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HomeMy WebLinkAboutItem #01 Approval of Minutes Agenda 09/05/06 Item 1 MINUTES OCOEE CITY COMMISSION August 15,2006 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 Keller gave the Invocation and Commissioner Hood led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Anderson (absent), Mayor Vandergrift, Commissioner Keller, and Commissioner Johnson. Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry. I B.PRESENTATIONS AND PROCLAMATIONS Presentation - Recognition of Police Officers for their Assistance in Responding to an Alarm at Ocoee High School on June 17th - Sonitrol (Alarm Company). (Mayor Vandergrift) Chief Reffett and Bill Ford of Sonitrol Alarm Company thanked the following members of the Ocoee Police Department for their good work in handling a burglary alarm in progress at Ocoee High School, where the fast action and response caused two suspects to be apprehended. ~ Communications Officer Kim Deloach ~ Communications Officer Mindie Stephenson ~ Sergeant William Wagner ~ Officer Paul Vega ~ Detective Granger Prunier Presentation by Glenn Sangiovanni, Former Mayor of St. Cloud, Florida. (Mayor Vandergrift) Mr. Glenn Sangiovanni gave a PowerPoint presentation on the WiFi Wireless Communication system that was installed in the City of St. Cloud. He outlined the many ways the system will be used as they go forward from the March 2006 installation, and how much money the City has saved for themselves and their residents with wireless access to the internet. He advised in the first 100 days, 55% of St. Cloud residents were registered and using the system. He said this presentation is available on www.aboutmri.com. . Ed Moore, Ocoee resident, added that wireless systems are helping in many areas, in the medical arena it is assisting nurses to monitor their patients from home. Proclamation - Butterfly Season - August - October. (Mayor Vandergrift) Lt. Brown, Sgt. McCosker, and Officer Maroney of the Police Department presented Mayor Vandergrift with a Russian butterfly in a shadowbox that they purchased from a street vendor on their recent trip to Russia in conjunction with UCF. Commissioner Johnson read a letter to the Mayor from Butterfly W orId of Coconut Creek, FL, thanking him for his longtime admiration and education of the butterflies. City Commission Regular August 15, 2006 I C. COMMENTS FROM CITIZENS/PUBLIC John Resnick, 407 Abbey Ridge Court, asked for permission to use Sorenson Field for the AAU Baseball Tournament to raise money to play in the AAU World Series in Hawaii. He said he recalls in February the Commission agreed to allow use of the fields as long as non-Ocoee residents paid $15 per season. Commissioner Keller. seconded bv Commissioner Johnson. moved to arant use of Sorenson Field to the AAU leaaue for their tournament on Auaust 25 - 27. at no charae. Motion carried 4-0 with Commissioner Anderson absent. I D. COMMISSIONER'S ANNOUNCEMENTS Commissioner Keller 1) announced Ocoee High School Knight's Football is having a Pancake Breakfast this Saturday at 9:30 a.m. in the high school cafeteria, 2) said Ocoee High School Band participated in a Battle of the Bands at Sunstate Ford, and won $2000.00 for third place, 3) said the CACOFD "Fully Involved" program is having a work project removing low branches and general cleanup at the home of Frances Watts in Pioneer Key One and they are looking for volunteers. Work will begin at 8:00 a.m. Commissioner Johnson 1) announced the next Founder's Day Meeting on August 31, 2006, at 6:30 p.m. at the Beech Center, 2) said the West Orange Chamber of Commerce Mayor's Luncheon will be on September 13,2006, at 11:30 a.m., at Tanner Hall in Winter Garden. City Manager Frank advised in the past we have purchased a corporate table for this event. Commissioner Johnson. seconded bv Commissioner Hood. moved to purchase a Corporate Table for eiaht for the Mavor's Luncheon. at a cost of $208.00 from the Commission Continaencv fund. Motion carried 4-0 with Commissioner Anderson absent. 3) announced the West Orange Candidate Forum, Florida House of Representatives District #41, will be facilitated by Teresa Jacobs and Bill Donegan, and held on Monday, August 21,2006, at 6:00 p.m. at Camp Down, 4) announced the West Orange Chamber Annual Golf Classic, September 14,2006, registration is at 12:00 noon. In the past we purchased a foursome, which will cost $450.00 if we choose to do the same thing this year. Commissioner Hood. seconded bv Commissioner Keller. moved to purchase a Foursome at the West Oranae Annual Golf Classic on September 14. 2006. at a cost of $450.00 from the Commission Continaencv fund. Motion carried 4-0 with Commissioner Anderson absent. 5) announced the West Orange Hob Nob and Straw Poll on August 17, 2006, at 5:00 p.m., at the Auto Auction in Winter Garden. They included 5 tickets at a cost of $21.00 each that they are asking the city to purchase. Mavor Vanderarift. seconded bv Commissioner Johnson. moved to purchase five tickets for the West Oranae Hob Nob and Straw Poll. at a cost of $105.00 from the Commission Continaencv fund. Motion carried 4-0 with Commissioner Anderson absent. Commissioner Hood-I) said the Ison Senior and Veteran's Center is open Mondays and Thursdays 8:00am - 4:00 p.m., contact Tommy Moldonato regarding veteran's services, 2) announced Youth Soccer Sign up at Jim Beech Center on August 19,2006, at 9:00 am, August Page 2 of8 City Commission Regular August 15, 2006 22, 2006, at 6:00 p.m. and August 27th at 2:00 p.m. 3) said the Ocoee High School Jamboree against Oak Ridge at 7:00 p.m. at Ocoee High School, 4) reminded residents to be cautious while driving around, there are many sports activities (Pop Warner Football and Fall Little League) going on at this time. I E. CONSENT AGENDA 1. Approval and Acceptance of the Regular City Commission Minutes of August 1, 2006. (City Clerk Eikenberry) 2. Reappointment to the Ocoee School Advisory Board. (City Clerk Eikenberry) Members of the Ocoee School Advisory Board serve two-year terms. Currently the Ocoee School Advisory Board has nine (9) members and their resolution allows no less than seven (7) members and no more than fifteen (15) members. The two-year term of Sheila Grammer ends August 31, 2006. Mrs. Grammer has indicated she is willing to serve another two-year term, if reappointed. Mrs. Grammer has attended fourteen (14) out of seventeen (17) meetings with only 1 absence unexcused. There are no applications on file for residents interested in serving on the board. Staff recommends that the Honorable Mayor and City Commissioners reappoint Sheila Grammer to serve another two-year term on the Ocoee School Advisory Board with a term ending August 2008. 3. Reappointment to the Board of Adjustment. (City Clerk Eikenberry) Ordinance No. 516 on September 15, 1970, created the Board of Adjustment to hear and decide appeals for administrative review, to hear and recommend to the City Commission variances to zoning ordinances. This Board consists of five (5) regular members and two (2) alternate members. At this time there are five (5) regular members and no alternate members. The three-year term of Bob Colburn and Patricia Tice ended May 2006. Mr. Colburn has indicated he is willing to serve another term, if reappointed. Ms. Tice does not wish to be reappointed. Member Colburn has attended two out of three meetings during his current term beginning May 2003. Staff recommends that the Honorable Mayor and City Commissioners reappoint Bob Colburn to serve another three-year term on the Board of Adjustment with a term ending May 2009. Currently there are no applications on file to fill the board openings. 4. Reappointment of Trustee for the Police Officers'/Firefighters' Retirement Trust Fund. (City Clerk Eikenberry) Trustees for the Pension Boards serve two-year terms. Two of the trustees are appointed by the City Commission, two are elected from the employee body, and the fifth trustee is chosen by those four trustees and presented to the City Commission for certification of the appointment as a ministerial act. Trustees of the Police Officers'lFirefighters' Retirement Trust Fund respectfully request this Commission to certify the reappointment of Nora Gledich to serve another term ending September 30, 2008. Trustee Gledich has indicated she is willing to serve another term if appointed. At this time no other applications were received for serving on this board. 5. Reappointment to the Community Merit Awards Review Board. (City Clerk Eikenberry) On January 15, 2002, Resolution No. 2004-09, was adopted creating the Community Merit Awards Review Board, requiring five (5) members all serving two-year terms. The two-year term of Jim Sills expired in March of2006. Mr. Sills has indicated that he is willing to serve another term, if reappointed. Staff recommends that the Honorable Mayor and City Commissioners reappoint Jim Sills to serve another two-year term on the Community Merit Awards Review Board ending March 2008. 6. Approval of Change Order No.3 Britt Construction for Public Works Facility. (Public Works Director Krug) This Change Order #3 in the amount of $3,910.45, is for the addition of items not included in the original bid which includes (1) relocation of the electrical for the welder in the Fleet shop (2) addition of electrical for proposed heavy equipment lift, and (3) additional electrical for proposed brake lathe. A 5-calendar day time extension will also be required for Change Order #3. 7. Approval of Waiver of Minimum Purchasing Standards. (Fire Chief Firstner) Page 3 of8 City Commission Regular August 15, 2006 In the 2005/2006 Capital Equipment budget, $33,547 was approved for the replacement of the Hurst hydraulic rescue tool. A committee of Fire Department personnel has selected Holmatro Rescue System after review and demonstrations by four (4) different tool manufacturers. Their selection was based on fit and function, warranty, and local sales and service. The Holmatro tool was selected as the best overall performance, with local service available. Staff recommends that the City Commission waive the minimum purchasing standards and approve the purchase of the Holmatro Rescue System from Ten-8 Fire Equipment Inc. which is the only authorized Holmatro dealer in Central Florida, for the total purchase price of $33,000. 8. Approval of Amendment Extending the Term for Commercial And Multi-Family Solid Waste Collection Franchise Agreement With Onyx Waste Services for An Additional Two-Year Term. (Public Works Director Krug) **pulledfrom the agenda On May 31, 2006, and pursuant to the franchise agreement with Onyx Waste Services, both parties should have agreed to extend the term of the agreement for two years. Staff is recommending we proceed forward with approving an amendment to the agreement extending it for an additional 2 year term. This item was pulled from the agenda to be placed in a Workshop Session on August 21, 2006, at 6:00 p.m. prior to the budget session. 9. Approval of Progress Energy Lighting Proposals for Lakeshore Drive and Rachel's Ridge Loop. (public Works Director Krug) On June 7, 2005, staff presented the cost proposals submitted by Progress Energy for street lighting on South Maguire Road. At that time City Commission instructed staff to evaluate other significant street lighting candidate locations in the order of priority for inclusion in future CIP program. At the City Commission Meeting on July 19,2005, staff recommended the following locations which City Commission later approved at the Budget Workshops in August of 2005, Orlando Avenue, A.D. Mims Road, and Maguire Road. City Commission also included asking City Staff to get proposals for Lakeshore Drive and Rachel's Loop. The HOA on Rachel's Loop within the White Hill Subdivision has asked for decorative lights, which is an upgrade; the City will only pay the cost for standard lighting with Rachel's Loop's HOA being responsible for the balance due to the upgrade to decorative lighting. The Rachel's Ridge Proposal calls for the addition of 3 lights and light poles. The Lakeshore Drive proposal calls for 6 additional poles at the end of Lakeshore Drive behind the school and close to Strake Lake. The cost for the installation of new lights and poles for Lakeshore Drive is $3,500 and the City's portion for Rachel's Loop is $3,000. Also, there are additional monthly rental charges depending upon type of fixtures chosen for implementation. Staff respectfully recommends the City Commission approve the Progress Energy proposals for Lakeshore Drive and Rachel's Ridge. Consent Ae:enda Vote Item #8 heard seDaratelv. Bill Stubblebine from Veolia Environmental Services explained his situation. City Attorney Rosenthal advised that the Code requires that commercial rates be set by resolution, and adopted by the City Commission at an advertised Public Hearing. Secondly, the agreement with the franchisee would need to be addressed, as it is an automatic extension at this time, with the franchisee requesting a rate increase. City Attorney Rosenthal advised that the City entered into the agreement 2001 for a four year term, which expires August 31, 2006. The agreement provided for an automatic two-year extension, if the franchisee did not want the extension they were supposed to give notice at a time that has already passed and did not do that; by the terms of the franchise it automatically extended to August 2008; the rates in effect under the agreement also expired on August 31, 2006, and the franchisee missed the deadline to raise those rates; however, they were in discussions with the City regarding that. We have no document that the franchise has automatically extended, and the Commission needs to address the fact that Onyx is requesting a rate increase. If the increase is agreed upon it will need to be implemented by amending the Page 4 of8 City Commission Regular August 15, 2006 Franchise Agreement and adopt a resolution on the new rates. He said he would prefer to resolve this issue before the contract expires on August 31, 2006. Commissioner Johnson. seconded bv Commissioner Keller. moved to pull Item #8. reaardina the Multi Familv Solid Waste collection Franchise Aareement with Onyx Waste Services. from the aaenda to be placed in a Workshop Session on Auaust 21. 2006. at 6:00 p.m. prior to the budaet session. Motion carried 4-0. with Commissioner Anderson absent. Commissioner Keller. seconded bv Commissioner Johnson. moved to approve Consent Aaenda Items 1. 2. 3. 4. 5. 6. 7. and 9. as presented bv staff. Item #8 was pulled and voted on separatelv. Motion carried 4-0. with Commissioner Anderson absent. I F. PUBLIC HEARINGS - SECOND READING 10. Proposed Ordinance Chapter 136 - Sexual Offenders and Sexual Predators - Child Protection Recommendation Committee. (Second Reading and Public Hearing should be continued until September 5, 2006, to allow time for Advertisement of Public Hearing.) (Deputy Police Chief Goclon) The Child Protection Recommendation Committee (CPRC - a citizen board authorized by the City Commission to make recommendations to help keep children in the community safe) is deeply concerned about recent occurrences in our state and elsewhere, whereby convicted sexual offenders and sexual predators who have been released from custody repeat the unlawful acts for which they had originally been convicted. The CPRC recommends City adoption of an ordinance that provides heightened protection of the lives and persons in the City of Ocoee and would prohibit sexual offenders and sexual predators from establishing a residence within two thousand five hundred (2,500) feet of certain locations within the City. The Child Protection Recommendation Committee recommends that the Honorable Mayor and Board of City Commissioners adopt the proposed City Ordinance Chapter 136 - Sexual Offenders and Sexual Predators and that the City implement a background check application for people who volunteer for City boards and who help with City programs. The ordinance allows for a $1000.00 a day penalty for violations of the ordinance. As violations could result in imprisonment, the cases have to be heard by a criminal court judge. Nominal court fees may be assessed to the City if the violator is found "not guilty." Mavor Vanderarift announced this item has been postponed due to complications with advertisina. and the second readina and public hearina will be on September 5. 2006. I G. REGULAR AGENDA 11. Discussion Regarding Creation of Landscape Committee. City Clerk Eikenberry explained that they contacted previous members of the Landscape Board and four members, Beavers, Behrens, Burgess, and Dowler, responded that they were interested in serving on the board again. She also advised that Commissioner Anderson had discussed having members of each HOA, and that a list of approximately 50 HOA members was distributed to the Commission. She asked for direction on how large they want this board to be. Page 5 of8 City Commission Regular August 15, 2006 Commissioner Keller. seconded bv Commissioner Hood. moved to appoint former members of the Landscape Committee Rose Beavers. Kav Behrens. Gavla Buraess. and John Dowler to the newlv formed Landscape Committee for a one- year term and confirmed that Commissioner Anderson would be the Commission liaison to this board. Motion carried 4-0. with Commissioner Anderson absent. Consensus of the Commission was that Commissioner Anderson should meet with the four members to determine the board membership. and the terms of the membership. Emergency Item - Ap~roval and Execution of Non-Exclusive Temporary Construction Easement Agreement-7t Avenue and Moore Road City Engineer Wheeler advised that the City needs a small parcel of land, approximately 60' X 100' from the Orange County School Board to allow the road to be completely within the city Right of Way so that construction can be continued. We will do a warranty deed for the transfer of the property. The School Board advised if the City approves it tonight, they will respond accordingly to avoid stopping the construction. Commissioner Hood. seconded bv Commissioner Johnson. moved to approve and execute a Non-Exclusive Temporary Construction Easement Aareement for the area of 7th Avenue and Moore Road per staff recommendations. Motion carried 4-0. with Commissioner Anderson absent. 12. Discussion Regarding Schools. (Mayor Vandergrift) Mayor Vandergrift said he has been thinking about whether to call a town meeting, or form a committee, and said he is open to suggestions. Commissioner Hood said he has an issue not related to Evans, but wanted to express his concerns about kids who are 1.8 miles from school having to walk along Clarcona Ocoee Road with no sidewalks, although two buses go right in front of the subdivision every morning. School Board Member Jim Martin has not answered his email in over a week. He is also concerned that there is no elementary school planned in the next five years for the NW sector (District One) and Clarcona Elementary already has over 30 portables. Spring Lake Elementary is also overcrowded. They no longer have playground areas due to portables. Mayor Vandergrift said we previously passed a resolution offering to assist with building sidewalks and the School Board did not respond. We may need to start talking about Charter Schools again. Mayor Vandergrift said they never even had planners at the School Board until they hired one 3 years ago, and they have a 2.8 billion dollar budget. Commissioner Hood said the newspaper is endorsing new candidates to be elected to the Board. Commissioner Keller said you no longer have to get permission from the School Board to start a Charter School; it is approved at a different level. He thinks we should look seriously into creating the school district, starting with a town hall meeting, and getting the Ocoee School Advisory Board involved. Consensus of the Commission was to have Administrative Aide Cowan try to coordinate a Town Hall Meetina for the first week of October. Page 6 of8 City Commission Regular August 15, 2006 I H. STAFF REPORTS Report on Cemetery Conditions. (City Clerk Eikenberry, Human Resources Director Carnicella, and Parks and Recreation Director Hayes) City Clerk Eikenberry, Human Resources Director Carnicella, and Parks and Recreation Director Hayes gave a brief presentation to the Commission outlining the maintenance problems at the cemetery. They showed photos of items, tree plantings, and borders that had been placed in and around grave sites that need to be removed because they are in violation of the Rules and Regulations of the Cemetery. They also discussed City maintenance issues such as sodding, irrigation, mowing, and fencing. Ms. Eikenberry advised that her office is in the process of developing a web-based database and mapping system, approved in last year's budget, which will link owner and deceased information with actual physical grave site mapping and photos. Once that data has been input, it will help the notification and tracking process of these violations, as well. The cemetery is sold out at this point, and there is concern that all of the plots purchased will not be available in the future due to obstructions and past burial procedures that may have one plot infringing on another. Consensus of the Commission. without obiection. was to send notification. includina rules and reaulations to all owners of the cemetery askina them to correct any issues they may have that are in violation of the Rules and Reaulations. Further consensus was to appoint Commissioner Johnson as Commission Liaison to this committee. and to appoint Jean Grafton and Sam Woodson to assist with notification of owners. This committee will be an ad hoc committee which will exist until the cemetery issues have been addressed. and it would not be subiect to the Sunshine Law. Request for Road Closure - McCormick Road and Ingram Road City Engineer David Wheeler advised the Commission that the developer for McCormick Woods subdivision is required to rebuild a section of Ingram Road from McCormick south to their south property line as part of the approval for that property. They need to level the road, ensure drainage, curb and gutter, install sanitary sewer and water, and install reuse and stormwater pipelines. They don't feel they can keep a temporary road open and would like to close the road for four months from after Labor Day to before Christmas. Consensus of the Commission was that they could not allow that road to be completelv closed. and directed Mr. Wheeler to talk to the contractor about alternatives. such as doina the work at niahts. or tryina to create a temporary lane to allow traffic throuah. I I. COMMENTS FROM COMMISSIONERS Steve Krug, the new Public Works Director, introduced himself and said he is looking forward to doing a lot of good things for the City. Page 7 of8 City Commission Regular August 15, 2006 Commissioner Hood - 1) asked Public Works Director Krug to look into the corner of Wurst Road and Adair Street; there are barricades that are covering a hole and grass is growing up over them. He does not know if work is scheduled to be done there, 2) thanked staff for the great job so far on the Lady Avenue project and asked when the landscaping would be done. Public Works Director Krug advised we are getting revised proposals for long-term landscaping that is low maintenance before they install anything. Assistant Public Works Director Elliott added that they are seeking additional funding to finish the traffic circle and complete the landscaping; it should be completed in the next two weeks. Commissioner Hood asked that, in the meantime, we take care of the weed growth, 3) asked for an update on Jamela, and Utilities Director Smith said the dismantling of the tank is scheduled for November 13, 2006, unless they can get it scheduled earlier, 4) asked when the Street Parking ordinance was coming before the Commission and City Clerk Eikenberry advised it was heard by the P & Z Board at their August meeting and it will be coming before the Commission in September, 5) asked if the First Baptist Church issue is over, to which Mayor Vandergrift advised he met with them this week and they intend to make a presentation at our September 5, 2006, Commission Meeting. Consensus of the Commission was to have Community Development Director Waaner advise them to brina an alternate plan for the type and/or size of the cross that the Commission could also consider. so that somethina can be worked out. Commissioner Johnson 1) asked if we can have a city LOGO placed on the front of the dais, because the other one is always covered by the projector screen, 2) thanked Jamie Croteau and the Public Works employees for the work that is being done on Maguire, it is starting to look very good. Commissioner Keller 1) said the Florida League of Cities conference was very good, he particularly liked the classes on public schools and grant writing, 2) said the mowing on Prairie Lake did not go as close to the lake as usual and he is hearing complaints from residents. I ADJOURNMENT The meeting adjourned at 9:35 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 8 of8