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07-21-15 AgendaOCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida July 21, 2015 6:30 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 Chiefs Special Award — Presented to Al Butler, Marjorie Dillingham, Kiel Gajadhar, Byron Phillips, John Haas, Officer John Park and Ella Wisecup for their role in the new Records Management System. (Police Chief Brown) 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 July 7, 2015. (City Clerk Eikenberry) 2. Approval of Easement for Duke Energy Florida, Inc. (Duke Energy) for Consumer Court Lift Station #62. (Utilities Director Smith) At the City Commission meeting held on June 16, 2015, the Consumer Court Lift Station #62 Construction Project was approved and funded by the City. The construction of this lift station is necessary to address operational issues and to increase system capacity of the current sanitary sewer collection system on the south side of the roadway west of Bluford Avenue, and the north side of the roadway west of Maguire Road. The sanitary systems servicing those areas currently flow to the east, combine, and convey the flow to Lift Station V. The construction of Lift Station #62 will redirect the flow west, reducing the flows to the remaining system. Duke Energy is now requesting an easement from the City for the new transformer to power Lift Station #62. The installation of this transformer will create a reliable loop system with those transformers of neighboring properties. This document provides for a ten (10) foot wide easement area lying five (5) feet on each side of the transformer, in a mutually agreeable location. Regular City Commission July 21, 2015 3. Approval of Damaged Supervisory Control and Data Acquisition (SCADA) Computer Upgrade to VT SCADA. (Utilities Director Smith) The City of Ocoee's Utilities department operates 2 drinking water treatment plants, 2 reclaimed water pumping facilities, 63 wastewater lift stations, and 1 wastewater treatment plant. These facilities incorporate a Supervisory Control and Data Acquisition feature that allows unmanned automated operation of the facilities as well as collection and storage of information and emergency alarm condition "call outs" to stand -by personnel. To increase efficiency and provide for a more cost effective operation of these facilities, the City is moving to a more centralized platform for all Utilities related SCADA systems (VT SCADA) for each facility utilizing a web -based system. The City's water treatment plant SCADA computers, reclaimed water system SCADA computers, and lift station SCADA computers shall be located at the wastewater treatment plant by mid - August 2015. The evening of July 5th, 2015, the wastewater treatment plant experienced lightning damage to the City's plant's SCADA system. The SCADA computer that was running on Windows XP, including the SCADA software which is XP based, also was damaged and is no longer supported. Additionally, Kruger, the original SCADA provider, is only available for limited support. Staff's efforts to revive the SCADA system have been exhausted and are requiring staff to monitor the facility manually around the clock during periods that the SCADA system is inoperable. Sanders Company, Incorporated, is currently doing the migration project to the new web -based VT SCADA software, and at a later date is planned for Sanders to migrate the wastewater plant SCADA system to the centralized SCADA system platform. Due to the lightning damage and obsolescence of the existing SCADA system at the wastewater treatment plant, staff is recommending the moving forward of the migration of the SCADA system to this new platform. 4. Approval of Purchase of Replacement Folding and Inserting Machine for Bulk Mailing at a cost of $8,998. (Support Services Director Butler) The City's existing folding and inserting machine, which is used to reduce labor associated with bulk mailing, has broken and parts /service are no longer available for this unit. Staff sought a replacement and found a suitable unit. Bulk mailing is used by several departments in order to send utility bills, rezoning and public hearing notices, and business tax bills. A folding and inserting machine takes the original printed notices, folds, and then inserts them into envelopes. A review of available low- and medium -duty office products resulted in the recommendation to acquire the Pitney Bowes D1380 OfficeRight Inserting System, which folds and inserts letters into envelopes. After exploring both purchase and lease options, the cost savings provided by purchasing the replacement machine led to a recommendation to buy rather than lease the new unit. (Total lease cost is $9,504 over 48 months.) Because the cost exceeds $5,000, this acquisition is a capital purchase requiring City Commission approval. Staff recommends the City Commission authorize the purchase of the Pitney Bowes D1380 3- station unit without Optical Mark Reader and with the standard output drop stacker as the most cost effective means of meeting the need for a folding and inserting machine for bulk mailing. The quoted cost is based on State of Florida contract pricing (Contract No. 600 - 760- 00 -1). G. SECOND READING OF ORDINANCES - PUBLIC HEARINGS 5. a. Second Reading of Ordinance Establishing Requirements for Emergency Access to Gated Communities Including Existing Gated Communities. (Continued from the July 7, 2015, meeting. Advertised in the West Orange Times on Thursday, June 25, 2015) (Police Chief Brown) Generally, the City of Ocoee uses the provisions in the Orange County Code relating to requirements for gated communities. Among the Orange County Code requirements is the requirement that entryway gates to gated communities be equipped with an audio (siren) override device to allow emergency access to the subdivision by fire /rescue, sheriff, and other emergency personnel. Staff has evaluated this process and determined that, with regard to gated communities located in the City, a different emergency vehicle access system is required to be compatible with the City's system so as to allow the City's emergency vehicles to access gated communities during times of emergency. __21Page_ Regular City Commission July 21, 2015 b. Adoption of Resolution Establishing the technology that will be required of all communities, providing a compliance time period for existing gated communities (within one year or at the time the community updates its system), and providing budget options in the event the City Commission votes to provide funding assistance for existing gated communities to come into compliance. H. REGULAR AGENDA 6. Appraisal of City -owned Property at the Intersection of AD Mims Road and Clarke Road as a Result of an Unsolicited offer from Charter Schools Development Corp. to Purchase 9.5 acres for $1.6 million. (Continued from the July 7, 2015, meeting) (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. Charter Schools Development Corp. submitted an unsolicited offer to purchase approximately 9.5 acres of the property for $1.6 million, which represents an average price of about $168,421 per acre. The offer is contingent upon receipt of all necessary approvals for construction of a K -8 charter school of at least 80,000 square feet on the site. A deposit of $10,000 would be paid upon execution of a sales agreement. The buyer would have 90 days for due diligence, primarily to complete a detailed property inspection, during which time the buyer may cancel the transaction for any reason, with the deposit fully refunded. A second deposit of $10,000 would be paid after the due - diligence period, assuming that all requirements are satisfied. Both deposits will apply against the purchase price, if the transaction is completed. Following direction from the City Commission at the May 19 meeting, and with the potential buyer's financial support, the City secured an appraisal of the property from Property Valuation & Consulting, Inc. of Winter Garden. The 12 -acre site was appraised as three parcels based on a change in land use classification to mixed -use or multi - family residential for Parcel A and retaining the existing PUD commercial zoning for Parcel B: $580,000 — Parcel A, 2.5 acres in SW corner of property (to be retained by City) $1,370,000 — Parcel B, 9.5 acres sought by charter school $23,000 — Parcel C, a 15 -foot strip of land reserved for future deceleration/right -turn lane $1,973,000 — Total Value Given the amount of the offer and the appraised value of the land not included in the proposed sale, the total parcel value is $2,203,000, which is 63% of the purchase price and 85% of the outstanding loan amount. Final action to accept the offer and execute a sales agreement would require a second vote following a public hearing. 7. Code Enforcement Reduction of Fine/Lien for Srmof II 2012 -1 Trust, C /O: Quintairos Prieto Wood Boyer, P.A., re: 292 Sabinal Street. (Assistant Director of Support Services Gaines) This property was cited on February 17, 2015, by Officer Carmen Delgado for deterioration of the existing fence. The fence in the back of the property was lying on the ground, and the windows at the back porch were open and accessible. On March 2, 2015, the Code Enforcement Board issued an order to comply by April 3, 2015 or be fined $150.00 per day per violation. On April 6, 2015 the Code Enforcement Board imposed the accruing fine and lien as of April 4, 2015, for non - compliance of 95 -3 and 115 -3. Srmof II 2012 -1 Trust purchased the property on November 10, 2014, and brought the property into compliance as of June 5, 2015. The property is being maintained. Matthew Krueger, Vice President at Meridian Asset Services, appeared before the Code Enforcement Board on June 23, 2015, and requested a reduction of the fine /lien amount of $18,300.00, plus City's cost of $704.00 totaling $19,004.00. The Code Enforcement Board is recommending the fine /lien be reduced to $704.00, the City's cost. The decision by the Board to reduce the amount was based on testimony and answers from Matthew Krueger and city staff. 3 1 P a g e Regular City Commission July 21, 2015 8. Set the Proposed Tentative Millage Rate for Fiscal Year 2015/2016 Budget. (Finance Director Horton) The TRIM act requires local governing bodies to set a proposed tentative millage rate annually during the month of July. The property appraiser is then notified of the rate and uses it to advise taxpayers of their proposed tax levies for the next year. The rate can be lowered during the budget hearings in September and has historically been done so by the City. The Commission can set the proposed millage for FY 15/16 up to 8.3690 with a super majority vote by the Commission. This millage rate would generate $15,823,019 in ad valorem revenues. A millage rate higher than the 8.3690 would require a unanimous vote by the Commission. Staff recommends the commission set the proposed tentative millage at 6.5000. This is a tentative rate and will allow the commission room to adjust during review and discussion of the proposed budget. The commission can set the proposed rate in September at or below this rate. Should the commission wish to set the proposed tentative millage rate higher than 7.6082 it can do so, however it would require a super majority vote. 9. Set Workshop and Hearing Dates for Fiscal Year 2015/2016 Budget Process. (Finance Director Horton) Workshops are held during August for staff and the commission to discuss the proposed budget for the upcoming fiscal year. Public hearings are required by the TRIM Act in September serving as a mechanism to notify the citizens of the proposed budget and allow the opportunity for their comments. The TRIM act has specific time frames for scheduling and holding the required hearings. The hearing dates cannot conflict with Orange County (9/3 and 9/17) or Orange County School Board (9/15) hearing dates. Workshops and hearings will begin at 6:00 p.m. Staff recommends the commission select two of the following dates for the August workshops: August 12, 19, 31 This year potential dates for the budget hearings are restrictive due to the timing of the holiday and vacation schedules. Staff recommends the city commission approve the following dates for the hearings: September 9th and 21s` 10. Ocoee Crown Point Property Sale to Mattamy Orlando, LLC. (City Attorney Cookson) On April 21, 2015, following an advertised public hearing, the City Commission approved a purchase and sale agreement with Mattamy Orlando LLC for the purchase of the property known as Crown Point. On June 22, 2015, Stephen Cook, attorney for Mattamy Orlando LLC, sent a letter to the City Manager requesting an extension of the First Closing deadline from no later than January 15, 2016, to June 1, 2016. An Amendment to Agreement for Sale and Purchase was also sent to the City. In the event the City does not extend the First Closing deadline, the purchase and sale agreement will be deemed terminated as of June 22, 2015, and Purchaser will receive a return of the deposit. In the event the City desires to continue under contract with Mattamy Orlando LLC and is agreeable to moving the First Closing from an outside date of January 1, 2016, to June 1, 2016, the City would execute the Amendment and the parties would remain under contract. The deposit would then only be refundable to Mattamy Orlando LLC in the event the City defaulted under the contract or the City failed to approve the amendment to the PUD which is currently under review by City Staff. City Staff recommends that the City Commission approve the extension of the First Closing and finalize the Amendment to Agreement for Sale and Purchase. 11. Discussion of Timeline for Special Election. (City Attorney Cookson) I. STAFF ACTION ITEMS J. COMMENTS FROM COMMISSIONERS ADJOURNMENT _41Page_ Regular City Commission July 21, 2015 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. S1Pag_e