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09-15-09MINUTES OCOEE CITY COMMISSION September 15, 2009, at 7:15 P.M. REGULAR CITY COMMISSION MEETING 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, followed by the Pledge of Allegiance to the Flag, led by Commissioner Hood. Acting City Clerk Sibbitt called roll and declared a quorum present. City Clerk Eikenberry arrived at 7:55 p.m. after Rose Hill annexation ballots were counted at the Supervisor of Elections Office. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Keller, and Commissioner Johnson Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry B. PRESENTATIONS AND PROCLAMATIONS Proclamations. (Mayor Vandergrift) • Ocoee Firefighter Appreciation Week -September 20tH - 26th • Architecture Month -September 2009 Presentations by the Five Shortlisted Firms for RFP #09-004 Commercial and Multi- Family Solid Waste Franchise. Purchasing Agent Tolbert gave a brief overview of the presentations that will be presented by the five firms for RFP #09-004. **News Flash** Mayor Vandergrift announced that Rose Hill Subdivision has annexed into the City limits. Mayor Vandergrift stated that without objection he will like to move Item #16 up to be discussed after the presentations. Presentations were as follows (with each firm given Smins. to make their presentation): 1) Advanced Disposal -Dave Lavender, Charles Merkley, and Butch Pustay 2) Republic -Jean Wilson and Brian Short 3) Waste Management -Brian Johnson and Dave Wallace 4) Waste Works -Laurie Shew and Fred Bonham 5) Veolia -William Stubblebine Item #16 (discussion below) was moved up on the agenda and heard at this time. City Clerk Eikenberry arrived 7:55 p.m. and took over recording of meeting. Emereency Item -McCormick Woods Subdivision City Engineer David Wheeler stated that the McCormick Woods Subdivision, located at the SW corner of McCormick Road and Ingram Road, was developed in phases by the Developer KKH. They have completed phase 1, and are required to furnish a 2-year maintenance bond to cover any repairs on anything that is dedicated to the City of Ocoee. The City performed an inspection, prior to the 2-year period expiring, and was asked by the developer to go against their City Commission Regular September 15, 2009 letter of credit for repairs. City Engineer Wheeler said that staff requests the City Commission take action to declare KKH in default of the 2-year maintenance agreement and take the letter to the bank to draw against the letter of credit. Tom Feeney, representative for Fowler, O'Quinn, Feeney and Sneed, stated he has reviewed all of the materials and agrees with the recommendation, due to the urgency of the letter of credit expiring Thursday. City Attorney Rosenthal declared he was not involved with this issue because he represented the Developer KKH and the original home builder Ryland Homes. Commissioner Hood, seconded by Commissioner Keller, moved to approve the staff recommendation to declare KKH, LLC in default of the Two Year Maintenance on McCormick Woods Phase 1, authorize the Mavor, City Clerk, and special Counsel to sign the Statement of Default and authorize the City Manager and staff to produced the required documentation to the First National Bank of Central Florida to draw upon said Letter of Credit to effect the repairs required to finalize McCormick Woods Phase 1. Motion carried 4-0, with Commissioner Johnson out of the room. C. COMMENTS FROM CITIZENS/PUBLIC Mayor Vandergrift introduced Mrs. Butterfield and her daughter Edna to speak to the commission. Mrs. Butterfield, 716 Crystal Drive, said that her daughter Edna is the Ambassador of Turrets for this area and has the opportunity to compete over the summer for the National American Miss Pageant. She placed as State Ambassador and has the opportunity to go to California to compete. She is requesting financial support from the City of Ocoee for her journey as a contestant. Mavor Vandergrift, seconded by Commissioner Hood, moved to award $100 to Edna Butterfield toward her trip to California. Motion carried 4-1, with Commissioner Wilsen opposed. Commissioner Wilsen explained that she is not in favor of the commission awarding money when the city is in such financial hardship, and the Community Grant Review Board is the source for such requests. D. STAFF REPORTS City Manager Robert Frank gave the following report: Item 15 has been continued to the next meeting based on the applicant's request. Emergency items have been taken care of. CRA -Staff wants to schedule a meeting for the CRA on Tuesday October 6th at 6:00 p.m. before the regular commission meeting. The budget for next year needs to be approved. Additionally, the urban design and mobility overlays also need to be discussed. The commission approved by consensus the scheduling of the CRA meeting. The city manager also apprised the commission of the fact that two of the CRA board members, Ginger Corless and Carla Bell Johnson, are up for reappointment, both of whom would like to continue to serve. Page 2 of 15 City Commission Regular September 15, 2009 Commissioner Johnson made a motion, which was seconded by Commissioner Hood, to reappoint Members Ginger Corless and Carla Bell Johnson to the CRA board. Motion carried 4 - 0 with Mayor Vandergrift out of the room. Bill for Sewer Main Repair -Pursuant to the City's charter requirements to report the matter to the commission, City Manager Frank presented to the commission the reconciliation regarding for the sewer main break on State Road 50 and Bluford Avenue. The bill came to $165,000. Maguire House Repairs -Estimates for building repair have been received. The roof estimate totals $40,000 and the A/C repair would cost $20,000. Both the estimates fall within the costs that the City projected. Staff met with the historical commission who approved the shingle selection. Work on the building will start within the next two to three weeks. Lakeshore Drainage Imurovements City Manager Frank asked commission to allow a presentation by Al Butler, City of Ocoee CIP Manager, regarding Lakeshore Drainage Improvements. Al Butler said at the last budget meeting the commission asked staff to bring forward more details of the items regarding improvements in the City Hall area. He explained that the lists were divided into categories of safety projects and functional projects. He displayed pictures and reported the following issues they are proposing be addressed, which would affect the budget: • Sidewalk items as discussed previously with the Mayor. • Widening the gazebo stairs, to benefit weddings and events. • The stairs between the main employee parking lot and the lot above, and they propose to fix the stairs and add a railing for safety reasons. • Handicapped parking area near boat ramp is not to code, so they propose to correct that issue. • Add a bike rack near the lake so that bikes are not tied to street lights anymore. • Sidewalk coming from City Hall into the driveway and no place to go on the other side of the road. Propose to move sidewalk to other side of palm tree to align it with the driveway going to community center. That would be a 6-ft. wide brick paver sidewalk. • Add a sidewalk leading from Bluford Avenue to Lakeshore Drive in the City Hall area. • Oakland Avenue sidewalk is incomplete on the south side and very narrow, so they are proposing to run a continuous sidewalk down the north side. • A couple places where sidewalks need to be rebuilt. • Building a sidewalk on Silver Star Road to allow for a loop all the way around City Hall. • Add a curb to go around the parking at the community center to prevent people from parking on the grass under the trees and to help with drainage. • Looking to fill in gaps on lighting bollards around Lakeshore Drive to make it more even, as well as replacing the Christmas tree lights on the trees. • Proposed putting in cypress trees in the culvert along Lakeshore Drive. There is no vegetation north of the boat ramps and that would even it out. • Replace some of the declining oak trees in the boat ramp parking lot with elm trees and install raised brick planters around them to prevent cars from parking the roots again, and add seating. Page 3 of 15 City Commission Regular September 15, 2009 • Integrate a new sidewalk with asemi-circular City of Ocoee sign in front of City Hall, with a brick paver patio area. • Pavilions are down on Lakeshore Drive, but no open pavilions for events. Al Butler explained that there are a variety of sources to do all of these projects or could schedule those of top priority now and schedule others for subsequent years, or later in the year depending on how the revenue comes in. Commissioner Johnson asked about the business to be built on Bluford Avenue near City Hall and Al Butler stated they would be holding off on that sidewalk until after that takes place. Commissioner Wilsen inquired about the 24x24 paved sitting area in front of City Hall when they are building pavilions near the lake. Al Butler said that idea came up during the on-site tour they did. Mayor Vandergrift said there are funds from the current year to pay for these things, plus potentially some unallocated funds in the contingency fund for next year. Al Butler displayed a summary of all the different projects and the costs, and discussed the budget sources. He asked that they direct staff on how to expend the funds they currently have to date, which would be enough to handle the safety projects listed. City Manager Frank inquired about the $40K in current year contingency that Al spoke of and said that some of that money is already spoken for. Al Butler recommended approval of the safety items at this time, except the last one on Silver Star Road. He also wished to work in rebuilding the brick sidewalks up by the Maguire House. Commissioner Keller inquired as to why they did not include the sound barrier around the air conditioner. Al Butler said he just did not have the time to put that together for the pricing. Commissioner Keller said he would like the sidewalks to all be a minimum of 6-8'. Al Butler said he would go out for a bid alternate for the extra foot when getting price estimates. City Manager Frank suggested that commission authorizes up to $20K from contingency if they are going to use it to fund the projects discussed tonight. Mayor Vandergrift wants the Ocoee name on the gazebo as it was in the past. Commissioner Johnson asked if they could expand the back of the gazebo out 10-12 feet for more floor space. Commissioner Wilsen said there is a lot of potential for entertainment and positive revenue producers in the grounds area of the gazebo, Withers-Maguire House, Bill Breeze Park, etc. She thought they should explore the full potential by looking at what other cities do. Commissioner Hood, seconded by Commissioner Johnson, moved to approve staff recommendations and move forward with the moneys they have allotted now for the safety items, except the Silver Star Rd. (SR438) project, and the brick internal sidewalk area around the Withers-Maguire house if affordable, with the designation of $20,000 from contingency. Motion carried 5-0. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood - 1) Ocoee High School is playing Freedom High School at home on Friday evening at 7:00 p.m. 2) Ocoee youth soccer has its last sign-up from 9:30 a.m. to 12 at Jim Beech Center, September 19~', which is this Saturday. Check with Mr. Rainard. 3) Ocoee Little League starts September 21St. Drivers please watch out for the little ones. 4) Eighth Page 4 of 15 City Commission Regular September 15, 2009 grade team started their (baseball) game tonight. 5) Pop Warner Youth Program (whose teams are undefeated) is taking on South Lake this week at South Lake. Mr. Hancock is doing a great job. Commissioner Wilsen - 1) said this Saturday, September 19th there will be Casino Night sponsored by West Orange Seniors and the City of Ocoee Parks & Recreation Department. Admission is $25 at 1820 A.D. Mims Road. 2) said there is a rain barrel workshop this Saturday Commissioner Johnson - 1) said the Founder's Day Golf Tournament on Friday, October 2"d The tournament will begin at 11:30 shotgun starts at 12:30. Registration is $65 per person or $250 per foursome. Dinner will be served. Hole sponsors are needed for $100. Contact David Wheeler for more information. Mr. Wheeler asked for additional participation which is down due to the economic environment. Commissioner Johnson noted that the event gives out many prizes. Mr. Wheeler asked if the City will sponsor a team again this year. Motion was made by Commissioner Johnson and seconded by Commissioner Keller that then have a golf team for the Founder's Dav Golf Tournament. The motion carried 4-1 with Commissioner Wilsen opposed. City Manager Frank clarified that the funds will be coming from the City's contingency fund. He stated that the City puts in $50,000, but the event was in the red from the $13,000 shortfall from last year. Commissioner Johnson added that the Founder's Day organization will participate in joint events with the Rotary Club and the Lion's Club and they share in the profits of those events. Commissioner Johnson, seconded by Commissioner Wilsen, made a motion that the commission advances the Founder's Dav Board $25,000 out of continctency until the funding comes in. Motion carried 5-0. Commissioner Keller -said on September 19, 2009 Henry Nehrling Society will be at Vignetti Park from 10 to 6. There will be a music festival. There is a poker run the day before Founder's Day. It is sponsored by the police department. Mayor Vandergrift - 1) said Eight thousand missing warriors are still unaccounted for from the Korean War and over 1800 are still missing from the Vietnam War. The City of Orlando and its Veteran's Advisory Council will honor their service by sponsoring anMIA -POW Remembrance Ceremony on Friday, September 18th at 11:00 a.m. in the Orlando City Hall Rotunda. 2) said he noticed two different locations for the Senior Citizens' Casino Night. The mayor asked if it will be held at the Ison Center or the Beech Center. Jeff Hayes, Ocoee Parks & Recreation Director, clarified that the event will be held at the Jim Beech Center. Living Waters Aquatics will have its `Let's Go Fishing' event on September 19th. 3) the Ocoee Bull Dogs' will have a Tuesday night fundraiser at Pizza Hut. 4) said Monday evening at his home there will be a meeting of the committee to arrange for Ocoee to have the symphony in town on February 20, 2010. He said ten thousand dollars must be raised in order to have the symphony come to Ocoee or the committee will either cancel the event or raise the price of the tickets. City Manager Frank asked to remove Item 20 and bring the item back at a later meeting. Page 5 of 15 City Commission Regular September 15, 2009 F. CONSENT AGENDA 1. Approval and Acceptance of the Regular City Commission Minutes of August 18, 2009. (City Clerk Eikenberry) Approved on Consent. Motion carried 5-0. 2. Reappointment to General Employees' Pension Board of Trustees. (City Clerk Eikenberry) Trustees for the Pension Boards now serve four-year terms, as amended in Ordinance 2009-020. The City Commission appoints two of the trustees, two are elected from the employee body, and the fifth trustee is chosen by those four trustees and presented to the City commission for certification of the appointment as a ministerial act. Trustee Jean Grafton has indicated she is willing to serve another term if appointed. At this time no other applications were received for serving on this board. Approved on Consent. Motion carried 5-0. 3. Approval of Certification of Non-Ad Valorem Assessment Roll for Stormwater Inclusion on the Orange County Tax Roll for Fiscal Year 2009/2010. (Public Works Director Krug) The City commission approved Resolution No. 2006-003 to provide for collection of Stormwater fees through the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector requires the City to annually certify the non-ad valorem assessment roll by September 25`x. The fiscal year 2009/2010 tax roll for Stormwater calculates revenue to be $2,988,861. This is an increase of $278,944 from the current year. Approved on Consent. Motion carried 5-0. 4. Approval of Certification of Non-Ad Valorem Assessment Roll for Solid Waste Inclusion on the Orange County Tax Roll for Fiscal Year 2009/2010. (Public Works Director Krug) The City commission approved Resolution No. 2006-003 to provide for collection of Solid Waste fees through the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector requires the City to annually certify the non-ad valorem assessment roll by September 15~'. The fiscal year 2009/2010 tax roll for Solid Waste calculates revenue to be $2,638,692. This is based upon the residential Solid Waste fee of $21 per month. This is a decrease of $26,901 from the current year and is attributed to corrections on vacant parcels that the County had previously coded as "residential". Approved on Consent. Motion carried 5-0. 5. Approval of Miscellaneous Resurfacing Close-Out. (Public Works Director Krug) The City awarded Orlando Paving Company $195,840.95 for miscellaneous resurfacing at the February 17, 2009, Commission meeting. The West Orange Industrial Park, Wild Fern residential neighborhood and a portion of the Windstone Subdivision all were resurfaced under this program. Conditions encountered in the field required additional milling and asphalt to complete the projects. The total cost to complete this work is $208,389.11, an additional $12,548.16. Approved on Consent. Motion carried 5-0. 6. Approval of Maguire Road Resurfacing with Orlando Paving Company. (Public Works Approximately 700 linear feet of the south bound-outside lane of Maguire Road, south of the bridge over the Turnpike is showing signs of isolated deterioration. Public Works recommends milling and resurfacing two inches of the existing lane to avoid further deterioration and pot-holing. Orlando Paving Company has furnished a price of $41,642.65 to perform this work at night to avoid impeding traffic. The City wills piggy back on the existing Seminole County Contract RFP-4242-OS/GMG, Amendment #3. Approved on Consent. Motion carried 5-0. Page 6 of 15 City Commission Regular September 15, 2009 7. Approval of Clarke Road Median Landscaping from White Road to Silver Star The 2008-2009 budget designated funds to install landscape enhancements in the six (6) Clarke Road medians from White Road to Silver Star Road. The City negotiated the scope of work and price with Valley Crest Landscape under our continuing services contract. The landscaping will extend the current planting theme on Clarke Road and provide new irrigation for the trees and ground covering. The total cost for the new landscaping and irrigation for the six medians is $124,560.00. Approved on Consent. Motion carried 5-0. Per Florida Statute 274, Public Works is requesting the following vehicles be declared surplus so that the City can properly dispose of them. (1) Unit 384, 2006 Ford Explorer, VIN# 1FEU62E86UB07851, Police Department; (2) Unit 309, 2005 Chrysler Sebring, V1N# 1C3EL56T25N625977, Police Department. The vehicles were involved in accidents and are considered "totaled" by the insurance adjuster. Public Works solicited auto salvage yards to remove the vehicles. Budget Salvage has offered to purchase the Explorer for $500.00 and the Sebring for $400.00. Approved on Consent. Motion carried 5-0. 9. Approval of Annual Signal Maintenance Contract with Control Specialists Company Engineering and Public Works has been unable to negotiate a new traffic signal maintenance agreement with the County. During the process, the City explored utilizing a private specialty contractor to provide the same maintenance activities currently provided by the County. Staff determined that the City would have a greater control of the maintenance activities and costs through a private contractor. Public Works and Engineering recommend contracting with Control Specialists Company (CSC) based on their experience and location. By piggy backing off of a City of Maitland contract, CSC will provide monthly inspections of the 28 signalized intersections maintained by the City for an approximate annual cost of $28,000.00. An additional $12,000.00 is budgeted for routine repairs that may arise during the year. The FDOT provides the City approximately $15,000 annually to maintain 12 of the 28 intersections that are on State roads. The not to exceed total amount of the contract will be $40,000.00. Approved on Consent. Motion carried 5-0. 10. Approval of Disposal of Former Public Works Trailers. (Public Works Director Krug) Per Florida Statute 274, Public Works is requesting the former Public Works office trailers be declared surplus so that the City can properly dispose of them. The seven-trailer complex was manufactured in 1997, purchased used by the City in 2001 and relocated to the current site. The City has solicited vendors and contractors to determine if there are any parties interested in purchasing the trailers and moving them to another site. Due to the twelve year age of the trailers, their lack of energy efficiency, the deterioration from normal use and the cost to relocate, the only offers received by the City are for demolition and disposal. The City also explored the option of providing the trailers to anon-profit organization where the only cost to the organization would be the relocation. However, this option has not received a favorable response due to the condition of the trailers, the high costs for relocation and the over abundance of new and slightly used trailers filling vendor lots at this time. Public Works proposes to demolish the trailers with City forces in order to avoid incurring any costs for their removal. Removing the trailers will allow Public Works to more efficiently utilize the facility at 301 Maguire Road. Approved on Consent. Motion carried 5-0. Page 7 of 15 City Commission Regular September 15, 2009 Oak Trail Reserve PUD is located on the northeast quadrant of the intersection of Clarke Road and Clazcona- Ocoee Road. The subject property is approximately 38.6 acres in size of which 3.1 acres are designated as conservation/wetlands. The subject property is currently undeveloped and is partially covered with trees mostly on the south side of an isolated wetland and along the eastern boundary of the property. The remainder is open field. On September 2, 2008, the Honorable Mayor and City Commissioners approved a Final Subdivision Plan for Oak Trail Reserve PUD. The Final Subdivision Plan allows fora 61 single-family residential lot subdivision. On September 4, 2009, the Development Services Department received a letter from the developer/owner of the property requesting for a one (1) year time extension of the Final Subdivision Plan approval. Approved on Consent. Motion carried 5-0. (Utilities Director Smith) The City of Ocoee is currently purchasing bulk sodium hypochlorite for water and wastewater treatment from Odyssey Manufacturing, piggybacking its contract with Hernando County. This contract is no longer available. Odyssey has been awarded a new contract with Pembroke Pines at $.795 per gallon whereas the pricing is fixed through September 30, 2009, and is to be renewed thereafter. There aze no other conditional changes between the two contracts. Approved on Consent. Motion carried 5-0. G. FIRST READING OF ORDINANCES Commission Meeting at 7:15 p. m. or soon thereafter). (Principal Planner Rumer) The subject property is located on the West side of 1sT Street, Approximately 445 feet South of the Intersection of 1sT Street and Silver Star Road. The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. The land use and initial zoning aze also consistent and compatible with surrounding properties. a. Annexation b. Rezoning City Attorney Rosenthal read the title of the annexation ordinance for the Woomer Property. City Attorney Rosenthal read the title of the rezoning ordinance for the Woomer Property. Mayor Vandergrift announced that the second reading and public hearing will be held on October 2, 2009, at 7:15 p.m. or as soon thereafter as practical. 14. Crane Property. (Second Reading and Public Hearing scheduled for October 6, 2009, Regular Commission Meeting at 7:15 p. m. or soon thereafter). (Principal Planner Rumer) The subject property is located on the West side of 1sT Street, Approximately 585 feet south of the Intersection of 1sT Street and Silver Star Road. The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. The land use and initial zoning aze also consistent and compatible with surrounding properties. a. Annexation b. Rezoning City Attorney Rosenthal read the title of the annexation ordinance for the Crane Property. City Attorney Rosenthal read the title of the rezoning ordinance the Crane Property. Page 8 of 15 City Commission Regular September 15, 2009 Mayor Vandergrift announced that the second reading and public hearing will be held on October 2, 2009, at 7:15 p.m. or as soon thereafter as practical. H. PUBLIC HEARINGS 15. F/X Scenery & Display, Inc. CONTINUED FROM THE AUGUST 18. 2009, REGULAR CON MEETING. (Advertised for Public Hearing in Orlando Sentinel Legal Classified on July 23, 2009. a. b. The subject property is approximately 20.89 acres in size and is located on the west side of the intersection of Lakewood Avenue and Laurel Ridge Avenue. The Preliminary/Final Subdivision/Site Plan proposes the construction of a light industrial subdivision that will contain an addition to the existing FX building, flex space units, and office space. Preliminary/Final Subdivision Plan Preliminary/Final Site Plan This Item was continued to the next Regular Commission Meeting on October 6, 2009. 16. Award of RFP#09-004 Exclusive Franchise for Commercial &Multi-Family Sol Waste. (Advertised for Public Hearing in the Orlando Sentinel on August 13`", 20`", 27`" and September The City's current franchise with Veolia Solid Waste has expired and the City has been on a month to month basis with Veolia until a new franchise is awarded. The City solicited competitive proposals from commercial solid waste contractors for the exclusive provision of solid waste collection services for commercial and multi- family accounts within the corporate limits of the City of Ocoee, Florida. Pursuant to Section 143-12 of Chapter 143 of the Code of Ordinances of the City of Ocoee, the City seeks to enter into a franchise agreement with one person or entity to provide the aforementioned services within the City. The City Commission may award the Franchise for either a 3 year term or a 5 year term in its sole discretion. The initial term of the franchise may be extended by mutual agreement for an additional two (2) year term. This item was moved up on the agenda and heard after presentations. Presentations were heard by the five shortlisted firms for RFP #09-004 Commercial and Multi- Family Solid Waste Franchise. 1) Advanced Disposal -Dave Lavender, Charles Merkley, and Butch Pustay 2) Republic -Jean Wilson and Brian Short 3) Waste Management -Brian Johnson and Dave Wallace 4) Waste Works -Laurie Shear and Fred Bonham 5) Veolia -William Stubblebine Purchasing Agent Tolbert gave reported that the staff recommendation is that the City commission award the contract to one of the exclusive franchise for RFP 09-004 to one of the shortlisted applicants for a three or five year period; authorize the mayor, city clerk, and staff to execute all documents pertaining to the franchise agreement with the selected franchisee provided the required performance bond and insurance has been received and direction to advertise a new rate resolution in accordance with the rate schedule proposed with the new franchise. Page 9 of 15 City Commission Regular September 15, 2009 The selection committee met at a public selection committee meeting on July 14, 2009. They each ranked applicants on certain criteria as listed in the staff report and the RFP. The scores of evaluators 1, 2, 3, 4 and 5 were tallied. Taking the top selectees from each evaluator, the top 5 firms were (in order of rank) Advanced, Republic, Veolia, Waste Works, and Waste Management with Waste Work and Waste Management tied for fourth place. Attorney Rosenthal pointed out that the city shall select a proposal in the best interest of the city based upon five factors: 1) the proven ability of the proposer to efficiently collect and dispose of commercial and multi-family solid waste, 2) the type and amount of equipment to be used by the proposer; 3) the proposed rates and charges; 4) the financial stability of the proposer, and 5) other factors deemed appropriate by the city. Mayor Vandergrift opened the public hearing. The mayor asked if recyclables were included in the RFP. The attorney said that recyclables are not the subject of a city franchise based upon state law. The purchasing agent added that it is an open market. He asked if the commissioners had questions. They did not. He asked if any of the proposers had questions. One of the proposers (did not give his name) stated that they have been approved for permit for commercial for and demolition recyclables. The mayor asked if there was anyone else who wished to speak. There being no further comments, Mayor Vandergrift closed the Public Hearing. Commissioner Hood stated that he likes when the city does business with companies that provide jobs for citizens of Ocoee. He also looks closely at bondability and safety record. He asked the city manager if there was an accounting method for evaluation. He deferred to Purchasing Agent Tolbert who answered there was not any specific criteria to how each committee member assigned numbers between the ranges. The city attorney asked if the commission would need to address whether it would be a three or five year contract. The purchasing agent answered affirmatively. He stated further that there is a term or length of contract issue that would need to be discussed tonight. Commissioner Wilsen, seconded by Mayor Vandergrift, made a motion to select Advanced Disposal as the city's provider of commercial and multi-family solid waste disposal. Discussion ensued. Commissioner Johnson pointed out that he favored using local businesses when possible. Commissioner Wilsen stated that while she agrees with Commissioner Johnson, she also takes into consideration the input of the selection committee. Commissioner Johnson reiterated his point about how important it is for the City to use the local businesses when possible. Commissioner Wilsen agreed with him, but stated that she also had to consider the selection committees' view point. After additional comments, the Mayor called for a break in the meeting; hence the meeting went into recess. Recess - 8:21pm - 8:33pm Mayor Vandergrift called the meeting back to order. Mayor Vandergrift commented that before their recess Commissioner Johnson had compared the City with the County. He stated as much as he may agree with his criteria to find as many people who are from the City of Ocoee he feels most of them will be from the County to some degree however, if they get the best service and deal for our residents/businesses here in Ocoee and they have to reach outside of the City limits to do so then he is in favor that. It is the same as going outside of the City to get better bank interest rates, which we have done in the past in the Page 10 of 15 City Commission Regular September 15, 2009 interest of the community. He added that they have a committee that has recommended Advance Disposal and he supports their recommendation. Commissioner Keller stated that he likes the idea that Advance Disposal is the cheapest and ranked #1 but he would like to agree that the city keep it as local as possible. However, he added that these are hard economic times and he looks at the homes in his district either empty or going through foreclosure and he would like to see that turned around; so if they have the opportunity to put the Ocoee people back to work before some of the others he is in favor of that. Commissioner Keller stated if the motion on the floor does not pass, he would like to see them use the local company and consider the contract for only three years since it is their first time. Commissioner Hood stated he had a question on the rating for both Waste Services and Waste Works and asked about why they had zeros for equipment scores? Purchasing Agent Tolbert stated that she can not answer that because that was the operations manager who filled it out but each individual has their own method of scoring. Commissioner Hood stated in all the other evaluations there were numbers that ranked from 10-19 so he does not understand the zero. Purchasing Agent Tolbert stated that is why they cannot total it because at the end one evaluator could skew the results. After a lengthy discussion, motion failed 2-3 with Commissioner Keller, Johnson, and Commissioner Hood opposed. Commissioner Keller, seconded by Commissioner Johnson, moved to award the Exclusive Franchise for Commercial &Multi-Family Solid Waste RFQ #09-004 to Waste Depot LLC d/b/a Waste Works fora 3-year contract. Mayor Vandergrift inquired if this was a start up company and stated it is his understanding that they have only been on Enterprise Street for 2 years. Fred Bonham stated they are a start up company but he has personally been in the garbage business since 1969. He has driven garbage trucks and has worked for the third largest company as a director. Mayor Vandergrift gave a brief example of a motion he made years ago for the lowest bidder who ended up going bankrupt. Commissioner Hood commented that the financial stability of the Waste Works rated pretty average with the others. After a brief discussion, motion carried 3-2 with Mayor Vandergrift and Commissioner Wilsen opposed. Capital Improvement Refunding Revenue Note, Series 2009. (Advertised for Public Hearing in the Orlando Sentinel on September 6, 2009.) (Finance Director Horton) On July 21, 2006, the City issued a $5 million, 2006 Capital Improvement Note to provide interim financing to fund the acquisition of the Silvestri and Rogers properties. The SunTrust Bank Loan was structured as a three year interest only note and has a maturity date of October 1, 2009. The interest rate on the Series 2006 is a variable rate based on 77% of one month LIBOR plus 44 basis points. The initial interest rate was 4.67% with the most recent rate on the note (as of September 1, 2009) approximately .65%. The expectation was that a longer term fixed rate bond fmancing would be implemented within the three year period and this note would be rolled into that issue. City Attorney Rosenthal read the title of the resolution. Page 11 of 15 City Commission Regular September 15, 2009 Finance Director Horton gave an overview of the item and explained the following: In 2006 the City issued a $5 million Capital Improvement Note to fund the acquisition of the Silvestri and Rogers properties. The SunTrust Bank Loan was structured as a three year interest only note and has a maturity date of October 1, 2009. The interest rate is a variable rate; the initial interest rate was 4.67% with the current rate being .65%. The expectation was that a longer term fixed rate bond financing would be implemented within the three year period and this note would be rolled into that issue but that did not happen. The $5 million on this note is due October 1, 2009. She stated the proposed budget assumes that the loan will be refinanced or extended prior to October 1, 2009. The goal is to incorporate the financing with the future long term financing. The staff, along with the City's financial advisor Mark Galvin started negotiation with SunTrust to restructure this loan. Staff will set up workshops to discuss financing, bonding in particular. Mark Galvin, Financial Advisor to the City, explained how the note will be structured. Mayor Vandergrift opened the Public Hearing. No one wished to speak. Mayor Vandergrift closed the Public Hearing. Commissioner Keller, seconded by Commissioner Johnson, moved to approve Resolution No. 2009-005, approving the issuance of a Capital Improvement Refunding Revenue Note, Series 2009, not to exceed $5,000,000 per staff recommendations. Motion carried 5-0. The resolution as adopted carried the following title: RESOLUTION NO. 2009-005 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA; PROVIDING FOR THE REFUNDING OF THE CITY'S CAPITAL IMPROVEMENT REVENUE NOTE, SERIES 2006; AUTHORIZING THE ISSUANCE OF A CAPITAL IMPROVEMENT REFUNDING REVENUE NOTE, SERIES 2009 OF THE CITY IN THE PRINCIPAL AMOUNT NOT TO EXCEED $5,000,000 TO FINANCE THE COST THEREOF; PROVIDING THAT THE SERIES 2009 NOTE SHALL BE A LIMITED OBLIGATION OF THE CITY PAYABLE FROM NON-AD VALOREM REVENUES BUDGETED AND APPROPRIATED AS PROVIDED HEREIN; DESIGNATING THE SERIES 2009 NOTE FOR CERTAIN TAX-EXEMPT OBLIGATIONS CONTAINED IN SECTION 265(B) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING FOR THE RIGHTS, SECURITIES AND REMEDIES FOR THE OWNER OF THE SERIES 2009 NOTE; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. I. REGULAR AGENDA (Community Kelations Manager Wright) The Community Grant Review Board met on August 13, 2009, to discuss the 9 applications received during the first cycle of the Community Grant Program (formerly the Community Merit Awards Program). The Community Grant Program provides financial grants of up to $500 made to Ocoee non-profit organizations and civic groups outside City limits which benefit residents of Ocoee. The grants are awarded to acknowledge excellence and further the contributions these local organizations bring to the Ocoee community. The Community Grant Review Board voted to award grants to a119 organizations. Page 12 of 15 City Commission Regular September 15, 2009 Jim Sills, Chair of the Community Grant Review Board introduced himself and was available for questions. He stated that they had a $500 surplus this year after all grants were completed. Commissioner Hood, seconded by Commissioner Wilsen, moved to approve the recommendations of the community Grant Review Board as recommended by staff. Motion carried 5-0. 19. Fountains at Highland Park. (Development Services Director Shadrix) On November 18, 2008, the City Commission approved a PUD/Rezoning, Land Use Plan and Preliminary Site Plan for the Fountains at Highland Park (AKA: Fountains at Tivoli Place) project. To accommodate this project and reduce the number of billboards on the Turnpike the Developer has agreed to replace two (2) existing multi- pole billboards with one (1) single monopole billboard with up to two sign faces with at least one (1) face using LED (light emitting diode) or any other similar technology. a. Development Agreement b. Billboard Relocation and Reconstruction Agreement Development Services Director Shadrix summarized the conditions of approval that occurred at the meeting on November 18, 2009. He stated that one of the conditions was the negotiation of face time on a proposed billboard that was to be erected in place of two existing billboards. Since then, the price for copy and graphic change-out for the billboard was determined to be $35,000-$50,000. The developer has agreed to provide free of charge a series of 5 two week intervals and unlimited space during a declared emergency. City Attorney Rosenthal submitted a memo today that separates the two agreements and supersedes the conditions in the previous approval. Lengthy discussion ensued regarding the agreement that took place at the November 18, 2008 meeting. City Attorney Rosenthal said after the meeting there was not an ability to proceed to get the deal executed that was agreed upon at the Commission Meeting; he said we also discovered that there would have been a cost associated with that arrangement that was not considered that night. The proposal before the Commission tonight has a different type of billboard and they have agreed to pay for the copy as part of the solution. The reason we can't go back to leaving the two billboards there is because the existing plan is inconsistent with the maintenance of the billboard. As a result the ordinance, the preliminary subdivision plan, and the billboard agreements have been sitting in limbo since November 2008. There were five conditions attached to those approvals and they have not been satisfied. Discussion followed regarding losing a full year of billboard time and receiving 10 weeks in return. Commissioner Hood said that he recalls that the copy was to be provided by staff and there was no mention of associated costs for graphic design. Commissioner Keller concurred. Mr. Shadrix said that no one understood at the time what the execution of the agreement entailed. After a lengthy discussion the following motion was made: Page 13 of 15 City Commission Regular September 15, 2009 Commissioner Keller, seconded by Commissioner Wilsen, moved to approve staff recommendations authorizing the Mayor and City Clerk to execute the Development Agreement and the Billboard Relocation and Reconstruction Agreement and including the additional actions in the City Attorney memorandum dated September 15, 2009 which confirms that condition #5 of the City Commission approvals of the Fountains at Highlands Park is superseded by the revised Billboard Relocation agreement and should be deleted and confirms that general note #16 on sheet 2 should be deleted as inconsistent with City Commission action of November 18, 2008. Motion carried 3-2, with Commissioner Hood and Commissioner Johnson opposed. Commissioner Johnson noted that he is in favor of this project that his disagreement is with the billboard agreement. 20. Approval to Execute a Warranty Deed Conveying the Pine Street Parcel to the St. Johns River Management District, as Required by the Terms of a Memorandum of Agreement Executed by the City on February 7, 2007. (City Engineer Wheeler) The Pine Street Parcel was purchased by the City using funds supplied by the St. Johns River Water Management District (SJRWMD) as a location for additional stormwater treatment in the Lake Apopka basin. The subject parcel was created by the construction of SR 429 and constitutes part of the wetlands mitigation required by that highway project. The parcel is outside the present Ocoee city limits and cannot be annexed into the city given its distance from the city limits. Using funds from SJRWMD, the City retained a consultant who developed a design for the stormwater facility and passive City park. However, the property was determined not to be suitable for the planned stormwater facility. There were also questions of public access to the property, which impacted the potential use of the property for a City park. As a result, construction of the stormwater treatment structure was abandoned and other uses for the property by the City were not immediately apparent. Under the terms of the Memorandum of Agreement between the City of Ocoee and SJRWMD entered into for the purposes of buying the property and constructing the stormwater treatment facility, the City is to deed the property to SJRWMD if construction had not begun by July 1, 2009. SJRWMD notified the City on August 7, 2009, of its intent to implement this provision in the Memorandum of Agreement and has asked the City to execute the required Warranty Deed to convey title to the property to SJRWMD. This item was pulled from the agenda to be heard at a later date. J. STAFF ACTION ITEMS City Manager Frank stated that Rose Hill Annexation Election took place tonight and residents voted to annex into the City. We will be going into the area tomorrow and changing the street signs; the street sweeper will be in there, and employees will be delivering some informational brochures and a welcome letter from the Mayor and one from the City Manager. Mayor Vandergrift announced that the vote was 156 in favor of the annexation and 46 against the annexation; 77% of the voters were in favor. K. COMMENTS FROM COMMISSIONERS Commissioner Keller 1) said he would like to see a full day workshop to look at bonding money for water and sewer, parks, and roads. He noted that land is cheap now and once someone purchases it and starts building on it the opportunity will be lost. City Manager Frank Page 14 of 15 City Commission Regular September 15, 2009 said he is planning a workshop in late October; he wants to meet with the Finance Director and our Financial Advisor prior to the workshop to get work out some of the options on parks and recreation, land acquisitions, and utility issues. Commissioner Johnson 1) said he did not receive the revised Parks and Recreation survey before it went out. Commissioner Hood said he received his survey. Commissioner Wilsen and Mayor Vandergrift said they do not recall receiving theirs either. There was discussion that it was a very good survey and will cover current programs and things the residents should think about for future expansion. It should be done by September 16, 2009. Parks and Recreation Director Hayes said he will make sure everyone gets a copy. Rosemary Wilsen 1) welcomed Rose Hill residents into the City and into her district 2) discussed the next Movie in the Park which will be in October. Commissioner Johnson asked that the area is sprayed for ants before the next movie. Commissioner Hood 1) asked Chief Brown if we are going to place signage at Mona Ct. and Doreen Ave., to stop people from blocking the cul de sac during school drop off and pick up. Chief Brown said they are looking into making that safer; it is always the worst at the beginning of the school year when all kids are being dropped off. 2) said there was a Forest Brooke HOA meeting and everything went very well; he thanked staff for attending the meeting and doing such a great job answering their questions and concerns. Mayor Vandergrift said someone told him they moved to Winter Garden from there because of the school zone (Clarcona Ocoee) and the burglaries that were occurring. Commissioner Hood said those issues were addressed at the meeting and they are doing proactive things such as starting a neighborhood watch. There was discussion about the overcrowding at Clarcona Elementary. Mayor Vandergrift stated some people are being told that Ocoee is against building the school at Hackney Prairie and that we should send letter from the commission stating they are in favor of building the school at Hackney Prairie to relieve overcrowding at Clarcona and resolve the safety issue of young kids having to cross major roads. Consensus of the Commission was to draft a letter and sent it to Christine Moore and the entire School Board as well as Scott Boyd and the entire Orancte County Commission. City Attorney Rosenthal added that there is a multi party agreement between Ocoee, Orange County, and the School Board that should be coming before the Commission as a public hearing. 3) asked Officer Dreasher for attending the Commission Meeting. Mayor Vandergrift said his wife is on the mend, up and moving around, and is planning a vacation to the Galapagos Islands. ADJOURNMENT The meeting adjourned at 10:53 p.m. Attest: ~ ~, et Eikenberry, City Cler APPROVED: City of Ocoee I~ S. Scott Vandergr ,Mayor Page 15 of 15