01-05-10MINUTES
OCOEE CITY COMMISSION
January 5, 2010, 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. 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: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
2009 Holiday Lighting Contest Winners -Parks and Recreation Advisory Board
Parks and Recreation Director Hayes announced the names of members of the Parks and
Recreation Advisory Board and that they had completed the judging of the holiday lights in
Ocoee. He announced the winners and asked them to step forward to receive their plaque, as
follows:
3`d Runner Up: Everett Eastham Jr. of 613 Aldama Court.
2°d Runner Up: Linda Pearson of 411 Caballero Road.
1 sc Runner Up: Marge Johnstone of 193 Beacon Pointe Drive.
Best Overall: Wayne Vaughn of 600 Cardinal Street. In addition to a plaque, Wayne also
received a gift certificate from Publix.
Special Presentation from Lynx Bus
Tony Walter from Lynx updated the Commission on their services and handed out a packet to
everyone. He described a new pick-up line service, No. 611, which has been in place since June
and runs a little different than the fixed route in that anyone can call in to reserve apick-up. The
service is Monday-Saturday and cost is the same as the fare for the normal service. He
announced that Link 30, which runs Monday-Friday, has been extended to Winter Garden
Shopping Center and Ocoee residents may pick it up at Highway 50. He explained how the new
route worked and the PUL lines operate. The packet he distributed shows all of the updated
routes. Discussion ensued. Commissioner Wilsen complimented Lynx on the efficiency of their
pick-up service that she has used many times.
Welcome Back Officer Jack Davidson (First Lieutenant, US Army Reserve) -Officer
Davidson has just returned home safely from his 10 month deployment to Iraq with the United
States' Army's 351st Military Police Company.
Police Chief Brown announced that Office Davidson is back from Iraq after a 10-month service
and that he served the country well and they are glad he is back. Officer Davidson thanked the
Commission and citizens for being so supportive of his situation, they helped relieve his worries.
He introduced his wife Rebecca. He said he flew a flag over the Tal Afar, Iraq on September 11,
2009, and presented that to the Mayor as a token of his appreciation to the City of Ocoee.
City Commission Regular
January 5, 2010
Mayor Vandergrift stated how proud he was of Officer Davidson and the troops defending our
country.
Introduction of Newly Promoted Sergeant Mark Bousquet and Sergeant Mireya Iannuzzi.
(Police Chief Brown)
Police Chief Brown introduced newly promoted Sergeant Mark Bousquet, and announced that
he started with Ocoee in 1992 with a Bachelor's Degree. Said he worked in traffic and most
recently has been filling in as an active supervisor for the past year. He then introduced Sergeant
Mireya Iannuzzi who came to Ocoee as an intern from Valencia Community College and was
hired in 2004. She was a detective since 2007. Both were promoted in early December and
Chief Brown asked that they both be congratulated for their promotions to sergeant, and they
were both pinned and presented with flowers.
C. COMMENTS FROM CITIZENS/PUBLIC
None
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank presented the following agenda additions:
Emergency Item -Amendment to the approved Preliminary/Final Subdivision Plan for Lake
Butler Professional Center and Maguire Road
Development Services Director Shadrix announced that this development now has a tenant, an
existing Ocoee business that needs to expand, which requires a minor modification to the
Preliminary/Final Subdivision Plan which was approved in April 2008. The change requested is
a reduction of square footage from 23,000 to 19,000 square feet and staff recommends approval
of this modification.
Commissioner Keller, seconded by Commissioner Johnson moved to approve
the amendment to the Preliminary/Final Subdivision Plan for Lake Butler
Professional Center and Maguire Road as recommended by staff. Motion carried
5-0.
Election Update from City Clerk Eikenberry- The City Clerk announced the Municipal
Election on March 9, 2010 and stated residents would be voting on Commission Districts #1 and
#3 and the position of the Mayor. She added that there would be eight referendum questions on
the ballot regarding proposed changes to the City Charter. Ms. Eikenberry said that candidate
qualifying is noon January 15 -noon January 22, 2010.
City Manager Frank said that Item #2 on the Consent Agenda needs to be placed on the regular
agenda for consideration since there are now two applicants.
The Commission, without objection, pulled Item #2 from the Consent Agenda.
City Manager Frank stated that we have a staff update on temporary signage policy and there is
a memo on the dais. He stated we can discuss it tonight or allow time for the Commission to
read the memo and address it at the next meeting.
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January 5, 2010
Mayor Vandergrift introduced the new Editor from West Orange Times, Jerry Jackson.
City Manager Frank said the Public Works Director Krug has a presentation with regard to
issues we have been having with the Commercial Solid Waste Contract.
Commercial Solid Waste Contract Issues
Public Works Director Krug gave a presentation showing a timeline of events leading up to the
current issues we are having today. The RFP was awarded to WasteWorks on September 15,
2009, with a proposed start date of November 1, 2009. Start date was extended to December 2,
2009, and then to January 1, 2010. Mr. Krug review issues over the few weeks with the
delivery of 320 containers (296 customers). By 4:00 p.m. on December 31, 2010, there were
only 45 of the 296 customers who had their containers and the seven commercial compacters
were not delivered. At that time the City decided to continue service with Veolia for another
month in order to keep serviceable containers in all customer locations. The city notified
WasteWorks to stop placing dumpsters and coordinate through the city for any further
placements. As of yesterday, WasteWorks has placed containers at 170 of the 296 customers.
Most of those containers do not have the company name and contact information as required.
Yesterday they were found servicing the franchise against city direction using a front load truck
from a competitor which is in violation of the franchise agreement. The issues with the status of
the franchise are:
• WasteWorks was not in the position to fulfill the requirements of the franchise agreement
as of January 1, 2010.
• The cost for Veolia to replace removed containers and reestablish service is $33,000.
• WasteWorks has not met agreed upon start dates of December 2, 2009 and January 1,
2010.
• As of close of business yesterday, WasteWorks continued to place containers against City
direction and still had only 170 of the 296 customers served. The city has double
dumpsters at numerous locations creating customer confusion and we are concerned
about double billing.
• Due to the complexity of the billing cycle, the franchise needs to be terminated and
started at the beginning of February
Mr. Krug added that they are asking for Commission Direction.
Fred Bonham of WasteWorks said that there had been some miscommunications. He said
issues could have been resolved if they would have sat down and worked together. He said he
had difficulty bringing containers up from Miami with freight companies being closed over the
holidays so Mr. Sills helped him with three trucks and trailers and worked through the night to
get these containers unloaded. He said past companies in Ocoee have had difficulties during
start up and as an HOA president he understood. He is asking the city to work with him. As of
last week he has spent over $205,000 on containers and worked through the holidays to make
this happen. He said as of today they have 203 customers serviced with 220 containers.
Discussion followed with regard to timelines between the City, Veolia, and WasteWorks. There
was discussion regarding WasteWorks not having the Commercial License that is required,
which delayed the start of the contract. Public Works Director Krug said WasteWorks is
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City Commission Regular
January 5, 2010
permitted as a recycler, and the commercial municipal contract required a different type of
license which they did not have and were not aware that they needed.
After discussion regarding the cost to keep Veolia servicing the franchise for the month of
January. Bill Stubblebine, Central Florida Area Manager for Veolia, stated that they gave a good
faith estimate to replace the containers for January at $33,000. Commissioner Johnson
questioned that amount and claimed they stacked the dumpsters in the old Piggly Wiggly parking
lot and returned some of them to customers with the same garbage in them. Regina Caronia,
General Manager for Veolia, stated that 22 cans were placed in the shopping center as a staging
area, but they were in and out in three hours.
Commissioner Hood asked Mr. Bonham if they would be ready to start the Franchise on
February 1, 2010 and if they agreed to pay Veolia approximately $33,000 to continue the service
through January. Mr. Bonham agreed that he would. Commissioner Wilsen said that despite
our wish to support local business, they failed to meet the contract requirements. She also
question the authorization of a "Disposal" truck servicing Ocoee and Mr. Bonham stated he had
no knowledge of that truck and stopped it as soon he was informed; he stated possibly one of his
partners had ordered it. Assistant City Manager Croteau stated that although Mr. Bonham
stepped up to the plate in the last week attempting to get the containers we had to protect our
commercial customers because they were falling short. WasteWorks put in 45 containers in two
days and there were customers with no dumpster who were just throwing their trash out. They
felt that Veolia could get containers back to all customers faster than WasteWorks and did what
we had to do to keep service going.
Scott Glass, Shutts and Bowen, on behalf of WasteWorks, stated his client, by nature of the
franchise agreement, is obligated to pay for the costs of another company to perform services
that they are failing to perform. He spoke to the Commission about WasteWorks attempt to
mitigate the damage of the breeched contract. He said WasteWorks has the dumpsters and
trucks, they have an obligation to pay Veolia for delivering services in January, but come
February 1, 2010 they should be ready with the dumpsters in place, properly labeled, and contact
numbers available or they should receive the five day notice of cancellation.
Commissioner Keller asked WasteWorks if they will be ready to fulfill all obligations of the
franchise agreement (dumpsters, compactors, trucks, etc.) by February 1, 2010. Mr. Bonham
said he has obligated himself by purchasing all the dumpsters to complete this project and would
not have done that if he did not feel they could meet the obligations of the contract with the time
extension. They have 220 dumpsters out and can have them all out by February 1, 2010.
Commissioner Keller asked about the solvency of the company, what is going on with partners
and lack of communication. Mr. Bonham said that they have a half million dollars in equipment
and a $200,000 cash bond the city can use if they don't perform. City Attorney Rosenthal
discussed the cash bond that was posted with the city, which the City accepted, but is not
consistent with the contract and did not provide the city with an adequate remedy in the case of a
failure. He outlined the basic deficiencies: 1) the timeframe for notice of cancellation in the
contract is 5 days vs. the 30 day notice of default to the bonding company 2) the contract has the
right of termination vs. the bond issuer the right to come in with a vendor of their choice to take
over and perform the city contract. He added that if there is a default, that the bond would not
protect us because it expressly excluded liability for damages. He would like to rewrite the
language of the bond to provide performance and adequate protection. Commissioner Keller
said we are one quarter of the way through the first year of this contract and we still haven't
gotten to square one because there seems to be many issues. He said he is concerned about the
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January 5, 2010
stability of the company and the trust level between WasteWorks and the City. He also stated
that the vote that they made to give this contract to a local company turns out to be owned
outside of the City. He asked if a motion to continue a contract with WasteWorks could include
language to revise the bond or other security that would give the city better protection in case
WasteWorks fails to perform. City Attorney Rosenthal stated that could be done.
Purchasing Agent Tolbert said bonds are generally required from construction companies; we
do not have a standard bond form to use for fee services. The bond that was submitted was a
regular bond that we use for construction projects; this is different because it is a franchise and
they only have five days. The bonding company may have changed the language because they
were not comfortable with it.
Mayor Vandergrift asked if the $33,000 estimate could end up being more. Mr. Stubblebine
said it could, but it could also be less. Mayor Vandergrift stated that there may be a cap put on
that number because a commissioner has expressed that it is too high.
Public Works Director Krug stated that their options are 1) to continue the contract with
WasteWorks under specific conditions discussed tonight 2) review the RFP and find out if the
other companies would honor their submitted proposals and award the franchise at another
public hearing 3) re-advertise for another RFP process. City Attorney Rosenthal said that
option #2 or #3 would include a motion to terminate the contract with WasteWorks. He added
that it is an unusual situation because contracts are not generally written with the contemplation
of nonperformance from day one. Mayor Vandergrift suggested another option was to hire
another company for one year and work at bringing it back in-house.
Mayor Vandergrift asked about how we would handle the dumpster situation if we vote to
continue with WasteWorks and allow Veolia to finish January. Public Works Director Krug
they would have to coordinate removing some of WasteWorks dumpsters and replacing them for
service in February. He asked for final comments:
Commissioner Keller said he would like to see us continue and have something in place so that
we are sure we have the funds should the company not be able to continue through the length of
the contract.
Commissioner Wilsen stated that she is not opposed to continuing with WasteWorks, but she
has concerns about the lack of communication (who is in charge of this company, who we should
be contacting, etc.), and the fact that the city's contract was not tight enough. She said she wants
to see WasteWorks succeed, but they must abide by the contract.
Commissioner Hood stated that there needs to be improved communication to eliminate the
liability on behalf of everyone; the city, WasteWorks, and Veolia. He stated he is tired of the all
of the hearsay and stories that went on as this issue unfolded and they need to work together
better as a city. He said he believes in second chances; he is in favor of giving WasteWorks until
February 1, 2010, as the responsibilities for the licensing issues and bond issues fall on the city.
There was some discussion about historical politics of the city.
Mayor Vandergrift stated this is not a "second chance" for this company; the contract has been
extended three times so this would be a "fourth chance." He stated they would take a short break
and come back with a motion. City Attorney Rosenthal stated that there are specific
amendments that will need to be made to the contract and he would discuss how to incorporate
them into the motion during the break. They need a framework for moving forward.
Commissioner Johnson the need to change the language of the bond if the timeframe is the only
issue. City Attorney Rosenthal said the bond currently states "in no event shall the surety be
liable for fines penalties, liquidator damages or forfeitures assessed against the principal" which
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City Commission Regular
January 5, 2010
clearly does not work for this situation. He stated the contract is enforceable, but it is not
appropriately secured by a bond. He added that the bond amount has to be $200,000 because
that was in the RFP, but we need to work out the language of the bond with the franchisee.
Commissioner Wilsen asked what guarantee we have that WasteWorks will pay Veolia the
$33,000 for the dumpsters pulling/replacing. City Manager Rosenthal said Mr. Bonham and
his attorney Scott Glass have acknowledged that they are obligated by the contract to do that and
if they fail to do that it is a default under the contract and they could be given a 5 day notice and
opportunity to cure; if they did not cure within those five days the contract could be terminated.
9:04 - 9:21 BREAK
Commissioner Keller, seconded by Commissioner Wilsen moved to continue the
contract with WasteWorks based on Commission approval and revision of
contract to a February 1, 2010 commencement and the following conditions:
1. Wasfe Works be assessed approximately $33, 000, for costs to replace removed containers
and re-establish service for one month.
2. WasteWorks to furnish new performance bond or alternative security acceptable to staff.
3. Equipment must be properly labeled as per contract and in place prior to the transition
ep riod.
4. Duplicate dumpsters to be removed and replaced with approval of the City in cooperation
with Veolia.
5. WasteWorks cannot bill customers for January.
6. WasteWorks designee Fred Bonham to coordinate transition with city staff and Veolia
7. No cure notice can be issued in the event of non pen`ormance on Feb. 1, 2010 and
thereafter return to 5 day notice.
Motion carried 4-1, with Mayor Vander_grift opposed.
Mr. Bonham from WasteWorks advised that he understands and accepts the motion.
There is no cost cap placed on Veolia.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Hood 1) thanked Jane Rainer and her staff at Ocoee Youth Soccer, it is a great
organization. He would like to see if they can work on getting a 5th field this coming year. 2) He
said that Ocoee Little League is holding registration the next two Fridays and Saturdays. 3) He
complimented Butch Stanley and the Fire Department for the work they did at the recent fire at
Bordeaux Condominiums. Deputy Fire Chief Stanley gave an update on those residents.
Mayor Vandergrift announced that State Rep. Bryan Nelson called and offered help to any
residents in need.
Commissioner Wilsen 1) HRDB will be putting on the Annual MLK Parade on January 18th at
10 a.m. on Clarke Road and invited all to attend. 2) Annual Spring Fling will be on March 27tH
and solicited volunteers to present topics at the event as done in the past.
Commissioner Keller 1) Reminded everyone to be careful and stop before making right-hand
turns on red lights because that all of the red light cameras are working now.
Commissioner Johnson was out of the room.
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City Commission Regular
January 5, 2010
Mayor Vandergrift 1) the Lake County Symphony Orchestra will be playing at OHS at
February 20`h. The committee will be meeting to support that this Thursday at 7 p.m. and they
need as much help as possible to raise money for that.
F. CONSENT AGENDA
1. Approval of the Regular City Commission Minutes held on December 15, 2009. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 5-0.
2. Appointment to the 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 Thomas Hendrix has announced that he is resigning from the board. Two applications
were received from Mr. Robert Godek and Ms. Pat Gleason.
This item was pulled from consent for discussion because there are now two applicants to be
considered. City Clerk Eikenberry stated that applicant Gleason had previously had an
application on file and it was found that she is still interested in being on the board. Her
application had been purged due to two year time delay and was asked to submit a new one at the
time of the agenda publication.
Commissioner Johnson, seconded by Commissioner Keller, moved to appoint
Pat Gleason to the General Employees' Pension Board of Trustees to complete
the four year term of retiring Trustee Thomas Hendrix. Motion carried 5-0.
3. Appointment of Fifth Trustee to the Police Officers' and Firefighters' Retirement Trust
Fund Board of Trustees. (City Clerk Eikenberry)
Trustees for the Pension Board serve two-year terms. Two of the trustees are appointed by the City
Commission, two are elected from the employee body, and the fifth trustee is chosen by those four trustees and
presented to the City Commission to ratify the appointment as a ministerial act. At their meeting dated
December 17, 2009, the Pension Board appointed Butch Stanley to serve as the fifth trustee for atwo-year term
to expire on September 30, 2011. The position was formerly held by James (Cash) Coschignano who was
absent from the last five (5) board meetings. The Operating Rules and Procedures of the Pension Board do not
prohibit current City employees from serving as the Fifth Trustee.
Approved on Consent. Motion carried 5-0.
4. 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 seven (7) members and their resolution allows no less than seven (7) members and no more
than fifteen (15) members. One application was received from Ms. Nanci Johson with an interest in serving on
the board.
Approved on Consent. Motion carried 5-0.
5. Renewal of Motorola Radio Service Agreement for FY 09-10. (Police Chief Brown)
In November 1995, the Honorable Mayor and Board of City Commissioners authorized the purchase of the
Motorola 800 MHz Radio system currently being utilized by the City in conjunction with Orange County's
radio system from Motorola, Inc. Also purchased with the radio system was a service maintenance agreement.
The agreement is required for equipment that is no longer under factory warranty. Included in the agreement is
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City Commission Regular
January 5, 2010
all covered radio equipment currently owned by the City of Ocoee with the exception of the radio equipment
purchased by the City for the Fire Department. The most recent agreement expired as of September 30, 2009.
The cost of the service agreement for the next 12 months is $30,538.56 (payable in monthly payments). Last
year's agreement was $31,457.76. $86,000.00 was budgeted in the FY 2009-2010 budget for Equipment
Maintenance Contracts. Currently there aze approximately 194 items (portable radios, mobile radios,
consolettes, and radio microphones) covered under the Motorola maintenance contract.
Approved on Consent. Motion carried 5-0.
6. Approval of Groundtek Mowing Contract Closeout. (Public Works Director Krug)
The 2009/2010 budget eliminated the contract mowing of City properties and right of way in order to obtain a
substantial savings by having these tasks accomplished by City forces. During the month of October, 2009,
Groundtek performed two additional cuts on the contract during the transition period for the City forces to take
over the mowing program. This item is to approve the final payment of $25,755.00 for the transition period
mowing and will close out the contract with Groundtek.
Approved on Consent. Motion carried 5-0.
7. Approval to Piggyback on Oviedo's Contract for Bulk Sodium Hypochlorite. (Utilities
Director Smith)
The Utilities Department utilizes liquid chlorine as its disinfecting agent in the treatment of its potable water
and wastewater. The department anticipates for water the purchase of 76,000 gallons of chlorine this fiscal yeaz
for a total annual budgeted amount of $60,420. The department also anticipates for wastewater the purchase of
63,875 gallons of chlorine this fiscal year for a total annual budgeted amount of $50,780.63. Total expenditures
for the fiscal yeaz should not exceed $111,200.63.
The City has been procuring chlorine from Odyssey Manufacturing, in which Odyssey has extended their
contract conditions (piggybacking) from their contract with the City of Oviedo, awarded October 5, 2009, by
City of Oviedo Resolution No. 2043-09. Staff recommends the City of Ocoee accept the terms of this contract,
effective January 1, 2010 and valid for one year, with two, one-yeaz renewal periods for a total of three years.
Odyssey's contractual price with Oviedo is $.70 per gallon, a savings of $.095 per gallon from the contract with
Pembroke Pines, from which the City of Ocoee is currently piggybacking.
Approved on Consent. Motion carried 5-0.
8. Approval of Lift Station #35 Rehabilitation. (Utilities Director Smith)
Lift Station #35, located on the West Oaks Mall property behind Best Buy, receives flows from the mall and
adjacent commercial azeas along State Road 50, Good Homes Plaza and Bordeaux Condominiums. The station
has two receiving manholes (see diagram) with the south manhole having two forcemain connections. The
connections are located near the top of the structure which drops wastewater more than ten feet, leading to the
release of diffused hydrogen sulfide gas. The gas has deteriorated both the manhole and station's internal walls,
and corroded the stand piping in the station. Funding for the rehabilitation, $135,000, was included and
approved in F.Y. 2009-2010 Budget.
Staff is recommending the rehabilitation of the manhole, lift station and standpipe by R.A. Scott Construction,
Inc., utilizing their similaz awarded contract with City of Altamonte Springs' "Liftstation 12 Relocation -Bid
ITB No. 10-003 (piggyback.) R. A. Scott will replace the receiving manhole with a new manhole, including an
external drop connection, clean and line the internal wall of the station and replace the stand pipe with HDPE
pipe with new supports, for $ 119,050.00. The work also includes dewatering for excavation and by-pass
pumping for wastewater flows.
Approved on Consent. Motion carried 5-0.
9. Award of Bid #10-02 Re-bid Wedgewood Commons and Whitehill Subdivisions to
Schuller Contractors, Inc, in the Amount of $421,730.00. (Purchasing Agent Tolbert)
Bids were received for the construction of a reclaimed water distribution system within an existing residential
subdivision that is already substantially occupied by residents. This retrofit project will utilize directional
boring methods so as to reduce the amount of surface damage and restoration work required. Preservation of
existing utilities and private property is an important aspect of the work.
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City Commission Regular
January 5, 2010
Approved on Consent. Motion carried 5-0.
10. Award of Bid #10-03 Clarke Road Rehabilitation Project to APAC-Southeast, Inc. in
the Amount of $1,005,542.50. (Purchasing Agent Tolbert)
Bids were received for the rehabilitation of Clarke Road to include all items necessary to furnish, deliver, and
install all materials, equipment, incidentals, and services, including all labor, for the work, which is generally
described as the rehabilitation of a portion of Clarke Road; i.e., milling and resurfacing of 13,300 linear feet of
this road from Silver Star Road (SR 438) to Clarcona-Ocoee Road. Project components include maintenance of
traffic, temporary striping, permanent thermoplastic striping, and clean-up. The bid shall include all of these
and any other work necessary to provide a complete and working installation ready for operation.
Approved on Consent. Motion carried 5-0.
G. PUBLIC HEARINGS
11. Crest (92 Bexley Blvd.) -Utility Easement Vacate/Abandonment Resolution. (Advertised
in the Orlando Sentinel Legal Classified on Thursday, December 24, 2009). (Principal Planner Rumer)
The 5 foot utility easement is located at the side yard of Lot 77, Silver Bend Unit 1, recorded in Plat Book 3,
Pages 4 and 5 also described as 92 Bexley Blvd (16-22-28-8049-00-770). The applicant is proposing to
construct a pool screen enclosure that will encroach portions of the platted side yard five (5) foot Utility
Easement.
All affected utility companies were notified and staff received letters of no objection from said companies.
City Attorney Rosenthal read the title of the resolution.
Principal Planner Rumer summarized the case.
Commissioner Johnson, seconded by Commissioner Keller moved to approve
the Utility Easement Vacation as recommended by staff. Motion carried 5-0.
H. REGULAR AGENDA
12. Renewal of Professional Services Contract with Legislative Consultants Alcalde and
Fay, Ltd. (Assistant City Manager Croteau)
Last January 15`, the City entered into an agreement for legislative consulting services with Alcalde and Fay.
The contract term was for one year at a cost of $60,000 annually plus expenses. Specifically, the firm was to
assist the City with public works, transportation infrastructure, water resources, and Federal appropriations and
grant programs administered by the Federal Government. Staff has worked with the firm over the past year and
has items pending for appropriations or grants including the Wastewater Infrastructure Project/West Side Sewer
Loop in the Water Resources and Development Act of 2010 and the Wurst Road Extension in the
Transportation/Highway Reauthorization Bill.
The current agreement with Alcalde and Fay expires on December 31, 2009. Staff would like to enter into a
new agreement with Alcalde and Fay effective January 1, 2010. The new agreement would be at the same rate
of $5,000/month or $60,000 annually. The contract can be terminated upon 30 days written notice, with or
without cause.
The City also has a contract with Gray Robinson to provide local and state legislative consulting services. This
contract commenced on October ls` of 2007 and is set to expire on September 30`~ of 2010. The annual cost of
this contract is $42,000 plus expenses not to exceed $4,200 per year. This contract can be terminated with 30
days advance notice.
Assistant City Manager Croteau explained that we have had a contract with Alcalde and Faye
for the past year which cost $60,000. There are some items pending at this time for appropriate
or grants 1) Wastewater Infrastructure Project (West Side Sewer Loop) and 2) the Wurst Road
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City Commission Regular
January 5, 2010
Extension, which has been placed forward for the Transportation Bill. She added that Alcalde
and Faye's contract expired December 31, 2009 and staff recommends we renew the contract for
another year, with the ability to terminate with 30 days notice.
Commissioner Wilsen, seconded by Commissioner Keller moved to approve the
contract renewal with Alcalde and Faye per staff recommendations. Motion
carried 5-0.
I. STAFF ACTION ITEMS
City Manager Frank noted that we did not address the signage issue earlier; the Commission
may address it now or at the next meeting.
Consensus of the commission, without objection, was to review the item
regarding temporary signage at the next regular commission meeting.
J. COMMENTS FROM COMMISSIONERS
Commissioner Keller wished everyone a Happy New Year
Commissioner Johnson had no comments
Commissioner Wilsen said annual calendar is out and available to everyone in City Hall lobby.
Mayor Vandergrift added that he would like to see the numbers larger on the calendar in the
future.
Commissioner Hood reminded everyone of Little League sign ups for the next two weekends.
Mayor Vandergrift said that Myra Kinney is having a meeting in her home to assist with
arranging the symphony event at Ocoee High School on February 20, 2010. Anyone interested
in helping can get more information from the City.
ADJOURNMENT
The meeting adjourned at 9:48 p.m.
Attest:
Eikenberry, City Cl r
APPROVED:
City of Ocoee
~"
_.,
...__.
S. Scott Vandergrift, Mayo
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