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HomeMy WebLinkAbout11-20-07 Minutes MINUTES OCOEE CITY COMMISSION November 202007, at 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7: 15 p.m. in the Commission Chambers of City Hall. Commissioner Keller gave the Invocation and Commissioner Johnson led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called 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 I B. PRESENTATIONS AND PROCLAMATIONS I Presentation - Firefighter of the Quarter Award to Firefighter/Paramedic Wil Mendoza - Mark Scalzo, Chairman CACOFD Postponed until next meeting Presentation - Health Central Strategic Planning - David Sylvester gave PowerPoint presentation I C. COMMENTS FROM CITIZENS/PUBLIC - none I D. COMMISSIONERS ANNOUNCEMENTS Commissioner Anderson-none Commissioner Johnson - none Commissioner Keller - 1) said that high school football season is over and he would like to commend the senior cheerleaders, band members, and football players for their hard work. 2) said that Ocoee High School Band won the call in survey and they will be playing in the citrus bowl. 3) reminded everyone of the December 1, 2007, Christmas Parade, 4) wished everyone a Happy Thanksgiving. Mayor Vandergrift- 1) said the Post Office is proposing a new postal carrier annex; they will keep main office for public, and use new 2.5 acre property at 219 Floral Ave. for the carriers. 2) announced the Christmas Parade and December 1, 2007, and said we need to decide if we want television coverage of the Christmas Parade since it was taken out of the budget this year. He stated the cost was approximately $1,100.00. Commissioner Anderson. seconded by Commissioner Keller. moved to allocate money from the Continaency Fund to televise the Christmas Parade on December 1. 2007. at approximately $1.100.00. Motion carried 4-0. with Commissioner Hood absent. 3) advised that "Food for Families" will be done at Ocoee High School this year, tomorrow night at 8:00 pm Publix will bring food, it will be packed and delivered Thanksgiving morning; thanked Assistant City Manager Croteau for getting the dumpsters placed out at the school. 4) City Commission Regular November 20, 2007 thanked Felix Ramirez for speaking at our Veteran's Day event and congratulated him on being elected Commissioner in Mascott. I E. CONSENT AGENDA I 1. Approval and Acceptance of the Regular City Commission Minutes of November 6, 2007. (City Clerk Eikenberry) Approved on Consent. Motion carried 4-9. with Commissioner Hood absent. 2. Appointment to the Human Relations/Diversity Board. (City Clerk Eikenberry) Members of the Human Relations/Diversity Board (HRDB) serve two-year terms. Currently the board has nine (9) members. The Resolution provides that HRDB membership shall consist of no less than seven (7) members and no more than fifteen (15) members. One application was recently submitted for the Human RelationslDiversity Board; therefore staff recommends the City Commission consider appointing Ibrahim Habach to the Human Relations/Diversity Board with a term ending May 1,2009. Approved on Consent. Motion carried 4-0. with Commissioner Hood absent. 3. Approval of Special Event Request for Road Closure for Ocoee Lions Club Christmas Parade. (Building Official Jones) Ms. Cathy Sills of Ocoee Lions Club has made application to the City for a Special Events Permit for the Ocoee Lions Club Christmas Parade that would require the temporary closing of a City owned street. The event will be held on December 1,2007, at 10:00 a.m. (Rain Date December 2nd at 2:00 p.m.) Approved on Consent. Motion carried 4-0. with Commissioner Hood absent. 4. Approval of Police Portable Radio Purchase. (Police Chief Reffett) The FY 2007/2008 budget, approved by the Mayor and City Commission, provided $20,000.00 for the purchase of 5 (five) digital portable radios. In order to maintain compatibility and interoperability with Motorola radios currently utilized by the Orange County radio users group, Motorola radios must be purchased. Motorola is a sole source provider for these radios and offers only the Orange County contract pricing. Approved on Consent. Motion carried 4-0. with Commissioner Hood absent. 5. Approval of School Resource Officer Contract. (Police Chief Reffett) The Ocoee Police Department provides 1 (one) DARE officer to 4 (four) elementary schools, 1 (one) School Resource Officer to 1 (one) middle school, and 2 (two) School Resource Officers to 1 (one) high school, all of which are located within the city limits of Ocoee. An annual agreement between the City and the School Board of Orange County is required in order for the Police Department to understand its officers' responsibilities and for the City to be reimbursed by the School Board of Orange County for a portion of the officers' salaries. Approved on Consent. Motion carried 4-0. with Commissioner Hood absent. 6. Approval of Budget Transfer for Emergency Purchase of 1 Police Vehicle. . (Police Chief Reffett) Recently the police department had one (1) vehicle involved in a crash which was considered totaled by the insurance company. The insurance company will pay damages in the amount of $8,850. Along with the money received from our insurance claim, an additional $16,150 is needed to purchase a new replacement police patrol vehicle ($25,000). Approved on Consent. Motion carried 4-0. with Commissioner Hood absent. 7. Approval of Traffic Calming Speed Tables for Ridgefield Avenue and Wanda Street. (Public Works Director Krug) The Commission approved the installation of traffic calming devices on Kimball Dr. & Marlene Dr. at the November 6, 2007, Commission Meeting. At that time, the traffic calming petition for Ridgefield Ave., including Wanda St., had not secured the required number of property owner approvals. The required approvals Page 2 of 13 City Commission Regular November 20, 2007 have now been received by Public Works and they are requesting the Commission approve the installation of traffic calming on these two streets. Due to the horizontal geometry of Ridgefield Ave., Wanda St. requires a speed table also in order to reduce the Center St. cut-through traffic. Approved on Consent. Motion carried 4-0, with Commissioner Hood absent. I Consent Agenda Vote: I Commissioner Anderson, seconded bv Commissioner Keller, moved to approve Consent Agenda Items #1 through #7 as presented. Motion carried 4-0, with Commissioner Hood absent. I F. PUBLIC HEARINGS 8. Re-funding City of Ocoee, Florida Non Ad Valorem Revenue Notes, Series 2000 and 2004. (Advertised in the Orlando Sentinel Legal Classified on Saturday, November 10, 2007). (Finance Director Horton) The 2000 and 2004 Ad Valorem Revenue Notes were utilized to acquire the Crown Point (Coca Cola) property and make certain improvements to the property. The taxable notes were used to acquire property that would not be utilized for governmental purposes. The city accepted a bid from Centex to purchase and develop the property. Staff anticipated this transaction would be completed before the December 1 st principal payment due date. However, Centex withdrew from the deal recently. Finance Director Horton said the 2000 and 2004 non advalorem revenue notes funded the acquisition and some property improvements of the Crown Point Property. The notes were structured short term to include both the taxable and the tax exempt uses. The intent was to pay off when the taxable portion of the property was sold. The city accepted a bid from Centex to purchase and develop that portion of the property. Staff anticipated this transaction would be completed before the December 1, 2007 when the 1st principal payment due date. However, Centex withdrew from the deal recently. Additionally, during the budget process, staff proposed to the city commission and you agreed to reduce expenditures by not funding the principal amount ($923,000) which contributed to lowering the millage rate and softening the impact of the property tax legislation. The budget does not include the funds for the principal payment, so we need to finalize the restructuring before December 1, 2007. City Financial Advisory Mark Galvin highlighted the details of the restructuring. He said the proposed financing is a total of$4,100,000 comprised of two elements: Taxable and Tax-exempt. The taxable portion is $1,155,000 with a fixed rate of 6.05% and structured to be paid off in 2014. The tax exempt portion is $2,945,000 with a fixed rate of 4.40% and structured to be paid off in 2022. Mr. Galvin said they are in the process of locking in interest rates on Monday; currently interest rates would be 4.31 % for the tax exempt portion if it were locked in today at a fixed rate for 15 years. The taxable portion would be 5.81 % fixed for the life of the transaction. It was structured to give the City time to be able to go out for RFPs and sell the land. He said they worked with SunTrust to be able to come up with a two-year-interest-only loan before we start amortizing the principal on the debt. The concept is, as far as debt service, interest annually for first two years would be approximately $200,000, $101,400 of would come out of this year's budget. Assuming we have not sold the land in two years to payoff the debt, the debt service would be approximately $450,000 for the next 13 years. Page 3 of 13 City Commission Regular November 20, 2007 Finance Director Horton said Staff recommends the Mayor and City Commission approve the financing and terms proposed by SunTrust to restructure the revenue notes and authorize the Mayor, City Clerk and staff to execute all documents necessary to effect the transaction. Commissioner Anderson asked if there was a prepayment penalty. Mr. Galvin advised that the thing that makes this very attractive is locked in fixed rate interest rates with no prepayment penalty; should we sell the property and payoff the loan. He added that was difficult to find Commissioner Anderson asked for clarification between the taxable and nontaxable portions. Finance Director Horton said the taxable portion is the part not being used for a public purpose; that would be the part we are selling. Commissioner Anderson asked if we decided to keep it all and not sell it, would none of it be taxable. Mr. Galvin said that is correct. City Attorney Rosenthal said that would not necessarily change the loan which is locked in at a fixed rate. We cannot just go back to SunTrust and say we changed our mind for the purpose of the land. Commissioner Anderson asked if we are we paying taxes on this property. City Attorney Rosenthal said no we are not; this is an Internal Revenue code issue, not an ad valorem property tax issue. Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the Public Hearing was closed. Commissioner Anderson. seconded bv Commissioner Johnson. moved to adopt Resolution 2007-008 authorizina the delivery of replacement promissory notes pertainina to a prior borrowina for certain real property known as Crown Point and improvements thereto. per staff recommendations. Motion carried 4-0. with Commissioner Hood absent. RESOLUTION NO. 2007-008 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OCOEE AMENDING AND SUPPLEMENTING RESOLUTIONS NO. 2000-15 AND NO. 2004-03; AUTHORIZING THE DELIVERY OF REPLACEMENT PROMISSORY NOTES PERTAINING TO A PRIOR BORROWING FOR CERTAIN REAL PROPERTY AND IMPROVEMENTS THERETO; CONFIRMING THE COVENANT TO PAY FROM NON-AD VALOREM REVENUES OF THE CITY AS SECURITY FOR THE PAYMENT OF THE REPLACEMENT PROMISSORY NOTES; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; CONFIRMING THE AMOUNTS OF $1,873,154 AND $930,000, RESPECTIVELY, AS OUTSTANDING WITH RESPECT TO THE 2000 NOTES AND $1,050,000 AND $215,000 AS OUTSTANDING WITH RESPECT TO THE 2004 NOTES, ALL OF WHICH ARE HELD BY SUNTRUST BANK; AUTHORIZING THE PAYMENT OF CERTAIN COSTS RELATED TO THE REPLACEMENT PROMISSORY NOTES; AUTHORIZING THE MAYOR TO EXECUTE ANY DOCUMENTS OR TO TAKE ANY ACTIONS REQUIRED IN CONNECTION WITH THE EXECUTION OF SUCH NOTES BASED ON CERTAIN CONDITIONS DESCRIBED HEREIN AND TO TAKE CERTAIN FURTHER ACTIONS WITH RESPECT TO THE LOAN; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Vandergrift said he would like the staff to pursue the idea of an RFP involving the whole piece of property, looking at the possibility of selling it or developing it; keeping the land Page 4 of 13 City Commission Regular November 20,2007 in our name and having a developer come in and front the money for the infrastructure and buildings. We would be in partnership with the developer. City Manager Frank said that we are planning to have a workshop on this issue, and having a market analysis in hand before we meet so we have a basis to work from. SECOND READING OF ORDINANCES 9. O'Donnell Property - Rezoning from R-lto C-2. (Advertised in the Orlando Sentinel Legal Classified on Thursday, November 8, 2007). (Principal Planner Rumer) The subject property is located within the Downtown Redevelopment Area. The objective of the Downtown Redevelopment Area is to attract reinvestment in the downtown area. The proposed development schemes should include visual landmarks and public areas; quality pedestrian areas; mixed and multi-uses, including retail, general commercial, restaurants, various forms of residential uses, and professional offices and services. The subject parcel is vacant but the applicant has undertaken site work to establish a stabilized parking area. A fence consisting of wood and wrought iron has been placed around its perimeter. The applicant owns the parcel to the west and has recently remodeled it. The applicant intends to combine both properties and rent out a portion of the remodeled office as an insurance office and use the remaining space and property for short term vehicle storage. City Attorney Rosenthal read the title of the ordinance. Principal Planner Rumer presented the case and advised that staff recommends approval. Commissioner Anderson asked if we generally get something, such as sidewalk easements, etc., when we grant a rezoning. City Manager Frank said there is sufficient right-of-way there, if we should decide to place five foot sidewalks. Mavor Vanderarift moved to approve per staff recommendations. Motion died for lack of second. Commissioner Johnson said he was the buyer's broker during sale of this property and will abstain from voting and file a Voter Conflict Form with the City Clerk. Commissioner Anderson said he thinks as this area develops, we should have each developer place a sidewalk along this road because it will be needed. He would like us to ask the owner of this property to pay for a sidewalk on his property as a condition of the rezoning. Principal Planner Rumer said there is a survey in the application packet which shows there is 60 feet of right of way, with 33 feet of asphalt currently, there ample room for a sidewalk without requiring an easement. He gave a copy of the survey to the City Clerk. Commissioner Johnson said he does not think we need to get more money from the applicant for a sidewalk because there is plenty of room and it can be done at any time. Mayor Vandergrift asked what kind of prevention could prevent it from becoming a used car lot. City Attorney Rosenthal said that we would need a Developer Agreement which restricts the zoning, comparable to what we did with the West 50 Property, where it received its zoning along with a Developer Agreement which prohibited certain uses otherwise allowed under that zoning category. Commissioner Anderson said he would not mind allowing the rezoning with a Developer Agreement prohibiting the sale of used cars. City Attorney Rosenthal said the C2 Zoning, without a Special Exception, would not allow the sale of automobiles new and used. The effect of a motion requesting a Development Agreement prohibiting it would prevent someone from getting a Special Exception. The granting of a Page 5 of 13 City Commission Regular November 20, 2007 Special Exception in a regular C2 Zoning would have to come back before the Commission. Principal Planner Rumer added that a Special Exception would be tied to the site plan. Commissioner Keller asked for clarification on the criteria for granting a Special Exception. City Attorney Rosenthal read the section of the Land Development Code that stated "approval of a Special Exception shall be granted by the City Commission only upon a finding that 1) the proposed uses and structures would not violate land uses, densities or other directives of the Comprehensive Plan or the Code, 2) proposed uses and structures would be compatible with the uses, structures and activities on adjacent land and nearby land, 3) the proposed uses and structures would not violate the health, safety, welfare, and or convenience of those residing working or owning land in the vicinity of the proposed use or structure, specifically with respect to 2) the use of structure would not exceed the applicable density or bulk regulations, except as specifically authorized, nor shall the use or structure result in the overcrowding of land or buildings (a site plan issue). Mr. Rosenthal said if the applicant for Special Exception meets the criteria of the Code, they are entitled to that use. Commissioner Anderson said he would still like to include the condition in the motion. Commissioner Anderson moved to approve Ordinance No. 2007-026 authorizina the rezonina from R-1 to C-2 on the O'Donnell Property, subiect to the execution of a Development Aareement prohibitina Automobile Sales, new and used, on the subiect property. Motion died for lack of second. Mavor Vanderarift, seconded bv Commissioner Keller, moved to approve Ordinance No. 2007-026 authorizina the rezonina from R-1 to C-2 on the O'Donnell Property per staff recommendations. Motion carried 3-0, with Commissioner Johnson abstainina and Commissioner Hood absent. The ordinance, as adopted on second reading, carries the following caption: ORDINANCE NO. 2007-026 TAX PARCEL ID #: 18-22-28-3116-01-090 CASE NO. RZ-07-08-13: O'Donnell Parcel AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE R-I, "SINGLE FAMILY DWELLING," TO OCOEE C-2, "COMMUNITY COMMERCIAL," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.18 ACRES LOCATED NORTH OF AND ADJACENT TO FRANKLIN STREET AND APPROXIMA TEL Y 300 FEET EAST OF THE INTERSECTION OF FRANKLIN STREET AND OCOEE APOPKA ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Commissioner Anderson noted for the record that he voted in favor of this because he believes that Commissioner Johnson will not let any used car lots end up on this property. 10. Meadow Ridge pun Amendment - Impervious Surface Percentage. (Advertised in the Orlando Sentinel Legal Classified on Thursday, November 8,2007) (Principal Planner Fabre) Page 6 of 13 City Commission Regular November 20, 2007 The Meadow Ridge PUD is located at the southeast quadrant of the intersection of Maguire Road and Moore Road. The residential portion of the PUD consists of 152 single-family lots. The City Commission, on March 7, 2006, reviewed and approved the Final Subdivision Plan for the residential portion of Meadow Ridge PUD. After construction started, the home builder noticed that due to their home product design and the size of the lots, the addition of a typical size swimming pool would exceed the maximum 50 percent impervious surface development standard for the PUD. Accordingly, the applicant has requested an increase of the maximum allowable impervious area for certain residential lots. City Attorney Rosenthal read the title of the ordinance. Principal Planner Fabre introduced the item, gave a brief presentation, and said the Planning and Zoning Board recommended approval, and staff recommends approval. Commissioner Johnson asked if this could affect a resident's amount of impervious area on their individual lot. Commissioner Anderson said the residents need to know how this will affect them as far as adding pools or patios. Commissioner Keller said it appears they are asking for the amendment to allow residents to be able to build a standard size pool on any of the lots, if they choose to do that. Mayor Pro Tem Johnson opened the Public Hearing. Tina Demostene, Pulte Homes, was said that John Townsend, Project Engineer, with Donald W. MacIntosh and Associates was also here to answer technical questions. She said they did the overall analysis so that every owner could have pools and pool decks on the lots with the four models they are offering; the owners will not be individually using up the pervious space. She also advised she has no problem with adding a stiff addendum to notify residents of what their maximum impervious area is for each lot, because each lot will be different. Commissioner Anderson asked if staff will know that they have this exemption. Ms. Demostene said the way it has been worked out, they will have to give the impervious calculation with every permit application. Mayor Pro Tem Johnson closed the Public Hearing. Commissioner Anderson seconded bv Commissioner Keller, moved to adopt Ordinance No. 2007-027, approvina a substantial chanae to the Westridae PUD, to allow a maximum impervious area ratio for each residential lot: subiect to a receipt of a letter from the Developer aareeina to place a stiff addendum in each Purchase Contract settina forth the maximum impervious area of the lot beina purchased. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2007-027 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA APPROVING A SUBSTANTIAL AMENDMENT TO THE RESIDENTIAL PORTION OF THE SECOND REVISED LAND USE PLAN FOR WESTRIDGE PUD (KIN/A MEADOW RIDGE PUD) ON CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST QUADRANT OF THE INTERSECTION OF MAGUIRE ROAD AND MOORE ROAD, AS PETITIONED BY THE PROPERTY OWNER; AMENDING THE RESIDENTIAL PORTION OF THE SECOND REVISED LAND USE PLAN FOR WESTRIDGE PUD (KIN/A MEADOW RIDGE PUD) TO ALLOW A MAXIMUM IMPERVIOUS AREA RATIO FOR EACH INDIVIDUAL RESIDENTIAL LOT IN ACCORDANCE WITH A LOT TABLE PROVIDED BY THE PROPERTY OWNER, IN LIEU OF A MAXIMUM IMPERVIOUS AREA RATIO OF 50% PER LOT FOR ALL RESIDENTIAL LOTS, AS PREVIOUSLY APPROVED; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Page 7 of 13 City Commission Regular November 20, 2007 11. Approval of Revised Personnel Rules & Regulations, amending Ordinance 2005-017. (Advertised in the Orlando Sentinel Legal Classified on Sunday, October 28, 2007). (Continued from the November 6, 2007, Ciry Commission Regular Meeting) (Human Resources Director Carnicella) The Ordinance providing for the PRR's has not been amended since 2005. The City Manager has requested the Human Resources Director complete the draft revisions of the PRR's. This revision of the PRR's is a comprehensive edit and includes some new provisions. Staff recommends the Commission repeal Ordinance 2005-017 as Amended and adopt the Personnel Rules and Regulations on first reading. City Attorney Rosenthal read the title of the ordinance. Human Resources Director Carnicella reviewed the minutes of the Personnel Board and addressed areas of their concern and the following changes were agreed upon by the Commission: 10:03 (B)(2) Conference/Travel Leave Policv Change the language to state that lunch will only be provided when an employee is attending a seminar more than 25 miles outside of the City limits. Consider changing commission Travel Policy to match. 10:03 (B)(9) Conference/Travel Leave Policv Language regarding $50 per diem needs to be cleaned up in the future 13:14 (C)(6) Education Incentive Program Continue to pay for books for employees attending classes 13:20 Arrests, Criminal Convictions and Moving Traffic Violations Mr. Carnicella distributed a page showing amendments to this section that clarify that that employees could be subject to disciplinary actions 9/80 Schedule Change the policy so that employees do not have to use an hour of their own PTO time when City Hall is closed for holidays. Mayor Vandergrift opened the public hearing. There being no one wishing to speak, the Public Hearing was closed. Commissioner Anderson, seconded by Commissioner Keller, moved to adopt Ordinance 2007-030 amending Ordinance 2005-017, Personnel Rules and Regulations, as presented and including the additional changes discussed by the City Commission in response to the Personnel Board. Motion carried 4-0 with Commissioner Hood absent. G. ORDINANCE FIRST READING 12. Approval of Amendment to 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. (Second Reading and Public Hearing will be held on December 4, 2007, at 7.•IS p.m. or as soon thereafter as may be heard). (Human Resources Director Carnicella) Page 8 of 13 City Commission Regular November 20, 2007 City Attorney Rosenthal read the title of the ordinance. Mayor Vandergrift announced the second reading and public hearing will be heard on December 4, 2007 or as soon thereafter as may be heard. I H. REGULAR AGENDA 13. Approval of the Medical Services Agreement for an On-site Medical Clinic. (Human Resources Director Carnicella) This item heard before Items 11 & 12 During the budget preparation meetings and as a result of the final budget approval, staff was instructed to negotiate an agreement to create an on site medical clinic for employees and their covered dependents. The staff, through Crowne Consulting Group, has negotiated a contract with CareHere, LLC. The Agreement is for medical services to be provided for up to two days per week based on maximum fees listed in Section 2.04 of the Agreement. Human Resources Director Carnicella said he at the Budget Meetings the Commission asked us to move forward with the opening of a clinic. The Cruz home is being remodeled and Crown Consulting is acting as our agent in negotiating the contract with CareHere that is before the Commission tonight. Mr. Carnicella said we will contract with a doctor for the hours we want him there. We can have a Doctor there the entire time we are open, for instance, 16 hours, but we may want to consider having nurses, nurse practitioners there for hours extended beyond doctors hours. We budgeted $220,000, and a portion of the will be used to remodel the facility. Commissioner Johnson said having a doctor there for an 8 hour day would cost $960 per day. Mr. Carnicella said we estimated it will cost $175,000-$180,000 this year if we opened 2 days, with a doctor there 16 hours, considering an opening in February. Our costs will be driven by the hours and staffing levels we decide to go with. City Manager Frank said at this point we are trying to determine rates, and later we will be working out the number of hours and staffing levels. Mr. Carnicella added that there are many options, for instance we could have a doctor there 4 hours a day for five days. Commissioner Anderson asked if we have the right to opt of this contract if we decide we don't want to do this anymore. Mr. Tomlinson of Crown Consulting said there is a 90-day opt out at any time during the contract with CareHere. Commissioner Anderson said what about if we want to change providers? Mr. Tomlinson said CareHere will make a change of any doctor, nurse, nurse practitioner, etc. that the City is not happy with. Commissioner Anderson asked if there is a rate escalator. City Attorney Rosenthal said the rates set forth in the agreement are for tan initial 12 month period and can be adjusted by CareHere with a 90-day notice. If the City doesn't like the rates, they can give them the 90-day notice to terminate. Commissioner Johnson asked if there are set prices for medical supplies, he is concerned there may be $20 Band-Aids. Mr. Tomlinson said they did some research and found CareHere is at the lowest price break that can be obtained for purchase of medical supplies. Mr. Carnicella added that if we had purchased our employee flu vaccines from CareHere we would have saved $4 per shot. Commissioner Johnson asked who oversees CareHere. Mr. Carnicella said that Crown Consulting is our agent and will be overseeing the administration, but it will be under Human Resources. Commissioner Johnson asked if we get itemized billing for our expenses; Mr. Camicella said yes. Page 9 of 13 City Commission Regular November 20, 2007 City Attorney Rosenthal said the actual facility is not ours or the city's; they are independent contractors, their records belong to the independent contractors, there is no Federal Laws regarding privacy, etc. It is not a department of the City, under the direction of the City' they are independent contractors subject to the criteria in the agreement. Commissioner Anderson asked if we can save by having our paramedics obtain supplies from CareHere if they are cheaper. Mr. Tomlinson said yes, that is possible. He added CareHere will also provide employment exams, occupational exams, etc. at no additional fee. Mr. Carnicella said that he just spoke to Chief Firstner and they will look into seeing if they can save the City further money by using them for purchasing medical supplies used by the Fire Department. Mayor Vandergrift asked if it is part of the contract for employment physicals. Mr. Carnicella said that will have to be negotiated with the Unions. Commissioner Keller, seconded by Mayor Vanderarift moved to authorize a Medical Services Aareement with CareHere for a period five years, substantially consistent with the Aareement set forth in the aaenda packet alona with such additional chanaes as may be recommended by staff and approved by the Mayor. Motion carried 4-0, with Commissioner Hood absent. 14. West 50 Properties Development Agreement Amendment. (City Attorney Rosenthal) City Attorney Rosenthal said in connection with the approval of the Preliminary/Final Subdivision Plan for West 50 Commercial Subdivision, the City and West 50 Properties (the "Developer") entered into an Annexation and Development Agreement (the "Development Agreement"). The Development Agreement required, among other things, that the Developer pay to the City the total sum of $276,000.00 for traffic mitigation purposes (the "Traffic Mitigation Payment"). The Traffic Mitigation Payment is payable in installments on a lot by lot basis prior to the issuance of a building permit for each lot, as set forth on the Lot Allocation Schedule attached to the Development Agreement. The proportionate share originally attributed to Lot 4 was based on the Developer's assumption that a 250-room hotel would be constructed on Lot 4. It is now anticipated, however, that a 100-room hotel will be constructed on Lot 4. The Developer has requested that the City allow the Developer to reallocate the Traffic Mitigation Payment among the project's four lots. The attached First Amendment to Annexation and Development Agreement reallocates the proportionate share of the Traffic Mitigation Payment attributable to each lot; however, it does not reduce the total amount of $276,000.00 required for the entire project. Staff has no issue with the change of the allocation schedule and recommends City Commission approve the First Amendment to Annexation and Development Agreement and authorize the execution thereof by the Mayor and City Clerk. Commissioner Keller. seconded by Commissioner Anderson moved to approve the West 50 Properties Development Aareement Amendment. Motion carried 4-0, with Commissioner Hood absent. 15. Woodbury LLP Land Acquisition. (City Attorney Solik) Page 10 of 13 City Commission Regular November 20, 2007 City Attorney Rosenthal said in connection to the Development Agreement with Arden Park Ventures, LLC, the City agreed, at the City's expense, to use its best efforts to acquire property necessary for the extension of utilities through the property located east of Phase I of the Arden Park project and south of Clarcona-Ocoee Road. The subject property is owned by Woodbery Family LLP and is located on the southeast comer of the intersection of Clarcona-Ocoee Road and Clarke Road. The City Staff has determined that both for utility extensions and City road network purposes, the property to be acquired from Woodbery Family LLP is a 60' right-of-way. A graphic depiction of the property is attached. As part of the subdivision plan approval for Arden Park, Arden Park will be constructing, at its expense, a roadway between Clarke Road and the eastern boundary of the Arden Park property, through the Woodbery property. The acquisition of this right-of-way will provide the land necessary for the construction of this roadway and the extension of the City's water and re-use water lines. The City has had this proposed right-of-way appraised by DeRango, Best & Associates who arrived at a value of the subject property of $73,950. In order to initiate the land acquisition process, an offer letter must be sent to Woodbery Family LLP. City Staff now seeks Commission approval to make an offer in the amount of $73,950, pending conveyance of clear title, to Woodbery Family LLP. If efforts to acquire the property through voluntary acquisition are unsuccessful, City Staff will present a Resolution to the Commission authorizing eminent domain proceedings. It is recommended that the Mayor and City Commission authorize a minding offer in the amount of #73,950 to Woodbery Family, LLP, with conveyance of clear title. Commissioner Anderson. seconded by Commissioner Johnson moved to authorize City Staff and the City Attorney to make a bindina offer in the amount of $73.950 to Woodberv Family. LLP with the conveyance of clear title. Motion carried 4-0. with Commissioner Hood absent. I I. STAFF REPORTS City Manager Frank reminded everyone that City Hall will be closed on Thursday and Friday for the Thanksgiving Holiday. Discussion ensued about garbage pick up during the holidays, especially during Christmas and New Year's day when the same people would miss their pick up two weeks in a row. There is an issue with the transfer station being closed on some holidays, which limits how much we can pick up. Commissioner Keller suggested they have a workshop to discuss this. The consensus of the have staff brina back recommendation on how to handle aarbaae pick UP durina the Holidays. City Manager Frank said we will put the Thanksgiving schedule on OGTV. He advised staff will bring some suggestions back at the next Commission Meeting. City Manager Frank said that he needs action taken on the $25,000 that was placed in the budget as a contingency line item that was earmarked for the high school. He said at this point there has been no action on where or when to cut the check. Mayor Vandergrift discussed his concern about spending the entire amount this early in the budget year. Page 11 of 13 City Commission Regular November 20, 2007 Commissioner Johnson. seconded bv Commissioner Keller moved to approve the grant of $25.000 to Ocoee High School. which is to be distributed in two eaual parts: $12.500 now and $12.500 later in the school year. Motion carried 4-0. with Commissioner Hood absent. I J. COMMENTS FROM COMMISSIONERS Commissioner Keller 1) Wekiva parkway, septic tanks (nitrogen going back into ground). The reports disagree, people should not have to pay $20K to replace septic without good evidence. Do we want to go on record and write letters showing our disagreement? Commissioner Anderson said they were using bad data for this area anyway. Commissioner Anderson said to have staff get with appropriate people, possibly Commissioner Brummer, to communicate that we want to make sure the Governor doesn't make this law. Commissioner Johnson 1) said he has some Code issues, but he will bring them up when Ralph is here, 2) said he is offended with the way the news treated the Mayor. He said the Mike Thomas article in Orlando Sentinel seems to have a one-sided opinion against Ocoee. There is no racism playing into it at ALL!! He said the Mayor cares about education and the kids in Ocoee. Mayor Vandergrift said it was a set up, and didn't realize it until he was talking to her and she said she thought that his statement "Evans is the heart of Pine Hills" was a racist remark. Commissioner Johnson said it does not make sense to take Evans out of Pine Hills, and thinks the Mayors thoughts working with schools are pure. 2) said that he was at a function with Westgate, and four employees were recognized by the Sheriff of Osceola County, for saving a seven year old child at one of their properties who had been tied up and held captive by people, but had escaped from their car. The child has been in the hospital for two weeks, he was 40 pounds when he arrived. He would like to give them a proclamation. Commissioner Anderson agrees with Commissioner Johnson that the press did the Mayor wrong. Commissioner Keller said they are moving Evans to rezone it, even though they are saying that is not the case. It is not a race card it is the report card. No one wants to go to an F school. Commissioner Anderson 1) introduced his father in the audience, and 2) wished everyone a Happy Thanksgiving. Mayor Vandergrift 1) advised that "Food for Families" will be done at Ocoee High School this year, tomorrow night at 8:00 pm Publix will bring food, it will be packed and delivered Thanksgiving morning; thanked Assistant City Manager Croteau for getting the dumpsters placed out at the school. Page 12 of 13 City Commission Regular November 20, 2007 I ADJOURNMENT The meeting adjourned at 9:54 p.m. Attest: APPROVED: City of Ocoee Page 13 of 13 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LA~ E-FIRST NAME-MIDDLE NAME E,P.F BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COM ITTEE jo ~eon . f MAILING ADDRESS \~ CITY 0:.0 ee. DATEN~~~D U) 'tM o OTHER LOCAL AGENCY o APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the fonn in the minutes. * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I,~eon C.~bhn~ ,herebydisclosethaton_~D'V~~ 2/') ,20 o..:J-: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by , which A~t- of -thehuyev- ~nen pro~ ~ -=dd -\0 GUyret1\ ovJnef: ~O"~~N" 2.0 J LOOI Date Filed L NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 .