07-21-09MINUTES
OCOEE CITY COMMISSION
July 21, 2009, at 6:00 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 6:00 p.m. in the Commission
Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of
Allegiance to the Flag, and led by Commissioner Hood. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson and Commissioner Keller.
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
Proclamation -National Night Out -August 4, 2009. (Mayor Vandergrift)
Presentation of Red Light Cameras. (Police Chief Brown)
C. COMMENTS FROM CITIZENS/PUBLIC
none
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank made the following updates/announcements:
1) Appraisal on Lakeshore Drive Property (recording studio) -appraisal has been received and
will be distributed to commissioners tomorrow.
2) Police Department Grand Opening changed to August 12 at 10:30 a.m.- invitations will be
sent and open house will follow at 11:00 am to 4:00 p.m.
3) Reclaim Main on Blackwood and Hwy 50 -this work will start in the next two weeks: the
contractor will try to minimize lane closures by only closing one lane at a time and keeping two-
way traffic going.
4) Emergency Item to be heard
5) Item #8 -Rose Hill Annexation, the ordinance has been changed to include a summary
paragraph to Section #4 containing the language on the ballot. The revised ordinance is on the
dais.
5) Item #11 Fountains at Highland Park -item has been pulled at the request of the developer.
6) Item #6 Lakeshore Drive Outfall- there was a change to the item and the new agenda item is
on the•dais.
E. COMMISSIONERS ANNOUNCEMENTS
None
City Commission Regular
July 21, 2009
F. CONSENT AGENDA
1. Appointment to the Human Relations Diversity Board. (City Clerk Eikenberry)
Members of the Human Relations Diversity Board serve two-year terms. Currently, the Human Relations
Diversity Board has six (6) members and their resolution allows no less than seven (7) members and no more
than fifteen (15) members. One application was received from Ms. Carole Amey with an interest in serving on
the board. No other applications are on file.
Approved on Consent. Motion carried 5-0.
2. Approval of Resolution Regarding Article III of Chapter 168. (Police Chief Brown)
The City Commission of the City of Ocoee previously enacted Article IIl of Chapter 168 of the Code of
Ordinances of the City of Ocoee regarding traffic light safety authorizing cameras to be installed at problem
roadway intersections for the purpose of traffic law enforcement. § 168-15 of the Code of Ordinances provides
for an introductory period of enforcement until such time as the City Commission adopts a resolution advising
the City Manager to commence enforcement of Article III. As a result on July 8, 2009, signage indicating photo
enforcement of the traffic lights and cameras were installed at the intersection of SR50 and Maguire Road and
only warnings have been mailed to violators. T'he City Commission of the City of Ocoee desires to direct the
City Manager to commence enforcement of Article III of Chapter 168 of the Code of Ordinances of the City of
Ocoee regarding traffic light safety at 12:00 am on July 23, 2009. This resolution mandates fines of $125.00 to
be assessed with the notices of violation.
City Attorney Rosenthal read the title of the Resolution No. 2009-004.
City Manager Frank added that the Commission will be updated as new red light cameras
are installed but there will not be a resolution for each camera. Confirmed that the intent of
the commission is have a two week "acquaintance" period with warning citations prior to the
installation of new cameras.
Approved on Consent. Motion carried 5-0.
3. Approval of Edward Byrne Memorial Justice Assistance Grant JAG Countywide -
T~~r.nAA ~A ill • !Vl •I•T __.__.___\
The Florida Department of Law Enforcement has allocated grant funds to the Orange County Sheriffs Office
for distribution countywide. These funds must be applied for by the Ocoee Police Department and if awarded
the funds will be used to purchase digital police mobile radios. City of Ocoee population was used to determine
the amount $17,953.00, which will be disbursed to the City of Ocoee Police Department.
Approved on Consent. Motion carried 5-0.
4. Approval of Budget Transfer from Police Administrative Expenses to City Health
Center Account. (Police Chief Brown)
Funds are currently budgeted in the 2008/2009 budget for police officer annual physical examinations. Until a
process for administration of the physicals could be agreed upon, the funds were placed in the police department
budget. Now that these mandatory physicals are completed by the City of Ocoee Health Center, it would be
more practical to transfer the funds to the Health Center account for efficient payments.
Approved on Consent. Motion carried 5-0.
Page 2 of 9
City Commission Regular
July 21, 2009
6. Approval of Lakeshore Drive -Ocoee Middle School Outfall Pipe. (Public Works
Director Krug)
Historically the Lakeshore Drive area south of Lafayette Street has experienced drainage problems during
excessive storm conditions. In order to address these problems, the City and Orange County School Board have
developed a solution to the area flooding while providing a positive outfall for the Ocoee Middle School
stormwater pond where both parties share the construction cost evenly split 50/50.
Approved on Consent. Motion carried 5-0.
Krug)
The City has been purchasing fuel through a County agreement. In an effort to reduce costs and formalize our
purchasing procedure, the Public Work's Fleet Division has investigated alternate fuel vendors. By utilizing an
existing City of Apopka contract with Lynch Oil Company, we have secured pricing that is two to five cents per
gallon below our current source, along with a savings in oils and lubricants that can produce up to $15,000.00
savings based on our annual fuel consumption.
The City will also receive the following benefits by contracting with Lynch Oil Company:
Installation & maintenance of electronic inventory control system at Public Works and Fire Stations 1, 2 & 3.
All deliveries monitored and archived through the inventory control system.
Emergency fueling for the entire City's generators and lift stations prior to storm events.
Approved on Consent. Motion carried 5-0.
G. SECOND READING OF ORDINANCES (PUBLIC HEARINGS) - Must be heard at
7:1 S p.m. or as soon thereafter as practical.
Second Reading of Ordinance for Rose Hill Phases 2 & 3 -Referendum A
(Advertised for Public Hearing in Orlando Sentinel Legal Classified on Thursday, July 9, 2009,
The character of the annexation area is low density residential. The annexation area includes 244 single-family
dwellings, five retention areas, and roadways with sidewalks on both sides of the road. The annexation area is
surrounded by the West Oaks Mall and residential development on the west, residential development on the
north, multi-family residential on the south, residential development and a solid waste transfer station on the
east. The area is accessed by an entrance on White Road and through Rose Hill Phase 1 by an entrance on
Good Homes Road. Based on the recommendations of the DRC and Planning & Zoning Commission, staff
recommends that Honorable Mayor and City Commissioners adopt Ordinance 2009-018, providing for the
annexation into the Corporate Limits of the City of Ocoee, Florida, of Certain Real Property Known as Rose
Hill Phases 2 & 3, consisting of approximately 80.68 acres; providing for a referendum on the question of
annexation for the registered electors within the property proposed for annexation; proving for said referendum
to be considered at a special election to be held on September 15, 2009 as a mail ballot election.
This item was moved on the agenda and heard after all other items and after 7:15 p. m. due to
advertised date/time.
City Attorney Rosenthal read the title of Ordinance 2009-018.
Mayor Vandergrift asked when they become a part of the City. City Manager Frank said it
will not be effective until after the election on September 15, 2009; we anticipate no problems
welcoming them aboard after the election.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the Public
Hearing was closed.
Commissioner Hood, seconded by Commissioner Johnson, moved to approve
Ordinance No. 2009-018 authorizinct the Referendum Annexation for Rose Hill
Phases 2 and 3. Motion carried 5-0.
Page 3 of 9
City Commission Regular
July 21, 2009
The ordinance as adopted carries the following title:
ORDINANCE NO. 2009-018
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, PROVIDING FOR THE
ANNEXATION INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, OF CERTAIN REAL PROPERTY CONSISTING OF APPROXIMATELY
80.68 ACRES, MORE OR LESS, GENERALLY LOCATED ALONG WHITE ROAD ONE
QUARTER MILE EAST OF THE INTERSECTION OF WHITE ROAD AND CLARKS
ROAD AND COMPRISING ALL CURRENTLY UNINCORPORATED PROPERTY IN
THE ROSE HILL SUBDIVISION PHASES 2 AND 3, AS INITIATED BY THE CITY OF
• OCOEE, FLORIDA; PROVIDING FOR A REFERENDUM ON THE QUESTION OF
ANNEXATION FOR THE REGISTERED ELECTORS WITHIN THE PROPERTY
PROPOSED FOR ANNEXATION; PROVING FOR SAID REFERENDUM TO BE
CONSIDERED AT A SPECIAL ELECTION TO BE HELD ON SEPTEMBER 15, 2009 AS
A MAIL BALLOT ELECTION; FINDING SAID ANNEXATION TO BE CONSISTENT
WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE
JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING
• THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING FOR SEVERABILITY;
REPEALING CONFLICTING ORDINANCES; PROVIDING DIRECTION TO THE CITY
CLERK; PROVIDING FOR AN EFFECTIVE DATE.
H. REGULAR AGENDA
9. Withers-Maguire House Roof &HVAC Replacement Options. (Public Works Director
Krug)
At the July 7, 2009, Commission Meeting, the condition of the Withers-Maguire house roof was discussed.
Public Works was requested to research roofmg options for further discussion at the July 21, 2009, Commission
meeting. Pricing for the following options will be presented at the meeting:
• Cedar shingle roof -this is the type of roof currently on the house.
• Metal roof.
• Architectural asphalt shingles.
Additionally, the HVAC units for the second floor of the house are located in the attic and can only be replaced
by removing a portion of the roof. These units are at the end of their useful life and require replacement. The
cost for replacing these units during the roof replacement is $20,000.00 utilizing the City's HVAC Continuing
Services Contractor.
Public Works Director Krug stated that there are two issues because the air conditioning unit
can only be accessed by removing the roof and they are 15 years old; replacing them for $20,000
at this time that the roofing is being replaced. Pricing for roofing materials are Cedar Shake
Roof $80,000; Metal Roofing $87,000; Asphalt Architectural Shingle resembling Cedar Shake
$39,000. These are the quotes we have received, but we need to get direction from the
commission on getting more quotes for the Architectural Shingle roof and identifying the
funding source. Mayor Vandergrift said hurricane season is here and we need to get this done
as soon as possible. City Manager Frank said there is $109,000 left in the contingency fund.
Mayor Vandergrift, seconded by Commissioner Keller moved to authorize an
expenditure of up to $60,000 for the roof ($40,000) and air conditioning
replacement ($20,000) of the Maguire Home and asked staff to work at getting
better price quotes on the roof, if possible. No vote was taken this time due to
subsequent discussion and amendment.
Page 4 of 9
City Commission Regular
July 21, 2009
City Attorney Rosenthal stated that there was a substantial grant from the State that the City
received some years back where conditions were applied to keep the house in certain condition
from the historical aspect.
Cheryl Applegate, President of the Ocoee Historical Commission said they had discussed this
issue and they are in favor of getting a less expensive shingle as long as it maintains the same
look as the Cedar Shingles that are there. She also stated there were some issues with damaged
wood around the windows. Mr. Krug said they pulled the wood off and started that repair
earlier today.
Elizabeth Maguire noted the City agreed to continue to maintain the historical house.
Mayor Vandergrift, seconded by Commissioner Keller, amended his original
motion to include that staff would investigate the Withers Maguire House Grant
Agreement to ensure that we do not violate any of the conditions/requirements of
the original grant agreement from the state and that the integrity of the house is
maintained and approved by the Historical Committee. Motion carried 5-0.
Myra•Kinney, member of the Historical Committee, said they don't care if it is architectural
shingle as long as the appearance reflects the time period of the home.
City Manager Frank clarified that as long as there is not a requirement for Cedar Shake
Roofing, the consensus of the Commission was to go head with the Architectural Shingles.
Public Works Director Krug told the members of the Historical Committee that were present
that he would get with them in the future and show them samples for their approval on the
roofing material.
Vote was taken on original motion, as amended. Motion carried 5-0.
There was discussion regarding having a budgetary item for maintaining the Maguire House.
Public Works Director Krug said maintenance budgets were cut and it may have been left at
$2000 for this year. It does not cover big ticket items. Commissioner Keller said he recalls this
item being pulled off the wish list for last year.
10. Approval of City Wide Mowing. (Public Works Director Krug)
The City contracted with Groundtek for the 2006-07 fiscal year to provide right of way and landscape property
mowing following the mutual termination of the previous contractor for performance issues. For the 2007-08
contract, the City elected to reduce the frequency of mowing from 18 to 12 cuts annually in order to improve
the budget. The mowing frequency reduction was not as advantageous as anticipated. The 2008-09 budget
incorporated 18 cuts based on the proposals from Groundtek. The total amount of budgeted work with
Groundtek is $388,695.00. Commission approval is required to bring Groundtek's previously approved
contract value in line with the budgeted amount in order to complete the mowing service for the 2008-09 fiscal
year.
Public Works continually searches for ways to provide improved services at a reduced cost. Analyzing the
City's mowing needs, it was determined that the Public Works Team could accomplish the mowing by
equipping a new 5 person crew for an approximate annual savings of $100,000.00 on the current contract.
Public Works is requesting Commission approval of the mowing contract with Groundtek to complete the
current fiscal year's mowing needs and direction on meeting the City's mowing needs for the coming year.
Page 5 of 9
City Commission Regular
July 21, 2009
Public Works Director Krug gave a presentation on the mowing services for the City.
The City contracted with Groundtek for the 2006-07 fiscal year to provide right of way and
landscape property mowing following the mutual termination of the previous contractor for
performance issues. For the 2007-08 contract, the City elected to reduce the frequency of
mowing from 18 to 12 cuts annually in order to improve the budget. The mowing frequency
reduction was not as advantageous as anticipated. The 2008-09 budget incorporated 18 cuts
based bn the proposals from Groundtek. The total amount of budgeted work with Groundtek is
$388,695.00. Commission approval is required to bring Groundtek's previously approved
contract value in line with the budgeted amount in order to complete the mowing service for the
2008-09 fiscal year.
Mr. Krug said they are always looking for ways to provide improved services at a reduced cost.
Analyzing the City's mowing needs, it was determined that the Public Works Team could
accomplish the mowing with a 5 person crew and equipment for an approximate annual savings
of $130,000.00 this year and $150,000 in following years.
He stated that the only estimate they have been able to get other than Groundtek, is from Dobson
and would only save us approximately $5,000.
Mr. Krug said staff recommends 1) Approve a purchase order to Ground Tek for maintaining
the City's right of way and landscape properties at a frequency of eighteen cuts to complete this
fiscal year as budgeted, adding approximately $100,000 and 2) Direction on meeting the mowing
needs beginning in the 2009-10 fiscal year.
Mayor Vandergrift stated he thinks that we should go out to bid and have Public Works give
their bid on their costs so that we can look at everything.
Manor Vandergrift, seconded by Commissioner Wilsen, moved to continue
services with Groundtek for additional cuts to the end of this fiscal year by
matching their contract to the amount that was budgeted but not used because of
the decision last year to reduce the number of cuts. Motion carried 3-1, with
Commissioner Hood opposed and Commissioner Keller absent.
Manor Vandergrift, seconded by Commissioner Wilsen moved to go through a
bidding process utilizing what we have in-house and have it ready for the budget
process. Motion carried 4-0, with Commissioner Keller absent.
Commissioner Wilsen asked for a list of open and frozen positions to assist her in the budget
process and any projected administrative positions being added, and any overtime being paid
from various departments. Mayor Vandergrift asked that it be sent to all Commissioners.
11. Amendment to Fountains at Highland Park (AKA: Fountains at Tivoli Place)
Development Agreement. (Development Services Director Shadrix)
This item was pulled at the request of the developer.
Page 6 of 9
City Commission Regular
July 21, 2009
12. Setting the Proposed Millage Rate for 2009/2010 Budget. (City Manager Frank)
The TRIM Act requires local governing bodies to set a proposed millage rate annually during the month of July.
The property appraiser is then notified of the rate and uses it to advise taxpayers of their proposed tax levies for
the next year. This rate can be lowered during the budget hearings in September. HB-1 establishes levels
of approval by the governing body in setting the millage rate. This bill provides for a maximum millage rate
that can be levied by the governing body with a ma'ori vote. This maximum millage rate for the upcoming
fiscal year, 5.6348, is an increase of the current year millage (4.8252). The rolled back rate for 2009/2010 is
5.4974. This rate is higher than the current year rate due to the decrease in assessed property value resulting
from Amendment 1 and the decline in the economy. The City's assessed value decreased $231,277,100. This
is $1,082,480 at the current millage rate of 4.8252.
The City can set the proposed millage for FY 09/10 up to 6.1983 with a super maiority vote by the
Cotnmission. A millage rate higher than the 6.1983 would require a unanimous vote by the Commission. The
proposed budget is currently balanced at 5.1934.
Items 12 and 13 were moved up on the agenda to after Item #9.
Finance Director Horton explained the various millage rates, she said the rolled back rate is
5.4974she said the 09/10 budget is currently balanced at 5.1934, and staff recommends adoption
of the majority vote rate of 5.6348.
Commissioner Keller, seconded by Commission Wilsen, moved to approve the
proposed millage rate for the 2009/2010 Budget at 5.6348. Motion failed 2-3, with
Commissioner Johnson, Commissioner Hood, and Mayor Vandergrift opposed.
Commissioner Johnson, seconded by Commission Hood, moved to approve the
proposed millage rate for the 2009/23010 Budget at 5.4974, the rolled back rate.
Motion carried 5-0.
Mayor Vandergrift said there is still some wiggle room between the current balanced budget
and the rolled back rate because the budget is presently balanced below the roll back rate.
13. Set Workshop and Hearing Dates for the 2009/2010 Budget Process. (Finance Director
Horton)
Workshops are held during August to discuss the proposed budget for the upcoming fiscal year. Public hearings
are required by the TRIM act and serve as a mechanism to notify the citizens of the proposed budget and allow
their comments. Staff recommends August 12`~ and 19`i' be selected for the budget workshops dates. If there is
a conflict with these dates we recommend alternate dates of August 13~' or August 31S`. Workshops will begin
at 6:00 p.m. Staff recommends the public hearings be held September 9`'' and 23`d. If there is a conflict with
these dates we recommend alternate dates of September 16~' and September 30`x. Hearings will begin at 7:00
p.m.
Items 12 and 13 were moved up on the agenda to after Item #9
Commissioner Wilsen, seconded by Commission Hood, moved to approve the
budget workshop dates for August 12 and August 19, 2009 at 6:00 p.m. Motion
carried 5-0.
Commissioner Wilsen, seconded by Commission Hood, moved to approve the
Budget Public Hearing dates for September 9 and September 23, 2009 at 7:00 p.m.
Motion carried 5-0.
Page 7 of 9
City Commission Regular
July 21, 2009
Emergency Item -Change Order No. 1 with RA Scott Construction company for Blackwood
Avenue 16 inch reclaimed water main and approval of associated Health Central Utility
Easements (temporary and perpetual)
Mayor Vandergrift declared this an emergency item.
City Engineer Wheeler gave a summary of the project and stated that the Engineering
Department recommends that the City Commission accept the easement dedication by Health
Central and approve Change Order No. 1 with R.A. Scott Construction Company in the amount
of $22,800.00 and authorize the Mayor and City Clerk to execute the Change Order and
easement documentation.
1. City staff to proceed in accomplishing the listed tasks in exchange for the easements.
2. Authorize the Mayor and City Clerk to execute both Health Central easement documents.
3. Approve and authorize the Mayor to execute Change Order No. 1 documentation to allow
. R.A. Scott to accommodate one of the terms of the Health Central easement negotiations.
Commissioner Johnson, seconded by Commission Hood, moved to approve
recommendations and authorize the Mayor and Citv Clerk to execute the Change
Order and easement documentation,
I. STAFF ACTION ITEMS -none
J. COMMENTS FROM COMMISSIONERS
Commissioner Johnson asked if a set amount for Maguire House A/C and Roof could be placed
in the budget each year so that it will be there next time it is needed. City Manager Frank said
that can be done just as it has been done for other funds. 2) said we received a thank you card in
regard to the "Golfing Fore Autism" event that recently took place.
Commissioner Wilsen -none
Commissioner Hood - 1) said the Little League has been saving up to take care of the fields and
they want to refurbish the batting cages. There is a company coming to do it, an Ocoee Resident
owns the company, to refurbish batting cages at Central Park and Sorenson in the amount of
$25,000. They have worked hard for the money and they are asking that the city waives the
permitting fees. Consensus of the Commission, without objection, was to waive the
permitting fees for the Little League for refurbishing of the batting capes at
Central Park and Sorensen Field.
Mayor Vandergrift - read a proclamation that he wrote in honor of Commissioner Keller and
his wife Laura in honor of their 25~' wedding anniversary.
ADJOURNMENT
The meeting adjourned at 7:21 p.m.
Page 8 of 9
City Commission Regular
July 21, 2009
Attest:
s
I ~ ' i'
f ~~ A 1
Beth Eikenberry, City C k
APPROVED:
City of Ocoee
~~
~~ t~j.-c-~~`
S. Scott Vandergrift, May
Page 9 of 9