Loading...
HomeMy WebLinkAboutItem #01 Approval of Minutes MINUTES OCOEE CITY COMMISSION March 18,2008, 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 Anderson gave the Invocation and Commissioner Hood led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, 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 Pete Cady, Ocoee Little League Sponsorship Coordinator, thanked the Texas Roadhouse for their sponsorship to the league and for helping to get other sponsors that totaled about $15,000. He presented a plaque of gratitude to John Titelius, Managing Partner for Texas Roadhouse, who has also donated thousands of dollars to the School Nurse Program and many other organizations. Mayor Vandergrift said that Texas Roadhouse has only been here a month and has already great neighbors. Pete Cady said there are other businesses in Ocoee that have donated to the Little League and asked that others get involved as well. John Titelius said he was happy to be in Ocoee and looked forward to building more relationships. I C. COMMENTS FROM CITIZENS/PUBLIC Rosemary Wilsen, 1019 Shady Maple Circle, announced the third annual Spring Fling on April 5,2008, from 10:00 a.m. to 3:00 p.m. at the Bill Breeze Park. She invited everyone out to enjoy the activities, food, and prizes. It is a free day for anyone wishing to attend. She added that the Lions Club has asked people to bring old eye glasses for donation. John (Pablo) Quinones asked (1) about Commission considering voting for lifetime retirement benefits and whose idea that was; (2) how that was a real benefit to the residents of Ocoee; (3) how the City would lower the burden on taxpayers that are here since so many homes are vacant; (4) if anyone in the Commission is taking advantage of the City's education incentive program, or is that allowed. Mayor Vandergrift answered that the staff suggested the retirement because that fund is separate from the general tax fund; he added that they are always looking at how to lower taxes. Next, they do not benefit from the education incentive program and he is not in favor of burdening the citizens for such things. John Quinones asked if the City contributes to the employees' retirement fund and the Mayor said yes and that would be discussed further when that item is reached on the agenda. City Commission Regular March 18, 2008 I D. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood-none Commissioner Johnson-none Commissioner Anderson-none Commissioner Keller (1) reminded everyone that Ocoee High School will be having their final play of the year "High School Musical" on April 24, 25, and 26. He said they have an excellent drama club is and emphasized that people should go to such events because it is important to the children to have support from the community. I E. CONSENT AGENDA Approved on Consent. Motion carried 5-0. The terms of Members Glenn Richardson, Mark A. Scalzo, Wayne Vaughn, and Sam Woodson have all expired, and all have indicated an interest in being considered for reappointment. Approved on Consent. Motion carried 5-0. The City of Ocoee Third Annual Safety Spring Fling will be held Saturday, April 5, 2008, from lOAM to 3PM at the City Municipal Complex. In order in help ensure a safe event, the organizers are requesting the closure of the City boat ramp between the hours of midnight and 4PM and the closure of the driveway between the boat ramp and City Hall's west parking lot, Oakland Avenue between Bluford Avenue and Lakeshore Drive, and Lakeshore Drive between the boat ramp and Oakland Avenue between the hours of9AM and 4PM. Approved on Consent. Motion carried 5-0. This project requires removal of more than 90,000 cubic yards of excess materials. When the contract for this project was originally executed, the City was to utilize one-half of the excess fill material for various planned City projects, and the contractor was to dispose of the other half. When the City subsequently indicated that it had no application for any excess materials, the contractor accepted responsibility for removal of all materials without a change in contract price. With the subsequent reduction in construction activity, the volume of material to be removed became greater than what could be absorbed by the local development community within the original contract time. Accordingly, the contractor has requested a no-cost construction time extension of 60 days in order to find additional consumers of the remaining fill material. Approved on Consent. Motion carried 5-0. The construction underway at Central Park will significantly improve the spectator and player experience and reduce maintenance costs through improved stormwater management. Spectator safety is being enhanced by new retaining walls, level bleacher areas, new aluminum bleacher structures, ADA-compliant access paths, and Page 2 of 14 City Commission Regular March 18,2008 new guardrails and handrails. The player experience is being improved through new dugouts, backstops, facility interconnections via new sidewalks, and field fencing. In keeping with these objectives, six small additions to the work are proposed to complete Phase II. Approved on Consent. Motion carried 5-0. Commissioner Anderson. seconded bv Commissioner Johnson moved to adopt Ordinance No. 2008-001 approvina the annexation of two parcels totalina 9.46 :!: acres into Tiaer Minor Park. I F. PUBLIC HEARINGS SECOND READING OF ORDINANCES The subject property is located on the north side of Geneva Street, 2,000 feet east of the intersection of Geneva Street and Bluford Avenue. The City ofOcoee is requesting the annexation of two parcels totaling 9.46::1: acres and an initial zoning from Orange County "A-I" (Citrus Rural) to the City of Ocoee "R-IA" (Single-Family Dwelling). The initial zoning requested will be equivalent to the zoning on the northern portion of tiger Minor Park that is currently located within the City of Ocoee boundaries. Principal Planner Rumer gave an overview of the project. City Attorney Rosenthal read the title of the annexation ordinance. Mayor Vandergrift opened the Public Hearing. There being no one wish to speak, the Public Hearing was closed. Commissioner Anderson. seconded bv Commissioner Johnson moved to adopt Ordinance No. 2008-001 approvina the annexation of two parcels totalina 9.46 :!: acres into Tiaer Minor Park. The ordinance as adopted carries the following title: ORDINANCE NO. 2008-001 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 9.46 ACRES LOCATED NORTH OF AND ADJACENT TO GENEVA STREET AND APPROXIMATELY 2,000 FEET EAST OF BLUFORD AVENUE; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, THE CITY OF OCOEE; ANNEXING ADJACENT PUBLIC ROAD RIGHT-OF-WAY TO THE CENTERLINE THEREOF; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Page 3 of 14 City Commission Regular March 18, 2008 City Attorney Rosenthal read the title of the rezoning ordinance. Mayor Vandergrift opened the Public Hearing. There being no one wish to speak, the Public Hearing was closed. Commissioner Hood, seconded bv Commissioner Anderson moved to adopt Ordinance No. 2008-003 approvina the rezonina of two parcels totalina 9.46 :!:acres from Oranae County "A-1" (Citrus Rural) to the City of Ocoee "R-1A" (Sinale-Familv Dwellina). Commissioner Johnson said he wanted to quiet the rumors going around that the City is considering placing homes on these parcels, which is not going to happen. The ordinance as adopted carries the following title: ORDINANCE NO. 2008-003 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE R-IA, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 9.46 ACRES LOCATED NORTH OF AND ADJACENT TO GENEVA STREET AND APPROXIMATELY 2,000 FEET EAST OF BLUFORD AVENUE; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, THE CITY OF OCOEE; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The subject property is approximately 8.76 acres in size and is located on the east side of Tomyn Boulevard approximately 255 feet south of Patriots Point Drive. The subject site is currently undeveloped with a variety of trees, wetlands and lOO-year floodplain areas. Wetlands and flood zone areas are associated with the Johns Lake Basin and are situated on the properties eastern and southern most boundaries. The existing land use to the north and east is Single-Family residential subdivisions zoned R-1A, R-1AAA (Brookestone Subdivision) and PUD Low Density (Wesmere Subdivision). To the south there is an unincorporated parcel (+/- 1.4 acres) of land which is heavily treed and currently undeveloped, zoned (Orange County) A-I. Situated west across Tomyn Boulevard is a water retention pond owned by the Orlando-Orange County Expressway Authority. Currently, it is being utilized for stormwater abatement for SR 429. Further west across SR 429 is a vacant undeveloped parcel zoned (City of Winter Garden) A-I. Principal Planner Fabre gave an overview of the project. City Attorney Rosenthal read the title of the annexation ordinance. Mayor Vandergrift opened the Public Hearing. Page 4 of 14 City Commission Regular March 18, 2008 Gerald Gaestel, 2214 Blackjack Oak Street, gave a PowerPoint presentation showing previous flooding that had occurred in 1996 and the changes to the drainage they feel are necessary to keep Wesmere and Brookstone from flooding when extra runoff is added from Chateau Reserve. Paul Fogle, Engineer from Civil Design Group, said he met with property owners after the Planning and Zoning Meeting. He said the engineering of the drainage has been reviewed by the City Engineers, PEC, and the county and it meets and exceeds standards for the 100 year flood plan. He added that studies show the impact will be less in the post development condition than it is in the pre development condition. John Grilli, 2162 Blackjack Oak Street, said he has not been able to find out who dug the drainage ditch or when it was constructed. We did find out that Brookstone owns the drainage pond at the end. The pond ranges from 2-8 feet wide and is not made to be a storm drainage ditch, it is just for overflow. He is also concerned the land that is for sale south of Chateau Reserve will eventually be built on and increase the water flow in that area. He thinks the integrity of the creek behind their property will be breeched by this water flow design. Discussion regarding the property and wetlands to the south of Chateau reserve. City Attorney Rosenthal stated that is county property and would be controlled by their regulations unless it was annexed. Lengthy discussion followed regarding the drainage issues. Scott Delany, lifetime Ocoee resident, said that we need to handle the potential flood problems before we build the project, not after. Mayor Vandergrift closed the Public Hearing. Commissioner Hood, seconded bv Commissioner Johnson, moved to approve Ordinance No. 2008-002, approvina the annexation of approximatelv 8.76 acres in size and is located on the east side of Tomvn Boulevard approximatelv 255 feet south of Patriots Point Drive known as Chateau Reserve. Motion carried 5-0 The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2008-002 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 8.76 ACRES LOCATED EAST OF AND ADJACENT TO TOMYN BOULEVARD AND APPROXIMATELY 255 FEET SOUTH OF PATRIOTS POINT DRIVE; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; ANNEXING ADJACENT PUBLIC ROAD RIGHT-OF-WAY TO THE CENTERLINE THEREOF; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. City Attorney Rosenthal read the title of the rezoning ordinance. Mayor Vandergrift opened the Public Hearing. Page 5 of 14 City Commission Regular March 18, 2008 Commissioner Anderson. seconded by Commissioner Keller. moved to approve Ordinance No. 2008-004. approvina the rezonina Chateau Reserve from Oranae County A-1. "General Aariculture" to Ocoee R-1AA. "Sinale Family Dwellina." Motion carried 5-0. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2008-004 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE R-IAA, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 8.76 ACRES LOCATED EAST OF AND ADJACENT TO TOMYN BOULEVARD AND APPROXIMATELY 255 FEET SOUTH OF PATRIOTS POINT DRIVE; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Vandergrift opened the Public Hearing. Bill Berg, 2165 Blackjack Oak Street in Wesmere, concerned we are building a development in which 100 % if the water will eventually drain into the creek. There is water in there now, all year long, even during the dry season. He asked commission to take a hard look at the drainage design. R.P. Monacky, 1820 Prairie Lake Blvd., asked if any improvements have been made to the drainage since the flooding occurred in 1996 and 2004. Mayor Vandergrift said the houses withstood the flooding and no houses were flooded. There is not much more we can do to guarantee that no water will ever build up in the street in every potential situation that could occur. They are built to handle 10.5 inches in 24 hours which is more than the worst hurricanes that we have had. Richard Combs, 2204 Blackjack Oak Street, added that it is a closed subdivision and to his knowledge and the knowledge of some residents present nothing more has been done. There have been some blockages found in the system, but none in this area we are talking about tonight. City Attorney Rosenthal said there are tougher standards in HOA documents now, specifically with respect to the developer including a stormwater maintenance plan. Mayor Vandergrift closed the Public Hearing. Commissioner Johnson. seconded by Commissioner Anderson moved to approve the Preliminary Subdivision Plan as recommended by staff. with the inclusion of a tract with a 25 foot veaetative landscape buffer on lots 4. 8. 9. and 10 on the Final Subdivision Plan and Plat and extra veaetation on Lot #5. Motion carried 3-1 with Commissioner Keller opposed and Commissioner Hood absent. Page 6 of 14 City Commission Regular March 18, 2008 Amendment to the General Employees' Pension Ordinance to include Mayors and Commissioners, to include City Manager, to change Finance and Fund Management, to allow Members who reached 81 % cap to discontinue contributions and freeze benefit, to add an additional form of benefit known as PLOP (Partial Lump Sum Option), to remove the window for electing the DROP (Deferred Retirement Option Plan) and change the participation period for the DROP to 7 years, and to add the Purchase of Credited Service for Air Time. There is no financial impact for Fiscal Year 07-08, however in Fiscal Year 08-09 the City contribution to fund all of the above mentioned changes will increase from 12.5% of payroll to 12.8% of payroll or an additional $48,000. Human Resources Director Carnicella gave an overview of the changes to the General Employee Pension Ordinance. He said it is a comprehensive change with eight major items, including an extension of the drop program from five to seven years, adding PLOP option allowing a partial lump sump payment when they retire and accordingly reduce their monthly benefit. He added that there are a few items that will cost the city some money which include 1) adding the Mayor and Commission to the General Employees Pension Fund and/or paying for them to be in the Florida Retirement System, and 2) adding the City Manager to the General Employees Pension Funds and provide the five years of service; the estimated cost for those services at the worst-case-scenario is $40,000. The majority of that is for the City Manager, the cost to the City for paying for the Mayor and Commission to be in the plan is $100 per year per person. He said at this time the city contributes approximately $900,000 to the plan annually and the employees contribute approximately 500,000 (7.4% of salaries). The added benefit of increasing the pension multiplier from 2.5% to 3% last year had a worst-case-scenario estimate at $185,000 and ended up being only $47,000. This is because the Plan did better than the assumptions in two areas: the pension plan made a 9.2% return on our investments when the assumption was 8% and the employees salary increase was 1 % less than the figure used in the assumption. City Attorney Rosenthal read the title of the ordinance. Mayor Vandergrift opened the Public Hearing. Cathie Starn, 408 Kaila Court, spoke against this ordinance, in particular the change allowing elected officials to receive a pension immediately on retirement. She noted that the other employees have to wait until they are 60 to collect their regular pension. She said when elected officials ran for office they spoke of their professions and knowledge that they were bringing to the table. She said they are supposed to be public servants. She said it does not make sense because at budget time they were talking about cutting positions because of the financial condition of the City. Mr. Carnicella said that this plan for the Commissioners will cost the City $500 per year. Commissioner Hood left the meeting at 9:10 p.m. Lester Dabbs, 619 Caborca Court, wrote a letter against this ordinance, particularly against pensions for elected officials, which was read into the record by Commissioner Johnson. He stated when he was on Commission he always voted against salary and benefits increases because he always saw it as a public service position, not a career. He said he felt these types of decisions should go before a Charter Review Board. Mr. Carnicella said that approving this item does not require a Charter change. City Attorney Rosenthal said that a Charter Review Board may recommend that additional benefits be included in the Charter, but a referendum Charter change is not required for this. Page 7 of 14 City Commission Regular March 18, 2008 Mayor Vandergrift closed the Public Hearing. Lengthy discussion ensued regarding the Commission being included in the Pension Plan. Mayor VanderQrift. seconded by Commissioner Johnson moved to adopt ordinance 2008-006. amendinQ oriQinal ordinance 96-19 and all subsequent amendments. and approvinQ the chanQes to the General Employee's Pension Plan. Motion carried 3-1 with Commissioner Anderson opposed and Commissioner Hood absent. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2008-006 AN ORDINANCE OF THE CITY OF OCOEE, FLROIDA, RELATING TO THE CITY OF OCOEE MUNICPAL GENERAL EMPLOYEES' RETIREMENT TRUST FUND, ADOPTED AND RESTATED IN FULL BY ORDINANCE NUMBER 96-19; AS SUBSQUENTLY AMENDED; AMENDING SECTION, DEFINITIONS BY AMENDING THE DEFINITION OF "MEMBER" AND THE DEFINITION OF "SALARY"; AMENDING SECTION 2, MEMBERSHIP; AMENDING SECTION 4, FINANCES, AND FUND MANAGEMENT; AMENDING SECTION 5, CONTRIBUTIONS; AMENDING SECTION 8, VESTING; AMENDING SECTION 9, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 25, DEFERRED RETIREMENT OPTION PLAN; ADDING A NEW SECTION 28, PURCHASE OF CREDITED SERVICE; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PRVIDING AN EFFECTIVE DATE. I G. FIRST READING OF ORDINANCES The developer is proposing to develop 216 multi-family units, 85 ACLF units and up to 42,960 s.f. of commercial on Tract H. In order to accommodate the developer's residential plans, the City will need to annex the property and amend the LUP for Tract H. More specifically, the 202 single-family units currently approved for Parcel H will need to be changed to 216 multi-family units and 85 ACLF or ALF units. This will be accomplished by (1) converting the 202 single-family units to 202 multi-family units using the land use conversion formula and (2) recapturing the equivalent of 26 residential units for conversion to 85 ACLF units and 2 multi-family units. City Attorney Rosenthal read the title of the ordinance. Mayor Vandergrift stated that the Second Reading and Public Hearing is scheduled for April 1, 2008, at 7: 15 p.m., or as soon thereafter as may be heard. Mayor Vandergrift declared this item an emergency. City Engineer Wheeler explained the item and the nature of the emergency. He stated that because of the work being done on Lakeshore Drive we have to relocate the primary power source going to City Hall, which requires temporarily moving the pole. It is best to pay for the relocation now instead of paying of the temporary relocation now and the permanent relocation Page 8 of 14 City Commission Regular March 18, 2008 later. He said the work will be done in about five weeks, the cost is just less than $44,000, and it will have no impact on the construction project that is underway. Commissioner Anderson, seconded bv Commissioner Keller moved to approve the Relocation of Proaress Enerav Distribution System for City Hall in an amount .Q!...$43,803.47 pavable in advance. I H. REGULAR AGENDA The Bank Atlantic site is located on the south side of SR 50, west of the Chick-fil-A restaurant. The subject property was the site of the proposed Steak N' Shake restaurant. The subject property is a combination of Tract D of the Wal-Mart subdivision and the C-3 zoned property located west of Tract D. The property is currently vacant and contains a mix of mature trees and vegetation. The Bank Atlantic small-scale site plan proposes a 3,992 square foot bank with 32 parking spaces. The subject property is comprised of 1.09 acres and is zoned C- 2 (Community Commercial), and C-3 (General Commercial), with a Commercial future land use designation. In response to the rumors that they were going to sell the property and not build the bank Justin Schmidt, Attorney for Bank Atlantic, stated it is their intention to build the bank and open it for business, however he cannot say that it won't be sold down the road. Molly De Vivero, Engineer for Bank Atlantic, discussed the engineering for the traffic flow and Commissioner Johnson stated he is comfortable with the design of this project. Commissioner Anderson, seconded bv Commissioner Keller moved to approve the Bank Atlantic Waivers as recommended bv staff. Motion carried 3-0 with Mavor Vanderarift away from the dais and Commissioner Hood absent. On June 22, 2005, Code Enforcement Officer Robert Siegrist observed violations of city code on the property located at 716 Crystal Drive, Ocoee, Florida. The violations observed were dirty swimming pool water and misc. trash/debris. A Notice of Code Violation and a Notice of Hearing were sent to the property owner, Charles and Patsy Butterfield, on July 19,2005, to appear at the Code Enforcement Board on July 26,2005. A Compliance Order was issued by the Code Enforcement Board giving the Respondent until August 02, 2005, to comply or pay a fine of $250.00 per day until the property was brought into compliance. An order Imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on August 23, 2005. The fine accrued daily until the property was re-inspected on April 04, 2006, and found in compliance. The total amount of the fine is $61,000.00. The Code Enforcement Board recommended a reduction of fines to $2,000.00 if paid within 30 days of the Commission's approval or revert back to the original amount. It is staffs recommendation to support the decision made by the Code Enforcement Board. Dee, daughter-in-law of the property owner at 716 Crystal Drive, said they were not aware of the lien. Her mother in law passed in August 2006 after the home burned down and they have been trying to maintain the property by bleaching the pool and installing a fence. She said the only reason they found out about the lien was because they applied for a loan to put an overhang over the pool and cut down the trees to reduce the maintenance. Page 9 of 14 City Commission Regular March 18, 2008 Commissioner Anderson, seconded by Commissioner Johnson moved to reduce the lien to $4500, payable within 90 days, with $2500 of that beina used to install a road table on Jay Street. No vote was taken due to subsequent amendment. Commissioner Johnson, seconded by Commissioner Anderson, moved to amend to motion to increase the pay deadline to 120 days. Motion carried 4-0 with Commissioner Hood absent. Vote was taken on oriainal motion, as amended. Motion carried 4-0 with Commissioner Hood absent. Commissioner Keller asked how it can happen that this couple did not know about this lien until they went to apply for a loan. Building Official Jones stated that certified mail did go out to them and the city received proof that the letter was served. City Attorney Rosenthal added that is a requirement of the Code in order for the lien to be valid. In compliance with City Commission direction of October 2, 2007, staff is requesting a Commissioner be appointed to the Selection Committee to evaluate Statement of Qualifications received for RFQ #0802 Continuing Contracts for Landscape Architectural Services. The selection committee meeting is tentatively scheduled for Wednesday, April 16, 2008, at 10:00 a.m. Consensus of the Commission was to have Commissioner Anderson attend this RFQ Selection Committee Meetina. In December of 2007, the Commission adopted a Resolution of Intent and an Ordinance relating to the collection of a Fire Assessment Fee. To implement the fee, the City Commission must preliminarily set the level of assessment, notice all property owners in the City of the proposed assessment, and hold a public hearing to adopt a resolution setting the assessment fees. The public hearing for the Final Fee Resolution will take place at the second Commission meeting in April. The assessment fees will then be billed on the November 2008 tax bill. City Attorney Rosenthal read the title of the Preliminary Fee Resolution. Assistant City Manager Croteau explained the process thus far from the initial study by Government Services Group (GSG), the resolution of intent to use the uniform method of collection to levy a non-ad valorem assessment relating to fire services, to the ordinance imposing the fire fee that was adopted in December. The item before the commission tonight is for the adoption of the Preliminary Rate Resolution. Ms. Croteau gave a PowerPoint presentation reviewing the Fire Services Budget for FY2008/09, how costs are apportioned to the category and parcel, the preliminary fire rates, parcel exemptions and the financial impact of those exemptions, staff recommendations, and the project schedule. She explained that the agenda packet shows examples of imposing the assessment at 50% or 100% assessment, but at this time staff is recommending 60% which would be $88 per residential dwelling unit annually and create 2.2 million in revenue with commercial ($.22), industrial and warehouse ($.05), and institutional ($.31), added in. Page 10 of 14 City Commission Regular March 18,2008 She explained the possibility of exempting certain institutional tax exempt properties from the fire fee, and advised that the City currently does not exempt them from Stormwater Fees. The revenue generated at 100% would decrease by $664,790, generating revenue of 3.1 million; at 60% would it would decrease by $396,360, generating revenue of approximately 1.9 million. Staff recommends that we exempt these properties that are coded as institutional buildings on tax exempt properties by the Property Appraiser's office. Assistant City Manager Croteau explained that if the resolution in adopted tonight, the Final Resolution will take place on April 15, 2008. Notices must be mailed to all residents by March 25, 2008 which will show the intended fee and the allowable fee. Staff recommends that the Commission adopts the Preliminary Fee Resolution with fees set at 60% of the maximum, with the exemption for institutional buildings on tax exempt properties, and provide an exemption for governmental properties. Discussion ensued regarding what defines institutional, tax-exempt properties, and that some properties could have some buildings that are exempt from the fire few while other buildings would be assessed. She reiterated that the City does not make that determination, they coding is created by the Property Appraiser's office. City Attorney Rosenthal clarified that Appendix C which is in the Agenda shows fees at 100% and 50% and that will be corrected to conform with the fees shown here tonight at 60%. He also added that the resolution before them tonight does not allow for exemption of any of the properties; it would need to be amended if Commission wishes to provide that exemption. City Attorney Rosenthal explained the wording for the amendment to the resolution in order to adopt the assessment at 60% of the maximum and to provide the exemptions that were discussed which includes revisions of Section 4(N) and Appendix C, and adding new Section entitled Exemptions. Commissioner Anderson asked if we could build in an automatic annual increase, not exceeding the maximum. Assistant City Manager Croteau said she will ask GSG to confirm if that can happen, however the City, in any future year, can raise the rate to any amount that does not exceed the maximum assessment without having to go through the mail out notification process. City Attorney Rosenthal said they will look further into the automatic increase and he will assist with wording the motion to include that increase if it is allowable by law. Further discussion included paying down loans with the revenue from the Fire Fee. Commissioner Keller said he agrees, but does not think it should be tied to the motion tonight; it should be handled at budget time once the additional revenue is realized. Commissioner Keller. seconded bv Commissioner Anderson. moved to adopt Resolution 2008-004 per staff recommendations and includina the followina amendments: Section 4 (N) revised: Institutional property, including government property, whose use is exempt from ad valorem taxation under Florida law, provides facilities and uses to the ownership occupants, membership, as well as the public in general, that otherwise might be Page 11 of 14 City Commission Regular March 18,2008 required to be provided by the City and such uses thereof serve a public purpose and provide a public benefit. Therefore, it is fair and reasonable not to impose Fire Rescue Assessments upon such parcels of institutional property, including government property, whose use is wholly exempt from ad valorem taxation under Florida Law. Accordingly, no Fire Rescue Assessment shall be imposed upon a parcel of institutional property, including government property, whose use is wholly exempt from ad valorem taxation under Florida Law. Additional Language/ New Section: Exemptions: Not withstanding any provision of this resolution to the contrary, the Fire Rescue Assessment Rate Resolution shall provide that all institutional property that is owned by non profit or governmental entity and exempt from the payment of ad valorem taxes shall be exempt from the Fire Rescue Assessment. Appendix C revised - Section C-1, the dollar amount would change to $2,278,663, Section C-22 dollar amounts would change to reflect a 60% assessment which would be $88 per residential dwelling, commercial ($.22), industrial and warehouse ($.05), and institutional ($.31). No vote was taken at this time. due to subseauent amendment. Commissioner Anderson. seconded by Commissioner Keller. moved to amend the motion to add a section to the resolution that says the fire rescue assessment rate resolution will include a provision for automatic cost of Iivina adiustments. not to exceed the maximum fire rescue assessment rate if it is determined by the leaal staff and consultation with city consultants that such procedure and approach is consistent with the study and Florida Law. Motion carried 3-1 with Commissioner Johnson votina aaainst and Commissioner Hood absent. Vote was taken on the oriainal motion. as amended. Motion carried 4-0. with Commissioner Hood absent. The resolution as adopted carries the following title: RESOLUTION NO. 2008-004 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA; RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF OCOEE, FLORIDA; PROVIDING DEFINITIONS; PROVIDING LEGISLATIVE FINDINGS OF PUBLIC BENEFIT AND FAIR APPORTIONMENT; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL AND FIRE RESCUE ASSESSMENT RATE RESOLUTION; DESCRIBING THE METHOD OF ASSIGNING FIRE RESCUE ASSESSED COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF OCOEE; AUTHORIZING A PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING ADOPTION OF THE FIRE RESCUE ASSESSMENT RATE RESOLUTION AND DIRECTING THE PROVISION OF NOTICE THEREOF; PROVIDING PRELIMINARY ESTIMATED AND MAXIMUM FIRE RESCUE ASSESSMENT RATES; PROVIDING THAT THIS RESOUTION DOES NOT CONSITUTE THE FIRE RESCUE ASSESSMENT RATE RESOLTUION; RPOVIDNG FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. This item was postponed until the next meeting when all Commissioners are present. Page 12 of 14 City Commission Regular March 18,2008 I I. STAFF REPORTS City Manager Frank stated he received an e-mail today from Judie Lewis, from the Ocoee Woman's Club, thanking the Commission for their support, the ad, and the purchase of seats at their Annual Luncheon and Fashion Show. He also added he attended the event and had a wonderful evening as well as winning a door prize. I J. COMMENTS FROM COMMISSIONERS - 1) Reminder that the High School Musical play is April 24t\ 25th, and 2) Congratulated the Fire Department for getting their license for ALS and for getting an exceptional rating from the Department of Health/EMS. Commissioner Anderson inquired if in the future for the medications used by their ALS if they could have the hospitals give them back what they used or do they have to bill themselves. Fire Chief Firstner stated the Fire Department is footing that bill but traditionally they had an arrangement with Health Central Ambulance where they would change out equipment and supplies with them; however, that will be coming to an end. Due to budgetary constraints they can not afford that anymore. City Manager Frank stated this is the first that he has heard of the issue and he feels there are some options they can look at such as directly billing the patient. He will get with Fire Chief Firstner to come with something. - 1) Inquired if a person is a paramedic if they could send them through the Fire Standards. City Manager Frank stated he does not believe that would be an issue he just does not know if a paramedic who is not fire certified would be willing to work for the Fire Department. Commissioner Johnson added that if it can be done with the Police Department he does not see the difference if they did it with the Fire Department. Fire Chief Firstner stated it is a definite possibility and he knows of other fire departments that have done it and it has been successful for them. City Manager Frank stated the issue has come up and he has given the Fire Department authority to look into it so that they can recruit properly. 2) Stated for Founder's Day Rodney Adkins will be the main act and 38 Special will be the main act for Friday night. They will also have Jim Van Fleet and some other locals from the area to perform. 3) Stated that he would like to recognize a fallen veteran who lived in Ocoee and went to school in Ocoee but later moved to Winter Garden. He stated know one has given him recognition and he would like for the City to recognize them as one of ours. 1) inquired if anyone knew at what point in the process they were at with the Post Office Annex. There was not anyone present that could comment. Mayor Vandergrift stated he was told that the annex would be put on a septic tank and he thinks they should go after the Post Office to give them a grant to put sewer out their instead because it would add a great deal to their building to have sewer and not septic. City Manager Frank stated the problem is that it would cost several hundred thousand dollars to put sewer out there. Commissioner Johnson commented that the Post Office Annex is being put in the wrong place and he also believes they should run a sewer. Mayor Vandergrift stated he would like for the City to follow on his idea and contact the Post Office. He stated it can not hurt to ask. - 1) asked the City Manager to find out from Utilities when the report from the Landscaping Committee will be coming before them. 2) announced to the audience that they have a bow hunting ordinance in the works and advised anyone that may have any concerns Page 13 of 14 City Commission Regular March 18,2008 that it should be coming before them within the next couple of weeks. 3) thanked everyone who participated in the boat races. I ADJOURNMENT The meeting adjourned at lO:47p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 14 of 14