HomeMy WebLinkAbout04-06-10 Agenda
OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
April 6, 2010
AGENDA
7:15 P.M.
REGULAR CITY COMMISSION MEETING
I A. CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
I B. PRESENTATIONS AND PROCLAMATIONS
Presentation for the Retirement of Fire Battalion Chief Ledford (Fire Chief McNeil)
Acceptance of Donation from Manheim Auto Auction for the Ocoee Fire
Department "Fully Involved Program" (Fire Chief McNeil)
Proclamation of April as Water Conservation Month (Utilities Director Smith)
I C. COMMENTS FROM CITIZENS/PUBLIC
I D. STAFF REPORTS AND AGENDA REVIEW
I E. COMMISSIONERS ANNOUNCEMENTS
F. CONSENT AGENDA
ALL MATIERS 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 Regular City Commission Minutes Held on March 16, 2010.
(City Clerk Eikenberry)
2. Appointment to the Code Enforcement Board. (City Clerk Eikenberry)
The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of
this board is to review infractions of the City technical Codes, negotiate compliance and impose fmes
for failure to comply. The Code Enforcement Board is to have seven (7) regular members and two (2)
alternate members, all with three year terms. There is currently one (1) alternate member position
open. An Application has been received by Carole Arney who has shown an interest in being
appointed to the Code Enforcement Board for a term ending June 2013. There are no other
applications on file to fill the board opening.
3. Reappointment to the Personnel Board. (City Clerk Eikenberry)
In accordance with Section C-30 Charter of the City of Ocoee the Personnel Board shall consist of at
least one (1) city employee, one (1) City Commissioner, one (1) person who holds a management
position with the city and one (1) citizen of Ocoee who is not employed by and does not hold office
with the city. The Personnel Board has not met since 2007 and, therefore, terms of all members have
expired. At the March 16, 2010, Commission meeting, Commissioner Hood was reappointed to this
Board. All other members of the Board have expressed an interest in serving another term.
City Commission Regular
April 6, 2010
4. Approval of Resolution Authorizing Memorandum of Agreement for FDOT
Right of Way Maintenance. (Public Works Director Krug)
The current Maintenance Memorandum of Agreement between the FDOT and the City will expire on
April 30, 20 I O. FDOT is requesting to enter into a new contract for the City to provide maintenance
activities for the portions of SR 50, SR 437 and SR 438 within the City limits. This new contract will
be for a three year term with a renewal option for one additional three year term. The new FDOT
contracts no longer contain a 3% annual escalation clause; however, the new contract amount has been
increased by 13% over the existing agreement value. The new fixed annual contract amount of
$41,380.00 will provide the City with an additional $4,576.00 over the term of this agreement
compared with the current expiring agreement. Public Works recommends approving the new Right of
Way Maintenance Memorandum of Agreement with the FDOT.
5. Approval of SunTrust Bank Schedule 15 Lease Purchase of Four LifePak 15
Monitor/Defibrillators. (Fire Chief McNeil)
The budget for fiscal year 09/10 contains $27,775.00 for the purchase of one (1) new LifePak 15
Monitor Defibrillator. The current fully equipped unit price is $32,510.00. Due to a previous trade-in
agreement with the vendor/manufacturer, the Fire Department has the opportunity to purchase four (4)
fully equipped LifePak 15s for $111,046.40. Staff recommends that the City Commission approve the
purchase from Physio Control as a proprietary vendor and approve the associated Lease-Purchase
Agreement Schedule No. 15 with SunTrust Bank for the four (4) new LifePak MonitorlDefibrillator to
enhance and expand the fire Department's Advanced Life Support EMS Program.
6. Approval of Resolution Amending Resolution No. 2007-006 - Parks and
Recreation Fee Schedule. (Parks & Recreation Director Hayes)
The Parks and Recreation Department offers a variety of programs and services at the Family Aquatic
Center for which fees are charged, these include: daily admission fees, swimming lesson fees, cooler
fees, rental fees, etc. Fees are charged to recover the direct costs of providing these services and
operating the facility. In 2007, the City Commission approved the last fee adjustment for the programs
and services associated with the aquatic center. The Parks and Recreation Department has recently
completed a review of these fees and is recommending the adjustment of several of the fees in order to
continue to cover the maintenance and repair costs associated with the aquatic center. These
adjustments include increasing the price for daily admissions, swimming lessons, cooler fees, and pool
rental fee, and are included in the attached 2010 Family Aquatic Center Fee Schedule. Staff estimates
that with these recommended adjustments an additional $3000 to $4000 may be generated.
7. Approval for Disposal of Surplus Property. (Purchasing Agent Tolbert)
Staff requests that the City Commission: 1) Declare the items listed as surplus; 2) Approve George
Gideon Auctioneers for the public sale of the City's surplus property, Authorize staff to piggyback on
the Osceola County School Board's contract with George Gideon Auctioneers, and authorize execution
of the agreement between the City and George Gideon Auctioneers by the Mayor and City Clerk for a
term of one year; and 3) Approve the date of the City's auction with George Gideon Auctioneers as
April 17, 2010 at 9:00 a.m.
8. Special Event Permit - Request for Road, Boat Ramp, and Fishing Pier Closing
for Boat Race on Starke Lake.-(Building Official Washington)
In order to temporarily close a public street, Boat Ramp and Fishing Pier, the approval of the
Honorable Mayor and City Commission is required. Mr. William Tetro of U.S. Title Series has made
application to the City for a Special Events Permit for a Boat Race that would require the temporary
closing of a City owned street, Starke Lake Boat Ramp and Fishing Pier. It would also require the use
of the City Park and Community Center Parking Lot. The event will be held on April 16-18, 2010.
The street to be closed is a portion ofN. Lakeshore Drive.
9. Approval of Replacement of Sludge Belt Press for Wastewater Treatment Plant.
(Utilities Director Smith)
The Ocoee Wastewater Treatment Plant's existing sludge disposal method is accomplished by taking
liquid sludge at 1% sludge solids by weight, and pressing the sludge to 12-13% solids. The City's
existing press was placed in service in 1994 and has been experiencing continuous failures,
occasionally requiring sludge disposal through liquid hauling. The impact caused by the downed press
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City Commission Regular
April 6, 2010
and its age have necessitated a review of the City's disposal method. Staff is recommending the
purchase of the single/best source Ashbrook Simon-Hartley Press, Klampress@, 2.0 Meter with an
AB Conversion Kit, in association with its local factory sales representative, MTS, in the amount of
$395,000.
10. Approval of Compensation Adjustment to Diversified Drilling for Drilling of
Well #3 at South Water Plant. (Utilities Director Smith)
The development of a groundwater well is very speculative due to the variances in geological
conditions. Since underground conditions can change dramatically within feet, well drilling contracts
should be developed to accommodate adjustment. Unit-based bids should provide conditions to
address needed changes in well depth, extent of casing, grouting of encountered voids and location of
water yielding zone with acceptable water quality and quantity. It is not unusual that the development
of a well exceed 50% of the contracted price. Diversified Drilling Corp. was contracted in the spring of
2007 to drill well #3 at City of Ocoee's South Water Plant for an initial contract amount of $499,950.
During the work, changes in unit amounts increased the fmal amount of contracted items to $504,226
or an increase of $4,276. Clerically the increase was removed from the fmal invoice and later was
discovered that Diversified Drilling had not been compensated accordingly. Staff is recommending
City Commission approve payment for the additional work performed by Diversified Drilling Corp.
11. Approval of Third Addendum to Consulting Agreement With SMW
GeoSciences, Inc. (Utilities Director Smith)
The Utilities Department utilizes the consulting services of SMW GeoSciences, Inc., for assorted
projects throughout the year, such as receiving assistance for renewing and compliance of the
Consumptive Use Permit, Alternative Water Supplies planning and Water Conservation Program
assistance. The original agreement was executed on January 17, 2006 and was authorized for two
years, with a one-year extension executed on February 18,2008, and an Addendum executed February
3, 2009. Staff recommends extending the terms of the Agreement through January 17, 2011. The
Consultant is seeking no changes to the agreement or any increase to fees for services.
12. Approval Grant of $1000.00 Forfeiture Funds to Support Anti-Crime
Conference. (Deputy Police Chief Goclon)
Per Florida State Statutes 932.7055 "... Such (forfeiture fund) proceeds and interest earned therefrom
shall be used for ...crime prevention, safe neighborhood,...or for other law enforcement purposes...."
The 25th National Conference on Preventing Crime in the Black Community will be held in Orlando,
Florida on May 26-29,2010. The conference is a collaborative effort sponsored by Attorney General
Bill McCollum and the Orange County Sheriff's Office to foster communication and action among
practitioners through the sharing of innovative ideas and prevention strategies that have been
successful in the black community. Special attention is directed toward positive approaches to the
problems associated with juvenile crime. The Ocoee Police Department wishes to join with the ten
other Orange County law enforcement agencies and the numerous other agencies throughout the state
by granting $1000 in forfeiture funds to help support this conference.
13. Approval of Ocoee Crown Point PUD Modification of Permit for Wetlands
Mitigation and Surveying of Orange County Public School's Property. (City
Engineer Wheeler)
The City of Ocoee, in partnership with the Orange County Public Schools (OCPS), purchased the Coke
Property in 1998 with the intent of developing the property into a multi-use development consisting of
residential, commercial, and educational parcels some to be owned by the city and some to be owned
by OCPS. The City employed VHB, Inc. to plan and develop a joint master plan for the property and
to determine what permits would be needed from the St. Johns River Water Management District
(SJRWMD) and the Army Corps. of Engineers (ACOE) while working in and/or around the wetlands
adjacent to Lake Apopka and its tributaries. As part of the overall project, a wetlands mitigation plan
was proposed to SJRWMD and ACOE that would require mitigating some land adjacent to Staten
Branch, one of those tributaries, to offset the proposed work for the overall project. VHB, Inc. and the
City approached SJRWMD to review the site and the proposed plan and were able to develop an
alternative that would allow the wetlands mitigation to be performed as one process and would relieve
the City of the five year maintenance and monitoring program. VHB, Inc. has presented a proposal
that would cost $65,010.00 to complete the changes to the wetlands mitigation program to allow for
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City Commission Regular
April 6, 2010
preservation and offsite mitigation credits. The monies already budgeted to cover the five year
maintenance and monitoring would cover this new alternative. SJRWMD has been very receptive to
this new approach and have been asking about our progress. VHB also included a proposal in the
amount of $15,700.00 for the wetlands and boundary surveying as requested by OCPS. The total
amount of this work is $80,710.00, which is less than the remaining authorization amount of
$100,540.00. There are sufficient funds left in the Ocoee Crown Point Project budget to cover this
expense.
14. Approval of 2009-2010 Resurfacing Program Amendment. (Public Works
Director Krug)
The Commission approved the resurfacing program with The Middlesex Corporation on February 16th,
2010. Due to the condition of the existing pavement, the milling process removed several asphalt
scabs, requiring additional tonnage of new asphalt. The proposed estimate for this work was
$213,438.50. The additional cost to complete the project is $9,853.24, or less than 5%. Public Works
is requesting approval to increase the total cost of 2009-2010 resurfacing program to $223,291.74 with
The Middlesex Corporation based on the final verified quantities.
I G. FIRST READING OF ORDINANCE I
15. Proposed Amendment to Chapter 1 of the Code of Ordinances By Adding
Article III, Entitled "Administrative Service Charges" and Section 1-14 Entitled
"Lien Search Fees". (Second Reading and Public Hearing scheduledfor April 20, 2010, Regular
Commission Meeting at 7: 15 p.m. or soon thereafter). (City Clerk Eikenberry)
The City of Ocoee receives numerous requests for lien searches which consume a significant amount
of staff time in four departments with no current form of reimbursement to the City. In recent months
these lien search inquiries have skyrocketed due to foreclosures, short sales, and investors "flipping"
properties. During the fIrst three months of 2010, the City Clerk's office has coordinated and
responded to 175 requests for lien searches, which would average approximately 700 per year at that
continued pace. In addition to collecting a fee for the lien search, other cities have reported that
including any delinquent utility fees as part of the lien report procedure often assisted in collecting
such outstanding fees at closing even if no lien existed. Fees from other municipalities ranged from
$10 - $100. Staff recommends that the standard Lien Search Fee be set at $25, with a $75 fee for
expedited searches requiring a response in less than two business days.
I H. PUBLIC HEARING - NONE I
I I. REGULAR AGENDA I
16. Request for Reduction of Fine and Release of Lien Code Enforcement Board
Case No. 09-195 405 S. Bluford Avenue, Mary Kranz, Keller Williams Realty.
(Deputy Chief Stanley)
On June 2, 2009, Officer Bob Seigrist observed violations of city code on the property located at 405
S. Bluford A venue, Ocoee, Florida. The violations observed were failure to maintain overgrown
grass/weeds and abandoned or unsafe swimming pool. The occupant was given a Notice of Violation
to be in compliance by July 9, 2009. Property was re-inspected and found to be in Non-Compliance
and was presented before the Code Enforcement Board (CEB) meeting on July 28, 2009. The CEB
gave the occupant until August 14, 2009, to come into compliance or receive an order offme and lien
of $150.00 per day for the abandoned or unsafe swimming pool. The property was re-inspected on
August 18,2009, and found to be in Non-Compliance of the abandoned or unsafe swimming pool. An
Affidavit of Compliance was completed on February 16, 2010. A hearing before the CEB on March
23,2010, was heard for a reduction offme in the amount of$27,750.00. The Code Enforcement Board
recommended the fme be reduced to $2,500.00.
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City Commission Regular
April 6, 2010
17. Appointment of Commission Liaison to the Historical Committee. (City Clerk
Eikenberry)
I J. STAFF ACTION ITEMS
I K. COMMENTS FROM COMMISSIONERS
I ADJOURNMENT
PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTES 286.0105: ANY PERSON WHO DESIRES TO
APPEAL ANY DECISION AT TffiS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR TffiS
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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