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Item #01 August 1, 2006 Minutes MINUTES OCOEE CITY COMMISSION August 1,2006, at 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7: 15 p.m. in the Commission Chambers of City Hall. Commissioner Keller gave the Invocation and Commissioner Hood led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Mayor Vandergrift, Commissioner Hood, Commissioner Anderson, Commissioner Johnson, and Commissioner Keller. Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry. I B. PRESENTATIONS AND PROCLAMATIONS I Ocoee Knights High School Band played for the Commission and the Public, and thanked the City for their support. Presentation - West Orange High School Marching Battery (Drum Section). (Mayor Vandergrift) Presentation - WMFE's Request for a "Capacity" Grant - Stephen Steck. (Mayor Vandergrift) Mr. Steck gave a PowerPoint presentation and made a formal request for the City of Ocoee to consider and fund a multi-year capacity grant for the public broadcasting stations of WMFE. The Commission discussed that a Line Item should be placed in the budget for $5,000.00 for FY 2006/07. Mr. Steck advised that the City will receive a contract with language specifying that they will not request the funds until April 2007, and unless they are able show that all of the project funds have been raised. Mayor VanderQrift, seconded by Commissioner Hood, moved to approve a multi- year capacity Qrant to WMFE at $5000.00 per year, for three consecutive years, toward the operations of WMFE Channel 24, and radio station 90.7, which would air some City of Ocoee proQrams and events. Motion carried 4-1 with Commissioner Johnson opposed. Commissioner Johnson stated he believes it would be better for the City to put $15,000 into our own government channel, where we would have complete control over what is aired. He does not think WMFE airs in many homes in Ocoee. Mr. Steck added 50% of the City's broadcasting would be on radio station 90.7 during drive time. Presentation - Nancy Christman, Intergovernmental Coordinator with SJRWMD presented a ceremonial check for $510,000.00 representing the matching funds for the grant on the City's reclaim water projects expansion program. She distributed a packet with a Recreation Guide and advised the City can order these Guides from their website, free of charge, for distribution to residents. She gave a summary of research and cost-share programs currently offered by SJRWMD. She congratulated the utilities staff for submitting a great project and working in cooperation with local government agencies. Ms. Christman said the District rescinded the water shortage order in March 2006 because of the rise in the aquifer levers, but they still want to promote water conservation, they have a campaign which focuses on education and required Orange County residents to limit their lawn irrigation to two days per week. She advised that City Commission Regular August 1, 2006 Cities can enact a local ordinance restricting residents to two designated days of watering per week, which would help enable enforcement. Proclamation - Fire Fighters Awareness Week - August 6th_12th. Mayor Vandergrift read the proclamation. This proclamation was read after Comments from Citizens/Public. Lisa Te from the Muscular Dystrophy Association thanked the Ocoee Fire Department for their fundraising efforts. I C. COMMENTS FROM CITIZENS/PUBLIC Rosemarie Marganto, 11012 Grove Shire Court, said she has been calling the City for four years trying to get the lights on Maguire Road turned on. She said she finally contacted the Executive Office at Progress Energy and the situation was handled immediately, with the exception of three lights that will be completed next week. She felt the City did not make an effort to get that done, since it only took ten minutes of ner time. She also said the landscaping along the roadway medians on Maguire Road is in worse shape than Clarke Road, and we need to find a planting situation that will work in such adverse conditions, instead of constantly planting new plants as they die off or get full of weeds. City Manager Frank said they are looking at terminating the contract of the company currently doing median maintenance, and working toward an in-house landscaping and maintenance crew in next year's budget, especially for the main arterials. Commissioner Johnson said we have a horticulturist who should be researching this problem and come up with a better solution for the median landscaping, or make the contractors do their job correctly. Commissioner Hood said the mowing company is not edging and leaving the appearance of the medians very sloppy. Mayor Pro Tem Anderson read an email asking if we can consider artificial turf or mulch. City Manager Frank said we can look into that. Commissioner Hood said we usually take the lowest bidder and we often get what we pay for; we may find a better company if we are willing to pay more. City Manager Frank said we have deducted money from their payments when they did not do their job correctly, so the City is not paying for services that were not received, however, that does not resolve the problem of the appearance of the medians. Commissioner Anderson said he would like us to consider artificial turf or other alternatives that require less maintenance. Mayor Vandergrift added that the retention pond in the Coventry has not been mowed in six weeks, and it should be mowed twice a month in the summer. City Manager Frank said we want Maguire, Clarke, and Silverstar to be the showcase areas for the City, and we need to get a better contractor for the City. We had a good relationship with our former contractor, and switched when we got a lower bid. He said staff can look into artificial turf for the medians to eliminate some maintenance issues, but it can be a costly installation, and costly replacements are required when vehicles travel over the turf. R. P. Monacky, 1820 Prairie Lake Blvd, said he agrees we should look into alternatives because the constant maintenance is not cheap. Martha Lopez Anderson, 2438 Alclobe Circle, said the Child Protection Recommendation Committee (CPRC) sunsetted on June 30, 2006. She advised that most members of the CPRC are interested in continuing with the annual Safety Spring Fling event, and said she would like to create a committee of volunteers that work with City Stan, modeling the Founder's Day Board, so that it is not a board subject to the Sunshine Law. City Attorney Rosenthal said that we can follow the Founder's Day Model and the Safety Spring Fling can be handled as a staff function, Page 2 of9 City Commission Regular August 1, 2006 allowing staff to seek volunteers to assist. with the event. As long as members are not appointed by the Commission, and are citizen volunteers working on a City event, it would not be a board that is subject to the Sunshine Law. City Attorney Rosenthal said the Commission needs to decide if this is going to be an annual event, just like Founder's Day. If it is an annual event, it becomes an administrative function of the City. Commissioner Anderson, seconded by Commissioner Keller, moved to hold an annual Safety Spring Fling event, and to allow volunteers (including former members of the Child Protection Recommendation Committee) to work with the Police Department to organize the event on an annual basis; further directed the City Manager to include a line item in the upcoming budget for the same amount budgeted last year, and further discussion regarding funding of the event can take place at the budget workshops. Motion carried 5-0 Ed Branch, 428 East Lakeshore Drive, asked if the City would looking into fixing the medians at Hwy 50 and Clarke Road; There have been several accidents because cars drove right into the plantings and the plantings do not get repaired for weeks. It is also occurring on White Road and Clarke Road. He also asked for confirmation on water restrictions from SJRWMD, to which Commission advised residents are restricted to any two days of watering that they choose, unless the City adopts a local ordinance designating specific days for better enforcement purposes. I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE I Commissioner Hood 1) Veteran's Services are now available at the new Tom Ison's Veterans and Seniors Center on Adair Street, Monday - Friday 8:00 a.m. to 4:00 p.m., 2) said Pop Warner Football started today and urged residents to drive carefully in the areas of the ball fields, 3) said Night Fever at Ocoee High School starts August 3-4, 2006, for students to register, pick up books and ID cards, and go to "Meet the Coaches", etc., 4) Ocoee Middle School has orientation August 2, 2006 for 6th graders, and August 3, 2006, for ih and 8th graders, from 5:30 to 9:00 p.m., and parents need to accompany their children, 5) thanked the Police and Fire Departments for their work on the National Night Out tonight, 6) Fall Ball sign ups for Little League Baseball will be held on August 4th and August 11 th, and 7) announced Founder's Day meeting on August 10, 2006 at 6:30 p.m. Item #4 was moved UlJ on the agenda and heard before the remainder of Commission Announcements. Commissioner Anderson- none Commissioner Johnson- 1) said he was told that the approval previously made for the Lacrosse Teams, Wall at Ocoee High School was not specific enough and we need to make a new motion, Commissioner Johnson, seconded by Commissioner Hood, moved to grant $3,000.00 to Ocoee High School for the construction of the Lacrosse Wall, from the Commission Contingency Fund. Motion carried 5-0 Commissioner Johnson, seconded by Commissioner Hood, moved to purchase advertising for placement of 4X8 banners throughout the school during all three sports seasons (Fall, Winter, Spring) in the amount of $600.00 from Commission Contingency. Motion carried 5-0 Page 3 of9 City Commission Regular August 1, 2006 Commissioner Keller said he received correspondence from John Resnick to request the use of Sorenson Field for the AA U baseball league at no charge, waiving the normal fee of $15 per hour. The team consists of 12 players, 7 of which are Ocoee residents. Consensus of the Commission was to have Citv Clerk EikenberrY research the motion made by the Commission earlier this year, and bring the minutes back to the next Commission Meeting. City Manager Frank said to advise Mr. Resnick to go ahead and reserve the field for the first game and Commission will advise if there is a charge based on the earlier minutes. Mayor Vandergrift 1) announced the First Ever Dinner Theatre in Ocoee, Barbershop and Barbeque on Saturday, August 12, 2006. Tickets will be $20.00 for dinner and the show, or $12.00 for show only. The event will include Wesley's Barbeque and the Sound of Sunshine Ladies Barbershop Quartet, 2) introduced Erin Ailworth, the new reporter covering Ocoee Government, who will replace the retiring Sandy Mathers, and 3) said school will begin on Monday, please be patient in traffic and watch for the kids. I E. CONSENT AGENDA I 1. Approval and Acceptance of the Regular City Commission Minutes of July 18, 2006. (City Clerk Eikenberry) Approved on Consent Agenda Vote. Motion Carried 5-0. 2. Approval of Budget Transfer for Upgrade to Ocoee TV's 360 System. (Community Relations Manager Wright) Ocoee TV's 360 System requires additional equipment to program the time of day shows will air. Currently, programs are broadcast on Channel 21 but cannot be scheduled to play at a specific time each day. The 360 System lacks the mechanism needed to schedule shows on the hour. The 360 System needs the Leightronix TCD-IP controller and PL-360IS control interface to automatically program shows at 1 :00 pm, 2:00 pm, 6:00 pm and so forth. The controller will allow staff to set the times City Commission and other board meetings are broadcast each day, and advertise those show times on promotional fliers, the City's Web site and West Orange Times. The cost for the Leightronix TCD-IP and accompanymg PL-360IS control interface is $7,875.00. Funding for the system is available in the current Community Relations budget for FY 2005/06. Approved on Consent Agenda Vote. Motion Carried 5-0. Consent Agenda Vote: Mayor Vandergrift. seconded by Commissioner Johnson, moved approve Items 1 and 2 on the Consent Agenda. Motion carried 5-q Page 4 of9 City Commission Regular August 1, 2006 I F. ORDINANCE FIRST READING 3. Proposed Ordinance Chapter 136 - Sexual Offenders and Sexual Predators - Child Protection Recommendation Committee. (Deputy Police Chief Goclon) The Child Protection Recommendation Committee (CPRC - a citizen board authorized by the City Commission to make recommendations to help keep children in the community safe) is deeply concerned about recent occurrences in our state and elsewhere, whereby convicted sexual offenders and sexual predators who have been released from custody repeat the unlawful acts for which they had originally been convicted. The CPRC recommends City adoption of an ordinance that provides heightened protection of the lives and persons in the City of Ocoee and would prohibit sexual offenders and sexual predators from establishing a residence within two thousand five hundred (2,500) feet of certain locations within the City. The Child Protection Recommendation Committee recommends that the Honorable Mayor and Board of City Commissioners adopt the proposed City Ordinance Chapter 136 - Sexual Offenders and Sexual Predators and that the City implement a background check application for people who volunteer for City boards and who help with City programs. The ordinance allows for a $1000.00 a day penalty for violations of the ordinance. As violations could result in imprisonment, the cases have to be heard by a criminal court judge. Nominal court fees may be assessed to the City if the violator is found "not guilty." City Attorney Rosenthal read the title of the ordinance. Mayor Vandergrift announced that the second reading and public hearing will be heard on August 15, 2006, at 7:15, or as soon thereafter as may be heard. I G. REGULAR AGENDA 4. Discussion and Direction on Waivers for Meadow Ridge Commercial PUD Conceptual Plan. (Community Development Director Wagner) This item was moved up on the agenda and heard after Commission Announcements Community Development Director Wagner gave a PowerPoint presentation showing the conceptual design for the Meadow Ridge project, and asked for direction from the Commission regarding waivers they would be asking for at a future date. Developer Chuck Whittal, of Unicorp National Development explained the design concept and the need for the waivers. He said the buildings will be set near the roads and parking areas will be hidden from view to passing traffic. The developer requested waivers as follows: 1) Allowing building setbacks of 15ft vs. 25ft on the south road and 15ft VS. 35ft on Maguire. 2) Allowing a 15ft VS. 25ft landscape buffer on both Moore Road and the southern access road. 3) Allowing a 15ft landscape buffer on Maguire Road 4) Allowing 13 less parking spaces, because the retail area will have shared parking in the evening for the restaurants. 5) Allowing a row of 18 foot parking spaces (vs. 20 ft. required) in the area behind the retail building. There was discussion regarding the parking situation, type of signage that would be permitted, and getting the electric poles moved. Mr. Whittal said there would be a park area with a fountain or signature oak tree (with seating) in the center of the complex. Commissioner Johnson, seconded by Commissioner Hood, moved to approve staff recommendations for the requested waivers, which will allow the developer to move forward on the proiect plan and get official approval for these waivers at a later date. Motion carried 5-0. Page 5 of9 City Commission Regular August 1, 2006 5. Appointment to the Community Merit Award Board (CMA). (City Clerk Eikenberry) Members of the CMA shall serve two-year terms. Currently the CMA has two (2) members but their resolution allows up to five (5) members. The CMA Board would like to meet on August 2nd but due to lack of members they currently do not have a quorum to meet. There are currently no applications on file; therefore City staff had asked for the City Commission to seek volunteers and bring those names back for appointment. City Clerk Eikenberry advised that she distributed four applications for the CMA Board that were received in her office after the agenda was published. The board needs at least one more member to meet, but there are three openings at this time. Commissioner Hood, seconded by Commissioner Johnson, moved to appoint John Grogan to the Community Merit Award Board. Motion carried 5-0. Commissioner Keller, seconded by Commissioner Johnson, moved to appoint Laurie Nickels to the Community Merit Award Board. Motion carried 5-0. Commissioner Anderson, seconded by Commissioner Johnson, moved to appoint Jeffrey Cox to the Community Merit Award Board. Motion carried 5-0. I H. STAFF REPORTS 6. Update on Silver Star Road Landscaping. (Assistant Public Works Director Elliott) Assistant Public Works Director Elliot gave a PowerPoint Presentation. She advised this project is to landscape the medians on Silverstar Road, from Clarke Road east to the City limits. The project received a grant from FDOT in the amount of $250,000.00, which expires October 27, 2006. Randy Raymond, Project Designer from HHI is also present to answer questions, if needed. It will be necessary to bore under the roadway to connect to the City's water system for irrigation purposes. They are looking into solar irrigation to prevent running electrical under the roadway to the medians. Once the design is finalized and permits are obtained, the project will be bid out. They are seeking an extension from FDOT since the deadline is rapidly approaching. Randy Raymond, explained that the reason for solar or "ambient light" irrigation, is to reduce the installation cost and maintenance of underground electrical wires. Assistant Public Works Director Elliot advised it will be the City's responsibility to maintain the landscaping. She said they are looking into low maintenance plantings. She said this will be one of the responsibilities of the City's in-house landscaping crew beginning next fiscal year. 7. Consideration of Recommendation of Ocoee School Advisory Board for Removal of Member. (Community Relations Manager Wright) Discussion occurred regarding how the removal of member Pablo Quinones occurred, and whether it was a problem that occurred on one occasion, or an ongoing history of disruptions by this Board member. Board Chair Conklin explained to the Commission that this member had a history of being disruptive and promoting his own agenda since his appointment to this board several months ago. Mayor Vandergrift advised he is the Commission Ex Officio Member on this board, and he supports the board's actions. Page 6 of9 City Commission Regular August 1, 2006 Mayor Vandergrift seconded by Commissioner Hood, moved to support the decision made by the Ocoee School Advisory Board and authorized the removal of member Pablo Quinones from the Board. Motion carried 5-0. First Baptist Church - request for variance City Manager Frank said there is a request on the dais from the First Baptist Church requesting a variance from Orange County Code of Ordinances for the new Church located at 700 Good Homes Road, to allow the installation of a 199 foot cross. This property is outside the City limits, but located within the Orange County-Ocoee Joint Planning Area and within the City of Ocoee's State Road 50 Activity Center. The planning department opposed this variance stating that it is inconsistent with the Land Development Code and Orange County's West State Road Corridor Overlay District, and because the applicant has not fulfilled the general requirements or hardships for a variance as stated in the Orange County Code of Ordinances Section 30-43 (3). Commission Keller, seconded by Commissioner Johnson, moved to oppose the variance per staff recommendations, and authorized the Mayor to sign a letter on behalf of the Commission. Motion carried 5-0. Jamela Tank Update Utilities Director Smith advised that the level of lead in the paint on the tank is high enough (over 8%) to be considered hazardous waste. FDEP said no permit would be required if the tank could be taken to salvage. Pitts burg Tank does not have the capacity to saw the tank down in its current condition, but have found a subcontractor who can do this in November at an additional cost of $20,000.00. We are still under the $136,000.00 amount that was budgeted for the entire project. Commissioner Hood commented that we need to look into repainting all of the City's storage tanks to reduce eyesores and prevent corrosion. Commission Hood, seconded by Commissioner Johnson, moved to approve the additional funding of $20,000.00 to contract for removal and salvaging of the tank. Motion carried 5-0. Utilities Director Smith said he will get the job scheduled and bring back an update, and exact completion date at the next Commission Meeting. I I. COMMENTS FROM COMMISSIONERS I Commissioner Hood 1) asked about building another water plant on the north end of the city if the Northwest Sector study shows it is necessary. It has been identified in the CIP program at this time. Utilities Director Smith said the study done by DRMP shows that we will need a new plant in the Northwest Sector, and we are currently in the CUP process with SJRWMD, applying for capacity, and we will ask for everything that we can justify based on our growth, and 2) asked about the water pipes with potable water going through them, that contain materials and may need to be replaced. Mr. Smith advised we have tested on a regular basis and have not had Page 7 of9 City Commission Regular August 1, 2006 any failures due to materials in the waterlines; the issue is old metal pipes that have scaling and pipes in rear yard lots that make it very difficult to maintain. We have money in this year's budget, as well as next year, to do minor pipeline upgrades. They will be identifying all of the lines that fall into this category and come up with a system-improvement cost, and we will also get a consultant to present a revenue/expense report, and 3) said staff has done an excellent job with the pavers on Lady A venue. Commissioner Anderson 1) said he would like to set up a new Landscape Committee and include representatives from all of the HOA's. Consensus of the Commission, without obiection, was to appoint Commissioner Anderson as liaison to the new Landscape Committee, and have the Clerk's Office contact the previously appointed members to see if they are interested iin serving again. John Dawler was in the audience, and advised he was previously on the board and is still interested in serving on this board, and 2) thanked staff for their work on National Night Out, which was bigger this year than last year. Commissoner Johnson 1) advised a Wesmere resident, Mr. Jensen, that he spoke to Engineer Wheeler about the lighting project at the Townhomes across the street, and it will be 6-8 months before they are completed, 2) said he would like to contr:lbute to refurbishing the antique police car that was on display during National Night Out. Commissioner Hood suggested we create a permanent location at the Maguire House once the car is refurbished. Commission Johnson, seconded by Commissiclner Keller, moved to contribute up to $2000.00 to have Sgt. Bob Chedwick refUlrbish the old police car. Motion carried 5-0. 3) said the Founder's Day Committee is moving along, they have Ronnie Milsap lined up for entertainment, and working on volunteers helping with organization of vendor's, etc. Commissioner Keller 1) said a resident brought to his attention that many cities are banning pitbulls and feels we should look into it because we have a concern in our community. There was discussion about possible requirements for cages or insurance riders. City Attorney Rosenthal said he would look into it, 2) asked the staff to look into requiring satellite television to carry OGTV. City Attorney Rosenthal said that they carry Orange TV, and may not be required to carry our channel. City Attorney Rosenthal asked Commissioner Keller to send him the literature he saw regarding this issue and he will look into it, 3) asked the staff to check into repairing the potholes in Sawmill, and 4) reminded everyone to watch out for school kids Monday and wished the students a great school year. Commissioner Johnson asked for and received consensus of the Commission to remove a riding mower from the surplus list and allow Auxiliary Sgt. Bob Chedwick to repair it and use it to mow the gun range. The mower will remain as City property. Mayor Vandergrift said 1) the doors between the Commission Chambers and the conference room need to be fixed so they will open easier, 2) said there are street lights out on Ocoee Crown Point Road by the High School, and 3) said the fountain lighting is out at the Ocoee High School, and 4) spoke about the workshop discussion on the moving of Evans High School and said we need to go forward at looking into options that were discussed including the creation of an Ocoee School Board. Commissioner Anderson advised he received an email from the new newspaper person regarding the process required to try to create a school board, and he will forward it to the rest of the Commission. Mayor Vandergrift read a letter from a resident of the Windstone Page 8 of9 City Commission Regular August 1, 2006 subdivision who urged the City to keep up the fight against the school redistricting. He advised Pine Hills Community Council sent a resolution to the Orange County School Board opposing the move of Evans. He said the School Board budgeted $190,000,000.00 for nine new schools, yet the cost of moving Evans is $85,000,000.00, more than half the cost of nine schools, and there will be no increase in the number of students. There was discussion regarding the School Board's present claim that they will not be moving the district boundaries for Evans School, and moving the schools to increase FCA T scores. I ADJOURNMENT I The meeting was adjourned at 10:25 p.m. APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 90f9