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Item #01 Approval of Minutes MINUTES OCOEE CITY COMMISSION July 11,2007, at 7:15 P.M. CITY COMMISSION SPECIAL SESSION I A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Commissioner Anderson gave the Invocation and 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 B. PUBLIC HEARINGS 1. Fountains West (principal Planner Fabre) a. Preliminary / Final Subdivision Plan b. Preliminary / Final Site Plan for Lot 6 c. Developer Agreement Principal Planner Fabre gave a PowerPoint presentation. City Attorney Rosenthal said the Developer Agreement for the Fountains West Turn Lanes was referenced in the staff recommendations, but not included the packet, because it had not been finalized, but it has been distributed tonight on dais. Attorney Rosenthal added that when the PUD initially came in, the staff worked for a long time trying to get the County to expedite the West Road Realignment project, but at that time they only agreed on a temporary solution and everything else was structured around that. Since that time, the County has agreed to accelerate the permanent turn lanes, which is more cost effective for everyone. The City had issues with the developer because of conflicts with the final subdivision plan as engineered, because it was based on the temporary solution and not the permanent one; there were back and forth cost issues. He said City Manager Frank was involved in the discussions and they worked out a compromise in this agreement, which has the City assuming responsibility for the design, permitting and construction of the West Road Turn Lanes, which are going to be placed into the permanent realignment plans being done by the County. The City will have to coordinate with the County, and will hopefully enter into a contract with the County's contractor who is constructing the turn lanes. He said the City has a good relationship with the County's contractor already, so he does not anticipate any problems. In exchange for the City's assumption of responsibility, the Developer is giving the City $200,000 and relinquishing responsibility for the turn lane. After discussions with City staff, they feel comfortable that the cost will be in that ball park. Staff also recognizes that there are substantial road impact fees being paid in conjunction with this project. VHB is going to certify that their plans match up so the City does not get into a situation where the grades do not line up, etc., causing large cost increases. There are some issues with the sidewalks: the Fountains West Developer's plans show sidewalks being constructed and the County's road realignment plans show a second set of sidewalks being constructed. The City does not agree with the county's placement of the sidewalks in their plans and it makes no sense to have two sets of sidewalks, so staff is working to have the County take the sidewalks out of their plans and pay the Developer to install the sidewalks as shown in their plans. Staff does not think there will be a problem with the county removing the sidewalks from their plan, but whether or not they want to pass on the cost savings to our developer is a different question. The City supports the developer in feeling the county should reimburse them. Commissioner Hood asked if the sidewalk is going to be continued all the way down on the east side. Mr. Fabre said there will be a sidewalk there; it is required, but does not know whether it will be done by the developer or the county. The County is also agreeing that the City does not have to try to construct the temporary realignment because they will be working on the permanent one. There were legal issues being debated but they have all been resolved by this agreement. This agreement controls in the event that there is a conflict with the Plan. The Staff and City Manager feel that this is an agreement that, if favorable to the City, helps to avoid delay in the permanent West Road Realignment before next years school opens. Because this agreement has not been signed yet, there is a modification in the staff recommendation: 1) Subject to approval and execution by all parties of the West Road Turn Lane Development Agreement with all applicable joinders in consent by mortgage holders, etc. and the applicant has agreed with that, 2) Subject to the closing of the Conveyance of Deed of the additional West Road Right of Way to Orange County, necessary to the permanent solution. The Developer has delivered the deed to the County. The County has the deed and will take 6-7 weeks to cut the check and do the paperwork, 3) Subject to receipt of an updated Title Report acceptable to the City Attorney (as stated in the Legal Comments), which staff does not have yet, but knows that the Title is in Ocoee LLC. Mayor Vandergrift opened the Pubic hearing. Anna Long, attorney for Fountains West from the law firm of Lowndes, Drosdick, Doster, Kantor & Reed said she was present with Joseph Kolb and Jim Baysinger from VHB Engineering to answer any questions they may have. She thanked staff for working with them on items that were delaying the site plan. She said they concur with the additions to the staff report that were read into the record; the attorney did discuss those issues with them before the meeting, and they would like a copy of the revised report. She asked that there is still an issue regarding impact fees, even with the assistance given them so far, they are still hopeful they will be able to work this out with City staff. Lisa Costin, resident of the Vineyards 1) said she was concerned about where the delivery trucks will be entering and exiting. As a member of the HOA, she said she would prefer they enter from West Road so they would not interfere with traffic in front of the Vineyards. Mayor Vandergrift said the parking lot is large enough that there would be no reason for trucks to stage in the road. 2) Ms. Costin said she is concerned about the type of restaurants; specific types of restaurants may by louder and stay open later than others. Joe Kolb of VHB said he is not sure what will be on those lots nearest to the Vineyards, but they will be in accordance with the Code which is restrictive, and the HOA will be noticed prior to approval. 3) asked if the Fountains West entryway across from the Vineyards will cause more safety issues for residents trying to get directly across to Publix. Mayor Vandergrift said that this will become four lanes soon, and growth will be causing a traffic slow down, we will monitor the situation as growth occurs. Mayor Vandergrift closed the Public Hearing. Commissioner Hood. seconded by Commissioner Keller moved to approve the Preliminary Final Subdivision Plan and Preliminary/Final Site Plan for Lot 6 per staff recommendations and modified by City Attorney Rosenthal to include the followina conditions: 1) Subject to approval and execution by all parties of the West Road Turn Lane Development Aareement with all applicable joinders in consent by mortaaae holders. etc. 2) Subject to the closina of the Conveyance of Deed of the additional West Road Riaht of Way to Oranae County. necessary to the permanent solution and 3) Subject to receipt of an updated Title Report acceptable to the City Attorney. Motion carried 4-0. with Commissioner Johnson out of the room. Commissioner Hood. seconded by Commissioner Anderson. moved to approve the Development Aareement with Ocoee LLC reaardina Fountains West Turn Lanes and authorize execution thereof by the Mayor and City Clerk. I C. FIRST READING - ORDINANCES 2. Pioneer Key Regional Stormwater Pond (Principal Planner Rumer) a. Annexation b. Rezoning Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 4.53 +/- acres of land known as the Pioneer Key Regional Stormwater Pond parcel, and also adopt the ordinance to rezone the property to "C- 2 "Community Commercial." City Attorney Rosenthal read the title of the annexation ordinance. City Attorney Rosenthal read the title of the rezoning ordinance. Mayor Vandergrift announced that the second reading and Public Hearing will be held on July 17,2007, at 7:15 p.m. or as soon thereafter as may be heard. I D. REGULAR AGENDA 3. Set Workshop and Hearing Dates for the FY 07108 Budget. (Finance Director Horton) Workshops are held during August to discuss the proposed budget for the upcoming fiscal year. Public hearings are required by the TRIM act and serve as a mechanism to notity the citizens of the proposed budget and allow their comments. Staff recommends at least two of the following dates be selected for the budget workshops: August 8,9,13,15,27,29. Staff recommends the commission select one combination of dates from the following for the public hearings: September 12th and 24th, September 13th and 24th, September 17th and 25th. All meetings will begin at 7:00 p.m. Consensus of the Commission was to set the Budaet workshops for Auaust 9 & Auaust 13. 2007. Consensus of the Commission was to set the Budaet Public Hearinas for September 13 & September 24. 2007. 4. Set Proposed Millage Rate for FY 07/08. (City Manager Frank) The TRIM Act requires local governing bodies annually to set a proposed millage rate during the month of July. The property appraiser is then notified of the rate and uses it to advise taxpayers of their proposed tax levies for the next year. This rate can be lowered during the budget hearings in September. Finance Director Horton advised that the TRIM ACT requires that the City set a proposed millage rate for FY 07-08 budget. She said State Legislature passed HB 1 during their recent session and this bill was designed to 1) reduce ad valorem taxes for property owners and 2) cap future property taxes by providing for a maximum millage rate that can be levied by the governing body with the majority vote. This maximum rate will be a reduction to the current 4.6295 millage rate. The law also establishes levels of approval by the governing body in setting the millage rate. The city can set the proposed millage rate for FY 07/08 at the current 4.6295 rate, with the unanimous vote of the commission. The City Manager will be presenting a balanced budget at a lower millage rate, but we recommend the commission set the proposed millage rate at the 4.6295 with a unanimous vote, which will allow greater flexibility during the workshops. This rate can be lowered during the workshops in September. Mayor Vanderarift. seconded by Commissioner Keller. moved to aDDrove the DroDosed millaae rate at 4.6295 as recommended by staff. Motion carried unanimously. 5-0. 5. A.pproval of Resolution for Suntrust ComlBercial Card Agreement. (Purchasing Agent Tolbert) The City Commission awarded the Commercial Credit Card Agreement to Suntrust at the June 5, 2007 City Commission meeting. Suntrust requires the City Commission to approve a formal Resolution before purchasing card services can begin. Staff recommends that the City Commission approve the Resolution and authorize the Mayor and City Clerk to execute the Resolution. Finance Director Horton advised that the Commission awarded the Banking Services RFQ to SunTrust at the June 5, 2007, Commission Meeting. This resolution tonight represents part of the documents they require before services begin. Mayor Vanderarift. seconded by Commissioner Anderson. moved to aDDrove adoDtion of Resolution Number 2007-004 aDDrovina the Suntrust Commercial Card Aareement. Motion carried unanimously. 5-0. The resolution as adopted carries the following title: RESOLUTION NO. 2007-004 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AUTHORIZING SUNTRUST BANK TO ESTABLISH AND MAINTAIN A COMMERCIAL CERDIT CARD ACCOUNT IN THE NAME OF THE CITY OF OCOEE, FLORIDA.; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. I Emergency Item - Public Records Request to the School Board of Orange County Mayor Vandergrift asked the status of the records request that was made by Orange County. City Clerk Eikenberry advised that they called today and approved the lower cost option with the emailsandotherelectronicfilesondisk.This option was slightly over $400 as opposed to $3300 if all emails and email attachments were to be opened and printed. Mayor Vandergrift read into the record the two public records requests that were submitted by Orange County Public Schools. He questioned the vague wording on the second request regarding contact with "any member of the public" which he felt opened up all of his personal records. City Attorney Rosenthal said that it was our understanding that it was within the scope of the first request and included only those items with regard to the schools. Mayor Vandergrift asked why there was a need for a second request and who is deciding that this should be done and why. He said he would like to see a letter from the attorney stating that this records request is being made solely on his own, and any request on behalf of the school board would be done in Public so the Citizens have the right to comments. Commissioner Keller said he feels that this is in direct response to the lawsuit against them by SOCS group of Ocoee residents and he is not surprised. Commissioner Keller said his subpoena to testify included the names of the other members of SOCS, but he does not know if anyone else has been given a subpoena. He said he knew they would eventually question his numbers because they doubted that they actually came from the School Board, but that is what he used. The deposition was postponed because of the volume of documents they got from the City. City Attorney Rosenthal said he agrees that they are responding to the lawsuit and added that for a public records request, the requestor does not have to state the purpose for the request. City Attorney Rosenthal also added that he did give the attorney for the SOCS permission to speak directly with Commissioner Keller in preparation for the deposition. He said his firm will assist him or attend if he feels that it is necessary, though it does not appear to be at this point. Mayor Vandergrift asked City Attorney Rosenthal if the school board has gone into mediation as of yesterday, and Mr. Rosenthal said he did not discuss the case with them. Mayor Vandergrift stepped away from the dais Laura Keller, 5021 Lighterwood Court, said she has been aggravated with all of this business and she has decided to run for the School Board. She has petitions with her if anyone can sign them. She knows families are being split because their teenagers are going to different schools and different functions. Parents are having a hard time transporting kids and being available for events at different schools. Commissioner Anderson said he still does not understand what the Mayor is looking for by submitting a public records request to the School Board; he does not feel we need those records. Commissioner Keller said he thinks he is trying to determine what happened with the decisions regarding Evans and how it went from a rebuild to a brand new school. City Attorney Rosenthal said as a public body, when they make a records request, they should have a plan or strategy for what they are going to do with the box of documents once they get them. Even if their request was intended solely to harass them, he would not advise that they act in kind. Secondly, he assumes that the bulk of their documents would be much more extensive and probably on paper, so they are under no obligation to provide it in electronic format and it could cost thousands. If the Commission wants to pursue this request, his firm or City staff will be happy to search for various documents that will follow that direction, but they should know what they are looking for before they make the request. The City asked the school board if they wanted the emails in electronic or paper form, because that is Ocoee's normal procedure, but could not negotiate with them to do the same. Mayor Vandergrift asked City Attorney Rosenthal to inform him when he has been in contact with the school board. Commissioner Keller said he wanted to clarify that he did not recommend one way or the other that his wife run for the School Board, which was her decision alone. He said he supports her decision; she has been involved with schools in the area for 10-12 years and is very knowledgeable. He said he does not think they would gain anything by submitting a records request. What is their purpose? Are they focusing on the Evans new school as opposed to the rebuild and trying to prove the money would be better used at Ocoee High School or somewhere else? Mayor Vandergrift inquired what they thought the School Board had in mind and what they are looking to prove. Commissioner Keller said he thought they were looking at the numbers they presented, and his emails and presentations always questioned their procedures and their statistics. Mayor Vandergrift suggested looking beyond this case because the School Board is looking for things that are not just tied to this case, but trying to prove they violated the Sunshine Law. Commissioner Anderson said he thought they were trying to disprove all of the points that Commissioner Keller and Mayor Vandergrift have been making about their process. Commissioner Hood believes they intended to harass and to prove that the Sunshine Law had been violated. Commissioner Johnson said they are trying to prove that they have a bigger hammer. Laura Keller said there has to be a better solution to Evans, if they are willing to spend $100 million for a building, there has to be something they can do to better help those kids. There is a failing school in California that has been turned around academically. Mayor Vandergrift said Jones is beginning to turn around; Edgewater High School does not want to be moved, so they are spending $3-5 million an acre to buy the shopping center and mobile home park to keep it there. Edgewater has the same problems as Evans; however they are handling the situations completely different. Commissioner Anderson said if the transfers had not occurred out of Evans, they would have a higher score. Mayor Vandergrift added that they could try paying the students with high grades to tutor the other students. There are many things that can be done to improve a failing school, though suggestions are routinely ignored by the School Board. He asked the Commission to look at the request, not with a goal in mind, a fact seeking mission to look for what information might be there. For instance, it would be nice to know the time frame when they received the tax increase vs. when the decision to move Evans occurred. They have many subcommittees that are not keeping any minutes. I ADJOURNMENT The meeting was adjourned at 7:19 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor MINUTES OCOEE CITY COMMISSION July 17,2007, at 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER I Mayor Vandergrift called the regular session to order at 7: 15 p.m. in the Commission Chambers of City Hall. Pastor Clinton Howell gave the Invocation and Commissioner Keller led the Pledge of Allegiance to the Flag. Acting City Clerk Sib bitt called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, and Commissioner Keller. Also Present: City Attorney Rosenthal, Acting City Manager Croteau, and Acting City Clerk Sibbitt. Absent: Commissioner Johnson I B. PRESENTATIONS AND PROCLAMATIONS Proclamation - Ocoee Fire Fighter Appreciation Week Mayor Vandergrift introduced Lisa Ta from the Muscular Dystrophy Association and, along with Fire Chief Firstner presented her with a proclamation for Ocoee Firefighter Appreciation Week. Ms. Ta thanked the Ocoee Firefighters for participating in the "Fill the Boot" campaign year after year to help raise over $2.5 million in Florida. Fire Chief Firstner thanked all of his firefighters for their efforts and announced they would be back out after Labor Day. I C. COMMENTS FROM CITIZENS/PUBLIC A county resident from 230 Silver Star Road spoke about Starke Lake and Save the Lakes. He spoke about the run off from the road going into the lakes and proposed that water lines be put under the road at different points. He believed it would be possible to accomplish with grant money. 21. Discussion and Direction on Electronic Message Board Signs. (Community Development Director Wagner) Mayor Vandergrift stated that citizens were present for Agenda Item 21 and he asked to move it up on the agenda. Debra Booth spoke on behalf of the PT A of Ocoee Middle School. She stated one of the things they had discussed for the school was a beautification project to draw people to the school. She stated one of the things that they would like to change is the sign out in front the school and they would like to beautify the sign by making it a LED sign and have raised almost $10,000 to do so. However, the City code does not allow it and she asked for the support from the Commission. They named some schools in the area that already have LED signs. Acting City Manager Croteau stated that the dividing line for the districts for Commissioner Johnson and Commissioner Anderson is the roadway in front ofthe school (Bluford Ave.) and Commissioner Johnson asked if this could be brought back so he could be present. She further City Commission Regular July 17,2007 stated Community Development Director Russ Wagner has a presentation that he would like to speak about. The Land Development Code does prohibit LED signs and if the board desired to change that code, she thought it would require a public hearing. Community Development Director Wagner stated there is not one electronic message board sign in Ocoee. He said that billboards are also prohibited and Ocoee has one of the most progressive sign ordinances in the area. He said prohibiting electronic signs from being put up across the City makes it possible for Ocoee to maintain its small town character. Personally, he is passionate about banning electronic signs and knows citizens and a local builder who feel the same way. He emphasized how hard it is to control these signs once they are permitted, including what the signs say and he feels it would lower the development standards. Community Development Director Wagner urged the Commission to continue to prohibit the LED signs. He stated the school board feels they are exempt from the LDC Code; therefore, they would be left to deal with the issue on their own without affecting our code. Commissioner Hood stated he did not get any information on the sign regarding size and would like to get with the neighbors about the sign and how they feel about it before making any decisions. He stated he personally is not against the sign. Kate Clarke, Principal of Ocoee Middle School, stated the sign would be used clearly for information to parents. She stated parent communication is critical and when the PT A board came to them she supported them in their efforts. The current sign is covered with plexi-glass that yellows, which looks bad and is not as legible. She did not feel that this type of sign would take away from Ocoee's small town charm in any way. Commissioner Hood inquired if the Ocoee School Advisory Board had heard about this issue. Debra Booth stated this issue just recently came up and they wanted to work with the City and not work out of the norm. Commissioner Hood stated he thought this issue should be brought before the Ocoee School Advisory Board to see if they can reach more residents and hear their thoughts on the issue. Commissioner Anderson inquired about the specifics of the sign. He asked why the PT A could not build a sign that meets the code, to what advantage it would have over an updated black and white sign, and how the sign would be maintained. He felt there were other good options that the school could explore. Debra Booth stated she can give locations they can visit and see other LED signs. She said recommendation for the sign came from the parents. Commissioner Keller stated his concern is that as soon as they let the school board have one the churches down the street or other businesses would want LED signs. He personally does not want to see those signs around downtown and would prefer that the City decline and let the school board go ahead and put it up so that residents would have to go to the school board if there are issues. He stated he agrees with Mr. Wagner that once you allow one it would be hard to tell other businesses that they can not put up an LED sign. Mayor Vandergrift stated he is passionate about allowing this sign to be permitted since he also feels an updated sign would benefit the City if one were put in front of City Hall. He stated the Page 2 of 16 City Commission Regular July 17,2007 City has ordinances to control many kinds of things and feels that they should have an ordinance for informational signs that could be used in the community or governmental agencies in which they can control the lighting, the speed of the wording, etc. Mavor Vanderarift. seconded bv Commissioner Hood. moved to direct staff to look into other local ordinances relatina to electronic messaae sians. Motion carried 4-0. with Commissioner Johnson absent. I D. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood stated that last week the Ocoee Little League junior and senior division had many victories. The junior/senior division advanced to sectionals that begin this weekend at the Apopka Little League Complex. The juniors start Friday night at 7 p.m. and seniors have a double-hitter on Saturday at 11 a.m. and 5 p.m. and he invited everyone to attend. He congratulated all of the kids, staff, and coaches. Commissioner Anderson- none Commissioner Keller announced that Wekiva High School has an open house on Saturday. Mayor Vandergrift inquired about the mediation and Commissioner Keller stated his deposition has been pushed back and he is not sure right now where that stands. Mayor Vandergrift announced the soccer team is going to the Citrus Bowl this weekend and inquired if anyone knows about it since he is being invited. Parks and Recreation Director Hayes said he was not sure what team was going, but they do practice at the Beech Center. Mayor Vandergrift said he received a thank you note from Senior First for the City's contribution and read that to the public. He announced the STARS program is putting out another news letter. He received a thank you note from the autism group for the City's involvement in their program as well. I E. CONSENT AGENDA 1. Approval and Acceptance of the Joint Session Workshop with City Commission and General Employees' Pension Board on June 5, 2007, and the Regular City Commission Minutes of June 19,2007. (City Clerk Eikenberry) Approved on Consent Aaenda Vote. Motion carried 4-0. with Commissioner Johnson absent. 2. Reappointment to the Citizen Advisory Council for the Police Department. (City Clerk Eikenberry) Members of the Citizens Advisory Council for the Police Department (CACOPD) serve three-year terms. Currently the CACOPD has ten (10) members and their resolution allows no more than fifteen (15) members. Mr. John Grogan has indicated he is willing to serve another three-year term, if reappointed. Since January 2005, Mr. Grogan has attended 19 of 26 meetings with 0 unexcused. There are no applications on file for residents interested in serving on the board. Page 3 of 16 City Commission Regular July 17, 2007 Aooroved on Consent Aaenda Vote. Motion carried 4-0. with Commissioner Johnson absent. 3. Request to Amend the Name of Wesmere Property to Villages of Wesmere. (Principal Planner Fabre) The Wesmere Property site is located on the east side of Maguire Road, north of Cross Creek subdivision and south of the Florida Turnpike. The subject property comprises multiple tracts totaling 100.23 acres. The property is zoned Multiple-Family Dwelling (R-3) and General Commercial (C-3) and is designated as High Density Residential and Commercial on the Future Land Use Map (FLUM). The City Commission, on March 7, 2006 reviewed and approved the Final Subdivision Plan for Wesmere Property as presented. Based on the recommendation of the DRC, Staff respectfully recommends that the Mayor and the City Commissioners approve the requested name change from Wesmere Property to Villages ofWesmere. Aooroved on Consent Aaenda Vote. Motion carried 4-0. with Commissioner Johnson absent. 4. Award of RFQ #0707 Engineering Services for Water Utility Modeling and Minor Utility Studies to Reiss Environmental, Inc. (Purchasing Agent Tolbert) The selected firm will provide potable water, reclaimed water, and sanitary sewer utility modeling services and associated utility studies. These services will be used for such purposes as to identify weaknesses in the current utility system, evaluate the impact of proposed development-related extensions, and quantify the effects of other changes to the utility system. Staff determined that the current continuing contracts for engineering services did not provide the required consulting staff and accordingly issued a Request for Qualifications to the engineering community for this work. Responses were received from six firms. The Selection Committee identified and ranked the top-three firms. The top-ranked firm was Reiss Environmental, Inc., second-ranked was CPH Engineers, Inc., and third-ranked was PBS&J. This item was removedfrom the Consent Agenda and Voted on Separately. Commissioner Anderson inquired why there is a need for a continuing contract with Reiss Environmental, Inc. if they are only going to be doing the modeling. City Engineer Wheeler stated there is a model for each system: Water, Wastewater, and Re-Use. He further explained that the idea is that each time a development comes along it will be added to the model system. Commissioner Anderson inquired if the engineering services would be paid through impact fees. City Engineer Wheeler stated their services are on a case by case basis and they are a direct bill which goes back to the developer to pay for the model. Commissioner Anderson. seconded by Commissioner Keller. moved to aoorove Award of RFQ #0707 Enaineerina Services for Water Utility Modelina and Minor Utility Studies to Reiss Environmental. Inc.. as a Continuina Contract for (3) three years with (2) two (1) year extensions. Motion carried 4-0. with Commissioner Johnson absent. 5. Award of RFQ #07-003 Legislative Consulting Services to Gray Robinson, P.A. (Purchasing Agent Tolbert) Proposals were solicited from qualified firms with municipal experience to submit a proposal to provide professional consulting services for representing the City in legislative matters at the State and, as needed, at the federal level. Implicit responsibilities will be to advise the City of the impacts of proposed regulatory and legislative changes and to identify areas where State and/or Federal funding is available. Staff recommends that the City Commission award the Page 4 of 16 City Commission Regular July 17, 2007 contract for RFP #07-003 Legislative Consulting Services to GrayRobinson, P.A. in the amount of $42,000.00 annually plus expenses; and authorize the Mayor, City Clerk, and Staff to execute all necessary contract documents. The contract term is for one (1) year with two (2) one (1) year automatic renewal options. Approved on Consent Aaenda Vote. Motion carried 4-0. with Commissioner Johnson absent. 6. Ocoee Police Variable Message Board, Bureau of Justice Assistance (BJA), Grant Request, Edward Byrne Justice Assistance Grant (JAG) Program. (Deputy Police Chief Brown) This is a proposed grant that needs approval from the Commission. The amount requested from Federal Funding is $14,563, and the City funded amount is $11,000.00, which is less than half of the total amount of $25,563.00. This Grant is for the Ocoee PD to acquire a Traffic Unit Variable Message Board. The grant would be awarded after October 2007. Approved on Consent Aaenda Vote. Motion carried 4-0. with Commissioner Johnson absent. 7. Tree Removal with Sunstate Tree & Property Maintenance. (Public Works Director Krug) The City has contracted with Sunstate Tree & Property Maintenance for the removal of large trees within City right of ways that require additional expertise and equipment beyond the current capabilities of in house forces. The City has issued purchase orders for $19,495.00 of work to date by utilizing an existing Seminole County Contract No. IFB-3l24-05-LJS. Public Works is requesting the City issue a contract purchase order in the amount of $50,000.00 to Sunstate Tree to address the anticipated tree removal requirements for the remainder ofthe fiscal year. This item was removedfrom the Consent Agenda and Voted on Separately. Commissioner Anderson stated he knows there is money set aside in the budget for tree removal and was inquiring if they are wanting more money then what was set aside from last year's budget for this year. Public Works Director Krug stated there was $70,000 put aside for tree trimming budget and this request is for trees that are beyond the scope of their in-house staff. They have only used $20,000 out of the $70,000 that was budgeted and there intention is not to use all the money that is remaining. Commissioner Hood stated he would like to see the list of trees they are referring to. Commissioner Anderson inquired what they would be doing with $50,000. Public Works Director Krug stated he has no intentions of doing $50,000 worth of work he was just trying to avoid having to come back before the Commission before the end of the year if something were to happen where they would need the money. Commissioner Anderson inquired as to how they would decide on which account would pay for a tree removal. Public Works Director Krug stated it would be mostly for tree removals in the right-of-way easements. Public Works Director Krug also stated he would put together a list for the Commission of what was taken down and what are on the books to be removed. Acting City Manager Croteau stated the comprised list would be e-mailed to the Commission. Commissioner Anderson. seconded bv Commissioner Keller. moved to approve Tree Removal with Sunstate Tree & Property Maintenance for a not to exceed amount of $50.000. Motion carried 4-0. with Commissioner Johnson absent. Page 5 of 16 City Commission Regular July 17,2007 8. ROW Mowing and Landscape Maintenance with Valley Crest and GroundTek. (public Works Director Krug) At the September 5, 2006, meeting, the Commission approved contracts with Valley Crest for landscape maintenance and GroundTek for right of way and landscape mowing. The City entered into one (1) year contracts with both fIrms in order to determine the quality and cost effectiveness of the services provided. Valley Crest and GroundTek have provided reliable continued service for their separated portions of the program, validating the recommendations from the public and private owners that led the City to contract with the fIrms. The Valley Crest and GroundTek contracts will expire on August 21, 2007, and September 1, 2007, respectively. Based on the responsiveness of the contractors to the City's need for this type of high profIle maintenance, the Public Works Department requests direction to proceed with extending the contracts with Valley Crest and GroundTek for a three (3) year period plus two one (1) year extensions. Approved on Consent Aaenda Vote. Motion carried 4-0, with Commissioner Johnson absent. 9. Piggyback off City of Orlando Contract (BI05-2056-5) for the Provision and Installation of Fencing. (parks & Recreation Director Hayes) As part of the fIrst phase of improvements for Central Park the Park and Recreation Department is proposing to upgrade the existing fence by replacing damaged and deteriorating chain link fence along the west boundary line and within the park (football fIeld and retention pond). Staff is requesting permission to piggyback off of the City of Orlando's contract (BI05-2056-5) for these services. All-Rite Fence Company, Inc. has submitted a proposal to perform such services in the amount of$31,809.70, based upon the aforementioned contract. Approved on Consent Aaenda Vote. Motion carried 4-0, with Commissioner Johnson absent. 10. Dedication of Two Parcels to Orange County for the Widening of Clarcona-Ocoee Road east of Clarke Road. (City Engineer Wheeler) The City of Ocoee is conveying ownership of 2 parcels of land to Orange County in order to facilitate the widening of Clarcona-Ocoee Road east of Clarke Road. The 2 parcels were obtained as a portion of lands deeded to the City from Cambridge Development as part of the Orchard Park Development and by Center Lake Properties, LTD as part of the Oak Trail Reserve Development. The City agreed to convey the two parcels of land needed for the widening of Clarcona-Ocoee Road from Hiawassee Road to East of Clarke Road in exchange for Orange County advancing the realignment and widening of West Road from SR 429 to Ocoee-Apopka Road. Orange County Public Works has received bids for their project and are taking the award to their Board in August. The construction schedule is to have the road completed by August 1, 2008, prior to school opening. Approved on Consent Aaenda Vote. Motion carried 4-0, with Commissioner Johnson absent. 11. Amendment of Budget for Design and Construction of 7th Avenue to Reflect Final Costs. (City Engineer Wheeler) The Engineering Department recommends that the City Commission approve the reallocation of$53,000 in unused funds from the State Road 50 at Maguire Road traffic signal revision project and $6,709.93 in unallocated funds from the planned traffic signal and intersection modifIcation project for Maguire Road at Moore Road/Roberson Road. This change seeks to fulfIll prior City Commission commitments with regard to improvements being made by the developer for the City. Approved on Consent Aaenda Vote. Motion carried 4-0, with Commissioner Johnson absent. Page 6 of 16 City Commission Regular July 17,2007 I F. PUBLIC HEARING - SECOND READING OF ORDINANCES 12. Pioneer Key Regional Stormwater Pond. (principal Planner Rumer) (Advertised as Public Hearing in the Orlando Sentinel on Thursday, July 5, 2007, and July 12, 2007) a. Annexation b. Rezoning The subject property is located west of Ocoee Apopka Road and north of Palm Drive. The City of Ocoee is requesting the annexation of a 4.53 :J: acre parcel and a change of zoning from Orange County "A-I" (Citrus Rural) to the City of Ocoee "C-2" (Community Commercial). The City of Ocoee intends to use the parcel as a regional stonnwater pond. Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 4.53 +/- acres of land known as the Pioneer Key Regional Stonnwater Pond parcel, and also adopt the ordinance to rezone the property to "C-2 "Community Commercial". I a. Annexation - Ordinance No. 2007-016 City Attorney Rosenthal read the title of the ordinance. Principal Planner Rumer gave a presentation regarding the Annexation and Rezoning Ordinance of the Pioneer Key Regional Stormwater Pond and informed the City Commission that there is a slight change that will be made to the ordinance due to a discrepancy in the old Land Use Map. The actual zoning designation that was advertised as C-2 will be changed to R-IA. Commissioner Anderson opened the Public Hearing. Commissioner Anderson closed the Public Hearing. Commissioner Hood. seconded by Commissioner Keller. moved to adopt on second readina. Ordinance No. 2007-016. annexina the property known as the Pioneer Key Reaional Stormwater Pond. a 4.53 t acre parcel located on the west of Ocoee Apopka and north of Palm Drive. Motion carried 3-0. with Mayor Vanderarift away from the Dias and Commissioner Johnson absent. I b. Rezoning - Ordinance No. 2007-017 I City Attorney Rosenthal read the title of the ordinance and stated there should be a motion to adopt the ordinance as it is and then a motion to amend the zoning, due to the discrepancy Principal Planner Rumer mentioned before. Mayor Vandergrift opened the Public Hearing. Mayor Vandergrift closed the Public Hearing. Commissioner Keller. seconded by Commissioner Hood. moved to adopt on second readina. Ordinance No. 2007-017. rezonina the property known as the Pioneer Key Reaional Stormwater Pond to "C-2" Community Commercial as advertised. Motion carried 4-0. with Commissioner Johnson absent. Commissioner Hood. seconded by Commissioner Keller. moved to amend the rezonina of the property known as the Pioneer Key Reaional Stormwater Pond Page 7 of 16 City Commission Regular July 17,2007 from "C-2" Community Commercial to "R-1A" SimIle Family Dwellina. Motion carried 4-0. with Commissioner Johnson absent. Commissioner Hood. seconded by Commissioner Keller. moved to adopt on second readina as amended. Ordinance No. 2007-017. rezonina the property known as the Pioneer Key Reaional Stormwater Pond to "R-1A" Sinale Family Dwellina. Motion carried 4-0. with Commissioner Johnson absent. 13.0coee Pines (flkla Whispering Pines). (Principal Planner Fabre) (Advertised as Public Hearing in the Orlando Sentinel on Thursday, July 5, 2007) a. Land Use Plan / PUD Rezoning Ordinance. b. Preliminary Subdivision Plan. c. Development Agreement. (Not a Public Hearing) The Ocoee Pines PUD property includes approximately 101 acres of land and is generally located northwest of Clarcona-Ocoee Road and southeast of Forest Lake Golf Course. The property is currently vacant, wooded and undeveloped. Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the rezoning ordinance from Orange County Agricultural "A-I" to City ofOcoee "PUD" based on the Land Use Plan as date stamped received by the City on May 25,2007 and will further recommend approval of the Preliminary Subdivision Plan and Development Agreement at the Public Hearing for the Second Reading of the Rezoning Ordinance. City Attorney Rosenthal read the title of the ordinance. Principal Planner Fabre gave a presentation regarding the Land Use Plan /PUD Rezoning Ordinance. City Attorney Rosenthal stated that minor changes have been made to the draft Developer's Agreement. Condition of approval to item number 22 will read: the project should be developed in (2) two phases, specific phasing shall be showing on the final subdivision plan and shall be subject to the review and approval of the City. Condition of approval number 58 which was duplicative of another condition of approval was deleted. The Land Use Plan will be revised to be consistent with the Developer's Agreement with respect to those two conditions of approval. Mayor Vandergrift inquired if there was anything in the first phase that would have to be held off until the second phase was started. City Attorney Rosenthal stated they would not know until the final subdivision plan is submitted which is why the phasing is subject to the condition of approval. Commissioner Hood stated he does not have a problem with the phasing as long as that does not effect the rounding of Clarcona-Ocoee Road. Greg Harris, Representative for Ocoee Pines, stated the realignment of Clarcona- Ocoee Road will be done up front. The phasing of the actual developments of the lots will be going in during the first phase including the Community Center and amenities. City Attorney Rosenthal briefly explained to the Commission the boundary line dispute with the Golf Course and the Boundary Line Agreement that will come forth at Final Subdivision Plan. A brief discussion ensued regarding several out parcels they are looking to be condemned and will be brought back before the Commission at a future date. Mayor Vandergrift opened the Public Hearing. Robert Monacl~, 1820 Prairie Lake Blvd., inquired about the recreational amenities Ocoee Pines would have, which Mr. Harris gladly answered. Page 8 of 16 City Commission Regular July 17,2007 Mayor Vandergrift closed the Public Hearing. Commissioner Anderson expressed his concerns regarding the landscape plans that were being submitted since there are current changes being made to the landscape ordinance. He further stated that he is asking for some kind of wording to be added in the motion that the developer would be required to go by the updated landscape ordinance when they start development. Mayor Vandergrift inquired as to who was on the Landscape Committee and as to what they were working on. He further stated he felt a planner should be on the committee. Commissioner Anderson briefly explained the efforts of the Landscape Committee. City Attorney Rosenthal stated the preliminary subdivision plan has a landscape plan in it that currently complies with the code. He further stated they could possibly enforce the landscape ordinance change in respect to individual lots and building permit but with respect to the subdivision plan it would be a little bit more complicated since they are not sure what the new landscape ordinance mayor may not impact. Commissioner Keller stated if the Final Subdivision Plan comes back to them after the new landscape ordinance is in effect they could possibly look into it then. Mayor Vandergrift stated he would like to see minutes for the Landscape Committee and a list on who serves on the committee. He would also like for them to come before the City Commission to let them know when and where they meet and what they are working on. I a. Land Use Plan / PUD Rezoning - Ordinance No. 2007-018 Commissioner Hood, seconded by Mayor Vanderarift, moved to aDDrove the rezonina ordinance from Oranae County Aaricultural "A-1" to City of Ocoee "PUD" based on the land Use Plan as date stamDed received by the City on May 25, 2007, with the Conditions of ADDroval and consideration of the landscaDe Committee. Motion carried 4-0, with Commissioner Johnson absent. I b. Preliminary Subdivision Plan Mayor Vandergrift opened the Public Hearing. Mayor Vandergrift closed the Public Hearing. Commissioner Anderson, seconded by Commissioner Hood, moved to aDDrove the Preliminary Subdivision Plan as date stamDed received by the City on May 25, 2007, Der staff's recommendation. Motion carried 4-0, with Commissioner Johnson absent. I c. Development Agreement Mayor Vanderarift, seconded by Commissioner Hood, moved to aDDrove the DeveloDment Aareement Der staff's recommendation. Motion carried 4-0, with Commissioner Johnson absent. Page 9 of 16 City Commission Regular July 17,2007 I G. PUBLIC HEARINGS 14. Glad Tidings Assembly of God. (principal Planner Fabre) (Advertised as Public Hearing in the Orlando Sentinel on Thursday, July 5,2007) a. Special Exception Amendment Glad Tidings Assembly of God Church is proposing to increase their existing Special Exception use to include an additional vacant parcel (3.495 acres) that they acquired adjacent to the subject church (8.965 acres) property. The existing 12,000 square feet church facility is located on the north side of Fuller's Cross Road, approximately 750 feet east of Ocoee-Apopka Road. The total subject property is approximately 12.46 acres in size, zoned R-lA (Single-Family Dwelling). The applicant submitted a site plan detailing the phasing of an expansion of their existing church facility. Upon submission of the site plan, the applicant was notified that a Special Exception is required for the additional land, and that the Special Exception Amendment is required to be obtained prior to fmal site plan submittal. Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the Glad Tidings Assembly of God Church/Special Exception Amendment and Preliminary Site Plan for Special Exception date stamped received by the City on July 10,2007. Principal Planner Fabre gave a presentation regarding the Glad Tidings Assembly Special Exception. Mayor Vandergrift opened the Public Hearing. Pastor Clinton Howell thanked the City Commission for their consideration of the special Exception. Mayor Vandergrift closed the Public Hearing. Commissioner Hood, seconded by Commissioner Anderson, moved to approve the Glad Tidinas Assembly of God Church/Special Exception Amendment and Preliminary Site Plan for Special Exception date stamped received by the City on July 10, 2007. Motion carried 4-0, with Commissioner Johnson absent. 15. Clarence Brown Variance. (Principal Planner Rumer) (Advertised as Public Hearing in the Orlando Sentinel on Thursday, July 5, 2007) This variance application requests that a proposed sunroom addition at 868 Cool Springs Circle be allowed to encroach 10 feet into the 25 foot rear yard setback. The proposed sunroom would replace an existing patio that contains screens for sides and a solid aluminum roof. The applicant contracted with Four Seasons Sunrooms to build a lO'x18' glass sunroom, but due to the 25' setback; the building permit was rejected. The applicant stated as part of the application that he has an existing spinal cord injury and the proposed addition would allow use of the room during all climates and weather conditions for rehabilitation exercises. Based on the above report, staff does not believe the variance requested by Clarence and Daphne Brown is supportable. Should the City Commission deny the variance request, staff recommends that the Mayor and City Commission make a finding under Subsection 4-9 B. (2) and (3), that: 1) The reasons set forth in the application do not justifY granting a variance; 2) The denial of the variance will still allow for the reasonable use of the land and building; and 3) The granting of the variance will not be in harmony with the general purpose and intent of these regulations and will be injurious to the surrounding territory, or otherwise be detrimental to the public welfare. Principal Planner Rumer gave a presentation regarding the Clarence Brown Variance. Page 10 of 16 City Commission Regular July 17,2007 Mayor Vandergrift opened the Public Hearing. Clarence Brown stated when he became ill and was told he may have to use a mobilize chair he decided to use the screen room to do rehabilitation exercises. The problem is that in the summer the room gets hot and during the winter it becomes to cold so he is requesting a variance to enclose the room for climate control. Mayor Vandergrift closed the Public Hearing. Commissioner Keller, seconded bv Mavor Vanderarift, moved to approve the Clarence Brown Variance based on the circumstances presented at the Public Hearina. Motion carried 4-0, with Commissioner Johnson absent. City Attorney Rosenthal reminded the City Commission that part of the Board of Adjustment recommendation is that City Commission direct staff to look at amending the LDC requirements with respect to this particular issue. Mayor Vandergrift stated staff should look into it and bring something back to the Commission. 16. Vincent Gramaglia Variance. (Principal Planner Rumer) (Advertised as Public Hearing in the Orlando Sentinel on Thursday, July 5, 2007) This variance application requests that a proposed sunroom addition at 501 Bridge Creek Blvd be allowed to encroach 8.6 feet into the 25 foot rear yard setback. The proposed sunroom would be used for recreational and added home value. The applicant contracted with Four Seasons Sunrooms to build a 12'-7W' x 23'-6" glass sunroom, but due to the 25' setback; the building permit was rejected. Based on the above report, staff does not believe the variance requested by Vincent Gramaglia is supportable. Should the City Commission deny the variance request, staff recommends that the Mayor and City Commission make a finding under Subsection 4-9 B. (2) and (3), that: 1) The reasons set forth in the application do not justify granting a variance; 2) The denial of the variance will still allow for the reasonable use of the land and building; and 3) The granting of the variance will not be in harmony with the general purpose and intent of these regulations and will be injurious to the surrounding territory, or otherwise be detrimental to the public welfare. Principal Planner Rumer gave a presentation regarding the Vincent Gramaglia Variance. Mayor Vandergrift opened the Public Hearing. Vincent Gramaglia thanked the board for considering the variance and provided the board with letters of approval from the HOA and his neighbors regarding the proposed sunroom. Mayor Vandergrift closed the Public Hearing. Mavor Vanderarift, seconded bv Commissioner Keller, moved to approve the Vincent Gramaalia Variance based on the circumstances presented at the Public Hearina. Motion carried 4-0, with Commissioner Johnson absent. Page 11 of 16 City Commission Regular July 17,2007 I H. FIRST READING OF ORDINANCES 17. Thomas Property. (Principal Planner Rumer) a. Annexation b. Rezoning East side of Lauren Beth A venue, 600 feet south of the intersection of Clarcona Ocoee Road and Lauren Beth Avenue. Kirt Thomas is requesting the annexation of an 18.69::1: acre parcel and a change of zoning from Orange County "A-I" (General Agriculture) to the City ofOcoee "A-I" (General Agriculture). Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 18.69 +/- acres ofland known as the Thomas Property, and also adopt the ordinance to rezone the property to "A-I" General Agriculture. City Attorney Rosenthal read the titles of the Annexation Ordinance and the Rezoning Ordinance for the Thomas Property. Mayor Vandergrift announced that the 2nd Reading and Public Hearing will be heard on August 7,2007, at 7:15 p.m., or as soon thereafter as may be heard. 18. Oak Level Heights. (Principal Planner Rumer) a. Annexation b. Rezoning South side ofClarcona Ocoee Road, at the southwest comer of the intersection ofClarcona Ocoee Road and Angola Street. The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. Furthermore, the requested Future Land Use and initial zoning classifications are consistent with the land use classifications on the Future Land Use Map and the JPA Land Use Map. The land use and initial zoning are also consistent and compatible with surrounding properties. Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 0.58 +/- acres of land acres of land known as the Oak Level Heights property, subject to an annexation agreement including a provision that would waive the lot width requirements of Section 5-10 (B) of the Land Development Code and also adopt the ordinance to rezone the property to rezoning to "R-l" Single-Family Dwelling. City Attorney Rosenthal read the titles of the Annexation Ordinance and the Rezoning Ordinance for Oak Level Heights. Mayor Vandergrift announced that the 2nd Reading and Public Hearing will be heard on August 7,2007, at 7:15 p.m., or as soon thereafter as may be heard. I I. REGULAR AGENDA 19. Authorization of Staff to Proceed with a Boundary Survey for the Tiger Minor Park Property. (Principal Planner Rumer) Tiger Minor Park, one of City of Ocoee's premier parks that provides a playground, pavilion, benches, grills, basketball court, tennis courts, & restrooms consists of 9.46::1: acres of park land with a portion of its boundaries lying within the limits of unincorporated Orange County. In order to annex the portion located in Orange County into the Ocoee City limits, a legal description in metes and bounds is required by Florida Statute 171.044 (3). Staff respectfully requests the expenditure of Contingency funds in the amount of not to exceed $8,980.00 for a Boundary Survey in order to provide a metes and bounds legal description for property located at Tiger Minor Park. Page 12 of 16 City Commission Regular July 17,2007 Commissioner Anderson, seconded by Commissioner Hood, moved to authorize staff to proceed with a boundary survey for Tiaer Minor Park. Motion carried 4-0, with Commissioner Johnson absent. 20. Resolution to Reduce the Development Review Application Fees for Variances. (principal Planner Rumer) The City Commission requested staff to look into reducing the application costs for obtaining a variance. Staff researched variance fees from other jurisdictions and proposes the Flat Review Fee be decreased from $500 to $250 for Single-Family Residences, all other variance fees be decreased from $750 to $500, and the requirement for the $1,000 deposit be eliminated. Staff respectfully recommends that the Mayor and City Commissioners approve the resolution reducing the variance fees from a $500 Flat Review Fee to a $250 Flat Review Fee for Single-Family Residences, all other variance fees be decreased from $750 to $500, and the requirement for the $1,000 deposit be eliminated. City Attorney Rosenthal read the titles of the Resolution. Commissioner Anderson, seconded by Commissioner Keller, moved that if an applicant is denied a variance they would receive half their application fee back. Motion was rescinded. Commissioner Anderson. seconded by Commissioner Keller, moved to adopt Resolution 2007-005, reducina the Development Review Application Fees for Variances per staffs recommendation. Motion carried 4-0, with Commissioner Johnson absent. 21. Discussion and Direction on Electronic Message Board Signs. (Community Development Director Wagner) Since the adoption of the upgraded sign regulations in the Land Development Code, the use of flashing, moving, or message board signs, commonly referred to as LED signs has been prohibited in all zoning districts of the City. There is not one electronic message board sign in the City today. It has recently come to the attention of staff that there has been a request to allow these signs to be permitted for a local school. Staff respectfully recommends that the Mayor and City Commissioners continue to prohibit electronic message board signs in all zoning districts of the City through Section 6.14 (5) (a) (i) of the Land Development Code in order to maintain superior development standards and prevent the proliferation of visual pollution and clutter which would preclude Ocoee from maintaining its attractiveness and upgraded visual character. Moved up on the agenda under Comments from Citizens/Public. 22. Appointments to the Ocoee Police Infraction Hearing Board. (City Clerk Eikenberry) Ordinance 2007-007, adopted May 15, 2007, amends Chapter 168 of the City of Ocoee Code of Ordinances and calls for the creation of the Ocoee Police Infraction Hearing Board as follows: The Hearing Board shall consist of seven (7) members, two of which must be members of the Citizens Advisory Council of the Ocoee Police Department (CACOPD). Additional members of the Hearing Board may also be members of CACOPD. All members of the Hearing Board shall be residents or business owners from the City of Ocoee. Each member of the City Commission shall appoint a member of the Hearing Board. The other two members of the Hearing Board shall be appointed by the City Commission from among the membership of the CACOPD. The Chief of Police shall provide the City Commission with his recommendation as to the appointees from the CACOPD. Members of the Hearing Board shall serve 2-year terms; provided, however, that the initial members of the Hearing Board appointed by each City Commissioner shall serve a one year term. Page 13 of 16 City Commission Regular July 17,2007 Acting City Manager Croteau stated when the Ocoee Police Infraction Hearing Board was created it was stated that: The Hearing Board shall consist of seven (7) members, two of which must be members of the Citizens Advisory Council of the Ocoee Police Department (CACOPD). Police Chief Reffet has recommended Robert Minarcin and Louise Torres from the Police Advisory Board. Commissioner Keller. seconded bv Mavor Vanderarift. moved to approve recommendation of Police Chief Reffet in appointina Robert Minarcin and Louise Torres to the Ocoee Police Infraction Hearina Board. Motion carried 4-0. with Commissioner Johnson absent. City Attorney Rosenthal informed the Commission that they should put their recommendation for designation of members to the board in writing addressed to the City Clerk. Their individual recommendations do not need to come back before the Commission. Commissioner Hood inquired about appointments to the Charter Review Board and stated he is recommending Danny Howell for the board. Mayor Vandergrift stated he is recommending Kirt Thomas to the Ocoee Police Infraction Hearing Board. 23. Appointment to the West Orange Chamber of Commerce Nomination Committee. (City Clerk Eikenberry) The Chamber will be appointing a nominating committee in August and will then meet to determine the slate for 2008. They have asked that the City Commission determine who will represent the City of Ocoee on their board. This item will be brought back before the City Commission once they get more clarification. I J. STAFF REPORTS 24. Discussion regarding Dinner Sponsorship for Homes in Partnership, Inc. (Commissioner Johnson) Commissioner Anderson moved to approve a sponsorship of $200. Motion died due to lack of second. Add-on Item: Florida League of Cities looking for Representatives. (Acting City Manager Croteau) Acting City Manager Croteau informed the Commission they had received a memo from the Florida League of Cities looking for representatives for the following four (4) committees: Municipal Service Delivery Council, Urban Planning Council, Fiscal Stewardship Council, and Home Rule Administration Council. Page 14 of 16 City Commission Regular July 17,2007 Commissioner Anderson. seconded by Commissioner Hood. moved to appoint Commissioner Keller to the Fiscal Stewardship Council. Motion carried 3-0. with Mayor Vanderarift away from the Dias and Commissioner Johnson absent. Commissioner Anderson. seconded by Commissioner Keller. moved to appoint Mayor Vanderarift to the Home Rule Administration Council. Motion carried 3-0. with Mayor Vanderarift away from the Dias and Commissioner Johnson absent. Commissioner Anderson. seconded by Commissioner Keller. moved to appoint Commissioner Hood to the Urban Plannina Council. Motion carried 3-0. with Mayor Vanderarift away from the Dias and Commissioner Johnson absent. Commissioner Anderson. seconded by Commissioner Keller. moved to appoint Commissioner Johnson to the Municipal Service Delivery Council. Motion carried 3-0. with Mayor Vanderarift away from the Dias and Commissioner Johnson absent. Add-on Item: Ingram Road Closure. (City Engineer Wheeler) City Engineer Wheeler informed the City Commission of the Ingram Road Closure and stated it is set to be closed from August 19-24th. ~ COMMENTS FROM COMMISSIONERS I Commissioner Hood - stated that there are some residents are having domestic disturbance between 2-4 a.m. It seems like there has been many incidents with that home. He would appreciate it if the Police Department could look into the situation and see what they could do. Deputy Chief Goclon stated that he would check into it. Commissioner Anderson - 1) discussed the pollution with Starke Lake. He further discussed that last year they implemented the Center Street ditch which should help improve the pollution which goes into the lake. They are also working on a landscape ordinance that will address enforcement of biodegradable products and runoff issues that go on with lakes and ponds. 2) stated that there is about $40,000 designated in this years budget for road tables and inquired if those road tables are actually going to be put in. He requested that Public Works Director Krug bring back a report that will indicate where the money will be used. Public Works Director Krug stated that they are waiting to hear back from the petition phase for the four areas that they originally proposed when they initially brought it to the Commission. They are receiving a lot of questions and addressing the publics concerns. They may extend the window to have the surveys back in order to answer as many questions as possible. 3) stated that on Flewelling Road, they need to look into putting a stop sign where the railroad track is located. That area is becoming a speedway. Public Works Director Krug stated that he would like to put two speed tables in front of the park area on Russell. They have been holding off because they are working on the resurfacing project. The issue will be addressed. Page 15 of 16 City Commission Regular July 17,2007 Commissioner Keller - no comments. Mayor Vandergrift - would like to thank the City Commission on the evaluation process of the City Manager. He added that they are always looking for a better way to handle that situation. I ADJOURNMENT The meeting was adjourned at 9:37 p.m. Attest: APPROVED: City of Ocoee Melanie Sibbitt, Acting City Clerk S. Scott Vandergrift, Mayor Page 16 of 16 ~~M =*.\ AtJflU.sr 7, :2-eo, CITY COMMISSION WORSHOP · '-:J CITY MANAGER'S CONTRACT Ocoee Commission Chambers Conference Room 150 North Lakeshore Drive Ocoee, Florida July 10, 2007 I I. CALL TO ORDER Minutes 7:00 p.m. Mayor Vandergrift called the special session to order at 7:03 p.m. in the Commission Chambers of City Hall. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner Keller, Commissioner Johnson. Also present: City Manager Frank, Assistant City Manager Croteau City, Clerk Eikenberry Mayor Vandergrift opened the Workshop at 7:00 p.m. I II. DISCUSSION REGARDING THE CITY MANAGER'S CONTRACT. Mayor Vandergrift opened the meeting and advised he would go around the table and let each Commissioner speak. He asked City Manager Frank to start by summarizing what he has accomplished this year. City Manager Frank said this is the end of three years with the City and he feels that great strides have been made with projects, level of professionalism in the management staff, and employee morale. He said they just completed another budget process where the budget is balanced at the current rate and we are waiting to see what state legislature is going to do as far as lowering the millage. He said he would be happy to answer any questions if there were any specific topics they wanted to discuss. Mayor Vandergrift said that this meeting is in lieu of doing an evaluation, and we can use this time to evaluate ourselves as Commissioners as well. Commissioner Hood - had no comments Commissioner Anderson 1) said he is concerned about the City Manager being on the 9/80 schedule, particularly since he does not live in the City, so he felt he should be here 10 days. City Manager Frank said under Section 5A and 5B he is not required to be on any particular schedule and he always charges his time off when he takes it even though that is not required. On his Fridays off he is always available by phone and frequently talks to staff. He said. he has never abused that section of his contract that permits him to take time off whenever he wants it. He doesn't think it was ever the Commissions intent to make him an hourly employee. The 9/80 schedule has worked out excellent for the employees and the residents because the new City Hall hours are 7:30 a.m. - 5:30 p.m. and he sees residents waiting for the doors to open at 7:30 a.m. every day. Commissioner Anderson said he feels the schedule is working fine for the employees, but thinks that the City Manager should have addressed it with the Commission before he went on that schedule. Mr. Frank said it is addressed in his contract, he is just doing City Commission Workshop July lO, 2007 Page 2 of5 it on a more structured basis by adopting the same 9/80 schedule as the employees, rather than coming and going as he pleases. Commissioner Anderson said in the terms of the contract have verbiage regarding termination or resignation, but does not include the City Attorney's verbiage of what happens if the contract is not extended. He feels the City Manager should not get severance in the case of non-renewal of contract but should get it only if he is terminated during the contract period. City Attorney Rosenthal said he would look for that part of the contract and get back with them in a few minutes. Commissioner Johnson said he thinks the contract is fine as written and he has no problem with renewing it for at least two years. He thinks Rob has done his job better as time goes one, and he an Assistant City Manager who does a good job taking over when he is gone for any reason. He said he did not know why they were here tonight unless someone has a problem with his performance. Mayor Vandergrift said this meeting is in replacement of a written evaluation. Commissioner Johnson said he is not concerned about him living out of the City, he attends more functions that some of the Commissioners and he is always available by phone or email. City Attorney Rosenthal said on Page 6 of the contract, section B2(a), the last sentence describes the severance pay, and states that it shall be paid in the event of non-renewal of this agreement. Commissioner Anderson restated that he does not think that a City Manager should get severance pay ifhis contract period expires and the City chooses not to renew it. City Attorney Rosenthal said the legal effect would be if no action is taken by the City Commission on the contract before October 1, 2007, the City Manager would not have a contract. He added that if you were negotiating a contract and reached an impasse because there may be some extraordinary demands (for example the City Manager asking for a $1,000,000 salary), then you would have a valid argument that no severance should be paid to him. Commissioner Hood said the only issue he has is the City Manager not living in the City, but if the Commission feels strongly that is not an issue, than we should have it removed from the City Charter, because residents see that and think it is an issue. City Attorney Rosenthal said the Charter expressly provides that the Commission can waive that requirement. Commissioner Anderson said the original contract required that he become a resident within a specific time frame, but the subsequent contract removed that requirement entirely. Commissioner Keller said he has not problems with the City Manager's performance, he is always available anytime he needs him and Assistant City Manager Croteau is also there to fill and whenever he is out of the office. He would like to see him live in the City, but does not think it is vitally important one way or the other. Commissioner Anderson said he would like to remove the part of the contract that allows a City Manager to have six months severance pay at the end of a contract if we choose not to renew it, because they would already know for six months if it is not going to be renewed. Discussion followed. Commissioner Hood asked what the norm is for a City Manager contract. City Attorney Rosenthal said his general understanding is that six months severance is not unusual. City Manager Frank said the ICMA standard contract has a year severance, but they typically don't have terms, they are open ended. City Manager Frank said that type of contract makes the job more attractive and allows them to have more bargaining power for attracting good people to the City. Commissioner Keller said the contract asked that notification be made by the end of July if the intention of the commission is not to renew the contract, but there is no City Commission Workshop July 10, 2007 Page 3 of5 penalty if they don't do that, it is a good faith request, so we are basically allowed to leave them hanging until September 30, 2007, and then not renew the contract. He said he can understand why he would want the protection of the severance pay in that situation. City Attorney Rosenthal said that the original proposal from the City Manager was six months severance, but that was rejected by the Commission. The six months was reduced to three, with discussion for each month that he stays they would add another month of severance pay, up to six months. In the end the consensus was that they would go with the reduced amount of three months, but it would be paid in the event of non-renewal. Mayor Vandergrift asked Commissioner Anderson if he is in favor of a multi-year contract. Commissioner Anderson added that isn't the issue, it is whether or not to pay severance for non-renewal of his contract. If they are told six months ahead of time the contract is not being renewed, they would still receive six months pay while they are finishing their contract and they do not deserve another six months severance pay. Mayor Vandergrift said if you tell him in July his contract is not going to be renewed, he will be asked to leave and get his six months severance; he will not work out the remainder of his contract after he has been told it is not being renewed. City Attorney Rosenthal added that he has seen many City Managers terminated over the last 20 years and does not know of any that continued to work once they were told they would not renew a contract. City Attorney Rosenthal said regardless of what you do today, you do have to have some procedure for addressing the renewal and what the terms and conditions of the renewal are going to be and how that will get to the Commission before October I, 2007. Commissioner Anderson said he thinks City Manager Frank has a closed door policy with staff, he has heard that many times with unanswered emails or phone calls. He stated he did not think he moved fast enough with the CRA, the Fire Assessment Fee, traffic light issues. He said he does not see the "divide and conquer" things being accomplished by him that were supposed to be accomplished when an Assistant City Manager was hired. City Manager Frank said he does not know how to respond to that. Mayor Vandergrift and Commissioner Johnson said they both hear that Commissioner Anderson does not answer his phone calls or emails. Commissioner Anderson said he feels that the City Manager should help get the departments working together; they are working independently at this time. Mayor Vandergrift said that we must be careful not to micro manage the City. He stated Commissioner Anderson has given employees credit for saying things that they claimed they did not in fact say. He does not want it to go back to the City Manager telling Elected Officials not to talk to staff, but we should not get in the way of their day to day duties. Commissioner Anderson said he would like to see the City Manager champion issues and take on things that he has a passion about. He sees someone sitting in their office, isolated, and not trying to get things done other than what comes across his desk. He needs to be a lighting rod for the City. Commissioner Johnson questioned Commissioner Anderson's own job at answering his phone and emails; and questioned his residency in the City in the entire time he has been a Commissioner until he recently moved. Commissioner Anderson stated that was absolutely false. He said that he is wrong about the traffic lights, CRA, fire assessments, etc, and that the only reason they finally moved forward is because of City Manager Frank. He said that the only thing he feels that could help them accomplish more is if the Assistant City Manager is out in the field more and not in the all. He said Commissioner Anderson has wanted to fire every City Manager we have had since he has been in office. City Commission Workshop July 10, 2007 Page 4 of5 Commissioner Keller said he does not feel why we should have to do this process every year. A professional in this position should not have a one year contract, especially after he has proven himself over the last three years. He thinks it should be between 3-5 years. Commissioner Hood said he would like someone to advise what the norm is. We need to make a contract that can attract the right people and give them some stability. A multi year contract would accomplish that. Commissioner Keller asked why anyone would move into the City if they only have a one year contract that could be terminated at anytime. City Attorney Rosenthal said the original contract was 15 months to line it up with the Fiscal Year. Discussion followed regarding length of the contract and salary. Mayor Vandergrift said with the revenue cuts we will be experiencing this year, he would like to see the City Manager get the same COLA and MERIT increases that we give to the employees. UBLIC COMMENTS James Fleming said that he feels the City Manager is doing a good job and he has been responsive to his issues regarding his mother garbage bill. Rosemary Wilsen 1) said she thinks the 9/80 schedule has worked out well for employees and residents, but thinks City Manager Frank should consider staggering the days off so everyone is not off on Friday, 2) asked about Mr. Franks comments that other City Managers do not have contracts and City Manager Frank said they have contracts that do not have expirations, they are just ongoing unless the Commission decides to terminate it. 3) she said she understands why he shouldn't have to be looking for a home in the current real estate market, but she feels that the requirement for the City Manager to live in the City should be left in the Charter, 4) she asked about which issues with regard to the City Manager's contract are that the Charter and Commissioner Hood advised that was mentioned when they with regard to a super majority vote in order for termination. City Attorney Rosenthal advised it is not a contract issue, that would be covered in the Charter and he added that our charter provides much more due process protection to a City Manager than most; you can't just fire him during a Commission Meeting as they can in most cities, 5) she said the length of contract time for Commissioners are three years and maybe the City Manager's contract should be the same. City Attorney Rosenthal advised there has to be an amendment to the contract because it has a set expiration date. He said he thinks the consensus that he heard would be for only one change, to extend the agreement from September 30,2007, to September 20,2010. Mayor Vandergrift said that City Attorney Rosenthal, City Manager Frank, and himself will draw up a contract based on the discussion here tonight and bring it back to the Commission for approval. Commissioner Keller said since this is a year that has no election, would it be a good idea to line up the City Manager's three year contracts with the non-election years. That would make the next agreement expire in 2011. City Commission Workshop July 10, 2007 Page 5 of5 City Manager Frank said there are some issues that he wants to suggest in his contract, one of them being his participation in the General Employees Pension Plan. J ames Fleming added that he has not seen his liaison or Commission ex -officio member for the HRDB Board. Commissioner Keller said he called to advise he had to miss the last meeting due to schedule conflict, but he will be at future meetings. Commissioner Anderson said that he feels three years is too long for the contract. I III. DISCUSSION REGARDING THE CHARTER REVIEW BOARD. City Clerk Eikenberry said there was an item on the last Commission agenda to discuss the Charter Review Board, and at the request of the Commission, the discussion was added to this workshop. The Consensus of the Commission was to place this item on a future agenda in July or August. The meeting adjourned at 8:10 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor