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01-06-09 MINUTES OCOEE CITY COMMISSION January 6, 2009, at 7:15 P.M. REGULAR CITY COMMISSION MEETING A.CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of Commissioner KellerCommissioner Anderson City Hall. gave the Invocation and led the . City Clerk Eikenberry Pledge of Allegiance to the Flagcalled roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner Keller, and Commissioner Johnson. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry B.PRESENTATIONS AND PROCLAMATIONS Presentation of Chair to Retired City Employee Sue Mela. (Fire Chief Firstner) Presentation of Player of the Year Award to the Top Male and Female Tennis Players – Coach Jack Vinson. (Parks and Recreation Director Hayes) Awards were presented to Leslie North and Peter Killinger; winners were selected out of 200 players. C.COMMENTS FROM CITIZENS/PUBLIC R.P. Monacky, 1820 Prairie Lake Blvd ., discussed the recent rate hikes with Progress Energy and said we should look into competing sources for electricity such as OUC. Mayor Vandergrift explained that we are in a franchise agreement with Progress Energy that will last for several City Attorney more years. There was discussion about the 25% increase they received. Rosenthal said the Florida Public Service Commission sets the rates, not the City. Commissioner Anderson said he believes we have approximately 12 years left on our 30 year franchise agreement. Mayor Vandergrift asked staff to look into this to see if anything can be done. Commissioner Anderson added that Orlando Avenue is going to be closed because Progress City Engineer Wheeler Energy is putting up heavier lines. said they are upgrading and storm hardening their lines between their Clarke Road sub station and the one at Dillard. He said the digital billboard is in place to notify of the closures; however once the first phase is finished it should not be necessary to close the whole road, just one lane at a time. While the road is closed, they will work six days per week and keeping access open to all of the residents. D.COMMISSIONERS ANNOUNCEMENTS Commissioner Hood 1) announced Ocoee Little League sign ups are this weekend and next weekend, the cost is $65 for the first child and $50 for each child after that. Commissioner Anderson 1) said the Ocoee Oaks United Methodist Church is providing Angel Food Ministries where you can purchase a food box for $30 which contains a huge amount of City Commission Regular January 6, 2009 food including meats, milk, pasta, cheese, vegetables, etc. He said people can sign up now and the food will be available on January 24, 2008. Commissioner Johnson – no announcements Commissioner Keller - 1) wished everyone a Happy New Year, 2) reminded everyone that the Community Grants Awards for $500 are available and applications will be accepted through January 30, 2009. E.CONSENT AGENDA Approval and Acceptance of the Regular City Commission Minutes of December 16, 1. 2008. (City Clerk Eikenberry) Approved on Consent. Motion carried 5-0. Appointment to the School Advisory Board. (City Clerk Eikenberry) 2. Members of the Ocoee School Advisory Board serve two-year terms. Currently the Ocoee School Advisory Board has six (6) members and their resolution allows no less than seven (7) members and no more than fifteen (15) members. One application was received from Ms. Wilda Schoeppler Pickett with interest in serving on the board. There are no additional applications on file. Approved on Consent. Motion carried 5-0. Appointment to the Human Relations/Diversity Board (HRDB). (City Clerk 3. Eikenberry) Members of the Human Relations Diversity Board serve two-year terms. Currently, the Human Relations Diversity Board has seven (7) members and their resolution allows no less than seven (7) members and no more than fifteen (15) members. One application was received from Ms. Dahlia Peart with an interest in serving on the board. There are no additional applications on file. Commissioner Johnson Pulled for discussion. noted that this applicant for both boards (Items #3 and #4) is not a citizen of the United States and he feels that she should not be making Commissioner decisions for board in a community where she cannot even register to vote. HoodCommissioner Anderson agreed that he is concerned that she is not a registered voter. said she is a resident and she may be someone who can come up with a lot of good ideas; he Parks and didn’t think her lack of citizenship should prohibit her from being on the board. Recreation Director Hayes said that he is working with the City Clerk to change the membership of the board due to past issues with lack of quorums causing meeting cancellations. Commissioner Johnson said he doesn’t have a problem appointing her to HRDB and seeing how it works out, but did not feel she should be appointed to both boards. Commissioner Johnson, seconded by Commissioner Anderson, moved to appoint Dahlia Peart to the Human Relations Diversity Board for a two year term. Motion carried 5-0. Appointment to the Parks and Recreation Advisory Board. (City Clerk Eikenberry) 4. Members of the Parks and Recreation Advisory Board serve two-year terms. The Parks and Recreation Advisory board currently has ten (10) members and their ordinance allows no more than thirteen (13) members. One application was received from Dahlia Peart with an interest in serving on the board. There are no additional applications on file. Consensus of the Commission was Pulled for discussion. See previous item discussion. to pull this appointment to the Parks and Recreation Board until a future time after Commissioner Hood has the opportunity to speak with the applicant. Page 2 of 7 City Commission Regular January 6, 2009 Approval of Sale of Surplus Rescue Equipment to Lake County Fire Rescue. (Fire 5. Chief Firstner) Shoring Equipment was purchased with the 1999 Freightliner Heavy Rescue truck that was designated for use as building collapse rescue equipment. When the Heavy Rescue truck was sold in 2005 the equipment had been placed in storage, with no plans for further use. Lake County Fire Rescue has expressed an interest in purchasing the equipment for $5,000.00 and has received approval for the purchase by the Lake County Manager. Staff recommends the sale of the Air Shore Rescue Equipment to Lake County Fire Rescue for the amount of $5,000.00 and using the proceeds for the purchase of 1.75” fire hose to replace existing hose on the first run engines that are of inferior quality. The new hose will increase safety, efficiency and effectiveness of the firefighting crews. Approved on Consent. Motion carried 5-0. Approval to Piggyback off Orange County for the Provision and Installation of Chain 6. Link Fence and Approve Proposal from Mike’s Ironwork and Industrial Service. (Parks and Recreation Director Hayes) As part of the first phase of improvements for Sorenson Fields, the Parks and Recreation Department is proposing to upgrade and replace the existing fence and backstops for the baseball fields. Staff is requesting permission to piggyback off of the Orange County contract Y8-1131-LC for these services. Mike’s Ironworks and Industrial, Services Inc. has submitted such a proposal to supply and install the fence in accordance to the plans, with unit pricing, in the amount of $73,864.50, based upon the aforementioned contract. Approved on Consent. Motion carried 5-0. Award of RFP #09-003 Air Conditioning & Heating Maintenance Term Contract. 7. (Purchasing Agent Tolbert) Due to the current contract expiring, a Request for Proposals (RFP) was advertised with the intention to select a company deemed to be the most highly qualified to provide preventative maintenance, routine and emergency repairs of air conditioning and heating units to the City as part of a three year term contract with two (2) one (1) year automatic renewal options, for a total of five years. Staff recommends that the City Commission award RFP #09-003 to Apple Air Conditioning & Heating, Inc., per the Selection Committee recommendation. Commissioner Anderson Pulled for discussion. asked for clarification on the contract pricing for the maintenance vs. the hourly rate. Public Works Director Krug explained that the base price is to do the maintenance and cleaning throughout the year, the hourly rate comes in for emergency repairs. Commissioner Anderson, seconded by Commissioner Johnson, moved to approve the Air Conditioning and Heating Maintenance Term Contract. Motion carried 5-0. Consent Agenda Vote: Commissioner Hood, seconded by Commissioner Anderson moved to approve Consent Agenda Items #1, 2, 5 and 6 as presented by staff; items 3, 4, and 7 were pulled for separate discussion and vote. Motion carried 5-0. Page 3 of 7 City Commission Regular January 6, 2009 F.PUBLIC HEARING Second Reading of Ordinance Approval of Ordinance Regarding Change to the City of Ocoee General Employees’ 8. Retirement Trust Fund. (Advertised in the Orlando Sentinel Classified Legal on Sunday, December 21 , (Human Resources Director Carnicella) 2008) The Pension Board for the City of Ocoee Municipal General Employees' Retirement Trust Fund is governed by ordinance. Trustees of the Pension Board currently serve two-year terms. It is the recommendation of staff to change the term for the trustees from two years to five years. City Attorney Rosenthal read the title of the ordinance. Human Resources Director Carnicella explained that the reason for increasing the terms of the Pension Board members is because he would like for it to be a requirement for them to get certified and certification takes three years. He said in February he would like to adopt new rules and regulations which would include that requirement. He said it takes along time for a trustee to gain the knowledge that they need to be professional trustees who are making investment decisions for the $40+ million dollars between the two pension boards. Commissioner Anderson said he would rather keep two-year terms and allow the terms to become longer once they are certified, that way we are not stuck with someone for five years City Attorney Rosenthal who is not making the effort to get certified. said a better way would be to set the term and the longer timeframe, but provide the authority to remove them from the board if they are not certified in three years. Mayor Vandergrift moved to adopt a four-year term that would allow a board member to be removed from a board if they are not certified in two years. Some discussion followed regarding bringing a revised ordinance back after discussing it with the Pension Board. Motion died for lack of second. Consensus of the Commission was to bring back a revised ordinance. Mr. Carnicella added that another change this ordinance is suggesting is that an employee member could not be elected as a trustee until they have been with the City full time for five years and are vested in the pension plan. He said at this time a brand new employee could be elected as a trustee and it is better if trustees are selected from those who have a vested interest. Mayor Vandergrift opened the Public Hearing. Mayor Vandergrift, seconded by Commissioner Keller, moved to continue the public hearing and ask staff to bring back a revised ordinance that includes the suggestions made by the Commission tonight. Motion carried 5-0. Page 4 of 7 City Commission Regular January 6, 2009 G.REGULAR AGENDA Approval for Enforcement of Annexation Agreement. (Assistant City Attorney Solik) 9. The City entered into an Annexation Agreement in April 1998, for the voluntary annexation of property located on Marshall Farms Road. The Agreement provides for the conveyance of right-of-way to the City. The current owner of the property refuses to comply with the terms of the binding Annexation Agreement. City Attorney Rosenthal said we have an annexation agreement which requires dedication of right of way. For some reason they have not dedicated the right of way so we have condemned, but not condemned the portion that they are required to convey to us. He said he recommends that the Commission authorizes them to file a lawsuit for a specific performance of the annexation agreement. The hope is that when they see we are going to take this to court, they will go ahead and convey the right of way. There is a prevailing party attorney’s fee provision in the agreement. Other than that they wanted the city to pay for the right of way, we really don’t have an explanation as to why they are not conveying it. The current owner of the property is Armstrong Development Group One, LLC, who we have an eminent domain action against in connection with Maguire Road Phase 5 project. We’ve had a quick-take for a retention pond of the property, except for the part they are required to dedicate per the annexation agreement. At this time we have a gap between the road and the retention pond, so we need to acquire the gap by enforcing the terms of the annexation agreement. They Mayor Vandergrift have legal council and they have declined to convey the right of way. . City Attorney Rosenthal asked why they are declining to convey said first they said they didn’t think they had to convey it; then they said they wanted to be paid for it; and lastly, they wanted to include it in the condemnation case which would allow them to argue in front of a jury. We did not include it in our eminent domain action because we had a contract to get it. We need this for Maguire Road Phase 5. Commissioner Anderson, seconded by Commissioner Keller, moved to approve that the City file suit for specific performance and enforcement of the annexation agreement. Motion carried 4-0., with Commissioner Johnson away from the dais. Mayor Vandergrift asked if there is a link to the Auto Auction. City Attorney Rosenthal said that it is not related. H.STAFF REPORTS City Manager Frank asked for input from the commission regarding the Ocoee Women’s Club to hold a political forum and use the Commission Chambers and broadcast the event live. Consensus of the Commission, without objection, was to allow the Women’s Club to move forward with plans for the political forum. City Manager Frank said he had spoken to Commissioners individually but asked for direction from them regarding getting a Federal Lobbyist to convey some of the city’s interests in Washington D.C. He added that this may be a good time to get a Federal Lobbyist because President Elect Obama has expressed that he wants to provide money for infrastructure projects across the country. He said if we want to move forward with this we would need to engage their Commissioner Anderson services prior to February 1, 2009 in order for them to be effective. Page 5 of 7 City Commission Regular January 6, 2009 said can we change from our State lobbyists to Federal lobbyists rather than to have both? Commissioner Johnson said he would like to see what the costs are and their proposals would City Manager Frank be. said the cost will be the same as what we pay the state lobbyists, $5000 per month. He added that there is a firm they would recommend at this point for a one- year contract. If we decide there is a benefit to this, we can do an RFP next year. At this time, Commissioner Keller time is of the essence. said he sees that other cities, such as Winter Garden, are getting things done and usually because they have representation in the legislature. He said that our Congressman is going to be brand new this year and may not be able to push for that money as much as a veteran could. He said he thinks we should keep Gray Robinson in Tallahassee, but get a lobbyist on the Federal level who has those contacts. Commissioner Anderson said we should also consider allowing our US Representative (Congressman Grayson) to have an office at the old Police Station. He thinks that would be more advantageous than a City Manager Frank Federal Lobbyist. said he was contacted by Grayson’s office to see if we had office space available and we let them know it had some coming available in a few months. Commissioner Keller said Congressman Grayson will low man on the totem pole in Washington and the lobbyist will be there talking to Senators and Congressmen that have more clout. He felt is a good year for getting money out of Washington and we should not miss the opportunity. Commissioner Keller, seconded by Commissioner Johnson, moved to approve an expenditure of $60,000 for the City Manager to engage a Federal Lobbyist. Discussion occurred regarding doing an RFP or looking at other local firms who have Commissioner Hood connections in Washington. said he agrees that we do need a lobbyist, but Mayor Vandergrift thinks we should have an RFP. said it is a good idea to have Grayson’s City office here, but inquired about when the police department building would be ready. Manager Frank said the construction is starting any day now and should take two months. Commissioner Keller said we can still get quotes because his motion does not specify a firm. City Manager Frank said if we had more time, we could do RFP’s and bring companies in for presentations, however, we may miss out on hundreds of thousands of dollars if we delay the process by eight weeks. The firm he recommends is Alcalde and Fay, and he has advised them they are agreeing to a one-year contract at this time where most other firms require a three-year contract. Commissioner Keller said he understands the need for an RFP, but there is no way we can turn it around by February 1, 2009. There was discussion on what projects they would lobby for. City Manager Frank named many of our roadway projects and new municipal buildings and stated that the Commission should have a workshop to set a list of priorities. James Kelly , 563 South Bluford, said Orange County is sending Richard Crotty to Washington to lobby for five new Fire Stations. He said the early bird is going to get the worm and the sooner we get someone to Washington, the more we will get. Mayor Vandergrift thought that staff might be able to get involved in obtaining some Federal money. The last grant we got on a Federal level was done by City Manager Gleason. Rosemary Wilsen, 1019 shady Maple Circle, said she agrees with Commissioner Keller that we need a Federal Lobbyist and does not feel employees have the time and expertise to get the Federal Grants. She feels they should move ahead and allow the City Manager to find a Federal Commissioner Keller Lobbyist and obtain a one year contract. said with a Federal Lobbyist, the advantage is that they know the issues and they know the people they are talking. He said Gray Robinson does a great job in Tallahassee, but feels for one year we should put someone in Page 6 of 7 City Commission Regular January 6, 2009 Washington and see if we can get some of the money that will be coming out of there to turn the economy around. Commissioner Anderson said he still feels we need to focus on our representatives, such as they have in the past with Congressman Keller and Senator Nelson. He would rather have either a state or a federal lobbyist, but not both. Mayor Vandergrift said he would rather have more input before they decide on this. Commissioner Johnson said we procrastinate so much that we often miss out, and he feels that we should move forward with this and see if we can get some Federal money this year. There is a motion on the floor. City Manager Frank said one of the first things we can do is hold a workshop and come up with our priority projects. After the discussion, the motion carried 5-0. I I. COMMENTS FROM COMMISSIONERS Commissioner Keller 1) asked Public Works Director Krug to take a look at the pot holes in Prairie Lakes, especially on Majestic Elms. 2) clarified with Parks and Recreation Director Hayes that there is one more week to sign up for basketball, 3) said school is back in session, please drive carefully, and 4) reminded everyone that the Community Grants Awards for $500 are available and applications will be accepted through January 30, 2009. Commissioner Johnson thanked everyone who participated in the Holiday Dinner for the Needy and said Gloria did a great job organizing it this year. Commissioner Anderson 1) said the new calendars are out for this year and they emphasize many of the present and future development plans in Ocoee. Commissioner Hood 1) reminded everyone that Ocoee Little League sign ups are this weekend and next weekend, the cost is $65 for the first child and $50 for each child after that, 2) gave an update of the Winter Sports programs at Ocoee High School Mayor Vandergrift thanked Parks and Recreation Director Hayes for getting the Tree City USA designation and would like to get signs placed around the City. Mr. Hayes said we will receive some receive the designation from the Arbor Day Foundation he will obtain signs to place around. The Mayor suggested he get one sign and have Public Works make other copies of it. 2) he would like us to look into becoming a bird sanctuary also. I ADJOURNMENT The meeting adjourned at 8:46 p.m. Attest: APPROVED: City of Ocoee " Page 7 of7