HomeMy WebLinkAboutItem #06 Residential Construction Demolition Debris Franchise Sb ,enter of Goo
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AGENDA ITEM COVER SHEET
Meeting Date: April 17, 2012
Item # kD
Reviewed By:
Contact Name: Stephen C. Krug Department Director: /
Contact Number: 6002 City Manager: .. /
/
Subject: Residential Construction Demolition Debris Franchise.
Background Summary:
On June 7, 2011, the City Commission unanimously approved proceeding with franchising the residential
construction demolition debris collection (C &D) within the City and directed staff to solicit 4 to 5 firms to
provide this service. Staff intends to proceed with a Request For Proposals (RFP) for the residential
C &D franchise based on previous Commission direction utilizing one of the following franchise fee
options:
1. Collect a percentage based franchise fee that is applied on top of the vendor's invoiced
residential C &D billings. A 20% fee is used in the City's Commercial Solid Waste Franchise.
2. Collect a flat fee for each time a container is collected (referred to as a "pull "). Based on the
current industry average cost per pull, a 20% fee would approximately equal $50 per pull.
Recent construction activity within the City utilizing both options would represent a annual revenue of
approximately $14,000. The potential for increased revenue will improve as new construction increases.
Option 1 would increase revenue as over all costs and frequency of pulls increased, where Option 2
would only increase revenue as the number of pulls increased.
Staff recommends proceeding with soliciting an RFP for the Residential C &D franchise utilizing a 20%
franchise fee structure applied to the collected vendor billings for the service.
Issue:
Request the City Commission to provide direction on the residential construction demolition debris
collection franchise fee structure within the City.
Recommendations
Recommend Commission direct Staff to proceed with implementing the residential construction
demolition debris collection franchise within the City by soliciting Requests For Proposals utilizing a 20%
franchise fee structure.
Attachments:
June 7, 2011 City of Ocoee Commission Minutes (See Item 8, Page 7).
Financial Impact:
The residential construction demolition debris collection franchise has the opportunity to provide the City
with an additional revenue stream.
Type of Item: (please mark with an `50
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
x Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. ` _,4 N/A
Reviewed by ( ) N/A
2
MINUTES
OCOEE CITY COMMISSION
June 7, 2011, 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. Commissioner Keller gave the invocation, followed by the Pledge of
Allegiance to the Flag, led by Commissioner Hood. 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
• Presentation - "2011 On the Move Award" to Parks and Recreation Director Hayes by Catt
Pisano with Orlando Broadway Arts.
• Mayor Vandergrift, Commissioners, staff, and audience members sang "Happy Birthday" to
Commissioner Keller.
• Presentation — Census 2010 Results; Voter Statistics and Redistricting
Orange County Supervisor of Elections (SOE) Mapping Department Supervisor Beverly
Willis gave a PowerPoint presentation that covered County Redistricting Elections, Re-
precincting, State & County Timeline, City Redistricting Elections, and Voter Turnout.
GIS Coordinator Mike O'Halloran gave a PowerPoint presentation explaining the commission
district population and deviations. He showed where some census blocks overlapped two
commission districts had to be split to correctly count the population in each commission district.
There was discussion regarding moving municipal elections to Super Tuesday (November
ballot). Discussion also ensued with regard to when a Districting Commission needed to be
formed. Ms. Willis explained that the City will probably be piggybacking off the SOE during
the Presidential Preference Primary election and everyone is having to chase that date because it
could take place anytime between the first Tuesday in January to the First Tuesday in March; a
date which will not be determined until October 1, 2011 by a committee that was formed. City
Clerk Eikenberry explained that in accordance with the Charter, the City is required to form a
2012 Districting Commission between November 15 — December 15, 2011. That Board would
create changes that would not go into effect until the 2013 election. If the Commission is not
comfortable with the deviations in the Districts as presented by GIS Analyst O'Halloran, then a
Districting Commission would have to be formed early to change the district boundaries on time
for the 2012 election. The SOE Office is requesting it is finalized by early fall, which will create
a very tight timeline. Mayor Vandergrift suggested they would have to appoint the board
before the second meeting in July.
Consensus of the Commission to move forward with a Districting Commission
earlier than required by the Charter in order to get the Commission Districts as
close to ideal population as possible for the upcoming election in 2012.
Mayor Vandergrift announced that all the Commissioners need to start thinking about who they
would like to appoint to a Districting Board and provide that information as soon as possible.
City of Ocoee - Document Management System
City Commission Regular
June 7, 2011
C. COMMENTS FROM CITIZENS/PUBLIC
Teresa Lemons, President of Woman's Club of Ocoee, stated that the Woman's Club and Lions
Club are attempting to be creative to put together an event to help them with their fundraising
opportunities. They would like to present their idea of Patriot's Day which would be held on
Saturday, September 10 from 9am -9pm. She explained that Patriot's Day would celebrate the
Veteran's in West Orange County and the men and women who continue to serve our country in
the armed forces. Patriots Day will also celebrate our freedom and remember the lives lost in 9-
11. Ms. Lemons further explained the tentative schedule of events to take place that day. She
stated they are just putting ideas out there and would like feedback before they continue with
application process. Ms. Lemons stated they would like city's support with advertising on
Ocoee TV as well as getting their event permit put through. Manor Vanderprift stated that
without obiection the city will cooperate in any way they can.
R. P. Monacky, 1820 Prairie Lake Blvd., inquired as to why he received a water analysis mail
out with a sample analysis date of 2008. He further stated he does not feel this is adequate and
that the latest report should have occurred at least in 2010. Utilities Director Smith clarified
that it is a regulatory requirement that they send out a report identifying any of the testing that
they do up to the previous time that they tested for. He further added the analysis Mr. Monacky
is referring to is dated with past years because those are things they never had incidents with so
they are not required to test it every year but they are still required to post the last time they
tested. Utilities Director Smith stated there are many other things they are required to test and
do sampling on so if he would like to meet with him in their office he would be glad to show him
all the other tests they do. Further discussion ensued regarding the water analysis required by the
State.
D. STAFF REPORTS AND AGENDA REVIEW
1) City Manager Frank announced there is an Emergency Item on the dais in front of them for
Change Order No. 1 with Atlantic Civil Construction Corporation for the amount $47,528.88
and to increase the project budget by $50,000.00. Consensus of the Commission to move
forward with that item at this time.
Emergency Item — Approval of Change Order No. 1 with Atlantic Civil Construction Corp.
for the amount of $47,528.88, and to Increase the Project Budget by $50,000.00 using
Funds from the City's Unallocated Contingency Budget. (CIP Manager Butler)
City Manager Frank said that there are several things they would like to add to the project
around the city hall improvements such as brick work and additional pavers for the Maguire
House. He stated this was originally written for use of $50,000.00 from contingency fund but
staff reconunends using allocation of $30,000.00 from contingency and $20,000.00 from the
stormwater fund. He stated any questions can be directed to CIP Manager Butler.
Commissioner Johnson stated he recalls that in the original contract they had already talked
about removing the small garage by the Maguire House. CIP Manager Butler stated it was in
the original contract when they went before the Commission but when they went out for bid they
City of Oco iDocucnt Management Syst4ftle 2
City Commission Regular
June 7, 2011
ended up not awarding that contract. When they re -bid it out during that time they were in the
middle of negotiations with the Historical Commission regarding some items they had stored in
the garage so they decided to not make it part of the project. The Historical Commission has
since moved all their items out which is why they can now remove it. He further explained that
they would like to enlarge an area under the oak trees between the Community Center and the
Maguire House with pavers which will be near the grape arbor so they can lease it out for
outdoor events such as a wedding or reception. This improvement would also allow for there to
be two events simultaneously; one at the gazebo and one by the Maguire House.
Mayor Vandergrift stated he has a problem with the addition of the electrical power connection
to support the Farmer's Market because he was under the impression that when the Farmer's
Market moved they would be down by the lake front where they wouldn't have to add power.
CIP Manager Butler stated that the only thing on this staff report that relates to the electric
power and Farmer's Market is the 35ft. pole that they are going to be able to use so that they
have flood lights to light up the area where they have the movie in the park. This flood light
would be turned on when the movie is over. Florida Energy had a pole there but they did not
allow switches and light fixtures on their pole.
Commissioner Johnson, seconded by Commissioner Hood, moved to approve
change Order No.1 with Atlantic Civil Construction Corp. for the amount of
$47,528.88, and to increase the prolect budget by $50,000.00 using funds from the
city's unallocated contingency fund. Motion carried 5 -0.
City Manager Frank continued:
2) The 85 Annual Florida League of Cities Conference is August 11 — 13, 2011, in Orlando
and they will need to have a voting delegate appointed from the Commission. He further
stated that if anyone is planning on attending they just need them to be assigned at this time.
Mayor Vandergrift stated without objection Commissioner WiIsen will be the
voting delegate.
3) Several classes are being offered by the Ocoee Police Department: a) Handgun Safety Class
on Saturday, June 18 from 8am -lpm, b) S.A.F.E. classes are being offered on Wednesday,
June 29 from 6pm -9pm. This is a free, one time, three hour presentation on self - defense
and safety awareness. Must be at least 13 years of age to attend, c) Boater Safety Class on
Saturday, June 25 from l0am -2pm held at Ocoee City Hall. Must be 14 years of age to
attend this class, and d) Teen Police Academy is scheduled from July 11 -15 from l0am-
lpm for ages 13 to 18. If interested in any of these classes please contact Officer Teddy
Levin at 407 - 905 -3160 ext. 3024
4) City of Ocoee Farmer's Market is now located at the Bill Breeze Park and is open every
Friday from 3pm -8pm. Immediately following the Farmer's Market is the movie "True Grit"
to be held on the lawn area starting at 7:30pm and admission is free.
5) Utilities Department held a very successful Rain Barrel Workshop last Saturday with 30
registered participants taking part.
Mayor Vandergrift inquired if these items have been put on the website and if press releases
have been done on this. Commissioner Wilsen stated that the Rain Barrel Workshop was
advertised on the water bill. Utilities Director Smith stated that they do have public
announcements for their Rain Barrel Seminar as well as putting the information in the water
City of a • age 3 --
City Commission Regular
June 7, 2011
bills. He stated it is a very successful program and they always have to turn away residents away
from the event. Utilities Director Smith stated they have actually worked out a policy to allow
residents who have not gotten a chance to get in before those who try to duplicate the program.
Next Rain Barrel Workshop is August 4 and they are already about halfway filled with that one.
6) City Attorney Rosenthal discussed the litigation on the Red Light Camera Ordinance and
the Case of Arthur Moen vs. the City of Ocoee. He further stated the city's insurance carrier
has provided them with a defense in connection with that case and there has been a tentative
settlement reached between ATS and the plaintiff's counsel in the case. City Attorney
Rosenthal stated they have been working with their special counsel on this and they are
hoping that sometime prior to the next Commission meeting they can hold a closed session
hearing. ATS has advised them that the deadline for a response from the city is June 24th. If
it works their preference would be to have a 6:15 p.m. meeting on June 21st before the
regular meeting.
7) City Manager Frank stated that Assistant City Manager Shadrix would like to give a brief
demonstration on the city's new permit system (SAGE) and was inquiring if they would like
to have him present it now or at the next meeting. Mayor Vandergrift stated if he could wait
then he can present at the end of the meeting.
E. COMMISSIONERS ANNOUNCEMENTS
Cant — 1) Representative Bryan Nelson has a Legislative Meeting tomorrow at
City Hall from 5pm -8pm. 2) announced tomorrow is the end of school so please drive carefully
since children will be out on summer vacation.
Ce - .. - ..,- : — None
Corgi: }!lon — Movie being shown "True Grit" is the newer version and not the
original movie with John Wayne.
Como lE d — 1) Congratulated Steve Marbais with Marbais Enterprise for 25 years of
being in business. 2) announced Hackney Prairie Relief Elementary School County Meeting is
June 20 at 6:30pm at the Evan's 9 Grade Center. Commissioner Keller and Mayor Vandergrift
stated they would also be attending this meeting. It was decided that this meeting should be
noticed with one or more commissioner present. 3) announced Little League season is over but
they are in a top team tournament and their minors will be in a championship game. First game
is Wednesday night at Winter Garden at 6pm. The seniors are playing in the semi -fmals tonight
at 6pm. 4) lastly, thanked Steve Krug for a great job on work he had done in his district.
Mayes V it! i — 1) announced there is a new business opening up in town named
Papagios' Pizzeria at 3036 Moore Road in Ocoee. He was at the ribbon cutting and the
restaurant layout is really nice and he encourages residents to support our local business in town.
F. CONSENT AGENDA
Commissioner Wilson, seconded by Commissioner Hood. moved to approve the
Consent Agenda Items #1 through #6, with Item #7 being pulled to be considered
separately. Motion carried 5-0.
. tPage 4
City of Ocoee - DuLum rat Wienidgeriterit. Sy — —
City Commission Regular
June 7, 2011
1. Approval of Minutes for the Regular Commission Meeting Held May 17, 2011. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 5 - 0.
2. Approval of Board Member Removal from the Human Relations Diversity Board.
(City Clerk Eikenberry)
Maria Irizarry was appointed to the Human Relations Diversity Board in July 2010. Since her appointment to the
Board her attendance has been substantially low; she has not attended any of the monthly meetings in the current
year.
On May 5, 2011, the Board made a motion to send a letter to members with low attendance giving them a deadline
for response of May 23, 2011, at which time if the Clerk's Office had not been contacted they recommended moving
forward with removal of said members via the City Commission.
Approved on Consent. Motion carried 5 -0.
3. Reappointments to the Code Enforcement Board. (City Clerk Eikenberry)
The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board is to
review infractions of the City technical codes, negotiate compliance and impose fines for failure to comply. The
Code Enforcement Board is to have seven (7) regular members and two (2) alternate members, all with three year
terms. There are currently no applications on file.
The three -year terms of Robert Godek and Michael Godek will expire in June. Both of these members have
indicated they are willing to serve another term, if reappointed.
Approved on Consent. Motion carried 5-0.
4. Approval of Intent to Annex for Water Service for Homes In Partnership Properties at
102 10th Avenue and 103, 109, 115, 150, 200, and 214 11th Avenue. (City Engineer
Wheeler)
Homes In Partnership, Inc. (HIP, Inc.), who owns the properties at 102 10 Avenue and 103, 109, 115, 150, 200,
and 214 11 Avenue, approached the City for utility service. The properties were platted as part of the North Ocoee
Addition No. 2 and are undeveloped at this time. HIP, Inc. plans to build single family residences on the seven lots
and wants to connect to Ocoee's water system. The properties are currently within unincorporated Orange County
and are not contiguous to the City Limits. However the properties are inside the City's JPA boundary, Water &
Sewer Territorial Boundary, and City Limits. Therefore, this is just an Intent to Annex for Water Service at this
time.
Approved on Consent. Motion carried 5 -0.
5. Award of RFQ #1103 Continuing Contract for Transportation Planning Consulting
Services. (Purchasing Agent Tolbert)
The City's continuing contract for transportation planning consulting services has expired. In compliance with
policies and procedures of the City of Ocoee Purchasing Code Chapter 21, a Request for Qualifications (RFQ) was
advertised with the intention to award continuing contracts for transportation planning consulting services. Staff
recommends that the City Commission award the Continuing Contracts for RFQ #1103 to Renaissance Planning
Group and Cape Dresser & McKee Inc., as the top two (2) short- listed forms. Funding will come from proposed
Transportation Planning Budget of $8,800 for FY 2011 -12, if approved.
Approved on Consent. Motion carried 5 -0.
City of (glue5
City Commission Regular
June 7, 2011
6. Award of RFQ #11 -006 Term Contract for Wheeled Refuse Containers. (Purchasing
Agent Tolbert)
The City has been using Otto Environmental since their bid was awarded in 1995. The City's term contract for
wheeled refuse containers has expired. In compliance with policies and procedures of the City of Ocoee Purchasing
Code Chapter 21, a Request for Proposals (RFP) was advertised to procure the containers. Containers will be
ordered on an as needed basis. Staff recommends that the City Commission award the term contract for RFP #11-
006 to Otto Environmental Systems (NC) LLC in the amount of unit prices proposed. Funding for containers is part
of the annual budgeted amount of approximately $30,000.00.
Approved on Consent. Motion carried 5 -0.
7. Approval of Traffic Calming Speed Table Construction. (Public Works Director Krug)
The City has determined that there are five (5) justified locations for traffic calming speed tables based on two
requests submitted in early 2010. The traffic studies would justify installing two (2) on Montgomery Avenue north
of White Rd. between the entrances of Veronica Circle, and three (3) on Russell Drive. The City solicited pricing
from the Continuing Services Contractors with a lowest responsive bid of $28,750.00. The traffic calming budget
has $25,000.00 available based on $20,000.00 in this year's budget and $5,000.00 carried forward from last year's
budget. Public Works is requesting the additional $3,750.00 required to complete this work in its entirety be
allocated by the Commission from the contingency fund.
Commissioner Keller stated that there were talks with Sawmill about putting in two speed
tables for traffic calming when they do the construction in that area and he was wondering if
those were included in the recent bid. Public Works Director Krug stated that they received
pricing on the speed tables when they solicited the pricing for the five being requested for
approval this evening and they were $5,750.00 /each. The bids for the resurfacing projects at
Sawmill and Forest Oaks were opened this morning and it is a little bit over the budget, so he
will have to find funding for the two additional speed tables at Sawmill. They didn't include
those in the general bid tonight because it is all specialty work. Public Works Director Krug
stated they will with the award for the roadway reconstruction on Sawmill bring back some type
of proposal to cover the speed tables. Commissioner Keller stated he is concerned because Lady
Avenue already has a round -a -bout and they are now going to put another calming device there
while he is still just trying to get one in Sawmill. Commissioner Hood stated that he has two
speed tables assigned for Russell Drive and further added that he has several streets that need to
be resurfaced on the north end. Public Works Director Krug stated he understands and will
take that into account for next year. He stated at the time the roads they are looking to resurface
is Prairie Lake Blvd., Sawmill, and Columbus Ave between Bluford and Lakewood.
Commissioner Hood stated he would like to cover his area in the next budget meetings and
further inquired as to when those meeting would take place. City Manager Frank stated they
can be discussed at the budget workshops; we should be setting the dates for those soon.
Commissioner Keller stated that one of the things he would like to look into is seeing if they
can put a small amount of money aside each year for each of the districts for road improvement.
He stated it has been at least 21 years since they have done anything in Sawmill and it is just as
bad in other locations as well. Public Works Director Krug stated he will complement the city
because this commission has been more proactive then most municipalities locally in addressing
the road issues.
Mayor Vandergrift commented that he takes exception to Sawmill not having received
anything since he has served as Mayor because they did get stripes on the road as well as stop
signs which they thought would help the traffic but unfortunately didn't. He further stated that if
the HOA believes the speed tables is an urgent thing then they should get with the State to see if
City of Ocoee - Document Management st e 6
City Commission Regular
June 7, 2011
they can advance the money subject to getting reimbursed in the future. Commissioner Keller
stated he has spoken with the HOA's regarding getting some type of joint agreement where they
could split the cost. Mayor Vandergrift commented that Montgomery Avenue north as far as
he knows has no houses present where he wants to put the speed tables. Public Works Director
Krug stated that both situations have safety issues and a petition was signed by the two
surrounding neighborhoods along Montgomery Avenue north and they obtained enough
signatures to make the application.
R.P Monacky, 1820 Prairie Lake Blvd. inquired if this item has to do with resurfacing of Prairie
Lake Blvd. and further commented that he feels that the road could wait to be resurfaced. Public
Works Director Krug explained that the base is starting to fail on Prairie Lake Blvd. and if they
do not take care of it now it will cost more later on down the road.
Commissioner Keller, seconded by Commissioner Hood, moved to approve the
traffic calming speed table list recommended by staff which includes moving
$3750.00 from the contingency fund to cover entire costs: also adding two speed
tables for Sawmill at a cost of $11,500.00 to be paid out of contingency funds.
Motion carried 5-0.
Recess — 8:57 p.m. — 9:06 p.m.
G. PUBLIC HEARINGS
8. Approval of Potential Solid Waste Collection Changes within the City Limits for
Residential Construction Demolition Debris. (Advertised in the Orlando Sentinel on Sunday, May
22, 2011). (Public Works Director Krug)
The City currently has a commercial franchise for the collection and disposal of the debris from commercial
establishments within the City Limits. The City is considering establishment of a residential construction and
demolition debris (C & D) franchise for debris in sufficient quantities to require the use of a roll -off or similar on-
site storage container as provided for under Chapter 143 of Ocoee City Code. Currently, residential C & D services
are not part of the commercial franchise and are not regulated by the City.
Public Works Director Krug stated he was asked by the Commission earlier in the year to
bring this before them. This item is for residential construction and demolition debris
franchising. They followed the state's requirement of the statutes and have sent out a 45 day
notice for a public hearing that the city would like to enter into a franchise agreement(s) for this
service. Staff's recommendation is to proceed with the franchise but they cannot guarantee how
much money will be coming in because it is dependent on new construction market.
Recommendation is to go out for solicitation for 4 -5 firms to provide this service which would
take effect 3 years from now.
Mayor Vandergrift opened the public hearing. As no one wished to speak the public hearing
was closed.
Mayor Vandergrift, seconded by Commissioner Keller, moved to approve the
potential solid waste collection changes within the city limits for residential
construction demolition debris. Motion carried 5 -0.
Item #10 was heard prior to Item #9
City of Ocoee - Document ivianagement Syst s e 7 — — — --
City Commission Regular
June 7, 2011
H. REGULAR AGENDA
9. Approval of Code Enforcement Reduction of Fine/Lien for William H. Winseman III -
Located at 2702 Coventry Lane. (Deputy Fire Chief Stanley)
Ms. Judy Huff (Realtor) from Watson Realty, representing Mr. William H. Winseman III, is requesting a reduction
of fine/lien of $13,600.00 plus $429.38 administrative cost totaling $14,029.38. On May 24, 2011, the Code
Enforcement Board considered the request for a lien reduction and recommends reducing the total fine lien to
$4,029.38.
Fire Chief McNeil introduced the item before them is stated the Code Enforcement
recommendation for reduction of fine is $4,029.38.
Bill Winseman stated that he left town in February of 2010 at the advised of his doctors and
therapist that he needed to leave Ocoee to deal with a tragedy in his life. The house has fallen
into disrepair. Today there is a contract for a short sale and the bank has approved the offer but
will not pay the lien. Mr. Winseman appreciates the reduction of lien recommended by the Code
Enforcement board and stated if the Commission can further lower it he would greatly appreciate
it. He had been an active member of the community for 20 years before circumstances caused
him to leave the city. He said it makes him happy to sit here tonight at the Commission meeting
to see the kids dancing, and discussions about the kids ball teams and the Maguire House, etc.
and find the city is doing so well. Realtor, Ms. Judy Huff of Watson Realty, briefly explained
the process and that the bank is not agreeing to pay any amount of lien that cost will be borne by
Mr. Winseman. This home is listed for $85,000 and the current offer is a cash offer and it is the
highest offer they have had on the property. This property does not qualify for a loan; it has to be
a cash offer.
Manor Vandergrift, seconded by Commissioner Johnson, moved to reduce the
fine to staff costs of $429.38, payable within 30 days or it reverts back to the
original lien. Motion carried 5 -0.
10. Approval for Use of the Withers- Maguire House as a Public Meeting Facility and
Museum. (CIP Manager Butler)
The City of Ocoee acquired the historic Withers - Maguire House on March 27, 1984, from Ademar Enterprises,
which had planned to convert the former residence to a business facility. Since acquiring the property, the City of
Ocoee has spent several hundred thousand dollars on maintenance and mechanical rehabilitation, such as air
conditioning and roof replacement. Two State grants totaling about $300,000 were received by the City in 1991 and
1994 for purposes of rehabilitation and preservation of the structure. Those grants imposed restrictions on the use of
the property for a 10 -year period that expired in 2004. As a result of those restrictions, the City entered into a
management agreement with the Ocoee Historical Commission, which undertook management of the house and
historical artifacts stored and displayed in the house beginning on November 7, 1995. The agreement, amended on
March 5, 1996, designates the Ocoee Historical Commission as collection curator and museum operator.
City staff and the Ocoee Historical Commission have met over the last few months and jointly determined that the
property needs to be put to fuller use in order to resume its historical role as a community facility that is part of
Ocoee daily life. Limiting its use to that of a museum is not meeting this need. Accordingly, it is proposed that the
house be used for public meetings and rented for use by private parties to conduct small events, like weddings,
receptions, and club meetings.
CIP Manager Butler explained that the Withers - Maguire House was acquired by the City in
1984 and put on the National Registry in 1987. He said in the past we have received two state
grants (totaling about $300,000) in 1991 and 1994 to do some reconstruction and preservation.
City of Ocoee - Document Management Syst 8e 8
• City Commission Regular
June 7, 2011
Item #10 continued
The City also spent some money to replace the air conditioning and roof. As a result of the
grants in the mid -1990s we entered into a Management Agreement with the Ocoee Historical
Commission where they undertook management of the building and the property inside and
serving as curator of the collection of items inside. It is a lengthy agreement that precludes the
use of the facility for anything other than a museum. The restriction of this contract expired in
2004 and we have been looking at this building as a more viable part of the community. If it is
going to be a symbol of the community, it is something that people should use and not just look
at. It is proposed that the house be used for public meetings and rented for use by private parties
to conduct small events, like weddings, receptions, and club meetings. Renovations need to be
made to make the building handicap compliant such as a handicapped restroom on the first floor.
The kitchen would need to have a refrigerator, stove, and dishwasher if we are going to rent it
out for dining events. We also need outside storage for folding tables and chairs; we will need a
replacement facility once we tear down the garage. We need to fmd a way to protect and
preserve the historical items, including furniture, from those who may rent. There are fire safety
issues such as smoke detectors, fire alarms, and a rear emergency exit. He would like to include
some contingency funds for new flooring; it is a bit bouncy in some places. The Parks and
Recreation would manage the facility and the rentals of the facility; the Historical Commission
would still manage the collection and serve as curator for the collections and artifacts inside. We
would need to terminate existing management agreement and create a new one. We will put
together a budget item with a wish list to be considered for next year's budget. We cannot rent
the facility until we put in handicapped accessible restroom on the first floor at a cost of
approximately $15,000.
Alita Huff- Mikiton of the Historical Commission stated they are very excited about this project
and they are optimistic everyone will benefit and the Wither - Maguire House now has
opportunity to become a star. She is excited about the upgrades, but still has concerns; the last
kitchen renovation was done by long -time resident of the house Lillian Maguire. The same
sentiments were for the garage, as it was done in the same era as the kitchen. If they need to be
replaced, she would like to see it go back to the turn-of -the- century style such as a barn. She was
a strong presence in the community and changing it significantly would be a disservice to her.
She said, if they had everything on their wish list, the vision would be to have a stand -alone
building in the back of the house with climate control, office, and restroom and could be used to
move and store furniture and other items for event staging. The collection of fragile items such
as textiles, furniture, rugs, they could remove during wedding season. They would like to have a
wedding season for four months where items could be removed, areas of the house would be
protected, etc., and it could all be put back at the end of the four month season. She said they
would like to have flexible gaskets put in all the windows to increase the efficiency of the air
conditioners and eliminate a lot of the rattling noise that they make. They would like to limit
photography, particularly of certain item inside the home. Having expressed concerns, she
reiterated that they Historical Commission are very happy to move forward with this and they are
eager to work with Mr. Butler on making this happen. She thinks the $100,000 budget will
probably need to be expanded.
City of Ocoee - Document l an rgerrient Syst4fte 9
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June 7, 2011
Mayor Vandergrift stated this is a National Historic Museum and his question is would they be
able to make the upgrades we are talking about without jeopardizing our National Historic
Building designation. Mr. Butler stated there are other cities such as Mount Dora, Leesburg, etc.
and found they can set up guidelines that would allow modifications in those areas that were not
part of the criteria in determining the historical significance. Mayor Vandergrift inquired about
facility management. Mr. Butler said they are not changing the Historical Commission's
present roll, they will just be adding a layer of management from the City to handle the events
and rentals of the property.
CIP Manager Butler said they staff recommends that Commission gives direction to terminate
the agreement in 30 days and craft a new agreement that will put in place guidelines for utilizing
some of the structure for events; to look at marketing of such rental events; and strengthen the
role of the Historical Commission as curators.
Mayor Vanderarift moved to approve the motion as stated by staff.
Commissioner Johnson seconded. Discussion ensued.
City Attorney Rosenthal stated that there is a notice of termination required in the current
contract, so the termination effective date, if approved, would be November 7, 2011. Mr. Butler
stated we want to go ahead and terminate it now so all the plans and agreements will be in place
and budget decisions will be made.
Commissioner Johnson said he wants to have a commission workshop with regard to this whole
area, which would include expansion of the community center. The kitchen could be expanded
in the community center and the one in the Maguire House could be left alone. This area on the
lake is one of our best places, and this area could be planned where there could be two or three
functions going on simultaneously, similar to Leu Gardens. We would like to have a facility
residents want to rent for events as opposed to going outside of the city. Commissioner Keller
agreed with Commissioner Johnson that the kitchen in the Maguire House should not be
changed. Commissioner Hood clarified that CIP Manager Butler will be bringing a budget
forward. Mr. Butler stated he would have several options for moving forward with the same
plans but on different timelines depending on how quickly they wanted to get this done.
After the discussion, a vote was taken to terminate the current agreement and
write a new agreement and to hold a workshop within 60 days to discuss
renovations to the entire area which would include the community center. Motion
carried 5-0
Mayor Vandergrift added that staff needs to take a look at the sign in front of the Withers
Maguire House; it needs to be replaced. City Manager Frank asked if the money should come
from the contingency fund. The Mayor said to
I. STAFF ACTION ITEMS
None
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City Commission Regular
June 7, 2011
J. COMMENTS FROM COMMISSIONERS
Commissioner Hood — 1) thanked Public Works Director Krug and his crew for the work they
did out at the High School; everyone is appreciative of the results. 2) he asked residents to
support the Minor Angels, playing in Winter Garden for the District 14 championship. Game
takes place Wednesday, June 8, 2011, at 6:00 p.m.
Commissioner Wilsen — 1) they met last month at the Tri- county League of Cities, and last
month Ocoee had a great showing and came home with the traveling trophy award 2) the Ocoee
Bulldogs had Spirit Night at Chick -Fila tonight; she stopped by the event and she hopes they
were successful in raising a lot of money.
Commissioner Johnson — 1) inquired about signs at the entrance of the city. City Manager
Frank said he would have Public Works Director Krug address that at the next meeting.
2) reminded the Commission that he wants to have a Commission Workshop with regard to the
overall planning for the Community Center.
Commissioner Keller — 1) Hackney Prairie Elementary a)announced that a fax has been
placed into the record that was received by Lindsey Asayand regarding the Hackney Prairie
Elementary School and the possible opening of Rich Drive at Hackney Prairie. At the Mayor's
suggestion, it will be placed in the record to ensure that it is part of the Public Hearing on this
issue. b) thanked staff for all their research on the gate at Rich Drive in the Forest Oaks
subdivision. He said they found that it appears it was not intended to be an emergency gate only,
it was supposed to come down when the road was paved. He would like to find out what we can
do to keep the gate in place or make it an emergency gate. He asked what needs to be down to
move toward that goal, do we need an ordinance? c) asked if the Tri- county Agreement with
Orange County and OCPS paying for the road improvements will force us to open that gate if
once the changes are made. Where do we stand legally on that issue? d) said one of the notices
stated that it was part of the city's Comp Plan; does that mean we need state approval to make
changes? e) asked about the timeline, can we re -close the road as soon as they are done with
construction improvements so that it is never really open to regular traffic? He said he was not
looking for a lot of discussion with commission on it tonight, but he wanted it on the record
because he will be discussing the issues with staff and legal counsel.
Mayor Vandergrift — None
ADJOURNMENT
The meeting was adjourned at 9:50 p.m.
APPROVED:
Attest: City of Ocoee ' lb. ( OL"r.
et Eikenberry, City Clerk S. Scott Vandergrift, Mayor\
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