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HomeMy WebLinkAboutV (A) Approval of City Commission Regular Meeting of Minutes of July 15, 2003 Agenda 8-05-2003 p I? S•' Item V A rL MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD JULY 15,2003 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:20 P.M. in the Commission Chambers and called for a moment of silent prayer. Frances Watts led the Pledge of Allegiance to the Flag. City Clerk Grafton called the roll and declared a quorum present. PRESENT: Mayor Vandcrgrift, Commissioners Anderson, Howell, Johnson, 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, Customer Service Supervisor Sills, Finance Director Horton, Finance Supervisor Caner, Parks/Recreation Director Farmer, Police Chief Goclon, Public Works Director Wheeler, and Consultants: Ken Hooper with Professional Engineering Co., Mike Burton with Burton and Associates (Rate Consultant), and Mark Galvin with First Southwest Company (Financial Advisor). ABSENT: None PRESENTATIONS AND PROCLAMATIONS Presentation — Ocoee Education Commission for Participation in The Foundation for Orange County Public Schools. (Chairman Morris and Member Koch) David Morris, Chairman of the Ocoee Education Commission, introduced other members present, Debra Booth and Mike Kliewer, and presented a proposal which provides that the Education Commission will participate in The Foundation for Orange County Public Schools and would establish a fund for the 14 public schools that service Ocoee. Heidi Koch described the Bucks for Books program, which was a part of the proposal, and asked the Commission to allow them to come back at the August 56 meeting for authorization to move forward with this proposal. Commissioner Anderson rcad an e-mail message from Bruce Dunford, 968 Hawthorne Cove Court, asking if the 14 schools included magnet schools as well. Mrs. Booth responded she thought not. Proclamation —National Night Out—August 5, 2003 Mayor Vandergrift read the Proclamation and presented it to Police Chief Goclon. COMMENTS FROM CITIZENS/PUBLIC Frances Watts, 43 Shell Key Court. spoke about the needy people here and encouraged all to support the Christian Service Center. Max Jacobs, 2247 Mountain Spruce Street, commented on the Civility Code recently adopted by this Commission and said some of the material left on the table for citizens to review violated items 7 and 8 of that Code. Commissioner Parker responded that all of those are public records and one of the items on the table was supposed to be attached to another item that did not make it to the table. Ocoee City Commission Regular Meeting t_ (� July 15,2003 W ,✓I COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker 1. Regarding a question raised about the school bus route issue at the Reserve, she asked the man who raised the question to call her as she had misplaced his number. 2. Announced a Sawmill Homeowner Association meeting August 7th at the Clareona Community Center. 3. Will be contacting Prairie Lake Homeowner Association to set up a meeting, possibly next week. 4. August 50' the Police Department, Firefighters Union, School Nurses, and Rotary Club of Ocoee are collaborating to celebrate National Night Out at Palm Drive Park 5:30 to 9:30 p.m. 5. New stop signs have been placed on Hackney Prairie Road at the entrances to Remington Oaks. Commissioner Johnson announced Founders' Day to be held Saturday, October 18. Mayor Vandergrift announced he had joined the Lakewatch group and reported the City's lakes are tested regularly and are in good shape. CONSENT AGENDA The consent agenda consisted of items A, B, C, D. E, and F. 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 he 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 he considered separately. Commissioner Anderson pulled item D for some questions. City Manager Gleason pulled item F for corrections. Commissioner Anderson seconded by Commissioner ohnson moved to approve items A 13 C, and E of the consent agenda as presented. Motion carried 5-0. A. Approval and Acceptance of City Commission Special Session Minutes of May 12, 2003, Work Session Minutes of May 12,2003, and Regular Meeting Minutes of July 1, 2003. (City Clerk Grafton) B. Approval and Authorization for Temporary Closing of Floral Street,for a Church Carnival. (Building Official Phelps) The event will be held August 2, 2003, from 10 a.m, to 2 p.m. The following requirements will be met: (I) All residents that will be affected by the road blockage must be notified in advance, (2) Health Central Ambulance must he notified of the road closure in advance, (3) An emergency lane must be maintained at all times, and (4) Roads must be blocked with proper barricades. C. Approval and Authorization for Mayor and City Clerk to Execute the Contract With DHI for the McKey Street Improvements not to exceed $850,000. (Assistant to the City Manager Shira) 2 Ocoee City Commission Regular Meeting IAA July 15,2003 JiJ \ l� This contract with HHI is for services related to the design and construction of various improvements in the downtown McKey street area. The $99,600 is reimbursable under the joint participation agreement with FDOT, which the city commission approved last month. D. This item was pulled for separate consideration. See below. E. .OLD WINTER GARDEN ROAD WIDENING PROJECT: PROPOSED SETTLEMENT WITH 'I HE USMANI FAMILY, LLC (PARCELS 109 AND 707) (ASSISTANT CITY ATTORNEY Donn) Based on the Project Design prepared by PEC for the Old Winter Garden Widening Project, the City needs to acquire Parcels 109 and 707 from the Usmani Family, LLC. The Usmani Family, LLC. have agreed to convey these interests to the City for $27,545.26. F. This item was pulled for separate consideration—See below. Commissioner Anderson raised several questions regarding item D, to which Assistant City Attorney Doty responded. Public Works Director Wheeler said in his calculations for item F he had reversed the figures for the percentage of the shares and the projected costs. (Those corrections are shown below with strikethrough for the errors and the correct figures underscored.) Mayor Vandergrift asked several questions, to which Mr. Wheeler responded. Commissioner Anderson seconded b Commissioner Parker, moved to approve items D and F of the consent aeenda as recommended by staff Motion carried 5-0. D. Approval and Authorization for the Mayor and City Clerk to Execute the Purchase Agreement with Richard and Mary Bruce(Parcels 113 and 711) (Assistant City Attorney Doty) Based on the Project Design prepared by PEC for the Old Winter Garden Road Widening Project, the City needs to acquire Parcels 113 and 711 from Richard and Mary Bruce. The Bruce's have agreed to convey these interests to the City for $27,591.00. F. Progress Energy Upgrades on Old Winter Garden Road and Professional Parkway. (Public Works Director Wheeler) The City of Ocoee is in the process of finalizing the design plans for the improvements to Old Winter Garden Road and Professional Parkway. As a part of those improvements the City will be impacting some underground facilities located in a private right-of-way (ROW) owned by Progress Energy, requiring Progress Energy to relocate its above ground facilities throughout most of the project area, and replacing some aboveground facilities in another portion of the project area. Staff recommends: • Accept the proposal for the modifications as required within the Progress Energy ROW to relocate their facilities to conflict with the roadway improvements for the cost of $43,072.32 and authorize staff to execute the documents with Progress Energy. These costs would be split between Ocoee and Orange County in the 46/51W.. 54/46% respective share arrangement. 3 Ocoee City Commission Regular Meeting 2, J Lj- F 7 July 15,2003 • Authorize staff to proceed with the proposal to have Progress Energy install concrete, instead of wooden, poles throughout the project limits for the amount of $54,324.43 and authorize staff to execute the documents with Progress Energy. This cost would be paid entirely by Ocoee. • Authorize staff to proceed with the proposal to have Progress Energy install the black "deco roadway" fixtures on the distribution poles and install additional concrete poles for the remainder of the light poles for the not to exceed amount of$55,000 and authorize staff to execute the documents with Progress Energy. This cost would be paid entirely by Ocoee. The total cost for all three proposals is $152,396.75. The breakdown is: Orange County's share - approximately $23,259.05 $19.813.27, and Ococe's share - $129,137.70 $132,583.28, to be paid from Transportation Bond Funds earmarked for the Old Winter Garden Road/Professional Parkway Roadway Improvements Project. PUBLIC HEARINGS Second Reading of Ordinances. (Public Works Director Wheeler) Ordinance No. 2003-24, Repealing/Replacing Articles I, II, and III of Chapter 173; Revising and Increasing Sewer and Water Rates and Charges. City Attorney Rosenthal read the title only of the Ordinance for the second reading and public hearing. Mayor Vandergrift asked staff to introduce themselves so the public could know to whom they were listening in this presentation, and then he described the procedure to be used in this public hearing. Public Works Director Wheeler discussed the proposed changes to the rates in the water and sewer utility funds, describing the methods used to arrive at the figures presented, and pointing out the need to conserve water due to the threat of a fine to be imposed by St. Johns River Water Management District. Finance Director Horton described the Enterprise Fund, explained its function and reviewed its condition. She said if the negative trend continues the way it is going the City will be in violation of its existing bond covenants, and this would put the City in a position to lose its current A credit rating and increase the cost of future funding. Mr. Burton reviewed the rate study and described two options presented for consideration, Option A and Option B. The public hearing was opened and the following citizens made statements or asked questions: Eduardo DeAguilera, 6925 Log Jam Court Terry Walden, 600 Statenville Lloyd Reid, 1142 Coastal Circle Daniel Ramir,2431 Alclobe Circle Daniel Kaufman, 2321 E. II. Pounds Drive Harry Lipton, 1684 Sparkling Water Circle R. P. Mohnacky, 1820 Prairie Lake Boulevard Andy Anderson, 2438 Alclobe Circle Martha Lopez-Anderson, 2438 Alclobe Circle, had sent a proposed rate schedule to the elected officials and staff before the meeting and Mayor Vandergrift asked her to present it to the audience as well, which she did. She displayed the rates, comparing them to Apopka and Winter Garden rates, and then discussed the need to reduce consumption. 4 rA Ocoee City Commission Regular Meeting ' t� L- n July 15,2003 Jose Iglesias, 400 Misty Meadow Drive J. Lester Dabbs,Jr., 619 Caborca Court Rosemary Wilscn, 1019 Shady Maple Circle Rob McKey, 1110 Wineberry Court Mayor Vandergrift asked Mr. Burton if he could run the figures provided by Mrs. Lopez- Anderson and he responded that he could but not right now. RECESS 10:10— 10:25 P.M. Upon reconvening, staff responded to the questions raised by the citizens and then to questions from the Commission. Commissioner Parker. seconded by Commissioner Johnson moved to amend Ordinance No. 2003-24 to change the water/sewer rate structure to Option B presented by staff. which would include the combination of the nroposed customer chant and the base facility charpe into one charge, to re-notice that proposed rate in the amended ordinance to the utility customers through the utility billing process and continue the public hearing to the next City Commission meeting. August 5. 2003 at_--7.15 p.m, in the Commission Chambers. Motion carried 3-2 with Mayor Vandergrift and Commissioner Howell voting no. Commissioner Anderson read 4 c-mails he had received during the discussion from Jeff Courterier, The Emricks, Lisa Alicea, and Steve Johnson, and staff responded to their questions. Commissioner Parker seconded by Commissioner Anderson. (referring to Chanter 173-4.B. moved to amend Ordinance No. 2003-24 by changing the second sentence of section B which reads "All billings for water and sewer charges shall be due and payable on theme day of the month." back to the language currently in the Code which is "All billings for water and sewer char es shall be due and payable fifteen calendar days after the dateof the billing." Motion carried 5-0. Mayor Vandergrift said he would like to see this be a policy rather than an ordinance. Commissioner Parker said she would like to have the wording on the bills indicate "If paid by X date the amount you should pay is $X, and if paid after that date the amount you should pay is $Y" in order to do away with the confusing language regarding the late payment fee versus cut- off dates. Commissioner Parker seconded by Commissioner Anderson. moved to continue the public hearing on Ordinance No. 2003-24 to August 5 2003, City Commission meeting at 7:15 p.m.or as soon thereafter as practical and direct staff to send a notice of the proposed increase and the ordinates amended to each utility customer through the utilities billing process in accordance with t quirements of Florida Statutes. Motion carried 5-0. Mr. Rosenthal added that nothing precludes this Commission from an amendment which establishes a lower rate as suggested by the Mayor earlier. 5 Ocoee City Commission Regular Meeting DRAFT' July IS,2003 Public Works Director Wheeler advised another amendment was needed for Ordinance No. 2003-24 as the 3% increase had been calculated on both the base rate and the volumetric and the words "on the base rate" had been inadvertently omitted from the draft of the ordinance. ommissioner Anderson. seconded by Commissioner Parker_ moved to reopen the public hearine_on Ordinance 2003-24 in order to consider an additional amendment. Motion carried 3- 0. Mayor Vandergrift and Commissioner Johnson were away from the dais. RECESS 11:511-11:54 P.M. Commissioner Anderson moved to amend Ordinance No. 2003-24 by amending Section 173- 4.F. in order to add the words "base facility charge and" so that it will read "Effective October 1, 2004 the base facility charge and volumetric (gallons) charges for water and sewer service set forth in § 173-4(A) above shall automatically increase by the greater of three percent(3%) or the percentage increase in the Consumer Price Index as published by the U.S. Department of Labor Statistics from January 1 to December 31 of the previous calendar year. This increase will apply to all bills issued after October I of each year without regard to the date of the meter reading." This motion died for lack of a second. Mayor Vandergrift, seconded by Commissioner Parker moved to continue the public hearing on Ordinance No.2003-24 to August 5, 2003, City Commission meetint at 7:15 am., or as soon thereafter as�ractical, and direct staff to send a notice of the proposed increase and the ordinance as amended to each utility customer through the utilities billing process in accordance with the requirementss of Florida Statutes. Motion carried 5-0. After the public hearing on Ordinance No. 2003-25 was opened and continued to August 51" (see below), Commissioner Parker seconded by Commissioner Anderson moved to reopen this public hearing on Ordinance No 2003-24 to consider an additional amendment Motion carried 3-2 with Commissioner Howell and Commissioner Johnson voting no. Commis ioner Parker, seconded b Commi sioner Anderson, moved to amend Ordinance tx off. 003-24 by amending Section 173-4.F. in order to add the words "base facilit charms so that it will read "Effective October 1. 2004, the base facility charge and volumetric (gallonsl charges for water and sewer service set forth in§ 173-4(f) above shall automatically increase by the greater of three percent (3%) or the percentage increase in the Consumer Price Index as published by the U.S. Department of Labor Statistics from January 1 to December 31 of the previous calendar year. This increase will apply to all bills issued after October 1 of each year without regard to the date of the meter reading " Motion carried 4-I with Mayor Vandergrift voting no. Commissioner Parker seconded b Ma 'or Vandergrift moved to continue the nublic hearing on Ordinance No. 2003-24 to August 5 2003 City Commission meetiny at .m., or as soon thereafter as,raactical_and direct staff to send a notice of the proposed increase and the ordinance as amended to each utility customer through the utilities bilingp�ss in accordance with the requirements of Florida Statutes Motion carried 5-0. 6 Ocoee City Commission Regular Meeting July 15,2003 Ordinance No. 2003-25, Amending Chapter 174 of the Code Relating to Reclaimed Water. City Attorney Rosenthal read the title only of the Ordinance and there was discussion regarding the amendments contained therein. The public hearing was opened, and there were no comments made at this portion of the public hearing. ayor Vanderzrift seconded by Commissioner Anderson moved to continue the public hearing on Ordinance No. 2003-25 to the August 5 2003 City Commission meetin at 7:15 .m. or as soon thereafter as nractical, in the City Commission Chambers. Motion carried 5-0. (it was at this point in the meeting that Commissioner Parker moved to reopen the public hearing on Ordinance No. 2003-24 as recorded above and made the motion regarding 3% on the base facility charge.) Resolution No. 2003-17, Relating to Reclaimed Water Rates. City Attorney Rosenthal read the title only of the Resolution and announced this was not a public hearing. Commissioner Anderson, seconded b Commissioner Parker, moved to amend Exhibit A to Resolution No. 2003-17 to substitute Option B Reclaimed Water Rate Structurepresentedby staff which would include the elimination of the customer charge. Motion carried 4-1 with with Mayor Vandergrift voting no. Commissioner Anderson, seconded by Commissioner Parker, moved to continue consideration of Resolution No. 2003-17 to the Au ust 5 2003 City Commissions meetiiw following consideration of Ordinance No. 2003-25 and to direct staffJprovide notice of the proposed Reclaimed Water Rates as set forth in the Resolution f as amended) to utilities customers through the utilities billing process in accordance with the requirements of Florida Statutes. Motion carried 5-0. OTHER BUSINESS Appointments to Citizen Advisory Council for Ocoee Police Department. (City Clerk Grafton) According to the staff report there were two positions to he tilled; however, due to a miscommunication,a total of three appointments were made. Commissioner Parker said the husband and wife team who own a business here in Ocoee should be considered one seat filled for the CACOPD and proposed Art and Marge Johnstone be considered for one scat as owners of Ocoee Tire Company. Commissioner Anderson.seconded by Commissioner Parker, moved to agnoint Art and Marge Johnstone of Ocoee Tire to fill one seat with a term ending February 12006 Motion carried 4-1 with Mayor Vandergrift voting no. Mayor Vandergrift said this may not be in the CACOPD by-laws and someone should check into that. 7 Ocoee City Commission Regular Meeting n if� L July 15,2003 Commissioner Anderson, secpndesl b 'ommissiuner Parker moved to annoint Dewavne Cool_c_ppd Amber Hart to serve a term ending February 1 2006.. Motion carried 4-0. Commissioner Howell was away from the dais. Appointment to METROPLAN ORLANDO Citizens' Advisory Committee. (City Clerk Grafton) As Mr. Milton West had submitted his resignation effective immediately from a term which ends February 2006 on Metroplan Orlando, Commissioner Anderson seconded by Commissioner Parker,moved to appoint Debra Booth to finish the term. Motion carried 4-0. Commissioner Howell was away from the dais. STAFF REPORTS City Manager Gleason said he had received the appraisal of 9°i Avenue and asked if the Commission wished to have this proposed condemnation on the August 5th meeting agenda. He was directed to do so. COMMENTS FROM COMMISSIONERS Commissioner Anderson read an e-mail from Robert Wagner saying a friend had expressed concern over the atmosphere at the West Oaks Mall as she felt unsafe there. He said this has been a topic of conversation for some time now and it was time to do something about it. City Manager Gleason said Chief Goclon and Community Development Director Wagner are researching this issue with other malls in Florida and some meetings will be scheduled with the mall management to see what call be done. Mayor Vandergrift I. Said the state has signs marking the points of the medians and he has asked that something similar be done by the City. Some have been marked with paint, but not all, and those left unmarked present a hazard to travelers in rainy weather. He wanted to ask the state for permission to put the street signs on top of those markers. He said also the Welcome to Ocoee sign at Clarke Road/Highway 50 intersection is too small to see. 2. Said he would like to see an advisory board set up for trails and bikeways and Rob McKey has volunteered to he on it. Commissioner Parker suggested the Parks/Recreation Board could do that. ADJOURNMENT The meeting adjourned at 12:28 a.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 8