HomeMy WebLinkAbout07-19-05 Minutes
MINUTES
OCOEE CITY COMMISSION
July 19,2005 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 Board member Debra
Booth, led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared
a quorum present.
Roll Call: Mayor Vandergrift, Commissioner Anderson, Commissioner Howell, Commissioner
Johnson, and Commissioner Parker.
I B. PRESENTATIONS AND PROCLAMATIONS
Proclamation - National Night Out - August 2, 2005. (Mayor Vandergrift)
Presentation of Chair to John Linebarier in Appreciation of His Years of Service as Code
Enforcement Board Member and Chairman. (Mayor Vandergrift)
I C. COMMENTS FROM CITIZENS/PUBLIC I
Debra Booth, 917 Bloomington Court - asked that the City be more cautious cutting back
vegetation around the Northwest side of Starke Lake, some of the trees were removed and it was
cut to deep into the marsh area.
R.P. Monacky, 1820 Prairie Lake Blvd.- discussed the repair of potholes on Prairie Lake Blvd.
Rosemary Wilson, 1019 Shady Maple Circle -announced she is selling license plates, tote bags,
and t-shirts as a member of the Ocoee High School PTSA. The funds will be used for the school
nurse program.
I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Mayor Vandergrift - 1) announced the Open House at Ocoee High School on July 30, 10:00
a.m. to 4:00 p.m. Lunch (old fashioned fish fry) will be served from 11 :00 p.m. - 2:00 p.m., and
2) said West Oaks Elementary school will have school immunizations on July 30, 2005, from
10:00 a.m. to 7:00 p.m.
Commissioner Johnson - none
Commissioner Parker - said the CACOPD Board is asking for sponsorship funds for the
National Night Out event and to purchase the Angel Alert and other items to distribute to
members of the community.
Commissioner Parker, seconded by Commissioner Anderson, moved to approve
the City donate sponsorship funds to the Citizens Advisory Council of the Ocoee
Police Department (CACOPDl, expendina $750.00 from the Commission
Continaency Fund. Motion carried 5-0.
Commission Anderson - none
Commissioner Howell- thanked the Fire Department for their quick response to his son's
accident on Friday, who was struck on his bicycle by a hit and run vehicle. His son was not
seriously injured.
City Commission Regular Meeting
July 19,2005
I E. CONSENT AGENDA
1. Approval and Acceptance of the Regular City Commission Minutes of July 5, 2005.
(City Clerk Eikenberry)
2. Resolution Accepting the FDOT Surplus Property (Physical Address 9969 West
Colonial Drive) for Public Purpose of a Future Public Roadway. (Senior Planner
Fabre)
The City of Ocoee has petitioned F]orida Department of Transportation (FDOT) for approximately four (4) acres of
land along SR 50 (West Colonial Drive). The City has requested this land to facilitate a future (north-south) public
roadway that will eventually link with Montgomery Avenue (Ocoee Commons PUD) and SR 50. Specifically, the
subject property is located on the north side of SR 50 (W. Colonial Drive) and between Blackwood Avenue and
Clark Road. The property's physical address is 9969 W. Colonial Drive and is identified by the parcel ID # 2]-22-
28-0000-00-008. Resolution 2005-008 adopted on Consent Agenda
3. Resolution for School Nurse Program. (Multimedia/Community Events Manager
Elliott) (This item pulledfor discussion, and then voted on as part of the Consent Agenda)
Health Central has been assisting with the School Nurse program over the years; however, some funding for this
program is being reduced. The Education Commission feels that the Schoo] Nurse Program is vital to the education
system and the well being of our community children. In support of the program they have created a School Nurse
Resolution and are asking for the City Commissions approval and support of the resolution.
Resolution 2005-009 adopted on Consent Agenda
4. Resolution to Implement a K-8 Model School in Ocoee. (Multimedia/Community
Events Manager Elliott)
The Ocoee Education Commission desires to specifically urge the Orange County School Board to consider
implementing a K-8 schoo] in lieu of any proposed or future elementary or middle schools in the City of Ocoee. In
support of this desire, they have created a K-8 Schoo] Reso]ution and are asking for the City Commissions approval and
support of the resolution. Resolution 2005-010 adopted on Consent Agenda
5. Consideration of Florida Cities of Excellence Awards. (Multimedia/Community
Events Manager Elliott)
This city is submitting a nomination form for the Florida Cities of Excellence Awards in the City Spirit category.
The rules and regulations for the award program mandate that City Commission vote on the nomination form and
that a majority approve the award submittal. The submittal packet must be submitted to the Florida League of Cities
by August 20, 2005.
6. Consideration of MVP Change of Scope - Lake Olympia Home Owner's Association
(HOA). (Multimedia/Community Events Manager Elliott)
Due to the Hurricane devastation last year, Lake Olympia HOA has approached city staff about changing the scope
of the originally approved project. The new scope includes repair of the associations flagpole located in the median
at the entranceway of Olympia and Silver Star. The cost to replace the flagpole is $1600. With the remaining funds
in the amount of $900 from the MVP grant amount of $2500 they wish to upgrade and enhance their entranceway at
Adriatic and Clarke.
7. Consideration of Additional Funds for Cost Overrun for FY 04-05 Resurfacing
Projects. (Public Works Director Zaitooni)
On February ],2005, City Commission authorized $161,298 ($158,298 plus $3,000 contingencies) for the fiscal
year 04-05 resurfacing projects to Orlando Paving Company, Inc. The actual final cost is $165,119.92 due to
additional tonnage required for base repair for Spring Lake Circle. In order to pay the final invoice, staff is
requesting an additional $3,821.92 from the General Fund Contingency.
8. Consideration for Purchase of a Key Making Machine and Accessories. (Public
Works Director Zaitooni)
City Facilities Maintenance Division spends substantial staff time and money on making copies of existing keys for
the City buildings and whenever a building is re-keyed. Staff recommends a one-time purchase of a key making
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City Commission Regu]ar Meeting
July 19,2005
machine and accessories estimated at $3,100 to (1) minimize the material costs & labor charged by vendors, and (2)
to reduce delays in copying keys and re-keying buildings. Staff recommends using the savings from the capita]
purchase of an AC system for the Community Center, which was budgeted at $30,000 in fiscal year 04-05 with
actual cost of$24,630, a savings of$5,370.
9. Consideration for Award of Bid #B05-13, Changeable Message Sign. (Purchasing
Agent Tolbert) (This item pulled for discussion, and then voted on as part of the Consent
Agenda)
The specifications are for a solar powered, trailer-mounted, portable and changeable message sign with full matrix.
All LED capable of alphanumeric text and graphics. The budget includes $25,000 for this item, which includes the
cost of the sign and a laptop computer to be provided by the City. The bid was publicly advertised on June 5, 2005,
and opened on June 28, 2005. There were two (2) responses to this bid. The Public Works Department and Finance
Department have reviewed all bids. Staff recommends awarding the bid to K&K Systems, Inc. as the most
responsive and responsible bidder.
10. Consideration for Award of Bid #B05-14, Sign Printer/Cutting Plotter. (Purchasing
Agent Tolbert) (This item removedfrom the agenda to be heard at a later date)
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.
The bid was publicly advertised on June 5, 2005, and opened on June 29, 2005. There were two (2) responses to
this bid. The Public Works Department and Finance Department have reviewed all bids. Staff recommends
awarding the bid to Sign Supply USA as the most responsive and responsible bidder.
11. Consideration for Construction and Maintenance Agreement with Oaks of
Windermere Subdivision. (City Engineer Wheeler) (This item was pulled from Consent
Agenda and voted on separately.)
Commissioner Anderson. seconded by Commissioner Howell. moved to pull
Items 3. 9. 10. and 11 from the Consent Aaenda for discussion. Motion carried 5-
O.
City Manager Frank advised that there had been a slight change to the resolution under Item
#4, and the amended resolution to be voted on has been distributed to the Commission.
Commissioner Anderson discussed items he pulled from the agenda 1) Item#3 had Debra
Booth explain the purpose and effect of the School Nurse Program, and why it needs additional
funding, and discussion followed regarding various other ways to fund the program 2) Item #9,
asked Public Works Director Zaitooni what we are using right now for changeable message
signs, to which Mr. Zaitooni advised at this time we rent them from FDOT on an as-needed
basis, and the cost is approximately $1000/wk. 3) Item #10, asked Public Works Director
Zaitooni to explain the $6,000.00 difference between two bids that were submitted, to which Mr.
Zaitooni advised staff was going to ask to pull this item from the agenda because they need to
clarify some of the specs in the bid. Consensus of the Commission. withoutobiection.
was to pull this item off the aaenda to be brouaht back at the next meetina.
4) Item #11, asked City Engineer Wheeler about his concerns with spending money and
resources on drainage issues for areas outside the City and not getting any reimbursement. Mr.
Wheeler advised that there is no money being spent, it will be done at the engineers expense,
who will pay for the permitting and the contractors; the agreement before the Commission is a
Construction Agreement to cover the City for any problems during construction, and to establish
that the Homeowners' Association will be responsible for maintaining it. Discussion followed
regarding: the annexation of the Oaks of Windermere into Ocoee; the overflow of stormwater
being routed through our system and the authority that we have to turn the pump off if problems
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City Commission Regular Meeting
July] 9, 2005
arise; the study done by PEC stating that the water would flow through the wetlands and
drainage system, including the City system, and would not have any effect on the system; the
City's only expense is staff time for Public Works Director Zaitooni, City Engineer Wheeler, and
City Attorney Rosenthal; the permitting will be done by Orange County, the City of Ocoee, and
St. Johns Water Management; the water will be coming from a County residential area, into a
County drainage system, and flowing into Lake Downs, which is controlled by the County. The
segment involving the City of Ocoee will be very small.
Consensus of the Commission to vote on Item #11 separate from the Consent
Aaenda.
City Attorney Rosenthal read the title of the resolutions for Items 2, 3, and 4.
Consent Aaenda Vote:
Commissioner Parker. seconded by Commissioner Anderson moved to approve
Consent Aaenda. Items #1 throuah #9 as presented. removina Item #10 from the
aaenda. movina Item #11 to the reaular aaenda be voted on separately. and
includina Resolution No. 2005-008. 2005-009. and 2005-010 under items 2. 3. and
4. Motion carried 4-1, with Commissioner Johnson opposed.
11. Consideration for Construction and Maintenance Agreement with Oaks of
Windermere Subdivision. (City Engineer Wheeler) (This item was pulled pam the
Consent Agenda to be considered separately)
The Oaks of Windermere, a neighboring community to Ocoee is experiencing a stormwater flooding condition again
this year. The HOA is requesting that Ocoee allow the installation of an overflow pipe to allow their storm water
system to discharge excess water through the City and on to Lake Down. Staff has negotiated a Construction and
Maintenance Agreement for the Oaks of Windermere Overflow Pipe. Staff recommends that the City Commission
approve the Agreement and authorize the Mayor and City Clerk to execute the Construction and Maintenance
Agreement Oaks of Windermere Overflow Pipe.
After the Consent Agenda vote, further discussion continued regarding Item # 11, Construction
and Maintenance Agreement with Oaks of Windermere Subdivision.
Commissioner Anderson. seconded by Commissioner Howell moved to decline
Item #11. advisina staff not to be a part of the maintenance aareement. No vote
was taken at this time. due to subseauent discussion.
Ann Popp, 1018 Parkwood Cove Court, Gotha, member of Oaks of Windermere HOA, said they
have been having flooding problems for a long time, even before the hurricanes, and are getting
no help from the County because they are a gated community. She said she would have no
problem with annexing into Ocoee, but cannot speak for the other 74 homes in the neighborhood.
Discussion occurred among the Commission, City Engineer Wheeler, and Ms. Popp.
After the discussion. a vote was taken on the motion. Motion failed 0-5.
Commissioner Anderson, seconded by Commissioner Howell, moved to approve
Item #11. based on staff recommendations. Motion carried 5-0.
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City Commission Regu]ar Meeting
Ju]y 19,2005
I F. PUBLIC HEARING
12. Wal-Mart Supercenter. Advertised Sentinel Orange Extra, Thursday, July 7, 2005. (Planning
Manager Armstrong)
The original approval of the Wal-Mart Supercenter provided for development restrictions relative to signage whereas each out
parcel is limited to ] 00 square feet for signage. If the outparce] includes a monument sign, the maximum copy area permitted is
36 square feet and that is subtracted from the overall ] 00 square feet. The Preliminary and Final Subdivision Plans will need to
be amended due to Condition of Approval # ] 8 which required all outparcels to conform to the Wal-Mart signage standards. The
Agreement for Modification of the Wal-Mart Master Signage Plan will allow the tenant spaces within Lot 5 to be subject to the
Land Development Code in regards to signage standards. Due to the amount of tenant spaces within Lot 5, staff supports the
signage modification.
a. Amendment to the Preliminary/Final Subdivision Plan (with Respect to Master Sign age
Plan). (PUBLIC HEARING)
b. Agreement for Modification to the Wal-Mart Master Sign age Plan. (NOT A PUBLIC
HEARING)
Planning Manager Armstrong gave a summary ofItems 12a & 12b.
Mayor Vandergrift opened the Public Hearing for Item 12a, Amendment to the
Preliminary/Final Subdivision Plan. There being no one wishing to speak, Mayor Vandergrift
closed the Public Hearing.
Commissioner Howell. seconded by Commissioner Parker. moved to approve
Item #12a. based on staff recommendations. Motion carried 5-0.
Commissioner Anderson, seconded by Commissioner Howell. moved to approve
Item #12b. based on staff recommendations. Motion carried 5-0.
I G. REGULAR AGENDA
13. Appointments to the Code Enforcement Board. (City Clerk Eikenberry) (Continued
from July 5, 2005, City Commission Regular Meeting)
The board consists of seven (7) regular members and two (2) alternate members. Chairman John Linebarier
(District 2) resigned effective May 17, 2005, leaving a regular member opening on the board and Member Konicek
(District 3) resigned effective June 27, 2005, leaving an alternate member opening on the board. App]icants, James
Morton and Steven Ballard, both from District 2 have indicated interest in serving on the Code Enforcement Board.
Commissioner Johnson. seconded by Commissioner Anderson. moved to
appoint Carol Nelson to a reQular position on the Code Enforcement Board.
Motion carried 3-1. with Commissioner Howell away from the dais. and Mayor
VanderQrift opposed.
Commissioner Anderson. seconded by Commissioner Howell. moved to appoint
James Morton to the alternate position. Motion carried 5-0.
Commissioner Anderson and Commissioner Howell rescinded their motion and
second.
Consensus of the Commission. without obiection. was to allow Commissioner
Howell to brina back the name of a person from his district to fill the alternate
position.
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City Commission Regular Meeting
July 19, 2005
14. Appointment to the Planning and Zoning Commission. (City Clerk Eikenberry)
The Planning & Zoning Commission was created by Ordinance No. 516 on September 15, 1970. The purpose of this
commission is to guide action-affecting development in the City and its environs. It also determines whether special
proposed developments conform to the principles and requirements of the Comprehensive Plan and acts in advisory
capacity to the City Commission. The board consists of nine (9) regular members, who serve three (3) year terms. The
three (3) year term of Joel Keller (attended 22 of 24) ends July 2005. Staff recommends that the Honorable Mayor and
City Commissioners reappoint Joel Keller or appoint Conrad Taylor or Phyllis Neal-Wilson to serve a three-year term on
the Planning & Zoning Commission.
Commissioner Howell. seconded by Commissioner Johnson moved to reappoint
Joel Keller to the Plannina and Zonina Board. Motion carried 4-0. with Mayor
Vanderarift away from the dais.
15. Offer of Judgment - City of Ocoee v. Clifton and Lillie Belle Bowers: Parcels 122,
123, and 124. (City Attorney Rosenthal)
The three parcels are adjacent to one another and located on the north side of Old Winter Garden Road at its intersection
with Arlington Avenue. Each parcel is a fifty-foot right-of-way acquisition. Parcels 122 and 123 are vacant and
unimproved. Parcel 124 is improved with a small single family dwelling built in 1966 containing 914 square feet. The
home was unoccupied at the time of taking and is in very poor condition. It is respectfully recommended that the
Commission file an Offer of Judgment in the aggregate amount of $110,000 for parcels 122, 123, and 124, previously
owned by Clifton and Lillie Belle Bowers.
Commissioner Johnson. seconded by Commissioner Howell moved to serve an
Offer of Judament on Clifton and Lillie Belle Bowers in the eminent domain
Iitiaation case. per the recommendation of City Attorney Solik. Motion carried 4-
0, with Mayor Vanderarift away from the dais.
16. Consideration for Street Lighting Project Candidate Lists. (Public Works Director
Zaitooni)
On June 7, 2005, staff presented the cost proposal submitted by Progress Energy for street lighting on South Maguire
Road. At the conclusion of the presentation, City Commission instructed staff to evaluate other significant street lighting
candidate locations in the order of priority for inclusion in future CIP program. Staff has evaluated all known locations
from the files and has formulated the following list in the order of priority: 1) Orlando A venue, from east of Hammock
Drive to City limits east of Clarke Road - Estimated cost $60,000, 2) A.D. Mims Road, from Clarke Road east to City
Limits (upgrade and new) - estimated cost $50,000, and 3) Maguire Road, from end of current lighting south to City
Limits - estimated cost $48,000.
After a discussion on the three Iiahtina proiects. the Consensus of the
Commission was to brina back this item durina the budaet workshops and decide
what proiects can still be done this year.
17. Set Public Hearings and Workshop Dates for Budget FY 05/06. (Finance Director
Horton)
Workshops are held during August to discuss the proposed budget for the upcoming fiscal year. Public hearings are
required by the TRIM act and serve as a mechanism to notify the citizens of the proposed budget and allow their input.
Staffhas reviewed the calendar and recommends at least two of the following dates be selected for the budget workshops:
August 4,8, 17,29,30, and 31. Staff recommends the Commission select one combination of dates from the following for
the public hearings: a) September 14th and 28th, b) September 15th and 29th, or c) September 16th and 30th.
Mayor Vanderarift. seconded by Commissioner Parker moved to set the dates for
the budaet workshops for Auaust 10 & 17. 2005 at 7:00 p.m., and to set the dates
for the Public Hearinas for September 15 & 29. 2005. Motion carried 5-0.
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City Commission Regular Meeting
July 19,2005
18. Set Millage Rate for FY 05/06. (City Manager Frank)
The TRIM timetable requires the City to advise the County Property Appraiser of the FY 2006 proposed millage
rate by August 2,2005. The property value increase over last year is $256,040,472. One mil generates $1,643,617.
The rolled-back rate is 4.1158 per $1,000 oftaxab]e value and would produce $6,764,797 in revenue. (This would
be an increase of $411 ,220 over current year revenue) The current rate of 4.5 789 per $1,000 of taxable value would
produce $7,525,956 in revenue. (This would be an increase of$I,I72,379 over current year revenue.) An increased
millage rate of 4.7500 would generate $7,807,178 in revenue. (This would be an increase of $1,453,601 over
current year revenues) An increased millage rate of 4.9500 would generate $8,135,902 in revenue. (This would be
an increase of$],782,325.)
Commissioner Anderson - said if we set the tentative millage rate high he is concerned that we
will try to balance the budget based on the higher rate. He said he would like to see the budget
balanced at the current millage rate of 4.5789, and then use the money from a higher millage rate
for acquisition of properties or specific projects.
Commissioner Johnson- said we need to set the millage rate high now, and we can reduce it
once we are in the budget process, as necessary. He is in favor of property acquisition, and
building a new police department, but feels another priority would be to set the employees
salaries to be more equitable throughout all departments in the City.
City Manager Frank- said we are not recommending the millage rate be set at 4.95, it is just the
highest we could go without notifying every taxpayer by first class mail. We can balance the
budget at the current millage 4.5789, and then give a list of optional projects, programs,
employee raises, and capital items that we can fund for any millage rate above that rate.
Commissioner Parker- said she does not want the millage rate to go up to 4.95, but she will
vote on that as a tentative rate to give them some parameters for the upcoming budget hearings.
Commissioner Johnson. seconded by Commissioner Parker, moved to set the
proposed millaae rate at 4.95 mils for FY 05/06 per staff recommendation. Motion
failed 2-3. with Commission Howell, Commissioner Anderson. and Mayor
VanderQrift opposed.
Further discussion followed. City Manager Frank said they will balance the budget at the
current rate of 4.5789 mils and allow options for additional add-on projects, programs and capital
items that can be funded for any millage rate above that, up to 4.95 mils.
Mayor Vanderarift. seconded by Commissioner Parker. moved to set the
proposed millaQe rate for FY 05/06 at 4.95, per staff recommendation. Motion
carried 3-2 with Commission Howell. and Commissioner Anderson opposed.
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City Commission Regular Meeting
July 19, 2005
19. Discussion Re: Prairie Lake Park. (City Engineer Wheeler)
City Manager Frank introduced the new Parks and Recreation Director, Vito Petrone. Mr.
Petrone thanked the Commission for the opportunity.
City Engineer David Wheeler and Parks and Recreation Director Petrone gave a
presentation on the proposed development phases of Prairie Lake Park.
Commissioner Parker said this property is a unique piece of property that we need to create
something special on, she likes the overall concept that has been presented, and she is in favor of
having staff move forward with the first phase.
Commissioner Parker, seconded by Commissioner Howell moved to direct staff
to proceed with Phase 1A. at a proposed cost of $220.000.00. usina $75.000.00
from this year's capital budQet and additional fundina from the Recreational
Parks Impact Fees. Motion carried 4-0. with Mayor VanderQrift away from the
dais.
I H. STAFF REPORTS
City Manager Frank said he has gathered information from the survey for the naming of the
SeniorNeteran's Center and presented it to the Commission.
Commissioner Johnson. seconded by Commissioner Anderson. moved to name
the new SeniorNeteran's Center "Tom Ison Veterans & Senior Center". Motion
carried 5-0.
Mayor Vandergrift suggested we give the list of names in this survey, of those residents who
have cont~ibuted so much to the City, to developers who may be looking for street names.
City Manager Frank introduced the new Human Resources Director, Jim Carnicella. Mr.
Carnicella spoke to the Commission and gave some background information about himself and
thanked the Commission for the opportunity.
I I. COMMENTS FROM COMMISSIONERS
Commissioner Parker - none
Commissioner Johnson - stated he did not want the City to switch to a new health care provider
until it came before the Commission for discussion. Consensus of the Commission was
for staff to brinQ back a report to the Commission comparinQ the costs and
benefits of the proposed chanaes.
Commissioner Anderson-none
Commissioner Howell - asked if anything needed to be done at this time with regard to the City
Manager's Contract, to which City Attorney Rosenthal said that his memo stated that the only
action that would need to be taken tonight is if the intent is to inform the City Manager that you
do not wish to renew the contract, otherwise the evaluations and any action involving changes to
the contract before the current one expires on September 30, 2005.
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City Commission Regular Meeting
Ju]y 19,2005
Consensus of the Commission was to place an item on the next aaenda to set a
date for a workshop to discuss the City Manaaer's Evaluation and Contract.
I ADJOURNMENT
The meeting adjourned at 10:05 p.m.
Attest:
APPROVED:
City of Ocoee
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