11-18-08 Agenda
OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
November 18,2008
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
Presentation to Officer Dewey Mullan for Officer of the Quarter - CACOPD
Chairperson Grogan. (Continuedfrom the November 4,2008, Commission Meeting)
I C. COMMENTS FROM CITIZENS/PUBLIC
I D. COMMISSIONERS ANNOUNCEMENTS
E. CONSENT AGENDA
ALL MATTERS 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 SEP ARA TEL Y.
1. Approval and Acceptance of the Regular City Commission Minutes of
November 4, 2008. (City Clerk Eikenberry)
2. Consideration to move an Alternate Member to Regular Member Position. (City
Clerk Eikenberry)
The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of
this board is to review infractions of the City technical Codes, negotiate. compliance and impose fines
for failure to comply. The Code Enforcement Board is to have seven (7) regular members and two (2)
alternate members, all with three year terms. There are no applications currently on file. Member Lee
Ann Stanley has announced that she would be resigning from the board as of November 1, 2008,
which leaves a vacant regular member position. There is one alternate member currently on the board.
Staff recommends that the Honorable Mayor and City Commissioners consider moving up Alternate
Member Michael Elliott to the regular member position.
3. Removal of Member from Human Relations Diversity Board for Non-
Attendance. (City Clerk Eikenberry)
Mr. Ibrahim Habach was appointed to the Human Relations Diversity Board in November 2007. The
board currently consists of eight (8) members and require that five (5) be present to make a quorum.
The Human Relations Diversity Board is working on several events that require member participation
and commitment. Mr. Habach has been absent nine (9) out of ten (10) meetings, with only two being
excused. The Human Relations Diversity Board recommends to City Commission that Member
Ibrahim Habach be removed from the board, with the ability to reapply at a later date when his
schedule permits his regular attendance and participation.
4. Reappointment to the CACOFD Board. (City Clerk Eikenberry)
The terms of Members Warren Chanel, Charles Lawrie, Sally Laubenthal, and Frances McEachern
have all expired, and all have indicated an interest in being considered for reappointment. Staff
respectfully recommends that the Honorable Mayor and City Commissioners reappoint Members
City Commission Regular
November 18, 2008
Warren Chanel, Charles Lawrie, Sally Laubenthal, and Frances McEachern to serve on the CACOFD
Board for another term ending November 2011.
5. Water and Sewer System Refunding Revenue Note, Series 2008. (Finance
Director Horton)
The City currently has outstanding $7,790,000 of the Water and Sewer Revenue Bonds, Series 1997
(the "Series 1997"). These bonds have interest rates ranging from 5.20% to 5.625% maturing annually
through October 1,2026. The Series 1997 bonds are callable in whole at any time after September 30,
2008, or in part on any interest payment date (October 151 or April 151) at 100% of the principal amount
redeemed. City Staff and the City's Financial Advisor ("First Southwest") have continued to monitor
the Series 1997 bonds for potential savings through refinancing, and based on current market rates
these bonds are attractive refmancing candidates.
6. Approval of Utility Department's New Equipment Purchase for FY 2008-09.
(Public Works Director Krug)
The budget for Fiscal Year 08/09 includes the purchase of a replacement vehicle for the Utility
Department's truck #803, a 1996 Ford F-350 with 105,000 miles. The Florida Sheriff's
AssociationIFlorida Association of Counties Purchasing Contract, other governmental agency bids and
local vendor's bids were reviewed for the best pricing available for a replacement. Staff recommends
that the City Commission approve the purchase of a 2009 Ford F350 4x4 utility truck with box
mounted lifting crane per the attached quote from the Florida Sheriff s AssociationIFlorida Association
of Counties Purchasing Contract No.: 08-16-0908 provider, Duval Ford Government Sales, for a total
of $49,477.00.
7. Approval to Award Silver Star Landsc~ping Improvement Project to Valley
Crest. (Public Works Director Krug)
The City entered into a Joint Participation Agreement (JPA) with the FDOT on September 7, 2004, for
the Landscaping Improvements on State Road 438 (Silver Star) from Olympus Drive to Woodhaven
Court. In December 2005, the City awarded the landscape design to Herbert-Halback, Inc. (HHI).
HHI provided a design that included irrigation, trees, under story shrubbery and ground covering of
various varieties. The submittal process with the FDOT was completed with fmal approval received in
January of this year. During the submittal process with the FDOT, the City reoriented its landscaping
focus to concentrate on low maintenance plantings that have a history of thriving in a roadway median
environment with minimal watering. Throughout the summer months, City staff met with
representatives from Valley Crest, the City's continuing service landscape maintenance provider, to
determine which aspects of the design will meet the City's landscaping focus. The City resubmitted to
the FDOT a project scope that included irrigation, trees and ground covering for approval, eliminating
the varied understory shrubbery that would be difficult to maintain in a presentable manner after
installation. The FDOT concurred with the City's proposal on November 5,2008, and was supportive
of the City's selection of Valley Crest as they are prequalified as a FDOT contractor. Staff
recommends that the City Commission approve the award of the Silver Star Road Landscaping
Improvement Project to Valley Crest for $157,008.00.
8. Award of Windstone Retrofit and Forest Trail Extension Reclaimed Water
System design services contract to the firm of Inwood Consulting Engineers,
Inc., in the amount of $34,605.00. (City Engineer Wheeler).
The FY 2009 budget includes funds for the retrofit construction of a reclaimed water system within the
Windstone Subdivision with an extension across Clarcona-Ocoee Road to serve the Forest Trail
Subdivision, which already has a reclaimed water distribution system. A City of Ocoee reclaimed
water main presently extends to near the western end of the Windstone Subdivision on Grapevine
Crest. The southern end of the Canyon Trail Ln. main will be designed to extend in the future to serve
the Sawmill Subdivision, while the northern end will cross Clarcona-Ocoee Rd. and connect to the
reclaimed water distribution system already in place in the Forest Trail Subdivision. (The reclaimed
system is presently connected to an Orange County potable water main.) The project area will be
impacted by widening of the Clarcona-Ocoee Rd. by Orange County in 2009. The firm of Inwood
Consulting Engineers, Inc., has been retained by Orange County to design the road project. The City
of Ocoee plans to coordinate the reclaimed water system construction with Orange County's roadway
construction as a way of reducing potential conflicts and costs. It is equally logical to combine the
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City Commission Regular
November 18,2008
engineering work, especially given that Orange County will soon put the road construction project out
for bid. Having one engineering firm do both projects in the same construction area will reduce the
cost of design and facilitate coordination of the two projects.
I F. PUBLIC HEARINGS
9. Tomyn Road Right-of-Way Vacation. (Advertised in the Orlando Sentinel Legal Classified
on Thursday, November 6, 2008) (Principal Planner Fabre)
The subject right-of-way is generally located south of the Florida Turnpike and north of Tomyn
Boulevard. The subject right-of-way runs in an east-west direction from Maguire Road to Tomyn
Boulevard between four vacant commercial parcels. Essentially, Tomyn Road is an unused and
unimproved "paper" roadway. This vacation and abandonment was requested in order to accommodate
future development in the surrounding area. Both Fountains at Highland Park and Diplomat Tower are
programmed to utilize the northern half of the Tomyn Road right-of-way. When right-of-way is
vacated, the City will retain a public easement over the southern 15 feet of the center line of the right-
of-way for future City utilities. Likewise, Progress Energy has requested an easement over the northern
15 feet of the center line of the right-of-way for their future power distribution. All other affected
utility companies were contacted by staff. No letters of objection were received from said companies.
Since the roadway is neither a collector nor an arterial road, a Planning & Zoning Commission
recommendation is not required.
I G. SECOND READING OF ORDINANCES - PUBLIC HEARING
10. Fountains at Highland Park. (Advertised in the Orlando Sentinel Legal Classified on
Thursday, November 6, 2008) (principal Planner Fabre)
The subject site is approximately 12.34 acres in size and is located on the north side of Tomyn
Boulevard and south of the Florida Turnpike approximately 2,000 feet west of Maguire Road (Physical
Address 11311 Tomyn Boulevard). The subject property is currently undeveloped and is covered with
a small variety of trees, of which a majority consists of planted pine trees. Adjacent to the north is the
Florida Turnpike. The land use across the Florida Turnpike is undeveloped and vacant zoned "General
Commercial" C-3. Adjacent to the west is a water retention pond owned by the Florida Turnpike
Authority in unincorporated Orange County. To the east is a large vacant commercial property
(planned to be "Diplomat Tower", a large-scale office building) zoned C-3. Finally, located to the
south across Tomyn Boulevard is a single-family residential (Brookestone) subdivision zoned R-IA.
The property is currently zoned General Commercial (C-3). The Applicant/Owner is requesting a PUD
zoning in order to accommodate for the mixed-use development. The Future Land Use designation for
the site is "Commercial" which allows for a Floor Area Ratio of3.0. The surrounding future land use is
"Commercial" and to the south across Tomyn Boulevard is "Low Density Residential."
a. PUD Land Use PlanlRezoning Ordinance
b. Preliminary Subdivision/Site Plan
c. Development Agreement
I H. FIRST READING OF ORDINANCES
11. Ordinance Regulating Bowfishing. (Second Reading and Public Hearing scheduled for
December 2, 2008) (Deputy Police Chief Goclon)
The City of Ocoee desires to ensure the safety of children and other persons making use of lakes within
the city and has determined that.the unregulated practice of bowfishing at those lakes poses a threat to
the continuing safety of those children and other persons in close proximity of the bowfishing activity.
An ordinance is proposed to regulate distances, locations, and types of equipment related to
bowfishing.
12. Adoption of Ordinance Regarding Trees on Public Lands. (Second Reading and
Public Hearing scheduledfor December 2,2008) (Parks and Recreation Director Hayes)
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City Commission Regular
November 18, 2008
The importance of trees to the community has been expressed by the City Commission for some time,
along with its desire to obtain the Tree City USA designation from the National Arbor Day
Foundation. In recognition of this sentiment City Staff has developed an ordinance for consideration
that is intended to protect trees on public property and meet the requirements for Tree City USA
recognition. The intent and purpose of this ordinance is to regulate and establish policy for the control
of planting, removal, maintenance and protection of trees and shrubs in or upon all public lands to
eliminate and guard against dangerous conditions which may result in injury to persons using the
streets, alleys, sidewalks, parks, or other public lands; to promote and enhance the beauty and general
welfare of the City; to prohibit the undesirable and unsafe planting, removal, treatment and
maintenance of trees and shrubs located on public lands; and to guard all trees and shrubs both public
and private within the City against the spread of disease, insects or pests. The ordinance applies to
trees and shrubs planted or growing in or upon public lands, and also to trees and shrubs growing or to
be planted in or upon any private premises which shall threaten the life, health, safety or welfare of the
public using public lands.
13. Red Light Enforcement Camera Ordinance. (Second Reading and Public Hearing
scheduledfor December 2,2008) (Police Chief Brown)
The City of Ocoee desires to ensure the safety of the citizens that travel the roadways within the city
limits. The disregard of traffic control signals within intersections poses a threat to all citizens which
travel our roadways. Of the 86 traffic crashes for the month of October, 28 were at intersections. This
ordinance is proposed to assist with traffic light safety to provide a uniform means to implement a
Traffic Control Signal Monitoring System/Device. This system is in use throughout the State of
Florida, as well as neighboring communities such as City of Apopka, City of Orlando and
Unincorporated Orange County. The purpose of this Ordinance is to authorize the use of an unmanned
cameras/monitoring system to promote compliance with red light signal directives as prescribed by this
Ordinance, and to adopt a civil enforcement system for red light signal violations. This Ordinance shall
be supplemental and in addition to any other applicable law and shall not supersede, infringe, curtail or
infringe upon state laws related to red light signal violations or conflict with such laws.
I I. REGULAR AGENDA
14. Approval of Lease-Purchase of New Pierce Enforcer Custom Pumper. (Fire
Chief Firstner)
The Fiscal Year budget for 08/09 approved the addition of a Fire Station and personnel in District One.
The Fire Department will provide a reserve engine as the assigned apparatus, which is currently in
inventory and available. A new engine will be required to be purchased to provide first line coverage
from this station. Authorization is needed to piggyback the St. Johns County Contract RFP-07-53 for a
Pierce Enforcer Custom Pumper.
15. Appointment of Commissioner to Selection Committee for RFQ #0901
Continuing Contracts for Engineering Services. (purchasing Agent Tolbert)
In compliance with City Commission direction of October 2, 2007, staff is requesting a Commissioner
be appointed to the Selection Committee to evaluate responses received for RFQ #090 I Continuing
Contracts for Engineering Services. The selection committee meeting is tentatively scheduled for
Tuesday, January 13,2009, at 10:00 a.m.
16. Appointment of Commissioner to Selection Committee for RFP #09-002
Continuing Contracts for Planning Services. (Purchasing Agent Tolbert)
In compliance with City Commission direction of October 2, 2007, staffis requesting a Commissioner
be appointed to the Selection Committee to evaluate Proposals received for RFP #09-002 Continuing
Contracts for Planning Services. The selection committee meeting is tentatively scheduled for Monday,
December 2, 2008, at 10:00 a.m.
17. Appointment of Commissioner to Selection Committee for RFP #09-003 City-
Wide Air Conditioning & Heating. (Purchasing Agent Tolbert)
In compliance with City Commission direction of October 2, 2007, staff is requesting a Commissioner
be appointed to the Selection Committee to evaluate Proposals received for RFP #09-003 City-Wide
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City Commission Regular
November 18, 2008
Air Conditioning & Heating Maintenance Term Contract. The selection committee meeting IS
tentatively scheduled for Monday, December 16,2008, at 10:00 a.m.
18. Staff Presentation of Water Conservation Ordinance Programs, Seeking
Direction of Commission. (Utilities Director Smith)
The City of Ocoee's groundwater supply, like all of Central Florida's communities, is finite and the
City must take steps to control it through conserving its usage. To accomplish this goal, Staff will
present to City Commission the underlying premises for a new Water Conservation Ordinance that
should ensure a successful water conservation program. Such premises shall include adoption of
WaterStar™ program for new residential properties, establish water budgets based on an allowable
annual irrigation depth-coverage, providing for a reward/incentive program for customers adhering to
the water budget program, revising the watering violation procedures and limiting hours of irrigation.
19. Consideration of Holiday Schedule for 2009. (City Clerk Eikenberry)
Section 8.01 of the Personnel Rules and Regulations (attached) lists Holidays that will be observed
annually in the City of Ocoee. Each year certain holidays need to have the dates chosen according to
where they fall on the calendar and those dates are approved by the City Commission. Additionally, at
the November 4,2008 Commission Meeting, Commissioner Johnson suggested adding Veteran's Day
to the list of Holidays. Attached is a survey of other city's observance of holidays as submitted by HR
Director Carnicella.
20. Possible Grant Contribution to Ocoee
Championship Games in Palm Coast, Florida.
Bulldogs toward Travel
(Mayor Vandergrift)
for
I J. STAFF REPORTS
I K. COMMENTS FROM COMMISSIONERS
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. LAKESHORE DRIVE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE OF THE
MEETING.
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