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01-16-07 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida January 16, 2007 AGENDA 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. lB. CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum PRESENTATIONS AND PROCLAMATIONS I Presentation - Firefighter of the Quarter Award (4th Quarter of 2006) - Firefighter James Kelley. (Fire Chief Firstner) Presentation - Firefighter of the Year Award for 2006 - Battalion Chief George Ledford and Battalion Chief Amy Fulmer. (Fire Chief Firstner) Presentation - North West Orange County Airport Authority - Guy Haggard and Bob Loomis. I C. COMMENTS FROM CITIZENS/PUBLIC I D. COMMISSIONERS ANNOUNCEMENTS E. 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 and Acceptance of the Regular City Commission Minutes for November 21, 2006, December 5, 2006, and December 19, 2006, and Workshop Minutes for December 19, 2006. (City Clerk Eikenberry) 2. Approval of Change Order No. 1 to the Second Amendment to the Annexation and Developer Agreement for Ocoee Commons PUD. (City Engineer Wheeler) Under the Second Amendment to Annexation and Developer Agreement with Ocoee Commons LLC, a sixteen inch wastewater force main and sixteen inch reuse main were installed through the Ocoee Commons PUD development as part of the City's CIP program to relocate and upsize the force main on SR 50 and the continued expansion of the reuse system. The project and the Agreement were approved by the City Commission on October 19, 2004. The pipelines were installed over the following twelve to fifteen months. As part of the construction process, staff review of the project shop drawings determined that the plug valves on the wastewater force main were not full port opening valves. The industry standard is a 80% opening through the valve. The increased cost to provide full port opening plug valves was $9,790.50 for three l6-inch and three 6-inch plug valves. Knowing the importance of this pipeline, staff felt the change was justified and required the change during the shop drawing review and material purchase phases of the construction. The developer provided a verbal quote on the cost increase but was not very diligent in delivering the documentation to the City staff to process the change order. The project has been completed and facilities are in operation at this time. City Commission Regular January 16,2007 3. Approval of Change Order No.1 with Young's Communications Co., Inc. for the Silver Glen Reclaimed Water Distribution System Project. (City Engineer Wheeler) Young's Communications Co., Inc., is presently installing the water mains and service taps for reclaimed water service in the Silver Glen Subdivision using directional boring techniques. During the course of the project, it was discovered that additional service connections could be supplied to a portion of Center St. within the Silver Glen Subdivision but not originally included in the project using the directional boring method of construction. This method allows the contractor to circumvent two large trees and stay within the narrow right of way on this portion of Center St. in order to extend service to this portion of the Silver Glen Subdivision. The proposed increase in project scope will extend the 8-inch service main by 370 feet, provide reclaimed water service to five homes not included in the original project, and facilitate future expansion of the reclaimed water system into the residential area west of the Silver Glen community. The amount of the change order is an increase of $20,769.85, a cost based on the contract unit prices and City-measured quantities, with no adjustment in contract time. The total contract price will increase to $808,406.90. The Engineering Department recommends that the City Commission approve Change Order No. 1 for the additional work and increase the construction contract by $20,769.85, with no adjustment in contract time. 4. Approval for Purchase of Caterpillar Excavator. (Utilities Director Smith) The Utilities Department's approved fiscal year budget included the capital purchase of a small trackhoe excavator. The trackhoe has an increased load capacity, longer reach, and the ability to dig deeper and faster while working in tight and unstable confines. The obtained trackhoe will increase Utilities construction crews' capabilities such as the construction of water main with ductile iron pipe up to pipe diameters of 10". Staff is recommending the purchase of a Caterpillar 304c CR Mini Hydraulic Excavator with increased options of: an extended boom, upgraded horse power (304c to 305c), air-conditioning, additional 12" and 24" trench buckets, extended warranty, and lifting grapple with pins. The purchase is based on the City piggybacking Pinellas County's contract and awarding the Caterpillar 304c mini trackhoe excavator to Ring Power Corporation & ITS Division. The 304c base price is $44,994.86 with an additional option totaling $18,588.00 for a total amount of $63,583.86. 5. Award of RFQ#0702 Financial and Accounting Services for Utilities Revenue and Expenditure Sufficiency Study. (Purchasing Agent Tolbert) Staff recommends that the City Commission award the Contract for RFQ #0702 to Public Resources Management Group, Inc., and authorize Staff to proceed with contract negotiations with PRMG. The selected firm will assist the City of Ocoee in reviewing the City's Utilities Department current and future revenues and expenditures for sufficiency. A key task of the Firm's work shall be the development of a fmancial model capable of being revised based on ongoing expenditures and revenues by City staff and annually updated by the Firm. 6. Approval of Purchase of Heavy Truck Lift from Fournier Equipment, LLC as a "Best Source" in the Amount of $29,425.00. (Public Works Director Krug) Fleet Staff has requested a heavy truck lift in the FY 06/07 Budget. This lift will facilitate fleet staff being able to work on the City's heavy equipment such as vactor trucks, backhoes, Kaiser's as well as the entire fleet of Solid Waste vehicles. This piece of equipment can handle up to 50,000 pounds and has adjustable ramp widths to facilitate the variations in wheel base on the heavy equipment. This is a necessary addition to the two lifts purchased last year, a 10,000 pound two post lift and a 12,000 pound drive-on lift. Fleet staff have researched several types of heavy truck lifts and received a total of four quotes. Fournier Equipment, LLC was by far the most cost effective choice for heavy truck lifts. Staff is recommending that we purchase this lift in the amount of $29,425.00, from Fournier Equipment, LLC, where we purchased the other two lifts as they are local and have all ready proven extremely responsive to customer service issues. The Budgeted cost in FY 06/07 for the Heavy Truck Lift was $30,000 in the Fleet Divisions Capital Equipment line item 001-541-40-6400. A cost proposal has been submitted in the amount of $29,425.00 which is within budget. Page 2 of6 City Commission Regular January 16, 2007 7. Approval for Purchase of Portamix Model 202 (2 Cubic Yard) Towed Agitating Concrete Transport for $23,566.00. (Public Works Director Krug) The Commission approved in the 06/07 budget for Public Works to acquire a portable concrete mixer. This is a specialty item that not only allows Public Works to mix concrete on site in production quantities, it also more importantly can be used as a towed concrete hauler for picking up mixed concrete from the batch plant and haul it to our repair projects. The City of Pinellas Park purchased the same model and have said that 90% of the time they use theirs as a transport and are very happy with the machine. Their machine has had no down time issues since they purchased it in 2001. We have searched for similar machines to use as a comparison, but have been unable to find anything remotely similar that can be towed behind one of our trucks. There is not a current bid we can piggy- back onto and Portamix is the only small (2 cubic yard) towed agitating concrete transport found to fit Public Works needs. Most concrete transporters are truck mounted and designed to haul concrete short distances on a construction site from a portable batch plant to a concrete paving machine - as used for road and runway construction. 8. Approval to Issue a Purchase Order to Chinchor Electric, Inc., for the Construction of the Mast Arm Traffic Signal at the Maguire Road and Wesmere Parkway Intersection in the Amount of $167,440.61. (public Works Director Krug) The Commission approved the fmal subdivision plan for the Villages of Wesmere Townhomes at the March 7, 2006, meeting, Item G-14. Included in the approval was the design and construction of a mast arm traffic signal at Maguire Road and Wesmere Parkway. The developer agreed to pay cash for 20% of the direct impact and the remaining 80% out of his road impact fees. The City has utilized an existing Seminole County Pushbutton Contract to estimate the initial signal construction with Chinchor Electric, Inc., for $145,000.00. This amount was approved and awarded at the May 2, 2006, Commission meeting, Item E-9. These funds were carried forward for the 2006-07 fiscal year. Final signed and sealed construction plans have been completed and pricing fmalized at $167,440.61 for the mast arm signal construction. Public Works is requesting the Commission approve the mast arm signal construction with Chinchor Electric, Inc., in the amount of $167,440.61. The additional $22,440.61 required is available from the SR 50 & Maguire Intersection Improvements project. Both projects are funded from the Road Impact Fund. 9. Approval for Purchase of a Brake Lathe and Accessories for Fleet Operation. (Public Works Director Krug) The City's Fleet Maintenance Division currently contracts most of its brake work out and is requesting City Commission approve the purchase of a Brake Lathe which would enable staff to complete many of these services in-house. Funds were budgeted this Fiscal Year in the amount of $6,500.00 for the purchase ofa brake lathe. Staff recommends purchase of the brake lathe in the amount of $6,750.00. This is $250.00 over the budgeted amount and is due to the addition of a platinum adaptor kit which will allow us to work on all autos, light trucks and heavy trucks up to 550's. It also comes with 2 speeds for a faster cut. Staff recommends this purchase by utilizing cost savings that will be realized with the purchase of the Freon Recovery and Recycle Machine which is budgeted in FY 06-07 at $4,500.00 and will be purchased for $2,975.00, equating to a cost savings of $1,525.00. Staff respectfully recommends that the City Commission approve the purchase of a brake lathe and accessories from Fournier Equipment, LLC for an estimated amount of $6,750.00. 10. Approval to Award Pioneer Key II Mobile Home Park Infrastructure Improvements Design Project to Professional Engineering Consultants, Inc., Under the Continuing Services Contract No. 0404 in the Amount of $185,000.00. (Public Works Director Krug) Pioneer Key II Mobile Home Park (PK II) infrastructure improvements are being funded by the Orange County Department of Housing and Community Development's Community Development Block Grant (CDBG) program. The City had applied for a $1,000,000.00 CDBG grant for improvements to PK II and was awarded $1.5M. The County also requested that the City have the project designed and under construction by the end of the fiscal year. In order to meet the County's schedule requirements, the City had planned on awarding the design work to Professional Engineering Page 3 of6 City Commission Regular January 16,2007 Consultant's, Inc. (PEC). PEC is the Engineer of Record for the Pioneer Key Regional Stormwater Pond being funded by FDEP, and it is in the best interest of the City to have PEC also complete the PK II work as they hold the corporate history of the project and could facilitate the schedule requirements. When Orange County awarded the City the $1.5M grant, the construction limit was pushed over the threshold for awarding a continuing service design contract under the Florida State Statutes pertaining to the Consultant's Competitive Negotiation Act (CCNA). The purpose of this act is to ensure fair distribution of design work under continuing contracts. In this situation that was thrust upon the City by the County, the City Attorney's have determined that awarding the design work to PEC will not violate the CCNA due to PEC's involvement in previous phases of this project, the specific nature of work being continued and the time constraints to complete the assigned tasks. 11. Approval to Consolidate' all Custodial Functions to the Facilities Division of the Public Works Department. (Public Works Director Krug) In order to streamline the cleaning and maintenance of City facilities, Public Works desires to consolidate all custodial functions to the Facilities Division. The Parks and Recreation Department currently has two part-time custodial positions that we desire to consolidate with the Facilities Custodial Team in order to better utilize staff and provide increased services. The consolidation has been taking place on a trial basis for 30 days and has been successful at meeting these goals and improving the cleanliness of City facilities. Public Works is requesting that the two part-time positions in the Parks and Recreation Department be transferred to the Facilities Division along with the subsequent salary funds in the amount of $29,925.00 to fmish out the fiscal year effective this current pay period. Salary amount - $26,870.00, FICA amount - $2,055.00. I F. PUBLIC HEARINGS 12. Starke Lake Baptist Church - Right of-Way Vacation Resolution. (Advertised as Public Hearing in the Orlando Sentinel Orange Extra on Thursday, January 4, 2007). (Planning Manager Armstrong) The unnamed 30-foot right-of-way is located between the easterly right-of-way of West Avenue and the westerly right-of-way of Spring A venue. This area is currently grassed and wooded and is adjacent to a power line (distribution) on the north side of Starke Lake Baptist Church. The applicant is requesting the City of Ocoee to vacate this roadway in order to facilitate possible future growth of the church. Staff recommends that the Honorable Mayor and City Commissioners adopt a resolution vacating the 30-foot wide public right-of-way for the unnamed roadway located between West Avenue and Spring A venue, subject to reservation of a public utility easement over the abandoned roadway. SECOND READINGS 13. General Employees' Pension Board Ordinance Change. (Human Resources Director Carnicella). (Advertised as Public Hearing in the Orlando Sentinel Legal Classified on Sunday, November 12,2006). Continued/rom the November 21,2006, City Commission Meeting. The Pension Board for the City of Ocoee Municipal General Employees' Retirement Trust Fund is governed by ordinance. Staff recommends amendment to the General Employees' Pension Ordinance to change the multiplier from 2.5% to 3%. This issue was approved by the General Employees' Pension Board and the Employee Committee. Furthermore, the issue was discussed at the budget workshops and staff was directed to return with a recommendation. The current Actuarial Impact Statement is based upon a 3% pension multiplier and 81 % maximum benefit after 27 years of service. Though there is no financial impact for FY 07, the City's contribution to fund this change will be approximately 12.5% of payroll in FY 09. The City's contribution rate for FY 07 is 9.4%. 14. Comprehensive Plan Amendments - Wekiva Study Area Ordinance. (IS! reading held on Nov. 1, 2005) (Advertised as Public Hearing in the Orlando Sentinel Orange Extra on Thursday, January 4, 2007). (Planning Manager Armstrong) On October 11, 2005, the Planning and Zoning Commission acting as the Local Planning Agency held their required public hearing and on November 1, 2005, the Mayor and City Commissioners held the required transmittal public hearing regarding the Wekiva Comprehensive Plan Amendments. On November 17, 2005, the City transmitted the amendment packet to the Florida Department of Page 4 of6 City Commission Regular January 16, 2007 Community Affairs (DCA) for review and comment. On February 3, 2006, the City received the Objections, Recommendations and Comments (ORC) Report detailing issues that DCA has with the proposed amendments. In this report, DCA issued seven (7) objections and included recommended changes that staff should evaluate to meet the intent ofthe Wekiva Parkway and Protection Act. Over the course of a year, staff has evaluated the ORC Report and applied DCA's objections and comments to the proposed amendments which have resulted in proposed language which staff feels will satisfy DCA's concerns. Based on evaluation of the protected areas within the Wekiva Study Area (karst features/most effective recharge areas/and sensitive natural habitats) and lessing out areas that have been developed, are considered as conservation, areas that are currently under development review, etc., it has been determined that only 174 acres, or 3% of the land area within the City limits will be impacted by the WSA. Further, only 611 acres, or 8% of the land area within the Joint Planning Area (JP A) limits will be impacted by the WSA. Staff recommends that the Honorable Mayor and City Commissioners adopt an ordinance implementing the Comprehensive Plan Amendments for the Wekiva Study Area into the City of Ocoee Comprehensive Plan. I G. REGULAR AGENDA I 15. Approval of Prairie Lakes Tract A - Final Subdivision Plan. (Senior Planner Howell) Prairie Lakes PUD Tract "A" is approximately 44.19 acres in size and is located on the northwest corner of the intersection of Clarke Road and A.D. Mims Road. The Final Subdivision Plan proposes the construction of infrastructure for a 205 lot residential subdivision consisting of single-family detached homes and townhomes. The properties to the south are primarily developed as residential uses. The property to the north is proposed for future residential development, and the property to the east is currently being developed for residential uses. The property to the west is the site of a City park. All surrounding properties are located within the City of Ocoee and have a City of Ocoee / Orange County Joint Planning Area (JPA) Future Land Use designations of Low Density Residential, Medium Density Residential, High Density Residential, and Recreation and Open Space. 16. Approval of Lakewood Estates - Final Subdivision Plan. (Senior Planner Howell) Lakewood Estates is approximately 15.8 acres in size and is located west of the intersection of Lakewood Avenue and Wurst Road. The Final Subdivision Plan proposes the construction of infrastructure for a 54 lot single-family residential subdivision. The surrounding properties to the north, south, east and west are primarily developed as residential uses and are located within unincorporated Orange County and have a City ofOcoee / Orange County Joint Planning Area (JPA) Future Land Use designation of Low Density Residential. The property to the northwest, commonly referred to as the "Chevron Property", is in the City and has a Future Land Use Designation of "Low Density Residential" and a zoning designation of R-1AA (Single-Family Dwelling) and is currently vacant. 17. Statement of Commitment to the Upper Ocklawaha River Basin Management Plan. (Public Works Director Krug) Pursuant to Florida Statutes, the Department of Environmental Protection (DEP) is in the process of adopting the Upper Ocklawaha Basin Management Action Plan (BMAP). The BMAP was fmalized as a consensus document on June 22, 2006, by authorized representatives of the agencies and organizations listed as members of the Upper Ocklawaha River Basin Working Group (BWG). Ocoee is a member of the BWG as the northwest portion of the City is included in the drainage basin. The goal of the BMAP is to implement the Department's Total Maximum Daily Load (TMDL) program authorized as part of the Florida Watershed Restoration Act, also codified in the Florida Statues. DEP implements the act by applying a watershed management approach of which the City is participating through the Pioneer Key Regional Stormwater Pond project. DEP has requested that as an active member of the BWG, the City execute the Commitment to show our support for the adoption of this BMAP. Page 5 of6 City Commission Regular January 16, 2007 18. Election Issues. (City Clerk Eikenberry) a. Approval of the Election Contract with Orange County Supervisor of Elections. The Supervisor of Elections Office submitted contracts for the March 13,2007, General Municipal Election and April 10, 2007, Run-off Election (if necessary). Staff recommends the Mayor and Commission approve the Summary of Responsibilities Contract and the Vote Processing Equipment Use Agreement and Election Contract to be in effect for the 2007 Election(s). b. Approval of Canvassing Board Criteria and Change of Location for Canvassing Board. Pursuant to Florida Statute 101.5614 and Ocoee City Charter Section C-50, the Canvassing Board shall meet at noon on March 14, 2007, in the presence of members of the public desiring to witness the proceedings. The Board will declare the results of the canvass and results of the election. Under new election laws, any outstanding provisional ballot cannot be counted until after Friday, March 16,2007, at 5:00 p.m. If such ballots exist in the Ocoee General Election, the Canvassing Board will continue the meeting on noon, Monday, March 19,2007, to include those ballots, and declare the official results of the Election. In accordance with the City Charter, the Canvassing Board will consist of Mayor Vandergrift, Commissioner Anderson, and Commissioner Keller. Additionally, the Canvassing Board has historically met in the Commission Chambers Conference Room and Staff is recommending the Board meet at the Supervisor of Elections Office. Bill Cowles, Supervisor of Elections, requested that all ballots are counted on the high- speed tabulators rather than the smaller rented tabulators. These machines are faster and have a higher degree of accuracy in reading the cards without rejecting them, creating less ballots that need to be duplicated and re-tabulated. c. Opt out of Early Voting. On January 3, 2006, the City Commission adopted Ordinance 2006-001 adding Section 5-16 to the Code of Ordinances of the City of Ocoee allowing a provision to Opt Out of the Early Voting due to fmancial and logistical considerations. Staff recommends, due to fmancial and logistical constraints, that the Mayor and Commission Opt Out of Early Voting in the City ofOcoee, FL, for the March 2007 General Election, and April 2007 Run-off Election, if necessary. I H. STAFF REPORTS I I. COMMENTS FROM COMMISSIONERS I 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. LAKE SHORE DRIVE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE OF THE MEETING. Page 6 of6