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11-03-09MINUTES OCOEE CITY COMMISSION November 3, 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 City Hall. Commissioner Keller gave the invocation, followed by the Pledge of Allegiance to the Flag, and led by City Attorney Rosenthal. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson and Commissioner Keller. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry B. PRESENTATIONS AND PROCLAMATIONS Presentation by CACOPD to Lt. Brad Dreasher as Officer of the 3rd Quarter -Victoria Laney of the Citizens Advisory Council to the Ocoee Police Department presented the award for the 3rd quarter of 2009 to Lt. Brad Dreasher. Commissioner Hood asked that before they go to the next presentation, he have the opportunity to revise a previous motion made on October 20, 2009. Commissioner Hood, seconded by Commissioner Keller, moved to amend his previous motion granting $1000 to the Firefighter Combat Challenge Relay Team for the purpose of lodging expenses and requested the amendment to allow the $1000 to be used for any expenses incurred in connection with the travel and competition in Las Vegas. Presentation of Appreciation Awards to Firefighter Combat Challenge Relay Team Sponsors -Firefighter Paramedic Corey Bowles, Ocoee Fire Department I.A.F.F. Local 3623. Plaques were presented to the following organizations: Lions Club- for their $750 cash donation Westgate resorts -for providing all the lodging for the event Ocoee Texas Roadhouse- for organizing a fundraiser where firefighters waited tables and received a portion of the night's earnings City Commission, City of Ocoee- for their $1000 donation Fire Chief and Union President- for allowing them to take time and paid their entry fees Presentation of Checks to Saving Young Hearts and the City of Ocoee Christmas Dinner for Families in Need -Engineer James Kelly, President of Ocoee Fire Department I.A.F.F Loca13623 Engineer Kelly explained that the Union received money from firefighter specialty tags sold in Orange County. In previous years they have given to the Muscular Dystrophy Association as part of their boot collection, but they have decided to start giving it to local charities instead. This year they will receive a proportionate share three times during the year. He said he already donated the money to the city's Christmas Dinner for the Needy and he then presented a check City Commission Regular November 3, 2009 for $1000 to Martha Lopez Anderson to her Saving Young Hearts (SYH) organization. Ms. Lopez-Anderson thanked the City of Ocoee for their continued support in placing AED units around the city, training in the use of CPR and AEDs, and for supporting SYHs heart screening events. Mayor Vandergrift said he felt that we should have First Aid Kits and AEDs in all police vehicles. Commissioner Johnson said that would be a good place to use the forfeiture money that we get (such as in Item #4 on the agenda). Chief Brown said they currently have AEDs in seven supervisor vehicles, but there are some additional forfeiture funds that could go to purchasing the rest of the vehicles. He added that the item on tonight's agenda is for the required percentage of the forfeitures that must go to drug enforcement and other specific uses. C. COMMENTS FROM CITIZENS/PUBLIC Victoria Laney, 840 Hammocks Drive, thanked the City for their support of Orange County Week of the Family. She said there are calendars at the back of the room and more information can be obtained online at w-ww.weekolthefamily.or~. She said that tomorrow evening at Olympia High School is Celebrate the Arts and the Family, a free event for the whole family to enjoy. She explained the entertainment and events that will occur and invited everyone to attend. She added that the week of the family service project is still collection new athletic shoes at all Fire Departments in Orange County for a few more days. D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank: 1) thanked everyone for making the Halloween Haunted House event a great success this year. 2) said the in-house mowing crews have officially started; you will be seeing them around the City, this program will save the City about $150,000 3) said the reroofing of Withers Maguire House will begin on Monday, November 9th, we have received approval from the historical society on the selection of the shingles 4) lift station 7 received clearance from FDEP and will be in service in the next two weeks. The system is now operational and we are redirection flows away from the force main on SR 50. This will hopefully stop the need for emergency expenditures as in the past. 5) we are continuing efforts to move homes onto reclaimed and off potable water for irrigation purposes; we are currently 70% complete for the Windstone subdivision, with White Hill and Wedgewood Commons being the next that will go to bid. 6) said the 16th amendment to JPA was approved at county commission earlier tonight; they had been in negotiations trying to get the boundaries moved to the west toward East Crown Point Road and we were able to get that done despite the fact that Winter Garden also wanted that area. 7) asked City Attorney Rosenthal to give brief update on red light camera class action suit. City Attorney Rosenthal he said that we now have an attorney taking over the class action case through our insurance carrier; they met with him last week and went over everything. They are coordinating with the service provider who has an attorney, Carlton Fields, who is handling all of their cases on a statewide basis. He added that there are 2 or 3 lawsuits around the state now against cities with red light camera ordinances. The plantiff amended their complaint to drop the claim for violation of section 1983 F.S. that would have had a potential exposure for attorneys fees and damage issues; it was going to Federal Court and they did not want it to go there so they Page 2 of 9 City Commission Regular November 3, 2009 removed those items. Our counsel is working on some good defenses; any questions can be directed to him, John Hamilton at Foley, or the other attorney from the insurance carrier. Mayor Vandergrift asked if we are moving forward with other intersections. Chief Brown said we have four new intersections, White Road and Clarke Road, West Road and Ocoee Apopka Road, Clarke Road and A.D. Mims, Blackwood Avenue and State Road 50. He added that some intersections will not have cameras in all directions due to camera placement not being allowed on State Roads. Commissioner Johnson said they don't catch the real red light runners on Highway 50 on major intersections that we are not able to catch because we can't put them on State Roads. Mayor Vandergrift said there are issues with getting the law changed so that we can place cameras on state roads; the state is grappling with this to try to get part of the money coming out of the municipalities red light cameras. Commissioner Keller said lobbyist wants to get with commissioner about what to push in Tallahassee and red light cameras at intersections involving state roads may be one of the things to push. Commissioner Keller, seconded by Mayor Vandergrift moved to direct the lobbyists to address the issue of red light cameras so that the City can place cameras on state roads within the city limits, such as Silver Star Road. Motion carried 5-0. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller 1) said the Theater Department is having "Murder at Cafe Noir" on November 19-21, 2009; tickets must be purchased in advance and are $15.00 with dinner being served by Bacon Fats Barbeque. 2) Chorus is having a holiday pop extravaganza with a Very Very Merry Christmas on December 4, 2009 3) the OHS Band is having their 2°d annual garage sale in the parking lot of the school ;and their winter concert is on December 8`" 4) the Ocoee Christmas Parade is on December 5, 2009. 5) said Winter Water Restrictions are in affect; you may water your lawn only once per week; odd numbered addresses on Saturdays and even on Sundays. Commissioner Johnson 1) raised objections about the bottling companies being able to pump as much water as they want and sell the water; while residents have to abide by restrictions 2) said the Founders Day statistics will be announced at the next meeting, they are still getting some funds in. Commissioner Wilsen 1) thanked Parks and Recreation for their efforts on McKey Street, it looks great now. 2) said the Ocoee Christian Church pavers look good also. Commissioner Hood 1) said the Lions Club Turkey Shoots will be on November 7 and 21, 2009. There will be a special Turkey Shoot to raise money for Wayne Hurst. Contact Cathy Sills for more information. 2) said information for the Christmas Parade on December St" can be obtained from the website. 3) Ocoee Pop Warner Bulldogs, Junior Midgets and Midgets won this weekend and will play again Sunday in Santa Fe. They are the mid-Florida champs right now and in round one of the southeast regional. 4) opening day ceremonies for Ocoee Soccer League are Saturday, there are over 570 kids this year. It is a great program. 5) said Ocoee High School plays Apopka this weekend and if we win we will be in the playoffs. 6) said the Haunted House was a great event again this year. Thanked Wayne's Automatic Sprinklers for installing sprinklers and making the house safe. Page 3 of 9 City Commission Regular November 3, 2009 Mayor Vandergrift 1) thanked staff as well for the Haunted House event. 2) said he was told the plats in the planters at the Maguire House are dying 3) part of the $75000 grant is to monitor neighborhoods, so we need to slow down to 25 mph in the neighborhoods 4) said the West Orange Chambers is having the Mayors luncheon tomorrow and if they have any input as to this year's accomplishments let him know and he will take that with him. F. CONSENT AGENDA Commissioner Hood, seconded by Commissioner Wilsen, moved to approve Consent agenda items 1-6, as presented by staff. Motion carried 5-0. 1. Approval and Acceptance of the Regular City Commission Minutes of October 20, 2009. (City Clerk Eikenberry) Approved on Consent. Motion carried 5-0. 2. Appointment to the Human Relations Diversity Board (HRDB). (City Clerk Eikenberry) Members of the Human Relations Diversity Board serve two-year terms. Currently, the Human Relations Diversity Board has five (5) members and their resolution allows no less than seven (7) members and no more than fifteen (15) members. One application was received from Ms. Ashley Papagni with an interest in serving on the board. Approved on Consent. Motion carried 5-0. 3. Reappointment to the Citizen Advisory Council for Ocoee Fire Department (CACOFD). (City Clerk Eikenberry) The terms of Members Glenn Richardson, Mark A. Scalzo, Wayne Vaughn, and Sam Woodson have all expired. Members Glenn Richardson, Wayne Vaughn, and Sam Woodson have indicated they are willing to serve another three-year term, if reappointed. Member Mark A. Scalzo has not expressed interest in being reappointed to the board. The following reflects the attendance of the board members considering reappointment: Glenn Richardson attended 11 of 14 meetings, Wayne Vaughn attended 14 of 14 meetings, and Sam Woodson attended 7 of 14 meetings. There are no applications currently on file. Approved on Consent. Motion carried 5-0. 4. Approval to Expend and/or Grant Forfeiture Monies to Law Enforcement Related Uses and Charities. (Police Chief Brown) Per Florida State Statutes 932.7055 "...any local law enforcement agency that acquires at least $15,000.00 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than fifteen (15) percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). Approved on Consent. Motion carried 5-0. 5. Approval to Piggy Back Tire Recapping Contract for FY2009/2010. (Public Works Director Krug) The Fleet Division budget for Fiscal Year 2009/2010 includes the replacement of heavy truck tires. The City has researched pricing and found Boulevard Tire Center provides the lowest pricing available through the School Board of Broward County, Florida contract number 28-061X. This contract is valid through September 30, 2010. The majority of the heavy truck tires replaced during the year are for the Sanitation Division's fleet. Approved on Consent. Motion carried 5-0. Page 4 of 9 City Commission Regular November 3, 2009 6. Approval of Florida Forever Resolution Supporting the Creation and Funding by the Florida Legislature of a Successor Program to the Florida Forever Land Conservation Program. (Mayor Vandergrift) G. PUBLIC HEARINGS -None H. REGULAR AGENDA 7. Approval of Holiday Banners and Decorations. (Public Works Director Krug) The Commission approved $35,000.00 for Holiday decorations in the 2009-2010 budget. Clark Sales Display, Inc., Tavares, Florida, has traditionally provided the City's Holiday decorations along with storage of the Ocoee Crown Point Parkway holiday banners for the City. Working with Clark Sales, staff has developed the following holiday decoration plan in accordance with Commission direction: Banners: • Clarke Road from SR 50 to Silver Star Road. • Maguire Road from the median south of Moore/Roberson Road to Old Winter Garden Road. • Ocoee Crown Point Parkway from the Ocoee High School to Ocoee Apopka Road. Lighted Pole Decorations: • Bluford Avenue from Delaware Street to Silver Star Road. • McKey Street from Kissimmee Avenue to Bluford Avenue. Static Display: • 25' self standing lighted and decorated tree at the City Hall complex (former fire station site). The City will purchase the banners with installation by Clark. The Public Works Team will remove the banners following the holidays and store them for future use. The lighted pole decorations and static display will be leased from Clark. The cost for this work is $27,793.40. Staff recommends the Commission approve a not to exceed amount of $35,000.00 as budgeted to cover any unforeseen conditions not anticipated in the installation of the holiday banners and lighting with Clark Sales Display. Mavor Vandergrift, seconded by Commissioner Johnson, moved to accept staff recommendations requesting that staff__ attempt to find a live tree in place of the 25 foot artificial tree, if possible. Motion carried 4-1, with Commissioner Wilsen opposed. There was discussion regarding cost and location of a live tree, Christmas Tree lighting ceremonies, etc. 8. Appointment of Commissioner to Selection Committee for RFQ #1001 Construction Engineering Inspection Services for Clarke Road Rehabilitation. (Purchasing Agent Tolbert) In compliance with City Commission direction of October 2, 2007, staff is requesting a Commissioner be appointed to the Selection Committee to evaluate responses received for RFQ #1001 Construction Engineering Inspection Services for Clarke Road Rehabilitation. The selection committee meeting is tentatively scheduled for Tuesday, December 1, 2009, at 10:00 a.m. Commissioner Wilsen asked why we have a Commissioner appointed to the staff RFP and RFQ. Commissioner Johnson said he feels Commissioners should be there to give their input and to report back to the Commission. Commissioner Johnson, seconded by Commissioner Keller, moved to have Mavor Vandergrift appointed to the RFQ Committee. Motion carried 5-0. Page 5 of 9 City Commission Regular November 3, 2009 Item #8 (continued) Commissioner Wilsen, seconded by Mavor Vandergrift, moved to discontinue having a Commissioner on the RFP and RFQ Boards. Commissioner Keller stated that the down side is that he and Commissioner Hood cannot get away to make it to the daytime meetings, so it would be the same people every time. Commissioner Hood agreed. Commissioner Johnson moved to amend that motion that if a Commissioner wishes to be on an RFP or RFQ committee that they would have the right to attend. City Manager Frank said all meetings are public meetings and open to everyone, there does not need to be a motion to have a Commissioner attend. Commissioner Keller clarified that the intention of Commissioner Johnson's amendment was that the Commissioner would be a participating member of the committee. City Attorney Rosenthal asked City Clerk Eikenberry to read back the motions for clarification. He then clarified that Commissioner Johnson's amendment to the motion would mean that a commissioner could request to be placed on a RFQ/RFP Committee as a voting member without needing commission approval. A question was raised as to what would happen if two Commissioners wanted to be on an RFQ/RFP Committee. Mayor Vandergrift stated that it would have to come back to the Commission for approval, and that needed to be added to the amendment. There was more discussion for clarification. Commissioner Wilsen asked for clarification between attending an open committee meeting vs. being a voting member. City Attorney Rosenthal clarified that it is not a Public Hearing and therefore members of the public in attendance do not have any input or discussion; they are there only to observe. Mavor Vandergrift, seconded by Commissioner Keller, moved to amend the amendment to the motion, to include that if more than one member wants to be on the committee it would come back to the commission for selection. Mayor Vandergrift asked City Manager Frank for his thoughts. He stated that it is an administrative duty, it is purely a recommendation from that staff and it still comes before the Commission for final determination. He feels the staff may not speak their mind if a Commission is sitting on the committee. He is not sure why we would want to change that to something other than a staff recommendation which is what it was for. Commissioner Johnson said that it was not true that staff cannot speak their mind if a Commissioner is present at the meetings and added Commissioners are being lobbied to give administration total control over things like this and Personnel Rules and Regulations. He added that the Commission does not get to see what goes on at these committee meetings when there is not a Commissioner present. Break 8:41 - 8:48 p.m. Page 6 of 9 City Commission Regular November 3, 2009 Mayor Vandergrift stated that we have a motion on the floor that we do not appoint Commissioners to RFP/RFQ Committee. There is an amendment to the motion that says that any member of the commission that wants to be on the committee can go on the committee as a voting member. There is an amendment to the amendment to say that the Commission has to have the right to approve it if more than one Commissioner wants to be on the RFP/RFQ Comrnittee. Vote on the amendment to the amendment. Motion failed 2-3 with Mayor Vandergrift, Commissioner Hood, and Commissioner Wilsen opposed. Vote on the amendment to the motion: Motion failed 0-5 with all opposed. Vote on original motion: Motion carried 5-0. I. STAFF ACTION ITEMS none J. COMMENTS FROM COMMISSIONERS Commissioner Hood 1) asked when the Christmas decorations would be installed and removed. Public Works Director Krug stated they will go up within two weeks after the purchase order is done and they will be removed and stored by city staff shortly after New Year's Day. 2) asked about an update with the Central Park security issues. Chief Brown said there has been some vandalism to the new handrails because skateboarders are using it. Parks and Recreation have stepped up there watch and calling in events to the Police. He said the shooting that occurred near the park last week was not related to anyone on from the park or residents. Commissioner Hood said that we need bathrooms and low lights in the playground area; that should be considered at the next budget time. There are still issues with kids jumping off the dock. Chief Brown said they have stepped up control. Parks and Recreation Director Hayes said one of the next phases of Central Park improvements includes lighting in that area of the playground and parking lot. Chief Brown said the City has created these great places for people to hang out and now we need to step up the patrol to make sure they are not attracting the wrong type of activity at Central Park and Starke Lake. Commissioner Hood said it has improved a lot since three weeks ago, but we need to stay on top of it. Mayor Vandergrift said we should consider a volunteer Ranger program that would have people. Commissioner Hood said that would work because often we do not get a call until the next day even though they observed something as it was happening. The Mayor suggested volunteers could work under the Park Ranger. Commissioner Hood says he likes the idea of a ranger patrol, possibly coordinating it under an officer. 2) Commissioner Hood asked the Commission what they thought about giving some many to Ocoee High School; he stated we cannot afford to give them as much as in the past, but perhaps we can give them $5000 to be used at Principal Armbruster's discretion. Commissioner Wilsen said she does not see how they can do that without doing the same for Wekiva and West Orange High Schools and some of the middle schools as well. Commissioner Hood said he feels the high schools have more sporting events and activities than lower schools and giving them money may prevent them from coming before the Commission and asking for it. Commissioner Page 7 of 9 City Commission Regular November 3, 2009 Johnson had no comment. Commissioner Keller said he agrees with Commissioner Wilsen in that the other two high schools would have to get the same donation. Mayor Vandergrift said that we have the Community Merit Awards committee to review these requests, perhaps next year we can set up a specific amount of funds just for school requests. Commissioner Wilsen - no comments Commissioner Johnson - 1) said he is getting complaints that there are speeders no one is stopping between Kissimmee and Lee Street, the little section off Silver Star Road, and it is endangering children in area. 2) said that Pioneer Key Park is experiencing some vandalism other activities and there are cars parked out there all night. Commissioner Hood asked if they could chain that area off at tonight. Commissioner Johnson said they are still going in on foot and doing things at night and patrol needs to be stepped up. 3) said a resident asked about vehicles being parked and left while parents go up to Spring Lake Elementary. Commissioner Hood said the residents are complaining by the traffic impeding their access and others are complaining about not having access to their children's school. There is a safety issue because cars are parked on both sides and kids are darting between them. Mayor Vandergrift suggested that we place a road off of the utility plant access road and feed across to the school without going through either neighborhood. Commissioner Keller 1) asked what can be done to close Hackney Prairie Park until the lighting is installed there. There were some burglaries in Remington oaks and it was found the perpetrators were using the park to leave their car there while they committed the crime. He asked if we can change the resolution dealing with park closings to close Hackney Prairie Park earlier until there is lighting. The Mayor suggested we just make a public policy. Commissioner Keller, seconded by Mayor Vandergrift, moved to close Hackney Prairie Park at 7:00 p.m. until lighting is installed in the park. Motion carried 5-0. There was discussion about 7:00 p.m. being too early because it does not get dark until 9:00 p.m. in the summer. Parks and Recreation Director Hayes stated that lighting should be installed out there by late March. Mayor Vandergrift stated we should entertain the thought of solar lighting in that project. Commissioner Hood asked when the stands were going in at Sorenson. Mr. Hayes said they were supposed to be in this week; staff contacted the company to ascertain what is causing the delay but have not heard back. They will call them again. Mayor Vandergrift said there is a resident complaining that balls are still going into her yard, why is the screen at the backstop not working. Commissioner Hood said there is no screen, only trees. Mr. Hayes said the screen came down when the new fence went up because it interfered with the play of the game. They priced a screen and it was around $40,000 for two poles with netting and they did not have the funds to cover it. Mayor Vandergrift 1) thanked Assistant City Manager Croteau for getting the "Scenic Drive" signs up by the lake. He would like to see "scenic drive" placed on top of each of the Lakeshore Drive signs. He also noticed that the two signs that are there the "Lakeshore Drive" sign is on the top of the pole in one location and the bottom of the pole in the other. He would like to see us place inexpensive signs that would be uniform along Lakeshore Drive 2) thanked everyone who attended the meeting last night with regard to the swine flu (H 1N 1); he said it was well attended and there was a lot of discussion on how to keep information flowing to the community Page 8 of 9 City Commission Regular November 3, 2009 to lessen any impact that we will experience. Mayor Vandergrift said he would entertain a motion to spend $1000 to launch a campaign to add more hand sanitation stations and put up posters to remind people to wash their hands. Public Works Director Krug said they purchased 6 hand sanitizer stations at $840, and the custodial staff has been making an extra effort to sanitize door handles, light switches, and railings. Mayor Vandergrift added that new numbers on the pandemic that are coming in are shocking, especially up north. We need to do everything we can to prevent or lessen an outbreak in our community. The three things the school board focuses on are Prevention, Education, and Communication. The flu season is expected to run through January. 3) said the Bulldogs will play Saturday in Starke Florida, 4) advised that Walmart is sponsoring flag football games, one will be in Ocoee in Freedom Park, to raise funds for Give the Kids the World. 5) announced the Soccer kick off at gam also on Saturday, 6) thanked staff for the great job on the haunted house. ADJOURNMENT The meeting adjourned at 9:21 p.m. Attest: Be ikenberry, City Cl APPROVED: City of Ocoee i ti S. Scott Vandergrift, ayor Page 9 of 9