Loading...
HomeMy WebLinkAbout09-06-05 Minutes MINUTES OCOEE CITY COMMISSION September 6, 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. Commissioner Parker gave the Invocation and Commissioner Johnson, led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and determined a quorum was present. Roll Call: Mayor Vandergrift, Commissioner Anderson, Commissioner Johnson, and Commissioner Parker. Absent: Commissioner Howell Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry. I B. PRESENTATIONS AND PROCLAMATIONS Proclamation - United States Constitution Week - September 17th_23rd. (Mayor Vandergrift) Presentation Regarding Boat Races on Starke Lake - American Power Boat Association Paul Hooten, of the American Power Boat Association (APBA), said that they would like to continue the tradition of the boat races on Starke Lake, the next event would be October 29 & 30, 2005, and the hours would be adjusted according to the City's needs. The event will be insured in accordance with the City's requirements. Commissioner Johnson said he would like to see the APBA cover the City's costs for police and other personnel for this event. Mr. Hooten said this is a non-profit event, and he does not think the APBA will be able to cover any additional costs. He advised there will be approximately 80 boats and they pay $35.00 or less to participate. Consensus of the Commission was to form a committee (Citv ManaQer Frank, Commissioner Anderson, and Customer Service Supervisor Sills), and have them determine the costs that the City incurs durinQ these events. I C. COMMENTS FROM CITIZENS/PUBLIC R.P. Monacky, 1820 Prairie Lake Blvd., stated his concerns about the aftermath of Hurricane Katrina and how things were being handled. Nadia Bonaparte, 44 Coral Key Drive, - spoke on behalf of herself and other residents (who spoke only Spanish) about the road conditions at the trailer park at Pioneer Key II on Palm Drive. Public Works Director Zaitooni said the work on the 2.6 million dollar drainage project has begun; the Design Concept was approved by the Commission, and the project will be going out to bid soon. We also received $400,000 for the roadway and drainage from the CDBG grant. This project will address all of the current issues. They will start the milling process in a few weeks, and will be making other temporary improvements by removing concrete, and patching some of the holes. City Commission Regular Meeting September 6, 2005 J ames Fleming, 511 Orange Avenue, said we need to repair the roads at Pioneer Key II as quickly as possible. Tom Hendrix, 608 Bay Street, asked the Commission about naming something in the City as a tribute to Bill Breeze. There was discussion about naming the gazebo. City Manager Frank said he would like to make the area between City Hall and the McGuire House into a park, where we could enforce specific hours, and name it after Bill Breeze. Commissioner Johnson, seconded by Mayor VanderQrift moved to approve the creation of a park alonQ Starke lake between City Hall and the McGuire House and name it after Bill Breeze. Motion carried 4-0, with Commissioner Howell absent. The consensus of the Commission was to have the City ManaQer work out the details and brinQ back the official naminQ of the park in the form of a resolution. I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker- 1) distributed packets and DVD's from the Florida League of Cities Conference regarding the street sweepers that Public Works will be purchasing in the next budget year, and 2) said the article Orlando Homebuyer's Magazine for the City of Ocoee is not done well. It is outdated and incorrect and paints a poor picture of Ocoee. She said she would like to work on getting some good Public Relations in that magazine and others such as the Orlando Sentinel Real Estate section. The Sunday paper features Ocoee and Pine Hills as one area, which brings our median home price down and makes it appear that we do not have a separate identity. Mayor Vandergrift agreed that the staff needs to step up the PR for the City. Consensus of the Commission was to have staff look into QettinQ the correct information out to Orlando Sentinel and other publications that are puttinQ out incorrect information. City Manager Frank said he would take care of that. Commissioner Johnson, reminded everyone that Founder's Day is coming up on Oct. 15-16, and on Friday, October 7, 2005 at 12:30 the Founder's Day Golf Tournament will be held. He advised them to contact David Wheeler at City Hall for those interested in participating or purchasing a Hole Sponsorship. There was discussion that the Founder's Day event will sell three-day tickets for $20.00, instead of $15.00 per day. That is for the reserve seating for the concert, the event is still free to the public. Commissioner Johnson also said there will be the annual Poker Run. Featured entertainment will be Sawyer Brown, Craig Morgan, Gary Lewis and the Playboys, and Sunday Gospel Music. Commissioner Anderson- showed the Public t-shirts that are for sale for $10.00 each to raise money for the Hurricane Katrina victims. He said next Monday they will be taking a caravan to the areas in need. Mayor Vandergrift I) read the letter that the City Manager wrote to Bureau Chief Briggs, Bureau of Onsite Septic Tanks, in opposition to the action being taken by the state, and outlining the concerns of the City, and 2) said a caravan of Ocoee residents went to Mobile, Alabama to assist victims of Hurricane Katrina. He said there are about 18 residents of the impacted areas who will be coming to Central Florida. Arrangements have been made for them to stay at the Best Western Hotel for a few days, but we are looking for shelter for them. Anyone wishing to volunteer, should contact him at Mayorscott@cfl.rr.com or call City Hall. Page 2 of9 City Commission Regular Meeting September 6, 2005 Commissioner Johnson read an email from Martha Lopez Anderson, Chair of the Human Relations Diversity Board, saying the information on Founder's Day Event in the "News to You" was incorrect regarding Sunday activities. She asked the Commission to advise the residents that the Sunday event will take place on October 16,2005, from 1:00 - 5:00 p.m., on the shores of Starke Lake. It will be an afternoon of music and fellowship, for the entire family. Consensus of the Commission was to put all of the Founder's Day information on the website and OGTV. I E. CONSENT AGENDA 1. Approval and Acceptance of the Regular City Commission Minutes of August 16, 2005, and Visioning Workshop of July 28, 2005. (City Clerk Eikenberry) Appoilltlllel1ttoCl Council for OcoeeFireDep [Eikenberry) The Citizen Advisory Council for Ocoee Fire Department (CACOFD) was created and adopted by Resolution No. 2003-20 on September 16,2003. The Resolution provides that CACOFD membership shall consist of no less than 15 members and no more than 25 members. Members must be legal residents of the City or owners of real property or businesses in Ocoee. There are currently twelve (12) members serving on the CACOFD and the board is meeting with less than 15 members with Commission's approval. One (1) application was recently submitted for the CACOFD; therefore, staff recommends the Honorable Mayor and City Commission consider appointing Frances McEachern to the CACOFD with term ending November 2008. 3. Approval of ComlllllIlic' etwork Connections for Human Resources Department. (Public Works Zaitooni) As a part of the plan to relocate the Human Resources Department to Community Center to relieve over- crowding at the City hall, the Information Systems (IS) Department has obtained a quote from CompServ to install the required communication/network connection. The total cost is $2,500 to be funded from the General Fund Contingency. 4. .A.ppl'ovalofSettlement AgreelllelItwithJilllGleason. (City Attorney RoseIlthal) Jim Gleason brought a lawsuit against the City in connection with his termination as City Manager. Court ordered mediation was held on August 17, 2005. This resulted in a settlement, which is recommended for approval by the City Manager and City Attorney. 5. Approval to Award Professional Engineeri Hydrol()gi City of Ocoee's Consump Use Pel'lllitRenewal hSt.Jobns Managemel1tDistrict. (Purchasing Agent .Tolbert) he City's Consumptive Use Permit with St. Johns River Water Management District expires December 2006. In compliance with State Statute Section 287.055 and policies and procedures of the City ofOcoee Purchasing Code Chapter 21, a Request for Qualifications (RFQ) was advertised with the intent to award a contract to one (1) qualified engineering-hydrological firm, team and/or individual to perform the required services. The firm selected by the City will provide the needed services so as to assist the City in obtaining its' renewal of the c.u.P. from the SJRWMD before the current permit expires December 2006. 6. Approval to Award Bid 5-09-RConstructioIl Services. for Pre..EngineeredPublic Works Bulldings. .(Purch gAgent Tolbert) The scope of work includes services for construction of the pre-engineered Ocoee Public Works Buildings. This is a "turn key" contract to furnish, construct and/or install, and make operational, the specified buildings for the Public Works Department at 301 Maguire Road, Ocoee, Florida 34761. .valforRejectionofBid#B05-11,Seventh Avenue Construction. (Purchasing Tolbert) The City intended to award a contract for the construction of Seventh Avenue. The budgeted amount is approximately $350,000.00. The bids were reviewed by the Public Works and Finance Departments. Per Page 3 of9 City Commission Regular Meeting September 6, 2005 Bob Zaitooni, Public Works Director, staff recommends rejecting all bids, as the lowest bid is approximately 53% ($186,000) over the budgeted amount. Staff is pursuing several other less costly alternatives for the construction of this project in accordance with our current Developer's Agreement. Approval to Award Bid #B0544 Sign Printel'/CuttingiPlotter. (Purchasing Agent Tolbert) The specifications are for the purchase of a high-speed inkjet printing/cutting plotter to be completely compatible with the existing sign fabrication software using FLEXIEXPERT 7.5N3. The budget includes $16,000 for this item. This item was continued from the July 19, 2005 City Commission agenda. 9. Approval of Emergency Me' rv' ocal.A.greelllcntBef\Veen Ol'ange County fll1d the City of Ocoee. (Ir ief Irs In order to improve and expand the City of Ocoee's pre-hospital Emergency Medical Services the Fire Department requested and was awarded a 100% non-matching grant from Orange County EMS for the purchase of 16 Automatic External Defibrillators (AEDs) to be distributed to City Facilities and Police vehicles. The subject Interlocal agreement must be executed in order to complete the award process. Commissioner Anderson raised concerns about not being advised about decisions regarding the Community Center (Item #3). City Manager Frank advised that a detailed email was sent to all elected officials informing them of the plans for the center. Weare at a critical point here at City Hall in need of space for the staff that is here 40 hours per week. We plan to keep as much space open for the seniors to meet, and the activity center portion will remain open. He said Glad Tidings will soon be open and there will be more space once the new police department is built. Mayor Vandergrift said Commissioner Howell also wanted this pulled off the agenda. The Mayor asked that Commissioner Anderson vote for this on a temporary basis to resolve the overcrowding of employees in City Hall, with a caveat that he bring it back in the future if he is not satisfied with the way things are progressing. He and Commissioner Howell can address their concerns at the next meeting and have the vote reconsidered, if they have not been satisfied after speaking with the City Manager. Consel1tAilehda Vote: Commissioner Parker, seconded by Commissioner Johnson moved to approve Consent AQenda, Items #1 throuQh #9, as presented. Motion carried 4-0, with Commissioner Howell absent. I F. PUBLIC HEARINGS ORDINANCE SECOND READINGS . .ancc..Alllending Chapter 21 Purc (AdvertisedinOrlando.S'entinel on August 21, 2005). (.Plll'chasillg Agent Staff recognizes that enhancements and revisions to the existing purchasing ordinance are periodically necessary to streamline the procurement of commodities and contractual services for the City. The recommended changes address these issues and the increase in cost of items. The major revisions contained in this ordinance are: 1) the approval levels for purchases have been increased for department directors and the City Manager, 2) the number of quotes for each level has been revised, 3) amends definitions, 4) amends exemptions, and 5) clarifies some procedures. Procedures have been reviewed and will be updated to reflect the changes in this ordinance once adopted. City Attorney Rosenthal read the title of the ordinance. Purchasing Agent Tolbert gave a summary of proposed revisions to the Purchasing Code. Page 4 of9 City Commission Regular Meeting September 6, 2005 Mayor Pro Tem Anderson opened the Public Hearing. J ames Fleming, 511 Orange A venue, said he read the draft and feels the amount needed to determine whether or not a project should go out to bid is too low. He said City Manger Frank controls a $40 million dollar budget and should be able to handle jobs under $30,000 - $40,000. Purchasing Agent Tolbert said at this time the amount is still $15,000 for bidding projects, but there is a proposed change stating that the City Manager would be able to approve the bids between $15,000 and $25,000. Mr. Monacky, 1820 Prairie Lake Blvd., asked for clarification on the new procedures, to which Purchasing Agent Tolbert explained the three levels proposed for obtaining bids and quotes. Commissioner Johnson, seconded by Commissioner Parker moved to continue the second readinQ and public hearinQ of this ordinance until October 4, 2005, at 7:15 p.m. or as soon thereafter as may be heard, to allow the chanQes to the "PurchasinQ Policy" to be reviewed by all department heads and pertinent staff. Motion carried 3-0, with Commissioner Howell absent and Mayor VanderQrift away from the dais. Mayor Pro Tem Anderson closed the Public Hearing. City Attorney Rosenthal reminded that because this was continued to a date certain, there is no need for further advertisement. Break 7:25 -7:40 p.m. I G. REGULAR AGENDA 11. Approval of Lal'ge Scale FillaFSitePlal1 fOI'.PlantationGrove P Lot 2. (Plannil1gMallager ArmstroIlg) The Plantation Grove commercial subdivision is located on the northeast corner of Maguire Road and Moore Road, with Phase 3, Lot 2 being located directly south of the Publix Shopping Center, east of the Hess gas station. The subject property comprises a single lot totaling 7.94 acres, is zoned Commercial Planned Unit Development (PUD) and designated as Commercial on the Future Land Use Map (FLUM). Staff has determined that the proposal is consistent with the approved PUD plan, the Preliminary Subdivision Plan, and the Final Subdivision Plan for Plantation Grove. Conditions of Approval affecting this portion of the site in the original PUD have been incorporated into the plans. Commissioner Johnson, seconded by Commissioner Parker, moved to approve the larQe Scale Final Site Plan for Plantation Grove Phase 3, lot 2, per staff recommendations. Vote was taken after subseauent amendment. Commissioner Anderson expressed his concern that there should be a variety of places in the general business area, that the proposed common area or "open space" would not become part of any of the businesses, and that the proposed "high quality restaurant" should be defined. Commissioner Johnson said that Ocoee Commons promised "high quality restaurants" and we have not seen one yet. Commissioner Parker agreed that she is tired of having developers promise something and not deliver, but she is concerned the space would sit empty if they could not find the right restaurant to come in. She is not sure of the correct way to make that a condition of the approval. Page 5 of9 City Commission Regular Meeting September 6, 2005 City Attorney Rosenthal pointed out that the site plan being considered tonight says "restaurant," there is no reference to any particular type of restaurant. Tim King, Developer, Uniform Development, 7505 West Sand Lake Road, Orlando said there are no plans to put a fast food restaurant there. They are looking atrestaurants such as Bonefish, Stonewood Grill, Outback, etc., and expect to be successful at getting one of them. City Attorney Rosenthal said it is zoned PUD, but the plan before the Commission tonight is not a PUD land use plan, it is a Large Scale Final Site Plan, which is located within a PUD, so they are not in a position tonight to amend or revise any of the conditions of the PUD. They would not have to come back to the Commission for any of the three proposed uses (restaurant, retail, or day care), it would be approved through staff as a Small Scale Site Plan. Dan Armstrong, Abbot Engineering, said the parcel would not be subdivided in any way. Even though it is being divided, part of the conditions was not to have any separate lots. Commissioner Anderson, seconded by Commissioner Johnson moved to amend the motion to include the condition that the open space park area adiacent to the 8,000 square foot restaurantlretail/daycare site be left as common area and not incorporated into the use of that particular site. Motion carried 4-0, with Commissioner Howell absent. James Fleming, 511 Orange Avenue, said, "You can't take the man's land and make it a park". Mayor Vandergrift advised it was already proposed as a park, the City is not changing that. Vote was taken on the oriQinal motion, as amended. Motion carried 4-0, with Commissioner Howell absent. 12. Appointment of Alternate Member to Code Enforcemel1t Board. (CityClerk Eikenberry) The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board is to review infractions of the City Codes, negotiate compliance and impose fines for failure to comply. The board consists of seven (7) regular members and two (2) alternate members. At this time, there is one (l) opening for an alternate member to serve a three-year term. Applicants, James Morton (District 2), Steven Ballard (District 2), and Ronald Strosnider (District 4) have indicated interest in serving on the Code Enforcement Board. City Clerk Eikenberry advised this item had been tabled at the Commission Meeting on July 19, 2005, to allow Commissioner Howell time to find an applicant from his district. Her office had been in contact with Commissioner Howell and he was unable to locate an applicant, and advised to move forward with the appointment from the applications on file. Commissioner Anderson, seconded by Commissioner Johnson moved to appoint James Morton to the Code Enforcement Board as an alternate member for a three year term. Motion carried 4-0, with Commissioner Howell absent. Page 6 of9 City Commission Regular Meeting September 6, 2005 Requ r Red 0 sand Release 0 Code Enforcem ase No04-0 W.S. de Iding Official Jo A lien was placed on this property from code enforcement board case no. 04-036. Facts revealed that the property owner expired in his home and no one was appointed as a custodian of the property. The survivor does not have the means to arrange care of the property. A property management company is now representing the survivor. A request for lien waiver was made to maximize the benefits of the sale of the property to the survivor. The property is now in compliance. The current fine is $33,000.00. Commisisoner Anderson suggested the Commission consider acquiring the property for use as a disaster relief shelter. Discussion followed regarding ownership of the property being passed on to another family member who is unable to take care of it, and is now planning to sell it. City Attorney Rosenthal said the lien is no longer accruing because the property is now in compliance. Commissioner Johnson, seconded by Commissioner Anderson moved to approve a reduction of the fine from $33,000 to $5,000 and QivinQ the new buyer 90 days to satisfy the lien or it would revert back to $33,000, on Code Enforcement Board Case No. 04-036 W.S. Alexander. Motion carried 4-0, with Commissioner Howell absent. Later in the meeting Commissioner Johnson read a note from a citizen, Gary Bryant, who called to say he thinks the Commission is more concerned with the acquisition issues than the merits of the case. Commissioner Anderson stated that the purchaser would buy this property at a very reduced price because of the condition, and wants the City to release the entire lien. He does not want residents to think they can just go to the Commission and get legitimate liens zeroed out. He made the remark about foreclosing the property and using it for disaster relief because at some point the Commission has to decide how often they are going to release liens vs. take appropriate action to enforce the fines. Mayor Vandergrift added that an appeal could be brought to the Commission if the new owner does not agree with the lien. 14. Discussion Re Chambers Votillg System. (Multi- Media/Comm anagerElli()tt) At the City Commission meeting on August 2, 2005, the Commission requested that staff prepare a report regarding a new electronic voting system for the City Commission Chambers. Each system considered must be integrated successfully with the City's television broadcast system and the Commission Chambers audio set-up. Upgrades to OGTV will be necessary. Commissioner Johnson said he would like to get the Tybrin system, even if the Information Systems has to do some work on the dais to make it work. Commissioner Anderson said he would like to see something with interchangeable names, so that it could also be used for the Boards. Consensus of the Commission is to brinQ back representatives from the two companies to discuss their systems. Page 7 of9 City Commission Regular Meeting September 6, 2005 15. Discussion and Direction Regarding Sexual Predator Zoning. (Mayor Vandergrift) Mayor Vandergrift said he thinks we should form a committee to research this and formulate recommendations for a local ordinance. Commissioner Parker said we need to do something pro-active, that will help the children, without infringing on the rights of any residents or allow ordinances to be challenged. There are many great laws on the books that are unenforceable at this time. She would like to see "Escape School" taught in our schools to teach children how to respond to potentially dangerous situations. Consensus of the Commission was to form a Committee of residents, a School Principal, a Commissioner, police staff, interested parents, etc. Each Commissioner will brinQ back four names to the next meetinQ to form the committee. The Committee would be responsible for draftinQ lanQuaQe to be developed into an ordinance, for review by the City Attorney, and brinQinQ it back to the Commission for discussion/approval. City Manager Frank recommended that we develop the Committee with a sunset date of approximately 90 days. Consensus of the Commission was also to have City Attorney Rosenthal attend the first meetinQ of this committee to offer leQal direction, and then offer advisement throuQh the City ManaQer for the rest of its duration. I H. STAFF REPORTS City ManaQer Frank asked for and received Commission approval to transfer J1S,000 from the ContinQency Fund and approval to process appraisals on two commercial properties. I I. COMMENTS FROM COMMISSIONERS Commissioner Anderson - reminded residents that he has t-shirts for sale to benefit Hurricane Katrina victims. Commissioner Johnson said he thought we should take money from the annual appreciation event and donate it to the Hurricane victims, and do a downscaled version of the appreciation event. Consensus of the Commission would be to have a volunteer tent at the Founder's Day event to show appreciation for Board members, and use approximately ~ to have a barbeQue for them. The remainder of the moneys usually spent on the Appreciation Event should be sent to the Hurricane Katrina victims. Page 8 of9 City Commission Regular Meeting September 6, 2005 Commissioner Johnson asked that the residents of Pioneer Key II be informed about the status of the drainage and road repair project in their neighborhood. City Manager Frank said we could put out bi-lingual door hangers. Commissioner Parker- no comments Mayor Vandergrift - reminded everyone of the game on Friday night, Ocoee High School vs. Freedom High School. I ADJOURNMENT The meeting was adjourned at 9:40 p.m. Attest: APPROVED: City of Ocoee l.t S. Scott Vandergrift, Mayo Page 9 of9