HomeMy WebLinkAbout11-15-11 Agenda OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
November 15, 2011 AGENDA 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
B. PRESENTATIONS AND PROCLAMATIONS
Business Community Workshop Update. (Assistant City Manager Shadrix)
Presentation on Impact Fee Review. (City Planner Rumer)
Presentation on Haunted House Event. (Parks and Recreation Director Hayes)
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 Minutes for the Regular Commission Meeting Held November 1,
2011. (City Clerk Eikenberry)
2. Approval of Election Contract between the City of Ocoee and the Orange
County Supervisor of Elections Office for the January 31, 2012, Municipal
Election and possible Run -off Election on March 13, 2012. (City Clerk
Eikenberry)
The Orange County Supervisor of Elections Office submitted a contract for the January 31, 2012,
General Municipal Election, in which the City of Ocoee will piggyback with the Presidential
Preference Primary Election. The 2012 Vote Processing Equipment Use Agreement and Elections
Services Contract for Municipal Elections include affiliated costs in the event of a Run -off election on
March 13, 2012. No financial impact for the General Election due to piggybacking with Presidential
Preference Primary.
3. Appointment to the Human Relations Diversity Board. (City Clerk Eikenberry)
Members of the Human Relations Diversity Board serve two -year terms. Currently, the Human
Relations Diversity Board has seven (9) members and their resolution allows no less than seven (7)
members and no more than fifteen (15) members. One application was received from Ms. Michelle
Turner with an interest in serving on the board.
City Commission Regular
November 15, 2011
4. Approval of 2011/2012 Budget Vehicle/Equipment Purchase. (Public Works
Director Krug)
The City traditionally purchases vehicles and equipment through bids from the Florida Sheriffs
Association's annual contract. Public Works has researched pricing throughout the State and has
found the Florida Sheriffs Association continues to provide the lowest competitively bid pricing.
Public Works recommends approval to purchase the vehicles from the Florida Sheriffs Association
annual contract based on the 2011/2012 published pricing. Vehicles and equipment that are being
replaced will be declared surplus and auctioned.
5. Approval to Purchase New Police and Heavy Truck Tires and Sole Source
Heavy Truck Tire Recapping. (Public Works Director Krug)
The Fleet Division budget for Fiscal Year 2011 /2012 includes the replacement of Police vehicle tires
and heavy truck tires. The City has researched pricing and found Boulevard Tire Center provides the
lowest pricing available through the Florida Department of Management Services Contract No.: 863-
000-10-1 and the Florida Sheriffs Association's annual contract No.: 11/13 -05 -0120 for new Police
tires and new heavy truck tires. The majority of the heavy truck tires replaced during the year are for
the Sanitation Division's fleet.
6. Approval of Two -Year Warranty Surety and Maintenance, Materials, and
Workmanship Escrow Agreement with Classic Smiles, LLC. (City Engineer
Wheeler)
Classic Smiles is a small scale commercial development located at 2679 Maguire Road, adjacent to the
City's reuse pumping facility. The developer has completed construction of their building and related
infrastructure improvements and has requested a Certificate of Completion. The infrastructure
improvements that are being dedicated to the City are a gravity sanitary sewer, lift station, and fire
hydrant. As a requirement of the Land Development Code, the developer is required to furnish the
City a surety to cover any possible damages discovered during the next two years, should the
developer not choose to make those repairs. Classic Smiles has provided the City with a check in the
amount of 10% of the constructed improvements. The Maintenance, Materials, and Workmanship
Escrow Agreement acts as the executable document between the developer and the City in the event
that the surety is monetary. The surety will be returned to the developer upon completion of the two -
year warranty period and the repair of any damages caused over that two year period.
7. Approval of Two -Year Warranty Surety and Maintenance, Materials, and
Workmanship Escrow Agreement with Rock Ventures LLC for the West Road
Commercial Subdivision. (City Engineer Wheeler)
West Road Commercial Subdivision is a three lot commercial development located at the southeast
corner of the intersection of Ocoee - Apopka and West Roads. The Rock Ventures LLC, the developer
has completed construction of the overall site infrastructure improvements and has requested a
Certificate of Completion. The infrastructure improvements that are being dedicated to the City are an
extension of the reuse distribution system. All identified punchlist repairs have been completed and
the developer is ready to start the two -year warranty period.
As a requirement of the Land Development Code, the developer is required to furnish the City a surety
to cover any possible damages discovered during the next two years, should the developer not choose
to make those repairs. Rock Ventures has provided the City with a check in the amount of 10% of the
constructed improvements. The attached Maintenance, Materials, and Workmanship Escrow
Agreement acts as the executable document between the developer and the City in the event that the
surety is monetary. The surety will be returned to the developer upon completion of the two -year
warranty period and the repair of any damages caused over that two year period.
8. Approval for Award of RFP #11 -002 City Wide Wrecker Towing Services.
(Purchasing Agent Tolbert)
The City has been using various towing companies on a rotational basis for the wrecker towing
services for public roads and City vehicles. However, the public was being charged different rates and
the rotation list was increasing creating the need for additional staff time to verify new companies and
for tracking purposes. The estimated current annual towing charges for the public roads is $130,000
(approx. 740 tows annually) and the approximate current annual cost for City vehicles is $10,000
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City Commission Regular
November 15, 2011
(approx. 85 tows annually) for a total of $140,000. However, this contract would provide for the
towing of City vehicles at a reduced cost, with no charge for Class A (up to 10,000 pounds) vehicles.
With this contract, the public will be charged across the board rates at reduced costs.
The public RFP selection committee meetings were held on October 13, 2011, and November 2, 2011,
with the Selection Committee evaluating and short- listing the firms on specific evaluation criteria,
conducting interviews with the respondents, and individual inspections of the towing companies'
facilities. This selection committee chose one vendor, The Car Store, to be responsible for the wrecker
towing services for the City including subcontracting out any work necessary to meet the time
requirements, as long as the City is invoiced through The Car Store at the contracted rate. However,
the City will reserve the right to use another vendor should The Car Store fail to perform for whatever
reason.
9. Approval of CenturyLink Phone System Upgrade. (Information Systems
Manager Ross)
The City's phone system, originally purchased in 1999 and upgraded in April 2007, is no longer
supported by the manufacturer, nor does it support the new phone models for expanding the system to
reduce operating costs or increase functionality. To regain manufacturer support and allow expansion,
the 2012 Fiscal Year budget includes $60,000 for upgrades. This multiphase upgrade project includes
replacement of hardware (City Hall, Police headquarters, fire stations, Utilities, and Public Works),
upgrading the phone system software to the latest versions (City Hall, Utilities, and Beech Recreation
Center), and replacing specific desktop phones. The last phase will consist of replacing hardware on
the data network to support the new phones. The quote includes a special promotion by the
manufacturer that provides free upgraded hardware for two pieces of the phone system (a $3,800
savings) if the entire project is purchased by November 30, 2011. The City currently has a
maintenance contract with CenturyLink to provide local support and routine maintenance on the phone
system.
10. Approval of Amendment No. 2 To City of Ocoee Services Two Phase Agreement
with American Traffic Solutions, LLC Pertaining to Red -light Running Camera
Enforcement System. (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 who
travel our roadways. The current contract with American Traffic Solutions (ATS) expires in
December 2, 2011. The City of Ocoee and the Contractor desire to extend the term of the Agreement
for an additional three (3) years, with the option of the City, in its sole discretion, to further extend the
term of Agreement for an additional two (2) years. Accordingly, following execution of this
Agreement the term of the Agreement shall expire and terminate on December 2, 2014, subject to
further extension as provided in Agreement.
11. Approval of "All In Campaign" Resolution as presented by Dick Batchelor at the
November 1, 2011, Commission Meeting. (Assistant to the City Manager Shadrix)
G. FIRST READING OF ORDINANCE
12. Martinez (9051 A.D. Mims Road). (Second Reading and Public Hearing is scheduled for
December 6, 2011, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Principal
Planner Fabre)
The subject property is located on the south side of AD Mims Road and approximately 240 feet west
of Johio Shores Road. The Planning and Zoning Commission reviewed the proposed Martinez
Property annexation and initial zoning on November 8, 2011. City Staff presented a brief summary and
overview of the requested actions. After finishing its deliberations, the Planning & Zoning
Commission, acting as the Local Planning Agency, voted unanimously to recommend approval of the
Annexation of the +/ -3.19 acres parcel of land known as the "Martinez Property" with an Initial
Zoning classification of "R -1AA ".
a. Annexation Ordinance
b. Rezoning Ordinance
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City Commission Regular
November 15, 2011
13. Adoption of an Ordinance Imposing a Temporary Moratorium on the Opening
of New Internet Cafes / Simulated Gaming Devices. (Second Reading and Public
Hearing is scheduled for December 6, 2011, Regular Commission Meeting at 7:15 p.m. or soon
thereafter). (Police Chief Brown)
Internet cafes have become a trend, offering "pay -to- play" devices similar to casino -style slot machine
computers with sweepstakes and chances to win cash and prizes. Internet cafes essentially skirt state
gambling prohibitions by describing their operations as pre - determined sweepstakes which for the user
is the game of gambling. These simulated gaming cafes have large amounts of cash on site and stay
open late, thus are inviting targets for crime. In April 2011, a cafe near Apopka was robbed by armed
men, gunfire was exchanged, and one person was killed. Virtual gambling victimizes and preys upon
those with gambling addictions and those in our community who can least afford losing rent and food
money to the lure of sweepstakes and easy winnings. In January of this year, Seminole County banned
such activity citing an increase in crime correlating with the opening of nine such cafes. An ordinance
imposing a temporary moratorium on the opening of new Internet Cafes / Simulated Gaming Devices
will allow staff to study and report to the Mayor and City Commission on issues relating to Internet
cafes by a date certain.
H. SECOND READING OF ORDINANCE - PUBLIC HEARINGS
14. Adoption of Ordinance Repealing Ordinance 2005 -017 and Subsequent
Amendments and Restating the Personnel Rules and Regulations in its Entirety.
(Advertised in the Orlando Sentinel on Sunday, November 6, 2011). (Human Resources
Director Williford)
The ordinance providing for the PRR's has not been amended since 2007. The city manager has
requested the human resources director complete the draft revisions of the PRR's. This revision of the
PRR's is a comprehensive edit and includes some new provisions. These were discussed with the
department directors for review, input and revisions.
I. REGULAR AGENDA
15. Approval of Resolution for Municipal Referendum on Tax Abatement. (CRA
Administrator Wagner)
In order to expand the ability of local governments to offer economic incentives to expand jobs within
the state, the Florida Legislature passed an enabling bill that became effective on July 1, 2011. This bill
provides a means for individual local governments to grant ad valorem tax exemptions to certain
business entities which create higher wage jobs within their jurisdiction. In order to have the legal
authority to consider such tax exemptions, the law requires that a local referendum be held by each
local government that seeks approval of this option. Passage of the resolution is the first step to get the
issue before the voters of the City of Ocoee for their consideration.
Orange County has already resolved to place this referendum issue on the 2012 Presidential Preference
Primary Ballot scheduled for January 31, 2012. This is the same date scheduled for the Ocoee
Municipal Election. Seeking the authority of the voters to pursue targeted business tax exemptions will
level the playing field and permit the Mayor and City Commissioners to consider offering competitive
tax incentives to certain businesses to attract higher paying jobs to our community.
16. Commission Response to the Report from the Districting Commission. (City
Clerk Eikenberry)
The Districting Commission presented a report to the Ocoee City Commission at the Commission
Meeting on September 6, 2011. Vice Chair Victoria Laney explained that the Districting Commission
had created six board plans and after several meetings and a public hearing, the board unanimously
recommended Board Plan 5 because it considered future growth. She also stated that they offered
Board Plan 6 as an alternative option because it created very equal population right now (deviation of
all districts were under 0.4 %) without estimating future growth. After further discussion at the
Commission Meeting on November 1, 2011, the commission consensus was in favor of Board Plan 6
and staff was directed to bring this item forward for an official vote on the next agenda.
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City Commission Regular
November 15, 2011
J. STAFF ACTION ITEMS
K. 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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