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05-19-15 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee,Florida MAY 17,2016 6:00 P.M. EXECUTIVE SESSION 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 Fiscal Year 2015 Audit Results and CAFR Presentation -Elden McDirmit, CPA Presentation by the Citizen Advisory Council for Ocoee Police Department (CACOPD) Board Members for the Officer of the 1st Quarter to Officer Bill Richardson. Presentation by the Florida Department of Transportation (FDOT) Regarding the Status of the State Road 50 Widening Project with Discussion Entailing Access Management. 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 May 3, 2016. (Acting City Clerk Sibbitt) 2. Appointment to the Human Relations Diversity Board (3-year term). (Acting City Clerk Sibbitt) Members of the Human Relations Diversity Board serve three-year terms. Currently the Human Relations Diversity Board has ten (10) members, and their resolution allows no less than seven (7) members and no more than thirteen (13) members. An application has been received by Rhonda Anderson-Robinson who has shown an interest in being appointed to the Human Relations Diversity Board for a term ending May 2019. Regular City Commission May 19, 2015 3. Approval of Replacement HVAC Unit for Fire Station No. 26. (Public Works Director Krug) The Heating, Ventilating and Air Conditioning (HVAC) system at Fire Station No. 26 on Clarke Road has failed. Public Works had intended to request the replacement of this 18 year old HVAC unit in the upcoming budget, however the cooling coils have failed in the existing multi -unit system. Repair parts, would cost several thousands of dollars without the guarantee of providing a stable system, making a complete system replacement the more cost effective option. Public Works solicited pricing for a single 10 ton unit to replace the existing combination unit made up of different tonnages. Apple Air Conditioning & Heating was the only vendor to provide pricing on the replacement. Apple proposes to furnish and install a new single 10 ton unit at a cost of $24,472.00. This pricing is in line with industry standards and recent HVAC replacements throughout the City. 4. Approval of State Traffic Signal Maintenance and Compensation Agreement, Final, Phase II. (Public Works Director Krug) The FDOT has worked with local maintaining agencies to update the State's Traffic Signal Maintenance and Compensation Agreement. The Commission approved interim phase updates at the July 15, 2014 (Phase I -A) and October 21, 2014 (Phase I -B) meetings. The Phase 11 agreement update clarifies and reduces the City's liability for maintaining traffic signal systems on State roads by providing the City with structural inspections, a minimum preventive maintenance schedule, and financial relief in the event of damages from vehicles or catastrophic weather events. The City's current contracted proactive maintenance program exceeds the minimum State standards and ensures proper operation of all signals throughout Ocoee. This updated Phase II agreement is considered the finalized agreement to be in effect beginning with the FDOT 2015 /16 fiscal year. Public Works recommends approving the new State Phase 11 Traffic Signal Maintenance and Compensation Agreement with the FDOT as it clarifies and further reduces City liability. The City Attorney has reviewed and approves the agreement. 5. Approval of MetroPlan Orlando Transportation Systems Management and Operations Committee Appointments. (Public Works Director Krug) The City participates on various technical and advisory committees as a member of the regional transportation planning organization, MetroPlan Orlando (MPO). The organization provides the forum for local elected officials, their staff, and industry experts to work together to improve transportation options for Central Florida. The MPO Board recently redefined the Management and Operations (M &O) advisory committee into the Transportation Systems Management and Operations (TSMO) committee. The City is requested to make one appointment to serve as a voting member on the TSMO, along with one alternate. Public Works Director, Stephen Krug, has represented Ocoee on the former M &O committee and currently represents the City on the Technical Advisory Committee (formerly known as the Transportation Technical Committee). The City Manager recommends the City Commission appoint Mr. Krug as the City's representative to the TSMO, with City Planner, Michael Ramer, the alternate representative. 6. Approval to Purchase a New Utility Cart for Park Maintenance Operations. (Parks and Recreation Director Hayes) The Parks and Recreation Department is seeking approval to purchase a new utility cart for the park maintenance operations. The department had originally identified and included funds totaling $28,000 in the 2014 -15 operating budget for the purchase of a field sprayer for use in the park maintenance operations and would like to use these same funds to purchase the utility cart. The department has identified a utility cart for replacement and anticipated including it in the 2015 -16 budget, and would therefore like to purchase the cart in this year's budget, using the remaining funds ($20,690.60) from the field sprayer, and include the purchase of the field sprayer in the 2015 -16. The cost of the utility cart is $20,634.01, as per State Contract No. 760 - 000 -10 -1 Lawn Equipment. __21Page Regular City Commission May 19, 2015 7. Consumer Court Lift Station #62 Construction Project — Pre - purchase of Station's Pump and Control Panel. (Utilities Director Smith) Due to construction conflicts, the second phase of the State Road 50 Widening project requires the relocation of portions of the City's sanitary sewer collection system. The widening project provides the City with the opportunity to address operational issues and increases system capacity by first allowing much of the flow to be redirected west, this reduces flows to the remaining system. At the terminus of the new system is the proposed Consumer Court lift station (behind Dunkin' Donuts). Initially, the station will pump into the remaining S.R. 50 gravity system; however, upon completion of the proposed downtown sewer /western transmission main system, it will be diverted accordingly. Bids were solicited for the Consumer Court Lift Station #62 Construction Project on May 10, 2015, but due to significant lead time for the pumps and control panel, staff is requesting to directly purchase them from Xylem Inc., Flygt. City Commission approved Flygt, Xylem Inc., as a sole source vendor of the pumps and panels on May 1, 2012. 8. Approval of Utility Agreement for Ocoee Pines Water and Wastewater Capacity. (Utilities Director Smith) The proposed JTD Land at Ocoee Pines LLC. (herein referred to as Ocoee Pines) residential development is generally located northwest of Clarcona Ocoee Road and southeast of the Forest Lake Golf Club. The development provides for 278 lots, 170 of those lots remain outside of the city's potable and wastewater service area. Presently, the development requires two utilities agencies; parcels in the northern portion require Orange County Utilities services. Duplicate facilities cause and increase in costs and maintenance. To mitigate the issues, the City, Orange County and Ocoee Pines have agreed to a wholesale - retail relationship; Ocoee will provide retail potable and wastewater services, and Orange County will provide the wholesale capacity. This eliminates the need for multiple lift stations, and allows for one centralized lift station. Ocoee Pines is within the City's reclaimed water service area and is not subject to capacity charges. As this is so, a minor modification to the City's North Service Area Reclaimed Water Agreement will be required. 9. Approval of Resolution No. 2015 -007 for the 4 -Year Lease - Purchase Agreement with Branch Banking and Trust Company (BB &T) for Various Heavy Equipment included in the FY 14/15 Budget. (Purchasing Agent Tolbert) The budget for Fiscal Year 14/15, with previously approved adjustments, includes the four (4) year lease - purchase of (2) Garbage Trucks, (1) Wildland Fire Apparatus, (1) Ambulance, (1) Fire Pumper, and (30) Airpacks. A total of $237,483.50 is budgeted for payments. The Finance Department obtained interest rate quotes from BB &T (1.34 %), BMO Harris Bank (1.48 %), and Suntrust Bank (1.87 %). Staff recommends to adopt Resolution No. 2015 -007 approving financing terms with Branch Banking and Trust Company (BB &T), and authorize the Mayor, City Clerk, and Staff to execute the Lease - Purchase Agreement Schedule No. 9909001665 -00002 and related documents for the amount of $1,297,042.00 at an interest rate of 1.34% for four (4) years, with payments of $83,114.32 per quarter, to close before June 7, 2015. 10. Award of RFQ #1502 Continuing Planning & Landscape Architectural Services. (Purchasing Agent Tolbert) The City's continuing contracts for planning and landscape architectural services have expired. In compliance with the Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055 and Chapter 21 of the City's Code of Ordinances, the City solicited statements of qualifications from firms that are interested in providing planning and landscape architectural services for City projects. The RFQ was advertised on March 22, 2015, and was publicly opened on April 21, 2015. There were three (3) responses submitted. The Finance Department and CRA Administrator reviewed the proposals and all were considered responsive. The three (3) responses were evaluated by the RFQ Evaluation Committee appointed by the City Manager. The public RFQ Evaluation Committee meeting was held on May 12, 2015, with the Evaluation Committee evaluating and short- listing the firms on specific evaluation criteria. The evaluation committee short- listed the following firms in ranked order, and recommends contracting with all three (3) ranked firms for the continuing contract. The Evaluation Committee further recommends the top - ranked firm, GAI Consultants, _ 31Page Regular City Commission May 19, 2015 Inc. /Community Solutions Group be awarded the first task order under the continuing contract, the Downtown Ocoee Master Plan, per the recommendation from Russ Wagner, CRA Administrator. 11. Approval for Permission to Enter Property Agreement with the Florida Department of Environmental Protection for Sampling a Monitoring Well. (City Engineer Wheeler) The Right Way Food & Gas Store is located at 1399 N. Lakewood Avenue. This commercial business is owned by Panita Foods, Inc. The convenience store was formerly a Circle K Store, owned by the Conoco Phillips Company ( #7046). The fuel storage tanks were discovered to be leaking in 1998 and were replaced shortly there afterwards. Fuel dispensing facilities are permitted through Orange County Environmental Protection Department and the Florida Department of Environmental Protection (FDEP). The replacement of the tanks, the soil remediation, and the on -going monitoring are all through FDEP. The leak and subsequent soil remediation were determined to be on a small scale and kept on site. However the monitoring wells are placed both on -site and in an outer perimeter to monitor the ground water. There were a number of monitoring wells in the property across the street from the convenience store that became the Lakewood Manor subdivision. These wells were removed prior to the construction of the development. In 2012, FDEP's subconsultant contacted the City about placing a monitoring well within the road right -of -way Johnson Manor Street, between the curb and sidewalk. Johnson Manor Street is a short road stubbed to the south in the Lakewood Manor subdivision. The installation of that well was allowed by staff under the Right -of -Way Utilization permitting process. Another monitoring well was installed on the Mask property to the south of Lakewood Manor. The Permission to Enter Property Agreement is a requirement of FDEP. FDEP realizes that the well is located in property that is dedicated to the benefit of the public and is therefore accessible as a public road. 12. Approval of Resolution Relating to the Mayor's Signature on City Commission Approved Documents. (City Attorney Cookson) In 1996 Florida Legislature passed and the Governor signed the Electronic Signature Act to facilitate economic development and efficient delivery of government services by means of reliable electronic messages. The Act also provides that an electronic signature may be used and has the same force and effect as a handwritten signature. In order to expedite the processing of transactional documents approved by the City Commission, it would be in the best interest of the City of Ocoee to allow the Mayor's signature to be affixed through the use of an electronic signature or facsimile signature stamp. G. FIRST READING OF ORDINANCES 13. First Reading of Ordinance for Arden Park Community Development District. (Second Reading and Public Hearing scheduled for June 2, 2015, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Attorney Cookson). Community development districts are local units of special - purpose government created for the purpose of delivering urban community development services within certain, established areas. Chapter 190, Florida Statutes, sets forth the exclusive and uniform method for establishing a community development district in Florida. Generally speaking, if a property contains less than 1000 acres and is located entirely within a municipality, a Petitioner can file a petition for establishment of a community development district with the City's governing body. Standard Pacific of Florida, a Florida general partnership, as Petitioner, intends to establish within the City of Ocoee ( "City") the Arden Park Community Development District ( "District "). Petitioner received consent from the owner of one - hundred percent (100 %) of the property to be included in the District and, on April 3, 2015, filed a petition with the City asking that the City Commission adopt an ordinance establishing the District. The law requires the City to establish the District in a public hearing and the Petitioner must advertise the public hearing four weeks in advance. City and Petitioner are complying with all public notice requirements. 41Page Regular City Commission May 19, 2015 H. PUBLIC HEARING 14. Arbours at Crown Point PUD - Preliminary/Final Site Plan. (Advertised in the West Orange Times on Thursday, May 7, 2015). (City Planner Rumer) The Arbours at Crown Point Preliminary/Final Site Plan is a multi - family development that proposes a total of 240 one, two, and three bedroom apartments. A community building, as well as a pool, BBQ area, vehicle wash area and exercise trail are being provided. The project is dedicating 25 feet on the north end to connect the West Orange Trail to Ocoee - Apopka Road. The development will provide direct connection to the trail as an additional amenity. I. REGULAR AGENDA 15. Code Enforcement Reduction of Fine/Lien for property owner Donna Kennington regarding 1515 Jemima Ave. (Assistant Director of Support Services Gaines) This property was cited on August 25, 2014, by Officer Edward Loeffler for extremely tall overgrown grass and weeds, broken window glass, a dilapidated perimeter fence and gate, and no address numbers displayed. On October 28, 2014, the Code Enforcement Board issued an order to comply by November 7, 2014, or be fined $100.00 per day per violation. On November 26, 2014, the Code Enforcement Board imposed fine and lien for non - compliance. The property was found in compliance on January 8, 2015, and the property is currently being maintained. A representative with power of attorney for Donna Kennington, the owner, appeared before the Code Enforcement Board on April 28, 2015, and requested the fine /lien amount of $18,300.00 be reduced to facilitate a foreclosure short-sale prior to a pending court scheduled public sale on June 2, 2015. The Code Enforcement Board is recommending the fine /lien be reduced to $1,000.00. This amount is to include the city's cost of $675.06. The discussion by the board to reduce the amount was based on testimony and answers from the owner's representative and city staff. 16. Code Enforcement Reduction of Two Fines/Liens for US National Assn Trustee C/O Kahane and Assoc. PA. Re: 492 Wurst Rd. (Assistant Director of Support Services Gaines) The property located at 492 Wurst Rd. has two separate fines /liens from separate code enforcement actions; they are being presented as a single agenda item so the property owner can be provided a single solution. Case 14 -060: The property was cited on June 24, 2014, by Officer Robert Siegrist for trash/debris. On July 22, 2014, the Code Enforcement Board issued an order to comply by August 8, 2014, or be fined $100.00 per day. On August 26, 2014, the Code Enforcement Board imposed the accruing fine and lien for non- compliance of 115 -3. On April 10, 2015, the property was documented as in compliance, thus stopping the accruing fine with a total due of $24,400.00. The new property owner is US National Assn. Trustee C/O Kahane & Assoc. PA. Case 15 -001: The property was cited on December 9, 2014, by Officer Robert Siegrist for people living in house without an active electric service and using a generator for power. On January 27, 2015, the Code Enforcement Board issued an order to comply by February 6, 2015, or be fined $100.00 per day per violation, if not in compliance with the Board's orders. On February 25, 2015, the Code Enforcement Board imposed the accruing fine and lien for non - compliance. The property was found to be in compliance on March 16, 2015, stopping the accruing fine with a total due of $5,200.00. The new property owner, US National Assn. Trustee C/O Kahane & Assoc. PA., maintains the property in compliance. A representative of US National Assn. Trustee C/O Kahane & Assoc. PA., the new property owner, appeared before the Code Enforcement Board on April 28, 2015, and requested a reduction of the fine /lien for Case No. 14 -060 in the amount of $1,000.00 (including City costs of $816.32), and for Case No.15 -001 in the amount of $1,000.00 (including City costs of $861.66). The Code Enforcement Board recommends the fine /lien be reduced to $1,000.00 for Case No. 14 -060 and $1,000.00 for Case No. 15 -001, which is the cost to the City and a penalty for the negative blighted 51Page Regular City Commission May 19, 2015 impact on the neighborhood and the city. The decision by the Board to reduce the amount was based on testimony and answers from the representative of Florida Dreams Realty Group Inc. and City Staff. 17. Discussion of an Unsolicited Offer from Charter Schools Development Group, LLC to purchase 9.5 Acres of City -owned Property at the Intersection of AD Mims Road and Clarke Road for $1.6 Million. (Support Services Director Butler) The City acquired 12 acres of land (Parcel No. 09- 22 -28- 0000- 00 -05) from the Silvestri Investment Group of Florida, Inc. on December 29, 2006, at a cost of $3.5 million for the purpose of constructing a new Police Department headquarters building. The City subsequently purchased and remodeled the former State Farm claims office in the southern part of the city for this use; the former Silvestri property remains undeveloped. The subject property is bordered on the south by railroad right of way, which is adjacent to AD Mims Road, to the north and east by the Prairie Lake Reserve Subdivision, and on the west by Clarke Road. A portion of the eastern boundary is property dedicated to the public use and owned by the City. The outstanding amount of the bond used to finance the purchase is approximately $2.6 million. Charter Schools Development Corp. has submitted an unsolicited offer to purchase approximately 9.5 acres of the property for $1.6 million. This is the second unsolicited offer the city has received to purchase this property for a charter school. The original offer from Red Apple Development, Inc. was withdrawn when the company discovered it would be unable to meet construction deadlines due to the time required to conduct habitat investigations mandated by an environmental protection agency. 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. __ _ 61Page