HomeMy WebLinkAbout11-19-13MINUTES
November 19, 2013
EXECUTIVE SESSION at 6:15 p.m.
REGULAR CITY COMMISSION MEETING at 7:15 P.M.
CALL TO ORDER – Executive Session - Pospeich Contracting, Inc. v. the City of
Ocoee.
Mayor Vandergrift called the special session to order at 6:23 p.ni. in the Commission Chambers
of City Hall. In compliance with Section 286.011(8), Florida Statutes, the Ocoee City
Commission will meet in a Special Session for an attorney - client meeting to discuss settlement
negotiations relating to the following litigation matter: Case No. 2012 -CA- 011084-0 Pospeich
Contracting, Inc. v. the City of Ocoee. Present will be Mayor Vandergrift, Commissioner
Grogan, Commissioner Wilsen, Commissioner Johnson, Commissioner Keller, City Manager Rob
Frank, City Attorney Scott Cookson, Litigation Attorney Stephen McDonald, our court reporter
and no others. The session will commence at an open meeting. The attorney -client portion of the
session is not open to the public. At the conclusion of the attorney client- portion of the meeting,
the public meeting will be reopened. Because of the delay of the court reporter, he advised there
would be a recess the Special Session until 8:00 p.m. or shortly thereafter. This Special Session is
now recessed at 6:25 p.m.
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 Wilsen. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson, and Commissioner Keller.
Also Present: City Attorney Cookson, City Manager Frank, City Clerk Eikenberry
-- — - - -- ------- - - - - --
B. PRESENTATIO AND PR
Parks and Recreation Advisory Board Member .lane Rainer said she was fortunate to work
Founder's Day and noticed that there were quite a few bicyclists who attended. She inquired
about having bike racks installed at Bill Breeze Park since she realized those bicyclist had
nowhere to park their bikes. Ms. Rainer said she felt putting bike racks would help create a
bicycle friendly City. Mayor Vandergrift said without objection he would like for staff
to look into the bike racks and bring back information.
Presentation of Officer of the 3 rd Quarter to Police Officer Eric Edwards
CACOPD Vice Chair Laney presented Officer Eric Edwards with an award for Officer of the
3 rd Quarter for his work above and beyond his duties. She briefly shared several stories that
showcased why the CACOPD Board chose to recognize Officer Edwards.
Presentation of Completion Award to Commissioner John Grogan for Successfully
Completinj4 the Institute of Elected Municipal Officials held October 11 -13, 2013
Regular Commission Meeting
November 19, 2013
Mayor Vandergrift and the Commission congratulated and presented Commissioner Grogan
with an award for completing his courses at the Institute for Elected Municipal Officials in
Tampa, Florida. Commissioner Johnson also presented Commissioner Grogan a "City leader in
training" t- shirt.
Mayor Vandergrift recognized Scout Master Greg Bale and Troop #67 who is present tonight
to receive their badge in "Communication Merit".
Curtis Deen & David Franklin with C &D Construction, contractors for the Lakeshore
Community Center, were before the commission to discuss some issues they have had on the
project. They are not finished with the building and are in a situation where the liquidated
damages are $2.000 per day. They both briefly explained some design issues such as the
structural plans did not match the architectural plans, as well as, some unforeseen circumstances
which they felt were not C &D's fault. City Attorney Cookson inquired when the liquidated
damages started and when they thought they would be completed with the center. It was
answered that liquidated damages started on November I" and they could be completed with the
center before Christmas.
Commissioner Grogan inquired if the event center had. any obligations or was scheduled to be
rented out. Support Services Director Butler said they had three events for the City that were
going to be held their but all three events had to be relocated. There were some outside parties
who were also interested in renting the facility in early December but they had to defer those.
Mr. Butler shared that the contractor overall has done a good job and the craftsmanship is said
to be one of the best for a commercial institutional building.
After a lengthy discussion regarding the architectural drawings and the estimated time of
unforeseen circumstances that set the contractor behind, the Mayor said without objection
he would like a group created to include the contractors, architects, and city
representatives (City Manager Frank, Commissioner Johnson, and Support
Services Director Butler) to meet and iron out the penalties. He further said he
would like for the meeting to be posted in case more than one commissioner is
present. Mayor Vandergrift said he would like for the contractor to shoot for December 23`
as their deadline.
William Maxwell, 558 Woodson Avenue, said he wanted to take the moment to thank the city
commission for allowing his small organization, Dirty Jeans 4H Club, the opportunity to
participate in the Founder's Day festivities. He has been working the last 2 _years on a
revitalization of the 4H Program in the Northwest Orange County area. The involvement they
had in the recent Founder's Day program created some avenues that allowed them to outreach to
kids in the community who have an interest in equine or common people horse activities. He
further explained the objective of the organization and thanked the commission again for the
opportunity.
------___..---- --
Executive Session, Pospeich Contracting, Inc. v. the City of Ocoee, contin at 8:2 P.M: J
City Attorney Cookson advised that City has an interest in two litigation matters that we will be
discussing tonight:
Regular Commission Meeting
November 19, 2013
This matter is Case No. 2012 -CA- 011084 -0. This case involves a dispute concerning
construction work performed at the direction of the City. As required by Section 286.011(8),
Florida Statutes, I am advising the City Commission that I desire to have advice concerning this
litigation and /or to discuss with the City Commission, in a closed session, matters related to
settlement negotiations.
Florida Statutes provide a limited exception from the Sunshine Law for the City's attorneys to
meet in private with the City Commission to discuss pending litigation to which the City is a
party. As required by Florida law, reasonable notice of the closed session has been given which
identifies the time and date of the closed attorney- client session and the names of the persons
who will be attending. The entire session will be recorded by a certified court reporter and no
portion of the session may be off the record. The court reporter's notes will be ftilly transcribed
for each matter and filed with the City Clerk. At the conclusion of the applicable litigation, the
transcript of the meeting for that particular matter will become a public record. It is not,
permissible to leave the meeting to consult with other persons regarding the subject matter of the
meeting. Following the conclusion of the closed session, it will be necessary to meet in public in
order to adjourn the meeting.
The agenda has been structured so as to allow for public action by the City Commission should
such action be necessary following the closed session.
Mayor Vandergrift announced that the City Attorney has requested a closed session with the
City Commission to discuss settlement negotiations and /or strategy related to litigation in the
cases described by the City Attorney. The persons who will be attending the closed sessions are
Mayor Vandergrift, Commissioner Grogan, Commissioner Wilsen, Commissioner Johnson,
Commissioner Keller, City Manager Rob Frank, City Attorney Scott Cookson, Litigation
Attorney Stephen McDonald, our court reporter and no others. It is estimated that the closed
attorney - client session will last 20 minutes. Following the conclusion of the attorney - client
closed session, the Special Meeting will be reopened in order to announce the termination of the
closed session and take such other action as the City Commission may deem appropriate. The
City Commission will now move into closed session.
Return from Executive Session:
Mayer Vandergrift reopened the Special Meeting of the City Commission and announced that
the closed attorney - client sessions have been terminated. The time is 8:35 p.m. Unless there are
any comments from the members of the City Commission, this Special Meeting of the City
Commissioner Keller, seconded by Commissioner Johnson, moved to approve
the settlement relating to the Pospeich Contracting, Inc. and the City of Ocoee
Litigation Matters in the amount of $78,500 and direct the city manager to pay it
out of the contingency fund or other sources as he deems necessary.
The Special Session is hereby concluded.
Weston Bay Tree Issue:
Mayor Vandergrift advised that there are around 14 residents left in the audience and they are
free to speak but he is giving them a 3 minute limit.
Regular Commission Meeting
November 19, 2013
The following Westyn Bay Board Members, Street Tree Committee Members, HOA Attorney,
and residents spoke:
Robert Hughes, 920 Nola Dr.
William Crawford, Chairman of Street Tree Committee, 650 Torgiano Dr.
Trevor Reschaj, 2680 Cardassi Dr.
Rodney Stogsdill, 2990 Cardassi Dr.
Chrissy Houghwout, 625 Palio Ct.
Daniel Harker, 2419 Ursota Circle
Sue Lescyznski, 2459 Orsota Circle
Sarah Ellis, letter read by Sue Lescyznski, 2463 Orsota Circle
Lucy Martinelli, 668 Postrio Way
Pam Taylor, 578 Palio
Amber Stone, 2310 Pesaro Circle
Norn Stubenhofee, 2436 Orsota Circle
Jim Gustino, attorney, representing HOA
Brenda Gadson, 2887 Cardassi Dr.
Richard Crocker, 2457 Orsota Circle
Lengthy discussion ensued among the Commission and HOA Attorney Gustino regarding
liability issues caused by the trees pushing up sidewalks, as well as the proposed timeline and
methodology dealing with residents on this issue. The Street 'Tree Committee was formed and
given an amount of time to do research and submit their findings (until December 16 however
the residents have been told to make their individual decisions about what to do with their trees
on or before November 25, 2013, Mr. Gustino stated he was under the impression that all of the
tree removals that were going to take place needed to be done in two phases, within two years,
and that is why the time frame was so tight. City Planner Rumer stated that the reversal of
Condition #37 from the Development Agreement allowed for a minim of two years for
existing trees to be removed, there was no Maximum amount of time stated, HOA Attorney
Gustino stated with the new understanding of the time frame, they can allow more time to make
the decisions regarding the trees and do not have to enforce the November 25 t11 deadline for the
residents to file a form, or the December 31 deadline for any relocation, removal, etc. to be
completed. He stated he felt the HOA Board would have no issue moving the deadlines further
out and allowing more time to revisit the issue with the residents and Street 'Tree Committee.
BREAK 10:09 — 10:24 p.m.
C. COMMEN FROM CI TIZENS /PUBLIC
None
Regular Commission Meeting
November 19, 2013
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced:
1) There is an emergency item:
Approval for Purchase of Artificial Tree for Holiday Tree Lighting Celebration on
December 7, 2013. (Parks and Recreation Director Hayes)
City Manager Frank explained that staff is requesting the approval of $9407.88 for the
purchase of a 20 foot artificial tree. The Department has received a donation from the West
Orange Seniors in the amount of $2,081 to help with the purchase of the tree; the remaining
funds to purchase the tree will come from another donation the Department had previously
received from the Hartle M. Bowness Charitable Trust.
Commissioner Johnson, seconded by Commissioner Keller, move to approve
the purchase of the artificial tree in the amount of $9407.88. Motion carried 5 -0.
2) That they had committed to hosting a Business After Hours even with the West Orange
Chambers of Commerce this Thursday evening at the new Lakeshore Center; however, since
the building will not be ready for occupancy the event has been moved to Dr. Phillips
Hospital. The chambers have asked in exchange for the relocation of this event, if the City
could host the 2014 Big Orange Awards in February. He explained they would like to have
the facility for one evening and the sponsorship would cost $2000, which is equal to the
amount we would have spent.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to
approve hosting of the West Oranae Chamber of Commerce 2014 Big Orange
Awards at the Lakeshore Center in February 2014, at a sponsorship cost of
$2000, in lieu of the canceled After Hours event. Motion carried 5 -0.
3) He would like to have the City Attorney explain a request for an extension on the property
just purchased. City Attorney Cookson explained that they purchased the property from
Glenda and Donald Dunn last week and if they recall a first of right refusal was also obtained
in connection with that purchase agreement. He further shared as part of that agreement it
was also approved that the Dunn's could occupy the property until November 23` City
Attorney Cookson advised Glenda Dunn is requesting a 7 day extension until November
30 Staffs recommendation is to allow that amendment to the lease conditioned upon
paying the utilities for that period of time estimated to be $280.00.
Mayor Vandergrift, seconded by Commissioner Wilsen, moved to approve a 7
Oakland Avenue until November 30 " with the condition of aavina the utilities
for an estimated cost of $280.00.
Commissioner Wilsen asked for an opinion on if the commission should be following
Roberts Rule of Order in allowing the Mayor to entertain motions. Brief Discussion ensued
and it was asked that the City Attorney look into this.
After discussion, motion carried 5 -0.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Grogan — None
51Page
Regular Commission Meeting
November 19, 2013
Commissioner Wilsen — 1) announced Operations Santa dates. 2) Tree Lighting is scheduled for
Saturday, December 7`' at the Withers Maguire House.
Commissioner Johnson - - None
Commissioner Keller — None
Mayor Vandergrift — None
F. CONSENT AGENDA
Commissioner Keller, seconded by Commissioner Grogan, moved to approve the
Consent Agenda Items #1 through #7. Motion carried 5 -0.
Approval of Minutes for the Regular Commission Meeting .Held November 5, 2013.
(City Clerk Eikenberry)
Approved on Consent. Motion Carried 5 -0.
2. Appointment to the Parks and Recreation Advisory Board. (City Clerk Eikenberry)
Members of the Parks and Recreation Advisory Board serve two -year terms. The Ordinance provides that the
Parks and Recreation Advisory Board membership shall consist of nine (9) members and whenever possible,
appointments to the Board may include one member from each of the following organizations: Ocoee Little
League, Ocoee Youth Soccer 1_,eague (OYSL), Ocoee Bulldog Pop Warner Football, and West Orange Senior
Citizens Association. Currently the board has seven (7) members.
One application was recently submitted. Ocoee resident Wendell Singrey has indicated lie is interested in
serving on this board.
Approved on Consent. Motion Carried 5 -0.
3. Appointment of Fifth Trustee to the Police Officers' and Firefighters' Retirement Trust
Fund Board of Trustees. (City Clerk Eikenberry)
Trustees for the Pension ,Board serve four -year terms. Two of the trustees are appointed by the City
Cormnission, two are elected from the employee body, and the fifth trustee is chosen by those four trustees and
presented to the City Commission to ratify the appointment as a ministerial act. At their meeting dated
November 11, 2013, the Pension Board appointed Mark Scalzo to serve as the fifth trustee for a four -year term
to expire on September 30, 2017. The position was formerly held by Butch Stanley whose term expired
September 30, 2013. The Operating Rules and Procedures of the Pension Board do not prohibit current City
employees from serving as the Fifth Trustee.
Approved on Consent. Motion Carried 5 -0.
4. Approval for Renewal of EMT /Paramedic Student Affiliation Agreement between City
of Ocoee and Valencia College. (Fire Chief McNeil)
The City Commission originally approved for the Ocoee Fire Department to enter into an agreement with
Valencia College to provide supervised learning experiences for the College's emergency medical services
students on August 5, 2008. That agreement was approved for renewal on November 2, 2010. The current
agreement is set to expire on December 31, 2013. The Ocoee Fire Department would like to renew the
agreement for another two year period from January 1, 2014 to December 31, 2015.
Approved on Consent. Motion Carried 5 -0.
Regular Commission Meeting
November 19, 2013
5. Approval of 2013/2014 Budgeted Sanitation Side Arm Demonstrator Garbage Truck
Purchase. (Public Works Director Krug)
The City traditionally purchases vehicles and equipment through bids from the Florida Sheriffs Association's
annual contract. Public Works has researched pricing throughout the State and has found the Florida Sheriffs
Association continues to provide the lowest competitively bid pricing.
The Sanitation Division budget includes the replacement of two (2) side loading garbage trucks. Following the
demonstration of a Wayne Curbtender automated side arm loader on a Crane Carrier Corp. chassis, the City was
offered a discounted price to purchase the demonstration unit. The discounted price of $229,900.00 includes all
warranties and painting the truck in the standard City colors. The quote for the same vehicle on the Florida
Sheriffs Assoc. contract is $279,900.00. This provides a $50,000.00 savings to the City's Sanitation Division.
Purchasing the demonstration unit will allow Sanitation to evaluate the benefits of this manufacturer's design
features for future purchases.
Approved on Consent. Motion Carried 5 -0.
6. Approval of Bluford Avenue Drainage Project Property Acquisition. (Public Works
Director Krug)
The City has completed the design and permitting for the Bluford Avenue stormwater project extending from
Columbus Street to 7th Street which will alleviate roadway flooding in this area. The project requires a small
portion of additional right of way be acquired from five (5) parcels on the east side of Bluford Ave. between
Orlando Ave. and 7th Street. These acquisitions incorporate a strip of land approximately thirteen feet wide,
corner clips at intersections and temporary construction easements to blend the roadway improvements with the
remaining property. The appraisal reports for the acquisitions have been completed. Due to the small size of
the acquisitions with no severance damages found to the remainder properties, the Attorney would generally
recommend proceeding with a voluntary process, however the title work indicates we may not be very
successful due to a number of issues. These issues include a pending bankruptcy, delinquent real estate taxes
that exceed the value of the parcel sought to be acquired and mortgages which will require a release. Based on
the title information, the Attorney is recommending the City make the statutorily required pre - condemnation
offer letters at the appraised values and then proceed to eminent domain, ensuring the quickest resolution to the
acquisitions.
Approved on Consent. Motion Carried 5 -0.
7. Approval to Execute a Utility Work by Highway Contractor Agreement with the
Florida Department of Transportation in Connection with the Widening of SR 50 from
the Entrance to the West Oaks Mall to SR 429. (City Engineer Wheeler)
The Florida Department of Transportation (FDOT) is completing the detailed design plans to widen SR 50
through the City of Ocoee from the entrance to the West Oaks Mall to SR 429 (FDOT Dash 3 Project). The
current schedule has this project being bid in the spring of 2014 with construction to start after July 1, 2014.
The construction schedule is expected to last approximately 3 years. FDOT has agreed to allow the City of
Ocoee to partner in their project and for the City to have its affected utility pipelines relocated by FDOT's
contractor. Such work is done through a Utility Work by Highway Contractor (UWHC) Agreement whereby
the City agrees to pay the cost of the work, based on an engineer's cost estimate approved by FDOT. Two
separate UWHC Agreements are required for the utility relocations because most of the work is to be paid for
by the City and some of the work is to be paid for by FDOT.
Approved on Consent. Motion Carried 5 -0.
Regular Commission Meeting
November 19, 2013
G. PUBLIC HEARINGS
8. Approval of Resolution for All Sports Senior Living Project Financing Located at 11801
Roberson Road. (Advertised in the Orlando Sentinel on Tuesday, November S, 2013) (City Attorney
Cookson)
Windermere Senior Living, LLC (the "Applicant ") intends to construct a senior living facility which will
contain approximately 72 assisted living units and approximately 48 memory support units on 6.47 acres of
property located on the north side of Roberson Road just east of the Roberson Rd./Windermere Rd. intersection.
The Applicant originally desired the assistance of the City in obtaining conduit financing pursuant to the Florida
Industrial Development Financing Act, Chapter 159, Part II, Florida Statutes (the "Act "). However, the
Applicant has obtained a new financing source through the Capital Trust Agency once the Applicant and the
City could not come to terms on the financing requirements.
On June 18, 2013, the City took action with the adoption of a Tax Equity and Fiscal Responsibility Act
Resolution (the " TEFRA Resolution "). In order to provide adequate notice to all interested parties and comply
with Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "), the Applicant desires to
have the City adopt a new TEFRA Resolution in connection with the new source of financing through the
Capital Trust Agency.
City Attorney Cookson read the title to the resolution.
He further explained that in May conducted a TEFRA Hearing which provided notice to the
residents for the issuance of bonds to fund the project. This commission subsequently decided
not to move forward with the funding. The developer has secured another bond issuer, the
Capital Trust Agency, and has requested that we hold another TEFRA Hearing to provide
adequate notice to the public for the financing. Approval of the resolution and the issuance of
the bonds by Capital Trust Agency has no effect on the City of Ocoee's bonding capacity; we are
not financially responsible and have no financial obligation for a default under the bonds. This is
just a Public Hearing of the intent of the applicant to secure the financing and to give residents
the opportunity to comment.
Commissioner Keller, seconded by Commissioner Grogan, moved to ad opt the
TEFRA resolution per staff recommendation. Motion carried. 5 -0.
H. REGULAR AGENDA
9. Ocoee Crown Point Letter of Interest (LOI) Discussion and Direction. (City Planner
Rumer)
The Mayor and City Commissioners authorized the City Attorney to advertise a request for Letter of Intent
(LOI) for sale of residential land within the Ocoee Crown Point PUD. This LOI identified eight (8) criteria the
Letter of Intent should provide, leaving the purchase price and closing date for the respondents to provide as
their own response. This ensured that all respondents had an equal opportunity to respond with their best terms
on the project.
Six (6) developers responded to the LOI request. Based upon a detailed review of each respondent's LOI
proposal, the City Manager with the aid of other designated staff, short listed the respondents to three for
consideration to continue on for further discussions with an ultimate selection for contract negotiations. The
City Manager has chosen Taylor Morrison, Front Door Communities, and Meritage Homes as a
recommendation for further negotiations.
Regular Commission Meeting
November 19, 2013
City Planner Rumer explained that this item is to receive city commission confirmation of the
city manager's top three respondents from the Letter of Interest (LOI). Staff will have internal
meetings with each of the three tomorrow, at 9, 10, and 11 am. The three (or more if the
commission so chooses) will be brought before the commission in December.
Mayor Vandergrift asked if any of the bids included the extension of Crown Point Road to
Fuller's Cross Road. City Manager Frank answered that her was pretty sure no one included
that. There was discussion with City Planner Rumer regarding city property and school property
that will be on both sides when the future road connects. City Manager Frank said that they felt
if they included the road extension in the LOI, the costs would have been built in and the city
would have definitely borne all of the cost. Staff feels that this is one of the roadways that will
be needed in the capital plan over the next five years. City Planner Rumer added if it is not
included in the conditions of approval that tract 50, tract 3, and tract 23 are responsible for the
construction of the road then they would not assume that responsibility in the pricing. There is
no concurrency issue that would require that roadway to be completed; they will be able to use
existing roadways. The 264 units, or 4.5 dwelling units per net acre tripped the concurrency, we
would have put it in the conditions of approval. They will build the roads to reach the core
property. City Manager Frank said there is a section of roadway that will still remain to be built
that will cost 1.5 million dollars. City Planner Rumer said the developer of this project will be
responsible to construct all roads to reach the future lots. City Attorney Cookson added that the
development of the property we are selling does not require any construction of the connection
of Fuller's Cross Road. There are two entrances onto Crown Point road to serve the residents;
they are responsible to build those.
City Manager Frank said once we speak with the three companies tomorrow we will ask them
to give a presentation to the Commission for your selection. Commissioner Johnson asked if we
can add a local contractor to be considered if any of the top three do not come to the meeting.
Consensus of the Commission was to include a forth, alternate comp
Elevation Development.
Commissioner Johnson, seconded by Commissioner Keller, moved to a pprove
staff's recommendation and including the condition that if one of the three
companies drops out, the local company, Elevation Development, will be ad ded.
I. STAFF ACTION ITEMS
None
J. COMMENTS FROM COMMISSIONERS
Commissioner Keller — Wished everyone a Happy Thanksgiving! 2) reminded everyone the
Christmas Parade is December 7, 2013.
Commissioner Johnson - None
Commissioner Wilsen — announced the Christian Service Center will be serving lunch on
Thanksgiving Day from 11:00am — 2:00 p.m.
Regular Commission Meeting
November 19, 2013
Commissioner Grogan — None
Mayor Vandergrift — announced the Ocoee High School will be serving food for families on
Thanksgiving Eve and Thanksgiving Day.
ADJOURNMENT
Meeting adjourned at 10:56 p.m.
Attest:
Beth Eikenberry, City Clerk i <
APPROVED:
City of Ocoee
. Scott Vandergrift, Mayor
101`