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HomeMy WebLinkAbout12-02-08 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida December 2, 2008 AGENDA 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum \ B. PRESENTATIONS AND PROCLAMATIONS Ocoee High School Booster Aquatic Club - Lisa Holzworth Presentation of "The Joey Award" for 2008 to Mark Johnson - Autism and Related Disabilities Gym Program Presentation by Firefighters Local 3623 Regarding Funds Raised at Golf Tournament for B.A.S.E. Camp Children's Cancer Foundation. Staff Presentation of Water Conservation Ordinance Programs, Seeking Direction of Commission. (Utilities Director Smith) The City of Ocoee's groundwater supply, like all of Central Florida's communities, is fmite and the City must take steps to control it through conserving its usage. To accomplish this goal, Staff will present to City Commission the underlying premises for a new Water Conservation Ordinance that should ensure a successful water conservation program. Such premises shall include adoption of WaterStar™ program for new residential properties, establish water budgets based on an allowable annual irrigation depth-coverage, providing for a reward/incentive program for customers adhering to the water budget program, revising the watering violation procedures and limiting hours of irrigation. I C. COMMENTS FROM CITIZENS/PUBLIC I D. COMMISSIONERS ANNOUNCEMENTS E. 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 and Acceptance of the Regular City Commission Minutes of November 18,2008. (City Clerk Eikenberry) 2. Reappointment of Trustee for the Police Officers' /Firefighters' Retirement Trust Fund. (City Clerk Eikenberry) Trustees for the Pension Boards serve two-year terms. Two of the trustees are appointed by the City Commission, two are elected from the employee body, and the fifth trustee is chosen by those four trustees and presented to the City Commission for certification of the appointment as a ministerial act. Trustees of the Police Officers'/Firefighters' Retirement Trust Fund respectfully request this Commission to certify the reappointment of Nora Gledich to serve another term ending September 30, 20 I O. Trustee Gledich has indicated she is willing to serve another term if appointed. At this time no other applications were received for serving on this board. City Commission Regular December 2,2008 3. Removal of Member from Parks and Recreation Advisory Board for Non- Attendance. (Parks and Recreation Director Hayes) Mr. Joseph (Jay) Hembree was appointed to the Parks and Recreation Advisory Board October 2006. The board currently consists often (10) members and require that six (6) be present to make a quorum. The Parks and Recreation Advisory Board is working on several issues that require member participation and commitment. Mr. Hembree has been absent seven (7) out of seven (7) meetings. At its meeting on November 17, 2008, the Parks and Recreation Advisory Board voted to remove Member Hembree for non attendance. 4. Approval of Change Order No. 3 for Phase 2 of the Lakeshore Drive Improvements Project to Provide for Adjustment of Final Quantities and to authorize the Funds Required to Implement the Change Order. (City Engineer Wheeler) As is normal City practice, the construction contract for improving Lakeshore Drive and adjacent Bill Breeze Park is of the unit-price form. This means that a change order is expected at the end of the project to reconcile the bid quantities with the installed quantities. This Agenda Item presents the closeout change order for the project. There were increases in curbing, sidewalk, trees, shrubbery, and sod above the bid quantities, and several items were added to the project to accommodate new requirements, such as St. Augustine sod, a drip irrigation system for the new trees, and temporary Founders' Day vendor electrical connections. Foundations and footers are also being provided for lighted bollards lining the new shoreline sidewalk and the three new picnic shelters. To fund the change order, staff recommends that the City Commission approve the additional allocation of $29,758.73 from the Park Impact Fee Fund. 5. Approval to Piggyback Tire Recapping Contract for FY 2008-2009. (Public Works Director Krug) The Fleet Division budget for Fiscal Year 08/09 includes the replacement of heavy truck tires. The City has researched pricing and found Boulevard Tire Center provides the lowest pricing available through the School Board of Broward County, Florida contract number 28-061X. This contract is valid through September 30, 2009. The majority of the heavy truck tires replaced during the year are for the Sanitation Division's fleet. 6. Award of Bid #B09-01 (Re-Bid) Interior Renovation of New Police Headquarters. (Purchasing Agent Tolbert) The Public Works Department and Finance Department have reviewed all bids. The low bidder, Southern Building Services', original bid of $449,366 was over budget. During contract negotiations, staff was able to lower the contract price by $60,933 by obtaining a lower quote for the Security and CCTV portion and negotiating down the General Conditions portion by 19%. Staff recommends awarding the bid to Southern Building Services, Inc. as the most responsive and responsible bidder for the amount of $388,433. This amount and other project costs including moving, evidence lockers, generator refurbishment and relocation, telecommunication costs, landscaping, etc. would be funded from the funds remaining from the existing loan used to purchase the building ($258,634), impact fees ($150,000), salary savings from vacant positions in the Police Department ($49,000), and contingency ($6,500). Total project cost: $464,134. I F. SECOND READING OF ORDINANCES - PUBLIC HEARING 7. Ordinance Regulating Bowfishing. (Advertised in the Orlando Sentinel Legal Classified on Sunday, November23 , 2008) (Deputy Police Chief Goclon) The City of Ocoee desires to ensure the safety of children and other persons making use of lakes within the city and has determined that the unregulated practice of bowfishing at those lakes poses a threat to the continuing safety of those children and other persons in close proximity of the bowfishing activity. An ordinance is proposed to regulate distances, locations, and types of equipment related to bowfishing. Page 2 of5 City Commission Regular December 2, 2008 8. Tree City Initiative a. Adoption of Ordinance Regarding Trees on Public Lands. (Advertised in the Orlando Sentinel Legal Classified on Sunday, November 23, 2008) (parks and Recreation Director Hayes) The importance of trees to the community has been expressed by the City Commission for some time, along with its desire to obtain the Tree City USA designation from the National Arbor Day Foundation. In recognition of this sentiment City Staff has developed an ordinance for consideration that is intended to protect trees on public property and meet the requirements for Tree City USA recognition. The intent and purpose of this ordinance is to regulate and establish policy for the control of planting, removal, maintenance and protection of trees and shrubs in or upon all public lands to eliminate and guard against dangerous conditions which may result in injury to persons using the streets, alleys, sidewalks, parks, or other public lands; to promote and enhance the beauty and general welfare of the City; to prohibit the undesirable and unsafe planting, removal, treatment and maintenance of trees and shrubs located on public lands; and to guard all trees and shrubs both public and private within the City against the spread of disease, insects or pests. The ordinance applies to trees and shrubs planted or growing in or upon public lands, and also to trees and shrubs growing or to be planted in or upon any private premises which shall threaten the life, health, safety or welfare of the public using public lands. b. Approval of Application & Resolution for Tree City USA Designation for 2008 (Not a Public Hearing). The City staff is requesting that the Honorable Mayor and City Commission authorize the submission of an application to the National Arbor Day Foundation for consideration of the City of Ocoee being designated as a "Tree City USA" community. Over the past several years the City has been actively involved in maintaining, restoring and expanding its urban forest in an effort to promote the City as a desirable place to live and conduct business. The National Arbor Day Foundation's "Tree City USA" program recognizes a community's commitment toward better care of its community forest and contributing to a safer and healthier urban forest. Tree City USA recognition also helps present the kind of image that most citizens want to have for the place they live and work. In order for a community to qualify for "Tree City USA" designation it must meet four requirements as established by the National Arbor Day Foundation that include: I) have an annual Arbor Day observance and proclamation; 2) spend at least $2.00 per capita on tree-related activities and programs; 3) have a tree ordinance; 4) designate a board or departments to be responsible for the care and management of the community's trees. 9. Red Light Cameras a. Red Light Enforcement Camera Ordinance. (Advertised in the Orlando Sentinel Legal Classified on Sunday, November23 , 2008) (Police Chief Brown) The City of Ocoee desires to ensure the safety of the citizens that travel the roadways within the city limits. The disregard of traffic control signals within intersections poses a threat to all citizens which travel our roadways. Of the 86 traffic crashes for the month of October, 28 were at intersections. This ordinance is proposed to assist with traffic light safety to provide a uniform means to implement a Traffic Control Signal Monitoring System/Device. This system is in use throughout the State of Florida, as well as neighboring communities such as City of Apopka, City of Orlando and Unincorporated Orange County. The purpose of this Ordinance is to authorize the use of an unmanned cameras/monitoring system to promote compliance with red light signal directives as prescribed by this Ordinance, and to adopt a civil enforcement system for red light signal violations. This Ordinance shall be supplemental and in addition to any other applicable law and shall not supersede, infringe, curtail or infringe upon state laws related to red light signal violations or conflict with such laws. Page 3 of5 City Commission Regular December 2, 2008 b. Approval to Piggyback Palm Coast Red Light Enforcement Contract (Not a Public Hearing). The City of Ocoee desires to ensure the safety of the citizens that travel the roadways within the city limits. The disregard of traffic control signals within intersections poses a threat to all citizens which travel our roadways. With a traffic light safety ordinance in place the next step is the selection of the most responsive and responsible vender with a proven track record in the state of Florida. Currently American Traffic Solutions (A TS) has the most contracts awarded in the State of Florida. After review of this and other red light enforcement contracts and systems, staff recommends piggy backing the contract currently in place in Palm Coast. The length of the agreement is three (3) years. There will be no initial cost due from the city to the contractor. The operation of the system will be paid through a $40.00 fee per citation paid to ATS. I G. REGULAR AGENDA I 10. Fire Service Fee - Resolution of Intent to Use the Uniform Method of Collection Non-Ad Valorem Special Assessments. (Advertised for Public Hearing in the Orlando Sentinel Legal Classified on November 7, 13, 20 and 27). (Assistant City Manager Croteau) Last fiscal year, the City of Ocoee took the steps necessary to develop and implement a non-ad valorem assessment program to fund fire services. These steps included adopting a Resolution of Intent to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments, adopting an Ordinance authorizing the imposition of the assessment, and adopting both a preliminary and fmal fee resolution. The City took all the necessary steps to implement the fee but set the rate at zero. Therefore, the fee did not appear on the 2008 tax bill. To provide the City with the most flexibility possible and preserve our right to implement the fee for next year, both Government Services Group and the City Attorney have advised that although the ordinance and fee resolutions remain in effect, the Resolution of Intent to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments should be re-adopted. The Resolution needs to be adopted and transmitted to the Tax Collector by December 31. The decision as to whether a fire a fee would be imposed at a rate other then zero for fiscal year 09/10 is not being addressed at this time. This discussion will occur during next year's budget process. 11. Report to the City Commission from the Charter Review Commission Regarding Suggested Changes to the City Charter. (City Clerk Eikenberry) Pursuant to Section C-60 of the City of Ocoee City Charter, a Charter Review Commission shall be appointed no less than once every ten years and shall submit a report to the City Commission Section C-62 states, "Within two (2) months of the receipt of any such report, the City Commission shall accept or reject the recommendations contained therein, or the City Commission may send such report back to the Charter Review Commission for further study and consideration. Any proposed Charter amendments accepted by the City Commission shall be adopted by ordinance and submitted to the electors of the city for consideration no later than the next general municipal election or at a special election called by the City Commiss ion for such purposes. " The Charter Review Commission held numerous meetings between April - December 2008 and have recommended the attached changes to the City Charter. 12. Consideration of Observing Veterans' Day as a Holiday. (City Clerk Eikenberry) Section 8.01 of the Personnel Rules and Regulations (attached) lists Holidays that will be observed annually in the City of Ocoee. At the November 18, 2008 Commission Meeting the Commission approved the regular holiday schedule, but requested that the issue of Veterans' Day be considered at a later date. Attached is a survey of other city's observance of holidays as submitted by HR Director Carnicella. Page 4 of5 City Commission Regular December 2, 2008 I H. STAFF REPORTS I I. COMMENTS FROM COMMISSIONERS I 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. Page 5 of5