06-21-11 MINUTES
SPECIAL MEETING
CLOSED ATTORNEY- CLIENT SESSION
MOEN v OCOEE
June 21, 2011, at 6:15 p.m.
A. CALL TO ORDER
Mayor Vandergrift called the special session to order at 6:15 p.m.
B. CITY ATTORNEY COMMENTS
City Attorney Rosenthal will summarize the events of this case: Moen v Ocoee, filed in the Ninth Judicial Circuit of
Orange County under Case No. 2009-CA-28800-O.
City Attorney Rosenthal advised that in 2009, Arthur Moen brought a class action lawsuit
against the City of Ocoee and ATS for damages and declaratory relief with respect to the City's
red light camera ordinance. The case was filed in the Circuit Court for the Ninth Judicial Circuit
of Orange County under Case No. 2009 -CA- 28800 -0. Earlier this year, ATS and Plaintiff's
counsel met to mediate various lawsuits in which Plaintiff's counsel is representing plaintiffs
adverse to ATS, including the lawsuit against Ocoee. After two days of mediation, a proposed
settlement was reached that included the Plaintiff extending the same settlement terms to all the
Defendants cities, including Ocoee.
As required by Section 286.011(8), Florida Statutes, I have previously advised the City
Commission that I desire to have advice concerning this litigation and to discuss with the City
Commission, in a closed session, matters related to the settlement negotiations and strategy
related to litigation expenses.
Florida Statutes provide a limited exception from the Sunshine Law for the City's attorneys to
meet in private with the City Commission to discuss pending litigation to which the City is a
party. As required by Florida law, reasonable notice of the closed session has been given which
identifies the time and date of the closed attorney - client session and the names of the persons
who will be attending. The entire session will be recorded by a certified court reporter and no
portion of the session may be off the record. The court reporter's notes will be fully transcribed
and filed with the City Clerk. At the conclusion of the litigation, the transcript of the meeting
will become a public record. It is not permissible to leave the meeting to consult with other
persons regarding the subject matter of the meeting. Following the conclusion of the closed
session, it will be necessary to meet in public in order to adjourn the meeting.
The agenda has been structured so as to allow for public action by the City Commission should
such action be necessary following the closed session.
January 18, 2011
Special Session — Closed Session
C. ANNOUNCEMENT BY MAYOR VANDERGRIFT
Announcement of the Attorney - Client Session, persons in attendance, and estimated time of session.
Announcement that meeting will reopen at the conclusion of the Attorney - Client Session
Mayor Vandergrift announced that the City Attorney has requested a closed session with the
City Commission to discuss settlement negotiations and strategy related to litigation expenses in
the case described by the City Attorney. The persons who will be attending the closed session
are Mayor Vandergrift, Commissioner Hood, Commissioner Wilsen, Commissioner Johnson,
Commissioner Keller, City Manager Rob Frank, City Attorney Paul Rosenthal, Litigation
Attorney Scott Pendley, Assistant City Attorney John Hamilton and no others. It is estimated
that the closed attorney - client session will last forty -five minutes. Following the conclusion of
the attorney - client session, the meeting will be reopened in order to announce the termination of
the closed session and take such other action as the City Commission may deem appropriate.
The City Commission will now move into closed session.
D. MOVE TO CLOSED SESSION IN CONFERENCE ROOM
The closed session took place from 6:17 p.m. to 7:04 p.m. in the City Manager's Conference
Room on the second floor of City Hall.
E. RETURN TO COMMISSION CHAMBERS AND REOPEN SPECIAL MEETING.
Announce the time of the termination of the closed session.
Comments or proposed action from the City Commission
The Special Session was reopened to the public at 7:06 p.m.
City Attorney Rosenthal announced following the discussion in the closed session for the case
of Arthur Moen v City of Ocoee and ATS, which was filed in the Circuit Court for the Ninth
Judicial Circuit of Orange County under Case No. 2009 -CA- 28800 -; the staff recommendation
would be that the City Commission authorize its counsel to proceed with finalizing a settlement
agreement with Arthur Moen and ATS to be brought back to the city Commission for final
approval.
Commissioner Keller, seconded by Commissioner Wilsen moved to authorize the
City's counsel to proceed with finalizing a settlement agreement with Arthur
Moen and ATS to be brought back to the city Commission for final approval.
Motion carried 5 -0.
F. ADJOURNMENT
The meeting adjourned at 7:10 p.m.
MINUTES
OCOEE CITY COMMISSION
June 21, 2011, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Invocation — Commissioner Keller
Pledge of Allegiance — Commissioner Wilsen
Roll Call and Determination of Quorum — City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
Police Chief Brown presented Officer Joe Rodriguez with the Officer of the 1 Quarter Award.
Mayor Vandergrift shared a letter from Ocoee Police Officer Kirk Pendergrass announcing his
deployment to serve our country. Officer Pendergrass serves with the US Navy Reserves and
will be deployed on June 24, 2011.
Fire Chief McNeil introduced New Firefighter Paramedic Jillian Warrick and also presented her
with her helmet as well as her badge pinning.
Firefighter James Kelley with IAFF Local 3623 presented a check in the amount of $2500 to
B.A.S.E Camp Children's Cancer Foundation.
POSTPONED - Presentation of Award from Florida Planning & Zoning Association
(FPZA) for Outstanding Redevelopment Study. (Assistant City Manager Shadrix)
Assistant City Manager Shadrix presented the City's Online Permitting Application.
C. COMMENTS FROM CITIZENS/PUBLIC - None
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced the following:
1) Parks and Recreation Department still has a limited number of openings in its popular
swimming lessons program. Any individuals that are interested in registering for lessons
should contact staff at the Beech Center at 407 - 905 -3180.
2) Britt Construction which is the contractor for the Prima Vista Stormwater Outfall Project
will be utilizing a crane to set the outfall baffle box on Wednesday morning at Geneva
Street. This is the last major installation activity for the project before the roadway
restoration begins. Project is scheduled to be completed by the end of July.
3) Pioneer Key I Rehabilitation Project has begun with the construction of three water main
taps and the stormwater interconnect from the subdivision to the Pioneer Key Regional
Pond. Construction will be finished by March 2012.
City Commission Regular
June 21, 2011
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller — inquired if they could get a printer in their new office location. City
Manager Frank stated that could be arranged.
Commissioner Johnson — None
Commissioner Wilsen — Reminded everyone about the Farmer's Market this Friday from
3:30pm -8pm at the Community Center.
Commissioner Hood — 1) inquired if they would like to cancel the July 5 meeting. He will be
out of town and was not sure if anyone else would be out as well since it is a holiday weekend.
Commissioner Hood, seconded by Commissioner Johnson moved to cancel the
July 5 City Commission Meeting. Motion carried 5 -0. 2) announced the All Star
Tournaments are going on at the Ocoee Little League Field if anyone is interested in watching.
They have a game tomorrow at 6pm. 3) announced that they have a new baseball coach. Coach
Chuck Shaw will be the head coach for the Ocoee High School. 4) announced All Star is coming
up for the 12 year old division as well as for the Juniors and Seniors.
Mayor Vandergrift — read a letter from a Project Manager for the construction of a daycare at
the intersection of Maguire Road and Roberson Street who wanted to take the time to commend
the following city employees: Deputy Building Official Dean Hall, Building Official Jim
Washington, and Executive Assistant Adrianna Pierce. The letter stated that their prompt
courteous service throughout the first month of construction has been a pleasant surprise and has
made the construction process significantly smoother for them.
F. CONSENT AGENDA
Commissioner Hood, seconded by Commissioner Keller, moved to approve the
Consent Agenda Items #1 through #5. Motion carried 5 -0.
1. Approval of Minutes for the Regular Commission Meeting Held June 7, 2011. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 5 - 0.
2. Approval of Assignment of RFP #09 -002 Continuing Planning Services Agreement.
(City Planner Rumer)
A Continuing Contract has previously been awarded to Land Design Innovations for Planning Services. The City
was noticed that Land Design Innovations, Inc. had been acquired by Littlejohn Engineering Associates Inc. As a
result of the purchase, Littlejohn has been assigned all contracts that Land Design was currently working on at the
time of purchase. Land Design has requested that the City assign its contract for planning services to Littlejohn.
Staff recommends that the City Commission approve the Assignment of the contract for Continuing Planning
Services to Littlejohn Engineering Associates Inc.
Approved on Consent. Motion carried 5 -0.
Page 2
City Commission Regular
June 21, 2011
3. Approval of Award of the Site /Civil Portion of the Blackwood Avenue CRA Streetscape
Project. (City Engineer Wheeler)
The CRA project on Blackwood Avenue from SR 50 to Old Winter Garden Road includes realigning portions of the
sidewalk and roadway to allow for new landscaping, irrigation and lighting and to provide pedestrian crosswalks
along Blackwood Avenue. This portion of the project is only the site /civil work to prepare the site for the new
landscaping, irrigation and lighting which will follow the completion of this work.
Proposals were solicited from the six prequalified firms for the required work categories (concrete, and asphalt).
The lowest proposal of $106,285.40 for the base bid with an add alternate for concrete paver crosswalks of
$50,586.50, totaling $156,871.90; was received from Barracuda Building Corp. The Engineering Department and
CRA Administrator recommends that the City Commission award the project to Barracuda Building Corp. in the
amount of $156,871.90 which is the cost of the base bid plus the concrete paver crosswalks add alternate, and issue
the purchase order.
Approved on Consent. Motion carried 5 -0.
4. Approval of Edward Byrne Memorial Justice Assistance Grant (JAG) FY 2011
Application 2011- H3602 -FL -DJ for $16,043.00. (Police Chief Brown)
Based on FBI Uniform Crime Reports, $16,043.00 has been made available for the City of Ocoee Police Department
through the Edward Byrne Memorial Justice Assistance Grant (JAG). With this money, staff recommends the
purchase of three (3) digital portable radios to maintain compliance with an agreement made between all agencies in
Orange County, Florida, as well as Federal mandates to be digitally ready by the year 2012. In order to maintain
compatibility and interoperability with Motorola radios currently utilized by the Orange County radio users group,
Motorola radios must be purchased. Motorola is a sole source provider for these radios and offers only the Orange
County government contract pricing.
Approved on Consent. Motion carried 5 -0.
5. Approval of Easement Agreement from McCormick Road LLC to the City of Ocoee for
Property Located Contiguous to Existing Maine Street. (City Planner Rumer)
McCormick Road LLC is granting the City a perpetual easement that will provide right -of -way over, across and
under property owned by McCormick Road LLC, for the transitioning of Relocated Maine Street to the existing
Maine. The easement is necessary to allow the City to construct future improvements when Relocated Maine Street
is constructed and transitioned to meet up with the existing Maine Street.
Approved on Consent. Motion carried 5 -0.
G. FIRST READING OF ORDINANCE
6. First Reading of Golf Cart Ordinance. (Second Reading and Public Hearing is scheduled for July
19, 2011, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Police Chief Brown)
The City of Ocoee wishes to adopt an ordinance that allows the Honorable Mayor and Board of City Commissioners
to consider and approve resolutions to authorize the operation of golf carts within specified residential communities
and on roadways meeting threshold safety requirements in accordance with Florida statutes.
Mayor Vandergrift stated that he has a couple of comments (scrivener's error) that he would
like to pass along to the Police Department so they can make changes to the ordinance prior to
the Public Hearing.
City Attorney Rosenthal read the title of Ordinance. Mayor Vandergrift announced the
second reading and public hearing will be held on July 19, 2011, at 7:15 p.m. or soon thereafter.
H. PUBLIC HEARINGS
None
Page 3 — —
City Commission Regular
June 21, 2011
I. REGULAR AGENDA
7. Appointment of Members of the Districting Commission. (City Clerk Eikenberry)
At the Commission Meeting on June 7, 2011, the City Commission expressed an interest in moving forward with the
creation of an Early Districting Commission. A timeline has been provided to ensure that deadlines are met for the
2012 election. If appointments are made tonight the board could begin meeting as early as June 27, 2011.
City Clerk Eikenberry stated that she has received three names thus far. Mayor Vandergrift is
recommending Victoria Laney, Commissioner Keller is recommending Joe Chinelley, and Commissioner
Wilsen is recommending Anthony Adams. Commissioner Hood stated that he would like to appoint Julie
Butler but will still need to get with her to verify that she is able to serve. Commissioner Johnson stated
he does not have a name at this time.
Mayor Vandergrift, seconded by Commissioner Wilsen, moved to appoint Victoria
Laney, Joe Chinelley, Anthony Adams, and Julie Butler as members of the
Districting Commission with a member position open for Commissioner
Johnson's appointee. Motion carried 5 -0.
J. STAFF ACTION ITEMS
None
K. COMMENTS FROM COMMISSIONERS
Commissioner Hood — 1)stated that the architectural drawings just came out for the Senior
Assisted Living Facility on Hackney Prairie Lake and was wondering if the city was aware of it.
He stated they had tentatively approved a four story building for that location a few months back.
City Planner Rumer stated his department has only done one review of the site plan and it was
very insufficient. Commissioner Hood stated that this project has been put out for bid and it is
now a one -story building and is totally different then what was presented at their past meeting.
City Manager Frank inquired if he had a copy of the drawings. Commissioner Hood stated he
would bring in the plans he has to share. City Planner Rumer stated that they have applied for
a site plan for Phase One which will be a one story 59 -unit ACLF and they do have approval for
the four -story which will be in Phase Two. 2) wished everyone a safe 4 of July.
Commissioner Wilsen — None
Commissioner Johnson — 1) informed Public Works Director Krug that the plants on Maguire
Road have grown out really big and block the view of cars trying to get onto the intersection. He
was recently out at the Windermere Groves Subdivision and he heard complaints about the plants
by residents. Public Works Director Krug stated he would have someone look into it. 2)
added to comments made earlier by Commissioner Hood regarding Ocoee High School's new
baseball coach, Coach Shaw. He said Coach Shaw was at West Orange when his son was
attending that school and he has never seen anyone coach with such integrity. He told a story of
how four of his star players got into trouble at a regional tournament in Jacksonville and, as
previously warned, were dropped from the team which cost them the championship. He stated he
is an excellent educator and person and we are lucky to have him at Ocoee.
Page 4 - -
City Commission Regular
June 21, 2011
Commissioner Keller — 1) announced to the residents to please be very careful with fireworks
because the climate is really dry and there are already many wildfires in the area. 2) Marco's
Pizza is now open on Clarke Road/Silver Star Road and is open until midnight. 3)
Commissioner Johnson stated a new Mexican Restaurant is also opening at the Lake Olympia
Plaza where the Italian Restaurant used to be. 4) announced there was a good turnout at the
Hackney Prairie Relief School Meeting last night. He further stated whether you are for or
against it, Commissioner Boyd needs to hear from you. He said his fear is that if the County
votes against this and no other K through 8 is proposed; those students at Clarcona Elementary
south of Hackney Prairie will be going to Pinewood Elementary. Discussion ensued regarding
the rebuilding of Spring Lake Elementary in 2014. Commissioner Hood said in 2020 there is
going to be a new High School between Ocoee and Apopka, to handle the growth on the north
end of Orange County to take students from Ocoee, Apopka, and Wekiva.
Mayor Vandergrift — 1) stated there is letter on the dais in front of them that he has composed.
He further explained with the trying economic times he would like to meet with business owners
to see if there is a way we can help each other be more successful. He scheduled a date for
Thursday, July 14 but would like to see support from the Commission by entering into a
partnership with their business community and citizens. Commissioner Johnson stated that one
of the problems sees is that some of the businesses want to go backwards instead of forward. He
further stated he has no problem helping businesses but he does not want to go back to what it
was like before their sign ordinance was adopted which restricts the hanging of banners and so
forth. Mayor Vandergrift stated that he is not suggesting to relax the sign ordinance, but he is
looking to do something such as when they allowed real estate signage on the weekend. He
further stated he just wants the Commission and staff to open their minds as to what they can do
on a temporary basis until everyone gets through these times. Commissioner Wilsen stated that
she read the letter and interpreted it that the Mayor is trying to be more business friendly and is
not trying to change our ordinance. She further stated she is supportive of having an open
dialogue with businesses and being more business friendly. Commissioner Keller stated he also
does not have a problem with the meeting /work session the Mayor is requesting. Mayor
Vandergrift stated that without objection he will be directing staff to follow -up on
putting together a meeting date. City Manager Frank stated he will have Executive
Assistant Cowan contact them tomorrow and see what times would work for them.
ADJOURNMENT
The meeting was adjourned at 8:10 p.m.
APPROVED:
Attest: City of Ocoee
u AIL
r r ikenberry, City Clerk i f S. Scott Vandergrift, Mayor
Page 5 —