Minutes For:
05/05/2008

District 1
Phil Diamond
Tony Ortiz
Robert F. Stuart
Buddy Dyer
Patty Sheehan
Daisy W. Lynum
Samuel B. Ings
On Monday, May 5, 2008, the Orlando City Council met in regular session in City Council Chambers at City Hall. Mayor Buddy Dyer called the meeting to order at 2:05 P.M. Alana C. Brenner, City Clerk, called the roll and announced that there was a quorum.
Present:

Mayor Buddy Dyer
Commissioner Phil Diamond, District 1
Commissioner Tony Ortiz, District 2
Commissioner Robert F. Stuart, District 3
Commissioner Patty Sheehan, District 4
Commissioner Daisy W. Lynum, District 5
Commissioner Samuel B. Ings, District 6
Alana C. Brenner, City Clerk
Dolores (Dee) Meyer, Assistant City Clerk
Mayanne Downs, City Attorney
Police Officer Tia Pruitt, Sergeant-at-Arms

Invocation: Pastor Sharon Riley, Agape Perfecting Praise Church, 320 S. Ivey Lane, Orl., FL
1. MINUTES
It was moved by Commissioner Robert F. Stuart, seconded by Commissioner Samuel B. Ings, and vote carried that the reading of the minutes be waived for the April 21, 2008 Workshop, Agenda Review and City Council meetings, with minutes approved as written.
2. Awards/Presentations/Recognitions

Click to open the agenda item details 1] M.E.R.I.T.S. Outstanding Employees of the Quarter. The Mayor called on the M.E.R.I.T.S. (My Efforts Result In Total Service) Program Co-Chairs, Frank Billingsley, Director, Economic Development, and Berri Davis, Director, Office of Audit Services and Management Support, who presented background information and introduced the Outstanding Employees as follows: Lorene Johnson, Donny Pittman, Ed Richter, Angelo Roman, Dean McKitrick, Gail Reed, Eli Rodriguez, Connie Royer, Firefighter James Bishop, Fire Lieutenant Doug Driscoll, Fire Engineer Mitch Hamilton, District Chief Dawn Sumter, Sergeant Art Eld, Paul Riordan, Paul Wenzel, Curry Jones, E. J. Jones, Karen Patterson-Clarke, Linda Pereira, and Janice Moffitt. The Mayor presented a Certificate to each award recipient and congratulated them on their accomplishments.

Click to open the agenda item details 2] Adult Literacy League, Inc., Day - May 5, 2008. The Mayor called on Commissioner Samuel B. Ings, District 6, who introduced Joyce Whidden, Executive Director, and Noreen Levitt, Donor Relations representing the Adult Literacy League, Inc. of Orlando, Florida. The Mayor read a Proclamation in celebration of the Adult Literacy League, Inc.'s 40th Anniversary in the City of Orlando, and declaring May 5, 2008, as Adult Literacy League, Inc., Day, and presented the Proclamation to Joyce Whidden and Noreen Levitt.

Click to open the agenda item details 3] Bicycle Month in the City of Orlando - May 2008. The Mayor called on Francis J. Flynn, Transportation Planning Division Manager, who presented a brief summary regarding Orlando Bicycle Month and Get Active Orlando. Get Active Orlando promotes bicycling in Orlando through bike giveaways, education, safety training, and the Parramore Pedal for Pride. The Mayor read a Proclamation declaring the month of May 2008 as Bicycle Month in the City of Orlando. The Mayor presented the Proclamation to Dean Grandin, City Planning Division Manager and additional partners of the Get Active Orlando initiative.

Click to open the agenda item details 4] National Taiwanese American Heritage Week - May 11-18, 2008, in the City of Orlando. Mayor Dyer called on Joe Robinson, Special Assistant to the Mayor, who presented a brief summary stating that Taiwanese-Americans Heritage week will be celebrated nationwide during the week of May 11-18, 2008, and the celebrations will include festivals and ceremonies to recognize the contributions of Taiwanese Americans. The Mayor read a Proclamation declaring the week of May 11-18, 2008, as National Taiwanese American Heritage Week in the City of Orlando.


MAYOR'S UPDATE

Commissioner Tony Ortiz, District 2 - The Mayor welcomed Commissioner Tony Ortiz to his first City Council meeting.

Commuter Rail – Central Florida Commuter Rail is alive and well. Central Florida Commuter Rail represents an historic level of partnership and cooperation between 4 counties, the City of Orlando and our congressional delegation. The Mayor stated that he and U. S. Representative John Mica, attended a press conference earlier today. The project remains critical to the future of Central Florida – and the entire state. Funding is still in place at the local, state and federal levels. The only “piece of the puzzle” outstanding is the liability issue. We have until June of 2009 to accomplish this last piece. Under the new timeline – it appears the completion of the project would be delayed by about 6 months – from October 2010 to April 2011.

This delay will actually benefit the project in the long run. It will be included as a “new start” in the next presidential budget and be a “named” project.
At this point – we have more than a year to deal with the liability issue.

Next steps – assess the situation with our rail partners at our next meeting (this Friday, May 9, 2008). As a group – we will move ahead with strategy to get the final piece of the puzzle in place.

Bottom line – this is still the right project for Central Florida. It’s still the right project for the state. We are committed to seeing Central Florida Commuter Rail become a reality.

Christian Service Center – The Mayor congratulated Commissioner Robert F. Stuart and the Christian Service Center for serving their 3 millionth meal on Friday, May 2, 2008.

Agenda Items of Note:

Venues Community Based Organizations -- On Friday, May 2, 2008, the City moved one step closer to the groundbreaking of the events center, when the last building standing on the site was demolished. Throughout the Venues process, the City has committed to the Blueprint to hire and train residents for construction jobs on the Venues. On today’s agenda is an item for the selection of 4 community-based organizations that will assist the City with direct outreach, engaging the community in the Blueprint process.

Police Training Facility – As part of the Public Safety Initiative, the City committed to ensuring that its officers have all the latest tools, technology and training available to them. On today’s agenda is a contract item for the design/build of the police training facility. This state-of-the-art, multi-use training facility will ensure the City's police officers have the latest and most up-to-date training.

NOTE: NEW BUSINESS # 1 - First Vagabonds Church of God, et al. v. City of Orlando At this point in the meeting the Mayor commented that because the New Business item will take some time to discuss, he suggested that Council go ahead and move the New Business item to last on the Agenda out of courtesy for those who may wish to be heard on the Ordinances and Quasi-Judicial Hearing. Council was in agreement with the Mayor's suggestion to move the New Business item to last on the Agenda.


3. Consent Agenda

It was moved by Commissioner Patty Sheehan, seconded by Commissioner Samuel B. Ings, and vote carried, that the Consent Agenda be approved noting that Commissioner Daisy W. Lynum voted "no" on Item J-3 - Phase 2 Design-Build Contract with Skanska USA Building, Inc., for the Police Training Facility, City of Orlando Project #2949. The remainder of the items were approved as follows.


A] Mayor
Click to open the agenda item details 1] Meeting Minutes -- Mayor Buddy Dyer and Commissioner Patty Sheehan, District 4 - April 9, 2008. Accepted meeting minutes for appropriate filing by the City Clerk , filed and documentary #080505A01;

Click to open the agenda item details 2] Meeting Minutes -- Commissioner Phil Diamond, District 1, and Commissioner Patty Sheehan, District 4 - April 11, 2008. Accepted meeting minutes for appropriate filing by the City Clerk , filed and documentary #080505A02;

Click to open the agenda item details 3] Historic Preservation Board Resignation - Accepted the resignation of Dan Kirby, TE 10/31/09, from the Historic Preservation Board , filed and documentary #080505A03;

Click to open the agenda item details 4] Meeting Minutes - Audit Board - March 28, 2008. Accepted meeting minutes for appropriate filing by the City Clerk , filed and documentary #080505A04;

Click to open the agenda item details 5] Citizen Board Appointments/Reappointments. The following appointments/reappointments were confirmed by City Council , filed and documentary #080505A05;

Appointments

Criminal Nuisance Abatement Board
Augusto Sanabria*, TE 03/31/2010

Menello Museum of American Art Board
Glenn Anderson*, TE 01/31/2010

Affordable Housing Advisory Committee
Taylor Kessel*, TE 03/31/2010
Gary McBride**, TE 03/31/2010

Nominating Board
Elizabeth (Betsy) Culpepper*, TE05/31/2010




Reappointments

Mary Hoftiezer**, TE 05/31/2010
Fidelia Nnadi**, TE 05/31/2010
Desiree Sanchez*, TE 05/31/2010

* City Resident **Non-City Resident


B] Economic Development
Click to open the agenda item details 1] Meeting Minutes - Southeast Town Design Review Committee (SETDRC) - April 10, 2008. Approved the actions taken by the Southeast Town Design Review Committee at its April 10, 2008, meeting, and accepted the meeting minutes for appropriate filing by the City Clerk , filed and documentary #080505B01;

Click to open the agenda item details 2] Minor Subdivision Plat - Staghorn - 4650 Staghorn Drive. Approved the Minor Subdivision Plat, and authorized signature by the Director of Planning and Development, City Engineer, City Surveyor, Mayor/Mayor Pro Tem and City Clerk, subject to satisfactory review by City staff. Minor Subdivision Plat to replat a portion of lot 1 to facilitate a condominium development , filed and documentary #080505B02;

Click to open the agenda item details 3] Arts and Culture Assistance Program Agreement between Kearns Sisters, LLC (dba Seven Sisters Coffee House) - 811 North Mills Avenue. Approved and authorized the Mayor/Mayor Pro Tem and City Clerk to sign the Arts and Culture Assistance Agreement between Kearns Sisters, LLC. and the City of Orlando for a grant of $7,905.26, subject to review and approval by the City Attorney's Office.

Seven Sisters Coffee House (Seven Sisters) is a twenty-seat coffee shop that caters to the local community by offering quality products, services and meeting space. Seven Sisters, Orlando Florida, owned by Kearns Sisters, LLC., is converting a 5,900 square foot space from a florist shop to a community coffee shop and art gallery. Located at 811 North Mills Avenue, this commercial retail space, decorated with artisan style walls and floors will provide a unique gallery environment to display artworks of local artists. Monthly art shows will also promote art sales. Ms. Kearns will make a $30,000 investment in the conversion and renovation of this property from a vacant florist shop to the Seven Sisters Coffee House.

Kearns Sisters, LLC dba Seven Sisters Coffee House requested assistance through the City of Orlando's Arts and Culture Assistance Program. The Arts and Culture Assistance Program (ACAP) is a matching grant program designed to encourage arts and culture-related businesses and organizations to locate, expand or redevelop with the City of Orlando. ACAP assists with transportation impact and sewer benefit fees and commercial permitting fees. The ACAP pays fifty percent of eligible fees. The maximum amount granted under the program guidelines is $20,000. All ACAP applications are required to be forwarded to City Council for approval if the granted amount exceed $1,000.

Total eligible fees for Kearns Sisters, LLC, under the Arts and Culture Assistance Program are $14,810.52. The City will assist with the first $1,000 of the eligible fees, plus fifty percent of the remaining eligible fees of $6,905.26 which totals $7,905.26 , filed and documentary #080505B03;

Click to open the agenda item details 4] Meeting Minutes - Municipal Planning Board - April 15, 2008. Approved the actions taken by the Municipal Planning Board at its April 15, 2008, meeting, and accepted the meeting minutes for appropriate filing by the City Clerk , filed and documentary #080505B04;

Click to open the agenda item details 5] Neighborhood Commercial District Revitalization Program Agreement between Donna's Balanced Meals, Inc.- 63 East Pine Street. Approved and authorized the Mayor/Mayor Pro Tem and City Clerk to sign the Neighborhood Commercial District Revitalization Program Agreement, subject to review and approval by the City Attorney's Office.

Gary and Donna Trojan are the owners of Donna's Balanced Meals, Inc., dba the Breakfast Club of Orlando. The Breakfast Club of Orlando is a family-style restaurant located at 63 East Pine Street, Orlando, Florida. Donna's Balanced Meals has applied for the Neighborhood Commercial District Revitalization Program (NCDRP) to assist them in the design and installation of custom signs to the awning of their restaurant.

The building is located in the heart of Downtown Orlando. Constructed in 1901, this 7,500 square foot structure and the surrounding properties will benefit greatly from the applicants proposed improvements to the exterior of the building.

Donna's Balanced Meals, Inc. has requested assistance through the City of Orlando's Neighborhood Commercial District Revitalization Program. The NCDRP is an interest free deferred loan for facade improvements to new and existing commercial property owners and business owners, located in the City of Orlando. The program which was approved by the City Council on November 13, 2006, provides assistance with costs related to exterior physical improvements in blighted commercial corridors. The NCDRP offers matching loan funds to off-set the costs of design and facade improvement expenses such as painting, wall repair or cleaning; window repair or replacement; awnings; new or replacement signage; lighting; streetscape and door repair or replacement. The applicant must provide at least 20% of the project costs; the City will loan the applicant 80% of approved project expenses. The maximum amount loaned under the program guidelines is $20,000 per applicant.

Total eligible fees for Donna's Balanced Meals, Inc. under the Neighborhood Commercial District Revitalization Program are estimated to be $4,559.17. The NCDRP will pay up to eighty percent of current eligible fees ($3,648.00). The fee breakdown is as follows: Design, fabrication,installation of custom signage and painting of awning $4,560 @ 80% = $3,648 , filed and documentary #080505B05;

Click to open the agenda item details 6] Business Assistance Agreement between East Central Group, LLC (Brix Bistro) - 50 East Central Blvd. Approved and authorized the Mayor/Mayor Pro Tem and City Clerk to sign the Business Assistance Agreement between East Central Group, LLC. and the City of Orlando for a grant of $5,602.80, subject to review and approval by the City Attorney's Office. East Central Group, LLC, owns Brix Bistro, located at 50 East Central Blvd, Suite C, Orlando. Brix Bistro is a European styled bistro in the heart of Downtown. The owners of Brix have decided to expand their operation by increasing the seating from 49 to 150. They will also add seven full-time and two part-time positions.

East Central Group, LLC requested assistance through the City of Orlando's Business Assistance Program. The Business Assistance Program (BAP) is a matching grant program that was approved by the City Council on June 18, 2001, to encourage small businesses to locate, expand or redevelop in the City of Orlando. The Business Assistance Program assists with small-scale infrastructure projects, building permitting fees and impact fees. The BAP pays fifty percent of eligible fees. The maximum amount granted under the program guidelines is $20,000. All BAP applications are required to be forwarded to City Council for approval.

Total eligible fees for the East Central Group, LLC., under the Business Assistance Program are $11,205.60 in Sewer Benefit Impact Fees. Fifty percent of the total eligible fee amount is $5,602.80 , filed and documentary #080505B06;

Click to open the agenda item details 7] Orlando Gateway Billboard Agreement Between City/Gateway Outdoors, LLC/CC Outdoor, Inc. Approved and authorized the Mayor/Mayor Pro Tem and City Clerk to sign the Agreement, subject to review and approval by the City Attorney's Office.

Gateway Outdoors, LLC, "Gateway," owns certain property located in the northwest quadrant of the intersection of State Road 436 and the Beachline, "Property." Gateway proposes to develop the Property as an office/commercial project, "Project." There are currently nine billboards located on the Property and leased to CC outdoor, Inc., "CC Outdoor."

Gateway and CC Outdoor have proposed to permanently reduce the number of billboards on the Property from nine (9) to four (4). The attached Agreement provides for the permanent removal of five (5) of the billboards and the relocation and reconstruction of four (4) of the billboards to designated sites on the Property. Each relocated/reconstructed billboard shall be of steel monopole construction and have no more than two permanent 14 ft. x 48 ft. faces in a fixed, back to back or "V" configuration.

The existing and relocated/reconstructed billboards are located on a 120-acre property known as Orlando Gateway. The property owner intends to develop the Orlando Gateway property as several mullti-family, hotel/motel, and commercial/restaurant sites. The Municipal Planning Board recommended approval of a Master Plan for the overall development on July 17, 2007 and the City Council accepted that recommendation on August 20, 2007. The removal and relocation/reconstruction of the billboards as described in the Agreement, including the designated sites for relocation, is consistent with the Development Plan for the Project as approved by the City , filed and documentary #080505B07;

Click to open the agenda item details 8] Minor Subdivision Plat - Orange & Page - 2309 South Orange Avenue. Approved and authorized signature by the Director of Planning and Development, City Engineer, City Surveyor, Mayor/Mayor Pro Tem and City Clerk, subject to satisfactory review by City staff. Minor Subdivision Plat to replat property for redevelopment , filed and documentary #080505B08;

Click to open the agenda item details 9] Maintenance Agreement between City and Kimzay of Florida, Inc. Approved and authorized the Mayor/Mayor Pro Tem and City Clerk to sign the Maintenance Agreement, subject to review and approval by the City Attorney's Office. Kimzay of Florida, Inc., "Kimzay", is developing certain property in the southwest quadrant of Orange Avenue and Grant Street, known as "SODO Project." A certain portion of landscaping and sidewalk improvements for the SODO Project will be located and maintained within Florida Department of Transportation (FDOT) Right-of-Way. FDOT is requiring that the City enter into a Maintenance Agreement to ensure that the sidewalk and landscaping located on FDOT right-of-way is maintained correctly. As a consequence, the City is requiring Kimzay to enter into a Maintenance Agreement with the City, which provides that Kimzay shall construct the sidewalk and landscaping and shall maintain the landscaping located on FDOT right-of-way and will indemnify the City for any liability arising from the negligence of said construction and maintenance , filed and documentary #080505B09;

Click to open the agenda item details 10] Right-of Way Encroachment Agreement between City of Orlando and B.A. Eola, LLC. Approved and authorized the Mayor/Mayor Pro Tem and City Clerk to sign the Right-of-Way Encroachment Agreement, subject to review and approval by the City Attorney's Office. B.A. Eola, LLC, is developing certain property located at 101 Eola Drive, "Project". In conjunction with construction of the Project, EOLA desires to construct and maintain a drainage structure and a segment of concrete retaining wall, "Improvements", within the street right-of-way of Pine Street, owned and maintained by the City. In order to encroach into the City's right-of-way with the Improvements, B.A. Eola must execute a Right-of-Way Encroachment Agreement which provides the City's consent to the Encroachment, but also provides that B.A. Eola will remove the Improvements within sixty (60) days of the City's Notice, and will indemnify the City for any liability which arises due to B.A. Eola's construction and maintenance of the Improvements , filed and documentary #080505B10;



C] Families, Parks & Recreation
Click to open the agenda item details 1] Meeting Minutes - Families, Parks and Recreation Advisory Board - March 18, 2008. Accepted meeting minutes for appropriate filing by the City Clerk , filed and documentary #080505C01;

Click to open the agenda item details 2] Meeting Minutes - Loch Haven Park Board - January 22, 2008. Accepted meeting minutes for appropriate filing by the City Clerk , filed and documentary #080505C02;

Click to open the agenda item details 3] Grant and Agreement for the Summer Food Service Program for Children. Accepted the Grant of up to $296,679, and authorized the Mayor/Mayor Pro Tem to sign the Agreement. The Summer Food Service Program for Children provides a total of 98,350 lunches and 98,350 afternoon snacks for children at twenty (20) City recreation centers starting on June 9, 2008 and ending August 15, 2008. A list of centers and number of meals to be provided on a daily basis is attached to the agenda item. This is a Federal program sponsored by the State of Florida Department of Education, Food and Nutrition Management (DEFNM) , filed and documentary #080505C03;

Click to open the agenda item details 4] Dubsdread Golf Course Rates and the creation of a Repair & Replacement Account. Approved the rate changes and creation of a Repair & Replacement (R&R) Account. The historic Dubsdread Golf Course is undergoing a comprehensive renovation that will significantly upgrade the quality of the facility. In conjunction with reopening the course, and after a review of fees at other municipal golf courses in Florida, the greens fees and annual membership rates will be revised, according to the rate change document attached. The Director of Families, Parks and Recreation, with approval from the Chief Administrative Officer, is hereby authorized to determine when these rate changes will go into effect, to approximately coincide with the re-opening of the golf course. In addition, $100,000 per year of the new revenues generated by the revised rates will be placed in an R&R account, to enable future replacement of aged golf carts, equipment and other special needs of the golf course , filed and documentary #080505C04;

D] Finance
Click to open the agenda item details 1] DELETED;

Click to open the agenda item details 2] Budget to Actual Financial Summary for period ending March 31, 2008. Accepted for appropriate filing by the City Clerk the Fund Status Report for FY 2007/2008 through the month ending March 31, 2008. (Budget to actual comparison for the General Fund, Enterprise Funds and other operating Funds) , filed and documentary #080505D02;

Click to open the agenda item details 3] Sidewalk Easement Agreement on property located at 844 Kenilworth Terrace between the City and Joaquin and Jennifer Martinez. Approved and authorized the Mayor/Mayor Pro Tem and City Clerk to sign the Sidewalk Easement Agreement, subject to review and approval by the City Attorney's Office. In order to complete the School Safety Sidewalk Initiative in the Park Lake/Highland neighborhood, a sidewalk easement is needed. Joaquin and Jennifer Martinez, owners of 844 Kenilworth Terrace, have agreed to grant and convey to the City a non-exclusive, perpetual easement for the sidewalk at no cost to the City. The easement is situated along the side of their property line on Marks Street , filed and documentary #080505D03;

Click to open the agenda item details 4] Deed for Study Area 17 at McCoy Annex. Approved and accepted transfer of title from the Navy of the land described on the attached Quitclaim Deed. The final deed for transfer of the property shall be substantially in the form attached, which will be recorded in the Orange County Public Records, subject to review and approval by the City Attorney's Office. Pursuant to the Memorandum of Agreement, as amended with the Navy, the City agreed to take title to surplus property at McCoy Annex. Due to groundwater contamination issues, one small piece (Study Area 17) was still being remediated and could not be transferred because a FOST (Finding of Suitability to Transfer) had not been issued. To allow for the early transfer of properties with ongoing remediation issues (much like SA17), Congress provided the authority for the transfer of properties upon issuance of a Finding of Suitability for Early Transfer (FOSET) in lieu of a FOST. A FOSET for SA17 has been issued and approved by the Governor. The Navy will retain liability and responsibility for the remediation of SA17 after transfer , filed and documentary #080505D04;

Click to open the agenda item details 5] Meeting Minutes - Risk Management Committee - February 20, 2008. Accepted meeting minutes for appropriate filing by the City Clerk , filed and documentary #080505D05;

E] Fire
No Agenda Items

F] General Administration
Click to open the agenda item details 1] Purchase from Classic Chevrolet of Four (4) Additional 2008 Chevrolet Impala Police Pursuit Vehicles in accordance with SB08-197. Approved and authorized the Director of Purchasing to increase the award to Classic Chevrolet, of Winter Park, Florida, in the amount of $99,596.00. This item has been reviewed by the M/WBE Office. On January 14, 2008, with the approval of Consent Agenda Item F9, City Council approved the award of a contract for the Purchase of Seventy-four (74) 2008 Chevrolet Impala Police Pursuit Vehicles, from Classic Chevrolet, in the amount of $1,842,526.00 ($24,899.00 each.) The Fleet Management Division and Police Department have requested the purchase of four (4) additional vehicles in accordance with the pricing, terms, conditions, and specifications of referenced solicitation SB08-197. These vehicles will replace four (4) marked patrol vehicles that were totaled in accidents , filed and documentary #080505F01;

Click to open the agenda item details 2] Award of Contracts to KMG Fence, LLC and Mike's Ironworks & Industrial Services, Inc., for the Provision and Installation of Fencing, BI08-2387. Approved and authorized the Director of Purchasing to enter into annual agreements with KMG Fence, LLC, of Apopka, Florida, and Mike's Ironworks & Industrial Services, Inc., of Oviedo, Florida, in the estimated annual amount of $190,000.00, the total for both contracts. This item has been reviewed by the M/WBE Office. The Facilities Management Division evaluated the bids and recommended awards to KMG Fence, LLC and Mike's Ironworks & Industrial Services, Inc., a City-Certified MBE. The Division requires two active contracts to handle the potential workload during times when large amounts of repairs are needed in a timely manner, as was the case during the hurricanes in 2004 and 2005. The bids received were based upon the City's estimated annual requirements for various types of new fencing and repairs and the quantities of each item were estimated for bidding purposes and, therefore, the bids came in higher than the annual budget for this work of $190,000.00. These will be indefinite quantity contracts for a period of one (1) year with the option to renew for four (4) additional one (1) year periods. The actual amount of the contracts will be based upon the quantities ordered for the agreed upon unit prices , filed and documentary #080505F02;

Click to open the agenda item details 3] Purchase from Fisher Safety of Fifty (50) Automatic Electronic Defibrillators (AED's). Approved and authorized the Director of Purchasing to make an award to Fisher Safety, of Suwanee, Georgia, in the amount of $86,700.00 and approve the standardization of the Powerheart AED G3 Plus Defibrillators. This item has been reviewed by the M/WBE Office. The Human Resources Division requested the purchase of fifty (50) Cardiac Science, Powerheart AED G3 Plus Automatic Electronic Defibrillators (AED), from Fisher Safety, in accordance with the terms, and conditions of State of Florida Contract 490-000-07-1. The cost of the AED's is $1,218.00 each ($60,900.00 for 50), Security Enabled Strobe Light Alarmed Wall Cabinets $199.00 each ($9,950.00 for 50), 3D AED Signs $22.00 each ($1,100.00 for 50), and the one-year maintenance contract $295.00 per unit ($14,750.00 for 50), for a total cost of $86,700.00. The Health & Safety Office of the Human Resources Division researched the various AED's available and found that the Cardiac Science AED is the only fully automated AED with voice and text display. The fully automated feature means that the user does not have to determine if a shock is needed and press a button. The AED makes the determination and provides the shock if needed. This a very important feature since these AED's will be located in public buildings for use by untrained personnel. Both the Police and Fire Departments have already purchased this same type of AED and the Health & Safety Office feels it would be beneficial to standardize the use of this item in public facilities throughout the City. These units will be replacing obsolete units currently installed in various City buildings. Risk Management is providing the funding and Facilities Management will install them and oversee the routine maintenance, filed and documentary #080505F03;

Click to open the agenda item details 4] Meeting Minutes - Long Term Disability (LTD) Hearing - March 18, 2008. Accepted meeting minutes for appropriate filing by the City Clerk , filed and documentary #080505F04;

Click to open the agenda item details 5] Service Authorization – Continuing Architecture Service Authorization for Rhodes & Brito Architects, Shakespeare Theater Roof Replacement Design. Approved and authorized the Mayor/Mayor Pro Tem and City Clerk to sign a Service Authorization with Rhodes & Brito Architects, Inc., in the amount of $60,709.77 to provide the design and specifications for roof replacement at the Shakespeare Theater, subject to review and approval by the City Attorney's Office. The Shakespeare Theater upper roof system is over 20 years old, beyond the designed serviceable life. The roof is leaking. The consultant will provide design and specifications for use in competitive bidding to replace the roofing system.The City and Rhodes and Brito Architects (Consultant) have previously entered into an agreement for the Consultant's professional services on October 18, 2006. These services were approved and authorized by City Council , filed and documentary #080505F05;

Click to open the agenda item details 6] Extension of Annual Agreement with Orange County School Board for Bus Transportation Services, BI03-1766. Approved and authorized the Director of Purchasing to sign the Agreement with the Orange County School Board for the period of June 1, 2008 thru May 31, 2009, in an annual estimated amount of $131,000.00. This item has been reviewed by the M/WBE Office. The School Board provides bus transportation on a day trip basis to support various City recreation programs such as youth football, youth field trips, After School All-Stars (before/after school) programs, summer camp field trips, swimming trips and various senior programs. These programs serve several thousand youths and seniors throughout the year. The hourly rate, including a bus and driver, will be $60.00 per hour with a minimum charge of $120.00 for the first two hours or less. This represents a reasonable increase over the current rate (including bus and driver) of $45.00 per hour with a minimum charge of $90.00 for the first two hours or less , filed and documentary #080505F06;

Click to open the agenda item details 7] Amendment to Contract with CDW-Government, Inc., for the Purchase of Computers, RFP07-579. Approved and authorized the Director of Purchasing to amend the Contract with CDW-Government, Inc., for the period January 1, 2008 through December 31, 2008. This item has been reviewed by the M/WBE Office. The existing Agreement for the purchase of Hewlett-Packard computers was awarded to CDW-Government, Inc., by City Council on February 26, 2007, Consent Agenda Item G-19. The contract was extended for an additional year, through December 31, 2008, and approved by City Council on December 17, 2007, Consent Agenda Item F-5. The Technology Management Division, in keeping with the City's Green Initiatives, has identified a new power supply that can provide power efficiency and management improvements relative to the current equipment. This "80 plus" power supply is available for both the HP Convertible Mini Tower and the Small Form Factor PC now being acquired as standard from CDW-Government, Inc. The cost of the new power supply will be $19.00 per unit, which will increase the unit cost of the Small Form Factor from $760.87 to $779.87, and the unit cost of the Convertible Mini Tower will increase from $828.56 to $847.56 (the unit price for the Laptop PC and the Display will remain the same). While there is no true way to determine the actual number of units that will be purchased, Technology Management will not exceed $1,135,000.00 for this contract period as approved by City Council on December 17, 2007, Consent Agenda Item F-5 , filed and documentary #080505F07;

Click to open the agenda item details 8] DELETED;

Click to open the agenda item details 9] Extension of Agreement with RobinsonBush, Inc. for Healthcare and Other Employee Benefits. Approved and authorized the Director of Purchasing to extend the Agreement with RobinsonBush, Inc., in the total estimated annual amount of $75,000.00, for the period of May 11, 2008 through May 10, 2009. This item has been reviewed by the M/WBE Office. The Agreement provides the City with on-going medical plan and group insurance consulting services. This is an indefinite quantity Agreement with fixed hourly rates used by the Human Resources Division. The contract is being extended under the same pricing schedules, terms, and conditions as the original Agreement and this will be the second year of a five (5) year term. The Human Resources Division estimates expenditures in the amount of $75,000.00, during the one year extension period of May 11, 2008 through May 10, 2009 , filed and documentary #080505F09;

Click to open the agenda item details 10] Employment Agreement for After School All Stars President/Chief Executive Officer/Executive Director. Approved and authorized the Mayor/Mayor Pro Tem and City Clerk to sign the Employment Agreement, subject to review and approval by the City Attorney's Office. The City of Orlando has partnered with the Orlando After School All Stars (ASAS), a national program started by Arnold Schwarzenegger, to provide quality before and after school activities and summer camp in middle schools located in the city-limits of Orlando. The President/Chief Executive Officer/Executive Director will be a city employee who manages both the prevention aspects of the program that has been the City's focus, as well as the enhancements that the 501(c)(3) is able to add to the programs. The ASAS Board of Directors unanimously approved the employment contract at its meeting on March 20, 2008 , filed and documentary #080505F10;


Click to open the agenda item details 11] Grant Awards for the Blueprint Workforce Initiative to the following Community Based Organizations: Nehemiah Educational and Economic Development, Inc. (N.E.E.D.S.); Community Service Center of Central Florida, Inc.; Center for Change, Inc. (Resource Solutions); Community and Church Assistance Program. Approved and authorized City staff to negotiate and enter into grant award contracts for the above short listed Community Based Organizations.

In support of the Blueprint Initiative, the City of Orlando sought grant applications on Monday, February 25, 2008, to select Community Based 501c3 Organizations to provide and implement job seeker referral services for the community venue project. The City’s Blueprint, Goal #2, states that the City should develop a local workforce initiative to provide workers for the venues construction. As a part of the implementation of this goal, the City solicited grant applications from Community Based Organizations (CBO’s) with connections to Central Florida’s residents, especially those in the affected geographic areas of the community venues and historically disadvantaged populations, to conduct project advocacy, outreach, recruitment, intake, initial screening and referral of residents interested in improving their economic self-sufficiency through job placement.

Grant applications were received on March 21, 2008, from the following nine (9) CBO’s and evaluated by the Director of General Administration. During this initial proof-of-concept phase, each selected organization will be awarded a grant of $25,000 with a 50% match requirement of cash or in-kind contributions. The grant period expires on October 31, 2008.

APPLICANTS

Harvest for Life – All Florida Job Fairs
Refugio De Amor
Christian Care Counseling Center
Nehemiah Educational and Economic Development, Inc. (N.E.E.D.S.)
Community Service Center of Central Florida, Inc.
Serving this Generation /KTC and Associates
The Center for Urban Leadership and Community Development
Center for Change, Inc.
Community and Church Assistance Program

The following four organizations were short-listed and selected for oral interviews/presentations:

Nehemiah Educational and Economic Development, Inc. (N.E.E.D.S.)
Community Service Center of Central Florida, Inc.
Center for Change, Inc. (Resource Solutions)
Community and Church Assistance Program

The criteria used for determining the oral interview included:

1. The project being coordinated, managed and implemented by a nonprofit organization
2. Maintained a 501c3 designation for a minimum period of one (1) year
3. Have goals which can be accomplished within the grant period
4. Proposed activities and expenditures within the guidelines of what is eligible for funding
5. Completeness of application
6. Applicant’s overall approach to the project implementation.

Based on the information presented in the proposed grant applications and the oral interviews, it is recommended that all four short-listed organizations be funded for the grant period in the amount of $25,000.

Pending the results of this proof of concept phase for Blueprint Workforce Initiative Grant, the City plans on issuing a full Request for Proposal (RFP) in August 2008 , filed and documentary #080505F11;

Click to open the agenda item details 12] Award of Contract to G.A. Food Services, Inc., of St. Petersburg, Florida, for the Summer Food Program 2008, BI08-2397. Approved and authorized the Director of Purchasing to sign the State of Florida Contract and Acceptance Form with G.A. Food Services, Inc., of St. Petersburg, Florida, in the amount of $266,528.50. This item has been reviewed by the M/WBE Office. Sealed bids were solicited to provide a total of 98,350 lunches and 98,350 afternoon snacks for children at twenty (20) City recreation centers starting on June 9, 2008, and ending August 15, 2008. Attached to this agenda item is a list of the centers and number of meals to be provided on a daily basis. This program is a Federal program sponsored by the State of Florida Department of Education, Food and Nutrition Management (DEFNM). The solicitation package was posted on the City's website and broadcast to all registered vendors. Nine (9) vendors requested and received the bid package, but only G.A. Food Services, Inc., submitted a bid. All costs will be reimbursed by the State of Florida, and only State of Florida approved vendors are allowed to participate. G.A. Food Services, Inc., was awarded the City's Summer Food Program contract last year; and the current unit bid prices are only slightly higher than last year -- but lower than the current maximum reimbursement rates allowed by this Federal reimbursement program. Since G.A. Food Services, Inc., also provides meals for the Orange County Summer Food Program, the City is able to benefit by lower pricing from the combined requirements of both the City and County. Mr. Dave Whetstone, Procurement Specialist, (DEFNM), reviewed the bid and recommended award to G.A. Food Services, Inc. Mr. Whetstone indicated that the bid is fair, reasonable and within the dollar amount estimated by the State. The Office of Purchasing concurs with this recommendation , filed and documentary #080505F12;

Click to open the agenda item details 13] Change Order Number Two for Construction Phase Services at the Orlando Police Southeast Patrol Substation Expansion, SB08-030. Approved and authorized the Director of Purchasing to increase the contract award amount in the not-to-exceed amount of $45,692.96. On December 17, 2007, City Council awarded the Expansion of Orlando Police Substation to Ovation Construction Co., Inc. This project consists of expanding the office spaces at Southeast Patrol located at 6207 Pershing Ave. The original project authorization was for $178,200.00 based on the requirements described in the original solicitation. During the course of construction, Ovations Construction was instructed by the City to perform additional work as Change Order #1 in an amount of $15,516.58, which was within the perview of the first authorization. The second change order goes beyond the initial authorization in an amount not-to-exceed $45,692.96. The second change order involves tenant improvements and repairs necessary to occupy the building that were not in the original scope of services. Improvements include: upgraded flooring, converting an interview room into a confinement room, network cabling, repair to exterior walls, and additional building permitting requirements. The renovated facility will house OPD TAC personnel , filed and documentary #080505F13;

G] Housing
No Agenda Items

H] Orlando Venues
Click to open the agenda item details 1] Meeting Minutes - Public Art Advisory Board - March 10, 2008. Accepted meeting minutes for appropriate filing by the City Clerk , filed and documentary #080505H01;

Click to open the agenda item details 2] Meeting Minutes - Harry P. Leu Gardens Board - March 26, 2008. Accepted meeting minutes for appropriate filing by the City Clerk , filed and documentary #080505H02;

Click to open the agenda item details 3] Employment Agreement with Marya Ekon, Venues Projects Specialist. Approved and authorized the Mayor/Mayor Pro Tem and City Clerk to sign the Employment Agreement, subject to review and approval by the City Attorney's Office. The City of Orlando requested employment of Marya C. Ekon, as Venues Project Specialist for the Community Venues, BLUEPRINT program. This position will assist the Special Projects Manager in the successful implementation and accomplishment of the City of Orlando's Local Economic Plan (BLUEPRINT program) for the Community Venues projects. Ms. Ekon has considerable management, monitoring and coordination experience which will prove invaluable in this endeavor. This agreement is for a two-year period, beginning on or about May 5, 2008 and ending May 4, 2010. Assuming satisfactory performance, employment will be extended until the last of the three venues and related improvements are complete, expected in 2012 , filed and documentary #080505H03;


I] Police
Click to open the agenda item details 1] 18A Permits. Approved the following 18A Permits: Permit #08-68, "City of Orlando, District 3 Picnic", Orlando Cultural Park/USDA Park, Saturday, 5/10/08; Permit #08-69, "Mt. Sinai Evangelistic Parade", Mt. Sinai SDA Church, Saturday, 5/10/08; Permit#08-75, "Fl Music Festival/Blue Man Group/Scooters for Hooters", Wall Street Plaza & Court Street, Wednesday - Monday, 5/14-19/08; Permit #08-74, "Orlando Fringe Festival", Loch Haven Park, Thursday - Monday, 5/15-26/08; Permit #08-62, "One Now", Lake Eola Park, Saturday, 5/17/08; Permit #08-63, "Screamers Carnival Block Party", State Lane, Saturday & Sunday, 5/24 - 25/08; Permit #08-72, "2nd Annual Baldwin Park Arts Festival", Baldwin Park Village Center, Saturday, 5/31/08; Permit #08-71, "Reading with Commissioner Samuel B. Ings", Hankins Park, Saturday, 5/31/08; Permit #08-70, "FL Demands Representation Rally", Lake Eola Park, Saturday, 5/31/08; Permit #08-64, "Make 'M Smile", Lake Eola Park & Robinson Street, Saturday, 6/7/08 , filed and documentary #080505I01;


J] Public Works
Click to open the agenda item details 1] License Agreement with Orange County for the installation of an antenna at the Orange County Courthouse to monitor lake levels and rainfall within the City. Approved and authorized the Mayor/Mayor Pro Tem and City Clerk to sign the License Agreement, subject to review and approval by the City Attorney's Office. The City's Stormwater Compliance Program has 17 rain gauges and 69 lake elevation stations placed strategically throughout the City. These stations are designed to monitor rainfall and prevent flooding by immediately alerting City staff when lake elevations rise to a level that is potentially threatening to the health, safety or welfare of our citizens. A downtown antenna is a critical component in relaying the rainfall and lake elevation data from all City stations into a designated City database. Currently, the City's antenna is located on City Hall. However, recent development in the Downtown corridor has prevented signals from being received and retransmitted, thus causing a loss of important data. A new location at the Orange County Courthouse has been tested and has proved to be effective in receiving signals from all of our remote locations. Under the terms of the License Agreement with Orange County, the City will install, maintain and operate the antenna with no fee being charged to the City by Orange County. The City will be responsible for all expenses related to the operation and maintenance of the City's antenna. This agreement provides for an initial term of 25 years, but may be terminated sooner at the request of Orange County, in which case the City shall remove all equipment within 90 days of request by Orange County , filed and documentary #080505J01;

Click to open the agenda item details 2] Amendment VI to the Agreement with Professional Engineering Consultants, Inc. (PEC) for Water Conserv I Reclaimed Water Distribution System Expansion, Service to Baldwin Park, Project No. 2554. Approved the negotiated scope of services and budget, for Amendment VI, in the amount not to exceed $1,150.14, and authorized the Mayor/Mayor Pro Tem and City Clerk to sign Amendment VI to the Agreement with PEC, subject to review and approval by the City Attorney's Office. On April 22, 2002, City Council approved an agreement with Professional Engineering Consultants, Inc. (PEC) for professional services related to the design and construction of an expansion of the Water Conserv I reclaimed water distribution system, extending service to north to Baldwin Park. During the design phase of the project, the Greater Orlando Aviation Authority (GOAA) requested that the easements for the segments of the project that are within the Orlando Executive Airport be defined after construction, based on the actual "as constructed" locations of the reclaimed water mains. Construction of the project is now complete. City staff requested PEC to provide a proposal for preparing legal descriptions and sketches defining the easements located on GOAA properties. PEC responded with a proposal to accomplish these services for a not-to-exceed fee of $1,150.41. Public Works staff has reviewed the proposal and found it to be responsive and appropriate for the scope involved. Due to the limited scope and budget of the project, the use of M/WBE firms is not considered feasible. The M/WBE Office has reviewed the proposal and concurs with waiving these requirements for this amendment, filed and documentary #080505J02;

Click to open the agenda item details 3] Phase 2 Design-Build Contract with Skanska USA Building, Inc. for the Police Training Facility, City of Orlando Project #2949. Approved and authorized the Mayor/Mayor Pro Tem and City Clerk to sign the Agreement with Skanska USA Building, subject to review and approval by the City Attorney's Office. As part of the Public Safety Initiative, the City will be constructing a police training facility for the purpose of teaching and certifying the use of firearms required for officers in the line of duty. The proposed 68,711 square foot facility will be enclosed, air conditioned and serve as a training facility for both handguns and rifles. Site improvements will include parking facilities, lighting, underground utilities, controlled access, perimeter fencing and landscaping. Because of the specialized nature of the facility, staff opted to use the design/build method of delivery for this project. Council approved the staff ranking on February 5, 2007 with Skanska ranked #1 and then approved Phase 1 design services on September 10, 2007. Staff received the 30% design report and negotiated the contract terms with Skanska for Phase 2 design and construction of the facility for $9,530,111.00. This contract will include design completion to construction plans and the actual construction of the facility for a lump sum price. Skanska is committed to meeting the City's M/WBE goals of 18% and 6% for this phase of the project , filed and documentary #080505J03; (Note: Commissioner Daisy W. Lynum voted "no" on this item stating that Skanska does not meet the M/WBE percentage required by the City Code)

K] Transportation
Click to open the agenda item details 1] Landscape Construction and Maintenance Memorandum of Agreement between the City of Orlando and the State of Florida Department of Transportation (FDOT). Approved and authorized the Mayor/Mayor Pro Tem and City Clerk to sign the Landscape Construction and Maintenance Memorandum of Agreement, subject to review and approval by the City Attorney's Office. This Agreement will allow existing sidewalk to be relocated along Orange Avenue and replaced with landscaping, creating a parkway between the roadway and the sidewalk.The City agrees to maintain any of the landscaping and sidewalk within the FDOT right of way. All reconstruction will be done in accordance with the plans attached to the agreement , filed and documentary #080505K01;

Click to open the agenda item details 2] Highway Maintenance Memorandum of Agreement between the City of Orlando and the Florida Department of Transportation (FDOT). Approved and authorized the Mayor/Mayor Pro Tem and City Clerk to sign the Highway Maintenance Memorandum of Agreement, subject to review and approval by the City Attorney's Office. The City has constructed improvements to Conway Road from Hoffner to the Beachline Expressway. In conjunction with operation of the Conway Road Improvements, the City requested that FDOT allow the City's use of a portion of FDOT property for the installation and maintenance of landscaping improvements. FDOT has no objection to the request under the terms of the attached Highway Maintenance Memorandum of Agreement , filed and documentary #080505K02;


L] Other
Click to open the agenda item details 1] Consent to the Fee Owner's Subordination, Non-Disturbance and Attornment Agreement for a sublease by Gregg Appliances, Inc. at Herndon Plaza. Approved the Consent to the Fee Owner's Subordination, Non-Disturbance and Attornment Agreement, and authorized the Mayor/Mayor Pro Tem and City Clerk to sign the Consent. The Greater Orlando Aviation Authority (GOAA) requested the City to consent to a Subordination, Non-Disturbance and Attornment Agreement for the sublease to Gregg Appliances, Inc., of certain property located within Herndon Plaza, adjacent to the Orlando Executive Airport. Pursuant to this agreement, the City consents to allow the Gregg Appliances to continue in its sublease regardless of whether the primary Lessee, Weingarten Herndon Plaza JV, defaults or otherwise terminates the Lease , filed and documentary #080505L01;

Click to open the agenda item details 2] Amendment to Stipulated Settlement Agreement, the Amendment to Declaration and Dedication of Avigation Easement, and the Release of Restrictions, which relate to development at Lake Nona and at the Greater Orlando Aviation Authority (GOAA). Approved and authorized the Mayor/Mayor Pro Tem and City Clerk to sign the Amendment to Stipulated Settlement Agreement, the Amendment to Declaration and Dedication of Avigation Easement, and the Release of Restrictions, subject to review and approval by the City Attorney's Office. These documents will effectuate certain revisions to the land development programs at and between Lake Nona and the Greater Orlando Aviation Authority (GOAA). The Stipulated Settlement Agreement releases GOAA from its obligation to allow Lake Nona to relocate gopher tortoises onto GOAA property and obligates GOAA to attempt to transfer certain wetland mitigation credits from GOAA property to Lake Nona property. Also, by this agreement, Lake Nona agrees not to seek further residential development upon certain properties close to the Orlando International Airport. Lastly, the agreement acknowledges that GOAA property was removed from the Lake Nona DRI and incorporated into the Orlando International Airport DRI. The Amendment to Declaration and Dedication of Avigation Easement acknowledges the currently approved Master Plan for Lake Nona. The Amendment further acknowledges that all property subject to the Declaration has been annexed into the City. The Release of Restrictions releases deed restrictions which prohibit residential uses within certain areas of Lake Nona , filed and documentary #080505L02;

Click to open the agenda item details 3] Grant offered by the Federal Aviation Authority to the Greater Orlando Aviation Authority (GOAA) - Construction of Runway 17L/35R and its associated Taxiways at Orlando International Airport. Accepted and approved the Grant Agreement, and authorized the Mayor/Mayor Pro Tem and City Clerk to sign the Grant Agreement, subject to review and approval by the City Attorney's Office. GOAA requested that the City accept a Grant Agreement from the U.S. Department of Transportation, Federal Aviation Administration (FAA), in the amount of $4,260,855.00 on behalf of GOAA. This grant money shall be used for construction of Runway 17L/35R and its associated taxiways at Orlando International Airport. The Grant Agreement is subject to certain contractual obligations upon the City as set forth in Title 49 of the United States Code, including the prohibition on use of the property for other than aviation purposes and a prohibition on revenue diversion , filed and documentary #080505L03;



4. Community Redevelopment Agency (CRA)
No Agenda Items


5. New Business/Hearings
No Agenda Items

(Per Council's approval, New Business Item #1 was moved to the end of the Council Agenda)

6. New Business
Click to open the agenda item details 1] First Vagabonds Church of God, et al. v. City of Orlando - (At approximately 3:00 p.m. or as soon thereafter as the regular business of the City Council is concluded) - Attorney-client session regarding First Vagabonds Church of God, et al. v. City of Orlando, a case pending in the U.S. District Court for the Middle District of Florida, CASE NO. 6:06-cv-1583-ORL-31KRS. In attendance will be Mayor Buddy Dyer, Commissioner Philip Diamond, Commissioner Tony Ortiz, Commissioner Robert F. Stuart, Commissioner Patty Sheehan, Commissioner Daisy W. Lynum, Commissioner Samuel B. Ings, City Attorney Mayanne Downs, Deputy City Attorney Jody Litchford, Assistant City Attorney Martha Lee Lombardy and CAO Byron Brooks, filed and documentary #080505601;



7. Hearings
No Agenda Items


8. Hearings/Emergency Ordinances
No Agenda Items


9. Hearings/Ordinances/1st Read
No Agenda Items


10. Hearings/Ordinances/2nd Read
No Agenda Items

11. Ordinances/1st Read
Click to open the agenda item details 1] City Clerk, Alana C. Brenner, presented AN ORDINANCE AMENDING THE BOUNDARIES OF THE COMMUNITY DEVELOPMENT DISTRICT KNOWN AS THE GREENEWAY IMPROVEMENT DISTRICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. It was moved by Commissioner Phil Diamond, seconded by Commissioner Robert F. Stuart, and vote carried that the Ordinance be approved on 1st reading. The Ordinance passed unanimously. No one appeared in opposition.

Click to open the agenda item details 2] City Clerk, Alana C. Brenner, presented AN ORDINANCE AMENDING THE BOUNDARIES OF THE COMMUNITY DEVELOPMENT DISTRICT KNOWN AS THE BOGGY CREEK IMPROVEMENT DISTRICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. It was moved by Commissioner Phil Diamond, seconded by Commissioner Daisy W. Lynum, and vote carried that the Ordinance be approved on 1st reading. The Ordinance passed unanimously. No one appeared in opposition.

12. Ordinances/2nd Read
No Agenda Items
13. Quasi-Judicial
Click to open the agenda item details 1] Recommended Order of the Hearing Officer in Quasi-Judicial Case #2007-011- Conditional Use Permit for operation of the Tarmac America Concrete Batching Facility at 420-430 West Grant Street - Municipal Planning Board Minutes - November 20, 2007 - CUP 2007-00017. The Mayor called on Dean Grandin, Division Manager, City Planning, who presented background information on this item. On November 20, 2007, the Municipal Planning Board (MPB) approved a Conditional Use Permit (CUP) sought by Tarmac America, LLC, for operation of a concrete batching facility to be located at 420-430 West Grant Street. This approval was subject to numerous conditions regarding the design and operation of the facility, as described in the staff report. A neighbor of the property, C&S Press, Inc., timely filed an appeal of this CUP. Both Tarmac and C&S were represented by legal counsel during the proceedings and filed all necessary pleadings. A hearing was held on February 22, 2008, regarding this appeal. During that hearing, both parties presented expert testimony and other evidence into the record. Subsequent to this hearing, the Hearing Officer issued the Recommended Order. Per this Order, the Hearing Officer expressed agreement with the MPB that the subject CUP, with conditions, should be issued to Tarmac. No exceptions to this Order were filed by C&S. It was moved by Commissioner Patty Sheehan, seconded by Commissioner Daisy W. Lynum, and vote carried to approve the Hearing Officer's Recommended Order that the subject Conditional Use Permit, with conditions, be issued to Tarmac. No exceptions to this Order were filed by C&S. The Recommended Order was approved by a unanimous vote of Council. No one appeared in opposition, filed and documentary #0805051301;

14. Appeals
No Agenda Items

15. Unfinished Business
No Agenda Items

16. General Appearances
No Agenda Items

The following appeared before Council:
No General Appearances

*******************************************************
(Approx. 3:22 p.m.)

NEW BUSINESS # 1 - First Vagabonds Church of God, et al. v. City of Orlando

The Mayor called on City Attorney, Mayanne Downs, at her request. Mayanne Downs stated that she was seeking advice concerning matters in litigation, specifically First Vagabonds v. City of Orlando, a case pending in the U. S. District Court for the Middle District of Florida. The City Attorney requested that City Council, certain attorneys involved in the case, and the Chief Administrative Officer meet with her in private so that she can receive advice about this litigation.

The Mayor stated that an attorney-client session would be held in the Mayor’s Cabinet Room and it was estimated that this session would last about one hour. Present would be the Mayor, the members of the City Council, City Attorney, Mayanne Downs, Deputy City Attorney, Jody Litchford, Assistant City Attorney, Lee Lombardy and Chief Administrative Officer, Byron Brooks. The City Clerk remained in Council Chambers. Everyone would return at the conclusion of the attorney-client meeting.

The Mayor stated that this concludes the regular business of the City Council. The Mayor thanked all of the viewers at home. (The public broadcast ended at this point).

The Mayor then stated that out of courtesy to members of the public who may be in attendance at this Council meeting to make a General Appearance, Council would go ahead and hear those members of the public at this time so that they would not have to wait for the conclusion of the attorney-client session to be heard.

There were no General Appearances.

(Approx. 3:24 p.m.) At this point, the Mayor, the members of the City Council, City Attorney, Mayanne Downs, Deputy City Attorney, Jody Litchford, Assistant City Attorney, Lee Lombardy and Chief Administrative Officer, Byron Brooks left Council Chambers and proceeded to the Mayor's Cabinet Room.

(Approx. 4:42 p.m.) All those present at the attorney-client session returned to Council Chambers and the Mayor adjourned the May 5, 2008, City Council meeting.

PENDING
No Items

ADJOURNMENT
There being no further business to come before Council, Mayor Buddy Dyer declared the meeting adjourned at 4:42 p.m.




____________________________________
Buddy Dyer, Mayor




____________________________________
Alana C. Brenner, City Clerk





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