12-06-11 MINUTES
OCOEE CITY COMMISSION
December 6, 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 (arrived 7:38 p.m.), Mayor Vandergrift,
Commissioner Johnson and Commissioner Keller.
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
C. COMMENTS FROM CITIZENS/PUBLIC
(Commissioner Wilsen arrived at 7:38 p. m.)
Steven VanVarick with Ocoee Lions Club presented a $500 check to the Ocoee Soccer League,
as well as, $500 check to the Ocoee Police Department for the Toys for Kids in Need Program.
He further invited the residents of Ocoee to a dinner meeting on the 1 and 3 Monday of the
month. Their organization is 5010 tax deductible so they are looking for monetary donations,
eye glasses, and hearing aids which they give back to the community. Mr. VanVarick
announced the Lions Club is having a Turkey Shoot fundraiser on Saturday, December 10 at
8a.m. They are also looking for Lions Club members and he believes there will be a special
prize awarded to any new members. Further information was announced regarding their
upcoming events.
Commissioner Wilsen briefly added that she works with the Christian Service Center and the
Lions Club has really helped many individuals who came to them and could not afford glasses.
Police Chief Brown thanked the Lions Club for their contribution towards the holiday toy drive.
He further announced that Operation Santa which will be going through all the neighborhoods is
also collecting toys for their program.
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced the following:
1) The Citizen Police Academy graduation ceremony is scheduled for December 09, 2011,
at 7:00 pm. The event will take place at the Ocoee Women's Club, located at Four North
Lakewood Avenue Ocoee, FL 34761. Any questions regarding the Citizen Police
Academy, contact Officer Teddy Levin at 407 - 905 -3160 ext. 3024.
City Commission Regular
December 6, 2011
2) Handgun Safety Class - Saturday December 17, 2011, from 8:00a.m. until 1:OOp.m. This
is a free handgun safety class taught by Ocoee Police Officers. The class is held at the
Ocoee Police Department. If interested, please contact Officer Teddy Levin at 407 -905-
3160 ext. 3024.
3) The Parks and Recreation Department will be hosting its annual Winter Wonderland
event on Saturday, December 10 from 5:30 - 8:30 pm. at the Beech Recreation Center.
Admission is free, but everyone is encouraged to bring a non - perishable food item. Santa
will arrive, and kids can have their picture taken. There will be arts and crafts, snack, and
door prizes among other fun things for kids. The movie "Mr. Popper's Penguins" starring
Jim Carrey will be shown at 8:30 pm. outdoors behind the Beech Center.
4) Qualifying for the City General Election closed on Monday, November 21, 2011, and the
results are as follows:
District 2: Rosemary Wilsen and Nancy Cox qualified and the election will be held on
January 31, 2012, in conjunction with the Presidential Preference Primary.
District 4: Joel Keller qualified with no opposition; there will be no election for this
District.
Referendum Question: Title: AUTHORITY TO GRANT LIMITED PROPERTY TAX
EXEMPTIONS FOR QUALFIED BUSINESSES THAT CREAT NEW JOBS. All
residents of the City of Ocoee are urged to vote on this important issue.
5) Utilities Department is having a Rain Barrel Workshop to be held on January 21, 2012,
from 9:00 a.m. to noon at the Utilities Administration Building, 1800 AD Mims Rd. At
the 2011 AWWA (American Waterworks Association) Fall Conference, the City of
Ocoee received the Water Conservation Award of Excellence for the Rain Barrel
Program.
6) Item #9 on the Consent Agenda inadvertently had the copy of the developer's agreement
missing so he is asking if they can pull this item off to be heard separately. Copies are
being made and will be placed on the dais.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Hood - 1) congratulated the Ocoee Cheerleaders for finishing 8 in the nation
this past Monday night. 2) wished anyone travelling this holiday season safe travels.
Commissioner Keller- 1) reminded everyone about Operation Santa which started December
5 They will be out today as well as Monday, Tuesday, and Wednesday of next week, and toys
are being collected by the volunteers for the Kids in Need Program. 2) thanked his district for
allowing him to run again unopposed and the vote of confidence they have given him to
represent them for another three years. 3) asked if the Rich Drive item and the city -wide tow
service can be moved up on the agenda since there are several people in the audience for those
issues. Commissioner Hood briefly thanked the Lions Club for all the work they did on the
Christmas Parade.
Mayor Vandergrift - 1) also thanked the Lions Club and everyone who helped and participated
in the Christmas Parade.
Page 2
City Commission Regular
December 6, 2011
F. CONSENT AGENDA
Commissioner Keller, seconded by Commissioner Hood, moved to approve the
Consent Agenda Items #1 through #8 with Items #7 and #9 being pulled to be
heard separately. Motion carried 5 -0.
9 TV 9 °ii 8`
M
°
Approved on Consent. Motion carried 5 -0.
The terms of Members Robert McKey, David Ball, and Wilda Schoeppler Pickett will expire on January 1,
2012. All have indicated an interest in being considered for reappointment. The following reflects the
attendance of the board members: Robert McKey attended 8 of 9 meetings; David Ball attended 7 of 9
meetings; and Wilda Schoeppler Pickett attended 5 of 9 meetings. There are no applications currently on file.
Approved on Consent. Motion carried 5 -0.
In November 1995, the Honorable Mayor and Board of City Commissioners authorized the purchase of the
Motorola 800 MHz Radio system, which is still being utilized by the City in conjunction with Orange County's
radio system. 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 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, 2011. The proposed
agreement takes effect October 1, 2011, and runs through September 30, 2012.
Approved on Consent. Motion carried 5 -0.
' P i i 9 9 i rA 1 F4PA • A 8 ,
The City does not currently have a continuing contract for Architectural Services. In compliance with the
Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055 and Chapter 21 of the
City's Code of Ordinances, the City solicited statements of qualifications from architectural firms or individuals
that are interested in providing general professional architectural services for various planning, design, and
development review projects. The City intends to award continuing contracts to one or more firms deemed to be
the most highly qualified to perform the required services. The contracts shall automatically be renewed
annually unless terminated by the City in writing, for a maximum of five (5) years from the date of the
execution, with an optional one year renewal. The scope of work to be performed through task orders issued
under the continuing contract may consist of, but will not necessarily be limited to: planning, inspection and
assessment, conceptual design, construction plans preparation, and construction management for public projects
by the City. Typical assignments would include, but would not be limited to the following: Planning and design
of a new Community Center in Bill Breeze Park, Planning and design of an expansion at the Ison Center on
Adair St., evaluation, reuse, and remodeling of existing public buildings, and Design of new public buildings
and accessory structures.
Approved on Consent. Motion carried 5 -0.
Page 3
City Commission Regular
December 6, 2011
S � > 'i � = �5 ' "
The budget for Fiscal Year 11/12 includes the four -year lease - purchase of (2) replacement Side Load Garbage
Trucks for the Public Works /Sanitation Department, and (1) replacement Brush/Wood Chipper. The Florida
Sheriff's Association and other governmental agency bids were reviewed for the best pricing based on factors
such as price and options available. The City of Ocoee participates each year in the FSA co -op bid, and the bid
encompasses dealerships in the Western, Northern, Central, and Southern parts of the State of Florida.
Approved on Consent. Motion carried 5 -0.
- =P 1 9
Public Works has solicited pricing for the delivery and installation of St. Augustine Floratam sod on the Clarke
Road landscape improvement project. Whisper Winds Landscaping, of Ocoee, provided the lowest price at
$14,592.00. Public Works is requesting Commission approval, per the Purchasing Code, to issue a purchase
order to Whisper Winds for the aforementioned sod as Public Works has issued previous purchase orders to the
firm for yard waste disposal at their mulching facility through Sanitation in the amount of $23,000.00.
Approved on Consent. Motion carried 5 -0.
6! k 1} l t i 9�il � '! 9 i!1 �° ! i I k 9 -., ! i
v�� � k _�� �,� t i¢�b�� }� � #3 ir �;e�,., ,,k�j'kAro,��1�"a6`�i� 3 # 1 t !
} � } � j �� rs�t a� }� }�� �� "y } a � �
Southern Building Services, Inc. was one of 10 firms selected by the City Commission for pre - qualification
under the Small Construction Contract procurement (RFP 11 -04) in Fiscal Year 2011. The contract for
participation in this construction program was executed by the City on February 15, 2011, with a term of five
years. In order to enhance its competitive position in the marketplace, Southern Building Services was
dissolved as a corporate entity and subsumed by Sherron Building Services, Inc., a woman -owned business.
With the completion of the corporate restructuring, Sherron Building Services now seeks to accept the role of
small construction project contractor previously awarded to its predecessor firm.
This item was pulled to be heard separately.
Commissioner Johnson said he was concerned about handing a contract to Sherron Building
Services, Inc. even though they went out of business while holding the same contract as
Southern Building Services, Inc. CIP Manager Butler explained that it is his understanding
that the name change reflects a change in their ownership. He is not aware if they officially went
out of business but he knows their assets were purchased by the other company.
Without objection, this item was pulled to research the concerns raised by
Commissioner Johnson that Southern Building Services, Inc. went out of
business and came back with the new name of Sherron Building Services, Inc.
Item to be placed on the January 3rd agenda.
Page 4
City Commission Regular
December 6, 2011
s a# K6` d at„ i mgt! s €' oI 6 E 0115, 8 I 1
. m .
MACTEC Engineering & Consulting, Inc. was one of three firms selected by the City Commission for pre -
qualification under the Continuing Surveying & Mapping Services Contract procurement (RFQ 11 -02) in Fiscal
Year 2011. The contract for participation in this construction program was executed by the City on December
7, 2010, with a term of five years. MACTEC was acquired by AMEC Environment & Infrastructure and will
begin to operate under the business name of AMEC E &I, Inc. on January 1, 2012. With the completion of the
corporate restructuring, AMEC E &I seeks the City's acceptance of a request for contract assignment.
Approved on Consent. Motion carried 5 -0.
x .: , app m a ° r , ,!—
The Ocoee Town Center Final Subdivision Plan (FSP) for Phase 1 proposes for development a commercial
subdivision consisting of four (4) buildable lots. The subject Phase 1 site area is approximately 5.7 acres in size.
Phase 1 will also consist of associated infrastructure, peripheral landscaping, subdivision garden wall and
subdivision signage.
City Planner Rumer said this is a Final Subdivision Plan and before them is a signed
developer's agreement. The Ocoee Town Center Final Subdivision Plan (FSP) for Phase 1
proposes for development a commercial subdivision consisting of four (4) buildable lots. With
this subdivision they will see the relocation and construction of Maine Street. City Planner
Rumer also advised that they have received three site development permits from projects they
have approved.
City Attorney Rosenthal apologized for the developer's agreement not being in the packets and
briefly summarized the developer's agreement to the Commission.
Commissioner Johnson, seconded by Commissioner Keller, moved to approve
the Ocoee Town Center Final Subdivision Plan for Phase 1 and Development
Agreement. Motion carried 4 -0 with Mayor Vandergrift away from the dais.
G. FIRST READING OF ORDINANCES
The subject property is located on the west side of 3" Street; approximately 191 feet south of Center Street. The
subject parcel has one existing Single - Family Residence. No development proposal is planned at this time. The
Applicant has requested annexation into the City limits mainly for potable water connection.
a. Annexation Ordinance
b. Rezoning Ordinance
City Attorney Rosenthal read the title of the Annexation and Rezoning Ordinances for the
Campfield Property located at 524 3rd Street.
Mayor Pro Tem Wilsen announced the Second Reading and Public Hearing are scheduled for
January 3, 2012, Regular Commission Meeting at 7:15 p.m. or soon thereafter
Page 5
City Commission Regular
December 6, 2011
I 1 �� e a spa a 8 €�'�° �p p "Ya , �' s a r e .a � F; le
The subject property is located on the west side of 3rd Street approximately 346 feet south of Center Street.
The subject parcel has one existing Single- Family Residence. No development proposal is planned at this time.
The Applicant has requested annexation into the City limits mainly for potable water connection.
a. Annexation Ordinance
b. Rezoning Ordinance
City Attorney Rosenthal read the title of the Annexation and Rezoning Ordinances for the Luna
Property located at 520 3rd Street.
Mayor Pro Tem Wilsen announced the Second Reading and Public Hearing are scheduled for
January 3, 2012, Regular Commission Meeting at 7:15 p.m. or soon thereafter.
The subject property is located on the east side of 2nd Street a pprox i mate l y 346 feet south of Center Street.
The subject parcel has one existing Single - Family Residence. No development proposal is planned at this time.
The Applicant has requested annexation into the City limits mainly for potable water connection.
a. Annexation Ordinance
b. Rezoning Ordinance
City Attorney Rosenthal read the title of the Annexation and Rezoning Ordinances for the
Medina Property located at 521 2 Street.
Mayor Pro Tem Wilsen announced the Second Reading and Public Hearing are scheduled for
January 3, 2012, Regular Commission Meeting at 7:15 p.m. or soon thereafter.
7:59 — 8:08 P.M. RECESS — VISIT FROM SANTA
f r i t, f ii 0 , I G 1 li d & : �. 81 F 6 tl 6 8 1 S " S.1 e '
e a a P � • � s 3 a a x € 6 X 65 oz
u B & S.. •r, � fir, i . �w' dPr�e�t
The Capital Impro ve m ent Element (CIE) of the City of O Comprehensive Plan is a requiremen of Chapter
163, Florida Statutes (FS) and enables implementation of the Plan goals, objectives, and policies needing capital
funding for a 5 -20 year planning horizon. Each year, the table section of the CIE will be updated to ensure that
the adopted list of capital projects in the CIE matches the City's newly adopted fiscal year budget and approved
five year Capital Improvements Program (CIP). The CIE does not propose any new projects not previously
reviewed and approved by the Commission.
In 2011, the Florida Legislature enacted legislation allowing adoption of the annual amendment to the CIE to be
accomplished with a single public adoption hearing. The amendment is also exempt from inclusion in the twice -
yearly large scale amendment process.
City Attorney Rosenthal read the title of the ordinance.
Mayor Vandergrift announced the Second Reading and Public Hearing are scheduled for
January 3, 2012, Regular Commission Meeting at 7:15 p.m. or soon thereafter.
Page 6
City Commission Regular
December 6, 2011
os a �i i r€ i i �5�� o a i F i s h
nxm s . a, drt fi t
� f k � a • p �, ; �
� �� � � a , drlIR�t* q+a af. 'jr r x � ��� � a r 8 , s � E
°s� '� x A'�r d� r� ;� � �°��'.x,".S ,i '^w§ �''s�. > r � �X �
As an economic incentive for new development, City Staff proposes a Code Amendment for the temporary
suspension of the Fire Department plan review fee for commercial projects for one year retroactive to December
6, 2011. The plan review fee is 1 /2 of 1% of the value of construction.
Mayor Vandergrift announced the Second Reading and Public Hearing are scheduled for
January 3, 2012, Regular Commission Meeting at 7:15 p.m. or soon thereafter.
City Attorney Rosenthal r ead the title of the ordinance.
` a i a E s a s i t e i 9 i Bi e •
' R f 6 s,^"a" y 7 6 ,9 4 _ ' �S fi Y i t ! 1 4 9 B 3
� a' E ��` 1 'r i ft. 1 i� i1 a s i
« 1 ti 1 y !i t 1 x m i s s✓ m i • ,gy m ms s : t s s
"` ' ° i�r a a s i tt
a�a s �° .10 1011414 The City of Ocoee SJRWMD Consumptive Use Permit (C.U.P.) requires the b City to adopt SJRW
approved conservation standards for High - Efficiency Plumbing and Florida - Friendlaccepted y Landscape Irrigation
Standards for new construction. Ordinance 2010 -007, adopted June 15, 2010, has been updated to include the
required water- conserving plumbing and irrigation standards and has been by SJRWMD.
Mayor Vandergrift announced Second and Public Hear
January 3, 2012, Regular Commission Meeting
the at Reading 7:15 p.m. or soon thereafter are . City sched Attorney uled for
Rosenthal read the title of the Ordinance.
H. SECOND READING OF ORDINANCES — PUBLIC HEARINGS
max. ,, ) � I 1 i3 .. s g s)td � ss
., ^`+ . a^ : ' a
a i s r ;te s au ' e ! mo o!
The subject prop is located on the south side of AD M Road and approxi
mma 240 west of Johio
Shores Road. The Planning and Zoning Commission reviewed the proposed Mart inez tely Property annexation and
initial zoning on November 8, 2011. City Staff presented a brief summary and overview of the requested
actions. After finishing its deliberations, the Planning & Zoning the Commission , acting 19 as the Local parcel Plann lan
Agency, voted unanimously to recommend with approval of tion of +/ -3. acres d
known as the "Martinez Property" an Initial Zoning classifi of "R -1 AA ".
a. Annexation Ordinance
City Attorney Rosenthal read the title of the annexation ordinance.
Principal Planner Fabre stated the proposed Annexation and Rezoning is for the +/- 3.19 acre
parcel of land known as the Martinez located at 9051 A.D. Mims Road.
Mayor Vandergrift opened the public hearing. As no one wished to speak the public hearing
was closed.
Page 7
City Commission Regular
December 6, 2011
Commissioner Keller, seconded by Commissioner Hood, moved to approve
Ordinance No. 2011 -020, Martinez Parcel Annexation. Motion carried 4 -0 with
Commissioner Wilsen away from the dais.
The annexation ordinance as adopted on second reading carries the following title:
TAX PARCEL ID #s 09- 22 -28- 0000 -00 -032;
CASE NO. AX- 08- 11 -30: Martinez Parcel Annexation
ORDINANCE NO. 2011-020
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE
LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 3.19 ACRES, LOCATED ON THE SOUTH SIDE OF AD MIMS ROAD,
APPROXIMATELY 240 FEET WEST OF JOHIO SHORES ROAD; PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER, FINDING SAID ANNEXATION
TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY
CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND
AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO
THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.
b. Rezoning Ordinance
City Attorney Rosenthal read the title of the rezoning ordinance.
Mayor Vandergrift opened the public hearing. As no one wished to speak the public hearing
was closed.
Commissioner Keller, seconded by Commissioner Hood, moved to approve
Ordinance No. 2011 -021, Martinez Parcel Rezoning. Motion carried 4 -0 with
Commissioner Wilsen away from the dais.
The rezoning ordinance as adopted on second reading carries the following title:
TAX PARCEL ID # 09- 22 -28- 0000 -00 -032;
CASE NO. RZ- 11- 08 -19: Martinez Parcel Rezoning
ORDINANCE NO. 2011-021
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY R -CE, "Country Estate District" TO OCOEE R-
IAA, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 3.19 ACRES, LOCATED ON THE south side of AD Mims Road, .
APPROXIMATELY 240 FEET west OF Johio Shores Road; PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER, FINDING SUCH ZONING TO BE CONSISTENT
WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT
PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF
THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Page 8
City Commission Regular
December 6, 2011
3${ '.1 7 i S I E it I � M*1 d .AdlA�l @ B 6t Q 1 9 ' ! 1 0' 1
d� °� "` `v a
4 t l X1 8' � Q p� gp� � � � yg s' a sr
aa �%,,� y `h y yq«�3{ 4
Internet cafes have become a trend, offering "pay -to- play" devices similar to casino -style slot machine
computers with sweepstakes and chances to win cash and prizes. Internet cafes essentially skirt state gambling
prohibitions by describing their operations as pre - determined sweepstakes and, as such, consider themselves not
to be involved in gambling. These simulated gaming cafes have large amounts of cash on site and stay open
late, thus are inviting targets for crime. In April 2011, a cafe near Apopka was robbed by armed men, gunfire
was exchanged, and one person was killed. Virtual gambling victimizes and preys upon those with gambling
addictions and those in our community who can least afford losing rent and food money to the lure of
sweepstakes and easy winnings. In January 2011, Seminole County banned such activity citing an increase in
crime correlating with the opening of nine such cafes. An ordinance imposing a temporary moratorium on the
opening of new Internet Cafes / Simulated Gaming Devices will allow staff to study and report to the Mayor
and City Commission on issues relating to Internet cafes by a date certain.
City Attorney Rosenthal read the title of the ordinance.
Police Chief Brown explained that staff recommends they adopt the ordinance to impose a
temporary moratorium on the opening of new internet cafes and simulated games. He said there
are moratoriums throughout the county and Orange County just passed a complete prohibition on
October 31 against internet gaming. Police Chief Brown said staff will be looking at the
county's ordinance further to see if that is something the city should consider.
Mayor Vandergrift opened the public hearing. As no one wished to speak he closed the public
hearing.
Commissioner Hood, seconded by Commissioner Keller, moved to approve
Ordinance 2011 -029 Imposing a Temporary Moratorium on the Opening of New
Internet Cafes / Simulated Gaming Devices per staffs recommendation. Motion
carried 5 -0.
ORDINANCE NO. 2011 -029
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO INTERNET
CAFES, AND SIMULATED GAMING DEVICES AND SIMILAR INDOOR
ENTERTAINMENT AND AMUSEMENT ACTIVITIES; ADOPTING FINDINGS OF FACT;
PROVIDING DEFINITIONS; IMPOSING A TEMPORARY MORATORIUM ON THE
OPENING OF NEW BUSINESSES OR COMMERCIAL ESTABLISHMENTS WITHIN
THE CITY OF OCOEE RELATED TO GAME ROOMS, ARCADES, INTERNET CAFES,
SWEEPSTAKES REDEMPTION CENTERS, ESTABLISHMENTS USING SLOT
MACHINES OR SLOT MACHINE -LIKE EQUIPMENT, OR OTHER SIMULATED
GAMING DEVICES, AND SIMILAR INDOOR ENTERTAINMENT AND AMUSEMENT
ACTIVITIES; PROVIDING A PROCEDURE FOR EXTRAORDINARY HARDSHIP;
DIRECTING STAFF TO STUDY AND REPORT TO THE MAYOR ON ISSUES
RELATING TO INTERNET CAFES BY A DATE CERTAIN; PROVIDING FOR
PENALTIES, SEVERABILITY, CORRECTION OF SCRIVENER'S ERRORS, AND AN
EFFECTIVE DATE.
Page 9
City Commission Regular
December 6, 2011
I. PUBLIC HEARINGS
f B 4.0 '61 B 3d 8 F,9 9 9 t F " !
r �� ,: � IPt t d t 0
The 1999 Capital Improvement Refunding Revenue Bonds were issued to finance the acquisition of the Beech
Center, the City Hall Complex, a Public Works Facility and fire stations. The principle amount currently
outstanding on the bonds is $8,185,000 with interest rates of 4.5% to 4.75 %. The bonds mature October 2028.
The City issued a Request for Proposal (RFP) to obtain bank qualified financing to refund the 1999 Capital
Improvement Refunding Revenue Bonds (not to exceed $8,400,000). The RFP was issued to take advantage of
lower interest rates. Responses were received on October 31st from three financial institutions- Branch Banking
and Trust Company (BB &T), JP Morgan Chase, and SunTrust Bank. Low interest rates coupled with bank
qualified financing resulted in proposed savings from $72,293 to $120,380 annually or $1,228,983 to
$2,046,466 over the remaining life of the bonds. Interest rates range from 2.23% to 3.21 %. Finance and the
City's Financial Advisor reviewed and compared the proposals to determine the best opportunity for the City.
City Attorney Rosenthal read the title of the Resolution.
Mike Galvin, First Southwest Company, Financial Advisor to the City, said that the City
would be able to lock in 2.51 % interest which would save $106,000 annually, and $1,800,000
over the 17 year period for a present value of 1.459 million dollars. We also have the flexibility
to prepay at any time without penalty.
Mayor Vandergrift opened the Public Hearing. As no one wished to speak, the Public Hearing
was closed.
Commissioner Hood thanked staff for their good work getting this done and saving the city so
much money. City Attorney Rosenthal said that there is a Certificate as to Public Meetings
and No Conflict form that needs to be signed by all commissioners that basically says they did
not violate the sunshine law in connection with the resolution just passed and none of them are
employed or in a contractual relationship with SunTrust. He passed the form around to be
signed.
Commissioner Wilsen, seconded by Commissioner Hood, moved to adopt
Resolution No. 2011 -014 to authorizing the issuance of the capital improvement
refunding revenue note as recommended by staff. Motion carried 5 -0.
The resolution as adopted carries the following title:
RESOLUTION NO. 2011 -014
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA;
AUTHORIZING THE ISSUANCE OF CITY OF OCOEE, FLORIDA CAPITAL
IMPROVEMENT REFUNDING REVENUE NOTE, SERIES 2011 IN THE PRINCIPAL
AMOUNT OF NOT TO EXCEED $8,400,000 TO REFUND THE CITY'S CAPITAL
IMROVEMENT REFUNDING REVENUE BONDS, SERIES 1999; PROVIDING THAT
SUCH NOTE SHALL BE A LIMITED OBLIGATION OF THE CITY PAYABLE FROM
SALES TAX REVENUES AS THE PLEDGED REVENUES AS PROVIDED HEREIN;
PROVIDING FOR THE RIGHTS, SECURITIES AND REMEDIES FOR THE OWNER
OF SUCH NOTE; MAKING CERTAIN COVENANTS AND AGREEMENTS IN
CONNECTION THEREWITH; APPROVING THE FORM OF AN ESCROW DEPOSIT
AGREEMENT; DESIGNATING THE NOTE FOR THE EXCEPTION FOR CERTAIN
TAX - EXEMPT OBLIGATIONS CONTAINED IN SECTION 265 OF THE INTERNAL
REVENUE CODE OF 1986, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE
DATE.
Page
10
City Commission Regular
December 6, 2011
The City Commission requested a survey of the homeowners in the Forest Oaks Subdivision and a public
hearing to consider the permanent closing of vehicular access from Rich Drive to Hackney Prairie Road, except
for access by police, fire, ambulance and emergency vehicles. Currently, Rich Drive terminates before Hackney
Prairie Road and is inaccessible due to the changes in elevation between Hackney Prairie Road and Rich Drive,
and an existing gate located at the end of Rich Drive.
The City mailed out 292 surveys to the homeowners in Forest Oaks asking them to make a selection between
permanently closing the vehicular access from Rich Drive to Hackney Prairie regardless of the proposed
Hackney Prairie Relief School and keeping the access opened if the proposed Hackney Prairie Relief School is
approved. Of the 106 completed surveys, 103 requested that Rich Drive be permanently closed and 3 requested
it remain open. Eighteen surveys were returned by the post office as non - deliverable with no forwarding
address.
City Attorney Rosenthal read the title of the ordinance.
City Planner Rumer explained that a survey was completed at the request of the commission
and the results of the survey and residents comments are in the agenda packet.
Mayor Vandergrift opened the Public Hearing.
R.P. Monacky, 1820 Prairie Lake Blvd., confirmed that this resolution is to keep the road
closed. He advised he is in favor of permanently closing the road as it has been since the
development was built.
Mayor Vandergrift mentioned that there would be an emergency gate kept in place so police
and fire can still get through. Planner Rumer added that there is an elevation change in the road
and as part of the ri -party Hackney Prairie School Road Improvement Agreement between
Ocoee, Orange County, and the Orange County Public Schools, they will be constructing a
connection from Hackney Prairie Road to Rich Drive along with a sidewalk, but the city's
responsibility will be to restrict the vehicular access only; there will still be sidewalk
connections.
Rich Mills, 505 Rich Drive, asked if there would be walk though gates for the kids. Mr. Rumer
advised there will be walk - through gates.
David Cain, 710 Rich Drive, stated most of the neighbors are in favor of keeping that road
closed. He is opposed to the school being built there, but would like to see the road remain
closed even if it is built.
Lindsey Asay, 711 Rich Drive, said the neighborhood is very safe with only one way in and out;
he added that the survey showed something like 106 in favor of keeping the gate closed and three
opposed. He said that is a definitive answer and hopes the commission votes in favor of the
citizens.
Susie Favreau, 1420 Prairie Lake Blvd., lived there since the subdivision was first built. She
said there is an issue with speed on Prairie Lake Blvd now, and there was a fatal accident
because of it. If the road is opened up the traffic conditions will get much worse.
Danielle Duppenthalez, 510 Withers Court, said it is very important to keep those gates closed
for the safety of the children. She is also interested in getting speed bumps in place.
No one spoke in opposition to the permanent road closure.
Mayor Vandergrift closed the public hearing.
Page
11
City Commission Regular
December 6, 2011
Commissioner Keller said since this started back in July it has been very clear that the residents
are overwhelmingly in favor of keeping the road closed as it has been closed for 27 years.
Commissioner Keller, seconded by Commissioner Hood, moved to adopt
Resolution No. 2011 -015 approving the permanent closing of vehicular traffic
between Rich Drive and Hackney Prairie Road, except for emergency vehicles in
the Forest Oaks Subdivision. Motion carried 5 -0.
The resolution as adopted carries the following title:
RESOLUTION NO. 2011-015
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, PERMANENTLY
CLOSING VEHICULAR ACCESS FROM RICH DRIVE TO HACKNEY
PRAIRIE ROAD, EXCEPT FOR ACCESS BY POLICE, FIRE, AMBULANCE
AND EMERGENCY VEHICLES; PROVIDING FOR THE CITY TO ALLOW
TEMPORARY VEHICULAR ACCESS FROM RICH DRIVE TO HACKNEY
PRAIRIE ROAD AS DETERMINED BY THE CITY MANAGER; PROVIDING
FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
I .' 't" . i 48 s 4 E t d 6! I k >g t r d Pt
3 a �4 p r a mtiems's
The subject property is located on the southeast corner of the intersection of Ocoee - Apopka Road and Fullers
Cross Road. It is approximately 97.90 acres in size, and is currently vacant except for several abandoned
agricultural structures. The property is currently zoned PUD Low Density. The Future Land Use designation is
"Low Density Residential" which allows up to 4 dwelling units per acre. The PUD allows for a residential
community that combines townhomes and single - family detached homes in a neo- traditional neighborhood
design concept.
The Preliminary Subdivision Plan (PSP) proposes a total of 254 residential units with a requested net density of
2.6 units per acre, which does not exceed the underlying land use density capacity or maximum allowed. Of the
254 total units, 80 are proposed for townhomes, and 174 are proposed for single - family detached residential
lots. Of the 97.90 total acres, approximately 40.02 acres are planned to be reserved for either open space or park
area. Of the 40.02 acres, approximately 23.5 acres are programmed to be conservation and buffer areas. The
development is proposed to be developed in 4 phases.
City Attorney Rosenthal stated that there is a court reporter here with respect to this public
hearing.
Principal Planner Fabre gave a brief history of the development project. He advised there was
a last - minute change in the front setbacks at the townhomes which will now be 10' as opposed to
the 5' reflected in the staff report. Staff recommends approval with some conditions dealing with
vested rights for the school concurrency that the City Attorney will address.
City Attorney Rosenthal stated that the staff report addressed the matter of school concurrency
in the last two paragraphs. This project is subject to the requirements of school concurrency
unless the residential development is exempt from school concurrency under the provision of the
Amended Interlocal Agreement for Public School Facility Planning and Implementation of
Concurrency between the City, School Board and the County. The project was pulled from a
previous agenda because it did not meet school concurrency at that time. Since then the
Page
12
City Commission Regular
December 6, 2011
developer has applied for vested rights with respect to school concurrency. Staff reviewed that
application and issued a Certificate of Vesting with respect to full school concurrency which
under the Interlocal Agreement makes the project exempt. That cues the commission to act on
the Preliminary Subdivision Plan this evening with the understanding that under the terms of the
Interlocal Agreement and our Land Development Code, there is a 30 period to file an appeal for
any certificate of vesting issued by the City Planner. That appeal would come to the City
Commission. We are still in the appeal period. Staff recommendation basically says if an appeal
is filed and the Certificate of Vesting issued by the City Planner is overruled, the project would
have to comply with school concurrency and the approval tonight would be deemed to be
automatically revoked. The staff recommendation is to prevent the commission from being in a
position where some subsequent act has the effect of making the project not need school
concurrency and not be exempt and that would assure compliance with the Interlocal Agreement.
Mayor Vandergrift opened the public hearing.
R.P. Monacky, 1820 Prairie Lake Blvd., inquired if townhomes are considered low density.
Principal Planner Fabre explained that this is part of a PUD, and it takes into consideration the
whole development and the protected areas. Mr. Monacky further inquired as to what the sizes
were for the single- family lot. Principal Planner Fabre said the lot sizes vary starting at
minimum lot size of 4,600. Mr. Monacky asked for length and width. Mayor Vandergrift
stated that due to lot variations and oddity of sizes, they go by square footage and we have a
minimum square footage that they complied with. Principal Planner Fabre said the smallest
minimum lot width is 55' and the length varies.
Tracey Crow, 1770 Fennel Street, Maitland, FL, representative for Eagle Creek of Ocoee, said
that they read the staff report and they are in agreement with the one change that was made with
respect to setbacks for the townhomes. She said they understand they are in the middle of the
appeal period. She added, with regard to density, when they rezoned the property to PUD, they
agreed to a lesser density than what was allowed. It was above 3 and now it is below 3 for the
total overall site density. She has a team here to answer any questions.
Tyrone Smith, Orange County Public Schools (OCPS), Planning and Governmental Relations,
said that they are here tonight objecting to the approval of the Preliminary Site Plan (PSP)
because it failed school concurrency. The City issued a Certificate of Vesting and OCPS plans
to file an appeal against the determination by the City. It is based on common law vested rights
and the developer has known since 2008, prior to the approval of the rezoning, that it would have
concurrency at some time in the future. The Development Review Committee (DRC) and
Planning and Zoning Board (P & Z) records show that school concurrency was discussed and
was a continued issue up until the approval of the PSP. Staff recommendation is based on DRC
and P & Z opinions; however, those boards reviewed it before the Certificate of Vesting was
finalized. If you approve this, you would be approving a subdivision which has not qualified
through the Interlocal Agreement; they are here this evening to object to such approval. He
added it is the intention of OCPS to resolve the issue as soon as possible. City Attorney
Rosenthal said with respect to the DRC and P &Z, school concurrency is not a requirement for
those bodies to consider this matter; they are advisory committees to the City Commission. As
stated in the staff report, the project is in an appeal period, so staff provided in their
recommendation what would happen 'if it were found that the project is not exempt from school
concurrency either by the Commission or some judicial determination. It provides that the PSP
Page
13
City Commission Regular
December 6, 2011
approval at that point would be voided which we believe to be consistent with the terms of the
Interlocal Agreement. The agreement provides the City as the body which determines
exemptions from school concurrency and provides the School Board with a right to appeal any
exemption determination under common law vested rights in accordance with the procedures set
forth in the City's Land Development Code; that procedure is an appeal to the City Commission.
He added that ultimately either party could then appeal the city commission determination in
accordance with the applicable judicial processes. Mayor Vandergrift inquired if the School
Board voted to appeal this or if it is staff initiated. Mr. Smith said this is a staff initiated
objection in accordance with common practice. He stated they were not party to the
Development Agreement or the P &Z and DRC reviews which they generally are when there are
school issues. City staff came to them to advise them they are moving forward with the
Certificate of Vesting. The school board staff is here to object to the PSP approval and to advise
that they will appeal the Certificate of Vesting. Mayor Vandergrift clarified that there has been
no hearing on this before the Orange County School Board on this issue. Mr. Smith said that
will not occur unless there is some type of litigation that needs to occur. Mr. Smith added that
the all of the city records show that staff had encouraged this applicant to do the school
concurrency; which is uniquely different than the Capacity Enhancement Agreement which falls
under the Charter Amendment and Martinez Doctrine. This occurred when concurrency was
being implemented throughout the county and this project was one of the first to be subject to
concurrency. The developer of this project came in and applied back then and was given a
determination; based on that determination the project was left stagnant for a long time. They
received the letter of notice from OCPS that their application was expiring and they needed to
renew; staff reiterated to them they needed to resolve the concurrency issue to move this PSP
forward. It was sometime later that OCPS learned that staff was entertaining a Certificate of
Vesting application. Discussions were held last week between OCPS and Ocoee's staff with the
Vesting determination already being drawn up in favor of the applicant. Mr. Smith stated that
they never satisfied the concurrency; basically, they failed at the middle school level. He stated
the Certificate of Vesting is a back door for getting approval around school concurrency. He
added that the building of the school on Ingram Road had to be pushed back to 2016 due to
funding levels; concurrency would have allowed this applicant to pay that mitigation cost and
moved the building date up to 2014 or 2015. He added that if an applicant pays his mitigation
costs, it is in writing that the building of that school moves up.
Assistant City Manager Shadrix said staff was given an application for vesting of concurrency.
They reviewed it and based on the merits of that, as well as a legal sufficiency review, they stand
by their recommendation that the City Commission approve this PSP. The merits of the case
regarding the Vesting Certificate will be weighed out in the form of an appeal before the
commission at a later time. This is about the approval of the PSP. City Attorney Rosenthal
stated, with regard to the reduced density, that is an issue that does not go to a concurrency
question, rather the Martinez Doctrine under the County Charter which predates school
concurrency. Because this project was effectively downzoning the school impact from its straight
zoning to the PUD, it was not required to obtain a Capacity Enhancement Agreement. School
concurrency was not in place at that time; it came in on the same agenda following the adoption
of the PUD for this project. This project was adopted by the City Commission prior to the
adoption of the ordinance implementing school concurrency in this city.
Page
14
City Commission Regular
December 6, 2011
Mr. White stated that the trigger for concurrency is not the rezoning, but the approval of a
preliminary site plan. City Attorney Rosenthal said there is no argument that the project is
subject to concurrency, the staff agrees with that and so advised the applicant throughout the
process. What is in question is in regard to the long list of items which exempts a project from
school concurrency under the Interlocal Agreement between the cities, the school board and the
county. One of those agreed exemptions is if an applicant applies to the city for a vested rights
determination with respect to school concurrency and receives it, the school board has the right
to appeal that finding in accordance with the City's Land Development Code. That procedure
would bring that appeal to the City Commission. In terms of the timing, the Interlocal
Agreement requires that the City respond to the Vested Rights application within 30 days; he
advised they were about 4 -5 days late with that determination. We had a pre - application meeting
with the applicant prior to the submittal with the Vested Rights application to make sure they
fully complied with the procedures in the Interlocal Agreement. There are no disagreements
between the City and the OCPS on that; the question will be whether or not the project is exempt
under common law vested rights.
Julie Kending- Schrader, Greenburg Traurig, 450 South Orange Avenue, Orlando, attorney for
Chevron, said Mr. Shadrix and Mr. Rosenthal covered most of her points. She added that they
understand staff's determination that if there is an approval of the PSP tonight it will be
contingent on whether or not there is an appeal filed and the results of that appeal; they
respectfully request to move the project forward. She stated that was their position when they
filed the documentation with the school board and put in the caveat reserving the right to review
their right to an exemption as contained in the OCPS operating documents. It has always been
their intent to proceed on a dual path and she apologized that that did not come across clearly to
the school board. She said they understand if the PSP is passed tonight, they may have to be
back before the Commission if an appeal is filed and it would have to be resolved before there
was a final PSP.
Mayor Vandergrift asked Mr. Smith from OCPS about the timeline on the elementary school
site near Ocoee High School that Ocoee helped them buy. Mr. Smith said it is not in the 10 year
plan. He discussed buying the property back from the school board at the same low rate it was
sold to them. He felt a K -8 being built out there would have helped with concurrency. Mr.
Smith said the concurrency issues are on the middle school level, so a K -8 would have had no
impact. Mayor Vandergrift said he would like to see someone come back representing the
entire school board, not OCPS staff. Mr. Smith said there will be an item on the agenda next
Tuesday before the School Board. Mayor Vandergrift asked if they could speak at this
meeting. City Attorney Rosenthal stated that he does not think any member of this commission
should appear before the Orange County School Board and speak on whether or not they should
pursue this, since the Ocoee City Commission is the body that will adjudicate on the results of
any appeal. Mr. Smith said they do not want to stop development; they just want to be sure that
it goes through the proper process.
Commissioner Keller asked if there is a reason we are not delaying this item until after the
appeal period is over. Consensus was that it needed to move forward.
Pastor Gary Howell said they are in favor of the project and their only concern was the
driveway agreements. They wanted to be sure they lined up and that seems to be happening.
Page
15
City Commission Regular
December 6, 2011
Commissioner Hood, seconded by Commissioner Johnson, moved to approve
the Preliminary Subdivision Plan for Eagle Creek per staff recommendation.
Motion carried 5 -0.
Commissioner Johnson told Mr. Smith that they meant no disrespect to him and he always does
a great job representing OCPS.
J. REGULAR AGENDA
� ` f { � 6 � � . ".�, .. i ' R '
A letter was sent to members of the Historic Commission with regard to removal of items from the Withers
Maguire House. The premises have been temporarily locked until the problem is resolved. Members of the
Historic Commission have been invited to join the discussion.
Mayor Vandergrift removed this item from the agenda.
1:i . X1 4 1 B I & r 9 1' 1 E 1 0
i n as I o w i
City Planner Rumer briefly stated this item is a request from the district commissioner, Rusty
Johnson, due to a petition he had received regarding pedestrian access to the Westbrooke
Elementary School via the Villages of Wesmere Subdivision. He further gave a history of the
development of the subdivision and stated that as part of the subdivision of approval, there was a
condition that provides for pedestrian/bicycle access for students, parents, teachers /guardians,
through the Villages of Wesmere. Walking residents from other subdivisions can use this access
as well. City Planner Rumer said what is becoming an issue on the site is that since
construction has commenced and the gates to the subdivision are being left open during the day,
parents are parking in the subdivision to pick up their children at the pedestrian gate, verses
using the school car circle line. Staff has reviewed the concerns and there are two options that
can be offered to the HOA, 1) they can close the pedestrian gate until build -out of the
subdivision and the city would not enforce the provision of the plat at this time, or 2) the
developer and HOA can petition the city to remove the condition of approval for the pedestrian
access which may require a public hearing.
Mayor Vandergrift briefly commented that recently he has come to understand that we do not
have an elementary school in town that has enough room to hold cars on the property. He had
suggested to several other surrounding mayors that they try to move the acreage for elementary
schools from 15 acres to 20 acres so that they may be able to put some kind of trail that would
hold the car traffic.
Kathleen Korbelak, owner of one of the townhomes in the subdivision, said the subdivision is
turning out to become very beautiful and is a very nice subdivision. She said the problem they
are encountering is that the subdivision is becoming a drop -off parking area for the school both
in the morning and afternoon. She is respectfully asking if a solution can be considered.
Page
16
City Commission Regular
December 6, 2011
Michelle Young, Velvet Leaf Drive, said the back of her property faces the school and she has
counted no less than 20 -25 vehicles in the subdivision at one time. She further said the parents
actually park their cars and get out of the vehicles to go pick up their children from the school.
The other concern the residents have is with the construction going on in the subdivision. They
have also witnessed children running through the construction site. She feels that temporarily
closing the gate until the build -out is completed would be a good option.
City Attorney Rosenthal interjected and stated that a third option is that since this is private
property and also a construction zone, the HOA can put up the appropriate signs in accordance
with Florida Law that there is "No Parking" on the streets. This would then allow them to
contact the Police Department for enforcement so that they can be ticketed or the vehicle can be
towed if abandoned. Police Chief Brown said if this option was considered there will have to be
a traffic agreement approved first. He said that they have these same issues with other
elementary schools and they do issue citation as well as educate the parents. Commissioner
Johnson commented that they just need to make this a simple process and just close the gates.
He said they can send notices to the Elementary School advising them that the access gate will
be closed.
Kevin Kramer, subdivision developer, said these issues have come up at their HOA meeting
and they heard from a lot of residents who are complaining about this. They advised the
residents that they would contact the city. He further said that he feels Commissioner Johnson
was getting to a pretty good solution in that they prefer at this time to close the gates. The
property is still under construction and they would prefer to not have pedestrians crossing
through there. They can come up with a long -term solution once the build -out is done, but as a
temporary solution, they just need to stop the vehicles from parking there now. Commissioner
Wilsen inquired if once the build -out was completed would the gates be closed. Mr. Kramer
said the vehicle gates would be closed since this is a gated community; however, the pedestrian
gates would remain open. Commissioner Hood inquired if the pedestrian gates had a code on
them. Mr. Kramer said it does not. City Attorney Rosenthal explained that the standard PUD
condition for all gated communities is that they have the pedestrian gates open so that children
can go through the subdivision rather than on the main street. Commissioner Johnson inquired
why there was not a gate at Cross Creek near the back by the school. City Attorney Rosenthal
explained that the condition requires that the gate not be open all the time but that it remain open
a' /2 hour window in the beginning of the day and end of the day.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve
temporarily closing the pedestrian access pate from the Villages of Wesmere to
Westbrooke Elementary until build -out and then readdress the issue after build -
out is completed. Vote was taken after subsequent discussion.
Commissioner Wilsen inquired as to how soon the gates would be closed. Commissioner
Johnson said the gates could be closed by tonight. Mayor Vandergrift inquired if they could
give the school a courtesy notification on what has been decided tonight. Commissioner Hood
inquired as to who would be responsible for locking the gate. Mr. Kramer explained they can
put a padlock on it. Commissioner Wilsen suggested they put a notice up for a week advising
that the gates will be closing. A brief discussion ensued on how they would be notifying
residents and temporarily closing the gates.
Page
17
City Commission Regular
December 6, 2011
Commissioner Wilsen inquired if there were many children in the subdivision attending
Westbrooke Elementary. Ms. Young said currently there are not any children from Villages of
Wesmere attending the elementary school. Commissioner Keller said they should notify the
school board that they are closing that gate because that may affect the bus route. Mayor
Vandergrift inquired if the notification from the school board should be handled by the HOA or
city staff. Commissioner Keller is not asking for this to be part of the motion, but his
recommendation would be that if they move to approve this, then staff should send notification
as a common courtesy.
After discussion the motion carried 5 - 0.
City Manager Frank stated that on October 30 the City of Ocoee issued a request for Letters
of Interest for City Attorney services and the responses were opened and reviewed on November
22, 2011, at 2:00 pm. He said staff members including himself, City Attorney Rosenthal,
Human Resources Director Williford, and Assistant City Manager Shadrix reviewed the
responses and recommend the following four firms that they felt most closely met the needs of
the city:
1) Brown, Garganese, Weiss & D'Agresta (Suzanne D'Agresta)
2) Fowler, O'Quinn, Feeney & Sneed (Thomas Feeney)
3) Shepard, Smith & Cassidy, P.A. (Clifford Shepard)
4) Shuffield, Lowman & Wilson, P.A. (Scott Cookson)
City Manager Frank asked for direction on how to proceed. Commissioner Wilsen said she
understands that the four firms recommended are the ones that have had municipal experience,
and it was also based on rate. Mr. Frank answered in the affirmative. She stated she would like
to meet with all four of them. Commissioner Hood agreed that he would like to interview all
four candidates and suggested the city hold a workshop. Commissioner Johnson said he thinks
if they received ten Letters of Interest they should look at all ten firms. They discussed giving
each firm five minutes to make a presentation; and then discussed 10 minutes.
Mayor Vandergrift asked for a spread sheet that shows all of the firms, if they are national or
local, and a formula for rating some other criteria. There was discussion as to when to have a
workshop; City Attorney Rosenthal said he would suggest they try to get this done in
December to allow enough to transition before he leaves on January 31, 2012. Consensus was an
evening on either December 27, 28, or 29, 2011 from 6:00 — 8:30 p.m. . Mayor Vandergrift
would like to lay out criteria and a rating system so they are all rated equally. Commissioner
Wilsen said Commissioners can submit questions so that all attorneys are asked the same
questions. City Attorney Rosenthal said there should be an item placed on the January 3, 2012
agenda for discussion and /or action on this item. He also advised that hiring a city attorney is
purely a decision of the Commission, there is not prohibition of contact or criteria set forth in the
request for letters of interest. It is an individual decision for each commissioner. He said they are
not prohibited from talking to them or vice versa.
Page
18
City Commission Regular
December 6, 2011
.�*° a": V 1 � � E a , _� F - F i:V A(:
The City has been using various towing companies on a rotational basis for the wrecker towing services for
public roads and City vehicles. However, the public was being charged different rates and the rotation list was
increasing creating the need for additional staff time to verify new companies and for tracking purposes. The
estimated current annual towing charges for the public roads is $130,000 (approx. 740 tows annually) and the
approximate current annual cost for City vehicles is $10,000 (approx. 85 tows annually) for a total of $140,000.
However, this contract would provide for the towing of City vehicles at a reduced cost, with no charge for Class
A (up to 10,000 pounds) vehicles. With this contract, the public will be charged across the board rates at
reduced costs.
Purchasing Agent Tolbert explained that the city has not had a formal contract in place with
any towing company and has been using various towing companies on a rotational basis for the
wrecker towing services for public roads and City vehicles. She further said the approximate
current annual cost for City vehicles is $10,000 which they did not go out for quotes on.
According to the purchasing code they need contracts and because of the multiple companies
requested on the rotational list the city decided to take it out to bid for proposals. The city
received four proposals in which the selection committee met and voted to recommend they
award the proposal to the Car Store of West Orange, Inc. City Attorney Rosenthal advised that
there is a bid protest that was filed on behalf of Johnson's Wrecker Service. Staff has reviewed
the protest and provided a response on November 18, 2011, denying the protest. This item was
on the November 15, 2011, agenda but was continued because of the protest. Commissioner
Johnson said during the process of the RFP the Commission was not notified about this going
out to bid. He recalls years ago that they had a commission discussion about tow services being
put on rotation. There are several local towing companies who bid that are local and he would
not mind having staff take this item back and look into a blended pricing and keeping it on
rotation. Commissioner Wilsen said she was wondering if all four of the vendors would go
with the same low rate as The Car Store of West Orange, Inc. while on a rotational basis.
Commissioner Hood said some of the concerns he had was security, as well as, the
inconvenience of a person having to drive a farther distance to pick up their vehicle. He added
that some of the facilities were not as secure as others. Lt. Brad Dreasher, who visited all the
car towing services sites, said that some of the companies did not have cameras and briefly
explained what he witnessed at each site inspection. Commissioner Johnson inquired if that
was in the requirement for the bid. Purchasing Agent Tolbert answered affirmatively.
Commissioner Johnson inquired as to how many wrecked vehicles have been stolen from some
of these places. Lt. Brad Dreasher said he cannot give him that information but they have had
several complaints regarding items being stolen from inside the car. Commissioner Johnson
said he would like to be shown records where a vehicle owner has claimed something was stolen
when their vehicle was towed because he has sat on this commission for 25 years and has not had
one person come before the commission to say something has been stolen out of their car when
they tow it. Lt. Brad Dreasher said they just had such a complaint. He further explained that as
far as for court prosecution they need to make sure that there is security available because they
cannot tell the court system they are 100% sure without a reasonable doubt. Commissioner
Johnson said his personal view is that everyone is having a tough time and these businesses are
local. He further said he does not understand why they cannot do a rotational process where staff
comes up with a charge that will work for everyone. Mayor Vandergrift inquired if in the
bidding process it was discussed that one person was going to get the bid but they could refer out
Page
City Commission Regular
December 6, 2011
business. City Manager Frank said he had heard something to that affect. Purchasing Agent
Tolbert explained that they had a pre -bid negotiation session in which there strategy was to ask
the bidders whether or not they would agree to a blended price or agree to be on a contract with
others. She further explained that some were favorable; some said they would with only two
others on the contract, and some replied that they bid it. Purchasing Agent Tolbert said one
company did qualify their bid to say that the prices were only based on them getting the entire
contract. Jim Sills with Ace Wrecker Service said that in the RFP contract it states, "Can you
supply a security camera within 30 days ". He was also asked this question in the interview in
which he replied, "yes ". Mr. Sills said they had already been in contact with a company to install
cameras. He further said there was another question regarding if there was a lift so they had also
contacted a company to install a lift. He said he was also asked at the interview regarding
charging the same amount as everyone in which he also agreed to charge one set amount. Mr.
Sills said they have been doing business for about 50( ?) years with the City of Ocoee without a
contract and he knows of other companies that have 35 -40 years into the business, as well.
Mayor Vandergrift said the question he would like to ask is, if they have a blended rate that
everyone would agree on, what would it cost the customer and the city. Purchasing Agent
Tolbert answered that for a "Class A" service with the lowest bid being $65 a blended rate
would then be $92.38. She further explained that Sly's Towing bid $115 and the question is can
the bidders do it for $92. Mayor Vandergrift inquired if it was part of the contract that the tow
company, if necessary, can contact another company to come in and so the work. Todd
Paquette, Car Store of West Orange, explained that he bid his reduced rate to do everything and
if they decide to keep the bid between four vendors then his rate would have to go up. He further
said the numbers he put in his contract was for them to do all of it. The reduced prices were for
the city and the consumers that the Police Department sends to them. Commissioner Hood said
they should be thinking about the citizens because they have a chance to pay $65 to have their
vehicles towed as opposed to the blended rate of $92. He further said he did not know who the
local vendors were in the city until the other day and feels that out of good faith staff had put out
the bid and bids came in. He does not feel that they should be negotiating this at the dais but that
they should be sending it back to staff and then they can address staff in which direction to take.
Commissioner Johnson explained that he is not negotiating it and nothing against the two
police officers but he feels they should have had different people from different departments to
vote on the bids. Commissioner Hood said he did ask about that as well and was told that two
police officers went out to grade all the locations because of not wanting to violate the sunshine
laws. Commissioner Johnson advised Mr. Paquette that he has never heard of anyone charging
$65 and he had a company vehicle towed at one time. He further said the $65 is what is going
toward the city and the customers are not going to get charged that. Mr. Paquette advised that
$65 is what the customer would be paying. Purchasing Agent Tolbert clarified that $65 is what
the customer would pay and it's no charge for the city. Mr. Paquette said they filled out a
contract and the numbers they put in was on the assumption that they would be doing everything.
Sly Cawley, Sly's Towing and Recovery, said he was one of the other vendors that had agreed to
the blended rate. He is in a current rotation system with four other companies that charge a
blended rate of $125. Commissioner Hood inquired as to what was the rate they put in the bid
for "Class A ". Mr. Cawley stated he bid at $115. Mayor Vandergrift inquired from staff as to
how long this contract bid was for. Purchasing Agent Tolbert said it would be a five year
contract with an optional one year extension. She further noted that they did put the RFP out
Page
20
City Commission Regular
December 6, 2011
letting the bidders know that the city could choose one or more (multiple) company's and did not
advise them that this bid would be for just one vendor. City Attorney Rosenthal clarified that
right now the city does not set or regulate the rates on the rotation list so there is not necessarily
any uniformity in rates. One of the things that would be established by entering into a contract is
an establishment of a rate by virtue of having that contract. In terms of the RFP, there was not
anything that obligated anyone, if it were one or more, to have a uniform rate unless they put a
notation. The RFP does give the city some flexibility to negotiate the issue but does not bind
anyone to agree. City Attorney Rosenthal further said the reason this is also on the agenda
tonight is because the responses will expire this month and staff wanted this to come before the
Commission tonight for action and direction. The Commission could under the RFP award this
bid to more than one vendor and have different rates, depending on the rotation, or they can have
a negotiated rate. He advised they also have the option of rejecting all the proposals and go back
out with something different. Commissioner Hood said he feels in all fairness to the low bidder
he is not sure why they would do that. Mayor Vandergrift inquired if there was a reason they
picked five years. Purchasing Agent Tolbert answered that most of the city's standard term
contracts are five years. Commissioner Johnson said he was going to inquire about that as well
because he feels it should be three years. Discussion ensued as to what each vendor was
charging for each class. Mr. Cawley explained that a requirement for rotation for the City of
Winter Garden is that the tow company cannot charge the city. Mayor Vandergrift inquired if
tow companies can charge the residents of Winter Garden what they please. Mr. Cawley said a
rate was set of $125 for the residents of Winter Garden. Commissioner Hood inquired from
staff if they took into consideration other municipality contracts with wrecker services. City
Manager Frank said they did take several things into consideration and many issues came up
which is why they put it out there to let the vendors give us the rates for the different categories
and they would then evaluate the whole package. Commissioner Hood inquired if it would be
in the best interest for them to discontinue all the proposals and send out another RFP with a set
rate to see who comes forward. City Manager Frank said they could do that but they have
three companies tonight who might be able to let them know what they prefer. He further added
that there is one company who filed an appeal but is not present tonight. Commissioner Hood
said he personally feels that if three out of the four companies showed up then those should be
the companies they work with. Mayor Vandergrift said he does not agree because they have a
low bidder and he feels there was a legitimate bidding process. The only thing he would change
is the term of the contract from five years to three years.
Manor Vanderqrift moved to award RFP #11 -002 to the lowest bidder the Car Store
of West Orange. Motion died for lack of second.
Commissioner Johnson said he agrees as mentioned earlier that they should send it back to staff
and come up with a blended rate. Commissioner Hood said he would like for all the other
companies to agree to the low proposal. Commissioner Keller advised that he does not believe
the low bidder would even agree to the $65 if they do a rotation. Mr. Paquette explained that is
why the numbers are what they are. Purchasing Agent Tolbert advised Mr. Paquette that the
RFP says one or more. Mr. Paquette acknowledged that the RFP did state one or more.
Commissioner Johnson said he feels that with the RFP stating one or more it posed a kink in
this bid. Commissioner Wilsen said she agrees with so many of the discussions but is also
concerned with what the citizens are going to pay as well as the security of the vehicles. Mr.
Page
21
City Commission Regular
December 6, 2011
Sills stated that before the proposals were presented everyone was charging the same price.
Mayor Vandergrift inquired as to what is the breaker of the contract should they chose them
and they cannot pick a vehicle up. He inquired if they would send that call to someone else.
Mr. Paquette answered if they cannot pick up a vehicle then they can sub the work out at no
cost to the city. Commissioner Wilsen inquired if their subs would have to meet certain
criteria's. Mr. Paquette said they do not have any subs and can do everything in house.
Commissioner Hood, seconded by Mayor Vandergrift, moved to award RFP #11-
002 per staffs recommendation to Car Store of West Orange with the contract
being for three year's.
Commissioner Johnson said he is going to oppose the motion because he feels this can be
worked out where everyone can tow. He said the way the RFP reads it could be one or more
company awarded the bid. He further said he also feels they should not be putting employees
from the same department on the bid committee.
After discussion the motion was replaced.
Commissioner Johnson, seconded by Commissioner Keller, moved to award RFP
#11 -002 as a three year contract to the three selected vendors with a blended rate
and city vehicles to be towed at $0 cost.
Commissioner Keller said he wanted to discuss some of his points. He did not like the idea of a
five year contract and secondly feels that most of the vendors placed a bid based on the fact that
in the past this has always been awarded to more than one vendor. The RFP also indicated it
could be awarded to one or more. Commissioner Keller said he would like to see the city come
up with a blended value while keeping all city vehicles at $0 cost. Commissioner Wilsen
explained that she would like to see issues, such as the term of the contract, worked out before it
even comes before the Commission because they should be setting their direction beforehand. A
brief discussion ensued regarding the process of the RFP's.
After discussion motion died 3 -2 with Mayor Vandergrift, Commissioner Hood,
and Commissioner Wilsen opposing.
Vote was taken on original motion: Commissioner Hood, seconded by Mayor
Vandergrift, moved to award RFP #11 -002 per staffs recommendation with the
contract being for three year's. Motion died 3 -2 with Commissioner Johnson,
Commissioner Keller, and Commissioner Wilsen opposing.
A brief discussion ensued as to whether a resident would be able to contact another tow company
should their vehicle break down. Purchasing Agent Tolbert advised this RFP is not for a
private vendor to residents. Commissioner Hood briefly advised that a resident can contact
whoever they chose for towing services.
5 MIN. RECESS
Commissioner Wilsen, seconded by Commissioner Hood, moved to award RFP
#11 -002 per staffs recommendation amending the term of the contract to a two
year term. Motion carried 3 -2 with Commissioner Johnson and Keller opposing.
Page
22
City Commission Regular
December 6, 2011
K. STAFF ACTION ITEMS -none
L. COMMENTS FROM COMMISSIONERS
Commissioner Keller shared that he recently read in Governing Magazine that one of the
states out west the district courts have ruled that digital billboards are illegal. He said they ruled
it illegal because of the flashing lights and on state and federal highways there are laws
prohibiting flashing lights. He said this is just something they should think about since they have
discussed digital billboards in the past.
Commissioner Johnson- said he knows in the budget process they all tried to do certain things
with the money but they are the only city that he knows that does not have any Christmas lights.
He further said they have money in reserves just sitting there and it would not hurt to spend just a
little money for Christmas lights since the residents are the ones asking for it. He heard that
Winter Garden had about 6,000 people at their Light Up Winter Garden event. Commissioner
Wilsen advised she has not heard from anyone but they can address this at next year's budget.
Commissioner Hood asked for City Manager Frank to put the Christmas Lights in the budget
next year and not on the wishlist. He further said they should budget $75,000- $100,000 for the
lights.
Commissioner Wilsen - 1) said she was appointed by the Commission to be the representative
on the Tri County League of Cities and she is also a director on their board. She further
announced she is passing out a pamphlet for them to please read regarding the legislative
priorities. 2) reminded residents of the Turkey Shoot this upcoming Saturday and also do not
forget Operation Santa will be collecting toys.
Commissioner Hood - Wished everyone a Happy Holidays! If you travel stay safe, and also
reminded residents that kids are off from school so they should drive cautiously.
Mayor Vandergrift Wished everyone a Happy Holidays!
ADJOURNMENT
The meeting was adjourned at 10:26 p.m.
APPROVED:
Attest: City of Ocoee
►AL�!� J,. . , � 1V--
ikenberry, City Clerk 4 S. Scott Vandergrift, Mayor
Page
23