HomeMy WebLinkAbout07-18-06 MinutesMINUTES
OCOEE CITY COMMISSION
July 18, 2006 at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of
City Hall. Commissioner Keller gave the Invocation and Commissioner Hood the Pledge of
Allegiance to the Flag. Acting City Clerk Sibbitt called roll and declared a quorum present.
Roll Call: Mayor Vandergrift, Commissioner Hood, Commissioner Anderson, Commissioner
Johnson, and Commissioner Keller.
Also Present: City Manager Frank, City Attorney Rosenthal, and Acting City Clerk Sibbitt.
B. PRESENTATIONS AND PROCLAMATIONS
Presentation -New Valencia Community College Campus - Dr. Gaby N. Hawat, Dean
Architecture, Engineering, & Technology and Senior Project Director, New Campus
Initiatives and Economic Development Valencia Community College. (Mayor Vandergrift)
Dr. Gaby Hawat gave a presentation regarding an extension of their operations into the
Southwest area and Southeast area. The Southwest Valencia College Campus will be located
near the Orange and Lake County line in Horizon West. The proposed Southeast Valencia
College Campus will be located near Lake Nona. Dr. Gaby Hawat further announced he has
spoken with the principal of Ocoee High School and they will be offering some Valencia College
classes at the Ocoee High School starting next January.
Presentation -Skate Board Park -Tito Porrata for Tim Payne
Tito Porrata, Representative of Team Pain Enterprises, gave a PowerPoint presentation on
Skate Parks and explained what their company offers.. Commissioner Anderson stated there is
a big demand for a skate board park and is asking for City Commission to direct staff before the
budget is set. Commissioner Johnson inquired as to how much the State would be putting in.
Tito Porrata stated most likely through grants. Several concerns regarding liability issues were
addressed and Commissioner Anderson stated under Ch. 99-133 in the Florida Statute the City
does not have any additional liability then they would with any other sport they offer. A brief
discussion ensued regarding where the money would come from for a skate board park.
Commissioner Anderson, seconded by Commissioner Keller moved to have staff
come up with a recommendation and design for a Skate Park in Ocoee. Motion
failed 0-5.
Consensus of the Commission, without objection, was to have the Parks and
Recreation Advisory Board and Recreation Director get together to see how the
recreation funds should be spent, including the consideration of a Skate Park.
Proclamations - (Mayor Vandergrift)
• The First Days of School -Presented to School Board Member Jim Martin on behalf of
Karen Ardaman.
• National Night Out -August 1, 2006 -Presented to Chief Reffett.
City Commission Regular
July 18, 2006
C. COMMENTS FROM CITIZENS/PUBLIC
Rosemarie Morganto, 11012 Groveshire Court, Windermere Groves Subdivision, 1) expressed
her concerns regarding the planting that was put along Maguire Road and Old Winter Garden
Road. She further stated the weeds are higher then the planting and feels it does not look pretty
for the amount of money being spent, 2) the "Welcome to Ocoee" sign that was located on Hwy
50 by the turnpike overpass was removed due to road widening and she would like to see the
sign replaced, and 3) the median strip that was built where Bluford Ave. meets Hwy 50 is so far
out that when you go west on Hwy 50 and turn left onto Bluford you are forced to drive into the
dirt. Her request is that the median is cut back. Commissioner Johnson briefly stated it is a joy
to work with citizens like Rosemarie Morganto who tell you where there are issues on her side of
town. Commissioner Hood stated he has also talked to Rob about some of the medians in his
area and if they want it done right they need to do it themselves. He further stated he feels they
should hire a crew within the City that does nothing but medians. Commissioner Keller stated
he has also heard citizens in his area voice their concerns about the medians on Clarke Road.
Henry Morgan, 304 S. Lakeshore Drive, stated there was a discussion a few nights ago
regarding a proposed sewer project in conjunction with the reconstruction of S. Lakeshore Drive.
He stated he had spoken with Commissioner Anderson and they both thought dry lines would be
a great idea; however, some of the information from the Utilities Department was that the people
affected would be those who live on Lakeshore Drive. He further stated out of the 21
homeowners on Lakeshore Drive, 3 homeowners were adamant about the sewer system, 3
homeowners are waiting to see, 4 homeowners could not be contacted, and 11 homeowners have
signed a petition that they would like to present to Commission regarding an opposing the sewer
system. Mr. Morgan read his petition to the Commission. Commissioner Anderson stated he
only heard about the meeting Mr. Morgan is referencing to on the day it was to take place. He
further stated the meeting came about because the City was in the process of re-doing Lakeshore
Drive and they thought at the same time putting in the dry lines would save $300,000. The
meeting also had other points and they just want to discuss it with the citizens to get feedback.
Personally, he felt any septic tanks around Starke Lake are polluting the lake.
Utilities Director Smith briefly explained the process they took at the open house regarding the
proposal to install sewer lines at Lakeshore Drive. A brief discussion ensued regarding if septic
tanks around Starke Lake are polluting the lake. Mayor Vandergrift answered some of the
questions Mr. Morgan had addressed in his petition. Commissioner Anderson asked if staff
could please forward the information that was provided to the citizens during the open house to
the rest of the Commission. He further stated the only item Mr. Morgan touched on was one of
the highest priced systems and there were several other systems that were offered.
Commissioner Anderson stated they are only looking at this from the standpoint of how they
can help the environment, just as much as they help the people, since Starke Lake is the only
large lake in Ocoee other then Lake Apopka.
Wallace Wagner, 1109 Wineberry Court, said he would like to address the Commission
regarding his water bill. He briefly explained the situation he encountered in April with
replacing his septic drain field and the need to replace his sod. He further stated the charge on
his water bill was $663.00 in May and is expecting a bill for another several hundred dollars for
June. Mr. Wagner stated he would like for the Commission to speak with the Water Department
since they have ways of compensating people for unusual circumstances. He further stated he
has sent e-mails out to each Commissioner, has spoken with Cathy Sills in the Water
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City Commission Regular
July 18, 2006
Department, and has tried to speak with the manager over Cathy Sills. City Manager Frank
stated there was several hundred thousand gallons of water used and the bill only reflects the
amount of water used for that sod. Mr. Wagner briefly read water rates from different cities in
the surrounding area.
Commissioner Anderson stated he has heard from other citizens who have had issues with the
water and inquired if there was a provision in the ordinance for water rates that stated if you were
refilling a pool and/or if new sod or landscaping that resident would receive one month at the
base charge. Brief discussion ensued regarding the water rates for the placement of new sod.
Commissioner Keller stated he recalled there being a system where the resident's water bill
could be spread out so that they would not be hit with it all at the same time. Mr. Wagner stated
he was offered a payment plan but his problem is the water rate.
Without obiection, Commission would like for staff to research the water rates
and see if there was anything discussed regarding options on landscaping/sod.
Mayor Vandergrift stated that Mr. Wagner could report back to the Commission at the next
City Commission meeting.
Rick Pixler, 904 Center Street, said he would like to see speed bumps on Center Street. There
have been 20 citations since the beginning of the month on Center Street. Commissioner
Anderson said, according to the drainage design plan, there will be two new speed tables added
to Center Street after the construction of the drains. Assistant Public Works Director stated
that at present there are no traffic calming devices on the plans but she can look into it. She
further stated there is a Traffic Calming Device Policy and briefly explained the procedures that
are needed to be taken before a calming device is put in. Police Chief Reffett briefly explained
to citizens as to what they can do if they witness reckless driving.
Without obiection, Commission moved up Regular Agenda Item #11 to be heard
after the recess. Recess 9:12 - 9:20 p.m.
Commission moved up Items # 8-11 to be heard prior to Sections D and E of the Agenda.
D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Resolution Adopting a Position on Water Withdrawal from Lake Apopka. (Mayor
Vandergrift) This item was heard after Item #12.
City Attorney Rosenthal read the title of the resolution.
Manor Vandergrift, seconded by Commissioner Johnson, moved to approve
Resolution 2006-009 adopting a position opposing the withdrawal of water from
Lake Apopka. Motion carried 4-1 with Commissioner Anderson opposing.
The resolution as adopted carries the following title:
RESOLUTION NO. 2006-011
A RESOLUTION OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA,
ADOPTING A POSITION ON WATER WITHDRAWAL FROM LAKE APOPKA.
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City Commission Regular
July 18, 2006
E. CONSENT AGENDA
1. Approval and Acceptance of the Regular City Commission Minutes of June 20, 2006.
(City Clerk Eikenberry)
Approved on Consent Agenda Vote. Motion carried 5-0
2. Appointment to the Citizen Advisory Council to the Fire Department. (City Clerk
Eikenberry)
Members of the CACOFD serve three-year terms. Currently the CACOFD has eleven (11 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. Kenneth Perway with interest in serving on the board. Staff is recommending that the City
Commission appoint Kenneth Perway to the CACOFD with term ending November 2009.
Approved on Consent Agenda Vote. Motion carried 5-0
3. Approval to Award RFP#06-004 Auditing Services to McDirmit Davis & Company.
(Purchasing Agent Tolbert) Removed from Consent Agenda and heard separately.
In compliance with Florida Statutes, Section 218.391 (Auditor Selection Procedures), and the City of Ocoee
Purchasing Code, proposals were solicited from Certified Public Accounting Firms with Governmental Accounting
experience to submit a response to the City of Ocoee Request for Proposals (RFP) to provide Independent Financial
Auditing Services for the fiscal years ended September 30, 2006, 2007, and 2008. A renewal option for an additional
two years may be negotiated. The firm must be duly licensed under Florida Statutes, Chapter 473 and qualified to
conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy.
Staff recommends that the City Commission award the term contract for RFP #06-004 Auditing Services to
McDirmit Davis & Company in the amount of $28,000.00 annually and for additional auditing services, if required
by the City.
Commissioner Johnson stated he has heard through different State and National Conferences
for Cities to change their auditors every 3-4 years and he feels it is something the City should
look into. Finance Director Horton stated recommendations periodically go out to bid on
auditors. She further stated the contract they are recommending is a three-year contract with a
two-year ending period, which GFOA recommends the contract have a date certain for ending
the contract.
Commissioner Johnson, seconded by Commissioner Anderson, moved to
approve the contract with McDirmit Davis & Company for one year; and have a
committee next year with a Commissioner appointed to it. Motion carried 5-0.
4. Approval of Declaration of Surplus Property. (Purchasing Agent Tolbert) Removed
from Consent Agenda and heard separately.
Staff requests that the City Commission: 1) Declare the items listed as surplus; 2) Authorize staff to utilize EBay
Internet auction site for the indicated portion of the City's surplus property; 3) Approve George Gideon Auctioneers
for the indicated portion of the City's surplus property, authorize staff to piggyback on the Osceola County School
Board's contract with George Gideon Auctioneers, and authorize execution of a new contract between the City and
George Gideon Auctioneers by the Mayor and City Clerk for this auction only; 4) Approve the date of the City's
auction with George Gideon Auctioneers as August 19, 2006, at 9:00 a.m.; and 5)Authorize the Information Systems
Department to accept sealed bids from employees for the computer items indicated.
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City Commission Regular
July 18, 2006
Commissioner Anderson asked for staff to: 1) consider only giving half of the vehicles to E-bay
and the other half to Gideon, and 2) give the evidence to E-Bay instead of Gideon.
Commissioner Johnson stated one of the things he has been asked is to bring the auction in-
house like they used to in the Public Works Facility. He stated for now he would like to just
send it all to Gideon and next year bring it back in-house.
Commissioner Hood, seconded by Commissioner Keller, moved to approve the
declaration of surplus property, as presented by staff. Motion carried 5-0.
5. Approval of First Amendment to "As Is" Contract for Sale and Purchase Regarding the
Property Located at 31 Franklin Street. (Assistant City Manager Croteau)
On January 17, 2006, the City Commission approved that an "As Is" Contract for Sale and Purchase (the
"Contract") by which the City agreed to purchase the property located at 31 Franklin Street. Staff believed the
property was owned by Eva Black, who executed the Contract as the seller. After City approval of the Contract,
staff obtained a title report that revealed that the property was owned by Ms. Black's deceased husband, James
Black. Prior to the City being able to acquire title to the property, the estate of James Black had to probate. Staff
agreed to pay for one-half of the legal fees associated with the probate of James Black's estate, not to exceed $3,000.
The estate of James Black has since been probated, vesting title to the property in Eva Black and Mr. Black's two
daughters, Patricia Manning and Shirley Piland. The First Amendment amends the Contract as follows: (i) corrects
the reference to the seller to reflect the current owners of the property, (ii) provides that the City will pay one-half of
the legal fees associated with the probate of the estate of James Black, not to exceed $3,000, (iii) extends the closing
date to July 31, 2006 and (iv) provides that the purchase price of $60,000 will be paid in full at closing instead of by
way of installment payments over a 24-month period.
Approved on Consent Agenda Vote. Motion carried 5-0
6. Approval of Resolution to Allow for Sale and Consumption of Alcohol at Certain
Community Events. (Parks and Recreation Director Hayes) Removed from Consent
Agenda and heard separately.
The City Commission at its regular meeting on June 20, 2006, directed staff to move forward with the esolution that
would establish the policies and procedures for a Special Events Permit for Founder's Day that would allow the sale
of alcoholic beverages. City staff researched the issue to determine what other cities required for the sale of
alcoholic beverages at special events. Based upon that research, staff has developed a set of general conditions,
application, and resolution that would allow the City Commission to approve the sale and consumption of alcoholic
beverages at community events.
City Attorney Rosenthal read the title of the resolution.
Commissioner Johnson, seconded by Commissioner Keller, moved to approve
Resolution 2006-010 to allow for sale and consumption of alcohol at certain
community events, as presented by staff. Motion carried 5-0.
The resolution as adopted carries the following title:
RESOLUTION NO. 2006-010
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, TO ALLOW FOR THE SALE
AND CONSUMPTION OF ALCOHOL AT CERTAIN COMMUNITY EVENTS WHEN
AUTHORIZED IN ADVANCE BY THE CITY COMMISSION AND WHEN A VALID
LIQUOR LICENSE IS OBTAINED AND DISPLAYED; PROVIDING FOR
SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE.
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City Commission Regular
July 18, 2006
7. Approval of Change Order No. 1 -Waterside Reclaimed Water Distribution System
Project. (City Engineer Wheeler)
The Whitehill subdivision is north across White Road from Villages of West Oaks and Cambridge Village. Those
two subdivisions have been on reuse water for a number of years. The City is interested in supplying reuse water to
the southern entrance of the Whitehill subdivision and plans to install a 6 inch pipeline across White Road to provide
service to the south entrance area and for a future extension on into the subdivision. The second part of the change
order is to fmal out the Waterside project and adjust the quantities for over/under on the as bid amounts. The change
order amount to include these items is $31,601.49 with no adjustment in contract time.
Approved on Consent Agenda Vote. Motion carried 5-0
Consent Agenda Vote:
Mayor Vandergrift, seconded by Commissioner Hood moved to approve the
Consent Agenda, Items 1, 2, 5, and 7. Motion carried 5-0.
F. PUBLIC HEARINGS
8. Approval of Resolution Vacating and Abandoning a Utility and Drainage Easement at
3460 Big Eagle Drive. (Advertised Orlando Sentinel Orange Extra on Thursday, July 6, 2006).
(Principal Planner James) (This item was heard after Comments from Citizens/Public;
Prior to ConsentAgenda).
This drainage and utility easement is located at 3460 Big Eagle Drive (Parcel ID # 31-21-28-2855-01-240), and runs
in an east-west direction on the property. The southern property line has been moved to facilitate the subdivision of
the property into two parcels. Another drainage easement has been dedicated to replace this easement in order to
maintain the overall drainage system within the area. The affected utility companies and the St. Johns River Water
Management District (SJRWMD) were notified of the proposed action. There were no objections from the utilities
or the SJRWMD. Under the procedures contained in the Land Development Code, the Planning & Zoning
Commission review was not required because this proposed vacation and abandonment was less than the collector or
arterial roadway threshold needed for a P&Z Commission recommendation.
City Attorney Rosenthal read the title of the resolution.
Mayor Vandergrift opened the Public hearing and as no one wished to speak closed the Public
Hearing.
Commissioner Hood, seconded by Commissioner Johnson, moved adopt
resolution 2006-011 approving the drainage and utility easement
vacation/abandonment VAC 06-002 3460 Biq Eagle Drive, as presented by staff.
Motion carried 5-0.
The resolution as adopted carries the following title:
RESOLUTION NO. 2006-011
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND
VACATING THAT CERTAIN TEN (10) FOOT WIDE UTILITY AND DRAINAGE
EASEMENT LYING FIVE (5) FEET ON EITHER SIDE OF THE LOT LINE BETWEEN
LOTS 123 AND 124 OF PHASE 1 OF THE FORESTBROOKE SUBDIVISION, AS
DEPICTED ON THE PLAT OF FORESTBROOKE PHASE 1, RECORDED IN PLAT
BOOK 53, PAGE 124 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;
PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING
AN EFFECTIVE DATE.
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City Commission Regular
July 18, 2006
9. Approval of Line of Credit with SunTrust Bank for Financing Land Purchases.
(Advertised Orlando Sentinel Legal Classified on Saturday, July 8, 2006). (Finance Director Horton)
(This item was heard after Comments from Citizens/Public; Prior to ConsentAgenda).
Staff has identified several properties for potential purchase to be used as park sites and a police station site. The
timing of the purchases for the various sites once approved by the Commission supports the City establishing a line
of credit to facilitate speedy acquisition since funds were not included in the FY 05/06 budget for the purchases.
Staff anticipates that any funds drawn on the line of credit would be for the short term in anticipation of a larger
long- term fmancing within the next twelve months. The establishment of a line of credit would provide funding for
purchasing land as identified by staff and approved by the Commission. SunTrust Bank has extended a line of credit
up to $5,000,000. Staff recommends the Mayor and Commission approve the line of Credit for up to $5,000,000
with SunTrust Bank
City Attorney Rosenthal read the title of the resolution.
Camille Evans, Representative of Bryant, Miller, and Olive, was present to answer any
questions and thanked the Commission for allowing her to be there that evening.
Commissioner Johnson, seconded by Commissioner Anderson, moved to adopt
resolution 2006-008 authorizing the issuance of a capital improvement revenue
note, in the principal amount not to exceed $5,000,000, from SunTrust Bank for
financing of land purchases, per staff recommendation. Motion carried 5-0.
Manor Vandergrift, seconded by Commissioner Johnson, moved to reconsider
the motion. Motion carried 5-0.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Manor Vandergrift, seconded by _Commissioner Johnson moved to vote on the
motion that was reconsidered. Motion carried 5-0 with no change from the
original motion.
The resolution as adopted carries the following title:
RESOLUTION NO. 2006-008
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA; AUTHORIZING THE
ISSUANCE OF A CAPITAL IMPROVEMENT REVENUE NOTE, SERIES 2006 OF THE
CITY IN THE PRINCIPAL AMOUNT NOT TO EXCEED $5,000,000 TO FUND THE
ACQUISITION AND CONSTRUCTION OF CERTAIN CAPITAL IMPROVEMENTS OF
THE CITY; PROVIDING THAT THE NOTE SHALL BE A LIMITED OBLIGATION OF
THE CITY PAYABLE FROM NON-AD VALOREM REVENUES BUDGETED AND
APPROPRIATED AS PROVIDED HEREIN; PROVIDING FOR THE RIGHTS,
SECURITIES AND REMEDIES FOR THE OWNER OF THE NOTE; MAKING
CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
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City Commission Regular
July 18, 2006
10. Approval of Purchase of 36.97 acres at 951 Ocoee-Apopka Road for Future Wurst
Road Extension and City Park Facility. (Advertised Orlando Sentinel Legal Classified on Saturday,
July 8, 2006). (Assistant City Manager Croteau) (This item was heard after Comments
from Citizens/Public; Prior to ConsentAgenda).
Earlier this year staff was made aware that the 36.97 acres located at 951 Ocoee-Apopka Road was on the market.
This property is of interest to the City for two reasons. First, the property was sited for the future extension of Wurst
Road. Second, its size and location next to the existing softball complex make it an excellent candidate for a future
park complex. The cost for the property is $2,000,000 with the appraised price being $2,035,000. The cost for the
property and the cost for the development of the park would be paid for by current and future park impact fees. The
cost for development of the park is anticipated to be in the $2,000,000 range. The property houses an eagles' nest
and staff has worked with the U.S. Fish and Wildlife Service to insure that the future plans for the property would
not adversely impact the nest. In working with the Fish and Wildlife Service it was necessary to complete a
conceptual master plan for the park. It provides for the future extension of Wurst Road on the northern end of the
property and a softball complex on the southern portion. The proposed park would also contain picnic shelters,
restrooms, two playgrounds and two basket ball courts.
Assistant City Manager Croteau gave a brief overview of the project. Mayor Vandergrift
opened the Public Hearing. There being no one wishing to speak, Mayor Vandergrift closed
the Public Hearing.
Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve the
purchase and sale for the 36.97 acres located at 951 Ocoee-Apopka Road, as
presented by staff. Motion carried 5-0.
G. REGULAR AGENDA
11. Presentation by Child Protection Recommendation Committee Regarding a Proposed
Ordinance adding Chapter 136 -Sexual Offenders and Sexual Predators. (Deputy
Police Chief Goclon) (This item was heard after Comments from Citizens/Public; Prior to
Consent Agenda).
The Child Protection Recommendation Committee (CPRC - a citizen board authorized by the City Commission to
make recommendations to help keep children in the community safe) is deeply concerned about recent occurrences
in our state and elsewhere, whereby convicted sexual offenders and sexual predators who have been released from
custody repeat the unlawful acts for which they had originally been convicted. The CPRC recommends City
adoption of an ordinance that provides heightened protection of the lives and persons in the City of Ocoee and
would prohibit sexual offenders and sexual predators from establishing a residence within two thousand five
hundred (2,500) feet of certain locations within the City. The Child Protection Recommendation Committee
recommends that the Honorable Mayor and Board of City Commissioners adopt the proposed City Ordinance
Chapter 136 -Sexual Offenders and Sexual Predators and that the City implement a background check application
for people who volunteer for City boards and who help with City programs. The ordinance allows fora $1000.00 a
day penalty for violations of the ordinance. As violations could result in imprisonment, the cases have to be heard
by a criminal court judge. Nominal court fees may be assessed to the City if the violator is found "not guilty."
Martha Lopez-Anderson, Chairperson for the CPRC, gave a PowerPoint presentation that
covered the highlights of the proposed Sexual Offender/Predator Ordinance and the Safety
Spring Fling their board sponsored. The recommendation of the CPRC is that the Commission
passes the proposed Ordinance adding Chapter 136 to the Ocoee Code of Ordinances, implement
a background check application for people who volunteer for City boards and programs
involving children, and issue photo ID with an expiration date to all volunteers.
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City Commission Regular
July 18, 2006
Manor Vandergrift, seconded by Commissioner Keller, moved to bring Ordinance
back to the next available Agenda for first reading. Motion carried 5-0.
Mayor Vandergrift inquired if they had any thought about being asub-committee to the
CACOPD. Martha Lopez-Anderson stated John Grogan who is chairperson of the CACOPD
had expressed interest in having the CPRC members join the CACOPD as asub-committee.
Mayor Vandergrift suggested members of the CPRC be added to the CACOPD, and allowing
the membership of that board to be temporarily higher than 15 persons, until it goes back down
through attrition. He asked that the CPRC members give it some thought.
Deputy Police Chief Goclon recognized members of the CPRC with a certificate of appreciation
for all their hard work.
12. Set Workshop and Hearing Dates for the FY 06/07 Budget. (Finance Director Horton)
Workshops are held during August to discuss the proposed budget for the upcoming fiscal year. Public hearings are
required by the TRIM act and serve as a mechanism to notify the citizens of the proposed budget and allow their
input. Staff has reviewed the calendar and recommends at least two of the following dates be selected for the budget
workshops: August 14, 17, 21, 23, 24 beginning at 7:00 pm. Staff recommends the Commission select one
combination of dates from the following for the public hearings: a) September 14`i' and 28~', b) September 18`~ and
27~`, c) September 6~` and 14~`, d) September 8`" and 18~', or e) September 15~' and 25`~ beginning at 7:00 pm.
Commissioner Anderson, seconded by Commissioner Hood, moved to set the
budget workshops for FY 06/07 for August 21 ~ 24; and the Budget Public
Hearing for FY 06/07 for September 18 & 27. Motion carried 5-0.
13. Set Proposed Millage Rate for FY 06/07. (City Manager Frank)
'The TRIM timetable requires the city to advise the County Property Appraiser of the FY 2007 proposed millage rate
by August 4, 2006. The property value increase over last year is $426,655,116. One mil generates $2,064,600. The
rolled-back rate is 4.0285 per $1,000 of taxable value and would produce $8,317,242 in revenue. (This would be an
increase of $452,158 over current year revenue due to new construction) The current rate of 4.8018 per $1,000 of
taxable value would produce $9,913,795 in revenue. (This would be an increase of $2,048,711 over current year
revenue.) The city remains among the lowest in millage rates in Orange and Seminole counties. Staff recommends
the millage rate be retained at 4.8018. This would be the maximum millage rate the commission can assess at the
public hearings in September without a costly ls` class notification to all property owners in the city. The
commission can choose this millage rate or any lower rate at the fmal budget hearing in September.
Finance Director Horton explained that they must submit a proposed tentative millage rate to
the Orange County Property Appraiser by August 4, 2006. This would be the maximum millage
rate the commission can assess at the public hearings in September without a costly 1St class
notification to all property owners in the city. The commission can choose this millage rate or
any lower rate at the final budget hearing in September, but cannot go higher without the afore
mentioned notification.
Commissioner Anderson stated last year the budget was balanced at 4.59 until former Public
Works Director Zaitooni had come before them with some additional projects which raised their
rate to 4.8018. His recommendation is to send direction to staff to balance their budget at the
4.59. Commissioner Johnson stated he would like for staff to bring back to the Commission
what they think is a balanced budget with consideration of all of the new positions and projects.
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City Commission Regular
July 18, 2006
Commissioner Anderson, seconded by Commissioner Keller, moved to set the
tentative proposed millage rate for FY 06/07 at 5.0. Motion carried 4-1 with Mayor
Vandergrift opposing.
H. STAFF REPORTS
Emergency Item -Revised West Road Realignment Agreement. (City Attorney Rosenthal)
Mayor Vandergrift declared this item an emergency.
City Attorney Rosenthal stated the West Road Realignment Agreement was approved at the
June 6, 2006, meeting of the City Commission. He further stated after it was approved the
County Risk Management Department decided to add an indemnification and staff recommends
that the City Commission approve the revised agreement.
Commissioner Anderson, seconded by Commissioner Hood, moved to approve
the revised West Road Realignment Agreement, as presented by staff. Motion
carried 5-0.
Emergency Item -Approval of Agreement with Waste Management Company (WM) for
Yard Waste Disposal Services at Keene Road Facility. (Assistant Public Works Director
Elliott)
Mayor Vandergrift declared this item an emergency.
Commissioner Anderson, seconded by Commissioner Keller, moved to approve
the agreement with Waste Management Company (WM) for Yard Waste Disposal
Services at Keene Road Facility, as presented by staff. Motion carried 5-0.
City Manager Frank- stated the Jamela Water Tower that was to be taken down by Pittsburg
Tank & Tower Company at no charge is now stating that due to the state of repair that the tank is
in, they no longer want to follow through with their offer. He stated he does want to get the tank
out of there and Pittsburg Tank & Tower Company will be willing to remove it at a $24,000 cost.
Mayor Vandergrift stated he would rather put it out to bid. City Manager Frank stated if they
bid it out the City will be paying more to remove it. City Attorney Rosenthal explained to the
Commission the contracts that were signed by Pittsburg Tank & Tower Company and the legal
options they have if they chose to make Pittsburg Tank & Tower Company adhere to the signed
contract and remove the tank at no cost. Mayor Vandergrift asked for staff to give more details
as to what was wrong with the tank. Utilities Director Smith informed the Commission that
staff had not been up in the Jamela Water Tower for some years; however when the Pittsburg
Tank & Tower Company sent a set up crew to go into the facility for measurements the hatch
collapsed. He further described other issues with the tank. A brief discussion ensued regarding
the removal of the tank.
Commissioner Hood, seconded by Commissioner Johnson, moved to approve
the removal of the Jamela Water Tower at a cost of $24,000 by the Pittsburg Tank
& Tower Company, as presented by staff.
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City Commission Regular
July 18, 2006
Discussion occurred that Utilities Director Smith may be able to negotiate a lower cost with
Pittsburg Tank.
Commissioner Hood, seconded by Commissioner Johnson, moved to amend the
motion approve the removal of the Jamela Water Tower at a cost up to $24,000 by
the Pittsburg Tank & Tower Company, as presented by staff. Motion carried 5-0.
I. COMMENTS FROM COMMISSIONERS
Commissioner Keller - 1) said there is a committee being formed to work on the Ocoee High
School bleachers and they are seeking a CPA who can volunteer their time to look over their
books, 2) a resident from the Forest Oaks Subdivision indicated since they do not have a HOA
several residents are paying for the subdivision sign to be lit at night. The residents were told
that if they can get the lighting done through the City they can get a cheaper price on the electric
bill. Without obiection, Commission would like for staff to look into this, 3) this
coming Friday is his 22" Wedding Anniversary and he would like to wish his wife an early
Happy Anniversary. Assistant Public Works Director Elliott stated she could answer Mr.
Keller's question regarding the Forest Oaks lighting. She stated the City does not have discounts
with the Power Company and any resident requesting a rate would get the same rate the City
gets. Mayor Vandergrift stated the other question was how to pay the bill on a monthly basis,
where to hook it to, and the possibility to have it in-house to the City and they can pay for it
themselves. Assistant Public Works Director Elliott stated she can get with Progress Energy
to get a proposal.
Commissioner Johnson - 1) inquired about the bus report. Parks and Recreation Director
Hayes stated the bus they have is in for repair. Commissioner Johnson stated he was inquiring
about the new bus the City was to purchase for the Parks and Recreation Department. City
Manager Frank stated the bus was in the budget, but after the last commission meeting and
much discussion it seems the minutes reflect that the bus would come out of next years budget.
Commissioner Johnson stated he did not recall them deciding that.
Mayor Vandergrift, seconded by Commissioner Johnson, moved to look into the
possibility of leasing a bus prior to the budget. Motion carried 5-0.
2) said the City cemetery is out of hand and encouraged the Commission to go out and take a
look at it. He further stated they need to look over the cemetery rules again. Commissioner
Johnson stated they may need to look into forming a committee to look over the rules again and
enforcing what can and cannot be put on the graves. City Manager Frank stated the cemetery
is maintained by several departments, which include the City Clerks office, Parks and
Recreation, and Public Works. Without obiection, Commission would like for a
committee of staff formed and for them to bring back a report.
City Attorney Rosenthal read section 61-11 in the code of Ordinances. Mayor Vandergrift
stated at the very least he would like for us to identify the most offensive gravesites and send a
letter to their loved ones.
Without obiection, Commission asked for staff to take action and notify families.
Commissioner Johnson stated he would like to look into the property that is beside the
cemetery. He further stated to the east side of the cemetery there is a piece of property that he
would like for staff to look into and talk to the developer and see if they can work a deal out
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City Commission Regular
July 18, 2006
since the City is out of cemetery spaces. A brief discussion ensued regarding the expansion of
the cemetery. Commissioner Johnson stated overall they need to better maintain the Ocoee
Cemetery along with the Black Cemetery that was taken over on the north end of the City, 3)
said the sign on Jay Street where they are doing construction on Center Street keeps being taken
down and many citizens are taking that road and then needing to make u-turns onto the property
of residents on that street. Commissioner Anderson also added that many citizens are not even
aware of the construction the City is panning until the morning it happens. Assistant Public
Works Director Elliott stated she spoke with the Project Manager and they are expecting that
project to be done the beginning of August. The roadway will be open as soon as it is available
to do so. Commissioner Anderson- said his comment ties into the issue they discussed earlier
during the meeting regarding the water bill. He stated he has spoken to a lot of citizens that want
to reduce the amount of green area in their yards but the City Code is set up where it is supposed
to be with grass. If a resident chooses to put rocks in their yard or ornamental blocks the code
does not permit it so he would like for there to be a joint meeting with staff, Commission, and
homeowner's presidents (or representatives) to create an ordinance considering landscaping.
Mayor Vandergrift stated the City Attorney recalled a Landscape Committee that former
Commissioner Parker was on and he is not sure what happened to the committee.
Without objection, Commission asked for staff to look into the Landscape
Committee and see if they can revive it.
Mayor Vandergrift further stated he would contact Nancy Parker to get more information.
Commissioner Hood - 1) said his concern is not so much the rocks people put in their yard but
when they park 3-4 cars in their yard which then becomes an issue. City Manager Frank stated
there will be a Planning and Zoning Commission meeting on August 8th dealing with that issue,
2) said there are some engineer changes to the Lady Ave. project regarding extending the curbs
on some of the islands coming off of Wurst Road, and also no parking signs on the round-a-bout
on Marlene, 3) Blood Drive will be on Friday, July 21St, 4) Founder's Day Volunteer Meeting
will be on July 20th at the Jim Beech Center at 6:30 p.m., 5) Charter Review Workshop is July
27th at 6:00 p.m. and he would like for it to be televised as well as have copies provided of the
current Charter. Mayor Vandergrift asked for staff to arrange the workshop to be televised.
Commissioner Hood also asked for copies of the charter to be made and put up front for citizens
to pick up.
Without objection, Commission asked for staff to have copies of the charter
available for citizens.
6) Ocoee Little League finished up its baseball season and Senior Division won its district and
will be participating in a sectional tournament at Union Park Little League this coming weekend.
The Junior Team, which he coaches, finished runner up at 2"d place and the Major Team got beat
at the semi-finals, 7) Pop Warner football starts practice August 1St so participants need to make
sure physicals and last report cards are turned in before practice or they will not be allowed to
participate, 8) Ocoee High School will be doing physicals for $20 and forms can be picked up at
the Ocoee High School office or contact J.P. Hamilton.
Commissioner Keller -said he had a gentleman who had sent over a request that he had
purchased a 31 ft. motor home and understands the ordinance only allows 24ft so he would like
to know how he could store it. City Manager Frank stated they are reviewing a new ordinance
that will be going before Planning & Zoning on August 8th, which is requesting for the trailer
requirement to be 36ft. City Attorney Rosenthal added that will be subject to the Commission
adopting that ordinance.
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City Commission Regular
July 18, 2006
Mayor Vandergrift- 1) inquired how the Commission would like to handle the evaluation of the
City Manager. Commissioner Johnson stated he would like for City Manager Frank to do his
own and then give it to the Commission to review. Commissioner Hood stated he recalls a few
months ago receiving a survey of pay scales of City Managers in the area but they did not do
anything with it. Commissioner Johnson stated he requested the survey but thought it would be
better to deal with it during budget time. Commissioner Anderson inquired as to what time was
left on the contract. City Manager Frank stated his anniversary is July 12th but he believes the
first 15 months was treated like the first year of the contract and on October 1St of last year began
the first day of the two year extension. Commissioner Johnson stated he will have the City
Manager fill out the copy of the evaluation form that they have for City Manager's and then have
him return it back to him once completed. Commissioner Anderson stated they already have a
contract with the City Manager for a certain pay and if the Commission chooses to give him a
raise in pay they can but they contracted him with a specific pay including COLA.
Commissioner Hood stated they just spent about 3 months on bringing the staff up to where
they can retain their good people including the Police Department Union. Mayor Vandergrift
stated that they would do an evaluation whether they would give him a raise in pay or not but
they need to evaluate just as he would his staff. He further stated he has spoken to Jim
Carnicella regarding a simplified evaluation form; in the past they did a time specific evaluation.
Wit_h__out_ objection, Commission asked for staff to provide the Commission with a
copy of the City Manager's contract, both the City Manager's and emaloyee's
evaluation forms, and the recommendation list that Commissioner Johnson had
requested with pay scales of the City Manager's in the surrounding area.
Commissioner Anderson inquired as to how long it has been since they have had an employee
survey regarding specific things that have happened. He further stated he recalls there being two
employees surveys done within the last several years. 2) said for those who do not know just
three weeks ago it was voted to move Evans High School to the Evans 9th grade Center location
for a cost of $85 million. The school was said to open in 2010 but they have now decided to
move it, which means the redistricting is subject to change. He further stated it appears as if they
are trying to change the educational make-up of the school by moving it along side of the Ocoee
High School which is about a 4-5 mile distance. Mayor Vandergrift stated he is trying to look
for direction since he has received several a-mails from residents who will be putting their house
on the market to move out of town if they are rezoned for Evans High School. He would like to
see this issue put on the Charter Review agenda so they can discuss what kind of measures they
may be able to take, 3) said there is a pothole on the new road to the new High School and a
pothole on Majestic Elm, and if they could get filled in he would appreciate it.
Commissioner Anderson -said he has received numerous a-mails concerning the landscaping
on Clarke Road and he would like for someone to let the citizens watching know as to what
policies or procedures the City is using to take care of the issues. Assistant City Manager
Croteau stated Assistant Public Works Director Elliott has been working with the contractors
and they have been struggling with them so Ms. Elliott has given them to the end of July and the
City will re-evaluate their performance. They have received several complaints regarding the
areas of Clarke Road, Maguire Road, and several other City locations. It has been put in the
budget for next year to have two landscaping crews to do certain properties within the City since
they feel that is the best way to go, but they have definitely been looking into the problems and
hope to be taking care of it in the near future.
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City Commission Regular
July 18, 2006
ADJOURNMENT
The meeting was adjourned at 11:26 p.m.
Attest:
e ikenberry, City Clerk
APPROVED:
City of Ocoee
~~ ~~
S. Scott Vandergrift, Mayo
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