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HomeMy WebLinkAbout01-03-12 MINUTES OCOEE CITY COMMISSION January 3, 2012, at 6:30 P.M. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson (absent) and Commissioner Keller. Awards Presentations: 2011 Holiday Lighting Contest Winners — Parks and Recreation Advisory Board Parks and Recreation Director Hayes thanked all staff, Parks Advisory Board Members, and Commissioners that helped in judging the Holiday Lighting Contest. He further awarded a plaque and gift cards to the following winners: • First Place: Wayne Vaughn at 600 Cardinal Street. • Runner Up: Kelly Fitzgerald at 1513 Prairie Lake Blvd. • Most Innovative Use of Lights: Matthew & Stacey Lewis at 2630 Tall Maple Loop 2011 Ocoee Tennis Players of the Year Jack Vinson announced the Ocoee Tennis Players of the Years: Male Tennis Player — Alexander Hladi and Female Tennis Player — Valerie Owen. Christmas Parade Trophies — Ocoee Lion Club Ocoee Lions Club Member David Wheeler presented the Christmas Parade Trophies to the following winners: YOUTH 1st Place: Ocoee Bulldogs 2nd Place: Young Blacks in Action 3rd Place: Florida Youth Programs Honorable Mention: Cub Scout Pack 922 CHURCH 1st Place: Harvest International 2nd Place: Starke Lake Baptist Church 3rd Place: West Side Community Men's Motorcycle Ministry Honorable Mention: U -Turn Student Ministries COMMERCIAL 1st Place: A Classic Affair 2nd Place: Ace Wrecker 3rd Place: Ocoee Building Dept. Honorable Mention: Marbais NON - COMMERCIAL 1st Place: Bahia Shriners 2nd Place: Christmas Train 3rd Place: Mid Florida Mustang Club Honorable Mention: Woman's Club of Ocoee Judges Overall Award: Ready, Set, Dance City Commission Regular January 3, 2012 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. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson (absent) and Commissioner Keller. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry B. PRESENTATIONS AND PROCLAMATIONS Ocoee Police Department Officer of the Third Quarter Award — CACOPD Advisory Board Detective James Berish was recognized for his help and professionalism in apprehending several criminals who were involved in a robbery and for helping the victims who were involved by getting them counseling. Victory Laney with the CACOPD Board briefly shared his story before presenting him with his ribbon. Chiefs Special Award Presentation to (2) Best Buy Employees for Helping in Preventing a Possible Crime against a Customer Police Chief Brown recognized employees Henry Quevedo and Blake Gaeylan with the Chiefs Special Award, for their help in preventing an elderly couple from being possible victims of a robbery. Police Chief Brown briefly shared the story of their heroic actions before presenting both men with awards. Ocoee Fire Department Promotions — Lieutenant Paramedic Tom Smothers and Engineer EMT Jessica Hill Fire Chief McNeil announced the promotion of Tom Smothers from Engineer Paramedic to Lieutenant Paramedic. Fire Chief McNeil summarized Tom Smother's career and presented him with his new helmet and badge. His wife pinned his badge. Fire Chief McNeil announced the promotion of Jessica Hill from Firefighter EMT to Engineer EMT. Fire Chief McNeil summarized Jessica Hill's career and presented her with her new helmet and badge. Her brother presented her with her helmet, and her father had the honor of pinning her badge. Both brother and father are also firefighters. C. COMMENTS FROM CITIZENS /PUBLIC Carl Satterwhite said he is before the Commission tonight regarding bringing an AAU Sanctioned Baseball Tournament to the City of Ocoee and utilizing the three fields the city has available. He is further requesting if it is possible to have the field fees reduced. A handout was provided to the commission showing the totals he was quoted by Mark Johnson with the Parks Division as well as fees that are charged by other neighboring cities. Mayor Vandergrift inquired where the teams were coming from. Mr. Satterwhite said they will be Central Florida kids and tournament teams from all around Florida. Commissioner Hood inquired from Parks and Recreation Director Hayes as to what is included in the field cost of $4260. Parks and Recreation Director Hayes said he had not seen the price list Mr. Satterwhite brought with him, Page 2 City Commission Regular January 3, 2012 but believes the cost just for the field rental. Commissioner Hood clarified with both parties that the prices given were for field rental only; relining the fields during a tournament would have additional fees. Mr. Satterwhite said he was advised by Mark Johnson that the City would do the initial lining of the fields and any other relining could be done by them if they did not want to pay the additional fees for the city to do it. Commissioner Hood clarified if the AAU does the relining, they would use their own equipment (rakes, chalk, etc.) Commissioner Hood shared that he spoke with Little League President Gene Oliver and was told the Ocoee Little League would work the concession stands during the games and would be able to have all proceeds from the concession stands. He was also advised that none of the tournaments would interfere with the Little League schedule. Commissioner Hood clarified that the only request from Mr. Satterwhite is that they reduce the field fee to be competitive with the other neighboring fields. Mr. Satterwhite said that is correct. Commissioner Hood inquired about the clean -up after the games. Parks and Recreation Director Hayes said they would have staff during the day to empty trash cans, etc., but typically anyone that rents the field is responsible for clean -up after the event. Commissioner Wilsen inquired if a deposit was requested to ensure cleaning was done. Parks and Recreation Director Hayes said they typically do not require a deposit for the ball fields. Commissioner Hood briefly explained that his reason for approving the reduction is that it will allow the Little League to get revenue from these tournaments and will not impede on any of the Little League games. It will also bring people into the community and possibly generate business for the local businesses. Commissioner Hood, seconded by Commissioner Keller, moved to reduce the rental cost for the use of the fields from $4260 to $2000 for the AAU sanctioned baseball tournament. Mayor Vandergrift inquired about proof of insurance. Mr. Satterwhite explained that their insurance will be sanctioned by the AAU and covers all of the children on the field and coaches will be covered. He will provide proof of the insurance to Parks and Recreation Director Hayes. After discussion motion carried 4 - 0 with Commissioner Johnson absent. D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced: 1) the Memorandum of Understanding in Item #6 confirms the City's desire to fund the upgrades and allows the design to move forward utilizing a mast arm signal system at Ocoee Hills Road and SR 438 (Silver Star Road) for the cost of $45,000.00. This is nothing that has to be budgeted at this time; they can budget it next year. 2) the Police Department Handgun Safety Class - Saturday January 14, 2012, from 8:00a.m. till 1:OOp.m. The class is held at the Ocoee Police Department. If interested, please contact Officer Teddy Levin at 407 - 905 -3160 ext. 3024 or at tlevin @ci.ocoee.fl.us. 3) the Martin Luther King Parade — Saturday January 16, 2012, at 10:00a.m. The Police Department will once again participate at this year's parade. The parade starts at 10:00a.m. at Citrus Elementary School and ends at the West Oaks Mall. Page 3 City Commission Regular January 3, 2012 4) the Parks and Recreation Department is accepting registration for its Youth Basketball Program. Individuals interested in signing up can do so between January 3rd and 7 at the Jim Beech Recreation Center on A.D. Mims Road. Tryouts for the sophomore and junior divisions will be held on January 7 from 2:00 to 4:00 pm. For more information contact the Recreation Division at 407 - 905 -3180. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller — 1) announced that starting January 2rd the Community Grant .......... . applications are available at the ocoee.org website. Deadline to submit application is January 27 and grant provides a financial grant of up to $500. 2) reminded everyone that on January 31 is the Primary Presidential Election, however, everyone should go out and vote on the Referendum on the ballot: AUTHORITY TO GRANT LIMITED PROPERTY TAX EXEMPTIONS FOR QUALFIED BUSINESSES THAT CREAT NEW JOBS. He stated there is not a lot of push for all the other parties to go out and vote because it is the Republican Presidential Preference Primary. He further stated he believes they will have early voting if you do not want to wait in line on Election Day. Commissioner Wilsen -' 1) also agreed everyone should vote on January 31 2) announced that Girl Scout season started and encouraged everyone to support their local Girl Scout Troops. Commissioner Hood — 1) announced that the Parks and Recreation Department has started registration for the Youth Basketball and Adult Softball. 2) announced the Ocoee baseball team is doing a golf tournament at the Zellwood Golf Course on January 14 at 12 -12:30 p.m. 3) announced this Saturday at 10:00 a.m. there will be a ceremony at the Starke Lake Gazebo for Jimmy Hager who recently passed away. Mayor Vandergrift — 1) further shared that Jimmy Hager was a member of the community and town and will be missed. 2) wished Commissioner Johnson, who was out sick, to get well soon. Commissioner Hood briefly announced that the 2012 City Calendars are in and residents can come by City Hall to pick one up or call their favorite commissioner to drop them off at their house. F. CONSENT AGENDA Mayor Vandergrift, seconded by Commissioner Keller, moved to approve the Consent Agenda Items #1 through #7. Motion carried 4 -0 with Commissioner Johnson absent. 1. Approval of Minutes for the Regular Commission Meeting Held December 6, 2011. (City Clerk Eikenberry) Approved on Consent. Motion carried 4 - 0 with Commissioner Johnson absent. 2. Appointment to the Human Relations Diversity Board. (City Clerk Eikenberry) Members of the Human Relations Diversity Board serve two -year terms. Currently, the Human Relations Diversity Board has eight (8) members and their resolution allows no less than seven (7) members and no more than fifteen (15) members. One application was received from Ms. Patricia Cornell with an interest in serving on the board. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. Page 4 City Commission Regular January 3, 2012 3. Approval for Purchase of Fire Department Digital Radios from Motorola by Piggybacking off the Broward Sheriff's Office Contract. (Fire Chief McNeil) The FY 2011/2012 budget provided $49,955 for the purchase of 9 Motorola XTS 5000 digital portable radios, 2 XTL 5000 digital mobile radios, and related accessories. These radios are necessary in order to maintain compatibility and interoperability with Motorola radios currently utilized by the Orange County radio users group when the system switches to digital in early 2012. Motorola radios must be purchased. Motorola is a sole source provider for these radios and the attached quote, totaling $46,364.30, reflects the Broward Sheriff's Office contract pricing. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 4. Approval of a Voluntary Employee Beneficiary Association (VEBA) between the City and IAFF. (Human Resources Director Williford) The City and the IAFF Union have agreed to a Voluntary Employee Beneficiary Association (VEBA) in the new collective bargaining agreement approved by the Commission. The Genesis Company in collaboration with the Principal Group Financial Company has been chosen to administer this new program between the City and the employees covered under the collective bargaining agreement. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 5. Approval of 2011 / 2012 Budget Vehicle Purchase for Stormwater. (Public Works Director Krug) The approved Stormwater Division's 2011/2012 budget included funding to replace City vehicle #402, a 1997 Ford Explorer 4x4 with a new all- wheel -drive Ford Escape Hybrid SUV. The City traditionally purchases vehicles and equipment made to order through bids from the Florida Sheriffs Association's annual contract; however the Hybrid Escape is not listed in this year's contract. In checking with Ford, the current Escape model is being updated and changed for the 2013 model year. Due to the model changes, regular production of the Escape is being discontinued in early 2012, with the Hybrid production already halted. With the end of the Hybrid production, the only available vehicles are sitting on dealer lots. Public Works has contacted several Ford dealerships and all- wheel -drive Hybrid Escapes are still available throughout Ford's network of dealers. We are requesting Commission approval to purchase a new or used recent model Ford Hybrid Escape for up to $34,000.00 from the most responsive Ford dealer. The total requested cost is based on initial dealer quotes and is funded through the budgeted $32,000.00 for this vehicle plus an additional $2,000.00 from the savings of other equipment purchases in the Stormwater Division. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 6. Approval of Memorandum of Understanding for FDOT Intersection Improvements at Ocoee Hills Road and SR 438 (Silver Star Road). (Public Works Director Krug) Through the Management and Operations Subcommittee of Metro Plan Orlando, the FDOT has begun the design of the intersection improvements on SR 438, Silver Star Road, from 2nd Street to Olympus Drive. This . project includes the widening of the roadway to accommodate a new traffic signal and turn lanes at the Ocoee Hills Road intersection. The City has requested the signal be upgraded to a mast arm system from the traditional strain -pole system. The FDOT has made the standard request for the City to pay the material cost differential to construct the mast arm upgrade. The Memorandum of Understanding confirms the City's desire to fund the upgrades and allows the design to move forward utilizing a mast arm signal system. The projected additional costs of $45,000.00 are to be funded in the 2012/2013 budget. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. Page 5 City Commission Regular January 3, 2012 7. Approval to Adopt a Resolution for the 2012 Legislative Session Supporting Police/Fire Pension and Disability Presumption Reforms. (Assistant City Manager Shadrix) The Florida League of Cities has requested all cities to adopt a resolution for the 2012 Legislative Session supporting police /fire pension and disability presumption reforms. The draft resolution supports reforms to police /fire "heart/hypertension" disability presumptions, which impacts all cities receiving police or fire service in workers' compensation and other costs. Legislative Session begins on January 10` City Attorney Rosenthal read the title of the Resolution. Approved on Consent. Motion carried 4 - 0 with Commissioner Johnson absent. The resolution, as adopted, carries the following title: RESOLUTION NO. 2012-001 A RESOLUTION OF THE CITY OF OCOEE SUPPORTING POLICE OFFICER AND FIREFIGHTER PENSION PLAN AND DISABILITY PRESUMPTION REFORMS TO MAKE THE PLANS SUSTAINABLE, SOUND AND SECURE FOR CURRENT AND FUTURE POLICE OFFICERS AND FIREFIGHTERS. G. FIRST READING OF ORDINANCE 8. First Reading of Ordinance on Impact Fee Temporary Reduction. (Second Reading and Public Hearing scheduled for January 17, 2012, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (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. Mayor Vandergrift announced the second reading and public hearing are scheduled for January 17, 2012, Regular Commission Meeting at 7:15 p.m. or soon thereafter. City Attorney Rosenthal read the title of the Ordinance. 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. Page 6 City Commission Regular January 3, 2012 H. SECOND READING OF ORDINANCES - PUBLIC HEARINGS 9. Campfield (524 3rd Street): (Advertised in the Orlando Sentinel on Thursday, December 22, 2011, and Thursday, December 29, 2011). (City Planner Rumer) The subject property is located on the west side of 3` Street; approximately 191 feet south of Center Street. The subject parcel has one existing Single - Family Residence. No development proposal is planned at this time. The Applicant has requested annexation into the City limits mainly for potable water connection. a. Annexation Ordinance City Attorney Rosenthal read the title of the annexation ordinance. City Planner Rumer stated the next three proposed annexation and rezoning are three contiguous properties; all are currently served with city water and are annexing in to maintain that water service. The three properties are zoned R -1, and once annexed, will be zoned with the city's zoning designation of R -1A. Staff is recommending approval. Mayor Vandergrift opened the public hearing. As no one wished to speak the public hearing was closed. Commissioner Wilsen, seconded by Commissioner Hood, moved to approve Annexation Ordinance No. 2011 -023 per staff's recommendation. Motion carried 4 -0 with Commissioner Johnson absent. The annexation ordinance, as adopted on second reading, carries the following title: TAX PARCEL ID #s 17- 22 -28- 0000 -00 -053; CASE NO. AX- 09- 11 -32: Campfield Parcel Annexation ORDINANCE NO. 2011-023 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.99 ACRES LOCATED ON THE WEST SIDE OF 3rd STREET, APPROXIMATELY 191 FEET SOUTH OF Center Street; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. b. Rezoning Ordinance City Attorney Rosenthal read the title of the ordinance. City Planner Rumer stated that his previous comments carry forward. Mayor Vandergrift opened the public hearing. As no one wished to speak, the public hearing was closed. Commissioner Wilsen, seconded by Commissioner Keller, moved to approve Rezoning Ordinance No. 2011 -024 per staff's recommendation. Motion carried 4 -0 with Commissioner Johnson absent. Page 7 City Commission Regular January 3, 2012 The rezoning ordinance, as adopted on second reading, carries the following title: TAX PARCEL ID # 17- 22 -28- 0000 -00 -053; CASE NO. RZ- 11- 09 -21: Campfield Parcel Rezoning ORDINANCE NO. 2011 -024 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R -1, "Low Density Residential" TO OCOEE R -1A, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.99 ACRES LOCATED ON THE WEST SIDE OF 3rd STREET, APPROXIMATELY 191 FEET SOUTH OF Center Street; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 10. Luna (520 3rd Street). (Advertised in the Orlando Sentinel on Thursday, December 22, 2011, and Thursday, December 29, 2011). (City Planner Rumer) The subject property is located on the west side of 3rd Street; approximately 346 feet south of Center Street. The subject parcel has one existing Single - Family Residence. No development proposal is planned at this time. The Applicant has requested annexation into the City limits mainly for potable water connection. a. Annexation Ordinance City Attorney Rosenthal read the title of the Ordinance. City Planner Rumer comments carry forward. Mayor Vandergrift opened the public hearing. As no one wished to speak the public hearing was closed. Commissioner Wilsen, seconded by Commissioner Keller, moved to approve Annexation Ordinance No. 2011 -025 per staff's recommendation. Motion carried 4 -0 with Commissioner Johnson absent. The annexation ordinance, as adopted on second reading, carries the following title: TAX PARCEL ID #s 17- 22 -28- 0000 -00 -054; CASE NO. AX- 09- 11 -31: Luna Parcel Annexation ORDINANCE NO. 2011-025 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.58 ACRES LOCATED ON THE WEST SIDE OF 3rd STREET, APPROXIMATELY 346 FEET SOUTH OF CENTER STREET; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Page 8 City Commission Regular January 3, 2012 b. Rezoning Ordinance City Attorney Rosenthal read the title of the ordinance. City Planner Rumer comments carry forward. Mayor Vandergrift opened the public hearing. As no one wished to speak, the public hearing was closed. Commissioner Wilsen, seconded by Commissioner Hood, moved to approve Rezoning Ordinance No. 2011 -026 per staff's recommendation. Motion carried 4 -0 with Commissioner Johnson absent. The rezoning ordinance, as adopted on second reading, carries the following title: TAX PARCEL ID # 17- 22 -28- 0000 -00 -054; CASE NO. RZ- 11- 09 -20: Luna Parcel Rezoning ORDINANCE NO. 2011-026 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R -1, "LOW DENSITY RESIDENTIAL" TO OCOEE R -1A, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.58 ACRES LOCATED ON THE WEST SIDE OF 3rd STREET, APPROXIMATELY 346 FEET SOUTH OF CENTER STREET; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 11. Medina (521 2nd Street). (Advertised in the Orlando Sentinel on Thursday, December 22, 2011, and Thursday, December 29, 2011). (City Planner Rumer) The subject property is located on the east side of 2nd Street; approximately 346 feet south of Center Street. The subject parcel has one existing Single - Family Residence. No development proposal is planned at this time. The Applicant has requested annexation into the City limits mainly for potable water connection. a. Annexation Ordinance City Attorney Rosenthal read the title of the Ordinance. City Planner Rumer explained this property became contiguous with previous two annexations. Mayor Vandergrift opened the public hearing. As no one wished to speak, the public hearing was closed. Commissioner Wilsen, seconded by Commissioner Keller, moved to approve Annexation Ordinance No. 2011 -027 per staff's recommendation. Motion carried 4 -0 with Commissioner Johnson absent. Page 9 City Commission Regular January 3, 2012 The annexation ordinance, as adopted on second reading, carries the following title: TAX PARCEL ID #s 17- 22 -28- 0000 -00 -096; CASE NO. AX- 10- 11 -33: Medina Parcel Annexation ORDINANCE NO. 2011-027 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.42 ACRES LOCATED ON THE EAST SIDE OF 2ND STREET, APPROXIMATELY 346 FEET SOUTH OF Center Street; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. b. Rezoning Ordinance City Attorney Rosenthal read the title of the ordinance. City Planner Rumer comments carry forward. Mayor Vandergrift opened the public hearing. As no one wished to speak, the public hearing was closed. Commissioner Wilsen, seconded by Commissioner Keller, moved to approve Rezoning Ordinance No. 2011 -028 per staff's recommendation. Motion carried 4 -0 with Commissioner Johnson absent. The rezoning ordinance, as adopted on second reading, carries the following title: TAX PARCEL ID # 17- 22 -28- 0000 -00 -096; CASE NO. RZ- 11- 10 -22: Medina Parcel Rezoning ORDINANCE NO. 2011 -028 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R -1, "Low Density Residential" TO OCOEE R -1A, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.42 ACRES LOCATED ON THE EAST SIDE OF 2ND STREET, APPROXIMATELY 346 FEET SOUTH OF CENTER STREET; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Page 10 City Commission Regular January 3, 2012 12. Capital Improvements Element - Update - Amendment to Schedule. (Advertised in the Orlando Sentinel on Thursday, December 22, 2011). (City Planner Rumer) The Capital Improvement Element (CIE) of the City of Ocoee Comprehensive Plan is a requirement of Chapter 163, Florida Statutes (FS) and enables implementation of the Plan goals, objectives, and policies needing capital funding for a 5 -20 year planning horizon. Each year, the table section of the CIE will be updated to ensure that the adopted list of capital projects in the CIE matches the City's newly adopted fiscal year budget and approved five year Capital Improvements Program (CIP). The CIE does not propose any new projects not previously reviewed and approved by the Commission. In 2011, the Florida Legislature enacted legislation allowing adoption of the annual amendment to the CIE to be accomplished with a single public adoption hearing. The amendment is also exempt from inclusion in the twice - yearly large scale amendment process. City Attorney Rosenthal read the title of the ordinance. City Planner Rumer explained this amendment is simply taking the City Commission approved CIP list and putting it as a table in the City of Ocoee Comprehensive Plan. Mayor Vandergrift opened the public hearing. As no one wished to speak, the public hearing was closed. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve Ordinance No. 2012 -001 Capital Improvements Element - Update - Amendment to Schedule per staff's recommendation. Motion carried 4 -0 with Commissioner Johnson absent. The ordinance, as adopted on second reading, carries the following title: ORDINANCE NO. 2012-001 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED, IN ORDER TO COMPLY WITH SECTION .163.3177, FLORIDA STATUTES; AMENDING THE CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE 13. Proposed Amendment to the Code of Ordinances Temporary Suspension of Fire Department Plan Review Fee for Commercial Projects. (Advertised in the Orlando Sentinel on Thursday, December 22, 2011). (City Planner Rumer) As an economic incentive for new development, City Staff proposes a Code Amendment for the temporary suspension of the Fire Department plan review fee for commercial projects for one year retroactive to December 6, 2011. The plan review fee is '' /2 of 1% of the value of construction. City Attorney Rosenthal read the title of the ordinance. Mayor Vandergrift opened the public hearing. As no one wished to speak, the public hearing was closed. Commissioner Hood, seconded by Commissioner Keller, moved to approve Ordinance No. 2012 -002 Proposed Amendment to the Code of Ordinances - Temporary Suspension of Fire Department Plan Review Fee for Commercial Proiects per staff's recommendation. Motion carried 4 -0 with Commissioner Johnson absent. Page 11 City Commission Regular January 3, 2012 The ordinance, as adopted on second reading, carries the following title: ORDINANCE NO. 2012-002 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA PERTAINING TO THE FIRE DEPARTMENT PLAN REVIEW FEE FOR COMMERCIAL PROJECTS; PROVIDING FOR THE TEMPORARY SUSPENSION OF THE FIRE DEPARTMENT PLAN REVIEW FEE FOR COMMERCIAL PROJECTS; PROVIDING FOR RETROACTIVE APPLICATION OF SUCH SUSPENSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 14. 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, December 29, 2011). (PER STAFF'S REQUEST THE SECOND READING WILL BE POSTPONED TO BE ADVERTISED FOR PUBLIC HEARING ON JANUARY 17, 2012, REGULAR. COMMISSION MEETING AT 7 :15 P.M. OR SOON THEREAFTER). I. REGULAR AGENDA 15. Approval of Special Event Permit Request for Road Closure of McKey Street for Glad Tidings Church Super Bowl Block Party. (Building Official Washington) In order to temporarily close a public street the approval of the Honorable Mayor and City Commission is required. Glad Tidings Church has made application to the City for a Special Event Permit for a Super Bowl Block Party that would require the temporary closing of a City owned street. The event will be held on February 6, 2011. The street to be closed is McKey Street. Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the Special Event Permit Request for Road Closure of McKey Street for Glad Tidings Church Super Bowl Block Party. Motion carried 4 -0 with Commissioner Johnson absent. Commissioner Wilsen commented that she would also suggest they make note that Rural Metro is Ocoee's ambulance service and not Health Central. 16. Approval for Finance Department to Assign the Small Project Construction Contract Originally Awarded to Southern Building Services, Inc. to the New Corporate Entity of Sherron Building Services, Inc which has acquired all the Assets and Obligations of Southern Building Services. (CIP Manager Butler) Southern Building Services, Inc. was one of 10 firms selected by the City Commission for pre - qualification under the Small Construction Contract procurement (RFP 11 -04) in Fiscal Year 2011. The contract for participation in this construction program was executed by the City on February 15, 2011, with a term of five years. In order to enhance its competitive position in the marketplace, Southern Building Services was dissolved as a corporate entity and subsumed by Sherron Building Services, Inc., a woman -owned business. With the completion of the corporate restructuring, Sherron Building Services now seeks to accept the role of small construction project contractor previously awarded to its predecessor firm. CIP Manager Butler said that this item was tabled from the previous meeting because Commissioner Johnson had raised a question regarding bankruptcy of the original company Southern Building Services, Inc. He further said they searched the federal and state records and did not find any bankruptcy filings, liens, or disputes. They have a letter from the company stating that they have completely closed the previous company and had a change in ownership in Page 12 City Commission Regular January 3, 2012 order to better compete with minority requirements. CIP Manager Butler pointed out that Sherron Building Services, Inc. was ranked first when they evaluated the RFP responses. They are not guaranteed any work, but they have been pre - qualified should the City need someone quickly. Staff continues to recommend they accept the assignment being proposed in the agenda. Commissioner Wilsen, seconded by Commissioner Keller, moved to approve to Assign the Small Project Construction Contract Originally Awarded to Southern Building Services, Inc. to the New Corporate Entity of Sherron Building Services, Inc., which has acquired all the Assets and Obligations of Southern Building Services per staff's recommendation. Motion carried 4 -0 with Commissioner Johnson absent. 17. Update and Direction Regarding the Withers- Maguire House and Historical Commission. (CIP Manager Butler) CIP Manager Butler gave an update on the Withers - Maguire House. He said the City purchased the Withers - Maguire House in the 1980s. The Ocoee Historical Commission was formed and helped the City get grants to refurbish the house which was falling apart in some areas. Once refurbished, a Management Agreement was formed between the City of Ocoee and the Historical Commission to manage the house and the collection of artifacts. As a condition of the grants, the Ocoee Historical Commission was required to obtain artifacts and hold open houses to show progress. About a year and a half ago, the Commission and the Historical Commission agreed that the house needed to be utilized for events and things other than just a museum. It was intended to be a joint project with the Historical Commission, but last year we found the Historical Commission lost its IRS 501(c)3 status. The Historical Commission subsequently decided not to seek reinstatement of the IRS non - profit status and has elected to disband. The problem now is that there are conflicting claims about the ownership of the artifacts displayed in the house. There is no evidence that the City owns anything in the house. The Historical Commission did purchase some items and those 19 items are the only items that show definite ownership. The City is not in a position to arbitrate the ownership of these artifacts. We want to encourage the Historical Commission and owners of property that are housed in the home to donate them to the City, so that we can continue having the museum part of the Withers - Maguire House. We may not be able to force them to leave them there, but for now the City had to lock the doors and not allow anyone to take artifacts until the conflicts are resolved on who owns what. Some guidance might be useful, and they need direction on how to deal with the issue of the artifacts. Mr. Butler also advised that they need direction on fixing the wedding rooms, we have a $10,000 budget item on fixing those rooms for bride and groom preparation; those rooms are currently empty. We have secured the services of architectural firms and we could use their services to begin this project. Commissioner Hood asked if the Historical Commission wanted to donate the items. Mr. Butler advised that they could legally donate the items owned by the Historical Commission to the City: the problem is resolving the issue of what is actually owned by the Historical Commission. There are too many parties trying to claim the same items and there needs to be some sort of vetting process to sort that out. There was further conversation on ownership of the artifacts. Mr. Butler said some of the members have agreed to work with the City and continue to give tours and help go through the materials that are there and document the historical significance. We want to continue to do that, we just have too many items were there are Page 13 City Commission Regular January 3, 2012 ownership conflicts such as linens, clothing, grooming items, kitchen utensils, etc. Commissioner Wilsen questioned if the City should be involved in the vetting process. City Attorney Rosenthal explained that when a corporation dissolves the last directors of the corporation have a responsibility under the statutes for the liquidation of the assets of the company, so there is a structure for the dissolution of the assets. It is a matter of whether the City wants to get in the middle or not. If the City wanted to get fully in the middle; the Historical Commission could quit claim everything in the house to the City and then Mr. Butler would be handling all of the issues with the artifacts and their ownership. Commissioner Hood said he does not want to see us putting attorney hours into this. Commissioner Keller asked if we open the doors and allow people to claim their items, where are we as far as liability for ownership conflicts? Commissioner Hood said we should just allow them to go through the legal procedures they need to go through to determine ownership, and in the meantime keep the doors locked. Commissioner Wilsen agreed they don't want to spend attorney fees on resolving this. Mayor Vandergrift said it took a quantum leap from sharing the building with the Historical Commission and holding weddings and events; to now disbanding the Historical Commission. We should decide if it is worthwhile to maintain that building as a historic part of our community and keep the artifacts intact. Since people were claiming ownership and trying to remove artifacts, the City had to lock the doors. Mayor Vandergrift and staff (CIP Manager Butler, City Manager Frank, and Assistant City Manager Shadrix, Parks and Recreation Director Hayes) met with members of the Historical Commission for discussions. The City would not have received over $300,000 in grants if the Historical Commission had not been formed as a separate entity. The Mayor said he had the owner of the Tap Room walk through the home with him and they agreed that the Withers - Maguire House is not large enough to hold a wedding party of more than 50 people. He felt it would serve them better to upgrade the Community Center for weddings and events and keeping the Withers - Maguire House as a historic location. He explained that it is important to preserve history. This home has been restored and is a central part of our community. There was further discussion about other event facilities. Commission Hood said maintaining the Withers- Maguire House is essential to the community. Commissioner Wilsen said we should solve the issue of the artifacts in the building while the members of the Historical Commission still have some authority. There was discussion about bride and groom rooms at the back of the house and use of restroom facilities. Mr. Butler said the wedding would be held at the gazebo or the grape arbor patio. We don't plan to change the structure of the Maguire House at this time; we plan to just get some furnishings that could potentially be moved over to the Community Center when it is reconstructed. Commissioner Wilsen said the whole complex is very conducive to holding weddings and outdoor events and we should move in that direction; however the issue tonight is what to do with artifacts inside the Withers - Maguire House. Commissioner Hood said he thinks that we should continue with the $10,000 project to prepare the bride and groom rooms. He also thinks we should continue working with the Historical Commission and the museum aspect of the house and possibly get more people on board to keep that going. There was discussion about whether the Historical Commission should be a city board or trying to get a 501(c)3 reinstated. Mayor Vandergrift said he believes there are people in the community who would like to help with a board that is a separate entity; it is that board's detachment that has allowed us to get grants in the past. We need to weigh the pros and cons of that. CIP Manager Butler said the Historical Commission needs to go through all of the ownership issues with the artifacts; and he needs direction from the Commission if we want to continue the relationship that was terminated on November 7` when the Management Agreement expired. Commissioner Page ............._..._......._........................................._..._.._.._......_...._........_..................................._........._.._. .._......_.................._.. ............. 14 City Commission Regular January 3, 2012 Hood said there is a lot of history there and the Historical Commission, not attorneys, needs to resolve the issue of the artifacts. Mr. Butler added that the current Historical Commission members are not the ones who made the deals originally. Mayor Vandergrift stated that the priority is to get the issue with the artifacts straightened out as best we can, and then as a follow - up, try to get others involved in the Historical Commission for the future. J. STAFF ACTION ITEMS None K. COMMENTS FROM COMMISSIONERS Commissioner Hood — 1) reminded everyone about 2012 calendars, Jimmy Hager's ceremony this Saturday at 10 am, and the Ocoee baseball team golf tournament which is scheduled for January 14 Commissioner Wilsen- announced that MLK Parade which is hosted by the HRDB Board is on January 16 The parade starts at 10:00a.m. at Citrus Elementary School and ends at the West Oaks Mall. Commissioner Keller — 1) reminded everyone to go to city website for Community Grant application. 2) announced that sample ballots for the referendum question will be sent out on January 12 and encouraged everyone to please go out and vote. Mayor Vandergrift - thanked staff for their cooperation tonight and moving things quickly. ADJOURNMENT The meeting was adjourned at 8:42 p.m. APPROVED: Attest: City of Ocoee At Beth ikenberry, City Clerk S. Scott Vandergrift, Ma or Page e 15