HomeMy WebLinkAboutItem #06 Program to Implement Residential Construction & Demolition Debris Franchise
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AGENDA ITEM COVER SHEET
Meeting Date: June 17,2008
Item # <.t,
Contact Name:
Contact Number:
Stephen C. Krug
6002
Reviewed By:
Department Director:
City Manager:
Subject: Program to Implement Residential Construction & Demolition Debris Franchise.
Background Summary:
The Commission directed Staff to proceed with an RFP for Commercial Solid Waste Services at the June
3, 2008 Commission meeting. The discussion preceding Commission direction included the status of
franchising the residential construction & demolition debris (C & D) service.
The process of establishing a residential C & D franchise involves three steps per the Florida Statutes:
1. The City must send notification letters to all known and registered haulers to serve as the 45-day
written notice of a public hearing for potential displaced private companies due to franchising the
service.
2. The City has one (1) year from the date of the notification letters to elect to provide a non-
exclusive franchise.
3. If the City elects to franchise the service, the City would give a 3-year notice to all existing service
providers of the change in service. The existing providers could operate for 3 years without
providing a franchise fee to the City. At the end of the 3-year period, the franchise would become
exclusive.
The City began the residential C & D franchising process on December 6, 2004, by sending the 45-day
notification letters to all known and registered haulers to serve as written notice to potential displacement
as required by Florida Statutes. The City held the required public hearing on February, 1, 2005, at which
time no one from the public voiced any comments. The City did not elect to proceed with the franchise
prior to the expiration of the one year time period.
Staff is requesting Commission direction on one of the following three options for residential C & D within
the City:
1. Maintain the current un-franchised service where all vendors are allowed to provide the service.
2. Proceed with an exclusive franchise as part of the CommerCial Solid Waste RFP providing a
single vendor.
3. Proceed with a non-exclusive franchise where a specified number of vendors are permitted. to
provide the service, including the Commercial Solid Waste provider.
Issue:
Should the City Commission direct staff to proceed with implementation of residential C & D franchise.
Recommendations
Staff is requesting City Commission direction to proceed with the implementation of a residential C & D
franchise.
Attachments:
Ocoee City Commission Minutes from February 1, 2005.
Financial Impact:
Additional franchise revenue in future years.
Type of Item: (please mark with an "x'J
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
x Discussion & Direction
For Clerk's DeDt Use:
_ Consent Agenda
_ Public Hearing
_ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
diM
N/A
N/A
N/A
2
MINUTES
OCOEE CITY COMMISSION
February 1, 2005 at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
I A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission
Chambers of City Hall. Commissioner Parker led the Invocation and Boy Scout Troop 198
led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a
quorum present.
Roll Call: Mayor Vandergrift, Commissioner Anderson (arrived at 7:22 p.m.), Commissioner
Howell, Commissioner Johnson, and Commissioner Parker.
Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry.
I B. PRESENTATIONS AND PROCLAMATIONS
Presentation of Chair to Retired orc. William Simon. (Police Chief Goclon)
Proclamation - Black History Month.
I C. ArborDav2003.htmCOMMENTS FROM CITIZENS/PUBLIC
None
I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Parker - advised of the 4th Annual Wine Tasting Event by the Rotary Club on
February 26, 2005, and the Volunteer Appreciation Dinner for City volunteers and board
members, also on February 26,2005. She said those who are unable to attend the Wine Tasting
can still participate in the raffle drawing for a trip for two to San Francisco, which includes hotel,
rental vehicle, and wine country excursions.
Commission Johnson - none
Commissioner Anderson - asked Public Works Director Zaitooni to explain the work being
done on Silver Star Road this week. Mr. Zaitooni explained that DOT is working to repair
shoreline erosion along the north side of Starke Lake that was affecting the Silver Star Road.
Commissioner Howell - reminded residents of the Super Bowl Party at the City gazebo on
Sunday, February 6,2005, at 5:00 p.m. It is free to residents and there will be a barbeque.
Mayor Vandergrift - 1) displayed and read a plaque presented to the City from the Ocoee
Bulldogs, 2) gave the City Manager a Project Memorandum from PEC regarding the
determination of the trophic state index for selected lakes within the City of Ocoee, he would
like the engineers give a presentation at a future Commission meeting to help determine the best
way to preserve the lakes, and 3) reminded everyone to cast ballots for the naming of the new
high school, ballots are located at City facilities and should be turned in to the City Clerk's
Office.
City Commission Regular Meeting
February 1, 2005
I E. CONSENT AGENDA
1. Consideration of Approval of Community Merit Awards - November 2004 Cycle.
(Assistant to the City Manager Shira)
The application window for this cycle was November I through November 30. The City received 12
applications. The Community Merit Awards Board respectfully recommends funding the applications for a
total of $5,000 this cycle. This will leave $5,000 for the second cycle, which takes place in April.
2. Consideration of Additional Travel Funds For Political Consultant Louis Rotundo.
(City Manager Frank)
Mr. Rotundo attended more legislative meetings than anticipated, therefore excccding the travel allowance of
$2000 for the ycar 2004. Additional required funds of$1l5.76 from commission contingency is needed to
pay the balance of Mr. Rotundo's travel for 2004.
3. Consideration of Piggyback of Seminole County Contract A1B-378-99, Term Contract
for Hot & Cold Asphalt Concrete; and Approval to Award Resurfacing Projects to
Orlando Paving Company for 5158,298. (Public Works Director Zaitooni)
The City's current fiscal year budget contains a list of resurfacing projects for implementation. Staff
evaluated the current active governmental contracts and received quotes from Orlando paving Company and
Ranger Construction based on the governmcntal contracts. Staff is requesting City Commission to: a)
approve use of Seminole County Annual Bid A/B-378-99/GMG, b) to award the project for $158,298 to
Orlando Paving Company and, c) approve a contingency amount of$3,000.
4. Consideration of Metropolitan Bureau of Illvestigation/Florida Department of Law
Enforcement MlItualAid Agreement. (Police Chief Goclon)
The Mutual Aid Agreement between the member agencies of the Metropolitan Bureau ofInvestigation and
the Florida Department of Law Enforcement expired December 1, 2004. The Metropolitan Bureau of
Investigation (of which the Ocoee Police Department is a member) would like to renew its Mutual Aid
Agreement with the Florida Department of Law Enforcement through December 1,2007.
5. Consideration of Data Sharing Consortium Agreement. (Police Chief Godon)
The Cooperative Research Agreement for the Public Safety Technology Center at the University of Central
Florida (Data Sharing Consortium) allows member law enforcement agencies to have access to law
enforcement computer files of its fellow members. The information can be used to prevent and solve crimes.
The Honorable Mayor and Board of City Commissioners approved the purchase of the server required to
become part of this consortium in the FY2004/2005 budget. The amount authorized was $15,705. The
server, software, and associated costs totaled $13,273.76, leaving $2,431.24. It is requested that $1,699.67
from the remaining $2,431.24 be authorized to pay for the annual maintenance fee/membership costs to UCF
as the sole source for this program.
6. Consideration of Award of Bid #B05-05t Fuel Storage & Pump Station. (Purchasing
Agent Tolbert)
This fiscal year's budget contains $75,000 for the complete installation of a new fuel storage and pump
station to be located at the Public Works Facility, 301 Maguire Road. The bid was publicly advertised on
December 5, 2004, and opencd on January 13, 2005. There were three (3) responses to this bid and staff
recommends awarding the bid to American Compliance Technologies, Inc. as the most responsive and
responsible bidder
7. Consideration of 4-Year LeaselPurchase with Suntrust Leasing Corp. for New
Citywide Vehicles and Equipment; and Authorization of Use of Various
Governmental Contracts for the Procurement of these Vehicles and Equipment.
(Purchasing Agent Tolbert)
Authorization is needed to piggyback the FSA and FDOT contracts for the lease-purchase of the vehicles and
equipment listed. Authorization is also needed to declare Heintzelman's Ford as the best source vendor for
the purchase of the dump truck and claw truck. The dump truck came in over budget; therefore, authorization
is needed for a budget transfer in the amount of$I,797.00 from the Right-of-Way Maintenance account to the
Streetsffraffic account. It is also the intent of Staff to consolidate the financing for the vehiclcs and
equipment being purchased in order to realize a savings on the interest rate. This lease-purchase agreement is
for four (4) years, and is the second of two lease agreements needed to complete the fmancing for the current
year budgctcd city vehicles and equipment.
Page 2 of6
City Commission Regular Meeting
February 1, 2005
8. Consideration ofR'm~wal of Sludge Hauling Contra~t! (Gity Engineer Wheeler)
The City of Ocoee is currently engaged in a contract with Shelly's Septic Tanks to haul dewatered sludge
from the Wastewater Treatment Plant located at 1800 A.D. Mims Road to their disposal and treatment facility
located at 104 E. Ponkan Road, Apopka, Florida. This contract will expire February 28, 2005. The existing
contract has a provision in which the contract terms and conditions can be extended for a two-year period,
which would enable the City of Ocoee's Wastewater Department to continue with the same contract without
having to formally rebid the work. Shelly's is also requesting an increase of 3%, which is also a condition
under the current approved contract with the City of Ocoee.
Consent Agenda..Vote:
Commissioner Anderson. seconded by Commissioner Howell. moved to pass
Consent Agenda Items #1 - #8 as presented. Motion carried 5-0.
ADD. ON ITEM - Donation to Winter Garden BPOE
Commissioner Johnson asked if the Commission would consider donating money to
the Winter Garden BPOE (Elks Lodge) Charity Ball again this year. Ocoee residents
are involved in this organization.
Commissioner Johnson. seconded by Commissioner Anderson. moved to
contribute $1000.00 to the Winter Garden Elks Lodae #2165 to be taken from the
same commission budget line Item as last year. Motion carried 5-0.
I F. PUBLIC HEARINGS
Oeoee Busine~~. ratrk.-...Phase 1, Lot 2 - PrelinlinarylFinal (Large Scale) Site Plan.
(Senior Planner Fabre)
The proposed Ocoee Business Park Site Plan will be anindUStriallcommereiaI fle:l{spa.cepark, located in
Ocoee Busine~~Park Subdivision Phase I onl..ot2. The site itself consistliofappcoxilDately 6.84 acres and is
siWll.~d()rithe west side of f:JM Bowness Road approximatelyJ,375 feet south of. the Fl'llriklin Street
intersection. There will beatgt!llof(4) four 30,000 squarefeet,Qne.,story, structures on the site consisting of
a combined total of 120,000squmfeet of industrial/commel'cialflex space.
Senior Planner Antonio Fabre gave a presentation on this item and described infrastructure
items such as water retention, landscaping, sitting areas, and bicycle racks that will have to be
completed before the CO is issued.
C. Bruce Gordy, representing Ocoee Business Park, stated his case.
Commissioner Johnson. seconded by Commissioner Howell. moved to approve
the Preliminary/final (Large-Scale) Site Plan for Ocoee Business Park. Phase 2.
Lot 2. with landscaping reaulrements per staff recommendations.
Commissioner Anderson made a motion to amend the original motion to include
that the building permit would not be Issued until road improvements alona HM
Bowness Road were completed. Motion died for lack of second.
After discussion. a vote was taken on the original motion. Motion carried 4-1.
with Commissioner Anderson opposed.
. Page 3 of 6
City Commission Regular Meeting
February 1, 2005
10. ConsideJ'llt!(m:9t'PotelltiilSolid Waste Collection Changes > Within the City LilDits.
(Pu.blicWol'lu Director Zaitooni)
Th currently has a commercial franchise for thecollectipnan4(lisposal of the debris from commercial
es entswithin the City limits. City wishes to ueandenactaresidentialconstruction and
demolition debris (C & D) franchise as provided ~tChapter 143 ofOcoee City Code. A notification
letter to all known haulers wasmlliled()n December 6, 2004, to serve as the 45-day written notice to potential
displaced private companies 1lS requited by Section 403.70605(3)(b)(2), Florida Statutes.
Public Works Director Zaitooni explained the options to be considered in order to proceed
with residential construction and demolition debris franchise, as provided for under recent
amendments under Chapter 143 of the Ocoee City Code. The current franchise expires August
2006. There is a potential opportunity to combine commercial and residential C&D services
upon expiration of the current commercial franchise contract. City Attorney Rosenthal said
this Public Hearing discharges the obligation to give notice to current haulers, all of who
received a letter that the City is considering this. Another letter should be sent out when
something is going to be implemented, advising them of the start date of the program.
Mayor Vandergrift requested that Public Works Director Zaitooni bring back information
regarding the cost to provide commercial services in-house, and if it would be able to pay for
itself and pay some of the cost of residential services to keep those rates moderate.
City Attorney Rosenthal said all of the logistics need to be worked out. The commercial rates
were previously established as a result of a bidding process, and then incorporated into a
resolution. He also stated that the time "frame starts from the date of the implementation notice,
not the hearing date. If a company is currently providing service in the City of Ocoee there are
statutory protections saying the City cannot adopt a franchise and displace you from that service
for three years from the date of the Notice to the Providers. This Public Hearing is not that
notice. There will be a period of time over three years where the City will have franchised and
unfranchised, regulated and unregulated haulers in the City. There is a provision where the City
or another franchisee may "buyout" one of the unfranchised haulers if it makes economic sense.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Mayor Vanderarift. seconded by Commissioner Johnson. moved to direct staff to
proceed with residential construction and demolition debris (C & D) franchise in
the City Limits and develop a service plan based on unlimited haulers, limited
haulers. and in-house service. and establishment of appropriate service and
franchise fees. Motion carried 5-0.
Page 4 of6
City Commission Regular Meeting
February 1, 200S
I G. REGULAR AGENDA
11. Discussion re: Mosquito ControL (Pub He Worb Director Zaltooni)
The community and the City Commission had requested statT to evaluate the potential and the feasibility of
implementing a mosquito control program within the City limits. Staff contacted Clarke Mosquito Control to
provide a feasible program to address the issues in the City. aarke has provided a proposal for consideration
by the City. A mosquito control program will cost between $76,000 to $150,000 annually depending on
services requested.
Lengthy discussion ensued regarding 1) receiving some tax money from the County for taking
over mosquito control in our City, 2) spraying on demand for special events, 3) what type of
chemicals will be used, 4) if chemicals will be harmful to other insects such as butterflies,S)
how much of a reduction in mosquitoes will occur, and 6) requesting information as to where
and when the sprayings will occur. Public Works Director Zaitooni said this item would be
brought back in March.
Commissioner Johnson. seconded by Commissioner Parker moved to direct staff
to bring back a contract for aooroval. with services uo to $50.000.00. orovldlna
Information on the scooe of services that will be orovlded by Clarke MOSQuito
Control. and olggybacklng off of the current contract from Seminole County.
Motion carried 5-0.
I H. STAFF REPORTS
none
I I. COMMENTS FROM COMMISSIONERS
Commissioner HoweU- none
Commissioner Parker - none
Commissioner Johnson - 1) asked Public Works Director Zaitooni to look into street lights on
McGuire Road from Moore Road to the City Limits, Mr. Zaitooni said he would get with
Progress Energy for cost estimates and bring back a report. The street lights on Silver Star Road
are also in progress, simultaneously with lights being placed on Highway 50, 2) asked about
Thornbrook Road to which City Manager Frank said that Parks and Recreation Director
Farmer will be handling that.
Commissioner Anderson- said he is in the process of scheduling a meeting with the developers
of Forestbrooke to discuss the swing gates and fencing concerns brought up by residents at the
last Cormmssion meeting.
Mayor Vandergrift- 1) reminded everyone to vote for the name and mascot of the new high
school, 2) read a letter from resident Eric Barnett regarding a problem he is having with roofing
work that was done at his residence on 2617 Greywall A venue and questioned the way the City
handled the inspection process. BuDding Official Phelps explained what has occurred thus far
and said the issue will be discussed in greater detail with the City Manager and City Attorney on
Thursday. City Attorney Rosenthal advised that the Cormnission does not have the authority to
direct the Building Official on how to handle individual cases.
Page 50f6
City Commission Regular Meeting
February 1, 2005
I ADJOURNMENT
The meeting was adjourned at 9:27 p.m.
Attest:
APPROVED:
City of Ocoee
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