactions of the City technical Codes negotiate compliance and impose fines for failure to comply.
The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members with a three-
year teen, Currently, the Board has six (6) regular members and one (1) alternate member. Member Darrell
Lomneck resigned from the board leaving one (1) vacant regular member seat. Alternate Member Christopher
Shropa has indicated he is interested in moving into a regular member seat on the board.
5. Approval of the Arden Park Phase 5 Subdivision Plat. (Development Services Director
Rumer)
The subject property is located imediately east of Ingram Road between the Ingram Trails Subdivision and the
Brynmar Subdivision. The property is identified as parcel number 04-22-28-0000-00-001. The total area of the
plat amounts to approximately 53.22 acres. This plat is required in order to create the 89 lots for the residential
subdivision, associated street right-of-way and tracts for open space, recreation, and retention facilities. In total,
Phase 5 of the Arden Park Subdivision will take up approximately 53.22 acres. The Arden Park Phase 5
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 Preliminary / Final
Subdivision Plans for Arden Park North Phase 5. The Developer, Lennar Homes, LLC has provided the City
with a Letter of Credit in the amount of $2,775,685.72.
6. Approval to Award ITB #20-011 W. Oakland Avenue and N. Cumberland Avenue
Reconstruction Phase 1 and Lakewood Avenue and E. Oakland Avenue
Reconstruction. (Purchasing Manager Tolbert)
The City of Ocoee, Florida (City) solicited bids from qualified contractors for furnishing, delivering, and
installing all materials, equipment, incidentals, and services, including all labor for the work to construct the
W. Oakland Ave. and N. Cumberland Ave. Reconstruction Phase 1 and Lakewood Ave. and E. Oakland Ave,
Reconstruction Project, The project is primarily a roadway and drainage improvements project with upgrades
for storrawater treatment using in -line current standards new second generation baffle box and strainers to
capture pollution prior to discharging directly into Starke Lake. The project is also located in the Wekiva River
Basin area. The W. Oakland Ave and N, Cumberland Ave Reconstruction— Phase 1 Project primarily consists
of the installation of the stormwater system on the north side of W. Oakland Ave and on Cumberland Ave. The
N. Lakewood Ave. and E. Oakland Ave. Reconstruction Project is a complete reconstruction of the right-of-
ways of the aforementioned streets. The bid was publicly advertised on August 23, 2020, and opened on
September 29, 2020. A total of six (6) bids received ranging from $1,256,146.69 to $1,944,098.28. Staff
recommends awarding the bid to Central Florida Environmental Corp. for $1,256,146.69 as the most responsive
and responsible bidder.
7. Approval to Purchase Four Police Vehicles. (Police Chief Brown)
The City of Ocoee Police Department desires to purchase four (4) 2021 model patrol vehicles for a cost of
$172,229 funded from police impact fees. These vehicles were approved by Commission for FY 20/21.
Utilizing existing impact funds, the vehicles will be purchased using the current Florida Sheriffs Association
Purchasing Contract pricing from Duval Ford, Delivery is included in the price quote.
FIRST READING OF ORDINANCE
SECOND READING OF ORDINANCE — PUBLIC HEARING
8. Second Reading of Ordinance Amending the City of Ocoee Municipal General
Employees' Retirement Trust Fund Reflecting Changes for Compliance with Setting
Every Community Up Retirement Enhancement (SECURE) Act. (Advertised to the West
orange Times or7 Thursday, October• 8, 2020.) (Municipal Pension Board Chair Cowan)
At their meeting held on August 5, 2020, the General Employees' Retirement Board reviewed and approved the
proposed ordinance which deals primarily with the Setting Every Community Up Retirement Enhancement
(SECURE) Act, signed into law on December 20, 2019 and amended the definition of "Required Beginning
Date" under Section 401 (a)(9) for compliance with the Internal Revenue Code. Contained in Section 401(a)(9)
of the Internal Revenue Code, the required Minimum Distribution rules limit the tax deferral of retirement
benefits by requiring qualified plans pay benefits to the participants, and the participants begin to pay taxes on
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Regular City Commission
October 20, 2020
those benefits by a certain age. The SECURE Act amended Section 401 (a)((9) by raising the age at which
benefits must commence to 72 or at the age the participant retires whichever is later. The change is effective to
participants who reach the age of 70 '/2 on or after January 1, 2020. None of these changes are anticipated to
have any financial impact to the city.
9. Second Reading of Ordinance Amending the City of Ocoee Police Officers' and
Firefighters' Retirement Trust Fund Reflecting Changes for Compliance with Setting
Every Community Up Retirement Enhancement (SECURE) Act. (Advertised in the West
Orange Times on Thwsd(ol October 8, 2020.) (Police & Fire Pension Board Chair Brown)
At their meeting held on August 5, 2020, the Police & Firefighters' Retirement Board reviewed and approved
the proposed ordinance which deals primarily with the Setting Every Community Up Retirement Enhancement
(SECURE) Act, signed into law on December 20, 2019 and amended the definition of "Required Beginning
Date" under Section 401 (a)(9) for compliance with the Internal Revenue Code. Contained in Section 401(a)(9)
of the Internal Revenue Code, the required Minimum Distribution rules limit the tax deferral of retirement
benefits by requiring qualified plans pay benefits to the participants, and the participants begin to pay taxes on
those benefits by a certain age. The SECURE Act amended Section 401 (a)((9) by raising the age at which
benefits must continence to 72 or at the age the participant retires whichever is later. The change is effective to
participants who reach the age of 70 '/z on or after January 1, 2020. None of these changes are anticipated to
have any financial impact to the city.
PUBLIC HEARING
10. Sale of 17.96 Acres of City -Owned Property Located at the Northeast Corner of Fullers
Cross and Ocoee Apopka Road by GPK Investments, Inc. (Advertised in the West Orange
Times on Thvrsdcol October 8, 2020) (Assistant City Manager Shadrix)
On August 4, 2020, the City Commission directed staff to proceed with preparation of a contract for the sale of
17.96 acres of City -owned property located at the northeast corner of Fullers Cross and Ocoee -Apopka Road
(the "Agreement"). This direction followed a presentation by staff and the City Attorney of the results of the
City's Request for Proposals solicited for this Property. GPK Investments proposed the highest sales price via
assignment from Centerline Properties. On October 6, 2020, the City Cormnission approved the Contract of
Sale for purchase of the property, which has now been executed by all patties. In accordance with Section C-8
(B) (2) of the City Charter, when any proposal for the disposition of real property owned by the City, either by
sale or by lease for a term exceeding five (5) years, shall receive a majority vote of the members of the City
Commission and the fair market value of the real property concerned exceeds one hundred thousand dollars
($100,000.), such action shall not be effective unless it has been acted upon by the City Commission after a
public hearing preceded by at least seven (7) days' notice of the hearing and the proposed action by publication
in the manner set forth above.
REGULAR AGENDA
11. Approval of Project Budget and Exhibit A — Amendment to the Design -Build
Agreement with Wharton -Smith for Construction of the New City Hall. (Acting
Utilities Director Croteau)
For the approximately 46,000 square feet, three-story structure, Wharton -Smith has provided a Guaranteed
Maximum Price (GMP) of $17,255,537. The GMP includes a 5% fee, $821,692, for Wharton -Smith and a 3%,
$478,656, in Design -Builder Contingency. The Contingency can be used by Wharton -Smith to cover items
such as subcontractor defaults, cost overruns not covered by allowances, and scope gaps between
subcontractors. It cannot be used for the removal and replacement of any deficient work. The use of the
contingency requires verification and agreement by the City. It also requires that any savings incurred during
subcontractor buyouts go into the Design -Builder Contingency. If at the end of the contract there is money left
in the Design -Builder Contingency, then Wharton -Smith would be entitled to 25% of the Contingency amount,
The remaining amount would be returned to the City. Along with the GMP, the total project budget of
$21,993,942, includes a 7.5% project contingency ($1.53 mil), 15% for furniture fixtures and equipment ($2.6
mil), and 3.5% miscellaneous amount that covers a variety of items needed to complete the building such as
testing services, permitting, consultants, attorneys' fees, etc. The City and Wharton -Smith will be following
the guidelines for the Owner's Direct Purchase Program, which should provide the City with approximately
$150,000 in sales tax savings.
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Regular City Commission
October 20, 2020
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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