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03-19-13MINUTES March 1.9, 2013, at 7:15 P.M. REGULAR CITY COMMISSION MEETING 7:00 P.M. Swearing in of Mayor Vandergrift, Commissioner Johnson and Commissioner Grogan A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of Allegiance to the Flag, led by Commissioner Grogan. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson, and Commissioner Keller. Also Present: City Attorney Cookson, City Manager Frank, City Clerk Eikenberry B. PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift announced that Troop #227 from First Methodist Church of Pine Hills was present tonight to earn their citizenship badge. Each scout member was introduced. Impact Fee Study Update. (City Planner Rumer) - Pulled to be heard at a later date in April. C. CO MME N TS FROM CITIZENS /PUBLIC Comments from Citizens /Public were heard after Staff Reports and Agenda Review. Victoria Laney, 828 Hammocks Drive, briefly addressed the board to speak in regards to traffic on Silver Star Road. There are issues with traffic at the church on Good Homes Road and Silver Star Road and she has attempted to speak with the State but it has not been easy. She is requesting if Ocoee could help their church appeal to the State so a median can be put in to help. Mayor Vandergrift shared that the road in question is a State road and is outside the city limits but he would like to have a member of staff to take it under advisement and see if there is anything they can do to help. Commissioner Keller asked Ms. Laney to send him something regarding her concerns since he will be going to Tallahassee tonight for a conference and will be meeting with some people from FDOT. D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank made the following announcements: 1) There is an Emergency Items on the dais in front of them. Emergency Item - Special Event Permit Request for Road Closure — Sawmill Subdivision Easter Egg Hunt. (Building Official Washington) Mayor Vandergrift, seconded by Commissioner Keller, moved to approve the Special Event Permit Request for Road Closure for Sawmill Subdivision Easter Egg Hunt. Motion carried 4 -0 with Commissioner Wilsen absent. Regular City Commission Meeting March 19, 2013 2) SAFE Class — Wednesday April 24, 2013, from 6:00pm till 9:00pm. This is a free, one time, three hour presentation on self - defense and safety awareness for women. The class is taught by Ocoee Police Officers using the National Self Defense Institute's S.A.F.E. curriculum. Topics covered include: self - defense, crime prevention, and domestic violence. The class is held at the Ocoee Police Department. You must be at least thirteen years of age to attend. If interested contact Officer Patera Scott at 407 -905- 3160 ext. 3024. 3) The Parks and Recreation Department will be sponsoring its Annual Easter Eggstravaganza on Saturday, March 30th at the Jim Beech Recreation Center from 10:00 a.m. to noon. There will be Easter Egg Hunts for children from infants to 12 years of age; along with prizes, bounce houses, arts & crafts, face painting, coloring contest, clowns and pictures with the Easter Bunny. For more information contact the Parks and Recreation Department at 407 - 905 -3180. 4) The City of Ocoee Fire Department would like to extend local residents the opportunity to participate in their inaugural Citizen's Fire Academy. The first Citizens Fire Academy will consist of five three -hour sessions to held be on consecutive Wednesday evenings running from April 3, 2013 thru May 1, 2013. Each session begins at 6pm. Academy participants will be given the opportunity to learn about, observe and participate in the various activities and services provided by the Ocoee Fire Department, as well as receive an insider's view of the department's operations. For more information contact Lt. Tom Smothers at 407 - 905 -3140. E. COMMISSIONERS ANN Commissioner Keller - announced the 8 1h Annual Ocoee Spring Fling at Bill Breeze Park is being held this Saturday, March 23, 2013, from 10:00 a.m. to 3:00 p.m. (rain or shine) It is a free community event filled with fun activities, games, and live demonstrations all aimed at reinforcing safe behavior by our youth and families and showcasing community services available throughout the area. It is held in cooperation with several municipal, county, and state agencies as well as private businesses, civic groups, and non -profit organizations. Included in the free event will be face painting by Petey the Clown, games, rides, music, food, prizes, bike rodeo, and educational road obstacle truck. For Ocoee resident's trees, plants, and rain barrel giveaway with proof of residency. Please bring a non - perishable food item for a Food Drive to help benefit local needy families. No pets please. Commissioner Johnson — thanked the Ocoee Professional Firefighters for the St. Patrick's Day event this past weekend. He appreciated the chance to be a judge for the Chili Cook -off. Commissioner Grogan — None Mayor Vandergrift — 1) announced the Little League is playing almost every night and the high school is in summer season with most of their sports. Information can be found in the gazette for the times on those events. 2) thanked staff for setting up the reception tonight and for all those that attended the swearing in. Regular City Commission Meeting March 19, 2013 F. CO NSENT AGENDA _ v Commissioner Keller, seconded by Mayor Vandergrift, moved to approve the Consent Agenda Items #1 through #5; excluding Item #3 which is being pulled to be heard for separate consideration. Motion carried 4 -0 with Commissioner Wilsen absent. 1. Approval of Minutes for the Regular Commission Meetings Held March 5, 2013. (City Clerk Eikenberry) Approved on Consent. Motion carried 4 -0 with Commissioner Wilsen absent. 2. Approval of Fountains at Tivoli Place (FKA Fountains at Highland Park) Final Subdivision Plan for Phase 1. (City Planner Rumer) The Fountains at Tivoli Place PUD is approved of a total of seventeen (17) connnercial lots to be developed in three (3) Phases. The Phase 1 Final Subdivision Plan consists of only one buildable lot (Lot 17) and its associated infrastructure. The infrastructure requirements for this Phase include utilities, stormwater pond, sidewalks, entrance landscaping, access driveway and an eastbound 145 -foot left -turn lane into the site on Tomyn Boulevard. Lot 17 is proposed to be 1.63 acres in size and is located on the southeastern portion of the PUD site. The Applicant has also submitted a Site Plan for construction of a 12,022 square feet (Primrose School) Day Care building on Lot 17. Since the proposed construction of Lot 17 is less than 25,000 square feet, it is considered a "Small - Scale" Site Plan and, therefore, subject to administrative review and approval per Land Development Code, Article IV, Section 4 -3. Approved on Consent. Motion carried 4 -0 with Commissioner Wilsen absent. 3. Approval of Contract with Genuine Parts Company (Doing Business as NAPA) to Provide On -site Management of the Fleet Parts Supply. (Public Works Director Krug) Through the City's membership in the National Joint Powers Alliance (NJPA), we are able to contract the management of the Fleet parts room to Genuine Parts Company (NAPA). NAPA is able to provide services to the City through their inventory management system designed to lower the transaction costs, improve efficiency and increase productivity through their purchasing power as a leader in providing auto and industrial parts. NAPA has reviewed our parts usage and conservatively anticipates an overall 15% to 20% reduction in costs of parts to the City through its on -site store. With an annual vehicle parts budget of $596,700.00 for the City, this will equate to an approximate $75,000.00 to $100,000.00 savings. The existing parts room will be jointly inventoried by the City and NAPA with a credit issued to the City for the value of the parts on hand which have a value of approximately $30,000.00. NAPA's inventory management system is compatible with the City fleet work order system which will enable more accurate tracking of vehicle maintenance costs. This item was pulled from the Consent Agenda to be considered separately. Commissioner Johnson inquired, if during their process, were bids received from other companies. Public Works Director Krug explained that that tried to get interest from other companies but they ended up going with NAPA when they contracted out. They are looking to go to the next level in saving additional monies so they looked for contracts to piggy back off that other cities use. NAPA, being such a big organization had something they could work with. Public Work Director Krug briefly explained the benefits of going through NAPA. City Manager Frank clarified that this was not bid out by the City because they belong to several different purchasing alliances around the country, such as National Joint Powers Alliance, that does bid these things out; very similar to a piggybacking. Mayor Vandergrift inquired how 31 Regular City Commission Meeting March 19, 2013 much money would be saved verses what they are spending now. City Manager Frank advised about $100,000. Public Works Director Krug said this is an annual contract and as long as the joint alliance contract exists they can piggyback off it. City Manager Frank advised this was something they thought they would get off the ground fairly quickly due to the savings if they learn that there are other companies that can do this for less money than they can bid it out in the future. Commissioner Keller shared that at the National League of Cities Conference they did have a National Procurement Program and considering they are in the NLC it would be worth getting a bid from them just to see if they can save any additional funds. Mayor Vandergrift said that could be done a year from now. Mayor Vandergrift, seconded by Commissioner Johnson, moved for approval of Contract with Genuine Parts Company (Doing Business as NAPA) to Provide On- site Management of the Fleet Parts Supply. Motion carried 4 -0 with Commissioner Wilsen absent. 4. Approval of Award of REP #13 -001 Landscaping, Landscape Maintenance, and Mowing Services to Valleycrest Landscape Maintenance, Inc. (Purchasing Agent Tolbert) The City's current general mowing and landscaping tern contract with Valleycrest Landscape Maintenance Inc. expires April 29, 2013. The cost of the current contract is $211,128.00 annually. In compliance with the City of Ocoee Purchasing Code Chapter 21, proposals were solicited from qualified contractors to provide landscaping, landscape maintenance and mowing services. The services are for Fire Station 25, 26, and 39, City Hall Complex, Heath Center, Ocoee Cemetery, Clarke Road medians, Maguire Road medians, Silver Star Road medians, Ocoee Crown Point medians, Old Winter Garden Road medians, McKey Street streetscape, Blackwood Avenue Medians, Palm Park, and the Ocoee Police Station. The public RFP Evaluation Committee meeting was held on February 27, 2013, with the Evaluation Committee evaluating and short - listing the firms on specific evaluation criteria. Staff recoimnends that the City Commission award the term contract for RFP #13 -001 Landscaping, Landscape Maintenance, and Mowing Services to Valleycrest Landscape Maintenance Inc. in the amount of $190,200.00 annually for an initial three (3) year term with two (2) automatic one -year extensions, for a total of five (5) years. Approved on Consent. Motion carried 4 -0 with Commissioner Wilsen absent 5. Approval of Contracting with Standard Pacific Homes, Inc. for the Installation of 12 Inch Reuse Main along Old Clarcona -Ocoee Road in Conjunction with the Construction of the Arden Park South Subdivision. (City Engineer Wheeler) The Arden Park South subdivision was approved by the City Commission on November 6, 2007. The project did not actually go to construction until January of 2012. The project consisted of installing the infrastructure representative of a residential subdivision for 157 single family homes. The development has connected to the City's potable and reclaimed water system on Clarke Road and the sanitary sewer on Nicole Boulevard. Three portions of the North Service Area Reclaimed Water Main project have already been approved for construction by the City Commission by including them into other ongoing projects. Columnar Development is to install approximately 3100 linear feet of 16 inch reuse water main along McCormick Road along the frontage of the Brynmar and McCormick Woods subdivisions. Dewitt is installing approximately 600 linear feet of 12 inch reuse main along Ingram Road and under Clarcona -Ocoee Road as they widen that road for Orange County. Standard Pacific Homes is being required to install a sidewalk along Clarcona -Ocoee Road, but outside of the road right -of -way, as a part of their project. They will also be raising the area outside of their perimeter wall and installing new landscaping at the southwest corner of the intersection of Ingram and Clarcona -Ocoee Roads. This is a portion of the route and location of the proposed 12 inch reuse main currently being designed for bid later this year. The City approached Standard Pacific Homes and their contractor, Boykin Construction, Co. about having them install this additional leg of the reuse pipeline as part of their project and before they perform 4 1 1 Regular City Commission Meeting March 19, 2013 their work in this area. The approximate length of this section of pipe is 300 linear feet. Standard Pacific's contractor has provided a cost proposal for performing the work in the amount of $17,845.25. The unit costs are the same for similar material installed in the Arden Park South project. Standard Pacific Homes has agreed to add a nominal markup which would increase the total cost to $18,500.00. Approved on Consent. Motion carried 4 -0 with Commissioner Wilsen absent �G. PUBLIC HEARINGS - N one H. REGULAR AGENDA _ _ 6. Code Enforcement Reduction of Fine /Lien for SunTrust Bank re: 600 Lyman Ave. (Assistant Director of Support Services Gaines) This property was cited on April 17, 2009, by Officer Robert Siegrist as a nuisance to the public health, safety and welfare. Officer Siegrist observed a trailer / shed behind the house in sub - standard condition and further described as a non - conforming structure. On July 28, 2009, the Code Enforcement Board issued an order to comply by August 7, 2009 or be fined $250.00 per day. The location was routinely checked and documented by Officer Siegrist November 2009 — November 2011 and documented as non - compliant with ten signed affidavits. On February 3, 2012, the violations were observed, corrected, and an affidavit of compliance was issued. SunTrust Bank, the original mortgage holder, appeared before the code enforcement board on February 26, 2013, and requested not a revision, but a cancellation of the fine /lien amount of $227,000.00 and the city's cost of $1,098.27. SunTrust Bank claims that they were not noticed about the code enforcement violation or hearing. The Code Enforcement Board is recommending the fine /lien be reduced to $10,000.00. The discussion by the board to reduce the amount was based on testimony and answers from an attorney representing SunTrust Bank. Assistant Director of Support Services Gaines gave a brief history of the violations observed by the Code Enforcement Officer. He noted the property was first sited in April 2009 and violations have been observed as corrected as of February 2012. He stated the Code Enforcement Board is recommending the fine /lien be reduced to $10,000.00. Commissioner Johnson inquired as to why code enforcement took pictures inside and outside. Mr. Gaines they originally responded to a minimum housing inspection first. Commissioner Grogan noted that there was raw sewage outside the house. David Ashton, SunTrust Representative, said the home was acquired by the bank through foreclosure in December 2012 and the property brought into compliance at that time. He asked for leniency with regard to this lien. He thanked Commissioner Johnson for the opportunity to talk to him earlier this week. Commissioner Johnson said that he would like to recommend the lien is reduced to $2500. Commissioner Johnson, seconded by Commissioner Keller, moved to reduce the fine to $2500.00, payable within 30 days or it will revert back to the original lien amount. City Attorney Cookson clarified that the reduction of $2500 included staff costs as well. Commissioner Johnson answered in the affirmative. Also, that it would be payable within 30 days or it reverts back to the original lien. Regular City Commission Meeting March 19, 2013 Commissioner Keller stated that he is tired of banks coming forward and asking to have liens waived after they have been pending for four years. He is not buying the claim that SunTrust is making that they were unaware the property had liens accruing while the neighbors had to put up with the property issues. After the discussion, Motion carried 4 -0 with Commissioner Wilsen absent A. STAFF ACTION ITEMS - none B. COM MENTS FROM COMMISSIONERS Commissioner Grogan — None. Commissioner Johnson — 1) announced that he wished former Commissioner Hood well and thanked him for his great service to Ocoee; he added that he knows Commissioner Grogan will do a great job as well. He said he would like to make Gary Hood an Ex- Officio Member of the Founder's Day Board. Without objection, consensus of the Commission was to appoint Gary Hood to the Founder's Day Committee Commissioner Keller — 1) reminded everyone of the Spring Fling Event this Saturday, March 23, 2013, from 10:00a.m. to 3:00p.m as noted in his announcements earlier 2) thanked the Ocoee Professional Firefighters for a great event St Patty's Day Fundraiser event over the weekend, 3) welcomed Commissioner Grogan to the Commission and said they look forward to working with him. Mayor Vandergrift — None ADJOURNMEN I THE MEETING WAS ADJOURNED AT 7:43 P.M. Attest: 4:: 7 H Beth - lAkenberry, City Clerk APPROVED: City of Ocoee S. Scott Vandergrif, , Mayor 6 1 "