04-15-14MINUTES
April 15, 2014, at 7:15 P.M.
RE GULAR CITY COM MISSION MEETING
A. CALL TO ORD
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 Grogan. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson, and Commissioner Keller.
B. PRESENTATIONS AND PROCLAMATI
Jo -Ann Houwers, with the Autism & R- elated Disabilities Gym Program, recently celebrated 10
years with the Autism group program at the Jim Beech Center. She thanked the City for their
generosity and support with the Autism Gym Program and presented the Parks and Recreation
Department with a certificate of appreciation,
Doug Goddard, with Access Life, spoke to request the road closure and boat ramp at Bill
Breeze Park for their event in November, as well as, the waiving of fees. He gave a brief
summary and provided a hand out of last year's event. Recreation Manager Johnson briefly
advised that he has received the application through his department but Mr. Goddard will still
need to apply for a Special Event permit. He advised that the Ocoee Lakeshore Center has been
rented out on the same day as this event so he is requesting that they have the park area cleaned
up by 5 pm when they next group comes in. Commissioner Wilsen said they also set up on the
Friday before which may be an issue if they wanted to rent out the facility. It was assured that
there is currently nothing on the calendar for that day. Mr. Goddard advised that he was given
approval from the Recreation Department to be able to set -up on Friday. Commissioner Wilsen
advised she feels this is a wonderful event; however, in the future, they need to think about not
tying up the event center for prior to use (e.g.: set -up).
Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve
the waiving of the fees and the closing of the boat ramp and street for the Access
Life Event in November. Motion carried 5 -0.
Proclamation — Civility Month
Mayor Vandergrift proclaimed May 2014 as Civility Month.
Proclamation — Buildiny_ Safety Month
Mayor Vandergrift proclaimed May 2014 as Building Safety Month. The proclamation was
presented to Building Official Washington.
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C. COMMENTS FROM CITIZENS /PUBLIC - None
D. STAFF REP ORTS AND AGENDA REVIEW
Regular City Commission
April 15, 2014
City Manager Frank briefly announced there are no changes to the agenda; however, he would
like to point out that Item #5 on the Consent Agenda is asking for $1800.00 in contingency
funds. The current balance in contingency is just under $49,000.00.
[E. COMMISSIONERS A
Commissioner Grogan - 1) The Parks and Recreation Department will be sponsoring its
Annual Easter Eggstravaganza on Saturday, April 19th at the Jim Beech Recreation Center from
10:00 a.m. to noon. There will be Easter Egg Hunts for children from infants to 12 years of age;
along with prizes, bounce houses, arts & crafts, face painting, coloring contest, clowns and
pictures with the Easter Bunny. For more information contact the Parks and Recreation
Department at 407 -905 -3180. 2) The City of Ocoee Parks and Recreation Department will be
hosting its annual Big Orange Games on Saturday, April 26th at the Ocoee High School Football
Field. Opening ceremonies will be held at 9:15 a.m. and the games will begin at 9:30 a.m. For
more information contact the Beech Recreation Center at 407 - 905 -3180. Mayor Vandergrift
announced they are also always looking for volunteers to help out with the Big Orange Games.
Commissioner Wilsen - -- 1) Reminded members of the Advisory Board that tomorrow evening is
the Volunteer Appreciation Dinner at 6:30 p.m. 2) The Woman's Club of Ocoee is hosting its
Annual Tea Event on May 3 rd from 2 -4 pm. If interested in tickets please contact a member of
the Woman's Club or Commissioner Wilsen, herself.
Commissioner Johnson - The City of Ocoee Police Department will be participating in the next
National Prescription Drug Take Back Day on Saturday April 26, 2014, from loam to 2pm at the
Ocoee Police Department. Residents are encouraged to turn in unused, unwanted, expired
prescription drugs at the Ocoee Police Department.
Commissioner Keller -- 1) City residents may begin registering for the Parks and Recreation
Department's popular swimming lesson program on Saturday, May I Oth from 10:00 am. to 5:00
pm. Non- resident registration will begin May 17th from 9:30 a.m. to 5:00 p.m. For more
information contact the Beech Recreation Center at 407 - 905 -3180 or visit the City's webpage at
www.ocoee. 2) The Ocoee Family Aquatic Facility will open for the 2014 season on
Saturday, May 3rd starting at 11:00 a.m. Information on the pool hours and admission costs can
be found on the city's webpage www.ocoee.org or by calling the Beech Recreation Center at
407 -905 -3180,
F. CONSENT AGENDA
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the
Consent Agenda Items #1 through #5. Motion carried 5 -0.
1. Approval of Minutes for the Regular Commission Meeting Held April 1, 2014. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 5 -0.
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2. Approval for Use of County Solid Waste Management System. (Public Works Director
Krug)
The City has historically utilized the County solid waste management system to dispose of residential and
commercial solid waste. The interlocal agreement between the City and Orange County expired in September,
2011. On October 18, 2011, the City Commission ratified a letter of intent from the County to continue to
receive County solid waste management services under the terms of the expired interlocal agreement until a
new agreement was reached. The County Commission since elected to take a step back and re- evaluated their
rate structure ultimately lowering the tipping fees to the City's benefit from $37.10 to $33.60 per ton.
Due to the County's prolonged rate evaluation process, the City is still negotiating a new contract. The City
Commission previously authorized use of the County solid waste management system through April 30, 2014.
While interlocal agreement negotiations continue, Public Works seeks City Commission authorization to
continue to use the County solid waste management system to dispose of residential and commercial solid waste
until a new agreement is reached or April 30, 2015. The City is utilizing approximately $46,000.00 monthly for
services through the County solid waste management system as budgeted in the Sanitation Division Sanitary
Landfill account. The total 2014 -2015 budget for this account line is $600,000.00.
Approved on Consent. Motion carried 5 -0.
3. Approval of Lift Station Pump Purchase. (Utilities Director Smith)
The City of Ocoee's sewage collection system utilizes submersible sewage pumps to convey raw sewage from
the various areas of the City's wastewater collection system to the wastewater treatment plant. These pumps
vary in size and age due to the location of the development served and the year the pump was placed into
service.
Due to the critical nature of sewage collection pumps and the potential health and financial consequences of
pump failure, the City Commission approved Xylem as a sole source on May 1, 2012, for the standardized Flygt
lift station pumps on all lift stations 5 horsepower and larger. Standardization on Flight pumps was based on
dependability, service and reduction of overhead due to interchangeable parts. Staff recommends approval to
procure the pump rehabilitation /replacement purchase for Lift Stations #19, 431, 940, 441 from Xylem Water
Solutions USA Inc. Flygt Products for the amount of $53,930.00.
Approved on Consent. Motion carried 5 -0.
4. ' Approval of Providing a Perpetual Easement for Purposes of Incorporating a City
Retention Pond into a Future Retention Pond for the Florida Department of
Transportation's SR 50 Widening Project. (City Engineer Wheeler)
The Florida Department of Transportation (FDOT) is in the process of finalizing their plans for the widening of
SR 50 to six travel lanes through Ocoee from the entrance to the West Oaks Mall to SR 429. The large
undeveloped parcel in the Ocoee Commerce Center that abuts Bluford Avenue is to be one of the retention
ponds for that road widening project. City staff has been working with FDOT and its consultant about joining
the City's small dry pond into the larger FDOT pond. The large undeveloped tract will be the FDOT's retention
pond for the majority of the SR 50 widening.
FDOT cannot perform construction activities on property that they do not neither own nor have an easement
over for the purposes of constructing the retention pond. The Perpetual Easement provides that legal document
allowing FDOT to enter upon the property and to construct the retention pond in accordance with their project
plans.
The intent at the end of their construction project is for FDOI to give the entire retention pond property to the
City, maintaining a drainage easement over the property. This will allow the City to construct its linear park
around the outside of the retention area of the pond with a decorative type fence, benches, exercise stations, and
landscaping. The pond could have a fountain, if the water depth allows. The City will maintain the pond and
linear park.
Approved on Consent. Motion carried 5 -0.
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April 15, 2014
5. Approval to use $1,800 in Contingency Funds to Replace the Awnings on City Hall and
the City Hall Annex. (Support Services Director Butler)
Work is underway to repair and repaint City Hall and the City Hall Annex. In the course of this work, it was
necessary to remove seven awnings present over various exit and entrance doors. Once these units were on the
ground, staff discovered that all seven awnings had significantly deteriorated over many years of use. Observed
damage included holes, faded materials, and loss of waterproofing. The budget allocated for the repair and
repainting work has been fully expended due to the amount of woodwork that had to be replaced, so additional
funds are needed to replace the awning covers.
The Support Services Department recommends that the City Commission authorize the allocation of up to
$1,800 from the Contingency Fund to the Public Works - Facilities operating budget for the purpose of
replacing the awning covers at the City Hall complex. The material to be used is the same as that planned for
the exit door awnings at the Lakeshore Center and will match the color of the metal roofs on these buildings.
Approved on Consent. Motion carried 5 -0.
G. FIRST READING OF ORDINAN
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6. First Reading of Ordinance on Limited Income Seniors Additional Homestead
Exemption. (Second Reading and Public Hearing scheduled for May 6, 2014, Regular Commission Meeting
at 7:15 p.m. or soon thereafter). (City Manager Frank)
Florida Statute 196.075 allows for additional homestead exemptions for persons 65 and older. In accordance
with this statue, municipalities can adopt an ordinance allowing for additional homestead exemptions up to
$50,000 for any person who has the legal or equitable title to real estate and maintains thereon the permanent
residence of the owner, who has attained age 65, and whose household income does not exceed $27,994 (2014),
The City currently has set the additional homestead exemption threshold at $25,000.
City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift advised this is a
Second Reading and Public Hearing scheduled for May 6, 2014, Regular Commission Meeting
at 7:15 p.m. or soon thereafter. Mayor Vandergrift inquired the cost that would be incurred by
the City to do this. City Manager Frank advised it would be about $37,000.
H. PUBLIC HEAR - N
1 1. REGULAR AGENDA I
7. Code Enforcement Reduction of Fine /Lien for Bank of America & Federal Home Loan
Mortgage Corp. re: 16 Lafayette Street. (Assistant Director of Support Services
Gaines)
This property was cited on May 31, 2012, by Officer Theresa Rodriguez for a broken, cracked window. On
August 28, 2012, the Code Enforcement Board issued an order to comply by September 12, 2012, or be fined
$100.00 per day. On September 25, 2012, the Code Enforcement Board imposed the accruing fine and lien for
non - compliance of 108 -23. Property was found in compliance on November 12, 2012. The property is
currently being maintained.
A legal representative for Federal Home Loan Mortgage Corporation and Bank of America, the owners
following foreclosure proceedings, appeared before the Code Enforcement Board on March 25, 2014, and
requested the fine /lien amount of $6,200.00 be reduced to the city's cost of $700.05. The Code Enforcement
Board is recommending the fine /lien be reduced to $700.05. The decision by the Board to reduce the amount
was based on testimony and answers from the owner's representative and city staff.
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April 15, 2014
Assistant Director of Support Services Gaines gave a brief history of the case with exhibits.
Property was found in compliance on November 12, 2012. The property is currently being
maintained. A legal representative for Federal Horne Loan Mortgage Corporation and Bank of
America, the owners following foreclosure proceedings, appeared before the Code Enforcement
Board on March 25, 2014, and requested the fine /lien amount of $6,200.00 be reduced to the
city's cost of $700.05. The Code Enforcement Board is recommending the fine /lien be reduced
to $700.05. Assistant Director of Support Services Gaines advised that the property has also
been mowed by the City on numerous occasions but that is a special assessment lien that cannot
be reduced so it was not included with the reduction recommendation. Commissioner Johnson
advised that he is familiar with this property and is not in favor of reducing the fine to just
$700.00. He feels it should be more like $1500.00.
Mr. Joseph Doher, with Federal Home loan Mortgage Corporation and Bank of America, gave
his testimony stating that the lien was recorded on November 25, 2012, and his client did riot
acquire the title until December 12, 2013. Commissioner Johnson advised that the violations
were present since 2010 because he personally called the bank to let them know about them. Mr.
Doher advised his client did make the corrections as soon as they were involved.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to reduce
the fine to $1500 to be paid within 30 days or fine reverts back to original fine.
Motion carried 5 -0.
8. Code Enforcement Reduction of Fine /Lien for Altisource Solutions Inc. and OCWEN
Loan Servicing LLC on Behalf of Citibank NA re: 453 Howell Court. (Assistant
Director of Support Services Gaines)
This property was cited on October 19, 2012, by Code Enforcement Officer Edward Loeffler as an emergency
action for conditions constituting a danger to the public health, safety and welfare: unsecured open access to
unsanitary pool and structure with evidence of juvenile presence. On November 27, 2012, the Code
Enforcement Board issued an order to comply by December 7, 2012, or be fined $250.00 per day per violation.
On January 22, 2013, the Code Enforcement Board imposed the accruing fine and lien for non - compliance with
ordinances 108 -35 and 115-3. Non - compliance was re- verified by the city on four occasions with affidavits on
file. The property was observed in compliance on September 30, 2013. The new property owner, Citibank NA.,
obtained the property via foreclosure on October 30, 2013. The property is being regularly maintained.
A legal representative of Citibank NA appeared before the Code Enforcement Board on March 25, 2014, and
requested a reduction of the fine /lien amount of $148,500.00. The Code Enforcement Board is recommending
the fine /hen be reduced to $2,356.11 reflecting the cost incurred by the city and the blighted effect on the
neighborhood. The decision by the Board to reduce the amount was based on testimony from a Citibank NA
representative and city staff.
Assistant Director of Support Services Gaines gave a brief history of the case. The property
was observed in compliance on September 30, 2013. The new property owner, Citibank NA.,
obtained the property via foreclosure on October 30, 2013. The property is being regularly
maintained. A legal representative of Citibank NA appeared before the Code Enforcement Board
on March 25, 2014, and requested a reduction of the fine /lien amount of $148,500.00. The Code
Enforcement Board is recommending the fine /lien be reduced to $2,356.11 reflecting the cost
incurred by the city and the blighted effect on the neighborhood.
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April 15, 2014
Eddie Bean, Property Manager, said the subject property was brought back to real estate owner
on September 3, 2013, and he personally secured the property on September 8, 2013. He further
said preservation work for the property began the following week. A brief explanation was given
on the work that was done to bring pool into compliance. Commissioner Grogan inquired if he
was aware of the $148,500 lien. Mr. Bean explained he only maintains properties. He is not a
buyer for the home.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to reduce
the fine to $2500 to be paid within 30 days or fine reverts back to original fine.
Motion carried 5 -0.
9. Code Enforcement Reduction of Two Fine/Liens for Anthony Faircloth and Heather
Faircloth re: 1408 Wanda Street. (Assistant Director of Support Services Gaines)
The property located at 1408 Wanda Street has two separate fine /liens from separate code enforcement actions,
they are being presented as a single agenda item so the property owner can be provided a single solution.
Case 11 -005:
The property was cited on October 27, 2010, by Officer Carmen Delgado for miscellaneous junk and debris and
an untagged /inoperable van on the property. On February 22, 2011, the Code Enforcement Board issued an
order to comply by March 22, 2011, or be fined $100.00 per day per violation. The Code Enforcement Board
imposed the accruing fine and lien as of March 23, 2011, for non- compliance of 115-3 and 165 -3. The new
property owner, Coughlin Investment Group Inc., purchased the property for $36,600 on October 15, 2011
Coughlin Investment Group Inc. brought the property into compliance on January 9, 2013. The property is now
being maintained.
Case 11 -282:
The property was cited on November 8, 2011, by Officer Theresa Rodriguez for the installation of a canopy on
the left -side backyard without required permits. On January 24, 2012, the Code Enforcement Board issued an
order to comply by February 10, 2012, or be fined $1 00.00 per day per violation. On February 29, 2012, the
Code Enforcement Board imposed the accruing fine and lien for non - compliance of 51 -13. The property was
found to be in compliance of 51 -13 on March 4, 2013. The new property owner, Coughlin Investment Group
Inc., brought the property into compliance on March 4, 2013. The canopy structure was removed.
Coughlin Investment Group Inc., the new property owner, appeared before the Code Enforcement Board on
February 25, 2014, and requested a reduction of the fine /lien amount of $204,600.00 for Case No. 11-005 and
$38,500 for Case No. 11-282. Both liens were foreclosed, but the city's cost remains, as these are special
assessment liens. The Code Enforcement Board recommends the fine /lien be reduced to $1,983.92 for Case 11-
005 and to $1,557.90 for Case 11-282, which is the cost to the City for the enforcement actions. The decision
by the Board to reduce the amount was based on testimony and answers from Jack Coughlin, James Thayer, and
city staff.
Assistant Director of Support Services Gaines explained that for this case the property was
foreclosed on and the City was named. At this point all that can be requested is the City's cost.
The property had been cited for miscellaneous junk and debris, an untagged /inoperable van on
the property, and unpermitted canopy structure. The City's cost is $3541.82.
Jack Coughlin, property owner, advised that as mentioned the property has been foreclosed and
it was there impression that everything would be wiped off. He further mentioned that he
requested a bill of the City's cost which was $100 /per hour of staff time so he is requesting if the
fine could be reduced to S0. Commissioner Johnson said he felt it should be higher than the
$3,500 being requested since they purchased that home for a steal.
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April 15, 2014
James Thayer, representative of the property, explained that the foreclosure should have done
away with the City's lien and additional costs. He asked to hear from the city's legal counsel on
why that did not happen. City Attorney Cookson advised that the City has taken the position
that they cannot enforce the lien up to the fine amount but the City's cost is still recoverable
under the foreclosure action as a special assessment. Further discussion ensued regarding the
foreclosure process. To further explain the special assessment fee due, Assistant Support
Services Director Gaines provided exhibits showing the breakdown of the City's cost which
totaled $3541.82.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to reduce
the fine to the board's recommendation of $3541.82 to be paid within 60 days or
fine reverts back to original amount. Motion carried 5 -0.
After the motion a brief discussion ensued regarding how a buyer is made aware of pending liens
on properties.
10. Approval of Potential Sale of Real Property Owned by the City of Ocoee on S. Bluford
Avenue. (Support Services Director Butler)
The subject parcel is located on South Bluford Avenue just south of Oakwood Plaza (parcel #19-22-28-0000-
00 -080). The project has been the subject of much scrutiny of late because of its unauthorized use by
neighboring businesses. A previous offer in the amount of $10,000 was made for a portion of the property at a
recent City Commission meeting, and the City Commission directed staff to bring back offers that could
realistically be considered fair market offers.
The City of Ocoee has two outstanding offers for the property. One offer is from Satish Somwaru with Help My
Auto LLC in the amount of $70,000 for the entire parcel. The second offer is from Steve Mitchell with RMR
Investors Inc. as Trustee of S. Bluford Land Trust in the amount of $60,000 for a portion of the parcel. This
latter party was the one that made the previous $10,000 offer. City staff recommends the City agree to sell the
property to Mr. Somwaru for the greater of $70,000 or the appraised value, subject to a mutually agreeable
contract and to the City reviewing and accepting the appraisal. A sale to Mr. Somwaru would result in the
development of the entire parcel and contain a business that would add to the City's Community
Redevelopment Area (CRA).
Support Services Director Butler advised this was before the commission at a previous
meeting; he gave a brief history of the property and the current offers that were accepted. He
explained that the after the last commission meeting the two parties did meet (Mr, Satik
Somwaru, owner of Help My Auto, LLC, and Mr. Steve Mitchell, of South Bluford Land Trust),
but cannot come to an agreement unless Mr. Somwaru is able to move forward on the property
and get it appraised and investigate the costs for design of the development. He would need to
accomplish that within the next 60 days. Mr. Butler stated that if the appraisal is accepted by
the City Manager, Mr. Somwaru (Help My Auto, LLC) will be allowed up to 10 days to modify
their initial offer to match or exceed the appraised value.
If Mr. Somwaru (Help My Auto, LLC) amends his offer, staff will bring in back to the
Commission for final action, and satisfy any public notice requirements that may be needed.
Mr. Butler stated Mr. Mitchell has made a $5000 deposit to Treasure Title Insurance Agency,
Inc. and the Commission would need to authorize staff to direct Treasure Title Insurance
Agency, Inc. to return the earnest money to Mr. Mitchell (South Bluford Land Trust) if they are
not going to consider an offer from him at this time. Should the City not sell the property to Mr.
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April 15, 2014
Somwaru for any reason, Mr. Mitchell of South Bluford Land "Trust will be free to submit an
offer at a later date. This will prevent his money from being tied up for months.
Mr. Butler also noted that staff seeks guidance on the use of the property by occupants of
Oakwood Plaza until such time as the property is sold. There have been issues with use of the
property for parking.
Mr. Somwaru said there are too many unknowns to have an understanding of how much of the
property he would be able to share use with the shopping center. He said he will move forward
with an appraisal pending what the commission decides tonight and he agrees to pay more than
his offer should the property appraise higher.
Mr. Steve Mitchell said he has spoken to Mr. Somwaru and City Engineer Wheeler with regard
to a dual access driveway and they will go ahead and wait for the process to be completed.
Commissioner Grogan said he feels it is fair to sell the property to someone who is paying fair
assessed value for the whole property and wants to build a business on it. Commissioner Keller
said he agrees; it would not benefit the city to keep any portion of that property because it would
have no value. Commissioner Wilsen agreed. Commissioner ,Johnson said it sounds as though
there is a consensus to sell to the buyer who wants the entire property; although he would still
like to see a joint venture where the shopping center can use part of it for access. Mr. Butler
noted that the market value of the property, according to the property appraiser, is $105,000 at
this time.
Commissioner Wilsen, seconded by Commissioner Grogan, moved to approve
the sale of the property owned by the City of Ocoee on S. Bluford Avenue per
staff's recommendation to Mr. Somwaru for the greater of $70,000 or the
appraised value, subject to a mutually agreeable contract and to the City
reviewinn and accepting the appraisal, and directing staff to release the $5000
held in escrow at Treasure title back to Mr. Mitchell. Motion carried 5 -0.
There was discussion with Mr. Mitchell from the shopping center that there are parking issues
that need to be complied with.
11. Approval of Change Order No. 5 for Bid No. B13 -03, Community Center Replacement
(Lakeshore Center), which was Awarded to C &D Construction, Inc. (Support Services
Director Butler)
The City Commission awarded Bid No. B13 -03 to C & D Construction, Inc., for replacement of the Community
Center at a total price of S2,1 65,000.00 and modified the project budget to cover the construction contract plus a
5% contingency allowance, bringing the total construction phase budget to $2,273,250. The current contract
price as a result of Change Orders 1 -4 is $2,172,479.83.
The Agreement included a provision for liquidated damages in the amount of $2,000 per day. The final contract
completion date provided in the Agreement was November 1, 2013. The date of substantial completion was
February 4, 2014. Following the city's inspection of the project, the Contractor was provided with a list of
almost 200 items to be addressed as a "punch list" of remaining issues to be resolved for final construction
closeout. Ten of these items represented new construction components that added to the scope of the work.
During the period of working on the punch list, we also experienced issues with the lighting and air
conditioning systems that required additional repairs and resulted in the city returning rental fees to persons
using the facility at times when problems arose. As of this date, the city believes these operational issues have
Regular City Commission
April 15, 2014
been resolved. Almost all of the repair items on the punch list have been addressed by the Contractor; work
remains to be done on some of the additional items, in part due to product delivery lead times.
The Support Services Department recommends that the City Commission approve a change order that requires
no additional city funds in order to accomplish the project revisions. This change order modifies the terms of
the original Agreement by altering the amount levied as liquidated damages to about $775 per day based on the
cost of 31 items listed in the change order. The bulk of these changes are the result of minor corrections to
address issues as they arose during construction. A few items address enhancements to the original project.
Support Services Director Butler advised that they prepared a final change order for the
Lakeshore Center. He summarized the issues that had occurred over the past several months. He
stated that staff recommends that the City Commission approve a change order that requires no
additional city funds in order to accomplish the project revisions. This change order modifies the
terms of the original Agreement by altering the amount levied as liquidated damages to about
$775 per day based on the cost of 31 items listed in the change order. The bulk of these changes
are the result of minor corrections addressed as they arose during construction. A few items
address enhancements to the original project.
Curtis Dean, owner of C & D Construction, stated that he has stayed with the job even though
his company is going to lose money on this project. He said there are many extras added to the
project that had not been included in the original contract. He felt that they handled every issue
that come up and some of the time extensions were not through the fault of his company
although he did not get extra time. He is asking the Commission for mercy and for whatever
break that they can give him.
Discussion and consensus of the Commission was that C & D construction built a great building,
that they stayed with the project when most contractors may have just walked away, and they felt
that the liquidated damages at a cost of $775 per day is still too high because it is way above the
customary costs.
Commissioner Johnson, seconded by Commissioner Grogan, moved to authorize
staff to reduce the liquidated damages from $775 to $500 per day; and authorized
payment up to $40,000 from the contingency fund for the change -order
enhancements; and directed staff to review expenditure cuts and alternate
funding sources to keep the costs down. Motion carried 5 -0.
12. Presentation on Utilities Department Sufficiency of Revenues and Ocoee Water
Resource Strategy; and Seek Approval to Move Forward on Securing Financing of
Phase II State Road 50 Widening and Western Wastewater Transmission
Main/Downtown Sewer Projects. (Utilities Director Smith)
The City of Ocoee Utilities Department maintains a detailed asset management plan that is comprised of 10-
year maintenance programs for lift station, water plants, wastewater plant, equipment and vehicles. The
programs inventories and schedules maintenance /rehabs /replacement. In addition, the department maintains a
10 Year Capital Improvement Program (C.I.P.) and an associated 10 Year Staffing Levels. These plans
forecast expectation levels of expenditure for the next 10 years. Using the plans and historical needs
(personnel, energy, contract service, chemicals, etc.) a detailed expenses profile has been generated.
Using the services of Public Resources Management Group, Inc. (PRMG) a detailed Revenue to Expense
Model was developed. The model broadens to cover not only the expenditure profile, current and future
revenues, existing fund balances, present and future debt service payment, expenditures not covered by plans
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April 15, 2014
above and growth projections to forecast the financial viability of the Utilities Department. The model is
dynamic which is capable of analyzing "what if scenarios ".
The result of the model, reported by PRMG dated May 21, 2013, using the outlined expense above the current
revenues are sufficient for a five (5) year period. The model includes a future debt service payment to cover
financing $10.3 million for the State Road 50 Widening Phase 11 Project and Ocoee West Wastewater
Transmission System Project /Initial Downtown Sanitary Sewer Project. At the end of this discussion, staff will
be seeking authorization to move forward in determining the terms and methods of financing these projects.
Utilities Director Smith made a PowerPoint presentation which updated the Commission on the
Utilities Department's sufficiency of current revenues, seeks consensus to move forward with
financing options for the Phase I1 State Road 50 Widening and Ocoee West Transmission
System projects, and discussed recommendations of an Ocoee Water Resources Strategy.
Henry Thomas from PRMG explained the Revenue Sufficiency study and a new water resource
strategy for the future.
Consensus of the Commission was to have staff bring back other alternatives for water resource
strategy at a later date. Commissioner Johnson said he wanted to be clear that the two items
were not lumped together for approval; that he is only approving the financing for the budgeted
project for State Road 50 Widening Phase 11 Project and Ocoee West Wastewater Transmission
System Project /Initial Downtown Sanitary Sewer Project.
Commissioner Grogan, seconded by Commissioner Wilsen moved to direct staff
to move forward with obtaining terms of financing for the State Road 50 Widening
Phase II Project and Ocoee West Wastewater Transmission System Proiectllnitial
Downtown Sanitary Sewer Project; and to bring back at a later date other
alternatives for water resource strategy. Motion carried 5 -0.
13. Approval to Conduct a Community Market in Conjunction with the Food Truck
Friday Event & Movie in the Park Event. (Parks and Recreation Department Hayes)
The Parks and Recreation Department is requesting authorization to conduct a Community Market in
conjunction with its Food Truck Friday event and Movie in the Park event, on the third Friday of every month.
The purpose of the market it to provide entrepreneurial opportunities to local artists and craftsmen, promote a
greater sense of community by allowing local artist to sell directly to the public, and to encourage and promote
the production of quality, handmade arts and crafts. The focus of the market will be on providing handmade
goods and products for the home; the market will not include the sale of produce or food items.
The Parks and Recreation Department will work with a third party, Create Orlando, to manage the market. The
market manager will be responsible for the planning and promoting of the market, recruiting vendors, handling
all vendor related matters, and day -of coordination. The Parks and Recreation Department and the market
manager will work together to develop the criteria and rules for vendor participation. The City will receive a
percentage (20 %) of the fees that are collected by the market manager from the 10 to 15 vendors participating in
the market. The market manager will be on site for the duration of the event, including set -up and break down
of the vendor area. The market manager will also work to expand the market in the future to include live music,
storytellers, face painters, balloon artist and other activities as part of the event.
The Parks and Recreation Department is recommending that the City Commission approve the Community
Market concept on a three (3) month trial basis, after which time the Parks and Recreation Department will
determine whether to continue with or end the market, with Commission approval.
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Regular City Commission
April 15, 2014
Parks and Recreation Manager Johnson briefly explained that Parks and Recreation
Department is requesting authorization to conduct a Community Market in conjunction with its
Food Truck Friday event and Movie in the Park event, on the third Friday of every month. The
purpose of the market it to provide entrepreneurial opportunities to local artists and craftsmen,
promote a greater sense of community by allowing local artist to sell directly to the public, and to
encourage and promote the production of quality, handmade arts and crafts. The focus of the
market will be on providing handmade goods and products for the home; the market will not
include the sale of produce or food items.
Commissioner Keller, seconded by Commissioner Grogan, moved to approve the
Community Market concept on a three (3) month trial basis. Motion carried 5 -0.
J. STAFF ACTION ITEMS - None
-- _ -_
K. COMMENTS FROM C OMMISSI ON ERS
Commissioner Keller -- reminded residents about the swimming lesson program on Saturday,
May 10th and Ocoee Family Aquatic Facility will open for the 2014 season on Saturday, May
3` Information on the pool hours and admission costs can be found on the city's webpage
www.ocoee.org or by calling the Beech Recreation Center at 407 -905 -3180.
Commissioner Johnson -- commented about a possible Code Enforcement issue at the Oakwood
Plaza. He advised that he wants staff to check out what is going on in there because it is not up to
code. The property in question is the room next door to the current restaurant at the Oakwood
Plaza. The owner from Oakwood Plaza who was in the audience advised that he was told by the
tenant that is being used for storage. He further shared that he has spoken to the tenants. City
Manager Frank advised that he received additional information this evening and the City will
be notifying the Health Department so he does not believe they will be opening. If they do open
then the City will have access and will be there to shut them down. Mayor Vandergrift said
without objection he is asking staff to look into this.
Commissioner Wilsen — 1) commented that she is hoping they are in decision mode with the
Fire Department regarding what was requested by the commission. City Manager Frank
advised they have re- calculated what the Town of Windermere is paying and the Human
Resources Director will be reaching out to the Fire Union so they can move forward. After they
have a Negation Session then he feels it will be appropriate to have an Executive Session. 2) said
by consensus they had decided that they would not be giving away the Ocoee Lakeshore Center
unless it was a City sponsored event. She would like to ask for a consensus regarding having the
Tri- County League of Cities luncheon at the Ocoee Lakeshore Center on Sept. 18 "'. Mayor
Vandergrift announced that without objection the Tri- County Leaque of Cities is
invited to use our Lakeshore Center for their event on September 18th. 3) shared
that she has been working with the new management team at the West Oaks Mall. They are
planning a meet and greet meeting soon and will be asking to have no more than two
representatives from surrounding HOA's since the community room is too small they cannot
have many people in attendance. Flyers will be going out soon with information. Commissioner
Johnson inquired if a report can be brought back to the commission briefing them on what is
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Regular City Commission
April 15, 2014
discussed. Commissioner Wilsen asked the City Clerk if she could have the meeting noticed
since more than one commissioner may be present.
Commissioner Grogan — Reminder that the Parks and Recreation Department will be
sponsoring its Annual Easter Eggstravaganza this weekend Saturday, April 19th at the Jim Beech
Recreation Center from 10:00 a.m. to noon.
Mayor Vandergrift — 1) announced this weekend the Food for Family will be distributing food.
2) This Sunday Morning the Oak Level Baptist Church will be conducting sunrise service at the
gazebo.
ADJOURNMENT
Meeting adjourned at 9:45 p.m.
APPROVED:
Attest: City of Ocoee
Bith Eikenberry, City Clerk S. Scott Vandergrift, Mayor
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