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10-20-09 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers ISO North Lakeshore Drive Ocoee, Florida October 20, 2009 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 Proclamations. (Mayor Vandergrift) ~ United Nations Day - October 24th ~ National Family Week - November 22nd - November 28th Presentation of Years of Service Resolution to Mayor Vandergrift and Commissioner Johnson by John Ligon from Florida League of Cities. I Co COMMENTS FROM CITIZENS/PUBLIC I D. STAFF REPORTS AND AGENDA REVIEW I E. COMMISSIONERS ANNOUNCEMENTS F. CONSENT AGENDA ALL MA TIERS 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 and Acceptance of the Regular City Commission Minutes of October 6,2009. (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 five (5) members and their resolution allows no less than seven (7) members and no more than fifteen (15) members. One application was received from Ms. Jennifer Hopkins with an interest in serving on the board. 3. Approval of Piggybacking on Pembroke Pines' Contract for Bulk Sodium Hypochlorite. (Utilities Director Smith) The City has been procuring chlorine from Odyssey Manufacturing, in which Odyssey has extended their contract conditions (piggybacking) from their current awarded contract with the City of Pembroke Pines, and staff would like to continue these terms until January 20, 20 I O. It is the department's plan to bid the purchase of chlorine and bring the award for City Commission approval to the January 19,2010, Commission meeting. Odyssey's contractual price with Pembroke Pines is $.795 per gallon and the total cost for the chlorine through January 20, 2010, should not exceed $36,000. City Commission Regular October 20, 2009 4. Approval of Replacement of SCADA System and PLC for Wastewater Treatment Plant. (Utilities Director Smith) The City of Ocoee Wastewater Plant's treatment process and associated unit operation was significantly upgraded in 1993 to the I. KrUger Inc. patented method, during the reconstruction of the wastewater plant. At that time, both the PLC (Programmable Logic Controller) and SCADA (Supervisory Control and Data Acquisition) computer were placed in service by KrUger. Staff is recommending the replacement of both the PLC and SCADA computers. 5. Approval to Amend the Pioneer Key I Rehabilitation Project Design Contract with Inwood Engineering, Inc., to Include Design of a Replacement Water Distribution System for the Additional Fee of $22,102.20. (City Engineer Wheeler) The original project scope included reconstructing the sanitary sewer system, improving storm water facilities, reconstructing roads and sidewalks, and rebuilding Lift Station 22 at a new location. The project scope was recently amended to include replacement of the water distribution system within Pioneer Key I and interconnecting that system with a new water main running through the development from Ocoee-Apopka Road to Lakewood A venue. The scope change, to include water system reconstruction, has been endorsed by Orange County and requires additional engineering design work. The City has a continuing contract for engineering design services with the firm of Inwood Engineering, Inc. Work under this contract is authorized by purchase order following the specification of a scope of work by the City and negotiation of a price proposal. A task work order was authorized by the City Commission in the amount of $95,101.05 for the design services required by the original scope of work and a purchase order was issued to authorize the work. In response to the City's request for the scope of work to be expanded to include the water distribution system, Inwood Engineering has provided a supplemental proposal in the amount of $22, I 02.20. 6. Approval of Warranty Deed Conveying the Pine Street Parcel to the St. Johns River Water Management District, as Required by the Terms of a Memorandum of Agreement Executed by the City on February 7, 2007. (Located Outside the City Limits.) (City Engineer Wheeler) Under the terms of the Memorandum of Agreement between the City of Ocoee and SJR WMD entered into for the purposes of buying the property and constructing the stormwater treatment facility, the City is to deed the property to SJR WMD if construction had not begun by July I, 2009. SJR WMD notified the City on August 7,2009, of its intent to implement this provision in the Memorandum of Agreement and has asked the City to execute the required Warranty Deed to convey title to the property to SJRWMD. I G. PUBLIC HEARINGS 7. FIX Scenery & Display, Inc. (Advertised for Public Hearing in Orlando Sentinel Legal Classified on September 27,2009). CONTINUED FROM THE OCTOBER 6TH COMMISSION MEETING. (Senior Planner Howell) The subject property is approximately 20.89 acres in size and is located on the west side of the intersection of Lakewood Avenue and Laurel Ridge Avenue. The PreliminaryfFinal Subdivision/Site Plan proposes the construction of a light industrial subdivision that will contain an addition to the existing FX building, flex space units, and office space. a. PreliminarylFinal Subdivision Plan b. PreliminarylFinal Site Plan 8. DCA Wekiva Settlement Agreement. (Advertisedfor Public Hearing in Orlando Sentinel Orange Extra on October 11,2009). (principal Planner Rumer) On January 16,2007, the City adopted Ordinance 2007-002 approving amendments to the text of the City of Ocoee Comprehensive Plan, incorporating the requirements of the Wekiva Study Area requirements pursuant to Chapter 163, Part II, Florida Statutes. On March 9, 2007, the Department of Page 2 of 5 City Commission Regular October 20, 2009 Community Affairs (DCA) issued a Notice of Intent (NOI) to fmd the amendments "not in compliance" with the requirements of Chapter 163, Part II, Florida Statutes. Specifically, DCA found the amendments did not address the requirements of the Wekiva Parkway and Protection Act regarding the master stormwater management plan, water supply facility plan and land use strategies to optimize open space and promote a pattern of development that protects the most effective recharge areas, karst features, and sensitive natural habitats. I H. SECOND READING OF ORDINANCES - PUBLIC HEARINGS I 9. Second Reading of Ordinance Amending the Education Incentive Program, Section 13.14 of the Personnel Rules and Regulations Manual. (Advertisedfor Public Hearing in Orlando Sentinel Legal Classified on October 11, 2009). (Human Resources Director Carnicella) Staff respectfully recommends the Commission approve the revisions of Section 13.14 of the Personnel Rules and Regulations for the Education Incentive Program as follows: Employees must work with the HR staff to purchase books and resell them in the most cost effective way (i.e. renting books) and to require an employee who either fails to attend the class, fmish the course, and/or receives a grade below a C, repay the entire reimbursement within four pay periods. The employee will be required to agree to the above before being considered eligible for the incentive. 10. Second Reading of Ordinance Amending Sections 7-2A, 7-4A, 7-5A, 7-6A of Part IA of Article VII of Chapter 180 Relating to the Federal Emergency Management Agency's National Flood Insurance Program Requirements. (Advertisedfor Public Hearing in Orlando Sentinel Orange Extra on October 8, 2009). (Building Official Washington) The city was notified by the Federal Emergency Management Agency (FEMA) Deputy Assistant Administrator for Mitigation, of the need to review our current floodplain ordinance for compliance with Code 44 of Federal Regulations Section 60.3(d) of the National Flood Insurance Program (NFIP). Non-compliance with this regulation results in loss of participation in the NFIP. The Floodplain ordinance was presented to the Planning and Zoning Commission at their October 13 th meeting. The Planning and Zoning Commission recommended approval by the Mayor and City Commission. 11. Woomer Property. (Advertised for Public Hearing in Orlando Sentinel Legal Classified on October 8, 2009). (principal Planner Rumer) The subject property is located on the West side of 1 S1 Street, Approximately 445 feet South of the Intersection of 1 ST Street and Silver Star Road. The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. The land use and initial zoning are also consistent and compatible with surrounding properties. a. Annexation b. Rezoning 12. Crane Property. (Advertisedfor Public Hearing in Orlando Sentinel Legal Classified on October 8.2009). (Principal Planner Rumer) The subject property is located on the West side of 1 S1 Street, Approximately 585 feet South of the Intersection of 1 S1 Street and Silver Star Road. The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. The land use and initial zoning are also consistent and compatible with surrounding properties. c. Annexation d. Rezoning Page 3 of5 City Commission Regular October 20,2009 I I. REGULAR AGENDA I 13. Charter Review Commission Recommendations. CONTINUED FROM THE OCTOBER 6TH COMMISSION MEETING. (City Clerk Eikenberry) Pursuant to Section C-60 of the City of Ocoee City Charter, a Charter Review Commission shall be appointed no less than once every ten years and shall submit a report to the City Commission. Section C-62 states "Within two (2) months of the receipt of any such report, the City Commission shall accept or reject the recommendations contained therein, or the City Commission may send such report back to the Charter Review Commission for further study and consideration. Any proposed Charter amendments accepted by the City Commission shall be adopted by ordinance and submitted to the electors of the city for consideration no later than the next general municipal election or at a special election called by the City Commission for such purposes." On December 2, 2008, this report was presented to the Commission. At the request of the Mayor, review of this report was delayed waiting for an Attorney General Opinion and the Report was reconsidered on April 21, 2009. At that time, the Commission asked the Charter Review Commission to reconsider certain items pertaining to expanding the number of districts and staff residency requirements. The Charter Review Commission held a joint meeting with the City Commission on July 27, 2009, and considered fmal recommendations for Charter changes at a meeting of the Board on August 26, 2009. City Attorney Rosenthal has incorporated those changes into the attached redlined copy of the Charter. Additionally, staff recommends that the list of proposed Charter revisions include changes to Section C-36, as detailed in Attachment 2, to more accurately reflect the manner in which the City's Capital Improvement Plan is presented to the City Commission as part of the annual budget process. 14. Approval of Holiday Dates for 2010. (City Clerk Eikenberry) The 2010 calendars are being processed and the holiday dates for next year need to be established. Staff would like to request the dates observed for Independence Day to be July 5th (Monday) and for the Christmas Holiday to be December 24th (Friday) and December 27th (Monday). I J. ST AFF 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 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 of5