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HomeMy WebLinkAbout02-06-01 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD FEBRUARY 6, 2001 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:33 p.m. in the Commission Chambers. Pastor Jack Andrews, McCormick Baptist Church, led in the prayer and Mr. R. P. Mohnacky led the Pledge of Allegiance to the Flag. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were Acting City Manager Gleason, City Attorney Rosenthal, Assistant City Attorney Doty, Buyer Tolbert, City Clerk Grafton, City Engineer/Utilities Director Shira, Assistant City Engineer Wheeler, Community Relations/Projects Director Shira, Planning Director Wagner, Recreation Director Nordquist, and Boxing Club Coordinator Cristelli. ABSENT: None Commissioner Johnson announced that former City Manager Shapiro was undergoing tests right now and his family has asked for prayers. He said they had designated him as their spokesperson in lieu of having everyone call them at the hospital, and concerned citizens should feel free to call him (Commissioner Johnson) at home. PRESENTATIONS AND PROCLAMATIONS In keeping with the renewed policy to invite students to take part in the Commission meetings, two West Orange High School cheerleaders read the proclamations. Felecia Bryant read the Proclamation proclaiming National Public Works Week - May 20- 26, 2001. Tiffany White read the Proclamation proclaiming National Engineers Week - February 18-24, 2001. Presentation - Charles "Buzz" Matthews, Executive Director of the West Orange YMCA, presented a plaque to Mayor Vandergrift for his support and another plaque for the City's continued support of the West Orange YMCA. Presentation by Burton & Assoc. re: Water/Wastewater/Reclaimed Water Rates. (City Engineer/Utilities Director Shira) This item was pulled by Acting City Manager Gleason. Agenda Item VII J was taken out of agenda order to be considered here. Approval and Authorization to Grant $1,000.00 to West Orange High School Cheerleaders. (Community Relations/Projects Director Shira) Ocoee City Commission Regular Meeting February 6, 2001 The cheerleading squads will be competing in National Competition in Jacksonville, Florida on March 21-25. The cheerleaders request $1,000 to help with expenses. Of the 18 members of the squad, 8 are Ocoee residents. Commissioner Anderson's suggestion that recipients of grants from the City should be required to spend some time in community service, such as helping with Founders' Day, met with unanimous approval. Commissioner Anderson. seconded bv Commissioner Johnson. moved to grant $100 per Ocoee oarticipant ($800) and request that each recioient give 5 hours of community service for Founders' Day in return. When Commissioner Johnson pointed out that two of the coaches who would be accompanying the squads were Ocoee residents, Commissioner Anderson. seconded by Commissioner Johnson. amended his motion to include those two as well. making a total grant of $1.000. Motion carried 5-0. The vote on the motion as amended carried 5-0. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, and E. Mayor Vandergrift directed that, in item D, the Parameters should be called Policy and Club should be changed to Program. Commissioner Anderson. seconded bv Commissioner Parker. moved to approve the consent agenda with the noted changes to item D. Motion carried 5-0. A. Approval and Acceptance of Minutes of Commission Work Session of January 12, 2001. (City Clerk Grafton) B. Approval and Authorization for Mayor and City Clerk to Execute Forest Ridge PUD, Final Subdivision Plan, Project No. LS-99-004. (Planning Director Wagner) · The Forest Ridge PUD is a subdivision of 57 single family residential lots to be located east of Lakewood A venue about one quarter mile south of Wurst Road. C. Approval and Authorization for Mayor and City Clerk to Execute Florida Department of Transportation Highway Maintenance Contract Renewal #AG997 FIN Project #244298-1-72-04. (Public Works Director Smith) · This is the second renewal of an Agreement dated April 21, 1999, at an annual cost of $33,418.35. Page 2 of 11 Ocoee City Commission Regular Meeting February 6, 2001 D. Approval and Authorization for Parameters Policy for Ocoee Boxing.{;lult Pro~am. (Recreation Director Nordquist) · Parameters proposed by Staff include Goals, Objectives, Fees, Guidelines, Gym Rules and Registration Form for the new Boxing Program. E. Approval and Authorization to Transfer $6,300.00 from City Clerk's CIP to Small Equipment account for Printers in City Clerk's Department. (City Clerk Grafton) · Four printers may be purchased for less than the amount budgeted for three in the CIP. COMMENTS FROM CITIZENS/PUBLIC There were no citizen comments at this time. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Howell said his prayers were with Mr. Shapiro and his family, as well as with the family of his good friend, Jiffy Skipper, who passed away this week. Commissioner Parker 1) Announced a safety expo, Saturday, February 10, from 12 to 4:00 p.m. at the West Oaks Mall in the Dillards parking lot. 2) Asked about the swimming pool and whether the field that is a temporary soccer field could be used for practice. Mr. Gleason responded he is already working with Mr. Smith on a master plan for practice fields and will have a report by the next meeting. PUBLIC HEARING West Oaks United Methodist Church, Preliminary Site Plan/Master Plan Project No. LS- 99-017. (Planning Director Wagner) Planning Director Wagner gave the staff report, using the overhead to display the details. The West Oaks United Methodist Church site is located on the east side of Clarke Road about 700 feet north of White Road. The subject property has A-I zoning and is currently vacant with some trees, but is mostly an open field. There is a water tower and property owned by another church adjacent to the southern edge of the site and a subdivision of single family homes adjacent to the northern and eastern edges of the site. The property on the west side of Clarke Road across from the site is an orange grove which has not been annexed into the City, with Orange County A-I zoning. The Preliminary Site Plan is a long range master plan for the Church's property to permit incremental expansion of the facility. The two entrances will be constructed with the first phase of development, the southern entrance being a full access entrance with a median cut on Clarke Road for left turns into and out of the site. The northern entrance will be a right-inlright-out only entrance. There were two waivers regarding the building height and a 36 square foot ground sign. The proposed waivers, as revised and recommended as Conditions of Approval by the Planning and Zoning Commission, were as Page 3 of 11 Ocoee City Commission Regular Meeting February 6, 2001 follows: 1) Revising the Justification on the Building Height waiver to read "To allow for a 65' steeple; " 2) Revising the Proposed Standard on the SigJ) waiver to read "A 36 sf ground sign up to 10' tall shall be permitted; " 3) Adding new Condition of Approval to read "Prior to approval of Phase 3, a traffic operational analysis shall be conducted to determine whether a right turn lane from Clarke Road into the site will be necessary to mitigate traffic impacts. The recommendations of the analysis shall be implemented. " Tom Griffin, Architect with McCree, Inc., 500 E. Princeton, Orlando, and Pastor Ernie Post were present. Mr. Griffin said they had worked closely with staff for a year and had resolved many problems. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Howell. seconded bv Commissioner Anderson. moved to approve the Preliminary Site Plan/Master Plan for West Oaks United Church. including both of the proposed waivers. as date stamped received bv the City on January 11. 2001. and subiect to the first two additional Conditions recommended bv the Planning and Zoning Commission and omitting Condition Number 3. Motion carried 5-0. RECESS 8:27 - 8:42 P.M. OTHER BUSINESS All items were taken out of agenda order for the balance of the meeting. Old Winter Garden Road Widening Project: Proposed Settlement with Frank Casserino (Parcell0l).(Assistant City Attorney Doty) Assistant City Attorney Doty presented the staff report which included the history of the proposals and counter-proposals for the settlement of the eminent domain litigation for Parcel 101, formerly owned by Frank Casserino, and she recommended approval as follows: $353,000.00 to Frank Casserino (less the $300,000.00 previously deposited in the court registry) $ 15,600.00 to Kurt Ardaman, Esquire $ 7,318.00 to Calhoun, Dreggors and Associates, Inc., subject to review and approval by the City Attorney. Mayor Vander~rift. seconded by Commissioner Parker. moved to approve according to staff recommendation and to authorize the City Attornev or Assistant City Attorney to execute a final iudgment for these amounts. Motion carried 5-0. Page 4 of 11 Ocoee City Commission Regular Meeting February 6, 2001 Pioneer Key Drainage Improvement Project: Proposed Settlement regarding Parcel No.1 (V osilla, Baker and Zalloum). (Assistant City Attorney Doty) Assistant City Attorney Doty gave the staff report which showed a very complicated history to the title, and advised the $485.00 lien the Code Enforcement Officer had placed on the parcel for mowing had grown to more than $32,000.00 over a period of time. She recommended approval of the settlement of the eminent domain litigation for Parcell by payment of$16,000.00. Commissioner Anderson. seconded by Commissioner Johnson. moved to approve the staff recommendation to approve the settlement of the eminent domain litigation for Parcel I. formerly owned by Sam Zalloum. by payment of $16.000.00 to the Wilson. Leavitt & Small trust account. in complete satisfaction of all claims of defendants John V osilla. Julie Baker. Sam Zalloum. inclusive of interest and attorneys' fees and costs and authorizing the City Attorney or Assistant City Attorney to execute a final iudgment for this amount. Motion carried 5-0. Approval of Bid #BOI-04 Purchase of Rubber Tired Backhoe Loader for the Utilities Department. (Buyer Tolbert) Buyer Tolbert was present to respond to any questions on this purchase. The staff report showed the bid for this budgeted item was duly advertised with three responses: Nortrax Equipment ($74,997.75), Briggs Equipment ($67,779.00), Ringhaver Equipment ($67,944.00). Staff recommended awarding this bid to Briggs Equipment as the most responsive and responsible bidder. Commissioner Johnson. seconded by Commissioner Parker. moved to award Bid #BOI-04 for the purchase of a Rubber Tired Backhoe Loader to Briggs Equipment and authorize Staff to proceed with the procurement of this equipment. Motion carried 5-0. Resolution No. 2001-01, adopting the new Master Lease Agreement with SunTrust Bank, approving Equipment Schedule 1, and designating it as a Qualified Tax Exempt Obligation. (Buyer Tolbert) City Attorney Rosenthal read the title only of the Resolution. Buyer Tolbert reported contacting SunTrust Leasing Corporation, Ford Motor Credit Company and Commercial & Municipal Capital for bank qualified financing for a lease term of three years for police vehicles and four years for other city vehicles. It was determined that SunTrust Leasing Corporation offered the best interest rate at 4.489 % combined annual interest rate and she recommended approval of the new Master Lease Agreement with SunTrust Leasing Corporation. Commissioner Anderson. seconded by Commissioner Howell. moved to 1) approve a new Master Lease Agreement with SunTrust Leasing Corporation. and 2) approve Resolution No. 2001-01 for the Bank Qualified Tax Exempt Lease-Purchase Agreement Schedule No.1 Page 5 of 11 Ocoee City Commission Regular Meeting February 6, 2001 between the City and SunTrust Leasing Corporation and authorize execution thereof by the Mayor and City Clerk and further authorize the Mayor. City Clerk. and Staff to execute all documents necessary to consummate the transaction contemplated by the Agreement. Motion carried 5-0. Resolution No. 2001-02, Declaring a Water Shortage Emergency and Providing for Implementation of Water Shortage Plan of the St. Johns River Water Management District. (City Attorney Rosenthal and City Engineer/Utilities Director Shira) City Attorney Rosenthal read the title only of the Resolution. Assistant City Engineer Wheeler gave the staff report and an overhead presentation from St. Johns River Water Management District showing the drought conditions in this area and stressing the need to conserve water. Commissioner Anderson read an e-mail message pointing out that homeowner associations need to follow the rules also. Community Relations/Projects Director Shira advised the POWR team had met with Cathy Sills to find out who the top 20 water users are and they will take them to a seminar March 17. She said all of them are homeowner associations. Commissioner Anderson read a telephone message reporting a broken sprinkler at Save & Pack store on Bluford A venue. Mavor Vander2fift. seconded by Commissioner Anderson. moved to adopt Resolution No. 2001-02 declaring a water shortage emergency and providing for the implementation of the water shortage plan of the St. Johns River Water Management District and authorize execution thereof by the Mayor and City Clerk. Motion carried 5-0. Mayor Vandergrift announced the LINK 101 ribbon cutting Monday, February 12 and invited citizens to join him on the bus ride at 8:25 a.m. leaving from the West Oaks Mall. Appointments to Boards (City Clerk Grafton) Citizen Advisory Council for Police Department - Reappoint Richard Luce for term ending February 1, 2004/Appointment replacing David Aho for term ending January 1, 2004. Commissioner Anderson. seconded by Commissioner Johnson. moved to reappoint Member Richard Luce to another three year term on CACOPD and to appoint Freddy Milner to complete David Aho's term which ends January 1. 2004. Motion carried 5-0. Page 6 of 11 Ocoee City Commission Regular Meeting February 6, 2001 Education Commission - Martha Lopez-Anderson resigned a term ending August, 2002. Opening remains for term ending August, 2001. Commissioner Johnson asked that the rules for this committee be provided for him to review. Commissioner Parker. seconded by Commissioner Anderson. moved to apooint Jeffrey S. Roach to complete Martha Looez-Anderson's term which ends August 2002. Motion carried 5-0. Parks and Recreation Advisory Board - Anthony Cristelli resigned a term ending October 1, 2001. Openings remain for one term ending October 1, 2001 and two terms ending October 1, 2002. Mayor Vanderl!rift. seconded by Commissioner Howell. moved to appoint Jeanne Telesca to comolete Member Sherman's term which ends October 1. 2001. and Veronica Royce to comolete Member Chamber's term which ends October 1. 2002. Motion carried 5-0. Request to Adopt Amendments to Ocoee/Orange County Utility Service Area Agreements. (City Engineer/Utilities Director Shira) City Engineer/Utilities Director Shira presented the staff report and described the several areas that would be better served by Orange County utilities that are in Ocoee' s utility service area and also the reverse. He noted that Orange County's objection to the exchange would be set aside if Ocoee would agree to reduce the 25 % surcharge currently charged county consumers down to 15% over a period of time. Mayor Vanderl!rift. seconded by Commissioner Parker. moved to direct staff to preoare the necessary ordinance revisions to effect the surcharge reduction. and to preoare the aoorooriate service territory amendments to be considered at a later date by both the Citv Commission and the Orange County Commission. Motion carried 5-0. Maguire Road Widening Project: Phase 5 Design Proposal - PEC Addendum No. 005 for $345,825.00. (City Engineer/Utilities Director Shira) City Engineer/Utilities Director Shira gave the staff report which spelled out the history of the Maguire Road widening project and the projected schedule, which included an expenditure for design services for FY20001200 1. Mr. Shira recommended authorization of Addendum No. 005 for a not -to-exceed amount of $345,825.00. Commissioner Howell. seconded by Commissioner Anderson. moved to approve Addendum No. 005 to the Agreement for Consulting Engineering Services with PEC for a not-to-exceed Page 7 of 11 Ocoee City Commission Regular Meeting February 6, 2001 amount of $345.825.00 and to authorize the Mayor and City Clerk to execute the Addendum. Motion carried 5-0. Approval and Authorization to Grant $400.00 to Bahia Shrine Circus Fund. (Community Relations/Projects Director Shira) Commissioner Anderson. seconded by Commissioner Parker. moved to approve the grant application for the Bahia Shrine Circus Fund in the amount of $400.00 and designate the Christian Service Center to use the tickets received as a result of this grant. Motion carried 5-0. Approval to Waive the RFP Purchasing Procedures for Budgeted Television Equipment and Authorize Approval of the Proposal from Professional Communications Systems. (Community Relations/Projects Director Shira and Television Operations Manager Karl Prihoda) Community Relations/Projects Director Shira advised the total package for the TV equipment is over $15,000.00 and ordinarily would require an RFP. However, because of the procedures Mr. Prihoda had gone through, she felt he might have given adequate notice and information to interested parties to permit waiving the purchasing procedures. Mr. Prihoda said he had contacted seven companies and had met with four of those companies on site. Mavor Vandererift. seconded by Commissioner Johnson. moved to waive the standard purchasing procedures and approve the proposal from Professional Communications Systems as requested by Staff. Motion carried 5-0. STAFF REPORTS Charter School Acting City Manager Gleason directed attention to a letter dated January 29,2001, from Ronald Blocker of the Orange County Public Schools, requesting the City to defer the City's consent approval of the charter denial for sixty (60) days to enable the respective staffs to finalize their work and present the results of their work to them. Mavor Vanden!rift. seconded by Commissioner Johnson. moved to extend the consent approval of the charter denial for sixty (60) days as requested. to enable the School Board to organize their branch of the School Board to manage charter schools . Motion carried 4-0. Commissioner Johnson was away from the dais when the vote was taken. Additional Homestead Exemption for Persons 65 or Older Mr. Gleason explained the procedure necessary to initiate in the City of Ocoee the additional homestead exemption for persons 65 and older, which is authorized in the State Statutes, Page 8 of 11 Ocoee City Commission Regular Meeting February 6, 2001 . saying the ordinance must be in place by December 1 in order to make the benefit available next fiscal year. Details were described in his memo dated February 1, 2001, and he requested direction for staff. Mayor Vandergrift. seconded bv Commissioner Howell, moved to direct staff to move forward preparing an ordinance to make the additional homestead exemption for persons 65 and older a policy in Ocoee. Motion carried 4-0. Commissioner Johnson was away from the dais. Central Florida Council for Florida House Mr. Gleason called attention to the invitation to a reception at Mennello Museum of American Folk Art, Princeton Avenue, Loch Haven Park, on Thursday, February 22,2001,6:00 to 8:00 p.m. from the Central Florida Council for Florida House. Commissioner Parker said Mrs. Ervine would be presenting more information at Rotary Wednesday morning. Traffic Enforcement Mr. Gleason reported on the traffic enforcement which had been done on Russell Drive in January as a result of the petition presented to Mayor Vandergrift by the residents in the Russell Drive area. He suggested it may be time to incorporate some of the traffic calming devices that were incorporated into a City policy some time ago. Commissioner Johnson asked that someone look at the traffic calming device on Delaney Street in Orlando which is almost a roundabout. Mr. Gleason said he would get with Mr. Shira and develop a plan to present to Commission for direction. Football Fields Mr. Gleason said he had asked Mr. Smith when he returns to have a briefing regarding the responsibility of the City versus Groundtek in the care of the pest and weed control of all City properties. COMMENTS FROM COMMISSIONERS Commissioner Parker - No comments at this time. Commissioner Johnson 1) Said he had asked for a report on Palm Pilots and Information Systems Manager Ross had provided it. (E-mail dated February 6, 2001 1 :54 p.m. distributed at this meeting) He suggested each Commissioner could request one if they wished. Later in the meeting he asked for and received agreement, without objection. Page 9 of 11 Ocoee City Commission Regular Meeting February 6, 2001 2) Said to get with Allen Bond regarding the well. Mr. Gleason said that had been addressed and resolved, but not yet reported. 3) Observed that the telephone calls he receives as a Commissioner deal mostly with getting the plans through the Planning Department. He proposed retaining 3 agencies to process plans. Mr. Gleason said he will have a meeting with Building Department and Planning Department and return with a plan. Mavor Vanderlrrift. seconded by Commissioner Johnson. moved to add consultants to the Planning Department as requested by Commissioner Johnson. Motion carried 5-0. 4) Suggested finishing the large room next to the City Manager's office and moving the Commissioners' office to that location, then enlarge the conference room to include their former office. (Credited Commissioner Anderson with the idea.) 5) Expressed his appreciation for the support of District 3 and the citizens citywide and said he would be back working for them for another 3 years. 6) Suggested naming a water plant or street for Sam Oliver, who was in charge of the water supply system in the beginning of the service. Commissioner Anderson 1) Said that last year he noticed broken sidewalks all over town and proposed setting standards so sidewalks would hold up. Asked that staff find out what other cities do to keep from having broken sidewalks. 2) Asked that the item on the agenda which was not considered at the special session be considered at this time, and a brief discussion resulted in the following motion regarding the Grant Policy: Commissioner Anderson. seconded by Commissioner Johnson. moved to grant funds only to non-profit or not-for-profit groups. Motion carried 5-0. Community Relations/Projects Director Shira advised staff has put a time limit on the requests, requiring two weeks notice before the request goes on an agenda for consideration by this Commission. She then asked for clarification on the definition of a group: Are two a group? The response was yes, and they must be sponsored by an organization. Commissioner Anderson read two e-mail messages: 1) You must set lighting limitation and a standard for the lighting of a church steeple. 2) Jeffrey Hardy, 310 Rewis Street, noticed drilling going on in Central Park. Who is drilling and what for? Page 10 of 11 Ocoee City Commission Regular Meeting February 6, 2001 Commissioner Howell 1) To Ellis Shapiro and his family - his prayers are with you. 2) Prayers are also with the family of his friend, Jiffy Skipper, who passed away this week. 3) Asked that some traffic calming device be placed at Kimball Street and Wurst Road. Mr. Gleason said he would check into it and respond by the next meeting. 4) Asked that staff contact the railroad and find out when they will clean up the mess they left near Malcolm Street. 5) Expressed his appreciation for the Ocoee employees who prepared a meal for the Skipper family following the funeral for their family member. He named Vicki Prettyman, Drixie Chapman, Ricky Waldrop, and Brandy Everett. 6) Announced the Big Orange golf tournament March 4, 2001. Mrs. Shira reported Recreation Director Nordquist had already budgeted for the foursome. Mayor Vandergrift read two telephone messages received during the meeting: 1) Skip Davis expressed concern about the $15,000 spent for television equipment, as the equipment requested does not meet broadcast TV standards, and he believed the City is not advancing its television technology and the money will be wasted on equipment that will be outdated within the year. 2) Rosemary Davis said at the Education Commission meeting Monday night the possibility of a public forum was put on the March agenda only to address concerns parents had brought to the Board's attention. No member of this advisory board would consider doing anything without the approval of the City Commission, as ex officio member Johnson can attest to. ADJOURNMENT The meeting adjourned at 10:40 p.m. Attest: APPROVED: City of Ocoee 'j Page 11 of 11