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12-01-15 MINUTES December 1, 2015 at 7:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER ♦7:25 PM Mayor Johnson called the regular session to order at 7:25 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 Commissioner Wilsen. Deputy City Clerk Sibbitt called roll and declared a quorum present. Roll Call: Mayor Johnson, Commissioner Wilsen, Commissioner Keller. Absent: Commissioner Grogan. B. PRESENTATIONS AND PROCLAMATIONS -None C. COMMENTS FROM CITIZENS/PUBLIC -None D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank discussed the revised Consent Agenda Item 10, which was amended; Approval of 2015/2016 Budget Vehicle/Equipment Purchase (Public Works Director Krug). E. COMMISSIONERS ANNOUNCEMENTS ♦7:28 PM Commissioner Wilsen - announced the Christmas Parade this Saturday at 10:00, and the Holiday Tree Lighting event at the Historic Withers Maguire House from 5:00 to 8:00. City Manager Frank- inquired of City Attorney Cookson to brief the Board on the selection of the vacant Commissioner District 3 seat. City Attorney Cookson advised that Commissioner Grogan is currently Pro Tern, and he discussed appointing a new commissioner for District 3, which is required within 30 days pursuant to the terms of the Charter. Mayor Johnson announced that the appointment of a commissioner for District 3 will be taking place during the December 15th City Commission meeting. City Manager Frank advised that a special meeting can take place if needed. Mayor Johnson -Deferred his announcements for the end of the meeting. Commissioner Keller- Reiterated the Christmas Parade and Holiday Tree Lighting. F. CONSENT AGENDA *7:31 PM Consent Agenda Motion Commissioner Wilsen inquired if City Planner Rumer can explain the McCormick Reserve Phase 1 Development for the Board and the residents. City Planner Rumer explained the McCormick Reserve Phase 1 Development, which is Consent Agenda Item 9, and the development of Clarke Road. Motion: Move to adopt the Consent Agenda as presented by staff. Moved by Commissioner Keller, seconded by Commissioner Wilsen; Motion carried unanimously. Regular City Commission December 1, 2015 1. Approval of Minutes for the Regular Commission Meeting held November 17, 2015. (City Clerk Eikenberry) Approved on Consent. Motion carried 3-0. 2. Approval of New Appointment to the Human Relations Diversity Board (3-year terms). (City Clerk Eikenberry) Members of the Human Relations Diversity Board serve three-year terms. Currently the Human Relations Diversity Board has nine(9)members, and their resolution allows no less than seven(7)members and no more than thirteen (13) members. An application has been received by Paul Hershaw, who has shown an interest in being appointed to the Human Relations Diversity Board for a term ending May 2018. Approved on Consent. Motion carried 3-0. 3. Approval of New Appointment to the Planning & Zoning Commission (3-year terms). (City Clerk Eikenberry) 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. Currently,the board has(8)members and there is one(1)application on file for this board. Amanda Arroyo has expressed her interest in serving on the Planning & Zoning Commission. Approved on Consent. Motion carried 3-0. 4. Approval of Settlement Agreement for past due Development Review Fees. (City Attorney Cookson) In conjunction with the City's review of Project LS-07-017 for Hampton Inn (Parcel 30-22-28-9172-04-000), KAPS Hospitality, LLC (KAPS), incurred development review fees in the amount of $2,322.72. The fees remain outstanding and, as part of the City's collection efforts, on October 8, 2015, the City Attorney's office sent a letter to KAPS requesting payment. KAPS responded to the City Attorney's letter by requesting fees be waived or significantly reduced due to fmancial hardship of KAPS. KAPS and the City Attorney's office ultimately agreed to present a settlement to the City Commission in the amount of 50% of the balance due. A standard settlement agreement was drafted by the City Attorney's office, signed by KAPS, and submitted to the City of Ocoee with a check in the amount of$1,166.36. Approved on Consent. Motion carried 3-0. 5. Appointment of Robert McKey as the City Representative to Metroplan's Community Advisory Committee. (Assistant City Manager Shadrix) Staff recently received notice from Metroplan Orlando that the duties of the Bicycle and Pedestrian Advisory Committee (BPAC) will now be merged into the duties of its Community Advisory Committee. Metroplan recommends that one of the City's appointed representatives be someone with bicycle and pedestrian experience and further commends Robert McKey, who has served on the BPAC for 14 years as an Ocoee representative. In continued support of bicycle and pedestrian initiatives of Metroplan Orlando, it is recommended that the City Commission appoint Robert McKey to the Community Advisory Committee. Approved on Consent. Motion carried 3-0. 6. Approval of the Three-year Collective Bargaining Agreement between the City of Ocoee and the City of Ocoee Professional Firefighters Union, I.A.F.F. Local 3623. (Assistant City Manager Shadrix) This Collective Bargaining Agreement governs the terms and conditions of employment for Fire Department Employees covered under the IAFF Union. The previous Collective Bargaining Agreement with the IAFF ended September 30,2014. Approved on Consent. Motion carried 3-0. 2 IPage Regular City Commission December 1, 2015 7. Approval of Year End Budget Adjustments for FY 2015. (Assistant City Manager Shadrix) As is standard annually,the City is required to reconcile its budget at the close of each year. Expenses for two general fund programs exceeded the budgeted amount for fiscal year 2015, collectively totaling $76,000. The legal fund for the City's police department exceeded the budgeted amount by$1,000, and the employee health clinic exceeded its budgeted amount by$75,000. The additional expenses for police were due to several legal research issues throughout the year, including the Click to Enter program and other larger issues such as red light camera policy tracking. The employee health clinic continues to save the City dollars by offering quality fixed-rate medical care at a fraction of the cost of a fully-insured plan and the rising costs of the ever-changing healthcare industry. During the last half of calendar year 2015,the healthcare clinic began to operate at over 100%of capacity. Due to this fact the City was routinely receiving complaints from employees that they were not able to schedule an appointment in a timely manner.This issue resulted in employees going to private physicians,a walk-in facility or the emergency room. Because the City is self-insured,these costs were being paid for as a reimbursement in claims.Based upon these factors,the decision was made to add additional hours as well as additional doctors to deal with the demand placed upon the clinic. These additional costs are included in this adjustment and have reduced the need of employees to seek healthcare services outside,which in turn saves the City money. Approved on Consent. Motion carried 3-0. 8. Approval of Intent to Annex for Water Service for Ngoc Do at 430 Whittier Avenue. (City Engineer Wheeler) Mr. Do lives on the property which is located at 430 Whittier Avenue and has approached the City for utility service. The property was platted as a part of the Hillcrest Heights subdivision and has one single-family residence on the property.The property is currently within unincorporated Orange County and is not contiguous to the City Limits. However, the property is inside the City's JPA boundary, water and sewer territorial boundary and city limits. Sanitary sewer service from the City is not available at this time;therefore,this is just an Intent to Annex for water service. There is a 4" water main along the west side of Whittier Avenue that could be tapped for the water service to the property.There are no sewer facilities in the area to even consider sanitary sewer service. There is available capacity in the potable water system for this additional residence. The City's requirement about annexation/intent to annex to be able to provide service and the differences between resident service and non-resident service were discussed with Mr.Do. The City's fee requirements for an Intent to Annex application approval were provided to Mr. Do. Upon annexation, the utility rates would reduce to city resident charges. Also, should the property become contiguous to the city limits and Mr. Do or the current property owners decide to not proceed with the annexation of the properties,the City has the right to discontinue service until such time as annexation is completed. The Development Review Committee approved the Intent to Annex for the property located at 430 Whittier Avenue at a meeting held on November 23,2015. Approved on Consent. Motion carried 3-0. 9. Approval of McCormick Reserve Phase 1 Plat and Developers and Homeowners Association Agreement for Upgraded Street Lights Approval. (City Engineer Wheeler) This plat is for Phase 1 of the McCormick Reserve subdivision. The McCormick Reserve subdivision is located on the south side of McCormick Road and west of Clarke Road. The overall subdivision contains 134 single- family residential lots on approximately 45.09 acres of land. The Phase 1 portion of the development comprises 66 of those lots on approximately 30.95 acres of land.The Phase 1 area includes land being dedicated to the City for the Clarke Road extension to the south and some land that is being dedicated to the City as wetlands and flood plain. T-3 Ocoee, LLC, has chosen to install upgraded street lights in Phase 1 of the development and has pre-paid Duke Energy Florida, Inc., the capital installation cost. T-3 Ocoee, LLC, has executed the City of Ocoee's Developers and Homeowners Association Agreement for Upgraded Street Lights for the entire subdivision.The subdivision is not planned to be gated;therefore,the Traffic Enforcement Agreement was not necessary. Approved on Consent. Motion carried 3-0. 3 ( Page Regular City Commission December 1, 2015 10. Approval of 2015/2016 Budget Vehicle/Equipment Purchase. (Public Works Director Krug) The City traditionally purchases vehicles and equipment through bids from the Florida Sheriffs Association's annual contract. Public Works has researched pricing throughout the State and has found the Florida Sheriffs Association continues to provide the lowest competitively bid pricing for vehicles. The City is also using a Florida State Contract for Construction, Industrial, Agricultural& Lawn Equipment for the Parks Division turf sprayer.The following vehicles and equipment are incorporated in the approved budget for purchase: • 2—Ford Transit Connect Vans,$23,939.00=$47,878.00(Police—Replacement). • 2—Dodge Chargers,$29,195.50=$58,391.00(Police—New). • 1 —Ford Fusion Admin Vehicle,$17,433.00(Parks&Recreation-New). • 1 —Ford Fusion Admin Vehicle,$17,433.00(Support Services-Replacement). • 1 —Ford Fusion Admin Vehicle,$17,433.00(Fleet-City Hall Pool-Replacement). • 1 —Knapheide Truck Flat Bed,$7,020.52(Fleet Maintenance—Replacement). • 1 —Miller Welder,$8,729.56(Fleet Maintenance—Replacement). • 1 —Ford 4x2 F-150 Short Bed Pickup,$18,965.00(Support Services—Replacement). • 1—Ford 4x2 F-350 Utility Service Box,$29,720.95 (Utilities Water/Waste Water Field Ops.- Replacement). • 1 —Ford 4x4 F-150 Short Bed Pickup,$22,802.00(Stormwater-New). • 1—Kaiser S2 Gator Hydraulic Swamp Excavator,$360,036.00(Stormwater-Replacement). • 1—Ford 4x4 F-150 Short Bed Pickup,$21,434.00(Engineering-Replacement). • 1 —John Deere Z930M Front Mower,$21,820.00(Streets—Replacement). Public Works recommends approval to purchase the above vehicles from the Florida Sheriffs Association annual contract based on the 2015/2016 published pricing and Florida State Contract#760-000-10-1. The costs of the vans have increased above the amounts anticipated in the budget, which require budget transfers for the increases.Vehicles and equipment that are being replaced will be declared surplus and auctioned. Approved on Consent. Motion carried 3-0. G. PUBLIC HEARINGS - None H. REGULAR AGENDA- None I. STAFF ACTION ITEMS-None J. COMMENTS FROM COMMISSIONERS ♦7:34 PM Commissioner Keller — Announced this Saturday is the Christmas Parade at 10:00 and the Holiday Tree Lighting from 5:00— 8:00. Commissioner Wilsen —Advised she would like to speak to any residents in District 3 who are interested in sitting as commissioner. Mayor Johnson —Announced that it is a honor and pleasure for him to be the Mayor of Ocoee. He discussed he wants the City of Ocoee to be a city all in one; to bring the residents and City together, which would entail creating a citizens' committee. He feels this is a town divided by north, south, east and west, and he would like to unify the city and bring it all together. He read a letter to the citizens of Ocoee. He announced the next election is March 15, 2016, for Mayor and two Commissioners for District 1 and District 3 and asked the community to get registered and vote. 4IPage Regular City Commission December 1,2015 ADJOURNMENT ♦7:42 PM APPROVED: Attest: City of Ocoee LA' 4 t Melanie Ib s itt, Deputy City Clerk Rusty Joh -on, Mayor 5IPage