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HomeMy WebLinkAbout02-17-04 Minutes OCOEE CITY COMMISSION REGULAR MEETING HELD FEBRUARY 17,2004 CALL TO ORDER Mayor Vandergrift called the regular meeting to order in the Commission Chambers at 7:15 P.M. He then called for a moment of silent prayer for Sean Alexander Anderson. Frances Watts led the Pledge of Allegiance to the Flag. City Clerk Grafton called the roll and declared a quorum present. PRESENTATIONS AND PROCLAMATIONS Recognition of Retirement of Deputy Clerk Marian Green after 17 Years of Employment with the City of Ocoee. (City Clerk Grafton) City Clerk Grafton acknowledged Deputy City Clerk Marian Green's years of service to the citizens and presented a paperweight engraved with "Marian Green - Our Most Valuable Player" in recognition of her dedication and loyalty. Presentation - Ccrtificate of Apprcciation - Susan Houlk, Danny Houlk, Gina Houlk, Ashley Houlk, Nicholas Houlk, and Magaly Montero. (Police Chief Goclon) Police Chief Goclon recognized Susan Houlk, Danny Houlk, Gina Houlk, Ashley Houlk, Nicholas Houlk, and Magaly Montero and presented them with a Certificate of Appreciation for their assistance and for taking action to save a two-year old girl after finding her in the parking lot of an Ocoee apartment complex. Although they were unable to locate the parents, they contacted the police, provided clothing, diapers, food and drink for the child, and assisted in the search for the parents. Proclamation - Black History Month - February 2004. COMMENTS FROM CITIZENS/PUBLIC - None COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker announced Gary Monroe will be here in the Chambers with a special presentation on The Highwaymen Monday, February 23rd, at 7 p.m.; and after brief discussion with Mayor Vandergrift said she would ask that it be televised. Commissioner Howell announced the Political Forum to be held in the Chambers February 19 at 7:00 p.m. sponsored by the Woman's Club. He then expressed his sympathy and prayers for the Anderson family in the loss of their son. Mayor Vandergrift read a plaque of appreciation presented to him for the City from the 2003 Ocoee Bulldogs. He then announced the Little League opening day Saturday, February 28 beginning at 8:00 a.m. with a parade. Both the Little League and the West Orange Girls Club will be opening their seasons at 10:00 a.m. Commissioncr Howell added the League had invited all of the elected officials for the opening day ceremonies. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, G, H, I, J, K, and L. Commissioner Anderson. seconded bv Commissioner HowelL moved to aonrove the consent aQenda as nresented. Motion carried 5-0. Ocoee City Commission Regular Session February 17, 2004 Commissioner Parker suggested, in coni unction with the purchase ofthe new vehicles for police and fire, the departments be authorized to use their new logos and patches instead of plain stripes in the decoration of their vehicles. Without obiection, this direction was given. A. Approval and Acceptance of Minutes of City Commission Special Session of February 3, 2004, and Re2ular Session of February 3, 2004. (City Clerk Grafton) B. Approval and Authorization for Oran2e County Canvassin2 Board to Canvass Ocoee's Absentee Ballots. (City Clerk Grafton) The recently authorized contract with the Supervisor of Elections for the use of the County's equipment for the March election includes the handling of absentee ballots as well. Supervisor of Elections Cowles has requested authorization for the County Canvassing Board to evaluate the City's absentee ballots, count them, and provide the results to the City of Ocoee Canvassing Board for certification for the 2004 elections. C. Approval and Authorization of Temporarv Closin2 ofa Portion of North Lakeshore Drive and Boat Ramp at Starke Lake for the Purpose of a Boat Regatta. (Building Official Phelps) The event will be held on March 12-14,2004, from 8am-5pm on Friday-Saturday and 12pm-5pm on Sunday. The following requirements will be met: (1) All 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, (3) An emergency lane must be maintained at all times, and (4) Roads must be blocked with proper barricades, and signs posted at the boat ramp in advance to notify citizens of its closing. D. Approval and Authorization for Dedication of the Forest Oaks Water Treatment Plant to Grady Smith in a Formal and Public Ceremony. (Public Works Director Wheeler) In 1985, a granite plaque was purchased and inscribed in dedication to the late Grady Smith. The City Commission had approved this dedication and the plaque was ceremoniously placed at the Kissimmee Avenue Water Treatment Plant. The Kissimmee Avenue Water Plant was eventually decommissioned and the plaque was removed. Staff request authorization for a rededication ceremony and that the Forest Oaks Water treatment Plant be the predominant site of choice. E. Approval and Authorization of Kane's Furniture Amendment to Declaration of Easements. (Assistant City Attorney Cookson) The Original Declaration of Easements provided that the Goodman Center Final Subdivision Plan would be null and void if certificate of occupancy was not issued for the Kane's Furniture Store by April 24, 2004. To date, construction has not started on the Kane site. The Amendment would require that the subdivision infrastructure be started by April 24, 2004, and completed by April 24, 2005. F. Approval and Authorization of $10,000 from Contingency for Retrofit of the Existin2 Stormwater Pond in Twin Lake Woods on Marlene Drive (Pond H3) for the Purpose of Improving Maintenance of the Pond. (Deputy Public Works Director Zaitooni) Pond H3 is located on Marlene Drive in Twin Lake Woods, east of Adair Street and south of Nicole Boulevard and is under ownership of the local HOA, which is responsible for maintenance of the Pond. Staff requests approval of$10,000 from Stormwater 2 Ocoee City Commission Regular Session February 17,2004 Contingency Funds for purchased material and authorization for Public Works staff to perform the required work using City equipment. G. Approval and Authorization of Change Order #4 to the Groundtek Contract #B03-01 for Maintenance of Pond C62 in Remington Oaks at $1608.00 Annually; and Payment to Groundtek for the Maintenance Services Provided Since October of 2003 at $536.00. (Deputy Public Works Director Zaitooni) The maintenance for Pond C62 in Remington Oaks was inadvertently omitted from the staff report dated October 21,2003, which added Change Orders 1,2, and 3 to the contract. However, the contractor has been providing the maintenance services since October of2003 and has invoiced the City for 4 months service at $536.00. The monthly cost of change Order #4 is $134.00 or $1608.00 annually, and funds are available from the Stormwater Contingency Funds. H. Approval and Authorization to Piggyback Various Governmental Entities' Contracts for Various Vehicles/Equipment and to Authorize the Lease-Purchase Agreement with SunTrust for Same. (Buyer Tolbert) Staff recommends that the City Commission: I) Approve piggybacking on the Florida Sheriffs Association & Florida Association of Counties, and the State of Florida contracts for the listed vehicles, 2) Authorize staff to secure financing through SunTrust Bank for the vehicles and equipment, and 3) Authorize the Mayor, City Clerk, and staffto execute the lease-purchase agreement and related documents. I. Approval and Authorization for Two Additional Patrol Vehicles to be Added to this Year's SunTrust Lease to Replace Two Vehicles Recently Declared Totaled by the City's Insurance Company. (Police Chief Goclon) The police department wishes to add two additional patrol vehicles (over what was authorized in the 200312004 budget) to the SunTrust lease. Recent traffic crashes have caused two marked patrol vehicles to be declared totaled by the City's insurance company. J. Approval and Authorization for Professional Services Agreement for Community Redevelopment Services with Herbert Halback, Inc. (Assistant to the City Manager Shira) The Selection Committee recently chose Herbert Halback, Inc. (HHI) as the top ranked firm in the CRA consultant selection process. HHI has now presented the City with a contract for the work. For budgeting purposes, the City estimated this project to cost $80,000 so there are adequate funds available in the current budget. Staff requests approval of the Professional Services Agreement for Community Redevelopment Services with Herbert Halback, Inc. K. Approval and Authorization for $14,380.00 from Contingency for Change Order No.2 to Wharton-Smith. (Fire Chief Strosnider) During construction of the new fire station building items have been added or deleted due to various reasons of construction. Architects Design Group, Wharton-Smith, and Fire Chief Strosnider have carefully examined the entire Request for Change Orders (RCO) for accuracy and they request approval. L. Approval and Authorization to Waive City's Formal Bid Process and Utilize State of Florida Contract #425-001-01-1 With Works capes Inc. and Knoll State Purchasing Contract #C004572, for a Total of $68,652.20, for Fire Station One's Furniture Package. (Assistant Fire Chief Firstner) 3 Ocoee City Commission Regular Session February 17,2004 ADG Inc. and Architectural Interiors Inc. developed specifications for the furniture package for Fire Station One. There are multiple vendors on State of Florida Contract #425-001-01-1. Three of those vendors were solicited for quotes on the package, two replied and one declined to submit a quote. Workscapes Inc. and Florida Business Interiors submitted packages, which varied considerably in price and quality. Staff recommends Workscapes Inc. as the only vendor that provided a quote that met the City's specifications. PUBLIC HEARINGS Consideration of the Available Options for the Collection and Disposal of Residential Garbaee and Recvcline within the City. (Deputy Public Works Director Zaitooni) Deputy Public Works Director Zaitooni presented the staff report, displaying details on the overhead. He introduced in the audience Solid Waste Supervisor Darrel Dees, Finance Supervisor Donald Carter, Jim Becker and Jack Martin, with Orange County Utilities, and representatives of Onyx Waste Services and Florida Recycling. He described briefly the options to be considered: Option A - Privatization of residential garbage and recycling through a City RFP process Option B - Orange County to provide the services through an Interlocal Agreement Option C - City continues with the current in-house operations. Mr. Zaitooni compared the costs, advantages and disadvantages in each option, responded to questions from the Commission, and then responded to questions from the public during the public hearing The public hearing was opened and the following citizens commented: Joe Briarton, 1099 Miller Drive, Altamonte Springs, 32701, spoke representing Florida Recycling Services. James Becker, 5901 Young Pine Road, Orlando, 32859, spoke representing Orange County Solid Waste. Bill Hoelscher, 604 Roberts Rise Drive, 34761, said City should stay with the system it has. R. P. Mohnacky, 1820 Prairie Lake Boulevard, 34761, asked if there has been a study done regarding how long the City trucks last and he made several suggestions. Henry Morgan, 304 S. Lakeshore Drive, 34761, said whatever option is chosen it must include the "jolly green giant" bins. He noted also that Onyx has had an uncommon amount of complaints in the time they have been serving the City. Frances Watts, 43 Shell Key Court, 34761, asked who was going to pick up the trash left in the streets after the garbage trucks go by if you go with smaller containers. Bruni Massa, 611 E. Lakeshore Drive, 34761, supported keeping the City sanitation service on, and noted that after the recycling trucks go by papers and bottles litter the streets. James Fleming, 511 Orange Avenue, 34761, said to take option C and fund it and get equipment the employees can work with. Rosemary Wilsen, 1019 Shady Maple Circle, 34761, asked for details about the proposed purchase of a truck and asked that staff spell out the words instead of using acronyms such as RFP, since the general public does not know what they mean. Jennifer Wilkes, 2015 Hedgerow Circle, 34761, talked about the cost of repair versus the cost of new trucks. 4 Ocoee City Commission Regular Session February 17,2004 Commissioner Anderson read an e-mail message from Rob McKey saying no one has addressed going to one pickup per week. J. Lester Dabbs, Jr., 619 Caborca Court, 34761, asked what happens to staff if the City outsources, and said he wants to keep service here. Bill Simon, 2711 Cullens Court, 34761, spoke in favor of option C. Max H. Jacobs, Jr., 2247 Mountain Spruce Street, 34761, said this Commission should be more proactive instead of reactive, and stated his neighbors are in favor of option C. Scott Glass, 300 S. Orange Avenue, Orlando, 32801, representing Onyx, said no one in his neighborhood has a problem with Onyx. Mayor Vandergrift read an e-mail message from Linda Bryant asking what will be done for employees who will lose their jobs because they are not trained for anything else. The public hearing was closed. After a brief discussion Commissioner Johnson said he would prefer to go with option C, go ahead with a rate increase and buy the equipment needed. City Attorney Rosenthal advised this public hearing was not advertised to consider a rate increase and he described the appropriate motion to bring that about. He said procedurally staff would prepare a resolution to provide for an increase in the residential rates to $18.25 and schedule that resolution for a public hearing on March 16. He cautioned also that if that resolution should not be adopted at that time the other options would still be before the Commission for consideration. There was discussion about whether the vendors would extend the dates on their RFPs and staff was directed to request such extensions. Commissioner Johnson. seconded bv Commissioner Parker. moved to direct staff to schedule and advertise a Dublic hearin!! for March 16. 2004. to increase the residential solid waste char!!es to $18.25. Motion carried 3-2 with Mayor Vandergrift and Commissioner Anderson voting no. RECESS 9:45 -10:05 P.M. OTHER BUSINESS Approval and Authorization for the Mayor and City Clerk to Execute the Interlocal Agreement for Fire Dispatch Services between Orange County, Florida and the City of Ocoee. (Support Division Chief McNeil) Assistant Chief McNeil was present to respond to questions. Commissioner Anderson. seconded bv Commissioner Johnson. moved to aoorove the Interlocal A!!reement for Fire Disoatch Services between Oran!!e Countv and the Citv of Ocoee. and to authorize the Mavor and Citv Clerk to execute the necessarv documents. Motion carried 5-0. ITEM VII. F. - CITY MANAGER ISSUES - WAS TAKEN OUT OF AGENDA ORDER AND CONSIDERED HERE (see details below) Approval and Authorization for a Reduction of Fines and Release of Lien on Code Enforcement Board Case No. 99-074 & 99-075, Ruby Reeves. (Building Official Phelps) 5 Ocoee City Commission Regular Session February 17,2004 Building Official Phelps presented the staff report and said staff agreed with the Code Enforcement recommendation to reduce the fine of$877,500 to $1,000 provided it is paid within 30 days of January 27, 2004. He stated this amount should cover the actual costs incurred by the City to process the case. Frankie Reeves Kaup, 1001 Wurst Road, said her mother is 91 years old and the family had not learned of the lien on the property until November 4,2003. She said they moved forward with cleaning up the property at that time and would appreciate any consideration the Commission could give. Commissioner Howell expressed his appreciation to Mr. Phelps for bringing forward old cases such as this so they can be cleared up. Commissioner Howell. seconded bv Commissioner Johnson. moved to sore ad the $1.000 fine over a oeriod of 90 davs in reco!lnition of the reoresentatives of the owner takin!l action to clean uo and brin!l the orooertv into comoliance uoon bein!l notified of the oroblem. Commissioner Johnson. seconded bv Commissioner Howell. moved to amend the motion to $500. Motion carried 5-0. The motion as amended carried 5-0. Building Official Phelps said he would hold the lien on the property until the amount had been paid in full. Later in the meeting, M. Claude Hawthorne, 355 Maine Street, addressed the Commission regarding the Reeves lien. At 10:40 p.m. COMMISSIONER HOWELL LEFT THE MEETING DUE TO ILLNESS Approval and Authorization for Additional Work on McKey Street Project for Stormwater and Water Improvements. (Assistant to the City Manager Shira) Assistant to the City Manager Shira presented the Addendum to the Continuing Professional Consulting Agreement with Spillis Candela and Partners, Inc., which is an authorization to expend up to an additional $200,000 for stormwater improvements and up to $60,000 for water improvements for design and construction administration for the storm water and water for the McKey Street Project. Randy Raiman, with Herbert Halback, Inc. (HHI), was present to respond to questions. Commissioner Johnson. seconded bv Commissioner Anderson. moved to aoorove the Addendum to the Continuin!l Professional Consultin!l A!lreement with Soillis Candela and Partners. Inc. Motion carried 4-0. Commissioner Howell was not present. Approval and Authorization for Final Design Approval for the Conceptual Design for the McKey Street Project. (Assistant to the City Manager Shira) 6 Ocoee City Commission Regular Session February 17,2004 Commissioner Johnson and Ms. Shira discussed the results of the meeting held with the McKey Street property owners and Ms. Shira asked for a motion authorizing expenditure of existing budget dollars (approximately $2,000 to $3,000) to have a surveyor write the legal description for the parcel being donated to the City by the Longs at 101 McKey Street. Commissioner Johnson. seconded bv Commissioner Anderson. moved to aoorove the Conceotual Desilln for the McKev Street Proiect and to aoorove the exoenditure of a not-to- exceed amount of$3.000 for a survevor to write the lellal descriotion for the orooertv acauired from the LonllS. Motion carried 4-0. Commissioner Howell was not present. Discussion Re: Authorization to Increase Sun Trust Line of Credit for the Coca-Cola Property. (Community Development Director Wagner) Community Development Director Wagner was present to answer questions. Staff recommendation was to authorize Staff to negotiate with SunTrust Bank to increase the existing line of credit for the Coca-Cola property from $4 million to $5.7 million and to authorize Staff to schedule a Public Hearing on March 2, 2004 to consider an amendment to Resolution No. 2000- 15, including preparation of all loan documents in support of the increase to the line of credit. Commissioner Anderson. seconded bv Commissioner Johnson. moved to aoorove Staff recommendation. Motion carried 4-0. Commissioner Howell was not present. THE FOLLOWING ITEM WAS TAKEN OUT OF AGENDA ORDER AND DISCUSSED IMMDIA TEL Y FOLLOWING THE FIRST ITEM UNDER OTHER BUSINESS City Manager Issues: (City Attorney Rosenthal) Appointment of Special Counsel. City Attorney Rosenthal explained that, regarding the recent action taken to terminate Mr. Gleason's employment, due to his long-standing working relationship with Mr. Gleason, he had advised this Commission to hire someone as special legal counsel who has not done business previously with the City of Ocoee. He said in order for the Commission to meet the timeframe spelled out in the Charter, he had introduced Susan McKenna, with Jackson Lewis, LLP to Mayor Vandergrift and acting City Manager Horton. They had engaged Ms. McKenna subject to ratification by the Commission at this meeting. Mavor Vander!!rift. seconded bv Commissioner Howell. moved to retain the law firm of Jackson Lewis. LLP as soeciallellal counsel to the Citv with resoect to matters relatinll to the orooosed termination of Citv Manaller Jim Gleason and with resoect to matters which mav arise thereafter in the event he is terminated. with fundinll for such soecial counsel to come from the General Fund - General Government Lellal Account. and that the Commission ratifv the actions of the Mavor. Citv Attomev and Actinll Citv Manaller in retaininll Jackson Lewis. LLC as of Februarv 1 L 2004. Motion carried 5-0. Schedulinf! of Public Hearinf! on Adoption of Final Resolution Terminating City Manager Gleason. City Attorney Rosenthal reviewed the order of events beginning in the February 3 Special Session with the adoption of the Preliminary Resolution to terminate Mr. Gleason, a copy of 7 Ocoee City Commission Regular Session February 17,2004 which was delivered to Mr. Gleason on February 9. That same day the City Clerk received a written response from Mr. Gleason requesting a public hearing pursuant to section C-22 of the City Charter. The Charter requires the public hearing be held no earlier than 15 days and no later than 30 days after Mr. Gleason's request is filed. This creates a timeframe of the earliest date Tuesday, February 24 and the latest being Wednesday, March 10. He then introduced Ms. McKenna. Special Counsel McKenna, 1521 Hillcrest Avenue, Winter Park, said she had been in touch with Mr. Gleason's attorney, Tom Pilacek, and she presented a list of proposed guidelines for hearing procedures that she had worked out with him. She asked for consideration of those items and the decisions made in turn were as follows: 1. Date and time of the public hearing Mavor Vander!!rift. seconded bv Commissioner Parker. moved to call a soecial session for the oub1ic hearim! and set the date for March 4. 2004. at 7:00 o.m. and to direct that notice be given to Mr. Gleason. Motion carried 5-0. 2. Time Allocation Commissioner Howell. seconded by Mavor Vander!!rift. moved to allocate the time during the oublic hearing to Mr. Gleason - 30 minutes with 5 minutes for rebuttal. members of the oublic - 5 minutes. and no cross examination oermitted. Motion carried 5-0. 3. Submission of documents Mavor Vander1!rift. seconded bv Commissioner Howell. moved that documents to be included in the record must be submitted to the Clerk at least three (3) business days in advance of the scheduled hearing. The Clerk shall coov and distribute all such documents to the Mavor and the Commissioners so that they can be reviewed in advance of the hearing. Motion carried 4-0. Commissioner Johnson was away from the dais. 4. Applicability of Civility Code Without objection, a police officer will be present. Ms. McKenna said Mr. Pilacek had stated it was his intention, as Mr. Gleason's attorney, at the appropriate time, to file a lawsuit against the City, as it was his belief that the timing of the events shows retaliation directed towards Mr. Gleason. Ms. McKenna also pointed out, should a final resolution to terminate be adopted following the public hearing, the provision in the contract for a three-month severance pay is contingent upon Mr. Gleason's signing a release. However, if Mr. Gleason intended to bring an action against the City he would not be signing a release, so would not be entitled to the three-month severance package. Commissioner Johnson proposed inviting Gene Williford in Oviedo to serve as Interim City Manager. Mayor Vandergrift suggested instead asking ICMA for five names to consider. After brief discussion Commissioner Parker. seconded bv Mavor Vander!!rift. moved to ask ICMA to submit a name for this Commission to consider for Acting City Manager. Motion carried 4-1 with Commissioner Anderson voting no. 8 Ocoee City Commission Regular Session February 17, 2004 STAFF REPORTS MAYOR VANDERGRIFT DECLARED THIS TO BE AN EMERGENCY ITEM. Discretionary Investment Agreement with Merrill lynch Investments Acting City Manager Horton distributed a memorandum referencing a Discretionary Investment Agreement with Merrill Lynch Investments. City Attorney Rosenthal briefed the Commission regarding some changes in City's portfolio with Merrill Lynch, and said they are requesting clarification of some items, an attorney's opinion, and an executed Discretionary Agreement. Commissioner Anderson. seconded bv Commissioner Parker. moved to aoorove the Discretionary Agreement with Merrill Lvnch Investments and authorize the Mayor. Citv Clerk. and Staff to execute same: authorize Merrill Lvnch Investment Managers. L.P. to ourchase and sell all ofthe instruments contemolated by the investment obiective selected in the Agreement and investment guidelines: and authorize the oayment of management fees to Merrill Lvnch from the assets oer the terms of the Agreement. Motion carried 4-0. Commissioner Howell was not present. COMMENTS FROM COMMISSIONERS Commissioner Parker asked Mayor Vandergrift for the papers he had read from for the City Manager's evaluation during the February 3, 2004 meeting as they were part of the public record and she had made a public records request for those documents immediately after that meeting. Commissioner Johnson said he had received a call from the Elk's Lodge asking if the City would again do the Charity Ball ad for $300. Commissioner Johnson. seconded bv Commissioner Anderson. moved to ourchase an ad for the Elk's Lod!!e Charitv Ball orogram in the amount of$300 with funds from the contingency account. Motion carried 4-0. Commissioner Howell was not present. Mayor Vandergrift 1. Asked for a report about the lighting on Silver Star Road. 2. Asked Building Official Phelps about a quicker permit turnaround and if it would be appropriate to hire a temporary person to help at developers' expense. Building Official Phelps responded he had discussed that but was not prepared to make such a recommendation at this time. ADJOURNMENT The meeting adjourned at 11 :00 p.m. Attest: APPROVED: City of Ocoee ~'~ J) ~;;2 ~ 5Pb.. (/~jI S. Scott Vandergrift, Mayor 9