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HomeMy WebLinkAboutV(A) Approval and Acceptance of Minutes of City Commission Special Session of December 22, 2003 and City Commission Regualr Session of January 6, 2004 [Q) [Ri &u [F if Agenda 01/20/2004 Item V A MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION IN THE SHADE HELD DECEMBER 22, 2003 Call to Order. Mayor Vandergrift called the Special Session to order at 6:03 p.m. in the Commission Chambers. City Clerk Grafton called the roll and declared a quorum present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manager Gleason, City Attorney Rosenthal, Assistant City Attorney Horan, and City Clerk Grafton. ABSENT: None City Attorney Rosenthal made the following announcement: "The City is currently a defendant in an action brought by Ryan Incorporated Eastern regarding the Maguire Road Improvement Project. The case has been filed in the Circuit Court for the Ninth Judicial Circuit of Orange County under Case No. CI 03-CA-644. As required by Section 286.011(8), Florida Statutes, I have previously advised the City Commission that I desire to have advice concerning this litigation and to discuss with the City Commission, in a closed session, matters related to the settlement negotiations. "Florida Statutes provide a limited exception from the Sunshine Law for the City's attorneys to meet in private with the City Commission to discuss pending litigation to which the City is a party. As required by Florida law, reasonable notice of the closed session has been given which identifies the time and date of the closed attorney-client session and the names of the persons who will be attending. The entire session will be recorded by a certified court reporter and no portion of the session may be off the record. The court reporter's notes will be fully transcribed and filed with the City Clerk. At the conclusion of the litigation, the transcript of the meeting will become a public record. It is not permissible to leave the meeting to consult with other persons regarding the subject matter of the meeting. Following the conclusion of the closed session, it will be necessary to meet in public in order to adjourn the meeting. "The agenda has been structured so as to allow for public action by the City Commission should such action be necessary following the closed session." Mayor Vandergrift announced the following: "The City Attorney has requested a closed session with the City Commission to discuss settlement negotiations and strategy related to litigation expenses in the case described by the City Attorney. The persons who will be attending the closed session are Mayor Vandergrift, Commissioner Howell, Commissioner Anderson, Commissioner Johnson, Commissioner Parker, City Manager Jim Gleason, City Attorney Paul Rosenthal, Assistant City Attorney John Horan, and no others. It is estimated that the closed attorney-client session will last forty-five minutes. Following the conclusion of the attorney-client session, the meeting will be reopened in order to announce the termination of the closed session and take such other action as the City Commission may deem appropriate. The City Commission will now move into closed session. lQ) lR1 ffi\ [F ~ ' Ocoee City Commission Special Session December 22, 2003 Closed Session with City Attorney Rosenthal, Assistant City Attorney Horan, and City Manager Jim Gleason re: Settlement Negotiations and Strategy Related to Litigation Expenditures in Orange County Circuit Court Case No. 03-CA-644 - Ryan Incorporated Eastern v. City of Ocoee. The Commission moved into the Commission Conference Room for the closed session at 6:06 p.m. and reconvened in the Commission Chambers at 7:10 p.m.. Consideration/Action of Proposed Settlement. Mayor Vandergrift reopened the Special Meeting of the City Commission and announced that the closed attorney-client session had been terminated at 7: 10 p.m. He asked if there were any recommendations for action by Assistant City Attorney Horan. Commissioner Howell. seconded bv Mavor Vander!!rift. moved to authorize Mr. Horan to make a orooosal settlement offer ofiudl.!ment in the Rvan case offerinl.! to Dav Rvan $364.322.39. which is the contract balance olus retainal.!e that is oresentlv owed. olus an additional $200.000.00 to take care of their claim for additional comoensation for a total of $564.322.39 and that the Citv would al.!ree to waive liauidated damal.!es in the case. Motion carried 3-2 with Commissioners Anderson and Johnson voting no. Adjournment. The meeting adjourned at 7: 12 p.m. Attest: APPROVED: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 2 [Q)[Rlffi\~li Agenda 01/20/2004 Item V A MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD JANUARY 6, 2004 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:17 p.m. in the Commission Chambers. Pastor Ron Cargill led in prayer and Frances Watts led the Pledge of Allegiance to the Flag. City Clerk Grafton called the roll and declared a quorum present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell (arrived 7:21), Johnson (arrived 7:21), and Parker. Also present were City Manager Gleason, City Attorney Rosenthal, Assistant City Attorney Doty, Assistant to the City Manager Shira, Building Official Phelps, City Clerk Grafton, Community Development Director Wagner, Human Resources Director Diedrich, Information Systems Director Ross, Parks/Recreation Director Farmer, Public Works Director Wheeler, and Deputy Public Works Director Zaitooni. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Presentation - 2003 Tennis Players of the Year - Jessica Polk and Anthony Benaglio. (Parks/Recreation Director Farmer) Jack Vincent, tennis coach, made these presentations. Presentation - Winners of the City of Ocoee's Holiday Light Decoration Contest. (Parks/Recreation Director Farmer) Parks/Recreation Director Farmer presented awards to the homeowners who won the Holiday Light Decoration Contest as follows: Third Place - John Dowler, 2543 Dovetail Drive Second Place - Dennis Harvey, 2714 Springfield Drive First Place - Jerry McRoberts, 849 Galit Lane Most Lights - Everette Eastham, Jr., 613 Aldama Court. COMMENTS FROM CITIZENS/PUBLIC Rosemary Wilsen, 1019 Shady Maple Circle, spoke regarding the proposed privatizing of the sanitation service, and encouraged citizens to contact their elected officials to express their views. Commissioner Johnson said he would be meeting with the Homeowner Associations in his district. Mayor Vandergrift announced the public hearing scheduled for this meeting had been cancelled and would be re-advertised for the February 3 meeting. Paul Winot, 240 S. Lakeshore Drive, complained of the condition of the brick streets and asked when something would be done about them. Each Commissioner in turn expressed their wish to see something done. Commissioner Parker asked that staffbe directed to get prices for fixing the brick streets vs nice pavement, and Commissioner Anderson said he would like to see the prices in stages. Mayor Vandergrift said that by chipping up the pavement he had been trying to show the city what was possible and wanted the city to take it up. Ocoee City Commission Regular Session January 6,2004 (Q)(Ri~\F1 Gary B. Howell, 6720 Lumberjack Lane, announced the Glad Tidings Church would be distributing free groceries Saturday morning from 9:00 to 12:00 behind the Kash 'N Karry Grocery and he invited all to come and see their new facility. Janie Tejera, 1400 Little Spring Hill Drive, described a situation at her house where her water meter is in the right-of-way and people have driven over it, breaking the water line on her side of the meter. This caused a very large water bill and she has been told she will be held responsible for it. She asked for the meter to be moved and for relief with the bill. Mavor Vander!!rift. seconded bv Commissioner Anderson. moved to direct staff to take care of this. Motion carried 5-0. Frances Watts, 43 Shell Key Court, complained about the yard trash pickup and said she was unhappy with the service Onyx provides. She said also she would not be pleased with a smaller garbage container if/when the city privatizes the sanitation service. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked if there would be further discussion tonight and he was advised this would be an advertised public hearing on February 3. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker announced the Citizens Police Academy begins Monday, February 9 and lasts eight weeks. She encouraged all citizens to take advantage of this free service. Mayor Vandergrift 1) Announced an invitation from the Orange County Public Schools to the City of Ocoee to attend the ceremony laying the foundation of the new high school Wednesday, January 14 at 10:00 a.m. 2) Directed attention to the prepared letters to the School Board regarding the naming of the school he had distributed for signatures and asked that the Commissioners return them to him for mailing. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, G, and H. Commissioner Anderson raised questions on items D and F to which staff responded. Commissioner Howell asked on item E whether there was money in the project funds rather than using contingency funds. City Manager Gleason said, as there was no one present from Finance Department due to illness, this would be clarified on Attorney Day, and a report provided why or where there is money available or if there are some legal issues involving litigation or impact fees and what they could be. Commissioner Anderson asked for a comprehensive plan regarding the medians. City Manager Gleason said one is in the process of being created now. Page 2 of7 Ocoee City Commission Regular Session January 6,2004 [g)~ffi\~ii Mavor Vander!!rift. seconded bv Commissioner Parker. moved to look into addinl! a median adootion orOl!ram to the Adoot-a-Road Prol!ram that is available to homeowner associations or other l!rouos to beautifv and work in coni unction with the standards the City sets. Motion carried 5-0. Commissioner Parker. seconded bv Commissioner Anderson. moved to aoorove the consent al!enda as oresented. Motion carried 5-0. ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE BOARD OF CITY COMMISSIONERS AND WILL BE ACTED UPON BY ONE MOTION, THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. A. Approval and Acceptance of Minutes of City Commission Regular Session of (a) December 2. 2003 and (b) December 16. 2003. (City Clerk Grafton) B. Approval and Authorization to Renew Contract with Louis Rotundo and Associates for Political Consulting Services for 2004. (City Manager Gleason) City Manager requests the City Commission renew the contract with Louis Rotundo and Associates for the calendar year starting January 1, 2004, through December 31, 2004. The proposed contract from Mr. Rotundo is for $40,000 with a travel and miscellaneous expense allowance not to exceed $2,000 for a total of $42,000. C. Approval and Authorization for Mayor and City Clerk to Execute Chanee Order No.8 with Ryan, Inc., Eastern for Maguire Road Improvements- Segments 1 and 2. (Public Works Director Wheeler) The change order covers additional work required by the City to complete the project and adjusts the final contract quantities to final out the project. This is the final change order on this project pending litigation between the City and Ryan, Inc., Eastern. Approval of Change Order No.8 with Ryan, Inc., Eastern reduces the contract amount by $96,519.45, with an increase in contract time of28 days. D. Approval and Authorization to Waive the Formal Bid Process and Accept the Lowest Quote for the Purchase of a New Tractor. (Deputy Public Works Director Zaitooni) The Public Works Department, Stormwater Section budget for FY 2003-2004 includes funds for a purchase of a replacement tractor with a side-arm mower for ditch mowing. Three (3) written quotes for the purchase have been submitted by the following: 1) Fields Equipment Company, $70.916,2) Cobb Tractor Company, $67.300, and 3) Robinson Equipment Company, $85.000. In order to meet the City's financing deadline and avoid substantial delays for a formal bid, staff is recommending waiver of the formal bid process and acceptance of the lowest quote from Cobb Tractor Company. E. Approval and Authorization of $10,000 from the General Fund Contingency, Commissioner Discretionary Funds, for the Re-Landscaping of the Medians on Maeuire Road, from Turnpike Overpass South to the End of Median. (Deputy Public Works Director Zaitooni) The Maguire Road median currently contains drought tolerant landscaping and, due to a combination of elements such as the type of plant used, poor preparation, and/or planting practice, and minimal maintenance, it has resulted in unacceptable rate of failure and unsightly conditions along this major entryway into the City. Therefore, a Page 3 of7 Ocoee City Commission Regular Session January 6, 2004 ))~b\~ij proposed landscaping with new plants, sod, and trees will need to be purchased and the cost is estimated at $10,000. F. Approval and Authorization for a Line Item Budget Transfer within the Human Resources Budget in the Amount of $2415.00 for the Purchase of an Identification Badee Svstem. (Human Resources Director Diedrich) The Identification Badge System presently used by the Human Resources Department for employee identification purposes is obsolete. The City's camera and lamination ID system, purchased in December 1997, no longer meets technological requirements necessary for our employees. The new system would make user-friendly PVC photo ID cards with magnetic strip coding providing acceptable information to other agencies and the public as well as allowing for future compatibility with access and payroll software enhancements. G. Approval and Authorization of Purchase of Laptop Computer for the Community Development Department Building Division Using Funds Budgeted in the Capital Outlay Fund. (Building Official Phelps) The proposed laptop computer would be initially used by Mr. Phelps to aid in research and development of laptop or hand held units to be used by the building inspectors in the field. H. Approval and Authorization to Expend and/or Donate Forfeiture Funds to Law Enforcement Related Uses/Charities. (Police Chief Goclon) Per Florida State Statutes 932.7055 ".. . any local law enforcement that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expand or donate no less than 15 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). The local law enforcement agency has the discretion to determine which program(s) will receive the designated proceeds." Chief Goclon' s staff report has provided a list of several law enforcement uses/charities they have chosen to expend and/or donate money. PUBLIC HEARINGS Mayor Vandergrift announced this public hearing had been cancelled and would be held February 3, 2004. Approval and Authorization for Mayor and City Clerk to Execute Interlocal Ae:reement with Oranee County for Collection and Disposal of Residential Solid Wastes. (Deputy Public Works Director Zaitooni) (STAFF RECOMMENDS TO BE CONTINUED TO FEBRUARY 3, 2004, REGULAR COMMISSION MEETING) OTHER BUSINESS Resolution No. 2004-01 - Professional Parkway/Old Winter Garden Road Improvement Project (Parcel 126). (Assistant City Attorney Doty) City Attorney Rosenthal read the title only of the Resolution. Assistant City Attorney Doty gave the staff report and background, advising there still may be a chance to purchase at a new appraised price (not yet received); however, in the event a voluntary sale cannot be negotiated it will then be necessary to acquire the Express Care right-of-way by filing a condemnation action. Ms. Doty recommended adoption of Resolution 2004-01, which authorizes the filing of a condemnation action, and rescinding the Commission's September 16,2003, approval of the Express Care acquisition agreement. Page 4 of7 Ocoee City Commission Regular Session January 6,2004 [QJ~~~Y Mavor Vander!!rift. seconded bv Commissioner Parker. moved to aDnrove Resolution No. 2004-0 I. authorizin!! execution thereof bv the Mavor and Citv Clerk and further authorizim! all necessary actions in order to nroceed to aCQuire the orooertv bv Quick take nroceedin~: and further exnressin~ this Commission's disoleasure in the outcome of the circumstances surroundin~ this situation with all that the Citv has ~iven the hosoital and donations made in kind worth millions of dollars and in waivin~ funds for them to ~et started. Motion carried.4-0. Commissioner Johnson was away from the dais. Mayor Vandergrift asked for a report on all the impact fees waived and other monies given to Health Central. Commissioner Anderson. seconded bv Commissioner Howell. moved to rescind the SeDtember 16.2003. Exnress Care aCQuisition a~reement. Motion carried 4-0. Mayor Vandergrift was away from the dais. City Manager Gleason asked for direction to bring back to the February meeting a proposal to do away with the exemptions to the traffic impact fees for the hospital. Without objection this direction was given. RECESS 8:46 - 8:56 P.M. Renewal of City Manaeer's Annual Contract. (Human Resources Director Diedrich) Human Resources Director Diedrich gave the staff report. No action was taken on this item. Approval and Authorization of a New Job Description for the Position of Multimedia/Community Events Manaeer. (Human Resources Director Diedrich) Human Resources Director Diedrich gave the staff report, explaining the change in the job description. Mavor Vander!!rift. seconded bv Commissioner Anderson. moved to aonrove the new iob descriotion for the oosition of Multimedia/Communitv Events Mana~er. Motion carried 5-0. THIS ITEM WAS TAKEN OUT OF AGENDA ORDER IMMEDIATELY FOLLOWING THE CONSENT AGENDA Discussion Re: Doss Property Purchase Agreement. (City Attorney Rosenthal) City Attorney Rosenthal gave the staff report. Mavor Vander!!rift. seconded bv Commissioner Anderson. moved to aonrove the Purchase A~reement with Richard A. Doss and Reba N. Doss and authorize execution thereofbv the Mavor and Citv Clerk. and further authorize the Mavor and Citv Clerk to si~n all closin~ documents and direct staff to obtain a survev and environmental site assessment with resoect to the nroDertv. Motion carried 5-0. Approval and Authorization of $200,000 from Stormwater Improvement Funds (312) and R & R Funds (105), for Improvement of the Stormwater System on McKev Street in Conjunction with the Revitalization Project. (Deputy Public Works Director Zaitooni) Page 5 of7 '))~~[Fir Ocoee City Commission Regular Session January 6, 2004 Deputy Public Works Director Zaitooni and Assistant to the City Manager Shira gave the staff report and background, explaining more funding was needed in addition to the $850,000 from the state in order to do the job effectively. Mrs. Shira discussed the meetings with HHI and said they will be present for the January 20 meeting with the plan for McKey Street. Mr. Zaitooni went into detail about the improvements needed. Commissioner Anderson. seconded bv Commissioner Johnson. moved to anorove the exnenditure of the additional $200.000 from Stormwater Imorovement Funds (Funds 312) at $70.000 and from the R & R Funds (Fund 105) at $130.000. for imorovement of the stormwater svstem on McKev Street in coni unction with the revitalization nroiect. contim!ent unon anoroval of the nlan. Motion carried 5-0. Discussion Re: Reeulation of Solicitors and Peddlers. (City Attorney Rosenthal) City Attorney Rosenthal gave the staff report and history. Commissioner Parker said she is concerned with people who are selling things and she wished to give staff direction to bring back an ordinance requiring anyone who is selling things to register. She does not wish to prohibit religious groups or political campaigning or canvassing, Commissioner Anderson said it would be possible to require a picture identification. Without objection, this direction was given. Discussion Re: Late Fee/Turn Off/Turn On Fee for Utilities. (Commissioner Howell) Commissioner Howell proposed reducing the late fee from $25 to $10 and the cut-offcut-off fees to $25. After vigorous discussion of the options Mr. Rosenthal said any changes made to those fees should be done by resolution and could be brought back to the January 20 meeting for approval. Commissioner Howell. seconded bv Commissioner Anderson. moved to direct staff to brim! back a resolution reducin!! the late fee to $10 and cut on fee to $20 and cut off fee to $20. Motion carried 5-0. STAFF REPORT City Manager Gleason 1) Reported the netting put up at Sorenson Field had not done the job expected and he asked Parks/Recreation Director Farmer to come into the room. Commissioner Howell said he would like to work with Mr. Farmer on a solution rather than address it at this time. Mayor Vandergrift suggested closing the fields to adults and going out for grants for the Coke property. 2) Thanked the Commission for taking no action on his contract. COMMENTS FROM COMMISSIONERS Commissioner Parker 1) Nominated. seconded bv Commissioner Anderson. Kurt P. Weeks. 707 Veronica Circle. 34761-2857 to serve on the new Landscane and Irri!!ation Committee. Motion carried 5-0. Page 6 of7 Ocoee City Commission Regular Session January 6,2004 [~ I) [R{ ffi\ ~ iF 2) Announced an invitation from the West Orange Chamber of Commerce Community Champion Gala January 30, 2004 at the Dolphin. Commissioner Parker. seconded bv Commissioner Anderson. moved to nurchase a cornorate table for $810. Motion carried 5-0. Commissioner Anderson announced the Science Fair at the Ocoee Middle School Wednesday at 5:30 p.m. Mayor Vandergrift I) Asked that Commissioners sign the letters and give them back to him before they leave. 2) Asked that citizens sign the petitions being circulated regarding the naming of Ocoee High School. Commissioner Johnson announced Orange County Public Schools ceremony to lay the foundation for the new high school on Wednesday, January 14 at 10:00 a.m. ADJOURNMENT The meeting adjourned at 10: 1 0 p.m. Attest: APPROVED: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Page 70f7