HomeMy WebLinkAboutIII(A) Approval And Acceptance Of Minutes Of City Commission Regular Meeting Of April 18, 2000, Special Session Of April 18, 2000, And Canvassing Board Meeting Of April 12,2000 ri L� j- 7 ;.Agenda 5-02-2000
i Item III A
MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION HELD
APRIL 18,2000
CALL TO ORDER
Mayor Vandergrift called the Special Session to order at 6:45 p.m. in the Commission
Chambers and announced that Special Counsel had previously requested a closed session
with the City Commission to discuss litigation and the air quality issue at City Hall and
Police buildings in the case described by the Special Counsel, i.e., City of Ocoee vs. C.T.
Hsu & Associates, P.A., Huber Design and Construction, Inc., and Great American
Insurance Company. He advised that the persons who will be attending the closed
session are Mayor Vandergrift, Commissioner Anderson, Commissioner Howell,
Commissioner Johnson, Commissioner Parker, City Manager Ellis Shapiro, Special
Counsel Stephen M. Bull, Special Counsel Mario Romero, the Court Reporter, and no
others; and it was estimated that the closed attorney-client session would last one-half
hour. He said further that following the conclusion of the attorney-client session, the
meeting will be reopened in order to announce the termination of the closed session and
take such other action as the City Commission may deem appropriate.
The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson (arrived at
6:50 p.m.), and Parker. Also present were City Manager Shapiro, Special Counsel Bull,
Special Counsel Romero, and Court Reporter Liz Speer. City Clerk Grafton was present
only for the opening and closing of the meeting.
ABSENT: None
Those listed above retired to the Chambers Conference Room for the closed discussion.
RECONVENE PUBLIC MEETING FOR ACTION ON ABOVE ISSUES
Upon their return to the Chambers at 7:10 p.m., Mayor Vandergrift reopened the Special
Meeting and asked for the pleasure of the Commission.
Commissioner Anderson, seconded by Commissioner Parker, moved to declare a
public emergency so as to avoid unnecessary delay in competitive bidding requirements
in order to accommodate the legitimate concerns of the City employees of having a safe
environment in which to work. Motion carried 5-0.
Commissioner Anderson, seconded by Commissioner Parker, moved to enter into a
contract with Cross Construction Company to perform the cleaning and remediation work
in accordance with the specifications prepared by CH2M Hill, Inc. on both the City Hall
and the Police Department buildings. Motion carried 5-0.
Ocoee City Commission Special Session l�U
April 18, 2000
Commissioner Anderson, seconded by Commissioner Parker, moved to transfer
$150,000 from the Transportation Impact Fee Fund to the General Fund to provide for
this work with the understanding that the money will be repaid plus interest. Motion
carried 5-0.
ADJOURNMENT.
The meeting adjourned at 7:13 p.m.
APPROVED:
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
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Agenda 5-02-2000
Item III A
MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD
APRIL 18, 2000
At 7:14 P.M., Commissioner Anderson, who was elected for a three-year term in the
April 12 run-off, was sworn in by City Clerk Grafton.
CALL TO ORDER
Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission
Chambers. Pastor Travis Simpson, Victory Baptist Church & Christian Academy, led in
prayer and Commissioner Parker led in the Pledge of Allegiance to the Flag. The roll was
called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker.
Also present were City Manager Shapiro, City Attorney Rosenthal, Public Works Director
Smith, Building/Zoning Official Velie, Senior Planner McGinnis, City Engineer/Utilities
Director Shira, Recreation Director Nordquist, Community Relations/Projects Director Shira,
Secretary to City Manager Lewis, City Clerk Grafton, and Assistant City Attorney Doty.
PRESENTATIONS:
LAKE APOPKA PLANNING INITIATIVE (LAPI) - CHRIS BOWLEY, CANIN AND ASSOCIATES.
Mr. Chris Bowley, Catlin and Associates, gave a power point presentation outlining the long
range planning for the restoration of Lake Apopka and asked for the City's support in this
endeavor.
BUILDING SAFETY WEEK POSTER CONTEST AWARDS. (ASSISTANT BUILDING/ZONING OFFICIAL
WASHINGTON)
Assistant Building/Zoning Official Washington announced that, after presenting a videotape
of the Building Code and Code Enforcement to the K-5 art classes of Ocoee Elementary and
Spring Lake Elementary Schools, he had conducted a contest among the students. He said
that he was impressed with their comprehension of the material and the insight shown in the
posters. After recognizing Mrs. Ingram of Ocoee Elementary and Mrs. Voorhees of Spring
Lake Elementary Kindergarten, Mr. Washington displayed the posters in a power point
presentation as he read the names of the first, second and third place winners in each class.
The Commissioners took turns presenting the trophies.
RECESS 7:43 P.M. - 7:55 P.M.
Non-Agenda Item
Scoutmaster Bill Goslin presented an award to Mayor Vandergrift in appreciation for his
recent assistance in increasing the size and effectiveness of a recent fund raising luncheon for
scout leaders. They had expected 40 attendees and had a goal of $10,000. Due to Mayor
Vandergrift's leadership there were 92 attendees who raised $17,000.
Regular Meeting
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Ocoee City Commissionegula g J
April 18, 2000
AUTHORIZATION FOR MAYOR AND CITY CLERK TO SIGN MVP AWARD AGREEMENTS AND
AWARDING OF GRANTS FOR YEAR 2000 MVP - NEIGHBORHOOD MATCHING GRANT AWARDS.
(COMMUNITY RELATIONS/PROJECTS DIRECTOR SHIRA)
Mayor Vandergrift announced that, due to the number of citizens present for the MVP
Award Agreements, that item would be taken out of agenda order to be considered at this
time.
Secretary to the City Manager Judie Lewis presented the staff report for Community
Relations/Projects Director Shira and, following the motion to approve the staff
recommendation, Mrs. Lewis called each Home. Owner Association representative to come
forward to receive a check for the approved amount.
Mayor Vandergrift, seconded by Commissioner Parker, moved to approve the staff
recommendation and authorize the Mayor and City Clerk to execute the award agreements.
Motion carried 5-0.
CONSENT AGENDA
The consent agenda consisted of items A, B, and C.
Commissioner Anderson, seconded by Commissioner Johnson, moved to approve the
consent agenda as presented. Motion carried 5-0.
A. Approval and Acceptance of Minutes of City Commission Regular Meeting of April 4,
2000.(CITY CLERK GRAFTON)
B. Approval and authorization to temporarily close Sandy Beach Drive, a public street.
(BUILDING/ZONING OFFICIAL VELIE)
• This request for the closing of Sandy Beach Drive is for the purpose of a block party on April 22, 2000 from
8:00 a.m. until 11:00 p.m. Approval is subject to the following requirements: 1) Road blocking must be
done with proper barricades; 2) An emergency lane must be maintained during the time the event has the
street blocked; and 3) All residents that will be affected by the road blockage must be notified in advance.
C. Approval and authorization to temporarily close Oakland Avenue, a public street.
(BUILDING/ZONING OFFICIAL VELIE)
• This request for the closing of Oakland Avenue is for the purpose of conducting an Arts and Crafts Festival
on April 29, 2000 from 9:00 a.m. until 3:00 p.m. The road will be closed from 6:00 a.m. until 9:00 a.m.
Approval is subject to the following requirements: 1) Road blocking must be done with proper barricades; 2)
An emergency lane must be maintained during the time the event has the street blocked; and 3) All residents
that will be affected by the road blockage must be notified in advance.
COMMENTS FROM CITIZENS/PUBLIC
Citizen Rosemary Wilsen, 1019 Shady Maple Avenue, asked _for clarification regarding
comments regarding the railroad crossing at the recreation center on page 7 of the minutes of
the April 4 meeting. City Manager Shapiro reiterated that the crossing was approved for the
sewer plant but not for access to a public building and that the railroad company has not yet
decided what they will do or what they will require the City to do.
A telephone message from Fred Wilsen, 1019 Shady Maple Avenue, expressing his opinion
that the improvements to Starke Lake should take precedence over consideration for Lake
Apopka, was read into the record.
Page 2 of 7
Ocoee City Commission Regular Meeting
April 18, 2000 EA
COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Parker:
1) Congratulated Commissioner Anderson for his reelection.
2) Announced the RSVP number 407-656-2218.
Commissioner Johnson: No announcements at this time.
Commissioner Anderson:
1) Introduced his father in the back of the room.
2) Expressed appreciation for Scott Joseph's article about Jason's Restaurant in the Sunday
Florida Magazine.
Commissioner Howell announced the Easter Egg Hunt at Vignetti Park 9:00 a.m. Saturday.
Mayor Vandergrift:
1) Announced the Sunrise Service at the Gazebo Sunday, April 23.
2) Announced the Arts and Crafts Festival at the Withers-Maguire House April 29.
3) Announced the Ocoee High School reunion planning meeting at Beech Recreation Center at
7:30 p.m. Thursday, April 20.
PUBLIC HEARINGS - None scheduled
OTHER BUSINESS
FIRST READING OF ORDINANCE No. 2000-18, REPEALING ORDINANCE 784 - DAMAGE
REWARD BOARD. SECOND READING AND PUBLIC HEARING ARE SCHEDULED FOR MAY 2,
2000. (CITY ATTORNEY ROSENTHAL)
City Attorney Rosenthal read the title only of Ordinance No. 2000-18. Mayor Vandergrift
announced the second reading and public hearing were scheduled for May 2, 2000 at 7:15 p.m.
SELECTION OF MASTER PLANNING CONSULTANT FOR THE LAKEFRONT AND MUNICIPAL
COMPLEX- RFQ #0003. (MAYOR VANDERGRIFT/PLANNING DIRECTOR WAGNER)
Senior Planner McGinnis presented the staff report, advising that the selection committee had
reviewed the proposals submitted and interviewed the top three consultant teams. The
committee had unanimously chosen Spillis Candela DMJM to recommend. Richard Foley,
vice president with Spillis Candela DMJM, and Ginger Corless, with the landscape architect,
were present in the audience and introduced themselves.
Mayor Vandergrift, seconded by Commissioner Howell, moved to approve the selection of
Spillis Candela DMJM and direct staff to enter into contract negotiations for Master Planning
Services for the Lakefront Master Plan and other community improvement projects as
approved by the City Commission. Motion carried 5-0.
Page 3 of 7
Ocoee City Commission Regular Meeting ,f - t7�
April 18, 2000
APPROVE THE SITE PLAN FOR THE BEECH MULTI-PURPOSE RECREATION FACILITY FAMILY
AQUATIC CENTER. (RECREATION DIRECTOR NORDQUIST)
Recreation Director Nordquist introduced George Borelli, Borelli & Associates, and advised
that there was a slight change in the cost estimate. Mr. Borelli gave a power point presentation
showing the highlights of the project and said the changes in the cost estimate included savings
equaling several thousand dollars. He added, however, that there were several alternate options
that had not been included in the budget that Commission may wish to consider: pool deck
lighting - $20,00; pool heater (gas) - $10,000; upgrade filtration- $20,000.
After discussion regarding liability, cost of upkeep and operation, Mr. Nordquist was requested
to prepare a proposed yearly budget for the pool.
Recreation Board Member Mary Barber addressed Commission regarding the plans and the
importance of having an opportunity to train children how to swim.
Recreation Board Member Ray DeWeese asked.Mr. Shapiro about the time table for the use of
the funds.
Later in the meeting a telephone message from Bob and Carol Vereb, 1500 Prairie Lake
Boulevard, suggesting that a possible way to offset some of the costs of the swimming pool
would be a concession stand, was read into the record.
Commissioner Parker, seconded by Commissioner Johnson, moved to approve the schematic
site plan for the Family Aquatic Center. Motion carried 5-0.
MAGUIRE ROAD WIDENING PROJECT: PROPOSED SETTLEMENT WITH ORANGE COUNTY
CRUISERS(PARCEL 105). (CITY ATTORNEY ROSENTHAL,ASSISTANT CITY ATTORNEY DOTY)
Assistant City Attorney Doty gave the staff report, explaining the difference between the two
appraisals and the advisability of approving the settlement for various reasons.
Mayor Vandergrift, seconded by Commissioner Parker, moved to approve the settlement of
the eminent domain litigation for Parcel 105, formerly owned by Orange County Cruisers, by
payment of the following amounts: $230,000.00 to Orange County Cruisers (with credit given
for the $190,000.00 previously deposited with the Court); $13,200.00 to Charles Stratton,
Esq.; $9,500.00 to Pierson Appraisal Group; $156.25 to Mid-Florida Construction
Consultants, Inc.; $10,000.00 to the Laughner Group, Inc. and authorize the City Attorney to
execute a final judgment for these amounts. Motion carried 4-1 with Commissioner Anderson
voting no.
DESIGN FEE PROPOSAL- PHASE 1 & 2 - RECLAIMED WATER SYSTEM. (CITY ENGINEER SHIRA)
City Engineer/Utilities Director Shira gave the staff report, explaining the background of the
agreement with PEC and the circumstances that caused an expansion of the project scope and
the resulting increase in the amount due to PEC. He advised that the funding for the design of
these improvements comes from the proceeds of the 1997 Utility Bond Issue.
Page 4 of 7
Ocoee City Commission Regular Meeting
�� U L�
April 18, 2000
Commissioner Anderson, seconded by Commissioner Parker, moved to authorize the
payment to PEC the amount of $99,798.10 for additional design services in accordance with
the terms of the original design service approval of June 3, 1997. Motion carried 4-0.
(Commissioner Howell was away from the dais.)
WATER USAGE ANALYSIS- PROPOSAL FROM BURTON & ASSOCIATES. (CITY ENGINEER SHIRA)
City Engineer/Utilities Director Shira gave the staff report, advising that Mr. Burton's
analysis would provide information about actual water consumption patterns in the City which
would be used to help determine appropriate water and reclaimed water rates.
Commissioner Johnson, seconded by Commissioner Anderson, moved to authorize Burton
& Associates to proceed with the work outlined in their proposal dated March 7, 2000 for a
not-to-exceed fee of $14,020.00, and authorize the transfer of $14,020.00 from Wastewater
Reserve for Contingency to the appropriate operating account. Motion carried 4-0.
(Commissioner Howell was away from the dais.)
APPROVAL OF EMERGENCY PURCHASE ORDER WITH GEORGETOWN ENTERPRISES FOR
REPAIRS TO SANITARY SEWER ON ENTERPRISE STREET. (ASSISTANT CITY ENGINEER WHEELER)
City Engineer/Utilities Director Shira gave the staff report in Mr. Wheeler's absence and
advised the problem has been taken care of.
Commissioner Anderson, seconded by Commissioner Parker. moved to approve the action
of the City Manager in awarding the Emergency Purchase Order to Georgetown Enterprises,
Inc. in the amount of$18,622.12. Motion carried 5-0.
AUTHORIZATION TO PURCHASE FRONT END LOADER. (PUBLIC WORKS DIRECTOR SMITH)
Public Works Director Smith presented the staff report requesting approval for the purchase
of an R50 Case 621C Wheel Loader with additional equipment for a cost of $89,076.00. He
pointed out that there were three quotes included in the staff report, with Coastline Equipment
submitting the lowest total price. He advised that it would be possible to piggy back on the
Florida Department of Management Services contract#760-001-99-1.
Commissioner Howell, seconded by Commissioner Parker, moved to approve the purchase
of an R50 Case 621C Wheel Loader as requested, authorize staff to secure financing for the
front end loader and authorize the Mayor and City Clerk to execute the lease documents.
Motion carried 5-0.
DISPOSITION OF SURPLUS PROPERTY- 703 CALIFORNIA AVENUE. (CITY MANAGER SHAPIRO)
City Manager Shapiro advised that this parcel had been declared surplus property in 1996 and
he had been approached recently by a prospective buyer. He explained that the options were to
1) authorize an appraisal and then go out to bid in order to proceed with a sale; 2) transfer the
ownership from the Utilities Department to the General Fund by transferring the funds
appropriately; and 3) do nothing.
Page 5 of 7
Ocoee City Commission Regular Meeting .--,
April 18, 2000 \�(\ L u
Mayor Vandergrift, seconded by Commissioner Howell, moved to take the parcel off the
surplus list and to look at it as a possible park site. Motion carried 5-0.
DISCUSSION RE: CLEANNET. (PUBLIC WORKS DIRECTOR SMITH)
Public Works Director Smith advised that the cleanliness of the buildings has dramatically
improved due mainly to Mr. Amstutz's efforts. Mr. Smith recommended giving Cleannet 60-
90 additional days to give Mr. Amstutz an opportunity to get the crew trained to his standards.
Without objection, Mayor Vandergrift directed Mr. Smith to monitor Cleannet's performance
and said, if performance has sufficiently improved, it would not be necessary to return before
Commission.
STAFF REPORTS
There were no staff reports at this time.
COMMENTS FROM COMMISSIONERS
COMMISSIONER PARKER: No comments at this time.
COMMISSIONER ANDERSON:
1) Said the last budget included monies for sidewalks and he has seen a lot of sidewalks that
are in need of repair. Mr. Smith advised that the Commission had taken some of his
sidewalk repair money and used it for dependent coverage last year.
2) Expressed concerns regarding the traffic situation on SR 50 and the potential adverse
impact resulting from the approval of new projects on SR 50.
3) Thanked the Mayor and Commission and voters for their support in the recent election.
COMMISSIONER HOWELL: No comments at this time.
COMMISSIONER JOHNSON:
1) Asked Public Works Director Smith about the price for the lights around the lake and said
to ask Winter Garden about the cost of theirs while he was getting quotes.
2) Noted that the sidewalk next to the lake was torn up and needs to be replaced. Said he
would like to see a couple of rows of pavers used about every ten feet when the sidewalk is
reconstructed. Public Works Director Smith advised he was waiting for the Fish and
Game Commission to do the pier before he started on the sidewalk. City Manager
Shapiro said they would not be doing the pier until October or November because they had
waited too long to get it authorized and use the SNAPS contract.
3) Asked when the restrictions regarding jet skis would be enforced. Mr. Shapiro and Mr.
Smith talked about the erosion problem caused by the boats.
Mayor Vandergrift asked that a sand beach be poured where the growth had been removed
along the Starke Lake front area. Commissioner Johnson, seconded by Commissioner
Parker, moved to authorize using up to $5,000 from Contingency Fund to put sand along
Page 6 of 7
Ocoee City Commission Regular Meeting
April 18, 2000 U di (j�a
Starke Lake front area, to proceed if the cost is $5,000 or less and to come back before
Commission at the next meeting if the cost is more. Motion carried 5-0.
4) Noticed that the sidewalk is out on Bluford Avenue between Lafayette and Magnolia. Mr.
Smith said that was the result of a truck taking out part of a water line and they would take
care of it as soon as Utilities Department is finished with their work at that site.
5) Asked that a letter from this Commission be sent to Orange County regarding the unsightly
mess at U Haul. After discussion about just what to do, Commissioner Anderson,
seconded by Commissioner Johnson, moved to erect a sign saying "This is Not in the City
of Ocoee." No vote was taken on this, because the following motion to adopt a resolution
was made immediately and City Manager Shapiro advised that he could move forward
with the sign without a motion since agreement was reached without objection and the cost
was negligible.
Commissioner Johnson, seconded by Mayor Vandergrift, moved to adopt a resolution on
this matter. Motion carried 5-0.
Commissioner Parker added that the access to SunTrust also is indescribably awkward. City
Manager Shapiro advised that this is a transition stage for that parcel and that as it is
completed it will be less so. Mayor Vandergrift appointed Commissioner Parker a committee
of one to tend to it.
6) Asked about the progress on the fountain in the cove. Mr. Smith advised that he had
inherited a folder on fountains from Richard Corwin and, because the information was
three years old, he had readdressed the vendors listed and asked for a new quote. After
further discussion, he was directed to get prices for both fountains and aerators.
MAYOR VANDERGRIFT:
1) Said that Willis McBride, a West Orange High School teacher, had brought back a tool box
for building character within the city from the international mayors' conference and he
volunteered Commissioner Anderson to review it to see if there is information that could be
put to use.
2) Announced that he had finished the Leadership Florida course.
3) Noted that the railroad track on McKey Street needs repair.
ADJOURNMENT
The meeting adjourned at 10:17 p.m.
APPROVED:
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift. Mayor
Page 7 of 7
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.A:� '+►,y Agenda 5-02-2000
Item III A
Subject to Board - - - -
Approval
MINUTES OF THE CITY OF OCOEE CANVASSING BOARD MEETING HELD
APRIL 12, 2000
CALL TO ORDER
Mayor Vandergrift called the Canvassing Board to order at 12:08 p.m. in the Commission
Chambers Conference Room. The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioner Johnson and Commissioner Parker. Also
present were Assistant City Attorney Cookson, City Clerk Grafton, and Deputy City Clerk
Green.
Also attending were Commissioner Anderson and Candidate Martha Lopez-Anderson.
ABSENT: Commissioner Howell.
City Clerk Grafton announced the tabulator results from the Runoff Election for Commissioner,
District 2 held on April 11 as follows:
Scott Anderson 389
Martha Lopez-Anderson 178
Not counted 0
Undervotes 0
Overvotes 0
Mrs. Grafton said the books had closed for voter registration for this election on March 13,
2000, and noted there were 2,961 total registered voters in Ocoee District 2 as of April 11, 2000.
Mrs. Grafton reported that 126 absentee ballots had been requested and 92 absentee ballots had
been returned. She read a re-cap of criteria to be used in reviewing absentee ballots. She said the
Elections Office verified all the signatures and had found 86 of the 92 ballots to be acceptable.
Six absentee ballots were found unacceptable as follows:
2 -no signature
1 - no witness
2 - incomplete witness
1 - signature did not match with that on file in the Elections Office.
Commissioner Parker, seconded by Commissioner Johnson, moved to accept the decision of
the Supervisor of Elections office on the rejected ballots. Motion carried 3-0.
Attorney Cookson verified there were 86 ballots to be opened. All members removed the
ballots from the mailing envelopes. Then all members removed the ballots from the secrecy
envelopes and sorted and counted them by candidate.
Ocoee Canvassing Board DRAFT
April 12,2000 Subject to Board
Approval
City Clerk Grafton read the results of the absentee ballot count and gave the totals of both
counts as follows:
Tabulator Count Absentee Ballot Count Total
Scott Anderson 389 32 421
Martha Lopez-Anderson 178 54 232
Total 567 86 653
Commissioner Parker, seconded by Mayor Vandergrift, moved to certify the election results
for Commissioner, District 2 as noted. Motion carried 3-0.
ADJOURNMENT
The meeting adjourned at 12:40 p.m.
APPROVED
Attest: City of Ocoee
Marian Green, Deputy City Clerk S. Scott Vandergrift, Mayor
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