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Item #01 Approval of Minutes MINUTES OCOEE CITY COMMISSION February 19,2008, at 7:15 P.M. REGULAR CITY COMMISSION MEETING I 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 Anderson gave the Invocation and Commissioner Hood led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner Keller, and Commissioner Johnson. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry I B. PRESENT A TIONS AND PROCLAMATIONS Presentation by HRDB (Human Relationsmiversity Board) to Award Trophies to Martin Luther King Parade Winners - Dorcas Dillard, Chairperson. Chair Dorcas Dillard and Board Member Lester Dabbs, of the Human Relations Diversity Board presented awards to the following: Most Creative School - Citrus Elementary 1st Place - The Worship Center 2nd place - Ocoee Marching Band 3rd place - D and L Stables Ms. Dillard also informed everyone that winners for the Essay Contest for Black History Month will be announced tomorrow in the Commission Chambers at 7:00 pm. The 1st - 3rd place winners will read their essays allowed. Over 160 essays have been received. Mayor Vandergrift left the room. It was announced he would be in the conference room watching the rezoning hearing of the Orange County Commission with regard to the moving of Evans High School and he would report back later. Presentation by CACOPD (Citizens Advisory Council for the Ocoee Police Department) for Officer of the Quarter (4th Quarter of 2007) and Officer of the Year for 2007 - John Grogan, Chairperson. Postponed to a future meeting I C. COMMENTS FROM CITIZENS/PUBLIC - none I D. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood- 1) Ocoee Little League opening ceremonies and parade will take place this Saturday at 8:00 am, and will begin at Ocoee Elementary School. 2) commended the boys varsity soccer team for being in the top four in the state, 3) said the Ocoee sports programs are doing well, Lacrosse, Varsity Baseball, Tennis and Track are all very successful. Commissioner Anderson - none City Commission Regular February 19, 2008 Commissioner Keller - none Mayor Pro Tem Johnson - none I E. CONSENT AGENDA eee rkEi Approved. Motion carried 4-0, with Mayor Vanderarift away from the dais. The two-year terms of Jim Sills, John Grogan, and Laurie Nickels are expiring March 1, 2008. All have indicated that they are willing to serve another term, if reappointed. There is one vacant position on the board due to the resignation of Jeffrey Cox in June of2007. There are currently no applications on ftle for this board. Approved. Motion carried 4-0, with Mayor Vanderarift away from the dais. Members of the Parks and Recreation Advisory Board serve two-year terms. The Parks and Recreation Advisory board currently has seven (7) members and their ordinance allows no more than thirteen (13) members. One application was received from Dottie Godek with an interest in serving on the board. There are no additional applications on ftle. Approved. Motion carried 4-0, with Mayor Vanderarift away from the dais. The existing contract between the Florida Department of Transportation and City of Ocoee for routine maintenance of the State rights-of-way will expire on April 30. 2008. FDOT is requesting renewal of this contract at $34,500.00. This amount represents a 3% increase from the previous contract period. Commissioner Anderson asked if the 3% increase in the contract requires us to do any additional work. City Manager Frank said that it is a built in 3% increase for the same amount of right of way. He added that this amount of money does not cover the costs of maintaining the right of way at the standard we want it to be. Approved. Motion carried 4-0. with Mayor Vanderarift away from the dais. tlP~~@c~g Bolieehief The Ocoee Police Department receives and processes thousands of pieces of property and evidence every year. It also issues and inventories thousands of uniform, vehicle, and equipment supplies to agency employees. Without proper technological assistance, inventorying and tracking all of these items is a cumbersome task requiring hundreds of staff hours and is prone to human error and potential loss. The Police Department currently has an older evidence tracking scanner with software that has no ability to inventory and track issued supplies and is in need of replacement. Approved. Motion carried 4-0, with Mayor Vanderarift away from the dais. Page 2 of 10 City Commission Regular February 19, 2008 In November 2000 the City entered into a Development Agreement with Manheim Remarketing Limited Partnership d/b/a Auto Auction contributing to the City the sum of $1 ,200,000 towards the Maguire Road Phase V Project. At that time it was estimated as a $2,800,000 project and the project was to commence construction by November 17, 2003, and later extended to November 17, 2005. As of this date the City has not commenced construction of the Project and Auto Auction has agreed to extend the deadline to November 1,2009. Additionally, the Auto Auction agreed to convey to the City, at no cost, certain right-of-way along Marshall Farms Road and Story Road within 30 days of receipt of a written request from the City. The City has now requested the right-of-way conveyance and received an updated title report. There are certain title matters which affect the entire Auto Auction and as a result also affect the right-of-way being conveyed to the City (i.e., Notices of Commencement with respect to certain construction activities). The Auto Auction has requested that the City take title subject to these existing title matters. The City Attorney has reviewed the title and does not believe that these matters will adversely impact the ability of the City to utilize the land for the road project. However, the actual list of title matters is still being finalized with the title company as of this date. Commissioner Anderson noted that he would like staff to scrutinize this more closely and move the project forward because we may not be able to keep extending it for much longer. Approved. Motion carried 4-0. with Mayor Vanderarift away from the dais. The intersection of Maguire and Old Winter Garden Roads has experienced a signifIcant amount of traffIc since the widening improvements to both roads has been completed. The increase in traffIc movement through the intersection has caused a backup of vehicles wanting to turn right from Maguire Road onto Old Winter Garden Road and affected the straight through northbound flow of traffIc. At the time of the planning for both new road projects, the right turn movement did not justify the inclusion of the turn lane into either project. However, since the construction of the Old Winter Garden Road improvements, Old Winter Garden Road has become the primary alternative route for traffIc not wanting to get on SR 50, especially for the morning going-to-work traffIc. All the new commercial projects south of the Florida's Turnpike have identifIed this intersection for congestion. Staff has agreed with the traffIc studies and visual observations which justify the need for the turn lane. Staff has also taken to position to get the fIrst commercial development south of the Turnpike to fund the turn lane. Lake Butler Professional Campus has agreed to fund the turn lane as their development's transportation mitigation. Staff is proposing to have the design performed by one of the City's continuing consulting engineering fIrms and have it ready for construction to coincide with the development of the Lake Butler Professional Campus project. The City employed PEC, Inc. to design the new turn lane because they performed the design on the Maguire and Old Winter Garden Road projects. PEC, Inc. proposes to perform the design for $31,540.00 and have the work completed within 90 days. This project is funded from the CRA and is listed in the CIP program. Approved. Motion carried 4-0. with Mayor Vanderarift away from the dais. it 0 The Utilities Department utilizes the consulting services of SMW GeoSciences, Inc., for assorted projects throughout the year, such as receiving assistance for renewing the Consumptive Use Permit, researching Alternative Water Supplies and developing the Water Conservation Program. The original agreement was executed on January 17, 2006, and was authorized for two years. Staff recommends extending the terms of the Agreement and including a revision for Fees for Services through January 17,2009. This item was pulled from the Consent Agenda and heard separately. Commissioner Anderson asked what we are doing differently that requires these services. Utilities Director Smith said that obtaining the Consumptive Use Permit is an arduous documented process that is required by SJWMD. Page 3 of 10 City Commission Regular February 19, 2008 Commissioner Anderson asked why we need to pay a consultant if we have a Water Conservationist on staff. Utilities Director Smith said the consultant codifies all information into the permit process and does Ground Water Modeling that requires a Geologist, Population Projections, etc. The water conservation elements that go into the report will be done by staff. He said we have not finished the permit process so we are asking to extend the contract. This does not approve any specific amount at this time, it will just limit the contract at a maximum of $125,000. We can't identify all of the costs until the District tells us what other reports or tests may be required. Commissioner Johnson said this is the problem with the state limiting our revenue and then mandating costly Permits such as the Consumptive Use Permit. Commissioner Hood said we have used this company for so long, he would be interested in seeing what a competitive bid may bring. Commissioner Anderson asked how much was budgeted. Mr. Smith said the budget had $100,000 for professional services and approximately $25,000 has been spend already. Commissioner Johnson said he would like to see the projects come back before the Commission for approval. City Manager Frank reminded the Commission that it is from the Enterprise Utilities and that this process required skills that we do not have in house. It could make the difference of whether we get as, 10, or 20 year CUP. Commissioner Anderson said he agrees with the other Commissioner that he would like to see it come before the commission before they just approve the $125,000. Utilities Director Smith asked if the Commission would like the consultants to come in and give a presentation of the CUP process and current status. City Attorney Rosenthal clarified that the motion is to extend the term of the existing agreement, the financial impact is not part of this motion. Future work orders would still be subject to the Purchasing Procedures and would come back before the Commission at a certain dollar amount ($25,000). Commissioner Hood asked if the fees are the same as two years ago when they originally approved the contract. Mr. Smith advised they were not. Commissioner Hood said he would like to see the original agreement to see how much they have raised their fees. City Manager Frank said he thinks it is important that we continue with this firm. Commissioner Hood said he does not have a problem with that as long as we see how much the fees from this company have increased. Commissioner Anderson. seconded bv Commissioner Hood. moved to table this item to the next meetina on March 4. 2008. and to provide the fee schedule from the oriainal contract. Motion carried 4-0. with Mavor Vanderarift away from the dais. Page 4 of 10 City Commission Regular February 19, 2008 The improvements at Central Park are currently under construction and are scheduled to be completed by February 23, 2008, for the start of the Ocoee Little League season. This item was pulled from the Consent Agenda and heard separately. Commissioner Anderson said these change orders are sizable ($18,000 and $30,000) and should have been part of the original plan. Parks and Recreation Director Hayes said that as construction proceeded they found that changes had to be made in several phases. The work on the major field resulted in us having to add a retaining wall around the dugout areas to accommodate different elevations that have occurred. The work on the rookie field has similar issues. Much of this is a result of how we are handling the drainage for the field. Commissioner Johnson asked if we have to give the additional work to this company. Engineer Wheeler said that Tony's Construction is doing excellent work, the additional work that needs to be done was not known in the beginning because we did not have time to get a survey done as we were trying to rush to get it done before the season started. We determined this work needed to be done and that it was outside the scope of the original bid. These changes would have occurred no matter what contractor was doing the work. Commissioner Hood added that we are probably getting a better rate because Tony's Construction is already out there, and he said he is not happy about the delay, but it is worth the wait for a few more days because this project has been needed for many years. Mr. Wheeler added that Tony's is charging the same for concrete in the change order that they charged in the original contract. a. Approval of Change Order No.1 & No.3 to Tony's Construction Co. for Central Park Improvements in the amount of $18,000. As a result of changes needing to be made during the course of construction to the bleacher area and walkways around the ballfield, a retaining wall will need to be constructed in the dugout and bullpen areas. The change order is necessary to facilitate changes in elevations in order to prevent erosion and damage to the fields and the newly constructed facilities. The current contractor, Tony's Construction Co., Inc., has provided a proposal to install the concrete wall for the dugouts and bullpen areas at a cost of $18,000. The City Engineering Department and the Parks and Recreation Department have reviewed the proposal, and the Parks and Recreation staff has discussed the change with the City Manager's Office. The Parks and Recreation Department is also awaiting confirmation of the cost, if any, for change order no. 2. Staff recommends that the City Commission approve the change order requests for the construction of a concrete retaining wall at a cost of $18,000 by Tony's Construction Co., Inc. b. Approval of Change Order No. 4 to Tony's Construction Co. for Central Park Improvements in the amount of $30,450. As a result of modifications needing to be made in order to address drainage issues during the course of construction along the walkways around the Rookie baseball field and football field, a concrete driveway and a small retaining wall will need to be constructed, and the existing 4 foot sidewalk will need to be replaced with a raised 6 foot sidewalk to address the drainage issues between the football field and baseball field. The current contractor, Tony's Construction Co., Inc., has provided a proposal to install the concrete drive, retaining wall, and sidewalk at a cost of $30,450. The City Engineering Department and the Parks and Recreation Department have reviewed the proposal, and the Parks and Recreation staff has discussed the change with the City Manager Office. The Parks and Recreation Department recommends that the City Commission approve Change Order No.4 in the amount of$30,450 by Tony's Construction Co., Inc. Commissioner Anderson. seconded by Commissioner Keller, moved to Chanae Orders No.1. No.3. and No. 4 as presented by staff. Motion carried 4-0. with Mayor Vanderarift away from the dais. Page 5 of 10 City Commission Regular February 19, 2008 On October 2, 2007, the City Commission awarded the professional architectural and engineering services for the development of the new Police Headquarters to HKS Architects, Inc. On December 13, 2007, the City Commission voted to purchase and renovate the existing State Farm Building located at 646 Ocoee Commerce Parkway, Ocoee, Florida. HKS has completed a walk-thru of the building and has proposed the following design services. HKS Architects proposes to retrofit the existing offIce building of approximately 16,000 SF into the new Police Headquarters. HKS shall also provide space planning and interior design services for the areas vacated by the Police Department as an additional service, once the scope for these areas is defined. Staff recommends that the City Commission approve the Contract for Professional Architectural and Engineering Services for the Interior Renovation of the New Police Headquarters to HKS Architects, Inc. in the amount of $68,000.00; and authorize the additional space planning and interior design services for the areas vacated by the Police Department Approved. Motion carried 4-0. with Mayor Vanderarift away from the dais. Commissioner Anderson seconded by Commissioner Hood. moved to approve Consent Aaenda Items #1 throuah #7 as presented. Items #8 and #9 were pulled to be heard and voted on separately. Motion carried 4-0. with Mayor Vanderarift away from the dais. I F. PUBLIC HEARINGS - None I G. REGULAR AGENDA t e Eight applications were received for this year's cycle. The total amount of grant monies requested is $18,700. There is $20,000 funded for this year's MVP grant program. One organization-- Windsor Landing Homeowners Association-- was approved subject to the completion of their current MVP project. Windsor Landing HOA is currently working on their current MVP grant project awarded last February. On October 2, 2007, the City Commission granted Windsor Landing a 6-month extension to complete their project because Pulte Home's construction activities prevented Windsor Landing from meeting the project deadline. Community Relations Manager Wright explained that the board approved all eight applications that were received this cycle, with the condition that one applicant, Windsor Landing, would not be approved until their grant project from last year is completed. Commissioner Hood. seconded by Commissioner Keller. moved to approve the Most Valuable Partnership arant awards as recommended by staff. Motion carried 4-0. with Mayor Vanderarift away from the dais. Commissioner Anderson said he would like these groups to be notified in the future so they may be present to accept the award. Community Relations Manager Wright said she will notify the participants in future grant cycles when the item will go before the Commission. Page 6 of 10 City Commission Regular February 19,2008 lif~Plro;ya.o~Qill\tt~t!y;:Qgmmyni.6'..Grl\nt~....(QQmmil.Q.i6'.jB~Il\t.oQ.~<M~nag~r...~rigbO The Community Grant Review Board met on January 23, 2008, to discuss the 10 applications received during the fIrst cycle of the Quarterly Community Grant Program (formerly the Community Merit Awards Program). The Community Grant Review Board expressed that they would like to award various amounts to the 10 organizations. After the Review Board met, it was determined by staff, that one of the organizations- Ocoee High School Air Force Junior Reserve Officers Training Corps - is ineligible to receive a grant. The City Commission awarded $25,000 to Ocoee High School, and all high school organizations must go through the school Principal to receive monies. This automatically excludes the OHS Reserve Officers group. There is $7,500 allotted for this first quarter of the Community Grant Program. The maximum grant award is $500. The total amounts requested from the 9 organizations this grant cycle is $4,500. The deadline for community groups to submit applications for the second quarter of the grant program is April 4th. Community Relations Manager Wright explained that the board approved 9 of the 10 applications that were filed; one was found to be ineligible to apply. Commissioner Anderson, seconded by Commissioner Keller, moved to approve the Community Grant Awards as recommended by staff. Motion carried 4-0, with Mayor Vanderarift away from the dais. Commissioner Anderson said he would also like participants in the Community Grant Awards to be notified in the future so they can be present to accept the award. The Parks and Recreation Advisory board had a quorum only one time in the last eight months. Section 15-4(E) of the Code of Ordinances states that "failure to attend more than two regularly scheduled consecutive meetings without an authorized absence shall be grounds for automatic removal from the board." Staff recommends the positions of Joseph Hembree, Robert McKey, and Phyllis Neal-Wilson be considered for removal from the board for missing six or more of the last twelve meetings of the Parks and Recreation Advisory Board. City Clerk Eikenberry said that concerns were discussed at the previous Commission Meeting regarding the Parks and Recreation Advisory Board not being able to get a quorum in almost a year. She said that Commission directed staff to look into the bylaws of all of the boards, but to make this board's issues a priority because of their attendance issues. Discussion followed regarding expired terms, sending letters to members with poor attendance, and changing the by-laws to change the structure of the board to include members of sporting organizations. Rosemary Wilsen, 1019 Shady Maple Circle, said she doesn't mind adding members from sporting organizations, but if it is an appointed position and the members are not really getting on the board voluntarily, it may cause attendance to be worse than it already is. R.P. Monacky, 1820 Prairie Lake Blvd. asked if there is a way to set a lower number for a quorum other than 50%. City Manager Frank said we will look into that. Consensus of the Commission (with Mayor Vanderarift away from the dais) was for the Clerk's Office to send letters to those members with low attendance and to research chanaina the by-laws to allow membership to include a desianated positions from each of several sports oraanizations within the City such as Little Leaaue, Pop Warner, etc. Page 7 of 10 City Commission Regular February 19, 2008 B.P.O.E. Winter Garden Lodge No. 2165 is holding their Annual Charity Ball on March 29, 2008, and is seeking sponsorship from the City. Commissioner Johnson explained he placed this on the agenda so that we can give the same $1000 grant that was given last year. Commissioner Anderson said he thinks he recalls that this was put in the budget this year. City Manager Frank said he will check to see if it was specifically budgeted, if not the funds will come from contingency. Commissioner Anderson, seconded by Commissioner Hood, moved to approve the arant of $1000 to the Elks Annual Charity Ball, with funds comina from either the budaeted line item or from the Commission Continaency fund. Motion carried 4-0, with Mayor Vanderarift away from the dais. Commissioner Hood, seconded by Commissioner Anderson, made a motion to also donate $240 for a foursome to the Bia Oranae Games Golf Tournament. Motion carried 4-0 with Mayor Vanderarift away from the dais. I EMERGENCY ITEMS Mayor Pro Tern Johnson declared two emeraency items from Enaineer Wheeler, on the basis that the emeraency action needs to be taken prior to the next scheduled meetina: (1) Road closure for construction of lake Shore Drive improvements, and (2) Chanae Order No.1 with Southern Site Works for temporary traffic sianal for West Road, Ocoee-Crown Point Parkway, and Ocoee- Apopka Road, in the amount of $16,677.70. City Engineer Wheeler said the road closure would begin Monday and the work would be complete before Founder's Day in October. He said it would not affect the boat races because they will be working on the road section behind City Hall and said they would keep their equipment stored north of the project. Commissioner Anderson asked about securing the port- a-potty out there because of the kids playing around it and City Engineer said he would speak to the Public Works Director about that issue. Commissioner Anderson, seconded by Commissioner Hood, moved to approve the Road Closure on lakeshore Drive. Motion carried 5-0. E Mayor Vandergrift asked if the road would be complete or useable before Publix goes in. City Engineer Wheeler said it would be completed before school starts in August. He stated that they do have access points off of Ocoee-Apopka Road and this change order is enabling the contractor to take traffic off of the old road and is putting it onto the two west-bound lanes. In Page 8 of 10 City Commission Regular February 19,2008 theory, by April they may be seeing a plus intersection up there as a temporary measure with the idea that when the permanent road is built they have access. He said they have no problem coordinating their efforts with the commercial development to the north. Commissioner Anderson. seconded bv Commissioner Keller. moved to approve the Chanae Order No. 1 for the Temporary Traffic Sianal for West Road/Ocoee Crown Point Parkway. Motion carried 5-0. I H. STAFF REPORTS City Manager Frank stated they just talked about the closing of Lakeshore Drive and Commissioner Anderson just reminded him that the section that was being presented on the projection screen is meant to be blacktopped. He stated they are asking the City Engineer to get an estimate on a change order to put bricks instead. They did not have the funding at the time that the project was bid out so they would like to see what the differential will be. Commissioner Johnson said it is likely they will find bricks underneath. Mayor Vandergrift gave a brief report as to what was going on at the Public Hearing at the Orange County Commission Meeting regarding the moving of Evans High School. He stated it was looking good. I I. COMMENTS FROM COMMISSIONERS - 1) inquired from Public Works Director Krug about the grass being replaced where the signals were replaced at the Wesmere Entrance. Public Works Director Krug stated they were waiting to make sure the contractor did not need to go to do any more work before they restore the grass. 2) asked when they were going to fix the beds on Maguire Road. Public Works Director Krug stated they have some cost issues but as soon as they can find the money it will be fixed. 3) stated on Clarke Road, coming off of Highway 50, and on the corner of White Road, it looks bad. Public Works Director Krug stated that the Parks Department will be going in tomorrow to take out all the existing plants and replacing them with something new. Parks and Recreation Director Hayes added that they will be in that area tomorrow as Mr. Krug mentioned and his staff will be removing the jasmine and replacing it with a more durable plant. 4) stated that Central Park is looking very good and staff has done a great job. ~~II\ml$~l~D~r:~~~r~gp: - 1) stated a year ago they were having problems with bow hunters at Starke Lake and the concern was all the children that are around where the bow hunters were. He stated different ordinances are coming up in other cities and he would like for the commission, along with the City Attorney, to put together an ordinance to require a distance between the bow hunters and the children. Without Obiection. staff will work with Commissioner Anderson to aet an ordinance toaether. 2) inquired when the swimming pool would be open. Parks and Recreation Director Hayes stated the pool is scheduled to open the first weekend in May. 3) stated they really need to look at Item #6 - Approval of Second Amendment to Developer Agreement with the Florida Auto Auction of Orlando and figure out what they can do with that. City Manager Frank stated that project has Page 9 of 10 City Commission Regular February 19, 2008 tripled in cost since it was originally considered and one of the things they are looking at is possibly having the CRA contribute some towards that. He further stated that the City Attorney had some concern about the agreement was set to expire and they had some of their money that would need to be returned to them if they did not renew the agreement. Commissioner Anderson stated his concern is if they wanted their money back and they did not have the money. City Manager Frank stated it is a good project but they have just not been able to find that type of money. They have not been collecting enough in impact fees to start that project and get it funded right now but they do think with some participation from the CRA it will still be a viable project. CQmiill~siQl'1irlJoQ(J - 1) announced Little League Opening Day is this Saturday and line up for the parade is starting at 8 am from Elementary School. Stated he would like to say "Thanks" to Jane and Mark Rainer for all the work they put in to the Ocoee Youth Soccer League. 2) inquired if the Commission could get plans on the new Administration Building at the Utilities Department. City Manager Frank stated the plans are pretty big; however, he can shrink down the portion of the plans the Commission would like to review. eoiqiqi~siQnir~eJJir - 1) congratulated the Ocoee Youth Soccer League and announced to the public to not forget about the Little League Parade that will be taking place this Saturday. 2) stated in the past on Clarke Road the trees were trimmed every so often because there were many residences who rode their bikes along that sidewalk to get to the West Orange Trail. The trees are getting a little low again and he was wondering if someone could go out and trim those trees. Public Works Director Krug stated he could schedule that. Commi~sionir\"ijpersoij - stated he had just applied for a new occupational license and he received a letter rubber banned to his door about no dumping into the lakes or drains and he feels it should have been given to him a little differently. He further stated not everyone reads what is hung on their doors and feels a copy of the ordinance should be given to businesses when they receive their license. - 1) thanked the staff of the Recreation Department for cooperating with his wife in the Ison Center rental. Stated everything went well. 2) announced Ocoee High School Soccer Team tied for third in the State. 3) announced he has a correspondence from St. Johns River Water Management District and they are having a meeting at the governing board at Howey-in-the-Hills the Mission Inn on March 6, 2008. 4) apologized to everyone for not being present earlier for the meeting and announced for everyone to tune into the meeting that is still gomg on. I ADJOURNMENT The meeting adjourned at 8:39 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 10 of 10