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HomeMy WebLinkAboutVII (I) Discussion/ Action re: Purchase of New Recreation Bus Agenda 6-15-99 Item VII I (7VIER01:00001IIIVG-PKIUG OF PEST ORANGE- N1AYOR.CO1M['sIONI:8 S. SCO7T VANDDRGRIFI Ocoee o�nlissl0>I,Rs o` a CITY OF OCOEE DA xti Ilr)WFI.I. A,. p494C.F _ ISY LAM IIORFDR! SCOII 1V DGRSOA y Q Or of I, FLORIDA 4761 2258 Itl SIY J0 !WA O NANCSI PARKER p V (407)656-2322 CITY M VwER ���* �f GOO tx�� PLUS SI IAIIRO Memorandum To: The Honorable Mayor and City Commissioners From: Wanda Horton, Finance Director Date: June 10, 1999 Re: Purchase of Bus for Recreation Program During the Mid Year Budget process there was discussion on the purchasing of a new bus for the Recreation program. This item was not funded then but was placed in the Capital Improvement Plan for funding in the upcoming year if funds are available. The bus currently utilized by the Recreation department is now in need of a major repair as described in the staff report from the Recreation Director. The estimate for the repair exceeds $6,000.00. After discussion, staff feels that it would be prudent to replace the bus now and not spend the$6,000+to repair the current bus. The cost estimates for the bus range from $54,000 to $48,000. The bus would be leased over a four year period with lease payments estimated between $3760 and $3340 per quarter. The first lease payment would be due prior to the adoption of the annual budget for FY 1999/2000. The Recreation Department would rent a bus until the new bus is received. Staff recommends the purchase of the new bus be approved as an emergency purchase with funding from General Fund contingency (balance of $102,708.00 (4,2, 6/10/99) for the first lease payment and the temporary rental of a bus at a price not to exceed $ 6700.00.. "(RATER OF GOOD LIVING-PRIDE OF HEST ORANGE" MAYOR•COMMISSIONER S.SCOT VANDPRGRIFF Ocoee CITY OF OCOEE COMMISSIONERS •. 44444, O DANNY DOWELL 150 N. LAKERIIORE.DRIVE SCO'FI-ANDI!RSON �•WWi d RUSTY lO1 MSON OCOEr,FLORIDA 3 4 76 1-2 2 5% O NANCY 1.PARKER p p (407)656-2322 C'rrY nr\NAtax Op Goo, ELIAS SI IAPIRO STAFF REPORT To: The Honorable Mayor Board of City Commissioners From: Bruce Nordquist, CLP, Recreation Director Date: June 11, 1999 RE: City Bus ISSUE: Does the Honorable Mayor and Board of City Commissioners want to pay $6000 for the air conditioning repairs to the City's bus or move ahead and lease/purchase a new twenty-nine passenger bus in the current CIP. BACKGROUND AND DISCUSSION: The 1978 GMC RTS bus owned by the City has had several problems in the recent past. It currently is at the ABC Bus repair shop with a $6000 price tag to repair the air conditioning unit. The bus has a leaky power steering unit and it bums oil on a regular basis. If we pay for the air conditioning repairs to the bus ($6000) it will probably continue to break down and have costly problems. We are currently renting a school bus at $85 per day plus 35 cents per mile and gas for our summer field trips. If we decide not to pay the repair costs and wait for the FY99/00 budget to be adopted to lease/purchase the new 29 Passenger Van the cost of the Zaffran bus rental would be $10,200. If the Commission approves the lease/purchase of the 29 passenger bus now the delivery time is 8-10 weeks which estimates a cost of$2900 for the Zaffran bus rental. RECOMMENDATION: It is recommended that the Honorable Mayor and City Commissioners authorize the purchase/lease of a new twenty-nine passenger bus from First Class Coach and Equipment, Inc. which is the low bid. *Three quotes have been attached with basic information on the bus. BN/mdb i caa & co . June 10, 1999 To: Mr. Norquist From: Robyn A. Carroll Below please find a quote for a 2000 Terra Transit: PROPOSAL FOR ONE NEW 2000 TERRA TRANSIT: (29 Passengers Plus Driver) Chevrolet 7.4 Liter, V8 Gas Engine Terra Transit body- 256" Floor/177" Wheelbase Paint Wheels White Manual Passenger Entry Door Black RCA Rubber Trans Air 87,000 BTU Dual Compressor A/C Safety Equipment Standard Paint AM/FM Cassette Stereo w/ Speakers 29 Low Back Bucket Seats, Vinyl F.O.B. Ocoee, FL Total: $47,898 *Does Not Include Any Applicable Tax, Tag, or Title. 88 E. Broad St. Winter Garden, FL 34787 (407) 656-1175 Fax (407) 656-9242 . .., Chevy • • OVER Tandem A . .. , i4YEA•4 TIRA 29 PASSENGER & 25 RANS1T PASSENGER PLUS LUGGAGE , lot, 11 1 it . 1, .... i li , il IIIii 1 ... ..1 tirinli,iINITE immossofTTIr ,a . _ -1,------5 ,,,a e--1 ' I * ,.. .2 v. . '1/4. ,7 • , ,.... AIL . .L. A1111.1.1.1111111111111111.1114 \.,--'1 ilk, .. . . -... . ,- -_-_-1„,,,00 ,....................,2,`',' .......0"lar- ,,------ - •-_.`"...'-' - -4 ....„-- !) / 1- 1 ! ‘ILC-\P‘. THE TEST ,, ,v 'I ' :— , , , ,, 1 ,,, , i OF TIME t HI af h 11 Since 1962, Turtle Top has been producing I ' vehicles in time-proven techniques of design, li 1 , I r I \\ engineering and manufacturing. Today's Terra Transit bus represents a legacy of excellence '\ \ of quality, proven by thousands of users. -44, if ---! - ----t-_-.. ":lc ..=m, _ r ..... t.a.. A... 1111111M1111111. I '''-- ,IIIIIII r, _ r , , N-11( k, se ) 1 #14';', ,' ',.'•' ,, c, -I ' .-.,'''. `,..-' .4&11.111116- .• - • 1 It 1r — -- --- ;A..;,,,, 1(' '''' ' '''' 11 . , TERRA TRANSIT - - Chevy Tandem Axle ' -`,`t STANDARD EQUIPMENT i oss. i - Ili', i■■I maiMIIIIII •Flat Floor/no wheel wells • Driver high-back captain's 1--•••. 4Y1.11 al la= •Bright-white Alucobond seat-reclining --- --..� —111 exterior roof and sidewalls • White fiberglass •Fiberglass front and rear reinforced ceiling and - cowls sidewall panels Di op floor lunqudi err,,,,i,,mian]) •Bay windows,tinted,with • Exterior color matching BODY STRENGTH T-Sliders 34.5 H x 28.5 W chassis • 1"polystyrene foam • Accent paint striping Continuous welded steel cage with 1 x 1 x 16 ga. insulation • Front and rear mudflaps steel tubing and 2 x 8 x 13 ga. channel steel •Black rubber floor and • Drive shalt guards crossmembers and 1 x 41,x 13 ga.channel steel aisle • Enclosed entrance steps floor stringers. Perimeter sill 2 x 2 angle x 11 ga. •Exterior sub-floor • Large egress rear completes the solid, sturdy cage which provides undercoating-27RC window 26"H x 54"W exceptional strength. •Heavy-duty rear bumper • Side door model has in owdey coated) additional captain's seat s Tr - _ F •Modesty panels and in cab • ,, vertical stanchions • Track seating •Handrail and grab rails at • Color and number coded entrance door wiring flrl71 ( ' rt{r�7�, •Entrance door built-in cab • Rubber(cushion mount) !r7 , - i'1 HE D 2 •Manual door operator coach body lllllliii l.� ill1«111III OPTIONAL EQUIPMENT "' •Air conditioning - •Seating package , wH + /II T�_� �_ Il -numerous sizes •Removable or stationary /•Water heater with two- rear storage compartment /speed fan •Vented escape hatchusace •Overhead luggage racks •Wheelchair tie-downs d se-- 7 I rYiIL with high intensity •Heavy-duty alternator reading lights •Floor-mount luggage rack •Wheelchair lift utilizing •Restroom with lavatory DIMENSIONS passenger or special and circulating toilet entry door •TVNCP Step Height 12'/2" •Out-of-sight lift,utilizing Step Depth 872" passenger door Step Riser 6'/2" (paired i„„Iamlaani.d.apm�.a„ Exterior Height* 9'6" to 9'9" Exterior Width 96" Interior Width 94" Interior Height 6'4" lease T �O ® Not including escape hatch u riI� Dealer Terra Transit Division 67819 State Road 15 p New Paris, IN 46553 I'� 219/831-4340 • FAX 219/831-4349 .. - NOTE Terre darner os the'Palomane ha Les e any cabs and e'cer,and also iodea on on 9 d re r do darnel ei 9 nths Is been denlearn n,n,r nresnerliQP lei ier eCrae.al leels l'penanceo ris.Herten e De ides.II pw.ea e i a a dale inang m on 8CC11109 al°Mona saas.d 1OCCO4 a lamp Paa 1997 ,neuho USA 06/10/99 12:33 ATLANTIC BUS SALES 4 40765E2343 N0.562/P001%005 a J/ ATLANTIC BUS SALES ORDER FORM DATE: Ant . 9 i9 CUSTOMER NAME: ©eo ,C .4- aevct COMPANY: Ate.en oisr 4< ream. 3cvr , STREET ADDRESS: /S"o Az CITY/STATE/ZIP: C C o e F4. 19 76/ AREA CODE/PRONE: fO7• GJ' ' S/03 ExTENSION: Farc . 4'o7 6s 6, 23Y3 BASE PRICE: S SA 302,f a o .e PRICE: < L Syn. C O NET TOTAL: f Q 7 garf O 6- NUMBER OF UNITS: / oA e... SUB TOTAL: 519 7e'r 0 0 TAX AND LICENSING: .tJor / Ate_ DELIVERY CHARGE: 4 Se . 0 0 TOTAL AMOUNT DUE: S'2 4'2 T o 0 DEPOSIT: BALANCE DUE COD: S Atlantic Bus Sales reserves the right to make changes in specifications, price, color, materials, equipment or models or to discontinue models without notice and/or obligation. Lease payments and terms are subject to credit approval and do not include tax. LEASE INFORMATION A49. TERM OF LEASE MONTHLY PAYMENT • 7 79 A antic Bus Sales Author gnature Date 06/10/39 12:34 PTLRN IC EUS SP_ES 4 4276762347 MO.562 PO05/9P6 SALES WORK ORDER FORM /J Q AEROTECH DATE: b • OF 99 *MICROS CO. UNIT 1: CBSTORR WRMI C/ 79 0. ore E C _ Ha ELDORADO: B00 PL00attas: . PASS MOW WOT1431 q: 116 TR: Alp__ DMOIMC: 5'ct J ad`0 0 CHASSIS DEPARTMENT , i SELECTED OPTIONS C030 RV Pkg. Tltt/CruSs /Suapr 2210 ttiaatone AS: Bags 2237 Sxhauet Nest shield 160E 1C Btnle.Et. 1 Meet 'Marta 3350 amine MOCK Neater 2401 _ Maio Retarder 7600 DaluMS NhOel DgNre 7440 _ Muster 2620 __ Rear Help lemma 231E engine Mutdawn Syetal. 2220 _ Air Sags Front 2430 .^ Front Nalp Bumper 2320 tav-Mter Lscht/Nuns 2210 Airline Mar 1703 deal Mlle. Reel 2340 _ Low-011 Light/Butter. w 2121 _ Additional Springs CO21 aroma Saes Front 2341 _ Ia-011 Light/ Diesel 2200 Drive Axle SystemA Chrome 2450 _ Chro Bumper Rear 2330 _ M1-Temp Light/Hauer. Ws 2331 Nl-Tem Light/miter, Rove/ SPECIAL IMPTRUCTIOIS/PD':R10I: FABRICATION DEPARTMENT y lh vry p v " : c".77- :.'ss u. n-l.^r 1 Sra % ri '+µ. Y 1 K', p' -1°:-k \ :-'t f? t /.t9" 4: 'i $ .yi 1 4 3 V, ' ,, ki Y 4 d, 0 y : p S /j.f ,•.m .._ . _. ..�m.rul+tvb 1y• rr... „ v5�$..As w .:. .w.. 1 vn ....5.....r`d :«Vac . SELECTED OPTIONS 3572 _ Grow Tout Windows 7114 — Trena Spec Met Match S059 Fare Box Dimond W0e1 E 3100 Sensitive Edge Entry Boar 3073 Hatch v/ rlsctrlct Fan 7750 Tare Box Dimond Model 0 v/I 3400 32'x 62' Mar Door 4003 X High Back Cab Seat 1/55 Tare Mx Dlamnd D v/2 Vaults 3555 ` Window in Rear Does 610E X Reclining Cab Seat 1710 Tars Mx O111 0nd M v/2 VaLlte 11to Mar Deer Ajar Buzzer 6033 X Wrest Cab Seat o165 __ hra Box Main Treasury v/:'lt. 7161 _ Rear Bnor Ajar Light/Bazaar A101 Magmas Driven but 3500 mrovlev Minder Over Cab 6135 _ Mein/nausea Cab Seat 1135 Pasa,sigeal Nil-Cord Mzre: 5116 _ Convex Mirror 6240 Iaringnauren M Rests 113E _ Vasa Signal touch Strip Burceu 3110 30' Manual Door 2400 Front Tov Nooks 7711 Touch "Stop Request' Gghttd 3150 W 30' Electric Door 2410 _ Rear Tw Meta Y _ 22is __ tal..'.e et es*. rote 3111 - X 36' Electric Doer 1616 _ Spare Tire Carrier- 1195 Emergency Exit Window Nzcv: 3113 _ 40' Electric Poor 1617 Spare Tire 1116 _ Mordancy Exit Light/Burte 3310 Myed Entry Deer 2110 Near Step Sumer 1 per fadeS001 Additional agrees Curie. Location SPECIAL tMSTRBC=IWd/RDWUCS� 1 ri aI2 . 1$ ' I II. Mt I 0, 6 ^ r r•na ii I _ j'�i s® I R � 111 . .r=_ an sia G , _____ il a ■a i. po I. 'EtIr.— _ IIf romiloill , +�� 11 1 11 I 0 to CA I Oki 90E/900d E9S'ON Et+E2959Lkt c 63705 Sf19 JI1IJt1l1U ;£: T E6-0:/90 I I JUN- 10-99 THU—01 :06 PM RIVERS BUS. SPLES 90.470310E7 F', 02 RIVERS BUS & RV SALES / �h1ii.g _ 10626OENERAL5AVE,IACKSONVILLE,FL 32220 . ' 99 4�f�v EMAIL SALES�a R1VERSHUS.COM 7 Z �6 S 904-783-0313 800 253-0224 per► •��r� 1 FAX 90a-Th3-1067 =.r,;1,1 r Ifr1 i R'y-1 29 PASSENGER BUS TO; CITY OF OCOEE DATE: JUNE 10, 1999 150 N. LAKESHORE DR. PHONE: (407)656-3103/656-2343 OCOEE, FL 34761 CONCT: BRUCE NORDQUIST IN RESPONSE TO YOUR INQUIRY WE SUBMIT THE FOLLOWING QUOTATION: 1 1999 CHEV GG31932, 177"W/B, 7 4L 454 V8 VORTEC GAS, 55 GALFUEL, RADIAL TIRES, TINTED GLASS, AUTO TRANS w OVERDRIVE, TRANS COOLER, HD ALTERNATOR, CRUISE CONTROL, TILT STEERING, DRIVERS AIR CONDITION, ABS, DRIVERS AIR BAG, TAG AXLE. 1 TURTLE TOP TRANSIT BUS BODY, STEEL FRAME, ALUMINUM SKIN, 28" x 34" DARK TINTED BAY WNDWS, RCA RUBBER FLOOR, HIGH BACK DRIVER SEAT, 4 EMERG EXIT WNDWS, WHITE EXT w STRIPES COLOR KEYED TO INTERIOR $ 43,803 12 MID-HIGH BACK PASSENGER NON RECLINERLVL 2 VNYL (C.E. WHITE) 2,676 1 5 PASS MID-HIGH BACK DIVAN ACROSS REAR 625 29 74" LAP BELTS AT ALL SEATS . 261 1 HD BUS AIR CORD, 68,000 BTU w3 FAN CONDENSER & DUAL COMP 3,255 1 REAR AUXILIARY HEATER, 40,000 BTU w/ BOOSTER PUMP. _. 430 1 ELECTRONIC FAST IDLE SWITCH AND SOLENOID 265 1 SAFETY KIT: FIRST AID, FLARE SET, FIRE EXT, BACK UP ALARM..... _ 140 1 AM/FM STEREO w 8 SPEAKERS& PA SYSTEM 425 1 CENTERED REAR BRAKE LIGHT 40 ' 6 STAINLESS STEEL WHEEL LINERS 340 1 BLACKOUT WINDO W AREA......,..._.. .. ..._. ...,..,.__.. _. .. 275 MOTORHOEffi5,TRAVEL TRAILERS,FIFTH WHEELS,SCHOOL BUSES,RllA1HUSES,MBA TR4NS W WW.W VHRSBUS.COM SINCE 1919 UN- 10-99 THU 01 :0T PM RIVERS BUS. SOLES 9047031067 F. 0?. FrgralillRIVERS BUS & RV SALES 1 q �; 10626 GENERAL AVE, IACKSONVILLB,FL 32220 ! I ry JJII y EMAIL SALES@RIVERSBUS.COM 9U4.763-03I3 800-253-0224 1 �1 •ilig?�I�1 PAX904-783-1067 ' ti1l�B . ---I� !'- 1 i 1 IRROR PACKAGE: 7" x 10" INTERIOR MIRROR, PAIR OF 5" CONVEX 105 1 PLUSH GRAY CARPET FLOOR TO WINDOW 245 1 SKIRTING PAINTED TO MATCH STANDARD STRIPING 165 1 RCA COLORED FLOOR (GRAY) 205 1 DELIVERY TO OCOEE, FL FROM NEW PARIS, IN 780 TOTAL PRICE: (EXCLUDING TAX, TAG, &TITLE) $ 54,035 ESTIMATED DELIVERY DATE:60-120DAYS AFTER RECEIPT OF ORDER BRAD SEAR _ /O / ------ TWENTY PERCEN _ H ORDER, BALANCE AT DELIVERY MOTORHOMES,TRAVEL-MAILERS,FIFTH WHEELS,SCHOOL BUSES,MINIBUSES,PAR TRANSIT W WW RI VERSBUS.COM - SINCE 1919 TIN- T 1 FS. Sf\L5 ?P4Te 1 4T V. V4 WEB ERRA RA NSIT 0 0 ejjM a*{ u. µ,'fur "�i° ....e+wi 1 �.^11.j�� r- d, C '1 shoo!i f ". Y. A... 1 .«.. .�. .mob. i r"*a'a J,�YTM1n4Y Z�1R S..�SVSM1\�1.TCli4�Y•'AL •"� t 'C/ f itie •I 1 '. ", I I 41,--,/ . - ' � rf vr- �at r !$ti 1.\ THE TEST it � 9i 1 �� {� I 4F S \ t 1 )I, r ,e1,, ; OF TIME 0 V� ��\ 1 i .., II •a ���� Since 1952, Turtle Top hcs been producing '� F d , � }` vehicles in time-proven techniques of design. e_ "1' ����_ i j engineering and mar.ufactunng Today Terra r. I 1 ., Transit bus represents a legacy c1 excellence ! s i. ;, d of quality. proven by thousands of users. r",'-. III • ,_ _Y sp 4. )! riF ! '7< �. ril 111 il/ Ili.I 1 — x .WF in inn 5'DN-15-88 18.5e FROM.FOLEY AND LARDNER ID:648+1?43 PAGE 2/3 ,I1 :" .,, q y� (/ J Pagc 1 of 2 Van that is� bIPV /Yti2-AxX/-�"�^"-' �157 9 MYP' C7D. From the Website of SOS 1111101111410Mil we on,tam cate.ax to tru World er atsesl itann.nttim This is an original NHTSA Interpretation File [This file was downloaded from the NHTSA Websitel July 17, 1998 Greg Balmer, Esq. Staff Counsel YMCA of the USA 101 North Wacker Drive Chicago, IL 60606 Dear Mr.Balmer. This responds to your letter concerning dealers'refusals to sell 15-passenger vans to YMCAs that drop off and pick up school children from school You ask for clarification of the circumstances when buses are considered"school buses"under Federal law.As explained below,a new bus sold or leased to a schoCA ll buhat s"l use the and mustbus on a meet Federal motornificant basis vehicle transportfe standards for children buses. school is a Your letter states the following: Many YMCAs offer child care and after-school programs for school-aged children and use passenger vans to either drop off or pick up the children from school. Dealers are classifying this use as one of a school bus,and are refusing to sell or lease passenger vans to YMCAs,despite the fact that YMCAs are not schools and that YMCA child care and after-school programs are,under traditional definitions,primarily custodial,and not educational,in nature. Our statute at 49 U.S.G.§30112 requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards.Under our regulations,a"bus is any vehicle,Including a van,that has a Seating capacity of 11 persons or more.Our statute defines a"school bus"as any bus which Is likely to be"used significantly'to transport"preprimary,primary,and secondary students to or from school or related events(emphasis added).49 U.S.C.530125.A 15-passenger van that is likely to be used significantly to transport students Is a"school bus." If a dealer sells or leases(e.g.,leases on a regular or long-term basis),a new bus to transport students,the vehicle is a"school bus and must meet the Nation�au ne g r vans are not certified as Traffic Safety Administration(NHTSA's)school bus standards.Conventional 1 doing so,and thus cannot be sold or leased,as new vehicles,to carry students on a regular basis. As you are aware,in an interpretation letter of November 20, 1978,to DeKalb Rental/Leasing, Inc. (copy enclosed), NHTSA determined mat YMCAs are not schools. In instances where a new bus purchased by a YMCA is not used for transportation"to or from school,"or a school-related event ntransportation to or from school),ol), dealer would not be reqor YMCA summer camps,or uired to sell CA weekend schoolactivities where there is bus_ However,the situation raised in your letter is different The pertinent issue is not whether the YMCA is a school,but whether the bus will be"significantly used to transport school children"to or from-school (as described in Section 30125). If the bus will be used for such purpose,a school bus must be sold, regardless of whether such transportation is provided by a"school,-a day care facility,or any other entity. httpl/www.stnonline.corn/core2_files/bbs/vanlvan56.htm 6/11/1999 JUN-15-99 19 50 FRON.FOLEY AND LARDNEP 1D:640+1743 PAGE 3/3 Van that is an MPV Page 2 of2 We find it appropriate to address whether buses are"used significantly'to transport students on a case- by-case basis,focusing on the intended use of the vehicle.Your letter states that'[m]any YMCAs offer child care and after-school programs for school-aged children and use passenger vans to either drop off or pick up the children from school."Children attend school five days a week.After-school programs are presumably also offered five days a week.YMCA buses are therefore presumably providing school children with transportation to or from school five days a week or nearly at that rate. NHTSA considers such recurring and consistent use of the YMCA buses to transport students"to or from school"(even if the same students are not transported each day),to constitute a"significant'use of the vehicle.Therefore,it is our position that,when selling or leasing new buses to any child care facility(including YMCAs)for the purpose of taking students to or plotting students up from school, dealers must sell or lease buses that meet the Federal motor vehicle safety standards applicable to "school buses."W NHTSA believes that school buses are one of the safest forms of transportation in this country, and therefore strongly recommends that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards.Further,using 15-passenger vans that do not meet the school bus standards to transport students could result in increased liability in the event of a crash. You may want to check with state laws governing private tort liability and consult with your insurance carriers for further information on this issue. I hope this information is helpful. If you have any further questions,please feel free to contact Dorothy Nakama at this address or by telephone at(202)366-2992. Sincerely. (son)Frank Seales,Jr. Chief Counsel Enclosure d.7/17/98 retVSA#571.3"school bus only" 1.As you may be aware, in interpretation letters of May 29, 1991 and September 6, 1991 to Ms Vel McCaslin, Director of Grace After School,an after school care program, NHTSA stated that buses used to transport children to Ms. McCaslin's program would be"school buses"only if the program is a 'school or school-related event."The September 1991 letter indicated that the program picks up children from three area schools and brings them to the church on a"daily"basis.These letters concluded that Grace After School did not appear to be a'school,"that the program was not a "school-related event'and that NHTSA's school bus requirements thus did not apply. NHTSA has recently reexamined the two letters to Ms.McCaslin. Upon reconsideration,we have decided that the letters to Ms.McCaslin did not torus enough on the fact that the buses were being used to transport school children"from school,-as specified in 49 U.S.C.§30125.Therefore,to the extent the May 29, 1991 and September 6, 1991 letters to Ms.McCaslin are inconsistent with this letter,they have been superceded. Back to Top I Interpretation Files I Home Page • http://www.stnonline.com/core2_files/bbs/vao/van56.hnn 6/11/1999 kakittki,tu“,t_d(j ' l rr/ d Ciamu City Manager Assistant From: Robert Merrell <rmerr@ccb.com> To: prosenthal@foleylaw.com Cc: dlacr@ccb.com;jhenning@foleylaw.com; city_mgr@ocoee.org; planning@ocoee.org Subject. City of Ocoee Impact Fee Ordinance Date: Tuesday, June 15, 1999 2:49 PM Dear Paul: I will not be in attendance at tonight's City Commission meeting. Please convey my thanks to the Commission and staff, including Brad Friel, who has been very helpful to us in this matter regarding Hudson's Furniture. Mr. Hudson confirmed that he is satisfied and intends to rely on the City Commission's assurance that he can pay his impact fee in accordance with the Fee Schedule in the ordinance, reserving the right to a refund if an alternative impact fee calculation is accepted by the City after presentation and review of a study as provided for in section 87-5. With respect to the issue of restricting the use to a furniture store, I have been instructed by Mr. Hudson to prepare a deed covenant which essentially restricts the use of the property to a furniture store and requires that any change of use will necessitate payment of any additional impact fee amounts due to the City based on the change of use pursuant to the Fee Schedule at the time of the change of use or any alternative impact fee calculat Robert A. Merrell III Cobb Cole 8 Bell Page 1 'i -t - Page I of 4 From: Rosenthal, Paul E. <PRosenthal@foleylaw.com> 0 To: 'Ocoee Planning' <planning@ocoee.org> Date: Monday, June 14, 1999 11:36 AM Subject: RUSS WAGNER: FW: Ocoee Impact Fee Ordinance - No. 99-24 RUSS WAGNER: FYI Paul E. Rosenthal Orlando Office > Original Message i71c�O.. > From: Robert Merrell [SMTP:rmerr@ccb.com] > Sent: Monday, June 14, 1999 9:51 AM > To: Rosenthal, Paul E. > Cc: c m r ocoee.orq; dlacr@ccb.com; cwatt@ccb.com > Subject: RE: Ocoee Impact Fee Ordinance - No. 99-24 > Thanks very much for your prompt response. I agree that both proposals > involve legislative/policy questions and I appreciate your insight as to > the potential resolution of my first concern. I will take your advice and > withdraw my request to revise that part of the ordinance. With respect to > the second matter, I was hoping to get your opinion as to whether > something other than a deed covenant might give the city adequate legal > assurance that the use of the property would be restricted to the use > which would be the subject of the traffic study. I believe a properly > approved development agreement could provide such a mechanism (of course > PUD development agreements are used frequently to restrict the use of > property). Since the ordinance already contains a provision about > development agreements, I suppose confirmation from the city that they > would support that mechanism in lieu of a deed covenant would satisfy > Hudson's needs. If I can get that, I will also withdraw my second > request. I will ask this question at the City Commission meeting > tomorrow. I am passing this on to the City Manager via e-mail. If there > is anyone else you think I should send it to, please advise. I will see > you tomorrow night. Thanks again. > At 05:02 PM 06/11/99 -0500, you wrote: > >Thanks for the e-mail. I will forward it to the City Commission. Both > >proposals involve legislative/policy questions within the discretion of > the > >City Commission. I don't see the need to add you first proposal to the > >ordinance. We have stated both publicly and privately that Hudson can > >• the road impact fee and would be entitled to a refund if the City > >subsequently approves an alternative impact fee calculation. > Procedurally, > >Hudson should write a letter to the City formally making this request and > >advising as to the proposed schedule for submittal of a study. The > letter > >can have a place to indicate agreed and accepted by the City. We would > >review and approve your proposed letter prior to it being finalized. > Since > >this approach worked for Hudson, I'm not inclined to recommend that the Page 2 of 4 > >ordinance be revised. Others would be dealt with on a case-by-case > basis. > >As to your second proposal, I have previously discussed the type of > >revision with the City staff and my impression was that they were not > >inclined to support it. Of course, you are welcome to propose these > changes > >at the hearing on Tuesday. > >Paul E. Rosenthal > >Orlando Office >• » Original Message > » From: Robert Merrell [SMTP:rmerr@ccb.com] > » Sent: Friday, June 11, 1999 3:22 PM > >> To: prosenthal@fgleylaw.com > » Cc: dlacr@ccb.com; cwatt@ccb.com; jhenninq@foleylaw.com > » Subject: Ocoee Impact Fee Ordinance - No. 99-24 »> > >> Hello Paul, »> > » I represent Fred Hudson of Hudson's Furniture, who is in the process of > » developing a furniture store in the City of Ocoee. I believe you are > >> aware of some of Mr. Hudson's concerns about the pending amendments to > the > » City's road impact fee ordinance, which is scheduled for second reading > >> next Tuesday. You may recall that my partner, Allen Watts, attended > the > » City Commission meeting last Tuesday to discuss the proposed ordinance > as > >> it relates to the development plans for the new Hudson's Furniture > store > >> in Ocoee. »> > >> Essentially, Hudson's believes that the general retail classification > » which would be applied to them under the impact fee schedule would > » overestimate the actual number of trips attributable to their store by > >> several times. They are aware of the "alternative fee calculation" > » provision found in section 87-5 of the existing and proposed ordinance. > >> They have confidence based on traffic studies they have done in other > » jurisdictions, that the actual impact fee could be reduced through a > >> specific study as provided in section 87-5. However, in discussing the > » alternative impact fee calculation with the city staff, two issues > arose. > » > » The first issue involves the timing of the development and review of an > » alternative impact fee study. We believe that time it will take to > » develop the necessary study to support the alternative fee, and the > time > >> required for the city's review the study may delay construction of the > >> store by several months. Hudson's is prepared to pay the fee in > >> accordance with the fee schedule in the ordinance as long as it has the > » opportunity to receive a refund of any portion of the fee which the > city > >> determines to be due based on the alternative fee calculation. I > » understand the city to be in agreement with this concept, but the > >> ordinance does not currently provide a mechanism. »> Page 3 of 4 > » I propose adding the following language as a new paragraph "F" in > section > » 87-5 of the ordinance" »> > » "F. If an applicant pays its road impact fee as required by section > 87-3, > >> in accordance with the road impact fee schedule set forth in section > 87-5 > » herein, and the applicant submits an alternative road impact fee > >> calculation pursuant to this section within one year after payment of > the > » road impact fee, the applicant shall be entitled to a refund from the > City > » of such portion of the fee which was paid in excess of the alternative > fee > » calculation as approved by the City Commission in accordance with this > » section." »> > >> (feel free to massage this as needed) »> > » The second concern is the seemingly restrictive language of section > » 87-5(D) as it applies to the alternative fee calculation methodology. > » That paragraph appears to say that the road impact fee study for the > » project needs to take into account the most intense use that could be > made > » of the property, regardless of the applicant's intended use. However, > it > >> speaks to the most intensive use permitted under: »> > » "the applicable land development regulations, such as the > Comprehensive deed or plat > >> Plan or zoning regulations, or under applicable > >> restrictions." »> > >> I understand the city's concern that uses may change and the > alternative > >> impact fee calculation for the initial use may not be valid for a new > » (more intense) use. This is a valid concern, but I believe it can be > » handled short of ictions, which become a > >> cumbersome and potent'iallly confu deed or sing cloudlat on the t tle. Isuggest > that > >> the development agreement provided for in section 87-6 of the ordinance > » would provide a mechanism for the developer to commit to the city that > the > » use would remain the same as the use which was the basis for the > » alternative impact fee calculation, and if that use changes, the impact > >> fee will need to be re-calculated based on the new use. This agreement > >> could be recorded, so it would have the same legal effect as a deed or > » plat restriction, but it would be more descriptive, and more easily > >> understood and enforced by the city in the future. It would of course > » apply to the developer and its successors or assigns. »> > » I suggest the following implementing language be added to the end of > » section 87-5(D): »> > >> "...or Development Agreements entered into pursuant to section 87- > » herein." Page 4 of 4 >>> > » I am sorry for the eleventh hour introduction of this language. > However, > >> I believe it is consistent with the intent and purpose of the ordinance > » and the sentiments of the City Commission as I understood them through > » Allen Watts' participation in last week's meeting. >>> > >> I want to sincerely thank you in advance for taking the time to > consider > >> these items. I hope we are able to talk about them before the meeting > » next Tuesday. If not, please feel free to respond to me a > » "rmerr(a)ccb.com". I plan to attend the meeting next Tuesday as well. »> > >> Regards, Rob Merrell