HomeMy WebLinkAbout11-04-08
MINUTES
OCOEE CITY COMMISSION
November 4, 2008, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
I 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 Anderson gave the Invocation and Commissioner
Hood led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared
a quorum present.
Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner
Keller, and Commissioner Johnson.
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
I B. PRESENTATIONS AND PROCLAMATIONS I
Presentation to Officer Dewey Mullan for Officer of the Quarter - CACOPD Chairperson
Grogan. This item was moved to the November 18h City Commission Meeting.
I Co COMMENTS FROM CITIZENS/PUBLIC
None
I D. COMMISSIONERS ANNOUNCEMENTS
Commissioner Hood 1) asked Chief Brown to announce the recognition of Michelle Grogan as
support staff of the year by the staff at Ocoee High School. 2) announced that the Haunted
House was a great job done by the Parks and Recreation Department and that staff was amazing.
V olunteers from the Parks and Recreation Advisory Board were also out there working the
booths.
Commissioner Anderson 1) invited everyone to the dedication of Lakeshore Drive tomorrow
morning at 10:30 a.m. 2) said the Lions Club Turkey Shoot fundraiser is this Saturday at 9a.m.-
5p.m. at the field south of Girls Club cost is $2.50 per shot. 3) congratulated Adriana Martinez
for winning the "Peace Begins with Me" Poster contest sponsored by the Lions Club.
Commissioner JohnsOli 1) thanked Parks and Recreation Department for Haunted House; there
were crowds both nights and everyone had a great time. 2) said Founder's Day report will be
presented at the next meeting. 3) announced that the Blood Drive is tomorrow from 9a.m.-3p.m.,
for citizens and employees. 4) asked Jim Carnicella to explain the National League of Cities
(NLC) exhibit November 12th_14th, at Marriott Orlando; HR Director Carnicella said the NLC
awarded the City a booth for the three days, and issued two conference admissions. He added
that, in conjunction with Crown Consulting and Care Here, they will put together a booth that
focuses on the clinic. Mayor Vandergrift announced that he will helping to guide a tour
through the City from the NLC Conference. They will be going through Winter Garden, Ocoee,
Oakland, and Windermere. 5) inquired if they could look at adding Veteran's Day as a holiday
for the City because many other government agencies are closed. City Manager Frank said
they would bring back statistics on what other cities are doing.
City Commission Regular
November 4, 2008
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Commissioner Kellelj I) congratulated Officer Michelle Grogan for receiving support staff of
the year at Ocoee High School 2) gave kudos to Parks and Recreation Department on the
Haunted House. 3) announced Ocoee High School Drama will be performing a Shakespeare's
Project on November 13th_15th at 7p.m. 4) announced the on December 5th Ocoee High School
Choir has a holiday concert.
Mayor Vandergrift 1) announced this is theatre season for the High Schools and upcoming
dates will be posted on his gazette. 2) announced he had a letter from Gray Robinson
Attorney's at Law that stated they will not be having their annual Christmas party this year but
instead will be taking the $150,000 and donate to charitable agencies such as Second Harvest
Food Bank, Orlando Sentinel Family Fund, Robert R. McCormick Tribune Foundation,
Coalition for the Homeless, American Red Cross, and McDonald Training Center. City
Attorney Rosenthal announced that Foley is doing the same thing and will be making charitable
contributions and part of their funds will go to the Christian Service Center, Daily Bread
Program.
I E. CONSENT AGENDA
1. Approval and Acceptance of the Regular City Commission Minutes of October 21,
2008. (City Clerk Eikenberry)
Approved on Consent. Motion Carried 5-0.
2. Reappointment to the Parks and Recreation Advisory Board. (City Clerk Eikenberry)
The two-year tenns of Gordon Applegate, Mary Barber, Phyllis Neal-Wilson and Veronica Royce end October
31, 2008. Gordon Applegate, Mary Barber and Veronica Royce have indicated they are willing to serve another
two-year tenn, if reappointed. Member Neal-Wilson has not expressed interest in being reappointed to the
board.
Approved on Consent. Motion Carried 5-0.
3. Approval of Award of Blackwood Avenue Reclaimed Water Connector Design Services
Contract to the Firm of CPH Engineers, Inc. in the Amount of $34,314.98 through
Services Authorization 08-001 of an Existing Contract for Engineering Services in the
SR 50 Corridor. (City Engineer Wheeler)
The Blackwood A venue Reclaimed Water Connector has been a long-planned means of interconnecting the
Conserv reclaimed water main on Old Winter Garden Road to the City of Ocoee's reclaimed water system at
the southern end of Montgomery A venue. A future City reclaimed water system extension from Montgomery
A venue to Clarke Road will provide full interconnection of the two reclaimed water systems. Funding for the
Blackwood Connector project is included in the list of projects funded by the Utility Bond.
Approved on Consent. Motion Carried 5-0.
4. Approval of Payments Totaling $325,000 to the Owners of the Fountains West
Development in Accordance with the Development Agreement of December 22, 2006,
and Subsequent Commitments by City Staff. (City Engineer Wheeler)
The Engineering Department has proposed that the City reimburse the developers in the amount of $247,655.76
to reflect the excess impact fees paid in 2007, and make the $75,000 payment for upsizing the reclaimed water
main. Accordingly, the Department requests that the City Commission authorize the Finance Department to
make those payments to OCOE, LLC.
Approved on Consent. Motion Carried 5-0.
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City Commission Regular
November 4, 2008
5. Approval to Award Prairie Lake Park Design Contract to Bellomo-Herbert & Co., Inc.
in the Amount of $61,556.00. (City Engineer Wheeler)
The City has a continuing contract for park and recreation design services with the finn of Bellomo-Herbert &
Co., Inc. Work under this contract is authorized by purchase order following the specification of a scope of
work by the City and negotiation of a price proposal. A project budget of $478,411.05 for design and
construction includes $278,411.05 in City funds and $200,000 in a State FRDAP matching grant. The proposed
design work will develop construction plans and acquire environmental penn its to build these improvements,
which include restrooms, multi-purpose ballfield, additional parking, boardwalk and fishing pier, landscaping,
and various park amenities (e.g., benches and picnic tables). Future work is likely to include creation of a trail
system to the west of the fonnal recreational facilities.
6. Approval of Change Order No.3 for the Pioneer Key Regional Stormwater Pond
Construction Project to Accommodate Final Construction Modifications in the Amount
of $21,010.37. (City Engineer Wheeler)
During the course of construction, various design elements were judged by the City to benefit from
modification in location and specification. The most significant owner-directed change was in the design and
construction of the weir structure that diverts water from the Northwest Ditch into the new stonnwater pond
was originally a fixed earthen dam. A concrete weir structure with a removable gate was designed as an
alternative that would allow diversion of the water around the pond for maintenance. Other changes made
under owner direction were to build a reinforced concrete driveway apron across the shallow force main on this
side of Palm Drive, relocate the sidewalk to a location adjacent to the parking area in order to facilitate access,
and install additional riprap along the inflow channel. Deletions made were the result of reducing the amount of
stonn drain piping required and elimination of the Orange County building penn it fee by annexing the property
into the City. Construction of the regional stonnwater pond is funded by a State grant.
Approved on Consent. Motion Carried 5-0.
7. Approval of Change Order No. 2 with Southern Site Works for Intersection
Improvements at West Road/Ocoee Crown Point Parkway at Ocoee-Apopka Road in
the Amount of $5,883.77. (City Engineer Wheeler)
Southern Site Works is presently under contract to the City of Ocoee to provide turn lanes and a new traffic
signal for West Road/Crown Point Parkway at Ocoee-Apopka Road as part of an ongoing Orange County
project to realign West Road and Ocoee Crown Point Parkway. The work has been completed, although there
was considerable delay related to accommodation of conflicting utilities. The proposed change order will
closeout the project by reconciling final unit quantities and recognizing the additional work required to provide
pedestrian access through the intersection, as jointly detennined with Orange County. The additional work, all
of which was owner-directed, was the result of a cooperative effort between Orange County and the City of
Ocoee; Orange County also incurred charges related to these improvements. The change order includes an
official time extension of 82 days for the project; there are no associated costs.
Approved on Consent. Motion Carried 5-0.
8. Approval of Award of RFP #09-001 Continuing Contracts for Geotechnical Testing
Services. (Purchasing Agent Tolbert)
The City's continuing contracts for geotechnical testing services have either expired or are non-existent. In
compliance with the policies and procedures of the City of Ocoee Code Chapter 21, a Request for Proposals
(RFP) was advertised with the intention to award continuing contracts for geotechnical testing services to no
fewer than three (3) finns deemed to be the most highly qualified to perfonn the required services. Finns
selected by the City will provide geotechnical testing services to the City on an as needed basis, based upon task
work orders to be issued by the City under the continuing contracts. The contracts shall automatically be
renewed annually unless tenninated by the City, for a maximum of five (5) years from the date of execution.
Approved on Consent. Motion Carried 5-0.
Page 3 of8
City Commission Regular
November 4, 2008
9. Approval of the 3-Year Collective Bargaining Agreement between the City and IAFF.
(Human Resources Director Carnicella)
This Collective Bargaining Agreement governs the terms and conditions of employment for Fire Department
Employees covered under the IAFF Union. The previous Collective Bargaining Agreement with the IAFF
ended September 30, 2008. Staff respectfully recommends the Commission adopt the Collective Bargaining
Agreement. Approximately $33,000 for increase in paramedic incentive pay and approximately $10,000 for
increase in working out of classification pay (total approximate amount of $43,000 should come from
Contingency).
Approved on Consent. Motion Carried 5-0.
10. Approval of Ocoee Pines (tka Whispering Pines) Final Subdivision Plan. (Principal
Planner Fabre)
The Final Subdivision Plan (FSP) proposes 189 single-family residential lots and 154 townhome units with
associated infrastructure. As a result, the FSP has a total of 343 dwelling units which does not exceed the
underlying land use density capacity or maximum allowed. The maximum gross residential density is
approximately 3.37 dwelling units per acre. The Final Subdivision Plan layout places the townhomes on the
northeastern portion of the site. The PUD specifies minimum lot sizes of75 feet by 120 feet (Type I), 70 feet by
120 feet (Type II), 60 feet by 120 feet (Type III) and 25 feet by 60 feet for the townhomes portion of the site.
The minimum living area for the single-family portion is 2,000 square feet for Type I, 1,800 square feet for
Type II, 1,600 square feet for Type III and 1,200 square feet for the townhome portion.
Pulled from the Consent Aaenda and heard separatelv.
Principal Planner Rumer said that there is a minor modification to the Final Subdivision Plan
Approval dealing with the Boundary Line Agreement between the City of Ocoee, the Forest
Hills Golf Course and the Developer. The agreement was not able to be signed on time for
tonight. The change will be in Condition of Approval #67 to state the FSP is approved
contingent upon the Boundary Line Agreement coming back to the Commission one is fully
signed. City Attorney Rosenthal restated Condition of Approval #67 as follows:
"This Final Subdivision Plan shall not become effective until such time as a Boundary Line
Agreement as referenced in COA #64 above is approved by the Ocoee City Commission and
executed by all of the applicable parties along with joinders and consents from all mortgage
holders. "
Commissioner Keller. seconded bv Commission Anderson moved approve Pines
(fka Whisperina Pines) Final Subdivision Plan. with the modification to Condition
of Approval #67 as it appears on the plan to state "This Final Subdivision Plan shall
not become effective until such time as a Boundary Line AGreement as referenced in
COA #64 above is approved by the Ocoee City Commission and executed by all of the
applicable parties alonG with ioinders and consents from all mortGaGe holders. " Motion
carried 5-0.
11. Approval to Reimburse Sandstone Builders, Inc. for Construction of a Portion of
Columbus Street as Road Impact Fee Credit. (City Engineer Wheeler)
Approval for the City of Ocoee to reimburse Sandstone Builders, Inc. for the construction of the improvements
to Columbus Street in the area of the drainage right-of-way between the Sandstone property and the Fire Station
as a Road Impact Fee Credit. Staff recommends that the City Commission approve the reimbursement to
Sandstone Builders, Inc. for the improvements to Columbus Street at the drainage right-of-way in the amount of
$18,460.29 from the Road Impact Fee Account.
Approved on Consent. Motion Carried 5-0.
Page 4 of8
City Commission Regular
November 4, 2008
I F. PUBLIC HEARINGS
12. Second Reading of Ordinance for Changes to City of Ocoee Police Officers' and
Firefighters' Retirement Trust Fund. (Advertised in the Orlando Sentinel Legal Classified on
Sunday, October 26, 2008) (Police Chief Brown)
Amendment to the Police Officers' and Firefighters' Pension Ordinance to include the following changes:
1) Allow DROP (Deferred Retirement Option Plan) participants to serve as a trustee but not vote for elected
trustees.
2) Optional Forms of Benefits is amended by adding a PLOP (Partial Lump Sum Option Payment) provision,
providing for the election of a partial lump sum payment in increments from 5 to 20 percent with the
corresponding balance paid in accordance with the normal form or option selected.
3) Deferred Retirement Option Plan is amended by adding a BAC-DROP provision allowing a participant to
work past his/her Normal Retirement Date and retroactively enter the DROP (Deferred Retirement Option
Plan).
4) Finances and Fund management, amending investment policy.
City Attorney Rosenthal read the title of the ordinance.
Mayor Vandergrift opened the Public Hearing.
R.P. Monacky, 1820 Prairie Lake Blvd., asked for clarification on the changes.
Police Chief Brown briefly explained the DROP, PLOP, and BAC DROP pension provisions
(benefits) that are being added by this ordinance. He stated that there is no financial impact to
the City the funding will come from the pension fund itself. City Manager Frank said an
actuarial study showed that there will be no impact to the city's contributions to the pension.
Chief Brown said both Police and Fire were part of the pension board that approved this change.
Mayor Vandergrift closed the Public Hearing.
Commissioner Anderson. seconded bv Commissioner Johnson. moved to
approve Ordinance No. 2008-018 amendina ordinance No. 96-20 Ocoee Police
Officers' and Firefiahters' Retirement Trust Fund. as subseauentlv amended: and
amendina Sections 1. 3. 10 and 27 as recommended bv staff which includes the
addition of the DROP. PLOP. and SAC-DROP to the optional forms of benefits.
Motion carried 5-0.
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2008-018
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF
OCOEE MUNICIPAL POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT
TRUST FUND; AMENDING ORDINANCE NUMBER 96-20, AS SUBSEQUENTLY
AMENDED; AMENDING SECTION 1, DEFINITIONS BY AMENDING THE
DEFINITION OF "ACTUARIAL EQUIVALENT"; AMENDING SECTION 3, BOARD OF
TRUSTEES; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS;
AMENDING SECTION 27, DEFERRED RETIREMENT OPTION PLAN; PROVIDING
FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.
Page 5 of8
City Commission Regular
November 4, 2008
13. Hill Variance. (Advertised in the Orlando Sentinel Legal Classified on Thursday, October 22, 2008)
(Principal Planner Rumer)
This variance application requests that a proposed sunroom addition at 478 Little Aspen Court be allowed to
encroach on the 25 foot rear yard setback established by the zoning district. The applicant's intent is to
construct the bathroom addition for immediate use and the sunroom would be constructed at a future date. The
applicant consulted with the Building Department on the requirements for making the addition and was
informed that due to the 25' setback; a variance would be required.
Principal Planner Rumer introduced the variance request and said staff does not object to the
variance as approved by the Board of Adjustment.
Commissioner Anderson. seconded bv Commissioner Johnson. moved to
approve the Hill Variance as recommended bv the Board of Adiustment. Motion
carried 5-0.
I G. REGULAR AGENDA
14. First Reading of Ordinance for Fountains at Highland Park. (Second Reading and Public
Hearing scheduledfor November 18,2008) (Principal Planner Fabre)
The proposed Fountains at Highland Park is a mixed-use development consisting of professional office, medical
office, and accessory retail and restaurant. This mixed-use office park will also include amenities for the users
including a feature pond, walkways surrounding the property and benches located at each building consistent
with the city requirements. Each lot will be sold as fee simple with a mandatory Property Owners Association.
Therefore, owners of each building will be responsible for maintenance of the infrastructure and amenities. The
total project will be developed in two phases. The Preliminary Subdivision Plan proposes seventeen (17)
commercial lots, which are sized to fit the proposed building structures with the exception of Lot 17. All of the
lots will be serviced by common tracts (Tracts "A," "B" and "C"). These tracts of land will address the need for
the requisite infrastructure (access, parking, sidewalks, landscaping, etc.) improvements.
a. PUD Land Use Plan/Rezoning
b. Preliminary Subdivision Plan/Site Plan
Mayor Vandergrift said this is a first reading of the ordinance, however, he will allow those
present who are connect with this development to speak if they wish to.
City Attorney Rosenthal read the title of the ordinance.
The commission had no questions for the developers at this time and they had nothing to add
prior to the public hearing.
Mayor Vandergrift announced the second reading and Public Hearing will occur on November
18, 2008 or as soon thereafter as may be heard.
15. Approval of Most Valuable Partnership (MVP) Grant Award Extension. (Community
Relations Manager Wright)
The Most Valuable Partnership grant program cycle is open once per year in November and is funded for
$20,000. Ocoee neighborhood associations and civic groups are eligible to apply for MVP grants and may be
awarded up to $2,500 in matching grant funds. Organizations that were awarded grant money were required to
complete their improvement projects by September 29, 2008, in order to receive their matching grant monies.
Hope Charter School was awarded a $2,500 Most Valuable Partnership Grant on February 19,2008, to install
new playground equipment. Hope Charter School did not meet the September 29th deadline to complete their
project due to construction at their school. Hope Charter School recently completed their project and installed
the playground equipment. Hope Charter is requesting that the City issue the $2,500 matching grant using
monies from contingency.
Page 60f8
City Commission Regular
November 4, 2008
(cont.)
Community Relations Manager Wright explained that Hope Charter School did not meet the
September 29th deadline to complete their project in order to receive their MVP grant due to
construction at their school. Hope Charter School completed their project last week and installed
the playground equipment. Hope Charter is requesting an extension on the deadline and asks that
the City issue the $2,500 matching grant. City Manager Frank said no money was encumbered
last year, so a grant extension would require using money from the FY 08-09 contingency fund.
Commissioner Anderson. seconded bv Commission Keller moved to arant the
extension and pay the $2.500 arant to Hope Charter School from the continaencv
fund. Motion carried 5-0.
Principal Crystal Yoakum thanked the City for the funding and said the children are enjoying
the new playground. She said the school is in Winter Garden but serves many Ocoee children.
I H. STAFF REPORTS
16. Discussion Regarding HRDB Requesting City of Ocoee to Sponsor OrisiRisi African
Folklore Event for Black History Month. (Commissioner Keller)
Commissioner Keller said the Human Relations Diversity Board felt that it would be a good
idea to bring back the OrisiRisi African Folklore Program back because of the great success in
2004. Mr. Don Harrell, said he and his wife put on a small program in Ocoee in 2004 and it
was picked up and replayed by Orange TV. He said many people have told him how much they
enjoyed it and he would like to do an even larger program this year. He said the Ocoee Middle
School has invited them to be guests in their performing arts department for four days and to
work with students who will be part of the program. He said he will provide costumes and
instruments and do a performance for the school and an evening for the City. He stated the cost
of the program would be $2500; he was not making a profit from this. There was discussion
among the Commission regarding the HRDB's $2,000 budget and other events they are trying to
sponsor. Commissioner Johnson said they should do fundraisers to pay for some portions of
these events because the Commission cannot give them more money without giving it to any
other board who asked for it. Commissioner Hood agreed and said everyone knows what the
Commission went through during the budget process to cut costs; we cannot keep making
changes after the fact.
This item was moved up before Item # 1.
Commissioner Keller moved to arant $1000 to the HRDB offset their costs for the
OrisiRisi proaram. Motion died for lack of second.
Commissioner Anderson said he would agree to give them $500 and let them use their $2000 to
fund the difference. They will have to do fundraisers for their other events.
Commissioner Keller. seconded bv Commissioner Anderson moved to arant ~
to the HRDB Board toward the $2500 cost of the proaram. Motion carried 3-2 with
Commission Johnson and Commissioner Hood opposed.
I I. COMMENTS FROM COMMISSIONERS
Commissioner Hood 1) asked Chief Brown to talk about a noise pollution ordinance. Chief
Brown said right now it is a misdemeanor if a neighbor is having a loud party, which is a bit
harsh. It also requires that neighbors make a statement if they make an arrest or move forward
Page 7 of8
City Commission Regular
November 4, 2008
with charges and not many neighbors want to make a statement. A City noise ordinance would
make it a fine or code violation where the person would basically receive a citation. Chief
Brown said most people voluntarily comply when they receive a citation. Without obiection.
have staff research. City Manager Frank said they have similar ordinance for construction
noise. Commissioner Anderson said they should have a decibel meter so everyone is judged
the same. 2) announced in Westyn Bay Shopping Center there is an individual who is parking
vehicle in front of water fountain and putting signs on it to advertise and is hoping someone can
go out and look at that. 3) announced OHS plays East Ridge at East Ridge on Friday. Ocoee
High School defeated West Orange High School for the shield this year; this is the third year in a
row. 4) Pee Wee Bull Dogs are undefeated, they have 288 points total.
Commissioner Andersonl) announced Airport Authority selected top two contractors to do the
feasibility study and inquired if staff can continue to assist them. City Manager Frank stated it
should not be too overwhelming to have staff assist them more in the future.
Commissioner Jo~~I) announced on White Road and Bluford Avenue there is a sink hole
and needs to get checked out. Public Works Director Krug thinks it is a survey monument, but
he will check it out. 2) stated the light pole on the comer Cumberland and Delaware is always
out. Public Works Director Krug stated he would get with Progress Energy. 3) stated he went
to the re-dedication of West Orange High School in place of the Mayor who was ill and it was
very nice. Mayor Vandergrift thanked Commissioner Johnson for standing in for him at that
re-dedication. 4) reminded everyone about the Blood Drive.
Commission~-~I) inquired if Public Works Director Krug could come back through
Sawmill and do some pot hole work. Public Works Director Krug announced they have been a
little delayed in the asphalt due to the downfall in the economy and being able to get the asphalt.
Commissioner Johnson stated Johio Shores Road is in terrible condition and needs to be
evaluated. Mayor Vandergrift inquired on the timeline on Blackwood A venue, near hospital.
Public Works Director Krug stated they are getting ready to do Blackwood soon; they are
trying to time it with the reclaimed water installation so they would not have to dig it up twice.
Mlyor Vandergriftl) reminded everyone about the dedication of Lakeshore Drive tomorrow
morning at 10:30a.m.
City Mana~er Frank quickly announced that the Notice oflntent to Use the Uniform Method of
Collecting Non Ad-Valorem Assessment for the Fire Fee is being advertised in the newspaper
during the next 4 weeks. This is to help the City preserve the ability to have a Fire Fee or no Fire
Fee next year. The Resolution oflntent will be coming before them sometime in December.
The meeting was adjourned at 8:12 p.m.
Attest:
APPROVED:
City of Ocoee
~Sffl~
S. Scott Vandergri , Mayor
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