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HomeMy WebLinkAbout09-21-04 Minutes OCOEE CITY COMMISSION REGULAR CITY COMMISSION MEETING MINUTES September 21,2004 I CALL TO ORDER Mayor Pro Tem Anderson called the regular session to order at 7:18 p.m. in the Commission Chambers on City Hall. Commissioner Parker led the Invocation and Resident David Morris led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Mayor Pro Tem Anderson explained that Mayor Vandergrift was attending a school rezoning meeting. Roll Call: Mayor Vandergrift (absent), Mayor Pro Tem Anderson, Commissioner Howell, Commissioner Johnson, and Commissioner Parker. Also Present: City Manager Frank, City Attomey Rosenthal, and City Clerk Eikenberry I PRESENTATIONS AND PROCLAMATIONS Proclamation - Constitution Week - September 17-23, 2004. (Mayor Vandergrift) I COMMENTS FROM CITIZENS/PUBLIC David Morris, 175 Lansbrook Court, Chair of Ocoee Education Commission, discussed the fundraiser event (Luau) on 2/19/05 at the Beech Center. Commissioner Howell. seconded by Commissioner Parker. moved to support the fundraiser and waive the fee for the use of the facility. Motion carried 4-0 with Mayor Vanderarift absent. Lester Dabbs, Jr. 619 Carborca Court, discussed the Veteran's Memorial Interchange, which has been mandated but not funded. The program designating this will occur on 10/20/04 at 10am at the new car facility of Florida Auto Auction. They have received some funding from other cities. They have a 501#C designation. He asked if the City of Ocoee could contribute $500 or more. Commissioner Howell. seconded by Commissioner Parker. moved to contribute $2000 to this event from the Commission Continaency Fund FY 2004/05 Budaet. and have Geauita help coordinate the event. Motion carried 4-0 with Mayor Vanderarift absent. I COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker- asked for and received the concensus of the Commission to work with the developer of Arden Park (Steve Dill's property, formerly Magnolia Plantation) and move this project forward through the process. Commissioner Johnson- none Commissioner Anderson- none Commissioner Howell - none Mayor Pro Tem Anderson - none City Commission Regular Meeting September 21, 2004 I CONSENT AGENDA I A. Approval and Acceptance of the Budget Work Session Minutes of September 2, 2004. (City Clerk Eikenberry) A. Appointment of Louis Fazio, Jr. to the Education Commission. (City Clerk Eikenberry) Only one application was submitted at this time and should the City Commission wish to appoint Louis Fazio, Jr. to the Education Commission; he would serve a two-year term ending September 1, 2006. B. Appointment of Michael Hopper as Alternate Member to the Code Enforcement Board. (City Clerk Eikenberry) Only one application was submitted at this time and should the City Commission wish to appoint Michael Hopper to the Code Enforcement Board; he would serve a three-year term ending September 30, 2007. C. Reappointment of Nora Gledich as Trustee for the Police Officers'/Firefighters' Retirement Trust Fund. (City Clerk Eikenberry) Trustees of the Police Officers'/Firefighters' Retirement Trust Fund respectfully requests this Commission to certify the reappointment of Nora Gledich to serve another term ending September 30, 2006. Trustee Gledich has indicated she is willing to serve another term if appointed. At this time no other applications were received for serving on this board. D. Approval and Authorization for Replacement of Three (3) Stolen Code Enforcement Dell Laptops; and Authorization to Transfer Funds from Temporary Position/Overtime Line Item to Capital Purchases. (Building Official Phelps). During the Labor Day weekend and preparation for Hurricane Frances, (3) laptop computers were stolen from the Code Enforcement office in City Hall. A report has been filed with the city's insurance carrier and the Ocoee Police Department. The use of funds previously approved for temporary positions and overtime by the City Commission will be needed to make the purchases. The cost of each laptop computer will be approximately $2600.00, which includes shipping for a total of $7800.00. E. Approval and Authorization for Temporary Closing of City Owned Streets for Ocoee Founder's Day 5K Road Race. (Building Official Phelps) The event will be held on October 9,2004, from 7am until 9:30am. The streets to be closed are Clarke Road, White Road, Or1ando Avenue, Stinnett Drive, E. Lakeshore Drive and Vandergrift Drive. The following requirements will be met: 1) All residents that will be affected by the road closings must be notified in advance; 2) Health Central Ambulance must be notified of the road closings in advance; 3) Roads must be blocked with proper barricades; 4) An emergency lane must be maintained during the event. F. Approval and Authorization for Temporary Closing of City Owned Streets for Ocoee Founder's Day Festival and Parade. (Building Official Phelps) The event will be held on October 15-16, 2004. The streets to be dosed are Flewelling Avenue, Rewis Street, McKey Street, Cumber1and Avenue, Oakland Avenue, and Lakewood Avenue. A portion of S. Lakeshore Drive will be closed on October 14th at noon. The public boat ramp at Starke Lake will be closed on October 15-16. The following requirements will be met: 1) All residents that will be affected by the road closings must be notified in advance; 2) Health Central Ambulance must be notified of the road closings in advance; 3) Roads must be blocked with proper barricades; 4) An emergency lane must be maintained during the event. G. Approval and Acceptance of Resolution 2004-09, Adopting Official By- Laws for the Community Merit Awards (CMA) Board. (Assistant to the City Manager Shira) One of the CMA Board members is moving out of the City. The question came up whether he would need to resign from the Board. At that time, staff discovered that formal bylaws and other board criteria were never officially adopted for the CMA Board. At the recommendation of the City Clerk's office and in an attempt to maintain consistency, Resolution 2004-09, was drafted using the same basic criteria as outlined in the recently established Human Relations/Diversity Board bylaws. With regard to the question of membership, the Resolution speCifies that members must either be persons who are legal residents of the City of Ocoee, or who own real property in Ocoee, or who hold a valid occupational license for a business located in Ocoee. Page 2 of5 City Commission Regular Meeting September 21, 2004 H. Approval and Authorization of McKey Street Business Improvement Incentive Grants. (Assistant to the City Manager Shira) Staff is recommending two $5,000 grants. The $10,000 total would come from the FDOT reimbursement grant as long as there are no major change orders needed for the streetscape project. These grants would provide incentives for business owners to make improvements to their property to go along with the publiC improvements with the overall result of an improved look downtown. I. Approval and Authorization of Change Order #2 for 13 Days Time Extension for Gibbs & Register for Construction of McKey Street; and Authorization for Mayor and City Clerk to Execute Change Order. (Deputy Public Works Director Zaitooni) . McKey Street contractor, Gibbs & Register, Inc., has requested 13 days time extension for lost time during Hurricane Charley, Hurricane Frances, and additional work. for Change Order # 1. Staff has reviewed this request and agrees with the lost time. If approved, this change will postpone the substantial completion date to November 16, 2004, and final completion date to January 15,2005. Consent Agenda Vote: City Attorney Rosenthal read the title of Resolution 2004-09 for Consent Agenda Item H. Commissioner Howell pulled Item I, and Commissioner Anderson pulled Item J from the Consent Agenda for a brief discussion, and then a vote was taken on the entire Consent Agenda. Commissioner Parker. seconded by Commissioner Johnson. moved to aoorove items A. B. D. E. F. G. H. I. and J from the consent agenda as oresented. Motion carried 4-0 with Mayor Vandergrift absent. I PUBLIC HEARINGS A. Second Reading of Ordinance. Ordinance No. 2004.22 - Relating to Automatic Fire Protection Systems Required in Certain Multi-Family Residential Units. (Assistant Fire Chief Firstner) Assistant Fire Chief Firstner discussed that the request for changing the Code to include fire sprinklers in 3 and 4 unit buildings in subdivision plans would increase fire protection and reduce any confusion by emergency responders about whether or not automatic fire protection was in place. Mayor Pro Tern Anderson opened the Public Hearing. There being no comments, the Public Hearing was closed Commissioner Howell. seconded by Commissioner Parker. moved adoot the ordinance on second reading as recommended by staff. Motion carried 4-0 with Mayor Vandergrift absent. B. Resolution 2004-07, Finding of Blight to the Proposed Community Redevelopment Agency (CRA). (Assistant to the City Manager Shira) (This Item was moved on the Agenda and heard after Items A-D on the Regular Agenda.) Janet Shira, Assistant to the City Manager, with the assistance of Ginger Corless, President of HHI (Herbert-Hal back, Inc.), Binoy Panicker, Senior Associate/Urban Designer, HHI, and Tom Kohler, RERC (Real Estate Research Consultant), Senior Consultant, gave a powerpoint presentation and discussed the process needed to form a CRA, the planning and economic impact, and the purpose of the geographic boundary selected to define the CRA. Page 3 of5 City Commission Regular Meeting September 21, 2004 Commissioner Parker. seconded bv Commissioner Johnson. moved adoot the Resolution No. 2004-07 findina the existence of bliaht conditions in an area of the City of Ocoee. and aooroved the beainnina of neaotiations with Oranae County to establish a CRA. Motion carried 4-0 with Mavor Vanderarift absent. I REGULAR AGENDA C. Approve Amendment #1 to Current "Residential Yard Waste and Bulky Waste" Contract with Onyx Waste Services for Removal of Storm Debris. (Deputy Public Works Director Zaitooni) Deputy Public Works Director Zaitooni explained that FEMA requires us to have a contract for debris removal. Our current contract does not contain an emergency clause for hurricane debris, so this addendum would cover us now and in the future. He advised they are about 75% complete in picking up storm debris. City Manager Frank said we will continue to pick up debris free of charge until some date in the near future, which has not yet been determined. Commissioner Parker. seconded bv Commissioner Howell. moved aoorove Amendment #1 to the Contract with OnYX Waste Services for removal of storm debris. Motion carried 4-0 with Mavor Vanderarift absent. D. Discussion re: Bus Shelter Agreement with Jaycees. (City Attorney Rosenthal) City Attorney Rosenthal reviewed this issue stating that when the City entered into a direct contract with Culver-Amherst, the non-profit agencies advised they were not going to exercise their Right of First Refusal, and now there are three non-profit agencies (Jaycees, MADD, and Boys and Girls Club) exercising that Right. The issue has been delayed while waiting for a new City Manager to come on board. The options are to 1) enter into the bus shelter agreement with the three non-profit agencies on the same terms and conditions as the agreement with Culver-Amherst, 2) negotiate a new separate agreement with the non-profits, 3) elect not to proceed with any bus shelter agreement, or 4) attempt to negotiate with the non-profits to relinquish their Right of First Refusal, or directly contract with Culver-Amherst with a provision for them to compensate the non-profits. Rick Newcomer and Dick Batchelor of Culver-Amherst presented their view, as well as Denny Emory of Metropolitan Systems, Inc. City Attorney Rosenthal said we cannot enter into an agreement until the Right of First Refusal is exercised or the 12 year contract expires. Consensus of the Commission to direct staff to research the oriainal aareement. the issues of insurance. and the non-orofit oraanization's Riaht of First Refusal. E. Discussion re: Implementation of a Program for One-Time Relief of Exceptionally High Water Bills. (Public Works Director Wheeler) Public Works Director David Wheeler explained the staff's recommendation is not to create a policy for a one-time relief to customers who use an excessive amount of water, as it would have a significant effect on revenue generation, would not promote water conservation, and would require a new rate study. Page 4 of 5 City Commission Regular Meeting September 21, 2004 Commissioner Parker explained that she brought this idea up to help customers who were shocked by very large bills due to lack of knowledge or an equipment malfunction, but if it is going to cause this big of a problem the issue should be dropped. Discussion followed regarding the possibility of using a sliding scale to give people some relief other that forgiving the entire bill. City Attorney Rosenthal said that this would probably have to go before the bond council because potentially every customer could take advantage of it and cause a significant loss of revenue. Consensus of the Commission that no further action should be taken on this item. hardship cases can still come before the City Manaoer on a case bv case basis. F. Appointment of a Voting Delegate For the National League of Cities' Annual Business Meeting. (City Clerk Eikenberry) Without Obiection the Consensus was to appoint Commissioner Parker as the Votino Deleoate and Commissioner Johnson as the alternate. I STAFF REPORTS-None I COMMENTS FROM COMMISSIONERS Commissioner Howell - discussed problems with the garbage company and advised residents that the problem is not being ignored. The company has been fined and pressure has been put on them to improve. Commissioner Anderson said he would like to have them appear before the Commission in the near future and explain why they have not fulfilled their contractual obligation and what they will do about it. City Manager Frank said he would invite them to a future meeting. Commissioner Parker - no comments Commissioner Johnson- asked about the Shriner's event, to which City Manager Frank said that it had been approved today, and we will have written guidelines. He asked about getting speed limit signs in neighborhoods such as Cumberland Street and Delaware. Speed limit signs are needed so that police can enforce. Deputy Public Works Director Zaitooni recommended they post 25mph signs and let the Police Department monitor it. Consensus was to try some red signs in a few neighborhoods to see if it would improve enforcement. Commissioner Johnson spoke about the Tom Ison, former Mayor of Ocoee and current Chair of the General Employees' Pension Board, who passed away unexpectedly on September 17,2004. He was a great man who will be sadly missed. He gave a summary of events that will occur on Founder's Day on October 16, 2004. Mavor Pro Tem Anderson-no comments The meeting adjourned at 9:53 p.m. Attest: APPROVED: City of Ocoee "> " / / ' ( :5~ L/i:>{,lcf~./ :~. S. Scott Vandergrift, Ma or Page 5 of5