07-01-14 AgendaRevised
OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
July 1, 2014 AGENDA 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
B. PRESENTATIONS AND PROCLAMATIONS
Proclamation — Parks and Recreation Month — July 2014. (Mayor Vandergrift)
Presentation Regarding Cystic Fibrosis Event at Lake Meadow Natural Farm on
October 25 — Lisa Murphy, Executive Director of Cystic Fibrosis Foundation
Central Florida
C. COMMENTS FROM CITIZENS/PUBLIC
D. STAFF REPORTS AND AGENDA REVIEW
E. COMMISSIONERS ANNOUNCEMENTS
F. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE
ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS
DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL
INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM
WILL BE CONSIDERED SEPARATELY.
1. Approval of Minutes for the Regular Commission Meeting Held June 17, 2014.
(City Clerk Eikenberry)
2. Appointment to the Citizen Advisory Council for Ocoee Fire Department. (City
Clerk Eikenberry)
Members of the Citizen Advisory Council for Ocoee Fire Department serve three -year terms. The
Resolution creating the Board allows no more than fifteen (15) members. The board currently has five
(5) members. One application was recently submitted by Mr. Robert Carbone; therefore staff
recommends the City Commission consider appointing Robert Carbone to the Citizen Advisory
Council for Ocoee Fire Department with a term ending November 1, 2017.
3. Appointment to the Human Relations Diversity Board. (City Clerk Eikenberry)
Members of the Human Relations Diversity Board serve three -year terms. Currently the Human
Relations Diversity Board has ten (10) members and their resolution allows no less than seven (7)
members and no more than thirteen (13) members. We do currently have one application on file from
Sujeily Ruiz with an interest in serving on the board. Staff is recommending that the City Commission
appoint Ms. Ruiz to the Human Relations Diversity Board with term ending May 2017.
Regular City Commission
July 1, 2014
4. Approval of Two -Year Warranty Surety and Maintenance, Materials, and
Workmanship Escrow Agreement with October Holdings, LLC for Fountains at
Tivoli Place — Phase 1. (City Engineer Wheeler)
October Holdings, LLC constructed the first phase of the Fountains at Tivoli Place commercial
development at the same time they were building the Primrose School Daycare on lot 1 of the
development. They have completed construction of the infrastructure improvements and the building
and have requested a Certificate of Completion. The site infrastructure includes water and sanitary
sewer improvements to be dedicated to the City as well as the stormwater collection system, access
road, parking lot, and perimeter wall for the first phase of the commercial development. All identified
punch list items have been completed and the developer is ready to start the two -year warranty period.
As a requirement of the Land Development Code, the developer is required to furnish the City a surety
to cover any possible damages discovered during the next two years, should the developer not choose
to make those repairs. October Holdings, LLC has provided the City with a check in the amount of
10% of the constructed improvements that are being dedicated to the City by Bill of Sales. The
Maintenance, Materials, and Workmanship Escrow Agreement (Form 8 from the Land Development
Code) will act as the executable document between the developer and the City in the event that the
surety is monetary. The surety will be returned to the developer upon completion of the two -year
warranty period and the repair of any damages caused over that two year period.
5. Funding Approval for the Extension of a Contract with BeatCreative Marketing
LLC. (Parks and Recreation Director Hayes)
On May 6, 2014, the City Commission approved the extension of a contract with BeatCreative
Marketing LLC for an additional four month period of time to provide marketing, promotional
assistance and website assistance for the Lakeshore Center. At that time it was believed there were
sufficient funds remaining in the original contract to cover the four month extension of that contract,
and therefore, no additional funds were recommended or approved. The work associated under the
original contract and the first two months of the extended contract period has now reached the full
level of funding for the original contracted period, which was $13,000. Therefore, in order for the City
to continue utilizing the services of BeatCreative Marketing LLC they will need approval of additional
funding to complete the remaining two months of the extended contract period.
The amount required to fully fund the remaining two months of the contract extension totals $2,800.
The original contract was approved by the City Commission on August 20, 2013, along with the
approved funding source for the contract, which was the contingency fund. At this time there are no
additional funds available in the contingency fund, therefore, the Parks and Recreation Department is
seeking approval to transfer $2,800 from the Recreation Account No. 001 - 572 -00 -1200 to cover the
costs for the remaining two months of the contract.
6. Approval for Separate Surplus Auction of PBX Telephone Equipment. (Support
Services Director Butler)
As previously approved by the City Commission, the City will change to utilize a voice over Internet
protocol, or VoIP, telephone system from CenturyLink and will no longer need the Nortel Meridian
private branch exchange (PBX) equipment that was purchased and installed in 1999. The City will
receive all new network and telephone handset equipment as part of this change in telephone system
operation. The switching function will be provided by CenturyLink facilities.
Northern Telecom, the company that made the PBX equipment, is no longer in business and this line
of equipment is no longer manufactured; 2013 was the last year for software support. It is precisely
because this widely used product is no longer being manufactured that a strong market exists for the
surplus sale of PBX equipment for parts /repair. Staff anticipates that a better price for the PBX
equipment can be acquired through the specialized PBX used equipment market than through the city's
normal local surplus equipment auction. The PBX will remain in use until the new phone system is
installed, which will likely be in September; however, the surplus PBX auction should occur in July
since advanced sales are the norm in the PBX market so brokers can place the equipment with new
owner(s) prior to removal from the seller's facilities. It may also be advantageous to the city to sell its
related surplus telephone handsets and network switches through the secondary market.
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Regular City Commission
July 1, 2014
7. Approval of Third Amendment to the Interlocal Agreement Regarding Coca -
Cola Property and the Third Amendment to Declaration of Conditions of
Approval (Ocoee Crown Point PUD). (City Engineer Wheeler)
The School Board of Orange County, Florida (School Board) entered into that certain Interlocal
Agreement regarding Coca -Cola Property dated June 13, 2000, with the City of Ocoee, as amended by
the First Amendment and Second Amendment thereto (Interlocal Agreement).
The School Board and Ocoee also entered into a Declaration of Conditions of Approval, dated
September 16, 2003, as amended by the First Amendment and Second Amendment thereto
(Declaration) to govern the permitting related to the acquisition and development of the land
contemplated by the Interlocal Agreement.
Subject to the terms in the Third Amendment to the Interlocal Agreement contemplated herein, the
School Board would pay to Ocoee the lesser of: i.) 50% of the actual costs paid by Ocoee in
connection with necessary revisions to the Army Corp of Engineers Permit; or ii.) SEVEN
THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($7,500.00). Subject to the terms in the
Third Amendment to the Declaration contemplated herein, the owner of a tract of land adjacent to the
Bus Facility Site would have the right to impact the Bus Facility Site for water drainage, so long as the
School Board would have the right to utilize any surplus Uniform Mitigation Assessment Method
Credits resulting from the July 2011 pen modification granted by the SJRWMD Permit No. 4 -095-
83494 -1.
The Elementary School Site is planned to be surrounded by a master planned residential community.
Because, the school site will be transferred prior to a completed development plan, OCPS is agreeing
to adjust the property boundary so long as the gross acreage remains the same and acceptable access is
provided. OCPS will have ninety (90) days to review any request to adjust the boundary.
The Third Amendment to the Interlocal Agreement and Third Amendment to the Declaration has been
reviewed by City and School Board legal staffs.
8. Sponsorship of "Business After Hours" at Ocoee Lakeshore Center. (City
Manager Frank)
The West Orange Chamber of Commerce has requested the use of the Ocoee Community Lakeshore
Center for a "Business After Hours" (BAH) event on October 16, 2014. The city approved sponsoring
a BAH in 2013 at the community center, however the building was not completed on time and the
event was held elsewhere.
G. PUBLIC HEARINGS
9. Spring Lake Reserve PUD — Preliminary /Final Subdivision Plan. (Advertised in the
Orlando Sentinel on Thursday, June 19, 2014). (Principal Planner Fabre)
The Spring Lake Reserve Preliminary /Final Subdivision Plan (PSP /FSP) is a residential subdivision
that proposes a total of 79 single- family detached residential lots with a requested net density of 4.52
units per acre. It should be noted that the PUD was approved for 99 lots; therefore, the net density and
overall development impact is less than what was anticipated in the PUD Land Use Plan. The PSP/FSP
is proposed to have a neo- traditional neighborhood design concept similar to The Villages of
Wesmere. These include on- street parallel parking, park muse, reduced setback requirements and
residential lots with rear loading alleys. The subdivision is proposed to be gated with the residential
streets and alleyways been owned and maintained by the homeowners association. The minimum
residential lot standards are (24) 50 feet by 110 feet and (55) 40 feet by 78 feet. This residential
development is proposed to be constructed in one (1) phase.
10. Iglesia Cristiana Sendero De Luz — Special Exception. (Advertised in the West Orange
Times on Thursday, June 19, 2014). (City Planner Rumer)
The subject property received an approved site plan (First Spanish Assembly of God) in 2002. The
master plan included three phases. Phase one included a sanctuary, associated parking, and stormwater
improvements. Phase two includes a future sanctuary addition and classroom space. Phase three
provided for additional parking. The application for Special Exception is to amend the existing church
master plan. The church obtained three portables for additional classroom space. Per the special
exception plan, the applicant is requesting to phase the development.
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Regular City Commission
July 1, 2014
11. 19 Joint Planning Area Agreement Amendment. (Advertised in the West Orange Times
on Thursday, June 19, 2014. This item is being postponed indefinitely. It will be re- advertised, posted
and notices sent out when it is rescheduled). (City Planner Rumer)
12. Acceptance of an Offer to Buy City -owned Property on South Bluford Avenue.
(Advertised in the Orlando Sentinel on Sunday, June 22, 2014). (Support Services Director
Butler)
At its April 15, 2014, meeting, the City Commission accepted an initial offer from Mr. Satish
Somwaru of Help My Auto, LLC, subject to certain terms and conditions, to purchase city property
located on South Bluford Avenue. Mr. Somwaru's interest in the property was for construction of a
high -end automotive repair facility. Among the imposed conditions are: (1) delivery of an appraisal of
the property acceptable to the City; and (2) subsequent revision of the offered purchase price to meet
or exceed the appraised value. Mr. Somwaru had 60 days fiom the date of the City Commission
meeting, or until June 16, 2014, to provide the appraisal; this due date was subsequently extended by
the City Commission. Once the appraisal was provided to the City, Mr. Somwaru then had 10 days to
modify his offer to be at least as much as the appraised value. Alternatively, he could withdraw his
offer.
Mr. Somwaru provided the appraisal, which showed a market value of $121,000, whereupon he
modified his purchase price to $121,000. Closing details have not been proposed.
H. REGULAR AGENDA -None
I. STAFF ACTION ITEMS
J. COMMENTS FROM COMMISSIONERS
ADJOURNMENT
PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTES 286.0105: ANY PERSON WHO DESIRES TO
APPEAL ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
ALSO, IN ACCORDANCE WITH FLORIDA STATUTE 286.26: PERSONS WITH DISABILITIES NEEDING
ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE
CITY CLERK, 150 N. LAKESHORE DRIVE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE OF THE
MEETING.
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