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HomeMy WebLinkAbout07-16-13MINUTES July 16, 2013, at 7:15 P.M. REGULAR CITY COMMISSION MEETING CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m, in the Commission Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of Allegiance to the Flag, led by Commissioner Johnson. Acting City Clerk Sibbitt called roll and declared a quorum present. Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson. and Commissioner Keller. Also Present: City Attorney Cookson, City Manager Frank, Acting Cleric Sibbitt FB. PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift welcomed and introduced special guest Susan Kudek with the West Orange Times. She thanked the Commission for the warm welcome and introduced her nephew from Turkey, who is here to learn to speak English. Proclamation - Recreation and Parks Month — July 2013 Mayor Vandergrift proclaimed July 2013 as Recreation and Parks Month. Lej4islative Updates Chris Carmody and Robert Stuart of Gray Robinson, P.A., gave a brief overview of some of the items that were discussed and enacted over the legislative session. Their presentation included the below key points: • 1848 bills filed, 286 bills passed • The Budget has been set for $74.5 billion • Public Education received an increase- amounting to $18.5 billion • The Healthcare budget has been set at $31.144 billion • Environment Protection received a budget in the amount of $1.3 billion • Criminal Justice received a budget in the amount of $4.27 billion • Transportation received a budget in the amount of $9.5 billion • Economic Development received a budget in the amount of $891 million Robert Stuart briefly explained that the Governor vetoed a 3% hike for State University and State College base tuition, multi -use trail system, and some additional items totaling $367,950,394. Chris Carmody and Robert Stuart also discussed the Medicaid Expansion and as consensus between the House and Senate could not be reached, the issue was tabled for the session. They continued their presentation by discussing Pension Reform, Economic Incentives, and changes to the Red Light Camera Program. Some of the changes to the Red Light Camera Program are the requirement for a local hearing officer, 60 days to request a hearing. and prohibiting issuance of NOV on right turn violations (so long the driver has stopped). Mayor Vandergrift inquired if they would have to hire a person to conduct the hearings, or if the existing hearing board would suffice. Mr. Stuart explained that per new legislation, the City will have to designate a hearing officer. He said the City does not have to hire someone, they may designate a staff member who meets certain requirements. Their presentation also included changes in Local Government Law, Paid Leave, Public Private Regular City Commission Meeting July 16, 2013 Partnerships (P3s) and Foreclosure, and Legal Reform and Election and Campaign Finance Reform. Commissioner Keller inquired if the legislature is considering reform on the times of the yellow lights. Mr. Stuart answered affirmatively, and continued by saying that uniformity was discussed so that cities cannot shorten the amber light times, but would have to confirm. Commissioner Keller also inquired about a bill that would allow HOAs to count non - responsive mailings as an affirmative vote. Mr. Stuart stated lie will research the matter, and relay any discovered information. R.P. Monacky, 1820 Prairie Lake Blvd., requested clarification regarding new legislation for Red Light Cameras, and as to why Florida rejected federal money. Mr. Stuart explained that for the moment, Florida rejected the Medicaid Expansion, but this could change. Mr. Carmody confirmed Commissioner Keller's understanding of the HOA bill allowing non- responsive mailings to be considered as an affirmative vote. Impact Fee Update City Planner Rumer introduced Martin Guttenplan, with CDM Smith, and explained that he will provide the Commission with the Impact Fee update. Martin Guttenplan, of CDM Smith, gave a brief update on the City's Traffic Impact Fee Review. He explained that the impact fee review shows a comparison of the Cities of Ocoee, Winter (jarden, Apopka, and of Orange County. He provided a PowerPoint presentation showing the findings of Ocoee's irripact fees, which indicated the City of Ocoee's fees, were historically higher. He continued by saying that this is not necessarily the case as evidenced in the report. Mr. Guttenplan explained that the current methodology findings are sound; however, there is a need to update some of the data. He offered three potential scenarios to help update the current methodology: 1) Base case - updating existing formula 2) Improvements based formula 3) Zonal designations and multimodal focus Commissioner Johnson stated that the impact fees are high, and it is not economically feasible for smaller restaurants to come to the City of Ocoee. Brief discussion ensued regarding the impact fees of new construction within the City. Commissioner Grogan asked if the fees are for new construction, and City Planner Rumer answered in the affirmative. City Planner Rumer noted that the City is seeing stimulus from the reduction of the fees. Update on 'Fri-City Partnership Consultant CRA Administrator Wagner gave a brief overview of the Tri -City Partnership region. He continued by saying that each City will be asked to allocate $50,000 ($30,000 from the City's budget and $20,000 from the CRA budget). He announced that a search for a consultant firm resulted in selecting Angelos Angelou. He stated the City of Winter Garden is working on finalizing a contract for the first phase -- the economic development study. He continued by saying they have been receiving a lot of good responses from businesses in the area, and it should help bring in new businesses and rejuvenate existing ones. Mayor Vandergrift inquired as to who are the stakeholders. CRA Administrator Wagner explained that the stakeholders are local businesses, such as the West Oaks Mall and the hospital. 21Page Regular City Commission Meeting July 16, 2013 Discussion ensued regarding the expansion of the 429 corridor, and it was concluded that efforts are now being concentrated on the compact area around the three cities. Commissioner Grogan inquired as to which City has the most area for growth. CRA Administrator Wagner answered that Apopka has been the most aggressive, and Winter Garden is close behind. Commissioner Johnson inquired as to what the consultant fee is. CRA Administrator Wagner explained that the fee for the economic development study (first please), is $90,000. The second phase will be charged separately and will include marketing, branding, site selection, etc. Commissioner Johnson said in the future, he would like to know the cost for the studies, and would like for all three cities to sit down to discuss the matter. He reminded the Commission of the upcoming CRA and 'Tri -City meeting scheduled for "Thursday, July 25"' C. COMMENTS FROM CITIZENS /PUBLIC The item belniv was read and received after Item 49 Mayor Vandergrift briefly announced that the City received a live e -mail from a concerned resident named Rosa regarding illegal fireworks. He advised instead of reading the e -mail it has been turned over to our Police and Fire Chief who will respond to her. D. STA R EPORTS AND AGENDA REVIEW EMERGENCY ITEM. Authorization to Execute a One -Year Agreement in The Amount of $20,012.49, and Subsequent Telephone System. City Manager Frank said there Renewals, with Centurylink for Maintenance of the City's is an emergency item in front of them for the authorization to execute a one -year agreement in the amount of $20,012.49, and subsequent renewals, with CenturyLink for maintenance of the City's telephone system. Support Services Director Butler explained the emergency item and agreement. Mayor Vandergrift, seconded by Commissioner Keller, moved to approve the authorization to execute a one -year agreement in the amount of $20,012.49, and subsequent renewals, with CenturvLink for maintenance of the City's telephone system. Motion carried 5 -0. 2. EMERGI -NCY ITEM: Non - Exclusive Reuse Water Line Easement Agreement with the City of Win ter Garden for the North Si Reclaimed Water Main Extension Pro City Manager Frank said there is an emergency item in front of them for Non - Exclusive Reuse Water Line Easement Agreement with the City of Winter Garden for the north side reclaimed water main extension project. City Engineer Wheeler explained the emergency item and agreement. Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve the Non - Exclusive Reuse Water Line Easement Agreement with the City of Winter Garden for the north side reclaimed water main extension project. Motion carried 5 -0. 31Page Regular City Commission Meeting July 16, 2013 3. EMER ITEM: Increase in the Project Budget for Grit Pump 91. City Manager Frank explained that during the rehabilitation of grit pump 41, it was discovered that unforeseen repairs to the suction nozzle and wear plate needed to be completed. The pump is critical to the operation of the wastewater plant and these repairs are necessary for the pump to function properly. $15,000 was approved for this project in the Fiscal Year 2013 budget; please approve an increase of the project budget from $15,000 to $1 7,000. Commissioner Keller, seconded by Commissioner Johnson, moved to approve the increase of the proposed project budget for the rehabilitation of grit pump #1 from $15,000 to $17,000. Motion carried 5 -0. .... ._....... - -- E. COMMISSIONERS ANNOUNCEM Commissioner Keller - 1) announced that the end of the month, DOT will begin construction on the Ocoee Hills traffic light. 2) announced that the Teen Police Academy is scheduled from July 15, 2013 through July 19, 2013 from 10:00am till 1:00pm. The event will take place at High Point Church, located at 476 Ocoee Commerce Parkway Ocoee, Fl. 34761. 'Topics to be covered include: department overview, station tour, crime scene unit, SWAT, marine patrol, K9, traffic, taser demonstration, OCSO Aviation Unit, firearms safety and much more. If interested please contact Officer Patera Scott at 407 -905 -3160 ext. 3024 or at patcra.scott(c),ocoee.or . 3) announced that the SAFE Class is scheduled for Thursday July 25, 2013, from 6:00pm till 9:00pm. This is a tree, one time, three hour presentation on self- defense and satet.y awareness for women. The class is taught by Ocoee Police Officers using the National Self Defense Institutes' S.A.F.E. curriculum. Topics covered include: self- defense, crime prevention and domestic violence. The class is held at the Ocoee Police Department. You rmnst be at least thirteen years of age to attend. If interested contact Officer Patera Scott at 407 -905 -3160 ext. 3024 or at patera.scott(alococe.ora Commissioner Johnson — 1) announced that the Founders' Day sponsorship solicitation letters have been mailed, and they have already received two sponsorships totaling $15,000. 2) announced the Parks and Recreation Department will be hosting its monthly Food Truck Friday event on Friday, July 19st, from 6:00 to 9:00 pnn. on Lakeshore Drive, in Bill Breeze Park. food trucks will be offering gourmet food and delectable treats, and the movie "E.T." will be shown during the event; the movie will start at 8:30 l nn., so come out and enjoy a dinner and a movie in the park. Commissioner Wilsen — 1) announced that on August 8"' at 6:00 p.ni., Representative Randolph Bracy will be at Ocoee City Hall for a Town Hall Meeting. 2) announced that the City of Ocoee Fire Department, in partnership with Orange County Citizens Corps Council and Orange County Office of Emergency Management, will be offering a Community Emergency Response 'Team (C.E.R.T.) course beginning August 1 st at 5:30. C.E.R.T. is a 32 -hour, 6 -week FEMA course. For more information, please contact the fire department at 407 - 905 -3140. Commissioner Grogan — None Mayor Vandergrift — None 41Page Regular City Commission Meeting July 16, 2013 F. CONSENT AGENDA Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve the Consent Agenda Items #1 through #7. Motion carried 5 -0. Approval of Minutes for the Regular Commission Meeting Held June 18, 2013. (City Clerk Eikenberry) Approved on Consent. Motion carried 5 -0. Approval of Award of Bid #B13 -08 Ison Center Audiovisual .Improvements and Change Order No.l. (Purchasing Agent Tolbert) The City received a Congressional grant to improve the West Orange Senior Citizens and Veteran Service Center at the Tom C. lson Center owned and maintained by the City of Ocoee. The final phase of the work is installation of major audiovisual facilities for sound and video. The City of Ocoee, Florida (City) solicited bids from qualified contractors to furnish and install the audiovisual equipment at the Ison Center for Senior Citizens and Veterans, located at 1701 Adair Street in north - central Ocoee. These improvements are specified on the Bid Plans (drawings) prepared for the City by Technology Research and Consulting, Inc. through Rhodes -- Brito, Architects. All work is to be clone in accordance with the drawings, the Measure and Payment section and other bid documents. The subject project is funded in part by the remainder of a Congressional grant in the amount of $14,267.18 that expires on September 30, 2013. As a condition of the work, the Contractor must satisfactorily complete the work prior to September 10, 2013. The bid was publicly advertised on June 16, 2013, and opened on July 9, 2013. 'There was a total of three (3) bids received ranging from $27,498.00 to 536,782.54. All bids are available in the Finance Department for review. The Support Services and Finance Departments reviewed all bids received and all were considered responsive. Staff recommends awarding the bid to Infinity Corporation of Central Florida dba hnfinity AV & Security, as the most responsive and responsible bidder in the amount of $27,498.00. Additionally, staff recommends approval of Change Order No. I in the amount of $5,483.00 in order to return components to the project scope that had been removed in order to ensure bids were received within the available funding level. Approved on Consent. Motion carried 5 -0. 3. Brynmar Phase 2 Subdivision. (City Engineer Wheeler) This plat is for phase 2 of the Brynnrar subdivision, the final phase of this development. I lie Brynmar subdivision is located at the southeast corner of McCormick and ingrain Roads. The overall subdivision contains 95 single family residential lots on approximately 33.48 acres of land. The phase 2 portion of the development comprises 31 of those lots on approximately 8.36 acres of land. Columnar Develop, LLC has also chosen to install upgraded street lights to match those installed in phase 1 of the development and has pre -paid Progress Energy Florida, Inc. the capital installation cost. Columnar Develop, LLC has executed the City of Ocoee's revised Developers and Homeowners Association Agreement for Upgraded Street Lights for the entire subdivision. a. Approval of Phase 2 Plat b. Approval of Developers and Homeowners Association Agreement for Upgraded Street Lights Approved on Consent. Motion carried 5 -0. 5 1I'LL e Regular City Commission Meeting July 16, 2013 4. Approval of Construction Phase Engineering Services with CPH, Inc. on the North Side Reclaimed Water Main Extension Project. (City Engineer Wheeler) By action of the City Commission at the June 19, 2012, Commission Meeting, CPH, Inc. was authorized to proceed with preliminary layout, detailed design including survey and geotechnical services, and assistance during the bidding of the project. No construction phase services from CPH, Inc. were included at that time because the Engineering and Utilities Departments were planning to perform most of the construction services in- house. City personnel are performing the daily field inspection of the construction, review and approval of shop drawings and contractor monthly pay requests, answering questions from the contractor and /or property owners along the project route, and many other administrative tasks related to the project. However, there may be times when assistance would be needed from CPH, Inc. The attached proposal details marry of the deliverables required to finalize the permits with Orange County and OOCEA to work within their rights -of -way and possible functions that may require staff to request interpretation and /or assistance fi - om the engineer of record. 'The proposal is based upon the request for time and materials and is not a lump sum proposal. The proposal for Construction Phase Engineering Services with CPI 1, Inc. on the North Side Reclaimed Water Main Extension Project is a not to exceed amount of $5,965.00. Approved on Consent. Motion carried 5 -0. 5. Approval of a Budget Transfer in the Amount of $24,999.00 from the Planning Department Budget to the Contractual Services Account of the Building Division. (Building Official Washington) The City reduced Building Division staff commensurate with reductions in applications over the past five years. Several factors have resulted in the use of contractual inspections and plan review services from a private provider to maintain the basic level of customer service for tide Building Division. Recently, the Building Division lost two permitting technicians and two building inspectors to attrition, resulting in a workforce incapable of meeting today's increased permitting demands and existing customer service goals. The begimring of vertical construction ill Brynmar and Arden Park South subdivisions and the Casa Mirella apartment projects have challenged the inspections and plan review capacity of the Building Division staff. This combined with the unfilled inspector positions has further compromised the division's effectiveness. To meet the growing demands of the residential market, the Building Division has engaged the services of PDCS, LLC for a multi - trade inspector until the inspector positions can be filled. Approved on Consent. Motion carried 5 -0. 6. Approval of Edward Byrne Memorial Justice Assistance Grant (JAG) FY 2013 Application 2013 - 114965- FL -DJ. (Police Chief Brown) Based on FBI Uniform Crime Reports, $11,507.00 has been made available for the City of Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant (JAG). With this money, staff recommends the purchase of 25 mobile printer packages. These printers will be used by officers in the field to print copies of reports, uniform traffic citations, driver exchange of information crash reports, property receipts, etc. This equipment will improve customer service to members of the public by saving them time, inconvenience, and expense of traveling to police headquarters to obtain (and in some cases purchase) copies of the above - listed reports. Thus equipment will save staff time in locating and reproducing copies of the above - listed reports for the public. Approved on Consent. Motion carried 5 -0. Approval of Edward Byrne Memorial Justice Assistance Grant (JAG) FY 2013 Application 2014 -JAGC -2151. (Police Chief Brown) This year, $10,787.00 has been made available for the City of Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant (JAG). The Byrne Memorial Justice Assistance Grant (JAG) Formula Program Committee wishes to submit the attached 51% letter to the Office of Criminal Justice Grants in Tallahassee. This letter lists the various programs for which the participating law enforcement agencies in Orange County plan to spend the $347,458.00 allocated to them. The letter and accompanying grant application __ 61Page Regular City Commission [Meeting July 16, 2013 must be signed by the Mayor. If approved, the City of Ocoee will receive $10,787.00 to purchase new Internal Affairs tracking software. The agency currently tracks complaints with an outdated and non - supported filing system. The new tracking software is automated, paperless, user friendly, allows more than one user, sends out alerts when patterns are noticed, and allows the agency to be more efficient with processing officer complaints. The agency plans to purchase CI Technologies IA Pro software through standard City purchasing procedures. 1A Pro software is currently used by Winter Garden, Apopka, Clermont, and several other Florida law enforcement agencies and is compatible with the City's computer system . aroved on Consent. Motion carried 5 -0. G. P UQLIC IH�'ARINGS - None 11. FIRST READING OF ORDINANCE 8. First Reading of Ordinance for Establishment of a Fire Protection Assessment Ordinance replacing section 77 -1 through 77 -9 of the City Code. (Second Reading and Public Hearing scheduled for August 6, 2013, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Assistant City Manager Shadrix) For consideration is the proposed Fire Protection Assessment Ordinance. The purpose of this Ordinance is to (1) provide procedures and standards for the imposition of Citywide Fire Protection Assessments under the general home rule powers of a municipality; (2) authorize a procedure for the funding of Fire Protection services, facilities, or programs providing special benefits to property within the City; and (3) legislatively determine the special benefit provided to Assessed Property fi•om the provision of the City's fire protection services. This Ordinance is a purely procedural document that outlines the steps necessary to implement a Fire Protection Assessment and provide for its collection pursuant to section 1973632, Florida Statutes; it does not prescribe a methodology or rates. This Ordinance repeals and replaces section 77 -1 through 77 -9 of the City Code. City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift announced the second reading and public hearing will be held on August 6, 2013, at 7:1.5 p.m. or soon thereafter. I. REGULAR AGENDA 9. Code Enforcement Reduction of Fine /Lien for 1.004 Oakwood Ln. (Assistant Director of Support Services Gaines) On November 22, 2011, during a Minimum Standards Housing Inspection, the property located at 1004 Oakwood Ln. was observed to have three (3) code violations: broken interior doors, no smoke alarms, and missing interior electrical faceplate covers throughout. On January 24. 2012, the Code Enforcement Board found the respondents in violation as cited and issued an order to comply by February 7, 2012, or be fined $100.00 per day. On February 8, 2-012, the property was observed to still be in non- compliance. On June 6, 2013, the property was observed to be in full compliance, with an accrued fine totaling $48,600.00. At the .[Line 25, 2013, Code Enforcement Board meeting, the property manager stated that the property was for sale and that this fine was a deterrent to potential buyers. The board recommended reducing the fine to $2,000.00, The Code Enforcement Board commended the property manager for bringing the property into compliance after only six weeks, as it had been in non - compliance for approximately 16 nnonths prior. Assistant Director of Support Services Gaines briefed the Commission on the code enforcement case and violations for 1004 Oakwood Lane. He advised that at the June 25, 2013, Code Enforcement Board meeting, the board recommended reducing the fine to $2,000.00 based on testimony from the property manager. The City's cost -to -date is $1029.49. The property manager for 1004 Oakwood Lane was commended by the Code Enforcement Board for bringing 71 Pa, ge Regular City Commission Meeting July 16, 2013 the property into compliance within six weeks since the property had been in non - compliance for at least 16 months. Staff agrees with the Code Enforcement Board's recommendations. Max Rosenblum, Time Realty (Property Manager), advised that the property was in terrible disrepair when they became involved. It has been a lengthy foreclosure process but they cleaned it up as quickly as possible so they could get it listed and sold. Commissioner Wilsen inquired if there was a sale pending at this time. Mr. Rosenblum answered in the affirmative. Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve the reduction of fine for 1004 Oakwood Lane to $2000 to be paid within 30 days or fine will revert back to original amount. Motion carried 5 -0. 10. Discussion on City Cemetery - Consideration of Budgeting for Cemetery Improvements. (Commissioner Johnson) Commissioner Johnson said he wanted to discuss the up -keep of the cemetery. He inquired if they would be including the cemetery maintenance during the budget process, because he feels they should be adding a little more money to that line item so work can be done out there. City Manager Frank inquired what type of funding they were looking at. They are working on the budget, which does not seem to have much funding for the cemetery, but if there is something the Commission can come to a consensus on, then they can try to work it into the budget before the first workshop. Commissioner Johnson said he feels this cemetery is the pride of their City as well. He inquired from City Manager Frank, if he would like to take a look at it and advise the Commission what the City thinks needs to be done. Commissioner Johnson asked Parks and Recreation Director Hayes if his department maintains the cemetery. Parks and Recreation Director Hayes answered affirmatively, stating they do handle the majority of upkeep and maintenance. Ma Vandergrift asked that each Commissioner advise staff as to what they feel needs to be done. Commissioner Johnson said he feels overall the upkeep of the cemetery needs to be upgraded and maybe even add some new landscaping. I le further suggested that they might want to look for more land so they can expand the cemetery. He recalls them having discussions regarding regulating what could be put into the cemetery but no one is following through and things keep showing up at the cemetery. Commissioner Johnson said that he would like to look at the rules and enforce them. Commissioner Wilsen said she thought they had sent out the rules and regulations to plot owners. Yet, when you go out to the ce.rnetery you see gravel and scallop edges from the hardware store. She personally feels that all those items need to be removed since plot owners were advised of the rules. City Manager Frank said they did go over those rules about three - four years ago when they had a Cemetery Staff Committee. He advised that some of rules were enforced, but some of the major ones they are discussing tonight may not have been. So, if they need to revisit this, they certainly can. City staff can advise the Commission when they get ready to enforce anything since they will receive complaints from residents. He further advised staff can also post something at the cemetery before going in to regulate the rules. Support Services Director Butler said that last year, after the installation of the columbarium, the Commission did authorize some rules that staff worked on related to what can be installed at 8�1.°age Regular City Commission Meeting July 16, 2013 the cemetery now. Staff is regulating the placement of monuments and trims, which requires a permit before installation. Support Services Director Butler briefly explained issues staff has run into regarding the cemetery with regards to the title and individual ownership for plots. He advised staff is mowing the common land, but it is difficult to request people to remove items already installed on their property. The new plots that were sold recently are being regulated by the City. Commissioner Johnson said if we can regulate the new plot owners, then we can send letters to all the fee - simple title owners and advise them that they need to maintain their lots, or have them sign over the maintenance to the City. Commissioner Keller agreed with Commissioner Johnson, stating that there has to be a way that the City can have plot owners sign over maintenance rights to them. He further advised his main concern with the cemetery was the fence. The fence needs to be replaced since it is broken in several areas and the rolling gates needs to be repaired. He further said even if the titles were fee simple and the land owner is responsible for maintaining their land, he would think that if there are broken items that would be a hazard, then the City should be able to remove those. He observed marry broken items while visiting the cemetery, potholes in the road, and a number of other things that he feels they should budget for. Commissioner Keller shared that maybe they should even look into requiring flat monuments for any area they add or look into selling in the future so maintenance would be easier. A brief discussion ensued. Commissioner Grogan said he thinks it would be a great idea to call a workshop for this and maybe invite anyone who would like to talk to them and give input about the condition of the cemetery. Mayor Vandergrift inquired if anyone would be opposed to staff contacting a cemetery company about procuring 10 acres to add to the cemetery with the idea that they would give perpetual care to the existing cemetery. Commissioner Grogan inquired what that would cost the City. Mayor Vandergrift said they could pay the City back, but the key is that they would manage the cemetery themselves as an entity but part of the agreement is the maintenance of the City cemetery. Commissioner Johnson said he recalls discussing this a long time ago and he does not see a problem with that. Commissioner Wilsen inquired how that would affect the columbariuni they just purchased. Mayor Vandergrift said the City can continue to sell the niches. City Manager Frank advised he just needs to understand if they are Looking for expansion of the cemetery and who would be purchasing the land. Mayor Vandergrift said the City could purchase the land and sell it to an entity such as Woodlawn. He said we would just need to find flat land. Mayor Vandergrift advised that without objection he would like staff to explore the idea of purchasing land as discussed. Mayor Vandergrift asked staff to please move the trash bin that is by the columbarium. Commissioner Wilsen said they should also look at moving the dumpster since that is the first thing you see when you drive in. She reiterated that the City needs to maintain control of the cemetery because we are going to find people buried. in the cemetery that family members are not even visiting or maintaining it. 9113age Regular City Commission Meeting July 16, 2013 11. Amendment No. 3 to City of Ocoee Services Two Phase Agreement with American Traffic Solutions, LLC pertaining to Red Light Running Camera Enforcement System. (Assistant City Attorney Urage) During the recent session, the Florida Legislature passed and the Governor signed into law CS /CS /11137125, now known as Chapter 2013 -160 Laws of Florida amending certain provisions of the Mark Wandall Traffic Safety Act. The City Commission recently amended the City Code of Ordinances to comply with the new statutory provisions. In addition, the Agreement with the City's traffic light camera vendor, American Traffic Solutions, LLC ( "ATS "), must be amended to comply with the new statutory provisions requiring the City to provide a hearing officer, clerk and facility for Notice of Violation hearings and to provide for subsequent notices to be sent to violators. City Attorney Cookson stated the amendments to this contract were made to be consistent with the new Statute. Commissioner Wilsen, seconded by Commissioner Grogan, moved to approve amendment no. 3 to City of Ocoee services two phase agreement with American Traffic Solutions, LLC pertaining to red light running camera enforcement system. Motion carried 5 -0. 12. Setting the 2014 Millage Rate. (City Manager Frank) The TRIM act requires local governing bodies to set a proposed tentative millage rate annually during the month of July. The Property Appraiser is then notified of the rate and uses it to advise taxpayers of their proposed tax levies for the next year. The rate can be lowered during the budget hearings in September and has historically been done so by the City. City Manager Frank advised that every year the TRIM act requires local governing bodies to set a proposed tentative millage rate annually during the month of July. The property appraiser is then notified of the rate, and uses it to advise taxpayers of their proposed tax levies for the next year. The rate can be lowered during the budget hearings in September and has historically been done so by the City. This year staff is recommending that the commission set the proposed tentative millage at 5.9037 (rolled back rate). This is a tentative rate and will allow the commission room to adjust during review and discussion of the proposed budget. Should the commission wish to scat the proposed tentative millage rate higher, you can do so; however it would require a super majority vote. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the proposed tentative millage at 5.9037 (rolled back rate). Greg Keethler, 2430 Orsota Circle, addressed the Commission with his concerns regarding Ocoee standing out as having the third highest millage rate and taxes. He encouraged the Commission to keep the millage rate at 5.846 because property valuation has gone up and that in itself will raise an additional $110,000. He feels that is a significant amount. of money for which the Commission can justify leaving the millage rate down and not raising it to 5.9037. Mayor Vandergrift thanked Mr. Keethler for his input and the information he sent over to them. Ile further advised Mr. Keethler that they are voting for the rolled back rate at this point but any time between now and the adopted budget they can roll it back even further. Motion carried 5 -0. 101hagc Regular City Commission Meeting July 16, 2013 Commissioner Wilsen inquired if she could also be forwarded the information that Mr. Keethler sent to the Mayor and Commissioner Grogan so she may review it as well. 13. Selecting Workshop and Hearing Dates for the 2014 Budget. (Finance Director Horton) Workshops are held during August to discuss the proposed budget for the upcoming fiscal year. Changes are made to the proposed budget based upon a consensus of the Commission during the workshops. Public hearings are required by the TRIM act and serve as a mechanism to notify the citizens of the proposed budget and give them an opportunity to comment on the budget. Public hearings are held in September. Finance Director Horton explained that workshops are held during August to discuss the proposed budget for the upcoming fiscal year. Staff recommends the Commission select two of the following dates for the August workshops: August 12th, 14th, 28th, and 29 ". Public hearings are held in September. Staff recommends the Cotrnnission select one of the following combinations of dates to schedule the public hearings: September 9th and 26"', September 11th and 26 " September 12th and 26 ° ' Mayor Vandergrift, seconded by Commissioner Keller, moved to approve August 14 & 28 for Budget Workshops and September 11 & 26 for Budget Hearings, all meetings starting at 6:00 p.m. Motion carried 5 -0. J. STAFF ACTION ITEMS r K. COMMENTS FROM COMM ISSIONER S J Commissioner Keller — None Commissioner Johnson — said he had a resident (past Commissioner) inquire about selling one of their lots back to the City and use the other remaining lot they own to place two cremains (urns) into it. Mayor Vandergrift said without objection he would like staff to look into State laws regarding allowing two urns into one space. Commissioner Wilsen - -None Commissioner Grogan reminded everyone that the Food Truck event is on Friday, July 19th, from 6:00 to 9:00 pm. on Lakeshore Drive, in Bill Breeze Park. Mayor Vandergrift — None ADJO Meeting adjourned at 9:29 p.m. Attest: Melanie Sibbitt, Acting City Clerk APPROVED: City of Ocoee S. Scott Vandergrift, Mayor 11 I Page