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01-04-11 MINUTES OCOEE CITY COMMISSION JANUARY 4, 2011, 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 Wilsen. 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 ➢ Promotion Ceremony of Police Lt. Michael Bryant. (Police Chief Brown) ➢ Presentation of Awards for the Ocoee Christmas Parade by the Lions Club: Judges Overall Ocoee Bulldogs Commercial Church 1 Footworks Dance Studio 1 West Orange Christian Service Center 2 All -In -One Entertainment 2 Glad Tidings Royal Rangers and Girls' 3 Liberty Tax Service Ministries Honorable Mention Disney Characters Pluto and 3` Harvest International Church and School Goofy Honorable Mention Liberty Lighthouse Church Non- Commercial Youth " Christmas Train 1 Ocoee Parks and Recreation 2 Mid- Florida Mustang Club 2 Ocoee Little League 3 Winter Garden Masonic Lodge 165 3 Young Blacks In Action Honorable Mention GFWC Woman's Club of Ocoee, Honorable Mention Ocoee High School Band and Inc West Orange High Band ➢ Presentation of 2010 Ocoee Tennis Players of the Year by Jack Vinson 2010 Players of the Year Katie Doody and Caleb VanDeventer ➢ Presentation of Awards for Holiday Lighting by Parks and Recreation Advisory Board Honorable Mention Chris & Betsy Townsend, 1075 Coastal Circle, Admiral Point 3rd Place Winner Everette Easthman Jr., 613 Aldama Court, Prima Vista 2nd Place Winner Wayne Vaughn, 600 Cardinal St. 1st Place Winner Marge Johnstone, 193 Beacon Pointe Dr. Forest Brooke Estates City Commission Regular January 4, 2011 C. COMMENTS FROM CITIZENS/PUBLIC Mayor Vandergrift shared information about the scarf he was wearing advising it was given to him at the 100 Year Celebration of the Republic of China (Taiwan). He further shared that there is an opening of "China Town" in Pine Hills across from the old Pine Hills Plaza and encouraged the residents to go by and check it out. There will be restaurants and other stores. He discussed the politics in China when it was divided a civil war after World War II and said Taiwan has a democratic government today and the rest of China (the Peoples Republic of China) operates under communism. D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced the next movie in the park is on Saturday, January 22, 2011, at 7 p.m. The movie featured will be "Despicable Me" and residents are encouraged to bring a lawn chair or blanket. Admission is free. City Manager Frank further announced Police Chief Brown will be departing for FBI Academy this Thursday morning. Police Chief Brown will be away for a couple of months so we wish him well and look forward to seeing him again as a FBI Academy Graduate. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller — thanked everyone who helped with Operation Santa including all of the residents that donated gifts. Commissioner Johnson — None Commissioner Wilsen — None Commissioner Hood — None Mayor Vandergrift — announced the passing of Nell Minor, 97 years old, who was longtime Ocoee resident. Ms. Minor was a member of several organizations in Ocoee as well as wife of one of our former Ocoee Mayor's. Further information was given on the services to be held for Ms. Minor. F. CONSENT AGENDA Commissioner Wilsen wished to pull Item #2 for discussion. Commissioner Johnson wished to pull Item #3 and #8 for discussion. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the Consent Agenda Items #1 through #10, less Items #2, #3, and #8, which will be heard separately. Motion carried 5 -0. 1. Approval of Minutes for Regular Cone i ai t .. ; c _ - =Road Deeetnber 7, 2010, (City Clerk Eikenberry) Approved on Consent. Motion carried 5 -0. Page 2 of 11 City Commission Regular January 4, 2011 2. Reappothtments to lhe ltjzen Advisory Council- of . the Ocoee Police Department (CACOPD). = (City Cl berry) Members of the Citizen Advisory Council for Ocoee Police Department serve three -year terms. The Resolution creating the Board allows no more than fifteen (15) members. The board currently has eight (8) members. The terms of Members Lloyd Hollingsworth and Fred Wilsen have both expired, and both have indicated an interest in being considered for reappointment. The following reflects the attendance of the board members: Lloyd Hollingsworth attended 2 of 6 meetings and Fred Wilsen attended 4 of 6 meetings. As well, there is one application on file for Mr. Jerry Zielinski, who has indicated an interest in being appointed to the CACOPD Board. This item was removed from the consent agenda and heard separately. Commissioner Wilsen stated her husband is being reconsidered for reappointment and she would like to abstain from voting. Commissioner Wilsen filed a Form 8B, Memorandum of Voting Conflict. Mayor Vandergrift, seconded by Commissioner Hood, moved to approve the reappointments to the CACOPD. Motion carried 4 -0 with Commissioner Wilsen abstaining. 3. Approval of Award, of RFP #11-004 Small Co Contitruction,trojects Tem Contract. (Purchasing Agent " Trt) The City intends to award a contract to one or more Contractors qualified and licensed in the State of Florida based on ability to rapidly mobilize, resources and equipment, experience with similar contracts, hourly price proposal, and a successful reference check. Contractor(s) selected by the City will provide construction services to the City on an as- needed basis for projects with an estimated value of less than $200,000; there is no guaranteed minimum dollar amount for actual construction. Task orders will be issued by the City to the selected contractor(s) for projects using a scope of work and purchase order for each project. More than one Contractor may be asked to provide a price proposal for a single project prior to issuance of the task order. Multiple awards may be made for a single project when no one Contractor offers all services that may be required over the term of the contract or to provide the City with greater production capacity. Each contract shall consist of a one (1) year term with four separate automatic one (1) year renewal terms with an optional one (1) year renewal. Staff recommends that the City Commission award six (6) Term Contracts for RFP #11 -004 to Southern Building Services, Inc., Prime Construction Group, Inc., Atlantic Civil Constructors Corp., Central Florida Environmental Corp., MVB & Associates, Inc., and Barracuda Building Corp, and authorize staff to issue task orders with the selected firms for construction projects with an estimated value less than $200,000, once the required insurance is secured. This item was removed from the consent agenda and heard separately. Commissioner Johnson stated he would like to increase the recommendation from six (6) Term Contracts up to ten (10) Term Contracts. He stated they picked 6 out of the twenty, but he feels ten would give us a better range to pick from. This would add #7 American Persian Engineers & Constructors, #8 Britt Construction, Inc, #9 Schuller Contractors Inc., and #10 Ruby Builders, Inc. CIP Manager Butler explained the Selection Committee wanted to have four (4) companies that did at least one of the different specialties that they listed. They were ranked primarily on competency and qualifications. They increased to six (6) companies because they knew those six companies would cover all four areas of specialties they needed. Increasing to ten (10) would just give them more flexibility to look at quality and pricing. Increasing to ten would also give them more building construction companies. Page 3 of 11 City Commission Regular January 4, 2011 Commissioner Hood inquired, of the ten (10) being considered, how many are MBE (Minority Business Enterprises). CIP Manager Butler stated he does not know the exact number. Commissioner Hood further inquired if all ten (10) met our insurance requirements. City Manager Frank stated subsequent to the award of this contract they would look for the proper insurance documents then look for lowest bid for each particular project. CIP Manager Butler stated they would be required have valid insurance; by staying below the $200,000 they don't have to do the performance bond, but they do have to prove insurance. Mayor Vandergrift inquired if there is a dramatic difference between the six (6) selected and the following four (4) being added. CIP Manager Butler stated that he cannot recall because the way they evaluated and ranked the companies were by looking at the mix of the skills all together and the qualifications of the company to do good work. He further stated the companies that were just added would add more flexibility and more building construction type of work. Commissioner Hood stated that he feels that with the way the economy has turned and with many businesses struggling they should be checking financials. City Manager Frank stated he is not sure if that was part of the RFP response. CIP Manager Butler stated that they do get release of liens from anyone subcontracted out. City Attorney Rosenthal stated with the five -year terms of the contracts the financials can change dramatically over the course of time, therefore if it were going to be required it would probably be better to require more current financial information at the time they are bidding on a specific job. There is a draft of a new contract in process being written and that requirement could be added. It is currently not in the RFPs. Commissioner Hood inquired if a form is completed that shows officers of their company in order to show that there are no conflicts of interest. Purchasing Agent Tolbert stated they do check into a company's officers with the Secretary of State. Commissioner Johnson, seconded Commissioner Keller, moved to approve the award of RFP #11 -004 Small Construction Projects Term Contract per staffs recommendation to the following businesses: Southern Building Services, Inc., Prime Construction Group, Inc., Atlantic Civil Constructors Corp., Central Florida Environmental Corp., MVB & Associates, Inc., and Barracuda Building Corp; as well as the addition of the next four on the ranking list: American Persian Engineers & Constructors (APEC), Britt Construction Inc., Schuller Contractors Inc. and Ruby Builders Inc. Motion carried 5 -0. 4. Approval . and „ r , + z F)ua s r. s r a ? e ' er < d Vie Adopted FY 2011 CIP Budget-to A Aar F ... " i . the Current Year. (CIP Manager The adopted FY 2011 Capital Improvement Program Budget includes a road capacity project related to widening Clarke Road near its northern terminus at Clarcona -Ocoee Road in Fiscal Years 2014 and 2015 with a total budget of $750,000 from developer contributions. One of the developments prompting the Clarke Road construction is Arden Park, which is a residential development planned for the area north and south of Clarcona -Ocoee Road west of Clarke Road. Under the terms of the Arden Park Development Agreement, executed on November 7, 2006, the developer is to make a payment of $250,000 for construction of traffic signal control at the intersection of Clarke Road and Clarcona -Ocoee Road on or before November 7, 2010. In the period of time since the Development Agreement was executed, Orange County has begun the widening of Clarcona -Ocoee Road and will undertake to construct that portion of the project from east of Clarke Road to SR 429 beginning in May 2011. The construction plans call for the County to install a mast -arm traffic signal at the current Tee - intersection of Clarke Road and Clarcona -Ocoee Road as part of this final phase of the project. With the planned changes to Clarke Road, staff identified an opportunity to modify the County's construction project to provide a four - legged intersection. Doing so will save substantial future costs, as it will permit construction of the Clarke Road extension without having to modify the intersection or block traffic on Page 4 of 11 City Commission Regular January 4, 2011 Clarcona -Ocoee Road. The County has agreed to work with the City to modify the construction plans to substitute a four - legged intersection conforming to a four -lane divided Clarke Road design. Stormwater structures, corner radius curbing, and intersection paving would be included in the 2011 construction project, and a foundation suitable for installation of a fourth mast -arm will be provided so the signal control can be efficiently modified in the future when the Clarke Road extension is constructed. The Engineering Department has proposed that the City issue a Task Order to Inwood Engineering in the amount of $12,690.20 to modify the existing Clarcona -Ocoee Road Widening Project construction plans prepared for Orange County to accommodate a full four -lane divided Clarke Road configuration. Approved on Consent. Motion carried 5 -0. 5, Approval and o 'on of-issuing of TPerpetual menses to Use Conne �: , �r� 4, 4 • The Florida Department of Transportation (FDOT) plans to widen SR 50 through the City of Ocoee. The first part of the project will widen SR 50 to six through lanes from the eastern entrance to the West Oaks Mall to Good Homes Road. We expect this project to begin in mid -2012. A few years later, under the present production schedule, construction will begin to widen the rest of SR 50 in Ocoee to six lanes as Phase II, from SR 429 to the end of the first phase. As part of this second phase of the project, FDOT intends to place its new stormwater management structures within rights of way owned by the City of Ocoee on Marshall Farms Road south of SR 50 and on Central Commerce Lane and Portion of Ocoee Commerce Parkway. To ensure that the stormwater facilities can remain within the City-owner street rights of way, FDOT has requested that the City execute a license agreement that is a cross between a ROW - utilization permit and an easement. Approved on Consent. Motion carried 5 -0. 6. Approval and Authorization T • ' n with the V ' g .of. SR 5O t f s at . Vida Lakes Blvd. to Use Mast Arm Structure& 014 t_e ) The Florida Department of Transportation (FDOT) plans to widen SR 50 through the City of Ocoee. The first part of the project will widen SR 50 from east of the entrance to the West Oaks Mall to Good Homes Road. We expect this project to begin in mid -2012. FDOT has agreed to allow the City of Ocoee to pay the additional cost of using mast arm traffic signals at the one included signal - controlled intersection, which is SR 50 at Vizcaya Lakes Blvd. The difference in cost between the strain pole installation originally planned by FDOT and the mast arm installation desired by the City is $12,430. FDOT has agreed to pay the additional costs of modifying the plans. The City's only cost is the difference in price between strain poles and steel mast arms. Approved on Consent. Motion carried 5 -0. 7. Approval . and Authori , for a t 551,:80,48 to Southeastern Surveying `` �a ; Analysis under the City's Continuing Contract for' City staff prepared a specification for LiDAR data collection that was reviewed and endorsed by a national panel of experts as representing the state of the art while also offering substantial cost savings over alternative approaches. Although initially put forth as a separate solicitation, City staff discovered during the surveying services RFP evaluation process that one of the recommended firms, Southeastern Surveying and Mapping Corp., was qualified to provide the needed LiDAR management and control services through its work with this technology for the Florida Department of Transportation. Accordingly, City staff requested that Southeastern Surveying prepare a proposal for the data collection effort in concert with a qualified LiDAR subcontractor. The selected subcontractor, Laser Mapping Specialists, Inc., is the most qualified and experienced firm in the aerial LiDAR sector. The Engineering Department has proposed that the City issue a Task Order to Southeastern Surveying and Mapping Corp. in the amount of $51,380.00 to compile a high- resolution LiDAR digital terrain model and related digital mapping products. Approved on Consent. Motion carried 5 -0. Page 5 of 11 City Commission Regular January 4, 2011 8. Approval of Public Works Temporary 1* `, Labor Service. (Public Works Director Krug) Public Works has historically utilized temporary labor in our Sanitation Division to supplement our Team Members on the rear -load collection trucks. Other Public Works Divisions utilize temporary labor only as needed and in emergency situations. The City currently does not have a contract with a particular temporary labor service. Public Works is proposing to utilize MDT Personnel (formerly known as Able Body Labor) by piggy backing off of their existing Orange County Contract Y9 -1071. Public Works contacted all of the local temporary staffing agencies and only MDT Personnel was able to provide the required liability coverage to perform the requested work along with an existing contract with another government agency that we are able to utilize. Staff recommends approval to issue a purchase order to MDT Personnel to provide temporary labor service to the Public Works Team based on the Orange County Contract Y9 -1071, for a not to exceed amount of $85,000.00 annually. This item was removed from the consent agenda and heard separately. Commissioner Johnson stated that he would like to include Labor Ready because it is a local business. He received calls from several citizens who walk to the Labor Ready and had informed him that we would be doing away with using them and going to a company in Orlando. Commissioner Johnson stated he spoke with staff and thought maybe it would be best to use both companies. Commissioner Hood inquired if there was a selection process that shows if those at the Labor Ready are resident's of Ocoee. City Manager Frank stated that he doubts they have such a selection process. He further stated they usually use the same people from Labor Ready day -to -day and week -to -week and know they are reliable; therefore if we accept both contracts when those people are no longer around we have the option of going with the cheaper MDT contract. . Public Works Director Krug stated the reason they were proposing MDT is because Labor Ready did not provide them with a contract until today; however they have clarified the misunderstanding and Labor Ready has provided the information. He gave the contract number for the new Labor Ready contract which piggybacks off the City of Orlando. City Attorney Rosenthal clarified that they are two different contracts; MDT from Orange County and Labor Ready from the City of Orlando. He stated he had not seen the Orlando contract and they need to clarify that there is nothing exclusive in the Orlando contract with Labor Ready. Mr. Krug said other agencies are already piggybacking off the Labor Ready contract. A brief discussion ensued regarding that Labor Ready is $1.24 per hour more than MDT however they carry liability coverage. They also expressed that they would like to encourage both companies to employee Ocoee residents first when possible. Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve the following two contracts: MDT (Y9 -1071) Contract Piggybacking off Orange County and Labor Ready Contract (B107-2262-2) Piggybacking off City of Orlando. Motion carried 5 -0. 9. Approval to Sole Some ** Truck,- `x . Tampa.. Crane & Body. (Public Works 'Director Kr The Sanitation Division's residential side -arm and rear -load collection trucks utilize Heil Environmental Industries (Heil) equipment. Due to the normal wear and tear on this equipment, the Fleet Division has the potential to spend up to $100,000.00 annually on replacement parts and any repairs that cannot be accomplished in our fleet shop. The majority of the parts for this equipment are proprietary and available only through Heil. The Heil dealer for Central Florida is Tampa Crane & Body, Inc. Public Works is requesting the Commission approve the awarding of purchase orders to Tampa Crane & Body, Inc. for a total not to exceed $100,000.00 as annually appropriated in the budget for the proprietary repairs on the City's Heil sanitation equipment. The parts and repairs are adequately funded in the budget. Approved on Consent. Motion carried 5 -0. Page 6 of 11 City Commission Regular January 4, 2011 10. Approval of Public Works, Uniform a ce# ' orks Di for Krug) Public Works has successfully contracted with Cintas for uniform service and shop towels for several years. With the addition of the mowing crew Team Members, the cost of providing the service now requires Commission approval. The total cost to the Department for this annual service is $29,350.00. Public Works recommends awarding the uniform service to Cintas through piggy - backing off of Volusia County Bid #08- B- 108JG, for Uniform and Facility Services Rental Program. This recommendation is based on their successful service history, quality of products, along with their willingness to hold and even reduce some of the unit costs again for this year. Approved on Consent. Motion carried 5 -0. G. FIRST READING OF ORDINANCE - PUBLIC HEARING 11, P d- (,S'eca� Public Hearing is scheduled for J 18 2.01I, Regular .0 ee gat l p a rl' }, taty Planner Rumer) The subject property is located on the north side of Silver Star Road and south of Rewis Street., '/4 east, northeast of the intersection of Bluford Road and Silver Star Road. The proposed Annexation and Initial zoning of the Zepeda property was reviewed at a Public Hearing by the Planning and Zoning Commission on December 7, 2010. The Planning & Zoning Commission voted unanimously to recommend approval of the Annexation and Rezoning of the +/- 2.5 acre parcel of land known as the Zepeda Property located at 244 E. Silver Star Drive. a. Annexation Ordinance City Attorney Rosenthal read the title of Annexation Ordinance 2010 -040. Mayor Vandergrift announced the second reading and public hearing will be held on January 19 2010 at 7:15 p.m. or soon thereafter. b. Rezoning Ordinance City Attorney Rosenthal read the title of Rezoning Ordinance 2010 -041. Mayor Vandergrift announced the second reading and public hearing will be held on January 19 2010 at 7:15 p.m. or soon thereafter. H. REGULAR AGENDA 12. Approval of Code E i>aP�+es1� Beth Avenue - Bank of America c/ Cou ywii is 4.°'` a , ' t ' n ley) lay, This property was cited on April 3, 2008, for a violation on failure to obtain required inspections for an additional garage and $50.00 due for re- inspection Fee, for permit #0602442, issued on October 16, 2006, expired on April 14, 2007. The requirements were to obtain inspections from the City of Ocoee Building Department and perform any alterations /corrections required resulting from permit related inspections. The code violation was for failure to obtain fmal inspection, the additional garage, and $50.00 due for re- inspection fee for permit # 0602442, issued on October 16, 2006. On July 07, 2008, the Code Enforcement Board issued an order to comply by August 15, 2008, or be fined $100.00 per day. On September 23, 2010, the property came into compliance with the City. Remax 200 Realty (Ms. Evelyn Pilchick) representing Bank of America c/o Countrywide Home Loans Inc. is requesting a reduction of fine /lien plus City's cost of $492.21 totaling $77,292.21, since they did not take control over property until May 18, 2010, as per OC Property Appraiser. On October 26, 2010, the Code Enforcement Board considered the request for a lien reduction and recommends reducing the total fine lien to $250.00. Page 7 of 11 City Commission Regular January 4, 2011 Deputy Fire Chief Stanley stated before them tonight is a reduction of fine and lien for 2000 Lauren Beth Avenue. This case was brought before Code Enforcement due to failure to have an inspection for an additional garage that was installed back in 2008. A fine was accessed of $100 /per day until compliance. The property was just brought into compliance in September of 2010. Mr. Stanley stated that the total fine due is $77,292.21 and the Code Enforcement Board is recommending reduction of fine to $250.00 plus staff costs of $492.21 for a total of $742.21. Commissioner Hood inquired if the bank took this property from the property owner. Evelyn Pilchick stated that was correct the property was foreclosed on and recorded on June or July 2010. Commissioner Hood further inquired when the bank became aware of the lien. Ms. Pilchick stated she received notice toward the end of July and immediately contacted the City to find out the situation. She corrected the problem and finalized the inspection soon thereafter. Commissioner Johnson inquired if there is a contract on the home. Ms. Pilchick stated she did have a contract but the buyer gave up a couple of weeks ago waiting for them to get this resolved. Commissioner Wilsen, Seconded by Commissioner Johnson, moved to reduce the fine to $1500.00 to be paid within 30 days or revert back to the oriqinal fine. Motion carried 4 -0 with Mavor Vanderqrift away from the dais. 13. Approval of Amen the .4.greelnent for Mental/Emotional Health Services with Heartspoken: Counseling g 9 1. $: f R .. 9l S f icel ) This Agreement is for psychiatric initial assessments, individual and family counseling, group counseling, employee assistance programs and training seminars for employees and their dependents. The budgeted amount this fiscal year is $60,000, however the Agreement was not changed to reflect this amount. The City has an existing agreement in place but the same needs to be amended so the language coincides with the budgeted amount of funding for each fiscal year. Mayor Vandergrift inquired if the City Commission would be able to vote on this item since they are all covered to use these services. City Attorney Rosenthal stated that because it affects all the City employees including the Commission then it is not a conflict. Commissioner Johnson, seconded by Commissioner Keller, made a motion to approve amending the agreement with Heartspoken Counselinq, Inc. for Mental /Emotional Health Services. Motion carried 5 -0. 14.. Approval of Award . of lam: #B11-02 2 Pioneer Key Phase 1: ale Home Park Rehabilitation Project. °(Purchasing t olhert) CIP Manager Butler stated the following project is a 2 million dollar project for renovating the infrastructure of a subdivision that is only worth 2 million dollars. This project will go a long way for setting the stage for improving the property over time with the help of the following steps: 1) infrastructure changes, 2) re -new code enforcement activities in that area, and 3) add annual utility inspections. CIP Manager Butler stated they are requesting for approval of the second lowest bidder because they did have some issues with the low bidder. They are currently still trying to check out some of the references for the low bidder. Commissioner Hood inquired as to who the Page 8of11 City Commission Regular January 4, 2011 lowest bidders were. CIP Manager Butler stated Mercon Construction who is located out of Oviedo and Pospiech Construction who is located out of Inverness. He further stated they have not worked with either company and only received 5 bids total for this project. He stated this will be a difficult project and there are indications that the low bidder may have underbid, so it will be difficult making sure everything gets done the way it is supposed to. CIP Manager Butler explained that they will have to get right -of -way easements from every owner to reconstruct the sidewalk. A brief discussion ensued regarding project costs. Commissioner Johnson stated that anything that we can do down there, we need to do it. This is the only way we will solve all the code issues. There are people living there in bad circumstances that deserve better and feels this is the step we have to take to get it to where we want it to be. Commissioner Johnson. seconded by Commissioner Hood, moved for the approval of Award of Bid #B11 -02 Pioneer Key Phase I Mobile Home Park Rehabilitation Proiect as recommended by staff. Motion carried 5 -0. I. STAFF ACTION ITEMS none J. COMMENTS FROM COMMISSIONERS Mayor Vandergrift announced that the Farmer's Market will be back starting this Friday and urged people to come out. Commissioner Hood 1) said Ocoee High School went undefeated at the Winter Park Soccer Invitational over the Christmas Holiday. He said they will be playing Olympia and Dr. Phillips this week; two state ranked teams. 2) stated there are issues at the Vignetti Fields where vehicles are able to cut through grassy area between the parking lot to the basketball court where there is pedestrian traffic. He said a young girl almost got hit by a truck. Additionally, someone drove over to the courts and made donuts. He stated the outfield fence needs to be extended to keep vehicles out with the exception of gates for the maintenance crew. Parks and Recreation Director Hayes said there is money in the budget to do some upgrades to Vignetti and there are plans in the works for additional interior fencing and improvements for accessibility to various areas (playground, racquetball court, basketball court, etc.). Commissioner Hood said he would like to see sidewalks going to each of the areas from the parking lot. There was discussion about the lighting. 3) said the sidewalk is broken at Tiger Minor Park, CIP Manager Butler said those have already been fixed by the contractor. Commissioner Wilsen 1) said she received a notice in the mail regarding meetings at Health Central on January 27 and February 8, 2011; she asked about more than one commissioner attending. City Attorney Rosenthal said to use caution with portions of the discussion that may come before the commission; they should not be discussed in that forum. Mayor Vandergrift stated that they could also ask the other commissioners to leave the room if they wanted to address the board. 2) thanked the Lions Club for the great job with the Christmas Parade. 3) reminded everyone of the Martin Luther King Parade on Monday, January 17, 2011, further information can be obtained on the website or at city hall. 4) announced the Safety Spring Fling is March 26, 2011; they are asking applications from people who have an occupation or expertise Page 9 of 11 City Commission Regular January 4, 2011 they would like to talk about at the event. Applications will be on the website, or contact City Hall. Commissioner Johnson 1) said he gave Public Works Director Krug some information on digital signals for school zones; the cost is approximately $1800. He stated this sign would enable the city to change the speed limit sign during school hours and regular traffic hours. He would like to at least try one on Maguire Road. A picture was shown on the overhead projector. City Manager Frank said he and staff will review the information. The consensus of the commission was to bring back information for the installation of two signs at Maguire and Spring Lake. 2) said he discussed with the City Attorney about getting a franchise for picking up commercial containers so that we can regulate it and get franchise fees. Public Works Director Krug said we have done it before; we need to notify all of the vendors in the Central Florida area; enter into a Franchise Agreement within one year of that notification; once we have entered into the agreement it will not be exclusive for three years. Franchise agreements could be awarded to one vender or more than one. City Attorney Rosenthal stated there is a statutory procedure that governs this; we did it once before and decided not to do it in the end. Mr. Krug said he will work up some numbers, but it will be very subjective. Consensus of the Commission was to bring back information on the process and estimated revenue. Commissioner Keller asked about taking down the Colony Plaza sign. Assistant City Manager Shadrix said we initially planned to have our staff do some clean up work on the site and they have done some of that. They determined removal of the sign may be more than they can handle; however there is some money in the CRA budget to pay someone to do it. Another consideration is to save the sign to advertise community events from the CRA. Public Works Director Krug said removal of the sign will consist of crane rental, and contractor, etc. and should cost approximately $1000. Commissioner Johnson stated that the owner of the gas station property said he would clean up his property if we cleaned up the colony plaza property. CRA Administer Wagner stated that they did go out and trim back all of the plant materials and overgrowth; it looks much better, however they didn't do anything to the structure or fence. Mr. Wagner added that his other thought was the sign could be used temporarily at that location to advertise CRA or community events. It needs to be fixed up or removed. He said the Colony Plaza sign from the top of the building was also preserved for future use one day. Mr. Wagner advised there was money in the CRA budget to cover the estimated $1000 cost. Commissioner Keller asked when this would happen and if we needed CRA Board approval. City Manager Frank said as soon as we get the appropriate permissions from property owners, etc. we should be able to move forward with the sign removal. Mayor Vandergrift 1) said the calendars are in and they look very nice 2) said Sorenson Park should be kept open at both ends. An installation of a culvert between the Park and Sorenson Lane /Ison Center would help accomplish that. 2) said he would like to consider getting Christmas lights next year. Commissioner Wilsen added that she thinks the banners along Maguire were very sharp looking, much nicer than the ones on Clarke Road. The Mayor discussed rental vs. purchase of decorations now that we have extra storage in Public Works. City Manager Frank said decorations got dropped from the budget wish list for the last two years due to tight budget constraints, but we can add estimates back into the budget process for the coming year. Page 10 of 11 City Commission Regular January 4, 2011 ADJOURNMENT The meeting was adjourned at 8:56 p.m. APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk 4 . Scott Vandergrift, Mayo Page 11 of 11 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR 1 COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST AM E- MIDDLE NAME 1 NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE I.0 I (,-3e/1, 5 C_ t 0 >m 0165 1 ; MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON `_ ` W CHI SERVE IS A UNIT OF: CITY COUNTY ITS O COUNTY O OTHER LOCAL AG&NCY OC O rG r,C,e"" NAME OF POLITICAL SUBDMSION: DATE ON W ICH VOTE OCCURRED 1� MY POSITION IS: ` i 61 i NELECTIVE O APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board. council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. ! INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, g ppo municipal, or other local public office MUST .ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting I on a measure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -voce basis are not pro - hibited from voting in that capacity. For purposes of this law, a `relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father - in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * EI.R EI) OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offi- cers. In order to participate in these matters, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ArrEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Wa,L BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form must be provided immediately to the other members of the agency. . • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I `'� 1 I�� hereby 4r / cPQ� ' y disclose that on U fld� [ r (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; V inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, IA I inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ta 1 1 t o Piled G2 Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLO- SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. , CE FORM 8B - REV. 1/95 PAGE 2