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HomeMy WebLinkAbout08-21-07 Minutes MINUTES OCOEE CITY COMMISSION August 21 2007 at 7:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of Commissioner Anderson Boy Scout Steven Harrison City Hall. gave the Invocation and led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Anderson (arrived at 7:30pm), Mayor Vandergrift, Commissioner Keller, and Commissioner Johnson. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry B. PRESENTATIONS AND PROCLAMATIONS Proclamation - The First Days of School Celebration – August 20, 2007. (Mayor Vandergrift) Promotions in the Police Department – Chief Reffett Brad Dreasher , promoted to Lieutenant Tom Maroney , promoted to Sergeant Brian Satterlee , promoted to Sergeant Christine Zornan , promoted to Sergeant Mayor Vandergrift added that Central Florida is experiencing a crime increase, but our Police Department quickly solved five of the six serious crimes that we have had. He said that should make us feel proud and safe and send a message to criminals not to do the crime in Ocoee unless you are ready to do the time. Boy Scout Troop #198, Mayor introduced Boy Scout Troop #198 and Scout Master Ed Roberts who are attending the meeting to help earn their citizenship badge. C. COMMENTS FROM CITIZENS/PUBLIC Commissioner Johnson said two citizens are here to discuss the Foote property, Mr. Powers and Dana Hopkins; they have concerns about the changes in the development on that property. Dana Hopkins, 414 S. Cumberland Avenue said they have heard rumors that what has been platted is going to be changed. He is hearing that the second lot will be three feet higher that his Mayor Vandergrift lot and the home will face the back of his property. asked who he was Mr. Hopkins hearing this from. said he heard it from the builders and from Commissioner Johnson. He said he doesn’t understand why the property owner, Mr. Foote, is responsible for paying for the road when it should have been done when the City built the fire department. The drainage is supposed to go under the road and then the road would be paved with the three houses facing the fire department. If those houses are going to be three feet higher, he does not City Commission Regular August 21, 2007 want them changed to face the back of his house because that is an invasion of his privacy. Commissioner Hood asked if those homes are really going to be three feet higher than the Commissioner Johnson existing homes. the two housed that have been built recently are already that way. He added that he advised the neighbors that no changes have been made yet, and any changes they propose would have to come back before the Commission. He said the City abandoned the 60 foot right of way between Mr. Hopkins house and the Foote property. We kept 30 feet as an easement, the Foote property got 30 feet. Mayor Vandergrift said they need to get all the facts, not rumors, and make a decision at the public hearing. Prior to the hearing, that road is supposed to be paved all the way down to Kissimmee. We are not going to be able to make a decision tonight. Commissioner Anderson , the city paved Columbus even though they hadn't planned to. Commissioner Johnson , city was trying to help alleviate the cost to the three little homes. City Attorney Rosenthal said he recalls that we gave them an easement for joint retention with the fire department retention pond. Mayor Vandergrift advised that City Attorney Rosenthal has informed him that this will not be a public hearing when it comes back, they will have to stay informed by their Commissioner. Mr. Powers said he would like to discuss the drainage with the engineer and Mayor Vandergrift said that he can meet with Engineer Wheeler in his office. He said he was wondering why this Commissioner Johnson came about; they have spent two years trying to get this done. said it is Mayor Vandergrift because the city forced them to pave that road. said that it is part of the original agreement to get the four pieces of property that was made some time ago, if they are asking for us to reconsider that, we can do that when the case comes back up. James Fleming , 511 Orange Avenue, 1) Parks and Recreation Board did not have a quorum, but they did discuss that they would be in charge of making the City a Tree City, 2) Update on the Veteran’s Memorial; paperwork is being delayed by the Department of Defense to get names; he wants more names for the memorial and asked anyone who knows a veteran who died in WWII or any other war to please call him at 407-656-3838 and leave your name and number. 3) said the he sent another letter to the School Board with regard to the ADA requirements at local schools. D. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood 1) Friday at 5:00 p.m. Ocoee Knights are playing at Oakridge, and West Orange is playing Evans at 7:00 p.m. Commissioner Anderson – none Commissioner Keller – thanked Roberto Diaz for the nice letter addressing his concerns about the volleyball courts. Commissioner Johnson -said that it is time to consider getting the Ocoee High School Athletic Banner for rotation among the various sports seasons throughout the year. He had the brochure with him. Commissioner Johnson, seconded by Commissioner Hood, moved to purchase an athletic banner for use throughout all sports seasons, in the amount of $600, to be taken from the commission Contingency fund. Motion carried 5-0. Page 2 of 8 City Commission Regular August 21, 2007 I E. CONSENT AGENDA 1. Approval and Acceptance of the Regular City Commission Minutes of August 7, 2007. (City Clerk Eikenberry) Approved on Consent. Motion Carried 5-0 2. Approval of Sensus FlexNet Water/Reclaim Metering System. (Ut~lities Director Smith) The FlexNet Meter Reading System provides a "one button" processing of meter reading data from every compatible meter within the coverage area. The meter data will be updated five times a day with hourly values. Based on the hourly data provided by this system, leaks and high consumption intervals can be determined and specific meter usage can be reviewed. Approved on Consent. Motion Carried 5-0 3. Approval of Villages ofWesmere Townhomes - Request to Phase Construction of Amenities. (Senior Planner Howell) On March 22, 2006, the City Commission approved a Final Subdivision Plan for the Villages of Wesmere Townhomes. In accordance with Section 6-15 of the Land Development Code, the PreliminarylFinal Subdivision Plan approval required the completion of several required on-site amenities concurrent with the completion of the construction of infrastructure for the subdivision. Recently, staff received a request from the developer to phase construction of several of the required on-site amenities allowing deferment of the completion of the tennis court, and playground prior to or concurrent with the issuance of the 50th Certificate of Occupancy in the subdivision; and allowing deferment of the completion of the pool area and clubhouse prior to issuance of the looth Certificate of Occupancy in the subdivision. Approved on Consent. Motion Carried 5-0 4. Approval of Villages ofWesmere Plat. (City Engineer Wheeler) This plat is for Villages ofWesmere which is a 97.34 acre development consisting ofa 14.10 acre commercial parcel and a 13.5 acre public school parcel. The site also consists of 125 residential townhomes and 2 undeveloped tracts for future residential development. The two undeveloped tracts will be replatted during each tract's development. The project is located south of the Turnpike on the east side of Maguire Road and includes the extension ofTomyn Boulevard. Pulled from Consent AQenda and Voted on Separatelv City Attorney Rosenthal advised there is an additional condition to add to the recommended approval that the approval is subject to and conditioned upon the applicant providing a Revised Declaration of Covenants, Conditions and Restrictions for Wesmere Townhomes Association that approves a condition acceptable to City Staff regarding the maintenance of sewer lateral located on individual townhome lots. Commissioner Anderson, seconded bv Commissioner Keller moved to approve the Plat based on staff recommendations and conditions. Motion carried 5-0. 5. Approval of Street Closure for Special Event - Forest Oaks Su..bdivision Block Party. (Building Official Jones) In order to temporarily close a public street, the approval of the Honorable Mayor and City Commission is required. Mr. Gary Heley of Forest Oaks Subdivision has made application to the City for a Special Events Permit for a Block Party that would require the temporary closing of a City owned street. The event will be held on September 3rd 2007. The street to be closed is Rich Drive. Approved on Consent. Motion Carried 5-0 Page 3 of8 City Commission Regular August 21, 2007 Approval of Transfer of Funds from Wastewater Contingency to Wastewater 6. Contractual Services. (Utilities Director Smith) On July 17, 2007, a contract was executed between the City of Ocoee and Shelley’s Environmental System to remove and process the Wastewater Treatment Plant’s class “C” residuals to a class “B” stabilized product and to relieve the City of any and all liability under Chapter 403, F.S., Chapter 62-640 F.A.C, Title 40 C.F.R., Parts 257 and 503 regulations pertaining to the removal and stabilizing of residual solids. The cost to remove and stabilize the residuals rose from $28.87 to $38.65 per wet ton and was effective beginning February 2007. Currently, it costs the City approximately $7800.00 per month for this service. The large increase of approximately $10.00 per ton was not anticipated nor was it budgeted for in the 2006/2007. As a result, the Wastewater Contractual Services account has been nearly depleted as of August 1, 2007. Approved on Consent . Motion Carried 5-0 F. PUBLIC HEARINGS - None G. REGULAR AGENDA Approval of West End Professional Park – Amendment to Final Subdivision Plan. 7. (Principal Planner Fabre) This Amended Preliminary/Final Subdivision Plan modifies that previously approved plan. This subdivision plan proposes to reduce the number of lots from 14 to 13. The original Lot 14 was sold for water abatement and additional right-of-way to the Florida Turnpike Authority. As shown in the Amended Preliminary/Final Subdivision Plan, the West End Professional Park will have four access points, all from Old Winter Garden Road. Lot 1 will be limited to a right-in/right-out only access point. As shown on the plans, there is an existing short roadway (Brushy Creek Ct. proposed to be renamed to Bluford Ct.) that ends at a cul-de-sac. This roadway will provide access for lots 2 thru 5. Lot 6 will have a full access point on Old Winter Garden Road. This access point previously ended on a cul-de-sac. This plan proposes to omit the cul-de-sac and the lots reconfigured into one lot (Lot 6). There is also a proposed roadway (approximately 1,400 feet) which will end in a cul-de-sac. This roadway will provide access for lots 7 thru 13. A 10-foot wide Landscape Buffer was added to meet current City Code standards along all sides and rear property lines as well as along the retention pond and adjoining Turnpike. All common area landscape buffers will be provided by the Developer and maintained by a POA. Commissioner Anderson, seconded by Commissioner Johnson moved to approve the amendment to the Final Preliminary/Subdivision Plan. No vote was taken at this time due to subsequent discussion. Commissioner Hood asked if this s hould this go back to Planning and Zoning. Commissioner Keller said when he was on the Planning and Zoning Board they didn’t feel they needed to know about the smaller changes, but larger changes should go back before the board or at least the Board should be informed of them. Commissioner Hood, said he felt that the original approval was in 2001, they should look at it again. Mayor Vandergrift , asked if there were time constraints. Charlie True , MacIntosh Associates, representing Heller Brothers, advised they entered into an agreement in 2001 with City to assist with the right of way, in order to 4-lane Old Winter Garden Road. It was that agreement where they came up with this plan. The only thing that has changed is the cul-de-sac along the turnpike that was used to serve the lot that the turnpike has since purchased, has been shortened by 300 ft. The lots are the same size except the lot on the frontage that used to have a cul-de-sac in it was changed from Page 4 of 8 City Commission Regular August 21, 2007 four lots to one lot in order to build a larger quality product. The cul-de-sac that is Russian Court used to be 6 lots and now it is 4, and the old original lot is a two acre lot. The only thing that changed is one cul-de-sac was shortened because of turnpike purchase and another cul-de-sac that cut into small lots was eliminated to expand to one large lot. Everything else is exactly as it was agreed upon in 2001. Mayor Vandergrift advised he thinks the commission should approve this and either Commissioner Anderson or Keller can get with the Planning and Zoning Board to see if they have any issues. Mayor Vandergrift asked about the timeline. Mr. True said they are trying to move forward; if you look back you will see that Heller Bros agreed to postpone their project until Old Winter Garden Road was completed, then they have would have 18 months to complete. That would be next April or May. They need to proceed with development to meet the requirements of the original agreement with the City. Commissioner Johnson said he thinks we should notify the Planning and Zoning Board in the form of a letter to let them know about the changes that were approved tonight. After the discussion, a vote was taken on the motion. Motion carried 5-0. Consensus of the commission was to write a letter to the Planning and Zoning Board advising them of the changes that were approved. Approval of Parks and Recreation Department Proposed Fees for Parks, Recreation 8. Facilities, and Recreation Programs. (Parks and Recreation Director Hayes) The City of Ocoee provides a comprehensive system of parks and recreation facilities for the community to enjoy. In addition to this the City also provides a variety of recreational activities and opportunities in connection with the park and recreation system through offering passive recreational opportunities, supervised recreational activities, organized youth and adult sports, and special events. The Parks and Recreation Department coordinates and conducts many of these activities and programs, and also works to coordinate many other programs with local youth sport associations. In order to provide these programs, services and opportunities the Parks and Recreation Department has established a fee structure for the participation in recreational programs and the use of parks and recreational facilities. In prior years many of the fees for participating in programs and the use of facilities have not been formally adopted; rather the fees were established by the Parks and Recreation Department and then implemented. The Parks and Recreation Department is proposing to establish formal procedures for developing and implementing fees for recreation programs and use of parks and facilities. The Parks and Recreation Department is submitting for approval a fee schedule for participation in recreational programs conducted by the department and for the use of parks and recreational facilities. Parks and Recreation Director Hayes introduced the item and said that historically many of the fees have been created without specific documentation. He advised that City Manager Frank directed him to create a resolution setting the fees for Parks and Recreation programs and facilities. Commissioner Anderson said he does not feel the Parks and Recreation Advisory Board had the opportunity to review it and offer their opinion. Parks and Recreation Director Hayes said they were going to discuss it at the last meeting but there was no quorum present to make decisions. Page 5 of 8 City Commission Regular August 21, 2007 James Fleming said the he was at the meeting and although there was no quorum, it appeared the members who were present did not have any issues with the fee schedule, as written. Commissioner HoodMr. asked on the after school/before school, is that for residents only? Hayes advised yes. Commissioner Johnson suggested they go ahead and pass the resolution and when the Parks and Recreation Board has a quorum again they can review it and suggest changes. There was discussion about the problems with getting a quorum to attend the Parks and City Attorney Rosenthal Recreation board Meetings. read the section of the Charter stating that members can be automatically dismissed if they miss two consecutive meetings without an authorized absence. Commissioner Anderson said he thinks if this item is listed on the Parks and Recreation City Manager Frank Advisory Board’s agenda, they will have a quorum. added that it would help to have this resolution in place for budget projections. Rosemary Wilsen , said she does not mind if it passes tonight as long as the Parks and Recreation Board has the opportunity to comment on it. She said as far as the Board not having a quorum, she feels the quorum requirement should be changed or they should consider meeting every other month. Commissioner Keller, seconded by Commissioner Hood, moved to adopt Resolution No. 2007-006, approving Proposed Fees for Parks, Recreation Facilities, and Recreation Programs with the condition that the Parks and Recreation Board will review and make recommendations. Commissioner Anderson advised that he would like to see the HOA’s exempt from this resolution until it can be reconsidered because they have to meet monthly and they do not have City Manager Frank the fire department to go to anymore. said we can exempt them until the Commissioner Keller said he would add that process with the resolution is completed. to his motion and Commissioner Hood seconded it. Commissioner Keller, seconded by Commissioner Hood, moved to adopt Resolution No. 2007-006, approving Proposed Fees for Parks, Recreation Facilities, and Recreation Programs with the condition that the Parks and Recreation Board will review and make recommendations, and making the HOA’s exempt from this resolution until the review and amendments are completed. Motion carried 4-0, with Mayor Vandergrift out of the room. RESOLUTION NO. 2007-006 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA RELATING TO PARKS AND RECREATION; ESTABLISHING A SCHEDULE OF FEES AND CHARGES FOR THE USE OF PARKS AND RECREATION FACILITIES, RECREATION PROGRAMS, AND SWIMMING POOL; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Page 6 of 8 City Commission Regular August 21, 2007 H. STAFF REPORTS none I. COMMENTS FROM COMMISSIONERS Commissioner Hood 1) asked if the walkway where the kids walk to Spring Lake Elementary has been cleanup up. Public Works Director Krug said that it had been and the limbs have been cleaned up so bikes can pass through as well. Commissioner Hood asked that if be kept on a week, perhaps on Mondays. 2) said the retention pond on Marlene is owned by the HOA and has been modified so that they can maintain it easer, but there have been issues with them keeping it Public Works Director Krug maintained. said that a notice will be sent to them to remind them. The Mayor added that he called Public Works Director Krug regarding the weeds on the sidewalk and the staff took care of it in one day. 3) asked Human Resources Director Carnicella Human Resources Director Carnicella if they have talked to employees about insurance issue. said he did not talk to them formally, but did not think he was directed to do so. Employees have Mayor Vandergrift not asked any questions over the last few weeks. said it is a compliment to employees that they understand the struggle. Human Resources Director Carnicella said we still have a decision to make regarding the insurance, and we may have other options coming their way, than the two presented. City Manager Frank -said we may have freed up a few dollars and we may be able to offer a Commissioner Anderson few options. asked if anything other than what they have seen will be City Manager Frank offered to us. said there is a fully funded Blue Cross Blue Shield plan that Mayor Vandergrift we may be offering as an option. said the Commission wants to be sure the employees are made fully aware of the options they will be looking at. Commissioner Hood asked if we could put information on a sheet of paper and distribute to Mayor Vandergrift employees. said that would be too difficult to explain on paper, it would be better to hold a mini workshop. He said it should be set up the first week of September before . Consensus of the Commission was to hold a workshop the two public hearings start the first week of September regarding the insurance issues and to invite all of the employees to attend. Commissioner Anderson had no comments. Commissioner Johnson, asked Assistant City Manager Croteau about the Code Enforcement meeting that was supposed to occur to discuss problems in Pioneer Key and other locations. Assistant City Manager Croteau said that they are trying to coordinate a staff committee with Commissioner Johnson Police, Fire, and Code Enforcement. said that it has been delayed for a Commissioner Hood while and he will be checking back in two weeks. said they did a sweep in his area and they wrote numerous citations. Commissioner Keller 1) congratulation all of the members of the Police Department who have received promotions this year. They are all well deserved. Page 7 of 8 City Commission Regular August 21, 2007 Commissioner Johnson said that they all received the email regarding the shortage in the education reimbursement, and thinks we should go ahead and authorize staff to move it from the Consensus of the Commission was to authorize the transfer of contingency fund. $10,000 from the contingency fund to cover educational reimbursements for the City. Mayor Vandergrift said that representatives from Lake Wales and Pembroke Pines came to speak to the community regarding Charter Schools and only charge the City for mileage. He would like for the City to donate $200 to each City for their foundations. Mayor Vandergrift, seconded by Commissioner Anderson, moved to approve $200 grants for the City of Pembroke Pines and the City of Lake Wales for their foundations. Motion carried 5-0. ADJOURNMENT The meeting adjourned at 8:46 p.m. APPROVED: Attest: City of Ocoee ____________________________ _____________________________ Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Deleted: ¶ ¶ ¶ Page 8 of 8