10-18-11 Agenda OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
October 18, 2011 AGENDA 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
B. PRESENTATIONS AND PROCLAMATIONS
Presentation - Fire Department Promotions of Lieutenant David Whitaker to
Battalion Chief and Battalion Chief Tim Hoover to Deputy Chief. (Fire Chief
McNeil)
Presentation of Plaque to Manheim Auto Auction and La Que Buena Radio Station
for Contributions to Fiesta de Colores — HRDB Chairman William Maxwell
Proclamation — United Nations Day — October 24 (Mayor Vandergrift)
Presentation - Withers- Maguire House
> Provide Proposed Plans and Address Questions by Ocoee Historical
Commission. (CIP Manager Butler)
> IRS Tax Exempt Reinstatement - Alitia Mikiten, Ocoee Historical
Commission
C. COMMENTS FROM CITIZENS /PUBLIC
D. STAFF REPORTS AND AGENDA REVIEW
E. COMMISSIONERS ANNOUNCEMENTS
F. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE
ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS
DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL
INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM
WILL BE CONSIDERED SEPARATELY.
1. Approval of Minutes for the Tentative Budget Hearing Held on September 7,
2011, Final Budget Hearing Held on September 21, 2011, and Regular
Commission Meeting Held October 4, 2011. (City Clerk Eikenberry)
City Commission Regular
October 18, 2011
2. Reappointments to the Parks & Recreations Advisory Board. (City Clerk
Eikenberry)
Members of the Parks and Recreation Advisory Board serve two -year terms. The Ordinance provides
that the Parks and Recreation Advisory Board membership shall consist of nine (9) members and
whenever possible, appointments to the Board may include one member from each of the following
organizations: Ocoee Little League, Ocoee Youth Soccer League (OYSL), Ocoee Bulldog Pop Warner
Football, and West Orange Senior Citizens Association. The two -year terms of Gordon Applegate,
Mary Barber, Sylvester (Ves) Baxter, Jr. and Herbert Watring end October 1, 2011. All members have
indicated they are willing to serve another two -year term, if reappointed.
3. Reappointments to the Citizen Advisory Council for the Ocoee Fire Department
(CACOFD). (City Clerk Eikenberry)
The Citizen Advisory Council for the Ocoee Fire Department (CACOFD) was created to promote and
maintain communication, cooperation and a positive relationship between the City of Ocoee's citizens,
City Commission and Fire Department. The board shall consist of no less than 7 members, no more
than 15 members, who will serve three (3) year terms. The three -year terms of Members Warren
Channel, Charles Lawrie, and Fred Wilsen end November 1, 2011. All members have indicated they
are willing to serve another three -year term, if reappointed.
4. Approval of Special Event Permit to Authorize Sale of Alcoholic Beverages,
Application by the Ocoee Professional Firefighters Local 3623, for Founder's
Day on November 4 and 5 (City Clerk Eikenberry)
In accordance with Resolution 2006 -010 as approved by the City Commission, Ocoee Professional
Firefighters Local 3623 has filed a special event permit application for the purpose of selling beer at
the Founder's Day Celebration on Friday, November 4th and Saturday, November 5th of 2011.
Proceeds from the event will go towards local and surrounding charities which support residents within
the community.
5. Approval of Police Digital Portable Radio Purchase. (Deputy Police Chief
Goclon)
The FY 2011/2012 budget provided up to $75,600 for the purchase of 14 digital portable radios and
accessories. 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 contract pricing of $5400 per
radio and related accessories. These radios will also be compliant with pending Federal mandates.
6. Authority for the City Attorney to File Suit Seeking Recovery of Bonded
Additional Costs Associated with the Failure of Mercon Construction Co. to
Complete the Work Related to the Pioneer Key I Rehabilitation Project should
the bonding company, Lexon Insurance Co., Fail to Satisfactorily Settle the
City's Claim against the Performance Bond. (CIP Manager Butler)
The Pioneer Key I Rehabilitation Project was originally awarded by the Ocoee City Commission in
January 2011 to Mercon Construction Co., which subsequently chose to terminate the contract after it
had been executed and a performance bond provided to the City to ensure completion of the work.
The City then awarded to the second - lowest bidder, Pospiech Contracting, Inc., in April 2011 at a price
that was $183,144.32 higher than the Mercon contract price. The City then notified the Mercon
performance bonding company, the Lexon Surety Group, of the City's claim against the bond for
Mercon's failure to perform. Among other costs, the City incurred the additional cost of construction
equal to the increase in contract price. Except for asking for contract documents, Lexon has not
responded to the claim in a meaningful way. Should negotiations remain at an impasse, staff seeks
authority for the City to file suit in Circuit Court seeking recovery of its additional costs associated
with the failure of Mercon Construction Co. to fulfill its obligations, as insured by the Lexon
performance bond.
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City Commission Regular
October 18, 2011
7. Approval for Award of Bid #B12 -02 Blackwood Avenue Landscaping and
Irrigation Project. (Purchasing Agent Tolbert)
In conformance with the policies and procedures of the City of Ocoee (City) solicited bids from
qualified contractors to construct the Blackwood Avenue Landscaping and Irrigation Project. All work
for the project shall be designed and constructed in accordance with the drawings and specifications
prepared by Bellomo Herbert and Company, Inc. Bids include all items necessary to furnish, deliver,
and install all materials, equipment, incidentals, and services, including all labor. The project consists
of the removal and installation of landscaping which will consist of Sylvester Date Palms, Oaks,
Magnolias, as well as other trees and shrubs. The project also includes installation of a complete
irrigation system along Blackwood Avenue from Old Winter Garden Road to State Road 50
(approximately 0.25 miles).
G. SECOND READING OF ORDINANCES — PUBLIC HEARING
8. Donahue (120 1 Street). (Advertised in the Orlando Sentinel on Thursday, October 6, 2011,
and Thursday, October 13, 2011). (City Planner Rumer)
The subject property is located on the west side of Pt Street, south of Silver Star Road. The proposed
Annexation and Rezoning is for the +/- 0.60 acre parcel of land known as the Donahue Property
located at 120 1 Street.
a. Annexation Ordinance
b. Rezoning Ordinance
9. Land Development Code Amendment — Table 5 -1. (Advertised in the Orlando Sentinel
Orange Extra on Thursday, September 22, 2011, and Sunday, October 9, 2011). (City Planner
Rumer)
Staff is requesting approval of an Ordinance providing for amendments to the Land Development Code
relative to Table 5 -1 of Article V of Chapter 180, making Pawn Shops prohibited in the C -2 zoning
district, and prohibiting Automobile Service Stations and Automobile Repair in the C -2 zoning district.
H. PUBLIC HEARINGS
10. Eagle Creek of Ocoee Preliminary Subdivision Plan. (Advertised in the Orlando Sentinel
on Thursday, July 21, 2011). Cancelled. Will be re- advertised when ready to come
before the Commission. (Principal Planner Fabre)
On August 2, 2011, the City Commission, at the request of the developer, voted to continue the Public
Hearing on this item until September 20, 2011. On September 20, 2011, the City Commission, at the
request of the developer, voted to continue the Public Hearing on this item until October 18, 2011. At
this time we have received a written request from the developer that they will resubmit for the
November 15 meeting.
I. REGULAR AGENDA
11. Approval of Code Enforcement Reduction of Fine/Lien of $107,850.00 for Michelle
Hudson, Located at: 811 Doreen Avenue. (Assistant to the City Manager Gaines)
The property located at 811 Doreen Avenue was cited on March 5, 2007, for violations of Ocoee Code
of Ordinance 165 -3 Abandoned/Junk Vehicle Requirements, Land Development Code 6 -4 H 5(b) Off
Street Parking Requirement, Minimum Standard 108 -24 D Care of the Premises, and Land
Development Code 5 -1 E (1)(a) Land Use Regulation for Commercial Equipment Storage. The code
violations were for untagged / inoperable vehicle, trailers stored in front of the property, and
commercial dump truck without tag parked on property. The Code Enforcement Board issued an order
to comply by June 22, 2007, or be fined $150.00 per day. The fine accrued to date is $107,850.00 plus
City's administrative cost of $774.76, totaling $108,624.76.
Citi- mortgage, Inc. acquired certificate of title to this property for $9,100.00 on March 1, 2011. They
are requesting the reduction of fine of $107,850.00.
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City Commission Regular
October 18, 2011
J. STAFF ACTION ITEMS
K. COMMENTS FROM COMMISSIONERS
ADJOURNMENT
PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTES 286.0105: ANY PERSON WHO DESIRES TO
APPEAL ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
ALSO, IN ACCORDANCE WITH FLORIDA STATUTE 286.26: PERSONS WITH DISABILITIES NEEDING
ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE
CITY CLERK, 150 N. LAKESHORE DRIVE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE OF THE
MEETING.
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