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09-20-11 MINUTES OCOEE CITY COMMISSION September 20, 2011, 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. Mayor Vandergrift requested a moment of Silent Prayer for the Jim Beech Family, followed by the Pledge of Allegiance, led by Commissioner Hood. City Clerk Eikenberry called roll and declared a quorum present. B. PRESENTATIONS AND PROCLAMATIONS Presentation of Fire Department Promotions by Fire Chief McNeil Fire Chief McNeil announced the promotion of Lieutenant Mike Reed to Battalion Chief and Firefighter Paramedic Ron Tosi to Engineer Paramedic. They were both also presented with their helmets as well as badge pinning. C. COMMENTS FROM CITIZENS/PUBLIC R.P Monacky, 1820 Prairie Lake Blvd., inquired as to what they are doing in Forest Oaks on Prairie Lake Blvd. because it seems they are scraping the road and not doing much more. Commissioner Keller said it is his understanding that they are resurfacing the road. City Engineer Wheeler explained that they are resurfacing the road and the procedure that they are doing is to mill up the asphalt and mix it with the base. The additional base will bring it back up to the elevation needed and then the asphalt will be put on top on that. It is a new process as opposed to tearing up the entire road and not allowing any access at all. Mr. Monacky explained that there was really nothing wrong with the road and feels that there are a lot of steps involved to just resurface road. City Engineer Wheeler recommended for Mr. Monacky to speak with Public Works Director Krug so he could get more details. D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced the following: 1) The applicant is requesting for Item #9 on tonight's agenda to be pulled. Mayor Vandergrift said without obiection this item will be pulled. 2) Emergency Item Change to Special Event Permit — Request for Monthly Food Truck Fest. City Manager Frank said there is a staff report on the dais regarding a change to the special event permit for the monthly Food Truck Fest. There is a conflict with the original start date of September 23` so the organizer is requesting to move the event to September 30 Commissioner Keller, seconded by Commissioner Wilson, moved to change the date of the Food Truck Fest from Friday, September 23 to Friday, September 30 Motion carried 5 -0. City Commission Regular September 20, 2011 3) The Police Department will be participating in the following: a) Ocoee Football Fundraiser event at Ocoee High School on Friday, September 23, 2011, from 5:OOp.m. to 7:30p.m., b) National Safety Event at Sears in the West Oaks Mall on Saturday, October 08, 2011, from 12:OOp.m. to 3:OOp.m., and c) Fall Festival at the Jim Beech Center on Saturday, October 15, 2011, from 11:30 a.m. to 5:00 p.m. At each of these events the police department will be fingerprinting children and passing out child identification kits. 4) There is a Handgun Safety Class on Saturday, October 08, 2011, from 8:00 a.m. to 1:00 p.m. This is a free handgun safety class taught by Ocoee Police Officers. If interested please contact Officer Teddy Levin at 407 - 905 -3160 ext. 3024 5) The City's popular Movie in the Park series is now being held on Fridays immediately following the Farmers' Market in Bill Breeze Park. The next movie is "Thor" and will be held on Friday, September 23rd. The film will start at 8:30 p.m., and the lawn area opens at 7:30 p.m. Admission is free, so come early. 6) The Ocoee Parks and Recreation Department will be holding its first Ocoee Food Truck Friday event on Friday, September 30th, from 6:00 to 9:00 pm. on Lakeshore Drive in Bill Breeze Park. The movie "Gnomeo and Juliet" will be shown be shown during the event, so the public is invited to come and enjoy a dinner and movie in the park. 7) Staff has been monitoring the 99 Capital Improvement Bond Issue for a potential refunding opportunity. Rates are low enough that refunding the eligible portion will result in significant annual debt service savings ($50,000 to $100,000) depending on the interest rate. Our financial advisor is working with the finance staff to develop an RFP for placing this issue. Staff will bring this before you for action in the near future. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller — 1) Thanked the HRDB for the Fiesta de Colores, Hispanic Heritage Festival. He announced the food, music, and entertainment was great. 2) announced tomorrow is the Final Budget Public Hearing and welcomed citizens to attend and speak if interested. 3) announced that it was asked for someone from staff to go and speak at the Planning & Zoning Commissioner regarding being in favor of the Hackney Prairie Lake School. He spoke as well as staff. The motion passed 6 -1 and will now move on to the county. 4) announced Wednesday is Chevy's Classic Car out by the mall which he believes is still on. Commissioner Johnson 1) announced Ocoee Founder's Day is scheduled for November 4 and 5 This will be considered a "Salute the Veteran's Weekend ". The event will have carnival rides, food vendors, Chick Fil -A 5K Run, Poker Run, fireworks, games, free concerts, the market place, fishing tournament, and classic car show. Friday night will showcase the groups Diablo Canyon, Aaron Tippin, and Sammy Kershaw. Saturday night will showcase the nationally known groups Little Texas, Daryl Singletary, and Joe Nichols. Commissioner Wilsen — 1) reminded everyone about the Farmer's Market and the Food Truck Fest. 2) asked if they could move Item #8 up on the agenda because several people are in the audience. She also added that she could not vote on the Christian Service Center getting grant money from the City due to conflict of interest; that is her employer. Page 2 City Commission Regular September 20, 2011 Commissioner Hood 1) asked to please keep Jim Beech family in your prayers for the loss of a great member of our community. Funeral Services are 2pm Friday at Woodlawn Funeral Home Chapel. He added that we also lost another Ocoee Pioneer in Mr. Tom West a few weeks ago. He said both of these men were pillars of the community and will be greatly missed. Mayor Vandergrift — announced the Ocoee High School will be having their homecoming game against Colonial High School. It will start with a Barbeque fundraiser event. Commissioner Johnson spoke kindly of Jim Beech and his many contributions to the city over the last 40 years. He said he always had a smile on his face, and dedicated so much time to teaching and working with handicapped children. He established the Big Orange Games. He is proud to have named the recreation center after Jim Beech. Commission Hood added that he is a true pioneer for the youth. Mayor Vandergrift told a story where Mr. Beech volunteered to coach a little league team back in the 60's that was otherwise not going to be able to play without a coach; he added that he had been volunteering for many things ever since. LF. CONSENT AGENDA • Commissioner Hood, seconded by Commissioner Wilsen, moved to approve the Consent Agenda Items #1 through #5. Motion carried 5 -0. 1. Approval of Minutes for the Regular Commission Meeting Held September 4, 2011. (City Clerk Eikenberry) Approved on Consent. Motion carried 5 - 0. 2. Reappointments to the Police Infraction Hearing Board. (City Clerk Eikenberry) The Hearing Board shall consist of seven (7) members. Each member of the City Commission appointed a member to the Hearing Board and the other two members were appointed by the City Commission from among the membership of the Citizens Advisory Council of the Ocoee Police Department (CACOPD). The two members appointed from among the membership of the CACOPD were David Ball and Jerry Zielinski; Member Laney was appointed by the Mayor while Member Lopez- Anderson was appointed by Commissioner Wilsen. All members have declared interest in serving another 2 -year term. Approved on Consent. Motion carried 5 -0. 3. Approval of Blackwood Avenue Change Order with Barracuda Building Corporation Related to Maintenance of Traffic. (CIP Manager Butler) The first phase of work to install a dynamic new streetscape on Blackwood Avenue within the City's Community Redevelopment Area (CRA) is underway. The City and its contractor, Barracuda Building Corp., have identified a number of minor changes to the project scope that will provide a better final product while reducing the impact on businesses affected by the construction of streetscape improvements on Blackwood Avenue between Old Winter Garden Road and SR 50. These changes result in a net savings to the City. The change order will return $11,612.00 to the CRA budget for other uses. Approved on Consent. Motion carried 5 -0. Page 3 City Commission Regular September 20, 2011 4. Approval of CRA Funding for the Landscaping and Irrigation of the Blackwood Avenue Project. (City Engineer Wheeler) The CRA is currently performing improvements to Blackwood Avenue between SR 50 and Old Winter Garden Road. The new sidewalks have been installed and the minor adjustment to the stormwater system has been completed. Approximately one half of the intersection improvements at the driveways to Health Central and Wal -Mart was performed earlier this month with the second half proposed to completed by the end of the month and the asphalt repairs, too. The new street lights are scheduled to be installed starting later this month and completed within sixty days. The remaining portion of the improvement and beautification project is the new landscaping in the median and along the outside right -of -way between the sidewalk and the curb. That work is slated to begin in the new fiscal year due to funding constraints in the CRA. With the new fiscal year, there will be new funding to complete the project. According to Chapter 166.241 of the Florida Statutes, the City is not allowed to advertise the project unless the funding has been committed. The landscaping and irrigation portion of the project is estimated to cost approximately $200,000. Staff requests that the City of Ocoee temporarily loan $100,000 to the CRA to allow for the advertising of the landscaping/irrigation portion of the Blackwood Avenue improvement and beautification project, contingent on the CRA Board approving the landscaping/irrigation project in the 2011/2012 CRA budget. Approved on Consent. Motion carried 5 - 0. 5. Approval of Two -Year Warranty Surety and Maintenance, Materials, and Workmanship Escrow Agreement with K. Hovnanian Cambridge Homes, Inc. for Villages of Wesmere — Phase 2 and 3. (City Engineer Wheeler) The developer has completed construction of the phase 2 and 3 infrastructure improvements and has requested a Certificate of Completion. The infrastructure improvements include additions to the water and sanitary sewer facilities, the streets and stormwater collection system, and the perimeter wall/fence. All identified punchlist repairs have been completed and the developer is ready to start the two -year warranty period. As a requirement of the Land Development Code, the developer is required to furnish the City a surety to cover any possible damages discovered during the next two years, should the developer not choose to make those repairs. Galvin and Company has provided the City with a check in the amount of 10% of the constructed improvements. The Maintenance, Materials, and Workmanship Escrow Agreement (Form 8 from the Land Development Code) acts as the executable document between the developer and the City in the event that the surety is monetary. The surety will be returned to the developer upon completion of the two -year warranty period and the repair of any damages caused over that two year period. Approved on Consent. Motion carried 5 - 0. G. PUBLIC HEARINGS - SECOND READING OF ORDINANCES 6. Amending of City of Ocoee Ordinances, Policies, and Procedures to Comply with Florida Statute 790.33(1) Regarding Firearms. (Police Chief Brown) a. Second Reading of Ordinance Amending Cha s ter 61, Cemeteries. (Advertised in the Orlando Sentinel on Sunday, September 11, 2011). ,' In order to be in compliance with Section 790.33(1), Florida Statutes; Subsection 61 -10.F of Chapter 61 of the Code of Ordinances of the City of Ocoee, Florida, is hereby repealed, rescinded and deleted, said deleted subsection currently reading as follows: "No person may discharge a firearm in or adjacent to the cemetery. This prohibition shall not apply to authorized volleys at military or paramilitary burial services." A resolution will be forthcoming at the second reading of this ordinance declaring that any portions of any City ordinances, rules and regulations, procedures, and/or policies in conflict with this statute are rescinded. City Attorney Rosenthal read the title of the Ordinance. Page 4 City Commission Regular September 20, 2011 Police Chief Brown explained that recently Chapter 790 of the Florida Statutes and therefore we have to change local ordinances that conflict with those new changes. The public hearing was opened. As no one wished to speak the public hearing was closed. Commissioner Keller, seconded by Commissioner Wilsen, moved to adopt on second reading, Ordinance 2011 -014 Amending Chapter 61, Cemeteries, to bring it into compliance with new statute amendment 730.33(1) F.S. Motion carried 4 -0 with Commissioner Johnson away from the dais. The Ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2011 -014 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO CEMETERIES; REPEALING SUBSECTION 61 -10.F OF THE OCOEE CITY CODE IN ORDER TO COMPLY WITH THE PROVISIONS OF CHAPTER 790, FLORIDA STATUTES, AS AMENDED, WITH RESPECT TO THE STATE PRE - EMPTION OF THE REGULATION OF FIREARMS AND AMMUNITION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. b. Second Reading of Ordinance Amending Chapter 73, States of Emergency. (Advertised in the Orlando Sentinel on Sunday, September 11, 2011). In order to be in compliance with Section 790.33(1), Florida Statutes; Subsection 73 -4.A of Chapter 73 of the Code of Ordinances of the City of Ocoee, Florida, entitled "Automatic prohibition upon display and sale of weapons" is hereby repealed, rescinded and deleted in its entirety. A resolution will be forthcoming at the second reading of this ordinance declaring that any portions of any City ordinances, rules and regulations, procedures, and /or policies in conflict with this statute are rescinded. City Attorney Rosenthal read the title of the Ordinance. Police Chief Brown explained that there was also a conflict in the State of Emergencies Chapter 73, since the statute changes were made. The public hearing was opened. As no one wished to speak the public hearing was closed. Commissioner Keller, seconded by Commissioner Hood, moved to adopt on second reading, Ordinance 2011 -015 amending Chapter 73, States of Emergency. Motion carried 5 -0. The Ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2011-015 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO STATES OF EMERGENCY; REPEALING THE DEFINITIONS OF FIREARM AND WEAPON IN SECTION 73 -1 OF THE OCOEE CITY CODE AND REPEALING SUBSECTION 73 -4.A OF THE OCOEE CITY CODE IN ORDER TO COMPLY WITH THE PROVISIONS OF CHAPTER 790, FLORIDA STATUTES, AS AMENDED, WITH RESPECT TO THE STATE PRE - EMPTION OF THE REGULATION OF FIREARMS AND AMMUNITION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Page 5 City Commission Regular September 20, 2011 c. Approval of Resolution to Rescind and Repeal Conflicting Policies, Procedures, Rules, and Regulations Regarding Firearm. (Not a public hearing). In order to be in compliance with Section 790.33(1), a resolution is proposed that rescinds and repeals all policies, procedures, rules, and regulations of the City of Ocoee relating to the regulation of firearms and ammunition which are in conflict with Chapter 790, Florida Statutes, as amended by Chapter 2011 -109, Laws of Florida; provided, however, that the foregoing shall only relate to the portions of any policy, procedure, rule, or regulation that purports to regulate the field of firearms and ammunition in conflict with Chapter 790, Florida Statutes, as amended by Chapter 2011 -109, Laws of Florida. City Attorney Rosenthal read the title of the Resolution. Commissioner Keller, seconded by Commissioner Wilsen, moved to adopt Resolution 2011 -010 Repealing All Policies, Procedures, Rules and Regulations of the City of Ocoee Relating to the Regulations of Firearms and Ammunition which are a Conflict with Chapter 790, Florida Statutes. Motion carried 5 -0. The Resolution as adopted on second reading carries the following title: RESOLUTION NO. 2011 -010 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, REPEALING ALL POLICIES, PROCEDURES, RULES AND REGULATIONS OF THE CITY OF OCOEE RELATING TO THE REGULATION OF FIREARMS AND AMMUNITION WHICH ARE IN CONFLICT WITH CHAPTER 790, FLORIDA STATUTES, AS AMENDED BY CHAPTER 2011 -109, LAWS OF FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. H. PUBLIC HEARINGS 7. Eagle Creek of Ocoee Preliminary Subdivision Plan. (Advertised in the Orlando Sentinel on Thursday. July 21, 2011). This item has been requested by the developer to be continued to the October 18, 2011, Commission meeting. (Principal Planner Fabre) On August 2, 2011, the City Commission, at the request of the developer, voted to continue the Public Hearing on this item until September 20, 2011. At this time we have received a written request from the developer to further continue this item until October 18, 2011. City Attorney Rosenthal advised since it is an advertised public hearing we need to open the public hearing and allow anyone who wishes to speak the chance to do so before we move to continue it. Commissioner Hood, seconded by Commissioner Wilsen, moved to continue the Public Hearing to October 18, 2011 at 7:15 p.m. or as soon thereafter as practicable. Motion carried 5 -0. Page 6 City Commission Regular September 20, 2011 I. REGULAR AGENDA 8. Approval of July 2011 Community Grant Awards Cycle. (Community Relations Manager Wright) The Community Grant Review Board (CGRB) met on August 10, 2011, to discuss the 14 applications received for the Community Grant Program (formerly the Community Merit Awards Program). There is $7,500 allotted for this cycle of the Community Grant Program. The Community Grant Review Board voted to fund 12 organizations in the amount of $6,000. Two organizations did not receive recommendations to receive grants: The Carla Faye Foundation and Orlando Wheelchair Games. The Carla Faye Foundation did not have a representative present at the Community Grant Review Board Meeting, and therefore they were automatically disqualified. The Orlando Wheelchair Games, while a worthy organization, did not meet the grant criteria as their program does not directly benefit Ocoee residents. This item was moved up on the agenda and heard after the consent agenda. Community Relations Manager Wright explained that the Community Grant Review Board voted to fund 12 organizations in the amount of $6,000. There was $7,500 allotted for this cycle of the Community Grant Program. Commissioner Wilsen, seconded by Commissioner Hood, moved to approve the • rants awards as recommended b staff with the exce • tion of the Christian Service Center which will be heard separately. Commissioner Hood reminded the Commission of the previous discussions at the budget meetings about granting so much money and felt they should look at specific organizations that may not necessarily benefit Ocoee residents. Martin Collins, Chairman of the Garden Choir discussed that many of the members live in Ocoee and they service the entire West Orange Area. He confirmed that Winter Garden has been helpful and granted $1500 last year. Joy McGinty of the Gift of Swimming said that they noted on their application who took advantage of their program last year and there were Ocoee residents. She confirmed with Commissioner Johnson that Ocoee Parks and Recreation could approve the three students that would receive the swim lessons. She said the Board of Directors from Gift of Swimming would need to be involved also to determine the need. Karen Gowing of the Matthew Hope Ministries said they service only the West Orange Area. She said the assist people with getting IDs, birth certificates, marriage licenses, etc. for the homeless. She advised she will be happy to earmark the City's grant money only for Ocoee guests. After discussion motion carried 5 -0. Mayor Vandergrift, seconded by Commissioner Keller, moved to approve $500 to the Christian Service Center per staff recommendations. Page 7 — — - — City Commission Regular September 20, 2011 Anne Walding of the Christian Service Center said that the served 56,000 meals this year and expect that number to increase to 60,000 next year. The grant money goes for plastic utensils, cups and napkins. Commissioner Wilsen advised this year the Christian Service Center is 40 years old; the program she works with Family Emergency Services has been in West Orange for 30 years; and Daily Bread has been there for 20 years. Ms. Walding added that they have had the same contributing churches volunteering for years and many other residents remain involved. She said the police officers sometimes bring troubled kids from their programs to the center teach them about service the community also. Mayor Vandergrift stated that when he presides over weddings, some insist on paying him something and he asks them to make a contribution to Christian Service Center instead. After discussion motion carried 4 -0 with Commissioner Wilsen abstaining. 9. Request from the Hispanic Health Initiatives, Inc. to Have Fees Waived for the use of the Community Center for a Free Community Event. (Parks and Recreation Director Hayes) The City of Ocoee has received a request from the Hispanic Health Initiatives, Inc. of Casselberry, Florida, to waive the fees for the use of the Community Center for a free health screening event, which is open to city residents and residents of the surrounding area, and will take place on September 27 and 29, 2011. This item was pulled per the applicant's request. 10. Holiday Schedule for 2012. (City Clerk Eikenberry)b Section 8.01 of the Personnel Rules and Regulations lists Holidays that will be observed annually in the City of Ocoee. Each year the Commission approves those holidays and selects dates for those holidays that fall on weekends. Commissioner Wilsen, seconded by Commissioner Hood, moved to approve the Holiday schedule for 2012 as recommended by staff. Motion carried 5 -0. Holiday Previously Approved Dates Approved for 2012 New Year's Day January 1 Monday, January 2, 2012 Martin Luther King, Jr. Day Third Monday In January Monday, January 16, 2012 Memorial Day Last Monday in May Monday, May 28, 2012 Independence Day July 4 Wednesday, July 4, 2012 Labor Day First Monday in September Monday, September 3, 2012 Thanksgiving Day Fourth Thursday Thursday, November 22, 2012 Day After Thanksgiving Day after Fourth Thursday Friday, November 23, 2012 Day Before or After Christmas As determined by Commission Monday, December 24 2012 Christmas December 25 Tuesday, December 25, 2012 J. STAFF ACTION ITEMS None Page 8 — — City Commission Regular September 20, 2011 • K. COMMENTS FROM COMMISSIONERS Commissioner Hood - 1) reminded everyone about festivities this weekend including Friday night football game and Saturday Homecoming. Commissioner Wilsen- 1) thanked HRDB for the great job they did at Festival de Colores 2) said she watched the County Planning and Zoning Commission for Hackney Prairie Lake School on television and thanked Russ Wagner for his speaking; she also wanted to take a poll because a comment was made by the Mayor regarding the Commission being intimidated by the School Board. She felt that he misspoke because she knows she was not intimidated by the process. Commission Hood said he thought the School Board attorney did an excellent job summing it up; he has had a lot good feedback from School Board Member Christine Moore as well. He stated the only thing disappointing to him was all of the misinformation and condescending attitudes out there. Commissioner Johnson said he was not intimidated but he listened to the meeting on television and thought Commissioner Keller and Russ Wagner did an excellent job representing the issues. Commissioner Hood stated he didn't understand the only Board member who voted no that said he liked the idea of a school but not the speeding traffic. Commissioner Keller stated that he had more intimidating conversations coming from the residents rather than the school board. He feels strongly that the K -5 School kids should not be walking across Clarcona Rd which will soon be five lanes. Some argued there is problem with predators, but walking the trail is worse than walking inside of subdivisions. Commissioner Hood stated one of the board's arguments was that condition at Clarcona Elementary is deplorable; he added it has been that way for seven years. Commissioner Wilsen stated she just wanted to go on records stating she personally did not appreciate that he said they were intimidated. Mayor Vandergrift stated that he is feeling intimidation toward him for speaking out and saying how he felt. He stated the School Board members are contacting the Commissioners but will not even return his phone calls. There was discussion about the kids north of Clarcona Ocoee Road will remain at Clarcona Elementary and those south of there would go to the new Hackney Prairie Elementary. Mayor Vandergrift stated that we helped them buy a site with the idea that there would be an elementary school out there. Commissioner Hood said if they build a school in the Westyn Bay area they would have to bus 80% of the kids. Mayor Vandergrift discussed the building of K through 8 up near the high school. Commissioner Wilsen said the Mayor has always been in favor of community schools until now; the Mayor responded by saying this school is in the County, not in Ocoee. 2) announced the Founder's Day Market Place is accepting applications. Commissioner Hood — 1) announced the Patriot's Day event was great He added that he was talking to vendors there about the Farmer's Market and the only complaint they had was there was not enough advertisement for it.. Commissioner Johnson suggested that the West Orange Five could run a public service message about the Farmer's Market. Commissioner Wilsen said they should beef up the advertising because the Farmer's Market is a great event and a great place to come out and talk to your neighbors. Commissioner Keller said he was approached regarding getting the Bluegrass group to be a part of the Farmer's Market to bring some other new people in. Commissioner Johnson - None Page 9 City Commission Regular September 20, 2011 Commissioner Keller- 1) announced he just found out that Chevy's closed their doors on Monday, September 18 so there will probably not be a classic car show on Wednesday. 2) said that he heard that our attorney will be retiring at the end of January 2012. He thanked Paul Rosenthal for his time and knowledge over the years; he brings a vast amount of knowledge to the City and he will be missed. Mayor Vandergrift — None ADJOURNMENT The meeting was adjourned at 8:18 p.m. APPROVED: Attest: City of Ocoee III A Beth Eikenberry, City Cler S. Scott Vandergrift, Mayor Page — — — —