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HomeMy WebLinkAbout04-15-14 AgendaOCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida April 15, 2014 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 - May 2014. (Mayor Vandergrift) ➢ Building Safety Month ➢ Civility Month 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 1S DESIRED I3Y 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 S F,PARATELY. 1. Approval of Minutes for the Regular Commission Meeting Held April 1, 2014. (City Clerk Eikenberry) 2. 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 in September, 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 until a new agreement was reached. The County Commission since elected to take a step back and re- evaluated their rate structure ultimately lowering the tipping fees to the City's benefit from $37.10 to $33.60 per ton. Due to the County's prolonged rate evaluation process, the City is still negotiating a new contract. The City Commission previously authorized use of the County solid waste management system through April 30, 2014. While interlocal agreement negotiations continue, 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 April 30, 2015. The City is utilizing approximately $46,000.00 monthly for services through the County solid waste management system as budgeted in the Sanitation Division Sanitary Landfill account. The total 2014 -2015 budget for this account line is $600,000.00. Regular City Commission April 15, 2014 3. Approval of Lift Station Pump Purchase. (Utilities Director Smith) The City of Ocoee's sewage collection system utilizes submersible sewage pumps to convey raw sewage from the various areas of the City's wastewater collection system to the wastewater treatment plant. These pumps vary in size and age due to the location of the development served and the year the pump was placed into service. Due to the critical nature of sewage collection pumps and the potential health and financial consequences of pump failure, the City Commission approved Xylem as a sole source on May 1, 2012, for the standardized Flygt lift station pumps on all lift stations 5 horsepower and larger. Standardization on Flight pumps was based on dependability, service and reduction of overhead due to interchangeable parts. Staff recommends approval to procure the pump rehabilitation /replacement purchase for Lift Stations #19, 431, 940, #41 from Xylem Water Solutions USA Inc. Flygt Products for the amount of $53,930.00. 4. Approval of Providing a Perpetual Easement for Purposes of Incorporating a City Retention Pond into a Future Retention Pond for the Florida Department of Transportation's SR 50 Widening Project. (City Engineer Wheeler) The Florida Department of Transportation (FDOT) is in the process of finalizing their plans for the widening of SR 50 to six travel lanes through Ocoee from the entrance to the West Oaks Mall to SR 429. The large undeveloped parcel in the Ocoee Commerce Center that abuts Bluford Avenue is to be one of the retention ponds for that road widening project. City staff has been working with FDOT and its consultant about joining the City's small dry pond into the larger FDOT pond. The large undeveloped tract will be the FDOT's retention pond for the majority of the SR 50 widening. FDOT cannot perform construction activities on property that they do not neither own nor have an easement over for the purposes of constructing the retention pond. The Perpetual Easement provides that legal document allowing FDOT to enter upon the property and to construct the retention pond in accordance with their project plans. The intent at the end of their construction project is for FDOT to give the entire retention pond property to the City, maintaining a drainage easement over the property. This will allow the City to construct its linear park around the outside of the retention area of the pond with a decorative type fence, benches, exercise stations, and landscaping. The pond could have a fountain, if the water depth allows. The City will maintain the pond and linear park. 5. Approval to use $1,800 in Contingency Funds to Replace the Awnings on City Hall and the City Hall Annex. (Support Services Director Butler) Work is underway to repair and repaint City Hall and the City Hall Annex. In the course of this work, it was necessary to remove seven awnings present over various exit and entrance doors. Once these units were on the ground, staff discovered that all seven awnings had significantly deteriorated over many years of use. Observed damage included holes, faded materials, and loss of waterproofing. The budget allocated for the repair and repainting work has been fully expended due to the amount of woodwork that had to be replaced, so additional funds are needed to replace the awning covers. The Support Services Department recommends that the City Commission authorize the allocation of up to $1,800 from the Contingency Fund to the Public Works — Facilities operating budget for the purpose of replacing the awning covers at the City Hall complex. The material to be used is the same as that planned for the exit door awnings at the Lakeshore Center and will match the color of the metal roofs on these buildings. G. FIRST READING OF ORDINANCE 6. First Reading of Ordinance on Limited Income Seniors Additional Homestead Exemption. (.Second Reading and Public Hearing scheduled for May 6, 2014, Regular Commission Meeting at 7:15 p. in. or soon thereafter). (City Manager Frank) Florida Statute 196.075 allows for additional homestead exemptions for persons 65 and older. In accordance with this statue, municipalities can adopt an ordinance allowing for additional homestead exemptions up to $50,000 for any person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age 65, and whose 2 1Pagc Regular City Commission April 15, 2014 household income does not exceed $27,994 (2014). The City currently has set the additional homestead exemption threshold at $25,000. H. PUBLIC HEARINGS - None I. REGULAR AGENDA 7. Code Enforcement Reduction of Fine /Lien for Bank of America & Federal Home Loan Mortgage Corp. re: 16 Lafayette Street . (Assistant Director of Support Services Gaines) This property was cited on May 31, 2012, by Officer Theresa Rodriguez for a broken, cracked window. On August 28, 2012, the Code Enforcement Board issued an order to comply by September 12, 2012, or be fined $100.00 per day. On September 25, 2012, the Code Enforcement Board imposed the accruing fine and lien for non - compliance of 108 -23. Property was found in compliance on November 12, 2012. The property is currently being maintained. A legal representative for Federal Home Loan Mortgage Corporation and Bank of America, the owners following foreclosure proceedings, appeared before the Code Enforcement Board on March 25, 2014, and requested the fine /lien amount of $6,200.00 be reduced to the city's cost of $700.05. The Code Enforcement Board is recommending the fine /lien be reduced to $700.05. The decision by the Board to reduce the amount was based on testimony and answers from the owner's representative and city staff. 8. Code Enforcement Reduction of Fine /Lien for Altisource Solutions Inc. and OCWEN Loan Servicing LLC on Behalf of Citibank NA re: 453 Howell Court. (Assistant Director of Support Services Gaines) This property was cited on October 19, 2012, by Code Enforcement Officer Edward Loeffler as an emergency action for conditions constituting a danger to the public health, safety and welfare: unsecured open access to unsanitary pool and structure with evidence of juvenile presence. On November 27, 2012, the Code Enforcement Board issued an order to comply by December 7, 2012, or be fined $250.00 per day per violation. On January 22, 2013, the Code Enforcement Board imposed the accruing fine and lien for non - compliance with ordinances 108 -35 and 115 -3. Non - compliance was re- verified by the city on four occasions with affidavits on file. The property was observed in compliance on September 30, 2013. The new property owner, Citibank NA., obtained the property via foreclosure on October 30, 2013. The property is being regularly maintained. A legal representative of Citibank NA appeared before the Code Enforcement Board on March 25, 2014, and requested a reduction of the fine /lien amount of $148,500.00. The Code Enforcement Board is recommending the fine /lien be reduced to $2,356.11 reflecting the cost incurred by the city and the blighted effect on the neighborhood. The decision by the Board to reduce the amount was based on testimony from a Citibank NA representative and city staff. 9. Code Enforcement Reduction of Two Fine /Liens for Anthony Faircloth and Heather Faircloth re: 1408 Wanda Street. (Assistant Director of Support Services Gaines) The property located at 1408 Wanda Street has two separate fine /liens from separate code enforcement actions; they are being presented as a single agenda item so the property owner can be provided a single solution. Case 11 -005: The property was cited on October 27, 2010, by Officer Carmen Delgado for miscellaneous junk and debris and an untagged /inoperable van on the property. On February 22, 2011, the Code Enforcement Board issued an order to comply by March 22, 2011, or be fined $100.00 per day per violation. The Code Enforcement Board imposed the accruing fine and lien as of March 23, 2011, for non- compliance of 115-3 and 165 -3. The new property owner, Coughlin Investment Group Inc., purchased the property for $36,600 on October 15, 2012. Coughlin Investment Group Inc. brought the property into compliance on January 9, 2013. The property is now being maintained. 3 1Page Regular City Commission April 15, 2014 Case 11 -282: The property was cited on November 8, 2011, by Officer Theresa Rodriguez for the installation of a canopy on the left -side backyard without required pen On January 24, 2012, the Code Enforcement Board issued an order to comply by February 10, 2012, or be fined $100.00 per day per violation. On February 29, 2012, the Code Enforcement Board imposed the accruing fine and lien for non - compliance of 51 -13. The property was found to be in compliance of 51 -13 on March 4, 2013. The new property owner, Coughlin Investment Group Inc., brought the property into compliance on March 4, 2013. The canopy structure was removed. Coughlin Investment Group Inc., the new property owner, appeared before the Code Enforcement Board on February 25, 2014, and requested a reduction of the fine /lien amount of $204,600.00 for Case No. 11 -005 and $38,500 for Case No. 11 -282. Both liens were foreclosed, but the city's cost remains, as these are special assessment liens. The Code Enforcement Board recommends the fine /lien be reduced to $1,983.92 for Case 11 -005 and to $1,557.90 for Case l 1 -282, which is the cost to the City for the enforcement actions. The decision by the Board to reduce the amount was based on testimony and answers from Jack Coughlin, James Thayer, and city staff. 10. Approval of Potential Sale of Real Property Owned by the City of Ocoee on S. Bluford Avenue. (Support Services Director Butler) The subject parcel is located on South Bluford Avenue just south of Oakwood Plaza (parcel #19 -22- 28- 0000 -00 -080). The project has been the subject of much scrutiny of late because of its unauthorized use by neighboring businesses. A previous offer in the amount of $10,000 was made for a portion of the property at a recent City Commission meeting, and the City Commission directed staff to bring back offers that could realistically be considered fair market offers. The City of Ocoee has two outstanding offers for the property. One offer is from Satish Somwaru with Help My Auto LLC in the amount of $70,000 for the entire parcel. The second offer is from Steve Mitchell with RMR Investors Inc. as Trustee of S. Bluford Land Trust in the amount of $60,000 for a portion of the parcel. This latter party was the one that made the previous $10,000 offer. City staff recommends the City agree to sell the property to Mr. Somwaru for the greater of $70,000 or the appraised value, subject to a mutually agreeable contract and to the City reviewing and accepting the appraisal. A sale to Mr. Somwaru would result in the development of the entire parcel and contain a business that would add to the City's Community Redevelopment Area (CRA). 11. Approval of Change Order No. 5 for Bid No. B13 -03, Community Center Replacement (Lakeshore Center), which was Awarded to C &D Construction, Inc. (Support Services Director Butler) The City Commission awarded Bid No. B13 -03 to C & D Construction, Inc., for replacement of the Community Center at a total price of $2,165,000.00 and modified the project budget to cover the construction contract plus a 5% contingency allowance, bringing the total construction phase budget to $2,273,250. The current contract price as a result of Change Orders 1-4 is $2,172,479.83. The Agreement included a provision for liquidated damages in the amount of $2,000 per day. The final contract completion date provided in the Agreement was November 1, 2013. The date of substantial completion was February 4, 2014. Following the city's inspection of the project, the Contractor was provided with a list of almost 200 items to be addressed as a "punch list" of remaining issues to be resolved for final construction closeout. Ten of these items represented new construction components that added to the scope of the work. During the period of working on the punch list, we also experienced issues with the lighting and air conditioning systems that required additional repairs and resulted in the city returning rental fees to persons using the facility at times when problems arose. As of this date, the city believes these operational issues have been resolved. Almost all of the repair items on the punch list have been addressed by the Contractor; work remains to be done on some of the additional items, in part due to product delivery lead times. The Support Services Department recommends that the City Commission approve a change order that requires no additional city funds in order to accomplish the project revisions. This change order modifies the terms of the original Agreement by altering the amount levied as liquidated damages to about $775 per day based on the cost of 31 items listed in the change order. The bulk of these changes are the result of minor corrections to address issues as they arose during construction. A few items address enhancements to the original project. 4 1Page Regular City Commission April 15, 2014 12. Presentation on Utilities Department Sufficiency of Revenues and Ocoee Water Resource Strategy; and Seek Approval to Move Forward on Securing Financing of Phase II State Road 50 Widening and Western Wastewater Transmission Main /Downtown Sewer Projects. (Utilities Director Smith) The City of Ocoee Utilities Department maintains a detailed asset management plan that is comprised of 10 -year maintenance programs for lift station, water plants, wastewater plant, equipment and vehicles. The programs inventories and schedules maintenance /rehabs /replacement. In addition, the department maintains a 10 Year Capital Improvement Program (C.I.P.) and an associated 10 Year Staffing Levels. These plans forecast expectation levels of expenditure for the next 10 years. Using the plans and historical needs (personnel, energy, contract service, chemicals, etc.) a detailed expenses profile has been generated. Using the services of Public Resources Management Group, Inc. (PRMG) a detailed Revenue to Expense Model was developed. The model broadens to cover not only the expenditure profile, current and future revenues, existing fund balances, present and future debt service payment, expenditures not covered by plans above and growth projections to forecast the financial viability of the Utilities Department. The model is dynamic which is capable of analyzing "what if scenarios ". The result of the model, reported by PRMG dated May 21, 2013, using the outlined expense above the current revenues are sufficient for a five (5) year period. The model includes a future debt service payment to cover financing $10.3 million for the State Road 50 Widening Phase II Project and Ocoee West Wastewater Transmission System Project/Initial Downtown Sanitary Sewer Project. At the end of this discussion, staff will be seeking authorization to move forward in determining the terms and methods of financing these projects. 13. Approval to Conduct a Community Market in Conjunction with the Food Truck Friday Event & Movie in the Park Event. (Parks and Recreation Department Hayes) The Parks and Recreation Department is requesting authorization to conduct a Community Market in conjunction with its Food Truck Friday event and Movie in the Park event, on the third Friday of every month. The purpose of the market it to provide entrepreneurial opportunities to local artists and craftsmen, promote a greater sense of community by allowing local artist to sell directly to the public, and to encourage and promote the production of quality, handmade arts and crafts. The focus of the market will be on providing handmade goods and products for the home; the market will not include the sale of produce or food items. The Parks and Recreation Department will work with a third party, Create Orlando, to manage the market. The market manager will be responsible for the planning and promoting of the market, recruiting vendors, handling all vendor related matters, and day -of coordination. The Parks and Recreation Department and the market manager will work together to develop the criteria and rules for vendor participation. The City will receive a percentage (20 %) of the fees that are collected by the market manager from the 10 to 15 vendors participating in the market. The market manager will be on site for the duration of the event, including set -up and break down of the vendor area. The market manager will also work to expand the market in the future to include live music, storytellers, face painters, balloon artist and other activities as part of the event. The Parks and Recreation Department is recommending that the City Commission approve the Community Market concept on a three (3) month trial basis, after which time the Parks and Recreation Department will determine whether to continue with or end the market, with Commission approval. J. STAFF ACTION ITEMS K. COMMENTS FROM COMMISSIONERS 51Pa e Regular City Commission April 15, 2014 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. 61Pag, e