HomeMy WebLinkAbout10-15-13MINLJTF,S
October 15, 2013, at7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDE
Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission
Chambers of City Hall. Bishop Paul Waters gave the invocation, followed by the Pledge of
Allegiance to the Flag, led by Commissioner Keller. 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 Cookson, City Manager Frank, City Clerk Eikenberry
- -- -- - -- -- .... . . _ ...... . - - -- - -- - --
B. PRESENTATIO AND PRO CLAMATIONS
Proclamation - Red Ribbon Week - October 23 -31, 2013
Mayor Vandergrift proclaimed October 23 -31, 2013, as Red Ribbon Week.
Proclamation - Week of the Family - November 2 -9, 2013
Mayor Vandergrift proclaimed November 2 -9, 2013, as Week of the Family.
C. COMMENTS FROM CITIZ /PUBLIC - N one
— - -- - -- - ................... ._.... — - -- D S TAFF REPORTS AND AG ENDA REVIEW
City Manager Frank announced:
1) Item 45, Barkeritaville Annexation Ordinance, Rezoning to PUD /Land Use Plan Ordinance,
and Small Scale Comprehensive Plan Amendment -'the applicant has asked to continue this
item until the November 5, 2013, Commission Meeting.
2) Item #7, Approval of Resolution Allowing the Capital Trust Agency to Utilize the City's Tax
Equity and Fiscal Responsibility Act (TEFRA) hearing which was held June 18, 2013, for
Use in Securing Conduit Financing for All Sports Memory Care through Capital Trust
instead of the City -- "phis item has been presented to the Commission on the dais as Item 46,
however, the actual Item number is 7, and the cover sheet has been updated to reflect this
change.
3) there are two emergency items:
Emergency Item #1 Appointment of Alternate Hearing Officer for Red Light Camera
Violations Hearings.
City Attorney Cookson announced that the City would like to appoint an alternate hearing
officer for Red Light Running cases as the City's hearing officer, Fred Wilsen has taken ill.
He distributed the resume of Andrew J. Hand, attorney with Shepard, Smith & Cassady, PA,
and said that he is willing to contract for the same fee as offered to Fred Wilsen. The City
asks the Commission to appoint Andrew .1. Hand as the alternate hearing officer for Red
Light Running cases and execute the alternate hearing officer service agreement presented on
Regular City Commission
October 15, 2013
the dais. Commissioner Johnson recommended the service agreement for the alternate
hearing officer have a terra expiration of 90 days.
Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve
the appointment of Andrew J. Hand as alternate hearing officer for Red Light
Running cases, with a service agreement term expiration of 90 days. Motion
carried 5 -0.
Emergency Item #2 — Approval of Change Order No. 2 in the amount of $30, 672.33 for
Bid No. B13-03, which was awarded to C &D Construction, Inc. (Community Center
Project) by the City Comm ission i n February 2013.
City Manager Frank announced that Change Order No.1 for the Community Center Project
is on the consent agenda. Support Services Director Butler explained the initial change
order did not explicitly include the authority for the city manager to approve change orders up
to the limit of his purchasing agreement. Change Order No. 1 on the consent agenda approves
project changes in the arnount of $4,947.24, and grants the city manager the authority to
approve change orders up to $25,000. Change Order No. 2 (Emergency Item) includes
lighting for exterior spaces, an air fan for the kitchen exhaust fan, and to replace the original
small brick building identification sign and post - mounted clock with a 22 -foot clock tower.
These project changes amount to .$30, 672.33; therefore, requires commission approval.
Discussion ensued regarding the project's furnishings. external lighting, and paint colors.
Commissioner Johnson stated that upcoming improvements to the front of the Withers
Maguire house include putting pavers instead of the sidewalk and taking out the existing
hedges. He continued by saying the changes amount to approximately $3,500. Commissioner
Johnson asked that the fire symbol be removed from the front door and moved elsewhere as it
is not very appealing in wedding photos. Board discussion ensued regarding rental options
and marketing for the Community Centel, the anticipated opening date of the center is
November 21, 2013.
Commissioner Johnson, seconded by Commissioner Grogan, moved to
approve Change Order No. 2 in the amount of $30,672.33 for Bid No. B13 -03,
which was awarded to C &D Construction, Inc. by the City Commission in
February 2013 for the Community Center project. Motion carried 5 -0.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve
$3,500 from contingency for discussed improvements to the Withers Maguire
House, and authorizing staff to move forward with the change order. Motion
carried 5 -0.
Support Services Director Butler informed the commission that the projected completion
date for the some of the exterior improvements to the Withers Maguire House is November 1,
2013.
21 1- ��c
Regular City Commission
October 15, 2013
E. CO ANNOUNCEMENTS
Commissioner Keller — announced the City of Ocoee's Parks and Recreation Department will
hold its 6th annual Haunted House starting October 19th. The house is located at 951 Ocoee -
Apopka Road. This year's hours are Saturday October 19th from 7pm -I Ip, Thursday October
24th from 7 -10 PM and Friday & Saturday October 25th & 26th from 7 -11 PM. There will be a
hay ride, games and refreshments in addition to the Haunted House. The "Haunted Walk" is back
this year as well. Admission is $3.00 each for the house and for the walk. We encourage
everyone to bring non - perishable food items for the West Orange Christian Service Center.
Commissioner Johnson - announced: 1) the City of Ocoee's 20th Annual Founders Day
Festival will be held Friday. November 8th and Saturday, November 9th. This year's
entertainment will feature Montgomery Gentry, Good luck Penny and Spayed Koolie on Friday,
and Andy Griggs, Daryle Singletary, Mark Wills, Jerrod Neimann, and Travis Tritt on Saturday.
There will be Carnival Rides, Food Vendors, a "Chick- frl -A" 5K Race, Poker Run, Fireworks,
Marketplace Arts n' Crafts, Fishing "Tournament, Classic Car Show and much more. 2) the Parks
and Recreation Department will be hosting its monthly Food Truck Friday event on Friday,
October l 8th , from 6:00 to 9:00 pm, on Lakeshore Drive, in Bill Breeze Park. Food trucks will
be offering gourmet food and delectable treats, and the movie "Paranorman" will be shown
during the event; the movie will start at 7:30 p.m., so come out and enjoy a dinner and a movie in
the park.
Commissioner Wilsen — None
Commissioner Grogan — announced: 1) the Ocoee Police Department, in conjunction with the
City of Ocoee Founders' Day Festival Committee, will host the 12` Annual Founders' Day
Festival Charity Poker Run. This event will feature motorcycles, classic cars and hot rods',
driving to five locations to collect playing cards. 'The participant with the best poker hand at the
end of visiting the five locations wins. The proceeds from this event will benefit the City of
Ocoee Police Department's Holiday Toys for Kids in Need program. The event will kick off on
Saturday November 02, 2013. Registration will start at 9:30 A.M. at the Sandwich Shop located
at 1 113 S. Clarke Road Ocoee, FL. 34761. The ride will conclude at "The Bar", located at 1107
S. Clarke Road Ocoee, FL 34761. The cost will be $10 a participant and $5 dollars for each
additional hand. The first 100 participants will receive an event t- shirt. To register, make a
donation or to find out more about this event, contact Sgt. Scott Nylander of the Ocoee Police
Department at 407 - 905 -3160 ext. 3315 or at snylander °, i.ei.ococe.fl.us 2) the Founders' Day
Golf Tournament will be held on Friday, November 1, 2013, at the Forest Lake Golf Course.
Registration begins at 11:30 a.m., and play commences with a shotgun start around 12:30 p.rn.
Dinner, prizes and give -aways will follow the event. There is a $75 entry fee per person. For
more information about this event. contact David Wheeler at 407 -905 -3100 ext. 1504.
3 1:': ,t
Regular City Commission
October 15, 2013
F. C ONSENT AGENDA
Commissioner Keller, seconded by Commissioner Johnson, moved to approve
the Consent Agenda Items #1 through #4. Motion carried 5 -0.
1. Approval of Minutes for the Regular Commission Meeting Held October 1, 2013. (City
Clerk Eikenberry)
Approved on Consent. Motion Carried 5 -0.
2. Award of Bid 9813 -09 S. Lakewood Ave. & E. Geneva St. Water Main Project to Hazen
Construction LLC for $149,565.00. (Purchasing Agent Tolbert)
In conformance with the policies and procedures of the City of Ocoee (City), bids were solicited from qualified
contractors to furnish, deliver, and install all materials, equipment, incidentals, and services, including all labor,
for the work, which is generally described as the following: The Base Bid submitted will cover the work to
install 1,466 feet of 6" and 8" water lines including restoration, hydrants, valves, fittings, and appurtenances.
The bid was publicly advertised on August 4, 2013, and opened on September 5, 2013. There were a total of
eight (8) bids subritted. The Public Works and Finance Departments reviewed all bids received and there were
two (2) bids considered non - responsive for either failing to submit the required bid security on the required City
form with City terms, or submitting an incomplete bid, as there were numerous missing required forms, and
submitting a bid bond in the incorrect amount. The remaining six (6) responsive bids ranged frorn $149,565.00
to $217,000.00. Staff recommends awarding the bid to Hazen Construction LLC for $149,565.00 as the most
responsive and responsible bidder, per recommendation from Charles Smith, Utilities Director.
Approved on Consent. Motion Carried 5 -0.
3. Approval of Lake Roberts Basin Study. (City Engineer Wheeler)
There is a portion of the Lake Roberts drainage basin that lies to the east of SR 429 within the St. Johns River
Water Management District and more importantly, the City of Ocoee. This sub -basin area contains portions of
the Wesmere and Brookestone subdivisions and the vacant land to the northeast of the intersection of Roberson
and Windermere Roads which where three development projects are being proposed. Those developments are
All Sports Memory Care, Barkaritaville, and Chateau Reserve. Acceptance of this study by the City
Commission will have a positive impact on the amount of developable land for these parcels.
Approved on Consent. Motion Carried 5 -0.
4. Community Center Replacement Project - Approval of Change Order No. 1 in the
amount of $4,947.24 for Bid No. B13 -03, which was awarded to C &D Construction, Inc.
(Cocoa, FL) by the City Commission in February 2013.
The City Commission awarded Bid No. 1313-0.3 to C & D Construction, Inc., at a total price of $2,165,000.00
and modified the project budget to cover the construction contract plus a 5% contingency allowance, bringing
the total construction phase budget to $2,273,250. The currently available unencumbered funds are about
$55,000. The proposed changes will result in improvements to the originally design lighting for exterior and
interior spaces. The specific revisions are described in the change order.
The currently available budget remaining for this project is $55,334.82. After the change order is applied, the
remaining project funds will be $50,387.58.
Approved on Consent. Motion Carried 5 -0.
41
Regular City Commission
October 15, 2013
G. SECOND READ OF O RDINA N C ES — P UBLIC HEARINGS
5. Barkeritaville (763 Windermere Road). (Advertised in the Orlando Sentinel on
Thursday, October 3, 2013). (City Planner Rumer)
The subject property is located on the east side of Tomyn Boulevard, approximately 1,230 feet north of the
intersection of Roberson Road and Windermere/ Tomyn Boulevard. The applicant has requested a City of
Ocoee zoning designation of PUD (Planned Unit Development) Commercial.
This item was continued to a time certain of November 5, 2013, as follows:
a. Anne xation Ordinance
City Attorney Cookson read the title of the annexation ordinance. Mayor Vandergrift
opened the Public Hearing. This public hearing was continued to a time certain of
November 5, 2013 at 7:15 p.m. or as soon therea as can be heard.
F . Rezoning t o PUD /Land Use Plan O rdina nce
City Attorney Cookson read the title of the rezoning ordinance. Mayor Vandergrift
opened the Public Hearing. This public hearing was continued to a time certain of
November 5, 2013, at 7:15 p.m. or as soon thereafter as can be heard.
c. Small Scale Comprehensive P Amendment
City Attorney Cookson read the title of the comp plan amendment ordinance. Mayor
Pro Tem Keller opened the Public Hearing. This public hearing was continued to a time
certain of November 5, 2013, at 7:15 p.m. or as soon thereafter as can be heard.
H. PUBLI HEARI -
6. Approval of Resolution for Water and Sewer Refunding Revenue Note, Series 2013.
(Advertised in the Orlando Sentinel on Monday, October 7, 2013). (Finance Director
Horton)
The City issued bonds in 2003 to refund a portion of the Water and Sewer Revenue Bonds, Series 1993, and to
acquire, construct and reconstruct improvements to the City's water and sewer system. The bonds currently
have an outstanding principal balance of $12,095,000 with interest rates varying from 3.62% to 5.125 Staff
recommends we refund these bonds by issuing Water and Sewer System Refunding Revenue Note, Series 2013
to realize debt service savings.
SunTrust has committed to refund the bonds with a not to exceed amount of $12,500,000 They propose an
interest rate of 3.93% which will provide annual debt service savings of $76,000 to $81,000 for more than
$1,600,000 over the remaining life of the financing- fhe note will be a non -bank qualified tax exempt issue that
will mature on October 1. 2033.
City Attorney Cookson read the title of the resolution.
Mark Galvin, of First Southwest Company, Financial advisor to the City, stated that this
refinancing with save the city approximately $81,000 annually or 1.6 million over the life of the
bond. Mayor Vandergrift confirmed that this will not extend the loan, it will just save city
money. Misty Taylor from BMO Law Firm, was also present to answer questions.
Mayor Vandergrift, seconded by Commissioner Wilsen, moved to adopt
Resolution No. 2013 -015 approving the current refunding of the city's water and
sewer system refunding and improvement revenue bonds, series 2003, per staff
recommendations. Motion carried 5 -0.
5�m ,
Regular City Commission
October 15, 2013
L REGULAR AGENDA
7. Approval of Resolution Allowing the Capital Trust Agency to Utilize the City's Tax
Equity and Fiscal Responsibility Act (TEFRA) hearing which was held June 18, 2013,
for Use in Securing Conduit Financing for All Sports Memory Care through Capital
Trust instead of the City. (Assistant City Manager Shadrix)
On June 18, 2013, the City Commission held a public hearing pursuant to the Tax Equity and Fiscal
Responsibility Act (also called a 'TEFRA hearing) for the purpose of allowing Windermere Senior Living, LLC
to secure bonds via conduit financing for construction of a project in Ocoee known as All Sports Memory Care.
The City Commission adopted the TEFRA resolution which allowed the applicant to move forward in securing
an allocation from the statewide private activity bond volume cap, which was prior to the deadline of July I,
2013.
The applicant proceeded forward in good faith with an original intention of having the City of Ocoee act as the
issuer of the proposed conduit bonds; howevcr, terms could never be reached and the applicant is now prepared
to secure financing through the Capital Trust Agency, which is another legal public entity created duly under
the provisions of Chapter 163, Part l and 617 of the Florida Statutes. The proposed resolution allows the
TEFRA hearing held by the City of Ocoee to be used in obtaining conduit financing bonds from the Capital
Trust Agency, and rncrely ensures the compliance in securing the allocation the hearing allowed as they rnove
forward with securing the bonds.
Assistant City Manager Shadrix and Misty Taylor of 13MO 1 -,aw Office, the city's bond
counsel explained that the City held a TEFRA hearing when it was considering being the conduit
finance issuer for the All Sports Memory Care project. They stated that the developers have now
gone with a different issuer, Capital Trust, because the city was not comfortable with some of the
terms they were proposing. There will be another TEFRA hearing before the commission, but
the purpose of resolution is to allow Capital Trust to use the TEFRA hearing held by the City
of Ocoee a few months ago to move forward to obtain bonds.
J. ST AFF ACTION ITE
None
K. COMMEN F COMMISS
Commissioner Grogan — none
Commissioner Wilsen - none
Commissioner Johnson — none
Commissioner Keller reminded everyone to be careful when the kids are out and about for
Halloween.
Mayor Vandergrift- 1) noted that the east side of the building seems to be sinking more and
more. Public Works Director Krug said we have a new structural engineer looking at it and we
will hopefully have a proposal in the next i - ew months. The solution will probably be to remove
and replace the porch as opposed to shoring it up. 2) thanked Public Works Department Krug for
the Eagle Scout Project at the Ocoee Cemetery; trees were trimmed, forty bags of trash were
hauled away and many of the headstones were pressure cleaned. 3) said he is still interested in
getting rocking chairs on the porch he may purchase one himself and set up a program that
involved other people. Commissioner Johnson suggested that the steel benches in the gazebo
area be removed and used at City Hall and the lson Center and white folding chairs can be used
for weddings and other events at the gazebo since that is the preferred seating. Mayor
Vandergrift said this is old Florida, he does not want metal benches on the porch, but agreed the
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Regular City Commission
October 15, 2013
benches could be removed and used at other locations. Parks and Recreation Director Hayes
said they plan on purchasing white resin folding chairs because event planners have advised that
is what people want for weddings and other venues. Commissioner Wilsen asked if the grading
around the seating area at the gazebo can be fixed or railings installed because it is a steep edge
that people can fall off o£ Mr. Hayes advised that they did extend the bank to improve that
situation, but they will take another look at it.
Commissioner Johnson also added that he had a discussion with City Manager Frank about
how to tie the City Hall building in with the new Lakeshore Center. City Manager Frank said
we are looking at incorporating more brick into the city hall building, either brick base around
the whole building or just some on the columns. The city hall building needs to be painted as
well, so the intention is to paint both buildings the same color at the same time. 4) said he would
like to have the trees behind the porch removed because they ruin the panoramic view of the lake
and fountain. Commissioner Johnson said he would be in favor of trimming them way back
below the porch railing, but not removing them.
ADJOURNMENT
The meeting was adjourned at 8:35 p.m.
Attest:
B C
APPROVED:
City of Ocoee
S. Scott Vandergrift, Ma r