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HomeMy WebLinkAbout05-07-96 . . . MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD MAY 7, 1996 CALL TO ORDER Mayor Vandergrift introduced Mayor of the Moment Daniel Bryant, who called the meeting to order. Commissioner Anderson led in prayer and Mrs. Frances Watts led in the pledge of allegiance. The roll was called and a quorum declared present. MOM Bryant introduced his parents, teacher, principal and friends present in the audience. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Fire Chief Strosnider, Planning Director Wagner, Finance Director Horton, Finance Supervisor Carter, Personnel Director Psaledakis, Concurrency Analyst Resnik, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS - None CONSENT AGENDA The consent agenda consisted of items A, B, and C. Commissioner Gleason. seconded by Commissioner Glass. moved to approve and accept the consent agenda as presented. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Re211lar Meetinl: of April 16. 1996. Approval and Authorization for Mayor and City Clerk to execute Construction Manal:ement Service Contract with PEC for White Road and Water Treatment Plant - Addendum No. 94-4 in not-to-exceed amount of $182.823.50. Approval and Authorization for Mayor and City Clerk to execute Cresentlake Subdivision Final Plat. B. C. COMMENTS FROM CITIZENS/PUBLIC Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, noted that oranges are dropping from the trees in the orange grove on Clarke Road north of Silver Star Road and he asked if he could go into the grove and pick some of the oranges as he hated to see them go to waste. Mayor Vandergrift suggested that he contact the Planning Department to learn the name of the owner to get permission. Mrs. Frances Watts, 43 Shell Key Court, spoke at length about the many ways Recreation Director Jim Beech and his staff have benefitted the residents. She expressed appreciation for the many good things he has done for the youth, the adults, the seniors, and the City as a whole. Later in the meeting, Mrs. Dottie Minnick, 508 Bernadino Drive, asked Mr. Shapiro when she was going to get the sidewalk he promised a year ago. She also reported that she had no water pressure and asked why that was happening. Mr. Shapiro said he would find out about the . . . Ocoee City Commission Regular Meeting May 7, 1996 sidewalk and contact her by telephone. There was no immediate answer about the water pressure. Mayor Vandergrift announced that he was spearheading a move to save the Starlight Drive-In Theater (SOS - Save Our Starlight) and asked for donations and support of the program. He also announced the Starke Lake cleanup scheduled for Saturday, May 11 from 9:00 a.m. to 2:00 p.m. and asked for volunteers. Commissioner Gleason reinforced Mrs. Watts statements about the Recreation Department, commending them for putting on the Big Orange Games as well as all the other things they do, and noting that there were many volunteers taking part in the effort, including the Police Department and Fire Department. He noted also that the Cinco de Mayo celebration was very successful on Sunday and he suggested that if this becomes an annual affair they may wish to consider moving the location to the gazebo area so that it would be cooler. MAYOR VANDERGRIFT MOVED AGENDA ITEM VI G FOR CONSIDERATION AT THIS POINT IN THE MEETING AS THERE WERE SEVERAL IN ATTENDANCE TO SPEAK TO THIS ISSUE. DISCUSSION RE: CITY'S CONTRIBUTION FOR LOBBYIST. Mayor Vandergrift introduced Mr. Jack Douglas and his wife from Apopka who were present in the audience for this discussion. Commissioner Gleason opened the discussion explaining that Mr. Douglas had worked many years for gas tax equalization, and that last fall County Chairman Chapin had called a meeting of all the cities in Orange County to discuss changing the formula, but that the law was written in such a manner that only Orange County and Orlando could agree to a change and Orlando was not interested. Following various meetings and discussions regarding appropriate action to bring about the change, County Commissioner Freeman suggested hiring Mr. Oscar Juarez as a lobbyist based on his reputation and stature with the leadership of the Florida Senate and the Florida House. Commissioner Gleason said that the idea was initially rejected, but that as the situation became more urgent a conference between Apopka Mayor Land, Administrator Jack Douglas, Winter Garden Mayor Quesinberry, City Manager Holden, and City Manager Shapiro was held and action was taken to engage Mr. Juarez's services to lobby for the change in the method of sharing the local gas tax. Mr. Douglas, Winter Garden Commissioner Youngblood, Apopka Chamber of Commerce Executive Director Horner and Commissioner Gleason joined in the lobbying with Mr. Juarez in Tallahassee and the law was changed. Commissioner Gleason said that, as the Sunshine Law prevents members of the same governing body conferring on any matter that will come before them for a vote, it was not possible for him to call or meet with any members of this Commission to discuss the issue and that if he had learned of the situation by reading it in the newspaper, he would be angry and disappointed, just as other members of this Commission may be. He said that, even though it may not have been handled in the best way, he still felt it was a good thing to do. 2 . . . Ocoee City Commission Regular Meeting May 7, 1996 Commissioner Glass said that he was mad that he had to learn about this from the newspaper and about several other details of the situation, including the hiring of Mr. Juarez, but that he would not argue with success. He said that he would vote for ratification of the action taken but would ask that, if the relationship is to be continued with Mr. Juarez, it be discussed ahead of time. City Manager Shapiro stated that at this point all that is being done is confirming the dollars already spent. He said that a contract with a lobbyist in the future would be this Commission's decision to make as there were several issues that would need to be resolved (such as how a conflict between the three cities would be reconciled). He said further that the funds are not budgeted and that Apopka was kind enough to go ahead and do the contract. He advised that Mayor Vandergrift was also involved with the decision as he was on the phone with Senator Ostalkiewicz before the final vote. Mr. Shapiro apologized for the necessity of handling the issue as an emergency, and said that when the new purchasing manual is adopted such action may not be necessary. Mr. R. P. Mohnacky asked why it was necessary to hire a lobbyist as it was possible for anyone to simply appear before a body to lobby without that expense. Mayor Vandergrift pointed out that there is considerable expense involved with taking a day or more off from work and traveling that far (to Tallahassee) to lobby for a cause. He said he was looking forward to sharing a lobbyist with neighboring cities. Commissioner Anderson said that he felt the same as Commissioner Glass about not being informed but he was grateful that it succeeded. Commissioner Johnson said he believed the CEO should have the authority to take action such as this along with the Mayor and he had no problem with working with the other cities. Mayor Vandergrift said that he had received a call from Mayor Land in Apopka advising him of the action taken and then read it in the paper. He said he had confidence in Mr. Juarez and was pleased with the results. He complimented Commissioner Gleason on his work in Tallahassee. Apopka Assistant City Administrator Douglas said that he has been working on this issue for 10 years and Apopka has lost $2.2M because the formula was not changed yearly. He said that the projection is that the City of Apopka and the City of Ocoee will gain $4M each over the next 10 years as a result of this legislation. 3 . . . Ocoee City Commission Regular Meeting May 7, 1996 City Manager Shapiro said that because of the rumors that the City of Orlando would bring suit regarding the legislation, both Mayor Land and City Manager Holden had suggested that, in order to be prepared, it would be appropriate for Foley & Lardner to take a look at the legal positions Orlando might take. Commissioner Gleason. seconded by Commissioner Anderson. moved to ratify the action taken by City Manager Shapiro involving the commitment to the City of Apopka in paying the City's portion ($7.560.00) of the contract with Mr. Juarez for lobbying for the local option gas tax in Tallahassee. Motion carried 5-0. Commissioner Gleason said that Orange County has taken a powerful position in Tallahassee regarding issues that benefit this community, including funds for clean-up of Lake Apopka, Western Beltway, and funding for schools in general, and that letters expressing appreciation should go to those who accomplished so much. RECESS 8:20 P.M. TO 8:30 P.M. Mayor of the Moment Bryant called a recess and yielded the gavel to Mayor Vandergrift as he was leaving the meeting. Upon reconvening, Mrs. Minnick made her statements regarding the sidewalk and water pressure recorded on page 1. PUBLIC HEARINGS AND SECOND READINGS ORDINANCE No. 96-06, REPEALING SAFETY MANUAL. This Ordinance was presented by title only for the second reading and public hearing. Chief Strosnider asked that the Ordinance adopting the safety manual (Ordinance No. 94-02) be repealed because the statutes regarding safety frequently change and making the resulting necessary changes on the forms is very expensive and cumbersome. He explained that formal adoption of the safety manual is necessary to preserve the reduced worker's compensation rate and adoption by resolution would facilitate compliance with the statutes. The public hearing was opened. As no one wished to speak the hearing was closed. Commissioner Gleason. seconded by Commissioner Anderson. moved to adopt Ordinance 96- 06. repealing Ordinance No. 94-02. relating to the City of Ocoee Safety Manual. Motion carried 5-0. RESOLUTION No. 96-08, ADOPTING SAFETY MANUAL. (NOT A PuBLIC HEARING) This Resolution was presented by title only. City Attorney Rosenthal pointed out that the Resolution contains the authority for the Safety Committee to promulgate the forms used. 4 . Ocoee City Commission Regular Meeting May 7, 1996 Commissioner Gleason. seconded by Commissioner Glass. moved to adopt Resolution No. 96- 08. adopting the Safety Manual. Motion carried 5-0. RESOLUTION No. 96-10, SEE AGENDA ITEM VI A. RESOLUTION No. 96-10, VACATING UTILITY EASEMENTS ON LOTS 111,112, 113,114 AND 37 IN THE HAMMOCKS SUBDMSION. This Resolution was presented by title only. Capital Projects/Concurrency Analyst Resnik advised that the earlier vacation of B. C. Terry Road increased the size of the lots included in this Resolution and Sun Tech Builders wish to vacate a lO-foot utility easement which runs along the rear property line of Lots 111, 112, 113, 114, and 37 in the Hammocks so that it may be used as the setback for development, allowing larger houses to be built on those lots. Sunvest Development Corporation has agreed to relocate the cable television lines for these five lots into the vacated B.C. Terry Road. Commissioner Gleason pointed out that this was a technicality that was overlooked in the vacation of B.C. Terry Road. The public hearing was opened. As no one wished to speak the public hearing was closed. Commissioner Gleason. seconded by Commissioner Glass. moved to adopt Resolution No. 96- 10. vacating Utility Easements on Lots 111. 112. 113. 114 and 37 in the Hammocks . Subdivision. Motion carried 5-0. RESOLUTION No. 96-12, SEE AGENDA ITEM VI E 1. RESOLUTION No. 96-12, ADOPTING FINANCIAL AGREEMENT WITH SUNTRUST FOR STORMWATER UTILITY PROJECTS. This Resolution was presented by title only. Finance Director Horton introduced Mark Galvin, Financial Advisor, and Ed Stull, representing SunTrust. Mrs. Horton gave the staff report, pointing out that SunTrust had been ranked #1 of the four proposals received, and successful negotiations have been completed. The original interest rates were locked in even though the interest rates have increased by 45 basis points. Mrs. Horton listed the specifics regarding the agreement and recommended adoption of Resolution No. 96-12 and approval of the loan agreement in the amount of $2,200,000.00 at 4.77 % interest for a term of 15 years between the City of Ocoee and SunTrust N.A. for the financing of Phase I of the Stormwater Utility Improvements as adopted via Ordinance No. 96-03. City Attorney Rosenthal introduced Mark Extein, Foley & Lardner, who reviewed the newly revised and blacklined draft of the agreement. Mr. Extein pointed out that in Section 1.5 the number should be $1,010,810.00 rather than the printed $1,01,810. He said that this is a Resolution authorizing the execution of a loan and the execution of note in favor of SunTrust for a loan in the amount of $2,200,000.00 to finance improvements to the City's Stormwater Utility Capital Improvements. The loan is secured by a pledge of the revenues from the . 5 . Ocoee City Commission Regular Meeting May 7, 1996 stormwater utilities system. He said that since negotiations were in progress when the packets were prepared there were some changes to the material sent in the packet that were relatively minor, but one significant change. In order to issue additional parity obligations secured by the stormwater utility revenues: (1) the City's Debt Service Coverage Ratio (as defined in Section 1.1 of the Loan Agreement) must be at least 1.25 to 1, and (2) for a period of 30 days after notice to SunTrust Bank of the City's desire to issue such additional obligations, the City must consult with and negotiate with the Bank for the purchase of such additional obligations. If the City and SunTrust fail to reach agreement as to the sale and purchase of such additional obligations, the City may sell such obligations by negotiated or competitive sale with any person or entity. Mr. Shapiro said for the record that SunTrust has been extremely good in this case, very civic minded, and, in his opinion, the City has one of the best loan deals in the state. City Attorney Rosenthal pointed out that the advertising requirements of the provisions of Section C-8G of the Charter have been met. The public hearing was opened. As no one wished to speak the public hearing was closed. . Commissioner Gleason. seconded by Commissioner Johnson. moved to support Staff recommendation to adopt Resolution No. 96-12 with the changes reported by Attorney Extein and to authorize execution of the necessary documents. Motion carried 5-0. OTHER BUSINESS DESIGN SERVICE PROPOSAL - PHASE I STORMWATER CAPITAL IMPROVEMENT PROJECTS. This item was taken out of agenda order as it was related to the last public hearing. City Engineer Shira presented the staff report, noting that the Design Service Proposal is an addendum to PEC's contract which provides for design services for Phase I of the Stormwater Capital Improvement Projects (which are grouped into four groups of related types of projects). The entire anticipated fee of $272,440.00 includes the design, surveying, permitting, geotechnical and administrative work required to prepare permit application and construction contract documents and drawings for each of the seventy-eight individual projects. He said he expects letters of interest from contractors soon in response to ads and requested approval of this addendum so that the design work for the projects will be complete in time to award the work to contractors. Commissioner Gleason. seconded by Commissioner Glass. moved to authorize Mayor and City Clerk to execute Work Order No. 10 for PEC in the not-to-exceed amount of $272.440.00. Motion carried 5-0. RESOLUTION No. 96-10, VACATING UTILITY EASEMENTS ON LOTS 111, 112, 113, 114 AND 37 IN THE HAMMOCKS SUBDIVISION. See this item under Public Hearings. . 6 . . . Ocoee City Commission Regular Meeting May 7, 1996 RESOLUTION No. 96-11, ADOPTING JUVENILE JUSTICE CITATION PROGRAM. This Resolution was presented by title only. DARE Officer Mike Alexander explained the Juvenile Justice Citation Program process, emphasizing that it only deals with first time offenders. There was lengthy discussion regarding the merits of the program and the process to be used. Mavor Vander!!rift. seconded by Commissioner Glass. moved to adopt Resolution 96-11 with directions that a report be brought back in six months. Motion carried 5-0. SECOND QUARTERLY FINANCIAL REPORT. Finance Director Horton presented the Second Quarterly Financial Report. There was discussion about the possibility of collecting some of the liens and the fact that some of the taxes/revenues are decreasing. Commissioner Gleason. seconded by Commissioner Johnson. moved to accept the review as presented. Motion carried 5-0. MIDYEAR BUDGET AMENDMENT FIRST READING OF ORDINANCE No. 96-07, AMENDING BUDGET FOR FY95-96. Second Reading and Public Hearing are scheduled for May 21, 1996 at 7:30 p.m. This Ordinance was presented by title only for the first reading. Mayor Vandergrift announced the time and date of the second reading and public hearing. FINANCIAL AGREEMENT WITH SUNTRUST TO FINANCE STORMWATER UTILITY PROJECTS. RESOLUTION No. 96-12, ADOPTING FINANCIAL AGREEMENT WITH SUNTRUST FOR STORMWATER UTILITY PROJECTS. See this item under Public Hearings on pages 5 & 6. DESIGN SERVICE PROPOSAL - PHASE I STORMWATER CAPITAL IMPROVEMENT PROJECTS. See this item immediately following Public Hearings on page 6. APPOINTMENT TO BOARDS CODE ENFORCEMENT BOARD: MADELINE SHAGNER AND DENISE LENKO - 3 YEAR TERMS EXPIRE JUNE 1996. Commissioner Johnson. seconded by Commissioner Glass. moved to reappoint both Madeline Shagner and Denise Lenko for a 3 year term on the Code Enforcement Board. such terms to expire June 1999. Motion carried 5-0. PLANNING AND ZONING COMMISSION: TANYA MILLER McALLISTER - 3 YEAR TERM EXPIRES JUNE 1996. 7 . Ocoee City Commission Regular Meeting May 7, 1996 Commissioner Glass. seconded by Commissioner Johnson. moved to reappoint Tanya Miller- McAllister for a 3 year term on the Planning and Zoning Commission. such term to expire June 1999. Motion carried 5-0. POLICE DEPT. CITIZENS ADVISORY COUNCIL: RICHARD PRIDE RESIGNED EFFECTIVE APRIL 1996 - TERM EXPIRES APRIL 1998. Commissioner Johnson. seconded by Commissioner Gleason. moved to appoint James E. Ulmer. 2547 Greywall Avenue. to complete Mr. Pride's term which expires April 1998. and Mrs. Myrtle Vaughn. 202 Ocoee Hills Road. to fill the vacancy created when Mrs. Ouida Meeks resigned. which term expires October 1998. Motion carried 5-0. APPOINTMENT OF TEMPORARY ALTERNATE FOR FORMER COMMISSIONER WOODSON ON THE CmZENS' ADVISORY COMMITTEE OF ORLANDO URBAN AREA TRANSPORTATION STUDY. Commissioner Gleason. seconded by Commissioner Johnson. moved to appoint Mr. Louis Landefeld to serve as temporary alternate for Mr. Sam Woodson. who will be unable to attend the monthly meetings of the Citizen's Advisory Committee of Orlando Urban Area Transportation Study for approximately six (6) months. Motion carried 5-0. ST AFF REPORTS . There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Johnson: No comments at this time. Commissioner Anderson: Reported a call from Mrs. Mary Switzer regarding the status of the rest rooms at Starke Lake. City Manager Shapiro advised that he has a meeting with the architect this week and will have a report at the next meeting. He said that it appears that the funding: has gone out of hand. Commissioner Glass: 1) Commended City Attorney Rosenthal, Planning Director Wagner, and Senior Planner Horne for their presentations before Orange County Commissioners with respect to Belmere. He thanked also Mayor Vandergrift, P&Z Member Rob McKey, Citizens Jackie Kinker, RoseMarie Morgentive, Kathy and Connor Glass and others who came in support of the issue. He reported that the County voted to approve Belmere. 2) Noted the Open House regarding the Western Beltway at the 9th Grade Center Wednesday, May 8, 4:00 p.m. to 8:00 p.m. with a formal presentation at 7:00 p.m. 3) Announced Friday's Friendly Fish Fry in Windermere on May 10 from 4:00 p.m. to 8:00 p.m. . 8 . . . Ocoee City Commission Regular Meeting May 7, 1996 4) Commended the organizers of the Cinco de Mayo Festival held in Ocoee Sunday. He suggested that next year's celebration be held where there is some shade. 5) Commended Jean Grafton (Team Ocoee Captain) and those who were involved with the March of Dimes WalkAmerica on Saturday, April 27. He thanked Commissioner Gleason for sponsoring a rest stop for the Walk, and also thanked all those who contributed. Commissioner Gleason: 1) Recognized additional citizens who had assisted with calling/faxing Tallahassee regarding the Gas Tax issue: Homeowner Association Chairpersons Ann Whittle (Sleepy Harbour), Martha Lopez-Anderson (Silver Bend), Nancy Parker (Sawmill), Nick Pagano (Lake Olympia Club), and the West Orange Chamber of Commerce. 2) Reported that the homeowners in Silver Glen are concerned over the condition of their roads, primarily involving the construction equipment from U.S. Homes. He said there is a previous employee of U. S. Homes residing in that subdivision who advised that there were several streets toward the back of the development for which the maintenance bond should not have expired. City Manager Shapiro asked for that person to contact him. 3) Said that the notification of citizens by flyer that their garbage pick up days would be changed was not sufficient and asked for a more effective method in the future. 4) Wished City Manager Shapiro Happy Birthday for his 50th birthday on May 6. Mayor V ander~ift: 1) Wished Happy Mothers' Day to all mothers. 2) Asked for volunteers for the Ocoee Olympic Dunk Team during Friday's Friendly Fish Fry. 3) Commended PPTD Supervisor Elmore on his work with chairing the WalkAmerica two weeks ago, helping with Big Orange Games last week, and with next week's lake cleanup. 4) Led the Ocoee Rent-A-Choir in singing Happy Birthday to City Manager Shapiro. ADJOURNMENT The meeting adjourned at 9:55 p.m. APPROVED: City of Ocoee Attest: SS~$ {)~r S. Scott Vandergrift, May 9