HomeMy WebLinkAbout01-03-17 Agenda OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee,Florida
JANUARY 3,2017
6:45 P.M. Christmas Parade Trophies Presentation—Ocoee Lions Club
7:15 P.M. AGENDA
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
B. PRESENTATIONS AND PROCLAMATIONS
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 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 Commission Meeting held December
6,2016. (City Clerk Sibbitt)
2. Approval of Contract with Central Florida Strategies for Economic
Development and Legislative Affairs Consulting Services. (Assistant City
Manager Shadrix)
Economic conditions, the State Road 429 Study, and the Downtown Master Plan all contributed to a
renewed interest in economic development by the City Commission in 2016. At the time, the City
Commission sought an individual or firm to assist in promoting economic development in the City
and promoting the City in regional, state and national venues. Responsibilities desired included
recruitment of quality employers and businesses to the City through various contacts with trade
industries and associations including: National Association of Industrial Office Parks, Greater
Orlando Builder's Association,International Council of Shopping Centers,and Urban Land Institute.
The City Commission also desired that the economic development consultant would endeavor to
expand the City's tax base through the pursuit of strategic annexations and attraction of high-end
development to the City, as well as serving as an advocate for City projects. In addition, this
consultant would direct resources toward securing grant funds at the regional, state and federal level
for capital projects. The City Commission ultimately decided to hire Central Florida Strategies
(Angel de la Portilla)to fulfill this role on a contract basis during the last several months of the year.
Staff has worked closely with Mr. de la Portilla during this time and has experienced great success in
several project areas, such as the City's Community Redevelopment Area (CRA), the West Oaks
Mall, and multiple other projects. City staff recommends that the City Commission waive the
purchasing code requirements and authorize the City Manager to execute the scope of services with
Central Florida Strategies for a one-year contract for$60,000 with automatic annual renewal for three
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January 3,2017
3. Approval of Terminating the 1987 Stipulation and Settlement Agreement
between Orange County and the City of Ocoee Relating to Sawmill Subdivision.
(City Planner Rumer)
In 1987,Orange County filed an action against the City of Ocoee with respect to various development
issues relating to the Sawmill Subdivision ("Sawmill"). The litigation resulted in a Stipulation and
Settlement Agreement ("Settlement Agreement") between the parties, which was accepted by the
Court on August 7, 1987. This Settlement Agreement prohibited the City from allowing a portion of
Sawmill to develop at a level more intense than"one dwelling unit per acre." Over the years,the City
and County have agreed to amend the Settlement Agreement on two occasions to allow more intense
development on certain lots in Sawmill. Recently, the City received and reviewed a Lot Split Plan
Approval Application for Lot 17 of Sawmill Phase 1. Since Lot 17 is limited to one dwelling unit per
acre, pursuant to the Settlement Agreement, City staff began working with Orange County staff to
prepare an amendment to the Settlement Agreement. Upon review of the historical data and the
proposed amendment relating to Lot 17, City and County staff agreed that the Settlement Agreement
is no longer necessary.
4. Approval of the Reimbursement Resolution for FY 2017 General Fund and
Stormwater Expenditures/Downtown Ocoee Infrastructure. (Chief Accountant
Briggs)
Expediting General (2017 Bonds) and Stormwater (2017 Note) funded Downtown/Bluford
infrastructure projects can be achieved with approval of a Reimbursement Resolution. The Resolution
allows the City to temporarily fund initial progress payments on related capital projects from existing
cash resources in anticipation of receiving the Series 2017 Bond, and Stormwater 2017 Note
proceeds. Once the additional funding is received, any interim expenditure amounts would be
reimbursed to their original sources and charged to the Bond/Note Funds restricted cash account.
5. Approval of Donation from the West Orange Seniors Association to Expand the
Audio Visual System at the Tom Ison Senior and Veterans Center. (Parks and
Recreation Director Hayes)
Since 2008 the West Orange Seniors Association(WOSA)has been conducting a variety of programs
and activities for its 300+ members at the Tom Ison Senior and Veterans Center on Adair Street,
which includes line dancing, chair exercise classes, dominos, Tai Chi classes, crafts, choir, movies,
luncheons and bingo. In 2012, the City completed improvements at the Center under a Federal grant
to assist the West Orange Seniors Association with the offering of these programs. Since that time,
participation in the programs offered through the WOSA has continued to increase; and as a result of
this, the WOSA have expressed an interest in expanding the audio visual system at the center to
provide improved visual aspects for some of the programming. The WOSA is requesting an
additional ceiling mounted projector and motorized screen be installed to meet the needs of its
participants. The City has obtained a proposal from the contractor who installed the original system
at the Center. This proposal is to install an additional screen and projector to the existing audio visual
system at a cost of$6,750.15.The WOSA has agreed to donate funds to the City totaling$6,750.15 to
pay for the installation of this system.
6. Approval to Award RFQ #1701 Continuing Contract for Surveying and
Mapping Services to Southeastern Surveying and Mapping Corp., Amec Foster
Wheeler Environment & Infrastructure, Inc., and Barnes, Ferland and
Associates, Inc. (Purchasing Agent Tolbert)
The City's continuing contracts for surveying and mapping services have expired. In compliance with
the Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055 and
Chapter 21 of the City's Code of Ordinances, the City solicited statements of qualifications from
qualified professional surveying and mapping firms or individuals that are interested in providing
general surveying and mapping services for various planning, design, development review, and
construction phase projects. The firms selected by the City will provide professional surveying and
mapping services to the City on an as-needed basis based upon task orders to be issued by the City
under the continuing contract. The City intends to award continuing contracts to the top three (3)
firms deemed to be the most highly qualified to perform the required services. The continuing
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contracts shall automatically be renewed annually, unless terminated by the City in writing,for a total
of five (5) years from the date of execution, plus a one (1) year optional renewal at the City's
discretion. The RFQ was advertised on October 30,2016, and was publicly opened on November 22,
2016. There were eight (8) responses submitted. The Finance Department and Support Services
Department reviewed the qualification statements and all were considered responsive. The eight (8)
responses were evaluated by the RFQ Evaluation Committee. The public RFQ Evaluation Committee
meeting was held on December 13, 2016,with the Evaluation Committee evaluating and short-listing
the firms on specific evaluation criteria. Staff recommends that the City Commission award RFQ
#1701 Continuing Contract for Surveying and Mapping Services to Southeastern Surveying and
Mapping Corp., Amec Foster Wheeler Environment & Infrastructure, Inc., and Barnes, Ferland and
Associates, Inc. As budgeted each fiscal year; there was approximately $11,000 expended for
surveying and mapping services last fiscal year.
7. Approval to Award RFP #17-001 Solar Farms to ESA Renewables LLC in the
Amount of$165,000. (Purchasing Agent Tolbert)
In compliance with Chapter 21 of the City's Code of Ordinances, the City solicited proposals from
qualified and licensed Contractors that have experience in providing the necessary services for the
installation of two turnkey Solar Farms with an option to supply additional farms within the next two
years. The Contractor's efforts shall include all design,permitting, and training and post-construction
maintenance support for two years, for the implementation of two City-owned and maintained Solar
Farms. In addition, the Contractor's effort shall include all work and coordination with Duke Energy
to assure a monthly power credit is obtained for the Solar Farms; and provide limited coordination
assistance to assist City Staff's effort to seek outside funding such as from the state, federal
government, and/or other funding agency. The RFP was advertised on September 25, 2016 and was
publicly opened on October 25, 2016. The pre-proposal conference and site visits were held on
October 11, 2016. There were four (4) responses submitted. The Finance and Utilities Departments
reviewed the proposals and all were considered responsive. The four(4)responses were evaluated by
the RFP Evaluation Committee. The first public RFP Evaluation Committee meeting was held on
November 15,2016, with the Evaluation Committee evaluating and short-listing the firms on specific
evaluation criteria. The second public RFP Evaluation Committee meeting was held on December 1,
2016, for the purpose of interviewing the top two ranked firms. Staff recommends that the City
Commission award RFP #17-001 Solar Farms project to ESA Renewables, LLC in the amount of
$165,000 for two solar farms with the option to purchase additional budgeted solar farms within the
next two years.
8. Approval to Award Bid #B17-01 White Road Roadway & Drainage
Improvements Project to Stage Door II, Inc., in the Amount of $405,960.00.
(Purchasing Agent Tolbert)
The City of Ocoee, Florida (City) solicited bids from qualified contractors to furnish labor,
supervision, materials, equipment, supplies and incidentals to construct the White Road Roadway &
Drainage Improvements Project. The White Road Stormwater Retrofit Project primarily consists of
the installation of an exfiltration trench system with required pipe connections for subsurface storage
and treatment. The project location is at the White Road intersection of the White Hill and Cambridge
Subdivisions. Pipe diameters, including 15-inch and 18-inch, will be required to drain and minimize
the flooding at the subject intersection. In addition, the project includes removal of existing asphalt
areas, construction of a landscape island on White Road, and 3-inch milling and resurfacing along
White Road. The bid was publicly advertised on October 23, 2016, and opened on December 14,
2016. A pre-bid conference was held on November 16, 2016. There was a total of Seven (7) bids
received ranging from $405,960.00 to $620,635.01. The Public Works and Finance Departments
reviewed the bids received and all were considered responsive. Staff recommends awarding the bid
to Stage Door II, Inc., for $405,960.00 as the most responsive and responsible bidder. All bids are
available in the Finance Department for review.
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9. Approval of 2016 / 2017 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. Public Works recommends approval to purchase the vehicles below from the Florida
Sheriffs Association annual contract based on the 2016/2017 published pricing.
The following vehicles and equipment are incorporated in the approved budget for purchase:
• (1)Ford F-150 4x4 Ext.Cab$23,918.00(Building—New)
• (1)Ford F-250 SD 4x2$22,172.00(Parks—Replacement)
• (1)Ford F-150 4x4 Short Bed$23,169.00(Utilities Admin—Replacement)
• (1)Ford Escape 4x4$22,553.00(Utilities Admin—New)
• (1)Caterpillar 416 Loader/Backhoe$92,224(Utilities—New)
10. Approval of Proposed Inter-Governmental Agreement with the U.S.
Department of Homeland Security for Cyber-Security Services. (Support
Services Director Butler)
The City is a member of the Multi-State Information Sharing and Analysis Center(MS-ISAC),which
is funded by the U.S. Department of Homeland Security. The City is also involved in other programs
involving the U.S. Secret Service and the Federal Bureau of Investigation in addition to local and
regional organizations involved in cyber-terrorism, both foreign and domestic. These various
programs inter-operate with our own internal controls and devices, in addition to those of the
companies that provide telecommunications services to the city, such as CenturyLink and Spectrum
(flea Bright House Networks)to protect the City from damaging attacks. The city will need to become
a member of the Protected Critical Information Infrastructure (PCII) Program prior to executing the
agreement. Due to the nature of these investigations, the methods and results affiliated with PCII are
protected from public disclosure. Many of the communications and technical documents provided by
MS-ISAC and other cyber security organizations are also subject to federal security laws and may not
be disclosed. Portions of the proposed agreement have been redacted in compliance with these
requirements.
11. Approval of Proposed Lease of City-Owned Property at 15 South Kissimmee
Avenue to DG Doughnuts for a Term of One Year with a Lease Rate of $650
per month. (Support Services Director Butler)
The City acquired the property located at 15 South Kissimmee Avenue as part of a larger purchase
that also included the adjacent parcel located to the west. This acquisition was a strategic purchase
for future use, and it is presently used only for storage of City documents and files. The construction
of a roundabout at the adjacent intersection of McKey Street, Kissimmee Avenue, and Taylor Street,
which is expected to start in 12-15 months, may impact the building due to the required realignment
of Kissimmee Avenue to the west. DG Doughnuts, a local start-up bakery and retail business, has
approached the City about renting the northern building and parking lot located on the northern half
of the 15 South Kissimmee Avenue parcel. A proposed 12-month lease at a monthly rent of$650
plus$42.25 sales tax(total of$692.25)has been drafted by the City Attorney.
12. Approval of Proposed Lease of City Hall Annex Space to State Senator
Randolph Bracy for a Term of One Year (with renewals) at a Lease Rate of
$1,000 Per Month Plus Applicable Taxes ($1,065 Total Rent). (Support
Services Director Butler)
The City provided space to former-State Representative,now State Senator, Randolph Bracy over the
last several years and has been asked to continue this arrangement. It is proposed that he continue to
use the same space in the City Hall Annex. An agreement for a 12-month lease at a monthly rent of
$1,000.00 plus $65.00 sales tax (total of$1,065.00) has been drafted by staff and reviewed by the
City Attorney. This lease continues the same terms and conditions as the previous one except to
explicitly include sales tax as a direct payable.
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As the newly elected State Senator from District 13, Senator Bracy has an additional staff person to
accommodate in the district office compared to when he was a State Representative. Discussions as
to how this need for increased office space may be accommodated are ongoing. Additional space, as
available,may be provided near the current location.
13. Approval of Proposed Lease of City Hall Annex Space to State Representative
Kamia Brown for a Term of One Year and a Lease Rate of$1,000 Per Month
Plus Applicable Taxes ($1,065 Total Rent). (Support Services Director Butler)
The City provided space to former-State Representative, now State Senator, Randolph Bracy and has
been asked to do the same for his successor, State Representative Kamia Brown, who represents
House District 45. Suitable space is available in the City Hall Annex to do so. A proposed 12-month
lease at a monthly rent of$1,000.00 plus $65.00 sales tax (total of$1,065.00) has been drafted by
staff and reviewed by the City Attorney.
14. Approval of Purchase of Lift Station #63 Emergency Power Generator and
Automatic Transfer Switch, and Associated Placement as Part of the
"Downtown Sewer & Western Transmission Main Project." (Utilities Director
Smith)
The Downtown Sewer & Western Transmission Main Project includes a new sewer conveyance
system, which will collect flow from the west side of Ocoee including the south Maguire Road
corridor. The transmission project calls for the extension of a sanitary forcemain from the Ocoee
Wastewater Treatment Facility along Wurst Road, North Lakewood Avenue, Rewis Street, Bluford
Avenue, and Columbus Street, which will then tie into an existing forcemain located on Maguire
Road. Part of the project entails a new master lift station (#63), which will be constructed at the
intersection of Lakewood Avenue and Security Circle. Due to the volume of sewage to be pumped,
the station is required to be equipped with a backup power generator and automatic transfer switch.
Staff recommends the direct purchase of the generator and transfer switch utilizing the Florida
Sheriffs Association Cooperative Purchasing Program. Exercising this method yields cost savings
due to the program's buying power and exemption from paying state taxes. This will be the third
generator purchased through the Sheriffs program.
15. Approval of the Replacement of the Lift Station #2 Emergency Power
Generator. (Utilities Director Smith)
Impacts from Hurricane Matthew resulted in multiple electrical power outages throughout the Little
Spring Hill neighborhood,which also affected the City's Lift Station#2. The station is equipped with
an emergency genset(generator and motor), which failed to start upon loss of power requiring staff to
respond to the station due to extremely high wastewater levels. The 40-year-old genset, fueled by
propane, has reached the end of its service life with a planned replacement date of Fiscal Year 2018.
The continued successful operation of the genset is doubtful as parts for both the generator and motor
are difficult to procure. The Fleet Maintenance Division of the Public Works Department has
recommended expeditious replacement of the genset. Staff recommends the direct purchase of a
replacement 65 kW Tradewinds Power Corp Generator Set utilizing the Florida Sheriffs Association
Cooperative Purchasing Program. Exercising this method yields cost savings due to the program's
buying power and exemption from paying state taxes. This will be the fourth genset Utilities has
purchased through the Sheriffs program.
G. PUBLIC HEARING
16. Comprehensive Plan Amendment- Capital Improvements Element Update
Addition of the Fiscal Years 2016/2017 — 2020/2021 Capital Improvements
Program. (Advertised in the West Orange Times on Thursday, December 22, 2016). (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
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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.
H. FIRST READING OF ORDINANCE
17. First Reading of Ordinance for Innovation Montessori of Ocoee - Annexation
and Initial Rezoning to A-1 "Agriculture," Project No(s): AX-10-16-59/RZ-16-
10-05. (Second Reading and Public Hearing scheduled for January 17, 2017, Regular Commission
Meeting at 7:15 p.m. or soon thereafter). (City Planner Rumer)
The subject property is located on the west side of N Lakewood Ave, 575 feet south of Fullers Cross
Road and 1,555 feet north of Wurst Road. The subject parcel for the Innovation Montessori School is
located on 17.6 acres. The parcel is heavily wooded and contains five (5) acres of wetlands. The site
plan proposes to develop and mitigate a small section of isolated wetlands to facilitate the retention
pond. The site does contain some of the Wekiva Study Area environmental indicators such as "A"
soils on a portion of the site. Adherence to the Wekiva Study Area requirements is required. The
Applicant is requesting annexation of the subject site for connection to potable water and sewer. In
addition,the Applicant has requested a City of Ocoee zoning designation of A-1 (Agriculture), which
is consistent with the zoning of the properties to the north, east and west. If approved,the school will
consist of 800 students with four (4) buildings in two (2) phases. The Phase 1 building will be an
8,400 sq. ft. Pre-k and kindergarten with parking, master sormwater pond, and vehicular access.
Phase 2 will consist of a one story multi-function building, one story art building,two-story, 1st—8th
grade building for a combined total 52,000± sq. ft. Additionally, an outdoor classroom and
environmental playground will be provided. Stormwater retention will be located on the west side of
the property. Access to the site will be provided via two entrances on N. Lakewood Avenue. A left-
turn lane and right deceleration lane will be installed in Phase 2.
a) First Reading of Annexation Ordinance •
b)First Reading of Rezoning Ordinance
18. First Reading of Ordinance Establishing a Code Enforcement Special
Magistrate. (Second Reading and Public Hearing scheduled for January 17, 2017, Regular
Commission Meeting at 7:15 p.m. or soon thereafter). (City Attorney Cookson)
On October 25, 2016, the City of Ocoee Code Enforcement Board (CEB) considered an action
brought by Code Enforcement on property located at 1 Taylor Street. Following a CEB ruling fmding
a violation but allowing an unprecedented 22 months for the property owner to come into compliance
with the City Code, City staff began exploring options and alternatives to ensure more consistent and
reasonable code enforcement adjudication in the future. A previous memorandum to the City
Commission was circulated by the City Attorney on November 1, 2016, summarizing the matter and
offering some options that the City might consider with regard to future code enforcement
adjudication. Following a brief discussion at the November 1, 2016, City Commission meeting, the
Commission requested additional information on the City's options to support and encourage more
meaningful enforcement of the City's codes while maintaining the CEB. On December 6, 2016, the
City Commission discussed options relating to abolishing the CEB and/or establishing a Special
Magistrate for code enforcement matters. At the end of the discussion, the Commission voted to
retain the CEB to hear primarily residential violations and, in addition, to establish a Special
Magistrate to primarily hear matters relating to violations on properties zoned other than residential.
This proposed ordinance will allow the City to retain the CEB and also establish a Special Magistrate
for code enforcement matters. The proposed ordinance provides that the jurisdiction of the CEB and
Special Magistrate is nonexclusive; however, gives primary jurisdiction regarding violations relating
to residentially zoned properties to the CEB and primary jurisdiction regarding violations relating to
properties zoned other than residential to the Special Magistrate.
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I. SECOND READING OF ORDINANCE—PUBLIC HEARING
19. Second Reading of Ordinance for a Temporary Moratorium on Development
Relating to Medical Cannabis Activities. (Advertised in the West Orange Times on
Thursday, December 22, 2016.) (City Planner Rumer)
In the 2014 legislative session, the Florida Legislature passed CS/CS for Senate Bill 1030 allowing
for the compassionate use of low-THC and medical cannabis by qualifying patients. This bill, now
codified in Section 381.986, Florida Statues, allows for the establishment of approved dispensing
organizations around the state. At the general election on November 8,2016,Florida voters approved
a Constitutional Amendment to allow the use of marijuana for debilitating medical conditions.
Implementation of the Constitutional Amendment will increase the opportunities for the
establishment of dispensing organizations around the state.
Dispensing organizations are a new and unprecedented land use in the state of Florida. For this
reason, City staff has determined that the City's existing land development regulations must be
amended to address this type of use. For example, regulations relating to zoning location must be
created. In order to develop such regulations, City staff recommends a one-year moratorium be
established on the processing and consideration of applications for any City approval, including, but
not limited to, development orders, development permits, and building permits, relating to
establishment of medical cannabis activities,as this term is defined in the ordinance.
J. REGULAR AGENDA
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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