HomeMy WebLinkAbout10-21-14MINUTES
October 21, 2014, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL T ORDER
Mayor Vandergrift called the regular session to order at 7:17 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 Grogan. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson, and Commissioner Keller.
IB. PRESENTATIONS AND PRO _ _
Victoria Laney briefly spoke about the Week of the Family events that will kick off starting
November 1 -8, 2014. This event will include a. Children's Expo to be hosted at the West Oaks
Mall on November 1 & 2 "d from 10am- 5pm. Ms. Laney further proudly announced that there
are two students from West Orange High School that have won 1 and 2 d prize in the "Why I
Love My Family" essay contest that was judged by the Board of Writers Association. She will
invite the winners to the November 0 meeting when the Mayor proclaims the Week of the
Family.
L COM MENTS FROM CITIZENS /PU BLIC - Non
1). STAFF REP ORTS AND A GENDA REVIEW
City Manager Frank announced the following:
1) An emergency item was placed on the dais in front of them for consideration, Mayor
Vandergrift declared the item below an emergency.
Emergency Item — Approval of Two -Year Warranty Surety and Maintenance, Materials,
and Workmanship Escrow Agreement and Easement Agreement with Family Dollar Stores
of Florida, Inc. for the Family Dollar Store on Wurst Road. (City Engineer Wheeler)
City Engineer Wheeler briefly explained that SB Ocoee FDS, L,L,C needs to get their certificate
of completion which the warranty bond and letter of credit are the last two items they need in
order to receive that. Family Dollar is planning to open by November l
Commissioner Grogan, seconded by Commissioner Johnson, moved to approve
the Two -Year Warranty Surety and Maintenance, Materials, and Workmanship
Escrow Agreement and Easement Agreement with Family Dollar Stores of Florida,
Inc for the Family Dollar Store on Wurst Road per staff's recommendation.
Motion carried 5 -0.
--- - - - - -- —
�OMM ANNOU
Commissioner Grogan — announced the City of Ocoee's Parks and Recreation Department will
hold its 7th annual Haunted House continuing through this weekend. The house is located at 951
Ocoee- Apopka Road. This year's hours are Friday & Saturday October 24 & 25 from 7 -11
PM. There will be a hay ride, games and refreshments in addition to the Haunted House. The
Regular City Commission
October 21, 2014
"Haunted Walk" is back this year as well. Admission is $3.00 each for the house and for the
walk. We encourage everyone to bring non - perishable food items for the West Orange Christian
Service Center.
Commissioner Wilsen — announced the City of Ocoee will celebrate its 2nd Annual Holiday
Tree bighting Celebration on Saturday, December 6th at the historic Withers - Maguire House and
Ocoee Lakeshore Center. The holiday event is open to the public and includes a snow slide,
pony rides, horse and carriage rides, face painting, s'mores making, train rides, rock climbing,
bounce houses, silent wreath auction and many other activities. Santa Claus will visit with
children in the Withers - Maguire House to find out who has been naughty or nice. The tree
lighting will take place at 6:00 p.m. on the lawn of the Withers- Maguire House. The Friends of
Ocoee History Preservation will also be providing tours of the house where people could learn
how holidays were celebrated at the turn of the century.
Commissioner Johnson — 1) announced the Ocoee Founder's Day Golf 'Tournament is this
Friday, October 24' at Forest Lake Golf Course. Registration begins at 11:30am with shotgun
start at 12:30pm. Entry fees are $80 per person or $300 per foursome. They currently have 32
teams and have space available for 4 more teams. Prizes will be awarded. 2) announced the City
of Ocoee's 21st Annual Founders Day Festival will be held Friday, November 7th and Saturday,
November 8th. This year's entertaimnent will feature Kellie Pickler and Josh Thompson on
Friday, and Chris Young, Swon Brothers, and the Bellamy Brothers on Saturday. There will be
Carnival Rides, Food Vendors, a "Chick -fil -A" 5K Race, Poker Run, Fireworks, Marketplace
Arts n' Crafts, Fishing Tournament, Classic Car Show and much more.
Commissioner Keller — announced the Ocoee Fire Department in conjunction with the
Citizen's Advisory Counsel for the Ocoee Fire Department (CACOFD) and Fire Prevention
month will be hosting an open house at Ocoee Fire Station #26 located at 1500 N. Clarke Road
in Ocoee on Saturday October 25, 2014, from IOam until 2pm. The open house event will
include tours of the fire station, fire engine, and other equipment along with free hot dogs, sodas,
and popcorn for everyone. Also included will be free fire helmets, coloring books and other fire
prevention handouts for the kids, and free blood pressure checks for the adults. Residents will
also be able to get information on the department's free smoke detector program. Come meet
your local firefighters and enjoy some great family fun.
Mayor Vandergrift -- 1) announced December 6 t " is the City's Annual Christmas parade as well
as the Tree Lighting Celebration that evening. 2) Fire Inspector Sorenson announced the Fire
Department will be having their Operation Santa program again this year. They will be looking
for volunteers to help out with riding on the float, driving trucks, and passing out candy of
course. The dates for the event are December 2, 4, 8, 10, 16, and 18th. Rain out dates is 15th and
the 19th if needed. "They are encouraging residents to pick up new toys for the Police
Departments Toys for Kids in Need Program which they will collect during their drive by. Police
Chief Brown briefly announced they have not posted the dates yet for the signing up of the Toys
for Kids in Need Program but will be doing so very soon.
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Regular City Commission
October 21, 2014
F. CONSENT AGENDA
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the
Consent Agenda Items #1 through #5. Motion carried 5 -0.
1. Approval of Minutes for the Fire Services Workshop Held August 27, 2014, Final
Budget Hearing Held September 17, 2014, and Regular Commission Meeting Held
October 7, 2014. (City Clerk Eikenberry)
Approved on Consent. Motion carried 5 -0.
2. Reappointments to the Violations Hearing Board. (City Clerk Eikenberry)
The Violations hearing Board consists of seven (7) members of which two must be members of the Citizens
Advisory Council of the Ocoee Police Department (the "CACOPD "). Additional members of the Violations
Hearing Board may also be members of the CACOPD. All members of the Violations Hearing Board must be
residents of the City of Ocoee, own real property in Ocoee, or be an owner of a businesses located in Ocoee.
Member Amey was appointed by Commissioner Johnson and Member Garland was appointed by
Commissioner Hood. Both members have declared an interest in serving another 2 -year term.
Approved on Consent. Motion carried 5 -0.
3. Approval of 2014 /2015 Budget Equipment Purchase — Mower Replacement. (Public
Works Director Krug)
The Public Work's Streets Division incorporated replacement of the right of way mowers in this fiscal year.
One mower was replaced early per Commission approval at the July 15, 2014, meeting due to a catastrophic
engine failure during the height of the snowing season. The remaining three (3) mowers will be replaced with
the same previously selected model from Hustler Turf Equipment, Inc. The Hustler Super Z mowers are
available through the competitively bid State of Florida Contract #760- 000 -10 -1, provided and warrantied
locally through Pounds Mower & Supply, Inc. The contract cost for a 60" mower is maintained at $10,437.96,
and less than competitors' model costs.
Public Works recommends approval to purchase the replacement Hustler Super Z 60" mowers through the State
of Florida Contract 4760 - 000 -10 -1 at the bid price of $10,437.96 per mower for a total of $31,313.88.
Approved on Consent. Motion carried 5 -0.
4. Approval of State Traffic Signal Maintenance and Compensation Agreement
Amendment, Phase 1 -B. (Public Works Director Krug)
The FDOT continues working with local maintaining agencies to update the State's Traffic Signal Maintenance
and Compensation Agreement. The Commission approved the Phase I -A Agreement Update at the July 15,
2014 meeting. The latest interim update fi the FDOT further clarifies and reduces the City's Liability for
maintaining traffic signal systems on State roads. The updated agreement is Phase I -B of the process and will
be in effect for the 2014/15 fiscal year. Public Works will continue to work with the FDOT on the Phase 11
update to be brought back for approval in 2015. The City's current contracted proactive maintenance program
exceeds the minin State proposed standards and ensures proper operation of all signals throughout Ocoee.
Public Works recommends approving the new State Phase I -B Traffic Signal Maintenance and Compensation
Agreement with the MOT as it clarifies and further reduces City liability. The City Attorney has determined
the Commission need only approve the one -page Phase I -B Amendment as the Phase I -A Agreement was
previously executed.
Approved on Consent. Motion carried 5 -0.
Approval of Award of B14 -05 Ocoee Wastewater Treatment Plant Bar Screen
Replacement Project. (Purchasing Agent Tolbert)
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Regular City Commission
October 21, 2014
In conformance with the policies and procedures of the City of Ocoee (City), bids were solicited from qualified
supplier- contractors for the Ocoee Wastewater Treatment Plant Bar Screen Replacement (Project). The project
consists of the removal of the existing bar screen 41 and replacing the screen with a new fine screen. The
replacement screen was specified by the City of Ocoee Utilities Department.
The bid was publicly advertised on July 6, 2014, and opened on August 19, 2014. "There were a total of four (4)
bids received with one (1) bid being Non - Responsive. Of the three (3) responsive bids, one (1) bid provided
both specified and equal equipment, one (1) provided only the specified equipment and one (1) submitted a bid
with equal equipment. The Utilities and Finance Departments reviewed the bids, which had a range of values
from $106,121.00 to $338,350.00. Staff recommends awarding the bid to FilterONE USA, Inc., in the amount
of $106,12 1.00, as the most responsive and responsible bidder.
Approved on Consent. Motion carried 5 -0.
G. SECOND READING OF ORDINANCES - PUBLIC IIEARINGS
6. Second Reading of Ordinance - Approval of Amended Ordinance for the City of Ocoee
Municipal Police Officers' and Firefighters' Retirement Trust Fund Reflecting Changes
Made by CBA. (Acivertised in the Orlando Sentinel on Thursday, October 9, 2014). (Police Chief
Brown)
The Pension Board for the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund is
governed by City of Ocoee ordinance. Changes to the Police and Fire pension benefits were agreed upon in the
Collective Bargaining Agreements of the Police and Fire unions with the City of Ocoee. "The Pension
Ordinance must be amended to reflect the changes.
Police and Fire Pension Board Chairman Charlie Brown announced that two years ago
changes to the Police and Fire pension benefits were agreed upon in the Collective Bargaining
Agreements of the Police and Fire unions with the City of Ocoee. Amending the BAC -DROP
provision for Members who enter BAC -DROP on or after October 1, 2012, to reduce the fixed
interest accrual from 6.5% to 2.0% per year compounded monthly. This amendment should have
been included in the Ordinance 2013 -15 during the September 17, 2013, Commission Meeting
but was unintentionally omitted at that time.
City Attorney Cookson read the title of the ordinance.
The public hearing was opened. As no one wished to speak the public hearing was closed.
Commissioner Wilsen, seconded by Commissioner Keller, moved for Approval of
Ordinance No. 2014 -018 for the City of Ocoee Municipal Police Officers' and
Firefighters' Retirement Trust Fund Reflecting Changes Made by CBA. Motion
carried 5 -0.
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2014 -018
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING
TO THE CITY OF OCOEE MUNICIPAL POLICE OFFICERS' AND
FIREFIGHTERS' RETIREMENT "TRUST FUND; AMENDING
ORDINANCE NUMBER 2010 -019, ASSUBSEQUENTLY AMENDED;
AMENDING SECTION 27, DEFERRED RETIREMENT OPTION PLAN;
PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING
ALL ORDINANCES IN CONFI .I(. "1'HEREWITHANI)PROVIDING AN
EFFECTIVE DATE.
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Regular City Commission
October 21, 2014
7. Second Reading of Ordinance - Amending General Employees' Retirement Ordinance
No. 2009 -020. (Advertised in the Orlando Sentinel on Thursday, October 9, 2014). (General
Employees' Retirement Board Chairman Wagner)
At a Special Meeting held on August 19, 2014, the General Employees' Retirement Board adopted an amended
Annual Actuarial Report dated August 13, 2014, which was based upon the results of an Actuarial Experience
Study performed by Foster & Foster, Inc. The purpose of this study was to evaluate the assumptions and
methods used to determine funding levels for the General Employees' Trust Fund to ensure financial soundness
going forward.
After careful review of all of the parameters affecting required contributions rates needed to adequately fund the
retirement program, the Board accepted several actuarial assumption changes that are incorporated in the
amended Annual Actuarial Report. These modifications resulted in a significant reduction to the required City
contribution rate from 20.5% to 13.14 %, for an annual monetary savings to the City of almost one -half million
dollars.
City Attorney Cookson read the title of the ordinance.
General Employees' Retirement Board Chairman Wagner announced that this amendment
would strengthen the financial position in the Retirement Board and the results of their Actuarial
Experience Study performed by Foster & Foster, Inc. saved almost a half million dollars for the
City. They anticipate that they will have continual savings over the years.
The public hearing was opened. As no one wished to speak the public hearing was closed.
Commissioner Keller, seconded by Commissioner Johnson, moved for Approval
of Ordinance No 2014 -017 Amending General Employees' Retirement Ordinance
No. 2009 -020. Motion carried 5 -0.
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2014 -017
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING
TO THE CITY OF OCOEE MUNICIPAL GENERAL EMPLOYEES'
RETIREMENT TRUST FUND, ADOPTED BY ORDINANCE NUMBER
2009 -020; AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1,
DEFINITIONS BY AMENDING THE DEFINITION OF "ACTUARIAL
EQUIVALENT "; PROVIDING FOR SEVERABILITY OF PROVISIONS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING AN EFFECTIVE DATE.
H. REGULAR AGENDA
Code Enforcement Reduction of Fine /Lien for A &D Ocoee Plaza Inc., re: 100 W Silver
Star Road. (Fire Inspector Sorenson)
This property was cited on February 22, 2011, by Fire Inspector Shawn Sorenson for fire alarm in trouble; fire
alarm out of inspection date; fire sprinkler is red tagged and needs repaired and missing ceiling tiles. On April
26, 2011, the Code Enforcement Board issued an order to comply by May 13, 2011, or be fined $100.00 per day
per violation. On August 29, 2011, the respondent came into compliance.
A & D Ocoee Plaza Inc., appeared before the Code Enforcement Board on September 23, 2014, and requested a
reduction of the fine / lien amount of $21,400.00. 'The Code Enforcement Board is recommending the fine /lien
be reduced to $3,315.83, the city's cost. The decision by the Board to reduce the amount was based on
testimony and answers from Lisandro Diaz.
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Regular City Commission
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Fire Inspector Sorenson explained A & D Ocoee Plaza Inc., appeared before the Code
Enforcement Board on September 23, 2014, and requested a reduction of the fine / lien amount
of $21,400.00. The Code Enforcement Board is recommending the fine /lien be reduced to
$3,315.83, the city's cost.
Lisandro Diaz, respondent, said he agrees with the reduction recommended by the City's Code
Enforcement Board.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve
the Code Enforcement Reduction of Fine /Lien for A &D Ocoee Plaza Inc., re: 100 W
Silver Star Road to $3,315.83 per the Code Enforcement Board's recommendation
to be paid within 30 days. Motion carried 5 -0.
9. Designation of Voting Delegate — National League of Cities, Inc. Annual Business
Meeting. (City Clerk Eikenberry)
The National League of Cities (Nl.C) is holding their Annual Business Meeting in Austin, Texas, on Saturday,
November 22, 2014 at the conclusion of the Congress of the Cities and Exposition. The NLC is requesting that
City of Ocoee's Voting Delegate is designated and received by November 5, 2014.
Mayor Vandergrift announced that without objection Commissioner Johnson will
be designated as the City of Ocoee's Voting Delegate for the National League of
Cities (NLC) Annual Business Meeting in Austin, Texas, on Saturday, November
22, 2014.
10. Holiday Schedule for 2015. (City Clerk Eikenberry)
Section 8.01 of the Personnel Rules and Regulations lists Holidays that will be observed annually in the City of
Ocoee. Each year the Commission approves those holidays as well as selects dates for those holidays that are
not strictly defined.
Recommendations
Approved Holidays — Per Rules and Regulations
R ecommended Dates
New Yea Eve
Cl ose City Hall Early (new po
Wedne sday, December 31, 2
New Year's Day
Martin Luther King, Jr. Day
Ja I
Third Monday In Ja nuary
T hursday, January 1, 2015
M onday, January 19, 2 0 1 5
------------- - - - - --
Memorial D
--
Last Monday i May
M onday, May 25, 2015
Independenc Day /4"' of Ju
Fal on a Sa in 2015
Friday, July 3, 2015
Labor Day
Fi Monday in September
Mo nday, S eptember 7, 2015
Thanksgi Day
Fourth Thursday
Thursday November 26, 2015
D After T
Da after F Thursday
Friday, N 27, 20
Before or After Christmas
As determined by Commission
Thursday, December 24, 2015
Christmas Day
December 25
Friday, December 25 201.5
Commissioner Wilsen inquired if City Mall could be closed at 4:00 p.m. on New Year's Eve so
general employees could go home early. City Manager Frank said he would not have any
objection to this request if that is the wish of the Commission. Mayor Vandergrift said, without
objection, he would like the City Manager to take into consideration closing City Hall early on
New Year's Eve starting this year.
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Regular City Commission
October 21, 2014
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the
Holiday Schedule for 2015 and adopting a policy for the early closing of City Hall
annually on New Year's Eve beginning December 31, 2014, with the City Manager
determinina the best wav to implement that policy. Motion carried 5 -0.
11. Discussion Re: Setting a Policy on Pets Being Allowed at Events. (Commissioner
Wilsen)
Commissioner Wilsen said she would like to either have them vote event by event or just say
"no pets" to any city function unless approval is given in advance. Commissioner Keller said he
would agree that it would be better to just not allow pets at City events. Commissioner Wilsen
inquired if approving "no pets" at City events would have to be done as a way of ordinance. She
was advised that it could be done as a way of policy. Further discussion ensued regarding if "no
pets" would only be for City events or any event hosted on City property and if liability coverage
would be required. City Attorney Cookson advised that he is all for protecting the City and
reducing liability and a policy is the best way to do it. If there is a group that would like to host
an event and invite pets than it can be approved by the City Commission and we can insure they
have proper insurance in place to indemnify the City.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to establish
a policy for the CitV that during City events and other events in the City, "no pets"
be allowed unless permitted by the City Commission. Motion carried 5 -0.
- -. --- ------ - -- -- -
I. STAF ACTION ITE - Non
J. COMM FR OM COMMISSIONERS I
Commissioner Keller — reminded everyone to come out to the open house at Ocoee Fire Station
926 located at 1500 N. Clarke Road in Ocoee this Saturday, October 25, 2014, from loam until
2pm.
Commissioner Johnson — None
Commissioner Wilsen — announced they are still accepting applications for the Founder's Day
Marketplace for the Saturday event only.
Commissioner Grogan - reminded everyone to go to the Haunted House this Friday & Saturday
October 24th & 2.5th from 7-11 PM. Admission is $3.00.
Mayor Vandergrift — 1) shared a story that he read online about a man who died in a haunted
house. 2) said last meeting lie had a water ordinance issue on the agenda and he recalls now what
it was in reference to. At the next Commission Meeting the resident would like to appeal to the
Commission an issue she experienced with a break in her waterline and the severe water bill she
received from that incident. Commissioner Wilsen said she was confused on why the resident
would not just go through the Water Department. She thought the City had a policy that would
allow the Water Department to adjust your bill if you could prove you repaired a water issue.
Commissioner Grogan asked if staff could bring the water policy ordinance to the next
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Regular City Commission
October 21, 2014
meeting. 3) shared that it would be neat if they could have white lights put on the Oak trees by
the lake. City Manage Frank asked if they would like to preauthorize money out of
contingency to allow this. No action was taken. 4) said he would like for them to think about
making the City a Bird Sanctuary.
ADJOURNMENT
Meeting agjourned at 7:55 p.m.
APPROVED:
Attest: City of Ocoee
C:�; C5
Be ikenberry, ity Clerk S. Scott Vandergrift, Mayor
8 1