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11-05-2019 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida NOVEMBER 5, 2019 AGENDA 6:15 P.M. REGULAR CITY COMMISSION MEETING CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum PRESENTATIONS AND PROCLAMATIONS Award Presentations. (Assistant City Manager Shadrix)  Building Department Certification for Inspector Training & Plan Reviewer Training Program  ABC (Associated Builders and Contractors) Central Florida 2019 Excellence in Construction Eagle Award for Infrastructure $5 - $10 Million: Bluford Avenue Reconstruction 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 HEARING COMMENTS ARE TO BE HEARD DURING THAT PORTION OF THE MEETING. ANY COMMENTS YOU WOULD LIKE TO MAKE 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 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 October 15, 2019. (City Clerk Sibbitt) 2. Approval of Contract with the McKinnon Corporation for Economic Development and Transportation Consulting. (Assistant City Manager Shadrix) The City of Ocoee continues to realize savings through use of economic development consultants versus the traditional hire of an economic development director. Currently, the City uses Central Florida Strategies for employer recruitment, retail recruitment, and evaluation of incentive programs on a per project basis. With a potential sales tax currently up for construction, as well as implementation goals of the City’s long range transportation program, staff is recommending that the Commission authorize the hire of Scott Boyd with the McKinnon Corporation for economic development and regional and local transportation systems development. Mr. Boyd has extensive experience working with State and Local agencies to help make major roadway projects a reality. And given the current climate with the proposed Orange County Sales Tax, as well as major imminent growth within the City, it is important to begin laying groundwork to leverage City dollars with those of other agencies to begin putting these projects into place. The proposed contract is for 12 months at $3000 per month for a total of $36,000. With this contract, the City would still realize a savings over hiring an economic development director which typically would lack the resources and experience to make infrastructure projects work from a multi-agency standpoint. Regular City Commission November 5, 2019 3. Approval of Revised Scope of Work and Fee Proposal from GAI for the CEI Services for Medians on SR 50 for the FDOT Beautification Grant. (Deputy Development Services Director/CRA Administrator Corless) On June 18, 2019, the City approved a purchase order for GAI Community Solutions Group to provide construction engineering and inspection (CEI) services in the amount of $64,545 for the SR 50 Median Landscape project. Over the past few months, there have been changes to the project scope, including increased budget and schedule modifications. The project design has finally been released by the Florida Department of Transportation (FDOT) for construction. During the final review process, FDOT requested a change to the CEI man-hours. Based on this request, GAI has submitted a revised CEI scope of work and fee proposal. The revised CEI fee is $83,805.40. The SR 50 median landscaping project is scheduled to be advertised by the City on November 10, 2019 and opened on December 10, 2019. 4. Approval of the Sixth Amendment to the Development and Economic Incentive Agreement for City Center West Orange – Phase 1. (Development Services Director Rumer) On September 6, 2016, the City Commission approved and executed a Development and Economic Incentive Agreement for City Center West Orange Phase 1, by and between CCWO Development Management, LLC, WSCC Development, LLC, MB II, the City of Ocoee, and the Ocoee CRA, for the development of City Center West Orange. A Second Amendment to the Development and Economic Incentive Agreement was approved and executed on January 17, 2017. A Third Amendment to the Development and Economic Incentive Agreement was approved on December 19, 2017. A Fourth Amendment to the Development and Economic Incentive Agreement was approved on September 18, 2018. A Fifth Amendment was approved on March 19, 2019. This proposed Sixth Amendment is a final request from the Developer to meet deadlines associated with the Fourth and Fifth Amendments for compliance with Building Permit issuance and Certificate of Occupancy for the City Center Development. The Developer is requesting a final extension of one (1) year for each as financing for the Community Development District will be paid in full by February 2020. CCWO has provided a schedule that will consist of finishing the Building plans for Building A-J, construction of the lakefront road in November 2019. Construction will start in February 2020, for the completion of the road extension for the remaining unimproved Maine Street to Blackwood Avenue, and the Foundation work for Building A-J will start construction by February 2020. 5. Approval of Clinic Operations to Crowne Consulting Group, Inc. (Human Resources Director Williford) In 2007, the City executed a contract with Crowne Consulting Group to operate the City’s newly constructed employee clinic (revised/re-executed in 2010). In subsequent years, the Crowne Group merged with CareHere and the contracts were assigned as required to continue with their clinic operations. The City’s contract continues on a year-to-year basis. In 2018, CareHere and the Crowne Consulting Group separated into distinct entities, and their clinic operations were divided between the two companies. The City requested our clinic operations be assigned back to our original contractor (Crowne); however, CareHere did not honor our wishes and continued to serve as our clinic operator. Due to the expiration of a noncompete clause, the Crowne Consulting Group is now able to serve as our clinic operator once again. Since the bulk of the City’s experience in clinic operations has been handled in an exemplary manner by Crowne, staff is of the opinion that clinic operations should be moved to Crowne once again. In addition, Crowne has a contractual provision with CareHere whereby they can maintain the existing medical staff at the clinic. 6. Approval to Award RFP #19-009 Citywide Wrecker Towing Services. (Purchasing Agent Tolbert) The City’s current contract for wrecker towing services for public roads and City vehicles expires on November 30, 2019. In conformance with Chapter 21 (Purchasing Code) of the City Code of Ordinances, and in the best interest of the public and the City, the City solicited proposals from experienced Contractors to establish a multi-year contract with up to three contractors for City-wide Wrecker Towing Services. The RFP was advertised on August 11, 2019 and was publicly opened on September 18, 2019. There were a total of three (3) proposals submitted. The Finance and Police Departments reviewed the proposals and all were considered responsive. The three (3) responses were evaluated by the RFP Evaluation Committee. The Evaluation Committee conducted site/facility inspections and interviews with each Respondent on October 28, 2019. The RFP Evaluation Committee meeting was held on October 28, 2019 with the Evaluation Committee evaluating and short-listing the firms on specific evaluation criteria. The Evaluation Committee short-listed the following 2 | Page Regular City Commission November 5, 2019 firms in ranked order, and recommends contracting with the top two ranked firms, Car Store of West Orange and Sly’s Towing & Recovery, LLC per the award recommendation from the Deputy Chief of Police. 7. Approval to Award RFP #19-011 Emergency-Disaster Debris Monitoring Services Term Contract. (Purchasing Agent Tolbert) The City’s current contract for Emergency-Disaster Debris Monitoring services has expired. In compliance with State and Federal Regulations and Chapter 21 of the City’s Code of Ordinances, the City solicited proposals for pre-event emergency-disaster debris monitoring services from qualified firms to perform the required services. This pre-event contract is subject to the provisions of 2 C.F.R. Part 200 and the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The RFP describes and defines the services required for the execution of paper and electronic debris removal monitoring, including grant (reimbursement) management, for the City following a natural disaster. The RFP was advertised on August 18, 2019 and was publicly opened on September 17, 2019. There were three (3) responses received. The Finance and Public Works Departments reviewed the proposals and all were considered responsive. The public RFP Evaluation Committee meeting was held on October 16, 2019 with the Evaluation Committee evaluating and short-listing the firms on specific evaluation criteria. The evaluation committee short-listed the firms in ranked order, and recommends contracting with the top-ranked firm, Thompson Consulting Services, LLC; and with the second- ranked firm, True North Emergency Management as an alternate/secondary term contract. 8. Approval of a Settlement Agreement and General Release of Claims. (Police Chief Brown) The City of Ocoee Police Department seized $27,498 from Mr. Erick Budhram on September 2, 2019, pursuant to a felony arrest. After the initiation of forfeiture proceedings, Mr. Budhram’s attorney approached the City’s Attorney requesting the consideration of a Settlement Agreement and General Release of Claims. Pursuant to discussions between the legal counsels, an agreement was reached in which Mr. Budhram retains $9,498 and surrenders $18,000 to the City. Mr. Budhram has executed a Settlement Agreement and General Release of Claims. 9. Approval of RFQ #19-008 Construction Manager at Risk for Fullers Cross Road and Ocoee-Apopka Road Intersection Improvements, Preconstruction and Design Services Contract. (Public Works Director Krug) The Commission awarded the Construction Manager at Risk (CMR) contract for the Fullers Cross Road and Ocoee-Apopka Road Intersection Improvements at the September 17, 2019 meeting to Oelrich Construction, Inc., (OCI). The next step in the CMR process was to negotiate the preconstruction services portion of the contract, and City Staff has completed this task with OCI. The scope of the preconstruction services is to provide design and construction document review, value engineering and recommendations in collaborations with the project design team and utility companies while the design is finalized. The next step in the CMR process is to negotiate the Guaranteed Maximum Price and completion date for the various elements of the construction. These elements include adding left and right-turn lanes, stormwater improvements and new traffic signalization, which will be brought back before the Commission for approval as the design progresses to the point where construction can begin. Public Works and Utilities recommend approval of the contract with Oelrich Construction, Inc., with a construction management fee of 8.0% and Preconstruction and Design Services for $10,862.00 as detailed in the proposal. 10. Approval of Resolution and State Maintenance Agreement for the Lake Olympia Outfall. (Public Works Director Krug) The FDOT has agreed to upgrade the existing Silver Star Road drainage system to Lake Olympia by installing a baffle box adjacent to Hawthorne Cove Drive in order to collect roadway contaminants before they reach the lake. The agreement to install the baffle box is based on the City providing routine maintenance to clean the structure of debris. The value of the work by the FDOT is approximately $100,000. The upgrades will improve the quality of the stormwater reaching Lake Olympia from the State right-of-way. Public Works will add the cleaning of the structure to the Stormwater Division’s routine neighborhood inspection and maintenance schedule following completion of the improvements. 11. Approval of the 2019/2020 Budget Vehicle/Equipment Purchase. (Public Works Director Krug) The City traditionally purchases vehicles and equipment through various competitively bid annual contracts. Public Works has researched pricing and has found the Florida Sheriffs Association continues to provide the lowest competitively bid pricing for vehicles and equipment utilizing competitively bid contracts. The 3 | Page Regular City Commission November 5, 2019 following vehicles are incorporated in the approved budget for purchase: one (1) Vac-Con 11 on Freightliner chassis, $465,781.00 (Utilities – New); one (1) Ford F-150 Ext Cab 4x4, $32,162.00 (Utilities – New); one (1) Ford F-150 4x4, $27,501.00 (Stormwater – New); one (1) Ford Escape AWD, $25,611.00 (CRA – New). 12. Approval of the 2019/2020 Budget Vehicle Purchase for Police Pursuit - Dodge Chargers. (Public Works Director Krug) The City traditionally purchases vehicles and equipment through various competitively bid annual contracts. Public Works has researched pricing and found the Sourcewell (formerly NJPA) Purchasing Cooperative provides the lowest competitively bid pricing for Police Pursuit Dodge Chargers utilizing competitively bid contracts. Public Works has been notified by the Dodge dealers there is an order deadline of November 13, 2019, for Dodge Chargers due to a scheduled plant shutdown for the retooling of the next version. The budget includes five (5) new Police Pursuit Dodge Chargers for outright purchase and six (6) replacements to be financed with the remainder of the vehicles budgeted for financing within the current fiscal year. Public Works is requesting City Commission to commit to funding the total order of eleven (11) Police Pursuit Dodge Chargers from either direct purchase or lease by issuing a purchase order for the vehicles in advance of the stated order deadline. Dodge Chargers have been a reliable and economical pursuit vehicle and make up the majority of the City’s Police Department fleet. The following vehicles are incorporated in the approved budget for purchase; five (5) Police Pursuit Dodge Chargers at $33,068.00, totaling $165,340.00 (New); six (6) Police Pursuit Dodge Chargers at $33,068.00, totaling $198,408.00 (Replacement). 13. Approval of Change Order No. 3 for the Lakefront Park Improvements Project Final/Closeout (Phase I). (Utilities Director Smith) The Utilities Department has been tasked with overseeing the closeout of the Lakefront Park Improvements Project Phase I. The Department has been reviewing the Change Orders under consideration since April of this year. In total there are thirty-eight (38) items on the list requiring adjustment. Four of the items involve cost reductions; including the removal of the stormwater exfiltration system from the scope of work and the elimination of a decorative fountain and decorative boulders. The deducted items total $179,268.38. The remaining thirty-four (34) items were either unforeseen items which arose during construction or owner directed changes. A complete list of all the changes are summarized within Change Order No. 3. The total net change to the project for all changes contained in the change order is $183,337.24. PUBLIC HEARING 14. Ocoee/Orange County Joint Planning Area Agreement (JPA) (Advertised in the West Orange Times on Thursday, October 24, 2019.) (Development Services Director Rumer) The City of Ocoee and Orange County entered into a Joint Planning Area Agreement related to joint planning in 1994 and amended the agreement eighteen times over the years in order to facilitate planning and development initiatives. The City of Ocoee terminated the JPA Agreement on February 10, 2019, and began working with Orange County Staff on a new JPA Agreement. City Staff and Orange County have negotiated a new Joint Planning Area Agreement that is effective for five (5) years with an automatic five (5) year renewable terms and addresses areas of concern such as a mutual desire to improve Ocoee Apopka Road as a major arterial road, the elimination of enclaves of up to 110 acres and the continued efforts to improve and oversee redevelopment activities in the City’s Community Redevelopment Area. The JPA as proposed provides for a Joint Planning Area Boundary Map, which is identified as Exhibit “A” (this map marks the line at which the City agrees to not annex outside the boundary set); a Joint Planning Area Future Land Use Map identified as Exhibit “B”, which sets the Land Use Designations upon future annexations; and lastly, Exhibit “C” is a map depicting all enclaves which will be used in identifying future annexations with respect to Florida Statute that permits the elimination of enclaves under 110 acres. FIRST READING OF ORDINANCE 15. Daka Property - 8807 Hackney Prairie Road Annexation & Rezoning, Project No(s): AX-09-19-85 & RZ-19-09-11. (Second Reading and Public Hearing scheduled for December 3, 2019, Regular Commission Meeting at 6:15 pm or soon thereafter.) (Development Services Director Rumer) This proposed annexation and rezoning is located on the north side of Hackney Prairie Road approximately 2,683 feet east of N. Clarke Road, next to Prairie Lake Elementary School. The Parcel ID Numbers are 03-22- 28-0000-00-052 & 03-22-28-0000-00-101. The parcels total approximately 2.13 acres, and one parcel has one 4 | Page Regular City Commission November 5, 2019 (1) existing single-family home. The subject property is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the north, east, and south. The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. The parcels are currently zoned Orange County Rural/Agricultural (A-1), and the proposed rezoning is City of Ocoee Low Density Residential (R-1A). The applicant is annexing into the city limits as a condition to receive a city potable water connection. a) First Reading of Annexation Ordinance b) First Reading of Rezoning Ordinance 16. Land Development Code (LDC) Amendment to Article III, Subsection A of Section 3-2 regarding an Alternate Board Member on the Planning and Zoning Commission. (Second Reading and Public Hearing scheduled for December 3, 2019, Regular Commission Meeting at 6:15 pm or soon thereafter.) (Development Services Director Rumer) On May 15, 2018, the City Commission adopted an Ordinance which amended Section 3-2 and Section 3-3 of the City of Ocoee Land Development Code, which amended the following: establishment and membership of the Planning and Zoning Commission, abolished the Board of Adjustment, revised the duties of the Planning and Zoning Commission, and incorporated the rules from Ordinance 89-19 into the Code. The adopted Ordinance consisted of changing the Planning and Zoning Commission from a nine (9) member Commission to a five (5) member Commission. The City is proposing to amend the Land Development Code and add a provision to Article III, Subsection A of Section 3-2 to appoint six (6) members to comprise the Planning and Zoning Commission, including one (1) alternate member appointed by the City Commission, as well as maintaining the (1) non-voting member appointed by the School Board of Orange County. The new alternate member would be required to attend and participate in Planning and Zoning meetings with the exception of holding a nonvoting status unless: i) a quorum is not met or ii) a voting conflict is made by a member. SECOND READING OF ORDINANCE – PUBLIC HEARING 17. Second Reading of Ordinance for CLRM Planned Unit Development (PUD) Annexation, Rezoning and Large Scale Comprehensive Plan Amendment; Project No(s): AX-09-18-77, RZ-18-09-15 & CPA-2018-008. (Advertised in the West Orange Times on Thursday, October 24, 2019, and in the Orlando Sentinel on Tuesday, October 29, 2019, and in the West Orange Times on Thursday, October 31, 2019.) (Development Services Director 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 on the south side of East and West Mccormick Road and west of North Apopka Vineland Road and is located within 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 as well as a rezoning from Orange County Agriculture (A-1) to City of Ocoee Planned Unit Development (PUD). 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 has an approved mitigation agreement with OCPS. 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 c) Second Reading of Rezoning Ordinance 5 | Page Regular City Commission November 5, 2019 REGULAR AGENDA 18. Approval of Contractual Agreement for the Ocoee Youth Council (OYC) Coordinator. (City Clerk Sibbitt) The contractual agreement between the City of Ocoee and OYC Coordinator, Dorcas Dillard, expired on September 30, 2019. During the period of this agreement, Dorcas Dillard received $800.00 per month. At their Regular City Commission Meeting on October 1, 2019, the City Commission discussed the contract and reducing the monthly fee. Following the discussion, City staff was directed to bring the contract before the Commission for approval. 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. 6 | Page