HomeMy WebLinkAboutItem V(A) Approval and Acceptance of the Regular City Commission Minnutes of September 7, 2004 and September 21, 2004; and Final Budget Hearing Minutes of September 20, 2004 Agenda 10-05-04
Item V.A.
MINUTES .-,
OCOEE CITY COMMISSION REGULAR SESSION [I 12 A cif
HELD SEPTEMBER 7, 2004 uu
CALL TO ORDER
Mayor Pro Tern Anderson called the regular session to order at 7:18 p.m. in the
Commission Chambers in City Hall. Commissioner Parker led the Invocation and City
Manager Frank led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called
roll and declared a quorum present.
Roll Call: Mayor Vandergrift (arrived 7:30 p.m.), Mayor Pro Tem Anderson,
Commissioner Howell, Commissioner Johnson, and Commissioner Parker.
Also Present: City Manager Frank, City Attorney Rosenthal, City Clerk Eikenberry,
and Deputy City Clerk Brasher
PRESENTATIONS AND PROCLAMATIONS - None
COMMENTS FROM CITIZENS/PUBLIC
R. P. Mohnacky, 1320 Prairie Lake Blvd, asked about back up lift stations if power is
lost. Public Works Director Wheeler said we never lost our power at the waste water
plant, we lost power to 14-15 lift stations, many of which have on site generators and we
have two portable generators, staff worked tirelessly and prevented any overflow from
occurring in the system throughout Hurricane Frances and Hurricane Charley.
Lester Dabbs, 619 Caborca Court, voiced his concerns with the flashing yellow light on
Bluford Avenue and McKey Street. Deputy Public Works Director Zaitooni said he
would resume the light to normal function; it was changed due to construction on
McKey. City Manager Frank asked Police Chief Godon to have police monitor the
traffic flow to see if problems are still occurring.
COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Parker—no comment
Commissioner Johnson — announced that the benefit golf tournament for emplyee
Theresa Braddy-Bagwell has been moved from September 10th to September 17that
the same time, and thanked the staff for their great efforts during Hurricane Frances.
Commissioner Howell- no comment
Mayor Pro Tern Anderson- thanked staff for their hard work during the hurricane.
CONSENT AGENDA
A. Approval and Acceptance of the Minutes of the City Commission Regular
Session of August 17, 2004 and Budget Work Sessions of August 16 and
23, 2004. (Acting City Clerk Brasher)
City Commission Regular Meeting Minutes
September 7,2004
B. Approval and Authorization of Ridge South Subdivision Plat; and
Authorization for Mayor and City Clerk to Execute Plat. (Public Works
Director Wheeler) (Continued from August 17, 2004, City Commission Regular
Meeting)
This plat is for Ridge South subdivision, which consists of 2-unit single-family homes located at
the south tip of previously permitted and existing Forest Ridge subdivision and west of the
cemetery. Access to these 2 lots is through Forest Ridge subdivision, which is located on the
east side of Lakewood Avenue and across from FX Scenery&Display, Inc.through Walnut Ridge
Avenue to Basking Ridge Court. All required documentation pertaining to the platting of this
development has been reviewed and approved by City staff.
C. Appointment of Elizabeth Finnemore to Education Commission. (Acting
City Clerk Brasher)
Only one application was submitted at this time and should the City Commission wish to appoint
Elizabeth Finnemore to the Education Commission; she would serve a two-year term ending
September 1, 2006.
D. Reappointment of Lee Ann Stanley as Alternate Member to the Code
Enforcement Board. (Acting City Clerk Brasher)
Alternate Member Lee Ann Stanley of the Code Enforcement Board respectfully requests the
Commission to certify her reappointment to serve another term ending September 30, 2007.
E. Reappointment of Thomas Ison, Sr. as Trustee for the General Employees'
Retirement Trust Fund. (Acting City Clerk Brasher)
The Trustees of the General Employees' Retirement Trust Fund respectfully request this
Commission to certify the reappointment of Thomas Ison, Sr. to serve another term ending
September 30,2006.
F. Approval and Authorization for an Additional $6,000 to be Transferred from
Contingency to the Education Incentive Program to Continue the Program
Through the End of the Fiscal Year. (Human Resources Director Diedrich)
The Educational Incentive Program provides funding for employees to pursue course work
related to their job or to the long-range value of the employee to the City. Not only has usage
increased, the users are seeking advanced degrees or more costly certification programs related
to City positions.The initial request for this line item for FY 2003-04 was$27,165. A transfer from
Contingency of $8,000 approved by the Commission on August 3, 2004 has already been
exhausted.
G. Approval and Authorization to Pay Sprint an Additional $2,065.61 from
Capital Budget Account 522-00-6405 for Fire Station One Computer
Interface. (Fire Chief Strosnider)
The funds that are being requested to pay for the computer interface card will be obtained from
the same capital budget account (522-00-6405) that was originally budgeted for computers.
These funds are considered savings due to the Emergency Management Grant that provided
computers for the Fire Department. The computer interface card connects the computer network
from Fire Station One to City Hall.
H. Approval and Authorization to Close Brush Creek Court To Use For
Construction Site for Old Winter Garden Road Widening Project. (Public
Works Director Wheeler)
The City has received a request to temporarily dose Brushy Creek Court to allow for Prime
Construction Group, Inc.to use this area for an office trailer location and equipment and material
storage site. Therefore, the Public Works Department is requesting that the City Commission
approve of the closure of Brushy Creek Court for a duration from September 2004 until May
2006,the projected completion end date for the Old Winter Garden Road Improvements Project.
Page 2 of 7
City Commission Regular Meeting Minutes
September 7,2004
I. Approval and Authorization of Vineyards Subdivision Plat; and
Authorization for Mayor and City Clerk to Execute Plat. (Public Works
Director Wheeler)
This plat is for The Vineyards subdivision, which consists of a 100-unit single-family residential
development with its associated roads and storm water management system. This subdivision is
located west of and adjacent to Ocoee-Apopka Road and just north of West Road. All required
documentation pertaining to the platting of this development has been reviewed and approved by
City staff.
Consent Agenda Vote: Commissioner Parker, seconded by Commissioner
Johnson. moved to approve items A. B. C. D. E. F. G. H and I from the consent agenda
as presented. Motion carried 4-0 with Mayor Vandergrift absent.
PUBLIC HEARINGS - None
OTHER BUSINESS
A. First Reading of Ordinances. (Second Readings and Public Hearing
Scheduled for September 21, 2004, at 7:15 p.m.)
Ordinance No. 2004-22— Relating to Automatic Fire Protection Systems
Required in Certain Multi-Family Residential Units. (Assistant Fire Chief
Firstner)
City Attorney Rosenthal read by title only ordinance No. 2004-22
There was consensus of the Commission to have staff research fire sprinkler installation
for new construction of residential properties. including mobile homes.
Mayor Vandergrift arrived at 7:30 p.m.
B. Request for Reduction of Fine/Lien on Code Enforcement Board Case#84-
18— Maria Vela. (Building Official Phelps)
Building Official Phelps discussed the history of this lien, which had accrued at
$200.00 per day to approximately $367,500.00 plus interest totaling $401,483.13. Mr.
Phelps said a previous City Manager agreed to accept an amount of $3,000.00, which
the owner felt was too much. The City felt the fee was reasonable because of legal and
staff time spent. The Code Enforcement Board on August 4, 2004, heard this case and
recommends the lien be reduced to $3,000.00 provided it is paid within 30 days
following the final judgment. Discussion followed whether any reduction of the lien
should occur. Wes Benton, Real Estate Consultant representing Mr. Marsh, advised
the intent is to place a permanent residence on this property, and asked the
Commission to consider the reduced lien. Mayor Pro Tem Anderson said he would
like more time to consider other options.
Commissioner Johnson. seconded by Commissioner Parker. moved to continue this
Item until October 5. 2004. and directed staff to bring back other alternatives. Motion
carried 5-0.
Page 3 of 7
City Commission Regular Meeting Minutes
September 7,2004
C. Report on State Road 50 BJ's Site, Amendment to Access Management
Plan. (Community Development Director Wagner).
Community Development Director Wagner stated that F.D.O.T. made the decision to
move the access point on S.R. 50 without the input of the City. Staffs recommendation
is to prepare an ordinance, which would to amend S.R. 50 Access Management Plan,
subject to the developer providing a letter requesting the amendment and the developer
agreeing to pay all attorney costs and advertising expenses associated with the
ordinance change and all public hearing advertisements.
Commissioner Johnson. seconded by Commissioner Parker. moved to direct Staff
to prepare a Land Development Code Ordinance per Staff recommendation. which will
Qo before the Planning and Zoning Commission for a public hearing and then two public
hearings before the City Commission. Motion carried 4-0, with Mayor Vanderanft away
from the dais.
D. Approve JPA with FDOT for Landscaping Improvements on Silver Star
Road between Olympus Drive and Woodhaven Court and Authorize Mayor
and City Clerk to Execute JPA. (Deputy Public Works Director Zaitooni)
City Attorney Rosenthal read the title of the resolution. Deputy Public Works
Director Zaitooni said once the monies have been obligated by FDOT we can proceed
with the design implementation.
Commissioner Parker, seconded by Commissioner Anderson. moved to adopt
Resolution No. 2004-08. approving the JPA. Motion carried 3-0. with Commissioner
Johnson and Mayor Vandergrift away from the dais.
E. Update on Storm Debris Removal from Hurricane Charley and
Compensation for City's Contractor. (Dep. Public Works Director Zaitooni).
Deputy Public Works Director Zaitooni said the Commission initially authorized
$50,000.00 for clean up of Hurricane Charley, and he estimates the clean-up efforts to
cost near or above $200.000.00 with additional damage from Hurricane Frances.
FEMA required a cut off date of Sept 4th between Hurricane Charley and Hurricane
Frances. City Manager Frank said if costs should rise above the $200,000.00 with
additional damage assessment from Hurricane Frances, it would be brought back to
them at a future Commission Meeting.
Mayor Vanderorift, seconded by Commissioner Johnson. moved to authorize the
emergency expenditure of an additional $150.000.00 for continued dean uo of
hurricane debris, Motion carried 5-0.
There was also a consensus of the Commission to direct staff to research ways to
enforce the trimming or removal of trees on properties that would pose danger to homes
in a strong wind event.
F. Discussion re: Christmas and New Years Holiday for 2005.
(Multimedia/Community Events Manager Elliott)
Commissioner Anderson. seconded by Commissioner Parker. moved to approve
December 23. 2005. and December 26.2005. as the days City Hall will be dosed for the
Christmas holiday and designated January 2. 2006, as the day City Hall will be dosed
for New Years Day. Motion carried 5-0.
Page 4 of 7
City Commission Regular Meeting Minutes
September 7,2004
G. Discussion re: 2005 Ocoee Community Calendar Theme.
(Multimedia/Community Events Manager Elliott)
Without objection, the Consensus of the Commission for the Community Calendar
theme was to highlight various departments with photo collages depicting what each
department does.
H. Discussion re: Subdivision Close Out and Maintenance Bonds for Repairs.
(Public Works Director Wheeler)
Public Works Director Wheeler reviewed his staff report regarding Maintenance
Periods for Constructed Developments. He advised his recommendation was to keep
the maintenance period at two years at this time and monitor the issue should the
industry standard increase toward three years. A discussion ensued among the
Commission, staff, and City Attorney regarding: whether or not a three-year bond is
available in the market and what the cost would be; when the two-year bond period
should begin; ensuring the inspection process of the roads in new developments are
thoroughly done by the city and the developers engineers, to which the City Attorney
said the City reviews the inspections but the responsibility lays with the engineer who
puts their seal on it; problems in Orchard Park, Windsor Landing, Prairie Lakes, and
Silver Glen; and that the Prairie Lake developer is now working on another project in
Ocoee at this time and more closely scrutinizing this new project.
STAFF REPORTS
Chief Ron Strosnider gave a summary of the Emergency Operations Center (EOC)
functions throughout the storm. They had two people at the County EOC and
established phone and email contact with them. They handled approximately 450 calls.
He said the overall performance was excellent, and they will be discussing ways to
overcome issues such as losing phone communications. He told residents to spread
the word that ice and water is being given out to residents free of charge at the mall.
Deputy Public Works Director Zaitooni said the garbage recyding is proceeding as
normal. Residents should not place debris in the garbage carts; debris should be
placed at the curb and will be picked up separately. We anticipate the debris removal to
be completed in approximately four weeks. Leaves bagged by residents will also be
picked up free of charge in an attempt to keep the storm drains from clogging. He
announced the number for Public Works is 407-905-3170 and updates will be posted on
OGTV. Commissioner Parker asked about chipping trees and giving away free mulch,
to which Mr. Zaitooni said that it is very time consuming and at this time he
recommends staying with the hauling and burning process until the bulk of the debris is
cleared up. Mayor Vandergrift asked if we had a location where residents could haul
debris that would be more convenient. Mr. Zaitooni said the city yard is very wet at this
time but they will look into finding a site that will work. The Mayor urged residents not to
place debris near shrubs, mailboxes, fire hydrants, or any location that would make it
difficult for the claw to pick it up.
Page 5 of 7
City Commission Regular Meeting Minutes
September 7,2004
Public Works Director Wheeler asked commercial and residential customers to turn
off their sprinkler irrigations systems, since additional water will run off and not soak into
their yard. He further mentioned the drinking water system held up well, pipes were
broken from rocking trees and some water had to be shut off; those areas were fixed
today and precautionary boil water notices were issued. Water was tested today, and
the results will be in tomorrow but he does not anticipate any problems. Thanked
utilities and public works employees for the long hours they put in to keep the water and
sewer systems running, and the roads cleared as much as possible. Mr. Wheeler
asked residents to call the engineering department at 407-905-3100 ext 1505 to report
problems with water or sewer systems. They are working with Orange County and
surrounding cities to assist each other. Commissioner Parker asked about mosquito
control, to which Mr. Zaitooni said they have been looking into contracting out spraying,
but got sidetracked with the hurricanes.
Commissioner Anderson asked about flooding on Highway 50, and a discussion
followed among the Commission regarding monitoring the water being pumped to make
sure it does not flood residents on Geneva Street and other areas.
Parks and Recreation Director Farmer said there is no school tomorrow but the
Beech Center will be open from 6 a.m. — 6:30 p.m. The community center roof
sustained heavy damage and they are getting quotes for repairs; all activities will be
relocated. Mr. Farmer further stated Parks employees are assisting with debris removal
at this time; clean up in the parks will begin next week. Residents are urged not to use
the parks for practice because there is so much water. The Bulldogs game to be played
in Ocoee is being rescheduled to another site.
Police Chief Gocion thanked Police Department Employees and Explorers for their
hard work, and the Fire Department for assisting his officers throughout the storm. He
further asked residents to drive safely, avoid standing water, be cautious at
intersections with no lights, report downed lines and don't drive or walk near them, and
abide by the curfews that are in effect in the mandatory evacuation areas. Mayor
Vandergrift asked if the light on Highway 50 had been fixed and Chief Gocion said it
was working as of 4:00 p.m. today. Chief Godon thanked residents for their
cooperation.
Jim Phelps thanked the Community Development employees for their hard work and
spoke about what types of repair work will require permits. He said the governor issued
an executive order allowing regular contractors to do shingle roof repairs because there
is so much to be done. He further mentioned that mobile homes fall under the DMV and
there are Statutes that govern who can make repairs on them. He asked residents to
report price gouging to the police or the building department. Mayor Vandergrift asked
that Hurricane information continue to run on OGTV with updates and contact numbers.
COMMENTS FROM COMMISSIONERS
Mayor Vanderurift apologized for being tardy; he went to a school-zoning meeting and
found it had been cancelled. While there, he received a complaint about no power to
the new school and he stayed to assist them in getting power for kids returning to
school tomorrow. Thanked Progress Energy for getting the power back on downtown,
and thanked all of the people who came from out of town to help in the aftermath of the
Page 6 of 7
City Commission Regular Meeting Minutes
September 7,2004
hurricanes. He said there is ice and water available at the mall that was brought down
from New Jersey. He thanked staff for their efforts, the Church of the Latter Day Saints,
the City's Explorers, and all those who had to stay in shelters for their cooperation. He
also welcomed Beth Eikenberry, the new City Clerk, to the City of Ocoee.
Commissioner Howell discussed the trash pick up problems with Florida Recycling
Services, to which City Manager Frank said they are looking over the contract to see
what can be enforced to get a better response from them.
Commissioner Johnson said there was a complaint about low hanging cable wires on
Bluford and the cable people told her not to worry about it. He is concerned about a
vehicle getting caught up in them and asked staff to follow up. He further wants to see if
Progress Energy can rectify the power problem with five neighborhoods around 102
Magnolia Street, because it always takes much longer to restore power to them. He
said, regarding the refuse pickup, he feels it was the right decision to privatize to save
money and not raise fees, but they may have selected the wrong company. He inquired
what the process would be to have a representative from the City keep an eye on the
tax deeds at the Courthouse so we can bid on things such as the trailer park. Mayor
Vandergrift added that we should consider foreclosing on liens that are in place right
now. Thanked the City employees for doing an excellent, professional job dealing with
the hurricanes. He further added he heard FEMA might pay for generators purchased
for the hurricane. He said he would like the City to send Progress Energy a thank you
letter for their excellent response during and after the hurricane.
Commissioner Parker thanked employees for the excellent job they did during the
hurricane. She said employees did a great job at the recent landscape seminar.
Announced that Health Central is holding a function on October 18th to help raise money
to put nurses in Orange County Schools.
ADJOURNMENT
The meeting adjourned at 9:15 p.m.
APPROVED:
Attest: City of Ocoee
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
Page 7 of 7
Agenda 10-05-04
[tem V.A.
MINUTES
OCOEE CITY COMMISSION FINAL BUDGET PUBLIC HEARINGc
HELD SEPTEMBER 20, 2004 [A
CALL TO ORDER
Mayor Pro Tern Anderson called the Special Session for the Final Budget Public Hearing
to order at 7:00 p.m. in the Commission Chambers on City Hall. City Clerk Eikenberry
called roll and declared a quorum present.
Roll Call: Commissioner Howell, Mayor Pro Tern Anderson, Mayor Vandergrift (absent),
Commissioner Johnson, and Commissioner Parker.
Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry
PUBLIC HEARING
Mayor Pro Tem Anderson announced this was an advertised public hearing to finalize the
budget and adopt a final millage rate for the City of Ocoee. The City Commission has
previously approved a tentative millage rate of 4.5789 mills, which represents a 6.2858%
increase in millage over the rolled-back rate of 4.3081 mills.
A. Briefing by Director of Finance on the percentage increase in millage under the rolled-
back rate necessary to fund the budget and the specific purpose for which ad valorem
tax revenues are being increased.
Finance Director Horton advised the percentage increase necessary to fund the
proposed budget is 6.2858% over the rolled-back rate. The ad valorem tax revenues
are being increased by $672,702.00 to provide funding for operating expenses,
programs, capital improvement projects, and the purchase of equipment and vehicles.
Finance Director Horton announced the proposed final millage rate of 4.5789 mills,
which exceeds the rolled-back rate by 6.2858%.
1. Comments by Citizens.
R. P. Mohnacky, 1320 Prairie Lake Blvd, asked for an explanation of the 6.2858 %
increase, to which Mayor Pro Tem Anderson explained the increase is based on
the same millage rate being applied to a higher property value. City Attorney
Rosenthal explained the Save Our Home tax laws.
2. Comments by Commissioners.
Commissioner Howell asked if there were any changes made in what was
proposed and was told the Water Conservation Coordinator had a change in the
Grade and the education requirements. City Manager Frank said the upcoming
salary survey will study Pay Grade and Classifications for all jobs, and compare
them with other local municipalities to create more uniformity. He confirmed that
merit increases were changed from 2% to 3%. He asked about getting another
Municipal Inspector, to which City Manager Frank said they will be contracting out
the position until they get the second Inspector on board.
Ocoee City Commission Regular Meeting
September 20,2004
Commissioner Johnson said he wants the City Manager and Commission to
consider raising the Police Chiefs salary by at least 5% to bring him up to a salary
comparable to others in the area.
Commissioner Parker- no comments
Mayor Pro Tem Anderson- said he has expressed his opinions regarding the
Police Department needing more personnel, and he will be watching to make sure
the Police Chief and City Manager work on this issue as we move forward.
3. Motions by Commissioners for amendments to the proposed tentative budget.
Commissioner Johnson, seconded by Commissioner Parker, moved to amend to
adopted tentative budget, by decreasing the Continaencv Fund by $4.641.00 and
increasing the Police Department Salary Line Item by the same, in order to provide
for a 5% salary increase for the Chief of Police. Motion carried 4-0, with Mayor
Vanderarift absent .
B. Announcement by Director of Finance of the recomputed proposed final millage rate
and the percent by which the recomputed proposed millage rate exceeds the rolled-
back rate. This percentage is the proposed final percentage increase in property taxes.
City Attorney Rosenthal announced that the proposed final millage rate is 4.5789
mills, which represents a 6.2858 % increase in millage over the rolled-back rate of
4.3081 mills.
1. Motion to adopt Ordinance No. 2004-20, setting final millage rate.
a. Comments by Citizens- none
b. Comments by Commissioners-none
c. Vote on motion to adopt Ordinance No. 2004-20, setting the final millage rate.
Commissioner Parker, seconded by Commissioner Johnson, moved to adopt
Ordinance No. 2004-20. setting the Final Millaae rate of 4.5789 mills.
City Attorney Rosenthal read the title of the ordinance and announced that the
name of the Taxing Authority is the City of Ocoee; the rolled-back millage rate is
4.3081 mills; the percentage by which the proposed millage rate exceeds the rolled-
back rate is 6.2858 %; and the millage rate proposed by the ordinance is 4.5789
mills.
Motion carried 4-0, with Mayor Vanderarift absent.
2. Motion to adopt Ordinance No.2004-21, adopting final budget.
a. Comments by Citizens-none.
b. Comments by Commissioners-none.
c. Vote on motion to adopt Ordinance No. 2004-21, adopting the final budget.
Commissioner Parker. seconded by Commissioner Johnson, moved to adopt
Ordinance No. 2004-21. adopting the Final Budget for the Fiscal Year beainninq
October 1. 2004. and ending September 30. 2005. as amended from the adopted
tentative budget by previous motion.
City Attorney Rosenthal read the title of the ordinance.
Motion carried 4-0, with Mayor Vanderarift absent.
Page 2 of 3
Ocoee City Commission Regular Meeting
September 20, 2004
C. Mayor Pro Tem Anderson announced the conclusion of the Final Budget Public
Hearing.
ADJOURNMENT
The meeting adjourned at 7:25 p.m.
Attest: APPROVED:
City of Ocoee
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
Page 3 of 3
Agenda 10-05-04
OCOEE CITY COMMISSION Item V.A.
REGULAR CITY COMMISSION MEETING MINUTES
September 21, 2004 O 1I3 LA
(� c-'
CALL TO ORDER
Mayor Pro Tern Anderson called the regular session to order at 7:18 p.m. in the
Commission Chambers on City Hall. Commissioner Parker led the Invocation and
Resident David Monis led the Pledge of Allegiance to the Flag. City Clerk
Eikenberry called roll and declared a quorum present. Mayor Pro Tem Anderson
explained that Mayor Vandergrift was attending a school rezoning meeting.
Roll Call: Mayor Vandergrift (absent), Mayor Pro Tern Anderson, Commissioner
Howell, Commissioner Johnson, and Commissioner Parker.
Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry
PRESENTATIONS AND PROCLAMATIONS
Proclamation—Constitution Week—September 17-23, 2004. (Mayor Vandergrift)
COMMENTS FROM CITIZENS/PUBLIC
David Monis, 175 Lansbrook Court, Chair of Ocoee Education Commission, discussed
the fundraiser event (Luau) on 2/19/05 at the Beech Center.
Commissioner Howell. seconded by Commissioner Parker. moved to support the
fundraiser and waive the fee for the use of the facility. Motion carried 4-0 with Mayor
Vandergrift absent.
Lester Dabbs, Jr. 619 Carborca Court, discussed the Veteran's Memorial Interchange,
which has been mandated but not funded. The program designating this will occur on
10/20/04 at 10am at the new car facility of Florida Auto Auction. They have received
some funding from other cities. They have a 501#C designation. He asked if the City
of Ocoee could contribute $500 or more.
Commissioner Howell, seconded by Commissioner Parker. moved to contribute
$2000 to this event from the Commission Contingency Fund FY 2004/05 Budget. and
have Geguita help coordinate the event. Motion carried 4-0 with Mayor Vandergrift
absent.
COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Parker- asked for and received the concensus of the Commission to
work with the developer of Arden Park (Steve Dill's property, formerly Magnolia
Plantation) and move this project forward through the process.
Commissioner Johnson- none
Commissioner Anderson- none
Commissioner Howell— none
Mayor Pro Tem Anderson - none
City Commission Regular Meeting
September 21,2004
CONSENT AGENDA
A. Approval and Acceptance of the Budget Work Session Minutes of
September 2, 2004. (City Clerk Eikenberry)
A. Appointment of Louis Fazio, Jr. to the Education Commission. (City
Clerk Eikenberry)
Only one application was submitted at this time and should the City Commission wish to appoint Louis
Fazio,Jr. to the Education Commission; he would serve a two-year term ending September 1, 2006.
B. Appointment of Michael Hopper as Alternate Member to the Code
Enforcement Board. (City Clerk Eikenberry)
Only one application was submitted at this time and should the City Commission wish to appoint Michael
Hopper to the Code Enforcement Board; he would serve a three-year term ending September 30,2007.
C. Reappointment of Nora Gledich as Trustee for the Police
Officers'/Firefighters' Retirement Trust Fund. (City Clerk Eikenberry)
Trustees of the Police Officers'/Firefighters' Retirement Trust Fund respectfully requests this Commission
to certify the reappointment of Nora Gledich to serve another term ending September 30, 2006. 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.
D. Approval and Authorization for Replacement of Three (3) Stolen Code
Enforcement Dell Laptops; and Authorization to Transfer Funds from Temporary
Position/Overtime Line Item to Capital Purchases. (Building Official Phelps).
During the Labor Day weekend and preparation for Hurricane Frances, (3) laptop computers were stolen
from the Code Enforcement office in City Hall. A report has been filed with the city's insurance carrier and
the Ocoee Police Department. The use of funds previously approved for temporary positions and
overtime by the City Commission will be needed to make the purchases. The cost of each laptop
computer will be approximately$2600.00,which includes shipping for a total of$7800.00.
E. Approval and Authorization for Temporary Closing of City Owned
Streets for Ocoee Founder's Day 5K Road Race. (Building Official Phelps)
The event will be held on October 9, 2004, from 7am until 9:30am. The streets to be closed are Clarke
Road, White Road, Orlando Avenue, Stinnett Drive, E. Lakeshore Drive and Vandergrift Drive. The
following requirements will be met: 1) All residents that will be affected by the road closings must be
notified in advance; 2) Health Central Ambulance must be notified of the road closings in advance; 3)
Roads must be blocked with proper barricades; 4) An emergency lane must be maintained during the
event.
F. Approval and Authorization for Temporary Closing of City Owned
Streets for Ocoee Founder's Day Festival and Parade. (Building Official Phelps)
The event will be held on October 15-16, 2004. The streets to be closed are Flewelling Avenue, Rewis
Street, McKey Street, Cumberland Avenue, Oakland Avenue, and Lakewood Avenue. A portion of S.
Lakeshore Drive will be dosed on October 14th at noon. The public boat ramp at Starke Lake will be
dosed on October 15-16. The following requirements will be met: 1) All residents that will be affected by
the road dosings must be notified in advance; 2) Health Central Ambulance must be notified of the road
closings in advance; 3) Roads must be blocked with proper barricades; 4) An emergency lane must be
maintained during the event.
G. Approval and Acceptance of Resolution 2004-09, Adopting Official By-
Laws for the Community Merit Awards (CMA) Board. (Assistant to the City
Manager Shira)
One of the CMA Board members is moving out of the City. The question came up whether he would
need to resign from the Board. At that time, staff discovered that formal bylaws and other board criteria
were never officially adopted for the CMA Board. At the recommendation of the City Clerk's office and in
an attempt to maintain consistency, Resolution 2004-09, was drafted using the same basic criteria as
outlined in the recently established Human Relations/Diversity Board bylaws. With regard to the question
of membership,the Resolution specifies that members must either be persons who are legal residents of
the City of Ocoee, or who own real property in Ocoee, or who hold a valid occupational license for a
business located in Ocoee.
Page 2 of 5
City Commission Regular Meeting
September 21,2004
H. Approval and Authorization of McKey Street Business Improvement
Incentive Grants. (Assistant to the City Manager Shira)
Staff is recommending two$5,000 grants. The$10,000 total would come from the FDOT reimbursement
grant as long as there are no major change orders needed for the streetscape project. These grants
would provide incentives for business owners to make improvements to their property to go along with the
public improvements with the overall result of an improved look downtown.
I. Approval and Authorization of Change Order #2 for 13 Days Time
Extension for Gibbs & Register for Construction of McKey Street; and
Authorization for Mayor and City Clerk to Execute Change Order. (Deputy Public
Works Director Zaitooni)
McKey Street contractor, Gibbs & Register, Inc., has requested 13 days time extension for lost time
during Hurricane Charley, Hurricane Frances, and additional work for Change Order # 1. Staff has
reviewed this request and agrees with the lost time. If approved,this change will postpone the substantial
completion date to November 16,2004, and final completion date to January 15,2005.
Consent Aalenda Vote:
City Attorney Rosenthal read the title of Resolution 2004-09 for Consent Agenda
Item H. Commissioner Howell pulled Item I, and Commissioner Anderson pulled
Item J from the Consent Agenda for a brief discussion, and then a vote was taken on
the entire Consent Agenda.
Commissioner Parker, seconded by Commissioner Johnson, moved to approve
items A, B. D. E. F, G, H, I, and J from the consent agenda as presented. Motion
carried 4-0 with Mayor Vandergrift absent.
PUBLIC HEARINGS
A. Second Reading of Ordinance.
Ordinance No. 2004-22 – Relating to Automatic Fire Protection Systems Required
in Certain Multi-Family Residential Units. (Assistant Fire Chief Firstner)
Assistant Fire Chief Firstner discussed that the request for changing the Code to
include fire sprinklers in 3 and 4 unit buildings in subdivision plans would increase fire
protection and reduce any confusion by emergency responders about whether or not
automatic fire protection was in place.
Mayor Pro Tern Anderson opened the Public Hearing. There being no comments, the
Public Hearing was closed
Commissioner Howell. seconded by Commissioner Parker. moved adopt the
ordinance on second reading as recommended by staff. Motion carried 4-0 with Mayor
Vandergrift absent.
B. Resolution 2004-07, Finding of Blight to the Proposed Community
Redevelopment Agency (CRA). (Assistant to the City Manager Shira) (This Item was
moved on the Agenda and heard after Items A-D on the Regular Agenda.)
Janet Shira, Assistant to the City Manager, with the assistance of Ginger Coriess,
President of HHI (Herbert-Halback, Inc.), Binoy Panicker, Senior Associate/Urban
Designer, HHI, and Tom Kohler, RERC (Real Estate Research Consultant), Senior
Consultant, gave a powerpoint presentation and discussed the process needed to form
a CRA, the planning and economic impact, and the purpose of the geographic boundary
selected to define the CRA.
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City Commission Regular Meeting
September 21,2004
Commissioner Parker. seconded by Commissioner Johnson. moved adopt the
Resolution No. 2004-07 finding the existence of blight conditions in an area of the City
of Ocoee. and approved the beginning of negotiations with Orange County to establish
a CRA. Motion carried 4-0 with Mayor Vandergrift absent.
REGULAR AGENDA
C. Approve Amendment #1 to Current "Residential Yard Waste and Bulky
Waste" Contract with Onyx Waste Services for Removal of Storm Debris.
(Deputy Public Works Director Zaitooni)
Deputy Public Works Director Zaitooni explained that FEMA requires us to have a
contract for debris removal. Our current contract does not contain an emergency clause
for hurricane debris, so this addendum would cover us now and in the future. He
advised they are about 75% complete in picking up storm debris. City Manager Frank
said we will continue to pick up debris free of charge until some date in the near future,
which has not yet been determined.
Commissioner Parker. seconded by Commissioner Howell. moved approve
Amendment #1 to the Contract with Onyx Waste Services for removal of storm debris.
Motion carried 4-0 with Mayor Vandergrift absent.
D. Discussion re: Bus Shelter Agreement with Jaycees. (City Attorney
Rosenthal)
City Attorney Rosenthal reviewed this issue stating that when the City entered into a
direct contract with Culver-Amherst, the non-profit agencies advised they were not
going to exercise their Right of First Refusal, and now there are three non-profit
agencies (Jaycees, MADD, and Boys and Girls Club) exercising that Right. The issue
has been delayed while waiting for a new City Manager to come on board. The options
are to 1) enter into the bus shelter agreement with the three non-profit agencies on the
same terms and conditions as the agreement with Culver-Amherst, 2) negotiate a new
separate agreement with the non-profits, 3) elect not to proceed with any bus shelter
agreement, or 4) attempt to negotiate with the non-profits to relinquish their Right of
First Refusal, or directly contract with Culver-Amherst with a provision for them to
compensate the non-profits.
Rick Newcomer and Dick Batchelor of Culver-Amherst presented their view, as well
as Denny Emory of Metropolitan Systems, Inc.
City Attorney Rosenthal said we cannot enter into an agreement until the Right of First
Refusal is exercised or the 12 year contract expires.
Consensus of the Commission to direct staff to research the original agreement. the
issues of insurance. and the non-profit organization's Right of First Refusal.
E. Discussion re: implementation of a Program for One-Time Relief of
Exceptionally High Water Bills. (Public Works Director Wheeler)
Public Works Director David Wheeler explained the staffs recommendation is not to
create a policy for a one-time relief to customers who use an excessive amount of
water, as it would have a significant effect on revenue generation, would not promote
water conservation, and would require a new rate study.
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City Commission Regular Meeting
September 21,2004
Commissioner Parker explained that she brought this idea up to help customers who
were shocked by very large bills due to lack of knowledge or an equipment malfunction,
but if it is going to cause this big of a problem the issue should be dropped. Discussion
followed regarding the possibility of using a sliding scale to give people some relief
other that forgiving the entire bill. City Attorney Rosenthal said that this would
probably have to go before the bond council because potentially every customer could
take advantage of it and cause a significant loss of revenue. Consensus of the
Commission that no further action should be taken on this item. hardship cases can still
come before the City Manager on a case by case basis.
F. Appointment of a Voting Delegate For the National League of Cities' Annual
Business Meeting. (City Clerk Eikenberry)
Without Obiection the Consensus was to appoint Commissioner Parker as the Voting
Delegate and Commissioner Johnson as the alternate.
STAFF REPORTS-None
COMMENTS FROM COMMISSIONERS
Commissioner Howell — discussed problems with the garbage company and advised
residents that the problem is not being ignored. The company has been fined and
pressure has been put on them to improve. Commissioner Anderson said he would
like to have them appear before the Commission in the near future and explain why they
have not fulfilled their contractual obligation and what they will do about it. City
Manager Frank said he would invite them to a future meeting.
Commissioner Parker— no comments
Commissioner Johnson- asked about the Shriner's event, to which City Manager
Frank said that it had been approved today, and we will have written guidelines. He
asked about getting speed limit signs in neighborhoods such as Cumberland Street and
Delaware. Speed limit signs are needed so that police can enforce. Deputy Public
Works Director Zaitooni recommended they post 25mph signs and let the Police
Department monitor it. Consensus was to try some red signs in a few neighborhoods to
see if it would improve enforcement. Commissioner Johnson spoke about the Tom
Ison, former Mayor of Ocoee and current Chair of the General Employees' Pension
Board, who passed away unexpectedly on September 17, 2004. He was a great man
who will be sadly missed. He gave a summary of events that will occur on Founder's
Day on October 16, 2004.
Mayor Pro Tern Anderson-no comments
The meeting adjourned at 9:53 p.m.
APPROVED:
Attest: City of Ocoee
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
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