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HomeMy WebLinkAboutItem #01 Minutes for 12/04/07 MINUTES OCOEE CITY COMMISSION December 4 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 KellerCommissioner Anderson City Hall. gave the Invocation and led the . City Clerk Eikenberry Pledge of Allegiance to the Flagcalled roll and declared a quorum present. Roll Call: Commissioner Hood (absent), Commissioner Anderson, Mayor Vandergrift, Commissioner Keller, and Commissioner Johnson. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry B.PRESENTATIONS AND PROCLAMATIONS Presentation of a Check to the Ocoee Police Department Toys for Tots program by the Lions Club; Cathy Sills, President. Cathy Sills , President of the Lions Club, along with members David Wheeler and Tom Hendrix presented a check to Chief Reffett in the amount of $1,061.00, consisting of a $500 donation and $561 in proceeds from the Christmas parade entry fees. Ms. Sills said they would like to present the awards from the Christmas parade before the Regular Commission Meeting on December 18. 2007. Commissioner Anderson asked Ms. Sills to inform the residents about the grant that was made Ms. Sills by the Hartell Bowness Foundation. said that Tom Hendrix, a member of the Foundation, presented the Lions Club with $25,000 grant of which they are going to set up a scholarship fund at Ocoee High School. They will do this on an annual basis from now on. Chief Reffett thanked the Lions Club for their donation. He also asked the public to contact the police department if there is anyone wishing to help wrap all of the Toys for Tots gifts that have been collected. Item #11, Update on Water Conservation Report , was moved up on the agenda and heard during presentations. Presentation by Diana Wagner. Diana Wagner gave a PowerPoint presentation summarizing our water conservation efforts, and describing incentive plans being done in other cities. Utilities Director Smith said he would like direction from the Commission if they should Mayor establish goals for incentive programs to be brought back during the budget process. Vandergrift said that is what they would expect them to do. Mayor VandergriftUtilities Director asked if they are still moving toward the Tree City. Smith said they have been giving away free trees at their seminar to create awareness and they are joining forces with Parks and Recreation for Arbor Day to take that to another level. Mayor Vandergrift asked him to send press releases to him for the Gazette when he is having seminars Utilities Director Smith because it goes out to 5200 people. said they will get a schedule out by the end of the week. C.COMMENTS FROM CITIZENS/PUBLIC none City Commission Regular December 4, 2007 D.COMMISSIONERS ANNOUNCEMENTS Commissioner Keller 1) said the Beech Center has registration in progress for 5 on 5 Basketball, get a flier in the lobby or contact Parks and Recreation for further information. 2) said the law suit for Residents vs. Orange County School Board in the move of students to Wekiva High School has ended after three days. He thanked Joanne Ziess for heading up the group of residents, he thanked all of the residents who donated money from all over the City even though it was mostly district 4 that were affected; also thanked those who stuck their neck out, especially the Fishers, because Ms. Fisher works for the School District. He also thanked Jim Gustino, the attorney, who took heat for decisions that were made but did the best job they could have asked for. Lastly, he thanked Mayor Vandergrift, for all of the personal help he him in getting through this process. He said he was first person there with money, pushed for loan, etc., and helped everyone. Mayor also had to take all the flack for everything. He loves this city . Mayor Vandergrift and these kids and does not have a racist bone in his body thanked the Commission and everyone who supported this law suit and said any leftover money will probably go to the Evans fight. Commissioner Johnson said Operation Santa will be going around the City of Ocoee th neighborhoods on December 10, 12, 17, 18, and 20. Visit the Operation Santa link on the Ocoee website for information on your subdivision dates, times, and routes, or contact 407-905- 3140 at the Ocoee Fire Department. Commissioner Anderson, 1) thanked Commissioner Keller and Mayor Vandergrift for their remarkable work on the Wekiva transfer issue. 2) mentioned the new paramedic truck in the parking lot and asked for an update on the ALS program. City Manager Frank said we are still shooting for being up and running by January 1, 2008; at this time 8 paramedics have been certified. Chief Firstner added that we are waiting for our application and inspection with the State is completed, and we are hoping that will be done by January 1, 2008. Commissioner Johnson asked about the pay grade change for paramedics and if the Commission would get some input into that since it did not come up at budget time. City Manager Frank said we will be working with the bargaining committees and we feel our pay will be comparable with other agencies in the tri-county area. The amendments to the contract will be brought back to the Commission for approval, 3) said Lions Club final Turkey Shoot will be on Saturday, December 8, 2007, beginning at 8:30 a.m. at the West Orange Girls Soccer Field. Commissioner Hood thanked the Lions Club for the great job they did with the Christmas Parade. Mayor Vandergrift 1) attended a conference at Disney World on Charter Schools. He learned there is a group in the state of Florida that is a clearing house for information on Charter Schools. He said the Ocoee School Advisory Board last night voted for the Commission to move forward with the next step in working toward Charter Schools. E.CONSENT AGENDA Approval and Acceptance of the Regular City Commission Minutes of November 20, 1. 2007. (City Clerk Eikenberry). Approved on Consent. Motion carried 5-0. Page 2 of 14 City Commission Regular December 4, 2007 Approval to Award Bid #B08-03 Automotive Parts Term Contract to Glenn Joiner & 2. Son, Inc. in the Amount of Approximately $150,000.00 Annually. (Purchasing Agent Tolbert) The City of Ocoee requested sealed bids from automotive parts suppliers of OEM or factory equivalent parts for City fleet vehicles. The term contract will be for three (3) years with two (2) one (1) year automatic renewal options. Staff recommends awarding the bid to Glenn Joiner & Son Inc. as the most responsive and responsible bidder and to use General Parts Inc. – Carquest as an alternate for parts that may be unavailable. Both bidders are located in Winter Garden, Florida. The total not-to-exceed amount requested for approval is approximately $150,000.00 annually, and is adequately funded in the Various Vehicle Parts and Repairs Accounts #4605. Approved on Consent. Motion carried 5-0. Approval to Award Bid #B08-04 Central Park Phase II Improvements to Southern 3. Building Services, Inc. in the Amount of $269,600.00. (Purchasing Agent Tolbert) The City of Ocoee, Florida, in conformance with the policies and procedures of the City of Ocoee (City) solicited bids from qualified contractors to construct improvements at Central Park. These improvements are intended to reconstruct spectator and dugout facilities at Minor Field and spectator areas on the south end of the football field. A separate contract, which is expected to begin construction on November 19, has already been issued for similar improvements at the baseball field concession stand and Major Field, and to install a fence along the southern Park boundary. The second project covered by this Invitation to Bid (ITB) will continue the earlier work. The overall intent of the project activities at Minor Field is to demolish the existing multi-level concrete walkways and platforms, retaining walls, stairways, and backstop so that spectator areas may be reconstructed at a single level approximately one foot above the field's playing surface in anticipation of installation of new bleachers, backstop, and dugouts by others. At the south end of the football field, the work consists of replacing a field-access stairway and providing an enlarged customer platform at the concession stand. This ITB also includes removing the Major Field dugouts; raising the Major Field and Minor Field dugout floors by 4 inches; and making other preparations for the full build-out of the facility. The amount budgeted for this project is $300,000.00 from the Parks and Recreation Capital Expenditure account 001-572- 10-6204. Item pulled from the agenda to be heard at a future meeting. City Attorney Rosenthal advised there was a bid protest and a decision has not yet been rendered on the protest; bid award should not be made until that issue is resolved. Reject All Proposals for RFP #07-002 Integrated Records Management Information 4. System for Public Administration and Public Safety. (Purchasing Agent Tolbert) Vendors were invited to provide a written response for a comprehensive, fully integrated, Public Sector Information System serving, Finance, HR, Utility Management, Public Works, Recreation, Police, Fire (Emergency Operations Center), Engineering, City Clerk and Community Development. The RFP states the overall scope of products and services desired, specific software functionality, technology foundation as well as desired vendor qualifications. After presentations from the top-ranked firm, New World Systems, and review of the City’s current financial obligations, Staff recommends rejecting all proposals and researching a more economically feasible solution. The complete system with maintenance was estimated to cost the City $368,000 annually if leased for five years or a total of approximately $1.84 million dollars. The public safety portion was estimated to be $686,200.00. The City will research different systems at other government agencies and make a decision whether to re-bid or piggyback another government contract for the public safety portion. Approved on Consent. Motion carried 5-0. Approval of Amendment to Resolution 2007-006 Regarding Fees for the Use of Parks 5. and Recreation Facilities, Recreation Programs, and Swimming Pool. (Parks and Recreation Director Hayes) The City Commission at its meeting on November 6, 2007 reviewed the recommendations of the Park and Recreation Advisory Board regarding fees for the use of parks, recreation facilities, recreation programs, and Page 3 of 14 City Commission Regular December 4, 2007 swimming pool. The Commission further instructed staff to include the following recommendations in the fee schedule: an exemption from the fee for Homeowner Associations for the use of a meeting room, a one time annual non-resident fee for adult recreation leagues, and a one time annual non-resident fee for youth sport leagues. City Attorney Rosenthal read the title of the resolution. Approved on Consent. Motion carried 5-0. Approval of Cattle Grazing Agreement with Glen Rodgers. (Assistant City Manager 6. Croteau) The City was approached by Glen Rodgers regarding the possibility of leasing a portion of the Rogers Property on Ocoee-Apopka Road for cattle grazing. Glen Rodgers and his family have approximately 12 acres of property that abuts the City’s parcel and lies between the City’s parcel and Ocoee-Apopka Road. The City property is slated to be a public park. Approved on Consent. Motion carried 5-0. Cancellation of January 1, 2008, City Commission Meeting due to City Hall being 7. closed on New Year’s Day. (City Clerk Eikenberry) Approved on Consent. Motion carried 5-0. Consent Agenda Vote Commissioner Anderson, seconded by Commissioner Keller, moved to approve Consent Agenda Items 1, 2, 4, 5, 6, and 7, as presented. Item #3 has been pulled. Motion carried 5-0. F.PUBLIC HEARINGS Freeman Commerce Park- Preliminary Site Plan. 8. (Advertised in the Orlando Sentinel Orange (Principal Planner Fabre) Extra on Thursday, November 22, 2007). The subject site is approximately 11.2 acres in size and is located on the west side of Ocoee-Apopka Road approximately 1,300 feet north of Palm Drive. The site itself is currently undeveloped and sparsely covered with a mixture of pine trees, oak trees and other varieties of trees scattered around the property. It should also be mentioned, that some scattered pieces of equipment, vehicles and containers are currently on site. Accordingly, all these items will be removed from the property when it is developed. Additionally, there was a single-family residence on the property that was demolished some time ago. Principal Planner Fabre gave a PowerPoint presentation summarizing the Site Plan. He advised the DRC voted to approve with some conditions added, Planning and Zoning approved with the same conditions, and staff now recommends approval with those conditions incorporated into the report that is presented here tonight. Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the Public Hearing was closed. Commissioner Johnson asked about a turn lane. Mr. Fabre described the turn lanes being proposed, but the final engineering will be presented with the Final Site Plan. Commissioner Anderson asked about width of sidewalks. Mr. Fabre said they are 5 feet wide. Commissioner Johnson, seconded by Commissioner Hood, moved to approve the Preliminary Site Plan for Freeman Commerce Park per staff recommendations. Motion carried 5-0. Page 4 of 14 City Commission Regular December 4, 2007 Fire Assessment Fee. (Assistant City Manager Croteau) 9. a.Resolution of Intent to Use the Uniform Method of Collecting Non Advalorem Assessments. ththrd (Advertised in the Orlando Sentinel Classified Legal on Friday, November 9, 16, 23, and th 30 2007). City Attorney Rosenthal . read the title of the Resolution Assistant City Manager Croteau said there are two items before the Commission tonight, the Resolution of Intent to use the Uniform Method of Collecting Non Advalorem Assessments which is a Public Hearing, and the second is the first reading of the Ordinance Imposing the Fire Assessment Fee. She advised we hired GSG to look into the feasibility of implementing the fee in Ocoee. On November 4, 2007 GSG gave a presentation to the Commission should the assessment at 100% at a cost of $142 per dwelling unit, with a sq. footage rate for Commercial and Industrial. They also reviewed the assessment at 50%, which would be $71 per residential unit. Commissioner Johnson said he would rather not fund it at the full amount the first year. The only reason he is agreeing to this assessment is because of the way they have been forced by the state to cut the budget. Assistant City Manager Croteau said the Commission is not actually setting the rate tonight, and it can be set at any percent that the Commission wishes, the examples showed it being funded at 100% and 50% of what is allowed to be funded. City Manager Frank said the EMS and ALS portions of fire department budget cannot be part of the assessment. Jason Bucholtz, Government Services Group , clarified that Fire Assessments are an annual decision and annual rates have to be adopted each year. The only caveat is that you cannot set the rate higher than what you advertise. Assistant City Manager Croteau said fees will be decided when we adopt the preliminary and final fee resolutions. The Commission also has the option of implementing it this year, in which case we would have to send out a separate bill to collect. The other option is to adopt the Resolution of Intent and the Ordinance, but not implementing it until the next tax bill, making it effective with the 2008/2009 tax bill. Commissioner HoodMs. asked about the fees and if there are commercial monies tied to this. Croteau referred to an attachment in the agenda item which shows at 100% of the assessable budget, the estimated revenue is just over $3,000,000. With these figures, there was an exemption included for non-profit and governmental organizations. The commercial, industrial, and institutional assessments are based on square footage. Institutional would be schools, hospitals, etc. The commission can choose to provide the exemption for institutional and non profits and the revenue has been estimated with those groups already exempted. Jason Bucholtz said the Commission has the option to exclude non-profit institutional properties, employ tax exempt building uses on tax exempt parcels. City Attorney Rosenthal said in Section 77-6 of the ordinance, it provides that this decision of exempting occurs during the adoption of the rate resolutions. Properties exempt from the payment of advalorem taxes may be determined to be exempt from the fire assessment fee. Assistant City Manager Croteau said we need three questions answered tonight: Should we implement the Fire Service Fee? At what level should we set the assessment for the fee resolutions? Page 5 of 14 City Commission Regular December 4, 2007 What year will we implement the assessment; this year by separate billing or wait until next year and place it on the tax roll. Mayor Vandergrift asked if they could continue the Public Hearing for further discussion. Assistant City Manager Croteau said the Resolution of Intent would have to be adopted tonight due to the timeline, but that does not impose the Fire Assessment Fee. City Attorney Rosenthal said the Resolution could be adopted tonight which would allow the fee to be placed on the tax bill, and if no ordinance is adopted approving the implementation of the Fee the resolution would be ineffective. Assistant City Manager Croteau said the fee resolutions would come back after the ordinance is adopted, which may not be brought back until April if the Commission decides to wait until the 2008/2009 tax bill to implement the fee. Jason Bucholtz advised that the Resolution of Intent is a non-binding resolution that only serves to give you the option of using the tax bill to collect if you decide to move forward with the assessment. It is a legal loophole that has to be addressed prior to December 31, 2007, in order to move forward. Mayor Vandergrift opened the Public Hearing. City Attorney Rosenthal reminded everyone that this Public Hearing is only concerning the use of the Uniform Method of Collection (the tax bill) to collect the fees should the City decide to move forward with the assessment. Mr. Monacky, 1820 Prairie Lake Blvd. asked for clarification on why we needed to impose Commissioner Anderson this fee. explained that we lost approximately 1.8 million in revenue because of the new laws placed in effect at the state level and we are trying to get a portion of that lost revenue back. He added that we have been looking into implementing a Fire Service Fee for a few years, but this year it became more urgent. Sheila Grammar , 503 Spring Lake, asked about how the formula for will work business. Commissioner Hood said the square footage rate will require them to pay the bulk of City Manager Frank assessment. said the assessment is done in such a way that it takes the cost of the Fire Service, and apportions it among the users, and commercial users would pay much more because it costs more to provide their services. Commissioner Johnson asked if this can be done with Police Service. Jason Bucholtz said according to case law, there is no clear benefit shown to property from Police Protection, and Special Assessments have to provide a benefit to property. Mayor Vandergrift closed the Public Hearing. Commissioner Anderson said he would like the Commission to consider the full amount, because we are considering a bond issue later in the year, and he feels that collection three million dollars each year on the Fire Assessment and did not do the bond, we could pay for projects as we go, and not leave a debt behind that will need to be paid by our children’s’ Assistant City Manager Croteau children. said the only item before you at this time is the Resolution of Intent. Mayor Vandergrift, seconded by Commissioner Johnson, moved to adopt Resolution No. 2007-009, Resolution of Intent to Use the Uniform Method of Collecting Non Advalorem Assessments, as recommended by staff. Motion carried 5-0. The resolution as adopted carries the following caption: Page 6 of 14 City Commission Regular December 4, 2007 RESOLUTION NO. 2007-009 A RESOLUTION OF CITY OF OCOEE, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE CITY OF OCOEE; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. b.First Reading of Ordinance Imposing the Fire Assessment Fee - Not a Public Hearing . (Second Reading and Public Hearing will be held on December 18, 2007, at 7:15 p.m. or as soon thereafter as may be heard). City Attorney Rosenthal read the title of the ordinance on first reading Mayor Vandergrift announced that the Second Reading and Public Hearing will be held on December 18, 2007, at 7:15 p.m. or as soon thereafter as may be heard. City Manager Croteau asked for direction on whether the Commission would like to implement the assessment this year and mail a bill to residents which would be due in March 2008, or we can wait until the tax bill in 2008/2009. Staff recommends waiting until next year. Commissioner Johnson said he is not in favor of setting any date. Commissioner Keller said the date can be set, but we could implement it at zero dollars if we want do, which would make it ineffective. Mayor Vandergrift, seconded by Commissioner Hood, moved to direct staff to move forward with the implementation of the Fire Assessment Fee that would take place next year and be billed on the 2008/2009 tax bill. Vote taken after the discussion. Commissioner Anderson said he does not want to agree to this unless we agree not to do any bond issues this year. Commissioner Johnson saidwe should not tie this decision with bond issues. He is not in favor of putting the Fire Fee in until next year. Mayor Vandergrift stated that bonding is no different for a City than what individuals do by taking a mortgage to own a home. Most cities carry bonds because it is the only way to fund large projects. VOTE: After the discussion, motion carried 5-0. SECOND READING OF ORDINANCE Approval of Amendment to Ordinance 96-20 allowing an Early Retirement Incentive 10. Window Under the City of Ocoee Municipal Police Officers’ & Firefighters’ Retirement Trust Fund for Employees with at Least 15 Years of Credited Service and a Combined Age Plus Years of Credited Service Equals at Least 65 Years. (Advertised in the Orlando (Human Resources Director Carnicella) Sentinel Legal Classified on Sunday, November 25, 2007). The Police & Fire Pension Board has approved an Early Retirement Incentive Window for employees with at least 15 years of service and whose age plus years of service is at least 65. This would provide employees an opportunity to retire now without an age penalty (below age 55). Page 7 of 14 City Commission Regular December 4, 2007 Human Resources Director Carnicella explained that the Police and Fire Pension Board reviewed the possibility of an early retirement plan similar to what the General Employees did earlier this year. The actuary came up with a method of how employees would qualify, and six employees qualified under the terms of the Early Retirement. He stated at this time only one of the six employees have opted to take advantage of this benefit. There is a deadline imposed where the other five qualified people can still opt to take the early retirement and the actuary advises that it will still not adversely affect the pension. He advised that it will benefit the City because new employees will be brought in at a lower rate and it will allow for promotions within the department. Mayor Vandergrift opened the Public Hearing. R.P. Monacky , 1820 Prairie Lake Blvd., asked why we are not hiring younger people that will work their whole career with the City, instead of someone who is older and already has a City Manager Frank pension. said it is illegal to make hiring decisions based on age or their pensions. Mayor Vandergrift closed the Public Hearing. Commissioner Johnson said the employee who is taking this early retirement did start with the City young and has worked here over 20 years. R.P. Monacky confirmed that the maximum of employees would be six people that could take advantage of this. Commissioner Johnson, seconded by Commissioner Hood, moved to adopt Ordinance 2007-028 amending ordinance 96-20, allowing an Early Retirement Incentive Window Under the City of Ocoee Municipal Police Officers’ & Firefighters’ Retirement Trust Fund for Employees with at Least 15 Years of Credited Service and a Combined Age Plus Years of Credited Service Equals at Least 65 Years. Motion carried 5-0. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2007-028 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF OCOEE MUNICIPAL POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT TRUST FUND; AMENDING ORDINANCE NUMBER 96-20, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. G.REGULAR AGENDA Update on Water Conservation Report. (Utilities Director Smith) 11. At the November 6, 2007, City Commission Meeting, the Commission and Mayor requested that staff provide a short report on the City of Ocoee’s water conservation program, POWR (Protect Ocoee’s Water Resource). Utilities Department Staff will present a general overview of the program and provide updates on the programs water conservation incentives. Following the presentation staff will be seeking direction from the Commission about future incentive levels and initiatives that the Commission may desire to explore. This item was heard under presentations. Page 8 of 14 City Commission Regular December 4, 2007 Maguire Road Phase V – Armstrong Development Group, LLC Land Acquisition. 12. (City Attorney Solik) For purposes of the Maguire Road Phase V Project, the City needs to acquire a 4.3 acre tract of land from Armstrong Development Group, LLC. City Attorney Rosenthal said the Commission had previously approved that staff had the authority to proceed with an offer if it is under $100,000. We currently have an offer that exceeds that amount, and so we are bringing it back for your approval. City Attorney Rosenthal reviewed the staff report which stated for purposes of the Maguire Road Phase V Road Widening Project, the City needs to acquire property necessary for a pond site. A 4.3 acre tract located on the east side of Marshall Farms Road just south of its intersection with Maguire Road has been determined by City Staff to be the best location for the stormwater pond required by the proposed widening of Maguire Road. The subject property is owned by Armstrong Development Group, LLC. The property is vacant. The City has had the subject property appraised by Donald Oehlrich of Florida Realty Analysts, Inc. who arrived at a value of $688,500. In order to initiate the land acquisition process, an offer letter must be sent to Armstrong Development Group, LLC. City Staff now seeks Commission approval to make an offer, pending conveyance of clear title, to Armstrong Development Group, LLC. City Staff have had informal discussions with counsel for Armstrong Development Group, LLC, and the indicated selling price, unsupported by an appraisal, is $1,600,000.00. This is despite the fact that Armstrong acquired the property in June 2006 for $625,000 and no improvements have been made. Given the unlikely possibility of a voluntary acquisition, City Staff recommends making an initial offer 10% above appraisal, in the amount of $756,800.00. This will help limit the City’s exposure to attorneys’ fees in the likely event that the case proceeds to condemnation. City Attorney Rosenthal said they recommend the Commission authorize the city staff and city attorney to make a binding offer to Armstrong Dev Group LLC in the amount of 756.800.00 with the conveyance of clear title. Commissioner Keller, seconded by Commissioner Johnson, moved to authorize the City Staff and the City Attorney to make a binding offer in the amount of $756,800.00 to Armstrong Development Group, LLC with the conveyance of clear title. Vote was taken after further discussion. Commissioner AndersonCity Manager Frank asked about other parcels in the area. said we City Engineer Wheeler looked at several parcels there, including the Roper property. summarized that they selected this parcel as opposed to others because most of it can be developed easier, other than the wetlands portions. Mayor VandergriftCity Attorney Rosenthal asked how we would pay for this property. said it would be paid with Road Impact Fees. The Mayor asked if it is in the CRA. City Manager Frank said it is within the CRA; this project started many years ago when land acquisitions were estimated at three million, and now they are over seven million. We are doing what we can to acquire land that we need. If needed, the CRA can help fund different phases of the road in the future. Commissioner Hood asked if this is just being used for a retention pond. Page 9 of 14 City Commission Regular December 4, 2007 There was discussion regarding the usefulness of other surrounding parcels. Engineer Wheeler described the flow drainage and retention ponds. City Attorney Rosenthal said that Mary Solik and David Wheeler and others have looked at every conceivable parcel in an attempt to get the most cost effective solution and he feels this is the best option. Commissioner Hood asked if surrounding residents have been notified what is being done to City Attorney Rosenthal this property. said we have not provided notification, however we have made contact with all property owners that may have land taken in the development of this Mayor Vandergrift project, so it is known in the community what the City is intending to do. . City Engineer Wheeler asked if we would still need the Roper property said no, we have right of way from them on the frontage; we would not need to purchase other land from them. Commissioner Hood confirmed that we are just going to make an offer at 10% over the City Attorney Rosenthal appraisal, not 1.6 million. said that is correct, we feel this is a good place to start, especially since there would be a condemnation that would cost a lot more than that. He added that our appraisal is 6 -7 months old at this point. VOTE: After the discussion, motion carried 5-0. Discussion on Charter Schools. (Mayor Vandergrift) 13. Mayor Vandergrift stated they had a workshop on Charter Schools and their next step is to City authorize the City Manager to move forward with negotiations with Charter Schools USA. Manager Frank stated it seems to him that they need a spokesperson on board with the City to engage in negotiation with School Board and see what they will allow. Charter Schools USA would be a good representative to do that. He further stated they would need to come up with some type of scope of services and determine what their fees would be. So far, their contract for Phase 1 was $15,000 to get us to this point. Commissioner Hood asked to know what the amount would be before he approved anything, and would like to see community input before moving forward with Phase 2. He stated they Commissioner Keller need residents behind it so they need to get the word out. On that note, added that the Ocoee School Advisory Board wanted to know what the City is doing to get the Laura Keller, information out there to the residents because they are not informed enough. School Advisory Board member, asked what Charter Schools USA could do for us and asked if City they could attend some public meetings held at various schools to answer questions. Manager Frank said if Charter Schools USA could give Ocoee an hourly rate, then Commission could determine which activities they wanted done and could estimate a cost for Laura Keller that ahead of time. He thought that would be the easiest way to control the cost. informed them that representatives from Lake Wales and Pembroke Pines were willing to attend Commissioner Keller those public meetings as well. agreed with Commissioner Hood that the same citizens attend the City Commission workshops and they need to hold meetings elsewhere to inform a broader audience. Commissioner Anderson commented that Charter School USA could find out whether the Mayor Vandergrift school board would fight us on conversion charter schools. proposed that in 2009 they look to convert all of their schools and in 2010 look at starting up a K-8 charter Commissioner Anderson school. stated they need to have answers from the school board ready Page 10 of 14 City Commission Regular December 4, 2007 before they have the various public meetings so they know what they are working with, whether Commissioner Keller the school board would be in favor of conversion or start-up schools. said they need to go to the school board first and put up some money, even if they keep it minimal. Mayor Vandergrift stated only about one third of our community is involved directly with schools and the others do not have children; however, they have to see how the community is affected as a whole. He encouraged the commissioners to review the DVD’s of the meetings with Pembroke Pines and Lake Wales to get educated on the entire thing so they are fully Commissioner Hood informed. said he has sat in on meetings and knows that residents do not Mayor Vandergrift want to spend a dime on it. said, according to the other cities that have Mayor Vandergrift done this, if it is done right they do not have to spend a dime on it! said the start-up funds necessary for this are the same as those for any school and can be paid back by the Commissioner Johnson CRA. asked if they could put it on a referendum and ask residents for City Clerk their opinions. declared it was too late to get it on a January election, but they could consider a mail out election that is expensive. Commissioner Hood commented that some citizens would be concerned with paying taxes to Laura Keller Orange County Public Schools when Ocoee has charter schools. said that the charter schools are public schools and that money paid in taxes to Orange County Schools comes back to the charter schools less 5%. Commissioner Johnson read an email received from a citizen asking what percentages of Ocoee voters have shown an interest in charters schools, and how much money will be spent on this Commissioner Keller before the voters have any voice on the decision. said there will be some reasonable costs involved before we get it out there and about 48% of the people already surveyed have stated an interested in charter schools. He said we need to know where the Orange County School Board stands on the issue and the exclusivity before we know anything. Mayor Vandergrift said in 1968 they looked at how to make Ocoee a special place to live and one thing was having a community school system, like they have up north. He said the state will Commissioner Hood not allow it unless they have a charter. asked if it would be better to put Commissioner Keller their efforts into splitting Orange County School District. said they are still pushing for splitting the bigger Districts in Tallahassee. He said, assuming Orange County School Board will exclusivity in March; it would still be too late to get a school in 2008. He did not see any incentive for high school students to want to go Charter because they are happy where they are; it will be different once they get rezoned. He would love to see the high school go first, but thinks the support will be there first for a new K-8 school. Commissioner Keller recommended they get out to the public by sending out a flier and have a referendum election, etc. Then Charter Schools USA can take it to the OCSB to get an idea of their stand on the issue so they can move on from there. He said they will need to spend a little bit of money on this to get that far so they know where Ocoee stands on the issue and they can stop spinning their wheels on the issue. Commissioner Anderson clarified that they need to have school hall meetings regarding converting those schools to charter schools, hand out fliers with FAQ’s, have Charter Schools Page 11 of 14 City Commission Regular December 4, 2007 USA attend to answer more questions, then get a consensus from teachers and parents. He asked the City Manager to contact Charter Schools USA to get a cost to do that, and then if the interest Commissioner Anderson is there they could move on to doing a referendum. commented that many people have asked about the cost involved with converting to charter schools, and he was informed that there were no extra charges involved - only the normal tax dollars already being paid to Orange County. Commissioner Johnson read another email from a citizen asking if the City would guarantee the charter schools would not cost any more tax money and what the Federal Judge would say if Ocoee was not complying with the desegregation order, and who would pay the court costs. Commissioner Keller said if they had to sue to try to get that it would have to be the City’s responsibility and hopefully they would not have to do that. If they go with a charter school, there would be no additional tax costs to the citizens. The same FTE money per student is sent to the charter schools. As far as the desegregation order, all Ocoee schools fall into that and there will not be any lawsuits from that view. The last ruling by the Federal courts was that race could no longer be used as an issue for building schools; therefore, they have already beaten that rule. Commissioner Johnson asked why we do not just go ask the school board and get it over with. Commissioner Keller said they would not be receptive to us; we need a neutral third party Commissioner HoodCommissioner negotiator. said to send out letters to faculty and parents. Johnson asked if City Commission could send a letter to the school board asking for a vote for City Attorney Rosenthal the conversion of schools, without the need of Charter Schools USA. said they could write a letter to the superintendent asking whatever they want. Commissioner Anderson stated the importance of educating the people out there first by having Commissioner a town meeting at a school and finding their interest before doing anything else. Hood said they first need to be able to explain what the purpose is of converting to charter Mayor Vandergrift schools because they would need to sell this to the residents. said the purpose of charter schools is to have their own school district whereas it is smaller and on a more personal level and people can approach the board when they need to; whereas people are unable to approach Orange County School Board with things as they would like. Commissioner Keller, seconded by Commissioner Anderson, moved that the City Manager bring to the next meeting the costs involved with having Charter Schools USA attend a public meeting at either Ocoee Middle School or Ocoee Elementary School, and having them talk to OCSB about what type of charter school they would be willing to work with us on. Motion carried 5-0 Commissioner Hood announced that his comments are not personal, they have to answer to Mayor their constituents and he has to represent the citizens in their districts and what they way. Vandergrift commented that if they were personally in favor of it or cared about it they would have already taken the time to learn the particulars of the issue and campaigned for it in their districts. Page 12 of 14 City Commission Regular December 4, 2007 Rosemary Wilsen , 1019 Shady Maple Circle, asked the City Commission to let the professionals, who does this for a living, handle this since they have not been successful. She said citizens have heard rumors that money is necessary and they will be assessed. They should let professionals explain these things to the citizens, rather than Commission telling them the same thing over and over, they need to hear it from someone else. Discussion regarding 401-A Deferred Compensation Plan for the Employees. 14. Item pulled from the agenda to be heard at a future meeting. H.STAFF REPORTS City Manager Frank reminded everyone that one of the items on the Consent Agenda was the cancellation of the January 1, 2008, City Commission Meeting so first meeting in January will be in mid January. He further announced next Thursday, December 13, 2007, at 5:00 pm there will be a Special Session on purchase of property and following that is the Christmas Dinner for needy families over at Ocoee Middle School. I.COMMENTS FROM COMMISSIONERS Commission Keller - 1)Youth Basketball Registration for Ocoee Residents will be on January thth 5 at the Jim Beech Center. Registration for Non-Residents will be on January 12. Practices thth start on January 14 with games starting on January 19. Costs for Residents are $65 and Non- Residents are $90. 2) Thanked Lions Club for parade. 3) Thanked everyone who helped on the lawsuit. Commissioner Johnson – 1) Announcedthe Fire Departments Operation Santa will take place ththththth on December 10, 12, 17, 18, and 20. He announced residents can visit the Operation Santa link on the City’s website to know the date and time they will visit their subdivision. 2) Dinner for needy, he announced he donated a bike, and would like to challenge other Commissioners to donate something, contact Gloria. 3) Christmas lights on poles need to be working before City Manager Frank Christmas is over. said they are on top of it; staff has been working on them on a daily basis. Commissioner Anderson – 1) Introduced his dad and stated on their way into City Hall on Silver Star Road around lake they noticed it is very dark. He inquired if they can look into getting lights put up starting at Lakeshore Drive and onto Silver Star Road. 3) Ocoee Lions Club th final Turkey Shoot is December 8 at the West Orange Girls Club from 8:30am-3:00pm. Commissioner Hood – None Mayor Vandergrift - None Page 13 of 14 City Commission Regular December 4, 2007 ADJOURNMENT The meeting adjourned at 9:48 p.m. APPROVED: Attest: City of Ocoee ____________________________ _____________________________ Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 14 of 14