08-16-2005 Agenda
OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
August 16, 2005
AGENDA
7:15 P.M.
REGULAR CITY COMMISSION MEETING
I A. CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
I B. PRESENTATIONS AND PROCLAMATIONS
I C. COMMENTS FROM CITIZENS/PUBLIC
I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
E. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE BOARD OF
CITY COMMISSIONERS AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE
DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION, IN
WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT
AGENDA AND SUCH ITEM WILL BE CONSIDERED SEP ARA TEL Y.
1. Approval and Acceptance of the Regular City Commission Minutes of July 19,
2005 and August 2, 2005. (City Clerk Eikenberry)
2. Appointment to General Employees' Pension Board of Trustees. (City Clerk
Eikenberry)
The General Employees' Pension Board of Trustees was created by Ordinance No. 91-08 on May 21,
1991. The purpose of this board is to administer the operation of the Retirement System. The board
consists of five (5) members, who serve two (2) year terms. The two (2) year term of Jean Grafton
(attended 10 of 10 meetings) ends September 2005, and she has indicated she is willing to serve
another term, if reappointed. There are no applications on file for this board.
3. Appointment to Police Officers'IFirefighters' Pension Board of Trustees. (City
Clerk Eikenberry)
The Police Officers'/Firefighters' Pension Board of Trustees was created by Ordinance No. 91-09 on
May 21, 1991. The purpose of this board is to administer the operation of the Retirement System. The
two-year term of Ronald Strosnider (attended 8 of 9 meetings) ends September 2005, and he has
indicated he is willing to serve another term, if reappointed. There are no applications on file for this
board.
4. Appointments to Citizen Advisory Council for Ocoee Fire Department. (City
Clerk Eikenberry)
On September 16,2003, City Commission adopted Resolution No. 2003-20 establishing the CACOFD
and adopting By-Laws for the board. The Resolution provides that CACOFD membership shall
consist of no less than fifteen (15) members and no more than twenty-five (25) members. Members
must be legal residents of the City or owners of real property or businesses in Ocoee. There are
currently ten (10) members serving on the CACOFD and with Commission's approval currently the
board is meeting with less than (15) members. Two (2) applications were recently submitted for the
Citizen Advisory Council for Ocoee Fire Department (CACOFD); therefore, staff recommends the
City Commission Regular Meeting
August 16, 2005
City Commission consider appointing Ryan Colbert and Warren Channell to the Citizen Advisory
Council for Ocoee Fire Department with a term ending November 2008.
5. Appointment to Education Commission. (City Clerk Eikenberry)
Members of the Education Commission serve two-year terms. Currently the Education Commission
has fourteen (14) members and their resolution allows no less than seven (7) members and no more
than fifteen (15) members. The two-year term of Debra Booth ends August 31, 2005. Ms. Booth has
indicated she is willing to serve another two-year term, if reappointed. Ms. Booth has attended twelve
( 12) out of seventeen (17) meetings with no absence unexcused and was tardy one (1) meeting. There
are no applications on file for residents interested in serving on the board.
6. Approval of Byrne Formula Grant Letter. (Police Chief Goclon)
In order to obtain money under the Byrne Formula Grant, the chief elected officials from 51 % of the
municipalities representing 51 % of the population must sign a letter agreeing how the money will be
spent. The City of Ocoee Police Department is applying for funding to continue a DUI enforcement
program for FY 2005/2006.
7. Approval for Pioneer Key Regional Pond Design and Permitting. (Public Works
Director Zaitooni)
As a part of the "Pioneer Key Regional Stormwater" project, the City has received an $850,000 grant
from Florida Department of Environmental Protection (FDEP) to design and construct a regional
pond/educational park and $400,000 from Orange County Community Block Grant (CBDG) for
paving and drainage and conveyance system for Pioneer Keys I. These grants are time sensitive and
in order to meet the grant timelines, it is necessary to authorize the design and permitting phase of the
project in the current fiscal year. Fiscal Year 05-06 Professional Engineering Consultants (PEC) who
were instrumental in obtaining the grants have submitted a proposal for the design and permitting of
the project. Staff recommends that City award the design and permitting of the project to PEC for
$178,071.00.
8. Approval of Transfers within Stormwater Operating Fund Accounts. (Public
Works Director Zaitooni)
In order to pay for the incurred or expected expenditures, it is necessary to transfer $20,000 from
Stormwater Operating Fund Contingency (Line 4900) to Engineering Expenses (Line 3102) to pay
engineering expenses related to NPDES and miscellaneous other expenditures.
9. Approval of Change Order No.5 with Prime Construction Group, Inc. for the
Reclaimed Water Booster Pumping Facility Project. (City Engineer Wheeler)
The Engineering Department requests that the City Commission approve Change Order no. 5 with
Prime Construction Group, Inc. on the Reclaimed Water Booster Pumping Facility Project for
temporary piping needed for startup, additional instrumentation, and adjustment in contract time. The
change order results in an increase of $11,017.66, with an increase in contract time of twenty-six
calendar days.
10. Approval of Waterside Water Reclamation Distribution System Project and
Award of Construction Contract to Florida Contracting, Inc. (City Engineer
Wheeler)
The Waterside Water Reclamation System project generally includes the installation of reuse mains
within the Waterside subdivision in order to supply reuse water for irrigation and to take those
customers off potable water for irrigation. By doing this reuse retrofit project, it will help reduce
potable water production and bring the City into compliance with our CUP permit with the St. Johns
River Water Management District. The project includes the installation of the piping, valves, meters,
and other associated appurtenances. Tetra Tech, Inc. (TTI) made a recommendation to award the
contract to Florida Contracting Inc. in accordance with the base bid for the directional drill option. The
Engineering and Public Utilities staff concurs with TTI's recommendation to award the Waterside
Water Reclamation Distribution System project to Florida Contracting, Inc. in the amount of
$286,823.00.
11. Quarterly Financial Report-Third Quarter FY 2005. (Finance Manager Bishop)
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City Commission Regular Meeting
August 16, 2005
Revenues are being collected as anticipated for all funds. Expenditures are being closely monitored
and are within expected ranges. Staff continues to look for new ways to increase revenues and/or
reduce expenditures without compromising the levels of service to the community.
I F. PUBLIC HEARINGS - None
I G. ORDINANCE FIRST READING
12. Ordinance Amending Chapter 21 Purchasing Code. (Purchasing Agent Tolbert)
Staff recognizes that enhancements and revisions to the existing purchasing ordinance are periodically
necessary to streamline the procurement of commodities and contractual services for the City. The
recommended changes address these issues and the increase in cost of items. The major revisions
contained in this ordinance are: 1) the approval levels for purchases have been increased for
department directors and the City Manager, 2) the number of quotes for each level has been revised, 3)
amends defmitions, 4) amends exemptions, and 5) clarifies some procedures. Procedures have been
reviewed and will be updated to reflect the changes in this ordinance once adopted.
I H. REGULAR AGENDA I
13. City of Ocoee vs. Oak Forest Partners and Westlake Partners: Proposed
Settlement of Certain Experts' Fees and Costs for Parcels HOA, HOB, 708A,
and 708B. (City Attorney Rosenthal)
As part of the Old Winter Garden Road Widening Project, the City acquired Parcels 110A, 110B,
708A, and 708B through condemnation. The property falls within Part A of the Old Winter Garden
Road Widening Project. Thus, the City is responsible for 54% of the project costs under an Interlocal
Agreement with Orange County. Pursuant to Florida Statutes, the City is responsible for the
reasonable expert fees and costs incurred by Oak Forest Partners and Westlake Partners in the eminent
domain proceedings. The City Attorney has concluded that it is in the best interests of the City to
settle Oak Forest Partners' and Westlake Partners' claim for expert services rendered by Buchheit
Associates, Inc. and W.D. Richardi, Inc.
14. Appointment to Planning and Zoning Commission. (City Clerk Eikenberry)
The Planning & Zoning Commission was created by Ordinance No. 516 on September 15, 1970. The
purpose of this commission is to guide actions affecting development in the City. It also determines
whether proposed developments conform to the principles and requirements of the Comprehensive
Plan and Land Development Code, and acts in advisory capacity to the City Commission. The board
consists of nine (9) regular members, who serve three (3) year terms. The three (3) year term of James
Golden (attended 22 of 24 meetings) and Camille Riffe (attended 11 of 24, tardy x2 meetings) ends
September 2005. They have indicated they are willing to serve another three-year term, if
reappointed. In addition, four (4) residents have expressed willingness to be appointed to the board.
15. Discussion of Miscellaneous Residential Front Yard Issues. (Planning Manager
Armstrong)
Consideration of possible amendments to the Land Development Code and City Code of Ordinances
regarding residential front yard issues.
16. Approval for Assignment of Contract, RFP# 03-001, Residential Collection.
(Public Works Director Zaitooni)
Waste Services of Florida, Inc. (WSI) has requested assignment of the Residential Collection Contract
to Waste Pro (another hauler) per Section 16 (A) of the Contract RFP#03-001, which only allows
assignment of the Contract with the expressed written approval of the City. Staff has reviewed the
request and has formulated the City's options in response to the request.
17. Approval of Short-Term Leasing of Land Space at 301 Maguire Road. (Public
Works Zaitooni)
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City Commission Regular Meeting
August 16, 2005
First Class Coach & Equipment, Inc., a distributor of Thomas Build Buses, have requested leasing of
the 3-acre portion of the Public Works property at 301 Maguire Road for a 3-month period in exchange
for a rental fee of $2,000.00 per month and providing insurance coverage and holding the City
harmless from any liabilities. It is intended that approximately 50 buses be stored on the property prior
to distribution with a maximum of 6 daily trips. There are no facility preparations anticipated or impact
on property other than minor grading after the termination of the lease. City has permitted other
entities use of this property in the past and this action is consistent with prior practice.
I
(Multi-
I I. STAFF REPORTS
18. Discussion Regarding Commission Chambers Voting System.
Media/Community Events Manager Elliott)
I J. COMMENTS FROM COMMISSIONERS
I ADJOURNMENT
PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTES 286.0105: ANY PERSON WHO DESIRES TO
APPEAL ANY DECISION AT TillS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR TillS
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WIllCH
INCLUDES THE TESTIMONY AND EVIDENCE UPON WIllCH THE APPEAL IS BASED.
ALSO, IN ACCORDANCE WITH FLORIDA STATUTE 286.26: PERSONS WITH DISABILITIES NEEDING
ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE
CITY CLERK, 150 N. LAKESHORE DRIVE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE OF THE
MEETING.
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