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HomeMy WebLinkAboutIII (A) Approval and Acceptance of Minutes of Commission Regular Sessions of January 16, 2001 and February 6, 2001, and Special Session of February 6, 2001 Agenda 02-20-2001 DRAFT FT Item III A MINUTES OF THE OCOEE CITY COMMISSION REGULAR SESSION HELD JANUARY 16, 2001 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission Chambers located at 150 N. Lakeshore Drive. Pastor Luis Pluguez led in the prayer and former Mayor Lester Dabbs led the Pledge of Allegiance to the Flag. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson (arrived at 8:00 p.m.), and Parker. Also present were Acting City Manager Gleason, City Attorney Rosenthal, Building/Zoning Official Velie, City Clerk Grafton, City Engineer/Utilities Director Shira, Assistant City Engineer Wheeler, Community Relations/Projects Director Shira, Fire Chief Strosnider, Human Resources Director Psaledakis, Information Systems Manager Ross, Planning Director Wagner, Senior Planner McGinnis, Police Chief Mark, Public Works Director Smith, and Recreation Director Nordquist. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Proclamation - Mrs. Willie Fields 100 Birthday Mrs. Willie Fields was present with two of her sisters, Mrs. Lillian Reese and Mrs. Estelle Johnson, to receive the proclamation honoring Mrs. Fields for her 100th birthday after it was read by Mayor Vandergrift. Mayor Vandergrift announced there would be another reception for Mrs. Fields at the Starke Lake Baptist Church on Samrday afternoon at 2:00 p.m. Years of Service Awards Mayor Vandergrift read the years of service awards for Assistant Fire Chief Richard Firstner for 5 years and Police Sergeant Kendall Fisher for 15 years. Fire Chief Strosnider and Police Chief Mark in turn expressed their appreciation for the performance of. and devotion to, their duties. Certificate of Appreciation from Census Bureau for Participation in Census 2000. Mayor Vandergrift presented the Certificate of Appreciation from the Census Bureau to Senior Planner McGinnis, who had provided assistance during the count. Certificate of Appreciation to City of Ocoee from The Children's Burn Foundation of Florida, Inc. Fire Chief Strosnider read the Certificate of Appreciation from the Children's Burn Foundation of Florida, Inc. and presented it to Mayor Vandergrift. DEAFY Ocoee City Commission Regular Meeting January 16, 2001 State of the City Address, Mayor Vandergrift Mayor Vandergrift read the State of the City address which is attached to these minutes as Exhibit A. RECESS 7:50 P.M. TO 8:00 P.M. Upon reconvening Mayor Vandergrift asked Acting City Manager Gleason to make a public service announcement. Mr. Gleason announced St. Johns River Water Management District's decision to restrict water consumption due to the drought and he described the City of Ocoee's response to cooperate. He listed the ways to be used to get the word out, and he said the City Attorney had been requested to modify the District's model ordinance to prepare a way for the City of Ocoee to receive the funds from fines imposed. Commissioner Parker announced the free irrigation system audit which is a part of the POWR program and said citizens wishing to participate in this free service should call 407 905 POWR or 407 905-3100 extension 1505. CONSENT AGENDA The consent agenda consisted of items A, B, C, and D. Commissioner Anderson asked that a letter he sent to Bill Cowles, Orange County Supervisor of Elections, regarding the unfairness of the costs incurred for municipal elections since that office no longer allows municipalities to piggy-hack on their elections with the exception of the Presidential Preference election. Mr. Gleason said he would write the letter and copy the Commission. Mayor Vandergrift noted that the agreement with SJRWMD (item III D) did not include their paying the City's attorney fees and suggested that the City coordinate with the Friends of Lake Apopka (FOLA) as they may have some funds available for the management of wetlands. Commissioner Anderson, seconded by Commissioner Parker, moved to approve and adopt the consent agenda as presented. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of January 2, 2001, Work Session of January 2, 2001, Joint Work Session with Orange County School Board of January 3, 2001, and Special Session of January 4, 2001. (City Clerk Grafton) B. Approval and Authorization for Mayor and City Clerk to Execute Vote Processing Equipment Use Agreement and Election Contract with Supervisor of Elections for 2001 Municipal Election. (City Clerk Grafton) • The municipal election is scheduled for March 13, with a run-off, if needed, April 10 and Florida Statutes provide that municipalities will use the equipment provided by the County. This Page 2 of 8 Ocoee City Commission Regular Meeting January 16, 2001 agreement and contract spell out the particulars regarding leasing,supplies and services. C. Approval and Authorization for Transfer of Contractual Services from Glace and Radcliffe, Inc. to WCG, Inc. (Assistant City Engineer Wheeler) • Since September 1998, Glace & Radcliffe have provided engineering services under a Continuing Professional Consulting Agreement. In January of 2000, that company merged with Barker, Ostia&Anderson, Inc. to form the company of WCG, Inc. Approval authorizes the Mayor and City Clerk to execute the First Amendment to Continuing Professional Agreement with WCG, Inc. D. Approval and Authorization for Mayor and City Clerk to Execute Participation Agreement with St. Johns River Water Management District - Crown Point Conservation Area. (City Attorney Rosenthal) • This provides for acceptance of$600,000 grant for acquisition of lands adjacent to the Coca Cola Property. COMMENTS FROM CITIZENS/PUBLIC Mrs. Rosemarie Morganto,11012 Groveshire Court, discussed the problem of security and customer safety at the Wal-Mart stores all over the country and asked that the City of Ocoee let them know it will not happen here. She also asked that the City have a requirement in the building code that the hot water heater be placed close to the most used faucet in houses in order to conserve water. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked if Ocoee citizens are included in the county's added homestead exemption benefit for senior citizens. Mr. Gleason advised Finance Director Horton was preparing figures to discuss anticipating this in the next budget. Mr. Mohnaeky noted there was still a Christmas decoration on the telephone pole at Silver Star and Lakeshore Drive which the crew had missed, and he added that this room has never been comfortable and asked why there was no thermostat. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Johnson read a fax message from Dan Mathys saying he was withdrawing from the 2001 election race for District 3 for personal reasons. His letter included a list of issues he had discussed with Commissioner Johnson and wished to see in place: 1) the formation of a city manager selection advisory committee, 2) creation of assistant city manager position, 3) mandatory Land Development Code and Comprehensive Plan training for the Planning and Zoning Board and Board of Adjustment, and 4) the creation of a small community theater for the citizens. Mayor Vandergrift reemphasized the water restrictions now in place. Page 3 of 8 DA(AIAPTI Ocoee City Commission Regular Meeting January 16, 2001 PUBLIC HEARING Second Reading of Ordinance No. 2001-04, Coke Property Annexation, Case No. AP- 2000-10-01 (Senior Planner McGinnis). City Attorney Rosenthal read the title only of the Ordinance. Senior Planner McGinnis gave the staff report, using the overhead to display details. The subject property contains approximately 340 acres and is located both east and west of Ocoee-Apopka Road, north of Fullers Cross Road, east of Lake Apopka, and south of West Groves. The subject property is proposed to he developed as a mixed use Planned Unit Development and will include a large conservation area, community park, two public schools, a workforce education facility, a bus parking and maintenance facility, public safety uses including a fire station and police/fire training facilities, together with residential, neighborhood commercial and professional service tracts that may be sold to private developers. The 4'h Amendment to the Joint Planning Area Agreement paved the way for the City to begin the process for the Small Scale Comprehensive Plan Amendment for this action. No portion of the property currently designated as a conservation area is proposed to he changed. Ms. McGinnis advised the Development Review Committee, Planning and Zoning Commission, and Staff recommended approval of the annexation petition. The public hearing was opened and, as no one wished to speak, was closed. Mayor Vander rift seconded by Commissioner Parker, moved to adopt Ordinance No. 2001-04 annexing the Coke Property, Case No. AP-2000-10-01. Motion carried 5-0. OTHER BUSINESS First Reading of Ordinance No. 2001-05, Relating to Referendum Item Amending City Charter to have the Mayor Elected by the City Commission. Second Reading and Public Hearing Scheduled for January 23, 2001 at 7:30 p.m. City Attorney Rosenthal read the title only of the Ordinance. Commissioner Parker, seconded by Commissioner Johnson, moved to reconsider the issue of placing this Ordinance on the ballot and to put it before a Charter Review Commission for consideration when that Commission is appointed next time. Motion carried 5-0. Commissioner Parker, seconded by Commissioner Howell, moved to terminate consideration of Ordinance No. 2001-05 and direct staff to cancel the scheduled public hearing. Motion carried 5-0. During the discussion which followed regarding the fact that this was an issue for the Charter Review Commission to deal with, Commissioner Howell asked that the record reflect that he Page 4 of 8 pG3G°aF Ocoee City Commission Regular Meeting January 16, 2001 wants that Commission to also consider having Commissioners live in the district they represent but be elected city-wide. The following citizens addressed the issue: Veronica Royce, 917 Marlene Drive, J. Lester Dobbs, 619 Caborca Court, Kermit Bushur, 441 Vandergrift Drive, Dan Coleman, 112 Hercules Court, Pastor Tom Barnhill, 1802 Center Street, and Max Jacobs, Jr., 2247 Mountain Spruce Street. Discussion on Change in Holiday Pay Policy for Shift workers. (Human Resource Director Psaledakis) Acting City Manager Gleason pulled this item from the agenda. Change Order#2, Reclaimed Water Mains Phases 1 & 2, Project with Prime Construction Group, Inc (Assistant City Engineer Wheeler) Assistant City Engineer Wheeler gave the staff report which described the history of the project and listed the changes as follows: I) Renovate connection at Hackney-Prairie Road.2) Modify connection to existing pipe at station 61+40. 3) Remove two pine trees on A.D. Minis Road, 4) Additional fittings for connections to directional drills. 5) Adjustment of contract quantities, and 6) Install water main on Clarcona-Ocoee Road from Wurst Road to 15'' Avenue. These proposed changes would increase the contract amount by $16,882.49 and increase the contract time 150 days. Funds would come from the 1997 Utility Bond Issue. Commissioner Anderson, seconded by Commissioner Johnson. moved to approve Change Order No. 2 with Prime Construction Group, Inc. which increases the contract amount by $16,882.49 and increases the contract time 150 days, and to authorize the Mayor and City Clerk to execute Change Order No. 2. Motion carried 5-0. Approval and Authorization for Mayor and City Clerk to Execute Necessary Documents with Chrysalis for the Creation of IVR Software. (Information Systems Manager Ross) Information Systems Manager Ross advised the software to make functional the Interactive Voice Response(IVR), which was approved at the December 19, 2000 meeting, can he provided by Chrysalis and he asked for approval of the contract and that the Mayor and City Clerk he authorized to execute the necessary documents. Commissioner Anderson, seconded by Commissioner Parker. moved to approve the contract with Chrysalis to provide the software for the IVR and to authorize the Mayor and City Clerk to execute all necessary documents therefor. Motion carried 4-0. Commissioner Howell was away from the dais. Page 5 of 8 Ocoee City Commission Regular Meeting January 16, 2001 Approval and Authorization for Change Order# I with Gibbs & Register Contract. (Public Works Director Smith) Public Works Director Smith advised Gibbs & Register had agreed to hold their price for sidewalk repair, replacement, and installation to the same as in their current contract and he asked for approval to extend the contract to September 30, 2001. Commissioner Anderson, seconded by Commissioner Parker, moved to approve extending the Gibbs & Register Contract FIB #B00-06 Part A dated July 18, 2000,until September 30 2001. Motion carried 4-0. Commissioner Howell was away from the dais. Authorization to Reprogram Funds to UP for Radios for New Employees. (Public Works Director Smith) Public Works Director Smith explained that after the budget was approved for this year, he learned that the portable radios used by his department had increased in price to $1.781, making it necessary for that item be a part of the Capital Improvements Program. And due to an oversight, radios had not been budgeted for the three additional people in the street department. Mr. Smith asked for specific changes in his budget to allow portable radios to be purchased for his new employees. Commissioner Anderson, seconded by Commissioner Johnson. moved to approve Mr. Smith's request as follows: I) Reprogram $281 from operating,expenses to capital (6400)for the sanitation division, 2) Reprogram $281 from operating expenses to capital (6400) for the facilities division, 3) Reprogram $1,781 from operating expenses to capital (6400) for the parks division, and 4) Reprogram $5,343 from the budgeted two flail mowers (6400) for the streets division. Motion carried 4-0. Commissioner Nowell was away from the dais. Approval and Authorization for Ocoee Boxing Club Parameters. (Recreation Director Nordquist) Acting City Manager Gleason pulled this item from the agenda. Mayor Vandergrift left the dais and Mayor pro tern Anderson chaired the meeting in his absence. Approval and Authorization for Mayor and City Clerk to Execute Employment Agreement for Acting City Manager with Jim Gleason. (City Attorney Rosenthal) City Attorney Rosenthal discussed the employment agreement he had been directed to put together for Mr. Gleason. Page 6 of 8 Ocoee City Commission Regular Meeting January 16, 2001 The following citizens expressed their opinions about the hiring of Mr. Gleason, his salary, and his experience: Mrs. Rosemarie Morganto, 11012 Groveshire Court, Mr. Kermit Bushur, 441 Vandergrift, and Pastor Tom Barnhill, 1302 Center Street. Mayor Vandergrift returned to the dais. Mr. Gleason responded to the questions raised by the citizens listed above and talked about cooperation. He pledged to work with all the elected officials and stated his goals were customer service, quality, and financial integrity. The following citizens spoke: Ms. Donna Zielinski, no address given, Mr. Max Jacobs, 2247 Mountain Spruce Street, Mr. Mark Fredericson, no address given, Ms. Veronica Royce, 197 Marlene Drive, Former Mayor Lester Dabbs, 619 Caborca Court, Mr. Dan Coleman. 112 Hercules Court, Mr. Bob Steen, 1214 Van Pine Lane,Mrs. Beth Vandergrift,2625 Cedar Bluff Lane, Mrs. Cheryl Gleason, 856 Hammocks Drive, and Ms. Kim Heberly, no address given. Telephone or e-mail messages were read from Mr. Mike Minor and Mr. John Resnik. Commissioner Anderson,seconded by Commissioner Parker, moved to approve the employment agreement with Mr. Gleason as presented and authorize the Mayor and City Clerk to execute. Motion carried 3-2 with Mayor Vandergrift and Commissioner Howell voting no. Direction to Staff regarding Procedure for Hiring New City Manager. (Commissioner Anderson) Human Resources Director Psaledakis pointed out she had distributed a notebook with the hiring procedure outlined and stated the Commission could hire a consulting firm, conduct the search in-house, or appoint a steering committee. Following discussion, consensus was reached to conduct the search in-house with a cut-off date for responses in early April in order to get past the elections before beginning with interviews. Resumes would be copied and distributed for review as received. Ms. Psaledakis said letters of acknowledgment would be prepared for Mayor Vandergrift to sign as the resumes came in. STAFF REPORTS Community Relations/Projects Director Shira introduced Karl Prihoda, TV Operations Manager, who gave a brief description of his background and experience. Mrs. Shira expressed appreciation to Building/Zoning Official Velie for the design of the TV room, Facilities Maintenance Supervisor Denver Music, Carpenter Eddie Hornsby, and Building Tradesworker II David Spears for construction of the TV room and keeping it under budget, and Producer Tim Blaszczyk, Consultant, for his untiring and gracious assistance in putting together the TV room. Page 7 of 8 DD G 7 Ocoee City Commission Regular Meeting January 16, 2001 Acting City Manager Gleason announced to date the following have picked up candidate packets for the upcoming election: District 1, Incumbent Danny Howell, Milton West and Bill Henderson District 3, Incumbent Rusty Johnson (Dan Mathys withdrew his candidacy) Mayor, Incumbent S. Scott Vandergrift, Martha Lopez-Anderson Undisclosed, Ben Griffin Mr. Gleason directed attention to the Health Central Auxiliary Golf Tournament information distributed just prior to the meeting and asked for authorization to have the time off for this tournament February 5 as he had already signed up and paid for it personally. Mayor Vandergrift said he had no problem with that. Commissioner Anderson, seconded by Commissioner Parker, moved to participate at the same level and donate the same amount as last year. Motion carried 5-0. Clerk's note: The supporting material to the June 20, 2000 City Commission Regular Meeting indicates the package offered was for a team of 4 players and hole sponsor for the amount of$650.00. This year's tournament offers a 4 person team and hole sponsor for $550.00. COMMENTS FROM COMMISSIONERS Commissioner Johnson announced the Health Central Golf Tournament and asked if the City would have the same team as last year. After brief discussion, Mr. Gleason said to contact his office to make a reservation and the registration would be sent in. Commissioner Howell said he soon would be talking about a Little League scholarship to help kids who do not have money to pay for participation. ADJOURNMENT The meeting adjourned at 10:55 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Page 8 of 8 Agenda 02-20-2001 Item III A DRAFT MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD FEBRUARY 6, 2001 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:33 p.m. in the Commission Chambers. Pastor Jack Andrews, McCormick Baptist Church, led in the prayer and Mr. R. P. Mohnacky led 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 Acting City Manager Gleason, City Attorney Rosenthal, Assistant City Attorney Doty, Buyer Tolbert, City Clerk Grafton, City Engineer/Utilities Director Shira, Assistant City Engineer Wheeler, Community Relations/Projects Director Shira, Planning Director Wagner, Recreation Director Nordquist, and Boxing Club Coordinator Cristelli. ABSENT: None Commissioner Johnson announced that former City Manager Shapiro was undergoing tests right now and his family has asked for prayers. He said they had designated him as their spokesperson in lieu of having everyone call them at the hospital, and concerned citizens should feel free to call him (Commissioner Johnson) at home. PRESENTATIONS AND PROCLAMATIONS In keeping with the renewed policy to invite students to take part in the Commission meetings, two West Orange High School cheerleaders read the proclamations. Felecia Bryant read the Proclamation proclaiming National Public Works Week - May 20- 26, 2001. Tiffany White read the Proclamation proclaiming National Engineers Week - February 18-24, 2001. Presentation - Charles "Buzz" Matthews, Executive Director of the West Orange YMCA, presented a plaque to Mayor Vandergrift for his support and another plaque for the City's continued support of the West Orange YMCA. Presentation by Burton & Assoc. re: Water/Wastewater/Reclaimed Water Rates. (City Engineer/Utilities Director Shira) This item was pulled by Acting City Manager Gleason. Agenda Item VII J was taken out of agenda order to be considered here. Approval and Authorization to Grant $1,000.00 to West Orange High School Cheerleaders. (Community Relations/Projects Director Shira) DRAFT Ocoee City Commission Regular Meeting February 6, 2001 The cheerleading squads will be competing in National Competition in Jacksonville, Florida on March 21-25. The cheerleaders request $1,000 to help with expenses. Of the 18 members of the squad, 8 are Ocoee residents. Commissioner Anderson's suggestion that recipients of grants from the City should be required to spend some time in community service, such as helping with Founders' Day, met with unanimous approval. Commissioner Anderson, seconded by Commissioner Johnson, moved to grant $100 per Ocoee participant ($800) and request that each recipient give 5 hours of community service for Founders' Day in return. When Commissioner Johnson pointed out that two of the coaches who would be accompanying the squads were Ocoee residents, Commissioner Anderson, seconded by Commissioner Johnson, amended his motion to include those two as well, making a total grant of$1,000. Motion carried 5-0. The vote on the motion as amended carried 5-0. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, and E. Mayor Vandergrift directed that, in item D, the Parameters should be called Policy and Club should be changed to Program. Commissioner Anderson, seconded by Commissioner Parker, moved to approve the consent agenda with the noted changes to item D. Motion carried 5-0. A. Approval and Acceptance of Minutes of Commission Work Session of January 12, 2001. (City Clerk Grafton) B. Approval and Authorization for Mayor and City Clerk to Execute Forest Ridge PUD, Final Subdivision Plan, Project No. LS-99-004. (Planning Director Wagner) • The Forest Ridge PUD is a subdivision of 57 single family residential lots to be located east of Lakewood Avenue about one quarter mile south of Wurst Road. C. Approval and Authorization for Mayor and City Clerk to Execute Florida Department of Transportation Highway Maintenance Contract Renewal #AG997 FIN Project #244298-1-72-04. (Public Works Director Smith) • This is the second renewal of an Agreement dated April 21, 1999, at an annual cost of$33,418.35. Page 2 of 11 DRAFT Ocoee City Commission Regular Meeting February 6, 2001 D. Approval and Authorization for Parameteus Policy for Ocoee Boxing Club Program. (Recreation Director Nordquist) • Parameters proposed by Staff include Goals, Objectives, Fees, Guidelines, Gym Rules and Registration Form for the new Boxing Program. E. Approval and Authorization to Transfer $6,300.00 from City Clerk's CIP to Small Equipment account for Printers in City Clerk's Department. (City Clerk Grafton) • Four printers may be purchased for less than the amount budgeted for three in the CIP. COMMENTS FROM CITIZENS/PUBLIC There were no citizen comments at this time. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Howell said his prayers were with Mr. Shapiro and his family, as well as with the family of his good friend, Jiffy Skipper, who passed away this week. Commissioner Parker I) Announced a safety expo, Saturday, February 10, from 12 to 4:00 p.m. at the West Oaks Mall in the Dillards parking lot. 2) Asked about the swimming pool and whether the field that is a temporary soccer field could be used for practice. Mr. Gleason responded he is already working with Mr. Smith on a master plan for practice fields and will have a report by the next meeting. PUBLIC HEARING West Oaks United Methodist Church, Preliminary Site Plan/Master Plan Project No. LS- 99-017. (Planning Director Wagner) Planning Director Wagner gave the staff report, using the overhead to display the details. The West Oaks United Methodist Church site is located on the east side of Clarke Road about 700 feet north of White Road. The subject property has A-1 zoning and is currently vacant with some trees, but is mostly an open field. There is a water tower and property owned by another church adjacent to the southern edge of the site and a subdivision of single family homes adjacent to the northern and eastern edges of the site. The property on the west side of Clarke Road across from the site is an orange grove which has not been annexed into the City, with Orange County A-1 zoning. The Preliminary Site Plan is a long range master plan for the Church's property to permit incremental expansion of the facility. The two entrances will be constructed with the first phase of development, the southern entrance being a full access entrance with a median cut on Clarke Road for left turns into and out of the site. The northern entrance will be a right-in/right-out only entrance. There were two waivers regarding the building height and a 36 square foot ground sign. The proposed waivers, as revised and recommended as Conditions of Approval by the Planning and Zoning Commission, were as Page 3 of 11 DRAFT Ocoee City Commission Regular Meeting February 6, 2001 follows: 1) Revising the Justification on the Building Height waiver to read "To allow Or a 65' steeple;" 2) Revising the Proposed Standard on the Sign waiver to read "A 36 sf ground sign up to 10' tall shall be permitted;" 3) Adding new Condition of Approval to read "Prior to approval of Phase 3, a traffic operational analysis shall be conducted to determine whether a right turn lane from Clarke Road into the site will he necessary to mitigate traffic impacts. The recommendations of the analysis shall he implemented. " Tom Griffin, Architect with McCree, Inc., 500 E. Princeton, Orlando, and Pastor Ernie Post were present. Mr. Griffin said they had worked closely with staff for a year and had resolved many problems. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Howell, seconded by Commissioner Anderson, moved to approve the Preliminary Site Plan/Master Plan for West Oaks United Church, including both of the proposed waivers, as date stamped received by the City on January 11, 2001, and subject to the first two additional Conditions recommended by the Planning and Zoning Commission and omitting Condition Number 3. Motion carried 5-0. RECESS 8:27 - 8:42 P.M. OTHER BUSINESS All items were taken out of agenda order for the balance of the meeting. Old Winter Garden Road Widening Project: Proposed Settlement with Frank Casserino (Parcel 101).(Assistant City Attorney Doty) Assistant City Attorney Doty presented the staff report which included the history of the proposals and counter-proposals for the settlement of the eminent domain litigation for Parcel 101, formerly owned by Frank Casserino, and she recommended approval as follows: $353,000.00 to Frank Casserino (less the $300,000.00 previously deposited in the court registry) $ 15,600.00 to Kurt Ardaman, Esquire $ 7,318.00 to Calhoun, Dreggors and Associates, Inc., subject to review and approval by the City Attorney. Mayor Vandergrift, seconded by Commissioner Parker, moved to approve according to staff recommendation and to authorize the City Attorney or Assistant City Attorney to execute a final judgment for these amounts. Motion carried 5-0. Page 4 of 11 E. Q77 Ocoee City Commission Regular Meeting February 6, 2001 Pioneer Key Drainage Improvement Project: Proposed Settlement regarding Parcel No. 1 (Vosilla, Baker and Zalloum). (Assistant City Attorney Doty) Assistant City Attorney Doty gave the staff report which showed a very complicated history to the title, and advised the$485.00 lien the Code Enforcement Officer had placed on the parcel for mowing had grown to more than $32,000.00 over a period of time. She recommended approval of the settlement of the eminent domain litigation for Parcel 1 by payment of$16,000.00. Commissioner Anderson, seconded by Commissioner Johnson, moved to approve the staff recommendation to approve the settlement of the eminent domain litigation for Parcel 1 formerly owned by Sam Zalloum, by payment of$16,000.00 to the Wilson, Leavitt & Small trust account, in complete satisfaction of all claims of defendants John Vosilla,Julie Baker, Sam Zalloum, inclusive of interest and attorneys'fees and costs and authorizing the City Attorney or Assistant City Attorney to execute a final iudgment for this amount. Motion caned 5-0. Approval of Bid #B01-04 Purchase of Rubber Tired Backhoe Loader for the Utilities Department. (Buyer Tolbert) Buyer Tolbert was present to respond to any questions on this purchase. The staff report showed the bid for this budgeted item was duly advertised with three responses: Nortrax Equipment ($74,997.75), Briggs Equipment ($67,779.00), Ringhaver Equipment ($67,944.00). Staff recommended awarding this bid to Briggs Equipment as the most responsive and responsible bidder. Commissioner Johnson, seconded by Commissioner Parker, moved to award Bid #BO1-04 for the purchase of a Rubber Tired Backhoe Loader to Briggs Equipment and authorize Staff to proceed with the procurement of this equipment. Motion carried 5-0. Resolution No. 2001-01, adopting the new Master Lease Agreement with SunTrust Bank, approving Equipment Schedule 1, and designating it as a Qualified Tax Exempt Obligation. (Buyer Tolbert) City Attorney Rosenthal read the title only of the Resolution. Buyer Tolbert reported contacting SunTrust Leasing Corporation, Ford Motor Credit Company and Commercial & Municipal Capital for bank qualified financing for a lease term of three years for police vehicles and four years for other city vehicles. It was determined that SunTrust Leasing Corporation offered the best interest rate at 4.489% combined annual interest rate and she recommended approval of the new Master Lease Agreement with SunTrust Leasing Corporation. Commissioner Anderson, seconded by Commissioner Howell. moved to 1) approve a new Master Lease Agreement with SunTrust Leasing Corporation. and 2) approve Resolution No. 2001-01 for the Bank Qualified Tax Exempt Lease-Purchase Agreement Schedule No. 1 Pages of 11 Ocoee City Commission Regular Meeting February 6, 2001 between the City and SunTrust Leasing'Corporation and authorize execution thereof by the Mayor and City Clerk and further authorize the Mayor, City Clerk, and Staff to execute all documents necessary to consummate the transaction contemplated by the Agreement. Motion carried 5-0. Resolution No. 2001-02, Declaring a Water Shortage Emergency and Providing for Implementation of Water Shortage Plan of the St. Johns River Water Management District. (City Attorney Rosenthal and City Engineer/Utilities Director Shira) City Attorney Rosenthal read the title only of the Resolution. Assistant City Engineer Wheeler gave the staff report and an overhead presentation from St. Johns River Water Management District showing the drought conditions in this area and stressing the need to conserve water. Commissioner Anderson read an e-mail message pointing out that homeowner associations need to follow the rules also. Community Relations/Projects Director Shira advised the POWR team had met with Cathy Sills to find out who the top 20 water users are and they will take them to a seminar March 17. She said all of them are homeowner associations. Commissioner Anderson read a telephone message reporting a broken sprinkler at Save & Pack store on Bluford Avenue. Mayor Vandergrift, seconded by Commissioner Anderson, moved to adopt Resolution No. 2001-02 declaring a water shortage emergency and providing for the implementation of the water shortage plan of the St. Johns River Water Management District and authorize execution thereof by the Mayor and City Clerk. Motion carried 5-0. Mayor Vandergrift announced the LINK 101 ribbon cutting Monday, February 12 and invited citizens to join him on the bus ride at 8:25 a.m. leaving from the West Oaks Mall. Appointments to Boards (City Clerk Grafton) Citizen Advisory Council for Police Department - Reappoint Richard Luce for term ending February 1, 2004/Appointment replacing David Aho for term ending January 1, 2004. Commissioner Anderson, seconded by Commissioner Johnson, moved to reappoint Member Richard Luce to another three year term on CACOPD and to appoint Freddy Milner to complete David Aho's term which ends January 1, 2004. Motion carried 5-0. Page 6 of 11 pR&fl Ocoee City Commission Regular Meeting February 6, 2001 Education Commission - Martha Lopez-Anderson resigned a term ending August, 2002. Opening remains for term ending August, 2001. Commissioner Johnson asked that the rules for this committee be provided for him to review. Commissioner Parker, seconded by Commissioner Anderson, moved to appoint Jeffrey S. Roach to complete Martha Lopez-Anderson's term which ends August 2002. Motion carried 5-0. Parks and Recreation Advisory Board - Anthony Cristelli resigned a term ending October 1, 2001. Openings remain for one term ending October 1, 2001 and two terms ending October 1, 2002. Mayor Vandergrift, seconded by Commissioner Howell, moved to appoint Jeanne Telcsca to complete Member Sherman's term which ends October 1, 2001, and Veronica Royce to complete Member Chamber's term which ends October 1, 2002. Motion carried 5-0. Request to Adopt Amendments to Ocoee/Orange County Utility Service Area Agreements. (City Engineer/Utilities Director Shira) City Engineer/Utilities Director Shira presented the staff report and described the several areas that would be better served by Orange County utilities that are in Ocoee's utility service area and also the reverse. He noted that Orange County's objection to the exchange would be set aside if Ocoee would agree to reduce the 25% surcharge currently charged county consumers down to 15% over a period of time. Mayor Vandergrift, seconded by Commissioner Parker, moved to direct staff to prepare the necessary ordinance revisions to effect the surcharge reduction and to prepare the appropriate service territory amendments to be considered at a later date by both the City Commission and the Orange County Commission. Motion carried 5-0. Maguire Road Widening Project: Phase 5 Design Proposal - PEC Addendum No. 005 for $345,825.00. (City Engineer/Utilities Director Shira) City Engineer/Utilities Director Shira gave the staff report which spelled out the history of the Maguire Road widening project and the projected schedule, which included an expenditure for design services for FY2000/2001. Mr. Shira recommended authorization of Addendum No. 005 for a not-to-exceed amount of$345,825.00. Commissioner Howell, seconded by Commissioner Anderson, moved to approve Addendum No. 005 to the Agreement for Consulting Engineering Services with PEC for a not-to-exceed Page 7 of 11 R A F7 Ocoee City Commission Regular Meeting February 6, 2001 amount of$345,825.00 and to authorize the Mayor and City Clerk to execute the Addendum. Motion carried 5-0. Approval and Authorization to Grant $400.00 to Bahia Shrine Circus Fund. (Community Relations/Projects Director Shira) Commissioner Anderson, seconded by Commissioner Parker, moved to approve the grant application for the Bahia Shrine Circus Fund in the amount of $400.00 and designate the Christian Service Center to use the tickets received as a result of this grant. Motion carried 5-0. Approval to Waive the RFP Purchasing Procedures for Budgeted Television Equipment and Authorize Approval of the Proposal from Professional Communications Systems. (Community Relations/Projects Director Shira and Television Operations Manager Karl Prihoda) Community Relations/Projects Director Shira advised the total package for the TV equipment is over $15,000.00 and ordinarily would require an RFP. However, because of the procedures Mr. Prihoda had gone through, she felt he might have given adequate notice and information to interested parties to permit waiving the purchasing procedures. Mr. Prihoda said he had contacted seven companies and had met with four of those companies on site. Mayor Vandergrift, seconded by Commissioner Johnson, moved to waive the standard purchasing procedures and approve the proposal from Professional Communications Systems as requested by Staff. Motion carried 5-0. STAFF REPORTS Charter School Acting City Manager Gleason directed attention to a letter dated January 29, 2001, from Ronald Blocker of the Orange County Public Schools, requesting the City to defer the City's consent approval of the charter denial for sixty (60) days to enable the respective staffs to finalize their work and present the results of their work to them. Mayor Vandergrift, seconded by Commissioner Johnson, moved to extend the consent approval of the charter denial for sixty (60) days as requested, to enable the School Board to organize their branch of the School Board to manage charter schools . Motion carried 4-0. Commissioner Johnson was away from the dais when the vote was taken. Additional Homestead Exemption for Persons 65 or Older Mr. Gleason explained the procedure necessary to initiate in the City of Ocoee the additional homestead exemption for persons 65 and older, which is authorized in the State Statutes, Page 8 of 11 Ocoee City Commission Regular Meeting DRAFT February 6, 2001 saying the ordinance must be in place by December 1 in order to make the benefit available next fiscal year, Details were described in his memo dated February 1, 2001, and he requested direction for staff. Mayor Vandergrift, seconded by Commissioner Howell, moved to direct staff to move forward preparing, an ordinance to make the additional homestead exemption for persons 65 and older a policy in Ocoee. Motion carried 4-0. Commissioner Johnson was away from the dais. Central Florida Council for Florida House Mr. Gleason called attention to the invitation to a reception at Mennello Museum of American Folk Art, Princeton Avenue, Loch Haven Park, on Thursday, February 22, 2001, 6:00 to 8:00 p.m. from the Central Florida Council for Florida House. Commissioner Parker said Mrs. Ervine would be presenting more information at Rotary Wednesday morning. Traffic Enforcement Mr. Gleason reported on the traffic enforcement which had been done on Russell Drive in January as a result of the petition presented to Mayor Vandergrift by the residents in the Russell Drive area. He suggested it may be time to incorporate some of the traffic calming devices that were incorporated into a City policy some time ago. Commissioner Johnson asked that someone look at the traffic calming device on Delaney Street in Orlando which is almost a roundabout. Mr. Gleason said he would get with Mr. Shira and develop a plan to present to Commission for direction. Football Fields Mr. Gleason said he had asked Mr. Smith when he returns to have a briefing regarding the responsibility of the City versus Groundlek in the care of the pest and weed control of all City properties. COMMENTS FROM COMMISSIONERS Commissioner Parker - No comments at this time. Commissioner Johnson 1) Said he had asked for a report on Palm Pilots and Information Systems Manager Ross had provided it. (E-mail dated February 6, 2001 1:54 p.m. distributed at this meeting) IIe suggested each Commissioner could request one if they wished. Later in the meeting lie asked for and received agreement, without objection. Page 9 of 11 Ocoee City Commission Regular Meeting February 6, 2001 2) Said to get with Allen Bond regarding the well. Mr. Gleason said that had been addressed and resolved, but not yet reported. 3) Observed that the telephone calls he receives as a Commissioner deal mostly with getting the plans through the Planning Department. He proposed retaining 3 agencies to process plans. Mr. Gleason said he will have a meeting with Building Department and Planning Department and return with a plan. Mayor Vandergrift, seconded by Commissioner Johnson, moved to add consultants to the Planning Department as requested by Commissioner Johnson. Motion carried 5-0. 4) Suggested finishing the large room next to the City Manager's office and moving the Commissioners' office to that location, then enlarge the conference room to include their former office. (Credited Commissioner Anderson with the idea.) 5) Expressed his appreciation for the support of District 3 and the citizens citywide and said he would be back working for them for another 3 years. 6) Suggested naming a water plant or street for Sam Oliver, who was in charge of the water supply system in the beginning of the service. Commissioner Anderson 1) Said that last year he noticed broken sidewalks all over town and proposed setting standards so sidewalks would hold up. Asked that staff find out what other cities do to keep from having broken sidewalks. 2) Asked that the item on the agenda which was not considered at the special session he considered at this time, and a brief discussion resulted in the following motion regarding the Grant Policy: Commissioner Anderson seconded by Commissioner Johnson moved to grant funds only to non-profit or not-for-profit groups. Motion carried 5-0. Community Relations/Projects Director Shira advised staff has put a time limit on the requests, requiring two weeks notice before the request goes on an agenda for consideration by this Commission. She then asked for clarification on the definition of a group: Are two a group? The response was yes, and they must he sponsored by an organization. Commissioner Anderson read two e-mail messages: 1) You must set lighting limitation and a standard for the lighting of a church steeple. 2) Jeffrey Hardy, 310 Rewis Street, noticed drilling going on in Central Park. Who is drilling and what for? Page 10 of 11 DDQ A IF Ocoee City Commission Regular Meeting February 6, 2001 Commissioner Howell 1) To Ellis Shapiro and his family - his prayers are with you. 2) Prayers are also with the family of his friend, Jiffy Skipper, who passed away this week. 3) Asked that some traffic calming device he placed at Kimball Street and Wurst Road. Mr. Gleason said he would check into it and respond by the next meeting. 4) Asked that staff contact the railroad and find out when they will clean up the mess they left near Malcolm Street. 5) Expressed his appreciation for the Ocoee employees who prepared a meal for the Skipper family following the funeral for their family member. He named Vicki Prettyman, Drixie Chapman, Ricky Waldrop, and Brandy Everett. 6) Announced the Big Orange golf tournament March 4, 2001. Mrs. Shira reported Recreation Director Nordquist had already budgeted for the foursome. Mayor Vandergrift read two telephone messages received during the meeting: 1) Skip Davis expressed concern about the $15,000 spent for television equipment, as the equipment requested does not meet broadcast TV standards, and he believed the City is not advancing its television technology and the money will be wasted on equipment that will he outdated within the year. 2) Rosemary Davis said at the Education Commission meeting Monday night the possibility of a public forum was put on the March agenda only to address concerns parents had brought to the Board's attention. No member of this advisory board would consider doing anything without the approval of the City Commission, as ex officio member Johnson can attest to. ADJOURNMENT The meeting adjourned at 10:40 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Page 11 of 11 DRAFTII(411) AFT Agenda 02-20-2001 A Item III A MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION HELD FEBRUARY 6, 2001 CALL TO ORDER ROLL CALL AND DETERMINATION OF A QUORUM Mayor Vandergrift called the special session to order at 6:30 p.m. in the Commission Chambers located at 150 N. Lakeshore Drive. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell (arrived at 6:35), Johnson (arrived at 7:15), and Commissioner Parker. Also present were Acting City Manager Gleason, City Attorney Rosenthal (arrived at 6:45), City Clerk Grafton, and Community Relations/Projects Director Shim. DISCUSSIONS: ADDRESS TRAVEL POLICY (Ordinance No. 2000-24 continued from November 21, 2000, and January 4, 2001) Mayor Vandergrift stated he did not want the travel policy to be a part of an ordinance. Commissioner Anderson, seconded by Commissioner Parker, moved to direct the City Attorney to prepare whatever is necessary to remove the elected officials from the travel policy established in Ordinance No. 93-20 and create a Travel Policy. Motion carried 4-0. Commissioner Johnson was not present. Commissioner Parker said she would like to see the policy establish a set number of meetings each month they are required to attend and they could then turn in all mileage to meetings over that figure. Discussion ensued about a stipend versus mileage, and the tax implications. Without objection, Acting City Manager Gleason was directed to review Mayor Vandergrift's records and check with other cities regarding their policies and report back. Regarding the existing policy which allows for one telephone call per day when out of town, Commissioner Anderson said he felt $10.00 per day would be more realistic as they were businessmen with business to conduct. Commissioner Howell said he has a problem with the charges on his cell phone, as the incoming calls are not recorded, and, although a high percentage of the calls are city business, he has no receipt to show, so he is not reimbursed for those minutes. Mr. Gleason said it was possible to get a detailed report from the cell phone company for a fee. Mr. Rosenthal advised in his company they reimburse a certain percentage of the entire bill as it is understood that some of the calls made would be personal; and they save both time and money by not requiring the itemization. Ocoee City Commission Special Session February 6, 2001 CITY GRANT PROGRAM - Policy Concerning Grants to Individuals. (Community Relations/Projects Director Shira) This item was moved to last on the agenda and, as the meeting ran overtime, this was not discussed during the special session. However, at the end of the regular session Commissioner Anderson asked that this be discussed and the brief discussion resulted in the following motion regarding the Grant Policy: Commissioner Anderson seconded by Commissioner Johnson moved to grant funds only to non-profit or not-for-profit groups. Motion carried 5-0. Community Relations/Projects Director Shira advised staff has put a time limit on the requests, requiring two weeks notice before the request goes on an agenda for consideration by this Commission. She then asked for clarification on the definition of a group: Are two a group? The response was yes, and they must be sponsored by an organization. DIRECTION FOR NEXT YEAR'S FOUNDERS' DAY (Community Relations/Projects Director Shira) Mrs. Shira reviewed the information in the report on the last Founders' Day which she had provided at the January 4, 2001 meeting, noting the extraordinary expenses that were one time only and the overtime paid. She said there were several avenues which could be taken for the next Founders' Day and she would need direction before proceeding. Among those options were 1) charging for seats for the audience in the half of the field closest to the stage, 2) allowing alcoholic beverages, 3) hiring an agency to run the event, manage the spaces and just submit a check at the end of the day. During the ensuing discussion, consensus was reached to not hire an outside agency, to not allow alcoholic beverages, to try to break even but to keep as much of the event free as possible, and to have the volunteer committee make some of the decisions. ADJOURN The meeting adjourned at 7:30 p.m. APPROVED: Attest: City of Ocoee lean Grafton, City Clerk S. Scott Vandergrift, Mayor 2