05-04-10MINUTES
OCOEE CITY COMMISSION
May 4, 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, and led by Commissioner Johnson. City Clerk Eikenberry called roll
and declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson and Commissioner Keller.
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
Presentation -Recognition of Sponsors, City Departments, and Employees for their
Participation in the City of Ocoee 5th Annual Spring Fling. (Deputy Chief Goclon) -moved
to the next agenda on May 18, 2010.
Fire Department Promotions -Battalion Chief Dennis Trimble, Lieutenant Brian Shiver,
and Engineer Richard Quinones. (Fire Chief McNeil)
Proclamations. (Mayor Vandergrift)
- National Water Safety Month -May 2010
- Municipal Clerks Week -May 2nd _ May 8th
C. COMMENTS FROM CITIZENS/PUBLIC
Smitty Branch -Sleepy Harbor Resident, 1) said he is trying to get residents to participate in
curb numbering. He wants to assist in doing the work if the Commission will give him their
blessings to do it with no license or permits. He said he will begin in his own neighborhood, but
if he can promote it in other neighborhoods he would like to do that. Mayor Vandergrift said
he can do it in his own neighborhood but if he expands from there he would need to get a permit.
Mr. Branch stated that he is not doing it to earn money; he just wants to charge enough to pay
for supplies. He said he would use black background with white letters, unless someone can
supply him with the more expensive reflective paint. Consensus of the Commission,
without objection, was that he could move forward with the address numbering
project in his own HOA. but would need approval from the police and fire
departments as to style and location of numbers. Any further work outside of his
HOA would require proper licensing/permitting.
2) said that some there are homes in Clermont where squirrels are eating the lead vents on top of
roofs causing water to leak onto the roof and he has a way to repair that. He would like to make
those repairs. 3) said he would like the City to look into getting the Ocoee TV programming on a
basic cable channel (which goes up to Chane199) because he does not want to pay $900 per year
for premium channels just to get government. City Manager Frank commented that we do not
have much control over that; we have been moved several times in the past four years. There was
discussion that staff would look into the channels and feasibility of charging the cable companies
for using our right of way to put the cable in. City Manager Frank said that we get money
City Commission Regular
May 4, 2010
through the telecommunications fee. City Attorney Rosenthal added that the legislature has
granted cable companies use of right of way. 4) Mr. Branch made a joke about when he got on
the scale his numbers read 1666.
Commissioner Wilsen confirmed with City Manager Frank that if he is going to start a business
in the city he will have to look into a business tax license and may need a professional
certification. Consensus was that they agreed he could do the house number painting in his own
HOA area.
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank
1) said Item #7 will be pulled until more information can be obtained.
2) said the agreement with Clear Village for Item #4 has been distributed on the dais this
evening.
3) said we have an emergency item on the dais regarding Maguire Road Phase V
Engineering Services. Mayor Vandergrift declared the item an emergency and advised
staff to go forward with the presentation.
EMERGENCY ITEM -Maguire Road Phase V Engineering Services. ~ .~_,~, .~ _ .,, e:_
City Engineer Wheeler advised that PEC Consultant Firm has closed their doors. They were in
the middle of some projects such as Maguire Road Phase V, which is before you tonight. Most
of the staff from PEC that were working on Maguire Road project have become employed with
Infrastructure Engineers, Inc. (IEI). He said they would like to contract with IEI to continue
doing the work on the project. AT this time we have no engineer of record to sign and seal the
plans. The second part of the project We are also assisting Foley and Lardner obtaining land and
rights of way for stormwater pond. IEI will pick up that part of the work for the amount of
money that is left in the contract with PEC. Using them as an Engineer of Record would create
an additional cost of $15, 204. There is money in the budget to do that. If we had to go back out
to bid we may pay more and have a difficult time getting someone to take over the as Engineer
of Record in the middle of these projects. Staff recommendation is that the Commission waive
Section 21.5 of the Code of Ordinances, establishing minimum standards for selecting
consultants and/or the contract for infrastructure engineers so the same engineers who now work
at IEI can continue working on the project. City Attorney Rosenthal and City Manager Frank
were in agreement with staff recommendations.
Mayor Vandergrift, seconded by Commissioner Keller, moved to waive the
requirements of Section 21 5 of the Code of Ordinances, Purchasing Code,
Exemptions to the minimum standards, approve contracting with Infrastructure
Engineers, Inc for the remainder of the Maguire Road Phase V Project for Right-
of Way and Land Acquisition Services in the amount of 21,549, approve
contracting with Infrastructure Engineers, Inc as the Engineer-of-Record for an
additional amount of $15,204 00, and authorize Staff to process the Purchase
Orders appropriately Motion carried 5-0.
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May 4, 2010
Staff Reports and Agenda Review Continued.
4) said that registration for Swimming Lessons starts Saturday, May 15, 2010 at 10:00
a.m.at the Beech Center for city residents only, registration for non-residents starts May
22, 2010. The cost is $50.00
5) said he sent an email regarding our Public Works Department being highlighted at the
American Public Works Association Meeting and Trade Show for our implementation of
the Pinpoint Geotech GPS Technology System. Steve Krug and Bill Simmons will be
speaking of the success that we have had thus far, as well as new ways we are planning to
apply this technology. He said there will be a presentation for the commission soon. He
said we are very proud of this system and sharing this information with other cities.
6) said Clarke Road rehabilitation is 95% completed at the time. Mayor Vandergrift added
that a sign on AD Mims, just west of Clarke has been knocked down. Commissioner
Hood said that was discussed at the last meeting Public Works Director Krug was going
to handle that as well as replacing the sod.
Resident Smitty Branch added that a sign is town on Blackwood Avenue new Texas
Roadhouse as well.
7) said Construction work at Central Park is almost completed although the rains last week
eroded much of the final grading and has delayed the ability to get sod from suppliers.
The boat dock should be completed this week. We are waiting for Progress Energy to
schedule the street light replacement project and then we will be opening back up. Mayor
Vandergrift asked if we have looked at LED lights or solar powered lights. City Manager
Frank said we are charged a flat rate at this time and would not save money if we used
LED, but we are working with Progress Energy to change that. City Engineer Wheeler
said we replaced the lights with that same thing that previously existed. Mayor
Vandergrift said we need to look into installing LED lights and not paying Progress
Energy any fee for electricity out there. Mr. Wheeler said he will look into that option.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller 1) said Ocoee High School Theater Department has SUSICAL, May 6-8
at 7:00 p.m. and a matinee on Saturday. 2) Ocoee High School Choral Department has their
concert program May 28, 2010. 3) wished all moms a Happy Mother's Day 4) reminded the
Commission and staff that they need to hold a workshop prior to the budget sessions with regard
to parks, roads, water, etc. 5) said that Oprah Winfrey dedicated the Ocoee Middle School
Library today; the show was aired today and will be re-aired tonight on Channel 27 at 9:00 p.m.
Mayor Vandergrift said the show was 59 minutes of Laura Bush, but the school item was on at
the very end of the show.
Commissioner Johnson 1) asked if the Golf for Autism Tournament was placed in the budget as
aline item, the tournament is coming up. City Manager Frank said he is almost sure it is in
there. Consensus of the Commission is to approve the expenditure for this event
if it was placed in the budget.
Commissioner Wilsen 1) said the Big Orange Games were very successful and well attended.
2) Ocoee Middle School open house last week, showed the new rehabbed library with new books
and computers.
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City Commission Regular
May 4, 2010
Commissioner Hood, wished all a Happy Mother's Day.
Mayor Vandergrift 1) stated that we lost a leading member of our community as well as
former Mayor and Commissioner this week, Sam Goodson, and announced that the viewing
services will be Wednesday from 6:30 - 9:00 p.m. at Baldwin Fairchild Funeral Home in Winter
Garden and the Funeral Service will be Thursday at 11:00 a.m. at Starke Lake Baptist Church.
Mayor Vandergrift stated that he will be missed. 2) said, for those watching the baby crane in his
neighborhood, they believe the crane was killed by a hawk and the whole neighborhood is in
mourning.
F. CONSENT AGENDA
Commissioner Keller, seconded by Commissioner Hood, moved to approve
Consent Agenda Items 1-4, as presented by staff. Motion carried 5.0.
1. Approval of the Regular City Commission Minutes Held on Apri120, 2010. (City Clerk
Eikenberry)
Approved on Consent. Motion carried 5-0.
2. Approval of Plat for McCormick Woods Phase 2. (City Engineer Wheeler)
This plat is for McCormick Woods Phase 2, which is 21.067 acres and located on the southwest corner of
Ingram Road and McCormick Road. Phase 2 consists of a 79 single family homes with its associated amenities.
With all new developments, the city is requiring the Traffic Enforcement Agreement and Agreement for
Upgraded Street Lights to be placed into effect at the time of platting.
Approved on Consent. Motion carried 5-0.
3. Approval of FDEP Consent Order for December 2, 2009, Lift Station #1 Overflow.
(Utilities Director Smith)
Lift Station # 1, on or near the morning of November 27, 2009, experienced a failure in operation which was
caused by an increased loading of grease/oil. Failure occurred when grease buildup around the floats inhibited
them from tripping, including the high level alarm float. The station had been inspected on Tuesday November
24, 2009, and found to be operating normally, with less than 50% grease liquid coverage. Three days later, on
November 27th, (the day after Thanksgiving) the station had 95% coverage. While it cannot be verified, it is
staff's opinion that there was significant illicit disposal of grease/oil into the sanitary sewer collection system
leading to the failure.
The failure of the station resulted in spillage flowing into a landlocked retention area located on sewer plant
property. The spillage was a violation of Florida Department of Environmental Protection (FDEP) rules and
resulted in a possible fine of $2,000/day. The District lessened the violation to a single day due to corrective
actions taken or planned by the City.
Approved on Consent. Motion carried 5-0.
4. Approval of Maintenance Contract for Development Services Software. (Development
On April 7, 2009, the City of Ocoee and the University of Central Florida (UCF) entered into an agreement
which allowed UCF to develop a software program for the tracking and processing of Development Services
permits and projects. Clear Village, Inc. has since offered to provide maintenance for the Development Services
tracking software that was developed by UCF. Under this contract, Clear Village, Inc. will maintain and support
the City's software system by providing updates and new releases, and will issue patches to fix bugs and deliver
enhancements. The contract will terminate on September 30, 2010, with an option to renew it each year on
October 1, 2010 for a one year period with a maximum of four renewals. The benefit to the City of entering into
this contract is the reasonable pricing along with the guarantee of all of the new development software
developed by Clear Village, Inc. The return on investment with this contract will guarantee a stream of updated,
market ready software that will expand the speed and service delivery of the Development Services Department.
Approved on Consent. Motion carried 5-0.
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City Commission Regular
May 4, 2010
G. FIRST READING OF ORDINANCE
5.
Homes In Partnership (Oak Level Heights). (Second Reading and Public Hearing is
May 18, 2010, Regular Commission Meeting at 7.• I S p. m. or soon thereafter). (PrinCil
The t 1.3 acre subject parcel consists of lots 1, 2, 3, 19, 20, 21, & 22 of Block D, Oak Level Heights, platted in
1925. The subject properties are located on the west side of Adair Street, on both 2"d and 3`d avenue. All of the
lots are vacant and were platted at 55 feet wide by ~ 151 feet in depth for an average of 8,305 square feet. The
subject property is located in a large enclave of unincorporated Orange County characterized as a mixture of
single-family homes, vacant lots and a church.
The lots are currently zoned A-1 (Agriculture) in Orange County. On August 21, 2007, the Orange County
Board of Adjustment approved variances on all seven (7) lots. The variance approvals permitted a lot width of
55 feet in lieu of 100 feet and lot sizes of 8,300 square feet in lieu of 21,780 square feet.
The applicant intended to obtain potable water from wells and use septic systems for sewer, but would require a
variance from the State Department of Health because of separation requirements of 75 feet in between well and
septic systems. By annexing into the City of Ocoee, the applicant can connect to the City's water service which
would exclude the septic svstems from meeting the 75 foot separation requirement.
a. Annexation
City Attorney Rosenthal read the title of the annexation ordinance. Mayor Vandergrift
announced that the second reading and public hearing will be held May 18, 2010 at 7:15 or soon
thereafter.
b. Rezoning
City Attorney Rosenthal read the title of the rezoning ordinance. Mayor Vandergrift
announced that the second reading and public hearing will be held May 18, 2010 at 7:15 or soon
thereafter.
Proposed Code Amendment for Temporary Deferral of Road Impact Fee Payments.
THIS TITLE WAS READ AT THE APRIL 20. 2010. REGULAR COMMISSION MEETING. (This was erroneously
published that the Second Reading was scheduled for May 4, 2010; however, the Second Reading and Public
Hearing will be advertised and is scheduled for May 18, 2010, Regular Commission Meeting at 7:15 p. m. or
soon thereafter). (Development Services Director Shadrix)
Mayor Vandergrift announced that the first reading of this ordinance took place on April 20,
2010. The agenda published that the second reading was tonight, May 4, 2010, but it has been
scheduled and advertised for second reading on May 18, 2010.
H. PUBLIC HEARINGS -None
I. REGULAR AGENDA
7. Discussion Regarding Proceeding with Crematory Vaults in the Ocoee Cemetery. (City
Clerk Eikenberry)
This item was pulled from the agenda until more information can be obtained from the vendor.
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City Commission Regular
May 4, 2010
J. STAFF ACTION ITEMS
None
K. COMMENTS FROM COMMISSIONERS
Commissioner Wilsen - no comments
Commissioner Hood-no comments
Commissioner Johnson 1) asked about Windsor Landing retention pond area and said we need
to place signs up for no fishing beyond this point so they don't go in backyards of the homes.
Parks and Recreation Director said some signs have been placed in the park with park hours, but
not down by the lake. Commissioner Johnson wanted signed on both ends of the retention pond
by the homes that state "No fishing beyond this point." Mr. Hayes stated he will get with Chief
Brown and get those signs placed out there. City Attorney Rosenthal said it is not a police
enforcement issue, they should be considered a city policy. 2) Said he goes to various functions
such as the Big Orange Games this weekend and feels that someone from Community Relations
needs to be there to photograph. City Manager Frank said that has not been done in the past,
but we can budget for that if it is what commission wants. The Mayor said she would like to
have someone other than himself take photographs. He said Gloria Vyka assisted by taking
pictures at the last event.
Without objection, consensus was to send someone from Community Relations
to the various functions.
Commissioner Keller -wished all the moms a Happy Mothers Day.
Mayor Vandergrift - no comments.
ADJOURNMENT
The meeting was adjourned at 8:03 p.m.
Attest:
\ ,},_f~ ~ ~s ~~
yhA
Beth iE kenberry, City Clerk
1
APPROVED:
City of Ocoee
S. Scott Vandergrift, May
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