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08-04-15 MINUTES August 4,2015 at 1:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER Mayor Grogan 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 City Attorney Cookson. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Mayor Grogan, Commissioner Wilsen, Commissioner Johnson, and Commissioner Keller. B. PRESENTATIONS AND PROCLAMATIONS Appointments of the Mayor and Mayor Pro Tem City Attorney Cookson briefly explained the process for the Special Election due to the recent retirement of Mayor Vandergrift. He advised that City staff is recommending having a Special Election on October 27th with a run-off, if necessary, on November 24th. Additionally, tonight they will need to appoint a new Mayor Pro Tem to serve until the new Mayor is elected. Commission Johnson, seconded by Commissioner Keller, moved to appoint Commissioner Wilsen to serve as Mayor Pro Tem until a new Mayor is elected and sworn in. Motion carried 4-0. City Attorney Cookson further explained the provisions of voting as a four (4) member Commission as it applies to the adopting of ordinances, resolutions, and the adoption of the budget. Mayor Grogan gave a brief announcement expressing his gratitude in being allowed to serve as Mayor. City Attorney Cookson gave a brief overview of the election timeline: ➢ Selection of Special Election date—October 27th with run-off on November 24th ➢ Notice of Election to be posted August 5th with ads running in newspaper of general circulation ➢ Qualifying will be noon, September 4th—noon, September 14th ➢ Resign to run for any Commissioner interested in running for Mayor. Letter of resignation must be submitted by Tuesday, August 25th Commissioner Keller, seconded by Commissioner Johnson, moved to accept the dates as recommended by staff, October 27th for the Special Election and November 24th as the Run-off. Motion carried 4-0. Commissioner Wilsen asked for clarification on the resign to run. Commissioner Johnson said he would like to have a polling location on the south side of town as it was done in the past. City Attorney Cookson advised if they stray away from what was done during the last election, it could open it up for a challenge. Discussion ensued regarding the polling locations. Supervisor of Elections Bill Cowles addressed the commission and advised his suggestion, as mentioned by the City Clerk, which is to stay with the current polling locations for the Special Election, and Regular City Commission August 4,2015 any changes to polling locations should be handled in the future. He further advised when the City piggybacks off the County elections; the City uses the County polling locations, which is why the polling locations were different for the prior election. If they chose to open up any additional polling locations for this Special Election, there will be additional costs. Mayor Grogan said that he feels they should go with the recommendation by Supervisor of Elections Bill Cowles. Commissioner Wilsen, seconded by Commissioner Keller, moved to remain with the two current polling locations at the Ocoee Lakeshore Center and Jim Beech Center for the Special Election. Motion carried 4-0. Presentation from Kristin Kehley of the N.Y.C. Dance Company Kristin Kehley, Owner and Director of N.Y.C. Dance Company, announced they have been in Ocoee for 10 years and appreciates the City recognizing them tonight. Her team recently performed in Branson, Missouri representing Ocoee and came home as National Champions. N.Y.C. Dance Company, for anyone interested, offers recreational, competitive, and non- competitive dance classes. They will be hosting an open house at their Ocoee location on Saturday, August 15th from 1pm-4pm. C. COMMENTS FROM CITIZENS/PUBLIC Paul Vandergrift, 1405 Spring Lake Terrace, said he has six-acres of property that they will be putting on the market for sale; however, would like to offer the City a chance to purchase it first before they put it on the market. It was recently appraised, and he feels it would be a good passive park for the City. The property is located on Ridgefield and Spring Lake Terrace. Mayor Grogan asked that the appraisal be sent to the City Manager. Commissioner Wilsen said she is not in favor of the City purchasing the property and feels that is not a good location for a park. Several of the neighbors in that area have already approached her and said they are not interested in the park or the traffic that comes with a park. D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced that there is one brief change to Item # 5 on the agenda. It states they are seeking approval of additional funds for 2015 ambulance, but it should read "2016" ambulance. The back-up material is correct. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller—None Commissioner Johnson—None Commissioner Wilsen — announced on August 6th at 6:30 p.m. at the Ocoee Lakeshore Center there will be a public meeting regarding the Montgomery Park. Anyone with opinions or concerns is welcome to attend and speak. 21Page Regular City Commission August 4, 2015 Mayor Grogan—None F. CONSENT AGENDA Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the Consent Agenda Items #1 through #12. Motion carried 4-0. 1. Approval of Minutes for the Regular Commission Meeting Held July 21, 2015. (City Clerk Eikenberry) Approved on Consent. Motion carried 4-0. 2. Appointment to the Human Relations Diversity Board. (City Clerk Eikenberry) Members of the Human Relations Diversity Board serve three-year terms. Currently the Human Relations Diversity Board has ten(10)members,and their resolution allows no less than seven(7)members and no more than thirteen(13)members. One(1)application has been submitted to serve on the board;Kathleen Crown, Ed.D.,has expressed interest in serving on the board. Staff recommends that the City Commission consider appointing Dr.Crown to the Human Relations Diversity Board with a term ending May 2018. Approved on Consent. Motion carried 4-0. 3. Approval of Amendment to Irrevocable Standby Letter of Credit for Spring Lake Reserve. (City Engineer Wheeler) The Spring Lake Reserve subdivision is currently under construction building the infrastructure and overall site amenities for a 79 lot single family residential subdivision located on A.D. Mims Road across the street from the Jim Beech Recreation Complex. As part of the platting process the developer is to furnish the City a surety in the amount of 115%of the unconstructed improvements at the time of platting. Mattamy Orlando,LLC attempted to furnish the City with an Irrevocable Standby Letter of Credit for the surety at the time of platting. However, the Letter of Credit did not show up prior to presenting the plat to the City Commission for approval; so Mattamy Orlando, LLC furnished the City with a check in the amount of the surety required. The Letter of Credit was never delivered to the City to replace the check. The check was deposited into a separate account,and the monies will be held until such time as the Certificate of Completion is issued by the City and Mattamy Orlando,LLC furnished the City with the 2-year warranty surety in the amount of 10%of the constructed improvements. Approved on Consent. Motion carried 4-0. Approval of Funding for Street Lighting on SR 50 as part of FDOT's Widening Project from Good Homes Road to the Entrance to the West Oaks Mall. (City Engineer Wheeler) �- �u, The Florida Department of Transportation (FDOT)has completed the widening of the portion of SR 50 from Good Homes Road to the entrance to the West Oaks Mall. FDOT and the City have been working together to have street lights installed along this portion of the road widening project. At the January 6th City Commission meeting funding was approved for this project by advancing the funds from funds budgeted for paving in the Streets Department. Upon completion of the installation of the street lights,the City was to invoice the State for reimbursement of the$120,000 needed to pay Duke Energy Florida,Inc. Although the State will be reimbursing the City for the costs of the street light installation, the City needs to fund the project in the interim. The Finance Department proposes to fund the street light project from designated funds in the Capital Projects fund and Streets Operating budget at this time. Based upon the timing to install the street lights,receive the invoice from Duke Energy,and to invoice the State for the reimbursement, 3IPage Regular City Commission August 4,2015 monies from the State may not be received in this fiscal year. Whenever the reimbursement is received from the State,it will be deposited into the Capital Projects fund. Approved on Consent. Motion carried 4-0. 1'5. Approval of Additional Funds for 2015 Ambulance. (Fire Chief Miller) The approved city budget includes the purchase of an Ambulance,which is in need of an additional$48,915.00 for the purchase, as not to exceed amount of$140,000.00 that was originally approved for financing. The additional amount will come from the following accounts 001-522-00-1200-$32,915.00 and 001-522-00-2200 -$16,000.00.The increase is due to the new Ambulance National Standards requirement. Approved on Consent. Motion carried 4-0. 6. Approval to Transfer $15,000 from 001-516-00-4900 Contingency Account to Education/Incentive Account 001-516-00-1503. (Human Resources Director Williford) The Education/Incentive line item is under General Government, but is administered by the Human Resources Department. It is used to cover the employee's tuition as outlined in the City Personnel Rules & Regulations. The Education Incentive Program has been utilized by employees more than what was anticipated for fiscal year 2014/2015. Due to increased utilization by employees,the $25,000 budgeted for Education/Incentive is almost depleted and will be necessary to transfer money in order to cover this expense through the end of this fiscal year. Approved on Consent. Motion carried 4-0. 7. Approval to Reallocate Existing Capital Budget Funds of $15,000 to Purchase Power and AC Backup Units for the City Hall Server Room at a Total Cost of$11,791.80 and to Make Internal Modifications to Install and Use these Units. (Support Services Director Butler) The FY 2015 Budget established a capital construction project to install a fire suppression system in the City Hall Server Room at a cost of$15,000. This budget level was based on a price quote secured by staff at the time the budget item was proposed. When this project was actually put out for bids,the only offer was at a cost of $32,000 - an amount that cannot be justified given the construction of a backup data center at Police Headquarters that would allow us to recover critical operations and data in case of a fire at City Hall. With the original intent not being feasible, staff seeks to address the next critical need for the City Hall Server Room,which is to provide power backup and a standby air-conditioning unit. During the past year,both power interruptions and one air-conditioner unit failure have occurred,with the result that critical servers lost power or overheated and shut themselves off. The power issue is caused by the Server Room not being completely on generator backup circuits. The existing group of small battery backups (aka, uninterruptible power supply or UPS) is capable of extending operations for only about 30 minutes and not all systems can be accommodated. The power capacity of existing generator-supported circuits is not adequate to support the total power demand, which will only increase as additional storage units are put into operation. The air-conditioning unit in the room is barely adequate to meet existing needs and the room heats up quickly when the AC unit stops running. Approved on Consent. Motion carried 4-0. 8. Approval to Purchase a Dell PowerEdge R430 Server at a Cost of $5,458.21 as a Replacement for the Existing E-mail Server, to Move the Existing Budget to the Appropriate Account, • . . • . • . • _••• • — n the--Fu-tu-re • • • . . + • • •• • .• .• •• • •• • . (Support Services Director Butler) Staff desires to replace the existing server that supports the City's e-mail operating software(Microsoft Outlook Exchange) in order to improve operations and increase reliability. This action was part of the overall plan for equipment replacement during the year, which is typically funded by budget provided in Operating Expense Account No. 001-516-00-5235. However, when the cost of a single item exceeds$5,000, City Purchasing and Accounting Rules require that Capital Account No.001-516-00-6405 be used. Both of these accounts carry the 4IPage Regular City Commission August 4, 2015 same description: "Computer Equipment/Software." ..• . ._..• ' •. __.' • •- -:•••••• . apprevaliffecesses application at the City. It needs the Dell Model R430 server that costs $5,458.21 and is considered to be a capital acquisition. This is in contrast to, for example, the Doll Model R320 server needed by the Police Approved on Consent, excluding stricken language. Motion carried 4-0. 9. Approval of Florida Recreation Development Assistance Program (FRDAP) Grant and Resolution. (Parks and Recreation Director Hayes) This is a request for City Commission approval to submit a grant application to the State of Florida under the Florida Recreation Development Assistance Program (FRDAP) for funding of $50,000 to construct improvements that would include a multiuse ball field for baseball, soccer, softball, and football, playground facilities, picnic facilities, off street parking facility, and related infrastructure for the Montgomery Road Park. The Capital Improvements Program for Fiscal Years 2013-2014 and 2014-2015 has included funding for the development of facilities for the Park. The FRDAP program is administered by the Department of Environmental Protection (DEP) and is a competitive grant program which provides grants to local governments for acquisition and development of land for public outdoor recreation use to a maximum of $200,000. City Attorney Cookson read the title of the resolution. Approved on Consent. Motion carried 4-0. The resolution as adopted carries the following title: RESOLUTION NO.2015-011 A RESOLUTION OF THE CITY OF OCOEE FLORIDA, AUTHORIZING THE SUBMISSION OF A FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR THE 2016-2017 PROGRAM YEAR 10. Approval of Resolution and Railroad Reimbursement Agreement for Municipal Grade Crossing Traffic Control Devices—Sawmill Boulevard. (Public Works Director Krug) This agreement provides for funding from the Federal Highway Administration to the FDOT to install new railroad grade crossing signals on Sawmill Boulevard at the Florida Central Railroad crossing. The purpose of this agreement is to allocate the Federal funds to upgrade existing grade crossing signals to meet current requirements. City Attorney Cookson read the title of the resolution. Approved on Consent. Motion carried 4-0. 5IPage Regular City Commission August 4,2015 The resolution as adopted carries the following title: RESOLUTION NO.2015-012 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A RAILROAD REIMBURSEMENT AGREEMENT - BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR MUNICIPAL GRADE CROSSING TRAFFIC CONTROL DEVICES ON SAWMILL BOULEVARD. 11.Approval of Certification of Non-Ad Valorem Assessment Roll for Solid Waste Inclusion on the Orange County Tax Roll for Fiscal Year 2015/2016. (Public Works Director Krug) The City Commission approved Resolution No. 2006-003 to provide for collection of Solid Waste fees through the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector requires the City to annually certify the non-ad valorem assessment roll by September 15th. The fiscal year 2015/2016 tax roll for Solid Waste calculates revenue to be $3,033,324. This is based upon the residential Solid Waste fee which remains unchanged at $21 per month. This is an increase of$43,596 from the current year and is attributed to annexations and new homes. Approved on Consent. Motion carried 4-0. 12. Approval of Certification of Non-Ad Valorem Assessment Roll for Stormwater Inclusion on the Orange County Tax Roll for Fiscal Year 2015/2016. (Public Works Director Krug) The City Commission approved Resolution No. 2006-003 to provide for collection of stormwater fees through the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector requires the City to annually certify the non-ad valorem assessment roll by September 15th. The fiscal year 2015/2016 tax roll for Stormwater calculates revenue to be$2,791,825. This is an increase of$27,104 from the current year and is attributed to annexations and new homes. The 2015/2016 fiscal year also incorporates the correction and adjustment of impervious area attributed to the auto auction properties. Assessment fees remain the same as the previous year. Approved on Consent. Motion carried 4-0. G. PUBLIC HEARINGS - None H. REGULAR AGENDA 13. Consideration to Waive the Residency Requirement for Reappointment to the Human Relations Diversity Board. (City Clerk Eikenberry) Members of the Human Relations Diversity Board serve three-year terms. Currently the Human Relations Diversity Board has ten(10)members, and their resolution allows no less than seven(7)members and no more than thirteen(13)members. One(1)application has been submitted to serve on the board;Barbara Anne Boudokhane is no longer a resident of Ocoee; however, per the Board's Bylaws, the City Commission can waive the foregoing membership qualifications when the City Commission deems it appropriate. Ms. Boudokhane has expressed an interest in being reappointed to the Human Relations Diversity Board for a term ending May 2018. Staff recommends that the City Commission consider waiving the residency requirement and reappoint Ms. Boudokhane to the Human Relations Diversity Board with a term ending May 2018. 6IPage Regular City Commission August 4,2015 Support Services Director Butler gave a background on the establishment of the Human Relations Diversity Board. He advised that the board currently has two members that are not residents of the City; however, they have business connections which provide material and support for activities. He advised that it is rare to have someone from outside the City on this board unless it is for specific functional purposes rather than just general support. Commissioner Keller shared that he would rather see people from inside the City on the board, specifically from District 1 or 3 since they are lacking representation, before filling the position with an outside resident. Commissioner Wilsen agreed that she would like to see more members from the Districts that are lacking members. City Attorney Cookson advised that an appropriate motion would be not to waive the residency requirement for the service on the board. Commissioner Keller, seconded by Commissioner Wilsen, moved to not waive the residency requirement; and further, not reappoint Ms. Boudokhane to the Human Relations Diversity Board. Commissioner Johnson inquired what happens to the other board members who are not residents of the City. Further discussion ensued regarding the membership of the current outside residents. Commissioner Wilsen advised she is having second thoughts and agrees with Commissioner Johnson that the residency requirements should apply to all the members or not apply at all. Discussion ensued regarding updating specific language within the resolution concerning the intent of the residency waiver. Support Services Director Butler said he could come back with revised language. Commissioner Johnson said he would like to hear from the Board on whether they will or will not back up the waiving of the residency requirement for this particular member. Mayor Grogan inquired if they could hold off on this item until the next commission meeting and have a member from the Human Relations Diversity Board (HRDB) come before them. Support Services Director Butler advised the next HRDB meeting is Thursday where he will discuss this with them. Motion failed 2-2 with Commissioner Johnson and Commissioner Wilsen opposing. Mayor Grogan directed Support Services Director Butler to bring back revised language and recommendations from the Board. I. STAFF ACTION ITEMS J. COMMENTS FROM COMMISSIONERS Commissioner!Wilsen — reminder that August 6th at 6:30 p.m. at the Ocoee Lakeshore Center there will be a public meeting regarding the Montgomery Park. Commissioner Johnson said before any final decisions are made on the park he would like to have suggestions brought forward to the Commission. Parks and Recreation Director Hayes explained that it will be a neighborhood park and there is a conceptual plan in their packet. Commissioner Wilsen shared that this is part of the Florida Recreation Development Assistance Program (FRDAP) Grant and the Parks and Recreation Advisory Board has reviewed everything and is in favor of it. Parks 7IPage Regular City Commission August 4,2015 and Recreation Director Hayes briefly explained the steps required in order to receive the FRDP grant. Commissioner Keller—Congratulated Mayor Grogan on his first meeting. Mayor Grogan — announced the Budget Workshops are August 12th and 19th at 6:00 p.m. and Budget Hearings are September 9th and 21st also at 6:00 p.m. ADJOURNMENT Meeting adjourned at 8:11 p.m. APPROVED: Attest: City of Ocoee L�a► _..—.1 ■fig.. — _ Be= 'ikenberry, City Cler ig 01 r ' Wage