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HomeMy WebLinkAboutItem #01 Approval of Minutes MINUTES OCOEE CITY COMMISSION July 20, 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. Commissioner Keller gave the invocation, followed by the Pledge of Allegiance to the Flag, led by Commissioner Johnson. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood (absent), 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 Introduction of New Ocoee High School Principal Mr. William "Bill" Floyd. (Mayor Vandergrift) Principal William "Bill" Floyd spoke to the Commission and residents said he grew up in West Orange County and was previously the principal at Apopka High School. He stated that he looks forward to delivering the best possible students. Presentation - Promotion of Fire Department Engineer Colin McCormick and Introduction of Three New Fire Fighter Paramedics. (Fire Chief McNeil) Fire Chief McNeil introduced three new employees for the Fire Department: Firefighter Paramedic Ryan Sandberg, Firefighter Paramedic Jaime Escobar, and Firefighter Roxanne Trager. Family members pinned their badges and they were welcomed to the City. I C. COMMENTS FROM CITIZENS/PUBLIC Jeremy Bellis, 321 Trancas Court, Ocoee, said he has talked to several employees with regard to his parking issue for his trailer. Due to the uniqueness of his property, the sloping does not allow him to place the trailer up next to the house as the code currently requires. He is asking for a means or process to be made exempt from that part of the code. He stated he has no complaints from his surrounding neighbors. Discussion followed with regard to variances; Mr. Bellis said Principal Planner Rumor looked for something in the code but could not find anything that would work as a variance. Development Services Director Shadrix stated that they would like find a mechanism to allow this exception and felt that if the neighbors could put something in writing they can at least refrain from enforcing the current. Consensus of the Commission is for Mr. Bellis to work with Deputv Fire Chief Stan lev on a resolution to this Code issue. I D. STAFF REPORTS AND AGENDA REVIEW City Manager Rob Frank gave the following report: I) There are no changes to the evening's agenda. City Commission Regular July 20, 2010 2) There was an emergency purchase. The wastewater plant's bar screen unit #2 was having significant failure which led to operational issues. The unit is a specialty item, sole-sourced and manufactured by I Kruger who holds the patent for the process in our plant. Total cost with installation: $55,217.00. This was in the capital replacement for the plant for next year. Funds for the current purchase are coming out of the Replacement and Renewal Fund for wastewater/utility. The projected cost for next year's capital replacement was $85,000. Commissioner Wilsen asked where the funds were being taken from. Mr. Frank responded that they will be taken from the replacement and renewal fund which is like a trust fund for replacing things that wear out. Commissioner Wilsen. seconded bv Commissioner Keller. moved to ratify the expenditure of $55.217 for the purchase and installation of a wastewater bar screen unit. Motion carried 4- O. 3) Projects: Pioneer Kev I Rehabilitation Project -Advertisement for bids will be out early August. Sorenson Park Access Improvement - Bid is on the agenda tonight, it is about $20,000 over budget, but it is believed that it can work if there are small changes to the project's scope after the bid is awarded, changes such as fencing and paving and a reduction in the amount of concrete being used for sidewalks. Commissioner Johnson asked if that is the road coming in beside the Tom Ison Center. Mr. Frank answered affirmatively. The commissioner further asked if they are going to fix the sign and landscape the trees in the area. Capital Improvement Program Manager Butler responded that the City has a program to upgrade all the City's signs to city facilities, and they have picked out a new project to do just that. Mr. Butler continued that the project will start at the end of the paved road and continuing to the concession stands. The intention was to redo some of the spots on the existing road, but in an effort to contain costs, they will be starting at the end of the paved road and continuing on around. City Hall Access & Stormwater Improvements - CIP Manager Butler stated the bids will be advertised and will have an August 10th bid opening date. He said the project started many months ago, but took a while to do the design. It was advertised on the previous Sunday, with a bid opening date of August 10t\ and an award on August 1 ih. Construction is to start September I st or at the end of August. Staff is trying to get it done quickly in time for Founders' Day. For that purpose there is a fairly high penalty if anything is left open to construction during the week of Founders' Day. Work may be allowed in the evening and on weekends to make the deadline. There will also be access to city hall and the community center and a place for employees to park. The bid contains 70 bid items. There are several things that relate to safety such as the stairs for the gazebo and the parking lot stairs which were actually removed for a while due to safety problems. The stairs will be repaired and replaced so that they will be up to code. An 8 foot wide sidewalk, which Commissioner Keller had requested, will be put in through the city hall property and a 6 foot wide sidewalk on Oakland Avenue. A storm sewer system will be installed that will collect water up the hill. The City Hall driveway will be widened and straightened. The road that goes from City Hall down to the Maguire house will be moved and flipped so that it is up at the top of the hill rather than being in that slope. Making such a change will avoid the problem of cars coming out of parking and going right into ongoing traffic due to the'S' curve. Mayor Vandergrift asked ifthere was some kind of diagram that the commission could look at to be able to see what Mr. Butler had just described. Mr. Butler replied that he was getting to that. There will also be curbing and gutters installed; a realignment Page 2 of 14 City Commission Regular July 20, 2010 of community center parking, and make repairs to a lot of internal things and make parking look better along Lakeshore Drive. There were three ad alternates that came out of the review process. From staff reviews it was recommended planters and uplights be installed along the trees on Lakeshore Drive which would give additional lighting and electrical hookups, if needed. Gazebo aluminum railing will be installed, and it will match the new stairs. The mayor asked Mr. Butler if the railings could be wrought iron for aesthetics sake. Mr. Butler replied that he thought the aluminum would look nice. They will widen Oakland Avenue so that trucks can make the turn. Mr. Butler said Special items such as the Veteran's memorial, grape arbor, wood garage, cattle guard, and the city hall signs, would be discussed during interactive portion of the presentation. He said that they would be realigning the area such that there would be a sidewalk to the community center so that one no longer has to walk in the street to get to the facility. Storm sewers will be added that are indicated by redlines in the diagram. He described where the storm sewers would be located. The employee parking lot will be eight feet narrower. The wall and steps will be removed and made smooth so that one can either walk to the Maguire house or proceed further down the road. Some of the steepness will be removed from the hill. The new City Hall sign will be added. Mayor Vandergrift asked about the plans for the vacant land where the old fire station used to sit. Mr. Butler replied that the new City Hall sign would be placed there. The mayor asked why the sign would not be in the median. Mr. Butler answered that while originally the sign was designed to be in the median the decision was made not to put the sign in the median so that it would not be affected by large trucks on the street. The mayor asked why not widen the road make use of the vacant land. City Manager Frank replied that they were concerned that the new sign would not fit in the median given its design. The plan is to create a design for signs to be used throughout the city. He added that they would be discussing the design of the sign with the commission further on in the presentation. If the commission does not like the design, they could go with something narrower and place it in the median. Commissioner Wilsen stated that she had a problem with the location of the current City sign. Mr. Butler replied that it has been moved in the new plans. Mayor Vandergrift asked Mr. Butler to show them where the cattle guard will be. Mr. Butler explained the historical value of the cattle guard, but explained that it needs to be on the road as it used to be. Commissioner Johnson asked where it is going to be placed. Mr. Butler said that is what he is seeking from the commission and added that it is in disrepair and will need some work. Commissioner Johnson suggested placing near the Maguire House. Discussion ensued with regard to placement and display of the cattle guard. Mr. Butler brought up the matter of the old garage. It's been suggested that it be taken apart and relocated. Commissioner Wilsen asked if it had historical registry value. Mayor Vandergrift said it is a historical part of the Maguire House and that the structure is older than the City. Mr. Butler said that the conundrum is that there's an old grape arbor there right in front of the doors to the garage. The grape arbor will be rebuilt with a brick patio and would be a venue location where food could be served, etc; shuffle board courts would be removed making it available to place tents there for weddings and such. The mayor asked what happened to the shuffle board courts. The commissioners asked Mr. Butler to show them what interference the garage would cause. Further discussion ensued regarding possible replacing, repairing, or relocating of the garage. Commissioner Wilsen asked if there had been any discussions with the Historical Society. Mr. Butler replied that he had spoken with Ms. Applegate and Ms. Kinney. Mr. Butler said that he would see what he could do to try and preserve the tree. Commissioner Wilsen said she is not insensitive to history, but they need to look at how much would be spent to save it vs. its value. Page 3 of 14 City Commission Regular July 20, 2010 Commissioner Keller agreed. Mayor Vandergrift said he would like to get bids for all three alternatives move it, restore it, or tear it down. Mr. Butler said he can amend the bid that is out to include those things. Mayor Vandergrift discussed surrounding the city complex with a Walk of Fame, where engraved bricks could purchased for placement in the walkway. Commissioner Johnson said to get a price on that and let's move on to the sign. Commissioner Wilsen stated that this plan ties in to what she has been stating about using the Withers Maguire House to generate funds.. .and fun. Mr. Butler said that they're looking to install a quarter circle sign at Lakeshore Drive. It will say 'the City of Ocoee' on it. He said that there's nothing currently identifying the City Hall on the Lakeshore Drive side. Mr. Butler said the sign on Bluford's design is similar to the one at Bill Breeze Park. He discussed alternative designs and asked for the commission's input. Commissioner Keller said that if the logo changed the sign would have to be changed. Commissioner Johnson asked if there was a way to put a miniature fountain on the side of the sign with lighting and the City's name on the sign. Mayor Vandergrift reminded that the area should be wheelchair accessible. The commission aQreed by consensus that the sian (on Bluford Avenue) will say Ocoee City Hall. Mr. Butler said that they will look at putting water fountains on either side of the sign. The Mayor recapped the discussion thus far was to have three bids for the garage, widening road with left and right turn coming out of city hall and keeping the median, walk of fame may be a dead subject, and he said he would like to add that the hill be sloped so that there is one big parking lot. Commissioner Johnson said he liked keeping those areas separate. Mayor Vandergrift said that additional parking for city vehicles should not be between city hall and Bluford, it should be moved over in front of the Community Center. Mr. Butler said that they will be fixing the parking lot between City Hall and the Maguire house that will have nine spaces for city vehicle parking. The mayor asked how many trees will be removed. Mr. Butler replied that only trees that are growing under other trees. They will not be removing trees for buildings. Parks & Recreation staff has helped them to identify the right trees. Mayor Vandergrift brought the matter of using LED signs. He pointed out that the current sign is not always up to date. IT could be kept up to date and edited by the Clerk's Office staff. Commissioner Wilsen did not feel that the signs will fit aesthetically. Commissioner Johnson said the signs could be done if it's made to appear as though it fits into the area. He would allow it just for that purpose. Commissioner Keller said his question is that if they did that, would they allow other folks along West Colonial to place LED signs as well. Telling them 'no' could cause a disturbance. Commissioner Johnson said we would have to control what type of signs through the building department. Mayor Vandergrift added that allowing that LED signs could reduce overall signage. Commissioner Wilsen suggested that they get price information. City Attorney Rosenthal said that an amendment to the Land Development Code (LDC) would have to be made and it would have to apply citywide. He expressed doubt that it could be done in time for Founders' Day. The Mayor asked ifthere is an opportunity for a special exception to the code. Mr. Rosenthal said he didn't think so, but he did not have the provisions in front of him. Development Services Director Shadrix suggested that there are many different types of LED signs and that the commission could authorize staff to bring back examples of signs with the accompanying descriptions, prices. City Manager Frank said that staff could get the sign information, asking Mr. Butler to put in an ad alternate. The issue will have to be brought back to the commission with numbers and sign designs. Mayor Vandergrift said that staff should look at obtaining a special exception. Mr. Rosenthal said that he was doubtful that this issue would be something contained in a special exception Page 4 of 14 City Commission Regular July 20, 2010 according to the City's code. The mayor directed the attorney to give it a try. Commissioner Wilsen asked that pricing information be obtained. Mr. Butler announced that the plans are available for review if anyone cares to see them in more detail. I E. COMMISSIONERS ANNOUNCEMENTS Commissioner Wilsen-none Commissioner Johnson-none Commissioner Keller-none Mayor Vandergrift 1) read a newsletter from the Women's Club of Ocoee regarding upcoming events and fundraising efforts I F. CONSENT AGENDA Motion carried 4-0 with Commissioner Hood absent. pprO}; uildiu 0;--:i'/",<'Q~m oI6'e'rt The City of Ocoee, Florida, in conformance with the policies and procedures of the City of Ocoee (City) solicited bids from qualified contractors to reconstruct the access road, add sidewalks, improve bleacher and scorer's stand structures, replace baseball dugouts, and make related improvements at Sorenson Park in north centralOcoee. The intent of the project is to provide improved access to recreational facilities. Approved on Consent. Motion carried 4-0 with Commissioner Hood absent. ~ ~Pl)rqval~f ~awaraJB""r&hW~,% ;-;-1 ?'M y; l,p(>>c>< ;'1, ;_M .1' C:f~~~~ ~dllr~J!) An amount totaling $17,776 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 4-0 with Commissioner Hood absent. EQ ,~ The Reclaimed Water System Retrofit for Wedgewood Commons and Whitehill Subdivisions is a retrofit project which provides 156 residential homes with reuse water for irrigation. The system connects to the existing system at White Road and Clarke Road. The project also provides a 16" reclaimed main to facilitate future system expansion. Due to conditions in the field during construction a portion of reclaimed water main had to be installed using open-cut due to utility conflicts, MJ adaptors had to be used for valve and fitting connections due to warranty issues, and electro fusion couplers where used for connections to eliminate the need for large pits to be made. As with any construction contract that includes unit pricing and estimated quantities, the actually installed quantities need to be reconciled with the contract. Approved on Consent. Motion carried 4-0 with Commissioner Hood absent. Page 5 of 14 City Commission Regular July 20, 2010 '5:' A rov 0 ,>.. PP,.,,,,. v. liilj\iirfneve16'n m, e ~\!'~w.--'J:: The Orange County Local Mitigation Strategy Working Group is intent on finding reasonable approaches to making communities more resistant to disasters and ensuring that any redevelopment in the aftermath continues to lessen future vulnerability to those impacts. One of the most effective ways to do this is to have every local govemment recognize the importance of hazard mitigation and to develop and adopt the Local Mitigation Strategy (LMS). City Attorney Rosenthal read the title of the resolution. Approved on Consent. Resolution adopted. Motion carried 4-0 with Commissioner Hood absent. The resolution as adopted carried the following title. RESOLUTION NO. 2010- 011 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, APPROVING OCOEE'S DESIGNATED PORTION OF THE ORANGE COUNTY LOCAL MITIGATION STRATEGY AND PROVIDING FOR THE IMPLEMENTATION THEREOF. I G. FIRST READING OF ORDINANCE .$&. o,.!JJJ..S . ee ,!.'} ..!1:.:.:- _ . ~!!n With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. The subject properties are contiguous to the City limits on the north and west. To the north and west is property owned by Health Central. Health Central and the City will not be entering into an Annexation or Developer Agreement with this annexation as the parcels are located within the Target Area #3 of the eRA Target Areas Special Development Plan. I a. Annexation City Attorney Rosenthal read the title of the annexation Ordinances 20 I 0-0 10 and 2010-011. Mayor Vandergrift announced that the second reading and public hearing will be held on August 3, 2010 at 7:15 p.m. or as soon thereafter as possible. I b. Rezoning City Attorney Rosenthal read the title of rezoning Ordinances, No. 2010-0 I 2, 20 I 0-0 13, 20 I 0-0 14 Mayor Vandergrift announced that the second reading and public hearing will be held on August 3, 2010 at 7: I 5 p.m. or as soon thereafter as possible. Page 6 of 14 City Commission Regular July 20, 2010 I H. SECOND READING OF ORDINANCE - PUBLIC HEARING r--- TOe" i$WtW{; o~ll ~ Thc applicant is requesting to rezone the subject property from General Industrial (1-2) to Restricted Manufacturing & Warehousing (I-I). The rczoning is being requested to permit a wholesalc/intemet vchicle salcs location where customers will be invited onto the premises by appointment only with thc appointments bcing 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. a. Rezoning City Attorney Rosenthal read the title of the rezoning ordinance. Senior Planner Howell gave a summary of the rezoning being requested. Mayor Vandergrift opened the public hearing. The business owners were present and available for questions. Mayor Vandergrift closed the public hearing. Commissioner Johnson. seconded by Commissioner Wilsen moved to approve Ordinance No. 2010-016. approvinQ the rezoninQ of the subiect property. Motion carried 4-0 with Commissioner Hood absent. The ordinance as adopted carries the following title: ORDINANCE NO. 2010-016 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM OCOEE "1-2" ZONING, HEAVY INDUSTRIAL DISTRICT TO OCOEE "1-1" ZONING, LIGHT MANUFACTURING AND WAREHOUSING DISTRICT, FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMA TEL Y 1.93 ACRES LOCATED NORTH OF AND ADJACENT TO CAPITOL COURT AND EAST OF AND ADJACENT TO L.F. ROPER PARKWAY, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY CODE AS OF THE ADOPTION DATE OF THIS ORDINANCE; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING AN ADOPTION DATE AND AN EFFECTIVE DATE. b. Development Agreement City Attorney Rosenthal noted that revisions had been made to the Development Agreement from the original draft to address issues brought forward by the Planning and Zoning Board. The developer has agreed to those changes. Commissioner Johnson. seconded by Commissioner Keller moved to approve the Development AQreement between RT Ocoee, LLC and the City of Ocoee per staff recommendations and authorized execution by the Mayor and City Clerk. Motion carried 4-0 with Commissioner Hood absent. Page 7 of 14 City Commission Regular July 20, 2010 c. Waivers Principal Planner Howell explained the three waivers that had been requested by the applicant. Commissioner Wllsen. seconded by Commissioner Johnson. moved to approve the three waivers listed below as reQuested by the applicant and per staff recommendations. Motion carried 4-0 with Commissioner Hood absent. WAIVER #1: REQUEST IS TO SECTION 6.14(1 )(F)(13) OF THE LAND DEVELOPMENT CODE. THIS SECTION OF THE LAND DEVELOPMENT CODE REQUIRES ROWS OF PARKING NOT TO EXCEED gO-FEET IN LENGTH. THIS WAIVER 0 ALLOWS ROWS OF PARKING TO EXCEED gO-FEET IN LENGTH ON THE SITE. WAIVER #2: REQUEST IS TO SECTION 6.14( 1 )(F)( 14) OF THE LAND DEVELOPMENT CODE. THIS SECTION OF THE LAND DEVELOPMENT CODE REQUIRES LINEAR LANDSCAPE ISLANDS MEASURING AT LEAST 180 SQUARE FEET IF AT THE END OF A SINGLE ROW OF PARKING OR 360 SQUARE FEET IN AREA IF AT THE END OF A DOUBLE ROW OF PARKING IN ORDER TO BREAK UP PARKING SPACES. THIS WAIVER ALLOWS NO LINEAR LANDSCAPE ISLANDS AT THE ENDS OF PARKING ROWS. WAIVER #3: REQUEST IS TO SECTION 6.14(2)(B)(1) OF THE LAND DEVELOPMENT CODE. THIS SECTION OF THE LAND DEVELOPMENT CODE REQUIRES A MINIMUM OF A 25-FOOT WIDE LANDSCAPE BUFFER ALONG SECONDARY STREETS. THE PROJECT FRONTS ROPER PARKWAY WHICH IS CONSIDERED A SECONDARY STREET PER THE LAND DEVELOPMENT CODE. THIS WAIVER ALLOWS A 15-FOOT WIDE LANDSCAPE BUFFER ALONG ROPER PARKWAY. I I. REGULAR AGENDA .C "~.lrOffRe-rge"'''' """"""&d~~r.!\ ...,,,-$,,,,,, lW'&f,:,j!k i qgr:it enw Pi The West Orange Senior Citizen Association (WOSCA) is requesting authorization to conduct a bingo program at the Tom Ison Senior Citizen and Veterans Center on Sunday afternoons for approximately four hours each day, from 1 :00 pm. to 5:00 pm. Proceeds from the program will go to support the WOSCA and also be donated to an organization that serves the Ocoee area. The program will be open to the general public and is anticipated to attract approximately 30 to 50 participants on a daily basis. The WOSCA has requested that a contribution of $100 per date be paid to the City in-lieu-of the rental fee of $65.00 per hour. Parks and Recreation Director Hayes stated The West Orange Senior Citizen Association (WOSCA) is requesting authorization to conduct a bingo program at the Tom Ison Senior Citizen and Veterans Center on Sunday afternoons for approximately four hours each day, Proceeds from the program will go to support the WOSCA and also be donated to a non profit organization (not yet determined) that serves the Ocoee area. The program will be open to the general public and is anticipated to attract approximately 30 to 50 participants on a daily basis. The WOSCA has requested that a contribution of $100 per date be paid to the City in-lieu-of the rental fee of $65.00 per hour. Commissioner Keller. seconded by Commissioner Wilsen. moved to approve the Binao Proaram at the Ison Center as recommended by staff. Motion carried 4-0 with Commissioner Hood absent. Page 8 of 14 City Commission Regular July 20, 2010 F'i-rEtiffirs,r'(t)'i: tlie~l>eniortio'n 0 f'::<>"',-,'~ VW1J*,*,t:p'.;., Y~:~':. <:Ii ...J:PA €;liief1.;~!an,l,eY)il' Both of these homes were severely damaged by fire back in 2007 and have been declared unsafe, fire hazard, and a nuisance. The Code Enforcement Board has authorized the City to abate the nuisance and assess the cost against each property. Deputy Fire Chief Stanley explained the demolition of these two properties would cost $7,906 for the Withers Court property and $9,845 for the Samantha Street Property. He further stated that there are outstanding liens on both properties: $7 I ,000 for the property on Withers and $536,000 for the property on Samantha. He stated both properties are still owned by the homeowners and Countryline Mortgage holds the mortgage on both. City Attorney Rosenthal discussed that our demolitions costs and liens would probably be secondary to the outstanding mortgage so there is to guarantee that the City will recover any money. He added that they are looking into a different process where recovery of demolition costs may take priority over the mortgages on future cases. He said John Hamilton from his office is working on that. Mayor Vandergrift said he would like to wait to see if the process can be done differently to recover the costs of demolition. He felt the answer could be brought forward at the next commission meeting so he is voting no for now. City Attorney Rosenthal said that John Hamilton in his office has been working on this. Commissioner Keller, seconded bv Commissioner Wilsen moved to approve the expenditure of funds from the continaencv account for demolition of the properties at 1400 Samantha Street and 504 Withers Court. Motion failed with a 2- 2 tie, with Mavor Vanderarift and Commissioner Johnson opposed. City Attorney Rosenthal clarified that this will be brought back on the next agenda after research is done to see if there are available means to recover the costs of the demolitions. They will discuss it on Thursday at the City Attorney Day meetings. ~ ....,,~ ,... 'Qii~ )'~ 'IY.: J iij'C · ~i ~"" '. ~ ""'" ~.1". '. ....~ -"WA ''l'l''''''i>'i,.,~...mw~'!i': ""!JF' 1 Ojll!uD)au Rel,a1!Qns Dl~J:!!.,tyMB,oard.Jssll~~~(Q..ty"..cler~iElkenb~m)...f&1!~'U1i',i_V > ""IJi,,~ a. Approval of Resolution 2010-010, Amending Resolution 2004-11 and Adopting Changes to the HRDB General Purposes and By-Laws. At the July 6, 2010, City Commission Meeting, HRDB Board Chair Maxwell expressed a serious interest in having two non-residents of Ocoee be considered for membership on the HRDB Board. Consensus of the Commission was that the resolution and bylaws be amended on the next regular meeting agenda, allowing the Commission to waive the residency requirement, prior to making appointments. City Clerk Eikenberry explained that at the previous meeting the Commission requested an amendment to the resolution allowing them to waive the residency requirement for HRDB applicants before they would consider doing that. The first item is the amended resolution. City Attorney Rosenthal read the title of the resolution. Commissioner Keller, seconded bv Commissioner Wilsen, moved to adopt Resolution No. 2010-010, approvina the amendments to the resolution and bvlaws of the HRDB Board. Motion carried 3-0 with Commissioner Hood absent and Mavor Vanderarift away from the dais. Page 9 of 14 City Commission Regular July 20, 2010 Item # 1 0 Continued The resolution as adopted carries the following title: RESOLUTION NO. 2010-010 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AMENDING RESOLUTION NO. 2004-011 RELATING TO THE HUMAN RELATIONS DIVERSITY BOARD BY PROVIDING FOR A CHANGCGE IN ATTACHEMENT "A" AND ATTACHMENT "B" TO RESOLUTION 2004-011 TO ALLOW THE COMMISSION TO WAIVER CERTAIN MEMBERSHIP QUALIFICATIONS WHEN THE COMMISSION DEEMS IT APPROPRIATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. b. Appointment to the HRDB Board. Pastor Gabriel Padilla, founding pastor of the multi-lingual, multi-cultural Elevation Christian in Ocoee, has expressed an interest in serving on the Human Rclations Divcrsity Board. Pastor Padilla is not a citizcn 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. a) The Installation of Crematory Vaults in the Ocoee Cemetery City Clerk Eikenberry explained that the vaults were approved at budget time last year, however when they proceeded with the purchase and installation of the columbariums in the pavilion it was found that the condition of the pavilion floor was not good enough to support the 4000# weight of the columbarium. The estimate given to repair the floor was $4,000 - $5,000, and the estimate to repair the entire pavilion and better secure it is $25,000 - $30,000. She added that other cities are charging other administrative fees for interment services and opening/closing of cemetery niches so that is another option to recoup some of the costs. Page 10 of 14 City Commission Regular July 20, 2010 Item #11 continued Commissioner Johnson said feels that has always been a city service we provide free to the residents. He said he would like to move forward by making the repairs to the pavilion and installing and one small columbariums. Commissioner Johnson. seconded by Commissioner Wilsen moved to approve the entire repair of the pavilion and installation of one columbarium. Discussion followed regarding cost of the repairs and how much vs. how much would be made from the sale of the crematory niches. City Clerk Eikenberry stated that other city- owned cemeteries were charging an average of $600-$800 for residents and up to $1200 for non residents. City Manager Frank stated that with the demolition of the homes and the Founder's Day balance are still pending; there may not be enough money left in the contingency fund to pursue this. Consensus of the Commission was to table this item to the next re~ular Commission meetin~ when amount the will be available in the contin~ency fund can be established. I b) Maintenance Issues Consensus of the Commission was to add increased maintenance in the cemetery to the bud~et wish list because it is not currently included in the FY/1 0-11 bud~et as it is balanced. I c) Enforcement of Section 61-12 Requiring Permits Prior to Placing a Memorial Commissioner Keller. seconded by Commissioner Wilsen to enforce Section 61-12 of the Code of Ordinances reQuirin~ that a permit must be obtained and a fee paid before placement of any memorial and settinQ such fee at ~ Motion carried 3-0 with Commissioner Hood absent and Mayor Vander~rift away from the dais. I d) Revision of Chapter 61; Draft of Recommended Changes Consensus of the Commission to brin~ back the su~~ested chan~es as an amendment to the ordinance at a later date. Page 11 of 14 City Commission Regular July 20, 2010 12~rSettin' .,,,,,g ranE The TRIM Act requires local governing bodies to set a proposed tentative millage rate annually during the month of July. The property appraiser is then notified of the rate and uses it to advise taxpayers of their proposed tax levies for the next year. This rate can be lowered during the budget hearings in September, and has historically been done so by the city. HB-l establishes levels of approval by the governing body in setting the millage rate. This bill provides for a maximum millage rate that can be levied by the governing body with a maioritv vote. This maximum millage rate for the upcoming fiscal year, 6.4174, is an increase of the current year millage (5.4974). The rolled back rate for 2010/2011 is 6.3755. This rate is higher than the current year rate due to the decrease in assessed property value resulting from Amendment 1 and the decline in the economy. The City's assessed value decreased $285,624,020. This is a reduction of$1,523,084 at the current millage rate of5.4974. The City can set the proposed millage for FY 10/11 up to 7.0591 with a SUDer maioritv vote by the Commission. A millage rate higher than the 7.0591 would require a unanimous vote by the Commission. The proposed budget is currently balanced at 5.4974. City Manager Frank explained various millage rate options. Commissioner Wilson, seconded bv Commissioner Keller to set the proposed tentative millaQe rate at 6.4174. Motion carried 3-1 with Mavor VanderQrift opposed and Commissioner Hood absent. il l ~q1~rH.qt pj Commission has previously selected August 111 and 3151 as workshop dates. Workshops will begin at 6:00 p.m. Staff recommends the commission schedule the public hearings for September 151h and 29th. If there is a conflict with these dates we recommend alternate dates of September 15th and September 301h. Hearings will begin at 7:00 p.m. Finance Director Horton said staff recommends September 15th and 29th or September 15th and 30th. She stated these are the only dates that do not conflict with the School Board or Orange County's budget hearings. City Attorney Rosenthal stated the only advantage with picking the 29th for the second date is that there is room to continue the hearings if it becomes necessary. Commissioner Keller, seconded bv Commissioner Wilsen moved to select September 15 and 29, 2010 at 7:00 p.m. for the Tentative and Final BudQet Public HearinQs. Motion carried 4-0 with Commissioner Hood absent. I J. STAFF ACTION ITEMS none I K. COMMENTS FROM COMMISSIONERS Commissioner Keller - None Commissioner Johnson - 1) stated that Quality Vaults is having funeral services on the weekend and their occupational license does not authorize for funeral services. He further stated there are cars all down the side of the road and in the parking lot adjacent to their building. City Manager Frank inquired if these services were every weekend. Commissioner Johnson stated it is not every weekend but the services are illegal since their license is only for vault/crematory. Page 12 of 14 City Commission Regular July 20, 2010 City Manager Frank stated he has spoken to Deputy Fire Chief Butch Stanley about this and they do have officers who work certain weekends which is why he inquired if this issue is an every weekend event. Mayor Vandergrift stated it does not have to be a weekend for the officer to go in and advise the owners that it has been reported to them that they are having services and that if it should happen again they will fine them. 2) stated they have Code Enforcement picking up signs but they did an ordinance years ago about real estate signs being able to be up over the weekends, but it does not allow for other businesses that are trying to make a living have signs out on the weekend. He would like to see a change in the ordinance where businesses can also have their signs up on the weekend. Mayor Vandergrift stated that when they passed that ordinance they allowed for a kiosk format so that the city or a private firm could put the kiosks up and permanent signs could go up in the base of the kiosk so they would not have small signs out on the weekends. Commissioner Johnson stated he feels that it would be fair if these businesses would be allowed to put small signs up in front of their businesses on the weekend only and have them down my Monday just like the realtors are doing. Commissioner Wilsen stated what she is seeing now is signs in front of subdivisions and she those not want to see signs out in front of residential areas. Mayor Vandergrift stated they have the laws up for the realtors but inquired if they want to open up that law up to everyone and if so what forms of businesses (commercial, restaurants, industrial, etc.). Commissioner Johnson stated they have taco stands running in Pioneer Key I without a license on the weekends but when a call was placed to Code Enforcement they were told only signs were picked up on the weekends. A brief discussion ensued regarding licensed vendors. Commissioner Johnson stated that City Manager Frank made a good suggestion in that a special request is made by a business if they would like to place a sign up. City Manager Frank stated that about 6 months ago they had Russ Wagner handling a lot of these complaints from businesses who were not doing well which he went out to give some suggestions. He stated with a request this would help so that when a request comes in they can send staff out to make some suggestions and maybe even issue a temporary sign or something to that effect. Commissioner Wilsen stated she would like to see our businesses succeed. Mayor Vandergrift inquired if there is anything in our ordinance regarding sidewalk vendors. Development Director Shadrix stated he would have to go back and look through our code but the city does that have the type of sidewalks which allow sidewalk vending. He further stated regarding the issue the City Manager touched on they would like to do a case by case basis with the different businesses regarding the signage issue. 3) stated that the homeless people by the lake are taking shelter out there during the day and he wanted to know if there is any way they can do something about that. City Manager Frank stated he does not know if Police chief Brown has any specific ideas but they have stepped up some enforcement and it did help for awhile. Police Chief Brown stated they can look at any rules or violations that they might be making and they can give them some attention. Mayor Vandergrift stated he recalls that they had discussion about making appointments for the shelters so that they would not have these problems on the weekends. Parks and Recreation Director Hayes stated that the pavilions can be reserved should someone desires to do so. They can contact the Parks and Recreation Department to rent the pavilion for $10/per day. City Manager Frank added that there is a recommendation to increase that charge for the next fiscal year. Mayor Vandergrift suggested they put signs up stating the pavilions can be reserved. Brief discussion issued regarding restrooms also being out of service. Commissioner Wilsen - I) stated she was at the Parks and Recreation Advisory Board and wanted to thank Development Service Director Shadrix for his presentation. It was well received Page 13 of14 City Commission Regular July 20, 2010 and very informative. 2) stated they also received a Programs Conducted with Recreational Instructors Agreement which she would like to forward to the City Manager to see if it is something that could be looked into regarding the fee schedule and whether it should be updated. City Manager Frank stated they would bring that back with staff recommendations. Mayor Vandergrift inquired if Commissioner Wilsen was the liaison for the Recreation Board and further inquired if the board gave input regarding this agreement. She stated the Parks and Recreation Board gave input into fees for the rentals, but it would probably be a good idea for them to look at the Instructor Programs as well. Mayor Vandergrift cautioned that we be aware they are part of our Recreation Program and should not be treated as outsiders. I ADJOURNMENT The meeting was adjourned at 9:41 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 14 of 14