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HomeMy WebLinkAbout01-18-00 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD TUESDAY, JANUARY 18, 2000 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:18 p.m. in the Commission Chambers. Commissioner Anderson led in prayer and Frances Watts led in the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared. PRESENT: Mayor Vandergrift, Commissioners Anderson, Johnson, and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Assistant City Engineer/Utilities Director Wheeler, Planning Director Wagner, Senior Planner McGinnis, and Acting City Clerk Green. ABSENT: Commissioner Howell (due to illness) PRESENTATIONS STATE OF THE CITY ADDRESS-MAYOR VANDERGRIFf Mayor Vandergrift read the State of the City Address, which is attached to these minutes as Exhibit A. He was assisted in a powerpoint presentation in conjunction with his speech by Neumeyer Productions and Trooper Advanced Technology. He introduced guests Ken Cone of Florida Power and Gretchen Adent of the West Orange Chamber of Commerce. In his address Mayor Vandergrift had designated Mrs. Willie Fields as citizen of the year, noting that she was probably the oldest living citizen in Ocoee. Mrs. Fields had celebrated her 99th birthday on January 17th. The Mayor introduced Mrs. Fields and several members of her family who were also present. In a footnote, Mayor Vandergrift announced that Orange County will be resurfacing A.D. Mims Road starting in February, 2000. Recess: 7:45 - 8:00 p.m. GRANT ApPLICATION FOR WEST ORANGE HIGH SCHOOL FFA - $500 FOR RAISING STEER FOR STATE FAIR - KINDRA HARRINGTON In a brief address, Kindra Harrington, of West Orange High School FFA, explained the functions of the FF A and the need for funding for the State Fair Steer Raising Project. Mayor Vanden!:rift, seconded bv Commissioner Johnson, moved to approve the grant application for West Orange High School FF A for $500 to help cover the cost of raising the Chapter's steer for this year's State Fair. Motion carried 4-0. Ocoee City Commission Regular Meeting January 18, 2000 CONSENT AGENDA The Consent Agenda consisted of the following: . Approval and Acceptance of Minutes of City Commission Regular Meeting of January 4, 2000 and December 21, 1999. . Approval and Authorization for Mayor and City Clerk to Execute the Brookstone Unit 1 Subdivision Final Plat. . Approval and Authorization for Mayor and City Clerk to Execute Two Non-Exclusive Temporary Easements, a Drainage and Access Easement, and a Non-Exclusive Perpetual Slope Easement Agreements with Village Marketplace Investors, Ltd. and Authorization for Payment of $250.00 to Cover their Costs in Reviewing and Executing the Agreements. Referring to the Brookstone Final Plat, Commissioner Anderson and Mayor Vandergrift expressed a preference for low-profile pedestals or underground utilities in new developments. After some discussion, it was agreed, without objection, to request staff to prepare an ordinance with that provision. Mavor Vandenrrift. seconded bv Commissioner Anderson. moved to approve the Consent Agenda as presented. Motion carried 4-0. COMMENTS FROM CITIZENS/PUBLIC Gary Hood, as president of Ocoee Little League, addressed the City Commission about the need for practice fields and the wear and tear on the fields by groups who were using them without authorization. Mr. Hood reported that the A.A.U. teams are using the fields for practice. City Manager Shapiro responded that the A.A. U. teams should not be using the fields and the City will send the Police Department to remove the teams from the fields if necessary. Mr. Hood also stated that the fence to the lights needs to be repaired and Mr. Shapiro said that the fence has gone out for bid. Commissioner Howell called in to report poor television reception of the meeting and to congratulate the Mayor on a speech very well done. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Anderson . Reported a citizen complaint about unsolicited phone calls and e-mails and asked if research could be done so the Police Department could direct individuals with this problem to the proper authority, i.e. FCC. Mr. Shapiro explained that if it involved bank fraud it would be a federal matter. Mayor Vandergrift invited Commissioner Anderson to draft an article for the next newsletter about this issue. Commissioner Johnson - None. Page 2 of 10 Ocoee City Commission Regular Meeting January 18, 2000 Commissioner Parker . Announced R.S.V.P. Line 407-656-2218, and said that live e-mail and call-in are available during this meeting. Mayor Vandergrift . Read a letter received today advising that Deputy City Clerk Fran Gosnell had received Certified Municipal Clerk certification and extended his congratulations. . Announced he had received a letter from Orange County that A.D. Mims Road will be paved in the year 2000. PUBLIC HEARINGS HESS SERVICE STATION-AMENDMENT TO SPECIAL EXCEPTION (PLANTATION GROVE) CASE #1-3SE-98 Planning Director Wagner presented the staff report for the proposed Amendment to the Special Exception (Plantation Grove) Case #1-3SE-98. He explained that Mr. Thomas Daly, representative for the Hess Station, had requested that the lighting for the station be allowed to be designed consistent with the existing Mobil Station at the Plantation Grove Shopping Center. He said that staff was recommending language to be added to Condition of Approval No. 11 of the Preliminary Site Plan for Special Exception for the Hess Station to allow them to design the site consistent with Mobil, but that they would have to meet all of the City's other site lighting criteria. In the discussion about lighting which ensued, City Attorney Rosenthal recalled the discussion and issues when the original Special Exception was adopted. He said Commission action at that time did not specify lighting with respect to compliance with the current Code and that was why the Amendment was brought to Commission. Thomas Daly, Daly Design Group, was present on behalf of Amerada Hess Corporation. Mr. Daly pointed out the lighting range of other service stations in the area. He said if the new Code were taken literally, the lighting for the Hess Station would be 70% dimmer than for the Mobil Station, and he cited public safety concerns. Attorney Rosenthal explained that staff's position is unrelated to public safety, but is based on consistency within a single Planned Unit Development. He said staff does not believe that approval of this lighting sets any precedent for any other lighting of gas stations within the City of Ocoee or in any way impacts from a public safety standpoint or otherwise what they may bring before Commission with some revised lighting standards which may well be less than what is being proposed for the Hess Station and less than what is in existing stations. Mr. Wagner said the information provided to Commission when they consider the revised lighting standard in the public hearing will include various levels of lighting and how they are affected by public safety. Page 3 of 10 Ocoee City Commission Regular Meeting January 18, 2000 The public hearing was opened, and as no one wished to speak, the public hearing was closed. As had been recommended by staff, Mavor Vandenrrift, seconded bv Commissioner Parker, moved to amend Condition of Approval No. 11 of the Preliminary Site Plan for Special Exception for the Hess Station bv adding the following language at the end of the condition: "However, site lighting illuminance levels mav match those of the existing Mobil Station at Plantation Grove Shopping Center, except that lighting design shall otherwise conform to all additional Ocoee Land Development Code provisions pertaining to site lighting." Motion carried 3-1. with Commissioner Anderson voting "No. " Mayor pointed out that he believes it is the intent of this Commission that all lighting for any of these service stations be drafted downward. Responding to a letter from a citizen, Commissioner Johnson pointed out that citizens should investigate what is planned for a neighborhood before they purchase a home, as much of what is happening now has been planned for a long time, and in fact, projects have been upgraded from the original plans. Commissioner Johnson stated for the record that he is sorely disappointed in the Ferdinand apartment project (Esplanade), and he does not feel the project is what they promised it would be. He said he wanted to be certain that the Hess project would not be a disappointment. He urged citizens to call the City if they need to be informed about plans for an area. Mayor Vandergrift left the dais and Mayor ProTem Anderson presided. SECOND READINGS OF ORDINANCES ORDINANCE No. 00-01, CLARKE ROAD POND ANNEXATION (CASE No. AR-99-09-01) City Attorney Rosenthal read the proposed ordinance by title only. As Commission had no objection to a combined staff report, Senior Planner McGinnis presented the staff report for Ordinance No. 00-01 and Ordinance No. 00-02, annexing and rezoning a 1.37 acre parcel located on the east side of Clarke Road, approximately 200 feet south of the intersection of Clarke Road and Ocoee-Clarcona Roads. The land use designation for the pond is low density residential and the request for rezoning is RI-AA. She said the Development Review Committee recommended approval of the annexation ordinance on November 17, 1999 and the Planning and Zoning Commission recommended approval of the annexation and zoning ordinances on December 14, 1999. The annexation request is consistent with The Joint Planning Area Agreement, the State criteria, and the City standards. She said the requested rezoning is consistent with the Comprehensive Plan, the Future Land Use Map, the Land Development Code, the Joint Planning Area Agreement with Orange County and surrounding land uses and zonings. Page 4 of 10 Ocoee City Commission Regular Meeting January 18, 2000 The public hearing was opened for Ordinance No. 00-01, and as no one wished to speak, the public hearing was closed. Commissioner Parker, seconded by Commissioner Johnson. moved to adopt Ordinance No. 00-01. Clarke Road Pond Annexation (Case No. AR-99-09-0n. Motion carried 3-0. Mayor Vandergrift was away from the dais. ORDINANCE No. 00-02, CLARKE ROAD POND REZONING (CASE No. AR-99-09-01) City Attorney Rosenthal read by title only Ordinance No. 00-02 (Case No. AR-99-09-01) providing for change of zoning classification from Orange County A I Citrus Rural District to Ocoee RI AA Single Family Dwelling District containing approximately 1.37 acres located on the east side of Clarke Road, approximately 200 feet south of the intersection of Clarke and Ocoee-Clarcona Roads. The public hearing was opened for Ordinance No. 00-02, and as no one wished to speak, the public hearing was closed. Commissioner Parker, seconded bv Commissioner Johnson. moved to find the proposed rezoning to be consistent with the (1) Comprehensive Plan: (2) Future Land Use Map: (3) Land Development Code: and (4) Joint Planning Area (JPA) Agreement with Orange County, and to adopt Ordinance No. 00-02, Clarke Road Pond Rezoning (Case No. AR-99-09-01), rezoning the subiect parcel from Orange County A-I to Ocoee R-IAA. Motion carried 3-0. Mayor Vandergrift was away from the dais. SILVER CROSSINGS, PROJECT No. LS-99-002 PRELIMINARy/FINAL SUBDIVISION PLAN AND PRELIMINARy/FINAL SITE PLAN As Commission had no objection to a combined staff report, Planning Director Wagner presented the staff report for the Preliminary/Final Subdivision Plan and Preliminary/Final Site Plan for Silver Crossings, a proposed development involving 9 acres of land located in the northeast quadrant of the Clarke Road and Silver Star Road intersection. The public hearing had been continued from December 21, 1999 in order to resolve outstanding issues. Mr. Wagner said the revised plans meet all City requirements, and the three waivers requested by the developer are supported by staff and they are as follows: 1. Relocate landscaping materials from the service area at the back of the building to the north side of the brick wall facing the adjoining the residential area. 2. Conforms site lighting with National Lighting Standards that are to be considered for inclusion in the Land Development Code. 3. Permits a small number of parking spaces to be reduced in size for compact cars in order to maintain the required total number of spaces and to permit inclusion of required pedestrian and landscape areas within the parking lot. Page 5 of 10 Ocoee City Commission Regular Meeting January 18, 2000 Planning Director Wagner said that staff recommends approval of both the Preliminary/Final Subdivision and Preliminary/Final Site Plans with the three (3) waivers. A combined public hearing was opened for Silver Crossings, Preliminary/Final Subdivision Plan and the Preliminary/Final Site Plan. Martha Lopez-Anderson, 2438 Alclobe Circle, stated that she is concerned about the parking in the southeast corner. If there is no parking spot in that area, the driver will be forced to back-up. Steve Brandon, of Brandon & Company, the developers of the proposed project, said the parking lot was redesigned to provide back-inlback-out parking partly as a more efficient way to get parking spaces. This would also meet landscaping, sidewalk, and code requirements. Commissioner Anderson questioned Mr. Brandon if backing-up was the only way to exit the dead-end parking space and if this was supported by staff. Planning Director Wagner stated that when the plans were first presented there were some adjoining driveways and they were eliminated to get additional parking spaces. He stated that the rows were short enough for drivers to see down the rows for available spaces, and they expected most of the spaces to be utilized by employees. Mayor Vandergrift returned to the dais. Martha Lopez-Anderson stated that the residents of Silver Bend are excited about Publix, and that they welcome the developers and wish them the best. The public hearing was closed. As had been recommended by staff, Commissioner Parker, seconded bv Commissioner Anderson, moved to approve the Preliminarv /Final Subdivision Plan and the Preliminary/Final Site Plans for Silver Crossings, including the waivers specified thereon, as date stamped received bv the Citv on January 10, 2000. Motion carried 4-0. Commissioner Parker said she was pleased with the way the developer has presented the project and discussed it with the surrounding property owners and the way that the staff and developer have worked together to work out issues before they came to Commission meeting. OTHER BUSINESS DISCUSS HIRING OF GOLDER & ASSOCIATES TO COMPLETE RISK MANAGEMENT PLAN FOR PROCESS SAFETY MANAGEMENT. Page 6 of 10 Ocoee City Commission Regular Meeting January 18, 2000 City Engineer/Utilities Director Shira presented the staff report regarding the Clean Air Act Amendments of 1990, requiring utilities to develop plans to identify the potential for, and prevention of accidental releases of hazardous chemicals. Golder & Associates have developed a Risk Management Plan (RMP) for the Wastewater Treatment Plant and Jamela Water Treatment Plant. Those RMP were completed and submitted to E.P.A, and Golder & Associates have submitted a proposal to prepare the second half of the requirements of the Clean Air Act Amendment. This is the preparation of a Process Safety Management Report. There are fourteen (14) points that must be addressed. Mr. Shira recommended that the City Commission authorize Golder & Associates to proceed with the proposal with a thirty (30) day time extension. As had been recommended by staff, Commissioner Anderson. seconded by Commissioner Johnson, moved to authorize the transfer of $15,000.00 from the Utility Administration Reserve for Contingency account to the Utility Administration Professional Service/Other account. and further authorize Golder & Associates to provide the services related to the Process Safety Management program as detailed in their proposal dated October 20, 1999, with the addition of a 30 day extension. Motion carried 4-0. The following items are listed in the order considered. CANVASSING BOARD/BALLOT REVIEW CRITERIA FOR MARCH 14, 2000. City Attorney Rosenthal presented the staff report regarding the March 14, 2000 election. He explained that the General Municipal Election will be held concurrently with the statewide presidential primary, and that the Supervisor of Elections will be administering the General Election. He said it is recommended that the City Commission acting as the City Commission and the Canvassing Board members acting on behalf of the Canvassing Board (1) approve the proposed answers to the Supervisor of Elections as set forth in his memorandum, (2) adopt the Orange County Canvassing Board review criteria with respect to absentee ballots as set forth in correspondence from the Supervisor of Elections to the City Clerk dated November 16, 1999 and establish those criteria as the City criteria, and (3) designate a member of the City Canvassing Board to attend, along with a representative of the City Clerk's office, the election day meeting of the County Canvassing Board and report back to the City Canvassing Board the municipal absentee ballot results as reported by the Supervisor of Elections. Commissioner Anderson left the meeting at 9:08 p.m. Beverly Willis, of the Supervisor of Elections Office, was present and confirmed that their office ordinarily prescreens the absentee ballots as the voters signatures are on file in their office. In discussion about designating a member of the City Canvassing Board to attend the election day meeting of the County Canvassing Board, Ms. Willis said the County Board usually meets at noon on the day of the election for a pre-screening of those absentee ballots that have been Page 7 of 10 Ocoee City Commission Regular Meeting January 18, 2000 received in the office, and they will review them again at the end of the day for anything that has arrived in the interim. Commissioner Johnson. seconded by Commissioner Parker. moved to approve staff's recommendation except for a change in item three to provide that a representative of the City Clerk's office will attend the election dav meeting of the County Canvassing Board and report back to the Citv Canvassing Board the municipal absentee ballot results as reported by the Supervisor of Elections. Motion carried 3-0. (Note: Mr. Rosenthal's Memorandum along with Mr. Cowles' letter are attached to these minutes as Exhibit B.) SET POLLING PLACE(S) FOR RUN-OFF ELECTION ON APRIL 11, 2000 Staff recommended that Commission set as polling place(s) for an April 11, 2000 Run-off Election, if needed, either the Ocoee Community Center for District 2, and the Beech Recreation Center for District 4 or Beech Recreation Center for both Districts 2 and 4. After some discussion, Commissioner Johnson seconded bv Commissioner Parker. moved to set as polling places for a run-off election on April 11, 2000 (if needed) the Community Center for District 2 and the Beech Center for District 4. Motion carried 3-0. CHANGE ORDER No. 1 WITH WHARTON-SMITH, INC. FOR CIP PROJECTS 4, 20, 21, 26, & 27. Assistant City Engineer/Utilities Director Wheeler was available to present a staff report and answer questions regarding the change order requests. This change order request was initiated to compensate the contractor for additional work requested to adjust unit quantities on numerous construction items and "final out" the projects. As had been recommended by staff, Commissioner Johnson. seconded bv Commissioner Parker. moved to approve Change Order NO.1 with Wharton-Smith, Inc. for CIP Proiects 4, 20, 21. 26 & 27. Motion carried 3-0. DISCUSS ADDENDUM TO CONTRACT WITH PEC FOR ADDITIONAL DESIGN SERVICES- MAGUIRE ROAD PROJECT City Engineer/Utilities Director Shira was available to present a staff report and answer questions regarding the addendum to the contract with PEC for additional design services for Maguire Road. This proposal covers the following aspects of the project: 1. Design a stormwater pond. 2. Design and permitting of a sanitary sewer line and force main relocation to an existing lift station, made necessary for the construction of the above pond. 3. Design and permitting of the relocation of existing water utilities to accommodate an existing 54" diameter Conserve II reclaimed water main. Page 8 of 10 Ocoee City Commission Regular Meeting January 18, 2000 4. Design and permitting of an extension of a 12" water main to connect to facilities installed earlier. As had been recommended by staff, Commissioner Johnson. seconded by Commissioner Parker. moved to approve Addendum No. 00-1 to PEC's contract for the not-to-exceed amount of $47,740.00. Motion carried 3-0. DISCUSS ANNUAL VOLUNTEER APPRECIATION DINNER City Manager Shapiro presented Community Relation/Projects Director Shira's memo regarding the Annual Volunteer Appreciation Dinner. Mayor Vandergrift stated that he would like to have an informal barbecue outside or use the Beech Center. Discussion ensued. Mayor Vanderi!rift. seconded bv Commissioner Johnson. moved to approve an informal barbecue at the Beech Center for the Annual Volunteer Appreciation Dinner. Motion carried 1:Q. ApPOINTMENTS TO BOARDS Citizen Advisory Council for Police Department-The terms of Members Applegate, Aycock, Hager, Minor, Shaner, Sills, Slimick, and Snow will expire February 1, 2000. Mayor Vanderi!rift. seconded bv Commissioner Parker. moved to reappoint the above members for terms to expire February 1, 2003, with the exception of Nell Minor, who does not wish to be reappointed. Motion carried 3-0. COMMENTS FROM COMMISSIONERS Commissioner Parker -None. Commissioner Johnson 1. Said there are yard trash problems at Lady Ave. and Doreen Ave. The trash pick-up standards are not being met according to the contract. 2. Announced a call in from a citizen on Center St. regarding speeding and running stop signs. 3. Asked that the City Commission receive a report on developers who have not paid their outstanding fees to the city. He further stated that no license should be issued until the outstanding fees are paid. Mr. Shapiro said that the Finance Department provided the Building and Planning Departments with the information, and further, that the Finance Department should sign off as the final step before the license is issued. Commissioner Howell - absent Commissioner Anderson - absent Page 9 of 10 Ocoee City Commission Regular Meeting January 18, 2000 Mayor Vandergrift 1. Announced a call in from Commissioner Howell requesting more details on agenda items so citizens will understand items being discussed. 2. Announced an anonymous call in regarding whether the franchise with T.W.C. was approved. Mr. Shapiro stated that the franchise has not been approved at this time but expects it to be an agenda item in February. 3. Expressed concern to the Breeze Family in Bill Breeze's lingering critical illness. ADJOURNMENT The meeting was adjourned at 9:30 p.m. Attest: APPROVED c~~1 ~~.~ i{_ ~~ lv/VIJI Actmg City Clerk Green S. Scott Vandergrift, Mayor Page 10 of 10 Exhibit "A" to City Commission Minutes of January 18, 2000 "CENTER OF GOOD liVING - PRIDE OF WEST ORANGE" MAYOR. COMMISSIONER S. SCOTT V ANDERGRlFT 150 N. LAKESHOREDRIVE OcOEE, FLORIDA 34761-2258 (407) 656-2322 COMMISSIONERS DANNY HOWELL SCOTT ANDERSON RUSTY JOHNSON NANCY 1. PARKER CITY OF OCOEE CITY MANAGER ELLIS SHAPIRO Ocoee 2000-The Future is Now. Welcome to the year 2000 version of the state of the city address reflecting our accomplishments in 1999. Depending on your perspective this is the fITst report of the 21st century. I am happy to report to you, the citizens, that your government services never faltered because of the Y2K bug everyone predicted. This is because of a dedicated staff that made advance preparations to prevent a loss of services. With the upgrading of our computer system and a new user-friendly telephone system, we are prepared to give optimum service to our citizens over the next several decades. We remain the fastest growing city in Orange County, averaging more than one new home per day over the past seven years. Our current population is approximately 22,800, which means in the year 2003 it will be over 29,000 and in 2010, nearly 35,000. The City Commission, in partnership with city employees and countless volunteers throughout the community, has managed some phenomenal achievements. The Recreation Department under the leadership of Bruce Nordquist has had the most significant changes in the past year. With the cooperation of the Public Works Department, the recreation advisory board, elected officials, and a lot of other staff members, they have added the Jim Beech multi-purpose Recreation Center. This 15,000 sq. ft building contains basketball courts, volleyball courts, meeting rooms, kitchen, and offices for the recreation staff. Two soccer fields were completed that serve over 300 boys and girls. By the way they compete together and the girls can kick just as hard as the boys. Plans are underway to add a family aquatic center to the recreation complex. A dance room, exercise room, showers, and restrooms will also be a part of the center. The multi-purpose facility is being utilized by wheel chair basketball teams from Ocoee and Central Florida, they compete with teams from across the state and nation as well as on any given evening or day young adults of all ages and children are making this facility a community asset. The recreation department is also spearheading the cooperation with the state Fish and Wildlife Game Commission to establish our own Starke Lake as one of the Fab Five lakes in Orange County to get funds to improve fishing and other recreational activities connected with this wet park. We have active recreation programs from Senior Citizens field trips, to all kinds of before and after school activities for our youth, and everything in between. I would be derelict in my duties if I didn't mention the World Series championship our Ocoee Big League team won in Tucson, Arizona, this past summer. They defeated Canada in the fmal game, to end a sweep of the series. We could not have been represented by a more gentlemanly, sportsmanlike group of young people had we hand picked them for those qualities. Thanks Guys. The Ocoee Bulldog cheer leaders represented us in the National Championships held at Walt Disney World recently and walked away with 3rd place in one division and 6th place in another. Way to go ladies. Our thanks to all the coaches and parents for the sacrifices you make for our youth. We are proud of you all. This past year the various city departments have been extremely busy with growth and all of the challenges that go along with it. I could write a speech on each department alone of their accomplishments and challenges for the future but in the interest of time I will only touch on the significant ones that represent the tip of the iceberg that their everyday duties require them to perform. The Planning Department is continuing a close relationship with the Orange County School District in planning and siting of schools within Ocoee. At present there are 1 high school, 4 elementary schools, and 1 middle school being contemplated and planned for the next 10 years in our community. In addition the Ocoee Middle school is being rebuilt and modernized and will be completed within 2 years. This is being accomplished through the state of Florida as a pilot project for other school districts. The funds already earmarked for the project are nearly 27 million dollars. Not only will the school be modernized but will allow more students to be accommodated in a better and more educationally conducive atmosphere than present. The school will be without portables when fmished. There is an elementary school currently being built at the comer of Clarke and Silver Star Roads to open in September of this year to relieve overcrowding at Spring Lake elementary school and virtually eliminating portables there also. The site of the new elementary school will be adjacent to a new public library to begin construction within a few months. We are negotiating for a site for a new Ocoee High School, that we hope could be a reality within 5 years. The city has been lauded by the school board for our self determination of continued excellence in our schools. Through the efforts of the our volunteer Education Commission, we have formed a partnership with the school system to place parks near schools to help provide some relief on the system for providing extracurricular activities. The school system and city just bought a 25 acre parcel of land for a park and elementary school. The site is south of the Publix shopping center and east of Maguire Road to relieve Windermere and Lake Whitney elementary schools in the near future. After all of this planning, the Building Department is charged with making sure that all buildings are built to code and will withstand the forces of nature we sometimes endure by living in central Florida. This department has, under it's umbrella of responsibilities, code enforcement; plans review and approval; electrical, plumbing, framing, and general inspections of new homes; mobile homes; arbor ordinance enforcement; and, last but not least, the animal control officer, devoted to raising awareness of animals to our community in all aspects from neutering, to strays, and making us aware of responsible pet ownership. These dedicated employees have performed over 11,300 inspections in the past year, and we can all feel a little safer in our homes because of them. The Fire Department responded to 2907 calls for service in 1999. This represents a 7 to 10% increase over 1998. They educated over 7000 school children during fire prevention week on how to be better prepared in case of home fires, Preliminary plans are being devised for the relocation of Fire Station One. A grant of $50,000 for back up radio equipment is being sought. Fire personnel participated in the Children's Burn Camp at Walt Disney World. They also provided emergency weather radios for Day Care Centers. The engineering and utilities department is continuing to move toward a city-wide water reuse system that will not only save energy but save you money in the long run by allowing you to water your lawns with recycled water at a lower rate. Public awareness is the cornerstone of our water conservation program, embodied in the POWR program. This logo stands for "Protect Ocoee's Water Resources." Through education we are trying to get citizens to look at ways we waste water and to reduce our consumption by 100/0. There may have to be an adjustment in water rates for reasons of conservation, but we pledge to you that we will not leave any stone unturned in our search for better solutions. Your help is critical in this endeavor so think "How Can I Save Water?" and give more POWR to your money. The engineering and utilities department is completing the second stages of correcting some of our long-standing drainage problems. If you look around town, or maybe even in your neighborhood, you will see contractors hard at work fixing these nagging issues. In addition to the those duties, this department supervised the resurfacing of Orlando A venue, and will oversee the upcoming road replacements, widening, and four landings. These include Maguire Road, Silver Star Road, Professional Parkway, and parts of Old Winter Garden Road. They have also contracted, engineered, and completed several miles of new water mains being installed that will improve water pressure and fITe protection for many of our residents. Public works has it's hands full with maintaining of road ways, ditches, garbage removal, park maintenance, and building maintenance among other duties that don't fit into other departments' depositions. They have moved the public works center from Flewelling Drive to the industrial park and supervised the conversion of the old public works site into an enhanced parking area for Little League and Bulldog complexes. This department has continued to update, renew, and add new equipment to better serve our needs. The parks department has rebuilt several athletic fields. They continue to spruce up the city and its parks to make your community a more delightful place in which to live. The police department continued changes this past year to better protect our community with the take-home car plan which allows an officer to be assigned his or her own car to drive home and be responsible for. At present eligible officers must live in the city. With this plan, police cars are parked in our neighborhoods instead of at the police station. After thorough study of similar programs from other governmental entities, this program was implemented with the endorsement of our police advisory board. The commission and the police department will be reviewing extensions of the program this year. The Police Department sought and won a grant that will allow us to add more police officers in the next two years which, with our growth, will keep us in the upper percentile of officers per populace compared with other local governments. Currently we have more than 61 sworn officers. Our fITe stations are also police substations, which should enhance safety of the public by moving the officers closer to the neighborhoods. Our bicycle patrol seems to be popular with the public and allows our officers to communicate more directly with our law abiding citizens to encourage cooperation. Crimewatch members are keeping an eye out for you and if you don't belong or have a group in your neighborhood you should. Call the police department for more information. The Police department is processing grant applications for more than one million dollars. The department responded to over 28,000 calls this year, and yet we still have the second lowest crime rate in Orange County, only following our neighboring city, Windermere. The fmance department has been outstanding in their resourcefulness in adapting to the new computer system for reporting our income and expenses over the past year. F or the 11 th year in a row they have received a Certificate of Achievement for Excellence in Financial Reporting given by a national accrediting agency of governmental organizations. They have set up a program for you to be able to pay your water bill electronically from your bank account. They worked to reorganize our bonding structure to allow us to refinance 12 million dollars to get lower interest rates as well as about 4 million dollars extra to build a pool and meet other needs of the city. The Human Rescues department is the heartbeat of our city employees, with hiring, transfers, promotions, insurance responsibilities, and all things relating to our 294 employees. In addition this department is in charge of the youth art display at city hall. They oversee a program that allows employees to improve themselves through continuing education that is funded by the city. The Human Resources department assigns work details to individuals that need to give community service through the court system. Our volunteer commissions have been active this year to give you more input into your government and to provide you with an avenue to get involved to be sure that we, as leaders, take the right directions on issues. The Charter Study Commission reviewed our charter to see if it meets the needs of our community today, After several public hearings they reported back to the commission recommendations for 3-year terms for elected officials to reduce the need for elections every year and give more time to the officials to make decisions on challenges without the need to campaign every other year. You voted to accept this recommendation and this Marchyour officials will be elected.for 3-year terms. The Community Relations Director, Janet Shira, has moved us forward with programs of citizen involvement, more education and information getting out to the populace, and several other areas that have been overlooked in the past because of too much and too rapid growth. The MVP-Most Valuable Partnerships is a grant program instituted by the City Commission to get neighbors involved in enhancing their neighborhoods and thus the entire city. The program allows for groups to apply for matching grants from the city up to $2,500 to do good things for the neighborhoods. Founders Day Fireworks was another project. Our fIrst city events calendar was published last year and improved upon this year with children's drawings being the cornerstone. You may pick up a calendar at city hall or some local businesses in town. They will be collectors' items one day. A web page was started and improved upon, and we have gotten many compliments on this project. Our job openings are published on this site also. The informative quarterly "News to You" newsletter has been a huge success in getting information to citizens about your community. This department oversees the RSVP telephone number 407/656- 2218 that guarantees you an answer to your questions or problems within 48 hours. We have hopes that this will serve you better in the future. The phone is answered 24 hours a day, 7 days a week if not by a live person then by an answering Inachine. When used it has been an invaluable tool for staff and citizens alike to accomplish our objectives of frrst-rate service. Janet and staff, please accept a personal thanks from the Mayor and commission on your accomplishments this year. The City Clerk's offIce is responsible for taking minutes of all sanctioned meetings, keeping the ordinances codifIed and up to date, and basically being sure everything that is handled by them is by the book and lawful. Our task as elected officials is to keep you, the public, informed as to how we spend your hard-earned tax dollars. The city newsletter has been received with enthusiasm and we intend it to grow with our community. One of the foremost ways of communication is through live television coverage of our commission meetings. This is done through the hard work of the television crews furnished and trained by West Orange High School and West Side Tech at little cost to our citizens. Our city is the only city in Central Florida that does it "live." Thanks to Donna Giffy, a volunteer citizen, we have call- in service, but we need additional volunteers to cover all of our other commissions. Please get involved. We also have live email service during the meetings. For more information watch Channel 9 on Time Warner Cable the frrst and third Tuesday of each month, with reruns in between. The citizen of the year for this report is by circumstance probably the oldest living citizen in our city. Willie Fields just turned 99 last week and is still going strong. She moved to Ocoee in 1929 and was the mother of one of our former city commissioners and leading citizens, Delma Fields. While growing up here myself, she was a neighbor and was known to me as Mrs. Fields. During my preteen years I used to walk by her house going to Ocoee Elementary school. When I got old enough to mow yards she was one of my clients. Mrs. Fields has sisters that are also in their nineties and they have been celebrating with her this past week with parties, visits, and a reception held in her honor by the Starke Lake Baptist Church this past Sunday. In the time I have kno\V,Il Mrs. Fields, I don't think I have heard an unkind word spoken about her. Mrs. Fields, congratulations, and may you live through the next millennium In closing, I want to thank this commission for their tireless efforts in tackling some tough challenges in the past year. We don't have problems, just challenges and opportunities. The quality of dialog and thoughtfulness applied to every decision made, no matter your views has been unsurpassed in my years of public service. I hope it will continue in the future regardless of who represents our city. Thanks also to my editor in chief, my wife Beth, without whom this speech would not necessarily make sense. Her continued support has allowed me to accomplish a lot more for our city than I could imagine alone. Last but not least are the volunteers that make up our commissions for the city and all of those that volunteer through the civic, school, and athletic organizations within the fabric of our community. 1'd like to welcome new citizens and new or enlarging businesses. We need all businesses and all citizens to help and partner with your government to build our community of Ocoee into the very best place to live, work, and raise a family. So join in. We are here to make Ocoee truly the "CENTER OF GOOD LIVING" forlall of us. Have a Happy and Prosperous 2000. Respectively Submitted, s. Scott Vandergrift Mayor Exhibit "B" to City Commission Minutes of January 18, 2000 Agend:~ 1-18-2000 Item VII E FOLEY & LARDNER lViEMORANDUM Cuern-MATrliR NUMIll:R 020377.0107 DATE: The Honorable Mayor and City Commissioners of the City of Ocoee Paul E. Rosenthal, Esq., City Altomeyf,L January 12, 2000 TO: FROM: RE: Canvassing Board: March 14 General Election The March 14 General Municipal Election will be held concurrently with the statewide presidential primary. As a result, the Supervisor of Elections will be adrnini"tering the General Election, includIng the mailing, receipt and opening of absentee ballots. The City Commission recently approved an agreement with the Supervisor of Elections allocating responsibilities for the General Election, and, if needed, a municipal runoff election. All requestS for absentee ballots will be referred to the Supervisor of Elections who has accepted responsibility for the distribution of such ballots. It is necessary ior the City and Supervisor of Elections to agree upon arrangements for canvassing absentee ballot results for the general election. Attached hereto is a copy of correspondence from the Supervisor of Elections dated November 16, 1999 which addresses this issue in further detail and proposes certain solutions, and asks certain questions. The Ocoee City Cha.rter requires that the City C3I1vassing Board meet at 12:00 Noon following the day of the election and that the City Canvassing Board canvass the returns and declare the results at that meeting. In the past, the City Clerk has delivered. to the City Canvassing Board the results from the polling places along with unopened absentee ballots which have been prescreened by the Supervisor of Elections. This procedure will not be possible for the general election since City absentee ballots will be in the same envelope as the County absentee ballot and. will be returned in one envelope. The County Canvassing Board will review the absentee ballot envelopes on the Monday prior to the general election, make a decision as to the acceptability of those ballots, and proceed to open the ballots. If the City Canvassing Board were to utilize different criteria from the County Canvassing Board or reach a different conclusion regarding the ~tabi1iry of a ballot, this would lead to a potentially complicated siruation. In order to avoid conflicts, it is our recommendation that the City of Ocoee and its Canvassing Board defer to the County criteria. and the decision of the County Canvassing Board with respect to the acceptability of ballots and allow the County Canvassing Board to open and count the City absentee ballots and report the results thereof to the City. 006.167302.7 OIL-- ~ The Supervisor of Elections raises several questions which are set forth below along with our proposed answers: QUESTION 1: Are there any other criteria not mentioned above that your city canvassing board has used for reviewing ballots that might result in a rejected ballot? PROPOSED ANSWER: The City Canvassing Board does not have any additional criteria to supplement the criteria identified by the Supervisor of ElectioDS in his November 16. 1999 letter. OUESTION 2: Would a city representative as designated by the city canvassing board wish to make a spot check through the accepted ballots prior to their being opened on Monday, March 13, to verify that they meet your canvassing board criteria for acceptability? PROPOSED ANSWER: The City Canvassing Board does not desire to spot check the accepted ballots prior to their opening and will defer to the determination of me Supervisor of Elections and the County Canvassing Board. QUESTION 3: After the accepted ballots have been opened, would you want the city absentee ballots to be processed along with the county ballots? Would you want a member of the city canvassing board present? PROPOSED ANSWER: The City requests that the County process the City absentee ballots along \vith the Count"j absentee ballots. The City would request that a representative of the Ocoee City Clerk's office be present at the time the City absentee ballots are processed by the Supervisor of Elections. QUESTION 4: If they are to be counted in the presence of the city C3IlV3SSing board, but not simultaneously with the county ballots, would you wish them to be placed back into the opened absentee rerorn envelope? PROPOSED ANSWER: The City will not require that the City absentee ballots be counted in the presence of the City Canvassing Board, but would like the opportunity to have a representative of the City Clerk's office present at the time of counting. Accordingly, it is oot necessary for the City absentee ballots to be placed back in the opened absentee return envelope. QUESTION 5: Could at least one member of your C3Ilvassing board be present on eleCtion day when the county canvassing board meets to review those ballots which have been held for canvassing board review according to the criteria specified above? As an alternative to election day, could your canvassing board find some time on Monday, March 13, to meet in my office and review questionable absentee ballots and to "'bless" those which are acceptable by our standards? PROPOSED ANSWER: The City would like to have a representative of the City Clerk's office and at least one member of the City Canvassing Board present on election day whenever the Count'j Canvassing Board meets to review ballots held for review according to the criteria set forth in the November 16, 1999 letter from the Supervisor of Elections. It is not necessary for the City Canvassing Board to separately meet 006.167302.1 -2- with the Supervisor of Elections to review questionable absentee ballots or "bless" acceptable ones. The City Canyassing Board will defer to the decision of the Supervisor of Elections and the County Canvassing Board on whether or not to accept an absentee ballot. The City requests that the absentee ballot resultS be jointly delivered to the City Clerk's representative and the City Canvassing Board member present at the County Canvassing Board meeting. Under the procedures set forth above, at least one member of the City Canvassing Board and a representative of the City Clerk's office will he present when the County Can.....-assmg Board reviews ballots held for canvassing and certifies the absentee ballot results. RECO.MMENDATION: It respectfully is recommended that the City Commission acting as the City Commission and the Canvassing Board members acting on behalf of the Canvassing Board (1) approve the proposed answers to the Supervisor of Elections as set forth in this memorandum, (2) adopt the Orange County Canvassing Board review criteria with respect to absentee' ballots as set forth in correspondence from the Supervisor of Elections to the City Clerk dated November 16, 1999 and establish those criteria as the City criteria. and (3) designate a member of the City Canvassing Board to attend, along with a representative of the City Clerk's office, the election day meeting of the Counrj Canvassing Board and report back to the City Canvassing Board the municipal absentee ballot results "as reported by the Supervisor of Elections. Attachment( s) 006.167302.1 -3- <t' o ct. ~ ~- -f..( -11. '/)O:J39N~O ~\..\:.S . SUP~1l ~O ~~ ;y g.. i;f -r . 0 "1'\ m r- m f') ;j o N '".,:':' BILL COWLES Supervisor of Elections Orange County, Florida OUR MISSION IS TO: Ensure the integrity of the electoral process. Enhance public confidence. Encourage citizen participation. 1 5~ November 16, 1999 Jean Grafton City Clerk, City of Ocoee 150 Lakeshore Drive Ocoee FL 34761 Dear Jean: One of the compelling reasons for the 1992 decision not to have city elections held concurrently with county elections was the loss of over 600 ballots which could not be canvassed by the county canvassing board. The city and county ballots had been mailed in separate env.elopes with separate return envelopes. In order to save postage, however, many voters placed both ballots in one return envelope, in some cases mailing both ballots in the county envelope and in some cases mailing them both in the city envelope. For this reason, in the upcoming March election, we will be mailing out city absentee ballots in the SAME envelope as our county ballot. The voter will then place both voted ballots in the one return envelope addressed to the Supervisor of Elections. We have applied this procedure in the past, and it has not been a problem for those cities that agreed to this method; their canvassing board having agreed in advance to abide by the same review criteria as the county canvassing board for these ballots. In the past, ballots have been accepted by the county canvassing board if: The voter has signed the absentee certificate AND The signature is verified against the signature on record AND There is a witness to the signature AND The witness has orovided a sufficient address so that the witness could be. found. if necessRrv. . . - . ....'" The county canvassing board reviews all ballot envelopes where: There is NO signature by the voter OR There is NO witness to the signature OR There is insufficient or NO address given by the witness OR The voter's signature cannot be verified.- It has been our experience that most of the ballot envelopes held for review by the canvassing board are rejected. 119 West Kaley Street, Orlando . Reply to: Post Office Box 562001, Orlando, Florida 32856 Phone (407) 836-2070 . Fax (407) 317-7633 . TOO (407) 422-4833 . Internet: www.ocfelections.com Jean Grafton, City Clerk, City of Ocoee November 16, 1999 Page Two .;;--... Ballot envelopes which fall into the "accepted" criteria are opened on the day before the election so that they can be processed during the day of the election. Prior to opening the "accepted" ballots, a time is set aside and advertised allowing any member of the public to come in to inspect the ballots. It is my strongest desire to follow the above procedure for all cities on March 14, 2000. I believe it will result in the fewest number of rejected ballots and will make it easier on the voting public by allowing them to save postage by using just one envelope for both ballots. In order to satisfy the requirements of ALL cities we need to know the following:- 1) Are there any other criteria not mentioned above that your city canvassing board has used for reviewing ballots that might result in a rejected ballot? 2) Would a city representative as designated by the city canvassing board wish to make a spot check through the accepted ballots prior to their being opened on Monday, March 13, to verify that they meet your canvassing board criteria for acceptability? 3) After the accepted ballots have been opened, would you want the city absentee ballots to be processed along with the county ballots? Would you want a member of the city canvassing board present? 4) If they are to be counted in the presence of the city canvassing board, but not simultaneously with the county ballots, would you wish them to be placed back into the opened absentee return envelope? 5) Could at least one member of your canvassing board be present on election day when the county canvassing board meets to review those ballots which have been held for canvassing board review according to the criteria specified above? As an alternative to election day, could your canvassing board find some time on Monday, March 13, to meet in my office and review questionable absentee ballots and to "bless" those which are acceptable by our standards? By working together.and discussing these matters ahead of time, we will be able to make the March election as smooth as possible for the voting public. I look forward to hearing from you on these matters. ,- Ltf ill Cowles Supervisor of Elections .BC/med