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HomeMy WebLinkAbout10-18-05 Minutes MINUTES OCOEE CITY COMMISSION October 18,2005 at 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7: 15 p.m. in the Commission Chambers of City Hall. Pastor Gary Howell of Glad Tidings Church gave the Invocation and Cub Scout Pack #225 led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Mayor Vandergrift, Commissioner Anderson, Commissioner Howell, Commissioner Johnson, and Commissioner Parker. Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry. I B. PRESENTATIONS AND PROCLAMATIONS Proclamation - Red Ribbon Week - October 23 - 31. (Mayor Vandergrift) Proclamation - National Family Week - October 30 - November 6. (Mayor Vandergrift) I C. COMMENTS FROM CITIZENS/PUBLIC James Fleming, 511 Orange Avenue, thanked Commissioner Howell for his service to the City of Ocoee, and District 1, over the past nine years. I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker- thanked staff and volunteers connected with Founder's Day. She said it was a great event again this year. Commissioner Johnson - announced the Turkey Shoot at the Lions Club on Saturday, October 22,2005, at 9:00 a.m. Commissioner Anderson- none Commissioner Howell - none Mayor Vandergrift - read a letter from Frances Watts saying that Commissioner Howell will be missed and she thanked him for the time that he served. I E. CONSENT AGENDA 1. Approval and Acceptance of the Regular City Commission Minutes of September 20, ctober 4, 2005, and Final Budget Hearing of September 29, 2005. (City erk Eikenberry) 2. Ap ack Off Sta ontr for Comp uip are. ( ation S irecto oss) Approval and authorization for Staff to piggy-back off Florida State Contracts 250-001-03-1 and 255-001-01-1 with an Enterprise Agreement for software from Software House International up to the budgeted amount of $177 ,600. Staff also recommends signing an Enterprise Agreement with Microsoft to provide group discounts and upgrades. 3. N t 0 iver for God's Factory Church - Special Exception App tion i anner es) God's Factory Church is applying for a Special Exception and requests a waiver of the Application Fee under the "Policy for Non-Profit Organizations Wishing to Request a Waiver of Development Review Application Fee" approved by City Commission on February 18,2003. The Church has submitted a written request and the necessary documents to prove non-profit status. The church will be required, under the above policy, to submit the $1,000.00 Review Deposit for the application to cover advertising and miscellaneous fees. Any excess funds will be returned to the church upon written request after the City Commission makes its final determination on the Special Exception application. Commissioner Parker requested that Item #4 be pulled from the Consent Agenda. CQnsent..AClenda...Vote: Commissioner Parker. seconded bv Commissioner Johnson. moved to approve Consent AQenda. Items #1 throuQh #3. as presented. Motion carried 5-0. 4. FlIlldillgforSelliorsProgram(Custolt1erService Supervisor Sills) The City continues to sponsor a seniors program, which pays monthly water and solid waste fees for resident senior citizens that were participants in the program at the time the program was frozen. Currently there are 192 participants. Staffrespectfully recommends the transfer of funding from Contingency in the amount of$73,164 to the Senior Program line item for FY 05-06 as follows: Water Fees - $33,000, Water Utility Taxes - $3,300 and Solid Waste Fees - $36,864. This will reduce contingency by $73,164 and the contingency balance is $480,770. Commissioner Parker advised she pulled this item to discuss it. She said she served on a Committee that recommended better ways to do this that were fairer and more in keeping with the Constitution. She feels it could be done in a better way that would help more people. Commissioner Anderson. seconded bv Commissioner Howell. moved to approve Consent AQenda. Items #4. as presented. Motion carried 4-1. with Commissioner Parker opposed. I F. PUBLIC HEARING ORDINANCE SECOND READING 5. dinan IldillgOrdinallce No. 96-19, .Sectio 4re:Gelleral'Elllployees' f Fund. a urcesDirecto arnicella) (FirsfReading on , Adver r entineIClassifiedonOctober9,2005. The Money Managers for the City of Ocoee Municipal General Employees' Trust Fund have recommended to the Pension Board they consider amending the authority of the Money Managers to invest funds within certain limits. The revisions contained in this amendment will allow the Money Managers to invest in common stock, capitol stock and convertible securities at market, rather than at cost, and not to exceed seventy percent of the Fund, rather than sixty percent of the assets of the Fund. The Money Managers and the Attorney will be available for the reading at the Commission meeting. City Attorney Rosenthal read the title of the ordinance. Mayor Vandergrift opened the Public Hearing. R.P. Monacky, 1820 Prairie Lake Boulvard, made the comment that stock market is risky because it is so volatile. Jean Grafton, former City Clerk, said she has been retired for over one year, and wants the Commission to know how much she appreciates the pension she receives. Mayor Vandergrift closed the Public Hearing. Commissioner Parker. seconded by Commissioner Anderson. moved to adopt on second readinQ. Ordinance 2005-015. amendinQ Ordinance No. 96-19. Section 4 reQardinQ the General Employees' Retirement Trust Fund. Motion carried 5-0. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2005-015 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF OCOEE MUNICP AL GENERAL EMPLOYEES' RETIREMENT TRUST FUND, ADOPTED AND RESTATED IN FULL BY ORDINANCE NUMBER 96-19; AS SUBSEQUENTLY AMENDED; IS HEREBY FURTHER AMENDED BY AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. mallceAmen ters' Reading on 2005. The Money Managers for the City of Ocoee Municipal Police Officers' and Firefighters Trust Fund have recommended to the Pension Board they consider amending the authority of the Money Managers to invest funds within certain limits. The revisions contained in this amendment will allow the Money Managers to invest in common stock, capitol stock and convertible securities at market, rather than at cost, and not to exceed seventy percent of the Fund, rather than sixty percent of the assets of the Fund. The Money Managers and the Attorney will be available for the reading at the Commission meeting. 6-20, Section 4, re: Police Officers' and an Resources Director 'rst rlando Sentinel Classifi 9, City Attorney Rosenthal read the title of the ordinance. Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, Mayor Vandergrift closed the Public Hearing. Commissioner Howell. seconded by Commissioner Anderson. moved to adopt on second readinQ. Ordinance 2005-016. amendinQ Ordinance No. 96-20. Section 4 reQardinQ the Police Officers' and FirefiQhters' Retirement Trust Fund. Motion carried 5-0. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2005-016 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF OCOEE MUNICPAL POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT TRUST FUND, ADOPTED AND RESTATED IN FULL BY ORNDINANCE NUMBER 96-20; AS SUBSEQUENTLY AMENDED; IS HEREBY FURTHER AMENDED BY AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. I G. REGULAR AGENDA n the Ci Election, to be e-Member District 1, (City Clerk City Attorney Rosenthal explained the applicable legal procedures for appointing this position, and stated that Commissioner Howell submitted an advance resignation, and continues to serve on the Commission until October 19,2005. He is eligible to vote on this appointment and required by law to vote on any issues that come before the Commission, unless there is a conflict. Once a resignation is made, it is binding and irrevocable. The City Charter requires that the vacancy be filled within 30 days of the vacancy, when it is within six months of the next General Election. The next General Election is March 14, 2005. The Commission is required to fill that vacancy before November 18, 2005. Whoever is appointed to the vacancy will serve until a successor is elected at the next General Election or subsequent run-off election. He advised that a motion to appoint someone should be made subject to confirmation by the City Clerk that the appointee is eligible and willing to serve. Commissioner Howell. seconded by Commissioner Anderson. moved to appoint Gary Hood to fill the vacancy on the City Commission in District 1. for the partial term endinQ at the next General Election on March 14. 2006. subject to confirmation of eliQibility by the City Clerk's Office. Vote was taken after subsequent amendments. Commissioner Parker stated that before there was a vote on that motion, she would like to hear about all of the people who are interested in this position. She said she has been given two resumes. She read the resume of John Grogan. Commissioner Johnson said that Milton West was also interested in the position, and gave a summary of his background and community service. Commissioner Johnson said he would rather not vote until the next meeting when all three candidates could be present and speak to the Commission. Mayor Vandergrift said Matt Garland and Frank Morris were also interested. Commissioner Johnson. seconded by Commissioner Parker. made a motion to table this item until the next Commission MeetinQ on November 1. 2005 when all candidates can speak to the residents. Motion failed 2-3. with Commissioner Anderson. Commissioner Howell. and Mayor VanderQrift opposed. Substitute Motion Amendments: Commissioner Parker. seconded by Commissioner Johnson. moved to substitute the name of John GroQan in place of Gary Hood to fill the vacancy on the City Commission in District 1. for the partial term endinQ at the next General Election on March 14.2006. subject to confirmation of eliQibility by the City Clerk's Office. Motion failed 2-3. with Commissioner Howell. Commissioner Anderson. and Mayor VanderQrift opposed. Commissioner Johnson. seconded by Commissioner Parker. moved to substitute the name of Milton West in place of Gary Hood to fill the vacancy on the City Commission in District 1. for the partial term endinQ at the next General Election on March 14.2006. subject to confirmation of eliQibility by the City Clerk's Office. Motion failed 2-3. with Commissioner Howell. Commissioner Anderson. and Mayor VanderQrift opposed. A vote was taken on the oriQinal motion. Motion carried 5-0. A break was taken. It was determined that Gary Hood would be sworn in tomorrow, October 19, 2005, at City Hall, after the City Clerk confirmed that he was eligible to serve. 8. Annual Concurrency Report (Principal Planner James) Principal Planner James gave a presentation explaining that the state mandates a concurrency management system to assure that development does not cause our levels of service to drop below our adopted level of service in our comprehensive plan for roads, sanitary sewer, public water, solid waste, drainage, and parks and recreation. City Attorney Rosenthal read the title of the resolution. A discussion occurred regarding the appropriate name of Silver Star Road, west of Bluford Avenue. Principal Planner James said he would check with the Renaissance Planning Group to ensure it is correctly named. Mayor Vandergrift asked if we could use this report to get money to expand the roads, and if he knew when Silver Star might be widened from Clarke Road to the 429. Community Development Director Wagner said there is no money funded at this time, and the widening of Silver Star was going to be funded under a congestion management program, but those funds were re-allocated two years ago. Winter Garden has been trying to get it widened through their city through a different state program, but they have not yet been successful. Mr. Wagner said, unfortunately, the new road management bill, if passed, is going to place more of the burden of road infrastructure on the cities. Commissioner Anderson. seconded by Commissioner Johnson. moved to adopt Resolution No. 2005-011. approvinQ the "Infrastructure Capacities and level of Service Inventory for Concurrency ManaQement" for the study period from May 2004 throuQh June 2005 and the associated "Infrastructure Deficiency Map for Roads." Motion carried 5-0. The resolution as adopted carries the following title: RESOLUTION NO. 2005-011 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA RELATING TO INFRASTRUCTURE DEFICIENCIES UNDER THE CONCURRENCY MANAGEMENT SYSTEM; ACCEPTING AN "INFRASTRUCTURE CAPACITIES AND LEVEL OF SERVICE INVENTORY FOR CONCURRENCY MANAGEMENT" REPORT; FINDING THAT THERE ARE INFRASTRUCTURE DEFICIENCIES WITHIN THE CITY; ADOPTING AN "INFRASTRUCTURE DEFICIENCIES MAP FOR ROADS" PROVIDING FOR AN EFFECTIVE DATE. 9. Appointme ) to ittee o oner Allison r Anderson nominated Rosemary Wilsen. Without objection. Commissioner Parker was nominated as Commission liaison and the followinQ residents were appointed by the Commission to the Sexual Predator Local Ordinance Committee. Appointments made to this Board since its inception are as follows: Commissioner Parker nominated Allison Resnick Commissioner Anderson nominated Rosemary Wilsen Commissioner Howell nominated Martha Lopez Anderson Mayor Vandergrift nominated Ryan Colbert Mayor Vandergrift nominated Victory Laney Nancy Parker will serve as the Commission Liaison to this Board. Commissioner Johnson said he would bring names to the City Clerk's Office. Discussion occurred that each Commissioner was going to originally submit four names, but at this time one or two names would be sufficient. The Police Department will provide the staff liaison. Chief Goclon will advise when the first meeting will be held. This is not a permanent committee; they should be able to come up with a recommendation to the Commission in approximately three months. I H. STAFF REPORTS City Manager Frank asked Parks and Recreation Director Petrone to give a brief synopsis of the Founders' Day activities and a financial report would be given at a later date. Parks and Recreation Director Petrone said he was proud to be part of the event and he thanked everyone who supported the event. He also stated he would give a financial report at the next City Commission Meeting. I I. COMMENTS FROM COMMISSIONERS Commissioner Parker - none Commissioner Anderson - Said it was an honor to serve on the Commission with Commissioner Howell. Mayor Vandergrift welcomed Mayor Bruhn from Windermere. He thanked Commissioner Howell for his years of service and said it was a pleasure to serve on the Commission with him. He further stated he knows Commissioner Howell's family is looking forward to spending more time together. Commissioner Howell - said this is his last meeting as a City of Ocoee Commissioner and he has no regrets over the decisions and votes he made as a Commissioner for the City and the citizens. He said he was voted into office in 1997 with a smile on his face and with pride; he is leaving tonight with the same smile and the same pride. He thanked City Staff for their hard work and the Fire Department is second to none; all of the citizens can be proud of the Fire and Police Department. He said Community Development Director Wagner has made the City of Ocoee a beautiful City to live in and thanked the Staff for the respect and help they have shown him, especially Customer Service Supervisor Sills and Executive Assistant Cowan. He said he was glad to see City Manager Frank come to Ocoee, as he will do a good job for the City. He thanked his friends and citizens who have supported him through the years with a special thanks to Ricky Waldrop, Brad Dreasher, and Tony Cristelli. He said a special thanks to his wife, Sandy and his family, who stood behind him and gave him strength when he did not have any strength left. He also apologized to his wife and family for everything they have gone through due to his position as a Commissioner. I ADJOURNMENT The meeting adjourned at 8:50 p.m. Attest: APPROVED: City of Ocoee Mayo ,S,Ne Center of Good Live Commissioners S. Scott Vandergrift E .. Gary Hood,District 1 City Manager -TO .(- Scott Anderson,District 2 /1-- Rusty Johnson,District 3 Robert Frank ,_"""''" ► � Nancy J. Parker,District 4 OATH OF OFFICE I, GARY D. HOOD, do solemnly swear (or affirm) that I will support, protect and defend the Constitution and government of the United States of America and the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty, and allegiance to the same, that I am entitled to hold office under the Constitution; that I will faithfully perform all duties of the office of Commissioner of the City of Ocoee, which I am ab i ' enter, so help me God. Wig" ary D. Hood, Di . - • SWORN and Subscribed before me this 19th day of October, 2005. Ilk ► ANAL Beth Eikenberry, CMC City Clerk City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761 phone: (407)905-3100•fax:(407)656-8504•www.ci.ocoee.fl.us