Loading...
HomeMy WebLinkAbout08-02-11 MINUTES OCOEE CITY COMMISSION August 2, 2011, 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, 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 B. PRESENTATIONS AND PROCLAMATIONS Ed Apodaca of the Employee Support of The Guard and Reserve stated it is his honor to present the Patriots Award to Police Chief Brown, Sgt. Nylander, and Sgt. Alexander who were all nominated for this award by Officer Jack Davidson. Officer Jack Davidson stated he is not only an Ocoee Police Officer but also a Reservist and he feels the city has gone above and beyond in always supporting him in his endeavors in serving his country. He further stated he nominated Sgt. Nylander and Sgt. Alexander because they were his immediate supervisors during his last deployment and they were both there for him any time he needed anything. Police Chief Brown was also a great supporter to him and many times checked in on his family when he was deployed which he really appreciates. C. COMMENTS FROM CITIZENS/PUBLIC Teresa Lemons, President of the Woman's Club, announced that on Friday, September 9 the Woman's Club will be hosting a Little Miss Patriot Pageant. Information on the event can be found in the West Orange Times this week. Also on Saturday, September 10 they will begin their event with a parade and would love to have the City Commissioners, Mayor, and City Manager participate in the parade which will start at the Ocoee Middle School and go north on Bluford Ave. and end at Starke Lake. Ms. Lemons announced that they are currently seeking crafters and food vendors which information for this will also be found in the West Orange Times. Ms. Lemons stated that they have encountered a couple of little problems and is seeking help from the Commissioners and Mayor with permitting. She stated that they received comments from the Fire Department requesting a $50/hour fee for them to inspect all the food vendors. Commissioner Hood, seconded by Commissioner Keller, moved to waive the $50 /hour fee for food vendor inspections. Motion carried 4 -0 with Commissioner Johnson absent. Ms. Lemons stated that she also received a letter from Krista Hall in the Development Services Department regarding needing insurance from the Woman's Club. Ms. Lemons explained that the Woman's Club is just partnering as labor with the Lion's Club and the Lion's Club will be City Commission Regular August 2, 2011 providing any insurance requested for the Beverage Garden, so they are asking if the Woman's Club could be removed from that request. The Lion's Club is willing to fulfill the request of the insurance requirement but they would like to wait to put the insurance in place once they know that permitting has been approved. City Manager Frank stated that request may be possible as long as they know there is some coverage but at this point he cannot say "yes" or "no ". Assistant City Manager Shadrix stated that this request is being reviewed by staff and there is a meeting set for next week to have a group review because there are some complexities. The HR Director is aware of the insurance issues and he is currently reviewing the Lion's Club policy. HR Director Williford stated that they have been furnished the certificate of insurance by the Lion's Club and they had initially looked at the permit as the Woman's Club being a co- sponsor which is why they were requesting both entities to provide insurance; however, if the Lion's Club is the responsible party than they would not have an issue with being named on their coverage. Mayor Vandergrift inquired if a letter from the Lion's Club covers that issue. HR Director Williford stated as long as that is acceptable by the City Commission and Attorney. City Attorney Rosenthal stated this is not a subject that requires Commission action and is really just an administrative issue. Ms. Lemons gave another brief summary of the events for the day which included the parade, motorcycle poker run and motorcycle show, cornhole contest, pie judging contest, entertainment, kiddie rides, and games. Commissioner Keller inquired if this event has been worked out with the Farmer's Market. Ms. Lemons stated that the Woman's Club has plenty of parking on their property for those attending the pageant. Commissioner Wilsen stated she has not seen anything before them on road closure and inquired if their paperwork has been submitted for this. Police Chief Brown stated that they will have a staff recommendation on the road closure hopefully by Tuesday at their meeting. This event is not only requesting road closure but they are also requesting to serve alcohol so staff is having a group meeting on Tuesday of next week and will have a recommendation for the next Commission meeting. Ms. Lemons stated that the Woman's Club of Ocoee had presented a historical grant application to the State of Florida and they had asked the City to match that grant if they received it. They recently received a letter from the State advising them that they did not receive funding and the Governor only placed funding for the top 41/2 applicants. The Woman's Club will re -group and discuss their budget and will get back to the Commission as to where they stand. They would like to thank the City for their consideration and opportunity to work with them on making this a historical site in Ocoee. Ms. Lemons further announced that on Friday, August 26 the Woman's Club of Ocoee will be hosting a BUNCO game night and cost is $10.00 which includes a light dinner. Victoria Laney, 830 Hammock Drive, stated that she attended the National Night Kick -off for Orlando and found an Ocoee citizen promoting "Teaching Teens to Drive with Care ". The program is free and provides red thumb bands to remind teens to not text while driving. Ms. Laney stated that Wendy Kimelman is also a Trauma Program Manager at Orlando Regional and thinks it would be a great idea to have her at the upcoming police picnic and other events. She is also available to teach teen driving here in Ocoee and will do it for organizations. ( 2 ) City Commission Regular August 2, 2011 Ms. Laney announced that she recently visited a Farmer's Market in Columbia, Missouri that accepted Supplemental Nutritional Assistance Program (food stamp) cards. She further stated she found a similar program in Sanford which is funded by a federal grant and inquired if they should consider offering a similar program at the Ocoee's Farmer Market. Mayor Vandergrift requested that staff look into this. Ms. Laney announced that last year at the Central Florida Film Festival the best of the fest feature was a film on bullying called the Fat Boy Chronicles. She further stated the director /producer for that film Mr. Michael Buchannan is back this year and he will be available to partner with the City of Ocoee Recreation Department and have a special screening of this film should they be interested. She will forward contact information to contact Mr. Michael Buchannan. Ms. Laney thanked Police Chief Brown and all the great officers for following up on a program by the Homebuilder's Institute to provide mentors and pre- apprenticeship programs for at -risk youth. The program is funded by the Department of Justice and can be used by churches or civic organizations. She has contact information should anyone be interested. Ms. Laney lastly thanked Joy Wright for taking care of listing the Withers Maguire House for the next Arts Festival in February 2012. They have never been listed before. D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced the following: 1) Before them there is a revised Item # 8 — First Amendment to the City of Ocoee /Colburn Development Agreement. The City Attorney will clarify the changes during the Public Hearing. 2) Police Department is having Community Affairs event at the West Road Publix — Saturday August 06, 2011, from 11:00a.m till 2:OOp.m. The police department will there to fingerprint children and pass out educational material. They will also have a Community Affairs event at the West Oaks Mall — Saturday August 13, 2011, from 1:OOp.m. till 5:OOp.m. The police department will be at the West Oaks Mall to participate in the mall's anti- bullying campaign, fingerprint children, and pass out educational material. Location of the event within the mall is still to be determined. 3) Police Department is also hosting a "Kicks for Guns" event — Friday August 19, 2011, from 7:00a.m. till 7:OOp.m. Location is still to be determined. The police department will give away $50 gift cards to anyone who turns in a firearm. No questions will be asked of the person turning in the firearm in hopes of removing as many unwanted firearms as possible off the streets. 4) The City of Ocoee is proud to host the Central Florida Film Festival. The Central Florida Film Festival will hold a "Sneak Preview" on Wednesday, August 3 at the West Orange 5 Cinemas on Maguire Road. Doors will open at 7:00 pm with complimentary popcorn, soda and beer. For more information, visit www. CentralFloridaFilmFestival.com. E. COMMISSIONERS ANNOUNCEMENTS ( 3 ) City Commission Regular August 2, 2011 Commissioner Wilsen — None Commissioner Keller — 1) announced Monday, August 15 in front of Chevy's there will be a Classic Car Show which Chevy will be hosting every Monday after this event. 2) announced the Police Department Motor Unit was recognized for law enforcement challenge awards and they finished 8 out of 100 Police Departments in the State. He further thanked and congratulated Officer Duane Hunt and Officer Travis Clarke. Commissioner Hood — 1) announced that Budget Meetings are coming up on August 8 and 17 at 6:00 p.m. He encouraged citizens to get involved and if they would like to view a budget book they can stop by City Hall or contact there Commissioners. The Budget Hearings are scheduled for September 7 and 21 F. CONSENT AGENDA Commissioner Hood, seconded by Commissioner Wilsen, moved to approve the Consent Aqenda Items #1 through #7. Motion carried 4 -0 with Commissioner Johnson absent. 1. Approval of Minutes for the Regular Commission Meeting Held July 19, 2011. (City Clerk Eikenberry) Approved on Consent. Motion carried 4 - 0 with Commissioner Johnson absent. 2. Approval of Certification of Non -Ad Valorem Assessment Roll for Stormwater Inclusion on the Orange County Tax Roll for Fiscal Year 2011/2012. (Public Works Director Krug) The City commission approved Resolution No. 2006 -003 to provide for collection of stormwater fees through the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector requires the City to annually certify the non -ad valorem assessment roll by September 15 The fiscal year 2011/2012 tax roll for Stormwater calculates revenue to be $3,252,402. This is a decrease of $24,002 from the current year due to corrections and adjustments of impervious areas. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 3. Approval of Certification of Non -Ad Valorem Assessment Roll for Solid Waste Inclusion on the Orange County Tax Roll for Fiscal Year 2011 /2012. (Public Works Director Krug) The City commission approved Resolution No. 2006 -003 to provide for collection of Solid Waste fees through the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector requires the City to annually certify the non -ad valorem assessment roll by September 15 . The fiscal year 2011/2012 tax roll for Solid Waste calculates revenue to be $2,799,216. This is based upon the residential Solid Waste fee of $21 per month. This is an increase of $42,336 from the current year and is attributed to annexations and new homes. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. ( 4 City Commission Regular August 2, 2011 4. Approval of 13th Annual Kicks 4 Guns Firearms Turn -In Initiative: Request for up to $7500 from the Police Forfeiture Funds. (Police Chief Brown) For the 13 year Clear Channel — REAL Radio in partnership with the Central Florida Crimeline will be organizing the annual Kicks 4 Guns (gun turn in). The event is scheduled for August 19, 2011. Last year there were 11 locations and in one day, 1356 firearms were turned into law enforcement with no questions asked. This year the Ocoee Police Department will participate in the Kicks 4 Guns initiative. Law enforcement hosts for the initiative typically give $50 give cards for firearms turned in. Per Florida State Statutes 932.7055 "...any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15 percent of such proceeds for the support or operation of any...crime prevention, safe neighborhood program(s). Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 5. Approval of Award of RFP #11 -007 -R Multi-Function School Activity Bus and 4 -Year Lease Purchase Agreement with Suntrust Bank for the amount of $50,773.00. (Purchasing Agent Tolbert) The budget for Fiscal Year 10/11 includes the four -year lease - purchase of one (1) Multi- function school activity bus for the Parks /Recreation Department. The proposal is for one (1) new 12 passenger, two wheel chair position multi- function school activity bus with a total capacity of 15 counting the driver. The activity bus has safety features, such as emergency exits, heavily padded seats, reinforced sidewalls, etc. The activity bus is ADA compliant. Delivery is within ninety (90) days after receipt of order (ARO). The Respondent is required to comply with all state and federal laws and regulations regarding transportation and the sale of activity buses for the purpose of carrying children to and from school. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 6. Police Headquarters: a. Award of Bid #B11 -04 Police Headquarters Fencing to Sherron Building Services Inc. (SBS), in the amount of $167,352.31. (Purchasing Agent Tolbert) The City was awarded a Florida Department of Law Enforcement Grant from the Department of Homeland Security in the amount of $235,000. The City is utilizing the grant money for fencing and other security related items. All work for the project shall be designed and constructed in accordance with the drawings and specifications prepared by or for the City of Ocoee. Bids shall be deemed to include all items necessary to furnish, deliver, and install all materials, equipment, incidentals, and services, including all labor, for the work, which is generally described as the furnishing and installation of fencing around part of the parking area adjacent to the newly construct Police Headquarters Building located at 646 Ocoee Commerce Parkway, near the intersection of Old Winter Garden Road and South Bluford Avenue and west of Wal -Mart on SR 50. Project components include demolition, concrete construction, fence installation, construction of brick columns, electrical wiring, lighting, permanent thermoplastic striping, and clean -up. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. ( 5 ) City Commission Regular August 2, 2011 b. Authorization for - the Finance Department to Issue a Purchase Order to Qualified Systems Contracting, Inc. in the amount of $31,115.88 for the Purpose of Upgrading and Extending the Security System at the Police Headquarters Building. (CIP Manager Butler) The City received a $235,000 grant from the Florida State Homeland Security Program under Issue No. 039E on April 1, 2011, using funds provided by the U.S. Department of Homeland Security, Office of Domestic Preparedness. The purpose of this grant is to construct an 8- foot -high security fence with electronically controlled gates around the perimeter of the Ocoee Police Department Headquarters Building. The gate controls will be provided by upgrading and extending the existing electronic entry security system now in place to control entry into the building. Qualified Systems Contracting, Inc. did the original security system work when the building was occupied and is the source of materials and installation skills necessary to upgrade that system to handle additional points of control and to extend the system to validate and manage entry at the new perimeter fence access points. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 7. Approval of Request to Serve Alcoholic Beverages at a City Owned Facility During a Wedding Event on September 10, 2011. (Parks and Recreation Director Hayes) The Arsenault Family is using a City owned facility, the Community Center, to hold a wedding event on September 10, 2011. The family is requesting permission to serve alcoholic beverages at this event. Past policy excluded the use of alcohol in a city owned facility without specific approval of the city commission. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. G. PUBLIC HEARINGS 8. First Amendment to City of Ocoee /Colburn Development Agreement. (Advertised in the West Orange Times on Thursday, July 21, 2011). (City Planner Rumer) The First Amendment to the City of Ocoee / Colburn Agreement was a joint effort between many parties that gives the City a new alignment of Maine Street that complies with the CRA Target Areas Special Development Plan July 2010, and complies with the Addendum to the City of Ocoee / Colburn Development Agreement approved this December 2010. This Agreement, as amended, updates the Agreement and matches the current plans as to how the area would develop. As the City has complemented the recent buildout of the SR 50 corridor by creating a Community Redevelopment Agency and adopting a CRA Target Areas Special Development Plan, this Agreement as amended is critical in maintaining the vision and philosophy for development in the CRA. City Attorney Rosenthal stated in front of them is a revised version to the agreement and the only change is a provision regarding the retention pond on the west side of Bluford on property owned by Colburn and provided that if the city built the road that the city would build the pond for the road and also to support the development of the Colburn property west of the road. The revised agreement said if the city built the road, an issue that will come before you later, we would only have to build the pond to serve the road and not the whole project. At the last minute Colburn added that if road is not built within a three year period then it would revert back to the original language. That is the only change to what is in the agenda packet. City Planner Rumer stated this is the first amendment to the Colburn Development Agreement and provides for a revised alignment from the 1998 agreement which was approved with the CRA Development Plan. It complies with the CRA Target Area. This item is a public hearing because there is a conveyance of land. There is a .72 acre remnant piece of land. As part of the negotiations in working on this amendment, there was an addendum in December 2010 where ( 6 ) City Commission Regular August 2, 2011 the City conveyed the parkland. The remnant .72 acre piece from that original parkland should be conveyed to the developer and to bring that piece back on the tax rolls. The amendment changes some of the old agreement dealing with impact fees, time of construction periods (three years). Mayor Vandergrift stated that is he understanding that they are going to pay it back in three years. .City Attorney Rosenthal clarified that the City received from Colburn at no cost, a parcel referred to as the parkland pursuant to the original agreement. Under that agreement all of that land would have been north of relocated Maine Street. Now that the alignment is moving, there is a piece of that land that the city got from Colburn that will now fall between relocated Maine Street and the adjacent development of the Ram Property, Colonial Bluford. The DA says that if Colonial Bluford actually constructs this portion of Maine Street within three years and the city accepts it within that period, then the City would give back that remnant piece of land at no cost. It would be part of their project and they will develop it in the normal course. It is included in their Preliminary Site Plan (PSP) at this time with the City, as the owner, seeking the development approval in this particular case. At the time of the agreement ten years ago, we thought Maine Street was going to be built in the next year. This new agreement states that if they don't build the road in the specified time, the city has no obligation to convey that parcel to them. The City could sell it to them or to a third party, or negotiate whatever is appropriate at the time. This is to create an incentive to move this project forward. Opened the Public Hearing Kerry -ann Wilson, representing Colonial Bluford, stated that they have been working diligently with the staff and have come together with a great plan for developing this property. They will be coming forward with a Master Plan and PSP in the next month and they are excited to get started. They are in favor of this conveyance. Closed the Public Hearing Commissioner Wilsen, seconded by Commissioner Hood, moved to approve the First Amendment to the City of Ocoee /Colburn Development agreement per staffs recommendation. Motion carried 4 -0 with Commissioner Johnson absent. 9. Eagle Creek of Ocoee Preliminary Subdivision 'Plan. (Advertised in the Orlando Sentinel on Thursday, July 21, 2011). THIS ITEM HAS BEEN REQUESTED BY THE DEVELOPER TO BE CONTINUED TO THE SEPTEMBER 20, 2011, COMMISSION MEETING. (Principal Planner Fabre) City Attorney Rosenthal advised since it is an advertised public hearing we need to open the public hearing and allow anyone who wishes to speak the chance to do so before we move to continue it. The Public Hearing was opened as no one wished to speak the Public Hearing was closed Commissioner Keller, seconded by Commissioner Hood, moved to continue the Public Hearing to September 20, 2011. Motion carried 4 -0 with Commissioner Johnson absent. ( 7 City Commission Regular August 2, 2011 H. REGULAR AGENDA 10. Approval to Execute a Utility Work by Highway Contractor Agreement with the Florida Department of Transportation in Connection with the Widening of SR 50 that will add the Relocation of City -Owned Water'-and, Sanitary Sewer Facilities to the Highway Construction Project; Current Estimated Cost of the Work is $432,839.68, which must be paid by the City by April 20, 2012. (CIP Manager Butler) The Florida Department of Transportation (FDOT) plans to widen SR 50 through the City of Ocoee. The first part of the project will widen SR 50 from east of the entrance to the West Oaks Mall to Good Homes Road. We expect this project to begin in mid -2012. FDOT has agreed to allow the City of Ocoee to pay the additional cost of relocating water and sanitary sewer force main pipelines between Vizcaya Lakes Blvd. and Vintage Village Pkwy. CIP Manager Butler explained that Florida DOT is widening the eastern part of SR 50 in the City of Ocoee across Lake Lotta by constructing two bridges to replace the fill that is there now. We had a previous agreement to upgrade the traffic signal next to Aldi to use mast arms at the eastern end; the western end of the project is near Chevys. Between those areas there is a water main and a sanitary sewer force main. We need to relocate that facility to the south side; it will be hung on the underside of the bridge. We are working with an engineering firm to draw up the plans; they are 60% at this point. FDOT is asking for an agreement from the City to say we intend to go through with the plans. This is preliminary matter, not the formal commitment which will occur when the plans are at 90% and we have a final cost estimate. The current cost estimate is $386,000; there is an additional 10% contingency fee and 2% administrative fee for FDOT inspections. He advised if the costs exceed the estimated $432,849.68 it will be brought back to the commission with a proposal to spend additional money or do something different. He said $450,000 has been placed in the budget next year to pay for this project. There was discussion about how the cost estimate works. R.P. Monacky, 1820 Prairie Lake Blvd. asked for clarification on why the state does not move the utility lines as part of their project. CIP Manager Butler stated the city utilities are on the right -of -way through a permit, and the City pays nothing for the right to be there however we must adjust our facilities to allow for construction. He stated the road is actually disappearing; he described the process that will be undertaken to move the lines to the south side of the road during this process so that Good Homes Plaza (Aldi, McDonalds, etc.) will never lose service. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the execution of the Utility Work by Highway Contractor Agreement with the FDOT in connection with the Widening of SR50 per staffs recommendation. R.P. Monacky said he was not sure he understands why they are not paying. It was explained again that our utilities are on their property. Commissioner Hood asked if it would be feasible to just give them the utility service. City Manager Frank stated they attempted to swap some service territory. The county came back and said for every equivalent residential unit we would have to pay the capital cost, so it would have been more expensive ($900,000). There was discussion about the need to six -lane Highway 50. After the discussion, a vote was taken on the motion: Motion carried 4 - 0 with Commissioner Johnson absent. (8) City Commission Regular August 2, 2011 I. STAFF ACTION ITEMS - none J. COMMENTS FROM COMMISSIONERS Commissioner Keller — reminded everyone to come out to Chevy's at the West Oaks Mall on August 15 for the Classic Car Show. Commissioner Wilsen — None Commissioner Hood — 1) reminded everyone to come to the Budget Meetings; the first workshop will be Monday, August 8, 2011 at 6:00 p.m. 2) also announced Pop Warner begins football begins this week, keep your eye out for the kids while driving near the ball parks. 3) announced Fall Ball sign -up is this weekend and the next weekend. 4) thanked Public Works Director Krug for taking care of an issue last Saturday. Mayor Vandergrift — 1) announced it is nice that we are doing renovations around the City Hall complex. He also advised that the conference room off of the Commission Chambers is also under renovation. ADJOURNMENT The meeting was adjourned at 8:09 APPROVED: Attest: City of Ocoee i r /`r eth ikenberry, City Cl : S. Scott Vandergrift, Mayor ( 9