HomeMy WebLinkAbout05-06-08 Minutes
MINUTES
OCOEE CITY COMMISSION
May 6, 2008, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A.CALL TO ORDER
Mayor Vandergrift
called the regular session to order at 7:15 p.m. in the Commission Chambers of
Commissioner KellerCommissioner Johnson
City Hall. gave the Invocation and led the Pledge
. City Clerk Eikenberry
of Allegiance to the Flagcalled roll and declared a quorum present.
Roll Call:
Commissioner Hood, Commissioner Anderson, Mayor Vandergrift (absent),
Commissioner Keller, and Commissioner Johnson.
Also Present:
City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
B.PRESENTATIONS AND PROCLAMATIONS
Proclamations – Mayor Vandergrift
National Electrical Safety Month – May 2008
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Municipal Clerks Week – May 4 – 10
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Therapy Dog Awareness Day – May 10
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Presentation - Florida Outboard Association presentation to Ocoee Woman's Club and the
City of Ocoee. (Commissioner Anderson)
Presentation – 2007 Audit Report - Elden McDirmit, C.P.A. (Finance Director Horton)
Finance Director Horton Auditor Elden McDirmit
andgave a PowerPoint presentation
outlining the financial condition of the City.
Commissioner Anderson Mr.
asked if our debt ratio is high due to the properties we own?
McDirmit
said that is a large portion of it, the debt ratio would be much closer to the benchmark
without the debt from the AD Mims and Crown Point property.
Commissioner Anderson
asked about the operating reserve, if 25% in reserves was normal for
Finance Director Horton
municipalities. said that would keep the city operating for 3.5 months
if no money were coming in, that is the strategy we have adopted although three months is an
acceptable level.
RP Monacky, -
1820 Prairie Lake Blvd.asked for explanation of the ratios and why Ocoee’s
Mr. McDirmit
debt is $1137 vs. $544 per person for benchmark cities. explained the debt
service to total expenditures ratio and the debt to population ratio.
C.COMMENTS FROM CITIZENS/PUBLIC
R.P. Monacky
, 1820 Prairie Lake Blvd., said he thinks the City should consider an additional
City Attorney Rosenthal
tax instead of the fire service fee. said that the fire fee cannot be
Commissioner Keller
added as an ad valorem tax. explained the new changes from the
legislature this year kept the city from being able to raise the millage and the fire assessment is
the only way to pay for those services.
Martha Lopez Anderson
, 2438 Alclobe Circle 1) asked if the Commission had adopted the
City Attorney
Ordinance with the proposed changes by the redistricting commission.
Rosenthal
said that staff is now preparing the meets and bounds descriptions that go along with
City Commission Regular
May 6, 2008
that and the first reading of the ordinance should be on the next agenda; 2) informed residents
that the Charter Review Commission began meeting and they should get involved in the process
because the Charter is only revised once every 10 years. She informed them that the meetings
will take place May 14 & 28 and June 11 & 25 at 6:30 pm in the Commission Chambers and the
City Charter could be viewed by going to the City of Ocoee home page at www.ocoee.ci.fl.us
and clicking on the link to view the current charter.
D.COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller
- congratulated the graduating seniors and all of the school kids for their
participation in events and sports throughout the year as this school year comes to a close.
Commissioner Johnson
- none
Commissioner Anderson
- congratulated the Lion’s Club for their work on the City of Ocoee
booth themed “Let’s Get Green” at the Florida Fair which won a Best of Show award. He
thanked the Lions Club and the Ocoee Utility Department for their assistance.
Commissioner Hood-
said there will be 40 teams involved in a Coach Pitch tournament on May
12, 2008; eight teams will be there from Ocoee Little League
E.CONSENT AGENDA
Approval and Acceptance of the Regular City Commission Minutes of April 15, 2008.
1.
(City Clerk Eikenberry)
Approved on Consent. Motion carried 4-0 with Mayor Vandergrift absent.
Reappointments to the Human Relations/Diversity Board. (City Clerk Eikenberry)
2.
The terms of Members Fay Alston, Lester Dabbs, and Dorcas Dillard expire this month, and Fay Alston and
Lester Dabbs have indicated an interest in being considered for reappointment. The following reflects the
attendance of the board members considering reappointment: Fay Alston attended 14 of 21 meetings and Lester
Dabbs attended 18 of 23 meetings. Dorcas Dillard does not wish to be reappointed to the board at this time, due
to her many other current obligations.
Approved on Consent. Motion carried 4-0 with Mayor Vandergrift absent.
Appointment to the Community Grant Review Board. (City Clerk Eikenberry)
3.
Members of the Community Grant Review Board serve two-year terms. The Community Grant Review Board
currently has four (4) members and their resolution allows no more than five (5) members. One application was
received from Rosemary Wilsen with an interest in serving on the board. There are no additional applications
on file.
Approved on Consent. Motion carried 4-0 with Mayor Vandergrift absent.
Appointment to the Parks and Recreation Advisory Board. (City Clerk Eikenberry)
4.
Members of the Parks and Recreation Advisory Board serve two-year terms. The Parks and Recreation
Advisory board currently has ten (10) members and their ordinance allows no more than thirteen (13) members.
One application was received from Jane Rainer with an interest in serving on the board. There are no additional
applications on file.
Approved on Consent. Motion carried 4-0 with Mayor Vandergrift absent.
Appointment to the Citizens Advisory Council for Ocoee Fire Department (CACOFD).
5.
(City Clerk Eikenberry)
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City Commission Regular
May 6, 2008
Members of the Citizen Advisory Council for Ocoee Fire Department serve three-year terms. The Resolution
creating the Board allows fifteen (15) to twenty-five (25) members. The board currently has eleven (11)
members. One application was recently received from Fred Wilsen with an interest in serving on the board. No
other applications are on file.
Approved on Consent. Motion carried 4-0 with Mayor Vandergrift absent.
Appointment to the Citizen Advisory Council for Ocoee Police Department (CACOPD).
6.
(City Clerk Eikenberry)
Members of the Citizen Advisory Council for Ocoee Police Department serve three-year terms. The Resolution
creating the Board allows fifteen (15) to twenty-five (25) members; however the consensus of the Board was to
function more efficiently with fifteen (15) members. The board currently has ten (10) members. One
application was recently received from Fred Wilsen with an interest in serving on the board. No other
applications are on file.
Approved on Consent. Motion carried 4-0 with Mayor Vandergrift absent.
Award of RFQ #0802 Continuing Contracts for Landscape Architectural Services
7.
to
. (Purchasing
Bellomo Herbert & Co. Inc; HHI Design; and Glatting Jackson Kercher Anglin
Agent Tolbert)
The City’s continuing contracts for landscape architectural services have either expired or are non-existent. In
compliance with State Statutes Section 287.055 and the policies and procedures of the City of Ocoee Code
Chapter 21, a Request for Qualifications (RFQ) was advertised with the intention to award continuing contracts
for landscape architectural services to no fewer than two (2) firms deemed to be the most highly qualified to
perform the required services. Firms selected by the City will provide landscape architectural services to the
City on an as needed basis, where the professional fees for studies are under $50,000 and construction costs are
under $1 million, based upon task orders to be issued by the City under the continuing contracts. The contracts
shall automatically be renewed annually unless terminated by the City, for a maximum of five (5) years from
the date of execution.
Approved on Consent. Motion carried 4-0 with Mayor Vandergrift absent.
Award of Bid #B08-06 Pioneer Key II Infrastructure Program
8.
to Central Florida
(Purchasing Agent Tolbert)
Environmental Corp. in the amount of $1,375,542.62.
The Pioneer Key II Infrastructure Rehabilitation Project is intended to correct long-standing deficiencies in this
Ocoee development. Some streets in the development are presently almost impassible with normal
automobiles. Water and sanitary sewer lines are located out of the right of way and under the homes located on
private lots. Stormwater management is very limited. To correct these problems, the project includes a
complete reconstruction of the roadway, installation of significantly improved stormwater management
facilities, and new utilities located within the street right of way. Narrow, crumbling sidewalks will be replaced
with a more robust structure that serves also as a continuous driveway apron. Construction funding for
improvement of public infrastructure is being provided by Orange County through a federal Community
Development Block Grant fund allocation. Ocoee and Orange County entered into an agreement in 2007 that
allows the City to manage the project, with Orange County providing cost reimbursement up to the budget limit
of $1.5 million for allowable expenses. The project was advertised for competitive bid earlier this year and a
number of responsive bids were received. The Engineering Department and Finance Department have reviewed
all bids. Staff recommends awarding the bid to Central Florida Environmental Corp. as the most responsive and
responsible bidder for the amount of $1,375,542.62. The original estimate for this project was $1,962,500.00.
Approved on Consent. Motion carried 4-0 with Mayor Vandergrift absent.
Approval of Lakeshore Drive Phase II Improvements. (Public Works Director Krug)
9.
The Commission awarded the construction contract for the Lakeshore Drive Phase II Improvements on
December 18, 2007. Public Works is requesting the Commission to allocate $42,000.00 of additional funds to
the project. These funds would cover costs for geotechnical testing services, right of way acquisition settlement
and miscellaneous design changes during construction. Construction materials testing services with Nodarse &
Associates, Inc., will require $9,447.00. These services will provide the standard quality assurance testing to
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City Commission Regular
May 6, 2008
ensure the roadway contractor is constructing the new road in accordance with the contract specifications.
Nodarse & Assoc. is one of the City’s continuing geotechnical engineering services firms. Right of way
property acquisition was required at the Black Property, 33 Lakeview Street, in order to harmonize the new
roadway with the property. The settlement for the acquisition requires the City to construct a new driveway
apron, an approximate increase of $3,000.00 to the construction contract. A portion of the remaining funds will
be utilized for the design engineer, PEC, to complete the plan revisions due to conditions encountered in the
field. The exact amount for this work is still being negotiated. The remainder of the $42,000.00 would be
applied to any potential additional construction costs for said field revisions. The $42,000.00 of additional
funds for the project would reallocate $17,000.00 from the miscellaneous sidewalk construction capital outlay
account plus $25,000.00 from the Hawaii Drive sidewalk project.
Approved on Consent. Motion carried 4-0 with Mayor Vandergrift absent.
Approval of 2006-2007 Resurfacing Program Close Out Change Order. (Public Works
10.
Director Krug)
The Commission approved the 2006-2007 Resurfacing Program on April 17, 2007. The original $245,000.00
Purchase Order for the 2006-2007 resurfacing program with Orlando Paving Company (OPC) was reduced to
$221,058.00 due to expected quantity under runs. At the time the Lakeshore Drive Phase II construction project
was awarded on December 18, 2007, Public Works requested the expected $23,942.00 under run on the OPC
Resurfacing purchase order be allocated to the Lakeshore Drive construction. Following several meetings with
OPC, it has been determined that the total cost for the actual pavement installed due to quantity over runs is
$263,463.13, an increase of $18,463.13, approximately 7% above the original purchase order amount. The
anticipated $23,942.00 under run must be allocated back into the purchase order requiring $42,405.13 total in
order to complete the 2006-07 resurfacing program.
Approved on Consent. Motion carried 4-0 with Mayor Vandergrift absent.
Approval of Addendum to Professional Architectural Contract for Engineering
11.
Services for Interior Renovation of the New Police Headquarters. (Public Works
Director Krug)
The Commission approved the contract with HKS Architects for the interior renovation of the new Police
Headquarters at the February 19, 2008, Commission Meeting. The approval allowed for the addition of
anticipated engineering costs for mechanical, electrical, plumbing, fire protection, communications, technology
and security services. City Staff, HKS and TLC Engineering have completed several meetings at the building
site to determine the scope of services for this work. Through HKS, TLC Engineering proposes to provide
professional engineering, design and construction services for heating, ventilating and air-conditioning
(HVAC), plumbing, electrical, fire protection, communications, technology and security engineering. These
services will be provided through, and coordinated by, HKS as an addendum to their contract. The estimated
engineering design services fee is $30,500.00 plus a not to exceed amount of $9,000.00 for construction
administration and reimbursable expenses. Funding is included in project budget.
Approved on Consent. Motion carried 4-0 with Mayor Vandergrift absent.
Approval of Amendments to the Preliminary/Final Subdivision Plan for Slone Landing
12.
(f/k/a Foote Property). (Senior Planner Howell)
On November 1, 2005, the City Commission approved a Preliminary/Final Subdivision Plan for Slone Landing.
The subject property is located on the northwest corner of the intersection of Bluford Avenue and Orlando
Avenue, north of Fire Station #1. The Preliminary/Final Subdivision Plan permitted the construction of 4 single-
family detached units on 2.72 acres. The approved plan details the extension of Orlando Avenue to the west side
of Lot 4, and requires access for Lots 1-3 to be from Orlando Avenue, with the access for Lot 4 being provided
from Cumberland Avenue. The first request is to change the point of access for Lot 3 from Orlando Avenue to
an access easement over Lot 4, which has its approved point of access on Cumberland Avenue. Condition of
Approval 20 of the approved Preliminary/Final Subdivision Plan states “there shall be no access from the
property to any public road except at the approved locations shown on the approved Final Subdivision Plan.”
The second request is to eliminate the requirement of extending Orlando Avenue to the west side of Lot 4. This
proposal would allow only Lots 1 and 2 to have their point of access from Orlando Avenue. Section 6.2 (A) (5)
of the Land Development Code requires all lots to front on a paved road, have their primary access on a street
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paved to City standards, and requires existing unimproved City rights-of-way that abut subdivisions to be paved
and improved at the developer’s expense. This is depicted on the approved Preliminary/Final Subdivision Plan.
Furthermore, Section 6.2 (A) (5) of the Land Development Code requires the developer to pave a street from the
entrance of the development to the nearest public paved road. During the review of the approved
Preliminary/Final Subdivision Plan; staff liberally interpreted this section of the Land Development Code and
allowed the developer to extend Orlando Avenue to the west side of Lot 4, instead of to Kissimmee Avenue,
which is the nearest public paved road.
Approved on Consent. Motion carried 4-0 with Mayor Vandergrift absent.
Award of Engineering Contract to CPH, Inc. for Relocation of Utilities Associated with
13.
the SR 50 Widening Project with FDOT. (City Engineer Wheeler)
The Florida Department of Transportation has planned for and prepared design drawings for the widening of SR
50 – West Colonial Drive. The City has been informed that some if not all of our water and sewer pipelines
will be required to be relocated to not be in conflict with the FDOT proposed facilities. The City’s water and
sewer facilities are not the only utilities that are required to be relocated. All of the utilities within the right-of-
way are affected; telephone, cable TV, electrical, natural gas, and others. The funding has not been secured for
the construction of the road widening project, so there is no set timeline on the project, at this time. Earlier this
year the City selected CPH, Inc. through the Consultants Competitive Negotiation Act as its engineer of record
for this project. Staff has negotiated the fee proposal for the project and is ready to start working with FDOT on
our design project. The proposal currently does not anticipate designing the relocation of every linear foot of
water main, gravity sewer, and sewer force main. CPH and the City do not believe that all the pipelines need to
be relocated, however we have not had detailed discussions with FDOT, yet. CPH, Inc. proposal is for
$356,186.62 and includes tasks for Preliminary Engineering; Survey, Geotechnical and Environmental
Investigations; Preparation of Construction Documents; Permitting; Public Meeting and Construction
Notification; and Bidding Assistance. The proposal does not include Construction Assistance at this time
because of the lack of schedule from FDOT and the scope of the work. The construction assistance may be
added in the future as necessary. While the initial tasks need to be completed within a year, the 100%
construction documents, permitting, and bidding assistance will not need to be performed until FDOT sets their
schedule. The City will pursue a Joint Participation Agreement program with FDOT, to include the City’s work
in the FDOT road project. However, some of our work may be accomplished as part of a development project
prior to the road widening project.
Approved on Consent. Motion carried 4-0 with Mayor Vandergrift absent.
Approval and Authorization to Execute an Agreement with Ranger Construction
14.
Industries, Inc. to Relocate a 12-inch Sanitary Sewer Force Main Under the Florida
Turnpike in Order to Avoid a Conflict with Widening of that Highway for the Amount
of $411,227.75. (City Engineer Wheeler)
The City’s utility operation has three crossings of Florida’s Turnpike, which is presently undergoing a
significant widening project in the Ocoee area. The largest of these crossings occurs at Maguire Road, where
potable water, reclaimed water, and sanitary sewer mains are located. It was discovered late in the design
process for the widening project that the 12-inch sanitary sewer force main and 12-inch potable water main
were in conflict with the widening project due to a loss of vertical separation. The initial expectation was the
City would have to relocate both utility mains to a lower depth, but subsequent analysis using the water flow
model showed that the City could maintain sufficient potable water flow and pressure without the water main.
This left the sanitary sewer force main—the only link flowing north from the portion of the city south of the
Turnpike—as the primary focus of the utility relocation project. In anticipation of project costs, the City budget
for FY 2006/07 allocated $150,000 for design and right of way acquisition. The FY 2007/08 budget allocated
$440,000 for construction. The actual cost for design was $37,380.00, including the system modeling work,
substantially less than anticipated. Ranger’s cost proposal for the relocation work is also below budget at
$411,227.75.
Approved on Consent. Motion carried 4-0 with Mayor Vandergrift absent.
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Consent Agenda Vote:
Commissioner Anderson, seconded by Commissioner Keller moved to
approve consent agenda items 1-14 as presented. Motion carried 4-0, with
Mayor Vandergrift absent.
F.PUBLIC HEARINGS - None
G.REGULAR AGENDA
Approval of Request for Reduction of Fine and Release of Lien Code Enforcement
15.
Board Case No. 07-078, Fernando M. and J.E. Macon and JPFD Investment Corp.
(Building Official Jones)
On May 15, 2007, Code Enforcement Officer Theresa Rodriguez observed violations of city code on the
property located at 2405 Johio Bay Drive, Ocoee, Florida. The violations observed were overgrown grass/weeds
on a vacant lot. A Notice of Code Violation and a Notice of Hearing were sent to the property owner Fernando
M and J E Macon and JPFD Investment Corp. on June 6, 2007, to appear at the Code Enforcement Board on
June 26, 2007. A Compliance Order was issued by the Code Enforcement Board giving the Respondent until
July 10, 2007, to comply or pay a fine of $100.00 per day until the property was brought into compliance. An
Order Imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on July 24, 2007. The fine
accrued daily until the property was re-inspected on January 31, 2008, and found in compliance. The total
amount of the fine is $20,400.00.The Code Enforcement Board recommended a reduction of fines to $2,500.00
if paid within 7 days of the Commissions approval. It is staff’s recommendation to support the decision made by
the Code Enforcement Board.
Building Official Jones
summarized the Code Enforcement case.
Building Official Jones
read a statement from the responder who stated his investment company
owned the property for years and only had problems recently with the lawn service. He said that
$26,750 is unconscionable for not mowing the grass for six months.
Commissioner Anderson, seconded by Commissioner Keller, moved to reduce
the lien on the property at 2405 Johio Bay Drive, to include the cost of two road
tables at $9000 plus the $2,500 recommended fee, payable within 30 days. Motion
carried 4-0 with Mayor Vandergrift absent.
Approval of Request for Reduction of Fine and Release of Lien Code Enforcement
16.
Board Case No. 07-211, J P Morgan Chase Bank. (Building Official Jones)
On October 9, 2007, Code Enforcement Officer Theresa Rodriguez observed violations of city code on the
property located at 2224 Twisted Pine Road, Ocoee, Florida. The violations observed were overgrown
grass/weeds and swimming pool was dirty and green. A Notice of Code Violation and a Notice of Hearing were
sent to the property owner J P Morgan on November 1, 2007, to appear at the Code Enforcement Board on
November 27, 2007. A Compliance Order was issued by the Code Enforcement Board giving the Respondent
until December 7, 2007, to comply or pay a fine of $250.00 per day until the property was brought into
compliance. An Order Imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on January
22, 2008. The fine accrued daily until the property was re-inspected on March 24, 2008, and found in
compliance. The total amount of the fine is $26,750.00.The Code Enforcement Board recommended a
reduction of fines to $7,500.00 if paid within 7 days of the Commissions approval. It is staff’s recommendation
to support the decision made by the Code Enforcement Board.
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May 6, 2008
Building Official Jones
summarized the Code Enforcement case.
Commissioner Keller, seconded by Commissioner Anderson, moved to reduce
the lien on the property at 2224 Twisted Pine Road, to include the cost of two
road tables at $9000 plus the $7500 recommended fee, for a total of $16,500,
payable within 30 days. Motion carried 4-0 with Mayor Vandergrift absent.
Approval of Resolution Establishing a Development Review Application Fee for
17.
Annexations with Initial Zoning on Parcels of One Acre or Less. (Planning Director
Wagner)
The City Commission requested staff to look into reducing the application costs for Annexations with Initial
Zoning for individual single family lots and smaller properties from $500 to $250. Staff believes that owners of
properties one acre or less in size would benefit most from this reduction since they are normally not
developers.
City Attorney Rosenthal
read the title of the resolution.
Planning Direct Wagner
explained this resolution was created at the direction of the
Commission to reduce fees for annexation for single family lots.
Commissioner Anderson, seconded by Commissioner Keller, moved to approve
Resolution No 2008-007 establishing a Development Review Application Fee for
annexations with initial zoning on parcels of one acre or less. Motion carried 4-0
with Mayor Vandergrift absent.
The resolution as adopted carries the following caption:
RESOLUTION NO. 2008-007
A RESOLTUION OF THE CITY OF OCOEE, FLORIDA RELATING TO
DEVELOPMENT REVUE FEES; ESTABLISHING A DEVELOPMENT REVIEW FEE
FOR ANNEXATIONS WITH INITIAL ZONING ON PARCELS OF ONE ACRE OR LESS
AND PROVIDING THAT SUCH FEE IS INCLUSIVE OF ALL REVIEW COSTS;
PROVIDING THAT THIS RESOLUTION IS SUPPLEMENTAIO TO PREVIOUS
RESOLUTIONS ESTABLISHING A SCHEDULE OF FLAT FEES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
.
EFFECTIVE DATE
Approval of Bus Bench Agreement. (Planning Director Wagner)
18.
On April 16, 1996, the City entered into a 12 year agreement with the West Orange Jaycees, MADD of Central
Florida, and the Boys and Girls Club of Central Florida (the “Clubs”) to permit placement of bus benches
throughout the community. The benches were to be placed as a community service project to benefit the
general traveling public and to provide revenue for the organizations through the sale of advertising on the
backrest of each bench. The agreement pertaining to the bus benches expired on April 16, 2008. Over the last
several years the City has been approached by various companies wishing to place bus shelters throughout the
community in an attractive setting. The current agreement has precluded any other groups from providing
additional facilities. Staff believes that the best approach to provide bus shelters and benches throughout the
City is to solicit proposals through an RFP process which will ensure that design and placement corresponds to
City Standards to enhance the community’s neighborhoods, commercial corridors and, particularly, the CRA.
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Planning Director Wagner said that staff recommends letting this agreement expire without
renewal; having the bus benches removed by August 16, 2008; and doing a RFP for the upper
scale bus shelters that are enclosed metal structures with lighting.
Commissioner Anderson said he would like to see staff do a RFP and use some of the profits to
fund grant programs and things of that nature. He added we need to look at this as something
that will generate some revenue.
Commissioner Hood asked if there are regulations as to type or placement of shelters. Mr.
Wagner said we have specifications for placements of the shelters, so we have controls in place
right now allowing us to review each bus shelter placement. He also noted that those
organizations who have provided the bus benches in the past will be able to respond to our RFP.
Commissioner Anderson, seconded by Commissioner Keller, moved to approve
per staff recommendation authorizing the City Manager to notify the various
clubs that the contract has expired and the bus benches need to be removed by a
specific date; and authorizing staff to put out a RFQ for upper scale bus shelters
Motion carried 4-0 with Mayor Vandergrift absent
19. Approval of Resolution Authorizing Condemnation for the Maguire Road Phase V
Improvement Project. (City Attorney Solik)
Maguire Road Phase V requires that condemnation proceedings be instituted to acquire necessary right-of=way.
Moved up on the agenda before Item #15.
City Attorney Rosenthal read the title of the resolution.
City Attorney Mary Solik said that the appraisals included in the packet will need to be updated
before the Order of Taking hearing, but given the state of the current market did not expect much
of a change.
Commissioner Anderson asked if that would be bond money. City Manager Frank said it is
Road Impact Fee Dollars. Ms. Solik added that the money is budgeted this fiscal year for the
right of way acquisition. Commissioner Johnson asked about the cost of properties,
particularly the largest 4.25 acre parcel that is needed for the retention pond. Ms. Solik
explained that it is a total take of that parcel because it is needed for the pond. Commissioner
Johnson asked how they come up with prices. Ms. Solik said the appraisal is done on the entire
parent tract, but because they are strip takings along the front, the improvements don't have to be
valued, only the land. They come up with a land value based on comparable sales; in this case it
was $6.00 to $7.00 per square foot. He allocated that price to the amount of square footage that
we need, taking into account any improvements within the taking. They are all improved at this
time except the Armstrong property which is parcel #110. Commissioner Johnson asked if the
drainage pond taking of $632,000 can come from a separate fee for drainage. City Attorney
Rosenthal said it is not storm drainage; it is for the road and has to come from impact fees. Ms.
Solik said they looked at several pond locations; they needed a site on the north side. She said
they initially looked at the Roper property which was a partial take and very expensive. She said
this plan includes a five lane road with a bi-directional turn lane in the middle. Commissioner
Johnson said this is an example of monies that we are forced to spend on road improvements for
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City Commission Regular
May 6, 2008
everyone, not just Ocoee residents, without getting any money from anyone else. Ms. Solik said
the suit should be filed by the end of the week, and the Order of Taking hearing is generally
scheduled 60-90 days after the suit is filed. Commissioner Anderson mentioned that getting
developers to donate right of way whenever projects are being done is helping the city in the
long run when it comes time for major road improvements. Ms. Solik said that is true, for
example parcel #110 was annexed into the city several years ago when an agreement was signed
to donate 20 feet of right of way which is now saving the city $60,000 - $70,000 with this taking.
Commissioner Anderson thanked staff for that forethought. City Attorney Rosenthal also
stated that the genesis of this property was the Auto Auction agreement, and they have
contributed 1.2 million to this project and have donated a substantial part of the right of way
required for this project.
Commissioner Anderson, seconded by Commissioner Keller, moved to approve
the Resolution No. 2008-008 authorizing condemnation for the Maguire Road
Phase V Improvement Project as presented Motion carried 4-0 with Mayor
Vandergrift absent.
The resolution as adopted carries the following caption:
RESOLUTION N0.2008-008
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE
ACQUISITION BY EMINENT DOMAIN OF PROPERTY, INCLUDING BUT NOT
LIMITED TO FEE TITLE, LOCATED GENERALLY ALONG MAGUIRE ROAD;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
20. Approval of Prima Vista Utility Reserved.: Wastewater Capacity:- Purchase of Expiring
Capacity. (Utilities Director Smith)
On December 30, 1987, the City entered into various Waste Water Developer Agreements which reserved
sewer capacity with the City (the "WDA's). The WDA's were entered into in connection with the City
purchase of its sewer system from Prima Vista Utilities ("PVU"). The sewer capacity was originally schedule
to expire on December 31, 1997. In October 1992, the City extended the reservation of capacity to December
31, 2002. In May 1995, the City further extended the reservation of capacity to December 31, 2007. The
reserved sewer capacity has now expired and is required to be surrendered to the City, absent a further
extension by the City. The City is required to re-purchase the surrendered capacity in accordance with the
terms of the WDA's.
City Attorney Rosenthal said this is the last phase of a twenty year story, beginning with the
City's purchase of the Prima Vista Utility. When the purchase occurred, people who built the
utility also had reserve capacity in the Prima Vista Sewer Plant for their contributions to the
utility. This capacity has continued beginning with a 10 year agreement, and then having two 5-
year extensions, the second of which has recently expired. The Goodman and Rosman families
were the main holders of the capacity; they want an extension on the capacity. Staff does not
feel an extension should be granted because the cost of what we are charging today for sewer
capital charges is materially different from what was paid 20 years ago. There is an economic
benefit to the City of recapturing this capacity. The Developer Agreements require that when the
capacity is surrendered to the city, the holders of the capacity be compensated so it is not a loss.
He said most of the documents back then were drafted by attorneys for Prima Vista. The City is
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City Commission Regular
May 6, 2008
trying to come up with something that was fair for both sides in terms of compensation. A three
tiered scenario was developed, with the developers having the option to pick one or mix them.
The scenarios are: 1) all cash, which is a lower amount, 2) all credits, which is the highest
amount and would not have an expiration date, 3) a middle ground, which would give credits at a
lower amount, but as third parties connected to the sewer system and funds were generated to the
City we would provide some reimbursement quarterly on a pro rated basis. We don’t know
which of these scenarios the holders of the capacity will choose. If the Commission approves
this, a letter will need to be sent to all of the capacity holders. We don’t know if everyone will
agree, we may have some disputes that need to be resolved, but they have been talking to the
major capacity holders and don’t anticipate any disputes. He added that the mall is a capacity
holder and may not even be aware that they are. Once the capacity is surrendered, the City will
no longer collect revenue and maintenance fees from the capacity holders. He said the City has
not been collecting material cash anyway because they have been turning in their reserve
capacity as credits in lieu of cash and they have, to some extent, become competitors in the
marketplace with the City for the available capacity.
City Attorney Rosenthal
stated that the staff reports outlines the proposed settlement and
recommends that the City Commission approve the Outline of City of Ocoee Agreement
Regarding Expiring Prima Vista Sewer Capacity; authorize that the Outline be presented to the
holders of the expired capacity; authorize the City Staff to accept the surrender of the sewer
capacity reserved with the City under the December 30, 1987, Waster Water Developer
Agreements, as amended; authorize the Mayor and City Clerk to execute amendments to the
December 30, 1987, Waster Water Developer Agreements, as amended, consistent with the
Outline; and authorize payment from the Wastewater Capital Fund for the purchase of the
surrendered sewer capacity in accordance with the Outline.
Mr. Rosenthal
said they have categorized those that haven’t done anything with the capacity,
those that are using the capacity and are connected and two properties referenced in the finance
department report (Bay Point Builders/Villas of Woodsmere and Ocoee Golf/Whispering Pines).
When staff reviewed this the feeling was that these are not original signatories, they purchased
the capacity at market value, and it isn’t fair to put them in the agreement causing them to have
to pay twice for the capacity.
Commissioner Johnson
said we originally had to do that to get the sewer facility, we did not
have any choice or we would not have had the sewer and the opportunity to expand commercial
City Manager Frank
business. said one of the main benefits of executing these agreements is
that the City will be the only one who can sell wastewater capacity to developers in the future.
Commissioner Anderson
confirmed the credits that the capacity holders keep cannot be sold.
City Attorney Rosenthal
said that the credits run with the land and can be used in connection
with the land as opposed to being on the open market.
City Attorney Rosenthal
said that they tried to create several options to avoid any conflict.
They were asking for cash in our negotiations, but cash will be at the lower end of value.
Commissioner Anderson
asked if it is a gallon credit that will be worth more at a later time.
City Attorney Rosenthal
said it is a fixed amount of cash credit that does not accrue interest; it
will be worth less as we increase the capital charges. Someone who takes all credits will not be
able to buy the same ERUs they had twenty years ago, and over time it will be worth less ERUs.
Page 10 of 12
City Commission Regular
May 6, 2008
Commissioner Anderson, seconded by Commissioner Keller, moved to approve
the purchase of expiring capacity for Prima Vista Utility reserved wastewater
capacity, as presented. Motion carried 4-0 with Mayor Vandergrift absent.
H.STAFF REPORTS
City Manager Frank
advised the Commission that the West Orange Chamber of Commerce
was on May 22, 2008, at the Grove in Winter Garden. He asked if they wanted to purchase a
table for the event consisting of six tickets.
Commissioner Johnson, seconded by Commissioner Anderson, moved to
purchase six tickets for $31.00 at a total cost of $186.00, to be taken from the
commission contingency fund. Motion carried 4-0, with Mayor Vandergrift
absent.
I.COMMENTS FROM COMMISSIONERS
Commissioner Anderson -
1) asked Parks and Recreation Director Hayes about the summer
Mr. Hayes
pool hours. said the pool opened this weekend; it will be opening at 3:30
p.m.,Monday through Friday, and noon on the weekends. He said they are giving swimming
lessons and expanding the lesson program to include mornings because they were at capacity last
year. All information is posted on the web page.
Commissioner Johnson
- 1) asked someone to check out the pothole at Bluford and Delaware,
2) asked about the road tables at the Lakewood because it is a cut through from Wurst and
City Manager Frank
Geneva. said he will check on that tomorrow 3) asked about speed tables
in his neighborhood because it is also a cut through, 4) asked what we are going to do about the
old Dr. Scott building at McKey and Bluford, it is unsafe and it is an eyesore for the town, he
City Manager Frank
thought we had discussed tearing it down before. said there was no
Commissioner Anderson
consensus in the past discussions about demolition. said we need to
put this on the agenda for the next meeting when the Mayor is here, 5) he added that there are no
. City
sprinklers, landscaping, or mowing happening on that corner from McKey to Oakland
Manager Frank
said we have been discussing getting rid of the Dr. Scott building and possibly
sodding, landscaping and planting magnolia trees. He said we looked at renovating and the cost
was approximately $350,000 and the Mayor understands that is not cost effective.
Commissioner Keller
– no comments
Commissioner Anderson
- added that as we get into the budget cycles he would like us to look
City Manager Frank
at all the ways we can cut costs. said we have been looking at smaller
Commissioner Anderson
vehicles and alternative fuel vehicles. said we need to look at smart
ways to use our resources such as turning the air conditioning up, keeping more lights out in City
Hall, etc. He asked citizens to email suggestions of how to reduce costs.
Commissioner Hood
- 1) said his prayers go out to Mayor Vandergrift and family for their loss,
2) residents should get involved with Charter Review Commission and the Budget process that is
starting soon, this is the time to be heard. 3) said he attended the Mayor’s Breakfast in Orlando
in the Mayor’s absence this week with Chief Reffett, and Pastor of Glad Tidings Pastor Gary
Howell and said he had a good time and met some interesting people.
Page 11 of 12
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City Commission Regular
May 6, 2008
I ADJOURNMENT
The meeting adjourned at 8:32 p.m.
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