HomeMy WebLinkAbout12-07-10 MINUTES
OCOEE CITY COMMISSION
December 7, 2010, 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 City Hall. Resident, Victoria Laney gave the invocation, followed by the Pledge of
Allegiance to the Flag, led by Commissioner Johnson. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson and Commissioner Keller.
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
Presentations:
2010 Ocoee Tennis Players of the Year - Jack Vinson
This item was postponed to the next regular meeting.
CACOPD Member Victoria Laney presented Officer Anglero as Officer of the Third
Quarter.
Chief Brown Presented the Life Saving Award to Officer Sara Hampton and Officer
Patera Scott.
Chief Brown presented the MADD Award to Officer Travis Clark.
Lions Club Presentation — Steve Van Varick, President of the Lions club presented a check
to the Ocoee Police Department for $500 to support the Toys for Tots Programs.
Additionally, he gave them $190 that the Lions Club earned from entry fees for the
Christmas Parade. Mr. Van Varick encouraged viewers to come and join the Lions Club.
Lt. McCosker, who has been spearheading the Toys for Tot effort for the past several years,
explained the program. He stated the deadline passed for those who are receiving the gifts; this
year it will be nearly 600 children. The gifts are currently being packaged for distribution on
December 15, 2010. He also stated that kids have been selected for the "Shop with a Cop"
program which will be held at WalMart later this week. Mayor Vandergrift also confirmed that
there are no more tickets for the Holiday Dinner at Ocoee Middle School on December 9, 2010.
Woman's Club of Ocoee- Requesting a Letter of Support from the City to Accompany a
Grant Application for Repairs to the Clubhouse; Request for Monetary Donations, if
Possible.
Teresa Lemons, 927 Chapel Oaks Ct., President of the Woman's Club of Ocoee, stated the
deadline for the letters of support is December 15, 2010. She stated they have made application
for a historical grant to preserve the building. The funds are needed for serious moisture issues,
ADA compliance, as well as interior and exterior restoration of architectural elements. She stated
they are asking for 1) a letter of support from 20 -30 vendors, entities, commissioners, etc. that
state they are a viable part of the city of ocoee and in support of the ROCH (Restore our
Clubhouse) restoration project. They are also seeking any funding assistance they can get; they
City Commission Regular
December 7, 2010
originally thought they would need $10,000 for the project and after getting estimates they found
they will need $25,000 to match the $25,000 they are seeking from the grant. She asked that
letters of support be sent to her at owcteresa(aaol.com. They need letters from 20 separate
persons or entities supporting the preservation of the Women's Club building. There was
discussion about waiting until next June to see what the Women's Club has been able to raise.
Myra Kinnie stated that the pledges for funds need to be given to their consultant Stephanie
Ferrell by December 15, 2010. The grant will be reviewed at the state and country level and
approval of the grant would not occur until late May or June. Ms. Lemons said they have to
prove the pledges are there, but would not need money until the grant is approved. They have
received one response from letters that were sent out asking for pledges, but they do not have any
dollar amount yet. The Woman's Club has $10,000 of the matching money; they are trying to
raise $15,000 more. There was discussion among the Commission regarding pledging the
money up to $15,000 and expect that a lower amount would be necessary once they raised their
own funds. They discussed fundraisers by the Women's Club and placing a sign on the door
showing the status of where they are with funds and where they need to be. Ms. Lemons said
members are not opposed to anything they need to do to raise the funds. They discussed that
offering in -kind services would help the city with what they could offer. City Attorney
Rosenthal stated that they would have to encumber the $15,000 in funds if they pledged it, and
then unencumber the funds later if they are not needed. City Manager Frank stated there is
$139,000 in the contingency fund. Commissioner Wilsen stated she is not comfortable
encumbering $15,000 this early in the fiscal year when there is so little in contingency this year.
Mayor Vandergrift asked about loaning it to them as we did the symphony. Ms. Lemons
explained how all the monies they raise are given back to the city through events and
scholarships. Conversation ensued. Ms. Lemons stated that they applied for the $2500 MVP
grant for their scholarship programs and the $500 community grant for Ocoee Elementary
Schools Media Centers; neither of those grants from the city went toward this restoration project.
Ms. Lemons stated that they hope they can raise $5000 by next August; they will have to scale
back on their service and donations to the community.
Commissioner Keller, seconded by Commissioner Hood, moved to pledge
$15,000 to assist the Women's Club in meeting the $25,000 goal for a matching
fund grant for restoration of their clubhouse with the expectation that the actual
amount needed will be less due to fundraising efforts of the Women's Club.
Motion carried 4 -1, with Commissioner Wilsen opposed.
Teresa Lemons, advised of another issue with the Ocoee Cemetery. She stated that one of the
members reported that graves are falling over and sinking and others need to be cleaned. She
stated they are having a clean up day on Sunday at 1:00 p.m. and anyone is welcome to come out
and bring rakes, etc. to assist. She also stated they are issuing a challenge to any other local
organization that can come out and help spruce up the Ocoee Cemetery on an additional clean up
day on February 19, 2011, at 10:00 a.m.
Ms. Lemons also distributed her most recent newsletter showing what the Ocoee Women's Club
is doing in the community.
Proclamation
Mayor Vandergrift read proclamation Supporting the Let's Move! Campaign.
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December 7, 2010
C. COMMENTS FROM CITIZENS/PUBLIC - None
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced that distributed on the dais is a more current proposed
ordinance for Item #11 the entire Item #14 which was listed as forthcoming in the agenda packet.
City Manager Frank announced that at the last City Commission meeting staff was asked to
bring back the cost of providing the appreciation pay to probationary employees. He advised
that they did look at the issue and there are 16 employees affected. To give those employees the
appreciation pay it will cost the City approximately $5900. Human Resources Director
Carnicella stated that the list he provided to them includes the probationary employees that were
excluded from the appreciation pay along with 4 other employees that are presently full -time and
on probation; however, they were part-time for a few years prior to that and only received the
amount designated to part time employees. He further stated there are 12 employees on
probation that will get the $400 appreciation pay and the 4 others will get the additional $200 for
an approximate cost of $5900. Commissioner Johnson inquired when the 4 employee's full -
time status took affect. Human Resources Director Carnicella stated most of the employees
were promoted well before October 1, 2010.
Commissioner Johnson, seconded by Commissioner Hood, moved to approve
the Appreciation Bonus to be given to the 16 probationary employees.
City Manager Frank advised that originally the dollars that they used for the Appreciation
Bonus was money that the Fire Department had turned back to the City that was in the third year
of their contract. The $5900 they are requesting for the probationary employees will have to
come from Contingency as the other payment has already been made to the employees.
Commissioner Wilsen asked for clarification on the probationary employees. Human
Resources Director Carnicella stated a majority of the employees are full -time employees that
were hired sometime in the last year. There were only four employees were promoted from part-
time to full -time status during the year.
After a brief discussion, the motion carried 4 -0 with Mayor Vanderqrift away from
the dais.
City Manager Frank announced that in the first week of January 2011 our Police Chief, Charlie
Brown, will be leaving to attend the 10 -week FBI National Academy in Quantico, Virginia. The
National Academy is a professional course of study for U.S. and International Law Enforcement
Leaders that serves to improve the administration of justice and police departments to raise
standards, knowledge, and cooperation worldwide. Participation is invitation only by a
nomination process. He further congratulated Police Chief Brown for being able to get into the
academy. Deputy Police Chief Goclon will be in charge during Chief Brown's absence.
City Manager Frank further announced the following:
Parks and Recreation Department will be hosting Santa's Winter Wonderland Event at the Jim
Beech Recreation Center this Saturday from 5:30 -8:30 p.m. There will be pictures with Santa,
arts /crafts, door prizes, hot cocoa & snacks, and a holiday gift shop for children. The movie Elf
will also be shown at 8:30 p.m. following the festivities and admission is free. Everyone is
encouraged to bring a non - perishable food item for donation to the Ocoee Christian Service
Center.
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December 7, 2010
The Parks and Recreation Advisory Board will be hosting its Annual Holiday Lighting Contest.
They encourage residents to get into the holiday spirit and light up Ocoee. Nomination forms for
the lighting contest are available at City Hall, Jim Beech Center, Parks and Recreation Office in
the Community Center, and on -line at www.ocoee.org.
Police Infraction Board Member Donald Bellerieve, who was District 1 representative and
appointed by Commissioner Hood, has resigned from his position as of November.
Commissioner Hood has selected Matt Garland as the replacement and he has been notified by
the City Clerk's office. Mr. Garland previously served on the board but had to resign due to
military service oversees. Mayor Vandergrift stated that he believes Matt Garland would be a
wonderful candidate. Without objection the Commission confirmed the appointment
of Matt Garland to the CACOPD.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller — reminder to all that Operation Santa has started and encouraged
everyone to look out for them and if able to give donations please do, this will help those
children who do not have much this holiday season. Mayor Vandergrift stated he received a
complaint that Operation Santa was not covering Twin Lakes Subdivision and was inquiring if
someone could look into it.
Commissioner Johnson — None
Commissioner Wilsen — None
Commissioner Hood — None
F. CONSENT AGENDA
1. Approval of Minutes for Regular Commission Meeting Held November 16, 2010. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 5 - 0.
2. Approval to Expend Forfeiture Monies to Purchase Accreditation Software
Subscription. (Deputy Police Chief Goclon)
Per Florida State Statutes 932.7055 "...Such (forfeiture fund) proceeds and interest earned therefrom shall be
used for ...other law enforcement purposes, which include defraying the cost of protracted or complex
investigations, providing additional equipment or expertise...." The Ocoee Police department seeks to obtain
State accreditation through the Commission for Florida Law Enforcement Accreditation. This arduous process
involves formulating, reviewing, approving, distributing, proving compliance with, and testing on policies and
general orders. All of this is made less burdensome on staff by the utilization of special software that helps
perform these tasks. Innovative Data Solutions, Inc. has such software and it is in use by over 100 agencies
across the state of Florida. The police department wishes to expend not more than $5,000 from its Police
Forfeiture fund to purchase a one year subscription. IS has reviewed this software and proclaimed it compatible
with the City's computer system.
Approved on Consent. Motion carried 5 -0.
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December 7, 2010
3. Approval of Resolution Supporting the Addition of a Value -Based Selection Process to
the Consultant's Competitive Negotiation Act (CCNA) for the Procurement of
Professional Services Related to Architecture, Engineering, and Surveying. (CIP
Manager Butler)
The Consultant's Competitive Negotiation Act (CCNA) presently limits the procurement methods available for
certain professional services to a single, qualifications -based approach in which the cost of services is not
considered until after the qualified firms have been ranked and award made by the governing body.
Negotiations progress from the highest - ranked firm one at a time, with no ability for the procuring agency to
weigh the costs and technical qualifications together to identify the best value option.
The National Institute of Governmental Purchasing has created a best value procurement process that allows
simultaneous consideration of price proposals from all qualified firms. This alternative has been proposed by
the Florida Association of Public Purchasing Officials and the Florida Association of Counties, among other
groups, for adoption as a modification to the CCNA. The proposed legislation would add the value -based
selection process as a second option for procuring professional services. In most cases, the value -based
approach is best suited when the services to be delivered are fairly well defined. When the value -based
approach is not appropriate, the traditional qualifications -only process would be used. The Engineering and
Finance departments recommend that the City Commission approve the proposed resolution. Doing so will lend
valuable support to the statewide effort to support the related legislation during the 2011 Florida Legislative
Session.
Approved Resolution No. 2010 -018 on Consent. Motion carried 5 -0.
4. Approval of a Budget Transfer Among Parks & Recreation Projects and Execution of
Change Order No. 4 with Trimble & Son Construction Group, Inc., to Adjust the
Contract to Accommodate Installed Quantities and Field Orders. (CIP Manager
Butler)
The City's contractor, Trimble & Son Construction Group, Inc., recently completed work to rebuild tennis court
facilities at several city parks. A change order is needed to reconcile the bid and installed quantities and to
accommodate minor field orders issued during the course of the project. Such a closeout change order is typical
of construction projects with unit price pay items The total cost of project additions and deletions is $9,459.13,
of which $5,268.95 is covered by contract contingency funds, making the total amount of the change order
$4,190.18. This amount represents the need for additional budget to closeout the contract.
A new basketball court is now under construction within the Tiger Minor Park property at the intersection of
Butterfly Creek Drive and Sleepy Harbour Drive. Funds in the amount of $50,000 for this work were provided
in the Adopted FY 2011 Budget to cover construction of the basketball court and installation of sports lighting.
The court construction received an allocation of $45,000, leaving $5,000 for lighting. The fmal price proposal
from Bright Future Electric for lighting at the basketball court is $6,912.00, which is $1,912.00 above the
available funds.
Taken together, the total budget need to complete the work is $6,102.18 which would be allocated from
remaining unencumbered budget for improvements at Prairie Lake Park.
Approved on Consent. Motion carried 5 -0.
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5. Approval to Purchase New Police and Heavy Truck Tires and Sole Source Heavy Truck
Tire Recapping. (Public Works Director Krug)
The Fleet Division budget for Fiscal Year 2010 /2011 includes the replacement of Police vehicle tires and heavy
truck tires. The City has researched pricing and found Boulevard Tire Center provides the lowest pricing
available through the Florida Sheriffs Association's annual contract for new Police tires and new heavy truck
tires. The majority of the heavy truck tires replaced during the year are for the Sanitation Division's fleet.
The Florida Sheriffs Association's annual contract does not solicit pricing for recapped heavy truck tires. The
City previously piggy backed off of a Broward County School Board contract with Boulevard Tire Center for
recapped tires which has since expired and is not being renewed. The City has contacted the local recapped tire
distributors /manufacturers and they do not have existing contracts the City can utilize. The other local
distributors have said they are not willing to provide recapped tires for the same, or lower price than Boulevard
is quoting to the City.
Public Works recommends awarding a purchase order to Boulevard Tire Center based on pricing from the
Florida Sheriffs Association's annual contract for new Police tires and heavy truck tires. Public Works also
recommends awarding a sole source purchase order to Boulevard Tire Center for recapped heavy truck tires
based on the pricing described.
Approved on Consent. Motion carried 5 -0.
6. Approval of City of Ocoee v. Lakendon, et al: Parcels 108 and 804 — W.J. Milner & Co.
Mediated Settlement Agreement. (Assistant City Attorney Solik)
This case is an eminent domain action to acquire the ROW necessary to construct the Maguire Road Phase V
Project. Parcels 108 and 804 were mediated on November 16, 2010. Approval of the negotiated costs will
require the payment of $97,500 by the City.
Approved on Consent. Motion carried 5 -0.
7. Approval for Award of RFQ #1101 Construction Engineering & Inspection (CEI)
Services for Roadway Construction and Debris Monitoring to Reynolds, Smith and
Hills, Inc. (RS &H). (Purchasing Agent Tolbert)
In compliance with the Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055,et
seq. and the policies and procedures of the City of Ocoee, the City solicited statements of qualifications from
professional engineering firms or individuals (consultants) that are interested in providing construction
engineering and inspection (CEI) services for federally funded roadway construction projects and debris
monitoring. The anticipated work would be the result of funding availability from the Florida Department of
Transportation (FDOT) Local Agency Program (LAP) and Federal Highway Administration (FHWA), in the
case of federal aid highway construction, and from the Federal Emergency Management Agency (FEMA), in
the case of debris monitoring associated with declared disasters. No specific project has been identified at this
time. The requested services are to be provided on an as- needed basis. The City intends to award one or more
contracts to the consultant(s) deemed to be the most highly qualified to perform the required services. In
determining whether a consultant is qualified, the City considered such factors as the ability of professional
personnel; familiarity with federal -aid requirements; whether a firm is a certified minority business enterprise;
past performance; willingness to meet time and budget requirements; and recent, current, and projected
competing project workload of the firm. The contract shall automatically be renewed annually unless
terminated by the City in writing, for a maximum of five (5) years from the date of the execution, with an
optional one year renewal.
Approved on Consent. Motion carried 5 -0.
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8. Approval for Award of RFQ #1102 Continuing Contract for Surveying and Mapping
Services to Mactec Engineering and Consulting Inc., Southeastern Surveying and
Mapping Corp., and Barnes, Ferland and Associates Inc. (Purchasing Agent Tolbert)
The City's current continuing contracts for Surveying and Mapping Services expired November 1 and
November 15, 2010. In compliance with the Consultants' Competitive Negotiations Act (CCNA), Florida
Statutes Section 287.055,et seq. and the policies and procedures of the City of Ocoee, the City solicited
statements of qualifications from professional surveying and mapping firms or individuals that are interested in
providing general surveying and mapping services for various planning, design, and development review
projects. The City intends to award continuing contracts to no fewer than three (3) firms deemed to be the most
highly qualified to perform the required services. The contracts shall automatically be renewed annually unless
terminated by the City in writing, for a maximum of five (5) years from the date of the execution, with an
optional one year renewal.
Approved on Consent. Motion carried 5 -0.
9. Approval for Award of RFP #11 -001 Emergency- Disaster Debris Removal Term
Contract to Bamaco, Inc., Ceres Environmental Services Inc., and TFR Enterprises,
Inc. (Purchasing Agent Tolbert)
The City's current continuing contracts for Emergency- Disaster Debris Removal do not expire until July, 31,
2011. The current contracts will be allowed to expire on their expiration date as the contracts do not have a
termination for convenience clause. The City will not be issuing task authorizations awarding work under these
contracts because of the new federal requirements. The Florida Department of Transportation (FDOT) informed
the City that Federal requirements had recently changed; therefore, a new RFP was advertised in order to
incorporate new Federal Emergency Management Agency (FEMA) and FDOT requirements. FDOT has
reviewed the RFP and contract documents for compliance. The City intends to award a contract to one or more
Contractors qualified and licensed in the State of Florida based on ability to rapidly mobilize, resources and
machinery, experience with similar contracts, price proposal, and a successful reference check. The contract
shall consist of a one (1) year term with four separate automatic one (1) year renewal terms, for a total of five
(5) years.
Approved on Consent. Motion carried 5 -0.
Recess: 8:12 p.m. — 8:20 p.m. (Visit from Santa)
G. PUBLIC HEARINGS — SECOND READING OF ORDINANCES
10. Second Reading of Ordinance for 10 -Year Water Supply Facilities Work Plan —
Adoption of Comprehensive Plan Amendment — THIS ITEM IS POSTPONED AND WILL I3E
READVERTISED FOR A LATER DATE. (Advertised in the Orlando Sentinel Orange Extra on Thursday,
November 25, 2010). (City Planner Rumer)
This item was postponed and will be advertised for Public Hearing at a later date.
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11. Second Reading of Ordinance Creating a New Chapter 45 of the Code of Ordinances of
the City of Ocoee Relating to Trees on Private Residential Properties within the City.
(Advertised in the Orlando Sentinel Legal Classified on Thursday, November 25, 2010). (City Planner
Rumer)
Trees can reduce the erosion of our top soil by wind and water, cut heating and cooling costs, moderate the
temperature, clean the air produce oxygen, provide habitat for wildlife, and increase property values, and
improve the aesthetics of the community. Based on numerous comments from citizens to staff and to the City
Commission, staff was directed to evaluate and bring forward a means of regulating trees on private residential
properties. Staff has prepared a draft ordinance creating a new Chapter 45 of the Code of Ordinances of the
City of Ocoee that creates a regulatory framework and policy for the control of planting, removal, maintenance,
and protection of trees on private residential properties.
City Attorney Rosenthal read the title of the ordinance. He further announced they have a
cleaned -up ordinance on the dais different from what was distributed with the agenda packet.
City Planner Rumer stated that he feels that the arbor ordinance before them tonight satisfies
the concerns they discussed at previous meetings. He further discussed the exemptions that
would be allowed and the appeal process for removing a tree, as well as, the permit process and
requirements for posting a permit when work is being done. Commissioner Wilsen inquired if
the permit would specify what tree or location of the tree that is being removed. City Planner
Rumer stated the permit would require some kind of basic plot plan which would show a
location of the tree with a circled "x ".
Public Hearing was opened.
R.P. Monacky, 1820 Prairie Lake Blvd., clarified about the location of the trees. He stated he
was under the impression that the City was going to dictate the location of replacement trees.
City Planner Rumer advised that the City will not dictate the location of the tree but would
only like to be informed as to where they choose to put it.
Elizabeth Osborne, 108 Miller Court, stated she has spoken with Commissioner Wilsen
regarding the posting of the permit so a tree contractor does not have to be asked if they have a
permit. She also feels there should be some kind of minimum penalty if a tree is cut down over
the weekend prior to obtaining a permit. Commissioner Hood stated that there is a $25.00 fine
per inch over 8- inches. Commissioner Keller stated he believes that what Elizabeth Osborne is
trying to say is if a tree is removed over the weekend how would they know the size of the tree
removed. City Planner Rumer stated they do have the benefit of updated aerials and
pictometry that they can refer too. Commissioner Keller and Commissioner Hood both stated
they are happy with the changes.
Public Hearing was closed.
Commissioner Hood, seconded by Commissioner Keller, moved to approve
Ordinance No. 2010 -039 Creating a New Chapter 45 of the Code of Ordinances of
the City of Ocoee Relating to Trees on Private Residential Properties within the
City. Motion carried 5 -0.
Commissioner Hood inquired if the new permitting system would allow for anyone to check
and see if a permit was pulled. Assistant City Manager Shadrix stated that feature is not
currently allowed and they are doing inspector training tomorrow on the system and are
anticipating on going live with the system in the next couple of weeks.
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December 7, 2010
H. REGULAR AGENDA
12. Approval to Hire Three (3) Officers Utilizing Monies from the 2010 COPS Hiring
Program Grant. (Deputy Police Chief Goclon)
On March 16, 2009, the Ocoee Police Department applied for a COPS Hiring Program Grant. The grant would
fund salaries and benefits for three (3) sworn police officers for three (3) years. On September 16, 2010, the
Ocoee Police Department received notification that it was awarded the grant. The amount awarded for three (3)
officers' salaries and benefits for a three (3) year period is $627,108. The City of Ocoee must pay for the initial
start up costs for uniforms and equipment (approximately $6,000 per officer). In order to be in compliance with
the grant requirements, the City must retain the new officers for a minimum of 12 months following the
conclusion of the three (3) year period. Federal equitable sharing monies (forfeiture funds) may be used to equip
and pay the City's final year obligation of the salaries and benefits of these officers. As one (1) of the officer
positions is a currently frozen position and two (2) of the positions would be new, a budget amendment will be
necessary.
Police Chief Brown stated before them is a COPS grant that they applied for and received
approval on in September. He explained the grant would allow (3) three sworn police officers
for (3) three years which would include their salaries and benefits with the condition that they
would keep the position for a fourth year. They have 90 days from the receipt of the letter of
confirmation to accept the grant, so they are asking for an approval tonight and then they can
move forward to do a budget amendment. Commissioner Johnson inquired as to what the
budget amendment was for. Police Chief Brown explained that they currently have one position
frozen and this would pay for that position as well as add two positions. The budget amendment
is needed for two new positions. City Manager Frank stated that the budget amendment would
be required by our ordinance and our budgeting practices in order to recognize the revenue for
the positions and expenditures. He further stated there will be no additional funds expended
from the general fund or anything of that sort. Commissioner Johnson inquired if the grant
would pay for their overtime and fuel for take home vehicles. Police Chief Brown stated it does
not pay for overtime but they have federal forfeiture funds that would pay for their overtime. As
for the take home vehicles if they do not have enough vehicles then they would not allow for
them to take them home. Commissioner Johnson inquired when their contact would come up
again. Police Chief Brown stated the end of 2011. Commissioner Wilsen stated that when she
read this she thought the additional officers would help in cutting down of overtime. Police
Chief Brown stated that the biggest expense for overtime is during the Holiday and City events
other then that they really do not have a big amount of overtime paid out. City Manager Frank
explained that in the first three years there will be some minimal cost but by the fourth year they
would have had nine man years paid for by the federal government. The City's total expenditure
would be in year four when they have to pay for two officers for one year. He further explained
after year four if the City chooses not to fund those officers they do not have to at that point.
Mayor Vandergrift, seconded by Commissioner Wilsen, moved for the approval of
three (3) Officers utilizing monies from the 2010 COPS Hiring Program Grant.
Motion carried 5 -0.
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December 7, 2010
13. Approval of Fountains West Lease Agreement. (Deputy Police Chief Goclon)
Fountains West Shopping Center (located at Ocoee Apopka Road and West Road) wishes to offer retail space to
the Ocoee Police Department for its officers to use as a non - staffed substation at the cost of $120 per year, plus
the actual cost of utilities. This 1440 square foot substation (located in unit #315 of the shopping center) would
allow officers to meet with citizens at the north end of the city, complete reports, make phone calls, and receive
faxes without having to travel too far from their patrol zones (as they would do if they responded to the main
headquarters building on Ocoee Commerce Parkway). The substation would be accessible to the officers on a
24 -hour a day basis. A lease agreement is required for liability purposes. Fountains West is managed by
OCOE, LLC out of Naples Florida and the lease agreement would be between OCOE, LLC and the City of
Ocoee Police Department.
Police Chief Brown explained that the Fountains West Management Team approached the
Police Department due to several crimes that have occurred in that area. They have offered to
lease them a retail office space for a cost of $120 per year plus utilities which would allow
officers to meet with citizens in the north end of the City. Commissioner Hood inquired what
the start up cost would be for office furniture and such for that space. City Manager Frank
stated he spoke with Police Chief Brown and they will have that equipment already. Mayor
Vandergrift inquired if there is any chance that some of that office space could be used to
organize Community Watches. Police Chief Brown stated that is a future plan but they are not
equipped to do that now. City Attorney Rosenthal stated the lease limits the use to a substation
for official police business so anything that goes outside the box of official police business
would require they go back to the landlord to address that.
Commissioner Hood, seconded by Commissioner Wilsen, moved to approve
Fountains West Lease Agreement. Motion carried 5 -0.
14. Approval of First Amendment to City of Ocoee /Colburn Development Agreement
Regarding Maine Street - (City Attorney Rosenthal)
City Attorney Rosenthal explained that the item had been distributed on the dais. He explained
the Colburn Development Agreement stating the City entered into the agreement with the
Colburn family in 1998 regarding the extension of Maine Street. One of the items was the
conveyance of certain park lands upon request of the city. With the RAM project Downtown
Ocoee now looking like it is moving forward, the City has been meeting with the Colburn
Family regarding the conveyance of the park site. Since 12 years had passed it required some
clean up with regard to the terms of the conveyance; other issues will come before the
Commission some time next year that will allow greater flexibility with the receipt of the land
that we have with the existing agreement. The Colburn Family plans to claim a charitable
donation and have asked if the city will sign a form; they have concluded the form is proper for
the city to sign with a provision that there is no warranty or representation from the city that
there is any deductibility on this. The IRS form we are signing does not state there is any. The
staff recommends approval. The legal description attached to the agreement will probably
change, but because there is no Commission meeting before the end of the year we will have to
substitute a new legal description based on a survey that is being obtained by the city.
Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve the
first amendment to the City of OcoeelColburn Development Agreement Regarding
Maine Street and allowing the legal description to be updated at the time of
completion of the survey. Motion carried 5 -0.
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City Commission Regular
December 7, 2010
Mayor Vandergrift asked about people stealing the bricks from the street and if we should
cover it up with dirt again to keep that from happening. City Attorney Rosenthal said after the
first of the year there will be a project coming to the commission with respect to the extension
and realignment of Maine Street which will be the appropriate time to discuss that.
I. STAFF ACTION ITEMS - None
J. COMMENTS FROM COMMISSIONERS
Commissioner Wilsen — None
Commissioner Johnson
After the passing of his father -in law, Former Commissioner Edward Pounds, Commissioner
Johnson offered special thanks for the police escort from Winter Garden to Woodlawn
cemetery. The commissioner also gave thanks to the City for the flowers. Commissioner
Johnson said that he did not realize that his father -in law had been a commissioner for sixteen
years. He proposed placing photos of former commissioners on the wall in the commission
chamber like the opposite wall which contains photos of past mayors. The commissioner said he
thinks that they need to recognize people who have served as commissioners. The Mayor
agreed. Commissioner Hood asked if City Manger Frank needed something from the
commission to get that going. City Manager Frank said that they can go ahead and do it;
getting the photos will be the hard part. The city manager continued by saying that they will have
to do something a little smaller [on the wall] since there are four times as many former
commissioners as there are former mayors.
Additionally, Commissioner Johnson introduced discussions about the Villages of Wesmere.
He said someone has to get the problem with flooding straightened out; the problems have gone
on for months now where they say they have the bond and are going to do something about it,
but they have not done anything.
Assistant City Manager Craig Shadrix said that there were several things going on with
Villages of Wesmere. One issue is that there is a PUD that has gone forward; which will seek to
build some single family homes in the new urbanist format. Also there are plans to round out the
development with similar townhomes. Mr. Shadrix said that there are also issues that go back to
when the original townhomes were instructed which include the drainage problem. Staff has
been working closely with several of the citizens and HOA members. As late as yesterday there
was an update sent out by City Engineer Wheeler to one of the Wesmere residents. Mr. Shadrix
continued that they have met with an engineer who represents the developer who has proposed a
solution to the drainage problem. City Engineer Wheeler has been out there and has looked at
the matter and commented on it. Staff is waiting on a revision before they take action.
Assistant City Manager Shadrix added that the City also holds (and the city attorney will be
more accurate on this) a significant amount of money that was bonded over to the City or it was
a letter of credit. Attorney Rosenthal said that the City has approximately half a million dollars
from a draw on a letter of credit. The developer is asking that a portion of those funds be
released. There is an escrow agreement that is circulating. The city attorney said that we told
Page 11 of 13
City Commission Regular
December 7, 2010
them that the likelihood of the commission voting to approve that without this problem being
solved was remote. Attorney Rosenthal said that we have also addressed that in the escrow
agreement. He continued by saying that we are not necessarily entitled to use those escrow
funds, however, to solve this problem. Commissioner Johnson asked what the money is for
then. It relates to the bonding connection with the subdivision improvements that were not
completed at the time of platting, the attorney responded. Commissioner Johnson asked if there
was a bond that covered the work on that project. Attorney Rosenthal said that the City
approved what was done. He added that whether or not the city is entitled to use those funds
would probably be a subject of debate. So the approach that has been taken, since they want to
get a substantial portion of the funds released, is the City has told them that they need to fix the
problem at their expense (this is not the original developer but the person that bought it from the
bank). Attorney Rosenthal said that the City been pretty firm in that regard, and that the
charges not be sent back to the residents of the subdivision which was also a concern.
The mayor sought clarification by asking if the City is now dealing with a secondary developer
that bought it. The attorney replied that it is more complicated than that. Attorney Rosenthal
went on to say that there was Morrison Homes and Royal Palms who were basically developing
the project. There was a letter of credit from Regions Bank the City drew on the letter of credit
over a year ago. How much money was that, the mayor asked? ACM Shadrix stated it was over
half a million dollars. The mayor asked what was done with money, to which ACM Shadrix said
it has been sitting in the City's accounts; it is not general fund money, but restricted purposes
under the original bond. Assistant City Manager Shadrix continued that Regions Bank then
foreclosed; they sold the paper to the original folks who sold to the people who did the
development. They now own it and are now selling to another developer who wants to get their
PUD approved. They have a closing which they are trying to have so they also know that they
are going to have some difficulty actually developing their property because they have a plan
that has to come back to the City for approval which will give the commission an opportunity.
ACM Shadrix said that staff has created lots and lots of hooks, though one would think that with
all these hooks, the problem would have been fixed. He said that staff is doing everything short
of litigation to fix the problem. Commissioner Johnson asked why the City does bonds if the
City cannot go back and fix anything. The problem happened back when they built it, the
commissioner added. ACM Shadrix replied that the City has their bond against the problems. It
was a specific identified list that was established at the time of the issuance of completion and
the drainage was not one of those issues. The commissioner responded that there should be
something in the City's ordinance that states that there is a way to do that. Like an umbrella,
Commissioner Hood added. Commissioner Johnson agreed.
Mayor Vandergrift asked what about the scope of the problem. ACM Shadrix said that the
scope of the problem is the insulation of some underdrains that run between the buildings. City
Engineer David Wheeler estimates it will take $35,000 to take care the problem. Staff has been
going back and forth for the past month but I think that we are pretty close to an agreement on
what has to be done. The developer's engineer says that they plan to take care of the problem.
ACM Shadrix commended Mr. Wheeler for being a good advocate for the residents because one
of the original proposals did not include the full scope of what some of the flooding entails. At
the pleasure of the commission Mr. Shadrix said he'd be happy to provide email documentation
through the city managers office on staff's progress with this and coordinate with the district
commissioner. Commissioner Johnson said what he would just like to see is the problem fixed.
Page 12 of 13
City Commission Regular
December 7, 2010
ACM Shadrix said it is well on its way. What their engineer came up with, we didn't feel like it
was enough, so we had to go back to them. The mayor suggested that the emails be forwarded to
staff.
Mayor Vandergrift asked if they approve the PUD will there be underdrain for them to take of
this problem. Part of the problem is that the field that they brought in originally contained alot of
clay. That's an issue that they will deal with through the site plan process since PUD is a zoning
process. The mayor asked who is taking care of the median near the school. ACM Shadrix said
that it is on a dedicated public road which was always the intent. Mayor Vandergrift said
public works needs to be contacted then.
ACM Shadrix said they will move forward and keep in contact with the commission about the
matters. Commission Wilsen said things don't always happen as fast as they would like, but she
is glad that there is action being taken.
Commissioner Johnson (cont) brought up the matter about of the speed limit at Maguire road
where the school is at and the county won't signs showing speed limit changes. We can look to
staff to installing electronic speed limit sign that changes during school zones. Commission
Hood said he thinks those signs should be placed at all school zones. He said he has seen some
for approximately $2000 that are solar or battery powered. He will send the information to
Public Works Director Krug. City Manager Frank said that they will look at acquiring them.
Commissioner Wilsen said some folks may not want it in their neighborhoods. Commissioner
Johnson said they would be on main roads. Further discussion ensued.
Commissioner Keller wished everyone happy holidays and safety. He reminded everyone to
help kids in need this year by donating unwrapped gifts to Operation Santa when it comes
through. Commissioner Wilsen added that they can also drop off items at City Hall.
Mayor Vandergrift made a comment about the cable television reception not working correctly
in City Hall. He wished everyone happy holidays.
ADJOURNMENT
The meeting was adjourned at 9:03 p.m.
APPROVED:
Attest: City of Ocoee
cugAst._
BethIikenberry, City Clerk'' S. Scott Vandergrift, Mayo
Page 13 of 13
The National Academy
The FBI National Academy is a professional course of study for U.S. and
r' international law enforcement leaders that serves to improve the
administration of justice in police departments and agencies at home and
r ,'�d %'„w; >\ \ , abroad and to raise law enforcement standards, knowledge, and
" cooperation worldwide.
P i;- 7./ p hi Its mission is "to support, promote, and enhance the personal and
f professional development of law enforcement leaders by preparing them
__-f` for complex, dynamic, and contemporary challenges through innovative
techniques, facilitating excellence in education and research, and forging
partnerships throughout the world." The NA is held at the FBI Academy located on the U.S.
Marine Corps Base at Quantico, VA, 35 miles south of Washington, D. C. The Academy
consists of a self- contained building complex that includes dormitories, classrooms, a
cafeteria, a library, computer labs, an auditorium, a gym and work out facilities, indoor
firearms range, laundry facilities, a post office, bank and offices. There are 4 NA sessions
each year, roughly corresponding to the seasons, Spring, Summer, Fall, and Winter. Winter
in Virginia (Jan through March) is generally characterized by lots of rain and some snow. .
Meals lodging at the Academy are also furnished to all students at no cost. Travel expenses
between place of assignment and the Academy are paid for or reimbursed for all domestic
municipal, county, and state officers.
Who Attends.
Leaders and managers of state and local police, sheriffs' departments, military police
organizations, and federal law enforcement agencies. Participation is by invitation only,
though a nomination process. Participants are drawn from every state in the union, from U.S.
territories, and from over 150 international partner nations.
The course of study.
For 10 classroom -hour weeks, four times a year, classes of some 250 officers take
undergraduate and /or graduate college courses at our Quantico, Virginia, campus in the
following areas: law, behavioral science, forensic science, understanding terrorism /terrorist
mindsets, leadership development, communication, and health /fitness. The curriculum, taught
by FBI teaching staff and other professional educators, focuses on leadership development
and emphasizes critical thinking. Officers participate in a wide range of leadership and
specialized training, and they share ideas, techniques, and experiences with each other,
creating lifelong partnerships that span state and national lines. Courses are accredited
through the University of Virginia and students have the opportunity of earning up to 19 units
of college credit. NA students are not charged for tuition, books, laundry, or equipment used.
Physical Fitness.
In both the first and final weeks at the Academy the student will be tested on the following
physical elements:
• Weight
• Blood Pressure
• Heart Rate
• Body Fat
• Flexibility
• Sit -Ups (Bent Leg 1 minute
• Push -ups
• 1.5 mile run, timed
The course schedule at the NA will include 2 -hour physical training classes held three times
during the week. The first hour consists of classroom instruction regarding nutrition and
health, followed by an hour of physical activity. Improving physical fitness and setting an
example as the agency leader is on the goals of the NA. i
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"The Yellow Brick Road"
Anyone who's attended the National Academy knows all about the "Yellow Brick
Road," the final (but optional) test of the fitness challenge. It consists of a 6.1 -mile
grueling run through a hilly, wooded trail built by the Marines. Along
Ir e ,fr
the way, the participants must climb over walls, run through creeks,
jump through simulated windows, scale rock faces with ropes, crawl
a ' under barbed wire in muddy water, maneuver across a cargo net,
and more. When (and if) the students complete this difficult test,
they receive an actual yellow brick to memorialize their
achievement. The course came to be known as the "Yellow Brick
Road" years ago, after the Marines placed yellow bricks at various
spots to show runners the way through the wooded trail. The overall
fitness challenge began at the National Academy in 1981 and has
. LI '' evolved over the years; we started awarding yellow bricks in 1988.
There is also a 34 mile swimming challenge in addition to the "Yellow Brick Road"
students can receive a "Blue Brick" for completing this challenge,
How long the National Academy been
in operation.... wrv.
Since July 29, 1935, with 23 students in . vi t T , ,
attendance. It was created in response to , It. -, ti: , - °"'�,
a 1930 study by the Wickersham _ t� xi .� � ;
Commission that recommended the - 4
standardization and professionalization of
the law enforcement departments across
the U.S. through centralized training. With
strong support from the International
Association of Chiefs of Police and with
the authority of Congress and the m . _ , . . ,; v . ,. .
Department of Justice, the "FBI Police
Training School" was born. Courses at
that time included scientific aids in crime detection, preparation of reports, criminal
investigation techniques, and administration and organization. With the advent of
World War II, courses were added in espionage and sabotage.
,92; =saps ; ries141
Executive Board: Post Office Box 953 Board Members:
Teresa Lemons, President Four N. Lakewood Avenue Vicki Raduenz, Immediate Past President
Mary Black, 1 Vice President Ocoee, Florida 34761 Cathy Sills
Mary Jane Antonov, 2 Vice President www.womansclubofocoee.org Jackie Titus
Sherrall Applegate, Corresponding Secretary Clubhouse Telephone Pauline Mathius
Joann Vann, Recording Secretary (407) 656 -7115
Barbara Milazzo, Treasurer
November 18, 2010
Mayor Scott Vandergrift
City of Ocoee
150 North Lakeshore Drive
Ocoee, FL 34761
Dear Mayor Vandergrift:
The GFWC Woman's Club of Ocoee is applying to the Florida Division of Historical
Resources 2012 Small Matching Historic Preservation Grants -In -Aid for the preservation
and restoration of our clubhouse. The GFWC Woman's Club of Ocoee building was
completed in 1938. The Woman's Club members and families have served the
community for many years. This represents innumerable volunteer hours on the part of
Club members and their families. Last year the members of the Woman's Club of Ocoee
contributed over 6,600 Community service hours. Hospitals, schools, churches,
committees and Community organizations benefited from the contribution of time from its
Skop- The GFWC Woman's Club of Ocoee "Restore Our Clubhouse" committee has been
working with Stephanie Ferrell, FAIA, Architect and Consultant in Historic Preservation
and Robert Howell of Restocon Corporation to discuss and prioritize the items needed to
restore our clubhouse so we can continue serving our community for many years to
come.
Top priority is our roof! Robert Howell, Restocon, states a TPO with Tapered Insulation
is recommended for longevity and will address our moisture concerns as well. His
estimate is as follows:
1) Remove and replace existing roof. Complete removal and replacement of the
existing Modified Bitumen roof membrane. It is currently holding water in very
large areas and the perimeter flashing is inadequate and a metal coping cap is
needed. The tapered insulation would create positive drainage. $17,000
2) Metal Coping Cap: Kynar Finish $ 4,800
3) The South elevation the exterior grade is higher than the building slab. There is
also a below grade area at the exit door on this side of the building. I would
recommend removing the slab in the door well, excavating the soil to the footing,
clean the area, install a fluid applied waterproof membrane and then install a
perforated drain pipe embedded in gravel to facilitate drainage. The pipe would
exist the soil in a location clear of the building structure. $ 2,850
Other projects on our wish list include:
1) Making one restroom ADA compliant
Saw
2) Refinish or replace existing cabinets
3) Paint the exterior of the building
4) Install new front awnings
As you can see, our venture for approval as a Historical site in the City of Ocoee, as well
as the need to restore our clubhouse through a matching Florida Grant is a huge
undertaking. We have the manpower and drive to accomplish all of the items listed
above, however we need your HELP! As part of our Grant Application process we need
letters of Support and Endorsement from our legislators, community leaders, civic
organizations and local citizens. I would appreciate your support with this requirement.
Your letter of support should be addressed as follows:
Mr. Scott Stroh, Director
Division of Historical Resources
Bureau of Historic Preservation
Grants & Education Section
500 South Bronough St.
Tallahassee, FL 32399
Additional monetary donations are also needed as this is a "Matching Grant ". If you are
able to help the GFWC Woman's Club of Ocoee become a historical and preserved site
in the City of Ocoee, your donation may be sent to:
Saw
GFWC Woman's Club of Ocoee
c/o Teresa Lemons, President
PO Box 953
Ocoee, FL 34761
Written Pledges committed to be paid by a donor over a defined period of time frame,
with a donor's signature, will be accepted as contributions to the required cash match.
Anonymous pledges will not be accepted as match contributions.
Our Grant Application deadline is December 15, 2010. Please copy me on your letters
of Support. I appreciate your time and attention to a project that is seeking preservation
of a Historical site in the City of Ocoee!
Sincerely,
Ogien
Teresa Lemons
President
Cc: Myra Kinnie, Historical Committee Chair