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06-05-12 MINUTES June 5, 2012, 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 Hood. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson, and Commissioner Keller. Also Present: City Attorney Cookson, City Manager Frank, City Clerk Eikenberry B. PRESENTATIONS AND PROCLAMATIONS Presentation of Check to Base Camp Foundation Ocoee Professional Firefighter Shorty Bowman presented a check of $2149.00 to Base Camp Foundation which they had fundraised by hosting a golf tournament. Terry Jones, President and Founder of Base Camp Foundation, explained their organization is focused on allowing children just be children. They currently have over a thousand children in Central Florida on some sort of cancer treatment that attends their activities and the check presented will help them greatly with those events. She further explained that if anyone is interested in making a donation to their organization they can contact Shorty Bowman or go to their website basecamp.org. Presentation of Ocoee Firefighter of the Quarter CACOFD Chairperson Wilsen presented the Ocoee Firefighter of the Quarter Award to Robert LaBrunda. He was awarded a plaque and certificate for his leadership role in assisting Orange County with changing over their communication from analog to an updated digital system. Tom Hendrix representing the H.M. Bowness Trust Fund, presented a $5000 check to the City of Ocoee for their annual Christmas dinner for those in need. City Manager Frank thanked Mr. Hendrix and advised that he has been very instrumental in giving the city donations from the trust and has been a great supporter in the Christmas Dinner for the Needy. Presentation of Award to Health Central Lt. McCosker presented health central cafeteria with an award for their outstanding support and generous donations to the City of Ocoee and the people in our community. He explained that the health central through the past several years has helped the police department greatly with their numerous events such as the Crossing Guard Appreciation Days. Ester Lynch from Health Central thanked the city and said they also appreciate the gratitude that the city has shown Health Central. C. COMMENTS FROM CITIZENS/PUBLIC - none City Commission Regular June 5, 2012 D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank made the following reports: 1) Announced there is a resolution on the dais for Item #8 and they may refer to that resolution when they reach that item. 2) The Parks and Recreation Department will be hosting its monthly Food Truck Friday event on Friday, June 15th, from 6:00 to 9:00 pm. on Lakeshore Drive, in Bill Breeze Park. The movie "TINTIN" will be shown during the event; the movie will start at 8:30 p.m., so come out and enjoy a dinner and a movie in the park. 3) Stated the Commission needs to elect a voting delegate for the Florida League of Cities 86th Annual Conference. The conference is August 23 -25, 2012. Commissioner Keller, seconded by Commissioner Hood, moved to elect Commissioner Wilsen as the voting delegate for the Florida League of Cities 86th Annual Conference. Motion carried 5 -0. 4) The Fire Department will be holding a CPR class on June 13th at Fire Station 25 located at 563 S. Bluford Ave. The 4 hour class will be held from 1 pm to 5 pm. The course fee is $25. For more information please contact Firefighter Paramedic Corey Bowles at 407- 905 -3140. 5) Announced the city has approximately $250,000 in federal funds for improvements to the Ison Center which the commission will have coming before them fairly soon. The improvements will include expansion of the parking lot and construction of an entry plaza for outdoor events. The advertising will go out this Sunday and bid openings will be on July 10 6) Announced the Utilities Department will be working with Reiss Engineering, who will be performing smoke testing on the gravity sewer system in the Story Road /Enterprise Road area; and in the neighborhoods south of turnpike along Maguire Road. The testing will begin Monday, June 11th and should take a good portion of the week. An informational flyer will be handed out to all applicable parties starting tomorrow (Wednesday), and a door hanger will be placed on Monday June 11th at the commencement of the testing. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller— None Commissioner Johnson — None Commissioner Wilsen- None Commissioner Hood — 1) school is out for the summer starting on Thursday and the children will be out in the neighborhoods so he encourages citizens to drive safely. He further congratulated the Ocoee High School Seniors 2012 graduating class, as well as Middle School and Elementary School graduates. 2) announced that All -Star games start on June 30 Mayor Vandergrift - announced he received a correspondence from West Orange High School Band thanking the city for our grant program. Page 2 City Commission Regular June 5, 2012 F. CONSENT AGENDA Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the Consent Agenda Items #1 through #7. Motion carried 5 -0. i s i7 ti t alt fl I T \tit �� e t t t ' iPs9 t �?g69 1 [ d wN y p ' 1 � a e sTEhR . r.. .'. ..a .�_ -5� Approved on Consent. Motion carried 5 -0. Members of the Human Relations Diversity Board serve two -year terms. Currently the Human Relations Diversity Board currently has twelve (12) members and their resolution allows no less than seven (7) members and no more than fifteen (15) members. One application has been received from Margarita Del Valle, a City of Orlando resident with an interest in serving on the board. Approved on Consent. Motion carried 5 -0. F D 6 �! I It 1 • !! ! A ( E ' 1JI Z S r 1 R E i ! d ! 1 � � s_ -ye � F� a i t " e..v t �! .... t ! � The three ar terms of M embers Elizabeth Osborne and Darrell , ; have exp and both members would like to be reappointed. Members Michael Hopper and Michael Godek have resigned from the board, which leaves two (2) vacant regular member positions. There are two (2) alternate members currently on the board. Chairman Godek is recommending that the commission consider moving up Alternate Members Julius Sais and Scott Blynder to the regular member positions. Currently, there are no applications on file. Approved on Consent. Motion carried 5 -0. , " r �� .+3 4 "3 � '� '�,'�v� �°�'�: ��' � i� k e .,�" � •. � ^� y:�' . -,s��w 'R'm3 G "'���' � Y,l�.�' � ���' . � �' '' ' �°�' ate ,:;4„4.;1' � �¢ M rmi c k Woods is a 2 12 lot single family residential subdivision located on McCorm Road and Ingram cCo Road. The previous developer, Galvin and Company, had completed construction of the phases 2 and 3 infrastructure improvements and has received a Certificate of Completion for both phases. The infrastructure improvements include the water, sanitary sewer, and reuse utilities, the streets and stormwater collection system, and the perimeter fence. Galvin and Company has previously provided the City with a cash escrow fund and executed Maintenance, Materials, and Workmanship Escrow Agreements for both phases. Galvin and Company has sold the remaining lots to M/I Homes and they are assuming the liability of the two -year maintenance warranty as required by the City. The City has received Letters of Credit from M/I Homes to cover the dollar amounts of the previously accepted cash escrows, which will be refunded to Galvin and Company. The Maintenance, Materials, and Workmanship Escrow Agreements are to replace the similar documents executed with Galvin and Company. The surety will be returned to the M/1 Homes upon completion of the two -year warranty period and the repair of any damages caused over that two year period. Approved on Consent. Motion carried 5 -0. -- - - -- Page 3 City Commission Regular June 5, 2012 v w In conformance with the policies and procedures of the City of Ocoee (City), bids were solicited from qualified contractors to construct the Maguire Road Reclaimed Water Storage (Project). All work for the project shall be designed and constructed in accordance with the drawings and specifications prepared by CPH Engineers and the City. Bids shall be deemed to include all items necessary for the furnishing, delivering, and installing of all materials, equipment, incidentals, and services, including all labor for the work, which is generally described as the following: The project consists of the construction of a 0.75 million gallon (MG) pre- stressed concrete storage tank, 20- inch diameter ductile iron piping for connection to the intake side and discharge manifolds of a reclaimed water high service pump station and 12 -inch connection of the inlet side to the existing distribution system piping, with electric- operated valves, plus control instruments and equipment and provisions for future connection to the City's SCADA system. Work will also include all necessary maintenance of traffic, fittings, joint restraint, pipe testing, removal and replacement of concrete pavement, sodding and other restoration as will be required. Work will be performed in a limited area and on a common easement with a small business. All work activities will need to be done keeping these constraints in mind. All work activities shall be required to be in accordance with the permits issued by the respective agencies. All work performed will be required to be done while maintaining the functional operation of the existing reclaimed water mains. Approved on Consent. Motion carried 5 -0. r � In the City's ongoing lawsuit with Mercon Construction Company ( "Mercon "), Mercon recently offered to settle the litigation with the payment from Mercon to the City in the amount of $15,000. In the event the City Commission wishes to accept the offer, or if one or more members of the City Commission desires to further discuss the offer, such discussion would take place in a closed session of the City Commission on a date to be scheduled. Both the City Attorney and the City Manager recommend rejection of the $15,000 settlement offer. Approved on Consent. Motion carried 5 -0. West Road Commercial Subdivision is a three lot commercial development located at the southeast corner of the intersection of Ocoee - Apopka and West Roads. The total project includes approximately 9.30 acres of land. The development includes approximately 5.29 acres of developable land and 4.01 acres of conservation area and wetlands. Lot 1 has been developed by Walgreens and lot 2 is planned for a McDonald's. Approved on Consent. Motion carried 5 -0. G. FIRST READING OF ORDINANCE H. PUBLIC HEARINGS icoilimrh 0 € A • # r 'c, 7 5! l ll 4 J t ✓ 14V/4i t,,� # x �c The City issued Transportation Refunding and Improvement Revenue Bonds, Series 1998 to fund roadway projects which included Maguire Road and Professional Parkway. On April 23, 2012, the city issued an RFQ soliciting proposals to refund the 1998 Transportation Refunding and Improvement Revenue Bonds for debt service savings. Two financial institutions responded to the request offering an opportunity to realize about $136,000 annually in savings over the life of the issue (approximately $2,200,000 through 2028). Page 4 City Commission Regular June 5, 2012 City Attorney Cookson read the title of the resolution. Mark Galvin, the city's financial advisor, briefly explained the benefits to the city on the issuance of the transportation bonds. Issuance of the Transportation Improvement Refunding Revenue Note, Series The 2012, is estimated to save the city about $2,200,000 in debt service payments over the life of the note. Mayor Vandergrift opened the public hearing. As no one wished to speak the public hearing was closed. Commissioner Hood, seconded Commissioner Johnson, moved to approve Resolution No. 2012 -007 Authorizing the Issuance of the City of Ocoee, Florida Transportation Improvement Refunding Revenue Note, Series 2012 in the Principal Amount Not to Exceed $15,000,000. Motion carried 5 -0. The resolution as adopted carries the following title: RESOLUTION NO. 2012 -007 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA; AUTHORIZING THE ISSUANCE OF CITY OF OCOEE, FLORIDA TRANSPORTATION IMPROVEMENT REFUNDING REVENUE NOTE, SERIES 2012 IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $15,000,000 TO REFUND THE CITY'S TRANSPORTATION REFUNDING AND IMPROVEMENT REVENUE BONDS, SERIES 1998 AND TRANSPORTATION REFUNDING REVENUE BONDS, SERIES 2002; PROVIDING THAT SUCH NOTE SHALL BE A LIMITED OBLIGATION OF THE CITY PAYABLE FROM PUBLIC SERVICE TAX REVENUES AS THE PLEDGED REVENUES AS PROVIDED HEREIN; PROVIDING FOR THE RIGHTS, SECURITIES AND REMEDIES FOR THE OWNER OF SUCH NOTE AND FOR THE PRIVATE PLACEMENT OF SUCH NOTE WITH SUNTRUST BANK; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; APPROVING THE FORM OF AN ESCROW DEPOSIT AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. I. REGULAR AGENDA WO; s i p t � :%1;i4 rei i t t rir, i 6i e 131,44 al:CrAjir`Tri t fa The City of Ocoee, Parks and Recreation Department, has received a Facility Use Permit application from the Rotary Club of Ocoee requesting the use of the Community Center for a fundraising event taking place on June 22, 2012. The Rotary Club of Ocoee has requested to have the rental fees associated with the use of the Community Center waived and is seeking permission to serve alcoholic beverages at this event. Proceeds from the event will go towards providing assistance for Ocoee students. Commissioner Hood, seconded by Commissioner Johnson, moved to approve the waiving of fees for use of the Community Center and permission to serve alcoholic beverages at the fundraising event scheduled for June 22, 2012. Motion carried 5 -0. Page 5 _ __- -_ -_ -- — -- City Commission Regular June 5, 2012 Resolution 2011 -008 and the original agreement was approved by the Commission on May 17, 2011, to provide funding from FDOT to the City to help defray the costs of street light operation and maintenance on several State highways within Ocoee's corporate limits. Following the City's execution of the agreement, the State has required the E- Verify language be incorporated into all existing contracts. The E- Verify language is now included in all new contracts with FDOT and the purpose of this item is for the City to approve incorporating said language into the Lighting contract to facilitate reimbursement. The work order under this Agreement will provide Ocoee with a payment of $27,303.00 for the 2011 -2012 fiscal year. Public Works recommends approving the modification to Resolution 2011 -008 and the work order under the State Highway Lighting, Maintenance and Compensation Agreement with the FDOT to include the E- Verify language. The City has agreed to this language in subsequent new FDOT agreements. City Attorney Cookson read the title to the resolution. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve Resolution No. 2012 -008 Amending Resolution 2011 -008 Modifying the State Highway Lighting, Maintenance, and Compensation Agreement to Incorporate the eVerify Process. Motion carried 5 -0. The resolution as adopted carries the following title: RESOLUTION NO. 2012 -008 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO AMEND RESOLUTION 2011 -008 TO INCORPORATE THE E- VERIFY REQUIREMENTS INTO THE STATE HIGHWAY LIGHTING, MAINTENANCE AND COMPENSATION AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF STREET LIGHTING ON STATE ROAD RIGHT -OF -WAYS BY THE CITY; PROVIDING AN EFFECTIVE DATE. J. STAFF ACTION ITEMS K. COMMENTS FROM COMMISSIONERS Commissioner Hood— 1) inquired from Public Works Director Krug if he had received any answers back regarding the lights on Ingram Road. Public Works Director Krug said he had not heard anything yet. He further said he is looking to add the lighting on Ingram Road to the CIP Workshop on June 19 Mayor Vandergrift briefly informed Public Works Director Krug about a compliant regarding a staff member who collects the recycling bins. Public Works Director Krug advised he will address his staff. 2) announced that Susan with the West Orange Times is requesting that if anyone has baseball pictures to please forward them to her. The West Orange Times is doing a lead story on the 50 year anniversary of Little League. Commissioner Johnson — 1) advised Public Works Director Krug about broken sidewalks that needed to be fixed over at Cumberland Avenue off Delaware. Public Works Director Krug advised that he would take care of that. Commissioner Johnson further advised that there are no - — -- -- Page 6 — -- City Commission Regular June 5, 2012 sidewalks on Kissimmee Avenue and was wondering if half of the road could be done now and half at a later date. Public Works Director Krug said there is a small amount of money included in the budget for new sidewalk construction so he will look to see what is in there. 3) inquired about the intersection of Geneva and Bluford and having some landscaping done. Public Works Director Krug said they currently have a meeting set -up with Valley Crest on Tuesday to get proposals on what they can do and recommend for intersections such as the one he mentioned. 4) inquired about the signs coming into town. City Manager Frank said that at the next meeting or so they will present what the city would like to do with signage coming into the city limits. Assistant City Manager Shadrix said that they have some designs that he thinks they will be very excited about. 5) Commissioner Johnson lastly inquired about Bluford and McKey Street. He feels that something needs to be done to improve that section from the corner of McKey Street down to Oakland, City Manager Frank said he knows the area he is speaking of and will be meeting with staff regarding it. Commissioner Keller- thanked and congratulated the students and faculty of Spring Lake Elementary with regard to the awards presentation made earlier this evening for placing top five in the state on FCATS for Title One schools. Commissioner Wilsen - inquired about cancelling the July 3` meeting. Commissioner Wilsen, seconded by Commissioner Keller, moved to cancel the Regular City Commission Meeting of July 3, 2012. Motion carried 5 -0. Mayor Vandergrift - announced the presentation to the Spring Lake Elementary children was fantastic and he thanked participants and staff for tonight's event. LADJOURNMENT The meeting was adjourned at 7:51 p.m. APPROVED: Attest: City of Ocoee l ■Ir Fkl[4,AULAr 645‘---)0 B ikenberry, City Clerk S. Scott Vandergrift, Mayor - - Page 7 - -