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02-05-13 AgendaOCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida February 5, 2013 6:00 P.M. JOINT WORKSHOP WITH CODE ENFORCEMENT BOARD 7:15 P.M. AGENDA REGULAR CITY COMMISSION MEETING A. CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum B. PRESENTATIONS AND PROCLAMATIONS Proclamation — Crossing Guard Appreciation Week — February 1 st - 8 . ( Mayor Vandergrift) Presentation of Check by Parks and Recreation Department, along with Representatives from Chick -fil -A, to the Saving Young Hearts Organization as the Beneficiary of the Proceeds from the Chick -fil -A 5K Run and Kids Fun Run During the Founders Day Celebration. 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 771E 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 January 15, 2013. (City Clerk Eikenberry) 2. Appointment to the Citizen Advisory Council for Ocoee Police Department. (City Clerk Eikenberry) Members of the Citizen Advisory Council for Ocoee Police Department serve three -year terms. The Resolution creating the Board allows no more than fifteen (15) members. The board currently has seven (7) members. One application was recently submitted by Mr. Timothy Alcuri; therefore staff recommends the City Commission consider appointing Timothy Alcuri to the Citizen Advisory Council for Ocoee Police Department with a term ending January 1, 2016. City Commission Regular February 5, 2013 3. Reappointment to the Planning and Zoning Commission. (City Clerk Eikenberry) Members of the Planning and Zoning Commission serve three -year terms. Currently, the Planning and Zoning Commission consists of nine (9) members. There will be one (1) vacancy as of February 2013. The three -year terms of Members Angel de la Portilla and Frank Morris will end February 2013. Member Angel de la Portilla has indicated he is willing to serve another three -year term, if reappointed. From 2010 -2012, Member Angel de la Portilla has attended 1 l of 18 meetings. Member Frank Morris (District 1) has indicated he no longer wishes to serve on the Planning and Zoning Commission, therefore, leaving one (1) vacancy. There are no applications on file for this board. 4. Approval to move an Alternate Member to a Regular Member Position. (City Clerk Eikenberry) The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board is to review infractions of the City technical Codes, negotiate compliance and impose fines for failure to comply. The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members, all with three year terms. Member Julius Sais (District 1) resigned from the board leaving a vacant regular member position. There is one (1) alternate member position currently held by Keith Carrington, and there are no applications on file. Chairman Godek recommends moving up Alternate Member Keith Carrington (District 1) to the regular member position. 5. Approval to Piggyback Thompson Pump's GSA Contract #GS- 07F -0140V for the Purchase of a Trailer Mounted, Vacuum - Assisted Solids Handling (Trash) Pump. (Utilities Director Smith) To reduce dependency on outside vendors, and further to maintain costs, Utilities is recommending the purchase of a vacuum - assisted solids handling (trash) pump. The pump can be used for other projects as well. $35,000 was included in the FY 2013 budget for the pump; and the Department has procured a price quote from Thompson Pumps in the amount of $32,482, utilizing their United States General Services Administration (GSA) Contract #GS- 07F- 0140V. This contract is off of GSA Schedule #84, by which the City is in compliance with Federal Regulations. 6. Approval of Valley Crest Landscape Maintenance Contract, Second Extension. (Public Works Director Krug) The City contract with Valley Crest Landscape Maintenance for maintaining the City's landscaped areas and roadway medians expired in September of 2012. In the same month, the Commission extended the landscape maintenance contract through February 28, 2013, to allow the Parks & Recreation and Public Works Departments to solicit the new landscape contract. The RFP has been advertised with submissions due on February 12, 2013. In order to avoid any lapse in service, we are requesting a 60 day extension to the current Valley Crest contract while the selection committee evaluates the submissions to ensure the high maintenance standards are sustained. This will extend the Valley Crest contract to April 29, 2013, giving adequate time for RFP evaluation, Commission award and contract transition. 7. Approval to Expend and/ or Grant Forfeiture Monies to Law Enforcement Related Uses and Charities. (Police Chief Brown) Per Florida State Statutes 932.7055 "...any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than fifteen (15) percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program. The Ocoee Police Department recommends expending monies from its forfeiture fund to law enforcement related uses as follows: $750 to its Neighborhood Restorative Justice Program; $1,000 to sponsor its Citizen Police Academies throughout the year; $2,500 to purchase bicycle helmets to be distributed by the Department's Crime Prevention and School Resource Officer unit to children in need; $2,500 to the Ocoee Police Explorers; $3,000 for the City of Ocoee Annual Spring Fling event. Page 2 City Commission Regular February 5, 2013 Because of the services they provide to the Ocoee Police Department and to the community and because duplication of some of these programs by the Police Department is not possible, the Police Department recommends granting monies from its forfeiture fund to the following non -profit organizations: $1,000 to Mothers Against Drunk Driving; $1,500 to the Orange County Sexual Assault Treatment Center; $1,500 to the Orange County Victim Services Center; $2,500 to Spouse Abuse Inc. Harbor House, the domestic violence shelter and assistance center for Orange County; $2,500 to Lakeside Behavioral Healthcare (aka Central Florida Crisis Intervention Team), the facility that trains our police officers how to deal with people in crisis; and $2,500 to Crime Line, which provides crime solving tips to the law enforcement community. 8. Approval of Most Valuable Partnership Grant — Cycle 2012 -13. (Community Relations Manager Wright) The Most Valuable Partnership Grants Program has been in operation for several years. The grant program assists Ocoee neighborhoods and organizations with projects that will enhance property values and improve the quality of life in Ocoee. The MVP grant program is a matching grant program held once each year. The maximum matching grant award is $2,000. Funding is not given up front, but is reimbursed at the completion of the organization's project. Applicants fund their improvement projects and then get a portion back, up to a maximum of $2,000. Eight applications were received for this year's cycle. One applicant, Silver Glenn HOA, withdrew their application. The total amount of grant monies requested from the seven qualified applicants is $12,150. There is $10,000 funded for this year's MVP grant program. The following is the 7 applicants: Admiral Pointe HOA; Hammocks HOA; Ocoee High Baseball; Ocoee High Public Safety, Rotary Club of Ocoee; Sleepy Harbour and Woman's Club of Ocoee. Seven organizations were recommended to receive grants in the amount of $10,000. 9. Approval of a Resolution to Create a Loan Program for Employees under the City ICMA 457 Deferred Compensation Plan. (Human Resources Williford) The City provides an ICMA 457 Deferred Compensation Plan for employees to tax defer a portion of their salaries. This loan program would allow employees to borrow against their own money. G. FIRST READING OF ORDINANCES 10. Foundation of Lights — Rezoning to PUD /Land Use Plan. (Second Reading and Public Hearing scheduled for Febrz+ary 19, 2013, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Fabre) The subject property is located on the north and south sides of Floral Street, east of Kissimmee Avenue, and west of Cumberland Avenue. The applicant /owner is requesting a "Planned Unit Development" (PUD) zoning in order to allow for the existing Mosque expansion, daycare and health clinic. Accordingly, the applicant /owner has submitted a Land Use Plan for the PUD rezoning. The Foundation of Lights Land Use Plan (LUP) proposes an expansion to the existing Mosque and the Great Hall structure. The total development is proposed to be developed in two (2) phases. Phase l consists of a 5,647 square feet Mosque expansion and parking area improvements. Phase 2 consists of a 4,600 square feet expansion of the existing Great Hall. H. PUBLIC HEARINGS 11. First Reading of Ordinance Regarding Land Development Code Amendment — Engineering Standards Manual. (Second Reading and Public Hearing scheduled for February 19, 2013, Regular Commission Meeting at 7 :15 p.m. or soon thereafter. Advertised in the Orlando Sentinel on Thursday, January 24, 2013). (City Planner Rumer) The City has implemented many procedures to help streamline development reviews and approvals. The Engineering Standards Manual is a firm technical guideline for engineering materials' design, construction, and layout for all improvements that shall be dedicated, owned, and or maintained by the City of Ocoee. This manual is intended to centralize development policies and changes in requirements the City has made that is either not referenced in the Land Development Code or is in direct conflict Page 3 City Commission Regular February 5, 2013 with the Code. This manual will complement the Land Development Code in its direction and requirements for building facilities such as stormwater retention, water and sewer utility installation, and paving of rights of ways and other surfaces. 12. Silver Bend HOA Appeal — Quasi Judicial Hearing. (Advertised in the west Orange Times on Thursday, January 24, 2013). (City Planner Rumer) On November 27, 2012, City staff approved a small scale site plan for a proposed 12,480 sq. ft. Dollar General store located on Tract B of the Silver Bend subdivision, consisting of 2.17 acres. The zoning designation for the property is C -2 (Community Commercial). Pursuant to Section 4 -3 of the Land Development Code, the site plan was processed as a small scale site plan since the proposed building was a non- residential building of less than 25,000 sq. ft. Because the site plan was classified as a small scale site plan, the plan was approved by City staff alone and did not require Planning and Zoning Commission review or City Commission approval. Further, the applicant, Concept Development, LLC, did not request any waivers in connection with the approval of the plan. Following approval of the site plan, neighboring residents appealed the decision to approve the site plan. While the Board of Adjustment generally considers variance requests, the Land Development Code provides that the Board of Adjustment also hears appeals of City staff land development decisions. Pursuant to Section 3 -3.D. of the Land Development Code "[a]ppeals to the Board of Adjustment may be made by any person aggrieved... by any decision of the Building and Zoning Official in connection with the enforcement of [the Land Development Code]...." I. REGULAR AGENDA 13. Award of Bid No. B13 -03 to C &D Construction, Inc. (Cocoa, FL) for Construction of a Replacement of the Community Center and to Increase the Budget for this Project. (Support Services Director Butler) The City Commission determined in FY 2012 that it was in the best interest of the city's residents for a larger Community Center venue to be available for public and private events. In furtherance of this decision, the architectural firm of Rhodes & Brito was selected to prepare the conceptual and construction plans for the project. Through a series of design sessions with City Commissioners, staff, and potential users of the facility, a set of bid documents were created for a facility with a maximum occupancy of 500 persons. Bids were opened on January 23; 10 bids were received. The lowest responsive and responsible bid was provided by C &D Construction, Inc., of Cocoa. Their base bid amount was $2,097,000.00. Their proposed price for Add - alternate 1, an enhanced building sign with a fountain and clock tower, was $44,000.00. Their proposed price for Add - alternate 2, a power switch and wiring system permitting the use of a portable generator to power the building's electrical system, was $24,000.00. Based on the lowest responsive and responsible bid of $2,165,000 from C &D Construction, Inc., and staff's desire for a 5% contingency allowance, the total construction phase budget needs to be $2,273,250. The currently available funds are $1,636,052.45. J. STAFF ACTION ITEMS K. COMMENTS FROM COMMISSIONERS ADJOURNMENT PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTES 286.0105: ANN' PERSON WIIO DESIRES TO APPEAL ANN' DECISION AT THIS MEETING WILL NEED A RECORD OF THE, PROCEEDINGS AND FOR TIJIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHIC11 THE APPEAL IS BASED. ALSO, IN ACCORDANCE WITH FLORIDA STATUTE 286.26: PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANN' OF TIIESE 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