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HomeMy WebLinkAboutIII (A) Approval and Acceptance of Minutes of City Commission Regular Meetings of November 16, 1999 and December 7, 1999 • Agenda 12-21-99 • 1 Item IIl A MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD NOVEMBER 16, 1999 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission Chambers. Commissioner Parker led in prayer and Hilda Ems led in the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson (arrived 7:25 p.m.), Howell, Johnson and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, Assistant City Attorney Doty, City Engineer/Utilities Director Shira, Community Relations/Projects Director Shira, Finance Director Horton, Public Works Director Smith, Building and Zoning Official Flippen, Zoning Coordinator Harper, Assistant City Engineer/Utilities Director Wheeler, Buyer Tolbert, Police Chief Mark, Recreation Director Nordquist and Acting City Clerk Green. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS PRESENTATIONS Plaque to Hilda Ems for Service on Citizen Advisory Council for Ocoee Police Department Chief Mark presented a plaque to Mrs. Ems in appreciation for outstanding service on the CACOPD from December 7, 1993 to October 6, 1999. He also commended Mrs. Ems for her serving as a past president and an eight year member of the SALT (Seniors and Lawmen Together) Council. Ocoee Junior/Senior Football League Cheerleaders (This item not on Agenda) Tammy Steen thanked Commission for all the City has done for the League. She said two cheerleading squads had placed in the Mid Florida Cheerleading Competition and would be competing in the state competition on November 26. The two squads then presented two cheers. Year 200 Ocoee Calendar Contest Winners Community Relations/Projects Director Shiro explained that this year Ocoee's calendar will feature children's drawings around the theme of water conservation. Spring Lake Elementary, Ocoee Elementary and Ocoee Middle Schools had been asked to participate and 130 drawings had been entered into the contest. Mrs. Shira thanked Spring Lake Elementary Principal Angie Osborn, Ocoee Middle School Principal Kate Clark, and Ocoee Elementary Principal Janet Quinlan for permitting and encouraging participation in their schools. She recognized art teachers who were present - Mrs. Devine, from Spring Lake and Mrs. DeLillo, Ocoee Elementary. Certificates were presented to the twelve winners and all the students who had participated were recognized along with their parents and teachers. Recess: 7:35 p.m. - 7:52 p.m. Ocoee City Commission Regular Meeting • November 16, 1999 CONSENT AGENDA The consent agenda consisted of items A, 13, C, D, E, F, and G with item H added as an emergency item. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of November 2, 1999 and Workshop of November 1, 1999. B. Approval and Authorization fur the Mayor and City Clerk to Execute the Non-Exclusive Temporary Easement Agreement with Jennifer L. Butera and Kim Disbro and Authorization for Payment of$250.00 to Cover their Costs in Reviewing and Executing the Agreement. • The City needs to acquire this Easement for the Maguire Road Widening Project. C. Approval of Grant Application for the West Orange Christian Service Center in the Amount of$5,000.00 from Community Promotions Account. • The Center provides food and clothing, social services, and youth activities including tutoring and social programs to Ocoee residents. D. Approval and Authorization for Temporary Closing from 6:00 a.m. to 9:00 a.m. of East Oakland Avenue from Bluford Avenue to Lakeshore Drive for Historical Commission's Arts and Crafts Festival on November 27, 1999 from 9:00 a.m. to 3:00 p.m. • This authorization requires: (1) Road blocking with proper barricades; (2) An emergency lane maintained during the time the street is blocked; (3) Advance notification of all residents affected by the road blockage. E. Approval and Authorization to Grant Request for Fee Waiver in the Amount of$575.00 for St. Paul's Presbyterian Church Related to Their Application for Variance Before the Board of Adjustment. • As a non-profit, religious organization, St. Paul's is requesting waiver from the standard variance application fee. E. Approval and Authorization for Waiver of Bid Process and Purchase of Mobile Lifting System from ART-HERTA Lifting Systems in the Amount of $39,816.94 from the General Construction Fund. • This mobile lifting system has a capacity of 60,000 pounds and is required to perform in -house repairs and preventative maintenance on garbage trucks and other heavy equipment. G. Approval and Authorization for Mayor and City Clerk to execute Agreements with Supervisor of Elections for Use of Community Center(Precinct 129) and Beech Recreation Center (Precinct 131) as Polling Places. •The Agreements provide for the facilities to be used as polling places for elections on the following Tuesdays: March 14, 2000 (Presidential Preference Primary), September 5, 2000 (First Primary), October 3, 2000 (Second Primary) and November 7,2000 (General Election). Note: Item H below was added as an EMERGENCY ITEM without objection. H. Approval and Authorization for Temporary Closing of L.F Roper Parkway, Enterprise Street and a Section of Bluford Avenue for the Christmas Parade on December 4. 1999. • Ocoee City Commission Regular Meeting . . . . November 16, 1999 • Road closings will begin on IT Roper Pkwy. and Enterprise St. at 8:30 a.m. for the parade which starts at 10:00 a.m. Rain date of December 5, 1999. This authorization requires (I) Road blocking with proper barricades, (2) An emergency lane maintained during the time the street is blocked, (3) Advance notification of all residents affected by the road blockage. Item F. the purchase of the Mobile Lilting System, was pulled for discussion, and without objection Commission agreed to await further research and consider the purchase again later. In discussion about Item C. the grant to the West Orange Christian Service Center, Margaret McDonald, Director of the Center, said they would he seeking donations from the City of Winter Garden as well and that they received contributions from churches in Ocoee, Winter Garden and Bay Hill. Commissioner Anderson, seconded by Commissioner Parker, moved to approve Consent Agenda Items A.B, C, D, E, G, and H as presented. Motion carried 5-0. COMMENTS FROM CITIZENS/PUBLIC Frances Watts, 43 Shell Key Court, thanked the City for striping Kissimmee Avenue and for trimming trees and bushes on Orlando Avenue. She also expressed appreciation on behalf of the Senior Citizens to Debbie Gallo for her assistance in the Community Center and to James Mobley for driving the group on their excursions. Rebecca Layman and Nancy Maguire of the Ocoee Historical Commission invited Commissioners to attend the Withers-Maguire Christmas Homecoming festivities to be held December 18 and 19. It is open to the public for a donation of$5.00. Commissioner Parker said she had attended the event last year and encouraged everyone to attend. Mayor Vandergrift suggested decorating the tree at the corner of the house and having a formal tree lighting ceremony. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Howell thanked Mr. Smith for the work done by Public Works at the Vignetti softball field. Commissioner Parker thanked everyone who was involved in the Veterans' Day Program on Thursday. She especially noted Pat Smith, who had worked very hard to put it together, the Ocoee Middle School Band and Chorus, the police and fire honor guards, and great speakers. Mayor Vandergrift I. Echoed his thanks for the participants in the Veterans' Day Program. 2. Announced the Memorial Service for Jack I lager, the brother of former Commissioner Vard Hager, to be held on Wednesday,November 14, 1999 at 2:00 p.m. at the Ocoee Church of God of Prophecy. Ocoee City Commission Regular Meeting November 16, 1999 3. Asked for a volunteer to replace him at the teach-in at Ocoee Elementary School on Wednesday morning as he had a conflicting appointment. As no commissioner was available, Mr. Shapiro will arrange for a staff member to do so. 4. Said free mouse traps are still available from the Building and Fire Departments. 5. Announced the RSVP line is 656-2218. PUBLIC HEARINGS VARIANCE SETBACK APPLICATION- CASE NO. I VR-99:CAMBRIDGE HOMES, INC. 1651 RACHEL's RIDGE LOOP Zoning Coordinator Harper presented the staff report for the application for zoning variance for the home presently under construction at 1651 Rachel's Ridge Loop. The request seeks to provide for a 16 foot building setback from Clarke Road versus the platted specification of 25 feet. He explained that the change in setback was needed in order to safeguard three large specimen-sized oaks, and that the Variance was needed to avoid creating a"cloud" on the title of the subject property. He said the Board of Adjustment had unanimously recommended approval of the Applicant's Variance Request and he concluded with staff's recommendation to grant the request. Scott South, vice president of Cambridge Homes, and Jerry Wright, the construction superintendent for Wedgewood Commons, were present for the applicant. Note: Mayor Vandergrii t left the dais and Mayor Pro Tern Anderson presided. The public hearing was opened. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked, and staff confirmed, that the subject property would not be visible from Clarke Road as it would be behind a six foot wall. City Attorney Rosenthal pointed out that Variance Applications were quasi-judicial proceedings. He pointed out that the recommendations for approval by the Board of Adjustment and the Staff constitute competent substantial evidence which would service as a basis to grant the request. The public hearing was closed. Commissioner Howell said that, in future, a request such as this one should be made before the house is built. City Manager Shapiro explained that it was not a violation of City code, but was a violation of the plat submitted by the developer. As had been recommended by staff, Commissioner Johnson, seconded by Commissioner Parker, moved to approve the Variance Setback Application in Case No. 1 VR-99:Cambridge Homes, Inc. Motion carried 4-0. (Mayor Vandergrift was away from the dais.) 4 Ocoee City Commission Regular Meeting November 16, 1999 OTHER BUSINESS The following items are listed in the order considered. FIRST READING: ORDINANCE NO. 99-37, CABLE TELEVISION City Attorney Rosenthal read the proposed ordinance by title only, and announced that the Second Reading and Public Hearing were scheduled for December 7, 1999. Community Relations/Projects Director Shira invited Commissioners to contact her if they have questions about the Ordinance before the public hearing at the next meeting. Mayor Vandergrif[ returned to the dais. Dianne Pickett, vice president of public affairs and governmental relations for "lime Warner Communications, said she would continue to work with staff on any fine tuning needed on the ordinance. Responding to a question about when Road Runner would be available in Ocoee, Ms. Pickett said it would be offered in the area upon successful completion of the ordinance and the franchise agreement. Mr. David Spencer, vice president of Time Warner-Orlando, was also present. RESOLUTION NO. 99-19, RE: MAGUIRE ROAD CONDEMNATION City Attorney Rosenthal read the resolution by title only. City Manager Shapiro pointed out that the 90% Design of Maguire Road (Item VII F) should be considered before adopting the Resolution. PRESENTATION OF APPROVAL OF 90% PLANS FOR MAGUIRE ROAD IMPROVEMENT PROJECT AND AUTHORIZATION FOR PERMITTING AND CONSTRUCTION Fursan Munjed, of PEC, presented a brief report for the project for the widening of Maguire Road from south of Roberson Road north to SR 50. He said they are working with City staff to decide whether it should be continued north of SR 50 at this point. He concluded with a request for approval of the 90°/u Construction Plans. Discussion ensued in which Mr. Munjed said the decel lane into Wesmere had been added and City Engineer/Utilities Director Shira said the staff was reviewing an Agreement from Orange County which would provide for transfer from the County's inventory to the City's inventory the portion of Maguire Road from Gotha Road to Franklin (SR 438 extension). City Attorney Rosenthal said the Agreement would provide for Maguire Road to be moved from the County road system to the City road system which gives the City jurisdiction over the road and maintenance responsibilities for the road. As had been recommended by staff, Mayor Vandergrift, seconded by Commissioner Parker moved to approve the Maguire Road Improvement Project as presented at this 90% level and to 5 Ocoee City Commission Regular Meeting November 16, 1999 authorize Staff and PLC. Inc. to proceed with completion of the desien and securing of all necessary permits with the plan to proceed on to bidding and award for construction. Motion carried 5-0. Discussion about lighting for the road ensued. Underground wiring and placement of the lights in the center of the road where possible were suggested. Mr. Munled explained that placement of the lighting would be affected by Florida Power's need to have a live foot clearance between the overhead power lines and their lighting poles. I le said there were two options in terms of costs - the City could sustain the upfront cost or Florida Power could sustain the cost and the City could lease the fixtures. Mr. Shapiro pointed out the space limitations north of the turnpike. Mr. Rosenthal pointed out the potential land acquisition costs and severance damage factors considered from a design standpoint. It was agreed without objection that PEC will prepare alternative choices and their costs and bring them back to Commission for approval. RESOLUTION No. 99-19 - MAGUIRE ROAD WIDENING PROJECT/CONDEMNATION Assistant City Attorney Doty presented the staff report for the proposed Resolution. She said she was responsible for acquiring all the land that is needed to do the roadway project, and that adoption of Resolution No. 99-19 would allow her to file a condemnation suit to acquire the five properties identified in the Resolution as right-of-way needed for the project. Ms. Doty explained the normal procedure to acquire the properties and said it had been followed on each of these properties but that she has not received counter proposals from the property owners. Parcels 101, 103 and 104 are all properties controlled by Mr. Gordon Nutt and she had advised him today of the values the City was placing on the fencing. Ms. Doty gave the updated appraisals on those parcels for the record as follows: Parcel 101 Glenmuir Properties, Ltd. $7,035.00 Parcel 103 Devworth Development Co. Inc. $2,984.00 Parcel 104 Glenmuir Properties, Ltd. $26,020.00 Ms. Doty reported that Mr. Nutt said he had scheduled a meeting with City staff in December on the Preliminary Subdivision Plan on the Westridge property and would give the amount of his counter proposal the day after that meeting. Ms. Doty said that when the City had been in a crunch to put up the signal at the intersection of Roberson and Maguire Roads, Mr. Nutt had donated the corner clips which the City needed in order to do so. City Attorney Rosenthal strongly recommended against the Commissioners individually or as a group trying to negotiate when the City has appraisals. Ile pointed out that if the City made a habit of offering substantial percentages over the appraisals, then the City would never buy property again for the appraised value. As had been recommended by staff, Commissioner Johnson, seconded by Commissioner Parker, moved to approve Resolution No. 99-19 authorizing execution thereof by the Mayor and 6 Ocoee City Commission Regular Meeting November 16, 1999 City Clerk and further authorize all necessary actions in order to proceed to acquire the properties by quick-take proceeding. Motion carried 5-0. Ms. Doty said she will be filing condemnatiancy within the next seven days and the order of taking hearing will be after the first of the year. She said it was possible they may be able to acquire the properties without having to condemn them. and, if so. she will dismiss the property owner from the suit and bring a negotiated purchase to Commission. RESOLUTION No. 99-20, RE: CREDIT CARDS City Attorney Rosenthal read Resolution No. 99-20 by title only. Finance Director Horton presented the staff report For the proposed resolution to enter into an agreement with SunTrust for the issuance of the VISA Corporate Card to the Mayor, City Commissioners, and City Staff. In response to a question from the Mayor, she explained that the City was changing because American Express requires that the individual to whom the card is issued is personally liable and currently that has been the City Manager, and that the annual membership fee would be less with SunTrust. Commissioner Anderson suggested that changes to the account should require the Mayor and one other individual rather than any two of the three individuals listed. Mr. Shapiro said this was the usual procedure and Mr. Rosenthal explained this refers more to administrative paper work that may come to the City during the course of the administration of the card, and would typically be done by the City Manager and Finance Director. As had been recommended by staff, Mayor Vandergrift, seconded by Commissioner Howell moved to approve Resolution No. 99-20 and authorize the Mayor, City Clerk and Staff to execute all documents necessary to effect the transaction. Motion carried 4-I, with Commissioner Anderson voting "No." RECESS -9:07 p.m. -9:30 p.m. DISCUSSION: BEFORE/AFTER SCHOOL PROGRAM - PAYMENT/SCHOLARSHIP PROGRAMS Recreation Director Nordquist presented the staff report. Mayor Vandergrift, seconded by Commissioner Howell, moved to approve the program as recommended by staff The program was discussed at length. Commissioner Johnson,seconded by Commissioner Anderson, moved to amend the motion to not forgive amount in arrears, except for those people who would qualify under the new guidelines for scholarships. Motion carried 4-1, with Mayor Vandergrift voting"No." Ocoee City Commission Regular Meeting November 16, 1999 Commissioner Anderson, seconded by Commissioner Parker, moved to amend the motion to allow those individuals in arrears who do not meet the requirements of the scholarship to have one year from the effective date of starting the program to pay the amount in arrears. Motion carried 3-2 with Mayor Vandergrift and Commissioner Johnson voting "No.` The vote on the motion as amended carried 4-1, with Mayor Vandcrgrift voting -No.- AWARD OF SERVICES AUTHORIZATION 99-007 FOR ENGINEERING SERVICES TO HARTMAN & ASSOCIATES, INC. FOR THE A.D. MIMS AND WURST ROAD AREA IMPROVEMENT PROJECT Assistant City Engineer Wheeler presented the staff report. Commissioner Johnson commented about the need for sidewalks from the Beech Center, down both sides of Clarke Road and all the way to Prairie Lake. Mr. Shapiro said staff would need to report back with information about costs/funding for the sidewalks. Mayor Vandergrift questioned including resurfacing of the ten residential streets along with the A.D. Mims Road/Wurst Road project as he felt that should not require engineering services. I le was concerned that widening of Wurst might encourage speeding on the road. Mr. Wheeler said that Wurst was scheduled for widening to a uniform width for safety reasons and that there arc no plans to change the speed limit. lie said the resurfacing of the residential streets had been included in the maintenance overlay of the roads which Public Works was going to do but would be included in this project and paid for under the transportation bond issue. Ile said the engineers will be delineating the areas where the work is to be done, but the majority of the design work will be for Wurst Road. Mr. Shapiro explained the need to remedy the "sickness" of the roads in the area and said the project will make the "streetscape"look better for the people living along it. The majority of the cost is for the design of Wurst Road and the ribbon curb and the only money they are being paid on the rest of it is the preparation of the bid documents so the projects may be begun. Mayor Vandergrift said he did not want to wait on the resurfacing of the roads until engineering was done on Wurst and A.D. Mims Roads. Mr. Wheeler said the project should be out to bid in 90 days. As had been recommended by staff, Commissioner Johnson, seconded by Commissioner Anderson moved to authorize the Mayor and City Clerk to execute Services Authorization No. 99-007 with Hartman & Associates. Inc. in the not-to-exceed amount of$47,860.00, and further. that the listed resurfacing projects provided by the Public Works Department be included with the A.D. Mims Road Improvements Project. .Motion carried 4-1, with Mayor Vandergrift voting "Na" 8 Ocoee City Commission Regular Meeting November 16, 1999 APPOINTMENTS TO BOARDS Citizen Advisory Council for Police Department - Appointment to Complete Hilda Ems' Term to April, 2001. Commissioner Howell, seconded by Commissioner Anderson, moved to appoint Wayne Iurst to CACOPD to complete Hilda Ems' term to April. 2001. Motion carried. 5-0. Education Commission - Appointment to Complete Liza Crunk Holland's Term to August, 2001. Commissioner Johnson, seconded by Commissioner Anderson, moved to appoint Robert Williams to Education Commission to complete Liza Crunk Holland's term to August, 2001. Motion carried 5-0. STAFF REPORTS - None. COMMENTS FROM COMMISSIONERS Commissioner Howell: 1. Had concerns about some problems at the Jim Beech Center, but he had been advised by Mr. Nordquist that stall was working on it, so he will wait until staff has done so. 2. Directed attention to a letter to the editor in the West Orange Times concerning a cheerleader for the Ocoee Bulldogs who was not allowed by Pop Warner officials to continue to cheer because she had been held back a grade in school. Ile said this was not an isolated incident and asked what the City might be able to do about it. After some discussion, Mr. Shapiro asked Mr. Nordquist to meet with the Pop Warner Board to determine what had occurred and to report back to Commission with a recommendation. It was agreed without objection that Commissioner Howell and Mr. Nordquist would look into the matter. Commissioner Anderson: 1. Announced the Ocoee Christmas Parade will be held on Saturday, December 4, 1999 at 10:00 a.m. Mr. Shapiro said that Commissioners should arrive by 9:00 a.m., that Ocoee and Winter Garden Commissions would have lunch together following the parade, and that the City of Winter Garden had volunteered to pay half the cost for the luncheon this year. 2. Asked if the chairs in the Commission Chambers might be replaced with regular chairs to allow more flexibility. Mr. Shapiro said the chair problem is a part of the lawsuit. lie said a change to non-permanent chairs would negatively impact the appearance of the Chambers. 3. Suggested that having Commission Agenda Packets in 3-ring binders would be more workable in the meetings. 4. Said he wants to sec larger lots in new development coming into the City. 5. Expressed concern that fluoride in the City's water supply may be a carcinogen and could cause future legal ramifications. 6. Referred to memo about minimum manning of tire stations during training for drivers. After some discussion, Commissioner Johnson, seconded by Commissioner Anderson, moved to bring in staff for half-day overtime to cover during classes. After further discussion in which 9 Ocoee City Commission Regular Meeting November 16, 1999 it was determined that more information was needed, Mayor Vandergrift, seconded by Commissioner Howell, moved to table the motion. Motion to table carried 5-0. 7. Asked about the status of a master plan for the Auto Auction. Mr. Shapiro said a submittal by the Auction would be discussed with the City Attorney and Planning Director on Thursday, November 18, about putting together an appropriate schedule and what vehicle to use for it. Commissioner Johnson: I. Said trash had not been picked up in his neighborhood on Saturday. Mr. Shapiro said he will arrange for special pick-ups for anyone who had that problem and the City will back charge Jennings for it. 2. Congratulated Mayor Vandergrift on having a road from Winter Garden named for him, and said he will write a note of thanks to Mayor Quesinberry. Commissioner Parker: 1. Announced the Historical Commission Craft Show to be held on Saturday, November 271" from 9:00 a.m. to 3:00 p.m. 2. Stressed the need for sidewalks all along Clarke Road. Noting safety concerns for pedestrians and bicyclists, she strongly supported not increasing the speed limit to 45 miles per hour until the sidewalks are in place. Discussion ensued about reflectors on Clarke Road and Mayor Vandergrift recommended placing reflectors temporarily on the turn-in to the Beech Center Mayor Vandergrift: 1. Directed attention to article in today's Sentinel about a planned expansion of 1-4 to 10 lanes in downtown Orlando. He said he would write in support of going forward with the B Section of the Western Beltway before adding light rail or the I-4 expansion. 2. Noting growing problem with stolen vehicles,he directed attention to LoJack information he had distributed and wanted the City to consider sponsoring. Mr. Shapiro will ask Police Chief Mark to look into it. 3. Said he had observed paving to repair brick streets. Mr. Shapiro will check into it. 4. Thanked the volunteers for answering phones. ADJOURNMENT The meeting adjourned at 10:30 p.m. APPROVED Attest: City of Ocoee Marian Green, Acting City Clerk S. Scott Vandergrift, Mayor 10 Agenda 12-21-99 Item HI A MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING IIELD DECEMBER 7, 1999 CALL TO ORDER Mayor Vandergrift opened the City Commission regular meeting to order at 7:15 p.m. in the Commission Chambers. The invocation was given by Commissioner Anderson, which was followed by the Pledge of Allegiance, led by Frances Watts. The roll was called and a quorum was declared. PRESENT: Mayor Vandergrift, Commissioners Howell, Anderson, Johnson, and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, City Cable Attorney Baez, Police Chief Mark, Planning Director Wagner, City Engineer/Utility Director Shira, Community Relations/Projects Director Shira, Senior Planner McGinnis, and Deputy City Clerk Gosnell. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS Presentation of Plaque to Tommie Sanders in Recognition of his Commitment to Veterans and their Families. Lester Gabbs, Jr., American Legion Veterans' Service Officer, along with several other representatives, presented Tommie Sanders with a plaque in recognition of his commitment to helping veterans and their families. Mayor Vandergrift presented Mr. Sanders with an Ocoee watch as well. Presentation of Awards for POWR Essay Contest. Kari Conley, of CBR, presented the winners of the POWR Essay Contest from Ocoee Elementary and Spring Lake Elementary. Sean Courterier, the overall winner, read his essay to the Commission. Mr. Bob Steen, representing the two cheerleader squads attending National Competition, thanked the Commission for their support, and the squad performed a cheer. Recess 7:29 p.m. - 7:38 p.m. CONSENT AGENDA The Consent Agenda consisted of: • Approval and Authorization for the Mayor and City Clerk to Execute the Non- Exclusive Temporary Easement Agreement with First Union National Bank and Authorization for Payment of $250.00 to Cover its Costs in Reviewing and Executing the Agreement. Ocoee City Conunission Regular Meeting December 7, 1999 • Approval and Authorization for Mayor and City Clerk to Execute the Non-Exclusive Temporary Easement and the Non-Exclusive Perpetual Slope Easement Agreements with Elbert A. Hooks and Barbara N. Hooks and Authorization for Payment of $250.00 to Cover their Costs in Reviewing and Executing the Agreements. • Approval of Grant Application for the West Orange High School Choir in the Amount of$1,000.00 from Community Promotions Account. • Approval and Authorization for Mayor and City Clerk to Execute an Agreement with Supervisor of Elections for Use of Beech Recreation Center as Polling Place for Precinct 127. • Approval and Authorization to Use Forfeiture Funds to Purchase Equipment and Software for Orange County Sheriff's Office Records Management System. • Approval of Grant Application for the Ocoee Junior/Senior Football League Cheerleaders in the Amount of $500.00 - $1,000.00 from the Community Promotions Fund. Commissioner Howell, seconded by Commissioner Anderson, made a motion to approve the Consent Agenda as presented. Motion carried unanimously. City Manager Shapiro requested clarification on the amount of money awarded to the Ocoee Junior/Senior Football League Cheerleaders, since they had requested a specified amount. Without objection, the amount of$1,000.00 was awarded to the Cheerleaders. COMMENTS FROM CITIZENS/PUBLIC Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, spoke to the issues of garbage receptacles, suggesting that labels should be attached stating "this side facing curb" and suggested barbells he used to calculate the weight of cans and charge citizens by weight. Mayor Vandergrift stated that many receptacles left at the side of the road create a problem for mail carriers. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Howell • Thanked Public Works Director Smith's staff for cleaning up Vignetti Softball field • Enjoyed Light Up Winter Garden • Enjoyed the Ocoee/Winter Garden Christmas Parades — lots of fun • Sent a "hello" to Jean Grafton Commissioner Anderson • Read an e-mail received thanking the City for Payment/Scholarship Program for after school care Commissioner Johnson - none Page 2 of 11 Ocoee City Commission Regular Meeting December 7, 1999 Commissioner Parker • Announced the Ocoee Historical Commission Christmas Pageant on December 18-19 Mayor Vandergrift • Thanked the Lions Club, Cathy and Jim Sills, and staff for the Christmas Parade • Asked when the Christmas Tree would be lighted at the Withers-Maguire House. City Manager Shapiro responded that it would he done on Friday, December 17 at 7:00 p.m. during the caroling at the gazebo festivities. The Recreation Department will be taking care of the details. City Manager Shapiro • Announced the Sysco Foods/City of Ocoee Christmas Dinner for the needy would also be on Friday, December 17, at Ocoee Middle School from 4:00 p.m. to 8:00 p.m. PUBLIC HEARINGS Ordinance No. 99-37, Cable Television Franchise. City Attorney Rosenthal read Ordinance No. 99-37 by title only. Community Relations/Special Projects Director Shira reported that the ordinance is the result of many meetings and workshops, that Staff has kept in mind that with technology, the ordinance has the potential to open up other services, that the City has created an ordinance that will safeguard the citizens to the greatest extent possible, and that the City's cable legal counsel, Braulio Baez, was in attendance to respond to any questions. The Public Hearing was opened. Diane Pickett, Vice President-Public Affairs and Government Relations, and David Spencer, Vice President-Operations, both representing Time Warner Communications, discussed three issues: (1) State-of-the-Art Report; (2) Burden of Proof; and (3) City Expenses. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, stated that he did not have cable and feels citizens should only pay for what services they request. Attorney Baez addressed each of the three issues, stating that the State-of-the-Art Report is not an unreasonable request, that language can be improved in the Burden of Proof clause, and that the pass through of costs to the subscriber is a major issue with Time Warner. Attorney Baez further stated that Time Warner has franchises within Florida that have pass-through costs; that exposure has been minimized to $10,000, and that this is a policy decision that must be made by the Commission. Commissioner Anderson asked how the City would know what is "state-of-the-art" at any point in time, and what avenues the City has to obtain this information. Attorney Baez stated Page 3 of 11 Ocoee City Commission Regular Meeting December 7, 1999 that the City should use every means of information available to it to use as a basis for that determination. City Manager Shapiro stated that there is a governmental newsletter available, recommended that the City become a member of that group to obtain technology information, and furthermore, it is not abnormal for Leibowitz & Associates to send letters to their clients when they arc aware of technology changes. Discussion ensued with regard to the Orlando area cable franchise network, most favored nations clause, burden of proof, renewal fees, application fees, state of the art requirements, roadrunner, and the telephone and internet issues. Leased access of their cable lines to other businesses is the only thing not covered under the ordinance. Commissioner Parker clarified that nothing in the ordinance prevented competition; we just don't have any at this time, and if we do, they usually get bought out by Time Warner. Commissioner Parker stated that she would like to see a monthly report from Time Warner on state of the art issues. Commissioner Howell read a call-in from Rosemary Morganto regarding the high increase in the basic cable. Commissioner Parker, seconded by Commissioner Johnson, made the motion to adopt Ordinance 99-37 with the following changes being made: in regard to the State-of-the-Art Information, that portion of the Ordinance be changed to "upon request" from the City, not required every year; in regard to in any proceeding wherein there exists an issue with respect to a franchisee's performance of its obligations pursuant to this Ordinance, the Franchisee shall provide such information as it may have concerning its compliance with the terms of the Ordinance. Any information they have that says they are complying they will give. On the last portion regarding the fees being passed on to the cable company, pass them on and figure out what to do with the $10,000 that is over the amount that can be passed through, and incorporate the changes as set forth in the Leibowitz & Associates memorandum of November 24, 1999 to Mr. Shapiro, which is part of the Agenda package. Mayor Vandergrift stated that the $10,000 is a major problem and understood that the cable company could not accept it on the basis of the federal law with regard to the 5% cap. City Manager Shapiro stated that he felt the Ordinance should not be held up over $10,000, knowing it is an issue; however, it is not worth litigation, and suggested the City delete the language on the issue of the $10,000 and allow it to be a pass-through cost. City Attorney Rosenthal requested clarification on the $10,000. City Manager Shapiro stated that they should eliminate the $10,000 expense as a normal and justifiable expense of the negotiation that is allowed to be passed through to subscribers. Page 4 of 11 Ocoee City Commission Regular Meeting December 7, 1999 Commissioner Parker, seconded by Commissioner Johnson, made an amendment to her original motion to delete any prohibition on passing through the $10.000 to subscribers. Commissioner Anderson asked Attorney Baez if there are any other cities that have adopted ordinances such as this one. Attorney Baez stated that there are other cities in Florida, though not through Time Warner, that have adopted ordinances that say you shall not deduct this from franchise fees and shall not pass through to subscribers. City Attorney Rosenthal stated for the record of this meeting, documents shall include the Time Warner letters of December 1 and December 7, 1999 to the City Commission, and Leibowitz & Associates letter of December 6, 1999 to the City Commission. Ms. Pickett stated there are two separate issues regarding prohibition: it's not a pass through in that Time Warner would be allowed to deduct it from franchise fees. City Manager Shapiro stated that he did not say anything about deduction of the franchise fees. City Attorney Rosenthal asked Attorney Baez if there is a specific reference in the Ordinance of a strike through to eliminate any ambiguity at a later date. Attorney Baez stated that Section 57-08. Applications for Grant, Renewal, Modification or Transfer of Franchises. Subsection I., deleting the last clause, "and shall not he passed through to subscribers." and then in Section 57-09. Grant of Franchises. Subsection D., deleting the final clause, "and shall not be passed through to subscribers up to the limit of the application fee required under Section 57-08(I). Commissioner Parker, seconded by Commissioner Johnson, made a motion to adopt certain amendments on the table, and to that motion, to further revise the Ordinance, specifically in Section 57-08 to delete from the last sentence in Subsection I, the phrase, "and shall not be passed through to subscribers." and to delete from Section 57-09 Subsection D., the phrase in the last sentence, "and shall not be passed through to subscribers up to the limit of the application fee required under Section 57-08(I). Motion failed 2-3, with Mayor Vandergrift Commissioner Howell and Commissioner Anderson voting no. Commissioner Howell expressed his reason for voting negative, stating that the fear of litigation over $10,000 from Time Warner when they are charging the citizens $350,000 to $400,000 a month for cable was not right. Commissioner Anderson stated that the whole amendment was very confusing and did not understand what was being discussed. Mayor Vandergrift stated the $10,000 is the cost of us doing business and if we decide to hire an outside consultant, then it is up to the City to pay that when our Staff could be talking to them, we are paying money to fly them up here in a hurricane to be here when we are only having a first reading of an ordinance. Page5 of 11 Ocoee City Commission Regular Meeting December 7, 1999 Janet Shira, Community Relations/Special Projects Director stated for the record that neither Staff nor City Attorney Rosenthal has the expertise to sit across the table from legal counsel out of New York City and legal counsel out of Orlando, both representing the cable company, at every meeting, and further stated that she did not feel comfortable sitting across the table from not only cable experts that deal with this issue every day, but also legal counsel, and that residents arc going to pay either way - whether the City uses a consultant or not. If the City absorbs the $10.000, all the residents in Ocoee pay, regardless if they receive cable or not. If we pass that fee on to Time Warner or subscribers, then the users pay it. Mayor Vandergrift. seconded by Commissioner Johnson, made a motion to amend Section 57- 08(I) of the Ordinance to delete the last sentence, which says, "The filing fee is therefore intended to be a charge incidental to the awarding or enforcing of a franchise within the meaning of Section 622(g)(2)(D) of the Communications Act, 47 U.S.C. $ 542(g)(2)(D), and may not be deducted from the franchise fee imposed in a franchise agreement, and shall not be passed through to subscribers." and to delete the last sentence of Section 57-09(D) of the Ordinance, which states, "This processing fee is intended to be a charge incidental to the awarding or enforcing of a franchise within the meaning of Section 622(g)(2)(D) of the Communications Act, 47 U.S.C. p 542(g)(2)(D), and shall not he credited against the franchise fee imposed in a franchise agreement and shall not he passed through to subscribers up to the limit of the application fee required under Section 57-08(I)." Motion carried unanimously. Janet Shira, Community Relations/Special Projects Director stated for the record what those monies allow the City to do right now with cable television - our government channel and everything else. If you start dipping into those monies, expanding Channel 9 is going to become more difficult. City Attorney Rosenthal requested clarification from Attorney Baez for the record what the Ordinance says with respect to consulting fees and whether or not those are pass throughs or deductions from the franchise fee based on the proposed amendment. Attorney Baez stated that based on the proposed amendment, they are treated as expenses that aren't incidental to the awarding of a franchise fee under the law so they count against (deducted from) your franchise fees, reducing the revenue. Commissioner Parker, seconded by Commissioner Johnson, made a motion to adopt Ordinance 99-37 to include the following changes and amendments: in regard to the State-of-the-Art Information, that portion of the Ordinance he changed to "upon request" from the City, not required every year; in regard to in any proceeding wherein there exists an issue with respect to a franchisee's performance of its obligations pursuant to this Ordinance, the Franchisee shall provide such information as it may have concerning its compliance with the terms of the Ordinance. Any information they have that says they are complying they will give. On the last portion regarding the fees being passed on to the cable company, the last sentence of Section 57-08(1) is deleted, specifically, "The filing tee is therefore intended to be a charge incidental Page 6 of 11 Ocoee City Commission Regular Meeting December 7, 1999 to the awarding or enforcing of a franchise within the meaning of Section 622(g)(2)(D) of the Communications Act, 47 U.S.C. & 542(2)(2)(D), and may not be deducted from the franchise tee imposed in a franchise agreement, and shall not be passed through to subscribers." and finally, the last sentence is deleted in Section 57-09(D) of the Ordinance, which states "This, processing tee is intended to be a charge incidental to the awarding or enforcing of a franchise within the meaning of Section 622(g)(2)(D) of the Communications Act, 47 U.S.C. 542(g)(2)(D) and shall not be credited against the franchise fee imposed in a franchise agreement and shall not he passed through to subscribers up to the limit of the application fee required under Section 57-08(1)," and incorporate the changes as set forth in the Leibowitz & Associates memorandum of November 24, 1999 to Mr. Shapiro, which is part of the Agenda package_With respect to the three items brought forth by Time Warner, the City has agreed to their requests by this proposed motion. Motion carried 4-1 with Commissioner Howell voting no. City Manager Shapiro raised the issue of two government channels, using the City of Winter Garden's situation as an example, and requested that Time Warner go on the record as saying that they are not going to stop the cities in West Orange from getting what they had three years ago when Time Warner bought the system, that is, both government channels, and further stated that Time Warner went on record as saying to Staff during negotiations that if the City of Winter Garden or Oakland decided they wanted both government stations, that Time Warner would agree to give it to them. Now, Time Warner is telling them they have to lose something if both stations arc requested. Ms. Pickett stated that some channels, including some religious channels qualify as independents, and qualify under the "must carry" and Time Warner does not have an option to carry or not carry them. Janet Shira, Community Relations/Special Projects Director, reminded everyone that Winter Garden and Ocoee had the two channels. Ms. Pickett stated that during discussions with City of Ocoee, it was understood that both channels were requested, and that was agreed to, and could not say what channel would be removed in Winter Garden. To the extent that the channels are required under the laws to be in the basic tier of services, and all of those channels are full, Time Warner has to determine where we would put that, but have committed to the City of Ocoee that they will get those two channels. City Manager Shapiro asked what channel will be removed and will those same rights to the rest of the West Orange Community. Ms. Pickett stated that Windermere was never on the system, but it would be made available to Oakland and Winter Garden and Ocoee should they choose to ask for that in their franchise negotiations. Page 7 of 11 Ocoee City Commission Regular Meeting December 7, 1999 Recess 9:50 p.m. - 9:55 p.m. First Reading/Transmittal: Ordinance No. 99-38, Comprehensive Plan Amendment - Future Land Use. City Attorney Rosenthal read Ordinance No. 99-38 by title only. Planning Director Wagner introduced Senior Planner McGinnis, Senior Planner, and gave a brief overview of her credentials. Senior Planner McGinnis stated that the Department of Community Affairs has completed their review of the EAR and issued a final determination of sufficiency, and gave an overview of the proposed textual amendments to the Future Land Use Element of the Comprehensive Plan that address the new statutory requirements. Senior Planner McGinnis stated that she attended the monthly meeting of the Orange County Public Schools Task Force, and at that meeting, they showed a video and cited Ocoee as an example of good intergovernmental coordination with the School Board in taking the lead working with developers to locate the school sites for the School Board. Mayor Vandergrift asked if progress was being made with another site or working with the School Board on a location site for a high school, and that the water management district contacted him and stated that they have money from mitigation on the western beltway. Mayor Vandergrift also stated that he has spoken with OCPS, and that he would like to see a campus with a high school, middle school, elementary school, and park all in a shared area. Mayor Vandergrift expressed his ideas regarding charter schools. Planning Director Wagner stated that they were having preliminary discussions with OCPS regarding the Coca Cola site and surrounding areas; however, they are not formally pursuing this until after the new year with OCPS, Orange County Parks, and the St. Johns Water Management District. The Public Hearing was opened, and since no one wished to speak, was closed. Commissioner Howell, seconded by Commissioner Anderson, made the motion to approve Staff's recommendation authorizing transmittal of the amendment to the Future Land Use Element of the Comprehensive Plan to the Department of Community Affairs. Motion carried unanimously. OTHER BUSINESS Ordinance No. 99-39, Lake Johio Annexation (Case No. AR-98-11-13) (First Reading) Ordinance No. 99-40, Lake Johio Rezoning (Case No. AR-98-11-13) (First Reading) City Attorney Rosenthal read Ordinance No. 99-39 and Ordinance No. 99-40 by title only. Page 8 of 11 Ocoee City Commission Regular Meeting December 7, 1999 Discussion ensued with regard to R-1-A and R-1-AA around the lake area, lot sizes, and gated communities. Ocoee/Orange County Interlocal Agreement for Professional Parkway/Old Winter Garden Road Widening Project. City Engineer/Utilities Director Shira stated that he was available to answer any questions the Commission may have. Mayor Vandergrift requested all accounting of the cost to the City over the 2 year period at 7 bond money for discussions with Orange County. Mayor Vandergrlft, seconded by Commissioner Howell, made the motion to authorize the Mayor and City Clerk to execute the Interlocal Agreement between Orange County and the City relating to Old Winter Garden Road from Hempel Avenue to S.R. 50 and Professional Parkway. Motion carried unanimously. Design Contract with Lochrane Engineering for SR 438 Utility RelocationProject. City Engineer/Utilities Director Shira stated that he was available to answer any questions the Commission may have. Discussion ensued with regard to the appraised value of rights-of-way and relocation of city utilities within that right-of-way along SR 438. City Attorney Rosenthal and City Engineer/Utilities Director Shira explained how the city makes sure the numbers equal out so the City would have minimal, if any, out of pocket expenses, thus giving the City the benefit of the value of right-of-way which is dedicated to the public where DOT could have a strong argument that they do not have to give the City any credit for, and finally, it gives us the value of right-of-way that we have gotten the developers to give to the City. They further explained that staff has set a future precedent for State Road 50 wherein we have right of way acquired from the mall which is going to have a substantial value whenever development takes place on State Road 50, including utility relocations. Commissioner Howell, seconded by Commissioner Parker, made the motion to authorize Lochrane Engineering, Inc. to perform the work outlined in their proposal dated September 8 1999 for the not-to-exceed amount of $58,565.00, contingent upon receipt of the check from FDOT. Motion carried unanimously. NOTE: THE FOLLOWING AGENDA ITEM WAS TAKEN OUT OF ORDER. Ratification of Education Commission's Request in Letter to Orange County Public School Staff re: Rezoning for New School. Lester Dabbs, Jr., Chairman of the Ocoee Education Commission, addressed the City Commission regarding the Education Commission's concerns with regard to three major criteria on rezoning as adopted by OCPS, stated that under every option, each school is over Page 9 of 11 Ocoee City Commission Regular Meeting December 7, 1999 capacity, and requested the Commission's approval to submit the attached letter to Dr. Buckman. Mayor Vandergrift, seconded by Commissioner Johnson, made the motion to authorize Chairman Dabbs to submit the rezoning letter from the Education Commission as attached to Dr. Buckman. Motion carried unanimously. Appointments to Boards. Citizen Advisory Council for Police Department - Reappointment of Robert McKey for term to expire January 1, 2003. Commissioner Howell, seconded by Commissioner Anderson, made the motion to reappoint Mr. McKey to the Citizen Advisory Council for Police Department for a term to expire January 1, 2003. Motion carried unanimously. Commissioner Parker stated that she has two applicants from Sawmill Subdivision for the CACOPD, and recommended Mr. Mark Scalzo, who turned in his application first, and then consider Mr. Keller for Education Commission opening. Discussion ensued. Commissioner Parker, seconded by Commissioner Johnson, made the motion to appoint Mr. Mark Scalzo, Mr. Joel Keller, and Mr. Thomas Hendrix, Sr. to the Citizen Advisory Council for Police Department for a term to expire January 1, 2003. Motion carried unanimously. STAFF REPORTS - None COMMENTS FROM COMMISSIONERS Commissioner Parker • Thanked everyone for the Christmas Parade Commissioner Johnson • Thanked everyone for the Christmas Parade and stated that he needed help throwing the candy to so many citizens • Read an anonymous call in from the Cross Creek Subdivision regarding cable Commissioner Anderson • Thanked Mayor Vandergrift for allowing him to participate as Santa's Helper at Dillards • Asked if the City has written letters to LYNX. City Manager Shapiro reported that both the City and the Police Chief have written letters. Discussion ensued. City Manager Shapiro will instruct Staff to prepare a Resolution. • Reported that the brick road on Lakeshore is caving in, despite the asphalt repair work. • Suggested a public forum for the Y2K at the December 21, 1999 City Commission Meeting, and asked when the next Y2K Meeting was within the City. City Manager Shapiro reported that the next meeting would be this Friday, December 10. Page 10 of 11 Ocoee City Commission Regular Meeting December 7, 1999 • Read an e-mail from Jennifer Spivey regarding cable • Read an anonymous e-mail regarding garbage can labels Commissioner Howell • Requested the status of A.D. Mims/West Road. City Manager Shapiro reported that it would be another 30-40 clays. • Reported that his kitchen garbage can was taken after being placed at the edge of the road for garbage pick up. City Manager Shapiro suggested it be reported to Public Works. • Thanked Glad Tiding Church for all the help they do in his neighborhood. Mayor Vandergrift • Requested status of the A.D. Mims/Phyllis 3-way stop sign. City Manager Shapiro stated that a memo had gone out to the Commission on this issue. • Received a report on the speed limit on Clarke Road. • Requested without objection that the television crew come 30 minutes early for the December 21, 1999 City Commission meeting to televise Christmas caroling. • Reported that a Cross Creek Subdivision citizen contacted him with concerns due to the new road and new construction for the apartments. Mayor Vandergrift would like to see hedges installed to block vehicle lights. City Manager Shapiro requested the citizen's name from Mayor Vandergrift. • Thanked everyone for the decorations in and out of City Hall. • Thanked Public Works for mowing the lakefront without being asked. ADJOURNMENT The meeting was adjourned at 11:00 p.m. APPROVED Attest: City of Ocoee Fran Gosnell, Deputy City Clerk S. Scott Vandergrift, Mayor Page 1I of II