02-17-09
MINUTES
OCOEE CITY COMMISSION
February 17,2009, 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 Keller gave the Invocation and Commissioner Hood
led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a
quorum present.
I B. PRESENTATIONS AND PROCLAMATIONS
None
I C. COMMENTS FROM CITIZENS/PUBLIC
None
I D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank asked that Item #12 be pulled from the agenda due to some issues they
will need to work further with the contractor on. It will be brought back before the City
Commission at the next regular meeting on March 3, 2009. Without obiection Item #12
was pulled.
City Manager Frank announced that city staff was successful in getting two road projects
approved on the Metro Plan Maintenance and Operations Funding list for federal stimulus
money when it becomes available; the projects are ranked fairly high on the listing and include
Clarke Road resurfacing, construction north of Silver Star Road, and the White Road/Clarke
Road turn lane construction. City Manager Frank thanked Public Works Director Krug and
City Engineer Wheeler for working with Orange County on this.
City Manager Frank gave an update on Sorenson Field which is getting new fencing and will
be completed by end the of week. Also gave an update on Lakeshore Drive Park which is
receiving new pavilions, picnic tables, grills, and a water fountain; this project is also anticipated
to be completed by the end of the week.
City Manager Frank said that at a previous meeting City Commission spoke at length about the
Progress Energy Increase. Progress Energy has put out a Press Release which was forwarded to
all of them. Progress Energy is now proposing a 15% reduction for residential and commercial.
This decrease was made after the 25% increase.
City Manager Frank lastly announced that the Parks and Recreation Department will be
hosting a movie in the park at Bill Breeze Park. This event is free; it is scheduled for Saturday,
March 7th; they will be premiering Madagascar II - Escape to Africa.
City Commission Regular
February 17, 2009
I E. COMMISSIONERS ANNOUNCEMENTS
_ (1) reminded all that the Human Relations Diversity Board (HRDB) will
be sponsoring an event in the Commission Chambers tomorrow night to announce the winners of
the Black History Month Essay Contest. All are welcome to attend. (2) the HRDB is sponsoring
the OrisiRisi Program, free of charge, at the Ocoee Middle School on February 19th at 7 pm. (3)
reminded all that Ocoee High School will be having a chorus concert on March 20-21 with a
country theme. He said admission for that was $10 for adults and $5 for students. (4)
congratulated Officer Dyer for receiving an award for Crisis Intervention Team of the Year
member. (4) Announced that three burglars were caught in the act last week in Ocoee and
thanked Ocoee officers for a job well done and an effective neighborhood watch program. Chief
Brown reported another arrest yesterday for a stolen car and attempted home break-in. (5)
congratulated Chief Firstner' s squad of firefighters for an enjoyable ride along he participated in.
He added that they did a great job at a trailer fire in Pioneer Key by saving all the surrounding
homes. He also mentioned that Firefighter Jessica Hill donated her long hair to Locks for Love
for a child with cancer. He was so proud of all the great things our Fire and Police do for our
community.
._ (1) recognized his brother-in-law, Terry Graham, retired army
sergeant who 'ust returned from Iraq.
(1) reminded everyone that the opening day for Ocoee Little League was
March 8 and they would be having a carnival for three days. (2) Ocoee Recreation Dept. is
doing registration for adult football beginning in March and gave details. (3) said Ocoee Police
will be doing a mock DUI event at Ocoee High School on February 20th at 9:30. (4) spoke with
Ms. Moore and learned that Hackney Prairie School is going to be held up for two more years
because of the budget, also talk of cutting back sports in school. He stated that Clarcona, Spring
Lake, and Citrus are all overcrowded so it is a shame to lose this one.
1_ (1) stated that Lynx is threatening to cut off the route to the Ocoee High
School; he has tried for years to get them to work with the school system for busing. (2)
mentioned a radio ad for Ford Escape Hybrid SUV for $22,000. He said his Prius cost $21,000 a
few years ago so that is a very good deal. City Manager Frank announced the City has two
Ford Escape Hybrid SUVs that and they are doing well. Commissioner Anderson stated he
received an anonymous concern about a broken down truck in a neighborhood. Mayor
Vandergrift said that issue was being handled and takes about 30 days for the process to be
complete. Mayor Vandergrift announced that there will be a charity Golfing Fore Autism
tournament on June 27, 2009, and he has entry forms for those who are interested.
I F. CONSENT AGENDA
Consent Agenda Vote
Commissioner Keller. seconded bv Commissioner Anderson. moved to approve
Consent Aaenda Items 1-9. as presented. Motion carried 5-0.
1. Approval and Acceptance of the Special Session Minutes of January 26, 2009, and
Regular City Commission Minutes of February 3, 2009. (City Clerk Eikenberry)
Approved on Consent. Motion carried 5-0
Page 2 of9
City Commission Regular
February 17,2009
2. Approval of Lift Station #7 Back-up Power Supply (Generator) Piggybacking off of the
Florida Sheriff's Association 2009 Bid Contract. (Utilities Director Smith)
City Commission previously (December 2, 2008, Commission Meeting) approved the relocation of Lift Station
#7. The previous approval by Commission authorized the City Manager to proceed with the purchase of a new
generator, not to exceed $95,000, based on the City's purchasing policy.
Approved on Consent. Motion carried 5-0
3. Approval of Lift Station #7 and Forcemain Relocation - Temporary Construction
Easements. (Utilities Director Smith)
Previously, City Commission approved the State Road 50 Forcemain project, which included the refurbishing of
Lift Station #7 to be subsequently relocated and reconstructed 875 feet north and just west of the existing
Richmond A venue. The revised work consisted of elevating the new lift station site and constructing a deep
gravity line/manhole system from the old lift station to the new site. The work will require transitional grading
around the new station site and restoration along the gravity line due to construction disturbance extending onto
the private property. In order to perform that work and utilize the affected private property, the property owners
have agreed to grant the City a Temporary Construction Easement.
Approved on Consent. Motion carried 5-0
4. Approval of Resurfacing Blackwood Avenue from Old Winter Garden Road to SR 50
with Orlando Paving Company for $110,961.85, based on the Seminole County
Contract RFP-4242-05/GMG. (public Works Director Krug)
The City has solicited a proposal from Orlando Paving Company to mill and resurface Blackwood A venue from
Old Winter Garden Road to SR 50 as part of the CRA. This work will piggy back off of Seminole County
Contract RFP-4242-05/GMG, Third Amendment to Term Contract for Purchase of Road Construction Products
and Related Materials and in-Place Services (Part A).
Approved on Consent. Motion carried 5-0
5. Approval of FDOT Memorandum of Agreement, Contract No. AP161, 1st Renewal,
State Job No. 244298-1-72-07. (public Works Director Krug)
The City entered into a contract with the Florida Department of Transportation for routine maintenance of the
State rights-of-way in April, 2008. FDOT is requesting the City execute the fIrst renewal of this contract at
$35,535.00. This amount represents a 3% increase from the previous contract period.
Approved on Consent. Motion carried 5-0
6. Approval of Miscellaneous Resurfadng of City Str~ts with Orlando Paving Company
for $195,840.95, based on the Seminole County Contract RFP-4242-0S/GMG. (public
Works Director Krug)
$300,000.00 has been budgeted this fIscal year for miscellaneous resurfacing of streets within the City.
$6,124.00 has already been expended for paving the approaches to the reconstructed railroad crossing at
Bluford Avenue. The Public Works Team is proposing to resurface the West Orange Industrial Park which
includes Enterprise Street, Capitol Court and Roper Parkway at a cost of $124,467.70. The following
residential streets are also proposed for resurfacing; Little Rock Street, Sand Pine A venue, Springfoot Street,
Blue Spring Court and Freedom Court at a cost of$57,487.75. Additionally, 408 linear feet ofEl Marra Drive
west of Canyon Trail in the Windstone Subdivision has experienced premature failure of the asphalt pavement
and will be milled and resurfaced for $13,885.50. The total cost of resurfacing these three areas is $195,840.95
based on the proposals from Orlando Paving Company which will piggy back off of Seminole County Contract
RFP-4242-05/GMG, Third Amendment to Term Contract for Purchase of Road Construction Products and
Related Materials and in-Place Services (Part A).
Approved on Consent. Motion carried 5-0
Page 3 of9
City Commission Regular
February 17,2009
7. Approval of Stormwater Division Backhoe Replacement. (Public Works Director
Krug)
The Public Works Stormwater Division backhoe is due for a major service of over $10,000.00. Due to the
current economic condition of the construction industry, Public Works approached the major local equipment
suppliers to determine if the cost to purchase a used backhoe from their dormant rental fleets would be a more
prudent use of the repair funds and provide the City an opportunity for an equipment upgrade.
Approved on Consent. Motion carried 5-0
8. Approval of Payment to Homes In Partnership for Upsizing Utility Pipelines in the
Lakewood Manor Development. (City Engineer Wheeler)
The Lakewood Manor subdivision is located at the western end of Wurst Road and comprises 54 residential lots
constructed by Homes In Partnership, Inc. The project included the extension of Wurst Road and water, sewer,
and reuse pipelines to the west to serve the proposed new subdivision and for future extension on to the west to
Ocoee-Apopka Road. The new subdivision would have only needed an 8 inch water main, a 6 inch sewer force
main, and a 6 inch reuse main for adequate service to all of the lots. The water and reuse mains are extended
from Lakewood Avenue west and the sewer force main extends from the development's lift station
(approximate western property line to Little Spring Hill Drive. However, the City requested that HIP, Inc.
install 12 mains for water, sewer, and reuse mains to be able to extend service to the area to the west along
Ocoee-Apopka Road for future development without having to dig up and replace the pipelines installed by
HIP, Inc. City staff agreed to pay for this upsizing of those pipelines as expansion of facilities for growth
purposes with the monies to come out of the Water/Sewer Capital Account. The cost difference between the
needed sizes and the upsize to 12 inch pipelines is $138,046.00.
Approved on Consent. Motion carried 5-0
9. Approval of Change Order No.2 with Professional Engineering Consultants' Inc., in
the amount of $30,000 for Assistance with Right-of-way Acquisition Associated with the
Maguire Road Phase V Project. (City Engineer Wheeler)
Three portions of Maguire Rd. and its continuation as Kissimmee Avenue and H.M. Bowness Road remain to
be reconstructed to provide additional lanes of travel. Maguire Road Phase V addresses Segment 3 of the
overall project, which begins at a point north of Colonial Drive (SR 50) to the intersection of Story
Road/Geneva Street. Phase V will widen Maguire Rd. to a five-lane cross-section and address stormwater and
sanitary sewer force main issues along this portion of the roadway, which traverses a commercial area. The
design portion of the work has reached the 95% completion level and right of way acquisition is underway.
Most of the property owners have raised issues in the course of the acquisition process, which requires technical
support of the City's legal team. The fmn of Professional Engineering Consultants, Inc. (PEe) was awarded the
engineering design contract and is in the best position to provide the technical assistance required to
successfully complete right of way acquisition and prepare the project for construction. Accordingly, the
engineering contract was amended in February 2006 to add $37,207.61 for technical services in support of right
of way acquisition. Since that time, it has become apparent that additional assistance will be required to
complete right of way acquisition.
Approved on Consent. Motion carried 5-0
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City Commission Regular
February 17,2009
I G. PUBLIC HEARINGS
10. Arden Park North - Preliminary Subdivision Plan. (Advertised in the Orlando Sentinel, Legal
Classified on Thursday, February $,2009) (Senior Planner Howell)
The subject property is located on the north side of Clarcona-Ocoee Road, west of Hobson Road, and east of
Ingram Road. The subject property is 316.38 acres in size and is currently zoned PUD (Planned Unit
Development). The Preliminary Subdivision Plan (PSP) for Arden Park North specifies how the remaining
phases (2-6) of the development will be subdivided and ultimately developed. The project will have a net
density of2.95 dwelling units per acre, with a total of767 lots. Of the 767 total lots, 445 will be detached and
322 will be attached. For the attached lots, the lot size will be 20' x 110', while the detached lots will have sizes
of 55' x 125', 75' x 125', and 85' x 125' respectively. The developer has indicated that Final Subdivision
Plans for each phase will be submitted individually. As was indicated during the presentation of the Pun Land
Use Plan, there are many areas on the property where tree protection and preservation of trees that are 24-inches
and above will be required. In order to expedite the review of the PSP, it was agreed that tree protection and
preservation will be addressed in detail during the review of the FSP for each respective phase. Each of the lots
will be graded on an individual basis to allow for increased tree protection on the site.
Senior Planner Howell gave a presentation on this development.
Commissioner Anderson asked if Orange County's plans to widen Clarcona Ocoee will change
if we build up all around it. Will they try to tell us it is our responsibility? City Engineer
Wheeler said it is a County Road; we have informed them we do not want it. He said the bid
process underway now is the portion east of Clarke Road to Hiawassee; it will take
approximately 20-24 months. He added that 18 months into this project, they will begin the
second phase from they will do the western portion out to the 429, which will be an 18 month
project. Commissioner Hood said he does not want that to be a traffic issue once this
development is occupied. Mr. Wheeler said the developer is contracting with the county to cut
off that angle with the two sharp turns, but it is not tied to his Ocoee Pines Project. He added that
Orange County feels that there will not be a traffic problem. He said he will keep the
Commission informed.
Commissioner Keller asked about the meeting room being in Phase 4 and inquired where the
people will meet. Planner Howell said it is tied to a certain number of Certificate of
Occupancies.
Commissioner Keller asked about the Phase 4 portion being close to the Flood Plan area.
Planner Howell said the PUD allowed that some amenities be constructed in this area, there
were some waivers. He said this is preliminary; they will have to take a closer look at it before
the Final PSP.
Commissioner Keller thanked them for putting the 8 foot sidewalks on Clarke Road, but asked
if the Ingram Road sidewalks were also 8 foot. Planner Howell said he believes they are 6 foot
sidewalks.
Commissioner Keller asked if the West Orange Trail have to be realigned with this; Planner
Howell said with the road widening it may have to be widened because the Trail is pretty far
back, but it does not appear that will have to happen based on the current configuration.
Page 5 of9
City Commission Regular
February 17,2009
Rebecca Furman, Beezer Homes, said that the PSP meets all of the requirements in the PUD
that was previously approved and other applicable city codes. They anticipate built out of this
northern section in five to seven years. They are getting all the permits in place so they are ready
to go when the market returns. She added that the meeting room is placed where it is because of
the topography; there is a 6-8 foot height change. She said the Clarcona Ocoee Road is
important to them because to market these residences they will need to have good ingress/egress.
She said when they began this project the roadway was funded and now it is unfunded. They are
working with Orange County to keep that roadway project on the forefront and they are ready to
convey property as soon as they need it.
Commissioner Hood asked if anyone has heard when the County will fund this road project
again. Ms. Furman said her information was that they are supposed to be ready to go when the
eastern portion is finished.
Mayor Vandergrift opened the Public Hearing.
Karen Block, resident of McCormick Woods, said she is a Professional Planner for another city,
asked for clarification on the phasing of the PUD, such as the number of units per phase and the
concurrency would occur. City Attorney Rosenthal said it was addressed at the time of the
PUD zoning for the project. Ms. Block said construction plans were approved last year, but
there has been no construction, and asked if that will that expire soon. Planner Howell said it
will expire after the one year approval period and then they would have to apply for an
extension.
Ms. Block asked if there were permissions tied to Phase 1 that would impact future Phases.
Planner Howell said not that he is aware of. She also asked if items in Condition 70 had taken
place; City Attorney Rosenthal said it had not because they have not commenced construction.
He said if she looked at the PUD that answers most of her questions. Ms. Block said if all
conditions have not been met associated with Phase 1; wouldn't that be inconsistent with
Condition 70? City Attorney Rosenthal said this is the PSP, they are not seeking to obtain
building permits or infrastructure permits and don't get any entitlement to do so with this
approval; that would come via the Final Subdivision Plan.
Mayor Vandergrift closed the Public Hearing.
Commissioner Keller. seconded bv Commissioner Johnson. moved to aDDrove
the Arden Park North Preliminary Subdivision Plan. as Dresented bv staff. Motion
carried 5-0.
Break from Agenda
Mayor Vandergrift asked Community Relations Manager Wright to tell everyone about what
her niece won from an essay contest. Ms. Wright said her niece, Morgan Smith, 5th grader and
Ocoee resident, won a statewide contest for the Governor's Black History Month Essay Contest.
Morgan won a four year college scholarship. She will be here tomorrow night for our HRDB
Black History Month Essay Contest, and she will read her essay.
Myra Kinney, from the Historical Commission, told everyone about a book that included the
Withers Maguire House. It is called "Great Houses of Florida" where 40 homes were featured,
four of them from Orange County. She said there is a wonderful spread on the Withers Maguire
House.
Page 6 of9
City Commission Regular
February 17, 2009
I H. SECOND READING OF ORDINANCE - PUBLIC HEARING
11. Approval of Ordinance for Change to the City of Ocoee Municipal Police Officers' and
Firefighters' Retirement Trust Fund. (Advertised in the Orlando Sentinel, Legal Classified on
Sunday, February 8, 2009) (Human Resources Director Carnicella)
This approval will be to amend the Police Officers' and Firefighters' Pension Ordinance to change the
multiplier from 3.0% to 3.5% and to discontinue the $200 per month supplemental benefit (stipend) effective
October 1,2008. This issue was approved by the Police Officers' and Firefighters' Pension Board and agreed
to by the Police & Fire unions. The impact to the City will be $100,492. However, the Actuarial Impact
Statements indicate the City's contribution to this fund will be reduced from 18.3% to 11.3% of payroll, or
approximately a $380,000 savings. This reduction will happen as a result of the re-evaluation of the
assumptions to this Pension Fund.
City Attorney Rosenthal read the title of the ordinance.
HR Director Carnicella said he gave the presentation previously, but he would be happy to
answer any questions.
Mayor Vandergrift opened the Public Hearing. There being no comments, the Public Hearing
was closed.
Commissioner Hood. seconded bv Commissioner Anderson. moved to adopt
Ordinance 2009-002. approvina chanaes to the City of Ocoee Municipal Police
Firefiahters' Retirement Trust Fund. Motion carried 5-0.
I I. REGULAR AGENDA
12. Discussion Regarding Piggybacking on the City of Orlando Contract #BI06-2248-03 for
Demolition Services for the Colony Plaza. (purchasing Agent Tolbert)
The City Building Official issued an emergency demolition order to demolish the Colony Plaza. Staff was
directed to procure demolition services for same. The City of Orlando has a current term contract in place with
Central Environmental Services, Inc. for demolition services, and staff recommends piggybacking on this
contract to expedite the bid process. The City received three (3) proposals: Central Environmental Services,
Inc. in the amount of $684,100.00, HB Walker, Inc. in the amount of $687,850.00, and D.H. Griffm Companies
in the amount of$95 1,341.00.
City Attorney Rosenthal said this item has been moved to the March 3, 2009 meeting to resolve
open issues with the contractor regarding the demolition. Mayor Vandergrift said if anyone is
present who wishes to speak on this item, we will hear them.
13. Direction and Discussion Regarding Sunsettingthe .Ocoee School Advisory Board.
(City Clerk Eikenberry)
Lynn Rittner, member of the Ocoee School Advisory Board, said she hates to see the board
dissolved because there are a lot of things to be done. She said they were spending a lot of time
discussing Charter Schools, but now there is a board to handle those specific issues. She added
that she understands since so many members have resigned it is hard for the city to continue with
the board because they can never get a quorum. There was discussion among the commission
about the attendance issues and the fact that three more people had resigned since they requested
to keep the board active. Mayor Vandergrift said the board was originally formed to be a
liaison between the Orange County School Board and the Commission.
Page 7 of9
City Commission Regular
February 17, 2009
Commissioner Keller, seconded by Commissioner Anderson moved to dissolve
the Ocoee School Advisorv Board and to direct the City Clerk to write the
appropriate resolution for sianature by the Mayor. Motion carried 4-1 , with Mayor
Vanderarift opposed.
The resolution was adopted with the following title:
RESOLUTION NO. 2009-001
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
REPEALING RESOLUTION 1998-07 AND ALL SUBSEQUENT
AMENDMENTS IN THEIR ENTIRETY, AND DISBANDING
THE OCOEE SCHOOL ADVISORY BOARD; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
I J. COMMENTS FROM COMMISSIONERS
(1) said some cities are creating ordinances with regard to abandoned
and foreclosed homes because of the upkeep. City Manager Frank said they had been
discussing in and it is an item on the next City Attorney Day agenda; we would like to not just
put a lien on the property but putting an assessment on the property so that each year the
assessments for maintaining the property would be paid back to the city. Commissioner
Anderson said it would be nice to do an RFP to have local small companies have the opportunity
to get some work maintaining these properties. City Manager Frank said at this time our
current vendors are handling these issues, he is not sure there are enough to hire a new company.
(1) ) the mock DUI event will take place at the high school on Friday at
9:30 a.m. and the fue department will be there with the jaws of life (2) reminded everyone that
the opening day for Ocoee Little League was March 8th and they would be having a carnival for
three days. (3) Ocoee Recreation Dept. is doing registration for adult football beginning in March
and gave details. (4) gave a high school sports update 5) informed Rosemary Wilsen that the
Little League needs to get with the Christian Service Center to donate the canned goods that
~ups.
_ - discussion regarding burned out homes and why they take so long to
get them resolved. He said the one on 1400 Samantha has been sitting for a long time. Fire
Marshall Stanley said it is going before Code Enforcement this week along with 504 Withers
Court. Commissioner Johnson asked why this house on Samantha that burned in 2007 took so
long to get through this process. He said he feels that if owners cannot handle it quicker than
that, the city should handle and take the land. He would hate to live in a neighborhood next to
one of these homes. City Manager Frank said that they just changed the way these issues will
be handled, it is now being reassigned to the Fire Marshall Stanley and in the future the response
will be much quicker. Mr. Stanley said 237 South Bluford, 18 West Oakland and the one in
Cross Creek have all come into compliance, but this due have not yet complied.
(1) reminded all that the Human Relations Diversity Board (HRDB) will
be sponsoring an event in the Commission Chambers tomorrow night to announce the winners of
the Black History Month Essay Contest. All are welcome to attend. (2) the HRDB is sponsoring
the OrisiRisi Program, free of charge, at the Ocoee Middle School on February 19th at 7 pm.. (3)
reminded all that Ocoee High School will be having a chorus concert on March 20-21 with a
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Page 8 of9
City Commission Regular
February 17,2009
country theme. He said admission for that was $10 for adults and $5 for students. (4) asked
about getting a uniform numbering system so emergency vehicles could find street numbers.
Commissioner Keller said he would like to get that ordinance changed so that all homes would
have to use the same numbering. We can look into a program to provide numbers for those who
cannot afford them. Commissioner Hood said that maybe Ace, Lowes, or Home Depot would
like to get involve by donating numbers. Commissioner Anderson also mention getting GPS
units in emergency vehicles Consensus was for staff to look into that as well as GPS
units 5) look into getting Lynx to continue providing routes to the schools through the last
month of the school year. Kids rely on buses all year, and then they are suddenly left with no
transportation to get to school. Consensus was for the City to write a letter to Lynx
with reaard to the buses droppina the school routes the last month of the Year.
There was discussion with regard to school kids riding Lynx buses.
"~... .. "., "'"," "
, (1) said there will be a garage sale at Ocoee High School on Saturday to
raise money for the band. You can go there to purchase things, or you can get a booth and sell
items. (2) circulated a flyer about "going green"
I ADJOURNMENT
The meeting adjourned at 8:33 p.m.
Attest:
APPROVED:
City of Ocoee
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
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