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HomeMy WebLinkAboutIII (A) Approval and Acceptance of Minutes of City Commission Regular Meeting of November 5, 2002 DRAFTAgtem III,daA1 - 002 I MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD NOVEMBER 5, 2002 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission Chambers at 150 N. Lakeshore Drive. Commissioner Parker led in prayer and Frances Watts led the Pledge of Allegiance to the Flag. City Clerk Grafton called the roll and declared a quorum to be present. PRESENT: Mayor Vandergrift, Commissioners Anderson (arrived at 7:20), Howell, Johnson. and Parker. Also present were City Manager Gleason, City Attorney Rosenthal, City Clerk Grafton, Community Development Director Wagner, Customer Service Supervisor Sills, Assistant Fire Chief Firstner, Fire Lt. Reed, Engineer/Paramedic Ellis, Firefighter Quinones, Human Resources Director Diedrich, Information Systems Director Ross, Police Chief Godon, Public Works Director Wheeler, and Parks/Recreation Director Farmer. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Fire Prevention Week—Poster Contest Winners (Lt. Mike Reed) Awards were presented to the 1'�, 2nd, and 3rd place winners of the annual contest conducted by the Fire Department for the fourth and fifth grades of the following elementary schools: Citrus, Central Florida Preparatory, Lake Whitney, Ocoee, Spring Lake, Thomebrooke, Victory Christian Academy, and Windermere. Immediately following the presentations a recess was called to provide a photo opportunity for the students, their parents and the elected officials. RECESS 7:30 P.M.— 7:45 P.M. NON-AGENDA ITEM Michael Miller, 1305 Ridgefield Avenue, thanked the Commission for hosting the boat races and reported they had presented the Woman's Club with $260 for letting them park RVs on their property. He said the Fire Department had run the concession stand, making over$1.000.which they put toward the burn camp and Relay for Life. Commissioner Anderson thanked Mayor Vandergrift for his participation in the event. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, and F. Commissioner Anderson asked whether the price of the fire station had been established. Assistant Fire Chief Firstner responded the base bid had been established with alternates listed separately so bidders will bid on those separately. Commissioner Anderson pulled item E for separate consideration. Regarding item F, Mayor Vandergrift asked how much more it would cost to include Maguire Road and the lakefront in the Christmas lights to be leased. Public Works Director Wheeler responded the price already includes Maguire Road and he was looking at spacing the lights differently this year. He expected that would probably allow the lakefront to he included as well. ri Minutes of Ocoee City Commission Regular Meeting D iR A J p November 5,2002 Both Mr. Wheeler and Mayor Vandergrift discussed the need for the lakefront lights to be smaller than the lights on the major roads and Mayor Vandergrift proposed adding the lakefront lights as a caveat to the agreement. avor Vandererift. seconded by Commissioner Anderson. moved to approve-items A B C D and F of the consent agenda with the caveat to include the lakefront lights in item F. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of October 15, 2002. (City Clerk Grafton) B. Approval and Authorization for Mayor and City Clerk to Execute a Non- Exclusive Temporary Easement Agreement with Marilyn E. Armstrong re Professional Parkway/Old Winter Garden Road Widening Project. (Assistant City Attorney Doty) Based on the Project design prepared by PFC, the City needs to acquire a Non- Exclusive Easement Agreement from Ms. Armstrong. Staff recommends payment of $250.00 to Ms. Armstrong to cover her costs in reviewing and executing the agreement. C. Approval and Authorization for Temporary Closing of Enterprise Street Bowness Road, and Oakland Avenue on December 7,2002,with a Rain Date of December 8, 2002, for the Christmas Parade. (City Manager Gleason) This closing from 11:30 a.m. to 3:30 p.m. is for the Ocoee Lions Club Christmas Parade which will take place at 1:00 p.m. The applicants have been advised that: (I) All businesses and residents that will be affected by the road blockage must be notified in advance; (2) Health Central Ambulance must be notified of the road closure in advance; and (3) Roads must be blocked with proper barricades. D. Approval and Authorization for an Invitation to Bid to be Advertised for the Specifications, Construction Drawings and Contract for the Construction of the Main Fire Station. (Fire Chief Strosnider) Staff requests also that all permit fees and impact fees be waived, with the exception of water and sewer impact fees for the project. E. Pulled by Commissioner Anderson for separate consideration. F. Approval and Authorization for Christmas Lights to be Leased from Clark Sales, Inc., Piggy-Backing on Winter Garden's Contract. (Public Works Director Wheeler) As in the past four years, Clark Sales.inc. has offered the same price per pole. For a total cost of$27,645, this includes the decorations, installing, maintaining, and removal of the lights. THIS ITEM CONSIDERED SEPARATELY. After a brief discussion, Commissioner Parker seconded by Commissioner Howell moved to anorove Commissioner Johnson's membership in the West Orange Committee of One Hundred and One, and authorize the completion of the application and payment of the annual dues in the amount of$250 from Legislative Budget-Professional Dues. Motion carried 4-1 with Mayor Vandergrift voting no. E. Approval and Authorization for West Orange Committee of One Hundred and One Membership for Commissioner Johnson. (City Manager Gleason) Page 2 of 6 Minutes of Ocoee City Commission Regular Meeting DRAFT November 5,2002 As representative of the City of Ocoee on the West Orange Chamber of Commerce Board of Directors for the year 2003, Commissioner Johnson has been invited to join the West Orange Committee of One Hundred and One. Approval of this item authorizes the completion of the application and payment of the annual dues in the amount of$250.00 from Legislative Budget-Professional Dues. NON-AGENDA EMERGENCY ITEM Mayor Vandergrift declared the adoption of Resolution No. 2002-22, Transfer of Time Warner Cable Franchise, to be an emergency item, as it had been inadvertently left off the agenda. RESOLUTION NO. 2002-22, TRANSFER OF TIME WARNER CABLE FRANCHISE AND FRANCHISE AGREEMENT FROM TIME WARNER ENTERTAINMENT- ADVANCE/NEWHOUSE PARTNERSHIP, D/B/A/TIME WARNER COMMUNICATIONS, TO TWEAN SUBSIDIARY, LLC. (Assistant to City Manager Shira) City Attorney Rosenthal read the title only of the Resolution. Special Counsel Eckstine said he had reviewed the documents pertinent to the approval of this transfer and found that the transfer application substantially complied with the requirements of the City Code, that the proposed transferee has the legal, financial and technical capacity to operate the system, and that operation of the system by the proposed transferee would not adversely affect cable services to subscribers or otherwise be contrary to the public interest. Accordingly,he had prepared this Resolution for consideration at this time. Diane Pickett Culpepper announced this is just a name change and all the people will he the same and will be operating with a stronger customer service focus. Commissioner Anderson seconded by Commissioner Parker,_moved to_ado nt Resolution No. 2002-22, approvin _tthe transfer of a Franchise and Franchise Agreement from 'lime Warner Entertainment-Advance/Newhouse Partnership d/b/a Time Warner Communications to f WEAN Subsidiary. LLC Motion carried 5-0. COMMENTS FROM CITIZENS/PUBLIC There were no citizen comments at this time. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Anderson announced the Christian Service Center and Palm Tree Computers are partnering with the City to have a canned/dry-food drive in competition with the City of Oviedo just as they did last year and he asked citizens to support the drive. Commissioner Howell thanked Streets and Stormwater Supervisor Elmore and his department for their help with his church's Halloween program. Commissioner Johnson announced the passing of former Commissioner Vern Combs, who had served the citizens of Ocoee for many years, and Mrs. Butler, who had touched the lives of so many youths while working with her husband. Page 3 of 6 Minutes of Ocoee City Commission Regular Meeting D Q ❑ T November 5,2002 Commissioner Parker said she had attended the unveiling of the Science Center's City of Wonders and found it to be very interesting. She recommended parents take their children to see this excellent learning experience. Mayor Vandergrift 1) Announced the Veterans' Day Program to be held at the Gazebo on November 11 at 1 1:00 a.m. 2) Reported receiving correspondence from FDOT announcing a public information meeting on Tuesday, November 12, 2002,beginning at 6:00 p.m. at the Citrus Elementary School regarding SR 438 studies to consider the widening of Silver Star Road from Dillard Street in Winter Garden to Clarke Road in Ocoee. 3) Noted that the Orange Peal, a publication for the employees of Orange County Public Schools, had an article about the City of Orlando awarding grants totaling $56,500 to seven Orange County schools. He said he had asked Assistant to the City Manager Shim to look into the City of Ocoee's providing such grants. 4) Called attention to petitions created by the Ocoee Alumni Association to he presented to the School Board regarding naming the new high school on the Coke property Ocoee I ligh School. He asked that interested parties sign the petitions which will be in the keeping of the City Clerk's office. 5) Commented on items coming up later on the agenda; i.e., the city logo (seal?) —he felt it may be a violation of the corporation papers to change it to the other one as opposed to the corporation. Regarding the water service fees, he stated he felt the $25 late fee was too high and possibly a percentage charge of the late amount would work better. Mayor Vandergrift handed the gavel to Mayor pro tern Anderson and left the meeting to travel to Nashville. PUBLIC HEARINGS There were no public hearings scheduled. OTHER BUSINESS FIRST READING OF ORDINANCES.Second Reading and Public Hearing November /9, 2002 at 7:15 p.m. ORDINANCE NO. 2002-24, AMENDING CHAPTER 38 OF THE CODE RE THE LOCATIONAL REQUIREMENTS GOVERNING THE SALE OF ALCOHOLIC BEVERAGES. (Community Development Director Wagner) This Ordinance was prepared in response to Commission direction to prepare changes to requirements governing the sale of alcoholic beverages and it exempts certain businesses from the 1,000 foot requirement no matter where they are located within the City. City Attorney Rosenthal read the title only of the Ordinance. Mayor pro tern Anderson announced the time and date of the second reading and public hearing would be November 19, 2002, at 7:15 p.m. ORDINANCE NO. 2002-25, AMENDING THE GENERAL EMPLOYEE PENSION TRUST FUND. (Human Resources Director Diedrich) This Ordinance amends the General Employees' Retirement Trust Fund in order to bring the plan into compliance with the Economic and Tax Relief Reconciliation Act of 2001 and to allow prior Page 4 of 6 Minutes of Ocoee City Commission Regular Meeting DRAFT November 5,2002 service buy-back opportunities in the plan. Actuarial review of these amendments by the plan's actuary, Foster& Foster, indicate that the changes will not impact City funding. City Attorney Rosenthal read the title only for the first reading and Mayor pro tem Anderson announced the time and date of the second reading and public hearing to he November 19.2002 at 7:15 p.m. RESOLUTION NO. 2002-21 AMENDING RESOLUTION NO. 2001-06 REGARDING CITY COMMISSION NON-LOCAL TRAVEL POLICY. (City Attorney Rosenthal) This Resolution amends Resolution No. 2001-06 in order to address procedures for reimbursement to the City of expenses charged by elected officials to a City credit card which are not properly documented by completion of a 'I'ravel expense Report or which are otherwise not eligible for reimbursement under the provisions of the City Commission Non-Local 'I ravel Policy. Provisions are made for deductions from the elected officials monthly stipend and from the monthly installment of the annual salary if the required reimbursement exceeds the monthly stipend. In addition, the policy is clarified with respect to the requirement to submit lodging receipts in connection with the completion of the Travel Expense Report. City Attorney Rosenthal read the title only of the Resolution. Former Mayor Lester Dabbs, 619 Caborca Court, addressed the Commission suggesting that, while they are revising the Travel Policy anyway, this would be a good time to remove the spouses' travel from the Policy and, also, there should he some sanction applied when a credit card is misused. R. P. Mohnacky, 1820 Prairie Lake Blvd., said the Commission could get information from the broadband TV rather than spend so much money on trips. Michael Miller, 1305 Ridgefield Avenue, spoke in support of the elected officials and said he knew there had been no misuse of the credit cards, as he had traveled with them. Frances Watts, 43 Shell Key Court, spoke in support of the elected officials. Commissioner Howell said he had listened to the comments for several meetings, hut no one had addressed him directly, and he felt they should have rather than lamblast the whole Commission. He said he had used his card incorrectly in error and it had been straightened out. Commissioner Parker seconded by Commissioner Howell, moved to adopt Resolution No. 2002-21 amending the City Commission Non-Local Travel Policy. Motion carried 4-0. Mayor Vandergrifl was not present. DISCUSSION RE WATER SERVICE FEES. (Commissioner Howell) After discussion, without objection, the Commission asked for a report after the new fees have been in place for 90 days and, also, Commissioner Anderson proposed initiating a program to encourage those who have been charged the late fee to use the check/debit system to pay their bills automatically, in order, after a year of timely payments, to he refunded their late fee that was charged. Page 5 of 6 Minutes of Ocoee City Commission Regular Meeting DRAFT November 5,2002 R. P. Mohnacky asked that the structure of the bill be explained and Customer Service Supervisor Sills responded. DISCUSSION RE THE CITY LOGO AND THE OFFICIAL CITY SEAL(City Clerk Grafton) City Clerk Grafton proposed adopting the new logo, but,instead of creating an official city seal with the new logo on it, returning to the original city seal that was in use from 1925 until 1986 and retired at that time when the current seal was created. Commissioner Johnson seconded by Commissioner Howell, moved to direct staff to draw up an ordinance adontin_ the oripinal corporate seal used from 1925 to 1986 and authorizing its use as the official city seal. Motion carried 4-0. Mayor Vandergrift was not present. City Attorney Rosenthal explained the statutory protection of the current seal that would no longer be in effect once it has been retired from service. Commissioner Johnson, seconded by Commissioner Howell, moved to sell the retiring logo and seal to the Ocoee Historical Commission for $1.00. Motion carried 4-0. Mayor Vandergrift was not present. STAFF REPORTS City Manager Gleason said there had been discussion regarding the recreation needs in the community and, if it was the wish of the Commission to take the issue to referendum in March. he would have staff put together a plan and price for parks and playing fields for softball, baseball, football, soccer. etc. Mayor pro tem Anderson said the Recreation Advisory Board had discussed meeting jointly with the City Commission on recreation issues and such a plan would be timely. COMMENTS FROM COMMISSIONERS Commissioner Howell—no comments. Commissioner Johnson—no comments. Commissioner Parker—no comments. Mayor pro tern Anderson - Reported a call-in message from Pablo Quinones expressing his opinion regarding the elected officials' use of credit cards, and saying he would prefer the Commission reschedule their meetings that fall on election dates. - Announced again the drive for canned and dry foods benefiting the Christian Service Center. ADJOURNMENT The meeting adjourned at 9:02 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Page 6 of6