Loading...
HomeMy WebLinkAbout03-21-06 Minutes MINUTES OCOEE CITY COMMISSION March 21, 2006 at 7:15 P.M. SWEARING IN CEREMONY 6:30 P.M. -City Clerk Eikenberry administered the Oath of Office to newly elected Commissioners: Commissioner Hood, District 1; and Commissioner Keller, District 4. 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 Anderson gave the Invocation and Commissioner Keller 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 Hood, Commissioner Johnson, and Commissioner Keller. Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry. I B. PRESENTATIONS AND PROCLAMATIONS Presentation of Count Me In! Resolution (Mayor Vandergrift)- Martha Lopez-Anderson, resident and Nancy Peat, Executive Director of the Foundation for Orange County Public Schools spoke on behalf of the Foundation and what they are working toward accomplishing with the Count Me In! initiative. Mayor Vanderarift seconded by Commissioner Hood moved to adopt Resolution No. 2006-005, supportina the Count Me In! initiative. Motion carried 5-0. Presentation - 2005 Audit Report - Elden McDirmit, C.P.A. (Finance Director Horton)- Elden McDirmit gave an overview of the City's assets, liabilities, and equity; reviewed the management comments for General Ledger and Investments; and advised that the City received a Certificate of Achievement for Excellence in Financial Reporting again this year, as it has in the past several years. Mayor Vandergrift said 1) he would like the Organizational Chart on Page ix of the CAFR, be amended to include "Reuse Water" under the utilities department, 2) directed Finance Director Horton to bring back an action on policy changes resulting from the auditor's management comments. Mayor Vanderarift seconded by Commissioner Anderson moved to accept the 2005 Audit Report. Motion carried 5-0. Presentation - PowerPoint on Modifications to Chapter 143 Regarding Solid Waste Services. (Public Works Director Zaitooni) Public Works Director Zaitooni reviewed the residential services and holidays, optional services, yard waste services, residential bulk service, recycling service, and residential c& d. City Commission Regular Meeting March 21, 2006 Mayor Vandergrift and Commissioner Anderson said they would like Monday pickups to be done on holidays except on those days the transfer stations are closed. Mr. Zaitooni also said they recommend Chapter 143 be amended to require a doctor's note to allow for physically challenged persons to have at-the-door service. Mr. Zaitooni said the next steps would be to modify Chapter 143 to reflect the changes, set rates for optional services, and establish commercial service. Discussion followed regarding the change-over from monthly billing to annual billing on the tax roll, allowing residents to have additional containers for an additional fee, revising the schedule for bulk service and bring it back to the Commission, and bulk service pickup starting in-house when the Onyx contract is resolved, probably in Mayor June. Commissioner Anderson announced Spring Clean-up dates and instructions for 2006: Monday/Thursday garbage service customers will be on Saturday, April 8, 2006 TuesdaylFriday garbage service customers will be on Saturday, April 15, 2006 Mayor Vandergrift added that in the future when service is back in-house, bulk pick up would occur monthly, instead of only twice per year. Consensus of the Commission was to proceed with recommended chanaes to Chapter 143, and do a rate comparison for other aarbaae services to be brouaht back before the Commission at a later date. I C. COMMENTS FROM CITIZENSIPUBLIC Martha Lopez Anderson, 1) reminded everyone about the Safety Spring Fling on March 25, 2006, and said they have received 1053 entries for their poster contest. Mayor Vandergrift said that we should display some of the posters in City Hall, 2) said with regard to the garbage service fees being placed on the tax roll, there has been some confusion as to how the additional non- advalorem taxes would be escrowed and added to mortgage payments, and the City should have made a better effort to inform the residents. Mayor Vandergrift added that escrow shortages could be paid in a lump sum instead of adding it to the mortgage payment over time. Public Works Director Zaitooni added that a flyer will be in the resident's water bill to explain the garbage and sewer changes, and some of the services were explained in the News To You newsletter. Max Jacobs, 2247 Mountain Spruce, 1) asked why the higher fee is being charged before they are receiving the new in-house services, and 2) said placing the fees on the tax roll presents a hardship for residents, and residents should be better informed to avoid misunderstandings. Public Works Director Zaitooni and City Manager Frank explained that the process of purchasing vehicles and hiring personnel has already begun, and the fee increase was analyzed to begin early based on getting the capital needed to achieve that start-up without borrowing money. I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Mayor Vandergrift asked City Manager Frank to announce the results of the County Commission Meeting; City Manager Frank advised after a presentation and discussion from the City to the Board of Orange County Commissioners, the Board unanimously voted to approve the CRA Resolution and Interlocal Agreement. Mayor Vandergrift said the City Manager made a great presentation to the Board. The next step will be to get the redevelopment plan approved and to establish the trust fund and trustees to the CRA board. Page 2 of? City Commission Regular Meeting March 21,2006 Commissioner Keller advised the Ocoee High School Band would be playing at Arabian Nights on April 29, 2006, for the early show. If you mention their name, you will receive five dollars off admission. Commissioner Johnson - said that Paul Foster, former Commissioner and educator, recently passed away, and he offered condolences to his family. Commissioner Anderson- said the Ocoee Boy Scouts and Cub Scouts are holding a Regional Pinewood Derby at the Beech Center on March 25,2006, at 10:00 a.m. Packs from all around Central Florida will be here to race cars. Commissioner Hood-I) said the Varsity Baseball Team is playing in the Orlando Baseball Classic at Tinker Field every night this week. There are 16 teams in the tournament from around the country. 2) asked Public Works Director Zaitooni about the progress on the Lady Avenue road construction; Mr. Zaitooni said based on discussions with residents at the recent meeting, a workable alternative will be brought back before the Commission in April, 3) encouraged residents to attend the Safety Spring Fling, March 25,2006. I E. CONSENT AGENDA 1. Approval and Acceptance of the Amended Minutes of November 15, 2005, and Regular City Commission Minutes of February 21, 2006. (City Clerk Eikenberry) 2. Approval of the 360 Systems Image Server for OGTV Channel 21. (Community Relations Manager Wright) Monies to purchase a new television broadcasting system for OGTV Channel 21 have been approved by the City Commission for this budget cycle. However, a budget transfer is needed to cover the cost ofthe new system. The 360 System will be digitized allowing television shows to be programmed via a lap top computer thereby eliminating the need for VHS tapes. The amount budgeted for the new system is $9,800.00. The cost for the 360 System is $10,155.00. Funding for the system is available in the current Community Relations budget for FY 2005/06. 3. Approval of Traffic Enforcement Agreement for Crestwood Heights. (police Chief Goclon) A traffic enforcement agreement is required by Florida State Statutes 316.006(2) for the Ocoee Police Department to have authority to enforce traffic laws upon the private roads within the limits of the gated subdivisions. Crestwood Heights Townhomes Owners' Association, Inc. is requesting such an agreement. 4. Quarterly Financial Report - First Quarter FY 2006. (Finance Director Horton) The Quarterly Financial report for the first quarter of fiscal year 2005 summarizes the city's [mancial activity for the period 1 % 1/05 through 12/31/05. Revenues are being collected as anticipated for all funds. Expenditures are being closely monitored and are within expected ranges. 5. Approval of Proposal for Bluford Avenue Phase 1 Improvements by Professional Engineering Consultants (PEC). (Public Works Director Zaitooni) Professional Engineering Consultants were awarded RFQ# 0601 at the City Commission Meeting on December 20,2005, for engineering design services for the Bluford Avenue Phase 1. PEC has submitted a cost proposal for the project in the amount of$231,627.00 for [mal design and permitting of the project. The project scope is located along Bluford Avenue, from Magnolia Street to Lakeview Avenue (approximately 1,800 linear feet). The proposed project includes improvements to widen roadways, improve intersections, stormwater systems, utility systems, landscaping, hardscaping, irrigation, as well as all utility coordination. The project includes the design of pedestrian friendly features and will be consistent with the design features and characteristics of the recently completed McKey Street Project. Page 3 of? City Commission Regular Meeting March 21, 2006 6. Approval of Clarke Road Pavement Rehabilitation - White Road to SR 50 (W. Colonial Drive). (Public Works Director Zaitooni) City's current fiscal year budget contains $360,000 for rehabilitation and resurfacing of Clarke Road, from White Road to SR 50. Project entails milling and replacing the damaged structural and surface courses. Staff recommends piggyback of City of Orlando's Contract Bl05-2015 with the Orlando Paving Company, for this work. The estimated cost of this work is $385,084.70, which exceeds the budgeted $360,000 amount. Therefore, staff recommends deferring a sidewalk project on Lyman Street, from N. Lakewood Avenue to Rewis Street budgeted at $30,000 to fund the shortfall. 7. Approval of FDOT Memorandum of Agreement, Contract # ANY67, State Job #244298-1-72-06. (Public Works Director Zaitooni) The existing contract between the Florida Department of Transportation and City of Ocoee for the routine maintenance of the State rights-of-way will expire on April 30, 2006. FDOT is requesting renewal of this contract at $33,475.00. This amount represents a 3% increase from previous contract period. Staff respectfully requests the Honorable Mayor and City Commission approve renewal of the Memorandum of Agreement (Contract # ANY67, State Job # 244298-1-72-06) between FDOT and City of Ocoee at $33,475.00. 8. Approval for Purchase of CDS Stormwater Pollution Removal Structure. (Public Works Director Zaitooni) The City's current fiscal year budget contains $200,000 for the design and construction of a pollutant removal structure. The project is funded by the Florida Fish & Game Commission on a reimbursable basis. The objective of the project is to remove pollutants from the drainage outfall pipe before it reaches Starke Lake. Funding deadline is June 2006 and to ensure reimbursement, it is in the best interest of the City to expedite the purchase and delivery of the structure from CDS Technologies for $43,350. Commissioner Anderson asked about Item 4, the Quarterly Report, why page 11 shows the General Government Services line item is already at 46% expended. Finance Director Horton advised there are some one-time expenditures for the full year instead of being split over twelve months. Commissioner Anderson asked about Item 6, delaying the sidewalk project on Lyman Street, and confirmed with Public Works Director Zaitooni that it will be done next year. Commissioner Anderson, commented on Item 8, thanking the staff for getting the grant money from Florida Fish and Game Commission. Consent Aaenda Vote: Commissioner Hood seconded by Commissioner Anderson moved to approve the Consent Aaenda, Items 1 throuah 8, as presented. Motion carried 5-0. I F. PUBLIC HEARINGS None I G. REGULAR AGENDA 9. Approval of Steak 'n Shake Waiver Requests. (Community Development Director Wagner) The Steak 'n Shake property is located on the south side of SR 50, west of the Chick-fil-A restaurant. More specifically, the subject property comprises Tract D of the Waimart subdivision and the C-3 zoned property located west of Tract D. The property is currently vacant and contains a mix of mature trees and vegetation. The Steak 'n Shake small-scale site plan proposes a 4,000 square foot fast-food restaurant with 52 parking spaces. The subject property comprises of 0.97 acres and is zoned Community Commercial, C-2 and General Commercial, C-3 and is designated as Commercial on the Future Land Use Map (FLUM). The applicant is Page 4 of7 City Commission Regular Meeting March 21, 2006 requesting a reduction in the side (west) landscape buffer and the rear (south) landscape buffer to allow for adequate vehicular travel lanes and parking. Further, they are requesting to allow the dumpster enclosure to encroach into the southern landscape buffer. Because the restaurant includes a drive-thru facility, a reduction in the building perimeter landscape buffer is being requested at the drive-thru window. Further, the subject property's lot size is less than the required I-acre (0.97 acres), therefore a waiver request is being proposed by the applicant. Finally, stormwater for the Steak 'n Shake site is being discharged into the Ocoee Commerce Center master retention pond. To allow for this, the applicant is requesting a waiver because the stormwater is not being retained on-site. Community Development Director Wagner reviewed the waivers as requested by Steak 'n Shake. He said that the waivers are all reasonable requests due to the uniqueness of the location of this property, which adjoins to a conservation area, a retention pond, and the Wal-Mart shopping center. He said the project is part of an integrated Master Plan Development, and it is compatible with surrounding development. Staff recommends approval of the following six waivers, and representatives of Steak 'n Shake are here to answer questions, if needed: 1) Reduction ofthe side (west) buffer from 10' to 2.71'. 2) Reduction ofthe rear (south) buffer from 10' to 0'. 3) Allow encroachment of the dumpster enclosure into the rear (south) buffer. 4) Reduction of the building perimeter buffer width from 10' to 0' at the drive-thru window and 0.58' adjacent to the front sidewalk and the bench and trash receptacle. 5) Reduction of the minimum lot size from 1 acre to 0.97 acres. 6) Request City approval to discharge all pos-development runoff, including the first inch into Pond 200 of the Ocoee Commerce Center upon receipt of SJRWMD approval for same and executed agreement with the Ocoee Commerce Center. Mayor Pro Tem Anderson asked about the widening of SR50, and if there are any provisions for increasing the landscape buffer once the original landscape buffer is reduced. Community Development Director Wagner said they have worked out some of the issues with FDOT and the 25' landscape buffer will remain after FDOT lays down some drainage pipe and sods over the 10' area of the buffer closest to the road. Commissioner Johnson, seconded by Commissioner Keller, moved to approve the six waiver requests as recommended by staff. Motion carried 4-0, with Mayor Vanderarift away from the dais. 10. Discussion of Potential Termination of Contract for Yard Waste & Bulky Waste with Onyx Waste Services. (Public Works Director Zaitooni) Onyx Waste Services has formally requested termination and early release from their current contract for Yard Waste & Bulky Waste. This contract is set to expire on August 30, 2006, and pursuant to City Commission's approval, the services will be brought back in-house. The current schedule for delivery of yard waste trucks is tentatively set for April 2006. In addition, the type and quantities of the services will be revised as soon as Chapter 143 is modified in the near future. Therefore, staff has no objection to an early release of Onyx from their contract with the City subject to a timely and orderly transition to an in-house operation. Staff recommends City Commission approve termination and early release of Onyx Waste Services subject to a timely and orderly transition to an in-house operation and direct the City Attorney to devise an agreement for the termination action. Public Works Director Zaitooni said that Onyx requested to be released from the contract early, and staff feels that we can accommodate them and provide a better service in-house. The issue is how to negotiate the contract, which would include a transition period and the purchase Page 5 of7 City Commission Regular Meeting March 21, 2006 of some of their assets. He would like direction from the Commission to move forward with negotiations for early termination of the contract, which normally expires in August 30, 2006. He advised he would like to include the purchasing of their field assets (such as their bins) and commercial customers, which is for 370+ businesses. Commissioner Hood, seconded by Commissioner Johnson, moved to approve the termination and early release of Onyx Waste Services subiect to a timely and orderly transition to an in-house operation and directed the City Attorney to devise an aareement for the termination action. Motion carried 4-0, with Mayor Vanderarift away from the dais. The agreement will be brought back for approval at a later date. 11. Discussion Regarding an Early Retirement Option Window Under the Ocoee Municipal General Employees' Retirement Trust Fund. (Human Resources Director Carnicella) Amendment to the General Employees' Pension Ordinance to allow an Early Retirement Option window for employees with more than 30 years of service. These employees will be entitled to a normal retirement amount based on their years of service at the present 2.5% multiplier. These employees would not be subject to the age penalty provision for retiring before age 60. Foster & Foster, the General Employees' Pension Actuary has stated it will cost $37,291 to fund this early retirement option window. The anticipated savings from replacing the employees, by hiring replacements at the minimum of their respective pay grades is $59,782. Therefore, the savings to the City after payment ($37,291) is made for the cost of the early retirement option window will be $22,491. Human Resources Director Carnicella said the pension board has been looking at increasing some of the benefits, such as a 30 and out provision for all employees and/or an increased multiplier from 2.5% to 3%. After an actuarial study, it was found that those recommendations would be costly, particularly the 30 and out provision. After some discussion, the actuary was asked to do a cost analysis if the 30 and out option for those four current employees who have more than 30 years of service. The study showed that the City would realize a savings of $22,000, after paying the cost ofthe 30 and out provision, if they hired replacement employees at the minimum of their pay range. He wanted to get direction from the Commission to proceed, before bearing the cost of the legal issues need to be worked out by Pension Attorney Dehner and the Actuary, who will provide other impact statements required for the state auditors. Commissioner Anderson asked if this would be reviewed again for other employees who reached 30 years. Human Resources Director Carnicella suggested this type of study be done every 5 or 6 years and so if the numbers work out. Commissioner Hood asked if we can promote people from within for these four positions, and City Manager Frank said we will certainly look at qualified applicants from within. Commissioner Johnson seconded by Commissioner Keller moved to direct staff to move forward with an ordinance approvina a one-time early retirement option for current employees with 30+ years of service. Motion carried 4-0, with Mayor Vanderarift away from the dais. Page 6 of7 City Commission Regular Meeting March 21, 2006 I H. STAFF REPORTS 12. Certification of Ocoee General Election. (City Clerk Eikenberry) City Clerk Eikenberry displayed the results of the Ocoee General Election on March 14, 2006, as certified by the Canvassing Board on March 15, 2006. She said that residents should be aware that there is a run-off election in District Two, which will be held on April 11, 2006. I I. COMMENTS FROM COMMISSIONERS Commissioner Hood 1) asked about the COLA and Merit pay for police administration. City Manager Frank said the non-union members received COLAs and will receive merit increases on their anniversary dates, 2) asked about the basketball lights at Vignetti Park. Parks and Recreation Department Director Petrone said we have quotes now, and should be getting them in the next couple of weeks, 3) asked if we could get the light shields for Sorenson Park to direct the lighting into the field, similar to the soccer field, Consensus of the Commission was for Parks and Recreation Department Director Petrone to look into that and report back. 3) asked about Code Enforcement's progress on the Wurst Road convenience store with the broken signs. Community Development Director Wagner said they were working on getting new signs and he will look into why it is taking so long. Commissioner Anderson 1) reminded everyone of the Safety Spring Fling event on March 25, 2006, 2) reminded residents about the Spring Clean up on April 8 and 15th, and 3) said the Ocoee Boy Scouts and Cub Scouts are holding a Regional Pinewood Derby at the Beech Center on March 25, 2006, at 10:00 a.m. Packs from all around Central Florida will be here for the event. Commissioner Johnson asked how the purchase of 35 acres is progressing, and City Manger Frank advised that Asst. City Manager Croteau is handling it and it is progressing well. Commissioner Keller - reminded residents to get out and vote in the Run-off on April 11, 2006. Mayor Vandergrift- 1) asked Parks and Recreation Director Petrone to look into the Tree City USA designation for Ocoee, and 2) said Ocoee High School is working on a time capsule; they are purchasing a sealed vault, about the size of a coffin, and they need assistance with items to be placed in the capsule which will be opened in fifty years. The entire project will cost about $600, and he asked the Commission if they would be interested in helping them financially with this effort. Commissioner Johnson, seconded by Commissioner Hood, moved to donate ~600 to Ocoee Hiah School for the time capsule proiect. Motion carried 5-0. I ADJOURNMENT The meeting was adjourned at 9:05 p.m. Attest: Page 7 of7