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HomeMy WebLinkAbout03-16-10MINUTES OCOEE CITY COMMISSION March 16, 2010, 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, followed by the Pledge of Allegiance to the Flag, and led by Commissioner Hood. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson and Commissioner Keller. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry Mayor Vandergrift acknowledged Vicky Bell from the Orange County School Board in the audience. B. PRESENTATIONS AND PROCLAMATIONS none C. COMMENTS FROM CITIZENS/PUBLIC R.P. Monacky, 1820 Prairie Lake Blvd. asked why he didn't get any notification of the referendum ballot questions on the March 9, 2010 election. Commissioner Keller explained that a sample ballot postcard was sent to him in the mail and City Attorney Rosenthal added that there was an ad in the West Orange Times. Mayor Vandergrift said staff should look into mailing out ballot questions in the future and shortening the canvassing and audit process. D. STAFF REPORTS AND AGENDA REVIEW City Manager Robert Frank gave the following report: 1. Clarke Road Rehabilitation Project -work has been delayed slightly due to procedural requirements related to the ARRA funding. It is anticipated that those issues will be resolved by tomorrow morning. Sidewalk work will begin tomorrow and extend for two weeks. Milling and resurfacing should begin on March 22"d; all work will occur from 9:00 a.m. to 4:00 p.m. as mentioned before. 2. Central Park -construction work began today with the start of demolition activity along interior roadways and Public Works helped out last week by removing the lighting power control panel. Everyone is participating and cooperating on that project. 3. Landscaping of Clarke Road from White Road to Silver Star Road -The work is proceeding with tree removal and planning bed preparation. This will be followed by installation of the irrigation system. 4. Automated Gate System at Public Works Complex -Work has begun on the system. This is the next step in unifying the card access system at the Police station and utilities treatment plant together with the Public Works Complex. City Commission Regular March 16, 2010 5. Parks and Recreation Department a. Movie in the Park -This month's movie will be held on Saturday, March 27th, at 7:45 p.m. immediately following the Spring Fling. The movie will be "Where the Wild Things Are"; the lawn area opens at 6:30 p.m., and there is no charge. b. Annual Easter Extravaganza -Saturday April 3rd at the Jim Beech Recreation Center beginning at 10:00 a.m. Free photos with the Easter Bunny for the first 200 children. There will prizes, arts and crafts, inflatables, food and refreshment. The event is free, but everyone is encouraged to bring anon-perishable food item to donate. 6. 8th Annual Best Fest Taste of West Orange (West Orange Chamber of Commerce) The event will be held on Wednesday April 7th at the Exchange in Winter Garden Village at Fowler Groves from 5:00 to 8:30 p.m. in the parking lot downtown from Best Buy. As a member in good standing, the City usually reserves a table of ten which costs $300 which is budgeted. A motion is needed to approve the reservation. C event, Best Fest Taste of West Orange. Motion carried 5-0. City Manager Frank added that if anyone in the public would like tickets to the event, they cost $31. Interested members of the public may contact Gloria Petrone, the city manager's assistant. a. Developer Incentives -Development Services Director Shadrix explained that they are looking into various options to spur development such as lowering impact fees. He stated the cornerstone of economic development is bringing good jobs into the community. He gave a PowerPoint presentation summarizing the city's transportation impact fees relative to other municipalities, have a dialogue with the developers, and proposing long and short term incentives. Consensus of the Commission is to bring back information or a proposal on implementing a Deferral Program similar to other cities, as well as other short term solutions, at the second meeting in April and then determine if a workshop needs to be held to discuss further long-term solutions. b. Florida Version of the Philadelphia Program City Attorney Rosenthal said that the Bordeaux Condominium Association spoke to the Commission in January and asked the Commission to look into the Philadelphia Residential Mortgage Foreclosure Diversion Pilot Program. He stated this program started in the court (judicial) system and summarized the program and how it was implemented. He said the Florida Supreme Court established a Task Force in March 2009; at that time there were 465,000 foreclosure cases pending statewide causing a huge backlog in the court system. The Task Force, similar to the Philadelphia Plan, identified that lack of communication between lenders and borrowers as the most significant issue affecting an early resolution of foreclosure cases and thought that early mediation would help avoid wasting resources. The task force also recommended the borrower be referred to foreclosure counseling prior to mediation and the lender needed to be available, at least by phone, during mediation. Page 2 of 11 City Commission Regular March 16, 2010 Florida Program; In December 2009, the Supreme Court issued an order adopting most of the Task Force recommendations. That program applies to residential mortgage foreclosures only, and it has to be homestead property and to certain mortgages originating under the Federal Truth in Lending organizations. The court also established standards for non-profit organizations to provide managed mediation programs, operating independent of the judicial branch. The $750 fee is paid by the lender, which would be refunded to the lender if the mediation was unsuccessful. Unlike the Philadelphia plan, the borrower can opt out of the program. The mediation occurs between 60-120 days after the suit is filed. He said the bottom line is that these cases are being handled by the judiciary on a statewide basis, not a local municipal legislative issue. Hopefully, this will facilitate better communication between borrow and lenders in the future. Development Services Director Shadrix gave an update as follows: Building Department -The department has been rearranged to make it more customer service friendly. Employees have been cross-trained to do plan reviews. They have worked hard at implementing a new permitting system for better efficiency. There has been an increase in homebuilding this year, especially with the surplus of bank-owned lots that developers are now building on. He feels once those surplus lots are no available developers will start looking at existing platted subdivisions. Planning Department- continuing plan review for PSPs on Eagle Creek and a few others. Comp Plan work will be coming before the Commission in April such as the EAR, Water Supply Plan, and the Capital Improvements Element (CIE), He said the CRA will have a lot of good things coming up such as 1) overlays for target areas: Maguire and Hwy50 , Bluford and Hwy50, and Health Central areas. The next step will be an ordinance amending the Land Development Code in April or May which will put into place flexible development standards that create a high quality urban environment. They will be asking for administrative approval of detailed site plans in target areas. He said that will make us more competitive than our neighbors because we will have three Class A sites that could be developed quickly with high standards. He discussed the CRA drafting a scope for a multi model transportation plan which will be over a year and will replace concurrency and provide a more fair and equitable way to ensure capital improvements concurrent with new development impacts. He said that he, Public Works Director Krug, CRA Manager Russ Wagner and CIP Manager Al Butler have been meeting with FDOT, Lynx and the Turnpike Authority about items affecting future transportation issues in the CRA. He stated they have been having meetings about the planning work we are doing in the CRA and making sure everyone is on the same page as they go to operational phases. They had a very productive meeting with FDOT last week with regard to the widening of SR 50. He added they have been having discussions about our event center and will be starting with a feasibility study soon. He added that West Orange County has over 200,000 people and there is no place to have a large indoor event so this is a good opportunity. This will make us very competitive. We hired a marketing consultant for the CRA. The Blackwood Avenue project will demonstrate the new era of design in Ocoee and will take into consideration the contemporary style of architecture, landscaping and lighting that will serve as a model for the rest of the CRA. Page 3 of 11 City Commission Regular March 16, 2010 Commissioner Hood asked if he has heard developers mention that banks are getting a little easier with the financing. Mr. Shadrix said he has not heard that yet, but believes it is a push/pull situation where the banks will be willing to give a little if they see us giving with E. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood 1) said the Ocoee Bulldogs Cheerleading tryouts are this Saturday at the Vignetti Center for returners, open registration will be April 10th. 2) West Orange Girls Club has an organizational meeting Monday at 6:30 p.m. to consider a girl's softball league, ages 8-50. Commissioner Wilson 1) congratulated Commissioner Johnson, Commissioner Hood, and Mayor Vandergrift on their re-elections. 2) recapped events of her first year as Commissioner; we welcomed Rose Hill Phase 2 & 3 residents, Clarke & Silver Star Road resurfacing and medians, upcoming work on Clark between White and Silver Star, reclaimed water has been brought down Blackwood to Montgomery and to Ashton Park as well as boring being done at Lakewood Commons; upcoming widening of State Road 50; Bill Breeze Park, signs and pavilions look great. 3) announced that on Saturday, March 20th the Firefighters Union is holding a St. Patty's Day festival which will benefit Building Homes for Heros. Firefighter Cory Bowles advised there will be a car show, chili cook-off, arts and crafts and live music from 9 am - 9pm 4) announced Saturday, March 27, 5th Annual Spring Fling loam -3pm. This is a free event, lots of fun and exhibits, as well as free trees, plants and rain barrels. Bring identification showing you reside in Ocoee. There is a coupon from Chick Fil-a advertising the event. Commissioner Johnson -none Commissioner Keller announced that there is still time before April 11~' to vote for Officer Jamie Byrd as America's Most Wanted AllStar at www.amw.com/allstar F. CONSENT AGENDA Commissioner Hood, seconded by Commissioner Wilsen moved to approve Consent Agenda items #3 - #14 as presented. Motion carried 5-0. Eikenberry) Approved on Consent. Motion carried 4-0, with Mavor VanderQrift absent. Appointment and Reappointments to the Community Grant Review Board. (City Clerk Eikenberry) Members of the Community Grant Review Board serve two-year terms. Three members have terms expiring March 2010, but only two wish to be reappointed. Julie Butler and Jim Sills have both stated their interest in being reappointed for another term ending March 2012. Laurie Nickels declined reappointment, hence leaving one vacant position on the board. One application was on file from Ms. Glenda Dunn with interest in serving on the for the Community Grant Review board. Staff recommends that the City Commission reappoint Julie Butler and Jim Sills and appoint Glenda Dunn to the Community Grant Review Board with terms ending March 2012. Approved on Consent. Motion carried 4-0, with Mavor Vanderarift absent. Page 4 of 11 City Commission Regular March 16, 2010 Appointment to the Code Enforcement Board and Consideration to Move an Alternate Member to Regular Member Position. (City Clerk Eikenberry) The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board is to review infractions of the City technical Codes, negotiate compliance and impose fines for failure to comply. The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members, all with three year terms. Currently, there is one (1) application on file by resident Owen Kelley (District 1). Member Elliott and Alternate Member Morton have both resigned from the board, which leaves a vacant regular and alternate member position. There is one (1) alternate member currently on the board. Chairman Godek is recommending moving up Alternate Member Osborne to the regular member position. Staff recommends that the Honorable Mayor and City Commissioners appoint Owen Kelley, as an alternate member, to serve athree-year term on the Code Enforcement Board ending June 2013, and consider moving up Alternate Member Osborne to the vacant regular member position. Approved on Consent. Motion carried 4-0, with Mavor Vandergrift absent. Approval of Special Event Permit -Request for Road and Boat Ramp Closing for F In order to temporarily close a public street, and Boat Ramp, the approval of the Honorable Mayor and City Commission is required. Mr. James Kelley has made application to the City for a Special Events Permit for a cook off that would require the temporary closing of City owned streets, and Starke Lake Boat Ramp. It would also require the use of the City Park and Community Center Parking Lot. The event will be held on March 20, 2010. The streets to be closed are a portion of N. Lakeshore Drive, and Oakland Avenue. Approved on Consent. Motion carried 4-0, with Mavor Vandergrift absent. 7. Approval of Change Order No. 3 with R.A. Scott Construction Company The project consisted of the installation of 16-inch (16") ductile iron reclaimed water main from north of Old Winter Garden Road and across S.R.50 connecting to an existing 16" reclaimed water main that was constructed as part of Ocoee Commons PUD. The S.R.50 right-of--way crossing included 16" reclaimed pipe installation within a 30" steel casing pipe. Change Order (CO) No. 1 resulted in the addition of an amount of $22,800.00 to the contract value and included the installation of 2-12" potable water valves on an existing 12" potable water main located in an easement on Health Central property. CO No. 1 was needed to satisfy easement negotiations with Health Central relating to installation of the 16" reclaimed water main and was approved by Commission on 7-21-09. Health Central has agreed to pay 'h of the $22,800.00. CO No. 2 resulted in the addition of an amount of $40,616.00 to the contract value and included the addition of an Air Release Valve (ARV) on the new 16" reclaimed main and forcemain work in the S.R.50 right-of--way at two locations. The forcemain connections were needed to completely abandon the 12" SR50 forcemain which is subject to frequent line breaks. CO No. 2 was approved by Commission on 10-6-09. Change Order (CO) No. 3, if approved by Commission, will result in a reduction in the contract value by $15,350.23. CO No. 3 includes a reconciliation of quantities and an addition of a riser on an existing fire hydrant that was requested by Utilities. Approved on Consent. Motion carried 4-0, with Mavor Vandergrift absent. Page 5 of 11 City Commission Regular March 16, 2010 8. Reassignment of Performance Efficiency Evaluation for Pioneer Key (Palm Park) Pond. (Public Works Director Krug) The EPA grant which funded the construction of the Pioneer Key Regional Stormwater Pond required the City to monitor the pond performance in reducing pollutant loadings discharging through the Northwest Ditch into Lake Apopka. The Commission approved issuing the performance efficiency evaluation work to PEC, the City's continuing services Stormwater Engineering consultant in February 2009. PEC has recently notified the City that they will not be able to perform the remainder of the work on this project. A sub consultant, Environmental Research & Design, Inc. (ERDI) was performing the majority of this specialized efficiency evaluation for PEC. Public Works recommends canceling the remainder of the purchase order with PEC for the subject work and reassigning the completion of the work directly with ERDI. $57,974.31 remains on the PEC purchase order, and ERDI only requires $49,572.06 to complete the work. Any reporting previously done by PEC would be completed by the Public Works Team. Approved on Consent. Motion carried 4-0, with Mavor Vandergrift absent. 2009-2010. (Public Works Director Krug) The Fleet Division budget for Fiscal Year 2009/2010 includes the replacement of Police car tires. The City has researched pricing and found Boulevard Tire Center provides the lowest pricing available through the Goodyear Florida Sheriffs Association and Florida Association of Counties, Bid No. 09/10-04-0120. The pricing is valid through February 28, 2011. Approved on Consent. Motion carried 4-0, with Mavor Vandergrift absent. 10. Approval to Award New Police Car Equipment Up-fit to Equiptec Corporation for a Not to Exceed Amount of $33,500. (Public Works Director Krug) The Commission approved the purchase of nine (9) new Ford Crown Victoria cars for the Police Department in the 2009-2010 budget. Part of the budgeted expense is the lighting and interior equipment required for the vehicles to be utilized as Police vehicles. The Florida Sheriff's Bid lists police car equipment packages, but does not guarantee a delivery date. Due to the cars being in-stock with a quick delivery time frame, the Police Department and Public Works solicited quotes from vendors that would meet the procurement schedule of the Department. These quotes also provided a savings for the specified equipment. Public Works recommends awarding the police car equipment up-fit to Equiptec Corporation of Apopka, for the quoted price of $3,463.74 per vehicle for a total of $31,173.66. Public Works is requesting approval of a not to exceed amount of $33,500.00 be awarded to cover any unanticipated equipment model changes from the manufacturer. Approved on Corr~ent. Nlotiot~ earriecl 4-0, ~nritY~ INayor ~/antiergrift ubserlt. Amount of $6,792. (Public Works Director Krug) The Public Works Team utilizes safe excavation procedures in accordance with OSHA requirements for Excavations and Trenches. Part of these procedures is the use of a "shield system" or trench box to keep the sides of an excavation from caving in on Team Members. The City has rented trench boxes in the past for deep repairs, however in emergency situations a box cannot be obtained in a timely manner. The Public Works Stormwater Division solicited pricing to purchase an adjustable trench box in order to avoid further rental costs and have immediate availability should an emergency need arise for an excavation requiring trench protection. Public Works recommends approving the purchase of an 8'x10' adjustable trench shield with Professional Shoring & Supply per their attached quote for $6,792.00, which includes trench safety training. Approved on Consent. Motion carried 4-0, with Mavor Vandergrift absent. Page 6 of 11 City Commission Regular March 16, 2010 . Approval of New HVAC Unit for Police Station with Apple Air Conditioning and A sixteen (16) year old HVAC unit at the Police Station has failed and requires replacement. Public Works solicited a price to replace the unit from the City's continuing services HVAC contractor, Apple Air Conditioning and Heating, Inc. Public Works has verified that the proposed cost of $6,058.00 is fair and reasonable for a five (5) ton unit. Public Works recommends awarding the HVAC unit replacement to Apple Air Conditioning and Heating, Inc., for the amount of $6,058.00. Approved on Consent. Motion carried 4-0, with Mavor Vandergrift absent. 13. Approval of Change Order No. 1 to Kruger SCADA Project. (Utilities Director Smith) On October 20, 2009, City Commission approved the technology upgrade to the Ocoee Wastewater Plant. I. Kruger, Inc., the patent hold for the plant's bioprocess, was hired to replace both the PLC (Programmable Logic Controller) and SCADA (Supervisory Control and Data Acquisition) operator's station computer, which also included all programming and implementation. During Kruger's work, it was noted that the existing alarm notification system was based on an outdated dial-up modem (Hayes 28,800 bps) and could be replaced during the work using aweb-type system that will send notices by way of emails and/or audio (computer generated) voicemails or text messages. If the work was completed during Kruger's current mobilization, the City would save the cost of remobilization and reprogramming. Kruger was directed to and has completed the alarm notification upgrade. Staff is recommending approval to execute a change order to Kruger, Inc. for the Programmable Logic Controller/Supervisory Control And Data Acquisition Computers and associated programming upgrades to include the upgrade of the plant's emergency notification system in the amount of $2,276 which increases the original contract amount from $243,600 to $245,876. Approved on Consent. Motion carried 4-0, with Mavor Vandergrift absent. 14. Approval of Exchange of Exclusive Utilities Easement for Water Service. (Utilities Director Smith) The Utilities Department is proposing a future water system improvement consisting of an internal looping project. The loop will begin at the end of Roberts Rise Road and extend to West Road near Rewis Avenue. The project will provide system interconnection south of the Florida Railroad which should lead to greater system reliability and improved pressure. To accomplish the looping project, the City will need to procure fifteen foot easements covering three properties. Currently, two parcels, 240 & 272 E. Silver Star Rd, have agreed to grant easements to the City in exchange for the City to provide water service at no cost to the property owners. The property owners understand the initial service may be temporary until the line is built and must be in an acceptable format to both staff and City Attorney. The actual timing of the main construction will be subject to receipt of all easements and funding resources, and initial water service may be by 2" service line from West Road. a. 240 E. Silver Star Road -Hopper Easement b. 272 E. Silver Star Road - Rogers Easement Approved on Consent. Motion carried 4-0, with Mavor Vandergrift absent. Page 7 of 11 City Commission Regular March 16, 2010 G. SECOND READING OF ORDINANCE -PUBLIC HEARING Thursday, March 4, 2010. Public Hearing scheduled at 7:15 p. m. or soon thereafter). (Principal Planner Fabre) Due to the current economic conditions, City Staff is proposing an Amendment to the City of Ocoee Land. Development Code relating to adoption of a new section (Section 4-12) for Chapter 180 which extends certain previously approved Preliminary & Final Plans until March 1, 2012. The time extensions would apply for any Preliminary & Final Plans approved by the City Commission after January 1, 2005, and prior to March 1, 2010, which has not obtained approval of a Final Site/Subdivision Plan (for either the entire project or the approved first phase) and/or commence construction as of March 1, 2010. City Attorney Rosenthal read the title of the ordinance. Development Services Director Shadrix gave a brief explanation of the amendment. Mayor Pro Tem Keller opened the Public Hearing. There being no one wishing to speak, the Public Hearing was closed. Commissioner Hood, seconded by Commissioner Johnson, moved to approve Ordinance No. 2010-002, amending the Land Development Code relating to the Extension of Preliminary & Final Subdivision/Site Plan approvals approved by the Commission between January 1, 2005 and March 1, 2010, as recommended by staff. Motion carried 4-0, with Mayor Vandergrift absent. The Ordinance as adopted on second reading carries the following caption: ORDINANCE NO. 2010-002 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ADOPTING A NEW SECTION 4-12 OF CHAPTER 180 OF THE OCOEE CITY CODE LAND DEVELOPMENT CODE WHICH EXTENDS UNTIL MARCH 1, 2012 CERTAIN PREVIOUSLY APPROVED PRELIMINARY SITE PLANS, PRELIMINARY SUBDNISIONS PLANS, FINAL SITE PLANS AND FINAL SUBDIVISION PLANS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. H. REGULAR AGENDA 16. Election of Mayor Pro Tem. (City Clerk Eikenberry) Commissioner Keller, seconded by Commissioner Hood, moved to appoint Commissioner Johnson as Mayor pro tem for the following year. Motion carried 4- 0, with Mayor Vandergrift absent. Page 8 of 11 City Commission Regular March 16, 2010 17. Appointment of Commission Liaison to Various Boards. (City Clerk Eikenberry) Commissioner Johnson, seconded by Commissioner Wilsen, moved make the Board appointments as listed .Motion carried 4-0, with Mayor Vandergrift absent. Parks and Recreation Board -Commissioner Wilsen Citizens Advisory Board for the Police Department-Commissioner Keller Citizens Advisory Board for the Fire Department-Commissioner Johnson Human Relations Diversity Board- Commissioner Hood Personnel Board -Commissioner Johnson Tri-County League of Cities -Commissioner Wilsen West Orange Airport Authority-William Maxwell W.O. Chamber of Commerce -City Manager Frank to continue term at November renewal MetroPlan Advisory Board- Commissioner Keller West Orange Health Alliance- Commissioner Wilsen I. STAFF ACTION ITEMS- None ~ J. COMMENTS FROM COMMISSIONERS ~ Commissioner Johnson - 1) stated that there is a major problem with residents of Oak Forest Apartments (near Wal-mart) trying to get through that intersection on foot or in wheelchairs; it is a dangerous situation and there are 400 units in there. He further inquired as to what is the distance between the lots between the Police Station and the light leading up to the first entrance to Oak Forest Apartments. He inquired if a flashing pedestrian light could be installed. City Manager Frank stated he had questioned if there may be a Developer's Agreement that would have warranted an additional light at that intersection at some point. City Attorney Rosenthal stated he does not believe so. City Manager Frank stated he will have staff look into it. Commissioner Hood suggested that we check to see if Wal Mart would like to assist in getting something done. 2) stated they did take care of the speed limit sign right over the hill near Tomyn Road; however, just south of there is another area still in the school zone section that he would like for him to take a look at. Public Works Director Krug stated he would go by tomorrow to take a look at it. Commissioner Johnson thanked Public Works Director Krug for taking care of the issues he has presented to him thus far. 3) wanted to comment about the election and thank everyone who voted and came out. He further stated he wanted to address the residents that did not come out and vote. It is serious to him that they should at least get 10% voter participation out of the City. Just his district has 4,500 voters. Would like to address the issues on why voters do not go out to vote. Commissioner Johnson stated he feels one issue may be not having a voting location out on the south side of town such as a fire station location. Commissioner Johnson further announced he has sent out a letter to the state's election office regarding the election and some things that had been said by his opponet during this election. He further stated he takes pride in working for the citizens and being in office. This will be 25 years in office when he finishes this term and it appalls him that people can say the things they say and do the things they do. All of our current commissioners are up here to work for the city. He appreciates the votes. Commissioner Wilsen - 1) announced that all eight of the amendments passed that were on the ballot. 2) inquired from Deputy Fire Chief Stanley if an update could be given on the Samantha property. Deputy Fire Chief Stanley stated that they have not had any luck with Bank of Page 9 of 11 City Commission Regular March 16, 2010 America with regard to any correspondences on demolition. He stated back in 2009 the Code Enforcement Board ordered a demolition for the property and they currently have ongoing situations that have been occurring with the property. City Manager Frank stated that the issue is that demolition would cost $7500-$11,500, which the City has not budgeted. He further stated the Commission does have the prerogative to take the money out of contingency to tear it down should they chose to. Commissioner Johnson stated there are other homes that have been burnt and still remain up such as the one in the trailer park. Deputy Fire Chief Stanley stated that property has about a week to do something or it will be considered for demolition as well. Commissioner Wilsen stated her concern is that it has been standing for about a year. City Manager Frank stated if the Commission chooses to use the contingency fund he believes they can lien the cost to the property. City Attorney Rosenthal stated the only question is that if the bank has not taken title and the City spends the money then it is possible that the lien will be inferior to the mortgage of the bank and then can be wiped out with the foreclosure. He further stated he has not looked at the facts for this case but wanted them to be aware of this. Deputy Fire Chief Stanley stated he wanted the Commission to be aware that they are also having the same situation with 504 Withers Court. He further stated he has three bids for demolition with the lowest being $7500-$7600 and he can certainly call the contractors to make they will still honor the price. Commissioner Hood inquired if staff would be allowed to go back and collect all the information regarding the demolition to bring back to the next meeting. City Manager Frank inquired if they would like staff to bring numbers on the two houses or just the one. Commissioner Keller stated that without objection he would like to bring back information on both properties. Commissioner Johnson asked for the Paul Day item they discussed regarding the trailer park is put on the next agenda. 2) stated she would like for them to consider aligning their Commissioner's Travel Policy with the Employee's Travel Policy and she would like to have the City Manager to explore that for them. Commissioner Hood stated that was going to discuss the travel policy also and asked whether they need to appoint a charter committee to review that as well as residential requirements for commissioners. City Attorney Rosenthal stated they do not formally need to form a Charter Review Commission to propose a charter amendment. It is required every ten years to look over the charter but he does not believe it took away their power to independently initiate charter amendments. Commissioner Wilsen inquired if the new amendment passed would now require that amendments have to go before the citizens. City Attorney Rosenthal stated that would only be charter amendments from the Charter Review Commission but he doesn't believe that would preclude their ability to also send charter questions directly to the citizens. Commissioner Wilsen inquired if there is a possibility that they get professional help such as the City of Winter Garden did. City Attorney Rosenthal stated that their charter provision on the residency subject is not unusual and is the same provision that applies to member of the U.S. Congress and State Senate. There are also constitutional limitations on the residency requirement, for example, they could not say someone has to be a resident of the city/district for two years. City Attorney Rosenthal stated most residency requirements are not much longer than 6 months. Commissioner Hood added that he would like to have staff look into the Commissioner's Retirement Plan as well. City Attorney Rosenthal suggested that the Commissioners get a copy of the current resolution of their travel policy and for them to bring feedback. Commissioner Johnson stated that the main thing needing to be addressed is the travel of your spouse. City Manager Frank stated he agrees that the Commission Travel Policy already mirrors the Employee's Travel Policy except for the accompanying of the spouse. City Attorney Rosenthal advised if there are only one or two Page 10 of 11 City Commission Regular March 16, 2010 differences then the easiest thing to do is amend the policy. Commissioner Johnson inquired how the Commission's Pension would be changed because he spoke with HR Director Carnicella and he was told you can not take away is there now. City Manager Frank stated that there are a couple of current and prior commissioners who are actually vested at this point and once you are vested they can not go back and say they are no longer vested by virtue of an ordinance. City Attorney Rosenthal stated that would be an ordinance that would have to go before the Pension Board and they would need to speak with the Pension counsel. He further stated it is clear that you can amend the pension ordinance with respect to anyone who is not currently on the commission that there will be no future benefits; it is also clear you can't amend it with respect to anyone who is vested who was previously on the Commission; and with respect to the five who are currently serving, the pension board would have to look at the specifics as to what the law allows or doesn't allow. There is also a spousal benefit under the Federal Pension laws. Commissioner Johnson said they need to look at total cost so they can see the whole picture. Commissioner Hood stated he was told by HR director Carnicella that it was just a low on-time fee. Commissioner Hood - 1) stated he appreciates all the resurfacing Public Works Director Krug had done off of Little Spring Hill. He further inquired if they would have any additional funds to do resurfacing on Northern Durango. Public Works Director Krug stated that want to verify that Northern Durango will not need the pipe replaced first and with the rain it has taken a while for the water to drain down so they can check the pipes. He further stated they are out looking to see which the worst roads are so they can get repairs done. Commissioner Hood thanked City Manager Frank for allowing him the opportunity to work with him and staff for another three years. He has never called the city and not had staff jump on his issues immediately and resolve the problems. As well he has never heard any negative comments from his constituents in District 1. Commissioner Keller - 1) stated he would really like to have a workshop regarding the bonding issues for parks and water/sewer. City Manager Frank stated they were waiting for a date and by the next meeting they will certainly pick a date for that. Commissioner Hood inquired if they know what kind of shortfall they might have with the budget. City Manager Frank stated he was a little worried a few weeks ago but he thinks from some of the savings from the Health Insurance since they are self insured and also the red light camera, they may probably be okay next year. He also added that there has also been some projections from the state that sales tax proceeds are higher than they thought. 2) Congratulated Commissioner Hood, Commissioner Johnson, and Mayor Vandergrift for their election. ADJOURNMENT The meeting was adjourned at 9:17 p.m. Attest: ~.."_ ~, , etl-i ikenberry, City Clerk APPROVED: City of Ocoee -~ r °~~ S. Scott Vandergrift, M ~r Page 11 of 11 ~ ~~~~er of ~ooc~ Div t. ~. ~~ OATH OF OFFICE I, Gary Hood, do solemnly swear that I will support, protect and defend the Constitution and government of the United States of America and the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty, and allegiance to the same, that I am entitled to hold office under the Constitution; that I will faithfully perform all duties of the office of Commissioner of the City of Ocoee, which I am about to enter, so help me God. SWORN and Subscribed before me this 16th day of March, 2010. ikenberry, City Cle ~~ ~~nter of ~ooc~ ~ ~~ _. OATH OF OFFICE I, S. Scott Vandergrift, do solemnly swear that I will support, protect and defend the Constitution and government of the United States of America and the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty, and allegiance to the same, that I am entitled to hold office under the Constitution; that I will faithfully perform all duties of the office of Mayor of the City of Ocoee, which I am about to enter, so help me God. S. Scott Vandergrift, r SWORN and Subscribed before me this 16th day of March, 2010. .~,t~.~~ h ikenberry, City Clerk ~1~ ~~nter of Good ~It ~ _, OATH OF OFFICE I, Rusty Johnson, do solemnly swear that I will support, protect and defend the Constitution and government of the United States of America and the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty, and allegiance to the same, that I am entitled to hold office under the Constitution; that I will faithfully perform all duties of the office of Commissioner of the City of Ocoee, which I am about to enter, so help me God. ~~ Leon (Rusty) (Johnson, District 3 SWORN and Subscribed before me this 16th day of March, 2010. 1 i ikenberry, City Cler