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HomeMy WebLinkAbout02-06-96 . . . MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD FEBRUARY 6, 1996 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commiSSIOn chambers. Roger Mills, Church of Christ of Ocoee, led in prayer and Hilda Ems led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, City EngineerlUtilities Director Shira, Personnel/Employee Relations Psaledakis, Administrative Services Director Beamer, Police Chief Mark, Fire Chief Strosnider, Supervisor Elmore, and City Clerk Grafton. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift proclaimed February 1996 to be Volunteer Appreciation Month. CONSENT AGENDA Mayor Vandergrift. seconded by Commissioner Gleason. moved to approve the consent agenda as presented. Motion carried 5-0. A. Approval and acceptance of Minutes of City Commission Ree:ular Meetings of December 19. 1995 and January 3. 1996. B. Approval and Authorization to Extend the Existing Contract with PSI to extend the Monitoring Proe:ram for Forest Lake Golf Course Load Test Study to September 1996 for a not-to-exceed additional amount of $2.000. also. to Conduct Hvdroe:eologic Seryices at the A.D. Mims Treatment Plant for a not-to-exceed amount of $5.065. C. Approval and Authorization for Mavor and Citv Clerk to execute Reflections Unit Three Final Plat and Approval of Developer and Homeowners Association Ae:reement for Upe:raded Street Lie:hting. D. Approval and Authorization for Mayor and City Clerk to execute Preventative Maintenance Agreement with General Proiection Systems. Inc. for Audio-Visual Equipment. E. Approval and Authorization to record Notice of Termination of Temporary Easement Related to Clarke Road. COMMENTS FROM CITIZENS/PUBLIC Mr. Charles Olds, Cub Scout Pack 217, Ocoee Elementary, distributed invitations to the February 25, 1996 Blue and Gold Banquet. Non-Ae:endaed Item Mayor Vandergrift called attention to City Attorney Rosenthal's memorandum that had been distributed regarding the Employee Committee and asked Mr. Rosenthal to address the issue. Mr. Rosenthal said he had been asked by City Manager Shapiro whether the Employee . Ocoee City Commission Regular Meeting February 6, 1996 Committee would be subject to the Sunshine Law and it was his preliminary opinion that it would be, as it was his understanding that the Committee would serve as an advisory board to the Commission. Discussion followed regarding the purpose and design of the Committee and the need for training/coaching to enable the Committee to function most effectively. Consensus was reached that the Employee Committee should serve as employee representatives to the City Manager rather than the City Commission and that a coach should be engaged. OTHER BUSINESS First Reading of Ordinance No. 96-01. relating to Road Impact Fees. Second Reading and Public Hearing scheduled/or February 20,1996. City Attorney Rosenthal read this Ordinance by title only. Mayor Vandergrift announced the time and date of the second reading to be February 20, 1996. Resolution No. 96-04 adoptin!! a new Disaster Preparedness Plan. City Attorney Rosenthal read this Resolution by title only. Fire Chief Strosnider presented the staff report and explained that the present Disaster Preparedness Plan was outdated. Therefore, staff had modified it to meet the standards of Orange County Emergency Management, and updated all applicable information. Staff recommended that Commission approve the new Resolution adopting a new Disaster Preparedness Plan and repealing Resolution 90-1 7. . Commissioner Gleason. seconded by Commissioner Johnson. moved to approve the new Resolution repealing Resolution 90-17 and adopting a new City of Ocoee Disaster Preparedness Plan as recommended by staff. Motion carried 5-0. Purchase of Land for Clarke Road Station in District 4 Impact Fee Area. Fire Chief Strosnider presented the staff report and explained that after a review of the fee structures and additional annexations, Ordinance 89-47, which established the Fire Impact Fee was repealed and Ordinance 91-91, establishing four separate impact fee areas was adopted, allowing the Fire Department to serve the growth of the City with the shortest response time that would be acceptable to maintain the Department's 1.S.0. rating. A site that was more centrally located than the Adair Street Station and more efficient was found on the Clarke Road corridor. After several discussions with Silvestri Investments of Florida, Inc., a site on Clarke Road at Street A was agreed upon. The acreage is 2.06, including the necessary on-site drainage. The Department feels this location is better suited to serve the growth area to the north, east and south and still serve the existing Adair Station area equally. Staff recommended that the City authorize staff to negotiate with Silvestri Investments of Florida, Inc. for the purchase of this 2.06 acre tract for the District Four Fire Station. Commissioner Gleason. seconded bv Commissioner Johnson. moved to authorize staff to negotiate with Silvestri Investments of Florida. Inc. for the purchase of this 2.06 acre tract for the District Four Fire Station. Motion carried 5-0. . 2 . . . Ocoee City Commission Regular Meeting February 6, 1996 Juvenile Curfew Issue. City Attorney Rosenthal explained that in the event Commission was interested in pursuing the adoption of a juvenile curfew ordinance, it was first recommended that the City assess its juvenile crime problem as well as its juvenile victimization crime in terms of frequency and location. Based upon such assessment, Commission should determine whether there is a compelling interest in adopting a juvenile curfew ordinance either citywide or in a specific geographical area within the City. If Commission finds that there is a compelling interest to adopt an ordinance, then it would be recommended that a draft ordinance be prepared for review and comment by Commission and staff. After receipt of such input, an ordinance could then be finalized for a public hearing and formal consideration by Commission. Chief Mark displayed a map dividing the City into four separate zones and asked if he could designate an area for a curfew for a few weeks. City Attorney Rosenthal said that the City needed to be careful about the possible publicity that may arise. Mrs. Frances Watts, 43 Shell Key Court, expressed concern that if the City was going to saturate one place with police officers, the kids would move somewhere else, but that she was for the curfew. Mayor Vandergrift announced, without objection, that he would table the issue until Chief Mark could pull statistics together. Mayor Vandergrift announced that Ron Cox was present with the West Orange Production Studios to broadcast the meeting. RECESS 9:00 p.m. - 9: 15 p.m. Proposal bv McDirmit. Davis. Lauteria & Comoany for Audit of City Manaeer's Travel and Credit Card Expenditures. Director of Administrative Services Beamer presented the staff report and explained that at its special meeting on January 18, 1996, Commission requested a proposal from the City Auditors McDirmit, Davis, Lauteria & Company, P.A. for an audit of the City Manager's travel and credit card expenditures for the last five years. Based upon his cursory review of the existing files, Mr. McDirmit quoted a not-to-exceed cost of $3,200; this would be the maximum cost should the outlined procedures be acceptable. Mayor Vandergrift. seconded by Commissioner Glass. moved to employ McDirmit. Davis. Lauteria & Company, P.A.. to perform an audit of the City Manager's travel and credit card expenditures for the last five years at a not-to-exceed cost of $3.200. Motion carried 5-0. Policv for Expenditures Exceedine $500 Authorized bv City Manager. Administrative Services Director Beamer said that at the January 18, 1996, Commission Special Session, Mayor Vandergrift requested that a discussion on a policy for financial reporting of expenditures authorized by the City Manager exceeding $500 be placed on the February 6, 1996, Commission meeting agenda. 3 Ocoee City Commission Regular Meeting February 6,1996 . Mayor Vandergrift advised that it appeared that the City Manager was authorizing the use of time and equipment unequally for the different districts and he felt that government should be equal for all. When pressed for specifics, however, he could not recall any particular example. Commissioner Johnson said the matter should be tabled until specifics could be provided and Commissioner Anderson asked Mayor Vandergrift to bring specific information to one of the next meetings. No formal action was taken on this item. RECESS - 9:35 p.m. - 9:45 p.m. . Presentations bv PEC: Storm Water Drainage Update. Mr. David Hamstra, PEC Consulting Engineer, presented the Stormwater Drainage Basin Studies Update on the Northwest Ditch Drainage Basin, Spring Lake/Lake Johio Drainage Basin, and Starke Lake/Lake Olympia Drainage Basin, pointing out that the purpose of the studies was to analyze existing conditions, develop recommended improvements and develop a capital improvement program for flood protection, water quality and to control localized flooding. He explained that the goal of each study was to provide each drainage basin with a level of service. For instance, the Northwest Ditch level of service is the 25 year storm and their goal was to protect the residents and the roadway system from a 25 year storm. The recommended improvements were designed to cause that entire basin to achieve that level of service. Mr. Hamstra reviewed the findings and the recommended actions along with the estimated cost in each phase for each basin, and he advised that, as a result of the meeting with Mayor Vandergrift and Commissioner Anderson (held December 21, 1995), three new drainage problem areas had been added to the list: Intersection of Doreen A venue and Lady A venue, Prairie Lakes Boulevard (Forest Oaks Subdivision), Peach Lake Manor/Twin Lakes Manor Area and those had been added to the Capital Improvement Program. Mr. Hamstra advised in closing that without an increase in stormwater fees the City would not be able to fund the requirements of the NPDES program, and that the recommendation was to increase from the current $3.00 to $5.00 incrementally over a period of several years. When Consulting Engineer Hooper asked for direction before proceeding, discussion ensued regarding the need for a rate increase and the timing, with Commission reluctantly reaching consensus to go forward with the incremental increase to $5.00 according to the schedule provided in the study. Mr. Hooper advised that he would come back with an ordinance for the rate increase and a financing package to describe how the long term or short term planning would be accomplished. . Master Water Plan Update. Mr. Mark Mahler, PEC Senior Engineer, presented the Master Water Plan Update and explained that the required improvements have been divided into three phases. The first phase improvements are required before the existing Jamela WTP is taken out of service (within two years). The second phase improvements are required for new development in currently undeveloped areas. The third phase improvements are required to provide adequate capacity for 4 . Ocoee City Commission Regular Meeting February 6, 1996 estimated flows for the year 2014. The total estimated cost for the three phases is $4,324,000 (using 1995 dollar value). Mr. Mahler responded to questions from Commission and Mrs. Bruni Massa in the audience. He added that there was no anticipated rate increase as a result of these recommended improvements as' most of this will come from impact fees. However, St. Johns River Water Management District now requires a rate structure that encourages water conservation, so the structure of the user fee must be changed from the current flat rate to "the more you use, the more you pay." PEC is now working on a proposal to bring back to Commission for adoption. Effluent Reuse Feasibility Study. Ms. Katie Garrick, PEC Representative, presented the Effluent Reuse Feasibility Study, explaining that, although the City already disposes of the majority of its wastewater effluent through reuse at Forest Lake Golf Course, the proposed reclaimed water system would be constructed in four phases and ultimately would serve thirty three sites, at an estimated total cost of $8,138,200, and would discharge an estimated 3,568,900 gallons of reclaimed water to the system per day which exceeds the flow capacity of the wastewater treatment plant. She added that the preliminary design could be ready as early as June 1996. There was discussion regarding several of the steps - Commissioner Johnson objected to providing the service to the cemetery (outside the city limits) before making it available to the citizens. Mr. Hooper explained that it was more cost effective to find a high capacity user close to the golf course. Commissioner Anderson asked if the use would be mandatory. Mr. . Hoopt:r responded that was how it was done in other municipalities. City Attorney Rosenthal added that there are new subdivisions under construction now that have been approved prior to the adoption of this provision of the Land Development Code and which are in those areas where the City has no plans to provide reuse lines, and the City would not require the developer to incur the cost of retrofitting if there is nothing to tie into. White Road Improvement. PEe Project Director Hooper explained that Homart obtained competitive bids for the off-site roadway improvements and the City's White Road improvements. C.A. Meyer is the apparent low-bidder. The cost for the White Road project is $646,215.54 and final completion is scheduled by October 1996. PEC requested the approval of the concept to authorize Homart to construct the White Road Improvements with a maximum expenditure of $646,215.54 and to bring it back in two weeks. After brief discussion consensus was reached to proceed with the approval of the concept to authorize Homart to construct the White Road Improvements with a maximum expenditure of $646,215.54. . First Quarter Financial Reoort - Fiscal Year 1995-96. Administrative Services Director Beamer reported that all revenues exceed the expenditures for this quarter. After brief discussion, the First Quarter Financial Report was accepted without objection. 5 Ocoee City Commission Regular Meeting February 6, 1996 . STAFF REPORTS None. COMMENTS FROM COMMISSIONERS Commissioner Johnson: No comments at this time. Commissioner Anderson: No comments at this time. Commissioner Glass: No comments at this time. . Commissioner Gleason: I) Still seem to be having a problem with the developer or the builder with the condition of the retention ponds and roads when they are turned over to the homeowners' association. There must be a better process of policing or reviewing those issues before releasing them to be transferred. Another problem is that developers are permitted to proceed with further phases of their development without correcting prior errors in drainage or streets, as in Silver Glen. Mr. Shapiro responded that the developer will not be able to get a certificate of occupancy for the second phase until the problem is corrected in the first phase; and he added that they seem to last two years. He said there is a better iob of inspection now as now there is a drainage inspector on staff. He said we are doing a better iob than we did and it is a big issue. 2) Asked when the speed humps policy will come back before Commission. On next agenda. 3) Regarding Pop Warner Football field, it is in pitiful shape with weeds, bugs, and sprinkler heads exposed. Mr. Shapiro said that part of the problem is that it is impossible to keep people off the field so it can be worked on. It is a sealed bowl and that contributes to the problem. Every year there is the same situation and every vear it is ready when they need to use it for the games. He said he would report back after conferring with staff. . Mayor Vandererift: I) Called attention to the Charter provision (C-66) that a Districting Commission must be established during this year and said he probably was in favor of not having districts. 2) would like to see the Florida Power trees placed on Clarke Road. 3) Said his report on last week's trip to Tallahassee was left on his desk instead of being distributed and he would get it out before Thursday. It had to do with housing problems, building departments and grading systems as to how insurance companies will be insuring housing based on how the houses are built and how they are being inspected. 4) Met with Apopka and Winter Garden officials and staff regarding problems with the county and 6 cents gas tax negotiations with County/Orlando and smaller cities, and legislation being proposed that might move that forward. Mr. Shapiro said they had asked Ocoee to talk with our City Attorney about the legalitv of it. He stated further, mutual concerns about planning issues between western cities of Orange County, and Orange County itself, possible study group to review electric franchises of the area to determine we can jointly through size make some changes to the franchise agreements, tax equalization, support of the Orange County Sheri fr s Department, transportation of prisoners. 5) Announced Thursday night Construction Forum at 7:00 p.m. 6) Auction at Public Works on February 24 at 10:00 a.m. 6 . . . Ocoee City Commission Regular Meeting February 6, 1996 7) Announced Commissioner Anderson's 40th birthday this week and Commissioner Johnson's fiftieth birthday last month and had the Ocoee Rent-A-Choir sing Happy Birthday for them. 8) Announced the RSVP number - 656-2218. ADJOURNMENT II :45 p.m. Attest: APPROVED: C~fOcoee ~~ ;:) . ~~- . ' S. Scott Vandergrift, Mayor 7