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HomeMy WebLinkAbout05-16-2006 Agenda May 16,2006 OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida 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 - Introduction of the Visiting Firefighters from Belgium. (Mayor Vandergrift) I C. COMMENTS FROM CITIZENS/PUBLIC I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE 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. Reappointment to HRDB Board. (City Clerk Eikenberry) On September 16,2003, Resolution No. 2003-21, was adopted creating the Human Relations and Diversity Board, requiring no less than seven (7) members and no more than fifteen (15). The Resolution was then amended by Resolution 2004-11, which changed the quorum requirement to 50% plus 1. Member terms are two- years. The two-year terms of Lester Dabbs and Karen Lee Fatt will expire in May. The two-year terms of Martha Lopez-Anderson, Carmen Arzola, and Frann Kelley Rodriguez will expire in June. The two-year terms of Dorcas Dillard, Phillip Lee Fatt, and James Fleming will expire in July. All of these members have indicated they are willing to serve another term, if reappointed. 2. Approval of Jamela Water Plant - Elevated Storage Tank. (Utilities Director Smith) The J amela Water Plant has been taken off line with the exception of the plant's elevated storage tank. The elevated tank provides stability to the water system network, but will not be needed after Forest Oaks and South Water Plants are retrofitted with the two new high service pumps. The pumps will change the system from a single speed drive to a variable frequency drive system. The retrofit was previously authorized by the City Commission and should be completed and fully operational within the next three weeks. Pittsburg Tank & Tower Company is proposing to remove the elevated storage tanks at no cost to the City for the rights of salvage of the tank materials. The tank company understands that the letter of agreement is not acceptable and that City will require its revision. A second tank demo company, Iseler Demolition, Inc., was contacted to ascertain their interest in demolishing the tank. Mr. Doug Iseler, owner, indicated that the City should accept Pittsburg Tank's offer to remove the tank at no cost. City Commission Regular May 16,2006 3. Approval of Revised 2003 Bond Proceeds Budget. (Utilities Director Smith) Of the original projects, the "Regional Effluent Disposal and Wet Weather Discharge" project was replaced by the Winter Garden -Ocoee "Northwest Reuse Interconnection Connections" project. This project will allow the City ofOcoee to provide retail reuse water to the northwest section of the City by utilizing Winter Garden's reuse water under a wholesale purchase agreement. Currently, those customers in that sector who are using irrigation are being served by Orange County. This project would provide about $6,500 per month increase in the rate base minus a fixed wholesale fee to the City of Winter Garden. The remaining original project status's are: South Reuse Project has been completed, the North Reuse project is under construction, Professional Parkway utility work is completed, and both the Maguire Road Phase V and S.R. 50 force main relocations are under design. Added to the budget, as a separate item, were the funds to cover the costs of the installation of the reuse meters and back flow devices for each of the new reuse customers in the retrofit project areas. The amount is based on 753 meters at $500 each and a backflow device at $20 each. While un- documented, the general consensus is that the cost of the reuse meters for the retrofit customers was to be covered by the bond proceeds. 4. Approval of Expenditure of Police Forfeiture Monies to Purchase Night Vision and Thermal Imaging Equipment. (Police Chief Goclon) The Ocoee Police department was recently awarded a $50,000 grant from the State of Florida !Florida Department of Law Enforcement (FDLE) to purchase night vision and thermal imaging equipment. This is a reimbursement grant requiring the police department to purchase the items and then be reimbursed by FDLE upon proof of purchase. The police department will use monies from the police forfeiture account to purchase the equipment. 5. Approval of Change Order for Public Works Building to Britt Construction. (Public works Director Zaitooni) Change Order #1 in the amount of $27,296.77, is for the addition of items not included in the original bid which includes (1) additional electrical circuits for the hydraulic lifts, (2) additional circuits for the emergency generator operations, (3) additional A/C unit for the sign shop, and (4) change from standard galvanized roof panels to factory color panels. A 52 calendar day time extension will also be required for Change Order # 1. 6. Consideration of Ad for Florida League of Cities Quality Cities Advertisement. (Community Relations Manager Wright) The 80th Annual Conference of the Florida League of Cities will be held August 10-12, 2006, at the Hyatt Regency Hotel in Jacksonville. In previous years, the Commission has voted to approve a half- page, black and white advertisement in the special conference issue of Quality Cities magazine. Staff recommends the Mayor and Commission place a half-page, black and white advertisement in the special conference issue of Quality Cities magazine, at a cost of $300.00. Additionally, directs staff to insert an updated commission photograph and script, and forward the ad to Florida League of Cities. 7. Removal of Education Commission Members. (Community Relations Manager Wright) The Education Commission has had difficulties meeting a quorum. As a result, the Commission has not been able to vote and take action on issues. Members Damita Andreaus and Maria Mixon have poor attendance. Member Andreaus was appointed to the Commission in June 2005. His overall attendance record is 37.5 percent. Member Mixon was appointed to the Commission in June 2005. Her overall attendance record is 12.5 percent. The removal of these members would reduce the current Commission to (8) members and would reduce the number of members needed to make a quorum. 8. City of Ocoee v. Oak Forest Partners and Westlake Partners: Proposed Settlement of Remaining Experts' Fees and Costs and Attorney's Fees for Parcels BOA, BOB, 708A, and 708B. (City Attorney Rosenthal) The City acquired Parcels llOA, 1 lOB, 708A, and 708B through condemnation for the Old Winter Garden Road Widening Project. The City is responsible for the reasonable expert's fees and attorneys' fees in the prosecution of this lawsuit. Page 2 of 4 City Commission Regular May 16, 2006 I F. PUBLIC HEARINGS 9. Resolution Adopting the Proposed Redevelopment Plan for the CRA. (Advertised in the Orlando Sentinel Classified Legal on Saturday, May 6, 2006). (Assistant City Manager Croteau) On September 21, 2004, the City Council adopted a resolution fmding a certain defmed area of the City ofOcoee had conditions of "blight" as that term is defined in the Community Redevelopment Act. The Redevelopment Act states that in a county that has adopted a home rule charter all redevelopment powers are vested in the county. A municipality located within such a county may exercise redevelopment powers under the Act only if the governing body of the county has delegated those powers to the governing body of the city. ~163.400, Florida Statutes. Orange County had adopted a home rule charter. On March 21, 2006, the Orange County Board of County Commissioners unanimously approved the CRA Resolution, and an Interlocal Agreement with the City of Ocoee delegating authority for creating and managing a community redevelopment agency to the City. The City officially created the Community Redevelopment Agency (CRA) on April 18, 2006. The next step in the CRA process is to adopt a Redevelopment Plan and to direct staff to implement that Plan. On April 25, 2006, the CRA held their first official meeting. At that meeting the CRA reviewed the proposed Redevelopment Plan and directed staff to send the proposed Redevelopment Plan to the local planning agency to be reviewed for consistency with the City's Comprehensive Plan. The City's Planning and Zoning Commission reviewed the Plan on May 9, 2006, and found it to be consistent with the City's Comprehensive Plan. The CRA Board is meeting at 6 p.m. on May 16, 2006, to fmalize plan approval. The fmal step in the Plan approval is for the Orange County Board of County Commissioners to approve the plan. It is anticipated that they will take formal action on May 23, 2006. ORDINANCE SECOND READINGS 10. Approval of Changes to Pension Ordinances. (Human Resources Director Carnicella) The Pension Board for the City of Ocoee Municipal General Employees' Retirement Trust Fund and the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund is governed by ordinance. The Pension Attorney, Lee Dehner, has advised the Boards that a change is required by law resulting from amendments to the Internal Revenue Code, which applies to tax qualified pension plans. Staff recommends the Commission adopt the Pension Board changes as amended for the City of Ocoee General Employees' Retirement Trust Fund and the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund. a. City of Ocoee Municipal General Employees' Retirement Trust Fund. b. City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund. I G. ORDINANCE FIRST READINGS I 11. Ordinance Creating a Trust Fund for the Community Redevelopment Agency (CRA). (Second Reading Scheduledfor June 6, 2006). (Assistant City Manager Croteau) On September 21, 2004, the City Council adopted a resolution finding a certain defmed area of the City of Ocoee had conditions of "blight" as that term is defmed in the Community Redevelopment Act. The steps in the process of redeveloping that area in accordance with the Act are: (i) create a Community Redevelopment Agency; (ii) adopt a redevelopment plan; and (iii) create a redevelopment trust fund and provide for the deposit therein of increment revenues attributed to the redevelopment area. The Redevelopment Act states that in a county that has adopted a home rule charter all redevelopment powers are vested in the county. A municipality located within such a county may exercise redevelopment powers under the Act only if the governing body of the county has delegated those powers to the governing body of the city. ~163.400, Florida Statutes. Orange County had adopted a home rule charter. On March 21, 2006, the Orange County Board of County Commissioners unanimously approved the CRA Resolution, and an Interlocal Agreement with the City of Ocoee delegating authority for creating and managing a community redevelopment agency to the City. The City approved the ordinance officially creating the Community Redevelopment Agency (CRA) on April 18, 2006. Page 3 of 4 City Commission Regular May 16, 2006 12. Modifications to Chapter 143 - Solid Waste Ordinance. (Second Reading Scheduled for June 6,2006). (Public Works Director Zaitooni) In order to implement the changes in service previously approved by the City Commission to the City's solid waste services, it is necessary to revise Chapter 143 of the City Code (Solid Waste). The revisions included primarily effect the residential curbside services as highlighted in the attached ordinance. Specifically, the changes (i) authorize the use of an additional garbage cart for residential customers for an additional charge, (ii) provide for the collection of up to 10 bulk items or 4 cubic feet of bulk waste per month, whichever is greater, (iii) provides for the City Commission to establish deposit fees by resolution, (iv) authorizes the City to collect a payment in lieu of franchise fee not to exceed 25% if it provides collection services in lieu of a franchisee, and (v) allows the City Commission to establish by resolution a procedure for customers to "opt out" of the non-ad valorem assessment for solid waste collection and pay charges directly to the City on a monthly basis. I H. REGULAR AGENDA 13. Discussion and Direction of Commercial Solid Waste Service within the City Limits. (Public Works Director Zaitooni) City's Commercial & Multi-Family Contract with Onyx Waste Services will expire at the end of August 2006. City will have the option of extending the Contracts for another two (2) years or negotiate a limited term service with the current hauler. In a work session held on October 19, 2005, staff presented the available options to the City Commission regarding the commercial and multi-family garbage requested direction from City Commission. Staffhas determined that either the out-sourced or the in-house options are feasible and effective, and therefore, is requesting direction from the City Commission regarding the available options. This staff report sets forth the details in regards to the options for the commercial solid waste operation, funding strategies and contribution to residential curbside, and the required increase for commercial rates. Staff will make a PowerPoint presentation on the details of the commercial solid waste plan and provide copies of previous discussion items. 14. Approval of Second Amendment to Yard Waste & Bulky Waste Contract with Onyx Waste Services for Early Termination of Service. (Public Works Director Zaitooni) Onyx Waste Services, Inc. had made a request for an early termination of their residential yard waste & bulky waste Agreement with the City. On March 21, 2006, City Commission directed staff to pursue an amendment to the residential yard waste & bulky waste with Onyx Waste Services, Inc. Therefore, pursuant to the City Commission's approval of the in-house residential curbside, staff has prepared amendment #2 to the residential yard waste & bulky waste Agreement with Onyx Waste Services, Inc. The Amendment will provide for the early termination of the contract and transition to an in-house service, address contractor default, and provide for mutual releases and cooperation between the parties. I I. STAFF REPORTS I J. 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 4 of 4