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HomeMy WebLinkAbout04-18-2006 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida April 18, 2006 AGENDA 6:00 - 6:15 P.M. - Swearing in of Commissioner AD(~erson, District 2. 7:15 P.M. - REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum I B. PRESENTATIONS AND PROCLAMATIONS Proclamation - Municipal Clerks Week - April 30 - May 6, 2006. (Mayor Vandergrift) I C. COMMENTS FROM CITIZENS/PUBLIC I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE E. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEP ARA TEL Y. 1. Approval and Acceptance of the Regular City Commission Minutes of April 4, 2006. (City Clerk Eikenberry) 2. Appointment to the Code Enforcement Board. (City Clerk Eikenberry) The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members, all with three-year terms. The board currently consists of six (6) regular members and two (2) alternate members. Regular Member Carol Arney resigned in March and Alternate Member Denise Lenko stated at the last meeting that she would be resigning from the board this month due to relocation. Ms. Lenko said her last meeting would be April 25, 2006. Therefore, there is currently one (1) regular member position available and will be one (1) alternate member position available. Alternate Member Steve Ballard (District 2) has stated his interest in being appointed as a regular member. Two applications have been submitted for a position on the board as well: Shelly Simon (District 4) and Darrell Lowery (District 2). Staff recommends that the Honorable Mayor and City Commissioners move Steve Ballard to a regular member, and appoint Darrell Lowery and Shelly Simon as alternate members to the Code Enforcement Board. City Commission Regular April 18, 2006 3. Amendment to Resolution 2003-19 "Exhibit A," By-Laws of the CACOPD. (City Clerk Eikenberry) In September 1988, the City Commission adopted Resolution 88-06 creating the By-laws for the Citizen Advisory Council for the Ocoee Police Department (CACOPD). Since that time, several amendments have been adopted to the by-laws, with the most recent being 2003-19. The board membership, as defmed in the By-Laws, Article III (a) state "The CACOPD shall consist of no less than fifteen (15) and no more than twenty five (25) members." In a meeting on January 26, 2006, the CACOPD unanimously voted to keep the Board at the minimum of fifteen (15) because maintaining a board of up to twenty-five (25) and obtaining a quorum for each meeting was becoming increasingly more difficult. The.Board currently has 13 active members. Staff recommends the Honorable Mayor and Commission amend Exhibit "B" of Resolution 2003-19, reducing the membership of the CACOPD to 15 members, as requested by the CACOPD Board. 4. Appointment to the CACOPD Board. (City Clerk Eikenberry) The board currently has thirteen (13) members. One application was recently submitted for appointment of the Citizen Advisory Council for Ocoee Police Department (CACOPD); therefore staff recommends the City Commission consider appointing Beth Wozniak to the Citizen Advisory Council for Ocoee Police Department with a term ending January 1,2009. 5. Approval of Request for Reduction of Fine and Release of Lien for Code Enforcement Case No. 05-081, Katherine H. Von Schmidt and Georgiana Paul, 294 Sabinal Street. (Building Official Jones) The respondents were found in violation of erecting a fence without a permit. On August 23,2005, the Code Enforcement Board issued a Compliance Order for $25.00 per day until the violation was deemed in compliance. The property was brought into compliance on February 28, 2006. The current fme is $1475.00. The Code Enforcement Board recommended the fme be reduced to the amount of $147.00 to recover staff time and expenses. Staff agrees with the Code Enforcement Board's recommendation. 6. Approval of Revised Interlocal Agreement for Center Street 100-Year Retention Pond. (Public Works Director Zaitooni) City Commission previously approved this Agreement on December 6, 2005, and it was submitted for execution by the Orange County Board of County Commissioners. Orange County has now requested minor revisions to add provisions for insurance requirements during construction to the Agreement. Staff has reviewed the revisions and recommends approval by the City Commission. 7. Approval to Reject All Proposals for RFP #06-002 Replacement of Roofmg Systems at City Hall, Police Station, and Vignetti Park. (Purchasing Agent Tolbert) The City intended to award a contract for the replacement of all three roofs. The current budgeted amount is approximately $158,000.00. The RFP was advertised on March 5, 2006 and opened on April 5, 2006. There were two responses to this bid. The proposals were reviewed by the Public Works and Finance Departments. Staff recommends rejecting the proposals from Master Roofmg and Ryman Roofmg, revising the specifications to include only City Hall and the Police Department metal roof, and re-bid this project. 8. Approval to Purchase CIP Item in Excess of Budgeted Amount. (Parks and Recreation Director Petrone) The 2005/2006 FY budget included the purchase of a (New) Topdresser. The cost of the item has increased by $261.00 and funds need to be increased to cover the purchase cost. The Parks and Recreation Department is piggybacking off Florida state contract # 515-630-03-1. Staff is recommending approval to transfer funds from the parks operations account to cover the excess of $261.00. Page 2 of5 City Commission Regular April 18, 2006 I F. PUBLIC HEARINGS 9. Dr. Abound Variance Request. (Public Hearing Advertised in the Orlando Sentinel Orange Extra on Thursday, March 9,2006). (Principal Planner James) The original approval of the Wal-Mart Supercenter provided for restrictions to signage. Condition #18 stated that "... all outparcel users will conform to the master architectural, ~, lighting, and landscape plan prepared by Wal-Mart." (Emphasis added). Lot # is an outparcel was subject to these restrictions. On July 19, 2005, the City Commission approved an amendment to the Wal-Mart Preliminary/Final Subdivision Plans and Agreement modifying the master signage plans to allow this site to conform to the less restrictive Land Development Code Subsection 6-14. On October 27,2005, the Community Development Department received an application requesting a variance from the LDC Subsection 6-14 to place an additional 36 square foot wall sign on the rear of the building facing Blackwood (See attached site plan for the sign location and the proposed sign). The application stated that the signage was needed on Blackwood Avenue since this roadway was well traveled, and the small addition in signage was necessary for the commercial viability of the medical office. Based recommendations of the Board of Adjustment, Staff recommends that the Mayor and City Commission make a fmding under Subsection 4-9 B. (2) and (3), that: (1) The reasons set forth in the application do not justify granting a variance; (2) the denial of the variance will still allow for the reasonable use of the land and buildin2; and (3) the granting of the variance will not be in harmony with the general purpose and intent of these regulations and will be injurious to the surrounding territory, or otherwise be detrimental to the public welfare. Staff further recommends that the Mayor and City Commission deny the MGF/Dr. Adoud variance request regarding increased square footage and location of signage on the rear of the building. ORDINANCE SECOND READINGS 10. Approval of an Ordinance Relating to Early Retirement Option Window Under the Ocoee Municipal General Employees' Retirement Trust Fund. (Public Hearing Advertised in the Orlando Sentinel Legal Notices on Friday, April 7, 2006). (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. 11. Ordinance Establishing the eRA. (Public Hearing Advertised in the Orlando Sentinel Legal Notices on Friday, April 7, 2006). (Assistant City Manager Croteau) On September 21, 2004, the City Council adopted a resolution fmding a certain defmed area of the City of Ocoee had conditions of "blight" as that term is defmed in the Community Redevelopment Act. The next steps in the process of redeveloping that area in accordance with the Act are: (i) create a Community Redevelopment Agency; (ii) adopt a redevelopment plan; and (iii) create a redevelopment trust fund and provide for the deposit therein of increment revenues attributed to the redevelopment area. The Redevelopment Act states that in a county that has adopted a home rule charter all redevelopment powers are vested in the county. A municipality located within such a county may exercise redevelopment powers under the Act only if the governing body of the county has delegated those powers to the governing body of the city. ~ 163 .400, Florida Statutes. Orange County had adopted a home rule charter. On March 21, 2006, the Orange County Board of County Commissioners unanimously approved the CRA Resolution, and an Interlocal Agreement with the City of Ocoee delegating authority for creating and managing a community redevelopment agency to the City. The attached ordinance officially creates the Community Redevelopment Agency (CRA). The Agency will be governed by a board made up of the five City Commissioners and two appointed members. The Page 3 of5 City Commission Regular April 18, 2006 City has agreed in the Interlocal Agreement to appoint one member to the CRA Board that the Orange County Board of County Commissioners nominates. Once the Ordinance is enacted the next steps will be to adopt a redevelopment plan and to create a redevelopment trust fund. I G. ORDINANCE FIRST READINGS 12. Mid Year Budget Amendment. (Second Reading and Public Hearing scheduled for May 2, 2006). (Finance Director Horton) The budget adopted for fiscal year 2006 requires amendment to reflect a) the change in solid waste charges resulting in additional revenues needed to fund in-house services, b) the change in stormwater charges resulting in additional funding for stormwater projects, c) funding for General, Impact Fee, and Repair and Replacement fund expenditures not included in the original budget. The budget has to be amended to authorize the increased funding and related expenses. The adopted budget will increase $2,398,000. I H. REGULAR AGENDA I 13. Execution of the Real Estate Sale and Purchase Agreement for Two (2) Parcels of Land Owned By the Orlando-Orange County Expressway Authority. (Senior Planner Fabre) The "Industrial Parcel" (AKA: Parcel 62-105) - The City of Ocoee has petitioned the Orlando-Orange County Expressway Authority to acquire approximately 2.5 acres of land along SR 429. The purchase price to be paid for the land is $275,000. The City intends to purchase this land to facilitate a future roadway that will eventually link Roper Parkway and Bowness Road. The "Pine Street Parcel" (AKA: Parcel 62-131/132) - The City of Ocoee has petitioned the Orlando-Orange County Expressway Authority for approximately 13 acres of surplus land along SR 429. The purchase price to be paid for the land is $390,000. The City was requested to purchase (via SJRWMD Participation Agreement funds) this land to facilitate an environmental educational park that would also function for wetland restoration and drainage enhancement. 14. Discussion, Direction, and Approval of Commercial Solid Waste Service. (Public Works Director Zaitooni) City's Commercial & Multi-Family Contract with Onyx Waste Services will expire at the end of August 2006. The City will have the option of extending the Contracts for another two (2) years or negotiate a limited term service with the current hauler. In a work session held on October 19, 2005, staff presented the available options to the City Commission regarding the commercial and multi- family garbage and requested direction from City Commission. Based on direction from City Commission, staff has determined the best course of action is to operate the commercial and multi- family franchise in-house in conjunction with the residential curbside service. Staff recommends (1) approval of the in-house operation of the commercial solid waste, (2) direct staff to bring back a resolution to establish new commercial rates effective September 1, 2006, (3) direct staff on funding contribution level to residential curbside operation, and (4) approve purchase ofthe commercial solid waste trucks and bins as recommended by staff. 15. Appointments to the CRA Board. (Assistant City Manager Croteau) As authorized by Section 163.357 (1) (c) of the Florida Statutes, and as provided in the Interlocal Agreement with Orange County, the governing board of the City of Ocoee Community Redevelopment Agency shall consist of the five members of the City Commission plus two individuals appointed by the City Commission. Per the Interlocal Agreement with Orange County, one of the appointed members will be nominated by Orange County and appointed by the City Commission. With the creation of the Community Redevelopment Agency (CRA), it is time for the Board to nominate an individual to fill one of the two vacant positions on the CRA Board. Staff is seeking nominations and a selection for this position. The term of office of the appointed members shall be four years, except that the first person appointed shall initially serve a term of two years. Page 4 of5 City Commission Regular April 18, 2006 16. Approval of Funding and Transfer of Same From Contingency in Accordance with the Recommendations Regarding the Salary Study, Effective April 1, 2006. (Human Resources Director Carnicella) HRMP had completed a salary study provided to the City Commission in November 2005. The Human Resources Director was directed by the Commission to review the same and analyze any internal and external equity issues. This review by the Human Resources Director included consultations with HRMP, Department Directors and staff, along with reviewing personnel files, other historical data and a review of external pay plans from other jurisdictions in an effort to identify internal and external equity issues and be more competitive in the market. Staff recommends the Commission approve transferring the necessary funds from the respective contingency accounts to the individual departments to effectuate the salary adjustments contained in the report dated March 29, 2006. I I. STAFF REPORTS I J. COMMENTS FROM COMMISSIONERS I ADJOURNMENT PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTES 286.0105: ANY PERSON WHO DESIRES TO APPEAL ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. ALSO, IN ACCORDANCE WITH FLORIDA STATUTE 286.26: PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE CITY CLERK, 150 N. LAKE SHORE DRIVE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE OF THE MEETING. Page 5 of5