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HomeMy WebLinkAbout04-20-99 rff MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD APRIL 20, 1999 The West Orange Performing Choir presented several numbers before the start of the meeting. CALL TO ORDER Mayor of the Moment Kyle Paccioco, after being introduced by Mayor Vandergrift, called the regular meeting to order at 7:20 p.m. in the Commission Chambers. Pastor Luis Pluguez, New Life Christian Church, led in prayer, and Patrick Ryan led the pledge of allegiance. The roll was called, and a quorum was declared present. PRESENT: Mayor Vandergrift and Mayor of the Moment, Kyle Paccioco, Commissioners Anderson, Howell, Johnson and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, City Clerk Grafton, Human Resources Director Psaledakis, Finance Director Horton, Police Chief Mark, Planning Director Wagner, Fire Chief Strosnider, Director of Community Relations/Projects Shira, City Engineer/Utilities Director Shira, Public Works Director Smith, Building and Zoning Official Flippen, Buyer Meridith, Recreation Director Nordquist, Assistant City Engineer/Utilities Director/Construction Administrator Wheeler, Police Captain Wilson, Finance Supervisor Carter, and Budget Analyst Strickland. ABSENT: None. Mayor of the Moment Paccioco introduced himself, saying he is student council president of Clarcona Elementary School, and he introduced his family and a friend. At Mayor Vandergrift's request, he read the letter that led to his being chosen Mayor of the Moment. Mayor Vandergrift introduced the visitors from EI Salvador, the COMURES, and asked each of them to stand and tell the audience about his city. Those in the delegation were: . Manuel de Jesus Aguilar, Finance Director . Marco Antonio Funes, Mayor, Olocuilta . Carlos Francisco Rugamas Contreras, Mayor, EI Porvenir . Carlos Luna, Mayor, Alegria . Rigoberto Trinidad, First Secretary, COMURES . Maria Margarita Alfaro Bulle, Coordinator, Communications and Inter-Institutional Relations, COMURES Lynn Tipton, Director of Membership Development for the Florida League of Cities, thanked the City for the warm and wonderful hospitality shown to the delegation. She explained that COMURES, which stands for the Corporation of Municipalities of the Republic of EI Salvador, is very similar to the Florida League of Cities. There is a three-way partnership in Florida with COMURES, the Florida League of Cities and the Florida City and County Management Ocoee City Commission Regular Meeting April 20, 1999 Association. The program in which they are involved is an international resource cities program through the International City/County Management Association, ICMA, and Isabelle Bully- Omictin, their staff person, was also present. Mayor Vandergrift was presented with a gift from the delegation. For each of the mayors and each member of the delegation, Mayor Vandergrift had a proclamation, which made them honorary citizens of Ocoee, Florida, for the day and extended to them a warm welcome. Recess 7:55 p.m. to 8:06 p.m. PRESENT A TIONS AND PROCLAMATIONS PRESENTATIONS WEST ORANGE CHORAL GROUP REQUEST FOR SUPPORT - WEST ORANGE CHORAL DIRECTORS JEFFREY REDDING AND GAIL MININGER Commissioner Parker advised that the ladies chorus was going to New York the next day to sing in Carnegie Hall. She said they were asking the City for support to help defray the expenses of the bus trip. They needed $9,000.00 more and were asking for whatever support the City could give. Commissioner Parker, seconded by Commissioner Anderson. moved to grant the West Orange Choral Group ladies chorus $1,000.00 in support for their trip to New York City. Motion carried 5-0. OCOEE MIDDLE SCHOOL - ROB MAPHIS, PROJECT MANAGER; KATE CLARK, PRINCIPAL Please see page 3 for this item. ODYSSEY OF THE MIND - WORLD FINALS COMPETITION AT UNIVERSITY OF TENNESSEE - REQUEST FOR SUPPORT - KATE CLARK, PRINCIPAL, AND SHERI KOBOS, TEACHER Kate Clark, Principal of Ocoee Middle School, advised that the students of Ocoee Middle School won the state championship and would be representing the school at the world competition in Knoxville, Tennessee, and asked for support from the City to help get them to Tennessee. Ken Ezell, structure builder for the West Orange High School team, and William Meginley, 504 East Silver Star Road, asked for support for West Orange High School in conjunction with Ocoee Middle School. Commissioner Anderson, seconded by Commissioner Johnson, moved to grant $2,000.00 total support for the Odyssey of the Mind team to include the $500.00 approved by the Commission on February 2, 1999, for transportation to Knoxville, Tennessee, for the world competition. Motion carried 5-0. 2 Ocoee City Commission Regular Meeting April 20, 1999 INNOVATIVE IDEA - WELL WIZARD REPLACEMENT BY DAVID KINLER, WASTEWATER TREATMENT PLANT OPERATOWLABORATORY TECHNICIAN City Engineer/Utilities Director Shira explained David Kinler's idea and thanked him for his idea that saved the City about $2,700.00. Mayor Vandergrift presented Mr. Kinler with a check for $270.00. YMCA YOUTH SCHOLARSHIP CAMPAIGN - REQUEST FOR SUPPORT, TOM BRECK Tom Breck explained the scholarship program and requested $2,000.00 support for it. Commissioner Anderson said City gave $1,000.00 last year. Mr. Breck said the YMCA raised $22,000.00 last year, and they anticipate a request of almost $40,000.00 for the youth scholarships this year. Thus far, they have raised almost $19,000.00, 80 percent of which had come from YMCA members or community businesses with whom they partner. Commissioner Johnson asked for the names and addresses of the young people who were helped the year before because of the City's contribution and asked if the City could suggest Ocoee children to be recipients ofthe money. Mr. Breck said yes. Commissioner Johnson, seconded by Commissioner Anderson, moved to donate $1,000.00 toward the YMCA Youth Scholarship Campaign. Motion carried 5-0. WEST ORANGE HIGH SCHOOL - HAROLD DOUGLAS COOPER PERFORMING ARTS CENTER - REQUEST FOR PARTNERSHIP -FORMER COMMISSIONER JIM GLEASON, WOHS PTSA PRESIDENT Jim Gleason, WOHS PTSA President, explained the fund-raising campaign to replace the 700 seats in the Harold Douglas Cooper Performing Arts Center and requested $500.00 for five seats to represent the five elected officials of the City. Commissioner Anderson. seconded by Commissioner Parker, moved to grant $500.00 for the five seats for the Harold Douglas Cooper Performing Arts Center at West Orange High School to represent the five elected officials as requested. Motion carried 5-0. Mayor Vandergrift said for more information call West Orange High School at 656-2424. The following presentation was scheduled for earlier in the meeting. OCOEE MIDDLE SCHOOL - ROB MAPHIS, PROJECT MANAGER; KATE CLARK, PRINCIPAL Planning Director Wagner introduced the design team for the Ocoee Middle School: Kate Clark, Principal of Ocoee Middle School; Bob Morris, chairman of the Smart School Design Committee; Rene Tercilla of Fanning/Howey and Associates, architect for the project; Larry Rosen, educational consultant; Eric Houston, Orange County Schools; and Rob Maphis, project manager for James A. Cummings. Mrs. Clark said the state allocated over $16 million to rebuild Ocoee Middle School, and with the Orange County Public Schools contribution, the total is over $22 million. 3 Ocoee City Commission Regular Meeting April 20, 1999 Mrs. Clark said this project came as a result of the 1997 Florida Legislative Session that dealt with school construction. When the legislation was being put together for the Smart Schools clearinghouse, House Speaker Daniel Webster included in that bill a provision for building a demonstration middle school for the state, and Ocoee Middle School was chosen to be that school. She advised that Bob Morris is Senator Webster's appointee to the Smart Schools clearinghouse. She said Eric Houston is knowledgeable and is an accomplished mediator in disputes and discussions. She said that Richard Acuri, who was not present, represents the Department of Management Services that holds the program management contract to oversee the building ofthe school, which is a state project, not an Orange County project. She spoke of Rene Tercilla of Fanning/Howey and Associates, one of the nation's largest builders ofK-12 schools. She said the newest member of the project team is James A. Cummings, Inc., a construction management firm, and Rob Maphis the project manager, is a new Ocoee resident. She said Planning Director Russ Wagner had been instrumental representing the City in bringing to mind issues of which they needed to be aware. She also introduced the members of the Ocoee Middle School PTSA and School Advisory Council. Bob Morris advised that the Smart School Clearinghouse is comprised of five private citizens appointed by the governor and legislature to oversee the expenditure of state funds for schools, making sure money is spent where it counts. He said the design of the new school is flexible, and the committee has made sure this school is at the leading edge of technology. The school is designed to be part of a community. Because the track at the school is used by the community, provisions were made in the design of the new campus to incorporate a track on the south side. Recreation fields have been developed that will be community facilities. The media center, theater, gymnasium and all meeting areas are designed for night use as well as day use. Classrooms can be locked at night leaving the gathering areas open. Rene Tercilla, a principal of Fanning/Howey and Associates, architects for the project, said they had done over two billion square feet in the last five years of K-12 facilities, but because this project was different from the start, they had brought in experts from around the country, and inquiries have come from as far as Syracuse, New York, regarding this project. The staff, teachers and PTSA for Ocoee Middle School have been involved in the project. He referred to the displayed site plan, explaining the different buildings. Mrs. Clark said the Commissioners should have received an invitation to the groundbreaking, which is scheduled for 9:30 a.m., May 11, 1999. The school is looking to form alliances with businesses, and those meetings will continue after groundbreaking. She said she was looking forward to continued support from the City. She said it had been a tremendous partnership, and she looked for it to continue. Mayor Vandergrift complimented the people who were involved in planning the school and getting the community involved. He said the City is moving in the direction of having a functioning community T.V. network and that he had proposed tying the schools to it, featuring a school every month doing its morning exercises. 4 Ocoee City Commission Regular Meeting April 20, 1999 ADVANCED INSTITUTE FOR ELECTED OFFICIALS - CERTIFICATE OF COMPLETION FOR MAYOR VANDERGRIFT - PRESENTED BY MAYOR PRO TEM ANDERSON This item was omitted. CERTIFICA TE/ AWARD FOR COMMISSIONER PARKER FROM FIRE DEPARTMENT Fire Chief Strosnider presented Commissioner Parker with a plaque of appreciation, a picture of her in full protective gear and the fire helmet she used during the exercise. He said some training will be conducted at the old Dr. Mills' building on State Road 50 in two to three weeks and invited the rest of the Commission to ride with them. Commissioner Parker thanked the lieutenants and crews for "putting up with me" and showing her how to do the job. Mayor Vandergrift announced that due to the lateness of the hour it was time for very young mayors to retire; so he thanked Mayor of the Moment Kyle Paccioco for his assistance in conducting the meeting and sent him home. PROCLAMATIONS CRIME VICTIMS' RIGHTS WEEK - APRIL 25 - MAY 1, 1999 LAW DAY U.S.A. - MAY 1, 1999 SHOW YOUR COLORS, AMERICA! MONTHS - MAY THROUGH NOVEMBER 1999 WILDFIRE AND WATER PROTECTION MONTHS - APRIL 15 THROUGH SEPTEMBER 1, 1999 CARIBBEAN COMMUNITY DAY - APRIL 24,1999 Mayor Vandergrift briefly talked about the proclamations instead of reading them. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, and F. Commissioner Anderson, seconded by Commissioner Parker, moved to approve the consent agenda as presented. Motion carried 4-0. Commissioner Johnson was away from the dais. A. Approval and Acceptance of Minutes of (1) City Commission Re2:ular Meeting of April 6. 1999. (2) Meetings Called by Commissioner Anderson for April 1 and (3) April 5. 1999. and (4) Budget Workshop held April 12. 1999. B. Approval and Authorization to Implement a Fundraising Block Program at the Vi2:netti Recreation Center. . Funds derived from this program will be used to purchase large ticketed items such as kiln, pottery wheels, foosball table, etc. C. Approval and Authorization to Expend $6.445.00 of ImDact Fee funds for the Procurement of Exercise Equipment and Pressure Washer. . This equipment will outfit Fire Station One with the same complement of exercise equipment present in Fire Stations Three and Four. The pressure washer will be used to clean the apparatus bay floors and Fire Station buildings. D. Approval and Authorization to Temporarily Close East Oakland Avenue from Bluford Avenue to Lakeshore Drive from 6:00 a.m. to 9:00 a.m. ADril24. 1999. . This closure is for the Ocoee Historical Commission's Annual Arts and Crafts Festival. 5 Ocoee City Commission Regular Meeting April 20, 1999 E. Approval and Authorization for Mayor and City Clerk to execute the Notice of Termination of A2:reement between the City and Sanlando Land. Inc. . In lieu of the replat for Lots 13 through 22 in Admiral Point Phase II agreed upon in the March 2, 1999, Regular Commission Meeting, affidavits correcting the Construction Limit Line have been recorded in accordance with Section 177.141, F. S. F. Approval and Authorization to award a contract with Prime Construction GrouD. Inc. in the amount of $348.840.00 for Phase 3 Water Distribution Main Project Part I and $297.775.00 for the Phase 3 Water Distribution Main Project Part 2 in Accordance with the following steDs: (1) Authorize the En~ineerin2: DeDartment to execute the Notices of Intent to Award and secure executed contract documents. bonds and insurance from the contractor. and (2) Authorize the Mayor and City Clerk to execute the contracts with Prime Construction Group. Inc. at such time as the contract documents are reviewed for compliance by staff and le2:al counsel. as needed. . Part 1 allows for the installation of a new 12-inch water main along Ocoee-Apopka Road from north of Silver Star Road to Fuller's Cross Road, connecting the existing 12-inch water main on Ocoee-Apopka Road at Sobik's Sub Shop to the new water main on Fuller's Cross Road to be constructed under the Part 2 contract. Part 2 allows for the installation of a new 12-inch water main along Fuller's Cross Road and Clarcona-Ocoee Road, south along Clarcona-Ocoee Road to Wurst Road to connect to the new lines constructed under Phase 1 contract. COMMENTS FROM CITIZENS/PUBLIC Bob Steen, 1214 Sandpine Lane, Commissioner of the Ocoee Football League, said the City invested $50,000.00 in the football field two years ago. He said there are too many weeds on the field and the grass is being cut too short. He then asked for suggestions for a location for the teams to practice since they will not be able to practice at Ocoee Middle School. City Manager Shapiro said the field would be in shape when they are ready to play. Commissioner Anderson said he felt it would be a good idea to have a list of the places in the area where practice can be held for football, as well as other sports. Mr. Shapiro said he would see what could be done to help. Commissioner Parker read an excerpt from a letter from Pop Warner Little Scholars, Inc. that was sent to Michael Reilly, 1335 Olympia Park Circle, Ocoee. "It is a great pleasure to announce that you are a Pop Warner First Team Senior All American Scholar. This is a tremendous honor. You are one of only 53 players and cheerleaders in eighth grade and above to receive this award. You should be very proud. You are only one of 35 football players and 18 cheerleaders selected from over 50,000 applications for this honor." She said because of his skills in football and his scholastic efforts he was going to be presented with an award in Disneyland in Anaheim, California. She said she wanted to honor him and asked for support for his trip to California so he can receive this honor, along with the other young people who received this award. 6 Ocoee City Commission Regular Meeting April 20, 1999 Commissioner Parker, seconded by Commissioner Howell. moved to pledge $350.00 for Michael Reilly to go to Anaheim, California, to receive his award from PoP Warner Little Scholars, Inc. Motion carried 5-0. Michael Reilly thanked the City and said he was honored for its support. He also thanked the league and Bob Steen for their training and support. Mrs. Reilly thanked the City for making it possible for the entire family to go see Michael honored. Bob Ferdinand, 12202 Park Avenue, Windermere, partner in the Esplanade Apartment project on Maguire Road, asked for permission to use stone, instead of brick, for the 150 feet of wall along Maguire Road like that to be used on the marquees, a bridge and retainer walls. A condition of approval of the project by the City was that brick be used for the walls. Discussion followed, and Mr. Shapiro asked if it would be possible for their representatives and the City to meet with some of the Cross Creek leadership for input. City Attorney Rosenthal said an evaluation needed to done to see if a public hearing would be required. Mr. .Shapiro said it would be discussed when he met with Mr. Rosenthal on Thursday, April 22, to see how to proceed. Mayor Vandergrift asked to bring the following itemforward. RELOCATION OF FIRE STATION ONE Fire Chief Strosnider introduced Attorney Mary Doty of Foley and Lardner, who had been assisting with the property search to relocate Fire Station #1. He advised Fire Station #1 was built in 1974 and housed three firefighters, an inspector and a chief. Now it houses six firefighters and two inspectors, and administration had to move into a portable on the side of the station. One consideration in choosing property is the Insurance Service Organization (ISO) rating, which is the basis for charges levied by insurance companies for fire insurance. The smaller the number, the lower the insurance. Ocoee has gone from a six to a four and wants to go to a two. Location is crucial. Going farther than a mile and a half in coverage would negatively affect the rating, but finding the needed four-acre parcel has been difficult. The parcel that has been chosen is bordered by Orlando A venue to the north, South Cumberland Street to the west, Columbus Street to the south and Bluford Avenue to the east. Commissioner Johnson said a necessary issue to be taken into consideration is impact on the neighborhood. He asked that the neighbors be contacted and advised of the plans. Chief Strosnider said there would be an opti-com operated light for the department to use when responding to an emergency rather than a siren. He said the desire was to put a meeting room in this station large enough for home owners to use or to use as a classroom and to have enough landscaping to act as a buffer. Mr. Shapiro said they would meet with the neighborhood and let them help design it. Mayor Vandergrift asked if there would be a public hearing, and Mr. Shapiro said under Code, the fire station is a lawful use. 7 Ocoee City Commission Regular Meeting April 20, 1999 Attorney Doty advised the agenda item was for discussion. She said she would have to bring before them a resolution at the next meeting that would authorize the condemnation proceeding. Mayor Vandergrift said, without objection, for Attorney Doty to bring it before the Commission at the next meeting. As a correction, City Attorney Rosenthal said that in order to use this property, the City would have to have a public hearing for a public use of the property, which is permitted in all zoning districts, similar to what was just done with the school and the library. If there was an inclination on the part of any of the Commissioners not to approve that use at the public hearing, it would be prudent to get that discussion out before the City spent money to buy the land. Mr. Shapiro suggested the City advertise for a public hearing if it is legal to do so in light of the fact that the City is not in control of the land. He suggested notifying the property owners abutting the property of the City's intent to have a Resolution at the next meeting so that if there are objections, they can be addressed. Mr. Rosenthal suggested that everyone involved be notified. Commissioner Anderson said there was potentially going to be a lot of building going on in the next three years, and there was no grand scheme of where everything would be. Mr. Shapiro said the problem is when property is pinned down prior to negotiations, the price automatically rises. A revenue bond will pay for the next station, and the project on the northwest fire station needs to go forward. Attorney Doty said there would be a public hearing next meeting, May 4, 1999, and notice would go out to the property owners on Orlando A venue, Columbus and Bluford across from the station. She said she would advise Chief Strosnider that the notices need to be sent to the two property owners whose property is being considered, as well as to Florida Rock as the neighboring property owner. She said she would have a resolution put on the agenda for the May 4 meeting. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Howell 1) Spring Lake Elementary will hold its spring carnival Saturday, April 24, 1999, from 10:00 a.m. to 3:00 p.m. at the school. There will be park and ride from the Winn Dixie shopping center. The City is furnishing the bus for the shuttle. There will be games, a moon walk, pony rides, food and drink, etc. 2) The meeting with the affected home owners on the Wurst Road project is scheduled for 7:00 p.m. on Thursday, April 22, 1999, in the Commission Chambers. 8 Ocoee City Commission Regular Meeting April 20, 1999 Commissioner Parker 1) The tours of the Withers Maguire House and the Craft Show sponsored by the Historical Commission are Saturday, April 24, 1999, from 9:00 a.m. to 3:00 p.m. There will be a variety of crafters, food, baked goods and tours for a donation of $3.00 for adults and $1.00 for children. She encouraged everyone to come. 2) On Saturday, May 1, 1999, the Big Orange Games will be held at the Ocoee Middle School track. She said Coach Beech would love to have all the Commissioners and the Mayor there for the opening ceremonies, which are at 9:00 a.m. She asked for volunteers, saying she volunteers every year. She said the kids will give everyone the energy and inspiration to get through the rest of the year. 3) The West Orange Neighborhood Center for Families is going to host a community forum. They would like to get with businesses, community leaders and churches to find out what can be done to take services into the neighborhoods. She passed out flyers and invited people to get involved. Commissioner Johnson 1) Thanked City Manager Shapiro, Public Works Director Smith and the Public Works Department for getting right on the sidewalks for the safety of children on Palm Avenue, for making the walk entrance on Ocoee-Apopka Road and for the sidewalk for Pioneer Key I. He said they did a great job. Mr. Shapiro said, for the record, "Commissioner Johnson has been sick with a bad back due to his work, and I appreciate the fact he's here tonight." Commissioner Anderson 1) Said he asked the City Clerk's Office to gather information on different buildings in the local area where gatherings can be held to include capacities, requirements and costs. The information should be ready within the next week. PUBLIC HEARINGS SECOND READING OF ORDINANCES ORDINANCE NO. 99-20, MONTHLY STIPEND FOR COMMISSIONERS City Attorney Rosenthal read the title of Ordinance 99-20: An Ordinance of the City of Ocoee, Florida, relating to the payment of a monthly stipend to the Mayor and City Commissioners for local travel and local expenditures incurred in the performance of official business on behalf of the City; providing for severability; providing for conflicts; providing an effective date. The public hearing was opened. Lester Dabbs, Jr., 619 Caborca Court, spoke in opposition to the ordinance and presented his argument, citing the various allowances available to members of the Commission. Mayor Vandergrift said to note that not all of the Commission takes advantage of that the extra funds available. 9 Ocoee City Commission Regular Meeting April 20, 1999 Mr. Dabbs said there was no accountability in this request for a stipend, and he felt that elected officials should be accountable. City Manager Shapiro said the administration could have done a better job in having a run- through with the elected officials after election regarding what their rights are. He said he felt part of the reason they had not submitted travel reimbursement requests was they did not know how or why. He felt an orientation was appropriate for elected officials and appointees to citizen committees. He apologized for the lack of that service to anyone. Betty Hager, 511 Orange Avenue, also spoke in opposition to the ordinance. The public hearing was closed. Mayor Vandergrift passed out his activity report that was completed April 20 and covered January 1, 1999, through March 29, 1999. Commissioner Howell said, although $300 was the amount proposed in the ordinance, he did not ask for $300.00 a month. There was a meeting with Attorney Rosenthal and City Manager Shapiro. The $300.00 came about because they did not want to go below what the Mayor spends a month. He said his recommendation was $300.00 for the Mayor and $150.00 for the Commissioners. He said this was not an attempt to make money, and he said he did not see anything wrong with asking for $150.00 for expenses. He said if he thought it was wrong or if he was trying to cheat someone, he would not have asked for it publicly but would have put it in the budget since it does not have to have a public hearing. Commissioner Parker asked that someone please do as much research the next time the City is spending millions of dollars on something as had been done on this issue because she would appreciate the assistance. She said her accountant advised her she would be accountable for a travel stipend and would fall under the two percent rule on mileage. She said she had never turned in her mileage, and most of her travel is in Ocoee. She said she had been working with the Finance and Human Resources Departments and had learned what and how to report. Commissioner Johnson said he had not filled out mileage or expense forms but would do so in the future. Commissioner Anderson said even though he makes $333.33 a month, with $143.00 a month deducted for dependents, his check is about $190.00. He said he had documented his mileage for two and a half weeks, and he traveled 164 miles for City business. At $.30 a mile, that comes to $49.20. His cell phone bill for March was $40.11. He commended Commissioner Howell for trying to come up with a way to make it easier to be reimbursed. He said the City probably spent enough money on research to do the stipend for three years. 10 Ocoee City Commission Regular Meeting April 20, 1999 Mayor Vandergrift said if he were working a 40-hour week, he would be making $2.19 an hour on the basis of his pay. He said until Jim Gleason became a Commissioner, he did not know he could turn in mileage. He said he felt a stipend would be more cost effective. Commissioner Howell moved to adopt Ordinance 99-20, an Ordinance relating to the payment of a monthly stipend to the Mayor and City Commissioners for local travel and local expenditures incurred in the performance of official business on behalf of the City: providing for severability: providing for conflicts; providing an effective date with the stipend to be $300.00 monthly for the Mayor and $150.00 monthly for each of the Commissioners. Motion died for lack of a second. Mayor Vandergrift. seconded by Commissioner Howell. moved to adopt Ordinance 99-20, an Ordinance relating to the payment of a monthly stipend to the Mayor and City Commissioners for local travel and local expenditures incurred in the performance of official business on behalf of the City: providing for severability: providing for conflicts: providing an effective date, revising Section 1 so that the stipend be $150.00 monthly for the Mayor and $100.00 monthly for each of the Commissioners and mileage up to 25 miles outside the City would not be reimbursable. Motion failed 2-3. Commissioners Anderson, Johnson and Parker dissented. Mayor Vandergrift asked for staff to compose a clear, one-page policy for submitting reimbursement requests. Commissioner Parker requested that the following item be addressed at this point. FIRST AMENDMENT TO THE STIPULATION AND SETTLEMENT AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE/SA WMILL SUBDIVISION City Attorney Rosenthal presented his report on the First Amendment which would (1) allow the owner of Lot 24 of the Sawmill Subdivision to seek land use approvals and development permits from the City for development of Lot 24 at a level more intense than one dwelling unit per acre and allow Lot 24 to be replatted into residential lots of less than one acre in area and (2) provide a consent by the County and the City to an amendment to the Sawmill Subdivision Restrictive Covenants in order to eliminate any provisions which would prohibit the replatting of Lot 24 as set forth above. Commissioner Parker, seconded by Commissioner Johnson, moved to approve the First Amendment to the Stipulation and Settlement Agreement between Orange County and the City of Ocoee/Sawmill Subdivision that would (1) allow the owner of Lot 24 of the Sawmill Subdivision to seek land use approvals and development permits from the City for development of Lot 24 at a level more intense than one dwelling: unit per acre and allow Lot 24 to be replatted into residential lots of less than one acre in area and (2) provide a consent by the County and the City to an amendment to the Sawmill Subdivision Restrictive Covenants in order to eliminate any provisions which would prohibit the replatting of Lot 24 as set forth above, authorizing the 11 Ocoee City Commission Regular Meeting April 20, 1999 City Attorney to execute the First Amendment to Stipulation and Settlement Agreement. Motion carried 4-0. Commissioner Howell was away from the dais. This following item was taken out of order. FIRST READING OF ORDINANCE NO. 99-21, MID YEAR BUDGET AMENDMENT. SECOND READING AND PUBLIC HEARING SCHEDULED FOR MAY 4,1999. After announcing that the second reading and public hearing would be held May 4, 1999 at 7: 15 p.m., City Attorney Rosenthal read the title of Ordinance 99-21: An Ordinance of the City of Ocoee, Florida, relating to the City Budget; amending the City Budget adopted by Ordinance 98- 22 for the fiscal year beginning October 1, 1998, and ending September 30, 1999, by providing for increase/decrease of appropriations and redesignation of capital purchases; providing for severability; providing an effective date. City Manager Shapiro said after the second reading, there would be a report given to the Commission of what was and was not done. SECOND READING OF ORDINANCES ORDINANCE NO. 99-22, RELATING TO DEAD, DISEASED, DECAYING AND UNSAFE TREES City Attorney Rosenthal read the title of Ordinance 99-22: An Ordinance of the City of Ocoee, Florida, providing that dead, diseased, decaying and unsafe trees within the City constitute a nuisance and menace to public health, safety and welfare; amending Section 115-1 and Section 115-3 of Article I of Chapter 115 of the Code of Ordinances of the City of Ocoee by including dead, diseased, decaying, and unsafe trees within the list of items that constitute a nuisance and menace to public health, safety and welfare; providing for severability; providing for codification; providing an effective date. Commissioner Anderson asked who would determine the condition of the trees. Building and Zoning Official Flippen said either he or a staff member would do so. If there was a question, the Florida Forestry Service would provide backup. Discussion followed. The public hearing was opened and, since no one wished to speak, was closed. Mavor Vander2:rift, seconded by Commissioner Howell. moved to adopt Ordinance 99-22, an Ordinance of the City of Ocoee, Florida, providing that dead, diseased, decaying and unsafe trees within the City constitute a nuisance and menace to public health, safety and welfare; amending Section 115-1 and Section 115-3 of Article I of Chapter 115 of the Code of Ordinances of the City of Ocoee by including dead, diseased, decaying, and unsafe trees within the list of items that constitute a nuisance and menace to public health, safety and welfare: providing for severability: providing for codification: providing an effective date. Motion carried 4-1. Commissioner Anderson dissented. 12 Ocoee City Commission Regular Meeting April 20, 1999 OTHER BUSINESS UTILITY RATE STUDY - CONSULTANT CONTRACT City Engineer/Utilities Director Shira presented his staff report which recommended that the City Commission authorize the Mayor and City Clerk to execute a Contract for Professional Services with Burton & Associates, Inc. for a total not-to-exceed fee of $48,820.00 for a utility rate study. City Manager Shapiro said, for the record, "The only thing we changed other than your discussion of the negotiation was the fact that we are going to have to set a rate for the gray water or dual water system, used water, so we did add that as a cost. While we're at it, we might as well put them under contract for the same thing, for that as well. You are going to have to set a rate, so that's why there's a little difference in the cost. Other than that, there's not anything more than what you negotiated." Commissioner Parker, seconded by Commissioner Howell, moved to authorize the Mayor and City Clerk to execute a Contract for Professional Services with Burton & Associates, Inc. for a total not-to-exceed fee of $48,820.00 for a utility rate study. Motion carried 5-0. AWARD OF LAWN MAINTENANCE BID #99-05 TO GROUNDTEK OF CENTRAL FLORIDA, INC. Buyer Meridith presented her staff report that recommended that the City Commission award Bid #99-05 to Groundtek of Central Florida, Inc. and authorize execution of the agreement between the City and Groundtek of Central Florida, Inc. by the Mayor and City Clerk and further authorize the Mayor and City Clerk to execute all documents necessary to consummate the transaction contemplated by the agreement. Commissioner Anderson asked that Groundtek of Central Florida, Inc. provide a copy of their workers' compensation policy. Commissioner Johnson, seconded by Commissioner Parker, moved to award Bid #99-05 to Groundtek of Central Florida, Inc. and authorize execution of the agreement between the City and Groundtek of Central Florida, Inc. by the Mavor and City Clerk and further authorize the Mayor and City Clerk to execute all documents necessary to consummate the transaction contemplated by the agreement. Motion carried 5-0. RAILS WITH TRAILS REPORT In her staff report, Director of Community Relations/Projects Shira recommended that although the City might not be able to purchase the railroad right-of-way at this time, it continue to pursue the rails both up Clarke Road and through the Beech Recreation Center park area that would ultimately connect to the West Orange Trail across Clarcona-Ocoee Road. She said if this is something the City Commission is interested in pursuing, staff will work to include it as part of the Recreation Master Plan, Comprehensive Plan, and any other necessary documents and will begin developing more detailed plans to denote land area needed for the trail, where it would 13 Ocoee City Commission Regular Meeting April 20, 1999 best be placed, etc. Once these plans are approved at the staff level, they would then be forwarded for City Commission approval. Mayor Vander2:rift, seconded by Commissioner Howell. moved that although the City might not be able to purchase the railroad right-of-way at this time, it continue to pursue the rails both up Clarke Road and through the Beech Recreation Center park area that would ultimately connect to the West Orange Trail across Clarcona-Ocoee Road. Motion carried 5-0. APPOINTMENT OF COMMISSIONER TO SELECTION COMMITTEE FOR RFP FOR SPECIAL SWIMMING POOL DESIGN FIRM Mayor Vandergrift said, without objection, Commissioner Anderson would be appointed to serve on the selection committee for the RFP for the special swimming pool design firm. DESIGNATION OF LAKE APOPKA STAKEHOLDERS FORUM REPRESENTATIVES City Manager Shapiro presented his staff report which requested that the City Commission designate Jim Shira and Russ Wagner as the City's official representatives to the Forum to be held on April 28, 1999, at 3 :00 p.m. for the Designation of Lake Apopka Stakeholders. Mavor Vandergrift, seconded by Commissioner Howell, moved to designate Jim Shira and Russ Wagner as the City's official representatives to the Forum to be held on April 28, 1999, at 3:00 p.m. for the Designation of Lake Apopka Stakeholders. Motion carried 5-0. ST AFF REPORT City Engineer/Utilities Director Shira reported that the City is exceeding the water consumption of last year. The major contributor to the consumption is lawn irrigation. If there were a fire in the early morning hours, there could be a problem. On Wednesday, April 21, he was going to meet with the Water Utility Advisory Board, a group set up by the St. Johns River Water Management District, which will discuss district-wide water conservation restrictions that might be put into play by the district and counties and cities within the district. He said he wanted the Commission to be thinking in terms of perhaps implementing a restriction in the name of the City of Ocoee. Some government entities have already implemented restrictions that range from odd/even to no watering within certain hours, no watering on weekends, etc. He said he might come back from the meeting and ask the Commission for a special meeting because the time might come when something will have to be done. Director of Community Relations/Projects Shira said May 18, 1999, will be the kickoff for the water conservation program. The day will begin at Ocoee Elementary School with a full day planned. The day will end with a reception at City Hall and a presentation at the Commission meeting that night. Mayor Vandergrift said he was concerned that emergency water restrictions might dampen the positive aspect of the water conservation program. He said to keep the P.R. firm aware and involved. 14 Ocoee City Commission Regular Meeting April 20, 1999 Mr. Shira said no one is paying attention to the voluntary restrictions that are more restrictive than those that have been in force for three or four years. The peak time for the City starts at 3:00 a.m. and continues until about 7:00 a.m.. There is another peak in the later afternoon that is not as severe. Mrs. Shira said the P.R. firm was glad to see the water restrictions being broadcast on the news because they play right into their campaign. Mayor Vandergrift asked Mr. Shira to keep the Commission informed. COMMENTS FROM COMMISSIONERS Mr. Shapiro said, for the record, "Commissioner Johnson has been sick with a bad back due to his work, and I appreciate the fact he's here tonight." Commissioner Howell 1) Said Kimball and Sabrina Streets are shot and asked if there are plans to redo them. Mr. Shapiro said they would have to look at the CIP, which is in the process of being developed for this year. 2) Expressed a desire to move the agenda workshops back to Monday evening. He said he could not see asking staff to be present for an hour on Tuesday. Mr. Shapiro said he had no preference for the day, but he was concerned that the staff and attorney be there and that the meetings be structured. Consensus was to change it back to Mondays at 6:00 p.m. Commissioner Anderson 1) Advised he had forms for the Pedi Bear Care Program at Health Central. Pre-registration will enable a working parent to take an ill child to the hospital for $30.00 a day. For information, call 656-8866. 2) Said the Parks and Recreation Advisory Board took a road trip to Kissimmee and St. Cloud to look at different types of pools. They liked the Kissimmee water park complex. Important issues for consideration when choosing a pool are leisure, swimming and competition. He said those who went on the trip supported the water park and want to look at figures to see if a water park could become a reality. 3) Said he received a memo that some attorneys are negotiating with cable T.V. and that he did not know about it. Mr. Shapiro said the Commission would be receiving an e-mail in the next few days asking for a special work session at which the attorneys could present an ordinance, which is being proposed to five to ten different clients, and customize it for the City. 4) Announced an after school activity at the Vignetti Recreation Center involving a 20' x 20' plot being used for children to grow vegetables. Suggested looking at the land in the City to see if there is an area where a community garden could be grown. Mayor Vandergrift said, without obiection, he would put Commissioner Anderson in charge of the community garden. 5) Said there is so much static in the broadcast of City Commission meetings that it is difficult, if not impossible, to hear what is being said. 15 Ocoee City Commission Regular Meeting April 20, 1999 6) Wants to have a lake clean-up in either Mayor June and have it be the kickoff for setting up a lake or lake watch advisory committee to keep the lakes clean. Mayor Vandergrift 1) Referred everyone to page four of the Mayor's advisory board considerations, which he had just distributed. ADJOURNMENT The meeting was adjourned at 11 :46 p.m. APPROVED: CITY OF OCOEE G S. Scott Vandergrift, Mayor 16