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HomeMy WebLinkAboutItem #01 Approval of Minutes MINUTES OCOEE CITY COMMISSION July 6, 2010, at 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Pastor Keith Tower of Highpoint Church gave the invocation, followed by the Pledge of Allegiance to the Flag, 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, Acting City Manager Shadrix, City Clerk Eikenberry I B. PRESENT A TIONS AND PROCLAMATIONS Presentation to City of Ocoee by Scott Drabczyk, Athletic Director at Ocoee High School Proclamation - National Recreation and Parks Month - July 2010. (Mayor Vandergrift) Central Florida Film Festival. (CRA Administrator Wagner) I Co COMMENTS FROM CITIZENS/PUBLIC Sherilyn Bennett, former owner of Colony Plaza timeshare, said she is here on vacation and received a notice of Public Hearing for tonight's meeting for rezoning in CRA Target Areas. She added that she received a letter stating the owners would have to pay for the demolition of Colony Plaza and she would like them to come up with her proportionate share of that so that she doesn't have to continue to wait to be absolved of liability for Colony Plaza. City Attorney Rosenthal said a notice of lien was sent to all unit owners regarding the demolition. He said the reason she received a notice for the meeting tonight is because she owns an interest in the property that is near the property on the agenda for rezoning. Nothing on the agenda tonight affects those legal rights she now holds in the property. He added that there is currently no program to accept any payments and they are not actively pursuing any collections. They are working with staff on different options and she does not have to do anything until they hear further from the city. She added that it would be nice if the city would send a flier and answer people's questions. City Attorney Rosenthal said they are working on a list of most frequently asked Q&A's which will be given to anyone who calls to inquire about the status of Colony Plaza; there will not be a mass mailing of it due to cost. I D. STAFF REPORTS AND AGENDA REVIEW Acting City Manager Shadrix gave the following announcements and updates: 1) Valley Crest has restored the landscaping on Silver Star Road damaged by a vehicle accident in the area of Silverbend and Johio Shores. Repairs were paid for by the driver's insurance company. City Commission Regular July 6, 2010 2) Movie at the Pool will be held on Saturday, July 1 ih at 8: 15 p.m. Movie being featured is "Imagine That" starring Eddie Murphy. He further announced parents can still sign up their children for swim lessons at the Parks and Recreation Department located at the Jim Beech Center. Cost for lessons is $50 per session. For more information please call: 407-905-3180. 3) The improvement of the tennis and basketball courts at three city parks is underway; the new fill has been put in place at Tiger Minor Park and is being added at Vignetti Park this week. Much of the sidewalk is in place at Tiger Minor Park but work will not begin at Parkside Coventry until after July 31 st. He further announced that bids were opened for Sorenson Park Access Improvement Project on June 22od. Lowest bid was 20K over budget so they are looking to make changes to the project scope to get the cost within budget. 4) The design of the City Hall Area Improvements is now complete and undergoing an internal review by the affected departments. They also went over the plans with the Founder's Day Committee. Richard Campanelle has done the storm water system design which will need to be added to the plans. 5) There were three additional items distributed on the dais that were not part of the agenda packet: 1) an updated Security Escrow Agreement that goes with Item 13, 2) request for an Emergency Item regarding the Commercial Solid Waste Franchise Agreement, and 3) information added to dais by request of the Mayor which contains existing contract information. I E. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood - Said to go out and support your local youth; Little League is hosting the tournament for International All Stars at Sorenson Field al week; Baseball teams playing Winter Garden Commissioner Wilsen- announced the Teen Citizen Police Academy will begin July 19th, and to apply contact Officer Inglero at the Police Department if you are interested. Commissioner Johnson-none Commissioner Keller-none Mayor Vandergrift-none I F. CONSENT AGENDA Commissioner Wilsen asked to pull item #2 for discussion. Commissioner Keller. seconded bv Commissioner Johnson. moved to approve Consent Aaenda Items 1. 3. and 4. as presented bv staff. Motion carried 5-0. 1. Approval of Minutes for Regular City Commission Meeting Held June 15, 2010. (City Clerk Eikenberry) Approved on Consent. Motion carried 5-0 2. Approval of Maguire House HV AC Replacement. (Public Works Director Krug) The Maguire House restoration included the installation of HV AC units in the attic and under the house in the crawl space. The Commission approved the replacement of the attic HV AC units when the roof was replaced earlier this fiscal year. The fIrst floor is cooled by the two units under the house that consist of a large inaccessible unit that cools the main floor rooms and the second unit cooling the bathroom. The larger unit is failing and no longer adequately cools the first floor. The location of the unit and foundation supports under the house does not allow adequate access to repair this unit. Public Works is proposing to replace the two crawl Page 2 of 11 City Commission Regular July 6, 2010 space units with a single external unit that will occupy less space than the two existing fan-coil units and be more energy efficient. The proposed single package unit will cost $10,588.00 and be accessible for maintenance and repairs. Public Works recommends awarding the work to the City's HV AC Continuing Service Contractor, Apple Air Conditioning & Heating, Inc., in order to expedite the work. Public Works has reviewed the proposal and found it to be in line with current industry standard pricing. This item was pulled from the Consent Agenda to be heard separately. Commissioner Wilsen said that she pulled this item to discuss that, with the amount of money that they continue to spend on the Maguire House for reroofing, air-conditioning, etc., she feels that the City should consider some better uses for it in order to recoup some of the costs of upkeep. She added that it is a beautiful landmark but the city and residents could be getting more from it. Acting City Manager Shadrix stated that they would look into the options that would tie it into the CRA redevelopment and bring some information back to the Commission. Commissioner Johnson suggested weddings and bridal showers. Mayor Vandergrift said he is the commission liaison to the Historic Commission, he will be glad to present it to them. Commissioner Wilsen. seconded bv Commissioner Johnson. moved to approve staff recommendations for HVAC replacement at the Maauire House. Motion carried 5-0. Acting City Manager Shadrix confirmed that the balance in the contingency fund at this time is $108,921. 3. Approval of Edward Byrne Memorial Justice Assistance Grant FY2010. (Deputy Police Chi!:f GQ.clon) _ An amount of $18,109 has been made available for the Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant. With this money, staff recommends the purchase of digital radios to become compliant with pending Federal mandates and maintain interoperability with surrounding law enforcement agencies. In order to maintain compatibility and interoperability with Motorola radios currently utilized by the Orange County radio users group, Motorola radios must be purchased. Motorola is a sole source provider for these radios and offers only the Orange County contract pricing. Approved on Consent. Motion carried 5-0 4. Approval of Memorandum of Understanding between the City of Ocoee and the IAFF Union.. (H,!lman Resources Director Carnicella) The City and the Union have reached a tentative agreement regarding the number of paid time off hours the employees should receive as part of their incentive for actively participating in the disease management wellness plan coordinated through the health center Doctors, Nurses and CareHere Professionals. Approved on Consent. Motion carried 5-0 I G. FIRST READING OF ORDINANCE 5. RT Ocoee - Rezoning. (Second Reading and Public Hearing is scheduled for July 20, 2010, Regular _ C;;o"1missi<}n M,!eting at 7: 15 p.m. or soon thereafter). (Senior Planner Howell) The applicant is requesting to rezone the subject property from General Industrial (I-2) to Restricted Manufacturing & Warehousing (I-I). The rezoning is being requested to permit a wholesale/internet vehicle sales location where customers will be invited onto the premises by appointment only with the appointments being setup through the internet. The applicant is requesting the rezoning since the 1-2 zoning designation does not permit car sales as an allowable use. Page 3 of 11 City Commission Regular July 6, 2010 City Attorney Rosenthal read the title of the rezoning ordinance. Mayor Vandergrift announced the Second Reading and Public Hearing is scheduled for July 20, 2010, Regular Commission Meeting at 7:15 p.m. or soon thereafter. I H. SECOND READING OF ORDINANCE - PUBLIC HEARING 6. Second Reading of Ordinance Relating to Amending the Ocoee Land Development Code Re: CRA Target Areas Special Development Plan. (Advertised in the Orlando Sentinel on Sunday, JJ!ne 6,2010, and Thursday, JJ!ne 24,.2010). (CRA Admil!.istr_ator Wagner) In order to implement the goals identified for the Ocoee Community Redevelopment Area (CRA), the CRA Board budgeted funds to hire a consultant to assist in the development of an Overlay Plan. In June of 2009, a contract was entered into with Glatting, Jackson, Kercher & Anglin (now AECOM) to initiate a visioning process. This process would lead to the creation of a Regulating Plan which would guide growth within the CRA and certain areas adjacent thereto which were included in the original blight study, but which are not located within the CRA. As visioning unfolded, three primary target areas were identified which offered the greatest potential for development to meet the overall objectives of the Ocoee CRA Redevelopment Plan. The CRA Target Areas are located within the Minorville and Lake Bennet Activity Centers. The CRA Target Areas Special Development Plan is the culmination of many months of work with local stakeholders, land owners, developers, local businesses, hospital staff, and City officials to create a planning guide encapsulating a shared vision for new growth. This process creates a vision and provides an interim mechanism that may be used to allow quality development to occur within the Target Areas prior to execution of a true form-based code. City Attorney Rosenthal read the title of the Ordinance. CRA Administrator Wagner and Principal Planner Rumer gave a brief presentation of what had been previously discussed with the special development plan. Mr. Wagner distributed and discussed a document showing new changes that had been added to the plan since the agenda packet was distributed. Mayor Vandergrift opened the Public Hearing. Scott Glass, representing RAM Realty in Target Area 2, said he concurs with Mr. Wagner's statements and spoke in favor of adopting this ordinance and moving ahead with the Plan. Shaman Faradi, 5075 Maguire Rd, on behalf of American Land Developers, Target Area 1, thanked Commission and staff for their diligence in working in partnership with developers to promote the CRA area. He is in favor of passing the ordinance and moving forward. Mayor Vandergrift closed the Public Hearing. Commissioner Johnson, seconded bv Commissioner Keller, moved to adopt Ordinance No. 2010-009 amendina the Ocoee land Development Code and approvina CRA Taraet Areas Special Development Plan as recommended bv staff, which included the red-lined chanaes to the ordinance in the aaenda packet. the errata sheet in the aaenda packet and the additional items discussed in the handout distributed this evenina. Further discussion occurred. Commissioner Wilsen asked for clarification on the changes to drive-through facilities. City Attorney Rosenthal explained that the new changes delete the prohibition on fast food chains with drive thru, and now states that there are exceptions to that prohibition with some conditions added. Page 4 of 11 City Commission Regular July 6, 2010 Commissioner Wilsen moved to amend the motion to strictlv prohibit all drive thru restaurants in the City. Motion died for lack of second. Commissioner Keller said he is now more comfortable with the new language added. Commissioner Johnson stated that he sat in on the discussions today to make the proposed changes. He stated that if we want to generate economic development we need to allow some fast food locations and it will still work if we create conditions that it must work with the urban design. Mayor Vandergrift complimented the new McDonalds on Highway 50 that has a garden area for the drive thru. After the discussion, a vote was taken on the original motion. Motion carried 4-1. with Commissioner Wilsen opposed. The ordinance as adopted carried the following caption: ORDINANCE NO. 2010-009 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO AMENDING THE OCOEE LAND DEVELOPMENT CODE, CHAPTER 180 OF THE OCOEE CITY CODE BY ADDING A NEW SECTION 5-3.3 ENTITLED CRA TARGET AREAS SPECIAL DEVELOPMENT PLAN; ESTABLISHING GEOGRAPHIC BOUNDARIES OF SPECIAL OVERLAY AREAS WITHIN THE MINORVILLE AND LAKE BENNET ACTIVITY CENTERS, SAID AREAS BEING REFERRED TO AS CRA TARGET AREAS 1,2 AND 3; EXCLUDING APPLICABILITY TO LANDS LOCATED IN UNINCORPORATED ORANGE COUNTY; ADOPTING A SPECIAL DEVELOPMENT PLAN FOR THE CRA TARGET AREAS, INCLUDING AN INTRODUCTION, CRA FRAMEWORK PLAN, COMMUNITY PARTICIPATION PROCESS AND TARGET AREAS REGULATING PLAN; PROVIDING THAT THE CRA TARGET AREAS SPECIAL DEVELOPMENT PLAN IS SUPPLEMENTAL TO OTHER PROVISIONS OF THE LAND DEVELOPMENT CODE; REQUIRING COMPLIANCE WITH THE CRA TARGET AREAS SPECIAL DEVELOPMENT PLAN; PROVIDING THAT UNDERLYING ZONING USES AND LAND USE ENTITLEMENTS REMAIN IN PLACE; PROHIBITING CERTAIN SPECIFIC USES WITHIN THE CRA TARGET AREAS WHICH MAYBE OTHERWISE PERMITTED UNDER APPLICABLE ZONING REGULATIONS; PROVIDING FOR INTERPRET A TION AND APPEALS; PROVIDING THAT CITY COMMISSION DECISIONS ARE FINAL; PROVIDING FOR THE RECOGNITION OF EXISTING AGREEMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. I I. PUBLIC HEARINGS 7. 733 Lyman Avenue Variance. (Advertised in the West Orange Times on Thursday, June 24, 2010). (Prin_clp'al Planner Rumer) The applicant, Jesus Garcia is requesting a side street setback variance from 25 feet to 18.27 feet for a proposed addition to the main dwelling structure. The room addition will be added to the rear of the existing dwelling structure. The structure was constructed in 1930 on a lot platted in 1925, in the Seegar Subdivision. The structure is considered by the City as a legally non-conforming since the structure does not comply with the required setbacks. The applicant intends to construct the addition to the rear of the dwelling structure. The addition will keep the same building setback as the existing structure. The applicant explained that the addition cannot be off-set to meet the 25 foot setback because of the location of the access door from the main dwelling. Principal Planner Rumer introduced the item. Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the public hearing was closed. Page 5 of 11 City Commission Regular July 6, 2010 Commissioner Johnson, seconded by Commissioner Hood, moved to (lrant the variance for the side street set back from 25 feet to 18.27 feet for the property located at 733 Lyman Avenue. Motion carried 5-0. 8. 1104 Doreen Avenue Variance. (Advertised in the West Orange Times on Thursday, June 24, 2010). ~rincip'al Planner Rumer) The applicant, Maggie Keen is under a City of Ocoee code violation for construction of a room addition without pulling building permits. The applicant enclosed an existing screened porch with masonry block. The property contains a shed that is located 2.8 feet from the screened porch (see site plan). The existing separation of the shed and the screened porch is permitted by code. The City's Land Development Code, Section 5-6, Article V (B); states... No separate accessory building shall be located within five (5) feet of any other building. Once the applicant enclosed the screened porch, the accessory building violates the code stated above. The applicant is complying with the code violation by pulling the required building permits for the room addition. The first step in the building permit process is receiving zoning approval for setbacks, which is contingent upon the variance request. Principal Planner Rumer introduced the item. Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the public hearing was closed. Commissioner Hood, seconded by Commissioner Johnson, moved to (lrant the variance from 5 feet to 2.8 feet between the shed and the enclosed screened porch for the property located at 1104 Doreen Avenue. Motion carried 5-0. -, 9. Maguire's Addition to Ocoee Un-named Right-of-Way Vacation. (Advertised in the Westl Orange Times on Thursdro;, June 24. 201OL(Principal Planner Rumer) I The specific area of the right-of-way runs in a North-South and East-West ("L" shaped) direction between Silver Star road and Lakewood Ave. The request is to only vacate and abandon the Northern 20 feet and the Western 20 feet of the un-named right-of-way. City Attorney Rosenthal read the title of the resolution. Principal Planner Rumer explained the history of the case. Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the public hearing was closed. Commissioner Hood, seconded by Commissioner Wilsen, moved to adopt the resolution approvin(l the partial vacation of the unnamed road ri(lht of way in the area of Silver Star Road and Lakewood Avenue as recommended by Staff. Motion carried 5-0. The resolution as adopted carries the following title: RESOLUTION NO. 2010-009 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND V ACA TING THAT NORTHERN 20 FOOT PORTION OF THE 40 FOOT UN-NAMED EAST-WEST RIGHT-OF-WAY LYING SOUTH OF LOTS 1,2, AND 3 AND NORTH OF LOTS 7, 8, 9, AND 10, MAGUlRES ADDITION TO OCOEE. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK G, PAGE 10, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. TOGETHER WITH THAT WESTERN 20 FOOT PORTION OF THE 40 FOOT UN-NAMED NORTH- SOUTH RIGHT-OF-WAY LYING EAST OF LOT 3 AND WEST OF LOTS 4, 5, AND 6 OF SAID MAGUIRE'S ADDITION TO OCOEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK G, PAGE 10, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. I J. REGULAR AGENDA Page 6 of 11 City Commission Regular July 6, 2010 ~np'ointments to the Human Relations DiversitY. Board. (.Q..t}: Clerk Eikenbera) I a) Pastor Gabriel Padilla, founding pastor of the multi-lingual, multi-cultural Elevation Christian in Ocoee, has expressed an interest in serving on the Human Relations Diversity Board. Pastor Padilla is not a citizen of Ocoee. He attended the last board meeting and introduced himself to the board. In addition to the board's appreciation for the pastor's ties to the Hispanic community, the board feels that the pastor has a great stake in Ocoee's growth and welfare. The board would like to have Pastor Padilla as a member. There are currently two vacancies on the board. b) Ms. Maria Irizarry, a citizen of Winter Garden, has expressed a serious interest in becoming a member of Ocoee's Human Relations-Diversity Board. She has already volunteered to work with the board's subcommittee for the Hispanic Heritage event. Additionally, she would like to use her talents and skills to help the community by promoting diversity and understanding. At the last board meeting, Chairman Wm. Maxwell expressed his desire to have Ms. Irizarry as a member of the board. There are currently two vacancies on the board. HRDB Board Chair Maxwell explained why he felt the two candidates should be considered for membership on the board, although the bylaws stated that members must be residents of the City of Ocoee. He felt that their contributions and willingness to serve warranted consideration of waiving the residency requirements. Discussion followed with regard to the residency requirements in the bylaws. City Clerk Eikenberry advised Mr. Maxwell if the Board had already discussed recommended changes to the bylaws, they can be submitted to the City Clerk's Office for insertion on the next agenda rather than waiting until after the HRDB Board meets again in August. Consensus of the Commission was that the resolution and bylaws should be amended on the next regular meeting agenda, allowing the Commission to waive the residency reauirement, prior to making these appointments. 11. Approval of Website pro. motion Campaign - CGI Communications. (Communityl Relations Manager Wright) At the June 15 City Commission meeting a presentation was made regarding CGI Communications' offer to produce and film a free online video that would promote and market the City of Ocoee. Before making a decision on whether to approve the production of the online video, the City Commission requested that a copy of CGI Communications 3-year agreement be made available for review. The City Commission requested the City Attorney review the agreement as well. City Attorney Rosenthal summarized the contract. There was discussion regarding content of the advertisements on the website, length of the contract, and endorsement by Florida League of Cities. Commissioner Hood, seconded by Commissioner Johnson moved to approve the contract with CGI Communications for a three year contract without automatic renewal and including the condition that any advertisements for businesses outside of the corporate limits of the city be approved by the city staff prior to use on the website. Motion carried 5-0. Page 7 of 11 City Commission Regular July 6, 2010 I Emergency Item - Franchise Agreement with Waste Works City Attorney Rosenthal explained that there is a staff report that has been placed on the dais. He discussed the history of the Solid Waste Commercial Multi-Family Solid Waste Franchise with Waste Depot LLC. The agreement was signed in October 2009; after some issues at the end of the year there was a 1 st amendment to that agreement which was executed January 5, 2010. Pursuant to that amended Franchise Agreement a new contract performance bond was posted and an agreement to pay Veolia for costs associated with pulling and replacing dumpsters. The issue is coming before the commission today because there is now a proposed change in ownership of Waste Depot LLC. The new owners would like to bring in a new bonding company. This would require the City release the bond back to the existing bonding company. The existing bonding company wants their bond back along with a release from the City releasing them from past, present, or future liability. The new bonding company has been reviewed by the Finance Department and there is no objection from staff. He added that they are still working on the final form of that bond; it should be in the same form of the existing bond with a reference to the 1 st amendment. The other issue is a concern that there may be a gap in coverage if anyone made a claim between October 20, 2010, and the date the new bond will go into affect. City Attorney Rosenthal noted that Veolia has provided a $45,000 invoice for their services which remains outstanding; this is an obligation of the City and under the 1 st amendment of the Franchise Agreement is an obligation of the franchisee to pay the City. He recommends that the city pay that as opposed to relying on a lien against the new bonding company. There is also a question regarding the ownership of the dumpsters and whether or not the leased dumpsters have been paid for. 1) This would need to be declared and emergency item. The basis for that is there is supposed to be a closing on the sale of the business later this week. Only the Commission has the authority to grant a release of the current bond. 2) Approve the release of Platte River Insurance Company and its bond and authorize the execution of that by the Mayor and City Clerk. City Attorney Rosenthal explained the documents included in the packet. Public Works Director Krug stated he has not had any service issues since Waste Works took over. He said the proposed new owners have been out in the community trying to correct some issues and responses have all been favorable. He stated that his office has been working with Veolia to put a bill in writing that breaks down the $45,000 costs to the city. City Attorney Rosenthal stated that with the substitution of the bond, he would not feel comfortable that we could collect the money against the bond for nonpayment. Commissioner Hood stated he would like to get reimbursed for the City Attorney's time. Commissioner Keller said the owner of the containers contacted him and said he has not been paid for the lease of the containers in seven months. He said the owner could pull the containers at any time and the city would have service issues. He said there needs to be some language that the company gets paid so that no one tries to sue the City because we have the "deeper pockets." He felt this needs to be addressed along with the other issues. Commissioner Johnson said the dumpster company has signed a Letter of Intent to get paid by the new company. He added that Veolia should never have been called in back in January and we would not have had that $45,000 bill. The issue of payment of the dumpsters was discussed. City Attorney Rosenthal said he had not seen the Letter of Intent but he does not want to review documents that are part of the private third party transaction. It would require a lot more work do give a legal analysis of the document. Page 8 of 11 City Commission Regular July 6, 2010 Mayor Vandergrift clarified that the new company is not operating in the City but has been initiating changes in preparation for the change in ownership. They have been meeting with commercial businesses and talking to them and addressing their issues. Commissioner Hood asked if the legal fees can be one of the conditions and City Attorney Rosenthal stated that it can. Commissioner Wilsen asked if this is declared an emergency item, what is needed from the Commission. City Attorney Rosenthal stated the question would be whether or not to approve the release of the performance bond to Platte River Insurance. If there are conditions that you want to place on granting the release, you can do that. The new company could just opt to take a substitution of bond and those conditions would not apply, so you may want to include language that would take care of it in that situation. There was discussion about recouping the attorney's fees. City Attorney Rosenthal said if they buy the membership interest and keep the current bond in place we don't have a legal basis to do that, but if they want to substitute the bond they can tie a condition on to substitution of the bond. The city would have to sign off on the substitution of the bond and the only prudent action would be to resolve the Veolia issue before that takes place. Rob Schwantz and Paul Reddish, two of the three principals from Waste Works of Florida, Inc. (proposed new owner) were present for comment. Mr. Schwantz stated that he would like to see a detailed explanation that warrants the $45,000 because they still need to decide who is going to pay Veolia for those services. City Attorney Rosenthal said as a practical matter, that issue with the payment to Veolia will have to be resolved before the bond is released. Mr. Schwantz said their intention is to proceed with a new bond and not take on liability that they did not create. City Attorney Rosenthal said that it is up to Waste Works, who is paying Veolia, to dispute the bill if they wish to. Waste Works has a contractual obligation to take care of the bill, if they don't they are in default, and starting the default remedies is not a favorable situation to anyone. Paul Reddish stated that he understand Eric's (Appalachian) situation with the lease of containers and that is why they worked out a Letter of Intent with him to see that he gets paid. There was discussion regarding the new company assuming the old bond vs. getting a new bond. Commissioner Wilsen asked City Attorney Rosenthal what he recommends the commission do tonight. He advised to approve the proposed release of the existing performance bond subject to receipt from Waste Works of the substitute bond and payment of the invoice from Veolia, and any other conditions that you may want to place. There was discussion with regard to the cost of the legal fees. Commissioner Hood. seconded by Commissioner Keller. moved to accept staff recommendations approvina the release of Platte River Insurance Company and its bond and authorize the execution of that by the Mayor and City Clerk and addina two conditions that 1) the invoice from Veolia would be paid at the neaotiated rate between $33.000 and $45.000 and 2) city attorney's fees for this issue would be reimbursed. Eric Thompson said he stepped into the agreement in early January and bought all the containers for the city thinking it would be a good business arrangement; he has not collected anything over the last six months but he has not pulled the containers. He said, when he threatened to pull the containers, the attorneys from Waste Works threatened him with torturous Page 9 of 11 City Commission Regular July 6, 2010 interference. At this point, he just wants to get his investment back. Commissioner Hood confirmed he was going to get his negotiated agreement back from the new owner. Commissioner Hood called the question and Mayor Vandergrift asked for clarification of the motion as to who was paying Veolia. City Attorney Rosenthal stated the plan all along has been that the City would get the money from the franchisee, whether it is the new one or old one, and the city would pay Veolia. Rob Schwantz stated he is still interested in getting a breakdown for the invoice from Veolia so they could agree on a price. After the discussion, motion carried 5-0. [U. Dis~ussion and Direction: CemeterY. Issues. (Ci!y' Clerk EikenberrY.) -=- a) The Installation of Crematory Vaults in the Ocoee Cemetery b) Maintenance Issues c) Enforcement of Section 61-12 Requiring Permits Prior to Placing a Memorial d) Revision of Chapter 61; Draft of Recommended Changes This item was tabled until the July 20, 2010, agenda. 113. Approval of Villas at Woodsmere Surety Escrow Agreement. (City Attorney J!o~nthaJ)_ _ _ The prior escrow agreement guaranteeing the improvements for the Villas at Woodsmere has expired. The replacement developer for the project, Summit XV Holdings, LLC, has offered a cash escrow of $39,100 in place of the former escrow. This agreement will become effective upon the closing of the sale of lots within the Villas at Woodsmere to the new successor developer, D.R. Horton. City Attorney Rosenthal explained the item. Commissioner Keller, seconded by Commissioner Johnson, moved to approve the Villas at Woodsmere Surety Escrow Aareement and authorize execution thereof by the Mayor and City Clerk. Motion carried 5-0. 14. Selection of Dates for the Budget Workshops and Consideration of Cancelling a _ Regular .r9mmis~ol.Ll\1te.!i!lg. (City Clerk ~i~e!lber!"y) Staff has chosen four possible dates in August available for Budget Workshops and is asking Commission to select two of them: August 11, 18,30, and 31. Additionally, the Commission may wish to consider canceling a regular Commission meeting (August 3 & 17, September 7 & 21) due to the number of additional meetings that will be held during this time. Consensus of the Commission was that the budaet workshop dates would be set for Auaust 11 & 31 and that the reaular meetina on September 7, 2010 will be canceled. I K. STAFF ACTION ITEMS None I L. COMMENTS FROM COMMISSIONERS Commissioner Keller- none Page 10 of 11 City Commission Regular July 6, 2010 Commissioner Johnson-none Commissioner Wilsen- said that at the last commission meeting when the gentlemen came up to the dais to ask for money for the film festival, it caused unnecessary embarrassment which could be avoided if they are required to go to staff before coming to a commission meeting. Commissioner Hood clarified that what she is suggesting is that if any Commissioner is approached regarding a request for money, refer them to the City Manager's Office. Commissioner Wilsen said that this last instance staff resolved the issue by getting the money from the eRA and it didn't need to be brought to the Commission Meeting. Consensus of the Commission was that no person shall gO before the commission to request grant money unless it has been placed the agenda bv staff prior to the meeting. Commissioner Hood - said he met with Commissioner Boyd at Hackney Prairie Elementary School Site. Anyone wanting this school for 2012 should contact their school board representative and County Commissioner Scott Boyd and voice your opinion. There is an issue with bussing children. We want the school to relieve overcrowding at Citrus, Clarcona Ocoee and Spring Lake. Mayor Vandergrift announced that Mike Armbruster, Principal ofOcoee High School, is being transferred out of Ocoee and rotated with two other principals in the area. Commissioner Hood said it was predicated by the FCA T scores. He added that we lost a very good principal and someone dear to the community. He will be missed. I ADJOURNMENT The meeting adjourned at 10:08 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 11 of 11