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