Loading...
HomeMy WebLinkAboutItem #01 Approval of Minutes MINUTES REGULAR CITY COMMISSION MEETING June 16,2009,7:15 p.m. 6:45 P.M. Presentation of Awards to Drop Savers Contest Winners. (Water Conservation Coordinator Wagner) I A. CALL TO ORDER Mayo.r Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of Allegiance to the Flag, and led by Commissioner Wilsen. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnspn(absent) and Commissioner Keller. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry I B. PRESENTATIONS AND PROCLAMATIONS Presentation - The City of Ocoee Human Relations/Diversity Board: Moving Forward in 2009 - HRDB Member William Maxwell. Board Chair Maxwell gave an overview of the board's history and events planned for the future and appealed to residents to join the board. I C. <:;OMMENTS FROM CITIZENS/PUBLIC- none I D. STAFF REPORTS AND AGENDA REVIEW Police Station Update - City Manager Frank said we received the Certificate of Occupancy on the new Police Station and the move in is tentatively scheduled for June 22, 2009; be on the lookout for a grand opening event. Budget Update- City Manager Frank said preliminary numbers from the property appraiser indicate that the taxable values decreased by 10.2% or about $240,000,000 dollars, which translates to a loss of approximately 1.1 million in property tax revenue. We are also facing a 1.2 million dollar loss in other revenues such as sales tax, communication tax, etc. We are working hard to overcome the loss of revenue of over 2 million and hope to come up with some options for the commission for next year's budget. Mayor Vandergrift thanked the staff and the Commission for holding the line on spending. Recreation- Movies in the Park will be held indoors at the Beech Center in July and August to prevent cancellation due to weather; the next movie will be on July 4' 2009, Mall Cop which will start at 8:45p.m. This coming Friday will be the "Movie by the Pool", Bolt, beginning at 8:30 p.m., admission is $1.25 for adults and $,75 for children. Transfer Station- City Manager Frank said the County wants to move the Transfer Station from Good Homes Road and one of the sites they are interested in is the Ocoee Business Park at the comer of Franklin and Bowness. He stated that we sent a letter to the County expressing our concerns, but asked Commissioners to communicate with county officials talking to them about other locations. He added that the owner of that property does have some plans they do not include a transfer station. Commissioner Keller said as of their last meeting is this one or Story City Commission Regular June 16,2009 Road location in Winter Garden. Their next meeting is July 8, 2009 and the cities involved in the five remaining locations being considered are supposed to be given notice. Lake Levels - No wake zone is in effect for two more weeks. Stormwater Operations Manager Heffington discussed the issues with the lake levels and after some discussion said he does believe that the elevation on Starke Lake is now low enough to suspend the No Wake Zone emergency ordinance. Mayor Vanderarift. seconded by Commissioner Keller moved to adopt Emeraency Ordinance 2009-017 rescindina Emeraency Ordinance (2009-016) which previously created a no wake zone in Starke lake and lake Prima Vista for 30 days: Motion carried 4-0. with Commissioner Johnson absent. The Emergency Ordinance as adopted carries the following title: ORDINANCE NO. 2009-017 AN EMERGENCY ORDINANCE OF THE CITY OF OCOEE, FLORIDA RESCINDING . ORDINANCE 2009-016 WHICH CREATED A NO WAKE ZONE ON STARKE LAKE, LAKE PRIMA VISTA, AND THE INTERSECTING CANAL IN THE CITY OF OCOEE FOR A PERIOD OF THffiTY (30) DAYS; FINDING THE EXISTENCE OF AN EMERGENCY; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. I E. COMMISSIONERS ANNOUNCEMENTS Commis~ioner Keller - said the Community Grant A ward Board will accept applications between July 6 - 31, 2009. This is for grant awards from the City for up to $500 to assist on projects in your area. He asked residents to take advantage of this grant program rather than asking money directly from the Commission. Commissioner WUsen 1) said Founder's Day Market Place applications are available online, this is for the Arts and Crafts booths. Check the web site or contact Joy Wright in Community Relations. 2) said Chick Fil A is doing a food drive for the Christian Service Center between June 22-27, 2009, ending with a spirit day on June 27th where a percentage of the sales between 1 :00 - 3:00 p.m. will go to the Christian Service Center. Commissioner Hood - thanked the Fire Department "Fully Involved" program for installing a wheel chair ramp at Ms. May's house on Burnt Tree Court. Mayor Vandergrift asked that there is a press release and pictures 2 ) said he noticed the fence around the retention pond is gone at Ocoee Middle School and he is not sure if it is because of our letter but he is grateful. City Manager Frank said he believes our letter had an impact and they are sending a followup letter thanking the County for removing the fence. 3) said there will be fundraiser for Melissa Walsh from West Orange High School who had a tragic accident recently. It will be on July 25, 2009 and further details will be reported in the future. ~y-or Vandgrift read a press release about the ongoing search for missing person Tracy Ocasio. He said Texas EquuSearch is leading the search and the command center is at Vignetti Park, 1906 Adair Road, in Ocoee, and information can be obtained at www.texasequusearch.org which is being updated daily. There is an urgent request for volunteers for foot searchers, ATV's and horses. The latest that a search team will be dispatched is 2:00 p.m. due to the heat and humidity. They are also asking for contributions of water, food, money, and office supplies. Any questions contact 281-723-9996. Page 2 of9 City Commission Regular June 16,2009 I F. CONSENT AGENDA 1. Approval and Acceptance of the Regular City Commission Minutes of June 2, 2009. (City Clerk Eikenberry) Approved on Consent. Motion carried 4-0. with Commissioner Johnson absent. 2. Appointment to the Board of Adjustment. (City Clerk Eikenberry) Or.dinance No. 516 on September 15, 1970, created the Board of Adjustment to hear and decide appeals for administrative review, to hear and recommend to the City Commission variances to zoning ordinances. This Board consists of five (5) regular members and two (2) alternate members. At this time there are five (5) regular members and one (1) alternate member. Robert B. Cadle has indicated he would be interested in serving on the Board of Adjustment Board, filling the one (1) alternate member position currently open. Approved on Consent. Motion carried 4-0. with Commissioner Johnson absent. 3. Approval and Authorization to Award the Work of Modifying the Catch Basins along the West Side of Lakeshore Drive to the Firm of American Persian Engineers & Constructors, Inc. for the Amount of $10,000.00. (~ity Engineer Wheeler) When Lakeshore Drive was reconstructed in 2008 to improve drainage, the same catch basins were specified for both sides of the street. Experience since construction was completed has shown that drivers have difficulty discerning the location of catch basins installed along the parking area on the west side of Lakeshore Drive between the boat ramps and Oakland A venue. As a result, vehicles are driving across the catch basin, which involves a drop of about 8 inches from the top of the curb to the roadway's surface. The subject project will remove the two existing pre-cast catch basins for use by the City at other locations and replace them with a trench drain in the top of a Miami curb section that will match that used elsewhere on this side of the street. Approved on Consent. Motion carried 4-0. with Commissioner Johnson absent. 4. Approval and Authorization to Award the Work of Constructing the Bill Breeze Park Entrance Sign to the Firm of American Persian Engineers & Constructors, Inc. for the Amount of $9,750.00, to Award the Work of Installing Electrical Facilities Associated with that Sign and to provide Code-Compliant Electrical Service to the Founders' Day stage to the Firm of Bright Future Electric in the Amount of $6,300.00. (City Engineer Wheeler) Th'e main stage used for Founders' Day events has traditionally been connected to electric power services through the use of temporary wiring for lighting and sound. However, these temporary connections to not provide the level of public safety suitable for such a large event. With the increased size of the VIP food tent and seating area, which will be under a 30 ft. by 50 ft. tent this year, it has become imperative that a permanent wiring solution be deployed. Engineering Division staff, working with the Parks & Recreation Department, the Building Division, and other City staff, has devised a permanent solution that will reconstruct the wiring within the eastern portion of Bill Breeze Park so as to meet the needs of Founders' Day. In addition, the proposed work will reduce the number of power meters, power poles, and overhead power lines in the area. One element of the design is construction of a permanent park entrance sign near the intersection of Lakeshore Dr. and Oakland Ave. The design of this sign will set the standard for other improvements to City facilities in the area. Electrical panels for connecting power to the main stage will be mounted to the back of the sign. This item was pulled from the agenda to be heard at the next regular commission meeting on July 7, 2009. Page 3 of9 City Commission Regular June 16,2009 5. Approval of Ocoee Speed Enforcement Program Grant: Florida Department of Transportation Project # SC-09-13-22. (Police Chief Brown) $40,000.00 has been awarded to the Ocoee Police Department through a Grant from the Florida Department of Transportation. This money has been awarded to purchase speed measurement devices such as radars, speed lasers, and a speed trailer. The money will be reimbursed to the city after the purchase of the speed measuring devices. Approved on Consent. Motion carried 4-0, with Commissioner Johnson absent. 6. Approval of Recovery Act- Byrne Formula 51 % Letter. (Police Chief Brown) In order to obtain money under the Byrne Formula Grant, the chief elected officials from 51 % of the municipalities representing 51 % of the population of a county must sign a letter agreeing as to how the money will be spent. The Byrne Grant awarded Orange County $2,441,226.00. With this approval the City of Ocoee will receive $73,693.00 for a Video Surveillance System. Approved on Consent. Motion carried 4-0, with Commissioner Johnson absent. I G. FIRST READING OF ORDINANCES 7. First Reading of Ordinance Regarding Approval of the Amended, Consolidated and Restated Ordinance for the City of Ocoee Municipal General Employees' Retirement Trust Fund. (Second Reading of Ordinance and Public Hearing scheduled for July 7, 2009). (Human Resources Director Carnicella) Amendment to the General Employees' Pension Ordinance to include Internal Revenue Code changes and changes to the Uniformed Services Employment and Reemployment Rights Act, to increase the term length of the Board of Trustees from two years to four years, to require the two Board Members elected by employees be vested, and to clarify certain language and consolidate and restate all previous Ordinance amendments of the Plan into one document. City Attorney Rosenthal read the title of the ordinance and announced the second reading and public hearing will be held on July 7, 2009. Human Resources Director Carnicella advised that he is available to talk to the commissioners individually with regard to the pension changes. I H. SECOND READING OF ORDINANCE - PUBLIC HEARINGS 8. Second Reading of Ordinance Regarding Changes to the Land Development Code to Create a Lot-split Review Process and to Modify the Short-form Subdivision Review Process. (Advertised for Public Hearing in Orlando Sentinel Legal Classified on June 7, 2009). (City Engineer Wheeler) A number of lot splits and small subdivisions have occurred in recent years that presented serious obstacles to the property owner in the review and approval process without offering any benefits to the City of Ocoee and its citizens as a result of that difficult and potentially expensive review process. Gaps in the review process were also identified, such as a lack of applicant certification regarding any homeowners' association review required by restrictive covenants. Staff conducted an evaluation of the short-form subdivision review process to identify those portions of the existing process that needed to be revised so as to provide for adequate protection of the public while removing undue obstacles to the property owner's right to use his or her land. The result of that review process was a set of proposed modifications to the current Short-form Subdivision Review Process contained in ~4-4.1 of the Land Development Code of the City ofOcoee and the proposed addition of a new ~4- 4.2 for review of lot splits. Included in the recommended modifications are new application forms and lower processing fees. Page 4 of9 City Commission Regular June 16,2009 City Attorney Rosenthal read the title of the ordinance. There'was discussion with regard to a previous issue that prompted the ordinance changes which will help facilitate the lot-split process in the future. Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the Public Hearing was closed. Commissioner Hood. seconded by Commissioner Keller moved to adopt on second readina. Ordinance No. 2009-019 approvina Chanaes to the Land Development Code to Create a Lot-split Review Process and to Modify the Short- form Subdivision Review Process. Motion carried 4-0. with Commissioner Johnson absent. The ~rdinance as adopted on second reading carries the following title: ORDINANCE NO. 2009-019 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE KNOWN AS THE LAND DEVELOPMENT CODE; AMENDING SUBSECTION 4-4.1 OF ARTICLE IV OF CHAPTER 180 TO REVISE THE PROCESS FOR SHORT-FORM SUBDIVISION PLAT REVIEW; CREATING SUBSECTION 4-4.2 OF ARTICLE IV OF CHAPTER 180 TO ESTABLISH THE PROCESS FOR LOT SPLIT PLAN REVIEW; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. I I. REGULAR AGENDA 9. Approval of Request for Reduction of Fine and Release of Lien for Code Enforcement Board Case No. 01-048, Harold E. and Cathy A. Nagel- 703 Wurst Road. (Fire Chief Firstner) On September 4, 2001, Officer Bob Siegrist observed violations of city code on the property located at 703 Wurst Road, Ocoee, Florida. The violations observed were failure to obtain a permit to install a fence and enclose a garage (scope of work was exterior walls, interior walls, electrical, mechanical). The occupant was given a Notice of Violation to be in compliance by September 14,2001. Property was re-inspected and found to be in Non-Compliance and was presented before the Code Enforcement Board (CEB) meeting on October 23,2001. The CEB gave the occupant until November 27,2001, to come into compliance or receive an order of fme and lien of $250.00 per day. The property was re-inspected on November 28, 2001, found to be in Non- Compliance. An Affidavit of Compliance was completed on May 7, 2009. On May 8, 2009, a request for a re- hearing for a reduction was filed. A hearing before the CEB on May 26, 2009, was heard for a reduction offme in the amount of $594,000.00. Staff recommended a reduction in fme to the amount of $2,500.00. The CEB is recommending the fme be reduced to $500.00. Division Chief Butch Stanley gave a summary of the case. He said the board recommends that the lien be reduced to $500. There was discussion with regard to the process for following up on such cases so they don't sit for eight years without being resolved. Homeowner Harold Nagel said h~ came forward to resolve this because he was trying to refinance and the lien was brought to his attention. He said the property was brought into compliance 8 years ago and he didn't know the lien was still going. Commissioner Hood. seconded by Commissioner Keller moved approve the reduction of fine to $500 and the lien will be released if the payment is made within 30 days. Page 5 of9 City Commission Regular June 16,2009 Discussion followed with regard to the process and whose responsibility it is to follow up once a lien is placed on the property. City Attorney Rosenthal advised that the statute provides that the burden to call for re-inspection to check for code compliance is on the homeowner; creating a procedure which would have the city take on some of that burden that may create some issues enforcing the liens in the future. After the discussion a vote was taken: Motion carried 3-1. with Commissioner Johnson absent and Commissioner Wilsen opposed. 10. Appointment of Voting Delegate to the Florida League of Cities 83rd Annual C?nference. (City Clerk Eikenb~rry) Commissioner Hood. seconded by Commissioner Keller moved to appoint Commissioner Keller as the votina deleaate at the business conference at Florida Leaaue of Cities Annual Conference. Motion carried 4-0. with Commissioner Johnson absent. I J. STAFF ACTION ITEMS IEmergency Item - Woodbery Family Ltd: Stipulated Order of Taking and Final ;ITudgemment. ~ Mayor Vandergrift declared this an emergency item. City Attorney Rosenthal summarized the case with regard to a lopped water system at Arden Park which required the acquisition of an easement from the Woodbery property. He advised the Woodbery family was prepared to go to trial to challenge the need and necessity of the taking of the easement. If that happened the potential exposure to the City could have been much greater, because win or lose we may have been entitled to pay expert and consultant fees, appraisals, etc. and there was a possibility that we could lose the case. Working with staff an agreement was arrived at a $51,500 cash settlement and $30,000 of water impact fees. The Woodbery's (or any future owners) are not in the city so they can only use that credit if they annex into the city, develop the property and connect to the city system. Mayor Vandergrift asked about alternative options extending the utilities up to Clarcona Ocoee Road and the costs that would be incurred. Engineer Wheeler said constructions costs would be three times as much. Mayor Vandergrift expressed that he has an issue with because we are cutting across a piece of property with just an easement and no ownership; he stated that we have easements at this time that no one is keeping up the easement area. Commissioner Keller. seconded by Commissioner Hood. moved to approve the stipulated order of takina and final iudament for a cash settlement in the amount .Q!...$51.500 to be taken from the water and sewer capital reserves fund and $30.000 in water impact fee credits. Motion carried 3-1 with Commissioner Johnson absent and Mayor Vanderarift opposed. Page 6 of9 City Commission Regular June 16,2009 I K. COMMENTS FROM COMMISSIONERS Commissioner Kellen - Community Grant Award Board will accept applications between July 6 - 31, 2009. This is for grant awards from the City for up to $500 to assist on projects in your area. He asked residents to take advantage of this grant program rather than asking money directl)' from the Commission. COiiiIDissioner Wilsen - 1) asked that the Tiger Minor Park Tennis Courts be brought back on the next agenda so we can clarify the intentions of the Commission. Following some discussion, the consensus was that this item would be placed back on the agenda with the original back up. City Manager Frank said he needed clarification about how to do the survey as well as how to use the funds that were allocated in the budget for Tiger Minor Park. Commissioner Hood said he would like to see a price for resurfacing the courts at Vignetti, as well as the current ones at Tiger'Minor Park. City Manager Frank said thinks there should be a survey in utility bills so that we can find out what the residents want and what the interests/usage would be since they are the ones paying for the improvements. He added at that point, we can put together a program with a bond issue. Commissioner Hood asked if the survey could be done in-house and Mr. Frank stated that it can. Mayor Vandergrift said that the owner of the Recording Studio in the point at Starke Lake approached him again about selling the property to the city. A few years ago he was asking for 5 million and now he wants 3 million. The Mayor said he would like to get consensus to get an appraisal on the property and possibly negotiate to purchase it. The former owner discussed financing for five years and other options. Mavor Vanderarift. seconded bv Commission Hood moved to approve that the city aet an appraisal on the property where the recordina studio is located on the point at Starke Lake. Motion carried 4-0 with Commissioner Johnson absent. 2) asked about the rental policy at the Starke Lake pavilions. Parks and Recreation Director Hayes said they are open for rental; the cost is $10 per day for residents, $15 for non-residents; check with Parks and Recreation for availability. They are also looking into revising fees that would include hourly rentals. Commissioner Hood - 1) asked about the skate park issue, and asked Parks and Recreation Director Hayes to look at what Tavares did because they accomplished it for less than $100,000. Mr. Hayes said they have a site identified at Central Park; he will talk to Tavares. Mayor Vandergrift 1) read a letter from some children asking for speed bumps because it is dangerous in their neighborhood on Sand Pine Avenue, Commissioner Keller suggested the parents look at filling out the proper forms for traffic calming if they want that to happen. Commissioner Hood said now that the Wild Fern area has been resurfaced there is a speeding issue because they don't have to watch for the pot holes. He will look into traffic calming on that street as well. 2) asked about the Tree City Signs, Parks and Recreation Director Hayes said he will check with Public Works tomorrow to see how they are coming along, 3) said the walking lights on the north end of Starke Lake are out; also the garbage cans always have the lids wide open which cost money when water gets in. Mayor Vandergrift said he would like the City to consider cameras instead of speed humps everywhere. 4) discussed easements such as the pig Page 7 of9 City Commission Regular June 16,2009 trail, and others where years ago the city required owners to fence off the easement from their property but the city has not had to take care of them. At this time there is a dead trees in two such easements and the residents of elderly people and he feels we should take care of it. Commissioner Hood said he will get the information and see if he can get some teenagers who need community service hours to assist him with removing the trees. 5) asked for a press release on the reuse water being operable again. 6) said that we need better notification if an event such as Movie in the Park is cancelled. Parks and Recreation Director Hayes said that staff was there advising people but he will talk with them to make sure they are more visible in the future. 7) said the Police sign that says 25mph speed limit, it does not alert the cars as to what speed they are traveling, he things someone has programmed it wrong. 8) discussed looking into an RFP for attorney services for all attorneys currently serving the city. Lengthy discussion ensued with regarding the twenty year old engagement letter with Foley, looking at all City attorneys and cpmpare to what other cities are doing, clarifying attorney agreements, saving money by consolidating, decisions being the ultimate responsibility of the City Manager after hearing legal advice, providing litigation reports to the Commissioners, insurance litigation defense no longer being monitored by Foley, firing an in-house attorney, accessibility of City of Ocoee files that are kept at Foley, the recommendation of the attorney over the firing of a former City Manager, savings on usage of the attorney since City Manager Frank has been here, the benefit of 20 years of experience and concern for the City from having the same attorney, any evidence of damage to the city from judgments or actions of any of our attorneys, cost of an in-house attorney and the limited resources of not using an outside firm, whether or not we need an RFP, etc. Mayor Vandergrift said he would like to have staff look into all of our attorneys and what type of contracts we have with them. Commissioner Wilsen tried to clarify if he is looking for a list of all attorney firms and what we have spent on them. Commissioner Hood stated the Police Department and other boards such as pension would probably not want the city attorney to represent them. City Manager Frank said we don't use the labor attorney enough to make it worth while for anyone to bid on. Commissioner Wilsen. seconded by Mayor Vanderarift. moved to have City Manaaer Frank brina back a list of attorneys who work for the City and what has been spent over the last twelve months. Motion carried 4-0. with Commissioner Johnson absent. Commissioner Hood told the Mayor if he is privy to some information where he feels that poor decisions were made that hurt the City, they may need to be discussed in the open as well. Commissioner Wilsen reminded everyone that we are having the Joint Meeting with the Charter Review Commission at 6:00 p.m. prior to the July 7, 2009 regular Commission Meeting. Page 8 of9 City Commission Regular June 16,2009 I ADJOURNMENT The meeting adjourned at 9: 15 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 9 of9