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HomeMy WebLinkAboutItem #01 Minutes for Approval MINUTES October 2, 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 Commissioner Hood. Acting City Clerk Sibbitt called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson, and Commissioner Keller. Also Present: City Attorney Cookson, City Manager Frank, Acting City Clerk Sibbitt B. PRESENTATIONS AND PROCLAMATIONS Proclamation — Put the Brakes on Fatalities Day — October 10, 2012 Mayor Vandergrift read the proclamation and proclaimed October 10, 2012, as Put the Brakes on Fatalities Day. Emergency Item — Approve or Reject the Collective Bargaining Agreement as Ratified on September 26, 2012, by the Police Officers Represented as Members of the PBA. (Human Resources Director Williford) Mayor Vandergrift explained that the PBA Union has proceeded to a ratification vote of the terms of a collective bargaining agreement (by the police officers) and a subsequent vote by the City legislative body (Commission). Since the police officers voted 31 in favor and 9 against the ratification vote, the City Commission is required to vote to either approve or reject the collective bargaining agreement as ratified by the members of the PBA through September 30, 2012. Upon the Commission's decision, staff will begin negotiations on a new contract. Commissioner Keller, seconded by Commissioner Johnson, moved to approve the Collective Bargaining Agreement as Ratified on September 26, 2012, by the Police Officers Represented as Members of the PBA. Motion carried 5 -0. 9/11 World Trade Center Steel Display Update Fire Chief McNeil briefly advised that the City of Ocoee was able to acquire one of the last pieces of the steel from the World Trade Center. They went through many steps to be approved for this piece of steel. He presented a design rendering provided by F/X Design Group in Ocoee who will be donating all the materials and labor to put a display together for the steel. Fire Chief McNeil advised that their plans are to display the steel monument in the lobby of Fire Station 38 because it will be the most visible place for visitors and residents of Ocoee. That location has a visible store front so they feel those visiting the plaza can see it. They also have intentions of taking the top round piece off and visiting schools and other educational programs to teach younger generations about 9/11. City Commission Regular October 2, 2012 Deputy Fire Chief Hoover briefly thanked the Mayor, Commissioners, and City Manager on the support of the ALS and transport rescue. He advised that about a week ago that all came together in saving a 16 month old little girl from drowning. It saved her life and she is at home healthy today. Commissioner Wilsen thanked all those that were involved in rescuing the little girl. Orange County 2012 -2013 State of Education — Christine Moore, Orange County School Board Member — This item was cancelled. 7:26 p.m. - Mayor Vandergrift excused himself frotn the meeting due to family illness. New Prescription Drugs Discount Card Commissioner Johnson briefly advised that when they attend the National League of Cities they look for programs that will help benefit the city and the citizens. A few months ago the commission voted to bring in a new prescription benefit for the residents of Ocoee. The City in partnership with the National League of Cities is providing the prescription discount cards at "no cost" to the city or to the residents. The free prescription discount card will help those residents who do not have health insurance average a 23 -27% savings off the retail cost of prescription medications. There's no enrollment form and no membership fee. Commissioner Johnson advised the cards can be picked up at City Hall, Fires Station 25, Jim Beech Recreation Center, or the Ocoee Police Department. You can also download a card from the city's website at www.ocoee.org and cards will also be provided to civic organizations within the community. C. COMMENTS FROM CITIZENS /PUBLIC Commissioner Johnson spoke on behalf of Bud Jenner who filled out a speaker form but had to leave early. He advised that Mr. Jenner told him they had turned in a request 6 months ago for speed bumps on Geneva Street and he has not received any feedback from the city. It was also mentioned to him that a local car shop is using that road to test drive their vehicles at high speeds. Commissioner Johnson further shared that Mr. Jenner expressed concerns on the cemetery regarding the lawn company knocking some of the monuments when they mow the lawn but he believes all that information was just provided to Parks and Recreation Director Hayes to handle. D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank made the following announcement: 1) He is requesting that Item #6 on the Consent Agenda be pulled on be considered separately since the City Attorney has a couple of comments on that item. 2) The latest Development Agreement for Item #7 has been provided on the dais for them. 3) Ocoee Police Department Community Picnic — Saturday October 6, 2012, from 11:00a.m. till 2:00p.m. The picnic will occur at Central Park, located at 560 Flewelling Avenue Ocoee, FL 34761. 4) The City Commission workshop on the Withers- Maguire House has been rescheduled to November 6th at 6:00 pm, which is immediately before the regular City Commission meeting. The October 10th session has been canceled. Page 2 City Commission Regular October 2, 2012 5) The Parks and Recreation Department will be hosting its monthly Food Truck Friday event on Friday, October 19th, from 6:00 to 9:00 pm. on Lakeshore Drive, in Bill Breeze Park. Food trucks will be offering gourmet food and delectable treats, and the movie "The Goonies" will be shown during the event; the movie will start at 7:30 p.m. Commissioner Keller briefly commented that the workshop on the Wither- Maguire House falls on Election Day so he was wondering if they would like to hold a workshop on that day since polls will still be open. City Manager Frank said if the commissioner would like they can look at an alternate date. Commissioner Wilsen suggested they leave that date open and if the City Clerk's Department receives comments between now and the next meeting they can reschedule the meeting and if they do not receive comments than they can leave the meeting as is. City Manager Frank advised they will notify the commission if anyone has a conflict and cannot make it. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Wilsen— announced the Founder's Day Marketplace (arts & crafts) is still accepting vendor applications. The Founder's Day event will be November 2 " and 3` Residents can go onto the city's website for information and applications. Commissioner Johnson- 1) announced the Ocoee Police Department, in conjunction with the City of Ocoee Founders' Day Festival Committee, will host the 11th Annual Founders' Day Festival Poker Run on Saturday October 27, 2012. Registration begins at 9:30a.m. at the Sandwich Shop, located at 1113 N. Clarke Road Ocoee, FL 34761. The ride will conclude at "The Bar" located at 1107 N. Clarke Road Ocoee, FL 34761. The cost will be $10 a participant and $5 dollars for each additional hand. The proceeds from this event will benefit the City of Ocoee Police Department's Holiday Toys for Kids in Need program. 2) The City of Ocoee's 19th Annual Founders Day Festival will be held Friday, November 2nd and Saturday, November 3rd. This year's entertainment will feature Marty Stuart and Lee Brice on Friday, and Low Cash Cowboys, Chris Cagle, and Easton Corbin on Saturday. There will be Carnival Rides, Food Vendors, and a "Chick -fil -A" 5K Race. Mayor Protem Hood — announced there will also be the Annual Founder's Day Golf Tournament. He inquired if there was money in the budget for a foursome. City Manager Frank said he would have to check with Executive Assistant Cowan but if that is something they do every year than he believes they did. It was the consensus of the commission that if it was budgeted than employees could go in their place. City Engineer Wheeler announced the golf tournament is on Friday, October 26 at the Ocoee Forest Lakes Golf Course. The cost is $75 per person or $280 per team. They also offer different level of hole sponsorships. The fee does include dinner, prizes, and giveaways following the event. Commissioner Keller — None F. CONSENT AGENDA Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the Consent Agenda Items #1 through #5, with Item #6 being pulled for separate consideration. Motion carried 4 -0 with Mayor Vandergrift absent. Page 3 City Commission Regular October 2, 2012 1. Approval of Minutes for the Regular Commission Meeting Held September 18, 2012, and Minutes of the Tentative Budget Hearing Held September 12, 2012. (City Clerk Eikenberry) Approved on Consent. Motion carried 4 - 0 with Mayor Vanderqrift absent. 2. Appointment to the Parks and Recreation Board. (City Clerk Eikenberry) Members of the Parks & Recreation Advisory Board serve two -year terms. Currently, the Parks & Recreation Advisory Board has eight (8) members and their resolution allows no more than nine (9) members. Current member Herb Watring has indicated he is preoccupied with other matters and cannot regularly attend the meetings, thus proven by his four (4) absences from the last six (6) meetings. Currently on file is one application from Qubeliah Lewis with an interest in serving on the board. Approved on Consent. Motion carried 4 -0 with Mayor Vanderqrift absent. 3. Approval for Use of County Solid Waste Management System. (Public Works Director Krug) The City has historically utilized the County solid waste management system to dispose of residential and commercial solid waste. The interlocal agreement between the City and Orange County expired on September 18, 2011. On October 18, 2011, the City Commission ratified a letter of intent from the County to continue to receive County solid waste management services under the terms of the expired interlocal agreement for 180 days while a new agreement was reached. A new interlocal agreement was not negotiated within the 180 extension with the County Commission electing to take a step back and re- evaluate their current rate structure before going forward. Due to the County's prolonged rate evaluation process, leaving the City unable to negotiate a new contract, and the expiration of the letter of intent, Public Works seeks City Commission authorization to continue to use the County solid waste management system to dispose of residential and commercial solid waste until a new agreement is reached or September 30, 2013. Approved on Consent. Motion carried 4 -0 with Mayor Vanderqrift absent. 4. Approval of Water Atlas Interlocal Agreement. (Public Works Director Krug) The Orange County Water Atlas project has been in effect for six years. It is a geographic -based website that provides information regarding data collected in watersheds throughout the County. The site receives over 4 million hits per year, reducing staff time needed for answering water resource questions and provides the citizens of Ocoee with immediate access to information. Partnership in the Water Atlas allows the City to receive NPDES (National Pollutant Discharge Elimination System) illicit discharge education and water quality monitoring reporting credit in addition to TMDL (Total Maximum Daily Load of potential pollutants in water bodies) education credit. The City of Ocoee is a co- permitee on the Orange County NPDES permit and participates in the collection of data on water quality and lake levels within Ocoee for the Water Atlas project. The agreement is for a three (3) year term with annual financial support from the City in the amount of $2,286.00. Public Works recommends City Commission approval to participate in the Water Atlas through execution of the Interlocal Agreement for Watershed Atlas Project. Approved on Consent. Motion carried 4 -0 with Mayor Vanderqrift absent. 5. Approval to Amend Name of Ingram Estates to Brynmar and Plat Approval for Phase 1 of the Development. (City Engineer Wheeler) The Ingram Estates subdivision is located at the southeast corner of McCormick and Ingram Roads. The total project includes approximately 33.48 acres of land. The overall project consists of 95 single family residential lots, two stormwater ponds, and a common recreational area. The project is being developed in two phases. Page 4 City Commission Regular October 2, 2012 The parcel of land was annexed into the City of Ocoee under Ordinance 2004 -02. The City Commission approved the project on November 6, 2007, under the name of Ingram Estates. Columnar Development LLC has submitted a written request to change the name to Brynmar. The DRC met on September 11, 2012, to consider the name change. Staff considered how the proposed name change would affect record keeping issues and fire /police. It was determined that the name change would have no negative effect and the DRC voted unanimously to recommend approval. Approved on Consent. Motion carried 4 -0 with Mayor Vandergrift absent. 6. Approval of Risk Management Service Agreement. (Human Resources Director Williford) The City Manager recommends executing a contract with James Carnicella /JVC Consulting to provide Union Negotiations and Risk Management services on a contract basis of $39,500 for FY 2012 -2013. Pulled to be heard for separate consideration. City Manager Frank briefly advised that the recommendation they have is to approve the contract and authorize the Mayor to execute same. Staff is requesting to modify the recommendation to approve the contract and authorize Mayor to execute the same after minor changes as recommended by the City Attorney. City Attorney Cookson advised that the changes have nothing to the do with the amount or terms but is strictly some enforceability issues they want to address in the contract. Mayor Protem Hood commented that with the budget year being tight does the city think that if the Human Resources Williford works with the City Attorney they may be able to save $40,000. City Manager Frank said he believes the city does need the position for this year at least since there have been additional duties signed to that position. Whether it is needed next year can be up for discussion since they will have two other union contracts ready to go for the next two years. City Manager Frank advised that what they are doing different from what they have done in the past is not having the labor attorney sitting at the table which saves on cost. This position has already been put into this budget at the reduced rate. Further discussion ensued on whether Human Resources Director Williford would be taking on more of a lead role since this agreement is only a year position. Commissioner Johnson, seconded by Commissioner Keller, moved on the approval of the Risk Management Service Agreement per staff's recommendation that the contract include the changes recommended by the City Attorney. Motion carried 3 -1 with Mayor Protem Hood opposing and Mayor Vandergrift absent. G. PUBLIC HEARINGS 7. Second Reading of Ordinance for Park Place (FKA Lake Butler Professional Campus). (Advertised in the Orlando Sentinel on Thursday, September 20, 2012). (City Planner Rumer) The subject property is zoned C -3 (General Commercial) and has an approved site plan and development agreement for the Lake Butler Professional Campus. The Lake Butler Professional Campus was originally approved in 2008, and was proposed to be developed with the following uses on the Property: Lot 1 will consist of a mix of professional and medical offices; Lot 2 is proposed in the southwest corner of the property and will consist of a mix of retail and restaurant uses. The proposed Park Place PUD will include 242 multi - family units on 11.34 acres and 2.60 acres of commercial and retail? The apartments will feature a club house and pool amenity with landscaped park space within the development. The proposed apartments and commercial out parcels will be architecturally cohesive with the surrounding development. Access is proposed via a northbound right in on Maguire Road and an additional access from Tomyn Blvd. Page 5 -- City Commission Regular October 2, 2012 The Planning & Zoning Commission met on August 14, 2012, to consider approval of the applicant's request. After deliberations, the Planning & Zoning Commission unanimously recommended approval of the rezoning of 14.11 acres of the proposed Park Place from C -3 (General Commercial) to PUD (Planned Unit Development) subject to the execution of the First Amendment to the Development Agreement, and the resolution of the outstanding comments from the Legal Department prior to the action being presented to the City Commission for final approval. a. Rezoning to PUD Ordinance City Attorney Cookson read the title of Annexation Ordinance. City Attorney Cookson asked that before the formal presentation is done would like the commissioner(s) to disclose any information on what ex parte communications they have had with the developer or related parties on this development. Commissioner Johnson said he had two prior meetings with the homeowners and developer. Commissioner Keller said he had one meeting with the developer regarding questions he had with the zoning of the property. Commissioner Johnson also shared that he sat in on staff meetings they had on this development since it is in his district. Commissioner Wilsen said she had a meeting with the developer and did receive one call from a resident. Commissioner Johnson and Keller added that they also received several e -mail comments from residents. Mayor Protem Hood said he has spoken with several residents as well. City Planner Rumer said the item before the commission is a request from Skorman Development Corporation for the rezoning from C -3 (General Commercial) to PUD (Planned Unit Development) on 14.11 acres of land known as the Lake Butler Professional Campus and approve the associated Park Place PUD Land Use plan. A brief description of the subject property and location was given. This project is part of a master development which includes a vacant lot, stormwater pond, relief elementary school, and the Villages of Wesmere community. The Lake Butler Professional Plaza was originally approved in 2008, and was proposed to consist of a mix of professional /medical offices and retail /restaurant uses. City, Planner Rumer advised there is an associated developer's agreement with that original agreement that will require that Lake Butler Professional Office to commit to pay $300,000 towards a right turn lane from north of Maguire to east on Old Winter Garden Road and to construct a right turn lane on Tomyn Blvd. heading north on Maguire Road. The Skorman Development Corporation is proposing to rezone to PUD and change the uses from offices /retail /restaurant to 242 multi - family units on 11.34 acres and 2.60 acres of commercial and retail. The developer is not proposing to amend the current developer's agreement but instead modify it some bit such as including a $20,000 payment toward landscaping the medians on Maguire Road and to either construct the improvement or pay the City $400,000 to construct the improvement (this is an increase from the $300,000 approved in 2008). Further information was presented by City Planner Rumer regarding the market analysis, proposed turn lanes to be added, access to the subject property, rendering requirements, and characteristics of the surrounding area. Page 6 - -- - - City Commission Regular October 2, 2012 Ted Edwards, Foley & Lardner Law Firm, said he represents the developer /applicant. Mr. Edwards said the proposed development is for a Class "A" upscale apartment complex that will have tile roofs, stainless steel appliances, landscaping, garages. The project will be a $25 million - $30 million construction budget which will bring and create jobs. Mr. Edwards shared that his client has had several community meetings and did receive support once they were able to speak with residents. There may still be some residents who did not attend the meetings or who have misconceptions of the project; however, that is what they are hoping to clear up tonight. Mr. Edwards briefly addressed some of the concerns that they have received regarding traffic, schools, and the proposed rezoning of the subject property from C -3 to PUD. Bob Koch, architect for the development, briefly explained the current economic conditions that are occurring and the shift from homeowner to renter. He addressed some of the misconceptions on apartment dwellers and explained today's rental market is just as diverse as the housing market and touches every level of the economic platter. Mr. Koch further described the proposed development project. Mayor Protem Hood opened the public hearing. SPOKE IN OPPOSITION OF THE PROJECT Henry Pinzon, 328 Highbrooke Blvd, Ocoee, David Fishpool, 62 Highbrooke Blvd., Ocoee, (Brookstone) brought an online petition signed by 388 people. Commissioner Wilsen read the petition into the record. Commissioner Johnson noted that 55 of the signatures are from people outside of the area. Stephanie McKelvain, 19 Heather Green Ct, Ocoee Jack Turner, 923 Grovesmere Loop, Ocoee Leonard Labato, 483 Douglas Edward Drive, Ocoee Jim McNicol, 830 Patriots Point Dr, Ocoee Robert Godfrey, 182 Highbrooke Blvd, Ocoee Chuck Whithall, 5510 Osprey Isle Ln, Orlando Jim Brennan, President of Wesmere Board of Directors Brian Py, (email read into record), 11012 Orangeshire Ct, Windermere Groves SPOKE IN FAVOR OF THE PROJECT John Ott 11531 Willow Greens Drive, Winderemere Sara Azioli, 5 Moor Green Ct, Ocoee Mayor Protem Hood closed the public hearing. RECESS City Attorney Cookson advised that if a motion is to approve than it would be based on the evidence presented to approve from C -3 to PUD per staff's recommendation and subject to execution of the amendment to the developer's agreement amending the Land Use Plan and some clean -up items on the submittal. If the motion is to deny the ordinance than it would be based on the evidence presented and motion would just be to deny from C -3 to PUD. Commissioner Johnson, seconded by Commissioner Keller, moved to deny the Park Place rezoning ordinance from C -3 (General Commercial) to PUD (Planned Page 7 City Commission Regular October 2, 2012 Unit Development). Motion carried 3 -1 with Commissioner Wilsen opposing and Mayor Vandergrift absent. b. First Amendment to Development Agreement (not a public hearing) City Attorney Cookson advised this would be a motion to not approve the first amendment to the development agreement which was drafted consistent with the rezoning of the property to PUD. Commissioner Johnson, seconded by Commissioner Keller, moved to deny approval of the First Amendment to the Development Agreement. Motion carried 3 -1 with Commissioner Wilsen Opposing and Mayor Vandergrift absent. 8. Raynor Shine Recycling Solutions, LLC - Preliminary /Final Site Plan. (Advertised in the Orlando Sentinel on Thursday, September 20, 2012). (City Planner Rumer) The proposed site is approximately 9.85 acres in size and is located on the west side of Ocoee - Apopka Road, across from the West Orange Girls Club. The future land use designation is Light Industrial with an 1 -1 (light industrial) zoning designation. The applicant is proposing a yard waste and land clearing debris recycling facility on the site. A Development Agreement was approved by the City Commission on November 18, 2003, which provides conditions for the development of the subject property. The subject site currently contains site plan approval for the West RV and Boat Storage. The owner /applicant intends to keep the option for developing the West RV and Boat Storage site should the proposed temporary use not continue after the contract period. City Planner Rumer said the preliminary /final site plan approval is for Raynor Shine Recycling Solutions, LLC (RSRS). The proposed site is approximately 9.85 acres in size and is located on the west side of Ocoee - Apopka Road, across from the West Orange Girls Club. The future land use designation is Light Industrial with an I -1 (light industrial) zoning designation. The applicant is proposing a yard waste and land clearing debris recycling facility on the site. A Development Agreement was approved by the City Commission on November 18, 2003, which provides conditions for the development of the subject property. In 2008, the site plan was amended for the West RV and Boat Storage. City Planner Rumer said on October 6, 2010, the site received Small Scale Site plan approval for five (5) years for the recycling of green waste with a limit of 200 cubic yards of recycled waste stored on -site. The applicant is now seeking a large scale amendment through the City and County to receive a Solid Waste Permit for this recycling facility. Further information was presented by City Planner Rumer regarding the use on the property, waiver of conditions for the property, and site description. Staff recommends approval of the Preliminary / Final Site Plan for the Raynor Shine Recycling Solutions subject to the condition that the existing waivers be terminated upon change in ownership of the property, and the receipt of a permit for a Recycling Waste Facility from Orange County. Jim Golden, Golden Engineer, briefed the commission on the Orange County process that they are currently going through. He shared that Mr. Raynor has been successfully operating his business for two years now and this is truly a green business because of the recycling. Page 8 — City Commission Regular October 2, 2012 Mayor Protem Hood opened the public hearing. As no one wished to speak, the public hearing was closed. Commissioner Wilsen inquired about the traffic and what they should anticipate with trucks going in and out. Mr. Golden said they did a study back in April and they calculated roughly 72 trips average per day during the middle part of the day. He advised that this is much less the RV and Boat Storage that is proposed for the property. City Planner Rumer advised that the transportation study for the RV and Boat Storage had planned for 197 trips. Commissioner Wilsen clarified that this would be a total green recycle facility. City Planner Rumer said they are inspected by the Environmental Protection Division (EPD) twice a year. Mayor Protem Hood, seconded by Commissioner Wilsen, moved to approve Raynor Shine Recycling Solutions, LLC - Preliminary /Final Site Plan per staff's recommendation. Motion carried 3 -0 with Commissioner Johnson away from the dais and Mayor Vandergrift absent. H. REGULAR AGENDA I. STAFF ACTION ITEMS J. COMMENTS FROM COMMISSIONERS Commissioner Keller— 1) said he has been receiving questions about the corner of McCormick and Apopka Road. There seem to be more accidents there. He further asked if there is a possibility of a traffic light being placed at the intersection. Mayor Protem Hood stated that he talked to Public Works Director Steve Krug about that some months ago, and there are no plans for a light at this time. Mayor Protem Hood asked the city manager if a letter of concern could be sent to the County about that area. City Manager Frank answered that there might be funds in the Metro Plan for such matters. The city manager will discuss it with the public works director. 2) inquired about the construction happening at McCormick and Ingram. City Engineer Wheeler said that they should be done within a month or so. At last commission meeting, Mr. Wheeler added, the commission approved the 16 inch installation reeves main. The developer wants to start building homes as soon as possible. A number of their model permits have been sent to the building division, and the commission approved the plat tonight to change the name. The developer is moving forward. Mayor Protem Hood added that the City may need to partner with the County to get lighting for the area. 3) Commissioner Keller mentioned that he would like to see a fountain for dogs at Bill Breeze Parks. He said that a three -foot fountain should be sufficient, and that he is not expecting the fountain to appear tomorrow. Parks & Recreation Director Hayes said that he will look into the matter. Commissioner Johnson — None Commissioner Wilsen- Is there any exception that can be made to waive the five -year wait for a traffic signal? City Engineer Wheeler said that the State will do warrant studies and evaluate the area based on ten or twelve different items. The decision would be based on current traffic, future traffic projections, as well as accident history. The city manager asked Commissioner Wilsen if she was talking about a specific location. She answered that she believes the - Page 9 City Commission Regular October 2, 2012 commission will be having discussions about the development's impact on traffic at Silver Bend. From everything she has read, residents are concerned about the increase in traffic volume that will result. Cit Manager Frank responded that even if the State's study did not result favorably for the traffic light, funding could be found. Mayor Protem Hood added that there is also the matter of not having traffic lights too close to one another. The city engineer said that they try not to have the lights closer than a quarter of a mile of each other. Commissioner Wilsen stated that she anticipates that the questions will come and she wanted to bring up the issue now. Commissioner Keller inquired if the traffic light on Ocoee Hill will improve the situation at all. Commissioner Wilsen said that she did not know. Commissioner Keller said that there is one traffic light that is supposed to be started soon. Commissioner Wilsen said that she thought that traffic light was going to be delayed. City Engineer Wheeler said the traffic signal on Ocoee Hill is on the west side of Clark Road and Silver Bend (that has the construction going on near it) is on the east side of Clark Road. Ocoee's utility team is doing its relocation right now. Other utilities need to do their relocation as well. The DOT (Florida Department of Transportation) is looking to finish its construction by the end of this fiscal year. Commissioner Wilsen thanked the engineer for the information. Mayor Protem Hood — 1) announced that a regular commission meeting is scheduled on January 1, 2013. He asked if the commission wanted to reschedule the meeting. Commissioner Wilsen, seconded by Commissioner Keller, moved to cancel the regular commission meeting scheduled on January 1, 2013. The motion carried 4 -0 with Mayor Vandergrift absent. Mayor Protem Hood also reminded everyone to not forget about the Founders' Day Golf Tournament at Forest Lake Golf Course, the Poker Run, and the Marketplace which still has booths available in the craft area. ADJOURNMENT The meeting was adjourned at 10:03 p.m. APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 10 CITY OF OCOEE FINAL BUDGET PUBLIC HEARING Ocoee Commission Chambers September 26, 2012 MINUTES 6:00 P.M. I. CALL TO ORDER - Mayor Vandergrift A. Roll Call and Determination of Quorum Mayor Vandergrift called the Final Budget Public Hearing to order at 6:00 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 and Commissioner Keller. Also Present: City Attorney Cookson, City Manager Frank, City Clerk Eikenberry B. Announcement by Mayor This is an advertised public hearing to finalize the budget and adopt a final millage rate for the City of Ocoee. The City Commission has previously approved a tentative millage rate of 5.9315 mills which is less than the rolled -back rate of 6.1304 mills and thus represents no (0 %) increase in millage over the rolled -back rate. The adopted tentative millage rate is the maximum millage rate which may be adopted by the City Commission at the Final Budget Public Hearing tonight. II. PUBLIC HEARING A. Briefing by Director of Finance on the percentage increase in millage under the roll- backed rate necessary to fund the budget and the specific purpose for which ad valorem tax revenues are being increased. Finance Director Horton advised that the ad valorem taxes are being assessed to provide funding for capital items, operational expenses, and salaries necessary to provide municipal services to the citizens and businesses of Ocoee. The Commission has adopted a tentative millage rate for Fiscal Year (FY) 2013 of 5.9315. The proposed budget for FY213 is balanced with a 5.9315 millage. This represents no increase in millage over the rolled -back rate. Finance Director Horton further advised that the wishlist has been revised to reflect the items agreed upon at the tentative hearing and additional changes proposed by the City Manager to lower the millage rate. Those items have been enclosed in the notebooks received from the City Clerk. Mayor Vandergrift announced that the residents may make comments at any time during this proceeding; he asked them to raise their hand if they wish to speak. 1. Comments by Citizens - None Ocoee City Commission Final Budget Hearing September 26, 2012 2. Comments by Commissioners. Commissioner Keller advised one of the things he requested to be added to the wishlist was a reduction to the contingency. At the last meeting they had given the HRDB Board $5,000 and he figured if they would like to keep the rate as it was prior than taking $5,000 out of contingency would get them back to the same rate as last year. City Manager Frank explained if they agree to approve the wishlist with Commissioner Keller's suggestion than they will be at 5.8460 mills which is the same as the current year's rate. 3. Motions by Commissioners for amendments to the proposed tentative budget. Commissioner Keller stated that in order to keep the millage rate the same as it was last year, he would like to take the $5000 out of contingency instead of adding it to the budget. The money would just be moved over and have no effect on the rnillage rate. Commissioner Keller, seconded by Commissioner Hood, moved to amend the tentative budget by moving $5,000 from the contingency fund to the HRDB, having no effect on millage rate. Commissioner Wilsen inquired about the $131,000 savings that the City Manager was going to find to fund the pay raise; adding that she would like it on the record, as she has stated before, she does not feel they are in a position to be giving pay raises and would like for this to be on the record. The city employees are very valuable to the city but she would like to see the city keep jobs and feels they owe the citizens that aspect by being conservative with the budget. Mayor Pro Tem Hood said before they move on to another subject; they should take a vote on the amendment already on the floor that was made by Commissioner Keller. VOTE: Motion carried 5 - 0. Discussion continued on general employee pay increases. Discussion ensued regarding the three items that the City Manager advised could reduce the budget Savings on refunding of Crown Point Note (35,000) and allow for the employee pay increases (2% at Savings on Police vehicles (40,000) Savings on Resurfacing projects (56,000) mid -year) without affecting the millage rate. Commissioner Johnson said he would like it on the record that the commission has already given raises to the police and firefighters and it would not be fair if the general employees are the only ones not being approved for raises. Commissioner Keller said being that the City Manager found places to cut the budget rather than raising the overall budget, he has no problem giving the general employees raises. Commissioner Hood agreed it is not fair to give the police and fire raises and not general employees; he said he did not agree with it a few years ago when they did the same thing. It has nothing to do with unions, just with fairness. Commissioner Wilsen, seconded by Commissioner Hood, moved to amend the tentative budget by removing the $131,000 previously budgeted for 2% mid -year pay increase for General Employees. Page 2 of 5 Ocoee City Commission Final Budget Hearing September 26, 2012 Commissioner Wilsen asked for clarification on the Fire and Police Department raises they gave last year. City Manager Frank said he believes the Fire Department was given a 3% increase in this current year which they gave back to the city so that general employees could get raises; this year they were approved for a 2.5% increase. He further said the Police Department does not have a contract this year so they are still waiting the results for the Impasse Hearing but if that should pass then there will be no raise for the Police Department this year; however they have had raises the last 3 -4 years. Commissioner Wilsen shared that she is looking at the point where they need to stop giving raises and she realizes it is never going to be pleasant when they have to say "no." Commissioner Johnson inquired why she has to start with the general employees when that subject was not brought up at the union. He further said the general employees are still being penalized since their raises will not take place until mid -year. Commissioner Wilsen advised that she is going on the record and announcing that she will not be giving any pay raises in the future to any of the employees until the economy is better. Commissioner Hood shared that he feels they should have a cap based on salary pay but that is something the City Manager would have to consider and discuss with the directors. Commissioner Johnson briefly shared that almost all the surrounding cities gave raises to their employees; many of them were funded with money from their reserves. Commissioner Wilsen acknowledged that she read that in the paper as well. VOTE: After the discussion, the motion failed 1 -4 with Mayor Vandergrift, Commissioner Hood, Commissioner Johnson, and Commissioner Keller opposing. NEW MOTION: Commissioner Keller, seconded by Commissioner Hood, moved to amend the tentative budget by reducing the budget $131,000 due to savings found in refunding the Crown Point Note, Police vehicles, and Resurfacing Projects. This would allow that no effect be made to the millage rate. Motion carried 4 -1 with Commissioner Wilsen opposing. Comments by Citizens RECESS (to make copies of resident's documents) Greg Keethler, 2430 Orsota Circle, gave a PowerPoint presentation that showed the comparable communities (Apopka, Winter Garden, and Ocoee) and their median housing units, taxes levied per housing unit and capita. He further showed comparisons on millage rates over time for each of the communities and advised that Ocoee is one of the higher mill rates in Orange County. Mr. Keethler's recommendation to the Commission is to lower the tax rate at least 10% Discussion ensued regarding the validty of the roll -back rate. Commissioner Keller briefly commented that you have to look at both the millage rate and roll -back rate to show a true comparison as to whether taxes are being reduced or increased. He gave a scenario explaining where the millage rate increases, in many instances the actual amount the residents were taxed would decrease. Mr. Keethler said what they really need to discuss is how they can bring their demand for revenue down regardless of the roll -back. Commissioner Keller said they still have to pay for what Page 3 of 5 Ocoee City Commission Final Budget Hearing September 26, 2012 they have. The city can reduce services (expenses) and have, in fact, done that in the past two years. He further said last year the commission stayed below the roll -back rate so they could reduce the number of taxes per thousand and this year they will be at the same rate as last year which is $28 less per thousand. He said with few exceptions, Ocoee residents saw a decrease in taxes last year and they will see a decrease again this year and that is not coming across at all in his presentation. The Mayor briefly spoke about the roll -back rate and advised that the city does not have full control of the roll -back rate; there is some control up at the county /state level. He advised that Apopka and Winter Garden both have a larger commercial district than Ocoee so they have a bigger tax base. Mayor Vandergrift advised Mr. Keethler that at this point to put in a 10% reduction would be really difficult on a whole lot of people within the working community so he would like to work with him for next year. Commissioner Johnson stated that the cost of providing services has not gone down because of the poor economy. He stated that in fact, gas and other costs have gone way up. Mayor Vandergrift explained that we have dropped 4 million dollars out of our budget of the last four years. Mr. Keethler thanked the Mayor for allowing him to speak and said he will make sure to not come late in the game next time. He further does appreciate the consideration to look at what they can do for next year. RECESS B . Announcement by Director of Finance of the recomputed proposed final millage rate and the percent by which the recomputed proposed millage rate exceeds the rolled -back rate. This percentage is the proposed final percentage increase in property taxes. Finance Director stated the recomputed proposed millage rate is 5.8460 and this represents no increase in the roll -back rate. 1. Motion to adopt Ordinance No. 2012 -011, setting final millage rate. Commissioner Keller, seconded by Commissioner Johnson moved to adopt Ordinance No. 2012 -011 setting the final millage rate of 5.8460 as the millage rate for FY 2012 -13. City Attorney Cookson read the title of the final millage rate ordinance. City Attorney Cookson stated the name of the taxing authority is the City of Ocoee. The rolled back millage rate is 6.1304 mills. The percentage by which the proposed millage rate exceeds the rolled back rate is 0 percent. The millage rate proposed by the ordinance is 5.8460 mills. Mayor Vandergrift asked what percentage we are under the rolled back rate, to which the Finance Department stated - 4.86 percent decreases from the roll back rate. a. Comments by Citizens - None b. Comments by Commissioners - None c. Vote on motion to adopt Ordinance No. 2012 -011, setting the final millage rate. Motion carried 5 -0. The Ordinance as adopted on final reading carries the following title: Page 4 of 5 Ocoee City Commission Final Budget Hearing September 26, 2012 ORDINANCE NO. 2012 -011 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING A MILLAGE RATE FOR AD VALOREM TAXES FOR THE CITY OF OCOEE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013; PROVIDING FOR MILLAGE ADJUSTMENT; PROVIDING FOR COLLECTION OF TAXES; PROVIDING FOR NO INCREASE IN MILLAGE RATE OVER THE ROLLED -BACK RATE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 2. Motion to adopt Ordinance No. 2012 -012, adopting final budget. Commissioner Wilsen, seconded by Commissioner Keller, moved to adopt Ordinance No. 2012 -012 adopting a final budget for the fiscal Year beginning October 1, 2012 and ending September 30, 2013. City Attorney Cookson read the title of the final budget ordinance. a. Comments by Citizens - None b. Comments by Commissioners - None c. Vote on motion to adopt Ordinance No. 2012 -012, adopting the final budget. Motion carried 5 -0. The Ordinance as adopted on final reading carries the following title: ORDINANCE NO. 2012 -012 AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. C. Announcement by Mayor Vandergrift of end of budget public hearing. Mayor Vandergrift announced the end of the public hearing. Commissioner Keller thanked staff for all of the hard work. III. ADJOURNMENT The meeting adjourned at 7:02 p.m. APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 5 of 5 Special Session CITY OF OCOEE City Hall Commission Conference Room 150 North Lakeshore Drive Ocoee, Florida September 26, 2012 Minutes 5:45 p.m. 1. Temporary allocation of $200,000 in unencumbered stormwater funds to allow the City to issue a purchase order for the changes to the Clarcona -Ocoee Road at Clarke Road intersection pending receipt of payment from developer of the Arden Park Subdivision. (CIP Manager Butler) The City Commission approved funding this item at its last regularly scheduled meeting, but since the project was not in the Adopted FY 2012 Budget, we are unable to advance the funds to issue the purchase order prior to receiving payment from the developer; however, some of the work needs to be underway within a few days. The amount of the purchase order will be $183,316.46. The additional requested funds are for contingency allowance. CIP Manager Butler explained that this item was approved as an emergency item last week because the contractor was in the area doing other work and we would save a great deal of money to move forward in the next few days. We are asking for authorization to take a "bridge loan" from the stormwater utility fund to move forward with the project. The funds will be reimbursed when payment is received from the developer of Arden Park. The purchase order is in the amount of $183,316.46 to DeWitt Construction. They are asking to temporarily move $200,000 from the stormwater funds to make sure we cover any unexpected increases. Commissioner Wilsen, seconded by Commissioner Keller moved to approve the temporary allocation of $200,000 from Stormwater Utility Funds in order to issue a purchase order to DeWitt Excavating in the amount of $183,416.46 for the road construction proiect at Clarcona -Ocoee Road and Clarke Road, pending receipt of payment by the developer of Arden Park. Mayor Vandergrift asked if we are paying it half now and half when the project is finished. Mr. Butler explained that it will he invoiced and paid over time, as the project phases are completed; they will not get any money up front. Mayor Vandergrift said he does not want Orange County getting the checks. Mr. Butler said we are having Orange County participate so that we get trade -offs for things they would have paid for as part of the project such as curb and gutter, but that no money will be paid to Orange County. All funds will go directly to the contractor. Mayor Vandergrift asked if arrangements have been made to put a traffic light in that intersection. Mr. Butler explained that the county is paying for the installation of the light and we are paying for some modifications that will be needed for future extension of Clarke Road; that is all included in this project. After the discussion, the vote was taken: Motion carried 5 -0 2. Allocation of unexpended funds for City election in the City Clerk's office to conduct geotechnical testing and surveying work related to the design of the Community Center. Use of these funds will allow us to maintain our production schedule. (CIP Manager Butler) CIP Manager Butler explained that we need to do geotechnical testing for soil load bearing before we start the community center project. The will test for the load bearing of those soils outside the footprint of the current building; and will be testing the area of Bill Breeze Park to see what the ability of that soil is to absorb stormwater run -off. He added that we also need to update the survey of the City Hall area that was done a few years ago to take into account all the changes that have been made in elevations to curbs and sidewalks, etc. Mayor Vandergrift said he hopes the borings will be deep enough where it won't be sinking the way City Hall is sinking. Mr. Butler said they are boring at 30 foot depths. There was discussion about the front part of City Hall on the lake is built on muck, which has caused some shifting. The Community Center is on a hill that has always been on dry land, but we want to do the borings to make sure there is no insurgence of muck into that area. The current building is fine, but the new building is going to be a larger footprint, so testing needs to be done. He said there is a map included in the agenda item that shows where the borings will be done. Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the allocation of unexpended funds for City election in the City Clerk's office to conduct geotechnical testing and surveying work related to the design of the Community Center. Motion carried 5 -0. Emergency Item — Approval of Cost for Founder's Day Commissioner Johnson said he needed to get the total cost of the Founders' Day Event approved by the City Commission. He stated that the event cost is estimated at $102,000. He added that at this point he has donations totaling $63,500 and he is still expecting more. They will not be totaling the additional money that they will make on the beer tent, golf tournament, poker run, market place booths, etc. until after the event. Commissioner Johnson added that he believes Arden Park and Chevron Development are both going to donate $7,500 as well. City Manager Frank explained that we budgeted $50,000 from the City and the rest will be in donations. Commissioner Wilsen, seconded by Commissioner Hood moved to approve the cost for the 2012 Founders' Day event at $102,000. Motion carried 5 -0. The meeting adjourned at 5 :56 p.m. APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor