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Item #01 Approval of Minutes MINUTES City Commission Workshop City Attorney Interviews Dec. 28, 2011, at 6:30 p.m. The purpose of this meeting is to interview law firms who have submitted a Letter of Interest in providing legal services for the City of Ocoee. This is a workshop meeting and no formal action will be taken. I. CALL TO ORDER Mayor Vandergrift called the workshop session to order at 6:00 p.m. in the Commission Chambers of City Hall. Present: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson, and Commissioner Keller. Also Present: City Manager Frank, City Clerk Eikenberry II. TEN MINUTE INTRODUCTION AND SUMMARY OF QUALIFICATIONS A ten minute introduction and summary of qualifications was presented by each of the firms; followed by a ten minute question/answer period from the City Commission. The firms were heard in the following order: 1. 6:50 P.M. Brown, Garganese, Weiss & D'Agresta, Suzanne D'Agresta & Tony Garganese 2. 7:15 P.M. Bryant Miller Olive, Clayton Simmons & Tom Drees 3. 7:35 P.M. Gray Robinson, Thomas Wilkes & Thomas Cloud 4. 7:57 P.M Mutts & Bowen, Dan O'Keefe Commissioners asked the same questions of all attorneys: Commissioner Keller inquired as to what their firm does to stay on top of changing legislations that tend to float under the radar such as the recent changes to gun laws that caused most cities to change their Code of Ordinances. Commissioner Johnson asked if commercial businesses are ignoring outstanding liens against their property, is there a way to pursue that or to deny them an occupational license (Business tax license) to keep them from doing business in the City until they meet compliance. Commissioner Hood and /or Mayor Vandergrift asked about their experience with Charter Schools. Mayor Vandergrift, asked attorneys to explain their understanding of the relationship between the City Manager and City Attorney; as well as the relationship with City Commission and City Attorney. City Commission Workshop December 28, 2011 III. DISCUSSION REGARDING THE SELECTION PROCESS Mayor Vandergrift explained to everyone that there will be a second meeting with five more attorney firms. We will hold a Special Session after the meeting for discussion and possible action to choose a law firm. Commissioner Hood noted he would like to hold the Special Session on another day, so there is time to consider all firms from both workshops. Commissioner Keller reminded the Commission that we are on a very tight time frame to hire a new attorney and get knowledge transferred. City Manager Frank said that he spoke to City Attorney Rosenthal and he is comfortable with the decision being made by the January 17, 2012 commission meeting, but not after that. There was discussion the Mr. Rosenthal has a non - compete clause with Foley Lardner and he is not able to extend any work for the city passed his retirement date of January 31, 2012 without facing stiff tax consequences. City Manager Frank stated that we can take him to lunch and have discussions with him; however he cannot do anything that result in charges to the city for his services. In an unrelated manner, there was discussion about the timing of the Special Session and Award Presentations at the upcoming January 4, 2012, commission meeting. There was consensus to move the Award presentations (Christmas Parade, Holiday Lights, and Tennis Awards) to 6:30 p.m. IV. ADJOURN The meeting was adjourned at 8:25 p.m. APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor MINUTES City Commission Workshop City Attorney Interviews January 4, 2012, at 6:00 p.m. The purpose of this meeting is to interview law firms who have submitted a Letter of Interest in providing legal services for the City of Ocoee. This is a workshop meeting and no formal action will be taken. I. CALL TO ORDER Mayor Vandergrift called the workshop session to order at 6:00 p.m. in the Commission Chambers of City Hall. Present: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson, and Commissioner Keller. Also Present: City Manager Frank, City Clerk Eikenberry II. COMMISSION DISCUSSION Discussion occurred as to when action should be taken to determine. City Clerk Eikenberry explained that a Special Session has been posted at the close of the workshop tonight, so they can take action at that time; or they have the option to cancel that and reschedule the Special Session for another date. The consensus of the Commission was to hold the Special Session next week and submit their individual rankings to the City Manager's Office prior to the meeting. III. TEN MINUTE INTRODUCTION AND SUMMARY OF QUALIFICATIONS A ten minute introduction and summary of qualifications was presented by each of the firms; followed by a ten minute question/answer period from the City Commission. The firms were heard in the following order: 1. 6:07 P.M. Broad & Cassel, Jo Thacker 2. 6:24 P.M. Fowler, O'Quinn, Feeney & Sneed, Skip Fowler 3. 6:49 P.M. Shepard, Smith & Cassady, Clifford Shepard 4. 7:07 P.M Shuffield Lowman, Scott Cookson & Tom Lang 5. 7:24 P.M Vose Law Firm, Gretchen "Becky" Vose & Wade Vose Commissioners asked the same questions of all attorneys: Commissioner Keller, inquired as to what their firm does to stay on top of changing legislations that tend to float under the radar such as the recent changes to gun laws that caused most cities to change their Code of Ordinances. Commissioner Johnson, asked if commercial businesses are ignoring outstanding liens against their property, is there a way to pursue that or to deny them an occupational license (Business tax license) to keep them from doing business in the City until they meet compliance. City Commission Workshop January 4, 2012 Commissioner Hood and /or Mayor Vandergrift, asked about their experience with Charter Schools. Mayor Vandergrift, asked attorneys to explain their understanding of the relationship between the City Manager and City Attorney; as well as the relationship with City Commission and City Attorney. IV. DISCUSSION REGARDING THE SELECTION PROCESS City Manager Frank asked for direction on how to get rankings and move forward with negotiations on the selected firms. The consensus was that a special session will be set up for next week; the Mayor and Commissioners will submit a list of their top four preferences and the rankings will be determined at the special session. V. ADJOURN The meeting was adjourned at 7:48 p.m. APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Minutes CITY OF OCOEE Special Session January 10, 2012 at 6:00 p.m. Workshops were held on December 28, 2011, and January 4, 2012, and nine law firms were interviewed with respect to providing legal services for the City of Ocoee. The purpose of this Special Session is to rank and select a law firm to provide legal services for the City of Ocoee. I. CALL TO ORDER The meeting was called to order at 6:01 p.m. Present: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson, and Commissioner Keller Others Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry I1. COORDINATE orritiwitArsqiwGs OF THE `,COMMISSIONERS WITH "REGAARD "TO THEIR TOP FOUR SELECTIONS ' City Attorney Rosenthal asked the Mayor and Commissioners to rank their choices for the top four firms on their pre - printed ballot to be collected by himself or the City Clerk. The individual rankings as well as the combined tabulation would be publicly announced. This is the same process used in the selection committees that make recommendations to the commission. Any action on the part of the Commission takes a Motion, a Second, and three votes; the ranking is not determinative. Mr. Rosenthal said the Commission would need to provide direction to the City Manager on how to move forward; he has worked with City Manager Frank to prepare an engagement agreement that is pretty straight forward; fee structures may need to be negotiated once the rankings are in place and the discussion is moving forward Mayor Vandergrift thanked those attorneys who were here; he said he felt we really can't go wrong with any of the firms that were here. Commissioner Hood asked if they had to prioritize the top four; he felt they should just pick the top four and allow the City Manager to negotiate. Discussion followed with regard to how to rate them. While tabulations were being done by the City Clerk, City Attorney, and City Manager, the Commission discussed the proposed engagement contract for legal services. Mayor Vandergrift made note of the following requested changes: Page 1, Section 3A The City Attorney shall plan, coordinate and direct the legal activities of the City as directed by the City Commission and City Manager. In doing so, the City Attorney shall closely coordinate with the City .... Manager .._and ....City ....Commission City Commission and City Manager. City Commission Special Session January 10, 2012 Commissioner Wilsen noted that it does say on page 2 that the Commission comes first. The Commission agreed they should change that line on page 1 for consistency. Page 2, Section E The City Attorney, or the appointee of the Commission, shall serve as the Issuers counsel on bond issues. Mayor Vandergrift and Commissioner Johnson said we have used other firms before and should keep that option open. Page 2, Section G ...shall not attend workshop or budget sessions of the City commission unless specifically requested by the City commission and /or City Manager Additionally, the Conunission noted that we use other attorneys for some of the boards listed and the regular City Attorney would not be required to attend. City Manager Frank said the latest version of the contract stated that the City Attorney will not have to attend Planning and Zoning Board or Board of Adjusted unless requested by the City Manager or City Commission. He said he will get them the updated version with the staff changes and commission changes tomorrow. Page 2, Section K The City Attorney should be available to meet with the City Manager and staff for an entire day, or part thereof, once or twice each month to provide legal guidance City Attorney Rosenthal returned to dais while City Manager Frank and City Clerk Eikenberry continued to review the tabulations for accuracy. Discussion regarding the contract continued with the City Attorney present. Mayor Vandergrift noted something he would like to see changed in the Charter Section C -26 as shown on Page 2. City Attorney Rosenthal stated they can't change the Charter tonight; that would have to be done at a later time through the normal process. City Attorney Rosenthal was asked to explain the difference between the issuer's counsel and the bond counsel. He explained that the issuer's council is the attorney representing the city that would provide an opinion as to the due authorization of a bond authorization on behalf of the city. That is not the person who prepares the bond documents, closing documents, etc. We have used BMO for 22+ years for bond counsel. The bond counsel drafts the documents; provide a tax opinion with respect to the tax exempt status of the bond issue. They also work with the lender if you have a private placement or the underwriter's counsel. City Commission Special Session January 10, 2012 He added it can be the same firm for both; however the city has always preferred to keep those two things separate. He said that Grace Dunlap used to do the bond counsel when she worked at Foley, and that job followed her when she left and went to BMO over 18 years ago. Mayor Vandergrift asked about the records that Paul has done for the City, how will we have access to them? What about the other firms we have used? City Attorney Rosenthal said he has been working with the document manager at Foley and Lardner. When he began 24 years ago there were no computers, so there are many hard copies from the earlier years. He said they have been discussing the Closed File List, and they will provide a printout of that to the city that identifies every file they have in storage. Foley recently sent a letter to the city because they are implementing a records retention schedule to reduce storage costs. Basically, they will now be maintaining records for 10 years unless they fall under certain criterion that requires longer retention. Mr. Rosenthal added that is also working with an electronic access issue. Obviously, city staff can call Foley and they will try to do an electronic search, but he is trying to find a better way to do it. Because of security issues with attorney - client records it is not as easy as one might think. We are also looking at the possibility of dumping a copy of the electronic files onto the city's Laserfiche document imaging system. Commissioner Keller said one 5- terabyte external hard drive would probably handle all of the documents from Foley and we could just plug it in here, when needed. City Attorney Rosenthal said he has encouraged his technical people to talk to Brian regarding that. They have a manual governing release of documents and protocol about releasing documents; he is trying to circumvent that manual while he is still here. Mayor Vandergrift asked if the attorneys contracted by us on the same records retention schedule as we are; to which Mr. Rosenthal answered yes. Page 3, Section 6 If the City Manager agrees to any adjustments, then the City Manager shall so advise the City commission as part of the annual budget process and the adjusted rates shall become effective on October 1st of the new fiscal year. Mayor Vandergrift said he would like to change the last sentence of Section 6, to move this out of the budget process to be handled independently, but he is not sure how to make that change. City Attorney Rosenthal said in the past if the City Attorney was proposing rate adjustments; it was handled through the budget process. Commissioner Johnson noted that this is a one year carry over contract, the matter of rate adjustments could be addressed each year. City Attorney Rosenthal stated that it is a rolling contract that continues unless you elect to terminate. It is in the contract that rates remain in place until Sept 30, 2013 since we will City Commission Special Session January 10, 2012 already a third of the way through this year's budget process. Commissioner Keller said they would need to vote on it at the time of the budget, so you could make the necessary changes. City Attorney Rosenthal said the easiest way to do it would be to state in the contract that any rate revisions would require an amendment to the contract. Commission agreed that change should be noted in Item 6. IIf4comBrisiF INI I'D TAL RANKINGS INTO OVERALL SCORES FOR EACH City Clerk Eikenberry read the individual rankings of the Mayor and Commissioners: Mayor Vandergrift 1) Broad and Cassel 2) Gray Robinson 3) Fowler, O'Quinn, Feeney, Sneed 4) Brown, Garganese, Weiss, D'Agresta Commissioner Johnson 1) Shutts and Bowen 2) Shuffield Lowman 3) Gray Robinson 4) Brown, Garganese, Weiss, D'Agresta Commissioner Keller 1) Gray Robinson 2) Shutts and Bowen 3) Broad and Cassel 4) Brown, Garganese, Weiss, D'Agresta Commissioner Hood 1) Brown, Garganese, Weiss, D'Agresta 2) Shuffield Lowman 3) Shutts and Bowen 4) Fowler, O'Quinn, Feeney, Sneed Commissioner Wilsen 1) Shuffield Lowman 2) Brown, Garganese, Weiss, D'Agresta 3) Broad and Cassel 4) Bryant, Miller, Olive Tabulation worksheets are attached to the Minutes. 411 City Commission Special Session January 10, 2012 City Clerk Eikenberry read the tabulation of the combined rankings: 10 points Brown, Garganese, Weiss, D'Agresta 10 points Shuffield Lowman 9 points Gray Robinson 9 points Shutts and Bowen 8 points Broad and Cassel 3 points Fowler, O'Quinn, Feeney, and Sneed 1 point Bryant, Miller, Olive Tabulation worksheet is attached to the Minutes. IV DISCUSSION City Manager Frank said that he needed direction from the Commission on how he should proceed. Commissioner Wilsen asked if she should make a motion to negotiate between two firms. City Manager Frank stated he thinks he could only negotiate with one firm at a time; if they picked a firm and they did not agree with a negotiated contract, they would move to another firm. A tiOST ItarARDING SI. talo ' iT6TY ATTORNEY 0 * Opm Commissioner Wilsen, seconded by Commissioner Johnson, moved to proceed with negotiation with Shuffield Loman for legal services for the City of Ocoee. After some discussion of individual rankings and proposed fee schedules and pass through rates for the developers of the various firms the following vote was made. Commissioner Johnson said that he would like to make it part of the motion that the rates to the City would be the same as the pass through rates to developers (developer charge backs). He said it is one of the main complaints that he receives because the developers are going through tough times too. Commissioner Johnson, seconded by Commission Hood moved to negotiate the developer charge back rate with Shuffield Lowman to be lower than what they have proposed ($395); or the same rate that is being charged to the City ($225). City Attorney Rosenthal noted that the Brown, Garganese Firm did propose the same rate to the developers as they are giving the City. City Manager Rosenthal suggested if the City Manager is unable to negotiate an acceptable contract with Shuffield Lowman; the Commission may want to give him authorization to move forward with the second firm. Commissioner Wilsen said they will do that in a separate motion. 5 ly' :: City Commission Special Session January 10, 2012 Vote on the amendment to the motion. Carried unanimously. Vote on original motion, as amended. Carried unanimously. Commissioner Wilsen, seconded by Mayor Vandergrift, moved to authorize the City Manager to negotiate with the law firm of Brown, Garganese, Weiss, and D'Agresta if he is unable to negotiate a favorable contract with Shuffield Lowman. Commissioner Johnson stated if negotiations fail with Shuffield Lowman, he would like to see the next three firms be brought back into consideration, which would include 1) Brown, Garganese, Weiss, and D'Agresta; 2) Gray Robinson; and 3) Shutts and Bowen. After discussion, vote was taken. Motion failed 2 -3 with Commissioner Johnson, Commissioner Hood, and Commissioner Keller opposed. Commissioner Johnson, seconded by Commissioner Keller moved to authorize the City Manager to negotiate with the next three law firms: 1) Brown, Garganese, Weiss, and D'Agresta, 2) Gray Robinson and 3) Shutts and Bowen if he is unable to negotiate a favorable contract with Shuffield Lowman. There was discussion how projects that are in process will be done by Foley Lardner L.L.P. through to completion and it should probably be up to the City Manager's discretion to determine which items should stay with Foley and which should be passed on to the new firm. After discussion, vote was taken. Motion carried 4 -1 with Commissioner Wilsen opposed. VI. ENGAGEMENT CONTRACT FOR CITY OF'OCOEE LEGAL SERVICES Discussion continued on the Engagement Contract. Section 15 The Firm shall maintain in full force and effect malpractice insurance coverage in an amount of not less than $ policy limit aggregate and shall from time -to -time provide the City with evidence of such insurance. City Attorney Rosenthal said we will plug those numbers in and that will only be an issue if the coverage they have is inadequate. Commissioner Keller advised that their proposal stated $5,000,000.00. City Attorney Rosenthal agreed that was sufficient. Section 17 The designated City Attorney shall file financial disclosure as required by Florida law. A copvv of financial disclosure shall be provided to the City Clerk. This disclosure is subject to the Florida Public Records Law. City Commission Special Session January 10, 2012 Section 19 This Agreement, inc1 edit g any exhibits hereto, constitutes the entire agreement concerning engagement arrangements between the Firm and the City. This Agreement may not be changed except in writing and as signed by the authorized representatives of the Firm and the City. No further action taken on the contract. " . AukQviC t The meeting adjourned at 7:21 p.m. APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor 7 11} MINUTES January 17, 2012, 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, led by Eagle Scout Alex Nashdin. 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 Assistant Scout Master Collen Salisbury gave a brief introduction of Boy Scout Troops 198 who is working on their Community Relations and Citizens of the City merit badges. West Orange Airport Authority Presentation William Maxwell, Aviation Representative for the City, gave an update PowerPoint presentation on the West Orange Airport Authority and MetroPlan. Proclamations - Crossing Guard Appreciation Day — February 3, 2012 Mayor Vandergrift read the proclamation for Crossing Guard Appreciation Day. C. COMMENTS FROM CITIZENS /PUBLIC - None D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced the following: 1) The Parks and Recreation Department will be hosting its monthly Food Truck Friday event this Friday, January 20th, from 6:00 to 9:00 pm. on Lakeshore Drive in Bill Breeze Park. The movie "Kung Fu Panda 2" will be shown during the event; the movie will start at 7:30 p.m., so come out and enjoy a dinner and movie in the park. 2) Clarke Road Landscape project received the final delivery of palm trees yesterday. The crape myrtle trees have all been delivered and all trees will be installed by next week with sod work following immediately pending availability due to weather conditions. 3) The election for Ocoee District 2 will be held on January 31, 2012, in conjunction with the Presidential Preference Primary; the candidates are Rosemary Wilsen and Nancy Cox. The Ocoee Women's Club is holding a Political forum in the City Commission Chambers on January 18, 2012, at 6:30 p.m. This forum will be televised and those who cannot attend in person may watch it live and email or phone in questions. There will also be a Referendum Question on the ballot for all Ocoee residents to vote on: AUTHORITY TO GRANT LIMITED PROPERTY TAX EXEMPTIONS FOR QUALFIED BUSINESSES THAT CREAT NEW JOBS. All residents of the City of Ocoee are urged to vote on this important issue. City Commission Regular January 17, 2012 4) There will be a Rain Barrel Workshop this Saturday, January 21 at 9:00 AM at the Utilities Administration Office. Please note the location change; workshops were previously held at the Community Center. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller -- reminded everyone to vote on January 31 on the referendum question. This election is not just for the primary for the presidential and sample ballots should have been received by all showing the two referendum questions. Commissioner Johnson- announced the West Orange Chambers of Commerce is hosting the Big Orange Awards on Thursday, February 2 at the Special Events Center at Valencia Community College. He further said they will be honoring Richard Irwin of Health Central and Martha Lopez Anderson with Saving Young Hearts. Commissioner Johnson said he received a letter inquiring about sponsoring a corporate table at $375. Commissioner Johnson, seconded by Commissioner Hood, moved to approve $375 to be taken from Contingency for a sponsorship (corporate table) at the Big Orange Awards Event. Commissioner Wilsen advised that she would be purchasing her own ticket because Martha Lopez- Anderson is a good friend of hers. City Attorney Rosenthal advised that she would still have to vote and could not abstain. After discussion motion carried 5 -0. Commissioner Wilsen — None Commissioner Hood — 1) thanked the HRDB Board for the MLK Parade and Reception Dinner on Sunday night. 2) announced Ocoee Little League sign -ups are this week and try -outs will start this weekend. 3) announced that the Ocoee Men's Soccer Program is co -metro champions and the district tournaments start next week. Mayor Vandergrift - announced that a small sign was put out on the lake as a memorial for Jimmy Hager and it was removed or stolen. He is requesting that if anyone may have the sign to please return it back. F. CONSENT AGENDA Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the Consent Agenda Items #1 through #4 with Item #3 being pulled for separate consideration. Motion carried 5 -0. Page 2 City Commission Regular January 17, 2012 Approval of Minutes' for the Collective Bargainin„ essi�,s Hid o ecetnbe w and 28, 2011, and g lar Commission Meeting an Executive ession ,Held January 3, 201 • Clty r ikenberry Approved on Consent. Motion carried 5 - 0. 2 Apparov � oving an Alternate lVlembg > oA ITUlar M:0 bel Posii on on the BQard akAdlus tent ( C lty Clerk zikenbe_r „ry .... „ . : Ordinance No. 516 on September 15, 1970, created the Board of Adjustment to hear and decide appeals for administrative review, to hear and recommend to the City Commission variances to zoning ordinances. This Board consists of five (5) regular members and two (2) alternate members. Chairman John Resnik has resigned from the board as of January 4, 2012, due to his recent move out of the city limits. Robert Cadle, who was appointed as an alternate to the board in 2009, has indicated he would like to move up to the regular member position. There are currently no applications on file for this board. Approved on Consent. Motion carried 5 -0. 3, Appointments49 14ePlanning zoning commis won ;(City,Clerk Eik On February 9, 1999, Ordinance No. 99 -09, was adopted requiring nine (9) members that must be City residents for the Planning and Zoning Commission. There are currently seven (7) members on the board. The term of Member Jim Sills is expiring on February 2012, and he has indicated an interest in being considered for reappointment. Additionally, due to the resignations of Lloyd Hollingsworth and James Golden there are two (2) open seats for this board. Currently, one (1) application is on file from Ocoee Resident Glenda Dunn, who has indicated her interest in being a member of the Planning & Zoning Commission. Commissioner Johnson said he has an application for Don Marcotte that was provided on the dais and since he has an opening in his district he would like for him to be considered for recommendation. Commissioner Wilsen clarified that there are two openings on the board. City Manager Frank answered affirmatively. Commissioner Johnson, seconded by Commissioner Hood, moved to reappoint Jim Sills and appoint Don Marcotte to the Planning and Zoning Board. Motion carried 5 -0. Mayor Vandergrift, seconded by Commissioner Wilsen, moved to appoint Glenda Dunn to the Planning and Zoning Board. Motion carried 4 -1 with Commissioner Johnson opposing. 4 App oval of Traffic En cement A�g�ee p ;etween the City of toe ` 1 ® estnere' Town Mmes Association n (Police Ch efl3rown) A traffic enforcement agreement is required by Florida State Statues 316.006(2) in order for the City of Ocoee Police Department to have authority to enforce traffic laws upon the private roads within the limits of the gated subdivision. Wesmere Townhomes Association, Inc. is requesting such an agreement. Approved on Consent. Motion carried 5 -0. Mayor Vandergrift briefly introduced the new staff writer for the Orlando Sentinel, Mr. Stephen Hudak. G. SECOND READING OF ORDINANCES - PUBLIC HEARINGS Page 3 City Commission Regular January 17, 2012 5 Second \Rad1ng of O rdinance to Repeal and Replace tai d�lnance ,2'� 007 Entit e i " Water op,servation a andscape ltrr gat�on" `th � Wate d + rvat!on for Lanc1ir ati S st� �/„ ae g , y r esign an Ynsta pn�tana�cs, and - *Rifle en '- Requirements" c i es T rectorrSm�th (• ertised , nothe ,Or ando Sentcr ei on,.;Thu r.Y' ,January 5 . r 20.1 F The City of Ocoee's SJRWMD Consumptive Use Permit (C.U.P.) requires the City to adopt SJRWMD- approved conservation standards for High- Efficiency Plumbing and Florida - Friendly Landscape Irrigation Standards for new construction. Ordinance 2010 -007, adopted June 15, 2010, has been updated to include the required water - conserving plumbing and irrigation standards and has been accepted by SJRWMD. City Attorney Rosenthal read the title of the Ordinance. Utilities Director Smith explained that the City of Ocoee's SJRWMD Consumptive Use Permit (C.U.P.) requires the City to adopt SJRWMD- approved conservation standards for High - Efficiency Plumbing and Florida- Friendly Landscape Irrigation Standards for new construction. The plumbing requirements call for the use of water conserving appliances and fixtures on any new construction (residential, commercial, or industrial) or any new rehab that is over 50% of the existing structure. The irrigation requirements call for all new landscape irrigation systems, and existing systems or building structures which are scheduled for substantial (50% or greater) rehabilitation, to be installed consistently with the Florida Irrigation Society's Florida - Friendly Landscape Irrigation Standards (FFLIS). A certified irrigation specialist must provide certification that an irrigation system design meets the FFLIS, and also provide final certification that the irrigation system is consistent with the design. Also added to the Ordinance were additional irrigation installation requirements and a new violation which addresses water - wasting, called a mechanical violation. An irrigation system that continuously wastes water due to being improperly installed and/or maintained shall be considered subject to a "Mechanical Violation" each time observed. The first mechanical violation will be enforced after ten (10) days of initial observation by the City. Commissioner Wilsen inquired if everyone was mandated to have irrigation. Utilities Director Smith clarified that the ordinance applies to only those who chose to put an irrigation system in. Commissioner Johnson inquired as to what the cost is to the citizens. Utilities Director Smith said he could not give the exact cost but overtime the citizens will see a savings in their utilities bill. Commissioner Johnson inquired if it the city was going to bring their irrigation up to code once this is passed. Utilities Director Smith said he has already met with both Public Works and Parks Department regarding complying with the new ordinance. Commissioner Wilsen commented that she feels this is a win -win situation for the citizens and city if saving water is something they would like to do. Commissioner Johnson inquired if this ordinance will have a requirement on what kind of outflow comes out of the sprinklers. Utilities Director Smith explained that it will not restrict the amount of water per head but instead will allow for different heads to be used in efficient ways. Mayor Vandergrift opened the public hearing. Page 4 City Commission Regular January 17, 2012 Nancy Christman, SJRWMD, spoke in favor of the ordinance explaining that water conservation is very important to them. She briefly explained the benefits the citizens would get with these new enhancements to the water conservation plan. R.P. Monacky, 1820 Prairie Lake Blvd., inquired if this ordinance will affect anyone who does watering of their lawn by hand. He was told it would not affect him. Mayor Vandergrift closed the public hearing. Commissioner Hood, seconded by Commissioner Keller, moved to approve Ordinance 2012 -003 per staff's recommendation. Motion carried 4 -0 with Commissioner Johnson away from the dais. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2012-003 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT; REPEALING THE CURRENT CHAPTER 175 OF THE CITY CODE ENTITLED WATER CONSERVATION FOR LANDSCAPE IRRIGATION AND ADOPTING A NEW CHAPTER 175 ENTITLED WATER CONSERVATION FOR LANDSCAPE IRRIGATION, IRRIGATION SYSTEM DESIGN AND INSTALLATION STANDARDS, AND EFFICIENT PLUMBING REQUIREMENTS; PROVIDING FOR TITLE; AUTHORITY, INTENT AND PURPOSE, AND DEFINITIONS; PROVIDING FOR EFFICIENT PLUMBING REQUIREMENTS, PROVIDING FOR IRRIGATION SYSTEM DESIGN AND INSTALLATION STANDARDS, PROVIDING FOR WATER CONSERVATION MEASURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 6;, Second Reading of © rdinance on Impact Fee Temporary Reduction v er aced i�t the Orlan S on T hursd ay, .� a a..at ' ( Pl a n n er Ruiner) City Staff proposes a Code Amendment for extending the sunset date for the Temporary Deferral of Road Impact Fee Payments from May 1, 2012, to January 1, 2013. In lieu of the payment of Road Impact Fees prior to the issuance of a Building Permit as provided in Sections 87 -3 and 87 -11, an applicant for a Building Permit will be able to defer the payment of applicable Road Impact Fees until the authorization of "Pre- power" or issuance of a "Certificate of Occupancy" (C.O.) with respect to the structure or building for which the deferral has been requested. The provisions of this amended section shall not be applicable to single - family or multifamily housing projects with less than four dwelling units. Furthermore, the road impact fee deferral set forth in this amended section will include an additional one (1) year extension of road impact fee deferral provided the applicant has first provided the City a letter of credit as security for the payment of the deferred road impact fees. Staff is also providing for a temporary twenty -five percent (25 %) reduction of road impact fees and a temporary fifty percent (50 %) reduction in recreation park, fire, and police impact fees. All reductions will be made retroactive to January 3, 2012, and will expire on January 1, 2013. City Attorney Rosenthal read the title of the Ordinance. Page 5 City Commission Regular January 17, 2012 City Planner Rumer summarized the proposed ordinance. Finance Director Horton gave a PowerPoint presentation showing the Impact Fees for Fire, Police, Recreation and Transportation. She gave unaudited numbers as of 9/30/11. She gave the balance in the fund, debt service payment for 2012, projected revenues, and projected ending balances. She stated the Police Impact Fees and Road Impact Fees would have a negative balance with the 25% reduction. The Recreation Impact Fund is in the best shape of all Impact Fee Funds with an estimated ending balance of $487,000 with the 25% reduction. Mayor Vandergrift clarified that the annual debt service is tied to the Impact Fee funds. City Attorney Rosenthal stated the Impact Fees are not always the primary pledge for the bonds. On road impact fee funds the bonding community did not recognize impact fees as collateral. Other sources of funds may be the pledges, but we have paid the debt service out of the impact fee funds to avoid paying out of the general fund sources. Mayor Vandergrift stated he had asked for figures on a 90 -day moratorium. Finance Director Horton explained why it would be difficult to break it down that way; the closest way to come up with accurate figures is 25% of the annual amounts so that uncharacteristic highs and lows that may occur in one (1) 90 -day period cannot skew the numbers. Mayor Vandergrift added he does not want to tie things down for a year. There was discussion about how and when the impact fees are applied; time frames for permits submitted, reviewed, and issued; the of end -of- year rush of permits that did not come in this year; getting a true calculation on a short term moratorium. If we decided to go with a moratorium, the Commission would need to set up criteria and time frames for issuance, first inspection, certificate of occupancy, additional extensions. City Attorney Rosenthal explained that to set up a moratorium it would probably require a major rewrite of the ordinance and start over with advertising a new public hearing. There have been instances in other cities where developers get a building permit during the moratorium period and then never build; setting up time frames would stop that from happening. Commissioner Johnson said he would like to move forward with staff recommendations. City Attorney Rosenthal said the adoption of this ordinance does not preclude the city from considering a subsequent ordinance that would impose a moratorium. Commissioners Johnson, Wilsen, and Hood expressed the need to move forward with this now. Mayor Vandergrift opened the public hearing. R.P. Monacky, 1820 Prairie Lake Blvd., inquired for clarification on the balance and debt for the transportation impact fees. Finance Director Horton explained that we are paying back money that we borrowed for certain road projects. Mayor Vandergrift asked if we are in line with the reductions established by Orange County. Mr. Rumor said the County has a 25% reduction; our Police and Fire Impact Fees were top heavy and this reduction will bring it down in line with county impact fees. Mayor Vandergrift closed the public hearing. Commissioner Johnson, seconded by Commissioner Wilsen, moved to adopt Ordinance No. 2012 -004 relating to road, recreational park, fire, and police impact fees; amending sections of Chapter 87 of the City Code of Ordinances extending the temporary deferral of impact fee payments under certain circumstances. , Motion carried 5 -0. Page 6 City Commission Regular January 17, 2012 The ordinance, as adopted on second reading, carries the following title: ORDINANCE NO. 2012 -004 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO ROAD, RECREATIONAL PARK, FIRE, AND POLICE IMPACT FEES; AMENDING SECTION 87 -3.1 OF THE CITY CODE EXTENDING THE TEMPORARY DEFERRAL OF ROAD IMPACT FEE PAYMENTS UNDER CERTAIN CIRCUMSTANCES; AMENDING SECTIONS 87 -4, 87 -18, 87 -30, AND 87 -42 OF THE CITY CODE BY PROVIDING FOR THE TEMPORARY REDUCTION OF IMPACT FEES FOR ROADS, RECREATIONAL PARK, FIRE AND POLICE; PROVIDING FOR RETROACTIVE APPLICATION OF THE TEMPORARY REDUCTION; ADDRESSING THE AFFECT ON THE TEMPORARY DEFERRAL ON EXISTING ANNEXATION AND DEVELOPER AGREEMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. H. REGULAR AGENDA 7. App& punt and Designation of Scott A. Cookson as City�Attorney and Approval of Agreement for Legal with Shuffield, Lowman & Wilson, P.A. (Assistant Ci \ On Tuesday, January 10, 2012, the City Commission authorized the City Manager and Mayor to negotiate terms of a contract for City Attorney Services with Shuffield, Lowman, and Wilson, P.A. for Scott Cookson representing said firm to become the City Attorney. The City Manager and Mayor met with Mr. Cookson on January 11, 2012, and have negotiated terms, memorialized in the contract. Commissioner Wilsen, seconded by Commissioner Hood, moved to Appoint and Designate Scott A. Cookson as City Attorney and Approve Agreement for Legal Services with Shuffield, Lowman & Wilson, P.A. per staff recommendation. Motion carried 5 -0. Recess 8:38pm 8:48pm Discussion Re a rdin Jimmy ager Memorial. mayor Vandergrift) , v 4 - Mayor Vandergrift said he would like the Commission to consider dedicating a part of the sidewalk or park to Jimmy Hager. Commissioner Johnson said he would like to make a sign that matched the brick signs that are there, and then place a plaque with his name on it. Mayor Vandergrift said without objection staff can come back with suggestions and costs to create signs matching the brick signs already in place. I. STAFF ACTION ITEMS - none J. COMMENTS FROM COMMISSIONERS Commissioner Hood 1) addressed Assistant to the City Manager Doug Gaines regarding 1104 Doreen Ave. He further said there is only so much the city can do regarding code violations because of the homestead rule. Assistant to the City Manager Gaines explained that there are liens already placed on this property by the city. Commissioner Hood said the commission needs to keep in mind when a homeowner comes before them to ask for a reduction of fine because there are some homeowners who blatantly break the rules and then ask for reductions. City Attorney Rosenthal advised that there are some remedies where they can go into court to Page 7 City Commission Regular January 17, 2012 force somebody to bring their property into compliance but as a general statement that is not a cost effective process. 2) advised Public Works Director Krug that there are two broken sprinkler heads on the medians on Clarke Road across from the mall that are leaking a lot of water. This has been broken for the last 2 months. 3) inquired about the schedule for the resurfacing and speed tables for Peach Lake Manor. Public Works Director Krug said that the design is complete for Peach Lake Manor but they are working with finance to figure out how many phases they can actually do. The total project will be about $3.2 million and they do not have that available right now. Discussion ensued as to what other streets were approved to be paved in Commissioner Hood's area. Mayor Vandergrift inquired as to when the Christmas banners would be taken down on Maguire Road. Public Works Director Krug said they should have come down on Friday. Commissioner Hood said there is also Christmas banners out by the High School that need to be taken down. 4) inquired from Parks and Recreation Director Hayes if the commission could get information on the Orlando Broadway Dance to include all the financials that came in this past year from them and the hours they use the building. He further said there are signs that are out all the time advertising the Orlando Broadway Dance on the corner of Wurst Road and Adair Street as well as brochures on the front door of Vignetti. He feels this is taking advantage of the city and these should be removed. Commissioner Wilsen- inquired if there is some kind of way the can track heavy users of water and how does the city track their own high consumption. Utilities Director Smith explained that everyone is metered. He further said they have not done a lot of auditing but they have met with the Parks Department and they have done some auditing on the parks and what their usage is. She further inquired as to how much time would it take for staff to realize that consumption has increased overtime on a meter. Commissioner Hood said if it is on a timer they should not have increases on consumption. Utilities Director Smith explained that the medians are a little different in that they are not a defined space that they would measure out to it. They do use smart meters on some of the city facilities and they are going to comply with the same standards that they impose on the citizens. Commissioner Wilsen explained that the city has to control themselves, just as they ask the residents to control their water consumption. Brief discussion ensued regarding reclaim water being put out by the high school. Commissioner Johnson -1) said on the dais before them is paperwork showing the breakdown cost for putting the agenda packets together. He feels they should look into using I -pads. Mayor Vandergrift said without objection he would like for staff to come back with figures on purchasing I - pads. 2) said that he has spoken with some employees who thanked him for the 2% increase they will be getting but also indicted that now they are going to pay more on prescriptions and co -pays when they were told there were no changes going to take place. He further said he has addressed the City Manager regarding these concerns and this issue is being worked on. City Manager Frank explained that when they originally discussed changes with the prescription provider they also discussed that there were to be no changes. However, there were a couple of employees that got caught up with having a certain medication that is not available anymore so they are working with CareHere and Crown to make sure they can get back to where they were before. 3) addressed Public Works Director Krug regarding repaving and adding a sidewalk to Ohio Street. There are a lot of kids that walk to school and there are no sidewalks. He further asked him to look into the costs. Commissioner Keller — 1) inquired about the speed bumps for Sawmill. Public Works Director Krug said he will check to see if the PO has been issued. The resurfacing is done and the quotes are in, so it should be happening very soon. 2) said that a question was raised during Page 8 City Commission Regular January 17, 2012 the attorney interview regarding what we can do to businesses that are ignoring outstanding liens and not bringing their code violations into compliance. He questioned if there is a way we can temporarily close down a business due to safety hazards (not in code compliance) since it does not appear that we can do it through the business tax. City Attorney Rosenthal stated that the Fire Department and Building Department can close down a business that is unsafe as they did with Colony Plaza. Assistant to the City Manager Gaines said that would be a condemnation. Commissioner Keller said he is not looking for a permanent condemnation, but is there something where a business could be determined temporarily unsafe and unable to do business. City Attorney Rosenthal stated that any action would have to involve the Fire Department and/or Building Official, and cautioned that the financial impact a business could suffer may create a liability to the city. After some discussion, the Commission gave direction to the new City Attorney Scott Cookson to get with Commissioner Keller and look into this issue to see if there is any way to take action against a business that is refusing to bring long - standing code violations into compliance. Mayor Vandergrift asked retiring City Attorney Rosenthal if he had any words to say at his last Commission meeting. City Attorney Rosenthal thanked everyone for the reception and kind words before the Commission Meeting. He believes the City of Ocoee is a great City. He added that he knows Scott Cookson will do a great job for the City; and he wished everyone continued success. Mayor Vandergrift — 1) asked about putting curb feelers around the poles along the lake, since one was knocked over. City Manager Frank stated that the post construction price would be around $1,000 - $1,200. The rest of the commission was not in favor of curb feelers. There was discussion about creating reserved spaces for the commissioners along brick wall nearest to their offices. 2) read a letter from Harriet Roberts, cousin of Nancy Maguire, who thought the house was being destroyed and wanted items that she donated. She noted how important this house was and how hard Nancy Maguire worked to keep the museum going. The consensus of the Commission was that Ms. Roberts has been receiving misinformation and staff should contact her and explain there are no plans to destroy this home, but only to enhance is use so more people can enioy it for special events in their lives. 3) said the Boy Scouts of America are having Their West Orange County Annual Golden Eagle Luncheon and he would like to see the city invest in it. The event is March 14` He does not have any other information at this time. ADJOURNMENT The meeting was adjourned at 9:30 p.m. APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 9