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11-06-12 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida November 6, 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 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 October 16, 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 thirteen (13) members and their resolution allows no less than seven (7) members and no more than fifteen (15) members. Narupa Tiwari was appointed to the board in March 2012, since her appointment she has missed 4 of 6 meetings. The board has recommended her removal subsequent to her failure to respond to board correspondence requesting an explanation of her absences. There is currently one application on file from past member Barbara Ann Boudokhane with an interest in again serving on the board. 3. Award of Bid #B13 -02 Peach Lake Manor Drainage Improvements Phases 1 &2 to Westwind Contracting Inc. in the amount of $874,713.00. (Purchasing Agent Tolbert) In conformance with the policies and procedures of the City of Ocoee (City), bids were solicited from qualified contractors to construct the Peach Lake Manor Drainage Improvements Phases 1 & 2 (Project). All work for the project shall be designed and constructed in accordance with the drawings and specifications prepared by Singhofen & Associates, Inc. as subsequently modified by the City of Ocoee. Bids shall be deemed to include all items necessary for the furnishing, delivering, and installing of all materials, equipment, incidentals, and services, including all labor, for the work. There were a total of eight (8) bids received and Westwind Contracting Inc. was the lowest qualified bidder. City Commission Regular November 6, 2012 4. Approval of Workers' Compensation and Employment Settlement Agreement with Employee. (Human Resources Director Williford) An employee in the Police Department has agreed to settle current and future worker's compensation claims for $24,500. The employee would not seek future benefits under the Florida Statues and Collective Bargaining Agreement. The employee would be placed on an inactive status and end employment with the City permanently after the Pension Board considers a disability pension. 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 2012/2013 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 (Tires) 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. The above mentioned contract did not solicit pricing for recapped heavy truck tires; however, the City has purchased recapped heavy truck tires through Boulevard Tire Centers in the previous fiscal years as the other local distributors were not willing to provide recapped tires for the same, or lower price than Boulevard is quoting to the City and this continues to be the case in the new fiscal year. Public Works recommends awarding a purchase order to Boulevard Tire Center based on pricing from the Florida Department of Management Services contract for new Police tires and heavy truck tires. 6. Approval of Maguire Road Median Landscape Improvements With Valley Crest Landscape Maintenance. (Public Works Director Krug) The City has been working with Valley Crest Landscape Maintenance on an improved landscape solution for the Maguire Road corridor south of the Turnpike with a focus on low maintenance plantings that have a history of thriving in a roadway median environment with minimal watering. The proposed improvements begin with the removal of existing plants that have out grown the confines of the medians or have reached the end of their life cycle. The existing irrigation will be modified and new plants and ornamental trees installed. Public Works recommends awarding this work to Valley Crest, the City's landscape maintenance contractor, as they will be providing the Society Garlic plants at no charge to the City as a warranty replacement for the former perennial peanut beds at the median tips. Public Works has reviewed the pricing and found it to be in line with industry standards. Public Works will provide the maintenance of traffic control through the work zones for this project to reduce the costs to the City. Public Works recommends awarding this work to Valley Crest. 7. Approval to Purchase Digital Radio System for the Sanitation Division. (Public Works Director Krug) The Sanitation Division budget for Fiscal Year 2012/2013 includes the purchase of a digital radio system to replace the obsolete analog system currently being used. Public Works has solicited pricing through Motorola Solutions, Inc., utilizing State of Florida Contract # STC 725 - 500 -12 -1 — Land Mobile FM or PM Communications Equipment (Two -Way Radios). The Sanitation Division has been using a radio system for two years in place of cell phones to simplify the communication throughout the Team. Utilizing the radios keeps all Team Members aware of what is happening on routes and allows multiple drivers to efficiently respond to service issues and emergencies. Public Works recommends awarding a purchase order to Motorola Solutions, Inc., based on pricing from the State of Florida Contract referenced above. 8. Approval to Purchase a Decorative Fountain for Lake Bennet. (CRA Administrator Wagner) As part of the CRA Beautification Program along the SR 50 corridor, $45,000 has been included for a lighted decorative fountain in this year's capital budget. Staff has researched many fountains in the area and consulted with various fabricators. Fountain Design Group has been the City's main provider for fountain maintenance and is the industry leader for custom fountains of the size and type needed for this installation. Page 2 City Commission Regular November 6, 2012 As a result of our contacts with this company, the City has been offered the opportunity to purchase a custom 15 HP fountain with added jets and lights that had been ordered and then cancelled by a large south Florida developer. As a result, the City will receive a discount of approximately $4,000.00 for a fountain that matches our needs perfectly. Due to the need to properly locate the unit near the middle of Lake Bennet, the quote includes the cost of upgraded copper wire to efficiently power the fountain. The cost also includes the control panel for the fountain and electrical hook -up. However, the CRA will incur an additional cost to have our own electrician provide a meter pedestal and disconnect to service the unit. The total cost will be $41,092.00 to be covered from the CRA Capital Improvement Budget. 9. Approval for Allocation of $33,000 to Cover Shortage in General Fund Legal Expense for FY 2012. (Finance Director Horton) Expenses for general fund legal services exceeded the budgeted amount for fiscal year 2012. The expenses were higher than anticipated due primarily to charges relating to a lawsuit resulting from failure to perform on a bid award (Mercon) and secondly, charges for labor negotiations with the police labor union. Staff recommends the city commission approve the transfer of funds from the Fiscal year 2012 contingency in the amount of $33,000 to cover the shortage in general fund legal fees. 10. Approval of Renewal of Microsoft Enterprise Agreement through SHI. (Information Systems Manager Ross) On December 15, 2009, the Mayor and City Commission approved a three year Enterprise Agreement with Microsoft through Software House International (SHI) as the state contract holder for Microsoft software. The term of the contract is up, and the City has the option to renew for an additional three years. Renewal of the contract allows the City access to the latest versions of Microsoft server and specialized applications, free technical support, free professional services, and training. The included Microsoft software is used by the entire City for communication, printing, electronic storage, remote access, project management, systems management, virtualization, and security. Additional applications are used by specific departments, such as Police and Fire, for mapping and routing. Standardizing on the Microsoft platform helps provide a seamless and fully integrated system from the desktop to the server, reducing technical issues and downtime. The cost of renewing the agreement should not exceed $55,000 this fiscal year. G. SECOND READING OF ORDINANCE — PUBLIC HEARING 11. Vacant Property Registry. (Advertised in the Orlando Sentinel on Thursday, October 25, 2012). (Police Chief Brown) a) Adoption of an Ordinance Establishing a New Chapter 164 in the Code of Ordinances for Vacant Property Registry. Multiple municipalities in Florida have established an abandoned residential property program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties. These properties not only create code violations, but they also produce fire hazards, as well as attract children and the homeless. They are taken over by squatters and house criminal enterprises. These issues are compounded when the individual property ownership is being disputed and the property does not have up -to -date contact information. Without a registry, police and code enforcement are unable prosecute or even trespass the individuals involved, leaving the properties subject to further neglect. b) Approval of Professional Services Agreement with Federal Property Registration Corporation for the Administration of an Abandoned Residential Property Program. (This is not a public hearing item) Federal Property Registration Corp. administers registries for municipalities throughout the state of Florida, including Boynton Beach, Fort Myers, and Apopka. Should the Honorable Mayor and Board of City Commissioners approve a Professional Services Agreement with Federal Property Registration Corp., the registration process will be administered by the Federal Property Registration Corp. in exchange for a percentage of the fees collected. The administration of the registry will include: records administration, providing internet website registration, fee payment, Page 3 City Commission Regular November 6, 2012 fee collection, monthly financial and registration reporting, data tracking, and status updates. Federal Property Registration Corp. will charge $200 per property per registration. From this amount, the City of Ocoee will receive $100. The term of the agreement is one (1) year and the parties may agree to renew the agreement for an additional two (2) one (1) year terms. The agreement may be cancelled by either party immediately upon 30 days written notice. H. PUBLIC HEARINGS 12. Approval of Resolution for Issuance of Non Ad- Valorem Refunding Revenue Note, Series 2012. (Advertised in the Orlando Sentinel on Thursday, October 25, 2012). (Finance Director Horton) The proposed Non —Ad Valorem Refunding Revenue Note, Series 2012 will be used to current refund the city's outstanding Non -Ad Valorem Revenue Notes, Series 2007 and 2008. The series 2007 note funded the purchase of the Crown Point (Coca Cola) property and the series 2008 note funded the purchase of the current police station. The 2007 note matures December 1, 2022 and has an outstanding aggregate principal amount of $2,945,000 with a 4.24% interest rate. The 2008 note matures February 1, 2022 and has an outstanding aggregate principal amount of $3,300,000 with a 3.59% interest rate. The notes are tax exempt and secured by a covenant to budget and appropriate non ad- valorem funds. 13. Approval of Resolution for Issuance of Water and Sewer System Refunding Revenue Note, Series 2012. (Advertised in the Orlando Sentinel on Thursday, October 25, 2012). (Finance Director Horton) The Water and Sewer System Refunding Revenue Note, Series 2012 will be used to refund the Water and Sewer System Note, Series 2008. The City secured a bank loan with SunTrust in 2008 to refund a portion of the Water and Sewer Revenue Bonds, Series 1997 for debt service savings. Proceeds from the 1997 bonds were issued for water treatment and distribution improvements, implementing a reclaimed water program, and effluent disposal expansion. The 2008 Note has an outstanding aggregate principal amount of $5,280,000 with an interest rate of 4.22 %. The note matures October 2026, is pre - payable at any time without a penalty, and is secured by water and sewer revenues. I. REGULAR AGENDA 14. Code Enforcement Reduction of Fine/Lien for Entity Now in Possession (Realtor) Following Foreclosure Judgment for 1714 Palmerston Circle. (Support Services Assistant Director Gaines) This property was cited on February 2, 2008, by Officer Theresa Rodriguez for failure to obtain any required final inspections for fence permit # 0602221 issued on September 8, 2006, which expired March 7, 2007. Officer Rodriguez cited the property owner for violation of ordinance 105.4. On April 22, 2008, the Code Enforcement Board issued an order to comply by May 23, 2008, or be fined $150.00 per day. Non - compliance with these orders resulted in an order imposing fine and lien on May 27, 2008. On June 19, 2009, an affidavit of compliance was entered into the file by Officer Rodriguez. An order imposing fine and lien for a total amount of $58,650.00 was recorded by the city. Entity in possession, the realtor, of this property following a June 5, 2012, final foreclosure judgment is requesting the fine /lien amount of $58,650.00 be reduced. The realtor representing the property after taking possession appeared before the Code Board September 25, 2012. The actual current owner is Castle Peak Capital Advisors. The property was recently under contract via a foreclosure auction, but the potential owners backed out. The realtor wants to proceed with the lien reduction to help get new owners into the property. The Code Enforcement Board is recommending the fine /lien be reduced to $637.78 to cover the City's cost. The discussion by the board was to reduce the amount; based on testimony from a realtor representing the entity in possession of the property. Page 4 City Commission Regular November 6, 2012 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. Page 5