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06-04-13MINUTES June 4, 2013, 2013, at 7:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO O RDER 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 Wilsen. 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 A ND PROCLAMATIONS Nemours Children's Hospital Update /Overview Martha Santoni, Nemours Government Relations Coordinator, gave a brief presentation and overview of the Nemours Children Hospital. Ms. Santoni invited the Commission to schedule a tour of the hospital. Mayor Vandergrift asked how people can donate to the cause. Ms. Santoni explained that Nemours is not collecting donations; however, the Ronald McDonald House of Central Florida is. Donations can be made at http:// wy vw, rml_ lorlando.com /ride4 ronald.shtml . C. COMMENTS FROM CITIZENS /P UBLIC CACOPD Vice -Chair Laney addressed the commission about enlisting their support in making the Fat Boy Chronicles part of Founders' Day. She continued by saying that she is also working with Chief Brown to show the film at local schools. Without objection, Mayor Vandergrift suggested she coordinate efforts with Community Relations Manager Joy Wright. D. STAFF REPORTS AND AGE REVIEW City Manager Frank made the following announcements: A meeting was held with County Mayor Teresa Jacobs, and they discussed the CRA expansion, possible creation of a second CRA in the downtown area, increased services for reclaimed water for residents, and the implementation of a solid waste interlocal agreement. Also discussed at the meeting was a state program for the annexation of enclaves. Negotiations are still ongoing for the water tower; however, on the table is the possibility of a yearly lease, which is an improvement from the original 1.8 million dollars. _ E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller —The Parks and Recreation Department will be hosting its monthly Food Truck Friday event on Friday, June 21st, from 6:00 to 9:00 pm. on Lakeshore Drive in Bill Breeze Park. Food trucks will be offering gourmet food and delectable treats, and the movie "Escape from Planet Earth" will be shown during the event; the movie will start at 8:30 p.m., so come out and enjoy a dinner and a movie in the park. Regular City Commission Meeting June 4, 2013 The Ocoee Family Aquatic Facility is open for the 2013 season. Information on the pool hours and admission costs can be found on the city's webpage www.ocoee.org or by calling the Beech Recreation Center at 407 -905 -3180. The Parks and Recreation Department has a limited number of openings in its popular swimming lesson program; individuals that are interested in registering for lessons should contact the Beech Recreation Center at 407 - 905 -3180. Commissioner Johnson - None Commissioner Wilsen — None Commissioner Grogan -- The Fire Department is offering the following CPR and AED programs during June: • The "Heart Saver CPR and AED" course is being offered on Wednesday, June 12th from 1 — 5 PM. There is a $25 fee for this course which issues an American Heart Association certification card. • A free "Friends and Family" basic CPR class is being offered on Wednesday, June 26th from 6 - 9 PM. This free course does not issue a certification card. Both sessions will be held at Ocoee Fire Station 25 located at 563 S. Bluford Ave. in Ocoee. Call 407 -905 -3140 during normal business hours for more information or to register. Mayor Vandergrift — Thanked the Utilities Department for their assistance with rescuing a kitten from a drainage line at Wal- Mart. - -- - -- -- _.. ............ ._..- F. CONSEN AGENDA Mayor Vandergrift, seconded by Commissioner Keller, moved to approve the Consent Agenda Items #2 through #7; excluding Item #1 which is being pulled to be heard for separate consideration. Motion carried 4 -0 with Commissioner Johnson away from the dais. 1. Approval of All -Rite Fence Services for City Pond #7. (Public Works Director Krug) The City maintains Stormwater Pond 47 serving the Forest Oaks subdivision. The City installed a safety fence numerous years ago along the Ison Lane properties that back up to the pond. Several areas of this fencing have outlasted its useful life span and require replacement. Public Works contacted the property owners to verify their desire to replace the chain link fence and eleven (11) of the eighteen (18) properties boarding the pond agreed to new fencing. The seven (7) property owners not wanting new fencing have either installed their own privacy fencing or want to maintain the mature shrubbery growing along the property line. Public Works contacted several local fencing contractors with only one providing a responsive quote. Most vendors were not interested in the work due to the difficult site access. All -Rite Fence provided a quote of $15,823.08 utilizing pricing from competitively bid Orange County Public Schools term pricing contract 8 1 106162IT13. Public Works has verified the pricing is in line with industry standards and recommends awarding the Pond 47 replacement fencing work to All -Rite Fence for $15,823.08 based on the OCPS contract #I 106162IT13. This item was pulled from the Consent Agenda to be considered separately. - 21Page Regular City Commission Meeting June 4, 2013 Mayor Vandergrift stated that this item was pulled because there was an objection to the City installing a new safety fence along the lson Lane properties. Public Works Director Krug stated the City approached all property owners along the fence line to see if they would like the fence replaced. He explained that the replacement would be a chain -link safety fence, and not a privacy fence. He continued by saying that 14 of the 18 property owners replied in the affirmative. Mayor Vandergrift stated that $15,000 is quite costly for the pond to only be partially fenced. Public Works Director Krug stated that the slopes of the pond do not require fencing. Commissioner Keller stated that he has received communication from property owners asking for the new safety fence to be installed. Commissioner Keller, seconded by Commissioner Wilsen, moved for approval of Item #1- All -Rite Fence Services for City pond #7. Motion carried 5 -0. 2. Approval of the Cintas Corporation Facilities Solutions Agreement. (Public Works Director Krug) At the January 4, 2011, meeting, the Commission approved the Public Works Team's utilization of Cintas for uniform, shop towel and fender cover service. Pricing was based on a Volusia County bid; however Cintas has since approached the City with an alternative contract which will save Public Works approximately 55,000.00 annually. Ocoee is a member of the U.S. Communities Government Purchasing Alliance which is a cooperative that allows the City to take advantage of competitively bid contracts from other government agencies. The Harford County Public Schools, Maryland, has provided a Master Agreement for the City to utilize for uniform, shop rag, fender cover and carpet service providing a significant savings, Public Works will spend approximately $25,800.00 for the services. The Parks and Recreation Department also utilizes Cintas for uniform service and will benefit from the contract at their approximate budget of $2,700.00. Approved on Consent. Motion carried 5 -0. 3. Approval of the Trailer Attenuator Purchase from Guide Services, Inc. (Public Works Director Krug) The City is reimbursed by the FDOT to provide maintenance on the State right of ways in Ocoee. A major part of this maintenance includes Stormwater sweeping the roads to remove debris before reaching the retention ponds and water bodies. Our sweeper vehicle is outfitted with the proper safety arrows on the back to alert traffic to go around the slow moving vehicle when operating. New requirements from the Federal Government's Manual on Uniform Traffic Control Devices, and as adopted by the FDOT in their Maintenance of Traffic Design Indexes, now require an additional safety measure of a shadow vehicle utilizing a crash attenuator. The attenuators can be either mounted on a dedicated shadow truck or a trailer mount pulled by the shadow vehicle. Public Works reviewed the options and elected to pursue the purchase of a trailer mounted attenuator. The FDOT's Qualified Products List (QPL) provides four (4) products that meet the trailer mounted attenuator requirements of the State. Of the four products, only one is approved for use with medium duty shadow vehicles, the remaining three require a heavy duty shadow vehicle. The heavy duty vehicle requirement is due to the design anticipating the vehicle absorbing the majority of the energy. Public Works has researched the products and determined the Scorpion TL3, by TrafFix Devices, Inc., provides the best protection and versatility for the City to utilize with our fleet of medium and heavy duty trucks. Public Works is recommending the purchase of a new Scorpion Trailer Attenuator TL3, by TrafFix Devices, Inc., for $33,055.00 delivered, from Guide Services, Inc., based on the variety of options it allows the City to use for shadow vehicles to meet the maintenance of traffic requirements when working in State right of ways. Approved on Consent. Motion carried 5 -0. 3 Wage Regular City Commission Meeting June 4, 2013 4. Award of Bid #1113 -05 Ocoee Wastewater Treatment Plant South Filter Bay Rehabilitation Project. (Purchasing Agent Tolbert) In 1992, the City of Ocoee Wastewater Treatment Facility initiated a major expansion which included the upgrade of the plant to public contact effluent disposal (reclaimed water). To accomplish the treatment level, the plant was equipped with a sand filter unit process. The unit process is divided into north and south filters capable of providing a redundant (each filter) 3 million gallons per day loading. The physical demands on these filters' material requires routine rehabilitation. The Utilities Department planned the rehab of the south filter for Fiscal Year 2013 and the north filter for 2014. The rehab cycle life is anticipated to be ten (10) years. The City of Ocoee, Florida (City) solicited bids from qualified contractors to furnish labor, supervision, materials, equipment, supplies and incidentals for the Ocoee Wastewater Treatment Plant South Filter Bay Rehabilitation project. The bid was publicly advertised on March 10, 2013, and opened on April 2, 2013. There was a total of two (2) bids received ranging from $164,524.00 to $228,000.00. The Utilities and Finance Departments reviewed all bids received and all were considered responsive. Staff recommends awarding the bid to Aqua - Aerobic Systems Inc. as the most responsive and responsible bidder, per the attached recommendation from Charles Smith, Utilities Director. Aqua- Aerobic's bid is $15,476.00 lower than the Engineer's estimate of $180,000.00. Approved on Consent. Motion carried 5 -0. 5. Award of Bid #1113 -06 Asphalt Paving Projects for FY 2013. (Purchasing Agent Tolbert) The City of Ocoee, Florida (City) solicited bids from qualified contractors to furnish labor, supervision, materials, equipment, supplies and incidentals for the asphalt paving projects for fiscal year 2013 for roads within Forest Oaks Subdivision (Hager Dr., Rich Dr., Prairie Lake Dr., Withers Ct., and Ison Ln.) and Sawmill Subdivision (Canyon Trail Ln, Cross Cut Ct., and Horulake Circle); in the City of Ocoee. The bid was publicly advertised on April 14, 2013, and opened on May 9, 2013. There was a total of five (5) bids received ranging from $167,808.13 to $236,172.45. The Public Works and Finance Departments reviewed all bids received and all were considered responsive. Staff recommends awarding the bid to Empower Construction Inc. for $167,808.13 as the most responsive and responsible bidder, per the attached recommendation from Steve Krug, Public Works Director. Empower Construction's bid is $72,191.87 lower than the Engineer's estimate of $240,000.00. Approved on Consent. Motion carried 5 -0. 6. Approval of Intent to Annex for Water Service for Donald and Rebecca Hallahan at 250 11th Avenue. (City Engineer Wheeler) Mr. and Mrs. Hallahan own the property which is located at 250 1 Ith Avenue and have approached the City for utility service. The property was platted as a part of the North Ocoee Addition No. 2 subdivision and has one single family residence on the property. The property is currently within unincorporated Orange County and is not contiguous to the City Limits. However the property is inside the City's JPA boundary, Water & Sewer Territorial Boundary, and City Limits. Sanitary sewer service from the City is not available at this time; therefore, this is just intent to annex for water service. Approved on Consent. Motion carried 5 -0. 7. Approval of Intent to Annex for Water Service for THR Florida LP at 110 16 ' h Avenue. (City Engineer Wheeler) THR Florida LP owns the property which is located at 110 16111 Avenue and has approached the City for utility service. The property was platted as a part of the North Ocoee Addition No. 1 subdivision and has one single family residence on the property. The property is currently within unincorporated Orange County and is not contiguous to the City Limits. However the property is inside the City's JPA boundary, Water & Sewer Territorial Boundary, and City Limits. Sanitary sewer service from the City is not available at this time; therefore, this is just intent to annex for water service. Approved on Consent. Motion carried 5 -0. 41Page Regular City Commission Meeting June 4, 2013 G. FIRST READING OF ORDINANCE 8. First Reading of Ordinance - Amendment to Article III of Chapter 168 of the Code of Ordinances of the City of Ocoee Relating to the Enforcement of Red -light Traffic Signal Infractions. (Second Reading and Public Hearing scheduled for June 18, 2013, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Police Chief Brown) House Bill 7125 was passed by both the Florida House of Representatives and the Florida Senate. The bill has not yet been signed by Governor Rick Scott as of the date of this staff report; however, the House Bill will cause changes to be made to the current ordinance. Staff has prepared a new ordinance with the new changes to become effective July 1, 2013 to be concurrent with the effective date of changes to the Mark Wandall "Traffic Safety Act once signed into law by Governor Rick Scott. Staff recommends the approval of the ordinance amendment. City Attorney Cookson read the title of the Ordinance. Mayor Pro Tem Keller announced the second reading and public hearing will be held on Tune 18, 2013, at 7:15 p.m. or soon thereafter. H. R EGULAR AGENDA 9. Discussion Regarding City Logo. THIS ITEM WAS TABLED AT THE MAY 21, 2013, CITY COMMISSION MEETING. f T his m otion was brought ha ck for recons Commissioner Kell who was on the prevailing side of the motionz. Mayor Vandergrift stated that the city attorney's opinion was that the motion did not need to be reconsidered, they can make a new motion if they so choose. Commissioner Keller stated why he felt the discussion needed to be brought back and clarified. Commissioner Grogan stated that according to parliamentary procedure, once a motion has been voted on and acted upon, it should not be revisited. Discussion ensued with regard to using the passion flower logo as the logo throughout the entire city. Additionally, it was discussed that if the logo is to be changed budgeting should be considered to change everything in the City as opposed to an "as needed" basis which would leave two different logos around for many years. There was also discussion about keeping the "Center of Good Living" statement or adding a new one such as "City of Passion" and what would make the best marketing tool. Mayor Vandergrift noted that, in the past, the residents had been involved in choosing the logo. He felt that a poll should be taken among residents giving them more than one option to pick from. City Manager Frank noted that the passion flower logo was professionally designed; we did not have any second or third options to present to residents. Commissioner Wilsen stated she would like all entry signs to be consistent with the passion flower. She added that although she values what the residents think, she feels the Commission should stick to what they voted on. She would like to see the Commission unified on this issue. Mayor Vandergrift said he thinks it started as the entry signs and morphed into this city ide concept, he feels that a clearer look at it should be taken. Mayor Vandergrift, seconded by Commissioner Johnson, moved to poll city residents for their opinion on a new city logo and to give them more than one option to select from. After the discussion, the motion failed 2 -3, with Commissioner Wilsen, Commissioner Keller, and Commissioner Grogan opposed. __5_1Page Regular City Commission Meeting June 4, 2013 10. Discussion Regarding Placement of Red -Light Cameras as approved by Commission on January 15, 2013. (Police Chief Brown) On January 15, 2013, the Mayor and City Commissioners authorized three (3) additional red -light cameras. Applications for all cameras have been sent to the Florida Department of Transportation (FDOT) and two (2) of the locations need further discussion. FDOT has requested that the construction of the cameras on SR 50 at Blackwood Avenue and SR 50 at Maguire Road be delayed due to the road widening project. It is projected that construction will occur within the next year and the cameras will have to be removed due to the road construction. These two (2) locations are no longer feasible and two (2) other locations should be considered. Based on studies of red -light violations and traffic crash data, the following intersections are recommended for camera placement: Northbound Ocoee Apopka Road @ Silver Star Road, and Westbound Silver Star Road Clarke Road. Police Chief Brown and Lt. Dreasher introduced the item. Lt. Dreasher informed the Commission that the original intent to place two red light cameras on SR 50 is not feasible at this time due to upcoming construction projects; therefore traffic engineering studies have been conducted to assist in selecting alternate locations. He stated the recommended locations would be Northbound Ocoee Apopka Road C&, Silver Star Road, and Westbound Silver Star Road @ Clarke Road, and gave other alternatives to pick from. Chief Brown stated that when the construction is completed on State Road 50, they can come back to the Commission with recommendations to install of red light cameras on SR 50. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the staff recommendation to place the two red light cameras that were originally slated for SR 50 at the following alternate locations: Northbound Ocoee Apopka Road (off Silver Star Road, and Westbound Silver Star Road (cD_ Clarke Road. Motion carried 5 -0. Mayor Vandergrift asked if they had looked into offering a traffic school that would aid in reducing the red light camera fines. Chief Brown said they are looking into the legal and logistical aspects of that; they currently have no model because no other cities are doing that. Lt. Dreasher presented a statistical overview for Ocoee Red Light Cameras. There was discussion about the need for a special magistrate to handle red light camera violations in the future. The Police Infraction Hearing Board was changed to the Violations Hearing Board and they will no longer have anything to do with red light tickets; they will handle such things as loitering, bow fishing, cemetery violations, golf carts, etc. 11. Approval of Code Enforcement Reduction of Fines /Liens for Lake Butler Profession Center LLC; Re: 1650 Maguire Road. (Assistant Director of Support Services Gaines) On April 15, 2009, the property located at 1650 Maguire Rd. was observed to be vacant with weed /grass growth over 10 ". The growth was so high that the City received numerous complaints from motorists regarding obstructed view. On July 28, 2009, the Code Enforcement Board found the respondents in violation as cited and issued an order to comply by August 7, 2009, or be fined $200.00 per day, plus any additional costs of nuisance abatement. On August 16, 2009, the property was observed to still be in non- compliance, and continued to be out of compliance Lentil August 9, 2012. On August 9, 2012, the property was observed to be in full compliance, with an accrued fine totaling $218,135.71. At the August 28, 2012, Code Enforcement Board Meeting, the property manager stated that the property was for sale and that this fine was a deterrent to potential buyers. The property manager also advised that development is pending and that potential new owners have had several meetings with City Planning /Zoning officials. The Board recommended reducing the fine to $5,000.00. The City's estimated cost to date is $4535.71. The property was recently rezoned for this development. 61Page Regular City Commission Meeting June 4, 2013 Item #11 was moved up on the Agenda and heard after the Consent Agenda (after Item #7). Assistant Director of Support Services Gaines explained the case. He noted that the Code Enforcement Board recommended reducing the fine to $5000; the city's estimated cost to date is $4,535.71. Mr. Skorman spoke and said the only reason the property was brought into compliance is because he had it mowed at his own expense, which was over $600 per mow. Commissioner Grogan, seconded by Commissioner Wilsen, moved to accept the Code Enforcement Board's recommendation to reduce the lien to $5000, payable on or before the property closing date of July 15, 2013, or the lien reverts back to the original amount. No vote taken at this time due to subsequent amendment. Commissioner Johnson, seconded by Commissioner Grogan, moved to amend the motion to change the amount of the lien to the city's cost of $4,535.71. Motion carried 5 -0. Vote on the original motion as amended. Motion carried 5 -0. 12. Chevron Land and Development Company (Chevron) and Eagle Creek Settlement Agreement. (City Attorney Cookson) In October 2011, Chevron Land and Development Company ( "Chevron ") applied to the City for a. determination that the Eagle Creek project was vested against application of the school concurrency requirements. The City Planner issued a Certificate of Vesting finding that the Eagle Creek project was vested from school concurrency. In December 2011, the Orange County School Board appealed the decision of the City Planner. Chevron and the School Board negotiated the attached Agreement to settle the appeal. The terms of the (settlement) Agreement provide that Chevron will enter into a School Mitigation Agreement, pre -pay school impact fees to the School Board in the estimated amount of $332,456.00 (to be credited towards school impact fees), pay an additional amount of $125,236.00 to the School Board to cover the Proportionate Share Mitigation and pay to the School Board $1,117,452.00 for the Capacity Reservation Fee to be credited towards school impact fees. The School Concurrency Mitigation Agreement will terminate in the event that the City does not approve the Final Subdivision Plan within 180 days of the Effective date unless extended per the terms or in the event Chevron fails to secure a Building Permit for any portion or phase of the development within 3 years of the Final Subdivision Plan Approval. Chevron and the School Board have requested that the City be a party to the Agreement and to the School Concurrency Mitigation Agreement. City Attorney Cookson stated this is a matter that stems from a Certificate of Vesting that was issued by our Planning Manager when Chevron was developing the Eagle Creek project. Chevron had applied to the City for a determination as to vesting for school concurrency and the City Planner issued that Certificate and the School Board appealed that decision. It was scheduled to come before the commission as to whether that Certificate of Vesting was properly issued or not. At this time, the parties have settled their dispute and have entered into a settlement agreement with Chevron paying some funds in the form of a school mitigation agreement. The City is signing the agreements but is not a party and has no obligations under either agreement. Staff recommendation is that the City executes the Settlement Agreement and the Mitigation Agreement and put this matter to rest. 71Page Regular City Commission Meeting June 4, 2013 Commissioner Wilsen, seconded by Commissioner Johnson, moved to execute both agreements as recommended by the City Attorney: (1) the Agreement between Chevron Land Development Company, the School Board of Orange County, and the City of Ocoee, and (2) School Concurrence Mitigation Agreement. Motion carried 4 -0, with Mayor Vandergrift out of the room. I. STAFF AC TION ITEMS - no ne J. COMMENTS FROM COMMISS Commissioner Grogan - Congratulated the Police Department and Sgt. Wagner for a job well - done at Friday's Dui Checkpoint, Commissioner Wilsen - None Commissioner Johnson -- Asked that all commissioners meet at the cemetery immediately before the next commission meeting in order to discuss the state of the cemetery. Commissioner Keller stated that if all commissioners meet at the cemetery, it must be noticed. Instead, it was decided that each commissioner individually visit the cemetery grounds prior to the next meeting and be ready for discussion. Commissioner Johnson continued by saying that he has received a lot of complaints from citizens and would like to address these issues at the next meeting. He also stated that some issues may be included in budget. Commissioner Wilsen stated there is an ordinance and wants to know why the rules are not being enforced. Mayor Vandergrift asked that the cemetery issue be added to the next Agenda. Commissioner Johnson asked that Public Works Director Krug follow -up on the landscaping issue on Blackwood Avenue. Public Works Director Krug stated the purchase order has been issued and he will follow up; he believes it is ready to go. Commissioner Johnson inquired about the landscaping issues at Geneva Street and Bluford intersection and asked if we will be resolving that with the recent property the City acquired for drainage improvements. City Manager Frank explained that the purchase of the property with the apartments has been finalized and we will soon address the issues. He added that may be able to do something better than we originally planned; we have some better options now with that property acquisition. Commissioner Johnson asked about the sewer process for the downtown area. We need to think about that for the upcoming budget years. Commissioner Grogan asked that strategic plan be implemented for big item projects. Commissioner Johnson also added that his granddaughter is in first grade received straight A's and has had no absences from school for the entire year. Commissioner Keller - Asked that ribbon- cutting ceremonies be held on Saturdays so citizens can attend. City Manager Frank stated there is a slight cost in doing so as most City employees do not work on weekends. _ - 81Page Regular City Commission Meeting June 4, 2013 Mayor Vandergrift - -- Would like to discuss adding rocking chairs to the front porch of City Hall at the next meeting. He continued by saying that there are some bushes missing from the front area of City Hall, and would like to see butterfly bushes planted in their place. Additionally, he suggested that the large trees obstructing the view of the lake from the porch be moved. He further commented that the trees on the median of Old Winter Garden Road by Wal- Mart require attention. Public Works Director Krug stated that Valley Crest is looking at options, because what is there now is not flourishing. He continued by saying that pedestrians use the median as a crosswalk; therefore, bardscape options may resolve the issue. City Manager Frank stated they are aware of the issue and are looking at options. Mayor Vandergrift stated he has tried for some time to work with the metro plan to address the median strip by the hospital. He suggested that the median strip be removed in order to help the flow of traffic. He asked Commissioner Keller to make contact with the state legislator on the Transportation Committee to see if the issue can be addressed. Mayor Vandergrift asked Public Works Director Krug who is taking care of the roadside area leading to Westbrooke Elementary as the bushes are four feet high. Public Works Director Krug explained that the upkeep is the developer's responsibility. Mayor Vandergrift stated that code enforcement should get involved. City Manager Frank asked that the issue be corrected. Commissioner Wilsen asked that issues such as these be addressed prior to the meeting with department directors. ADJOURNMENT Meeting adjourned at 9:16 p.m. Attest: e 1kenberry, C' ity Clerk APPROVED: City of Ocoee Ai S. Scott Vandergrift, Mayor 9 1Page