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HomeMy WebLinkAbout06-17-08 MINUTES OCOEE CITY COMMISSION June 17,2008, 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 Keller 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 (arrived 7:39 p.m.), Mayor Vandergrift, Commissioner Keller, and Commissioner Johnson. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry I B. PRESENT A TIONS AND PROCLAMATIONS Presentation - Rotary Club of Ocoee presented the City with an award of appreciation for the support that has been provided. Presentation - Certification of Heroism - Jill Murdock, thanked teenager AJ Fiola (and his sister Kristen) for saving her 30 year old son Patrick's life in a swimming pool incident. Patrick had suffered an epileptic seizure and was at the bottom of the pool and his mother was not able to get him out of the water on her own. AJ saw her struggling and assisted getting Patrick out of the pool. Patrick came out of the seizure and fully recovered. Patrick gave AJ two all-access tickets to Disney W orId. Ms. Murdock and all of the Commissioners commended AJ on being such an unselfish young man and a hero that day. I C. COMMENTS FROM CITIZENS/PUBLIC Lester Dabbs announced that passing of long time resident James Fleming and said there are no local services planned for him at this time. Mayor Vandergrift said he just heard before the meeting that American Legion Post 109 is planning a memorial service on October 11, 2008 at the Ison Center. I D. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood 1) said last year we budgeted $25,000 for Ocoee High School of which half has been paid to them, he thinks it is time to give them the other half. 2) gave sports update, 3) said the high school was broken into and a gator and Z Lawn Mower were stolen, approximately $10,000 worth of equipment. It is unknown at this time whether or not there is insurance to cover this equipment. Commissioner Hood. seconded by Commissioner Keller. moved to aive Ocoee Hiah School the second half of the arant money. $12.500 as budaeted. Motion carried 4-0. with Commissioner Anderson absent. City Commission Regular June 17,2008 Commissioner Anderson- no announcements Commissioner Johnson- no announcements Commissioner Keller 1) said the Charter Review Commission will meet again on June 25, 2008, and encouraged people to attend, 2) said that band practices will be starting earlier this year before the week before band camp and urged band students to look into actual start dates. Commissioner Hood added that many kids who want to go to summer school cannot go this year because of school cut backs; he asked people to consider any program they may have where they can give kids a summer job to help them out and give them something to do. Mayor Vandergrift- 1) said that he received a plaque from the Ocoee Bulldogs in appreciation for the City's sponsorship in the football league. 2) said that James Fleming will be missed; he was a friend and a great asset to our community, the veterans and the handicapped. Commissioner Johnson added that it was James Fleming desire to complete the veteran's memorial at the Ison Center and he would like to see that get completed in his honor. Commissioner Johnson. seconded by Commission Anderson moved to direct staff to look into aettina the Veteran's Memorial at Ison Center completed and to name the memorial after James Flemina. Commissioner Anderson said he was James Fleming's neighbor for several years and he always saw veteran's going to his home to get assistance. Jim was very knowledgeable about programs to help veterans and he assisted them with insurance and other benefits. EMERGENCY ITEM - Approval of and Authorization for the Mayor to Execute Change Order No. 1 for Phase 2 of the Lakeshore Drive Improvements project City Engineer Wheeler explained the need for the Change Order. There are several items listed in the change order, but the main expense is to take the asphalt out and place the brick back down as requested by the Commission. Of the $110,000 in the Change Order, approximately $84,000 is to recondition and replace the brick. The remainder of the money involves improvements in the boat ramp area to make it easier to put boats in the water and better handle the drainage so that it goes into our stormwater system. He said the completion date for this job is still projected for October 1, 2008. Commissioner Johnson. seconded bY Commissioner Anderson. moved to approve Chanae Order No. 1 for Phase 2 of the Lakeshore Drive Improvements proiect as recommended bY staff. Motion carried 5-0. Mayor Vandergrift said he would like to see a depth gauge at the ramp so that boaters will know what they are dealing with when the launch their boats. Mr. Wheeler said there was one out there originally, but someone ran it over. City Manager Frank said we will look into placing another one in a better location. Page 2 of9 City Commission Regular June 17,2008 I E. CONSENT AGENDA 1. Approval and Acceptance of the Regular City Commission Minutes of May 20, 2008, and June 3, 2008. (City Clerk Eikenberry) ADDroved on Consent. Motion carried 5-0. 2. Appointment to the Citizen Advisory Council for Ocoee Fire Department (CACOFD). (City Clerk Eikenberry) Members of the CACOFD serve three-year terms. Currently the CACOFD has ten (10 members and their resolution allows no less than fifteen (15) members and no more than twenty-five (25) members. One application was received from Mr. Paul Schwartz with interest in serving on the board. ADDroved on Consent. Motion carried 5-0. 3. Approval of Plat for Milton Groves. (City Engineer Wheeler) This plat is a lot split for the east 133' of Lot 78 located at the southwest comer of Bluford Avenue and Ohio Street. The residential property will be split into three residential lots. Each lot will have an approximate 90' frontage on Bluford A venue and extend west an approximate 123'. ADDroved on Consent. Motion carried 5-0. Consent Agenda Vote: Commissioner Johnson, seconded bv Commissioner Keller, moved to adoDt consent aaenda items #1 throuah #3. Motion carried 5-0. I F. PUBLIC HEARING- ORDINANCE SECOND READINGS 4. DePaiva Property. (Advertised in the Orlando Sentinel on Thursday, June 5,2008, and Thursday, June 12, 2008). (principal Planner Rumer) The subject property is located on the North side of Century Oak Dr., y.. mile west of the intersection of Bryce Drive and Clarke Road. The applicant, Dwayne Depaiva is requesting the annexation of 0.65 :l:: acres and an initial zoning from Orange County "A-I" (Citrus Rural) to the City ofOcoee "R-IA" (Single-Family Dwelling). The initial zoning requested is compatible with the surrounding lot sizes. Principal Planner Rumer gave a summary of the annexation and rezoning for the Depaiva Property. I a. Annexation Ordinance No. 2008-007 City Attorney Rosenthal read the title of the annexation ordinance. Mr. DePaiva was present for questions but did not have any comments regarding the case. Mayor Vandergrift opened the Public Hearing. Jamie Reffett began to speak on an issue not related to this annexation and the Mayor instructed her to allow them to finish this item and she could be heard later. Commissioner Anderson asked if we just put reclaimed water into Silver Glen and if so will Mr. Depaiva be using reclaimed. Engineer Wheeler said reclaimed was put in Silver Glen, but he wants to continue using his well right now. We will have to install a service line to him when he decides to use the reclaimed water. Mr. DePaiva said that he understood the application process for reclaimed water. Mayor Vandergrift closed the Public Hearing. Page 3 of9 City Commission Regular June 17,2008 Commissioner Keller. seconded by Commissioner Anderson. moved to adopt Ordinance No. 2008-007. annexina the DePaiva property located on the North side of Century Oak Dr.. % mile west of the intersection of Bryce Drive and Clarke Road. Motion carried 5-0. I b. Rezoning Ordinance No. 2008-008 City Attorney Rosenthal read the title of the rezoning ordinance. Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, Mayor Vandergrift closed the Public Hearing. Commissioner Hood. seconded by Commissioner Keller. moved to adopt Ordinance No. 2008-008. rezonina the DePaiva property from Oranae County "A- 1" (Citrus Rural) to the City of Ocoee "R-1A" (Sinale-Family Dwellinal. Motion carried 4-0 with Commissioner Johnson away from the dais. 5. Redistricting Ordinance. (Advertised in the Orlando Sentinel on Sunday, June 8, 2008). (City Clerk Eikenberry) The 2007 Redistricting Commission was appointed by the City Commission and held several meetings between January 28, 2007, and September 20, 2007, including an advertised Public Hearing on May 17, 2007, and a Joint Meeting with the City Commission on September 20, 2007. At the Joint Meeting the City Commission reviewed Board Plan 5 recommended by the Districting Commission and minor revisions were made, which created a new Plan that both Commissions agreed upon, Board Plan 6. City Attorney Rosenthal read the title of the Redistricting Ordinance. Mayor Vandergrift opened the Public Hearing. Mayor Vandergrift closed the Public Hearing. Commissioner Anderson. seconded by Commissioner Keller. moved to adopt Ordinance No. 2008-010 approvina the redistrictina of the aeoaraphical boundaries in the four sinale-member districts. Motion carried 4-0 with Commissioner Johnson away from the dais I PUBLIC COMMENTS - reopened to allow for someone who arrived late to the meeting Jamie Reffett, wife of terminated Police Chief Reffett, discussed what she felt was a wrongful termination, including three specific incidents that were higWighted in the local media. She stated that Chief Reffett asked for a report that was done by Orange County and he was refused that report. She said earlier today he was told to resign or he would be terminated. She said he was in very bad condition and she took him to a Doctor; she added that when he missed his 4:00 p.m. appointment, he was terminated. She mentioned a letter that was sent to FDLE by the Mayor. She also said that her husband worked hard and made accomplishments in the community and this was a no cause termination. She told the Commission they have the authority and control to run the City and to do what is right and that they have a lot to think about. Page 4 of9 City Commission Regular June 17, 2008 Mark Terzini, new Community Service Officer who has been in training for a few weeks and was terminated this evening at 5:00 p.m. A Lieutenant called and told him not to report back to work until HR called him. He said the only reason he was fired at the same time as Chief Reffett is because of the friendship he has with him. I G. REGULAR AGENDA 6. Discussion on Program to Implement Residential Construction & Demolition Debris Franchise. (Public Works Director Krug) The Commission directed Staff to proceed with an RFP for Commercial Solid Waste Services at the June 3, 2008, Commission meeting. The discussion preceding Commission direction included the status of franchising the residential construction & demolition debris (C & D) service. The process of establishing a residential C & D franchise involves three steps per the Florida Statutes. I)The City must send notification letters to all known and registered haulers to serve as the 45-day written notice of a public hearing for potential displaced private companies due to franchising the service. 2)The City has one year from the date of the notification letters to elect to provide a non-exclusive franchise. 3)If the City elects to franchise the service, the City would give a 3-year notice to all existing service providers of the change in service. The existing providers could operate for 3 years without providing a franchise fee to the City. At the end of the 3-year period, the franchise would become exclusive. Public Works Director Krug said the Commission gave staff direction to move forward with soliciting a franchise for commercial solid waste. One of the items brought up was the residential construction and demolition debris (Residential C&D). The City initiated the process to notice people of their intent to franchise Residential C&D in December of 2004, which set off the one year time frame which would have taken effect in three years. The City never sent the second notice that would have set the clock for the three year time frame. He stated are various options on how we can proceed and he would like direction from the Commission: 1) maintain the current system with private haulers, 2) exclusive franchise, or 3) have multiple non-exclusive franchisees. Commissioner Anderson said we should send the letters out, follow up on the process, and get it under an exclusive franchise contract or Option #2. Whoever we hire not for Commercial service would know that they could have an exclusive contract in the future. Public Works Director Krug said we would have to select the company within the next year; they would have an non-exclusive contract with the city for three years during which time private companies could still operate in the city. After that time, the contract would be exclusive and the City can provide the service, or the City could hire have an outside company handle it. Mr. Krug said we go out for bid the new franchise, it will also include Residential C&D; it has nothing to do with the current contract with Veolia. City Attorney Rosenthal said the State Statute gives protection to private businesses who are operating in the city without a franchise, so they have three years to understand that the City will be taking over. We have to follow the statutory process by the book to avoid litigation. He said the motion tonight should be to pursue that direction; no decision can be made tonight because that decision must be made after we go through the process and hold the Public Hearings. Page 5 of9 City Commission Regular June 17,2008 Commissioner Anderson. seconded by Commissioner Keller. moved to direct staff to proceed with the implementation for the procedures for the City Commission to be in the position to award an exclusive franchise for Residential Construction & Demolition Debris. Motion carried 4-1. with Mayor Vanderarift opposed. 7. Florida League of Cities Annual Conference. (City Clerk Eikenberry) a. Election of Voting Delegate Commissioner Anderson. seconded by Commissioner Keller moved to elect Mayor Vanderarift as a Votina Deleaate. and appointina Commissioner Keller as a back UP deleaate in the event that the Mayor is unable to attend. Motion carried 5-0. b. Discussion of Funds Transfer for Travel Expenses Mayor Vandergrift noted that they have run out of money in the travel expenses; he asked for a printout of what has been spend but he misplaced it. Commissioner Johnson. seconded by Commissioner Keller. moved to transfer J5000 from the Commission's Community Promotion line item to cover future travel expenses. Motion carried 5-0. 8. Endorsement of Fred Brummer for Appointment to Technical Review and Advisory Panel and the Research Review and Advisory Committee of the Department of Health. (Mayor Vandergrift) Mayor Vandergrift said the staff has drafted a letter to be signed to endorse Fred Brummer for Appointment to Technical Review and Advisory Panel and the Research Review and Advisory Committee of the Department of Health. He noted that he has been Mr. Brummer has been instrumental in the Wekiva Basin studies and the extension of SR 429, as well as fighting for the Ocoee residents and others who may have to suffer the expenses of replacing their septic tank with a higher tech mini sewer plant. Mayor Vanderarift. seconded by Commissioner Anderson. moved to send the letter endorsina Fred Brummer for Appointment to Technical Review and Advisory Panel and the Research Review and Advisory Committee of the Department of Health. Motion carried 5-0. I H. STAFF REPORTS none Page 6 of9 City Commission Regular June 17,2008 I I. COMMENTS FROM COMMISSIONERS Commissioner Johnson 1) said he forwarded the email to the City Manager regarding the fuel leaking from the garbage truck in Wesmere. He said the main problem is that the employee should not have told them they City did not have the money to fix it. Public Works Director Krug said he is not aware of that comment being made, but he has been to the site and spoken to the person mentioned in the emai1. They are looking into resolving the matter. Mayor Vandergrift said to repair the problem and bring it to the Commission as an Emergency Expenditure. 2) he asked about the Texas Roadhouse, who was given a warning about watering every day. Assistant City Manager Croteau said they were on the site and they are going to allow them to continue watering the new trees that were added after the initial landscaping was done. Commissioner Johnson said we they had to add extra landscaping because we required them to place extra landscaping on the site as a condition of the project approval. Ms. Croteau said that the required landscaping wasn't planted all at once and now they need to water everyday again. She added that is working with the restaurant on water conservation issues and Development Services Director Shadrix and Utilities Director Smith are going to work together with regard to landscape and watering requirements to avoid any miscommunications in the future. She said Roadhouse is a good community partner and they are happy to work with them on this issue. Commissioner Anderson-I) said he would like to place something on the website showing where reclaim will be placed in the future in the capital plan. City Manager Frank said they can do that but cannot include dates due to funding issues. 2) reminded Public Works Director Krug that Ocoee Hills Road is in need of a traffic signa1.3) said we need to use a bush hog on the Montgomery Property to get that leveled out. Parks and Recreation Director Hayes said they have been in there already with the bush hog and got some clearing done; he will coordinate with Utilities Director Smith to continue working on that property to get it cleared out. 4) he said the landscape pots on McKey Street look bad; we need to do a better job maintaining the plants. Commissioner Hood 1) again thanked AJ Fiola for saving Patrick's life at the swimming poo1., 2) asked how the insurance claims are going; if there have been any problems getting claims taken care of. Human Resources Director Carnicella said he had not heard any issues since a few minor ones had been taken care of. 3) asked how the clinic is doing. Human Resources Director Camicella said it is at about 75 - 80% capacity. They will be looking at the numbers to see if they are going to open the clinic for more hours. 4) asked about the lighted water fountain in front of the new Publix. Engineer Wheeler said we told them it was not a requirement to complete that in order to open the Publix; however he will contact them and ask them to expedite the fountain, if possible. Mayor Vandergrift confirmed the intersection should be open about mid July. Engineer Wheeler said that has been a good project and cooperative effort with Orange County, 5) asked if the sign pointing to Ocoee High School can be changed to reflect that they now must go straight and not to the right. Engineer Wheeler said he will advise them. 6) asked why the handball court at Vignetti is closed. Parks and Recreation Director Hayes said there are some large cracks in the concrete that are trip hazards; he will have staff give him a time frame for reopening it. Page 7 of9 City Commission Regular June 17,2008 Commissioner Johnson (continued) 3) asked about the speed bumps for Lakewood. Public Works Director Krug said they are piggybacking off of another contract and using the less expensive asphalt speed bumps from another vendor; they should be installed in the next two weeks. 4) said we have to do something about the maintenance at Hwy 50 and Maguire; we have put liens against the property but nothing is getting done; at some point we need to clean it up because it is a mess from the old Shell station all the way back. City Manager Frank said we will look into taking care of it and adding the costs to the lien, 4) residents still are asking for an update on Colony Plaza. City Attorney Rosenthal said there was a meeting last week in his office reviewing this; they need 90-120 days for notices because they are going out of the country. It appears that a hearing will be scheduled with the Code Enforcement Board in January. He said they have been working for a year at putting together the title information and tax certificate information to properly serve everyone who needs to be served. The county assisted us; there were considerable property taxes that were not paid through the county and were not bought in the certificate sale and the county decided to hold those and not put them out for bid. If they had been bought at the 18% interest, it would have cost us about $50 per tax certificate to do the research and give them the notice which would entitle them to Code Enforcement Board Hearings. That amount would have exceeded the annual taxes on those parcels. He said we are getting closer, it has been a long process, but we have operate under the assumption that there will be a circuit court appeal to the Code Enforcement Proceeding so we have been proceeding very cautiously. Commissioner Johnson said we gave them a permit to put up a fireworks tent on the same property that have liens. Development Services Director Shadrix said we have issued a permit for the tent under a specific section of the LDC, but there is other criterion that is listed under Special Events permits that did not get applied such as ingress, egress, parking, and waste disposal. They have since contacted the applicant to advise them if they intend to use the theater/strip center for those things, they need to have their express written consent to do that. The adjacent property owners have the right to press trespass charges if they do not get written consent. He said the LDC update will clean up things and prevent these types of occurrences in the future. There was further discussion about the property. Mayor Vandergrift asked if anyone has contacted the Judge about reopening the case. City Attorney Rosenthal said the Receivership is still there without a receiver. He said the last thing to happen was when we went before them a year ago, but nothing else has happened since. Commissioner Anderson asked about the Special Use permit and asked if they are meeting the requirements. Mr. Shadrix stated that they are meeting the requirements necessary by the code to possess and sell fireworks; the ones that were overlooked pertained to ingress, egress, parking, and waste disposal. The safety related aspects were signed off on by the appropriate authorities. Mayor Vandergrift 1) showed everyone one of the ties that his son made him for Father's Day. 2) said he likes the look of the flags down the main corridor and he feels we should extend the use of flags between Memorial Day and Veterans Day and add them to Maguire Road and Clarke Road. Commissioner Anderson said make sure we purchase flags that will stand up to the sun. Mavor Vandergrift, seconded bv Commissioner Keller, moved to have the flags remain UP between Memorial Dav and Veterans Dav beginning this year. Motion carried 5-0. The Mayor said it would be nice if we could find the funds to add them to Maguire Road and Clarke Road as well. Page 8 of9 City Commission Regular June 17,2008 I ADJOURNMENT The meeting was adjourned at 9:04 p.m. Attest: APPROVED: City of Ocoee Page 9 of9