07-18-2017 Agenda OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee,Florida
July 18,2017 AGENDA 6:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
B. PRESENTATIONS AND PROCLAMATIONS
Presentation on School Grades - Orange County Public School (OCPS) Board Member
Christine Moore
Presentation of the Districting Commission Recommendation Report — Chairman
Gregory Keethler
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 City Commission Meeting held June
20,2017. (City Clerk Sibbitt)
2. Approval to Set the Proposed Tentative Millage Rate for Fiscal Year 2017/2018
Budget. (City Manager Frank)
The TRIM act requires local governing bodies to set a proposed tentative millage rate annually
during the month of July. The property appraiser is then notified of the rate and uses it to advise
taxpayers of their proposed tax levies for the next year. The rate can be lowered during the budget
hearings in September and has historically been done so by the City. State Statutes establish levels of
approval by the governing body in setting the millage rate. The statutes provide for a maximum
millage that can be levied by the governing body with a majority vote. This maximum millage rate
for the upcoming fiscal year, 7.3615, is an increase over the current year millage (5.8291). The
rolled back rate for 2017/2018 is 5.4357. This rate is lower than the current year rate. The City's
overall assessed value increased to $231,579,458. This is an increase of$1,309,403 at the current
millage rate of 5.8291.The Commission can set the proposed millage for FY2017/2018 up to 8.0977
with a super majority vote by the Commission. This millage rate would generate $18,175,907 in ad
valorem revenues. A millage rate higher than the 8.0977 would require a unanimous vote by the
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Regular City Commission
July 18,2017
3. Approval to Set Workshop and Hearing Dates for FY 2017/2018 Budget
Process. (Finance Director Briggs)
Workshops are held during August for staff and the City Commission to discuss the proposed budget
for the upcoming fiscal year. Public hearings are required by the TRIM Act in September serving as
a mechanism to notify the citizens of the proposed budget and allow the opportunity for their
comments. The TRIM Act has specific time frames for scheduling and holding the required hearings.
The hearing dates cannot conflict with Orange County (9/7 and 9/21) or Orange County School
Board (9/12) hearing dates. Staff recommends the commission approve the following dates for the
August budget workshops of August 10th and 14th. Staff recommends the City Commission approve
the following dates for the September budget hearings of September 6th and 18th. Workshops and
hearings will begin at 6:00 p.m.
4. Approval of the Third Agreement for Modification of Wal-Mart Signage Plan.
(City Planner Rumer)
The City of Ocoee has previously approved development plans, which called for the development of
a Wal-Mart Supercenter on Lot 1 and various commercial uses on Lots 2-6 of the Wal-Mart of
Ocoee Plat. As part of the development approval process,the City approved a Master Signage Plan.
The Master Signage Plan was amended in July of 2002 and then again on November of 2002.
Wal-Mart has added new services to the existing Supercenter, which require individual signage. In
order to comply with the original and amended Master Signage Plan, a third modification is
required. The third modification does not increase the overall square footage allowed and therefore
was determined to be non-substantial.
5. Approval of the Plat for West Colonial Ocoee. (City Planner Rumer)
The subject property, which is the former location of the Sabal Hotel, is located on the northeast
corner of State Road 50 (West Colonial Drive) and Maguire Road. The total area of the parcel (ID
#20-22-28-0000-00-017) is 3.35 acres. The developer/applicant intends to develop the 3.35 acres as
a Commercial subdivision with three leasable/sellable lots, sized 0.624 acers,0.744 acers, and 1.129
acers respectively. This plat is required in order to create the lots for the commercial subdivision and
reflect the improvements constructed as part of the West Colonial Ocoee development. This plat
includes easements for public utility improvements, which includes a new eight(8) inch water main
and a doghouse manhole. There will be no additional dedications or easements to the City as a part
of this plat. The West Colonial Ocoee development is platting prior to receiving a Certificate of
Completion; therefore, the developer is required to provide a Surety covering 115 percent of the
construction cost of the proposed improvements as approved in the West Colonial Ocoee Small
Scale Site Plan. The Developer has provided a Surety in the form of a check along with a signed
copy of the outstanding construction costs from the General Contractor.
6. Approval to Award RFQ #1705 Engineering Design Services for Downtown
Streets Redevelopment. (Purchasing Agent Tolbert)
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 civil engineering firms to design a number of local street
redevelopment projects in downtown Ocoee. The design services will also include the work needed
to build a major gateway structure at the intersection of Bluford Avenue and Geneva Street, plus a
West Orange Trail connection from the SR 429 interchange on Franklin Street to the northern Taylor
Street roundabout. Continuity of the Trail connection will also be part of the Taylor Street and
Oakland Avenue reconstruction projects such that the connection goes from the SR 429 interchange
to Lakefront Park. This segment connects to the West Orange Trail via sidewalk in the City of
Winter Garden, which starts at the SR 429 interchange. The total cost of construction for the
included scope of work is estimated to be approximately $2.4 million. These transportation projects
are part of a$45 million capital investment program for the downtown area of Ocoee.
The RFQ was advertised on April 23, 2017 and was publicly opened on May 23, 2017. There were
eight (8) responses submitted. The Finance and Public Works Departments reviewed the
qualification statements and all were considered responsive. The eight(8) responses were evaluated
by the RFQ Evaluation Committee appointed by the City Manager. The evaluation committee short-
listed the following firms in ranked order, and recommends contracting with the top-ranked firm,
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CPH, Inc., with Wantman Group, Inc., ranked second and DRMP, Inc., ranked third. Staff
recommends that the City Commission award RFQ #1705 Engineering Design Services for
Downtown Streets Redevelopment to CPH, Inc., and authorize Staff to proceed with contract
negotiations with the selected firm, and authorize the Mayor, City Clerk, and staff to execute all
necessary contract documents with this firm once the required insurance is received. Per the State of
Florida CCNA Act Statute 287.055, if contract negotiations are unsuccessful with the top-ranked
firm, staff shall terminate negotiations and initiate negotiations with the next ranked firm, and so on,
until an agreement is reached.
7. Approval to Execute a Revised Interlocal Agreement with Orange County for
Cooperation Regarding Federal Community Development Programs Under
the HUD Urban County Program. (Support Services Director Butler)
The City has jointly operated a Community Development Block Grant program with Orange County
that has brought millions of dollars in funding for rebuilding public infrastructure in economically
disadvantaged areas of the city, such as the Pioneer Key subdivisions. The U.S. Department of
Housing and Urban Development has asked the City to execute a revised agreement with Orange
County in order to make it compliant with federal legal changes occurring since the last agreement
was signed in 2014. This is a routine action with no substantive changes.
8. Approval to Acquire a Nimble Data Storage Array at a Cost of $46,250,
Related Equipment Maintenance Service at a Cost of $3,900, and Network
Protection Services at a Cost of$10,005, all from CDW-G. (Support Services
Director Butler)
Staff acquired a refurbished Storage Area Network (SAN) with new high-speed disk drives in late
2012 as the central data storage mechanism for the City.This device has reached the end of its useful
life and needs to be replaced. In accordance with staff's expectation of the coming need for a
replacement, the City Commission approved an overall capital budget allocation of$65,000. Staff
has selected the Nimble Storage Adaptive Flash CS-series CS1000 Hard Drive Array as the
replacement unit. This device contains 42 TB of raw hard disk data capacity and almost 3 TB of
solid-state storage capacity. In addition to purchasing the unit, staff additionally seeks approval to
acquire a 4-hour response time extended service agreement, and to reinforce the City's cybersecurity
mechanisms by implementing an off-site ("cloud") internet data traffic filtering system. With recent
increases in ransomware attacks, staff wants to enhance network security by deploying the Cisco
Umbrella Cloud Security System, which will prevent communications between city computers and
bad actors seeking either to break into the City's network or to receive messages from infected
devices on the network. A cloud-based solution is preferable to one based on equipment and
software on the City's data network interface, as it keeps the malware and bad actor messages
offsite.
9. Approval of an Agreement with Zyscovich, Inc., for Development of a Design
Criteria Package for a New City Hall (Part of the Downtown Redevelopment
Master Plan) at a Cost of $276,190, and Subsequent Owner's Representative
Services During Solicitation and Negotiation with a Design-Build Firm at a
Cost of$58,275. (Support Services Director Butler)
A key component of the Downtown Ocoee Redevelopment Master Plan is relocation of City Hall to
the Northeast corner of the intersection of McKey Street and Bluford Avenue. The City anticipated
construction being accomplished through the design-build method, so an RFQ was issued in April
2017 for a qualified architectural firm to develop the design criteria package needed to solicit a
design-build construction company. Two architectural firms responded to that RFQ and the highest-
ranked firm of Zyscovich, Inc., was awarded the work by the City Commission. Subsequent to that
award, and in compliance with the Florida Consultants' Competitive Negotiations Act ("CCNA,"
§287.055,Florida Statutes),the City entered into negotiations with Zyscovich, Inc., and developed a
detailed scope of work, project schedule, and price agreement for presentation to the City
Commission. The proposed schedule calls for up to 26 weeks of effort to produce the design criteria
package and a subsequent 31 weeks for solicitation of design-build firms, selection of the top-ranked
firm, preparation of construction documents, final price negotiation, permitting, and other
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July 18,2017
preconstruction activities. Staff recommends that the City Commission endorse the proposed
Agreement, authorize the Mayor to execute the Agreement, and direct staff to issue the purchase
order to Zyscovich, Inc. for this work using an allocation of project funds of$334,465 for design and
up to$2,000 for reimbursable expenses. In addition,staff seeks authority to expend up to$10,000 in
other project funds for other companies to conduct related work, such as to take soil samples and
perform additional surveys.
10. Approval of the Sanitation Division Budget Transfer. (Public Works Director
Krug)
The City has historically benefited from being able to take recyclable materials to the County at a
zero cost per ton tipping fee. Due to changes in the recycling market and expiration of various
County contracts, the County will begin charging a fee of$42.00 per ton July 1, 2017, to handle
recyclable materials. This increase in cost was not anticipated by County and is not reflected in the
current City budget for Sanitation landfill fees. To account for this unanticipated increase in costs
while Public Works researches the City's options for the disposition of recyclables, we are
requesting Commission approval to transfer unused capital funds within the Sanitation Division to
the landfill account line. The 2016-2017 budget for the Sanitation Division included three (3) lease
payments totaling $136,185.00 for replacement Sanitation vehicles. Due to the timing of the
financing, only one lease payment of$39,805.64 will be made this fiscal year, leaving $96,379.36
available to be reallocated to the Landfill account line.
11. Approval for the Request to Piggy Back on City of St. Petersburg Contract for
Supply of Sanitation Carts with OTTO Environmental Systems. (Public Works
Director Krug)
The City has utilized sanitation carts from OTTO Environmental Systems (OTTO) since
implementing automated side-loading trucks to collect residential garbage in 2005 and recycling in
2014. In 2011, the City issued a Request For Proposals from cart suppliers and determined OTTO
continued to provide the best value and service for carts by awarding a five(5)year term contract at
the June 7, 2011, Commission meeting to OTTO that included an optional one year extension. The
City's term contract for sanitation carts with OTTO has expired this year. The Public Works Team
has continually evaluated products with other municipalities and vendors to ensure the City is
obtaining the best value in the carts we utilize. Through this continual evaluation process, Public
Works has determined OTTO continues to provide the best product to meet the needs of the City. In
order to continue utilizing OTTO carts, Public Works recommends piggy backing on the existing
City of St. Petersburg's (St. Pete) Request For Quotation 5580 for Refuse Containers. Ocoee's
expired contract charged$51.85 per 95 gallon cart where the St. Pete contract cost is$52.36 per cart.
The $0.51 cost differential is due to the St. Pete requirement for Radio Frequency Identification
(RFID)tags on their carts—a service tracking feature Ocoee could use at a future date, but was cost
prohibitive at the time of the 2011 Ocoee RFP. Public Works purchases 1,920 garbage and recycle
carts annually for new customers and replacements. The additional$979.20 annual cost increase for
utilizing the St. Pete bid is adequately funded in the Solid Waste operations.
G. PUBLIC HEARING
12. Health Central Skilled Nursing Facility Large Scale Preliminary & Final Site
Plan (PSP/FSP); Project No: LS-2017-008. (Advertised in the West Orange Times on
Thursday,July 6, 2017.) (City Planner Rumer)
The subject property is located on the north side of Health Central Way, 550 feet north of Old
Winter Garden Road. The overall parcel is 3.67 acres in size. The Parcel Identification Number is
29-22-28-0000-00-031. The proposed Health Central Skilled Nursing Facility site plan provides for
the construction of a Four-Story 90,213 square foot facility on the campus of the existing hospital.
The project will be constructed in one phase. The parcel is heavily wooded and does not contain
wetlands. Access will be from internal drive isles and an access road from Old Winter Garden Road.
The proposed skilled nursing facility comprises of a 31,083 sq. ft. ground floor Memory Care area
consisting of 40 skilled nursing beds and building support services. The second floor contains 25,572
Hospice Care facilities with 10 Skilled Nursing residents and public administration and outpatient
therapy. The third floor contains 16,779 sq. ft. Post-Acute Rehab Care with 20 Skilled Nursing Beds.
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The fourth floor contains 16,779 sq. ft. Post-Acute Rehab Care with 20 Skilled Nursing Beds. Site
work including a new parking lot with 57 new parking spaces(4 Handicap), a covered drop-off area,
three access points and a delivery area are provided. A stormwater retention pond and the use of
other existing retention ponds are proposed. Existing road side swales on site will be closed and
piped to provide a closed drainage system. Landscaping and irrigation is proposed.
H. FIRST READING OF ORDINANCE
13. First Reading of Ordinance to Repeal Chapter 4 - Design Build Contracts and
Amend Chapter 21 - Purchasing Policy. (Second Reading and Public Hearing scheduled
for August 1, 2017, Regular Commission Meeting at 6:15 p.m. or soon thereafter.) (Purchasing
Agent Tolbert)
Chapter 4 of the City's Code of Ordinances — Design Build Contracts was adopted on March 21,
1995 in order to comply with the procedures of the 1993 Florida Statute 287.055, Consultant
Competitive Negotiation Act ("CCNA"). The current Chapter 4 has not been updated to include
revisions that have been made to the CCNA since that time, such as the allowance of a qualifications
based solicitation for design-build services, which is in conflict with the current Chapter 4
procedures. Moreover, Chapter 4 predated the City's Current Chapter 21,Purchasing Policy that was
adopted on July 16, 1996. Now that Chapter 21 exists, Staff and the City's Attorneys agree that
Chapter 4 is no longer needed if language is amended in Chapter 21 to expressly state that design-
build services shall be procured in accordance with the requirements of the CCNA. Currently,
Section 21.8 D. references design-build construction services shall be procured in accordance to the
procedures of Chapter 4. Staff is proposing revisions to Section 21.8 B. to expressly state that
design-build services shall be procured through the procedures set forth in the CCNA; therefore,
Chapter 4 will no longer be needed, as the required procedures are stated in the CCNA, and the
City's specific administrative procedures will be outlined in the City's Purchasing Manual.
Construction Program Management has also been added to Section 21.8 B as this service is also
authorized in Section 255.103,Florida Statute for Construction Management. These amendments are
necessary as Design-Build services will be solicited for the new Ocoee City Hall project once the
design-criteria package is completed.
I. SECOND READING OF ORDINANCE—PUBLIC HEARING
14. Second Reading of Ordinance for the State Road 429 Overlay District.
(Advertised in the West Orange Times on Thursday, July 6, 2017.) (City Planner Rumer)
The cities of Ocoee and Winter Garden share a common interest in the economic development
potential of the State Road 429 (SR 429) corridor. Due to the location of both downtown Winter
Garden and downtown Ocoee, the SR 429 Overlay District will play a key role in linking the
downtowns together and helping each City reach its economic development goals. Both the City of
Ocoee and City of Winter Garden will adopt Character Area plans to provide continuity and
replication of development throughout the Overlay District. The purpose of the SR 429 Overlay
District, which is facilitated via the Character Area Plans, is to provide a framework to guide
development that is useful to the development community in understanding the community vision
for SR 429. Three Character Area Design Plans were developed to reinforce the overall design
objectives to further support the Master Plan. The Character Area Design Plans are:
• The Plant Street Corridor Design Plan (including sub-districts: Packing Plant District, East Plant
District and Gateway District)
• Business Center Design Plan
• Interchange Village Design Plan
Staff recommends that the Honorable Mayor and City Commission approve the amendment to the
Land Development Code to establish the SR 429 Overlay District and find such amendment to be
consistent with the Ocoee Comprehensive Plan; and further, recommend that the Official City
Zoning Map be changed to reference the existence of special development standards and prohibited
uses within the SR 429 Overlay.
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J. REGULAR AGENDA - None
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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