HomeMy WebLinkAbout09-20-05 Minutes
MINUTES
OCOEE CITY COMMISSION
September 20, 2005 at 6:45 P.M.
I SPECIAL PRESENTATION
Introduction of Hurricane Evacuees from New Orleans - Mayor Vandergrift, Ryan
Colbert and Martha Lopez-Anderson gave an overview of the events from the Ocoee
resident's trip to Mobile, Alabama, through to the current needs of the Hurricane Katrina
evacuees that came back to Ocoee and are temporarily residing at the Best Western Hotel. The
Orange County Schools came to the hotel and all the children have been enrolled in school.
They are now seeking jobs, housing, and household goods to start their new lives. Doris Paige,
one ofthe evacuees from New Orleans, thanked all of the people ofOcoee for their generosity.
Presentation of Proceeds from Lemonade Sales from the Children of Wesmere Subdivision
to the Ocoee Relief Fund. Children of Wesmere Subdivision presented the Mayor with cash,
checks, and rolled coins totaling $1105.50. The Relief Fund now totals $4,745.75
REGULAR CITY COMMISSION MEETING
I A. CALL TO ORDER
Mayor Pro Tern Anderson called the regular session to order at 7:35 p.m. in the Commission
Chambers of City Hall. Commissioner Parker gave the Invocation and Cub Scout Pack #217
led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and determined a
quorum was present.
Roll Call: Mayor Vandergrift (arrived at 8:30 p.m.), 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
Presentation - Human RelationslDiversity Board (HRDB) to Present Their Strategic Plan,
Logo, Brochure, and Flyer for Sunday Founder's Day Activities - Chairperson Lopez-
Anderson. (Mayor Vandergrift)
Martha Lopez-Anderson distributed flyers with the HRDB's newly designed LOGO and Board
Summary, their strategic plan, and their schedule of events for Founder's Day on Sunday,
October 16, 2005. She asked for the City's approval to use the new logo on future printed
media. Mayor Pro Tern Anderson said he thought the City should reimburse Martha for her
expenses. City Manager Frank said that we do not have line items for individual boards, but
we can reimburse Boards for specific expenses with prior approval. Mayor Pro Tern Anderson
also asked City Attorney Rosenthal to look into whether City Boards could become 501-C3
Non-profit organizations. Ms. Lopez-Anderson said she has run into difficulties trying to
obtain grant money without that status. City Attorney Rosenthal will research it and get it bring
it back at the next meeting. Ms. Lopez-Anderson will bring back figures as to the cost of
creating/printing the Board flyers. Consensus of the Commission to put the HRDB's
fivers and Founder's Dav schedule one the website.
City Commission Regular Meeting
September 20, 2005
I Emergency Item
Mayor Pro Tern Anderson declared this an emergency item.
City Attorney Rosenthal said the BP Twistee Treat approvals, are scheduled to expire on
September 30, 2005, and they are requesting an extension. Scott Glass, representing BP Global
Alliance, said the budget required for this is outside of their normal business model, due to
relocation of the Twistee Treat, and sewer system issues. He requested a 30-day or 60-day
extension.
Commissioner Howell, seconded bv Commissioner Parker, moved to approve a
60-davextension. Motion carried 4-0, with Mavor VanderQrift awav from the dais.
I C. COMMENTS FROM CITIZENS/PUBLIC
James Fleming, 511 Orange Avenue, said he has made a request in the past and would like the
City to still consider naming a section of Washington Street (Bluford to Lakewood) or the new
road (Montgomery to Blackwood) to "Griffin Lane". He said J. Ben Griffin was a WWII
Veteran, Korean War Veteran, a State Representative, and a leader of the community in the
1950's. He was born in Ocoee and died here. Commissioner Anderson suggested we look into
changing Montgomery Road to Griffin Road in the area north of Orlando Avenue. Consensus
of the Commission, without obiection, was to have staff look into that road, and
other roads, parks, and buildinQs to see if there is somethinQ cominQ up that the
Commission can consider naminQ after Mr. Griffin.
I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Parker reminded everyone to come out for this year's extended Founder's Day
event on October 14, 15, and 16, 2005. She said on Friday night Gary Lewis and the Playboys
will be the featured act and she displayed their albums from the 60's. The headliner Saturday
will be country singer Sawyer Brown, and on Sunday there will be gospel music and Motown
oldies by Klassique. There is something for everyone, food, crafts, rides, a classic car show, and
much more.
Commissioner Johnson said on Friday October 1, 2005, the annual Founder's Day golf
Tournament will be held, beginning with registration at 11 :30. Dinner, prizes and give-aways
will follow the event. Call David Wheeler for information at 407-905-3100 Ext.9-1504.
Commissioner Howell thanked the employees of the Waste Water Utility Plant, who raised
$800 last week for the hurricane relief program.
Commissioner Anderson- said there is a very important meeting of the Wekiva River Basin
Commission on September 22, 2005, at 1:30 - 5:00 p.m., at the Embassy Suites Hotel in
Altamonte Springs. Information is on our website. Residents who have septic tanks should be
heard because there may by mandatory upgrades that could cost up to $13,000.
Cub Scout Leader David Blasik introduced members of Cub Scout Pack #217 that were at the
meeting in order to earn their "Citizenship" merit badge.
Page 2 of9
City Commission Regular Meeting
September 20, 2005
I E. CONSENT AGENDA
Approv
August
cceptance
, 2005. (City Cler
the Minutes of the Budget Workshops of August 10th and
ikenberry)
2. Reappointments of Four (4) Membe.rs to Parks and Recreation Advis oard.(City
ClerkJj]ikenberty)
The Parks and Recreation Advisory Board was created by Ordinance No. 908 on September 2, 1986. Its purpose is
to advise the Mayor, the City Commission, City Manager, and Parks and Recreation Director on the operation of the
city's parks, recreational facilities and programs. The two-year terms of Bradley Campbell (attended 10 out of 14
meetings), Joseph "Jay" Hembree (attended 7 out of 14 meetings), Robert McKey (attended 12 out of 14 meetings),
Thomas Werts (attended 8 out of 14 meetings), and Rosemary Wilsen (attended 7 out 11 of meetings) ends October
1,2005. They have indicated they are willing to serve another term, if reappointed.
3. Appointlllent(s)to thePersollnelBoard. (CityClerkEikenberry)
The Personnel Board shall consist of five members appointed by the City Commission for terms of three years. The
membership shall consist of at least one (1) employee, one (1) City Commissioner, one (1) person who holds a
management position with the City, and one (1) citizen of Ocoee who is not employed by and does not hold office
with the City. All members of the Personnel Board must be qualified electors of the City. Any City employee, City
Commissioner, or person holding a management position with the City who is appointed to the Personnel Board in
order to remain a member of such Board. The Personnel Board has not met several years. The terms of the Board
expired in March 2005. At this time, the Personnel Rules and Regulations are being revised, and it is necessary to
reestablish this Board to assist in reviewing the proposed revisions and to make recommendations to the
Commission.
oval to. Expend .an eiture Funds/to Law EllforcelIlentRelated
Charities.. . (P()lice oclon)
Per Florida State Statutes 932.7055 "...any local law enforcement agency that acquires at least $15,000 pursuant to
the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15 percent of such
proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime
prevention, safe neighborhood, or school resource officer program(s).
5. ApproyalofPolice Tas.erPurchase.(Police ChiefGoclon)
Tasers have been proven to reduce officer and resistant subject injuries during confrontations that turn physical or
which have the propensity to turn physical. The Ocoee Police Department wishes to supply all of its officers with
Tasers to help protect themselves and others during such incidents. The Tasers and related equipment would be
purchased out of police forfeiture funds. The department currently has 25 X-26 Tasers, not enough to issue one to
each officer.
6. .A.PP ovalofPlat forQcoeeComlIl (City Ellgine.er .Wheeler)
Phi ern was pulled.fr()rntheC()nsent to beconsid dsepdrately
Approval of Change Order No.4 on the Ocoee Crown Point PUD with Mastersite Development. (City Engineer
Wheeler)
The Engineering Department requests that the City Commission approve Change Order no. 4 with Master Site
Development, Inc. on the Ocoee Crown Point PUD Phase 1 Infrastructure Project for the close out of the project as
originally designed. The change order results in an increase of $142,505.00, with an increase in contract time of
thirty calendar days.
7. Appr I andA.uthorizatiortfor theo.coeeCrown PoinfPUD Phase Ib . Infrastructure
Pro .tyEngineerWheeler)
The Engineering Department requests that the Mayor and City Commission approve the overall project and in so
doing approve Change Order no. 5 with Master Site Development, Inc. for the constructed improvements, the
Second Amendment to Interlocal Agreement Regarding Coca-Cola Property, and the Amendment to the VHB, Inc.
Agreement for construction administration services related to this project. The total cost of the Phase 1 b
Infrastructure Project is $1,122,260.00 and will be funded in part from Ocoee and OCPS, based upon a 60-40 split,
respectively.
Page 3 of9
City Commission Regular Meeting
September 20, 2005
Hydrilla Treatment for Lake
m was pulled from the Consent Agenda
ctor Zaitooni)
Commissioner Anderson asked to pull Items 6 and 9 from the Consent Agenda for discussion.
Commissioner Howell, seconded bv Commissioner Parker, moved to pull Items
#6 and #9 from the Consent AQenda. Motion carried 4-0, with Mavor VanderQrift
awav from the dais.
Consent Aael1c:iaVote:
Commissioner Parker, seconded bv Commissioner Howell, moved to approve
Consent AQenda, Items #1,2,3,4,5,7,and 8, as presented. Motion carried 4-0, with
Mavor VanderQrift awav from the dais.
6. Approval of Plat>forOcoee Commons PUDLotDlRe-Plat. (CityEngilleer
Wheeler) Pulred.from the Consent Agenda to behedrdseparately.
Ocoee Commons PUD is located at the northeast comer of Colonial Drive (State Road 50) and Blackwood Avenue.
This re-plat is for Ocoee Commons PUD Lot Dl, which consists of 3.793 acres of commercial development. The
applicant is requesting to split Lot D 1 into 2 lots, Lot 1 and Lot 2 as shown on the attached plat. All required
documentation pertaining to the re-platting of this lot has been reviewed and approved by City staff.
Commissioner Anderson said he pulled this item from Consent to have the developer explain
why it appears we may not be getting a restaurant, as they previously advised.
Mr. Fagen, Managing Member of Ocoee Commons and Developer of the Shoppes of Ocoee,
said they have been in contact with many high quality restaurants and currently have submitted
legal leases to three restaurants (Panera Bread, Chipotle, and Camilla's). They have not been
able to get a commitment yet. He promised to give a 200% effort to continue trying to locate a
restaurant for that site. The reason for the split, or re-plat, is to accommodate the Central Florida
Cardiology Center, who has contracted with them to purchase the north part of the site. Mr.
Fagen said if the City has any contacts regarding restaurants, he would be happy to meet with
anyone who might be interested in the site.
Mayor Vandergrift joined the meeting at 8:30 p.m.
Commissioner Howell, seconded bv Commissioner Parker, moved to approve the
Plat for Ocoee Commons PUO Lot 01 Re-plat, per staff recommendations.
Motion carried 5-0.
9. Approval of Hydrilla Treatment for LakeOlYll1pia. (publiWorks.Director
Zaitooni) PullecifrorntheConsentAgenda to be#eardsepa
An aquatic plant analysis for Lake Olympia conducted by the University of Florida revealed that Hydrilla was
present at 70% of the stations where data was collected. This is considered to be at aggressive level requiring
treatment. Based on this information, staff has contacted State Department of Environmental Protection for a permit
to treat Lake Olympia with Sonar (Fluridone) at a rate of 18 oz per acre for Hydrilla. City will piggyback Orange
County's Term Contract Y5-106-NW with Aquatic Weed Control, Inc. for this treatment. The cost of the treatment
is $19,894.00 to be funded from the General Fund Contingency.
Page 4 of9
City Commission Regular Meeting
September 20, 2005
Commissioner Anderson said he pulled this item to discuss why the City has no public access
to this property. Public Works Director Zaitooni said there is no public access at this time, and
if the Commission desires, it can be done in the future because there are some undeveloped
properties that can be developed. The issue now is to treat the hydrilla and prevent it from
spreading into Starke Lake and Prima Vista. He said this is an aquatic herbicide; we will get a
permit from DEP, notify property owners, and then apply it over a 10-day period. Property
owners will be given notice not to consume fish from the lake for an additional 14 days after the
treatment is complete.
Commissioner Anderson, seconded bv Mavor VanderQrift, moved to approve
Hvdrilla Treatment for Lake Olvmpia, per staff recommendations. Motion carried
3-0, with Commissioner Johnson and Commissioner Howell awav from the dais.
PUBLIC HEARINGS
10. Special Exception.for Advertised in Orlando
SentinelClassijiedonSeptember 8, 20 nio
The applicant has proposed a telecommunications facility on a 10,000 square feet lot adjacent to the Ocoee
Shopping Center parking lot. The telecommunications facility will be utilizing a 165 feet high monopole with a 5
feet high lighting rod. The applicant is also proposing flush-mounted antennas, which are less intrusive than
conventional antennas, and has proposed a limit of 24 mounted antennas.
Senior Planner Fabre gave a report on the telecommunications facility being proposed, and said
staff recommends approval of the telecommunications service facility utilizing a monopole
tower.
Mike Burkead of ComSoEast, and Tim O'Shaugnassey of TB Com Properties answered
technical questions regarding the 165' tower height, the 105 mph wind capacity, visibility
aspects, non-interference with television reception, and multiple use capabilities which would
improve service on cell phones.
Mayor Vandergrift opened the Public Hearing.
R.P. Monacky, 1820 Prairie Lake Blvd., expressed his concerns for the low visibility of the
tower. He would like the City to look into placing a flag at the top of the tower.
J ames Fleming, 511 Orange Avenue, said he is in favor of putting up the tower.
Mayor Vandergrift closed the Public Hearing.
Commissioner Johnson, seconded bv Commissioner Anderson, moved to
approve the telecommunications service facilitv utilizinQ a monopole tower.
Motion carried 4-0, with Commissioner Howell awav from the dais.
Page 5 of9
City Commission Regular Meeting
September 20, 2005
REGULAR AGENDA
AlIlelldlIlenttoCity ManagerElIlploYIllent Agre Ex.tending Terlll Thereof.
AttorneY...llosenthal)
The City entered into an Employment Agreement with Robert D. Frank dated June 21, 2004. The term of the
agreement is scheduled to expire on September 30, 2005. At a Workshop Meeting held on September 7, 2005, the
City Commission provided direction to the City Attorney regarding a proposed amendment to the Agreement which
would extend the term of 2 years, increase the base salary and vehicle allowance, and waive the requirement for Mr.
Frank to reside in the City during the term of the Agreement.
Commissioner Parker, seconded bv Commissioner Johnson, moved to approve
the first amendment to the Citv ManaQer Emplovment AQreement, extendinQ the
term of 2 vears, increasinQ the base salary and vehicle allowance, and waivinQ
the reauirement for Mr. Frank to reside in the Citv durinQ the term of the
AQreement. Motion carried 5-0.
12. iscusslonon SanitatiOnCurbside/& COlllmel"cialCont ts and Futlll"eDirection.
blic Works Director Zaitooni)
City's Commercial & Multi-Family Contract and the Residential Yard & Bulky Waste Contract will expire in
August 2006. City will have the option of extending the Contracts for another two (2) years or negotiate a limited
term service with the current hauler. Additionally, the current residential garbage and recycling hauler, Waste
Services of Florida, Inc. (WSI) has indicated the desire to be released from their contract with the City due to the
restricted terms of the contract and City's dissatisfaction with their performance. The mutual termination will be
negotiated to include interim service until such time that a permanent solution is in place. Preliminary analysis by
staff has determined that it is in the best interest of the City to negotiate a mutual separation with WSI and seek a
solution, which will encompass all sanitation services. Primary options to consider include (1) phased-in in-house
operations, and (2) an RFP process for a re-packaged sanitation service by a private hauler. Staff requests direction
from City Commission regarding the available options. The City can also choose to require WSI to perform the
work per Contract.
Commissioner Johnson wants to have Public Works Director Zaitooni look into costs of going
back to an "in-house" department of sanitation.
City Attorney Rosenthal said there are various ways to approach a contractor who is in non-
compliance with their contract 1) work with them on a cooperative basis until the City decides
where to go next, possibly bringing it back in-house. There would be a mutual termination of the
agreement with no litigation, 2) Strict enforcement of the contract, and going after them for
damages, attempting to go after the bond, etc. They could contest this and cause lengthy
litigation. 3) Look for something between the two and negotiate with the hauler.
Public Works Director Zaitooni said staff is recommending the first approach; to work with the
hauler in the interim to ensure that our service remains in place, until we are able to bring service
back in to the City. The hauler expressed that they want to get out of the contract, so there is
now mutual interest from both parties to work it out amicably.
Consensus of the Commission was to have staff produce a report with
recommendations on how we should handle this issue, and the associated costs.
Page 6 of9
City Commission Regular Meeting
September 20, 2005
City Manager Frank said once the information and figures are obtained, the Commission
should consider a workshop to discuss this at length. Waste Services of Florida should also
attend the workshop.
13. DiscussionRe: West Orange Chamber Discover Advertisement. (Multi~
Media/Community Events Manager Elliott)
The West Orange Chamber is preparing its 2006 Community Profile and Membership Directory. The ad rates are as
follows: 1/8 page = $695, 1/4 page = $1098, 1/2 page = $1895, and a full page = $2995. All advertisements are
full color. The cost of all ads includes a direct hyperlink to the City's web site on the West Orange Chamber's
community profile network. The Chamber prints 5,000 copies. Traditionally the city has reserved a Yz page, full
color advertisement in the magazine.
Mavor VanderQrift seconded bv Commissioner Anderson, moved to approve the
% paQe, full-color advertisement in an amount not to exceed $1895, to be taken
from the Commission ContinQencv Fund. Motion carried 5-0.
14. st Orange/SoUth Lake Task Force Dues.(Mlllti~
ia/Comm.unity Events Manage liott)
The City of Ocoee will be hosting the organizations annual update meeting on October 6, 2005, at 10 a.m. in the
City Commission Chambers. Attendees include the County Mayor, Commissioners and the Department of
Transportation's District Secretary, and many State Representatives. However, we have not paid our yearly 2005
municipal dues yet due to a perceived limited benefit associated with the continuation of membership. The Task
Force has been an integral factor in the widening project along State Road 50, in which of course the City will
benefit.
Commissioner Johnson, seconded bv Mavor VanderQrift, moved to authorize
pavment of 2005 Municipal Dues in the amount of $5,000 from General Fund
ContinQencv. Motion carried 5-0.
Without obiection, the consensus of the Commission was to continue this item to
the Commission MeetinQ on October 4, 2005 with reQard to the 2006 Dues, and
have a member of the Task Force speak before the Commission to Qive an
accountinQ of their expenditures.
15. Discussion Re.:WeslOrangeChalIlberof Commerce. B()ard Appointment. (Mayor
Vandergrift)
Commissioner Howell, seconded bv Commissioner Parker, moved to appoint
Commissioner Johnson to the West OranQe Chamber of Commerce Board.
Motion carried 5-0.
16. Discussion on Hurricane Katrina Relief Efforts. (Commissioner Anderson)
Commissioner Anderson said he spoke with Public Works Director Zaitooni to get costs at
repairing the city-owned house at 210 North Bluford Avenue, in order to use it for relocation of
some of the evacuees of Hurricane Katrina. Public Works Director Zaitooni submitted an
estimate of $4,900 to make the necessary repairs. Commissioner Anderson asked for
Commission input.
Page 7 of9
City Commission Regular Meeting
September 20, 2005
Commissioner Johnson said we have people in our City in need, and we have not offered them
housing. He thinks everyone should continue their efforts to assist the hurricane victims, both
privately and at their jobs, but the City should not use taxpayer's money to provide housing.
Public Works Director Zaitooni asked that they please remember that we purchased this
property to be a retention pond, and it may become difficult to get them out.
Commissioner Parker said we need to continue doing all the things we are doing as a
community to raise funds, but the City should not get involved in providing housing.
Mayor Vandergrift said there is a difference between the poor people here and those who were
forced from New Orleans because they lost everything in the hurricane. They are searching for
temporary housing until they can get on their feet.
The consensus of the Commission was that everyone should stav involved in
assistinQ and fund raisinQ as part of the communitv, but as a Citv, we should not
provide citv-owned propertv for housinQ.
STAFF REPORTS
Community Events Manager Elliott asked if the Commission would approve the MVP Grant
disbursement of $2500 to the Christian Service Center; they were approved in 2005, but because
of code requirements, were not able to get the project done. They have now located a company
that can do it for less, and want to move forward. They will be using the money to repair a fence.
Mavor VanderQrift, seconded bv Commissioner Johnson, moved to authorize
pavment of the $2500 MVP Qrant to the Christian Service Center. Motion carried
5-0.
Community Events Manager Elliott said 1) she is still working on the Bill Breeze dedication,
and will be in contact with Commissioner Johnson about it, 2) the Founder's Day information
was placed on OGTV, and a new corrected flyer has been circulated, 3) the Sexual Predator's
Committee is being handled by the Police Department, 4) the flyers are ready to go into the
Pioneer Key II neighborhood regarding upcoming road repair, and 5) the staff feels that it would
be better to have a separate event for the Volunteer Appreciation Dinner, other than including
them in Founder's Day. Consensus of the Commission was for staff to come up with
a better plan.
COMMENTS FROM COMMISSIONERS
Commissioner Parker - appointed Allison Resnick to the Sexual Predators Task Force.
Commissioners will bring back more names at the next meeting.
Commissioner Johnson- 1) asked the City Manager to write a letter to Kay of West Oaks Mall
in an attempt to find out why they are not participating in this year's Founder's Day Golf
Tournament, 2) asked for a proclamation for Alan Badger, a former High School Teacher,
Concensus of the Commission. without obiection, was to do a Proclamation for Mr.
BadQer, 3) asked if we can look into hiring someone to promote the City to solicit restaurants
and other desirable businesses to move into our City. City Manager Frank said he would look
Page 8 of9
City Commission Regular Meeting
September 20, 2005
into that, and 4) said VIP Tickets for Founder's day are on sale at the Beech Center, they are $20
for all three days.
Commissioner Anderson - reminded everyone of the meeting on the Wekiva Study at Embassy
Suites on September 22,2005.
Commissioner Howell asked Public Works Director Zaitooni to look at the repairs on Adair
Road.
Commissioner Anderson- said he still had Hurricane Relief t-shirts for sale for $10. Shirts can
be purchased by calling Mike Miller at 407-877-3019.
Mayor Vandergrift- 1) said it is Homecoming week at Ocoee High School, and they will be
crowning their first Homecoming Queen, 2) said ongoing efforts are still being made for the
evacuees of Hurricane Katrina who came to our City, interested parties can go the Best Western
Hotel any evening at around 6:30 -7:00 p.m. and find volunteers and families from New Orleans
in the courtyard, and 3) reminded everyone of the Winter Garden event at Moon Cricket on
October 1, 2005 to raise money for Hurricane victims.
I ADJOURNMENT
The meeting adjourned at 9:15 p.m.
Attest:
APPROVED:
City of Ocoee
w..
Beth Eikenberry, CMC
City Clerk
ctr d"
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