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HomeMy WebLinkAbout02-03-09 MINUTES OCOEE CITY COMMISSION February 3, 2009, 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. I B. PRESENTATIONS AND PROCLAMATIONS - none I C. COMMENTS FROM CITIZENSIPUBLIC-none I D. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood 1) said student Dallas Roberts is going to have a car wash to get her Silver Award for Girl Scouts and the money she raised will be used to redo the hitting cages at the West Orange Girls complex. It will be at Ocoee Sharpening Service on Cumberland Avenue in Ocoee on February 14, 2009 at 10:00 a.m., 2) gave a sports update on the girls and boys high school soccer teams, 3) said Ocoee Little League is having a carnival on Friday, Saturday, and Sunday and they need as many volunteers as they can get to umpire 3) said the Junior Division is having tryouts at Vignetti this week on Thursday night and they are lucky to be getting the face lift at Sorenson Field with the new fence, 4) gave additional update on high school sports teams, 5) said the Soccer Club is putting on a Comedy Club event "Lip Gloss" to raise money this Friday night. Commissioner Anderson announced that the calendars are available for free at City Hall; there is a lot of good information there. The calendar also showed many current and future development projects. Commissioner Keller 1) said the Drama club Festival took place on January 29-31,2009 and Ocoee High received "Best in Show" for their one act play Quilt and for Best In Show and Critics Choice A ward for Cannon Days, which allows them to perform at the opening ceremony for the State Thespian Festival this year. Commissioner Hood added that the Science Club also won district in their competition. 2) said the City of Ocoee and HRDB board will be presenting the 4th Annual Black History Month Essay Contest. Students from several elementary schools will be here on February 18,2009 to read their essays. 3) said Ocoee Middle School and HRDB Board will offer the Orisi Risi African Folklore Performance on February 19, 2009 at the middle school. They were here four years ago and did a great program which aired on Orange TV for three years. 4) said Ocoee High School Chorus will have a concert on March 20-21,2009 with a country theme. Dance Groups Excalibur and Night Fever will be with them. Mayor Vandergrift 1) gave staff correspondence from the Florida League of Cities for the upcoming Legislative Action Day on March 24-25,2009.2 ) asked staff to look into qualifying for an award for the International Awards for Livable Communities (whole city awards, environmentally sustainable project awards, etc.) and gave staff information. City Commission Regular February 3, 2009 I E. CONSENT AGENDA Mayor Vandergrift requested that Item #1 be pulled from the agenda. Commissioner Anderson. seconded by Commissioner Keller moved to approve Consent Aaenda Items #2 - #6. as presented by staff. Motion carried 4-0. with Commissioner Johnson absent. 1. Approval and Acceptance of the Regular City Commission Minutes of January 20, 2009. (City Clerk Eikenberry) Item was voted on separately. Motion to approve carried 4-0. with Commissioner Johnson absent. 2. Approval of West RV & Boat Storage Request for I-year Extension of Preliminary/Final Site Plan Approval. (Senior Planner Howell) On February 5, 2008, the Honorable Mayor and City Commissioners approved a PreliminarylFinal Site Plan for West RV & Boat Storage. The subject property is located on the west side ofOcoee-Apopka Road, across from the West Orange Girls Club. On January 22,2009, the Development Services Department received a letter from the owner of the property requesting a I-year extension of the PreliminarylFinal Site Plan approval due to current economic situations and lack of construction fmancing. Approved on Consent. Motion carried 4-0. with Commissioner Johnson absent. 3. Approval of Pioneer Key Regional Stormwater Pond Post Design Services and Performance Efficiency Evaluation with PEC / Professional Engineering Consultants, Inc. (Public Works Director Krug) In the last fiscal year, the City completed the construction of the Pioneer Key Regional Stormwater project as a regional wet detention pond to provide retrofit water quality treatment and flood attenuation. This facility will provide treatment for the Pioneer Key mobile home communities as well as other developed and undeveloped areas along the Northwest Ditch 123-acre drainage basin in the City prior to discharge into Lake Apopka. The Department of Environmental Protection grant that funded the project construction also includes a monitoring phase to determine the effectiveness of the facility in reducing pollutant loadings that ultimately discharge into Lake Apopka. The scope of this phase requires the installation of hydrologic and water quality monitoring equipment that will collect data along with water sampling over a 6-month period. At the end of the monitoring period, a complete hydrologic and pollutant budget will be developed for the facility, and the overall performance efficiency of the system will be calculated for the evaluated parameters. Approved on Consent. Motion carried 4-0. with Commissioner Johnson absent. 4. Approval of Health Center Roof Replacement to Britt Construction, Inc., not to Exceed Amount ofS8,090.00. (Public Works Director Krug) Last fiscal year, the City remodeled an existing structure located on East Oakland A venue into a Health Center. The roof replacement on the structure was delayed at the time in order to save costs until such time as the Center created enough of a savings to fund the new roof. The Health Center has been successful in reducing the City's insurance costs, and the condition of the roof necessitates its replacement prior to another Florida rain season. The City solicited pricing from several vendors and recommend the work be awarded to the low responsive bidder, Britt Construction, Inc., not to exceed the amount of $8,090.00. Approved on Consent. Motion carried 4-0. with Commissioner Johnson absent. Page 2 of8 City Commission Regular February 3, 2009 5. Approval of Health Center Physical Therapy Expansion. (Public Works Director Krug) Last fiscal year, the City remodeled an existing structure located on East Oakland A venue into a Health Center. The Health Center has been successful in reducing the City's insurance costs, and the addition of a room for physical therapy will allow even greater savings. Team Members from the City's Building, Utilities, Human Resources and Public Works Departments have been coordinating their efforts to develop a plan that will allow City forces to enclose the carport area to accommodate physical therapy treatment. This project will require Commission authorization for the cost of materials at $15,000.00. Approved on Consent. Motion carried 4-0. with Commissioner Johnson absent. 6. Approval of Second Addendum to Consulting Agreement with SMW GeoSciences, Inc. (Utilities Director Smith) The Utilities Department utilizes the consulting services of SMW GeoSciences, Inc., for assorted projects throughout the year, such as receiving assistance for renewing the Consumptive Use Permit, researching Alternative Water Supplies and developing the Water Conservation Program. The original agreement was executed on January 17, 2006, and was authorized for two years, with a one-year extension executed on February 18,2008. Staff recommends extending the terms of the Agreement through January 17,2010. Approved on Consent. Motion carried 4-0. with Commissioner Johnson absent. Consent Agenda Vote: Commissioner Anderson. seconded by Commissioner Keller moved to approve Consent AQenda Items #2 - #6 as presented by staff. Item #1 was pulled for separate consideration. Motion carried 4-0. with Commissioner Johnson absent. Mayor Vandergrift said he pulled Item # 1, the Minutes of the January 20, 2009 Commission Meeting, because he would like to reconsider the vote that was taken as follows: Commissioner Keller. seconded by Commissioner Johnson. moved to aDDrove directinq Alcalde and Fay to move forward with the reauest of funds from the Federal Utilities and Sanitary Sewer Fund for the West Side Sewer LOOD and Lift Station Droiect and to hold a SDecial Session on Monday. January 26. at 7:00 D.m. to determine Droiects from the other four fundinq sources. Motion carried 5-0. Commissioner Keller questioned whether we needed to pull the minutes in order to reconsider this, because the minutes should be approved as written. Mayor Vandergrift stated that reconsideration would change the minutes. City Attorney Rosenthal said that is not correct, the January 20th minutes would remain the same; the minutes for tonight's meeting would reflect a reconsideration of the previous vote. Consensus was to finish with this item with regard to the lobbyist and vote on the minutes separately. Mayor Vanderarift. seconded by Commissioner Anderson. moved to reconsider the motion made on January 20. 2009. directinQ the lobbyists from Alcalde and Fay to move forward with a specific sewer proiect. City Attorney Rosenthal stated that, pursuant to the action taken at the January 20, 2009 meeting, the city has entered into an executed agreement with Alcalde and Fay; so from reconsideration standpoint that act is accomplished, however that agreement does provide that it can be terminated on a thirty day notice from the City. As to the reconsideration issue, since you have a contract that is legally binding on the City, I don't know that reconsideration can affect the validity of that executed agreement. You could make a motion to rescind that approval Page 3 of8 City Commission Regular February 3, 2009 which would accomplish the same thing. You would have to give them a thirty day notice under the terms of the agreement. Mayor Vandergrift said that he did not sign the contract with Alcalde and Fay. City Manager Frank stated that he signed the contract because that was the authorization and direction given to him by a previous vote of the Commission. Commissioner Keller agreed that his previous motion was to allow the City Manager to move forward with the selection of the firm. There was discussion with regard to the necessity of Federal lobbyists, the projects proposed at the workshop, and the gas savings money being used to pay for the lobbyists. Commissioner Anderson said that he still had some reservations about it but that he felt the needed to move forward because of the time constraints. He said that Commission gave staff marching orders with regard to this and he does not want to make any changes to the contract until we see what is happening in Washington. He stated he will be the first to ask for the 30-day notice or termination ifhe is not happy with the way Alcalde and Fay are performing. Vote was taken on the motion. Commissioner Hood said that other cities have been very successful using Federal lobbyists; Windermere got a 313% return on their money. He said the state lobbyists have not done much for us. Commissioner Anderson said the previous firm got us the Railroad Tracks and the Ison center. Commissioner Hood said he agrees that this issue was not given to the Commission under the best terms and feels they need to watch it closely, but at this time he feels they should trust what the City Manager and staff have done and let this move forward. City Manager Frank said we could have taken six months to do this, but it would have defeated the purpose of going after the Federal money that is coming available right now. Commissioner Keller stated that this is the largest Federal Lobbyist firm in the State of Florida for municipalities, so we are not going with some fly-by-night company. They have a good reputation and an excellent history for percentage of returns. He stated that next year, when they have more time they can do an RFP, but this year we have a tremendous opportunity to pull some money into this city if we act fast. Commissioner Hood said that we are fortunate the City Manager Frank had the foresight to squeeze this through quickly because if we waited a few more weeks, it would be for naught. Motion failed 1-3. with Commissioner Hood. Commissioner Anderson and Commissioner Keller opposed. I F. PUBLIC HEARINGS - SECOND READING 7. Approval of Ordinance for Change to the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund. (Postponed to the February 17, 2009, City Commission Meeting) (Human Resources Director Carnicella) This approval will be to amend the Police Officers' and Firefighters' Pension Ordinance to change the multiplier from 3.0% to 3.5% and to discontinue the $200 per month supplemental benefit (stipend) effective October 1,2008. This issue was approved by the Police Officers' and Firefighters' Pension Board and agreed to by the Police & Fire unions. The impact to the City will be $100,492. However, the Actuarial Impact Statements indicate the City's contribution to this fund will be reduced from 18.3% to 11.3% of payroll, or approximately a $380,000 savings. This reduction will happen as a result of the re-evaluation of the assumptions to this Pension Fund. Human Resources Director Carnicella briefly explained the ordinance. Page 4 of8 City Commission Regular February 3, 2009 Mayor Vandergrift announced that the second reading and public hearing on this ordinance will be postponed until the next regular Commission Meeting on February 17, 2009, so that the hearing can be properly advertised. I G. FIRST READING OF ORDINANCES 8. First Reading of Ordinances for West Colonial Parcel (a.k.a. Walia Property). (Second Reading and Public Hearing scheduledfor February 17,2009) (Senior Planner Howell) The subject property is located south of SR 50 and north of the Florida Turnpike in unincorporated Orange County. The applicant is proposing to develop a three lot commercial subdivision on the subject property. The Planning & Zoning Commission met on January 13, 2009, to consider the annexation and rezoning to C-3 (General Commercial) of the West Colonial Parcel (a.k.a. Walia Property). Following the deliberations, the members of the Planning & Zoning Commission voted unanimously to annex and rezone to C-3 the West Colonial Parcel subject to the execution of an Annexation and Developers Agreement. a. Annexation b. Rezoning City Attorney Rosenthal read the title ofthe Annexation and Rezoning Ordinances. City Attorney Rosenthal stated that he thinks the Second Reading and Public Hearing will be delayed to match up with the Preliminary Subdivision Plan (PSP) to the next meeting; it is at the request of the applicant that these items are run together. Community Services Director Shadrix said the applicant was willing to go back to the P&Z board in an attempt to get a unanimous approval, even though they did not have to do this. The items were split apart, but either way the Commission process provided that they will have the opportunity to comment when they come up. City Attorney Rosenthal said if this were to go forward without the PSP, there would have been a Development Agreement at the Second Reading which would have addressed the types of situations that the City would normally address that are different from the technical issues related to the PSP. He added that when P&Z make their recommendation, this will move forward with the Annexation, Rezoning, and PSP which will all be scheduled at the same time. Mayor Vandergrift announced that the Second Reading and Public Hearing will be announced at an advertised Public Hearing at some date in the future. I H. REGULAR AGENDA 9. Approval of Temporary Placement of RV Dump Station and Commercial Fill Station into Operation. (Utilities Director Smith) In conjunction with the construction of the Utilities Administration Building, a Recreational Vehicle (RV) Sanitary Dump Station and a commercial reclaim water fill station were installed. The stations will be available during normal operating hours and by appointment when operators are at the plant. A resolution with rates may be brought back at a later time if needed. Utilities Director Smith explained the process and fees for the RV Dump Station. He said they will monitor usage over the next several months to see what the demand is. They will bring it back at a future date, but would like to let city residents use it for fee until June and non-residents would pay $5.00. Commissioner Hood said he should be commended for the work that he has done at the new building. He suggested that the chain link fence be masked with slats or something of that nature. Mr. Smith said they were hoping to place bushes around the fence line. Mayor Vandergrift suggested using confederate jasmine on the fence. Commissioner Page 5 of8 City Commission Regular February 3, 2009 Anderson said he is concerned about leakage and the mess that could be on the road. Mr. Smith said there is a stand pipe there with a hose and we are mounting a reel there for water. Commissioner Anderson said the rate should be $.85 per thousand because all residents are paying that now. Mr. Smith said the other alternative is to just charge $5.00 for 5000 gallons. Commissioner Anderson said he would make it $1.00 per thousand gallons, with the minimum being $5.00. Commissioner Anderson. seconded by Commissioner Hood. moved to approve the temporary placement of the RV Dump Station and Commercial Fill Station per staff recommendation. amendinQ the cost to $1.00 per thousand Qallons of water. with a minimum of $~ 10. Reappointments to the Planning & Zoning Commission. (City Clerk Eikenberry) The terms of Members Jim Sills and Darlene Rhodus have expired, and they have both indicated an interest in being considered for reappointment. In 2008 Member Sills has attended 8 of 8 meetings, and Member Rhodus has attended 5 of 8 meetings. There are currently three applications from Ocoee Residents Michael Elliott, Angel de la Portilla, and Carolyn Alexander who have also indicated an interest in being a member of the Planning & Zoning Commission. Commissioner Anderson. seconded by Commissioner Keller. moved to reappoint Jim Sills and Darlene Rhodus to the PlanninQ and ZoninQ Commission for another three year term. Motion carried 3-0. with Mayor VanderQrift away from the dais and Commissioner Johnson absent. There was discussion among the Commission that the three outside applicants were all great prospects and they staff should assist them in finding a board to volunteer with. City Clerk Eikenberry advised that two of the three had taken a position on the code Enforcement Board, however their first choice was to be on Planning and Zoning. 11. March 2009 Munici al Election Issues. Ci Clerk Eikenber a. Approval of Contracts between the City of Ocoee and the Orange County Supervisor of Elections Office. Commissioner Keller. seconded by Commissioner Anderson. moved to approve the Vote ProcessinQ Eauipment Use AQreement and Election Contract and Summary of Responsibilities Contract between the City of Ocoee and the OranQe county Supervisor of Elections Office. Motion carried 4-0 with Commissioner Johnson absent. b. Discussion Regarding Canvassing Date/Time. Consensus of the Commission was to make no chanQes to the CanvassinQ Date and Time which will be on March 11. 2009. at 12:00 noon at the Supervisor of Elections Office. Discussion followed with regard to why the elections are held in March. Mayor Vandergrift said he tried to get it changed to November in the past, but the Supervisor of Elections Office does not want Municipal Elections at that time. Mayor Vandergrift asked the Clerk to look into Page 6 of8 City Commission Regular February 3, 2009 what it would take to move the Elections to November. City Clerk Eikenberry asked if he was referring to a mail ballot election. City Attorney Rosenthal added that the City could not conduct its own election on the same day is a National Election because they have all the polling location, voter information, and poll workers tied up with the larger election. Commissioner Keller suggested looking into having elections in the off years, for example 2009 and 2011, there would be a smaller congressional ballot that we may be able to fit on. 12. Direction and Discussion Regarding Sunsetting the Ocoee School Advisory Board. (City Clerk Eikenberry) Commissioner Keller explained that this board has been unable to meet for several months due to lack of quorums. He said two more members resigned from this board, leaving only three active members plus the one who was just appointed. He said there does not seem to be the participation and direction enough to keep this board going; he felt the Commission should consider disbanding this board. Commissioner Keller moved to disband the Ocoee School Advisory Board and direct the City Clerk to prepare a resolution implementina this action. No vote was taken. Discussion occurred with regard to attendance issues, no quorum for several months, and resignation of numerous board members. The consensus of the Commission was to have staff notify the active members of the Ocoee School Advisory Board and ask them if they can attend the Commission Meetina and to discuss the status of this board. I I. ST AFF REPORTS City Manager Frank said he has two tickets for the Women's Club ofOcoee 85th Annual Luncheon and Fashion Show on Saturday, March 2,2009. He said he has gone to several in the past; if no one else would like to go he will attend. Commissioner Anderson said he felt that the City Manager and Assistant City Manager should attend. I J. COMMENTS FROM COMMISSIONERS Commissioner Keller 1) reminded everyone that the City of Ocoee and HRDB board will be presenting the 4th Annual Black History Month Essay Contest. Students from several elementary schools will be here on February 18, 2009 to read their essays. 2) said Ocoee Middle School and HRDB Board will offer the Orisi Risi African Folklore Performance on February 19, 2009 a the middle school. They were here four years ago and did a great program which aired on Orange TV for three years. 3) said Ocoee High School Chorus will have a concert on March 20-21,2009 with a country theme. Dance Groups Excalibur and Night Fever will be with them. Commissioner Anderson - asked Public Works Director Krug about the speed tables on J Street. Mr. Krug said they are waiting on the Purchase Order to be approved. There was discussion about the asphalt speed bumps vs. portable. Page 70f8 City Commission Regular February 3, 2009 Commissioner Hood - 1) asked Public Works Director Krug about the paving in the circle around Little Rock Street. Mr. Krug said he is waiting on final quotes; it should be present at tone of the next two meetings. 2) asked Human Resources Director Camicella about how things are going at the Health Center since the merge with Apopka. Mr. Carnicella said it is going well; statistics show our employees are using the Apopka Health Center at about the same rate as they are using ours. He added that they are looking into extending the hours of Ocoee's Health Center. He said Apopka employees are using their center about 10%-15% more than we used ours in the opening weeks. 3) advised City Manager Frank he would be getting with him soon about the Smoking Ordinance in City Parks, 4) asked Police Chief Brown about the Noise Ordinance. Chief Brown said it is in draft form at this time and the City Attorney is reviewing it. City Attorney Rosenthal said they are trying to include language to work it in with the Police Infraction Hearing Board. 5) asked the Commission how they felt about allowing exemptions of Impact Fees for Churches and Charity Organizations. After some discussion. the consensus of the Commission was that Impact Fees for Churches and Non-profit Oraanizations should be considered on a case by case basis by the Commission. Mayor Vandergrift 1) said there is a huge pot hole over by the Discount Auto near Citrus Elementary. It is not in our city but we need to see if we can do anything about that as well as get them to better maintain the landscaping; there are trees that look like shrubs. 2) said he would like to have stafflook into getting RFPs for attorney's firms. We have one attorney for the City business and one for Police business, and he would like to put an RFP out for Attorneys Firms. Mayor Vandergrift stated, "Without objection, can the staff come back with information and recommendations on that? Does anyone want to object?" Commissioner Anderson asked if there was a particular reason he wants to do this now. He said he felt the attorneys are doing a good job, but doesn't mind looking at it. Mayor Vandergrift said that it has not been done it in about 20 years and there are several other reasons. No one else had objections. Without obiection. consensus was to direct staff to come back with information and recommendations on aettina RFPs for Attorney firms for City and Police business. I ADJOURNMENT The meeting adjourned at 8:55 p.m. Attest: APPROVED: City of Ocoee .~~\i\) ~VPv S. Scott Vandergrift, Page 80f8 u I