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HomeMy WebLinkAbout09-21-99 MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD SEPTEMBER 21, 1999 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission Chambers. Ron Cox, former director of the City's television broadcast, and the family of Ed White, former dispatcher in the police department, who had passed away, were remembered in a moment of silent prayer. Frances Watts led in the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Public Works Director Smith, Community Relations/Projects Director Shira, Human Resources Director Psaledakis, Fire Chief Strosnider, Police Chief Mark, Acting Planning Director Lewis, Recreation Director Nordquist, and Acting City Clerk Green. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS CITIZEN AWARDS Mr. Justin Buckew, of Orlando, and Mr. James Darden, of Ocoee, were honored with Citizen A wards for their heroic efforts on July 20, 1999 in rescuing a woman trapped in a burning car at the intersection of Clarke and White Roads. Chief Mark and Chief Strosnider presented a plaque to Mr. Buckew. Mayor Vandergrift said he hoped Mr. Darden could attend a future meeting to be publicly recognized for his deed. PROCLAMATIONS Mayor Vandergrift proclaimed the following: Constitution Week - September 17 thru 23,1999 International Day of Peace - September 21, 1999 National Techies Day - October 5,1999 PRESENTATION RE: HURRICANE FLOYD In a power point presentation, Mayor Vandergrift showed pictures depicting preparations for the storm in and around Ocoee and tree limbs and debris around the City after the storm had passed. He pointed out a tree down on Lakeshore Drive at McKey and asked that it be removed or propped up and trimmed. CONSENT AGENDA The consent agenda consisted of: Approval and Acceptance of Minutes of City Commission Re2ular Meetin2 of September 7. 1999. and Minutes of City Commission BiId2et Workshop of August 11. 1999. Ocoee City Commission Regular Meeting September 21,1999 Commissioner Anderson, seconded by Commissioner Parker, moved to approve the Consent Agenda as presented. Motion carried 4-0. (Commissioner Howell was away from the dais.) COMMENTS FROM CITIZENS/PUBLIC Frances Watts, 43 Shell Key Court, asked if it would be possible to pay the school crossing guards for work days missed due to the storms Floyd and Harvey. City Manager Shapiro explained the far-reaching consequences of setting a precedent of paying part-time workers for missed work days. Mayor Vandergrift requested information about the cost if those who would have worked were paid for the two storm days. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked about replacement of the fire station. Mr. Shapiro explained the reasons the new station was needed, especially noting the danger of the current station's exit/entrance on Bluford. Mark Fredericksen (call-in) 623 Safe Harbor Drive, president of Highlands of Ocoee HOA, thanked the City and Commissioners for allowing their HOA to make their presentation regarding the proposed fire station at the last Commission meeting. He asked what permits and permission would be needed for the HOA to hold a picnic as an appreciation event for all the surrounding neighborhoods on the vacant land. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker announced The McKesson General Medical Golf Tournament sponsored by Health Central Foundation to benefit the School Nurse Program. It will be held Monday, October 4, 1999 at 12:00 p.m. at Keene's Point Golf Course in Windermere. Commissioner Parker, seconded by Commissioner Howell, moved to sponsor a hole at $650.00 and that the funds should be taken from contingency. Motion carried 5-0. Mayor Vandergrift: 1. Announced the RSVP line is 656-2218. 2. Announced the video of the Big League Team vs Hawaii game played in Tucson would be run at the end of the meeting. 3. Announced Founders' Day to be held on October 16th and named the various events that are planned. PUBLIC HEARINGS ORDINANCE No. 99-26 - CABLE TELEVISION FRANCHISE. (Second Reading continued from August 17, 1999) City Attorney Rosenthal read proposed Ordinance No. 99-26 by title only, and Mayor Vandergrift announced that it was the recommendation of staff to continue the public hearing to November 2,1999. 2 Ocoee City Commission Regular Meeting September 21, 1999 Community Relations/Projects Director Shira directed attention to a letter received from Time Warner outlining some of the major items on which staff and Time Warner have agreed. She said much of the language needs to be amended based on continuing discussions between staff and Time Warner. She said she thought the final draft will be ready for November 2. Ms. Shira said Braulio Baez, of Leibowitz & Associates, the City's telecommunications counsel, and representatives from Time Warner were present to answer questions. Mayor Vandergrift reopened the public hearing. Discussion ensued about making available the City of Ocoee government channel in other communities in west Orange County where it was previously available. Ms. Shira said Time Warner has agreed to work with the individual municipalities to reinstate the Ocoee broadcasts if they want it. Commissioners suggested that the other cities should have been asked before the Ocoee broadcasts were removed. Mayor Vandergrift said he hoped other cities could be involved in future broadcasts on the Ocoee channel. City Manager Shapiro said staff will send letters to the other cities and the County to determine if they want to receive it. Commissione.r Johnson reported complaints about Time Warner customer service, especially problems with the new "smart boxes" not working. Frank Kruppenbacher, general counsel for Time Warner, asked that specific addresses of those who are having problems would be given to him so he can look into the problems. He thanked the Commission and staff for their input. Mayor Vandergrift said he had observed a proliferation of antennas around the City and urged Time Warner to take care of the customer problems and return government channel service to all of West Orange County to help stem their expansion. R. P. Mohnacky, 1820 Prairie Lake Boulevard, said he had a satellite, but suggested that cable customers should be able to select and pay for only those channels they wished to receive. In response to a question by Commissioner Anderson, Mr. Kruppenbacher said requests for "Road Runner" had exceeded their ability to respond and he will let Ms. Shira know this week when it will be available in Ocoee. Commissioner Anderson asked if the complaint log would be included in the ordinance and if an on-going complaint log with some "teeth" . Ms. Shira explained that staff now maintains a complaint log and the complaints are regularly e-mailed to David Spencer, manager of operations for Time Warner. She said he responds and staff follows up with the citizen to make sure that person is satisfied. Ms. Shira explained that under the FCC the City can enforce certain customer service standards and penalties if those standards are not met, but has no control over costs. Mr. Shapiro explained that service and reliability issue will be included in the ordinance but it is not necessary to include the log in the ordinance. 3 Ocoee City Commission Regular Meeting September 21,1999 Commissioner Anderson said he thinks that in the next ten years Time Warner will no longer charge for cable television and felt the City needed to have an alternative means of collecting money from the cable company if in the future there should be no gross revenues. Braulio Baez said the proposed ordinance provides for revenues from subscriber fees and from advertising, etc. He said they had done their best to recognize every possible source of revenue that comes from cable service. In response to a question by Commissioner Anderson, Mr. Baez said there have been no legal ramifications for other clients who had implemented ordinances similar to the one proposed for Ocoee. Commissioner Anderson, seconded by Mayor Vandergrift, moved to continue the public hearing for Ordinance No. 99-26 to the City Commission meeting to be held on November 2, 1999 at 7:30 p.m. or as soon thereafter as practical. Motion carried 5-0. RESOLUTION No. 99-14 - EXTENSION OF THE CABLE FRANCHISE WITH TIME WARNER UNTIL NOVEMBER 2, 1999. (This item is not a Public Hearing but was considered at this time.) City Attorney Rosenthal read Resolution No. 99 - 14 by title only. Mayor Vandergrift, seconded bv Commissioner Parker, moved to adopt Resolution No. 99-14 extending the existing franchise agreement with Cablevision Industries of Florida, Inc., D/B/A Time Warner Communications, to November 2, 1999. Motion carried 5-0. ORDINANCE No. 99-28-AMEND LAND DEVELOPMENT CODE RE: TEMPORARY BALLFIELDS AND PLA YFIELDS. (Second Reading) City Attorney Rosenthal read the proposed ordinance by title only. The public hearing was opened. Rusty Burrell, 267 Robinson Road, (Whitehill Subdivision) shared problems he is having with the ballfield near his back yard and asked that language would be changed in the proposed ordinance to limit fields in back yards of residential areas. He suggested that other lots should be found. In lengthy discussion, City Manager Shapiro explained that the purpose of the ordinance was to remove the City from dealings between the Little League and the private landowners and to allow temporary fields that can be used with the necessity of enforcing the codes which would be required for permanent structures. City Manager Shapiro and City Attorney Rosenthal explained that the proposed ordinance had been written to reflect what they understood to be the wishes of the City Commission, and it could be rewritten if Commission so directed. Mr. Rosenthal said if Commission adopts this 4 Ocoee City Commission Regular Meeting September 21,1999 ordinance, it is his opinion that the City would not be able to use its nuisance ordinance to address complaints about the ballfields, and that if that was Commission's intent, they should not adopt this ordinance, but should tell staff to enforce the zoning codes on these properties.. Mayor Vandergrift said he disagreed with Mr. Rosenthal's opinion about use of the nuisance ordinance. Commissioner Parker said the ordinance needed to provide that a nuisance that disrupts a neighborhood would not be permitted. City Manager Shapiro explained the difficulties which would be encountered in enforcing such an ordinance. There were seven call-ins and e-mails in support of using the City property on Montgomery for ballfields. The public hearing was closed. Commissioner Johnson pointed out that the real problem was a lack of city-owned ballfields, which was a chronic Ocoee problem. He suggested that the City needed to raise money and buy some new land. After further discussion, Commissioner Anderson, second by Commissioner HoweIL moved to approve Ordinance No. 99-28. Motion carried 3-2, with Commissioner Johnson and Commissioner Parker voting no. RECESS 9:15 p.m. - 9:27 p.m. ORDINANCE No. 99-29 - AMEND LAND DEVELOPMENT CODE RE: OPEN REAR YARD PORCHEs.(Second reading) City Attorney Rosenthal read Ordinance No. 99-29 by title only. The public hearing was opened Rosemary Morganto, 11012 Groveshire Court., asked the reason for the ordinance. Commissioner Parker responded that the ordinance would permit residents with small sized rear yards to be able to have a roofed over screened enclosure as long as they do not come within 7 12 feet of the property line. The public hearing was closed. Commissioner HoweIL seconded by Commissioner Parker. moved to approve Ordinance No. 99-29. Motion carried 5-0. 5 Ocoee City Commission Regular Meeting September 21,1999 VILLAGES OF WEST OAK-PRELlMINARy!FINAL SUBDIVISION PLAN, PROJECT LS-99-005 Due to the hurricane alert on September 14, 1999, the Planning and Zoning Commission meeting was continued until September 29, 1999. Accordingly, it will be necessary for City Commission to continue the public hearing for this matter to the October 5, 1999 meeting. The public hearing was opened, and as had been recommended, Mayor Vandergrift, seconded by Commissioner HowelL moved to continue the public hearing to October 5, 1999 at 7: 15 p.m. or as soon thereafter as practical. Motion carried 5-0. OTHER BUSINESS AWARD RFQ #9902 TO ARCHITECTS DESIGN (ADG) TO DESIGN PLANS FOR MAIN FIRE AND ADMINISTRATION STATION. Commissioner Johnson, who had served on the selection committee, said it was the consensus of the committee to recommend Architects Design Group, Inc. to design plans for the City's Main Fire and Administration Station. Commissioner Johnson, seconded by Commissioner Parker, moved to award RFO #9902 to Architects Design Group, Inc., and to authorize contract negotiations to begin with the Citv and Architects Design Group, Inc. and further authorize the Mayor and City Clerk to execute all documents necessarv to consummate the transaction contemplated by the agreement. Motion carried 5-0. TRAFFIC ENFORCEMENT AGREEMENT WITH CROSS CREEK OF OCOEE HOMEOWNERS' ASSOCIATION City Attorney Rosenthal presented the staff report, explaining that the terms of this Agreement are identical to the terms of the Traffic Enforcement Agreement entered into with the Wesmere Subdivision earlier this year with the exception of the amount of the Initial Fee. Cross Creek has agreed to pay an initial fee of $1,328.50 and an annual fee of $750.00, which may be adjusted after the first six months. Commissioner Anderson expressed concern about the road sign meeting D.O.T. requirements, and City Manager Shapiro replied that Cross Creek will be covering the costs of the signs in question. Commissioner HowelL seconded by Commissioner Johnson, moved to approve the Traffic Enforcement Agreement with Cross Creek of Ocoee Homeowners' Association. Motion carried 5-0. RESOLUTION No. 99-15: JOB DESCRIPTIONS City Attorney Rosenthal read Resolution No. 99-15 by title only. 6 Ocoee City Commission Regular Meeting September 21,1999 Human Resources Director Psaledakis explained that the Custodial Worker I and Accountant job descriptions were revised and new job descriptions are set forth for Pool Maintenance Technician-Certified, Athletic Aide and Audio Visual Producer. Ms. Psaledakis responded to several questions from Commissioners, then Commissioner Johnson, seconded by Commissioner Howell. moved to adopt Resolution No. 99-15, Job Descriptions. Motion carried 5-0. NETTING FOR BOB SORENSON FIELD As had been recommended by staff, Commissioner Howell, seconded by Commissioner Johnson. moved to approve the netting proiect for Bob Sorenson Field to be given to Modern Lighting for $5,300.00 with funds to be taken from contingency. Motion carried 5-0. BLEACHERS FOR BEECH RECREATION CENTER Commissioner Anderson asked where the money came from for the bleachers. Commissioner Johnson explained that the funds would come from the Jeld-Wen Foundation Grant ($10,000.00), Ocoee Youth Dance Donation ($20,000.00) and the balance of $2,200.00 from impact fees. As had been recommended by staff, Commissioner Johnson, seconded by Commissioner Parker, moved to approve the purchase of bleachers for Beech Recreation Center. Motion carried 5-0. DISCUSSION/ACTION RE: ApPROVAL OF IAFF CONTRACT. Human Resource Director Psaledakis presented the staff report. City Manager Shapiro commended the firefighters and staff for their efforts in reaching agreement on the contract. Commissioner Anderson, seconded bv Commissioner Johnson, moved to approve the IAFF contract. Motion carried 5-0. FIRST READING: ORDINANCE No. 99-32, AMENDING PERSONNEL RULES AND REGULATIONS. City Attorney Rosenthal read Ordinance No. 99-32, relating to temporary assignment pay, by title only. Mayor Vandergrift announced that the second reading and public hearing will be held on October 5, 1999. ApPOINTMENTSIREAPPOINTMENTS TO BOARDS 7 Ocoee City Commission Regular Meeting September 21,1999 Code Enforcement Board Replacement for Alternate Member Dean Hall whose term expires October, 2001. (Tabled from September 7, 1999) Commissioner Johnson, seconded by Commissioner Howell moved to appoint Spencer Solomon as an alternate member on the Code Enforcement Board to complete a term to expire October, 2001. Motion carried 5-0. Board of Adjustment Commissioner Johnson, seconded by Commissioner Howell moved to appoint Jeffrey Cox as an alternate member on the Board of Adiustment for a term to expire May, 2002. Motion carried 5-0. STAFF REPORTS Without objection, the Public Information Meeting concerning the widening of Maguire Road which had been set for September 13, 1999 was rescheduled to October 11, 1999 at 7:00 p.m. COMMENTS FROM COMMISSIONERS Commissioner Parker: 1. Reported calls from residents in Forest Oaks asking if the area near railroad tracks with drainage problem had been cleaned out. Mayor suggested that each Commissioner consider the top five areas at risk for flooding, and recommended a remedy for the Forest Oaks problem would be to clean out the area, make a retention ditch and sand bag the side of the railroad to form a dam. Mr. Shapiro said the ultimate engineering design would be to install a major pipe down to the lake so there is no headwater build up, but this is the project the City cannot afford. Staff will look into it and report back with (1) whether something has been done, (2) if there should have been something done maybe in protocol in the future we will, and (3) what can we do to make it better for the time being.. 2. Said she received the memo about the teen program but was still confused. She said this was for the middle school, but that a program was needed for the 15 and 16 year olds, as they are the ones who have been approaching Commissioners about helping to organize some activities for themselves as they don't have anything to do. Commissioner Howell agreed that a program was needed for the high school students. Recreation Director Nordquist said there is a teen club through the West Orange High School called Weekenders. Commissioner Parker said she was under the impression that we were looking at that as a model, but felt something was needed here in Ocoee, such as the dances which had been held in the past. She said other cities have teen board advisory councils. Mr. Nordquist said he has hired someone who has experience in teen clubs. Mr. Shapiro asked that Mr. Nordquist meet with him to develop a senior high school program which will be brought back to Commission for their approval. 8 Ocoee City Commission Regular Meeting September 21, 1999 Commissioner Johnson: 1. Inquired about a performance bond for Carlman Booker Reis, the public relations firm for the water conservation program. Mr. Rosenthal said the performance bond is not applicable for professional services. Mr. Johnson asked to see the contract, asked about getting out of the contract, and asked for a report on what the City has spent for what the firm has done. City Mana2er Shapiro said he is awaiting a report from the rate company. 2. Asked about the West Orange Chamber. Mr. Shapiro said in response to Commission request staff has determined that the City has spent about $39,000.00 with the Chamber over three years, but he does not have the yearly figure yet. Mr. Johnson said he would like a report from the Chamber about what they have spent to benefit citizens of Ocoee. Mr. Shapiro said Ocoee has given the most money of any City and he has yet to get a phone call from their new director. Mr. Johnson said he was going to write a letter voicing his opinion, that he thought the Chamber needed to be more responsive to Ocoee and asked that the Mayor pass that message along as the City's representative to the Chamber. 3. Said he realized pick up of tree limbs and debris was running behind. Mr. Shapiro confirmed that Jennings was advised to step up the clean up. 4. Provided pictures and pointed out areas of the City needing maintenance including: (1) the area around the "City of Ocoee Center of Good Living" sign at the entrance to the City, (2) the strip adjacent to the fire hydrant near the Withers Maguire House which needs to be mowed, and (3) an area near Good Homes Plaza. Mr. Shapiro thanked him for the pictures and said he will look into them at the staff meeting on Thursday. 5. Said the surplus auction on Saturday had raised about $20,000.00. 6. Asked Mr. Shapiro to explain for Mrs. Morganto's benefit the situation on Cross Creek. Mr. Shapiro said they have the right to put whatever they want on that bridge. He said the only thing the Commission required was what they put on the outside brick wall area. He said a review of the minutes of all the meetings as well as the plat and had found nothing that had been said about color of the interior or of the bridge area except for the one section of the wall. The City had no legal way of asking them to change it, and they have no intent of changing it. Rosemary Morganto, asked about the red brick wall on Maguire and the additional white area. Mr. Shapiro confirmed that they do not have to have a brick wall there. Mrs. Morganto said when they had had the informational meeting Mr. Dailey had said they would have something consistent with the bridge. She suggested in future there should be an inch by inch commitment to avoid confusion and misunderstanding. After further discussion, Mr. Shapiro said he will provide copies of the minutes and information from the plat on the bridge/brick issue. Commissioner Johnson said he had been told that Ms. Christoefl had tried to call him but he had received no call or message from her, that his phone number is 656-2034 and he has an answering machine. 9 Ocoee City Commission Regular Meeting September 21, 1999 Commissioner Anderson: I. Thanked staff and EOC Committee for preparation for emergencies in last two weeks. He expressed confidence that in an emergency things would be dealt with swiftly and efficiently. Mr. Shapiro pointed out that Chief Strosnider was in charge. 2. Said in a tour with the Mayor before the storms he had seen areas where grates clogged with leaves and trash would have caused flooding if there had been heavy rains. 3. Asked what was happening with "Fish Ocoee." Mr. Shapiro said they now want to build a boardwalk. In response to a question about the status of the restrooms for the lakefront, Mr. Shapiro said the City has applied to the County for $54,000.00 through the boat registration grant to build the restrooms. He apologized for the delay on this project. 4. Asked status on White Road contract. _Mr. Shapiro said the City was withholding pavment and eventually will be discussing the matter with the bonding companv. 5. Reported correspondence from the Highlands, Shoal Creek and Sleepy Harbour subdivisions concerning grass next to the road which appears to be crabgrass or weeds. Mr. Shapiro asked Mr. Anderson to give him the letters and he will pass them on. 6. Said Shoal Creek HOA wants to close Chicago Avenue, and he will provide the details to Mr. Shapiro. 7. Wants to attend an E-Commerce convention to be held in two weeks at Orange County Convention Center. Mr. Shapiro said to see Fran about it and that Mr. Tartar is probably attending. Commissioner Howell: 1. Asked about the Taylor Street sign. Mr. Shapiro said it is on the "To-Do" list, and he will see Acting Director Music about it. 2. Asked about the status of Wurst Road matter. _Mr. Shapiro asked Mr. Howell to meet with him and Public Works Director Smith about it. 3. Said there was a call-in from Lynn McWilliams of Marlene Drive thanking Commission for approving netting at Sorenson and Mr. Nordquist for the work he has done on that project. 4. Said citizens had reported problems getting through on the phones to City Hall today. 5. Thanked those citizens who called in tonight. 6. Announced the RSVP line is 656-2218. Mayor Vandererift: 1. Said the mini park on the trail in Ocoee was not included on the Planning Department Quarterly Report. Mr. Shapiro will check into the reason it was omitted. 2. Said we need to spruce up the park along the lake shore, that a number of trees need to be trimmed. 3. Said the Big League Team game with Hawaii will be shown after the meeting. 4. Said the West Orange Chamber Membership Drive is scheduled for September 22nd at 8:00 a.m. at Health Central. Mr. Shapiro asked Mayor to ask the director to call him. Commissioner Anderson said he was gathering information about the possibility of allowing individuals without cable to watch the Commission meeting on their computers. 10 Ocoee City Commission Regular Meeting September 21,1999 ADJOURNMENT The meeting adjourned at 10:50 p.m. Attest: ~.11 ;A II- ) 4A OdL) Manan Green, Acting City Clerk APPROVED City of Ocoee ~:) , ~--<.7 ,I ,.-....~ j \"., "'~. r' .. VI'; S. Scott Vandergrift, Mayor 11