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Home My WebLink About04-17-12 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida April 17, 2012 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 Proclamations. (Mayor Vandergrift) > Water Conservation Month — April 2012 > PowerTalk21 Day — April 21, 2012 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 April 3, 2012. (City Clerk Eikenberry) 2. 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 eleven (11) members and their resolution allows no less than seven (7) members and no more than fifteen (15) members. One application has been received from Ronald Pierce with an interest in serving on the board. 3. Approval of Change Order in the Amount of $13,286.00 for the City's Agreement with AECOM Technical Services, Inc. Related to the Relocation of City Water and Wastewater Utility Mains on SR 50 between West Oaks Mall and Good Homes Plaza. (CIP Manager Butler) The work was originally awarded to AECOM for $18,372.00 through a purchase order issued under the City Manager's authority. AECOM was selected for the work because it was providing roadway design services to FDOT and the utility work was to be done through an FDOT Utility Work by Highway Contractor Agreement. The change order supplement, which reflects additional design work on the project, will bring the total amount of the award to $31,658.00. 4. Approval of Ocoee Town Center Phase I Plat. (City Engineer Wheeler) The Ocoee Town Center project is located at the northwest corner of West Colonial Drive (SR 50) and Bluford Avenue. The total project includes approximately 36.08 acres of land. The phase 1 portion of the project encompasses approximately 8.60 acres of commercial development and is located along the frontage of West Colonial Drive and Bluford Avenue near the intersection. The project includes approximately 12.78 acres of undeveloped land and 14.56 acres of Lake Bennet and wetland and flood plain buffers. City Commission Regular April 17, 2012 5. Approval for Use of County Solid Waste Management System. (Public Works Director Krug) The City has historically utilized the County solid waste management system to dispose of residential and commercial solid waste. The interlocal agreement between the City and Orange County expired on September 18, 2011. On October 18, 2011, the City Commission ratified a letter of intent from the County to continue to receive County solid waste management services under the terms of the expired interlocal agreement for 180 days while a new agreement was reached. A new interlocal agreement was not negotiated within the 180 extension with the County Commission electing to take a step back and re- evaluate their current rate structure before going forward. Due to the County's prolonged rate evaluation process, leaving the City unable to negotiate a new contract, and the expiration of the letter of intent, Public Works seeks City Commission authorization to continue to use the County solid waste management system to dispose of residential and commercial solid waste until a new agreement is reached or September 30, 2012. G. PUBLIC HEARINGS - None H. REGULAR AGENDA 6. Residential C & D Franchise Update. (Public Works Director Krug) On June 7, 2011, the City Commission unanimously approved proceeding with franchising the residential construction demolition debris collection (C &D) within the City and directed staff to solicit 4 to 5 firms to provide this service. Staff intends to proceed with a Request For Proposals (RFP) for the residential C &D franchise based on previous Commission direction utilizing one of the following franchise fee options: 1. Collect a percentage based franchise fee that is applied on top of the vendor's invoiced residential C &D billings. A 20% fee is used in the City's Commercial Solid Waste Franchise. 2. Collect a flat fee for each time a container is collected (referred to as a "pull "). Based on the current industry average cost per pull, a 20% fee would approximately equal $50 per pull. Staff recommends proceeding with soliciting an RFP for the Residential C &D franchise utilizing a 20% franchise fee structure applied to the collected vendor billings for the service. 7. Code Enforcement Reduction of Fine/Lien for 419 Abbeyridge Court. (Assistant to the City Manager Gaines) a. Deutsche Bank National Trust Co Tr. The property located at 419 Abbeyridge Court was cited on September 15, 2010, for violations of Ocoee Code of Ordinance 115 -6 abandoned unsafe swimming pool. The code violations were for the swimming pool water being dirty and green. The Code Enforcement Board issued an order to comply by November 5, 2010, or be fined $100.00 per day. On August 16, 2011, a re- inspection was performed and observed the swimming pool to be in compliance. The fine accrued to date is $28,400.00 plus City's administrative cost of $717.36, totaling $29,117.36. On March 27, 2012, the Request of Reduction of Fine was heard before the Code Enforcement Board and the board's recommendation was to reduce the payment to $3000.00, plus City's cost $717.36 for total of $3717.36. b. American Home Mortgage Servicing Inc. c/o Law Offices of Daniel C. Consugera On July 7, 2011, a Minimum Standards Housing Inspection was conducted at 419 Abbeyridge Ct. and eight (8) code violations were observed. On September 27, 2011, the Code Enforcement Board found the respondents in violation as cited and issued an order to comply by October 28, 2011, or be fined $100.00 per day per violation. On October 31, 2011, the property was observed to still be in non- compliance. On October 28, 2012, the property was observed to be in compliance, with an accrued fine totaling $44,000.00. At the March 27, 2012, Code Enforcement Board Meeting, the respondent stated that the Law Offices of Daniel C. Consuegra are no longer involved with this process and that may have delayed "Proof of Service ". The board recommended reducing the fine to $3,000.00. Page 2 City Commission Regular April 17, 2012 8. Code Enforcement Reduction of Fine/Lien for Lake Bennett Village LLC 75% Int. and Charles E. Hawthorne 25% Int. Located at 955 Chicago Ave. (Assistant to the City Manager Gaines) On December 06, 2010, the property located at 955 Chicago Ave. was observed to be vacant with house and mother -in -law house over garage, and accessory structures, in poor condition and un- secured. Also miscellaneous trash/debris on property. On February 22, 2011, the Code Enforcement Board found the respondents in violation as cited and issued an order to comply by March 11, 2011, or be fined $150.00 per day per violation. On March 15, 2011, the property was observed to still be in non - compliance. On February 03, 2012, the property was observed to be in full compliance, with an accrued fine totaling $98,400.00. At the March 27, 2012, Code Enforcement Board Meeting, the property manager stated that the costs to bring this property into compliance exceeded $35,000.00 and that funding was not available until recently. The board recommended reducing the fine to $5,000.00. I. STAFF ACTION ITEMS J. 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. Page 3