12-17-13Minutes
December 17, 2013, at 6:45 P.M.
OCOEE CITY COMMISSION MEETING
6:45 P.M. Pre- Meeting Present
2013 Christmas Parade Winners — Ocoee Lions Club
Youth
I Place; Ocoee Bull Dogs
2nd Place; Ready Set Dance
3` Place; Girl Scout Troop 4561
Honorable Mention: Florida Youth Programs
Church
1't Place; Liberty Lighthouse
2 °1 Place: Glad Tidings
3` Place; West Orange Christian Service Center
Commercial
I Place; Club Z Fitness
2nd Place; Windermere Pools
3rd Place; Crawford Tire Service
Honorable Mention: West Orange Chamber of
Commerce
Non - Commercial
1 sr Place; American Legion #109
2 °1 Place; GFWC Woman's Club of Ocoee, Inc.
3' Place; Bahia Shriners
Honorable Mention: Mid - FL Mustang Club
Ocoee Lion's Club Member Cathy Sills thanked the City and residents for coming out to the
parade. She further presented the Ocoee Police Department with a check for $450.00 to go
toward their Annual Toy Drive for Kids in Need. The Ocoee Lion's Club also collected a truck
load of toys that they have already delivered to the Police Department.
2013 Holiday Lighting Contest Winners — Parks and Recreation Director Hayes
First Place: 1513 Prairie Lake Blvd., Kelly Fitzgerald
Runner Up: 120 W. Washington Street, John & Allison Traywick
Most Innovative Use of Lights: 600 Cardinal Street, Wayne Vaughn
Performance by Ocoee Bulldogs Jr. Pee -Wee Squad & Ocoee Bulldogs Midget Team
Founders' Day Appreciation Certificates presented by Commissioner Johnson, Parks and
Recreation Manager Mark Johnson, and Parks and Recreation Director Hayes to:
Residents Scott Moore & Ronnie Strosnider Jr. for their help with Founders' Day Event
Dan Abdo
Keith Hendrix
Mark Rollins
Dixie Chapman
Adrian Johnson
Sean Gleason
Toren Hogan
Hyunah Kim
Firefighter James Kelley briefly shared that the Memorial for Donny Ungero to Station One is
almost completed. There is a tentative dedication date for January 4, 2014. Mr. Kelley displayed
a firefighter helmet that was made which honors Donny Ungero and will be raffled off to help
raise money to add a Vietnam Memorial at the City's Memorial Garden.
Regular City Commission
December 17, 2013
REGULAR CITY COMMISSI MEETING
A. CALL TO ORDE
Invocation — Commissioner Keller
Pledge of Allegiance — Commissioner Grogan
Roll Call and Determination of Quorum — City Clerk Eikenberry
PRESENTATIONS AND PR
Recognition of Newly Promoted Deputy Police Chief Ted Silberstein
Police Chief Brown gave a brief introduction of newly promoted Deputy Police Chief Ted
Silberstein. Deputy Police Chief Silberstein was given the opportunity to speak in which he
briefly thanked his family, the City, and his staff.
C. COMMENTS FROM CI TIZENS /P UBLIC - None
STAFF REPORTS AND AGENDA REVIEW - None
E. CO MMISSIONERS ANNOUNCEMENTS
Commissioner Keller — 1) announced the he is sorry he missed the parade but was fortunate to
make it to the Holiday Tree Lighting. It was a great event and he looks forward to it becoming an
annual event. 2) wished everyone a Merry Christmas and Happy Holiday!
Commissioner Johnson —None
Commissioner Wilsen — 1) announced that Operation Santa is currently going around tonight
collecting gifts as well as tomorrow night which will be their last night. 2) commented that she
did accept the trophy for the Christian Service Center but wanted to share that she had nothing to
do with the float but would like to recognize Amt Walden who did all the work.
Commissioner Grogan None
Mayor Vandergrift — briefly shared that he is wearing a particular jacket tonight in
commemoration of his visit to Kittyhawk, North Carolina 3 years ago for the 100 year
Celebration of Flight. Ile was invited as a guest by his good friend Joe Kittinger who flew in
Vietnam.
F. CONSENT AGENDA
Commissioner Grogan, seconded by Commissioner Wilsen, moved to approve
the Consent Agenda Items #1, #3, and #4; with Item #2 being pulled to be heard
for separate consideration. Motion carried 5 -0.
1. Approval of Minutes for the Regular Commission Meeting Held December 3, 2013.
(City Clerk Eikenberry)
Approved on Consent. Motion Carried 5 -0.
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Regular City Commission
December 17, 2013
2. Approval for Award of RFP 914 -001 Citywide Wrecker Towing Services. (Purchasing
Agent Tolbert)
The City's current contract for wrecker towing services for public roads and City vehicles expires on December
31, 2013. In conformance with Chapter 21 (Purchasing Code) of the City Code of Ordinances, and in the best
interest of the public and the City, the City solicited competitive proposals from experienced Contractors to
establish a multi -year Contract for City -wide Wrecker Towing Services. The RFP was advertised on October
13, 2013, and was publicly opened on November 6, 2013. There were a total of four (4) proposals submitted.
The Public Works and Finance Departments reviewed the proposals and all but one were considered responsive.
One (1) proposal was considered non- responsive for failure to provide the required bid security.
The Evaluation Committee meeting to discuss evaluation and negotiation strategies was held on November 7,
2013. The Evaluation Committee also conducted site /facility inspections and interviews with each Respondent
on November 13, 2013. The RFP evaluation committee meeting was held on November 20, 2013, with the
Evaluation Committee evaluating and short - listing the firms on specific evaluation criteria. The Evaluation
Committee short - listed the following firms in ranked order, and recommends contracting with the top ranked
firm, Car Store of West Orange Inc.
Lengthy discussion ensued regarding consideration of having staff look into doing a contract
similar to Orange County and instead of choosing one firm they could award contract to more
than one company at an agreed rate and rotate services.
Victor Chapman, representative for Ace Wrecker, briefly addressed the Commission to advise
that his client was the only responsive bidder to the RFP and shared why he thought the other
firms were not in compliance.
Commissioner Grogan, seconded by Commissioner Keller, moved to reject all
bidders in RFP #14 -001 Citvwide Wrecker Towina Services.
Each respondent who was present was questioned in regards to whether they agreed with
Commission's discussion on setting a flat rate and rotating services. Consensus was that a
rotating towing service would be fair and all respondents agreed.
After discussion, motion carried 4 -1 with Mayor Vandergrift opposing.
Commissioner Johnson, seconded by Commissioner Grogan, moved to award
RFP #14 -001 Citywide Wrecker Towing Services to all three agencies (Ace
Wrecker, Car Store, and Sly's Towing) using the County's rate of $125.00 and no
charge for City vehicles. Motion carried 4 -1 with Mayor Vandergrift opposing.
3. Approval for Intent to Annex for Water Service for Homes In Partnership, Inc.
unaddressed parcel on 1st Street. (City Engineer Wheeler)
Homes In Partnership, Inc. owns the property which is located on 1st Street and has approached the City for
utility service. The Orange County Property Appraiser will not address the parcel until a building permit is
applied for this parcel. The property was platted as a part of the Hillcrest Heights Ocoee subdivision and
currently does not have a structure 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. Sanitary sewer service from the City is not available at
this time; therefore, this is j ust an Intent to Annex for water service.
Approved on Consent. Motion Carried 5 -0.
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Regular City Commission
December 17, 2013
4. Approval for Authorization to Extend Water and Sanitary Sewer Utilities to the
Southwest Utility Service Area and to Employ Pegasus Engineering, LLC to Design and
Permit the Facilities. (City Engineer Wheeler)
The southwest utility service area is located in a portion of the City bounded by Roberson Road on the south,
Tomyn Boulevard on the west, Florida's Turnpike on the north, and the Wes mere /Brookestone subdivisions on
the east. This area currently does not have any City water or sanitary sewer utilities located within the area.
Two parcels are currently being proposed for development — the Barkaritaville property on Tomyn Boulevard
and the All Sports Memory Care property on Roberson Road.
The lack of any utility service in the area has hindered the development of the affected lands. There are water
and sanitary sewer pipelines adjacent to the affected area and there is sufficient capacity within those facilities
to accept the projected flows proposed for each parcel within the Southwest Utility Service Area. The City
employed Reiss Engineering, Inc. to prepare a report on the potential flows based upon the two developments
that have already been presented to the City for review and to project usages and flows for the other
undeveloped parcels. That report was presented to the City Commission as a part of the Barkaritaville
Development Agreement that was approved at November 5, 2013, City Commission Meeting.
As a part of that Southwest Utility Service Area report and the Barkaritaville Development Agreement the City
proposed to prepare and pay for design plans for the extension of the "backbone" water and sanitary sewer
pipelines along Tomyn Boulevard and Roberson Road to serve these properties. The construction of these
pipelines would be funded by reimbursement from the development of the properties based upon each
property's share of the projected flows to each pipeline.
City staff worked with Pegasus Engineer, LLC. to develop a scope of services to design and permit the pipelines
including surveying and geotechnical exploration of the proposed pipeline routes. Pegasus Engineering, LLC is
one of the City's continuing consultants under contract to perform design services. The proposal details
Pegasus' scope and costs for a not to exceed amount of $88,500.
Approved on Consent. Motion Carried 5 -0.
Recess for visit firorn 01)eration Santa
G. FIRST READING OF ORDINANCES
5. City Property — Future Retention Pond Wurst Road. (Second Reading and Public Hearing
scheduled for January 7, 2014, Regular Commission Meeling at 7: 15 p.m. or soon there(Ifter). (City
Planner Rumer)
The City of Ocoee is requesting the annexation of a parcel of land totaling 1.13 + acres and an initial zoning
from Orange County "A -1" to the City of Ocoee "A -1 ". The parcel is vacant and does not contain public access.
The City is anticipating using the parcel as a right -of -way retention pond when future upgrades are made to
Wurst Road.
a) Annexation Ordinance
b) Rezoning Ordinance
City Attorney Cookson read the title of the Ordinances. Mayor Pro Tem Feller announced the
second reading and public hearing will be held on January 7, 2014, Regular Commission
Meeting at 7:15 p.m. or soon thereafter.
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Regular City Commission
December 17, 2013
Comprehensive Plan Amendment — Capital Improvements Element. (Second Readin, and
Public Hearing scheduled for Janurny 7, 2014, Regular Commission Meeting at 7:15 p.m. or soon thereafter).
(City Planner Rumer)
The Capital Improvement Element (CIE) of the City of Ocoee Comprehensive Plan is a requirement 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.
The Florida Legislature enacted legislation allowing adoption of the annual amendment to the CIE to be
accomplished with a single public adoption hearing. Additionally, State Statute no longer requires a copy of the
Ordinance to be transmitted to the Florida Department of Economic Opportunity (FKA: Department of
Community Affairs "DCA "). Therefore, adoption of this Ordinance is final in its form and content.
City Attorney Cookson read the title of the Ordinance. Mayor Pro Tem Keller announced the
second reading and public hearing will be held on January 7, 2014, Regular Commission
Meeting at 7:15 p.m. or soon thereafter.
H. SECOND READING OF ORDINANCE - PUBLIC HEARING
7. Second Reading of Ordinance for Reduction of Impact Fees & Deferral of
Transportation Impact Fee Payment — Extension until July 1, 2014. (Advertised in the
Orlando Sentinel on Thursday, December 5, 2013). (City Planner Rumer)
The City extended economic incentives for new construction last year that are by ordinance set to expire on
January 1, 2014. The incentives included reducing impact fees for police, fire, recreational park, and
transportation. Other incentives included the deferral of transportation impact fee payments until Certificate of
Occupancy.
A study of the existing impact fees, methodologies, and current construction costs indicate that a full impact fee
update will result in lower impact fees for targeted uses such as commercial, restaurant, and office. An update to
the City's impact fees and methodology is expected to begin in the first quarter of next year, using newly
released transportation data from FDOT and Metro Plan. Staff is requesting an extension to the current impact
fee reduction until July 1, 2014, in order to complete the impact fee update.
City Attorney Cookson read the title of the Ordinance.
Mayor Vandergrift opened the public hearing. As no one wished to speak the public hearing
was closed.
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve
Ordinance No 2013 -039 for Reduction of Impact Fees & Deferral of
Transportation Impact Fee Payment — Extension until July 1, 2014, per staff's
recommendation. Motion carried 5 -0.
The ordinance as adopted on second reading carries the following title:
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Regular City Commission
December 17, 2013
ORDINANCE NO. 2013 -039
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO ROAD,
RECREATIONAL PARK, FIRE, AND POLICE IMPACT FEES; AMENDING SECTION 87-
3.1 OF THE CITY CODE EXTENDING THE TEMPORARY DEFERRAL OF ROAD
IMPACT FEE PAYMENTS UNDER CERTAIN CIRCUMSTANCES; AMENDING
SECTIONS 87-4,87-18,87-30, AND 87 -42 OF THE CITY CODE BY PROVIDING FOR THE
TEMPORARY REDUCTION OF IMPACT FEES FOR ROADS, RECREATIONAL PARK,
FIRE AND POLICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
I. REGULAR AGENDA
8. Approval of 2 " d Code Enforcement Reduction of Fines /Liens for The Florida LP -
Newest Owner of 1714 Palmerston Circle. (Assistant Director of Support Services
Gaines)
On January 5, 2008, a violation notice was issued by Code Officer Theresa Rodriguez for having no final
inspection on a fence permit issued by the Building Department. The property was found to be compliant with
the code, stopping at an accrued fine of $58,650.00. On September 25, 2009, a re- hearing for reduction was
held and the fine was reduced to $2,000.00 by the Code Enforcement Board, it was further reduced by the City
Commission to the City's cost of $637.78, if paid within 60 days. This amount went unpaid, resulting in
reinstatement of the original fine amount of $58,650.00.
Current owner, The Florida LP, claims that they had no knowledge of the fine resultant fi•om ownership change
during the 60 day fine payment period and would like to request a reduction. On November 26, 2013, the Code
Enforcement Board passed a motion to reduce the fine amount to $2,000.00, duplicating their original reduction
recommendation of 2009.
]'his itein was moved up on the agenda and heard before Items 5 -10.
Director of Support Services Butler gave a brief history of the case advising this was heard by
the commission in 2009 and was reduced to $637.78 if paid within 60 days. It was explained
that the current owner purchased the property through the foreclosure process.
Commissioner Keller noted that it was his district and said he would go back down to the
$637.78 and explained because he feels it was more of poor judgment in not doing a lien search,
but the property was in compliance all along. It was discussed that more city administrative costs
had been incurred since the time amount was set, and it would be closer to $800 at this time.
Commissioner Keller moved to reduce the fine amount to $800. Motion died for
lack of second.
There was discussion as to who has the responsibility to make sure the property does not have a
lien; it should have been found when the property was purchased. Commissioner Johnson said
he cannot believe the company purchased it and did not do a lien search. Commissioner Grogan
said he believes the purchaser bought it at a good price at auction and should have done their due
diligence to check for lien search
Commissioner Grogan, seconded by Commissioner Johnson, moved to reduce
the fine to $2000 as recommended by the Code Enforcement Board, payable
within 60 days our fine reverts back to $58,650.00. Motion carried 4 -1 with
Commissioner Keller opposing.
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Regular City Commission
December 17, 2013
9. Approval of Code Enforcement Agreements with Towns of Oakland and Windermere
with 3% Adjustment to Cover the City of Ocoee's Costs. (Assistant Director of Support
Services Gaines)
The City of Ocoee is willing to continue to provide part -time Code Enforcement services to the Towns of
Oakland and Windermere with a 3% increase to cover the City of Ocoee's increased costs. The City of Ocoee
will continue to make available to the 'Towns of Oakland and Windermere one (1) of the City of Ocoee's Code
Enforcement Officers to provide code enforcement services within the Town of Oakland for approximately
eight (8) hours a week and the Town of Windermere for approximately eight (8) hours a week. It is anticipated
that the Code Enforcement Officer will perform the services over two (2) 4 -hour segments on non - consecutive
days in each "Town; however, the schedule may change depending upon circumstances.
The City of Ocoee is requesting to increase the hourly rate by 3% to keep up with the City's costs. This would
raise the hourly rate from $27.76 to $28.59 for both agreements.
Commissioner Johnson, seconded by Commissioner Wilsen, moved for Approval
of Code Enforcement Agreements with Towns of Oakland and Windermere with
3% Adjustment to Cover the City of Ocoee's Costs. Motion carried 5 -0.
10. Presentation by Taylor Morrison — Ocoee Crown Point PUD Request for Letters of
Intent. (City Planner Rumer)
This item was moved tip on the agenda and heard before Item 95.
City Planner Rumer gave an overview of the process which occurred with request for letters of
intent (LOI) for the Ocoee Crown Point PUD. He advised that the Mayor and City
Commissioners approved of the City Manager's top three respondents: i) Taylor Morrison, ii)
Frontdoor Communities, and iii) Meritage Homes for further interviews with staff. The City
Manager and his designees have conducted interviews with the top respondents. After the
interviews, Frontdoor Communities withdrew their name for consideration, as well as, Meritage
Homes because they could not commit to the level of their offer and deposit conditions. Meritage
Homes did advise however, that if the City renegotiates the LOI they would like to respond
again.
Mr. Rumer stated that Taylor Morrison is the only LOI respondent that has stayed committed to
the process and would like to do a presentation for the Commission. Greg Clark and Maurice
Johnson gave a brief PowerPoint presentation highlighting their product and the unique
community they can offer for the Crown Point site.
After the presentation, Commissioner Keller noted that he would like to see wider sidewalks on
the roads that are going out to the trail and to the school. He said his preference would be 8 ft.
sidewalks but Eft. -8ft. would be very helpful to the children and parents that walk to the schools.
Otherwise, he felt the presentation showed a fairly good project.
Commissioner Wilsen inquired what the City still owes on the property. City Manager Frank
said he believes it is $3.7 million. Commissioner Wilsen said she is also impressed with what
was presented.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to accept
Taylor Morrison as the Builder at the $9.9 million proposal and direct City staff to
enter into a contract.
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Regular City Commission
December 17, 2013
Mayor Vandergrift shared his concern with entering into a contract with the other builders
backing out. A brief discussion ensued regarding the other builders withdrawing and if they
should move forward with the $9.9 million proposal before them.
After discussion motion carried 4 -1 with Mayor Vandergrift opposing.
J. STAFF ACTION ITEMS — none
K. COMMENTS FROM COMMISSIONERS
Commissioner Grogan — Noted that holiday break is coining; don't forget to be careful out
there because kids are out of school for two weeks. Wished everyone Happy Holidays.
Commissioner Wilsen — announced Operation Santa is doing its last run tomorrow night 2) also
inquired if they could add an item to the second meeting in January regarding the information the
police department was going to bring on the camera issue. City Manager Frank said they were
going to do that tonight, but the person who has done most of the research was not able to be
here. It will be brought back January Mayor Vandergrift inquired about the State of the City
address; there was discussion that is needs to be done in January. Support Services Director
Butler stated that there has been some internal discussion about it doing something different with
more visual focus. 3) inquired what the latest completion date will be for the event center.
Support Services Director Butler said they still shooting for the December 23' deadline, but it
appears a delay in the air conditioning equipment is going to hold up the flooring and some other
items. Additionally, there will be some intensive staff training for booking and maintaining the
center. He also mentioned how everything will be controlled by computers, for example they
can preprogram 10 or 12 different lighting patterns, etc. There was further discussion about the
issues with the contractor and architect, and they are meeting again on Thursday. He told the
contractor today that once the project was finished, they will put together a comprehensive
proposed solution relative to the liquidated damages, inconsistencies, issues with the plans, etc.
He noted they will also include additional items we want such as the clock tower and security
cameras. There was also discussion with regard to events overlapping and Mr. Butler noted there
could be two events at the same time, but they would need to be compatible and different types
of events.
Commissioner Johnson — none
Commissioner Keller — told all to have a Merry Christmas and Happy New Year.
Mayor Vandergrift — told all to have a Merry Christmas and Happy Holidays.
ADJOURNMENT
Meeting adjourned at 9:26 p.m.
APPROVED:
Attest:
(
Meet"ikenberry, City Clerk
City of Ocoee
S. Scott Vandergrift, Mayor`
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