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HomeMy WebLinkAbout01-17-12 MINUTES January 17, 2012, 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 Eagle Scout Alex Nashdin. 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 Assistant Scout Master Collen Salisbury gave a brief introduction of Boy Scout Troops 198 who is working on their Community Relations and Citizens of the City merit badges. West Orange Airport Authority Presentation William Maxwell, Aviation Representative for the City, gave an update PowerPoint presentation on the West Orange Airport Authority and MetroPlan. Proclamations - Crossing Guard Appreciation Day — February 3, 2012 Mayor Vandergrift read the proclamation for Crossing Guard Appreciation Day. C. COMMENTS FROM CITIZENS /PUBLIC - None D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced the following: 1) The Parks and Recreation Depaitment will be hosting its monthly Food Truck Friday event this Friday, January 20th, from 6:00 to 9:00 pm. on Lakeshore Drive in Bill Breeze Park. The movie "Kung Fu Panda 2" will be shown during the event; the movie will start at 7:30 p.m., so come out and enjoy a dinner and movie in the park. 2) Clarke Road Landscape project received the final delivery of palm trees yesterday. The crape myrtle trees have all been delivered and all trees will be installed by next week with sod work following immediately pending availability due to weather conditions. 3) The election for Ocoee District 2 will be held on January 31, 2012, in conjunction with the Presidential Preference Primary; the candidates are Rosemary Wilsen and Nancy Cox. The Ocoee Women's Club is holding a Political forum in the City Commission Chambers on January 18, 2012, at 6:30 p.m. This forum will be televised and those who cannot attend in person may watch it live and email or phone in questions. There will also be a Referendum Question on the ballot for all Ocoee residents to vote on: AUTHORITY TO GRANT LIMITED PROPERTY TAX EXEMPTIONS FOR QUALFIED BUSINESSES THAT CREAT NEW JOBS. All residents of the City of Ocoee are urged to vote on this important issue. City Commission Regular January 17, 2012 4) There will be a Rain Barrel Workshop this Saturday, January 21 at 9:00 AM at the Utilities Administration Office. Please note the location change; workshops were previously held at the Community Center. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller — reminded everyone to vote on January 31 on the referendum question. This election is not just for the primary for the presidential and sample ballots should have been received by all showing the two referendum questions. Commissioner Johnson- announced the West Orange Chambers of Commerce is hosting the Big Orange Awards on Thursday, February 2 " at the Special Events Center at Valencia Community College. He further said they will be honoring Richard Irwin of Health Central and Martha Lopez Anderson with Saving Young Hearts. Commissioner Johnson said he received a letter inquiring about sponsoring a corporate table at $375. Commissioner Johnson, seconded by Commissioner Hood, moved to approve $375 to be taken from Contingency for a sponsorship (corporate table) at the Big Orange Awards Event. Commissioner Wilsen advised that she would be purchasing her own ticket because Martha Lopez- Anderson is a good friend of hers. City Attorney Rosenthal advised that she would still have to vote and could not abstain. After discussion motion carried 5 - 0. Commissioner Wilsen — None Commissioner Hood — 1) thanked the HRDB Board for the MLK Parade and Reception Dinner on Sunday night. 2) announced Ocoee Little League sign -ups are this week and try -outs will start this weekend. 3) announced that the Ocoee Men's Soccer Program is co -metro champions and the district tournaments start next week. Mayor Vandergrift — announced that a small sign was put out on the lake as a memorial for Jimmy Hager and it was removed or stolen. He is requesting that if anyone may have the sign to please return it back. F. CONSENT AGENDA Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the Consent Agenda Items #1 through #4 with Item #3 being pulled for separate consideration. Motion carried 5 -0. Page 2 City Commission Regular January 17, 2012 1. Approval of Minutes for the Collective Bargaining Sessions Held on December 6 and 28, 2011, and Regular Commission Meeting and Executive Session Held January 3, 2012. (City Clerk Eikenberry) Approved on Consent. Motion carried 5 - 0. 2. Approval of Moving an Alternate Member to Regular Member Position on the Board of Adjustment. (City Clerk Eikenberry) Ordinance No. 516 on September 15, 1970, created the Board of Adjustment to hear and decide appeals for administrative review, to hear and recommend to the City Commission variances to zoning ordinances. This Board consists of five (5) regular members and two (2) alternate members. Chairman John Resnik has resigned from the board as of January 4, 2012, due to his recent move out of the city limits. Robert Cadle, who was appointed as an alternate to the board in 2009, has indicated he would like to move up to the regular member position. There are currently no applications on file for this board. Approved on Consent. Motion carried 5 -0. 3. Appointments to the Planning & Zoning Commission. (City Clerk Eikenberry) On February 9, 1999, Ordinance No. 99 -09, was adopted requiring nine (9) members that must be City residents for the Planning and Zoning Commission. There are currently seven (7) members on the board. The term of Member Jim Sills is expiring on February 2012, and he has indicated an interest in being considered for reappointment. Additionally, due to the resignations of Lloyd Hollingsworth and James Golden there are two (2) open seats for this board. Currently, one (1) application is on file from Ocoee Resident Glenda Dunn, who has indicated her interest in being a member of the Planning & Zoning Commission. Commissioner Johnson said he has an application for Don Marcotte that was provided on the dais and since he has an opening in his district he would like for him to be considered for recommendation. Commissioner Wilsen clarified that there are two openings on the board. City Manager Frank answered affirmatively. Commissioner Johnson, seconded by Commissioner Hood, moved to reappoint Jim Sills and appoint Don Marcotte to the Planning and Zoning Board. Motion carried 5 -0. Mayor Vandergrift, seconded by Commissioner Wilsen, moved to appoint Glenda Dunn to the Planning and Zoning Board. Motion carried 4 -1 with Commissioner Johnson opposing. 4. Approval of Traffic Enforcement Agreement between the City of Ocoee and Wesmere Townhomes Association, Inc. (Police Chief Brown) A traffic enforcement agreement is required by Florida State Statues 316.006(2) in order for the City of Ocoee Police Department to have authority to enforce traffic laws upon the private roads within the limits of the gated subdivision. Wesmere Townhomes Association, Inc. is requesting such an agreement. Approved on Consent. Motion carried 5 -0. Mayor Vandergrift briefly introduced the new staff writer for the Orlando Sentinel, Mr. Stephen Hudak. G. SECOND READING OF ORDINANCES - PUBLIC HEARINGS Page 3 City Commission Regular January 17, 2012 5. Second Reading of Ordinance to Repeal and Replace Ordinance 2010 -007 Entitled "Water Conservation for Landscape Irrigation" with "Water Conservation for Landscape Irrigation, Irrigation System Design and Installation Standards, and Efficient Plumbing Requirements ". (Utilities Director Smith) (Advertised in the Orlando Sentinel on Thursday, January 5, 2012). The City of Ocoee's SJRWMD Consumptive Use Permit (C.U.P.) requires the City to adopt SJRWMD- approved conservation standards for High - Efficiency Plumbing and Florida - Friendly Landscape Irrigation Standards for new construction. Ordinance 2010 -007, adopted June 15, 2010, has been updated to include the required water- conserving plumbing and irrigation standards and has been accepted by SJRWMD. City Attorney Rosenthal read the title of the Ordinance. Utilities Director Smith explained that the City of Ocoee's SJRWMD Consumptive Use Permit (C.U.P.) requires the City to adopt SJRWMD- approved conservation standards for High - Efficiency Plumbing and Florida - Friendly Landscape Irrigation Standards for new construction. The plumbing requirements call for the use of water conserving appliances and fixtures on any new construction (residential, commercial, or industrial) or any new rehab that is over 50% of the existing structure. The irrigation requirements call for all new landscape irrigation systems, and existing systems or building structures which are scheduled for substantial (50% or greater) rehabilitation, to be installed consistently with the Florida Irrigation Society's Florida - Friendly Landscape Irrigation Standards (FFLIS). A certified irrigation specialist must provide certification that an irrigation system design meets the FFLIS, and also provide final certification that the irrigation system is consistent with the design. Also added to the Ordinance were additional irrigation installation requirements and a new violation which addresses water - wasting, called a mechanical violation. An irrigation system that continuously wastes water due to being improperly installed and/or maintained shall be considered subject to a "Mechanical Violation" each time observed. The first mechanical violation will be enforced after ten (10) days of initial observation by the City. Commissioner Wilsen inquired if everyone was mandated to have irrigation. Utilities Director Smith clarified that the ordinance applies to only those who chose to put an irrigation system in. Commissioner Johnson inquired as to what the cost is to the citizens. Utilities Director Smith said he could not give the exact cost but overtime the citizens will see a savings in their utilities bill. Commissioner Johnson inquired if it the city was going to bring their irrigation up to code once this is passed. Utilities Director Smith said he has already met with both Public Works and Parks Department regarding complying with the new ordinance. Commissioner Wilsen commented that she feels this is a win -win situation for the citizens and city if saving water is something they would like to do. Commissioner Johnson inquired if this ordinance will have a requirement on what kind of outflow comes out of the sprinklers. Utilities Director Smith explained that it will not restrict the amount of water per head but instead will allow for different heads to be used in efficient ways. Mayor Vandergrift opened the public hearing. Page 4 City Commission Regular January 17, 2012 Nancy Christman, SJRWMD, spoke in favor of the ordinance explaining that water conservation is very important to them. She briefly explained the benefits the citizens would get with these new enhancements to the water conservation plan. R.P. Monacky, 1820 Prairie Lake Blvd., inquired if this ordinance will affect anyone who does watering of their lawn by hand. He was told it would not affect him. Mayor Vandergrift closed the public hearing. Commissioner Hood, seconded by Commissioner Keller, moved to approve Ordinance 2012 -003 per staff's recommendation. Motion carried 4 -0 with Commissioner Johnson away from the dais. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2012 -003 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT; REPEALING THE CURRENT CHAPTER 175 OF THE CITY CODE ENTITLED WATER CONSERVATION FOR LANDSCAPE IRRIGATION AND ADOPTING A NEW CHAPTER 175 ENTITLED WATER CONSERVATION FOR LANDSCAPE IRRIGATION, IRRIGATION SYSTEM DESIGN AND INSTALLATION STANDARDS, AND EFFICIENT PLUMBING REQUIREMENTS; PROVIDING FOR TITLE; AUTHORITY, INTENT AND PURPOSE, AND DEFINITIONS; PROVIDING FOR EFFICIENT PLUMBING REQUIREMENTS, PROVIDING FOR IRRIGATION SYSTEM DESIGN AND INSTALLATION STANDARDS, PROVIDING FOR WATER CONSERVATION MEASURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 6. Second Reading of Ordinance on Impact Fee Temporary Reduction. (Advertised in the Orlando Sentinel on Thursday, January 5, 2012). (City Planner Rumer) City Staff proposes a Code Amendment for extending the sunset date for the Temporary Deferral of Road Impact Fee Payments from May 1, 2012, to January 1, 2013. In lieu of the payment of Road Impact Fees prior to the issuance of a Building Permit as provided in Sections 87 -3 and 87 -11, an applicant for a Building Permit will be able to defer the payment of applicable Road Impact Fees until the authorization of "Pre- power" or issuance of a "Certificate of Occupancy" (C.O.) with respect to the structure or building for which the deferral has been requested. The provisions of this amended section shall not be applicable to single - family or multifamily housing projects with less than four dwelling units. Furthermore, the road impact fee deferral set forth in this amended section will include an additional one (1) year extension of road impact fee deferral provided the applicant has first provided the City a letter of credit as security for the payment of the deferred road impact fees. Staff is also providing for a temporary twenty -five percent (25 %) reduction of road impact fees and a temporary fifty percent (50 %) reduction in recreation park, fire, and police impact fees. All reductions will be made retroactive to January 3, 2012, and will expire on January 1, 2013. City Attorney Rosenthal read the title of the Ordinance. Page 5 City Commission Regular January 17, 2012 City Planner Rumer summarized the proposed ordinance. Finance Director Horton gave a PowerPoint presentation showing the Impact Fees for Fire, Police, Recreation and Transportation. She gave unaudited numbers as of 9/30/11. She gave the balance in the fund, debt service payment for 2012, projected revenues, and projected ending balances. She stated the Police Impact Fees and Road Impact Fees would have a negative balance with the 25% reduction. The Recreation Impact Fund is in the best shape of all Impact Fee Funds with an estimated ending balance of $487,000 with the 25% reduction. Mayor Vandergrift clarified that the annual debt service is tied to the Impact Fee funds. City Attorney Rosenthal stated the Impact Fees are not always the primary pledge for the bonds. On road impact fee funds the bonding community did not recognize impact fees as collateral. Other sources of funds may be the pledges, but we have paid the debt service out of the impact fee funds to avoid paying out of the general fund sources. Mayor Vandergrift stated he had asked for figures on a 90 -day moratorium. Finance Director Horton explained why it would be difficult to break it down that way; the closest way to come up with accurate figures is 25% of the annual amounts so that uncharacteristic highs and lows that may occur in one (1) 90 -day period cannot skew the numbers. Mayor Vandergrift added he does not want to tie things down for a year. There was discussion about how and when the impact fees are applied; time frames for permits submitted, reviewed, and issued; the of end -of- year rush of permits that did not come in this year; getting a true calculation on a short term moratorium. If we decided to go with a moratorium, the Commission would need to set up criteria and time frames for issuance, first inspection, certificate of occupancy, additional extensions. City Attorney Rosenthal explained that to set up a moratorium it would probably require a major rewrite of the ordinance and start over with advertising a new public hearing. There have been instances in other cities where developers get a building permit during the moratorium period and then never build; setting up time frames would stop that from happening. Commissioner Johnson said he would like to move forward with staff recommendations. City Attorney Rosenthal said the adoption of this ordinance does not preclude the city from considering a subsequent ordinance that would impose a moratorium. Commissioners Johnson, Wilsen, and Hood expressed the need to move forward with this now. Mayor Vandergrift opened the public hearing. R.P. Monacky, 1820 Prairie Lake Blvd., inquired for clarification on the balance and debt for the transportation impact fees. Finance Director Horton explained that we are paying back money that we borrowed for certain road projects. Mayor Vandergrift asked if we are in line with the reductions established by Orange County. Mr. Rumor said the County has a 25% reduction; our Police and Fire Impact Fees were top heavy and this reduction will bring it down in line with county impact fees. Mayor Vandergrift closed the public hearing. Commissioner Johnson, seconded by Commissioner Wilsen, moved to adopt Ordinance No. 2012 -004 relating to road, recreational park, fire, and police impact fees; amending sections of Chapter 87 of the City Code of Ordinances extending the temporary deferral of impact fee payments under certain circumstances. Motion carried 5 -0. Page 6 City Commission Regular January 17, 2012 The ordinance, as adopted on second reading, carries the following title: ORDINANCE NO. 2012 -004 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO ROAD, RECREATIONAL PARK, FIRE, AND POLICE IMPACT FEES; AMENDING SECTION 87 -3.1 OF THE CITY CODE EXTENDING THE TEMPORARY DEFERRAL OF ROAD IMPACT FEE PAYMENTS UNDER CERTAIN CIRCUMSTANCES; AMENDING SECTIONS 87 -4, 87 -18, 87 -30, AND 87 -42 OF THE CITY CODE BY PROVIDING FOR THE TEMPORARY REDUCTION OF IMPACT FEES FOR ROADS, RECREATIONAL PARK, FIRE AND POLICE; PROVIDING FOR RETROACTIVE APPLICATION OF THE TEMPORARY REDUCTION; ADDRESSING THE AFFECT ON THE TEMPORARY DEFERRAL ON EXISTING ANNEXATION AND DEVELOPER AGREEMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. H. REGULAR AGENDA 7. Appointment and Designation of Scott A. Cookson as City Attorney and Approval of Agreement for Legal Services with Shuffleld, Lowman & Wilson, P.A. (Assistant City Manager Shadrix) On Tuesday, January 10, 2012, the City Commission authorized the City Manager and Mayor to negotiate terms of a contract for City Attorney Services with Shuffield, Lowman, and Wilson, P.A. for Scott Cookson representing said firm to become the City Attorney. The City Manager and Mayor met with Mr. Cookson on January 11, 2012, and have negotiated terms, memorialized in the contract. Commissioner Wilsen, seconded by Commissioner Hood, moved to Appoint and Designate Scott A. Cookson as City Attorney and Approve Agreement for Legal Services with Shuffield, Lowman & Wilson, P.A. per staff recommendation. Motion carried 5 -0. Recess 8:38pm- 8:48pm 8. Discussion Regarding Jimmy Hager Memorial. (Mayor Vandergrift) Mayor Vandergrift said he would like the Commission to consider dedicating a part of the sidewalk or park to Jimmy Hager. Commissioner Johnson said he would like to make a sign that matched the brick signs that are there, and then place a plaque with his name on it. Mayor Vandergrift said without objection staff can come back with suggestions and costs to create signs matching the brick signs already in place. I. STAFF ACTION ITEMS - none J. COMMENTS FROM COMMISSIONERS Commissioner Hood — 1) addressed Assistant to the City Manager Doug Gaines regarding 1104 Doreen Ave. He further said there is only so much the city can do regarding code violations because of the homestead rule. Assistant to the City Manager Gaines explained that there are liens already placed on this property by the city. Commissioner Hood said the commission needs to keep in mind when a homeowner comes before them to ask for a reduction of fine because there are some homeowners who blatantly break the rules and then ask for reductions. City Attorney Rosenthal advised that there are some remedies where they can go into court to Page 7 City Commission Regular January 17, 2012 force somebody to bring their property into compliance but as a general statement that is not a cost effective process. 2) advised Public Works Director Krug that there are two broken sprinkler heads on the medians on Clarke Road across from the mall that are leaking a lot of water. This has been broken for the last 2 months. 3) inquired about the schedule for the resurfacing and speed tables for Peach Lake Manor. Public Works Director Krug said that the design is complete for Peach Lake Manor but they are working with finance to figure out how many phases they can actually do. The total project will be about $3.2 million and they do not have that available right now. Discussion ensued as to what other streets were approved to be paved in Commissioner Hood's area. Mayor Vandergrift inquired as to when the Christmas banners would be taken down on Maguire Road. Public Works Director Krug said they should have come down on Friday. Commissioner Hood said there is also Christmas banners out by the High School that need to be taken down. 4) inquired from Parks and Recreation Director Hayes if the commission could get information on the Orlando Broadway Dance to include all the financials that came in this past year from them and the hours they use the building. He further said there are signs that are out all the time advertising the Orlando Broadway Dance on the corner of Wurst Road and Adair Street as well as brochures on the front door of Vignetti. He feels this is taking advantage of the city and these should be removed. Commissioner Wilsen- inquired if there is some kind of way the can track heavy users of water and how does the city track their own high consumption. Utilities Director Smith explained that everyone is metered. He further said they have not done a lot of auditing but they have met with the Parks Department and they have done some auditing on the parks and what their usage is. She further inquired as to how much time would it take for staff to realize that consumption has increased overtime on a meter. Commissioner Hood said if it is on a timer they should not have increases on consumption. Utilities Director Smith explained that the medians are a little different in that they are not a defined space that they would measure out to it. They do use smart meters on some of the city facilities and they are going to comply with the same standards that they impose on the citizens. Commissioner Wilsen explained that the city has to control themselves, just as they ask the residents to control their water consumption. Brief discussion ensued regarding reclaim water being put out by the high school. Commissioner Johnson -1) said on the dais before them is paperwork showing the breakdown cost for putting the agenda packets together. He feels they should look into using I -pads. Mayor Vandergrift said without objection he would like for staff to come back with figures on purchasing l - pads. 2) said that he has spoken with some employees who thanked him for the 2% increase they will be getting but also indicted that now they are going to pay more on prescriptions and co -pays when they were told there were no changes going to take place. He further said he has addressed the City Manager regarding these concerns and this issue is being worked on. City Manager Frank explained that when they originally discussed changes with the prescription provider they also discussed that there were to be no changes. However, there were a couple of employees that got caught up with having a certain medication that is not available anymore so they are working with CareHere and Crown to make sure they can get back to where they were before. 3) addressed Public Works Director Krug regarding repaving and adding a sidewalk to Ohio Street. There are a lot of kids that walk to school and there are no sidewalks. He further asked him to look into the costs. Commissioner Keller — 1) inquired about the speed bumps for Sawmill. Public Works Director Krug said he will check to see if the PO has been issued. The resurfacing is done and the quotes are in, so it should be happening very soon. 2) said that a question was raised during Page 8 City Commission Regular January 17, 2012 the attorney interview regarding what we can do to businesses that are ignoring outstanding liens and not bringing their code violations into compliance. He questioned if there is a way we can temporarily close down a business due to safety hazards (not in code compliance) since it does not appear that we can do it through the business tax. City Attorney Rosenthal stated that the Fire Department and Building Department can close down a business that is unsafe as they did with Colony Plaza. Assistant to the City Manager Gaines said that would be a condemnation. Commissioner Keller said he is not looking for a permanent condemnation, but is there something where a business could be determined temporarily unsafe and unable to do business. City Attorney Rosenthal stated that any action would have to involve the Fire Department and/or Building Official, and cautioned that the financial impact a business could suffer may create a liability to the city. After some discussion, the Commission gave direction to the new City Attorney Scott Cookson to get with Commissioner Keller and look into this issue to see if there is any way to take action against a business that is refusing to bring long - standing code violations into compliance. Mayor Vandergrift asked retiring City Attorney Rosenthal if he had any words to say at his last Commission meeting. City Attorney Rosenthal thanked everyone for the reception and kind words before the Commission Meeting. He believes the City of Ocoee is a great City. He added that he knows Scott Cookson will do a great job for the City; and he wished everyone continued success. Mayor Vandergrift — 1) asked about putting curb feelers around the poles along the lake, since one was knocked over. City Manager Frank stated that the post construction price would be around $1,000 - $1,200. The rest of the commission was not in favor of curb feelers. There was discussion about creating reserved spaces for the commissioners along brick wall nearest to their offices. 2) read a letter from Harriet Roberts, cousin of Nancy Maguire, who thought the house was being destroyed and wanted items that she donated. She noted how important this house was and how hard Nancy Maguire worked to keep the museum going. The consensus of the Commission was that Ms. Roberts has been receiving misinformation and staff should contact her and explain there are no plans to destroy this home, but only to enhance is use so more people can enjoy it for special events in their lives. 3) said the Boy Scouts of America are having Their West Orange County Annual Golden Eagle Luncheon and he would like to see the city invest in it. The event is March 14 He does not have any other information at this time. ADJOURNMENT The meeting was adjourned at 9:30 p.m. APPROVED: Attest: City of Ocoee : - ikenberry, City Clerk 1 . Scott Vandergrift, May' Page 9