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06-19-12 MINUTES June 19, 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. In lieu of the invocation, there was a moment of silence for three Ocoee residents who recently lost their lives. Commissioner Hood honored the memories of: Mike Nelson, a Pop Warner ball player and a student who would have begun Ocoee High School next year; and Coach Alan Herring, a pillar of the community who has been involved in youth sports for many years. Mayor Vandergrift remembered Jim Swickerath, a former volunteer for many City of Ocoee boards. Moment of Silence was held. Commissioner Keller led the Pledge of Allegiance. 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 Invocation — Moment of Silence Pledge of Allegiance — Commissioner Hood Roll Call and Determination of Quorum - City Clerk Eikenberry B. PRESENTATIONS AND PROCLAMATIONS Presentation of Check by Ocoee Lions Club Steven VanVarick, President of Ocoee Lions Club, presented two checks both in the amount of $500 to the Ocoee Bulldog football team and cheerleaders. Presentation of Awards to Drop Savers Winners Water Conservation Coordinator Wagner presented awards to all the winners of the Drop Savers Contest. Fire Department Promotions and Introduction of New Firefighter Paramedics Fire Chief McNeil and Deputy Fire Chief Hoover presented helmets and pins to the following: ➢ Colin McCormick - Lieutenant ➢ Corey Bowles — Lieutenant ➢ James Kelley - Lieutenant ➢ Chris Atalski - Engineer ➢ Chris Cullen - Engineer ➢ George Trotter - New Hire ➢ Joe Ponzini - New Hire Presentation of Budget Plan for the Human Relations Diversity Board HRDB Chairman William Maxwell gave an overview of the programs the HRDB would like to obtain budgetary approval on for the FY12 /13. City Commission Regular June 19, 2012 Commissioner Hood, seconded by Mayor Vandergrift, moved to appoint Lt. Brad Dreasher as an additional staff liaison to the HRDB. No vote taken, due to subsequent discussion. Commissioner Wilsen advised that she felt this was more of an internal decision between the city manager and police chief should they want to appoint an additional liaison. She further explained the charter states they do not have involvement in the day to day operation of the employees and this would be considered a day to day operation. Commissioner Hood clarified he was not sure if the Commission could make that decision which is why he brought it up for discussion. Mayor Vandergrift inquired if anyone would object to Lt. Dreasher being an additional liaison should city staff want to appoint him. No objection was made. Commissioner Keller commented that he does not feel this is something they can approve tonight since they have the budget processes just starting for next year's budget. He further inquired from Chairman Maxwell if he had any idea from past events of any income they received back to offset the event. Chairman Maxwell advised he does not have that information present with him but it has been a topic of discussion and one of their efforts is to prepare a media packet to put out to targeted businesses in the community soliciting donations in the form of contributions. Any incoming contributions would automatically be charted against the figure they see in their handout. Chairman Maxwell stated they are in the beginning phases of this proposed project and they plan to report back to the city commission on a regular basis as required. Commissioner Keller explained he knows the MLK Parade has taken place for several years and the city has not had to offset any costs for the event so he was just wondering if they had something that would show the amount of money they raised for that event. Chairman Maxwell advised he can provide that information. Chairman Maxwell further advised he felt the board came up with a realistic figure of $12,000- $15,000, which is within their means of solicitation considering the fact of the 901 businesses in Ocoee, many of them are making major contributions on an annual basis to Founder's Day. The HRDB Board will have to weave their way around those businesses so they do not get into a situation of asking the same businesses with request for donations. Commissioner Keller commented that the demographics provided in the handout is showing the incorrect population figures which add up to 46,000. The city currently has 37,000 in population. Chairman Maxwell said he received the information from the census bureau. Commissioner Keller said he noticed they have two events scheduled for September and he was wondering if they were taking on too much. Chairman Maxwell explained the solution they proposed for 2013 is to begin the International Cultural event two days prior to the Fiesta de Colores event so it becomes collaboration and the end of the intercultural event would be concluded with Fiesta de Colores. Mayor Vandergrift clarified that they would be getting the schools involved as well as other communities. Chairman Maxwell answered affirmatively. Mayor Vandergrift further said this would allow for them to get sponsorships not just from Ocoee but from Pine Hills, Winter Garden, and Apopka. He advised that most of the schools host an International Day event so they may want to collaborate with them as well. Mayor Vandergrift complimented the board for appointing former city employee Pat Cornell as treasurer since she is familiar with the city. . Chairman Maxwell said he requires a monthly report from Pat Cornell and there has been a delay getting that information which makes it impossible for them to move forward. Mayor Vandergrift advised that Pat Cornell should be able to work with finance department and get Page 2 City Commission Regular June 19, 2012 whatever information she needs. City Manager Frank said he had not heard of any issues they were having with finance until this point. Commissioner Wilsen inquired if the board was having a problem with getting information. Chairman Maxwell said he thinks it is just a matter of coordination and he does not perceive it as a problem but he does not want to wait until it becomes a problem. Commissioner Wilsen said she is in charge of the Spring Fling and they have never had an issue getting information. It was suggested that Chairman Maxwell get with the city manager so he can get with finance and they can resolve any problems. Mayor Vandergrift further advised Chairman Maxwell that the city is in a tight budget year and everyone is in agreement that if the board was able to raise the whole $60,000 being requested, they would be okay with their proposed budget. Chairman Maxwell said the primary objective was to get the budget before the Commission so it could be contemplated, trimmed, or cut as needed; as long as they were not told to go away. The Commission commended the hard work that the HRDB does year after year. Commissioner Keller said it would be quite an accomplishment if they could get the Lt. Governor to attend the event. Commissioner Johnson advised Mr. Maxwell to pay attention to the budget meetings; some of the HRDB events may have to be reduced or combined. After discussion no vote was taken; motion died. Presentation on Gateway Signage CRA Administrator Wagner gave a brief overview of the gateway signage that is being proposed throughout different locations entering into the city limits. Mayor Vandergrift inquired on the timeframe to make a discussion on the signage. CRA Administrator Wagner said is already money in the CRA budget for (2) two of the (15) fifteen foot signs, the one on Clarke Road and the one on the 429. He further said at the CRA meeting there was a question on whether the CRA could pay for the sign on Good Homes Road but he feels they would need direction on that. Mayor Vandergrift said he would like to table this since they just received the information tonight and he feels they need more time to study it. CRA Administrator Wagner explained that this was just a lead going into their budget unless they want to move quickly has recommended by Commissioner Johnson. Commissioner Johnson said he would like to have a meeting before they decide on these signs. He further said there are several gateway entrances that he would not want to see the signs which were proposed. He does not have problem with the CRA logo but he would rather have different signs from some of the other areas. Commissioner Hood said he would like to see costs associated with each sign. CRA Administrator Wagner said he does have general estimates and further provided that information to the commission. Commissioner Johnson explained that he honestly would not like to see the signs proposed in the gateway entrances but would prefer to see the typically city signs instead. He further commented that he would like to see more options. Mayor Vanderqrift said without objection he would like to table this. Commissioner Wilsen briefly commented that the problem she has with the proposed signage is that she feels there might be some inconsistency if they use CRA logo verses the city emblem since it is used throughout other points in the city. CRA Administrator Wagner said the signs he proposed can just as easily have the city logo, since it is a very simply design. Page 3 City Commission Regular June 19, 2012 C. COMMENTS FROM CITIZENS/PUBLIC None D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank made the following reports: 1) Announced there is an emergency item added to the agenda to which Mayor Vandergrift approved and stated they should hear now: Approval of a Special Event Permit for Road Closure for Sawmill Subdivision 4 of July Street Party. Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve the emergency item for the Special Event permit for Sawmill subdivision 4th of July Street party. Motion carried 5 -0. 2) The Citizen Police Academy graduation ceremony is scheduled for June 29, 2012, at 7:00 pm. The event will take place at the Ocoee Women's Club, located at Four North Lakewood Avenue Ocoee, FL 34761. 3) The Teen Police Academy is scheduled from July 09, 2012, through July 13, 2012, from 10:OOam till 1:OOpm. The event will take place at High Point Church, located at 476 Ocoee Commerce Parkway Ocoee, FL 34761. 4) Handgun Safety Class - Saturday July 14, 2012, from 8:00a.m. to 1:00p.m. This is a free handgun safety class taught by Ocoee Police Officers. If interested in any of the Police Department events mentioned above please contact Officer Teddy Levin at 407 - 905 -3160 ext. 3024. 5) The Parks and Recreation Department still has openings in its popular swimming lesson program. Individuals that are interested in registering for lessons should call the Parks and Recreation Department at 407 - 905 -3180. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller— None Commissioner Johnson — None Commissioner Wilsen- Announced the Ocoee Rotary Club will be hosting its 6th Annual Texas Hold'em Poker Fundraiser and BBQ which will take place on Friday, June 22 Doors open at 6 p.m. for registration and tournament begins at 7 p.m. event is being held at the Ocoee Community Center at 145 E. Oakland Ave. behind City Hall. Commissioner Hood — None Mayor Vandergrift — None Page 4 City Commission Regular June 19, 2012 F. CONSENT AGENDA Commissioner Hood, seconded by Commissioner Keller, moved to approve the Consent Agenda Items #1 through #6. Motion carried 5 -0. ,L ' °` 1� '''" n itl " k �, i, I t. as 2 ' ' C, 4. Approved on Consent. Motion carried 5 -0. ' �^,�`.. r:= y >t ' +� * Ca,.a "'3, r i. x.i�Yf : a, "0i � ,'n3a ? 19, � , �s��N�aa+��.+�. M a° • ��, � r��' em ,.::; h s�' ��. �' j. ��+ l� ?�y��'��nI��C,Pw''e ^?� ° ww'.�� .:a 6� ` S,, e a-, � ram A traffic enforcement agreement is required by Florida State Statues 31 6.006(2) in order for the City of Ocoee Police Department to have authority to enforce traffic laws upon the private roads within the limits of the gated subdivision. Brookestone Property Owners Association, Inc. is requesting such an agreement. The term of this agreement shall be two (2) years from the effective date and will automatically renew for an additional two (2) year period unless terminated by either party with 60 day written notice. Approved on Consent. Motion carried 5 -0. � a , G'''' "` !` 3' Y^ 'ex� p v n°' x ', , w' F� ti F t. m��n" vi sa ` `°'=a�?.:,?", E � N r, ,.." Ms. Audrey Sullins owns the property which is located at 1737 Clarcona -Ocoee Road and has approached the City for utility service. The property is not part of a platted subdivision and has one single family residence on the property. The property is currently within unincorporated Orange County and is not contiguous to the City Limits. However the property is inside the City's JPA boundary, Water & Sewer Territorial Boundary, and City Limits. Therefore, this is just Intent to Annex for water service at this time. Approved on Consent. Motion carried 5 -0. l C, s.', v V` °i".�� W` e ,�'�a 1N i rxea.t �.3a , 4;'� • P x:o . "� g '. P "'�'S' a@,4 pP � � , # k C t. r SNt lF 8[ »t. § Qa a £ # ,'��' ' °#�C$ € #t1411^ • ` y � s �} l' 3' � r 3 �p �^ �s ��- ,, z t C ' a � �` , '� ��,'� x -,« �' t � <a P orarily k l 1 street 1 " 11 1 Q # (.0j1 �Ta � a� a � * tea �; r .�a� . ° ' .aza n order o t emp c ose a public he approval of the Honorable Mayor and City Commission i I is required. Wedgewood Commons HOA has made application to the City for a Special Event Permit for a Neighborhood Block Party that would require the temporary closing of a City owned street. The event will be held on June 23, 2012, starting from 5:00 pm to 8:00 pm. The street to be closed is Rachel's Ridge Loop. Approved on Consent. Motion carried 5 -0. e;V, v ^ti'• � oe e.� ,� x��. *..b`+ l +€` ' ��� xr y r rM , ,,' '� h xia '�,, ' a� fik` a "� v.`�mm�r ��arr • �,1'1) s °a�i�"kiiE # °�81 " E ll#3 #1# #� ➢ ! # p �!! s., r ;''� t � :� i k �fi lrn ...,,...., , '°° :t t Q -Star Technology, which developed the solar - powered FlashCAM Digital Vandalism Deterrent System, presented their product to city staff as an option for preventing, theft, vandalism and other crimes throughout the City. As a method to secure City properties and facilities, staff would like to purchase sufficient FlashCam systems and deploy the devices at locations where City property has repeatedly been damaged by vandals; or at risk locations, such as City parks, athletic fields and concession stands, and utilities facilities. Utilities staff would like to purchase the first unit to be primarily used at department facilities such as the treatment plants, and also at various lift stations sites. The unit will be deployed by the Police Department, and could also be utilized by police during special events when extra units are needed. Approved on Consent. Motion carried 5 -0. Page 5 City Commission Regular June 19, 2012 33 �c ., �, ate. r5v,,,'� ; -aa�� _'rA .'^;qsa ++���� . +,,�.�r qu a . q § ` n.` ' r�, „ '•a. ?, a 6 � a x � � ay , 4YS ti z to 011, � � � 03r" rry * gt The monthly printing and mailing of utility bills and other publications i.e. -News to You, annual drinking water report, and founders' day flyers for the city is provided by an outside vendor. The city entered into an agreement with Southwest Direct Inc. for these services. Our contract expires July 22, 2012. The current agreement does not provide for an extension beyond that date. Staff has located a similar contract between Collier County and Southwest Direct which would allow the city to piggyback. Collier County awarded Bid No. 08 -5125 to Southwest Direct Inc. March 10, 2009. The contractual rates in the Collier County agreement are $.003 less than what we currently pay for utility bills. The bid expires March 2013 which will provide sufficient time for us and/or Collier County to go through a bid process. Approved on Consent. Motion carried 5 -0. G. FIRST READING OF ORDINANCE i "�' S ' ; ri 5i;; rla 5 it a � Ai,�:t rr y " „, :, r•' y f k U„ J k i g �. J . � '" ti y ah e Y a:?.c R X `d �tiao. �"�. `�"' 's n The subject property is located on the east side of Maguire Road and approximately 1,100 feet north of Colonial Drive (SR 50). Based on the recommendation of the DRC and Planning & Zoning Commission, staff recommends that the Mayor and City Commissioners approve the Annexation of the +/ -1.95 acres parcel of land known as the Bright House Ocoee property with an Initial Zoning classification of a "PUD" based on the Land Use Plan, as date stamped received by the City on May 22, 2012. a. Annexation Ordinance b. Rezoning Ordinance to PUD/Land Use Plan City Attorney Cookson read the title of Annexation Ordinance. Mayor Vandergrift announced the second reading and public hearing will be held on July 17, 2012, at 7:15 p.m. or soon thereafter. ,V40, 1't y i e . e4 , i 1 i ) ` � tit x 4 y .� �r & y`E s a vy C E .�, �, � t i g� yi • � ��aa� €�����i � ��i`�a iE`i��li � �i \�� [ �`�' [���°��� ra��r ) €r/ "''s �•+'���,.,,,,�� i ; �i � ' .i � � :p j ' � a a i . �si �",. �+, R.r- ��t':'s:s-5 mi The implementation of columbarium structures in the Ocoee Cemetery created a need for revisions to Chapter 61 of the Code of Ordinances. At this time staff feels it is in the best interest of the City to repeal and reinstate Chapter 61 in its entirety in order to update the administrative and operating processes, to take more of a controlling role in the sales and services provided within the cemetery, and to authorize future changes to the Rules and Regulations to be adopted by resolution. This staff report is for first reading of the ordinance of the proposed changes to Chapter 61. The second reading will occur after an RFP for cemetery services is completed. Once those costs are established, pricing can be determined for resident and non - resident cemetery fees. Additionally, a working draft of the Rules and Regulations and its adopting resolution have been included for review and /or discussion. The finalized resolution to adopt new Rules and Regulations will be presented to the Commission in August 2012, at the same time as the second reading /public hearing of this ordinance. City Attorney Cookson read the title of Ordinance. Mayor Vandergrift announced the second reading and public hearing will be held on a future proposed date in August 2012. Page 6 City Commission Regular June 19, 2012 H. REGULAR AGENDA Utilities Director Smith explained that the reclaimed water agreements being presented tonight have been a process that staff and the city manager's office has been working on with Orange County staff. This agreement would provide enough water to meet our 2026 permit requirements. He briefly explained each agreement and advised that the areas that would be supplied with the reclaimed water supply would be the North Service Area. Affected neighborhoods would include Forest Brooke, Westyn Bay, Kensington Manor, McCormick Woods, Ingram Trails, Eagles Landing, The Vineyards, Ocoee High School, Commercial area at West Road and Ocoee - Apopka Road (approximately 1,100 existing homes). The neighborhoods are already plumbed with reclaim water and all they would do is bring in the lines for connection. Utilities Director Smith said if the wholesale agreement is approved tonight, connection should begin within 180 days. Explanation was given on the needed alternative water supply. The city has been capped at 4.88 mgd groundwater withdrawal and the city's projected water demand with St. John's conservation for 2026 is 7.5 mgd. With current reclaimed water supplies, the City will need an additional minimum supply of 1.18 mgd. Utilities Director Smith briefly spoke of alternative ways to gather water for the city's usage and the cost associated, as well as, the cost for the design of the North Service Area. Commissioner Hood commented that he has been working with the city for 3 -4 years on trying to get reclaim water out on the North end so he is happy it is finally coming through. Commissioner Keller concurred stating he also thinks this will be good. Commissioner Johnson commented that they have not been able to get reclaim on the South side so he is not sure why they are starting on the North side. Utilities Director Smith said it is a water supply issue. He further explained as mentioned in the Capital Improvement Workshop the two main issues he see with the Utilities Department in the upcoming years is water supply and sewer conveyance issue. He further said this simple project he presented tonight would bring on 1,100 homes that already have the lines. City Manager Frank clarified that is what he wanted to point out, which is, the lines already exist in front of the homes on the North side. a. Approval of City of Ocoee / Orange County Reclaimed Water Territorial Agreement. The approval of the Reclaimed Water Territorial Agreement formalizes the current City limits and enclave parcels as the City's Reclaimed Territory, and confirms the areas beyond the City limits and in Orange County as the County's reclaimed territory. The agreement provides methods to modify the reclaim areas. This Territorial Agreement should be considered in conjunction with the City of Ocoee /Orange County Agreement for the Delivery and Use of Wholesale Reclaimed Water. As this provides clarity to service territory for reclaimed water, staff recommends the approval of the Territorial Agreement even if the Wholesale Agreement is denied. Commissioner Keller, seconded by Commissioner Johnson, moved to approve the City of Ocoee / Orange County Reclaimed Water Territorial Agreement per staffs recommendation. Motion carried 4 -0 with Mayor Vandergrift away from the dais. Page 7 City Commission Regular June 19, 2012 b. Approval of City of Ocoee /Orange County Agreement for the Delivery and Use of Wholesale Reclaimed Water. To continue the City's efforts to provide customers with cost effective utilities service and conserve valuable ground water, the City of Ocoee is planning to expand the reclaimed water infrastructure in the North Service Area and make more capacity available to the Central Service Area. To accomplish this goal, staff is recommending the City enter into an agreement with Orange County for the County to provide wholesale reclaimed water capacity. Mayor Protem Hood, seconded by Commissioner Keller, moved to approve the City of Ocoee /Oranqe County Aqreement for the Delivery and Use of Wholesale Reclaimed Water per staffs recommendation. Motion carried 4 -0 with Mayor Vanderqrift away from the dais. c. Approval of Design of North Service Area (NSA) Reclaimed Main Extension. Staff has brought to Commission for approval the aforementioned Territorial Agreement, and also a Wholesale Agreement, with the intent to purchase reclaimed water from Orange County to supplement the City's existing supply and satisfy the need for 1.18 additional mgd of alternative water to meet future demands. If Commission has approved both of the agreements, engineering services of the design of the Phase I transmission mains must be initiated. Phasing, pipe sizes and probable cost are addressed in the Wholesale Reclaimed Water Service Area Feasibility Plan. The Phase I project will bring reclaimed water to Kensington Manor, McCormick Woods, Ingram Trails, Forest Brooke, Eagles Landing, the Vineyards and Westyn Bay. The Phase I project will also connect the commercial areas at the West Road — Ocoee - Apopka Road intersection which includes Ocoee High School and the pass- through capacity interconnect (west end of Arden Park South). Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the Design of North Service Area (NSA) Reclaimed Main Extension per staffs recommendation. Motion carried 4 -0 with Mayor Vanderqrift away from the dais. City Attorney Cookson read the title of Rezoning Ordinance that was associated with Item #7- Bright House Ocoee and was accidentally overlooked. ia A a. h 4 a. Presentation of Analysis and Options for City -based Emergency Medical Services Transport. (Deputy Fire Chief Hoover) Fire Chief McNeil briefly explained that the Fire Department was tasked with the providing information for the City to provide EMS transport services. He said staff has worked hard on the proposal and he turned it over to Deputy Chief Hoover. Deputy Fire Chief Hoover presented a PowerPoint presentation which explained the expenses and options for a city -based EMS transport. He explained the current situation where Ocoee Fire Department starts the care of the patient and then transfers to the ambulance. He introduced four options and explained the costs of each option and explained that if they chose to go with Plans C or D they will need to have a contract with Rural Metro. He summarized the four plans as follows: Page 8 City Commission Regular June 19, 2012 Plan A: 2 transports, 1 Quality Assurance Supervisor, 12 paramedics Plan B: 1 transport, 1 Quality Assurance Supervisor, 6 firefighter/ paramedics Plan C: 0 transport, 1 Quality Assurance Supervisor, using current staff Plan D: No start-up costs, 1 year $18,000 income, as well as years 2 and 3, uses current staffing. Discussion occurred with regard to the various options and the budgeting of each option. Christopher Blach of Rural Metro answered questions. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve Plan D as presented by staff, with Rural Metro doing the billing. Motion carried 5 -0 b. Award of RFP #12 -005 Emergency Ambulance Service to Rural/Metro Ambulance. (Purchasing Agent Tolbert) Rural /Metro is proposing the same service it is currently providing at no cost to the City. The financial compensation for Rural/Metro's services rendered will be from funds received for fee - for - service billings and collections and contractual arrangements with insurance organizations and other payers. The fee schedule, including any increases, will be approved by the City Commission. Supplies, equipment, and medications utilized by the City of Ocoee Fire Rescue Department in the delivery of patient care shall be replaced on a no- cost basis to the City. The initial term of the agreement with Rural/Metro would be for three (3) years beginning September 1, 2012, with two (2) twelve month optional extensions, for a total of five (5) years. Rate increases may be requested by Rural/Metro after the initial twelve (12) month period, and must be approved by the City Commission. Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve Award RFP #12 -005 Emergency Ambulance Services to Rural Metro per staff recommendation with the billing being handled by Rural Metro. Motion carried 5 -0. r ✓ " 3 tt,s. �"' + !' + e� `k'' , "�'e ' Y SW +W ' ^ W v i t tV � bS 4 3 E� �'+ S k� � " S k 4a;, � l i � 1 1 ! I `f! ! 4 I i . ' � � � �,' �. �} : � �3� ,� . i � � A�'y+a,'�, � i ,� • , aL c r . >�` � , `'k� ^- } � �..k' � r +5 "' a 'a � ' � ti 4 wtos�. hy • a � ti' � � � For the past fifteen years the City of Ocoee and Orange County have been negotiating language to set parameters for an Agreement to be able to transfer the operation and maintenance jurisdiction of certain local roads from Orange County to the City. During that time period there have been many areas within the City limits where property is still zoned as being within Orange County and as it develops the property is annexed into the City. The adjacent roads which were the County's jurisdiction were not annexed or transferred. Orange County had been attempting to transfer portions of roads by simply writing a letter to the City telling Florida Statutes require that roadway transfers between the County and the City be done by mutual Agreement. The Interlocal Agreement allows for the transfer of local County roads to the City based upon the annexation of property into the City. When the property along both sides of a portion of road between two intersections that is within and/or has been annexed into the City exceeds 50% of the road length between those intersections, then the operation and maintenance of that portion of road will transfer from the County to the City. City Engineer Wheeler explained that this is an agreement that started back in 1997. There are two major points to the agreement. We established with Orange County a way to transfer the roads. Right of ways are dedicated to the benefit of the public; the county or cities operate and maintain them. He said the Florida Statutes mandate that roads transferred from the county to the city must be done by a mutual agreement. Previously, the county has sent us letters stating that Page 9 City Commission Regular June 19, 2012 the due to some annexation or other action, the city has now assumed the jurisdiction, operation, and maintenance of this road. The City would respond by stating that roads can only be transferred by mutual agreement in accordance with Florida Statutes. We have come up with the 50 %+ Rule; once parcels of land that front a particular road has exceeded 50 %, it would then transfer to the City. When Maguire Shops II was being developed, on the SW corner of Maguire and Roberson Road by the CVS, they wanted to annex into the city. The county issued the permits for that construction and made them prepay the Road Impact Fees, so the County has agreed to transfer those collected fees back to the City in the amount of $347,000 with this transfer agreement. We will use that money to make improvements on Roberson Road at the intersection. The agreement includes eleven (11) road segments transferring to the City that were still owned by the County, but not necessarily maintained and operated by them: North Clarke Road, Hackney Prairie Road, Palm Drive, A.D Mims Road, Johio Shores Road, White Road, Maine Street, Tomyn Road, Adair Street, North Lakewood Avenue, and Roberson Road. Detailed descriptions and maps of these road sections are described in Exhibits A and B of the Interlocal Agreement. Additionally, the agreement excludes five (5) certain county designated roads on the outside perimeter of the City. Those roads are CR437 Ocoee Apopka Road, CR439 Clarcona Ocoee Road, McCormick Road, Good Homes Road, and Parkridge Gotha Road. City Engineer Wheeler showed a map that demonstrated all of the proposed transfers. Commissioner Keller inquired about a letter the city received regarding road and bridge near Citrus Oaks. He expressed a concern about the 50 %+ rule causing us to have to maintain a bridge. Mr. Wheeler stated that a letter was returned by our city attorney stating that it is a private road not owned by the City or County. City Engineer Wheeler further reviewed the map and all of the roads affected by this agreement. Mayor Vandergrift stated that he felt before we accepted the transfer of some of these roads, we should have the county mill and resurface those that need to be fixed. Public Works Director Krug stated he and Mr. Wheeler have reviewed all of the roads on this agreement and there are none that need immediate extensive work. Mr. Wheeler added that the city has been maintaining them anyway; this will not affect the city in the short term. Mr. Krug confirmed that they are currently working on some potholes on Johio Shores Road at this time. Mayor Vandergrift asked that we should not accept a road that is in poor condition; we should make then fix it first. City Manager Frank said that the agreement needs to be looked at in its totality. The City did not agree to take roads such as Clarcona Ocoee or Ocoee Apopka, but only roads that we were already maintaining for many years due to past annexations. City Engineer Wheeler said these roads have already been identified for approximately ten years. There was further discussion about the County widening Clarcona Ocoee Road at this time; improvements to the intersection signalization and four - laning at Clarke Road and Clarcona Ocoee Road will a part of that contract, however the widening of Clarke Road to four lanes is not on the horizon. He said they are widening Clarcona Ocoee Road west to SR429, but they are not doing anything to Clarke Road at this time. Mr. Wheeler clarified that we made developers fill in Clarke Road (Reserve of Meadow Lake, NW corner of AD Mims and Clarke) up to the lift station and the next developer (Lexington Park) will fill from there to Hackney Prairie Road. Mayor Vandergrift reiterated that we should ask the County to resurface roads before we take them Page 10 City Commission Regular June 19, 2012 over; he felt that the elected officials may have more success getting the County to agree than staff has had with them and therefore should delay the approval of this agreement. Commissioner Wilsen asked about the drainage issue on White Road by Whitehill that is still a county road. Mr. Krug said it is one of the miscellaneous projects in stormwater and we have some solutions for it; we have just been focused on other issues now. Commissioner Wilsen said it should be a priority because it is a dangerous spot. Mayor Vandergrift said that White Road, east of Clarke will need to be resurfaced all the way to Good Homes Road will need to be resurfaced in the next couple of years and we are taking that road also. Mr. Wheeler stated that is one of the areas the county has considered ours for several years. Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve the Interlocal Agreement between Orange County and the City of Ocoee Regarding Jurisdiction to Operate and Maintain Certain Local Roads, per staff recommendation. Motion carried 4 -1 with Mayor Vandergrift opposing. City Attorney Cookson confirmed with City Engineer Wheeler that this is scheduled from County approval in July. Commissioner Hood said we can still ask them if they will resurface those roads that we spoke about. Mr. Wheeler said he will ask them and let the Commission know what their answer is. I. STAFF ACTION ITEMS None J. COMMENTS FROM COMMISSIONERS Commissioner Hood— inquired about the lights on Ingram Road. Public Works Director Krug said they have not received a quote yet. They discussed which portions of the road are city vs. county. Commissioner Hood said it is the City's portion that needs lights. Commissioner Wilsen — announced that 1) the 6th annual Texas Hold'em sponsored by the Rotary Club will be this Friday at the Ocoee Community Center. The entry will be a $50 donation toward community projects. 2) Food Truck Event was very nice and the Parks and Recreation Department is doing a good job. 3) She inquired if staff can look into a background screen to go behind all of the pictures that we take in the Commission Chambers. Commissioner Johnson — 1) asked the Commission to vote on the Ocoee Football program for the full page ad $350; he said it is already in the budget. Commissioner Johnson, seconded by Commission Hood, moved to purchase a full page ad from the Ocoee High School Football Program. Motion carried 5 -0. 2) inquired about filling the ditch outside at Windsor Landing on Maguire Road. He explained it is washing out from under the sidewalk. Public Works Director Krug said he will look into it. Page 11 City Commission Regular June 19, 2012 Commissioner Keller suggested painting the back wall with a logo and use that as an area for taking pictures. Commissioner Johnson noted he would still like to use that back wall for commissioner's pictures. Mayor Vandergrift — None ADJOURNMENT The meeting was adjourned at 9:48 p.m. APPROVED: Attest: City of Ocoee �:. r)$∎ ..� �.._ ikenberry, City Cler S. Scott Vandergrift, Mayor Page 12