05-06-08 Agenda
OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
May 6, 2008
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
Proclamations - Mayor Vandergrift
> National Electrical Safety Month - May 2008
> Municipal Clerks Week - May 4th - 10th
> Therapy Dog Awareness Day - May 10th
Presentation - Florida Outboard Association presentation to Ocoee Woman's Club
and the City of Ocoee. (Commissioner Anderson)
Presentation - 2007 Audit Report - Elden McDirmit, C.P.A. (Finance Director
Horton)
Presentation - Officer of the Quarter Award (CACOPD Chairman Grogan)
I Co COMMENTS FROM CITIZENS/PUBLIC
I D. COMMISSIONERS ANNOUNCEMENTS
E. CONSENT AGENDA
ALL MATIERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE 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 SEPARATELY.
1. Approval and Acceptance of the Regular City Commission Minutes of April 15,
2008. (City Clerk Eikenberry)
2. Reappointments to the Human Relations/Diversity Board. (City Clerk
Eikenberry)
The tenns of Members Fay Alston, Lester Dabbs, and Dorcas Dillard expire this month, and Fay
Alston and Lester Dabbs have indicated an interest in being considered for reappointment. The
following reflects the attendance of the board members considering reappointment: Fay Alston
attended 14 of 21 meetings and Lester Dabbs attended 18 of 23 meetings. Dorcas Dillard does not
wish to be reappointed to the board at this time, due to her many other current obligations.
3. Appointment to the Community Grant Review Board. (City Clerk Eikenberry)
Members of the Community Grant Review Board serve two-year tenns. The Community Grant
Review Board currently has four (4) members and their resolution allows no more than five (5)
members. One application was received from Rosemary Wilsen with an interest in serving on the
board. There are no additional applications on file.
City Commission Regular
May 6, 2008
4. Appointment to the Parks and Recreation Advisory Board. (City Clerk
Eikenberry)
Members of the Parks and Recreation Advisory Board serve two-year terms. The Parks and
Recreation Advisory board currently has ten (10) members and their ordinance allows no more than
thirteen (13) members. One application was received from Jane Rainer with an interest in serving on
the board. There are no additional applications on file.
5. Appointment to the Citizens Advisory Council for Ocoee Fire Department
(CACOFD). (City Clerk Eikenberry)
Members of the Citizen Advisory Council for Ocoee Fire Department serve three-year terms. The
Resolution creating the Board allows fifteen (15) to twenty-five (25) members. The board currently
has eleven (11) members. One application was recently received from Fred Wilsen with an interest in
serving on the board. No other applications are on file.
6. Appointment to the Citizen Advisory Council for Ocoee Police Department
(CACOPD). (City Clerk Eikenberry)
Members of the Citizen Advisory Council for Ocoee Police Department serve three-year terms. The
Resolution creating the Board allows fifteen (15) to twenty-five (25) members; however the consensus
of the Board was to function more efficiently with fifteen (15) members. The board currently has ten
(10) members. One application was recently received from Fred Wilsen with an interest in serving on
the board. No other applications are on file.
7. Award of RFQ #0802 Continuing Contracts for Landscape Architectural
Services to Bellomo Herbert & Co. Ine; HHI Design; and Glatting Jackson Kercher
Anglin. (Purchasing Agent Tolbert)
The City's continuing contracts for landscape architectural services have either expired or are non-
existent. In compliance with State Statutes Section 287.055 and the policies and procedures of the City
of Ocoee Code Chapter 21, a Request for Qualifications (RFQ) was advertised with the intention to
award continuing contracts for landscape architectural services to no fewer than two (2) firms deemed
to be the most highly qualified to perform the required services. Firms selected by the City will
provide landscape architectural services to the City on an as needed basis, where the professional fees
for studies are under $50,000 and construction costs are under $1 million, based upon task orders to be
issued by the City under the continuing contracts. The contracts shall automatically be renewed
annually unless terminated by the City, for a maximum of five (5) years from the date of execution.
8. Award of Bid #B08-06 Pioneer Key II Infrastructure Program to Central Florida
Environmental Corp. in the amount of $1,375,542.62. (purchasing Agent Tolbert)
The Pioneer Key II Infrastructure Rehabilitation Project is intended to correct long-standing
deficiencies in this Ocoee development. Some streets in the development are presently almost
impassible with normal automobiles. Water and sanitary sewer lines are located out of the right of way
and under the homes located on private lots. Stormwater management is very limited. To correct
these problems, the project includes a complete reconstruction of the roadway, installation of
significantly improved stormwater management facilities, and new utilities located within the street
right of way. Narrow, crumbling sidewalks will be replaced with a more robust structure that serves
also as a continuous driveway apron. Construction funding for improvement of public infrastructure is
being provided by Orange County through a federal Community Development Block Grant fund
allocation. Ocoee and Orange County entered into an agreement in 2007 that allows the City to
manage the project, with Orange County providing cost reimbursement up to the budget limit of $1.5
million for allowable expenses. The project was advertised for competitive bid earlier this year and a
number of responsive bids were received. The Engineering Department and Finance Department have
reviewed all bids. Staff recommends awarding the bid to Central Florida Environmental Corp. as the
most responsive and responsible bidder for the amount of $1,375,542.62. The original estimate for this
project was $1,962,500.00.
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City Commission Regular
May 6, 2008
9. Approval of Lakeshore Drive Phase II Improvements. (Public Works Director
Krug)
The Commission awarded the construction contract for the Lakeshore Drive Phase II Improvements on
December 18,2007. Public Works is requesting the Commission to allocate $42,000.00 of additional
funds to the project. These funds would cover costs for geotechnical testing services, right of way
acquisition settlement and miscellaneous design changes during construction. Construction materials
testing services with Nodarse & Associates, Inc., will require $9,447.00. These services will provide
the standard quality assurance testing to ensure the roadway contractor is constructing the new road in
accordance with the contract specifications. Nodarse & Assoc. is one of the City's continuing
geotechnical engineering services firms. Right of way property acquisition was required at the Black
Property, 33 Lakeview Street, in order to harmonize the new roadway with the property. The
settlement for the acquisition requires the City to construct a new driveway apron, an approximate
increase of$3,000.00 to the construction contract. A portion of the remaining funds will be utilized for
the design engineer, PEC, to complete the plan revisions due to conditions encountered in the field.
The exact amount for this work is still being negotiated. The remainder of the $42,000.00 would be
applied to any potential additional construction costs for said field revisions. The $42,000.00 of
additional funds for the project would reallocate $17,000.00 from the miscellaneous sidewalk
construction capital outlay account plus $25,000.00 from the Hawaii Drive sidewalk project.
10. Approval of 2006-2007 Resurfacing Program Close Out Change Order. (Public
Works Director Krug)
The Commission approved the 2006-2007 Resurfacing Program on April 17, 2007. The original
$245,000.00 Purchase Order for the 2006-2007 resurfacing program with Orlando Paving Company
(OPC) was reduced to $221,058.00 due to expected quantity under runs. At the time the Lakeshore
Drive Phase II construction project was awarded on December 18, 2007, Public Works requested the
expected $23,942.00 under run on the OPC Resurfacing purchase order be allocated to the Lakeshore
Drive construction. Following several meetings with OPC, it has been determined that the total cost
for the actual pavement installed due to quantity over runs is $263,463.13, an increase of $18,463.13,
approximately 7% above the original purchase order amount. The anticipated $23,942.00 under run
must be allocated back into the purchase order requiring $42,405.13 total in order to complete the
2006-07 resurfacing program.
11. Approval of Addendum to Professional Architectural Contract for Engineering
Services for Interior Renovation of the New Police Headquarters. (public
Works Director Krug)
The Commission approved the contract with HKS Architects for the interior renovation of the new
Police Headquarters at the February 19, 2008, Commission Meeting. The approval allowed for the
addition of anticipated engineering costs for mechanical, electrical, plumbing, fire protection,
communications, technology and security services. City Staff, HKS and TLC Engineering have
completed several meetings at the building site to determine the scope of services for this work.
Through HKS, TLC Engineering proposes to provide professional engineering, design and
construction services for heating, ventilating and air-conditioning (HV AC), plumbing, electrical, fire
protection, communications, technology and security engineering. These services will be provided
through, and coordinated by, HKS as an addendum to their contract. The estimated engineering design
services fee is $30,500.00 plus a not to exceed amount of $9,000.00 for construction administration
and reimbursable expenses. Funding is included in project budget.
12. Approval of Amendments to the Preliminary/Final Subdivision Plan for Slone
Landing (flk/a Foote Property). (Senior Planner Howell)
On November 1,2005, the City Commission approved a Preliminary/Final Subdivision Plan for Slone
Landing. The subject property is located on the northwest comer of the intersection of Bluford Avenue
and Orlando Avenue, north of Fire Station #1. The Preliminary/Final Subdivision Plan permitted the
construction of 4 single-family detached units on 2.72 acres. The approved plan details the extension
of Orlando Avenue to the west side of Lot 4, and requires access for Lots 1-3 to be from Orlando
Avenue, with the access for Lot 4 being provided from Cumberland Avenue. The first request is to
change the point of access for Lot 3 from Orlando A venue to an access easement over Lot 4, which has
its approved point of access on Cumberland A venue. Condition of Approval 20 of the approved
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City Commission Regular
May 6, 2008
Preliminary/Final Subdivision Plan states "there shall be no access from the property to any public
road except at the approved locations shown on the approved Final Subdivision Plan." The second
request is to eliminate the requirement of extending Orlando Avenue to the west side of Lot 4. This
proposal would allow only Lots 1 and 2 to have their point of access from Orlando A venue. Section
6.2 (A) (5) of the Land Development Code requires all lots to front on a paved road, have their primary
access on a street paved to City standards, and requires existing unimproved City rights-of-way that
abut subdivisions to be paved and improved at the developer's expense. This is depicted on the
approved Preliminary/Final Subdivision Plan. Furthermore, Section 6.2 (A) (5) of the Land
Development Code requires the developer to pave a street from the entrance of the development to the
nearest public paved road. During the review of the approved Preliminary/Final Subdivision Plan; staff
liberally interpreted this section of the Land Development Code and allowed the developer to extend
Orlando Avenue to the west side of Lot 4, instead of to Kissimmee Avenue, which is the nearest public
paved road.
13. Award of Engineering Contract to CPH, Inc. for Relocation of Utilities
Associated with the SR 50 Widening Project with FDOT. (City Engineer
Wheeler)
The Florida Department of Transportation has planned for and prepared design drawings for the
widening of SR 50 - West Colonial Drive. The City has been informed that some if not all of our
water and sewer pipelines will be required to be relocated to not be in conflict with the FDOT
proposed facilities. The City's water and sewer facilities are not the only utilities that are required to
be relocated. All of the utilities within the right-of-way are affected; telephone, cable TV, electrical,
natural gas, and others. The funding has not been secured for the construction of the road widening
project, so there is no set time line on the project, at this time. Earlier this year the City selected CPH,
Inc. through the Consultants Competitive Negotiation Act as its engineer of record for this project.
Staff has negotiated the fee proposal for the project and is ready to start working with FDOT on our
design project. The proposal currently does not anticipate designing the relocation of every linear foot
of water main, gravity sewer, and sewer force main. CPH and the City do not believe that all the
pipelines need to be relocated, however we have not had detailed discussions with FDOT, yet. CPH,
Inc. proposal is for $356,186.62 and includes tasks for Preliminary Engineering; Survey, Geotechnical
and Environmental Investigations; Preparation of Construction Documents; Permitting; Public Meeting
and Construction Notification; and Bidding Assistance. The proposal does not include Construction
Assistance at this time because of the lack of schedule from FDOT and the scope of the work. The
construction assistance may be added in the future as necessary. While the initial tasks need to be
completed within a year, the 100% construction documents, permitting, and bidding assistance will not
need to be performed until FDOT sets their schedule. The City will pursue a Joint Participation
Agreement program with FDOT, to include the City's work in the FDOT road project. However, some
of our work may be accomplished as part of a development project prior to the road widening project.
14. Approval and Authorization to Execute an Agreement with Ranger
Construction Industries, Inc. to Relocate a 12-inch Sanitary Sewer Force Main
Under the Florida Turnpike in Order to Avoid a Conflict with Widening of that
Highway for the Amount of $411,227.75. (City Engineer Wheeler)
The City's utility operation has three crossings of Florida's Turnpike, which is presently undergoing a
significant widening project in the Ocoee area. The largest of these crossings occurs at Maguire Road,
where potable water, reclaimed water, and sanitary sewer mains are located. It was discovered late in
the design process for the widening project that the l2-inch sanitary sewer force main and 12-inch
potable water main were in conflict with the widening project due to a loss of vertical separation. The
initial expectation was the City would have to relocate both utility mains to a lower depth, but
subsequent analysis using the water flow model showed that the City could maintain sufficient potable
water flow and pressure without the water main. This left the sanitary sewer force main-the only link
flowing north from the portion of the city south of the Turnpike-as the primary focus of the utility
relocation project. In anticipation of project costs, the City budget for FY 2006/07 allocated $150,000
for design and right of way acquisition. The FY 2007/08 budget allocated $440,000 for construction.
The actual cost for design was $37,380.00, including the system modeling work, substantially less than
anticipated. Ranger's cost proposal for the relocation work is also below budget at $411,227.75.
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City Commission Regular
May 6, 2008
I F. PUBLIC HEARINGS - None I
I G. REGULAR AGENDA I
15. Approval of Request for Reduction of Fine and Release of Lien Code
Enforcement Board Case No. 07-078, Fernando M. and J.E. Macon and JPFD
Investment Corp. (Building Official Jones)
On May 15,2007, Code Enforcement Officer Theresa Rodriguez observed violations of city code on
the property located at 2405 Johio Bay Drive, Ocoee, Florida. The violations observed were overgrown
grass/weeds on a vacant lot. A Notice of Code Violation and a Notice of Hearing were sent to the
property owner Fernando M and J E Macon and JPFD Investment Corp. on June 6, 2007, to appear at
the Code Enforcement Board on June 26, 2007. A Compliance Order was issued by the Code
Enforcement Board giving the Respondent until July 10, 2007, to comply or pay a fine of $100.00 per
day until the property was brought into compliance. An Order Imposing Fine and Lien was ordered at
the Code Enforcement Board Meeting on July 24,2007. The fme accrued daily until the property was
re-inspected on January 31, 2008, and found in compliance. The total amount of the fme is $20,400.00.
The Code Enforcement Board recommended a reduction of fmes to $2,500.00 if paid within 7 days of
the Commissions approval. It is staff's recommendation to support the decision made by the Code
Enforcement Board.
16. Approval of Request for Reduction of Fine and Release of Lien Code
Enforcement Board Case No. 07-211, J P Morgan Chase Bank. (Building
Official Jones)
On October 9,2007, Code Enforcement Officer Theresa Rodriguez observed violations of city code on
the property located at 2224 Twisted Pine Road, Ocoee, Florida. The violations observed were
overgrown grass/weeds and swimming pool was dirty and green. A Notice of Code Violation and a
Notice of Hearing were sent to the property owner J P Morgan on November 1,2007, to appear at the
Code Enforcement Board on November 27, 2007. A Compliance Order was issued by the Code
Enforcement Board giving the Respondent until December 7, 2007, to comply or pay a fine of $250.00
per day until the property was brought into compliance. An Order Imposing Fine and Lien was ordered
at the Code Enforcement Board Meeting on January 22, 2008. The fme accrued daily until the property
was re-inspected on March 24, 2008, and found in compliance. The total amount of the fme is
$26,750.00. The Code Enforcement Board recommended a reduction of fines to $7,500.00 if paid
within 7 days of the Commissions approval. It is staffs recommendation to support the decision made
by the Code Enforcement Board.
17. Approval of Resolution Establishing a Development Review Application Fee for
Annexations with Initial Zoning on Parcels of One Acre or Less. (planning
Director Wagner)
The City Commission requested staff to look into reducing the application costs for Annexations with
Initial Zoning for individual single family lots and smaller properties from $500 to $250. Staff
believes that owners of properties one acre or less in size would benefit most from this reduction since
they are normally not developers.
18. Approval of Bus Bench Agreement. (Planning Director Wagner)
On April 16, 1996, the City entered into a 12 year agreement with the West Orange Jaycees, MADD of
Central Florida, and the Boys and Girls Club of Central Florida (the "Clubs") to permit placement of
bus benches throughout the community. The benches were to be placed as a community service
project to benefit the general traveling public and to provide revenue for the organizations through the
sale of advertising on the backrest of each bench. The agreement pertaining to the bus benches expired
on April 16, 2008. Over the last several years the City has been approached by various companies
wishing to place bus shelters throughout the community in an attractive setting. The current agreement
has precluded any other groups from providing additional facilities. Staff believes that the best
approach to provide bus shelters and benches throughout the City is to solicit proposals through an
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City Commission Regular
May 6, 2008
RFP process which will ensure that design and placement corresponds to City Standards to enhance the
community's neighborhoods, commercial corridors and, particularly, the CRA.
19. Approval of Resolution Authorizing Condemnation for the Maguire Road Phase
V Improvement Project. (City Attorney Solik)
Maguire Road Phase V requires that condemnation proceedings be instituted to acquire necessary
right-of-way.
20. Approval of Prima Vista Utility Reserved Wastewater Capacity - Purchase of
Expiring Capacity. (Utilities Director Smith)
On December 30, 1987, the City entered into various Waste Water Developer Agreements which
reserved sewer capacity with the City (the "WDA's). The WDA's were entered into in connection
with the City purchase of its sewer system from Prima Vista Utilities ("PVU"). The sewer capacity
was originally schedule to expire on December 31, 1997. In October 1992, the City extended the
reservation of capacity to December 31,2002. In May 1995, the City further extended the reservation
of capacity to December 31, 2007. The reserved sewer capacity has now expired and is required to be
surrendered to the City, absent a further extension by the City. The City is required to re-purchase the
surrendered capacity in accordance with the terms of the WDA's.
I H. STAFF REPORTS
I I. COMMENTS FROM COMMISSIONERS
21. Bring Kids to Work Day. (Mayor Vandergrift)
I ADJOURNMENT
PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTES 286.0105: ANY PERSON WHO DESIRES TO
APPEAL ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH 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. LAKE SHORE DRIVE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE OF THE
MEETING.
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