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HomeMy WebLinkAbout01-30-07 Minutes MINUTES OCOEE CITY COMMISSION January 30, 2007, at 6:30 p.m. CITY COMMISSION SPECIAL SESSION I A. CALL TO ORDER Roll Call and Determination of Quorum - City Clerk Eikenberry I B. REGULAR AGENDA 1. Approval for Mayor to Execute DEP Agreement No. S0319, Starke Lake Water Quality Improvement Project Grant Assistance. (Public Works Director Krug) Through the Department of Environmental Protection (DEP) and the Florida Watershed Restoration Act, the City of Ocoee wishes to enter into a Grant Assistance Agreement for the Stark Lake Water Quality Improvement Project. This project includes the construction of a Regional Stormwater Pond to be located on the north side of the City Hall Complex, improvements to the Lakeshore Drive drainage system and shoreline plants on the west bank of Starke Lake. It is requested that the Grant Assistance Agreement be executed before January 31,2007, in order to allow DEP to encumber the fixed capital outlay funding for this project. Commissioner Anderson said past presentations of this project included the roadway south of Lafayette to the area where private property begins. Public Works Director Krug said Phase One (Yellow) Grant Money - North of City Hall Complex including the regional stormwater pond; Phase Two (Orange) Oakland South to Lafayette, performed in house starting next month, redoing drainage at intersection and connecting it with new roadway. Any are SOUTH of that could be added on depending on budgetary issues. Commissioner Anderson. seconded by Commission Hood. moved to approve and execute DEP Aareement No. S0319. Starke lake Water Quality Improvement Proiect Grant Assistance. and addina a "Phase 3" to the plans that would continue the same improvements South of Lafayette to the private property. sometime in the future when funds are available. Motion carried 5-0. 2. Approval for Mayor to Execute DEP Agreement No. 80192, Amendment No.1, Pioneer Key Regional Stormwater Pond Grant Assistance. (Public Works Director Krug) Through the Department of Environmental Protection (DEP) and the Florida Watershed Restoration Act, the City of Ocoee entered into a Grant Assistance Agreement on January 25, 2005, for the Pioneer Key Regional Stormwater Pond north of Palm Drive in District No.3 of Commissioner Johnson. The original Agreement had a two (2) year completion time, however the actual completion schedule incorporated into the Grant Work Plan was for five (5) years to include environmental monitoring. The attached Amendment No. 1 extends the agreement three (3) additional years to January 30,2010, as required to complete the project. The amendment also incorporates the Florida Single Audit Act Requirements in Attachment C-l and Exhibit 1. It is requested that the Amendment No. 1 be executed before January 31, 2007, in order to allow DEP to encumber the funding for this project. Commissioner Keller. seconded by Commission Hood. moved to approve and execute DEP Aareement No. S0192. Amendment No.1. Pioneer Key Reaional Stormwater Pond Grant Assistance. Motion carried 5-0. January 30, 2007 2 3. Emergency Item - Consideration that the City of Ocoee underwrite the expenses of James A. Gustino an attorney to fight the rezoning of any Ocoee High School Students to the Apopka Relief School. (Mayor Vandergrift) Mr. Gustino has requested a $5,000 retainer fee. This would be reimbursed out of an account that has been set up for Friends of Ocoee High School to donate funds. This rezoning not only affects property values of the citizens involved, but the long term values of taxable property that the city will receive in the future. Mayor Vandergrift said he introduced this item in order to get a fair hearing as to the recent actions of the School Board regarding the Apopka Relief School. He said he and the attorney feel that if they got in front of a judge the mistakes of the School Board would be heard in a fair hearing. At this time we are lacking direction and organization. No other funds have been placed in the legal fund (Save Ocoee Schools) except what he put into it at this point. He also stated that developers should be interested in helping to pay because it will affect property values and attractiveness. He is proposing that we front the money for hiring the attorney to possibly be reimbursed in the future. Commissioner Keller said he agrees with the idea of loaning money up front to give Homeowner Associations (HOA's) a chance to do this for themselves. There is no way they would know they only had 10 days to object, and it was difficult to get the information out as quickly as the school board moved. He said he thinks it should be a loan to the HOA's with the intention of getting the money back. He doesn't think the City can file the suit, he believes it needs to be the parent of an affected child. People are just now learning about how this is going to impact them and he feels they will be willing to contribute. He also stated he has no problem with putting the money up front for Mr. Gustino, he has sued the School Board before representing the Olympia parents and won that suit. He felt there are things that would make this a winnable case, including the way they passed it and then "tweaked" the map after the fact, which affected 170 students. Commissioner Keller. seconded by Commission Anderson. moved to pay Attorney James A. Gustino the $5.000 retainer he reauested. with the intention of aettina reimbursed by the Homeowner Associations or by the fund that has been set uP. Discussion followed Commissioner Johnson said he does not know Mr. Gustino and would like to know more about him before retaining him as an attorney; he said we have other projects that may be affected if we are involved in suing the County; and advised that he does not believe the funds will be raised for reimbursement. He said he would like to help the kids stay in the school in any way that we can, but this may not be the best way to do it if the citizens are not participating or contributing. He stated if we are going to go ahead and do this, we should consider $1000 increments and ask them to match the funds. Mayor Vandergrift said that would be a good idea if we had more time, but the attorney needs to be retained right away. Commissioner Keller said he agrees that we should make a clear statement that we are NOT suing the school board as a City, we are just assisting the residents if they feel the need to do it, but the time frame is too short for them to raise the money for the retainer that is needed. Commissioner Hood said he is also concerned about ongoing negotiations with the County, and how this could affect future growth projects. He said he does not feel we will get the January 30, 2007 3 $5000 back, parents and developers who should be involved do not seem to be showing concern. After the discussion, a vote was taken on the motion: Motion carried 3-2. with Commissioner Johnson and Commissioner Hood opposed. City Manager Frank asked for clarification of where the funds should go, and if we should draw up documents with an agreement that funds will be reimbursed. He said if the City made the check out to the attorney, we would be retaining the attorney. Commissioner Keller asked if we can place it in the legal fund that the Mayor created. Mayor Vandergrift said the attorney suggested it be in a HOA name, but they need to locate one who will do it. He said he or Commissioner Keller will work on it tomorrow and give them a name of an HOA where the funds should go. Commissioner Keller said he will work on it tomorrow and we can work on a document so that the first $5000 dollars that gets put into the fund comes back to the City. Debra Booth 917 Bloomington Court, said this is for a very small fraction of the City, and other kids have not been afforded this same opportunity. She said they are setting a precedent for who we are going to fight for, and who we are not. She said she feels they have made a grave mistake, regarding what is truly important. She agrees that the school board should not be moving kids to the relief school, but thinks we should not pick and choose who we fight for unless we are ready to fund a fight for all children with similar circumstances in the future. I ADJOURNMENT The meeting adjourned at 6:57 p.m. Attest: APPROVED: City of Ocoee