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HomeMy WebLinkAboutItem #01 Approval of Minutes (01/16/07 & 01/30/07 SS) MINUTES OCOEE CITY COMMISSION January 30, 2007, at 6:30 p.m. CITY COMMISSION SPECIAL SESSION I A. CALL TO ORDER Roll Call and Determination of Quorum - City Clerk Eikenberry I B. REGULAR AGENDA Through the Department of Environmental Protection (DEP) and the Florida Watershed Restoration Act, the City of Ocoee wishes to enter into a Grant Assistance Agreement for the Stark Lake Water Quality Improvement Project. This project includes the construction of a Regional Stormwater Pond to be located on the north side of the City Hall Complex, improvements to the Lakeshore Drive drainage system and shoreline plants on the west bank of Starke Lake. It is requested that the Grant Assistance Agreement be executed before January 31,2007, in order to allow DEP to encumber the fixed capital outlay funding for this project. Commissioner Anderson said past presentations of this project included the roadway south of Lafayette to the area where private property begins. Public Works Director Krug said Phase One (Yellow) Grant Money - North of City Hall Complex including the regional stormwater pond; Phase Two (Orange) Oakland South to Lafayette, performed in house starting next month, redoing drainage at intersection and connecting it with new roadway. Any are SOUTH of that could be added on depending on budgetary issues. Commissioner Anderson, seconded by Commission Hood, moved to approve and execute DEP Aareement No. 50319, Starke Lake Water Quality Improvement Proiect Grant Assistance, and addina a "Phase 3" to the plans that would continue the same improvements South of Lafayette to the private property, sometime in the future when funds are available. Motion carried 5-0. Through the Department of Environmental Protection (DEP) and the Florida Watershed Restoration Act, the City of Ocoee entered into a Grant Assistance Agreement on January 25, 2005, for the Pioneer Key Regional Stormwater Pond north of Palm Drive in District No. 3 of Commissioner Johnson. The original Agreement had a two (2) year completion time, however the actual completion schedule incorporated into the Grant Work Plan was for five (5) years to include environmental monitoring. The attached Amendment No. 1 extends the agreement three (3) additional years to January 30,2010, as required to complete the project. The amendment also incorporates the Florida Single Audit Act Requirements in Attachment C-l and Exhibit 1. It is requested that the Amendment No.1 be executed before January 31,2007, in order to allow DEP to encumber the funding for this project. Commissioner Keller, seconded by Commission Hood, moved to approve and execute DEP Aareement No. 50192, Amendment No.1, Pioneer Kev Reaional Stormwater Pond Grant Assistance. Motion carried 5-0. January 30,2007 2 Mr. Gustino has requested a $5,000 retainer fee. This would be reimbursed out of an account that has been set up for Friends of Ocoee High School to donate funds. This rezoning not only affects property values of the citizens involved, but the long term values of taxable property that the city will receive in the future. Mayor Vandergrift said he introduced this item in order to get a fair hearing as to the recent actions of the School Board regarding the Apopka Relief School. He said he and the attorney feel that if they got in front of a judge the mistakes of the School Board would be heard in a fair hearing. At this time we are lacking direction and organization. No other funds have been placed in the legal fund (Save Ocoee Schools) except what he put into it at this point. He also stated that developers should be interested in helping to pay because it will affect property values and attractiveness. He is proposing that we front the money for hiring the attorney to possibly be reimbursed in the future. Commissioner Keller said he agrees with the idea of loaning money up front to give Homeowner Associations (HOA's) a chance to do this for themselves. There is no way they would know they only had 10 days to object, and it was difficult to get the information out as quickly as the school board moved. He said he thinks it should be a loan to the HOA's with the intention of getting the money back. He doesn't think the City can file the suit, he believes it needs to be the parent of an affected child. People are just now learning about how this is going to impact them and he feels they will be willing to contribute. He also stated he has no problem with putting the money up front for Mr. Gustino, he has sued the School Board before representing the Olympia parents and won that suit. He felt there are things that would make this a winnable case, including the way they passed it and then "tweaked" the map after the fact, which affected 170 students. Commissioner Keller, seconded by Commission Anderson. moved to Day Attorney James A. Gustino the $5.000 retainer he requested. with the intention of aettina reimbursed by the Homeowner Associations or by the fund that has been set UD. Discussion followed~ Commissioner Johnson said he does not know Mr. Gustino and would like to know more about him before retaining him as an attorney; he said we have other projects that may be affected if we are involved in suing the County; and advised that he does not believe the funds will be raised for reimbursement. He said he would like to help the kids stay in the school in any way that we can, but this may not be the best way to do it if the citizens are not participating or contributing. He stated if we are going to go ahead and do this, we should consider $1000 increments and ask them to match the funds. Mayor Vandergrift said that would be a good idea if we had more time, but the attorney needs to be retained right away. Commissioner Keller said he agrees that we should make a clear statement that we are NOT suing the school board as a City, we are just assisting the residents if they feel the need to do it, but the time frame is too short for them to raise the money for the retainer that is needed. Commissioner Hood said he is also concerned about ongoing negotiations with the County, and how this could affect future growth projects. He said he does not feel we will get the January 30,2007 3 $5000 back, parents and developers who should be involved do not seem to be showing concern. After the discussion, a vote was taken on the motion: Motion carried 3-2, with Commissioner Johnson and Commissioner Hood opposed. City Manager Frank asked for clarification of where the funds should go, and if we should draw up documents with an agreement that funds will be reimbursed. He said if the City made the check out to the attorney, we would be retaining the attorney. Commissioner Keller asked if we can place it in the legal fund that the Mayor created. Mayor Vandergrift said the attorney suggested it be in a HOA name, but they need to locate one who will do it. He said he or Commissioner Keller will work on it tomorrow and give them a name of an HOA where the funds should go. Commissioner Keller said he will work on it tomorrow and we can work on a document so that the first $5000 dollars that gets put into the fund comes back to the City. Debra Booth 917 Bloomington Court, said this is for a very small fraction of the City, and other kids have not been afforded this same opportunity. She said they are setting a precedent for who we are going to fight for, and who we are not. She said she feels they have made a grave mistake, regarding what is truly important. She agrees that the school board should not be moving kids to the relief school, but thinks we should not pick and choose who we fight for unless we are ready to fund a fight for all children with similar circumstances in the future. I ADJOURNMENT The meeting adjourned at 6:57 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor MINUTES OCOEE CITY COMMISSION January 16, 2007, 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. Paul Maddox, Deacon of Starke Lake Baptist Church, gave the Invocation and Commissioner Johnson led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner Keller, and Commissioner Johnson. I A. PRESENTATIONS AND PROCLAMATIONS Presentation - Firefighter of the Quarter Award (4th Quarter of 2006) - Firefighter James Kelley. (Fire Chief Firstner) Presentation - Firefighter of the Y ear Award for 2006 - Battalion Chief George Ledford and Battalion Chief Amy Fulmer. (Fire Chief Firstner) Firefighter awards postponed to a future agenda. Presentation - North West Orange County Airport Authority - Guy Haggard and Bob Loomis. Guy Haggard, Chairman of the West Orange Airport Authority, 301 East Pine Street, Suite 1400, and Bob Loomis, whose family owned one of the airports that is being donated to them. He gave a summary of the West Orange Airport Authority, which was formed in 1999, noting that Commissioner Anderson'is on the Board representing Ocoee. He said their mission is to construct, operate, maintain public use general aviation airports in Orange County, to bring Federal and State money, and to promote the airports as transportation nodes and economic engines for the local community. There are two private airports in North Orange County which are being donated, and the Authority's intent is to at convert them from private to public use for the entire community, similar to Orlando Executive or Kissimmee Airports. The two airports are both North of Lake Apopka: 1) the old Orlando Country Airport (now called Orlando Apopka) which borders 441, and 2) and the other is in close proximity just west of there, facing East/West which is currently called Orlando North Airport. There are signed memorandums of understanding with the owners, granting easements back to the owner to give them access, and a reverter clause that the property will revert back to the owners if it is no longer going to be maintained as a public use as an airport. Their goal is to be self sufficient within two years. Mr. Haggard described the need for the new airports, the support from state legislators and local civic organizations, the advantages of having a local general aviation airport, security issues, planned upgrades to the facility, and the cost savings in comparison to the 50 million dollar expense to build a new airport from the ground up. He said Dean Cannon, incoming Speaker of the House, is a pilot and a partner in his law practice and will provide legislative support. Rep. Brian Nelson from Apopka has also promised to help with funding at the State level. He said it is a win/win for developers because adjoining properties will increase in value, and local community which will get a public use airport, economic engines, emergency services, portal parks, and air transportation access. He discussed the seed budget, required to get both airports operational, City Commission Regular January 16, 2007 which is $634,920. He advised that he would like to receive cooperation to fund the budget as follows: West Orange Airport Authority $117,600 (18.5), Orange County $155.196 (24.4%), $40,000 (6.3%) each from the City of Apopka, the City ofOcoee, and the City of Winter Garden, and State of Florida & FAA $242.124 (38.2%). Mr. Haggard advised that Airport Authority is entitled to a seat on the Metro Orlando Planning Board, and that seat will be given to Ocoee and Winter Garden to alternate. Mayor Vandergrift clarified that a membership to the Metro Orlando Planning Board would cost the City $30,000. Commissioner Anderson noted that the two airports could combine to become one large airport in the future. Mr. Haggard said they have no intent of creating a large airport. Commissioner Johnson said he thinks if the City helps to pay for the airport, they should share in the tax base around the airport. He thinks the airport is needed in the County, but feels Apopka will be the City that benefits the most from this. Commissioner Vandergrift asked about creating a TIF or CRA Taxing Authority that puts the real estate taxes right back to them, and money leftover would be split among the cities. Mr. Haggard said he would definitely look into that because that will benefit them and give them more authority. Commissioner Johnson noted that Apopka will probably annex the second airport into their City, and both will then be in Apopka. Commissioner Anderson asked when the funding is due, and Mr. Haggard advised they need to start getting funding as soon as they take donation airports, so that would be within the next month. He said payments could be spread out over the year, if desired. Commissioner Hood agreed that Apopka will reap more benefits than Winter Garden or Ocoee, and feels there should be a Tri-City agreement to share in some of the tax base. He questioned the benefit of the seat on the Metro Orlando Planning Board. Commissioner Anderson said that can be addressed at the next meeting Airport Authority Meeting and Mr. Haggard said he has no problem addressing that issue. Mayor Vandergrift said Apopka will get some benefit beyond Ocoee and Winter Garden, but he feels all of West Orange will benefit from this. Mayor Vanderarift, seconded by Commissioner Anderson, made a motion to approve the arant of $40,000 to the Oranae County Airport Authority toward the conversion of two airports from private to public use aeneral aviation airports, with the condition that a cooperative aareement is formed between all parties statina that Oranae County and Apopka will create a CRA, or some type of taxina authority, that would allow them to collect real estate taxes from the City and County and be placed into the aeneral fund of the Airport Authority, to be used if more money is needed to fund the proiect. City Attorney Rosenthal asked for clarification that the agreement on the CRA or tax base sharing is conditioned upon the release of the $40,000, because they won't get an answer to that in the time frame that the money is needed. Mayor Vandergrift said that it is a condition of his motion that all cities (Ocoee, Apopka, and Winter Garden) sign onto it and that Orlando and Apopka agree with the concept of creating a Taxing Authority, and the motion was rephrased to reflect that condition. Commissioner Hood asked if we had seen their budget. Assistant City Manager said she does not believe it has been done, but felt it was important that we do that. Page 2 of 15 City Commission Regular January 16, 2007 Vote was taken on the motion. Motion carried 4-1, with Commissioner Hood opposed. Assistant City Manager Croteau asked if this money should be taken from the Contingency Fund. Mayor Vandergrift said that the City Manager can review it and advise where the money should come from. Boy Scout Troop 766- Assistant Scout Master of Boy Scout Troop 766 introduced some of the scouts and said they are working on the citizenship and community merit badge. They met with the Mayor before the meeting and interviewed him. Black History Committee of Orange County - Bernard Batson said they are preparing for their 5th Annual Banquet and would like the City of Ocoee to support them. Commissioner Johnson said he would like to have them go through our Human Relations Diversity Board before he agrees to fund their event. Commissioner Anderson, seconded bv Commissioner Keller moved to purchase a Silver Membership for $1,000, which includes six seats at the banauet and advertisina in their brochure. Motion carried 4-1, with Commissioner Johnson opposed. Ocoee High School Drama Club Members of the Ocoee High School Drama Club gave a history of what they have done, how they have raised funds so that they can perform plays, and how they have had trouble raising enough money to cover the costs of their productions. Two students performed for the Commission and Public. Commissioner Anderson, seconded bv Mavor Vanderarift moved to arant $500 to the Ocoee Hiah School Drama Club, to be taken from the Commission Continaencv fund. Motion carried 5-0. I B. COMMENTS FROM CITIZENS/PUBLIC- none I C. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood-none Commissioner Anderson-none Commissioner Johnson-none Commissioner Keller 1) congratulated the HRDB for an excellent parade yesterday. 2) said the next School Board meeting is January 23,2007, which will be the Public Hearing for the Apopka Relief School, we are still trying to get them to move the boundary to keep students in Ocoee 3) informed everyone about Nights for Nurses on March 31,2007, at 7:00 pm, with entertainment from Disney and Cirque Du Soleil, Admission is $5.00 Page 3 of 15 City Commission Regular January 16, 2007 I D. CONSENT AGENDA Approved on Consent. Motion carried 5-0 ree Under the Second Amendment to Annexation and Developer Agreement with Ocoee Commons LLC, a sixteen inch wastewater force main and sixteen inch reuse main were installed through the Ocoee Commons PUD development as part of the City's CIP program to relocate and upsize the force main on SR 50 and the continued expansion of the reuse system. The project and the Agreement were approved by the City Commission on October 19, 2004. The pipelines were installed over the following twelve to fifteen months. As part of the construction process, staff review of the project shop drawings determined that the plug valves on the wastewater force main were not full port opening valves. The industry standard is a 80% opening through the valve. The increased cost to provide full port opening plug valves was $9,790.50 for three l6-inch and three 6-inch plug valves. Knowing the importance of this pipeline, stafffelt the change was justified and required the change during the shop drawing review and material purchase phases of the construction. The developer provided a verbal quote on the cost increase but was not very diligent in delivering the documentation to the City staff to process the change order. The project has been completed and facilities are in operation at this time. Approved on Consent. Motion carried 5-0 nS Young's Communications Co., Inc., is presently installing the water mains and service taps for reclaimed water service in the Silver Glen Subdivision using directional boring techniques. During the course of the project, it was discovered that additional service connections could be supplied to a portion of Center St. within the Silver Glen Subdivision but not originally included in the project using the directional boring method of construction. This method allows the contractor to circumvent two large trees and stay within the narrow right of way on this portion of Center St. in order to extend service to this portion of the Silver Glen Subdivision. The proposed increase in project scope will extend the 8-inch service main by 370 feet, provide reclaimed water service to five homes not included in the original project, and facilitate future expansion of the reclaimed water system into the residential area west of the Silver Glen community. The amount of the change order is an increase of $20,769.85, a cost based on the contract unit prices and City-measured quantities, with no adjustment in contract time. The total contract price will increase to $808,406.90. The Engineering Department recommends that the City Commission approve Change Order NO.1 for the additional work and increase the construction contract by $20,769.85, with no adjustment in contract time. Approved on Consent. Motion carried 5-0 The Utilities Department's approved fiscal year budget included the capital purchase of a small trackhoe excavator. The trackhoe has an increased load capacity, longer reach, and the ability to dig deeper and faster while working in tight and unstable confines. The obtained trackhoe will increase Utilities construction crews' capabilities such as the construction of water main with ductile iron pipe up to pipe diameters of 10". Staff is recommending the purchase of a Caterpillar 304c CR Mini Hydraulic Excavator with increased options of: an extended boom, upgraded horse power (304c to 305c), air-conditioning, additional 12" and 24" trench buckets, extended warranty, and lifting grapple with pins. The purchase is based on the City piggybacking Pinellas County's contract and awarding the Caterpillar 304c mini trackhoe excavator to Ring Power Corporation & ITS Division. The 304c base price is $44,994.86 with an additional option totaling $18,588.00 for a total amount of $63,583.86. Page 4 of 15 City Commission Regular January 16, 2007 Approved on Consent. Motion carried 5-0 Staff recommends that the City Commission award the Contract for RFQ #0702 to Public Resources Management Group, Inc., and authorize Staff to proceed with contract negotiations with PRMG. The selected firm will assist the City of Ocoee in reviewing the City's Utilities Department current and future revenues and expenditures for sufficiency. A key task of the Firm's work shall be the development of a financial model capable of being revised based on ongoing expenditures and revenues by City staff and annually updated by the Firm. Approved on Consent. Motion carried 5-0 Fleet Staff has requested a heavy truck lift in the FY 06/07 Budget. This lift will facilitate fleet staff being able to work on the City's heavy equipment such as vactor trucks, backhoes, Kaiser's as well as the entire fleet of Solid Waste vehicles. This piece of equipment can handle up to 50,000 pounds and has adjustable ramp widths to facilitate the variations in wheel base on the heavy equipment. This is a necessary addition to the two lifts purchased last year, a 10,000 pound two post lift and a 12,000 pound drive-on lift. Fleet staff have researched several types of heavy truck lifts and received a total of four quotes. Fournier Equipment, LLC was by far the most cost effective choice for heavy truck lifts. Staff is recommending that we purchase this lift in the amount of $29,425.00, from Fournier Equipment, LLC, where we purchased the other two lifts as they are local and have all ready proven extremely responsive to customer service issues. The Budgeted cost in FY 06/07 for the Heavy Truck Lift was $30,000 in the Fleet Divisions Capital Equipment line item 001-541-40-6400. A cost proposal has been submitted in the amount of $29,425.00 which is within budget. Approved on Consent. Motion carried 5-0 The Commission approved in the 06/07 budget for Public Works to acquire a portable concrete mixer. This is a specialty item that not only allows Public Works to mix concrete on site in production quantities, it also more importantly can be used as a towed concrete hauler for picking up mixed concrete from the batch plant and haul it to our repair projects. The City of Pin ell as Park purchased the same model and have said that 90% of the time they use theirs as a transport and are very happy with the machine. Their machine has had no down time issues since they purchased it in 2001. We have searched for similar machines to use as a comparison, but have been unable to find anything remotely similar that can be towed behind one of our trucks. There is not a current bid we can piggy-back onto and Portamix is the only small (2 cubic yard) towed agitating concrete transport found to fit Public Works needs. Most concrete transporters are truck mounted and designed to haul concrete short distances on a construction site from a portable batch plant to a concrete paving machine - as used for road and runway construction. Approved on Consent. Motion carried 5-0 , The Commission approved the final subdivision plan for the Villages of Wesmere Townhomes at the March 7, 2006, meeting, Item G-14. Included in the approval was the design and construction ofa mast arm traffic signal at Maguire Road and Wesmere Parkway. The developer agreed to pay cash for 20% of the direct impact and the remaining 80% out of his road impact fees. The City has utilized an existing Seminole County Pushbutton Contract to estimate the initial signal construction with Chinchor Electric, Inc., for $145,000.00. This amount was approved and awarded at the May 2, 2006, Commission meeting, Item E-9. These funds were carried Page 5 of 15 City Commission Regular January 16, 2007 forward for the 2006-07 fiscal year. Final signed and sealed construction plans have been completed and pricing finalized at $167,440.61 for the mast arm signal construction. Public Works is requesting the Commission approve the mast arm signal construction with Chinchor Electric, Inc., in the amount of $167,440.61. The additional $22,440.61 required is available from the SR 50 & Maguire Intersection Improvements project. Both projects are funded from the Road Impact Fund. Approved on Consent. Motion carried 5-0 The City's Fleet Maintenance Division currently contracts most of its brake work out and is requesting City Commission approve the purchase of a Brake Lathe which would enable staff to complete many of these services in-house. Funds were budgeted this Fiscal Year in the amount of $6,500.00 for the purchase of a brake lathe. Staff recommends purchase of the brake lathe in the amount of $6,750.00. This is $250.00 over the budgeted amount and is due to the addition of a platinum adaptor kit which will allow us to work on all autos, light trucks and heavy trucks up to 550's. It also comes with 2 speeds for a faster cut. Staff recommends this purchase by utilizing cost savings that will be realized with the purchase of the Freon Recovery and Recycle Machine which is budgeted in FY 06-07 at $4,500.00 and will be purchased for $2,975.00, equating to a cost savings of $1 ,525.00. Staff respectfully recommends that the City Commission approve the purchase of a brake lathe and accessories from Fournier Equipment, LLC for an estimated amount of$6,750.00. Approved on Consent. Motion carried 5-0 Pioneer Key II Mobile Home Park (PK II) infrastructure improvements are being funded by the Orange County Department of Housing and Community Development's Community Development Block Grant (CDBG) program. The City had applied for a $1,000,000.00 CDBG grant for improvements to PK II and was awarded $1.5M. The County also requested that the City have the project designed and under construction by the end of the fiscal year. In order to meet the County's schedule requirements, the City had planned on awarding the design work to Professional Engineering Consultant's, Inc. (PEe). PEC is the Engineer of Record for the Pioneer Key Regional Stormwater Pond being funded by FDEP, and it is in the best interest of the City to have PEC also complete the PK II work as they hold the corporate history of the project and could facilitate the schedule requirements. When Orange County awarded the City the $1.5M grant, the construction limit was pushed over the threshold for awarding a continuing service design contract under the Florida State Statutes pertaining to the Consultant's Competitive Negotiation Act (CCNA). The purpose of this act is to ensure fair distribution of design work under continuing contracts. In this situation that was thrust upon the City by the County, the City Attorney's have determined that awarding the design work to PEC will not violate the CCNA due to PEC's involvement in previous phases of this project, the specific nature of work being continued and the time constraints to complete the assigned tasks. Approved on Consent. Motion carried 5-0 fOvalto rksDepa I In order to streamline the cleaning and maintenance of City facilities, Public Works desires to consolidate all custodial functions to the Facilities Division. The Parks and Recreation Department currently has two part-time custodial positions that we desire to consolidate with the Facilities Custodial Team in order to better utilize staff and provide increased services. The consolidation has been taking place on a trial basis for 30 days and has been successful at meeting these goals and improving the cleanliness of City facilities. Public Works is requesting that the two part-time positions in the Parks and Recreation Department be transferred to the Facilities Division along with the subsequent salary funds in the amount of $29,925.00 to finish out the fiscal year effective this current pay period. Salary amount - $26,870.00, FICA amount - $2,055.00. Approved on Consent. Motion carried 5-0 Page 6 of 15 City Commission Regular January 16, 2007 Discussion on Consent Agenda Items Item #5 Commissioner Anderson asked, regarding Item #5, hiring a consultant to do an evaluation of our enterprise fund, is this where we are going to do a study to see if we need to raise their utility fees. Assistant City Manager Croteau said this is a standard study that should be done periodically and it will include projections and shortfalls. Utilities Director Smith said that the consultant will create a financial model that can be created every year so that they can bring an annual report of the status on revenue and expenses; if adjustments are needed it would be brought before the Commission regarding levels of service that the Commission can agree on. Mayor Vandergrift said that we will be going out of the utilities business unless we negotiate with Orange County; we need to make that part of the study. Item #10 Commissioner Johnson said that Pioneer Key has needed this for a long time, and this project will get things started because we are way behind in the condition of the roads there. Commissioner Anderson said that Commissioner Johnson is to be commended to his involvement in getting the CDGB grant money to get this project done. Item #9 Commissioner Hood asked if we have someone to operate the new lathe, and we won't need to hire someone. Public Works Director Commissioner Hood, seconded by Commissioner Anderson, moved to approve Items #1 throuQh #11 on the Consent AQenda as presented. Motion carried 5-0. I E. PUBLIC HEARINGS The unnamed 30-foot right-of-way is located between the easterly right-of-way of West Avenue and the westerly right-of-way of Spring Avenue. This area is currently grassed and wooded and is adjacent to a power line (distribution) on the north side of Starke Lake Baptist Church. The applicant is requesting the City of Ocoee to vacate this roadway in order to facilitate possible future growth of the church. Staff recommends that the Honorable Mayor and City Commissioners adopt a resolution vacating the 30-foot wide public right-of-way for the unnamed roadway located between West Avenue and Spring Avenue, subject to reservation of a public utility easement over the abandoned roadway. City Attorney Rosenthal read the title of the resolution. Planning Manager Armstrong gave presentation and explained that letters were sent to all utility companies as required by the Land Development Code, and Brighthouse Networks and Progress Energy did ask that a 10' utility easement be left there to facilitate future growth. She said it was unanimously passed by DRC after issues were resolved by the applicant. Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the Public Hearing was closed. Commissioner Anderson, seconded by Commissioner Johnson moved to adopt Resolution No. 2007-001 approvinQ the vacation of riQht-of-way for Starke lake Baptist Church. Motion carried 5-0. Richard Doss thanked the Mayor and Commission for their support on this project. Page 7 of 15 City Commission Regular January 16, 2007 SECOND READINGS The Pension Board for the City ofOcoee Municipal General Employees' Retirement Trust Fund is governed by ordinance. Staff recommends amendment to the General Employees' Pension Ordinance to change the multiplier from 2.5% to 3%. This issue was approved by the General Employees' Pension Board and the Employee Committee. Furthermore, the issue was discussed at the budget workshops and staff was directed to return with a recommendation. The current Actuarial Impact Statement is based upon a 3% pension multiplier and 81% maximum benefit after 27 years of service. Though there is no financial impact for FY 07, the City's contribution to fund this change will be approximately 12.5% of payroll in FY 09. The City's contribution rate for FY 07 is 9.4%. City Attorney Rosenthal read the title of the ordinance. Human Resources Director Carnicella said this item was continued from December to allow time for the actuarial evaluation of the affect of the increased multiplier from 2.5% to 3% coupled with creating a cap on the pension at 81 % of salary after 27 years of service. The Actuary reported that the City's percentage of payroll will decrease by approximately 2% by adding the cap. Mayor Vandergrift stated that the employees have agreed to help fund this by reducing their COLA and merit raises this year, and he is in favor of giving them an improved Pension Plan. Mr. Carnicella said they are considering amending the ordinance so that employees who reach their cap at 27 years of employment will no longer have to contribute to the plan. There is one employee who will reach the cap in 2.5 years and he is working to iron out some of the details so that no one is adversely affected. Mayor Vandergrift opened the Public Hearing. R.P. Monacky, 1820 Prairie Lake Blvd, asked if the Plan is keeping up with the changes, or will the City be caught short. Mayor Vandergrift said that we have a pension fund that is earning an average of 8% per year, and a Pension Board with hired professionals is watching on the plan. Mayor Vandergrift closed the Public Hearing. Commissioner Anderson, seconded by Commissioner Johnson, moved to adopt Ordinance 2007-001 on second readinQ, approvinQ the increase in the Benefit Accrual Rate from 2.50% to 3.00% of AveraQe Final compensation for each year of Credited Service for all future retirees. The maximum benefit shall be capped at 81 % of AveraQe Final Compensation. Motion carried 5-0. Commissioner Anderson thanked Human Resources Director Carnicella for getting this accomplished which puts the general employees in line with the police/fire pension plan. On October 11, 2005, the Planning and Zoning Commission acting as the Local Planning Agency held their required public hearing and on November 1, 2005, the Mayor and City Commissioners held the required Page 8 of 15 City Commission Regular January 16, 2007 transmittal public hearing regarding the Wekiva Comprehensive Plan Amendments. On November 17, 2005, the City transmitted the amendment packet to the Florida Department of Community Affairs (DCA) for review and comment. On February 3, 2006, the City received the Objections, Recommendations and Comments (aRC) Report detailing issues that DCA has with the proposed amendments. In this report, DCA issued seven (7) objections and included recommended changes that staff should evaluate to meet the intent of the Wekiva Parkway and Protection Act. Over the course of a year, staff has evaluated the aRC Report and applied DCA's objections and comments to the proposed amendments which have resulted in proposed language which staff feels will satisfy DCA's concerns. Based on evaluation of the protected areas within the Wekiva Study Area (karst features/most effective recharge areas/and sensitive natural habitats) and lessing out areas that have been developed, are considered as conservation, areas that are currently under development review, etc., it has been determined that only 174 acres, or 3% of the land area within the City limits will be impacted by the WSA. Further, only 611 acres, or 8% of the land area within the Joint Planning Area (JPA) limits will be impacted by the WSA. Staff recommends that the Honorable Mayor and City Commissioners adopt an ordinance implementing the Comprehensive Plan Amendments for the Wekiva Study Area into the City of Ocoee Comprehensive Plan. City Attorney Rosenthal read the title of the ordinance. Planning Manager Armstrong explained that this came before the Commission one year ago for transmittal. DCA reviewed it and issued objections, and tonight is the final adoption based on their comments. City Attorney Rosenthal said this proceeding needs follow specific requirements because the record of the proceeding will go to DCA. Planning Manager Armstrong said that there is a Comprehensive Plan Citizen Courtesy Information List at the back table, and anyone who speaks on the subject is required to sign it. She showed an overall map stating that some areas of the City were lessed out because they are not impacted due to vested projects, approved projects, DRIs, and the CRA area. She described how areas of the City impacted by the Wekiva Study were determined by overlaying three maps to determine where three features coincide which included 1) most effective recharge areas, 2) Karst features/Closed topographic Depressions, and 3) Sensitive Natural Habitats and said the net acreage within the City of Ocoee impacted by the Wekiva Study Area is 174 acres, and 611 acres within the lP A; project that would need to comply with the Wekiva for development or redevelopment. Ms. Armstrong reviewed the seven objections issued by DCA and explained how staff has satisfied all of their objections. Mayor Vandergrift opened the Public Hearing. Commissioner Anderson asked if this Karst Study on septic tanks was related to the septic tank issue and the requirement that the newer type of tanks would have to be installed at the resident's expense. Ms. Armstrong explained that the sewer issue is part of the Wekiva study that is handled through a different department, but not addressed in this document before them tonight. City Attorney Rosenthal said that those septic tank permits will be issued by Orange County and it will be in accordance with their regulations, and it is doubtful they will look at the requirements being placed in our Comprehensive Plan. R.P. Monacky, 1820 Prairie Lake Blvd., asked what areas in our City actually drain into Lake Apopka, or where do the waters come from that are polluting the lake? Ms. Armstrong advised these areas shown on the map were identified by natural resource features that are related to drainage, but have other natural features. City Attorney Rosenthal said it could be debated whether any water from Ocoee will ever reach the Wekiva basin, but legislature drew the boundaries and everyone within the boundaries must comply. Mayor Vandergrift closed the Public Hearing. Page 9 of 15 City Commission Regular January 16,2007 Commission Hood. seconded bv Commission Johnson moved to adopt on second readina. Ordinance 2007-002. amendina the Comprehensive Plan in order to complv with the We kiva Parkway and Protection Act and identifvina those areas of the City of Ocoee located within the Wekiva Study area. Motion carried 5-0 BREAK 9:04 - 9:16 p.m. I F. REGULAR AGENDA Prairie Lakes PUD Tract "A" is approximately 44.19 acres in size and is located on the northwest comer of the intersection of Clarke Road and A.D. Mims Road. The Final Subdivision Plan proposes the construction of infrastructure for a 205 lot residential subdivision consisting of single-family detached homes and townhomes. The properties to the south are primarily developed as residential uses. The property to the north is proposed for future residential development, and the property to the east is currently being developed for residential uses. The property to the west is the site of a City park. All surrounding properties are located within the City of Ocoee and have a City of Ocoee / Orange County Joint Planning Area (JP A) Future Land Use designations of Low Density Residential, Medium Density Residential, High Density Residential, and Recreation and Open Space. Senior Planner Howell gave a PowerPoint Presentation. Commission Anderson asked about the PVC fencing and whether it would be consistent with everything else in the area that is brick. Community Development Director Wagner advised that all frontages along Clarke Road will be 6' brick fence, the tan matte PVC fencing will be on the interior. Tom Sullivan, Attorney, wanted to clarify that the staff report has a statement under the discussion section that the Townhomes will be 22-feet and 24-feet in width, but there are some that will be 16-feet. Community Development Director Wagner said there is no minimum- width requirements, and these units do meet the 1200 total square foot required by code. Commissioner Keller. seconded bv Commissioner Anderson moved approve the Final Subdivision Plan for Prairie Lakes Tract A. per staff recommendations. Motion carried 5-0. Lakewood Estates is approximately 15.8 acres in size and is located west of the intersection of Lakewood A venue and Wurst Road. The Final Subdivision Plan proposes the construction of infrastructure for a 54 lot single-family residential subdivision. The surrounding properties to the north, south, east and west are primarily developed as residential uses and are located within unincorporated Orange County and have a City of Ocoee / Orange County Joint Planning Area (JPA) Future Land Use designation of Low Density Residential. The property to the northwest, commonly referred to as the "Chevron Property", is in the City and has a Future Land Use Designation of "Low Density Residential" and a zoning designation of R-1AA (Single-Family Dwelling) and is currently vacant. Page 10 of 15 City Commission Regular January 16, 2007 Senior Planner Howell gave a PowerPoint Presentation. Commissioner Anderson asked if there were sidewalks on both sides of the road and will it be built at the same time as the building. Planner Howell said at this time that is called Road "A" and there will be sidewalks on both sides; it will be built concurrently with the infrastructure. Commissioner Keller asked about the lift station being near the Gazebo. Planner Howell said they placed it as far away as they could. Commissioner Johnson, seconded by Commissioner Hood, moved to approve the Final Subdivision Plan for lakewood Estates, per staff recommendations. Motion carried 5-0. Pursuant to Florida Statutes, the Department of Environmental Protection (DEP) is in the process of adopting the Upper Ocklawaha Basin Management Action Plan (BMAP). The BMAP was finalized as a consensus document on June 22, 2006, by authorized representatives of the agencies and organizations listed as members of the Upper Ocklawaha River Basin Working Group (BWG). Ocoee is a member of the BWG as the northwest portion of the City is included in the drainage basin. The goal of the BMAP is to implement the Department's Total Maximum Daily Load (TMDL) program authorized as part of the Florida Watershed Restoration Act, also codified in the Florida Statues. DEP implements the act by applying a watershed management approach of which the City is participating through the Pioneer Key Regional Stormwater Pond project. DEP has requested that as an active member of the BWG, the City execute the Commitment to show our support for the adoption of this BMAP. Public Works Director Krug said the purpose of plan is to reduce phosphates entering this river basin, which eventually end up in Lake Apopka. The City ofOcoee's portion of this is using the DEP funding to construct the Pioneer Key regional stormwater pond and treat pollutants in that area before they reach Lake Apopka. DEP asked all participants to execute the Statement of Commitment to show support of this plan. Mayor Vanderarift, seconded by Commissioner Johnson, moved to approve the Final Subdivision Plan for lakewood Estates, per staff recommendations. Motion carried 5-0. I a. Approval of the Election Contract with Orange County Supervisor of Elections. I The Supervisor of Elections Office submitted contracts for the March 13, 2007, General Municipal Election and April 10,2007, Run-off Election (if necessary). Staff recommends the Mayor and Commission approve the Summary of Responsibilities Contract and the Vote Processing Equipment Use Agreement and Election Contract to be in effect for the 2007 Election(s). Commissioner Anderson, seconded by Commissioner Hood, moved to approve Summary of Responsibilities Contract and the Vote Processina EQuipment Use Aareement and Election Contract to be in effect for the 2007 Election(s). Motion carried 5-0. Page 11 of 15 City Commission Regular January 16, 2007 b. Approval of Canvassing Board Criteria and Change of Location for Canvassing Board. Pursuant to Florida Statute 101.5614 and Ocoee City Charter Section C-50, the Canvassing Board shall meet at noon on March 14, 2007, in the presence of members of the public desiring to witness the proceedings. The Board will declare the results of the canvass and results of the election. Under new election laws, any outstanding provisional ballot cannot be counted until after Friday, March 16, 2007, at 5:00 p.m. If such ballots exist in the Ocoee General Election, the Canvassing Board will continue the meeting on noon, Monday, March 19, 2007, to include those ballots, and declare the official results of the Election. In accordance with the City Charter, the Canvassing Board will consist of Mayor Vandergrift, Commissioner Anderson, and Commissioner Keller. Additionally, the Canvassing Board has historically met in the Commission Chambers Conference Room and Staff is recommending the Board meet at the Supervisor of Elections Office. Bill Cowles, Supervisor of Elections, requested that all ballots are counted on the high- speed tabulators rather than the smaller rented tabulators. These machines are faster and have a higher degree of accuracy in reading the cards without rejecting them, creating less ballots that need to be duplicated and re- tabulated. Commissioner Anderson, seconded by Commissioner Keller, moved to approve the Canvassina Board Criteria for countina absentee ballots as submitted by the Supervisor of Elections Office and recommended by staff. Motion carried 5-0. Commissioner Anderson, seconded by Commissioner Johnson, moved to approve the Canvassina Board chanae of location to the Supervisor of Elections Office as recommended by staff. Motion carried 5-0. I c. Opt out of Early Voting. I On January 3, 2006, the City Commission adopted Ordinance 2006-001 adding Section 5-16 to the Code of Ordinances of the City of Ocoee allowing a provision to Opt Out of the Early Voting due to financial and logistical considerations. Staff recommends, due to financial and logistical constraints, that the Mayor and Commission Opt Out of Early Voting in the City of Ocoee, FL, for the March 2007 General Election, and April 2007 Run-off Election, if necessary. Commissioner Anderson, seconded by Commissioner Hood, moved to exercise the option provided in Ordinance 2006-001 to opt out of Early Votina in the City of Ocoee and have the Supervisor of Elections Office handle it county-wide. Motion carried 5-0. I G. STAFF REPORTS Assistant City Manager Croteau announced the arrival of the 2007 Calendars. Assistant City Manager Croteau said we received a request for someone to serve on the OCPS Policy Direction Committee and the Mayor has offered to sit on that committee, but they need members for the Legal and Stakeholder Committees. The Stakeholder Committee has 20-30 members, they would like us to nominate 2 or 3 community members. Commissioner Anderson, seconded by Commission Hood, moved to appoint Commissioner Keller and Mayor Vanderarift to the Leaal and Stakeholder Committee, with a third member to be selected by the Ocoee School Advisory Board. Motion carried 5-0. Page 12 of 15 City Commission Regular January 16, 2007 I H. COMMENTS FROM COMMISSIONERS Mayor Vandergrift - 1) read a letter from William Burlingham asking what provisions are being made with regard to the Schools for Prairie Lake project overcrowding. Mayor Vandergrift said overcrowding is a problem throughout Orange County, but there are current negotiations for an elementary school site, a middle school site has been purchased, there is a high school that is not overcrowded yet and we would like the school board to do the same for Ocoee High School as they did for Olympia and add on another wing that could house more students, 2) introduced Dr. Jennifer Porter Smith, sister of Community Relations Director Wright, and Executive Director of NAP Ford Charter School in Orlando. She said that the City can do different things depending on what they are trying to accomplish. If the City wishes to become its own local educational agency, it can use Coral Gables as a great resource as far as their strategic plan. If the City wants to create Charter Schools it would have to have support from the parents, a marketing plan, and something unique to offer. Charter Schools were not created to assist with overcrowding, they were created to offer something unique and innovative to students. She said they receive FTE funds of approximately $3500 per student, and additional funds for exceptional students. A Pre-K unit gets no funding for schooling except Federal funding for because most students are at or below the poverty line. There is also grant money and fundraisers that bring in money. She advised no one was hired to assist with the start up of the school. She said the first steps should be to see what type of community support exists, overcrowding issues, and what type of unique and innovative education would they like offered here (arts and humanities, foreign language, etc.) You don't want to compete with Orange County too much, you have to offer something different. Once you establish what type of Charter School you want, then you can write grant applications to get funding. If you have Community Support, a location and building, some incoming capital, etc. in the strategic plan, you can then start a school that targets just a few grades. Discussion ensued regarding how to get someone to give us an overview of our educational needs in the City and what would be the best avenue to pursue regarding Charter Schools, Charter Conversions, and School Districts. Commissioner Anderson, seconded bv Commission Keller moved to direct staff to implement an RFQ for a consultant to look at Charter conversion, districtinQ, and other options. Motion carried 5-0. 3) Mayor Vandergrift said he made a trip to Lake Whales to talk to students and parents to see how they felt about their Charter Schools. Most of the teachers and students were positive about the change, only one person expressed dissatisfaction with the way a "teacher of the year" was let to because of the politics; they only have one year contracts for teachers. Commissioner Keller 1) has one more School Board Member to talk to and then he will have spoken to all of them. He says he may be able to get a 4-3 vote to change the boundaries, but the number of concerned people who show up at the meeting will make a huge difference. He thinks more people than just parents of the students should be involved because this issue influences house values. Mayor Vandergrift said he attended a HOA meeting at Prairie Lake and only one person was aware of the redistricting of schools, 2) asked about the Little League moving their Page 13 of 15 City Commission Regular January 16, 2007 boundary lines and Commissioner Hood said the rescinded on that because Pine Hills withdraw this year. 3) said Christmas and New Year's fall on same day, those who have recycling on that day don't get picked up for three weeks. Public Works Director Krug will have alternate pick up on Wednesday next year, and Saturday in 2208. 4) asked about the Clarke Road, north of AD Mims, regarding the need to increase speed to match the rest of Clarke. Commissioner Johnson said it was that way before because of no sidewalks, but now they should be able to increase the speed. Public Works Director Krug said they did a speed study there, and most were going 45mph in a 35mph area; they are looking into solutions for this but need to consider there are developments going up in that area that may affect traffic patterns and speeds. 5) said the lot on NW side of AD Mims and Prairie Lake Blvd. is overgrown and covering the sidewalk, someone from Public Works told a resident they would take care of it, but has not been handled yet. Commissioner Johnson) announced Districting Commission Meeting on January 18, 2007, 2) said we need to stop paying for Christmas lights we are not getting; half of them are not working. Can we straighten it out before next year? Public Works Director Krug said we had numerous conversations with Progress Energy and the Company who installed them. He is talking to the CM about alternatives for next year. 3) said street lights are also out around the City and someone needs to be record them. Chief Reffett said he will have a list by morning. 4) he said we are ignoring a lot of Code Enforcement issues, such as overgrowth, and we need to be proactive. The vacant lot at Lakewoodand the lot at Silverstar and Bluford is fenced but now they don't mow it. There are trailers that need to be condemned. Also, the lot near former Commissioner Howell's house, where the kids pass all the time. 5) said he had great time at Martin Luther King Day parade, and added that the City has been working toward this for many years. Commissioner Anderson 1) asked about the results of the meeting on the transfer station. Assistant City Manager Croteau said she and the Mayor and approximately 100 residents attending the meeting. They are in the early stages, they will be looking at other sites also and will be hiring a consultant to assist with the selection. Mayor Vandergrift said the main concern seemed to be traffic on King Road and McCormick Road. Commissioner Keller advised he was at the meeting, but arrived late. He said concerns that were voiced were traffic, smell, and the danger of kids crossing near the large trucks so close to the school. Commissioner Hood 1) thanked HRDB for the excellent job they did, the parade was great, although he did run out of candy to throw. 2) said Vignetti Park had obscene graffiti on the playground equipment that needs to be repaired, and have new park ranger step up patrol to prevent it from happening again Mayor Vandergrift 1) received a letter from WO Chamber regarding the Champions GALA, Friday, Jan 26th, $960 for a table Commissioner Hood, seconded by Commission Johnson moved to purchase a table at the West Oranae Chamber Champions Gala, in the amount of $960 from the Commission Continaency fund. Motion carried 5-0. 2) said he has finalized legal defense fund, it will be called SOCS for "Save Ocoee Community Schools," and it will be at Heritage Bank. Any funds not used will go to Ocoee High School. He will give more information about it in the next Gazette. Page 14 of 15 City Commission Regular January 16, 2007 I ADJOURNMENT The meeting was adjourned at 10:30 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 15 of 15