10-06-09
MINUTES
OCOEE CITY COMMISSION
October 6, 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, followed by the Pledge of
Allegiance to the Flag, led by Commissioner Wilsen. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Keller, and Commissioner Johnson
Also Present:
Assistant City Attorney Watson, City Manager Frank, City Clerk Eikenberry
I B. PRESENTATIONS AND PROCLAMATIONS
Proclamations - (Mayor Vandergrift)
International Walk to School Day in Ocoee - October 7, 2009
Put the Brakes on Fatalities Day - October 10, 2009
I C. COMMENTS FROM CITIZENS/PUBLIC
Item #13 was moved up from Regular Agenda
Discussion Regarding Waiving Fees for Use of a City Facility by Unity Force and
Development for Gods Children, Inc. a Non-Profit Organization. (Mayor Vandergrift)
Anide Pierre, resident of Ocoee, thanked the City Commission and stated their organization is
trying to raise money to build an after school center in the Pine Hills area because they are
having a lot of problems with children hanging around after school with nothing to do and no
where to go. They have come up with a program that would offer a place for the children to stay
after school so that they are not causing problems in the malls or surrounding neighborhoods.
This would be a positive environment for the children. Ms. Pierre stated they have a location
but will just need the funds to put up the building. The have a Wrestling Match Fundraiser
planned for October 17th at the Jim Beech Center and would like for the Commission to attend
and show their support. Mr. Pierre stated he is also before the Commission because they are
asking if the fees can be waived for the use of the facility.
Parks and Recreation Director Hayes stated the fees for the use of the Jim Beech Recreation
Center for this event, which they are anticipating will be an 8-hour event, would range between
$600 (Resident group) - $720 (Non-resident group). That fee is just to rent the facility but with
an event such as this there would be other cost associated with the City since the Fire and Police
Department would need to provide staff during the event. In addition, the organization would be
required to provide adequate insurance levels that meet the City's requirement. City Manager
Frank stated that in the past they have not approved salary or line items from overtime to pay for
Police and Fire. Commissioner Johnson stated that he is not trying to be the bad guy but his
problem is that there are local residents in the city that are not allowed to use the facility unless
the .pay for their use. He feels that if they start this process then others will come forward
City Commission Regular
October 6, 2009
expecting the same. He further stated his problem is doing a full donation and he feels that the
organization should pay a portion of the cost. Commissioner Wilsen stated her concern is that
we set a precedent and the last organization (Nerhling Society) did not get fees waived for their
event. She further stated the City can not really afford to waive any fees with the current
economic situations. Commissioner Johnson stated he appreciates the time and effort they put
into this program but feels they should also ask some of the local businesses in Pine Hills for
donations in paying for this event. Commissioner Hood stated his problem is that this event is
not for the benefit of Ocoee residents and even though they have waived fees for other non-profit
organizations such as the Ocoee Youth Soccer, Ocoee Little League, and so forth, he has to agree
with Commissioner Johnson and Wilsen. Commissioner Keller stated he looks at this as a
broader scope and sees that if the City can do something to help then it is something the city
should look into. He further stated they are talking about our neighbors in Pine Hills and the fact
that the children who have nothing to do or no where to go are going to go out and wander
through neighborhoods for other reasons. Commissioner Keller stated that helping a youth
group with an after school program will be a benefit to Ocoee. He would like to see the City do
something such as a reduction. Commissioner Hood inquired if they had gone before Orange
County to ask for assistance. Mr. Pierre stated they did send out sponsorship letters but did not
go before their Commission. Commissioner Wilsen agreed that they should go to the other
surrounding cities to ask for assistance. Ms. Pierre stated he started with Ocoee because the
event was taking place here and she is a resident of Ocoee. She does have a sponsorship letter to
deliver to Orange County and will attempt to speak with them about a donation.
Commissioner Keller, seconded by Mayor VanderQrift, made a motion that the
City waives the $600 for the rental of the facility: however, the orQanization is still
required to pay the cost for the staffinQ for Police and Fire should they be
needed. Motion failed 2-3 with Commissioners Hood, Wilsen, and Johnson
opposinQ.
I D. STAFF REPORTS AND AGENDA REVIEW
City Manager Robert Frank made the following report:
Item #3 needs to be moved to the regular agenda due to its complexity and the fact that choices
will need to be made.
Items #8, 9 & 10 have been pulled to be continued on the October 20, 2009 at 7:15p.m. or as
soon thereafter as practical.
Item # 12 Charter Review results - there is a packet in front of each commissioner for review.
Item #13 has been heard earlier by the commission. There are four emergency items on the
agenda.
Emergency Item #1 - Withers Maguire House Roof Replacement Contract Award
Public works Director Krug said the commission approved the funding for the air conditioning
and roof replacement. The total replacement costs for both are under the $40,000 as
appropriated by the commission at a previous meeting. Since we are above the $25,000 limit
that the city manager can approve to execute the purchase order, we are bringing it back before
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October 6, 2009
the commission. Commissioner Hood asked if the city is giving an open invitation for change
orders for the $3200. He further asked if the other two subcontractors would have an
opportunity to honor their full based price, including anything they might list on the change
order. Director Krug answered affirmatively and that he and staff had discussed the matter with
them to make sure they are all comparing apples to apples. Commissioner Hood didn't want it
to be common knowledge that there is a bit of a buffer there, thereby encouraging change orders.
Mayor Vandergrift declared it an emergency item.
Commissioner Hood, seconded by Commissioner Keller, moved to approve
awardinQ the contract to Roofmaster of Central Florida for the proposed amount
Qfj36,750.00, as recommended by Staff. Motion carried 5-0
Emergency Item #2 - Shoppes at West Oaks - Interpretation of Condition of Approval No.
34
Community Development Director Shadrix summarized this item. He stated when the project
was approved in April, it was agreed that the parcel would have to be developed as a single
parcel; this a typical condition of approval in development agreements to ensure standardization
for a subdivision process will be adhered to should it be developed as a compartmentalized site.
The site is being used for condominiums and will be managed by a condo association. As such
the City staff has interpreted it to not fall under subdivision regulations. In particular, this is
affecting the Aldi Foods, a 19,000 sq. ft. grocery store project. The Aldi project has been
approved and the city is ready to go with the project, but they have asked for clarification that the
City is not going to hold the developer to the subdivision regulation per Condition of Approval
(COA) #34. Staff has interpreted it, consistent with past interpretations, that the condo
association project exempts them from that condition of approval. Mr. Shadrix is asking that the
Commission affirm staffs interpretation that the development would be exempt from the COA
#34 of the previously approved Development Agreement, and that the condominium form of
ownership and conveyance of a condo unit does not violate COA #34.
Mayor Vandergrift declared it an emergency item.
Commissioner Hood, seconded by Commissioner Johnson, moved to approve
and affirm staff's interpretation of the Development AQreement that subjectinQ
the project to a condominium form of ownership and conveyance of a condo unit
does not violate CA0#34. Motion carried 5-0.
Staff reports continued: Emergency Item #3 - Villas at Woodsmere the performance surety
escrow agreement. City Manager Frank stated that Assistant City Attorney Dottie Watson has
been briefed on the matter and can explain it to the commission.
Emergency Item #3- Villas at W oodsmere - Performance Surety Agreement
Assistant City Attorney Watson addressed the commission. The project was approved some
time ago. Securing the improvement on that project was a letter of credit which is set to expire.
The new bank is set to offer the City a surety escrow (cash escrow) in place of the letter of credit
which was set to expire. They would be giving us sufficient cash to cover the improvements and
fulfill the terms under the Development Agreement as ascertained by City Engineer Wheeler.
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October 6, 2009
Approving this would authorize the execution of the escrow agreement and terminate the letter of
credit. City Manager Frank added that part of the agreement was that Foley and Lardner
would act as the escrow agent. The cash has already been deposited in the escrow account.
Attorney Watson stated that the cash amount is well above the estimated budget for the
improvements. Commissioner Johnson asked about the maintenance taking care of the place if
they're not building. City Manager Frank responded that such a matter would be on a different
bond, the performance bond was just to finish putting in the infrastructure. There is probably a
maintenance bond, but he wasn't sure if that is with the same bank. The Mayor asked if this will
take care of the road going to the project near the school. It was clarified that this was a different
subdivision; this is the property behind Good Homes Plaza.
Mayor Vandergrift declared it an emergency item.
Commissioner Keller seconded bv Commissioner Wilson, moved to approve the
performance Surety Escrow AQreement and Termination of Irrevocable Letter of
Credit and authorize the Mavor and City Clerk to execute same. Motion carried 5-0
Staff Reports Continued:
Paving of Maguire Road - the Maguire Road paving project, just south of the turnpike will be
begin this Sunday.
Repaving of Blackwood A venue - begins next week. The anticipated completion date is around
October 20th. Commissioner Johnson asked that signs be put up now announcing the road
projects. The Mayor directed that a press release be done to notify the public. Public Works
Director Steve Krug acknowledged that the press release will be done, and that the road work
will take place at night.
Mavor Vanden!rift asked about the status of Clarke Road and when it would be repaired. City
Manager Frank replied that the Clarke Road project will be funded by the federal stimulus
package. Commissioner Keller answered that the work on that road should start around the
middle of January. Capital Improvement Project Manager Butler noted that Ocoee as
received approval from the FDOT on the bid documents so that the bid advertisement can be
done next week. He stated due to lower costs of road construction they have been able to
upgrade this project to include some reconstruction, not just a mill and resurface. He said the
road will be over milled at the base and more asphalt will be added which will make the road last
longer. He said it will better handle truck traffic and wear and tear. He said the four lane area
south of A.D Mims Road will be upgraded, but the area north of there has different base material
and will have to be done separately. Commissioner Keller asked if they would be relieving the
bump in the road by Prairie Lake. Mr. Butler they will be over-excavated that and rebuilding the
whole road for several hundred feet on either side, as well as a few other places around storm
sewers where the road has settled. He continued that also going out for bid will be construction
engineering/inspection services. A team of three will be hired to do the work and meet all of the
reporting requirements as mandated by the state. It will be a sixty day construction period that
we hope will begin in January. It is a 1.675 million dollar project paid out of stimulus money. It
was clarified that the resurfacing will be from Silver Star Road to Clarcona Ocoee Road.
Ocoee Police Communications update City Manager Frank said Police Communications has
been moved to Apopka. Deputy Police Chief Steve Goclon stated City is no longer in the
communications business as of October 1, 2009 at 10:00 a.m. The radio frequency sounds a bit
'stat icky' but the matter is being addressed and will be resolved. The CAD/RMS will be fully
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City Commission Regular
October 6, 2009
operational within about two weeks. The business phone lines for City Hall, Police Department
and Ocoee went out last night but it was unrelated to the transition. The 9-1-1 system was still
working throughout the City. Commissioner Johnson asked how many of Ocoee's dispatchers
were hired by Apopka. Deputy Chief Goclon answered that none have been hired to date, but
not all of the vacant positions have been filled. Commissioner Johnson took issue with the fact
that no former Ocoee dispatchers have been hired and he asked the City Manager to write a letter
to Apopka inquiring about the matter. He said that the commission had been told that some of
Ocoee's former dispatchers would be hired. City Manager Frank answered that while the City
stated in the contract that they would like for Apopka to hire some ofOcoee's dispatchers, it was
not a requirement in the contract. Commissioner Johnson said that this is not what was told to
the commission by the Police Department. The Mayor said that when he had tried to place an
emergency call there was confusion as to the city the Mayor was calling from. Commissioner
Wilsen expressed disappointment that the City's former employees were not being given serious
consideration for vacant dispatching jobs with Apopka. Commissioner Johnson felt as though
the commission fell prey to 'smoke and mirrors' by Apopka. Commissioner Keller concurred.
City Manager Frank said he does not know if they have hired anyone since they contracted
with Ocoee, but will contact the administration in Apopka and express the commission's
concerns.
I E. COMMISSIONERS ANNOUNCEMENTS
tommissioner Kelle~ - None
CommiSSIOner Johnson - The Founders' Day Golf Tournament was last Friday and it turned
out great. The event made about $6,000 to $8,000. The Poker Run was Saturday. Deputy Police
Chief Goclon noted that about 90 motorcycles participated including some City employees. The
proceeds will go towards the Police Department's Toys for Tots service effort. Deputy Police
Chief Steve Goclon expressed thanks to Texas Roadhouse for sponsoring the Poker Run. He
thanked the City employees, the Mayor and the volunteers for their participation.
Commissioner Johnson continued that Friday will begin the Founders' Day entertainment with
Hazzard Kounty, Jim Van Fleet, and Charlie Daniels. The 5K race will take place on Saturday
morning. Entertainment starts around 3:00 p.m~ Saturday with Johnny Bulford, John Conlee,
Eric Church, and Heidi Newfield from Trick Pony. Headliner John Anderson, an Apopka native,
will also be performing last, followed by the fireworks. He invited everyone out to attend and
encouraged volunteers to come out and help also. The commissioner praised the City's staff for
their help. There are no tickets remaining for preferred seats.
Commissioner Johnson said that the City needs to look at charging for youth sports
organizations to use the Pop Warner fields. Parks and Recreation director Hayes said the
agreement is up for review in November and it will be coming before the Commission.
Commissioner Johnson expressed concern that he noticed people back-flipping off of the docks
at Central Park which could leave the City liable for injuries. City Manager Frank said that the
City could look at extending the dock so that it extends to the deeper water making injury less
likely. He said staff has met on this issue and Al Butler is looking into it. Commissioner Hood
complained that he ran into unruly youths at the dock. He also noted that something needs to be
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City Commission Regular
October 6, 2009
done about the trash there. City Manager Frank said that Chief Goc1on can make sure that
there is a police presence at the park. He further directed that perhaps unmarked police cars
should be used. Chief Goc1on concurred and said if they are damaging property or endangering
other or themselves we can give out trespass warnings. He said they will step up their presence
there. He added the Park Ranger has the authority to do that also.
Mayor Vandergrift said that he had come across an injured woman who was drunk at the Starke
Lake. He said that there are some who are abusing the lake front and that Ocoee police can
trespass those people. Deputy Chief Goclon agreed. The Mayor asked if there was a curfew at
the park. Chief Goclon answered that there was a curfew, but it has expired. There are park
hours of operation, however. The Mayor asked that we enforce the open container law and
show force there. City Manager Frank said he will look into the matter and discuss the matters
further with the Police Chief and Deputy Chief.
~,ommissiorfll...~wiiSCd announced that the Marketplace for Founders' Day, which Martha
Lopez-Anderson is handling, has 67 vendors and is completely filled up. They do have a waiting
list to notify people ahead of time for next year's event. They have many crafts, non-profit
organizations, and Congressman Grayson will be available at the Marketplace. She further
thanked Mark Johnson for doing such a wonderful job with the Founders' Day event.
Commissioner Wilsen inquired about the event that is to take place at the gazebo at the start of
the Founder's Day event on Saturday morning. Commissioner Johnson stated they will be
giving out awards to the 5K runners. Mayor Vandergrift stated he would like to have a
ceremony at the beginning of the event such as the one the City of Apopka has, where all the
elected officials, state representatives, and congressman attend. Commissioner Wilsen thanked
Public Works Director Krug and his team for the work they did on Montgomery Road to the
traffic calming devices. Mr. Krug reminded the residents that they are designed to drive the
speed limit of 25 mph. He further explained the new calming devices were modified to make
them more ecstatically pleasing.
Comiiiissioner Hood announced that the Ocoee Knights had a great game last Friday. They
won 42-0. This Friday at 7:30 p.m. they have another game.
Ma'Y.Or Vandergrift !announced that Heart and Sole, which is an organization that accepts new
shoes to benefit homeless and low-income children is collecting shoes at any of the local Fire
Stations throughout Orange County and Ocoee beginning now until October 31 st.
I F. CONSENT AGENDA
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City Commission Regular
October 6, 2009
The Ocoee Rotary Club has submitted a Special Event Permit Application to Authorize Sale of Alcoholic
Beverages for the purpose of selling beer at the Founder's Day Celebration on Friday, October 9th and Saturday,
October 10th of2009.
Approved on Consent. Motion carried 5-0.
13. Reannointment to PoIiCeiD.fraction Hearing Board. (CitY. Clerk Eikeii'b'errrJ ---:]
The Hearing Board consists of seven (7) members. Each member of the City Commission appointed one citizen
to the board, filling five of the seats. The other two members were appointed by the City Commission from
among the membership of the Citizens Advisory Council of the Ocoee Police Department (CACOPD), as
recommended by the Police Chief.
Currently, two positions are vacant and two positions are open for reappointment. Two of the four open
positions are to be chosen from the members of the CACOPD as recommended by the Police Chief. Police
Chief Brown has submitted his recommendations for Robert Minarcin (reappointment) and David Ball. The
District 2 appointment and the Mayor's appointment are also open. Victoria Laney, the Mayor's appointment,
indicated she would be willing to serve another term on the Hearing Board.
This item was pulledfrom the consent agenda to be heard separately.
City Clerk Eikenberry explained this item initially had three reappointments, but a late
resignation of one of the Board members created another opening on the board that required an
appointment from District #2. She stated an important workshop that will be held on Thursday
teaching board members how to handle the red light tickets created a need to get all members on
board prior to the workshop, if possible.
Rosemary Wilsen said she would like to appoint Martha Lopez Anderson as the District Two
representative to the Police Infraction Hearing Board.
Commissioner Hood, seconded by Commissioner Wilsen moved to approve the
three positions as recommended by staff and to include the Appointment of
Martha Lopez Anderson as the District Two representative. Motion carried 5-0.
- -.. -... '!I
1'4. Approval of Cumberland Avenue Storm Drain Pipe Replacement with APEC. (publiCi
Works Director Krug) _ I
The City issued a purchase order to APEC, Inc. in July to replace approximately 125 linear feet (It) of
deteriorated storm drain pipe on Cumberland Ave. between McKey St. and Oakland Ave. Public Works has
determined that an additional 160 If of pipe on same block of Cumberland will require replacement in the near
future. Public Works recommends issuing a purchase order to APEC for this additional work as they are
currently mobilized on site. APEC has furnished a price of $31,875.00 to perform this work, with staff
recommendation to award a not to exceed amount of $35,000.00 to cover any unforeseen field conditions. The
City will piggyback on the existing Seminole County Continuous Construction Services Contract No. CC-1075-
06/TLR. This additional work will not begin until after the Founders Day festivities.
Approved on Consent. Motion carried 5-0.
fS:- Annroval of Interlocar Agreement for Fire Dis[!atch Services. {Fire Chief Firstner)~
This Interlocal Agreement for Dispatch Services between the City of Ocoee and Orange County will go into
effect on October I, 2009, and will provide dispatch services for the fiscal years October 1, 2009, through
September 30, 20 II. This new agreement will continue the services provided under the existing Interlocal
Agreement for Fire Dispatch Services which expires on September 30th of this year.
Approved on Consent. Motion carried 5-0.
Mayor Vandergrift introduced Assistant city Attorney Dottie Watson, who is sitting in for City
Attorney Rosenthal tonight who is ill.
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City Commission Regular
October 6, 2009
I G. FIRST READING OF ORDINANCES
tf'First Reading of ordinance Amend.ing the Education Incentive Program, Section q.14J
of the Personnel Rules and RegulatIons Manual. (Second Reading and Public Hearing scheduled
for October 20.2009, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Human Resourcesl
Director Carnicella
Staff respectfully recommends the Commission approve the revisions of Section 13. 14 of the Personnel Rules
and Regulations for the Education Incentive Program as follows: Employees must work with the HR staff to
purchase books and resell them in the most cost effective way (Le. renting books) and to require an employee
who either fails to attend the class, fmish the course, and/or receives a grade below a C, repay the entire
reimbursement within four pay periods. The employee will be required to agree to the above before being
considered eligible for the incentive.
Assistant City Attorney Watson read the title of the Ordinance.
Mayor Vandergrift announced that the Second Reading and Public Hearing scheduled for
October 20,2009, Regular Commission Meeting at 7:15 p.m. or soon thereafter.
''J. First Reading of Ordinance Amending Sections 7-2A, 7-4A, 7-5A, 7-6A of Part IA Ofij
Article VII of Chapter 180 Relating to the Federal Emergency Management Agency's
National Flood Insurance Program Requirements. (Second Reading and Public Hearin~
scheduledfor October 20, 2009, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Building.
Official Washington) I
The city was notified by Federal Emergency Management Agency (FEMA) that we needed to review our
current floodplain ordinance for compliance with 44 Code of Federal Regulations Section 60.3(d) of the
National Flood Insurance Program (NFIP). If our ordinance was found in non-compliance, F.E.M.A. may
suspend the city from the NFIP. Provided the Planning and Zoning Commission recommendation is positive at
their meeting on October 13, 2009, staff recommends adopting the ordinance to bring our ordinance into
compliance and maintain our eligibility to participate in the NFIP.
Assistant City Attorney Watson read the title of the Ordinance.
Mayor Vandergrift announced that the Second Reading and Public Hearing scheduled for
October 20,2009, Regular Commission Meeting at 7:15 p.m. or soon thereafter.
I H. PUBLIC HEARINGS
.. --- - - -- - - - . -- - -~
-8. FIX Scenery & Display, Inc. (Advertisedfo.r Public Hearing in Orlando Sentinel Legal Classified onj
l ~ .Ji!P..tember 27, 2009)...:..,.{Senior Planner Howell) )
The subject property is approximately 20.89 acres in size and is located on the west side of the intersection of
Lakewood A venue and Laurel Ridge A venue. The PreliminarylFinal 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.
a. Preliminary/Final Subdivision Plan
b. Preliminary/Final Site Plan
This Item was continued to the next regular Commission Meeting on October 20, 2009, at 7: 15
p. m. or as soon thereafter as practical.
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City Commission Regular
October 6, 2009
I I. SECOND READING OF ORDINANCE - PUBLIC HEARINGS
. - - -- -
19. Woomer Property. (Advertisedfor Public Hearing in Orlando Sentinel Legal Classified ~n S;Pte'"mber 27,
I 2009). TO BE POSTPONED. TO THE OCTOBER 20, 2009, COMMISSION MEETING.
L-(Princi~al Planner Rumer)
The subject property is located on the West side of 1ST Street, Approximately 445 feet South of the Intersection
of I ST 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
are also consistent and compatible with surrounding properties.
a. Annexation
b. Rezoning
This Item was postponed to the next regular Commission Meeting on October 20, 2009, at 7: 15
p.m. or as soon thereafter as practical.
110. Crane Property. (Adv"tise.dfor Public Hearing. in Orlando Sentinel LegaiC!;.;sified on Septe;ber- 24'1
2009). TO BE POSTPONED TO THE OCTOBER 20, 2009, COMMISSION MEETING.
(Princinal Planner Rumer). _
The subject property is located on the West side of 1ST Street, Approximately 585 feet South of the Intersection
of I ST 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
are also consistent and compatible with surrounding properties.
a. Annexation
b. Rezoning
This Item was postponed to the next regular Commission Meeting on October 20, 2009, at 7: 15
p. m. or as soon thereafter as practical.
I J. REGULAR AGENDA
11 r AI!I~roval of RevisCd20"ii3Sneclal iij:oJect-Budget. (Utilities Director Smith) I
The following summarizes the changes to budget: I) Increase Project 5a "S. R. 50 Collection/Transmission
System Relocation and Expansion" budget amount by $ I 35,632 to cover additional costs incurred due to
construction in the relocation of Lift Station #7, providing electrical power to the station, isolation and
abandonment of the 12" forcemain located in the S.R. 50 Right of Way, and provide for contingency, 2)
Increase Project I I b "Blackwood Reuse Transmission Main" budget amount by $28,163 to cover additional
work and provide contingency, 3) Add Project lOb "Woodberry Easement Acquisition" with a funding amount
of $65,000 to cover the cost of the utility easement procurement and legal expenses, 4) Add Project 20b
"Reclaim Interconnection(s)" with a funding amount of $1,250,000 for reclaim system interconnection and
transmission projects, and 5) Add the unfunded projects 14b thru 19b.
Utilities Director Smith explained the budget in front of them is the proceeds from the 2003
bond. There is an accounting of expenses that have occurred over time, as well as some
additional projects and revisions that are recommended. Some costs are to cover expenses of
ongoing projects that are in progress right now; such as the SR50 Force Main project, once we
take the force main out of service we are going to add the hospital connection and the connection
of a private center to use the line after we abandon it. Weare also taking their facilities and
reroute them to other locations so that the line can be completely abandoned. There is also some
additional work on Blackwood that required additional funding. The last major issue is the 1.25
million dollar project to cover the interconnection between reclaimed systems, either by
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City Commission Regular
October 6, 2009
wholesale retail agreement with Orange County or OUC or reconnecting the south system that is
the concert to our own central system for capacity issues.
Mayor Vandergrift asked about interconnections with County systems for emergency.
Mr. Smith said we have been in discussions with the county and we are trying to set up two
scenarios: 1) emergency connections for both water and reclaimed and 2) a pass-through to
enable them to give it to us at one location and take it from another location and we could do the
same. That is common practice with utility departments. There is another meeting with the
County on October 28,2009.
Mayor Vandergrift asked the status of the water tower on Clarke Road. City Manager Frank
stated that the last discussion was that the county would sell it to us for $200,000 and the
depreciated value of the tank was 1.7 million. City Manager Frank said he spoke with the
district commissioner saying it would cost them $50,000 - $100,000 to tear it down thereby
saving considerable amount of money by giving it to us. His understanding is that the County
Manager and Utilities Staff are looking a way to get it on their books as fully depreciated so they
can sell it to us for the value of the land. He stated believes they will give it to us at some point,
just not quickly.
Mayor Vandergrift said he has been in favor of having a backup interconnect so we could at
least provide some water in that area (Clarke Road), even if it were at a lower pressure. City
Manager Frank said it is also his experience that it is common practice to have interconnects
with other agencies. He stated that with regard to reclaimed water; we have made it clear that we
are not giving up any service area for reclaimed water. Mayor Vandergrift said he would like
staff to negotiate with the County with regard to the JP A and don't be afraid to get into the
politics.
Commissioner Hood, seconded by Commissioner Johnson moved to approve the
2003 Special Project BudQet as recommended by staff. Motion carried 5-0.
Emergency Item #4 - Change Order No.2 with R.A. Scott Construction Company for
Blackwood Avenue 16-Inc Reclaimed Water Main Project.
Utilities Director Smith said that Utilities Department requested that the Engineering
Department use the services of R.A. Scott Construction Company because they are very happy
with the work they have done as contractor on the Blackwood Ave. project and other emergency
repairs. The engineering department has secured a change order for them to do the two
reconnections and abandonment of the 12 inch main previously discussed in Item # 11. CIP
Manager Butler said they recommend the commission approve the change order and move
quickly on this to save additional mobilization dollars.
Commissioner Johnson, seconded bY Commissioner Keller, moved to approve
ChanQe Order No. 2 with R.A. Scott Construction Company in the amount of
$40,616.00 and authorize the Mayor and City Clerk to execute the ChanQe Order.
Motion carried 5-0.
112. Charter Review commiSSiOn Recommendations. (Ci!y' Clerk Eikenber~ 1
Commissioner Hood, seconded by Commissioner Johnson, moved to postpone
this item to the next aQenda on October 20, 2009 so that the Board Chair could be
present. Motion carried 5-0.
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City Commission Regular
October 6, 2009
13. Discussion Regarding Waiving Fees for Use of a City Facility by Unity Force and!
Development for Gods Children, Inc. a Non-Profit Organization. (May-or Vandergrift)J
This item was moved up and handled under Public Comments.
I K. STAFF ACTION ITEMS - none
I L. COMMENTS FROM COMMISSIONERS
~ommissioner Kellerc, said he would see everyone this weekend at Founder's Day.
Commissioner Johnson - hoped to see everyone at Founder's Day as well.
I r---
Commissioner Hood - (1) asked Utilities Director Smith to take a look at the lift station near
Lakewood Manor; it needs attention with the landscaping. (2) informed Deputy Chief Goclon
that he has been receiving complaints about officers not handling calls for noise at 3 a.m., and
telling citizens there is no noise ordinance. Deputy Chief Goclon said they have done training
for that and all officers know there is a noise ordinance and it is enforceable, so please let him
know which officers these citizens are talking to. (3) asked why there was not a fence installed
around the African-American cemetery to protect it. City Manager Frank thought that Lester
Dabbs was going to investigate that and report to them and asked that staff contact him about his
findings. Commissioner Hood suggested that Mr. Dabbs come to commission and ask for funds
to expedite that project. Mayor Vandergrift asked if they were any closer to expediting the
walkway/access path from that cemetery to the Bulldogs Field parking lot. Parks & Recreation
Director Hayes stated they have not pursued anything yet because they were waiting to see what
Lester Dabbs' group was doing first. He spoke to Mr. Dabbs and knew they were working on a
few proj ects such as fencing, and other enhancements to the entrance. (4) inquired about the trail
between the homes on Ursula Drive and if the city stopped maintaining that area by the baseball
field; there are two dead trees in there. Mayor Vandergrift said the residents are not authorized
to utilize the easement and many people fenced it off. Commissioner Hood asked if the city
was liable for that because those dead trees are going to fall. He thought they were going to
vacate that land so the homeowners could extend their fences back. City Manager Frank
understood it to be an easement, which means it is the residents' property. The property needs to
be accessible to workers because of the lines buried there; however, the residents are required to
maintain it.
Commissioner Hood, seconded bv Commissioner Keller made a motion to direct
that Public Works cleans the easement and removes those two dead trees one
final time, then notify the residents in writinQ that it is their responsibilitv to
maintain it in the future. No vote taken at this time due to subseauent discussion.
Utilities Director Smith said the only right the city has to go into that area is to clear for access
to their facility. He added that if they incurred the cost of cleaning up that easement, then they
would have to do many others and the cost would be prohibitive. The residents have used that
area to throw out bulk items and call the city to come and clean it up. Commissioner Hood said
he understands their point, but this property has been maintained by the city for 10-15 years. He
thinks the city needs to clean it one more time and remove those two dead trees, then tell the
citizens they can extend their fences because they will be required to maintain it and allow
proper access to workers when necessary. City Manager Frank said that would open it up to
several other areas like that in the city and it would set precedence. Assistant City Attorney
Page 11 of 12
City Commission Regular
October 6, 2009
Watson cautioned that the city would need to get explicit permission from property owners to go
onto the property because the City does not have that right unless we are using the easement for
the purposes tied to the easement (access to utilities). Commissioner Johnson said the residents
are responsible for the right-of-ways and easements along their property lines, but he agrees the
city can clean it one last time and send them a letter telling it is their responsibility. Utilities
Director Smith reported that they will be working on about 300 homes off Lady Avenue with
meters in the back yard, so he recommended giving them at least 30 days to look at the
magnitude of that project and bring information back because said staff cannot do the physical
clearing of those trees and would require a vendor. City Manager Frank stated that we address
the issue of the trees and get permission from the properties owners on Ursula to that. He
directed Mr. Smith to report back on the magnitude of the rest of the clean up and that can be
handled at a later time. Commissioner Hood clarified that the residents asked the city to
remove those trees, so they have given permission.
Commissioner Hood, seconded bv Commissioner Keller restated the motion
directinQ staff to remove the two dead trees behind 808 and 810 Ursula Drive, and
have staff follow UP with information reQardinQ the rest of the property clean UP.
Motion carried 5-0.
ij'" __ Ilcll .. .
Commissioner Kellelj - Asked about an Issue WIth Betty J's FlOrISt. Commissioner Johnson
said that issue has been addressed.
I ADJOURNMENT
The meeting was adjourned at 9:00 p.m.
Attest:
APPROVED:
City of Ocoee
~~'J
A H Q
ikenberry, City ~
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