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HomeMy WebLinkAbout01-19-99 MINUTES OF THE OCOEE REGULAR CITY COMMISSION MEETING HELD JANUARY 19, 1999 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7: 18 p.m. in the Commission Chambers. Pastor Ron Cargil, Harvest International Ministry of Orlando, led in the prayer and Mrs. Frances Watts led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass (arrived at 7:22 p.m.), Howell and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, City EngineerlUtilities Director Shira, Planning Director Wagner, Director of Community Relations/Projects Shira, Public Works Director Smith, Finance Director Horton, Assistant City Engineer Wheeler, Finance Supervisor Carter, Acting City Clerk Green, Buyer Meridith and Technical Support/Trainer Vogt. ABSENT: None. PRESENT A TIONS AND PROCLAMATIONS PRESENTATIONS STATE OF THE CITY ADDRESS - MA YOR VANDERGRIFT Mayor Vandergrift read the State of the City Address, which is attached to these minutes as Exhibit A and gave a PowerPoint presentation in conjunction with his speech. CONSENT AGENDA The consent agenda consisted of Items A, B, C, D, E, F, G, H and 1. Mayor Vandergrift, seconded by Commissioner Glass. moved to approve Items A, B, Co D, Eo F, G, H and I of the Consent Agenda as presented. Motion carried 5-0. A. Approval and Acceptance of the Minutes of City Commission Ree:ular Meeting of Januarv 5.1999. B. Approval and Authorization for the Mayor and City Clerk to execute the Florida Power Distribution Easement across Forest Lake Golf Course. . Easement is required to provide power to golf course irrigation pumps. C. Approval and Authorization for the Mayor and City Clerk to execute Maguire Road: Purchase Agreement with Ferdinand. . This Agreement is for the land for the traffic signal at Maguire/Moore Road intersection. D. Approval and Authorization for the Mayor and City Clerk to execute Services Authorization No. 99-001 with Glace & Radcliffe. Inc. in the not-to-exceed amount of $39.012.00 for Lift Station No. 22 - Relocation and Upgrade. · This project includes (1) Site Location and Planning Study, (2) Detailed Design of the new Lift Station No. 22, (3) Assist the City in the Construction Phase Engineering Services. Staff recommends awarding to low bidder Glace & Radcliffe, Inc. at $39,012.00. Ocoee City Commission Regular Meeting January 19, 1999 E. Approval and Authorization for the Mayor and City Clerk to execute Services Authorization No. 99-002 with Glace & Radcliffe. Inc. in the not-to-exceed amount of $34.560.00 for Vehicle and Material Storae:e Building. . This project includes (1) Detailed design of the Building and Site Improvements and, (2) Assist the City in the Construction Phase Engineering Services. Staff recommends awarding to low bidder Glace & Radcliffe, Inc. at $34,560.00. .E. Approval and Authorization for the Mayor and City Clerk to execute Interlocal Agreement with Orlando-Orange County Expressway Authority relating to Western Beltway/State Road 429 Construction and Water Service in the Amount of $199.897.62. . This Agreement provides for the construction of the water system improvements included under the 1997 Bond issue program from the end of the City's system on Franklin Street west to East Crown Point Road, north to Palm Drive, and east to connect to the water main near Pioneer Key No.2. G. Approval and Authorization for the Mayor and City Clerk to execute Transfer of Contractual Services - Phillips & Jordan. Inc. dba Linco. Inc. . Linco, Inc. was one of the five construction companies which was selected to assist the City in performing construction of various pipeline improvements in the City. Linco has been sold to Phillips & Jordan, Inc., which sale includes the current projects under construction. City Attorney has recommended executing a new contract with Phillips & Jordan, Inc. dba Linco, Inc. H. Approval and Authorization for Additional Funds for Volunteer Appreciation Dinner. . These additional funds are requested due to the increase in size to some boards and the addition of several boards since last year. 1 Approval and Authorization for the Mayor and City Clerk to execute Joint Participation Agreement with The State of Florida Department of Transportation. . FDOT has proposed funding assistance to the City in the amount of $100,000 to aide in the construction of two scheduled intersection improvements projects: Bluford/Orlando and Taylor/Franklin. COMMENTS FROM CITIZENS/PUBLIC Mr. Smitty Branch, 428 N. Lakeshore Drive, appealed to the Commission for additional street lighting in his neighborhood, East Lakeshore Drive/Orlando Avenue (Sleepy Harbour). He said this issue was discussed at the Sleepy Harbour HOA meeting and this was the consensus of the members. They would also prefer underground wiring for the lights since the neighborhood has underground wiring. Mr. Branch said they would appreciate improvements to their sidewalks in the area. City Manager Shapiro said he would have Public Works take a look at the lighting around the City but cautioned the Commission that setting up a lighting plan for the City could get very expensive. Commissioner Glass asked that they also take a look at Prima Vista and commented about optional pole heights. Mayor Vandergrift requested three months for the study to be finished. Mr. Shapiro responded that Florida Power would be involved so he could not be certain on a time frame. 2 Ocoee City Commission Regular Meeting January 19, 1999 COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker: None. Commissioner Glass: 1) Announced a Public Hearing Notice received from Orange County regarding the widening of Old Winter Garden Road from SR 50 to Apopka Vine land Road on February 9, 1999, at 4:30 p.m. in the County Commission Chambers, 201 South Rosalind Avenue, Orlando. City Manager Shapiro said the County had not decided what costs the City would share in this proiect but had sent a letter suggesting the City participate in the Clarcona Ocoee Road proiect. 2) Thanked the Orlando Sentinel and Craig Quintana for the article in the paper. He also thanked Mrs. Martha Lopez-Anderson and others for their kind comments and added that the co-workers and staff he had to work with made serving a pleasure. 3) Received a call from Chairman Martinez regarding the cell tower issue and thanked him and the Board of Commissioners for supporting the City of Ocoee's position concerning the cell tower. Commissioner Anderson: None. Commissioner Howell: None. Mayor Vandergrift: 1) Announced the RSVP line 656-2218 for any Citizens' concerns or questions and said Staff would respond quickly. PUBLIC HEARINGS RESOLUTION No. 99-04 - AUTHORIZING THE ISSUANCE OF CAPITAL IMPROVEMENT REFUNDING REVENUE BONDS, SERIES, 1999. City Attorney Rosenthal read the ordinance by title only. Finance Director Horton gave a Staff report and asked Mr. Mark Galvin, of First Union Capital Markets, to continue with a report on the trip to New York. Mr. Galvin explained the rating system and said the City of Ocoee received a solid "A" rating. He said this also gave the City some financial advantages. Mayor Vandergrift left the table. Commissioner Anderson had questions concerning the rating to which Mr. Galvin responded. He also asked if it was possible for the Commission to change any of the projects identified in the staff report. City Manager Shapiro said it stated "other public projects" and referred the question to Ms. Grace Dunlap, of Bryant, Miller and Olive, the Bond Counsel for the City of Ocoee. Ms. Dunlap said the changes to the list would come back to the City. The public hearing was opened and, since no one wished to speak, was closed. 3 Ocoee City Commission Regular Meeting January 19, 1999 Mayor Vandergrift returned to the table. Commissioner Howell, seconded by Commissioner Parker, moved to adopt Resolution No. 99-04 authorizing the issuance of Capital Improvements Refunding Revenue Bonds, Series 1999 as presented by Staff. Motion carried 5-0. City Manager Shapiro thanked the professional staff who worked with the City on this and said he appreciated the support of the Commission. Finance Director Horton asked if they needed to authorize the underwriters to market the Bonds. Ms. Dunlap stated that it was included in the Resolution. City Attorney Rosenthal suggested a motion for the record which included the balance of the Staff recommendation regarding Resolution No. 99-04. Commissioner Glass, seconded by Commissioner Parker, moved to authorize the underwriters (SunTrust Equitable Securities and William R. Hough & Co.) to market the bonds and present a purchase contract to the City Commission at the special meeting to be held on January 28, 1999. Motion carried 5-0. FIRST READING OF ORDINANCES ORDINANCE No. 99-08, REGULA nON OF BORROW PITS, LAND DEVELOPMENT CODE AMENDMENT. City Attorney Rosenthal read the ordinance by title only. Planning Director Wagner presented the staff report explaining the need for the ordinance and asked that the ordinance be adopted permitting Borrow Pits only within the Ocoee 1-2, General Industrial District as a Special Exception as recommended by Staff. The public hearing was opened. Ms. Rosemarie Morganto, 11012 Groveshire Ct., opposed having borrow pits anywhere in the City. City Attorney Rosenthal explained that staff felt the City would be in a stronger position to limit borrow pits in 1-2 as a Special Exception, rather than as a general prohibition, and they would still require a public hearing. Mr. R. P. Mohnacky, 1820 Prairie Lake Blvd., had comments concerning someone buying agricultural property and getting it zoned for 1-2 zoning. He also said he would have other comments when this comes for the second public hearing. Mayor Vandergrift closed the public hearing and announced the second public hearing for Ordinance No. 99-08, on February 2,1999, at 7:15 p.m. ORDINANCE No. 99-09, INCREASE THE MEMBERSHIP OF THE PLANNING AND ZONING COMMISSION FROM 7 TO 9 MEMBERS, LAND DEVELOPMENT CODE AMENDMENT. City Attorney Rosenthal read the ordinance by title only. Mr. Wagner briefly presented the staff report and gave the recommendation of the Planning and Zoning Board to request expansion to nine members with no alternates. 4 Ocoee City Commission Regular Meeting January 19, 1999 The public hearing was opened. Commissioner Glass commented that because the ordinance had been drafted to continue the alternate positions, the Commission needed to give direction to the City Attorney regarding what they would like to see come back for the second reading. He added he is in agreement with the Planning and Zoning Board on the nine permanent members. It was the consensus of the Commission to so instruct the City Attorney. DEVON COVE - MAp AMENDMENT TO JOINT PLANNING AREA (JPA) AGREEMENT, CASE No. JPA- 98-002. Planning Director Wagner gave a staff report and for the petition to change the boundaries and text of the JP A to add a 4.5 acre parcel located approximately 150 feet southwest of the intersection of Prairie Lake Boulevard and Log Run Court. He explained the changes and said the Orange County Board of Commissioners, the DRC, the Planning and Zoning Commission and Staff all recommend the Commission approve this amendment to the JP A and further authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. Commissioner Parker said she would prefer that density remain two units per acre. Mayor Vandergrift asked if approval of this amendment to the JP A would affect the zoning. Mr. Wagner said this had no affect on land use as to units per acre. Mr. Wagner explained further with a map on the overhead projector and pointed out the access issues as mentioned by City Attorney Rosenthal. Mr. Shapiro said annexation of this parcel was at the discretion of the Commission and raised questions concerning water services if it were not annexed into the City. Mr. Wagner stated they would have septic tanks, as no sewer services would be available, and in the Forest Oaks subdivision with septic tanks they have 2.5 units per acre gross. Mayor Vandergrift, seconded by Commissioner Glass, moved to extend the JP A without implication of density, and to approve the Second Amendment to the Joint Planning Area as presented, and further authorize the Mayor and City Clerk to execute the Agreement on behalf of the City per Staff recommendation. Commissioner Howell asked for a further clarification to which City Attorney Rosenthal responded in detail. Mr. Rosenthal added that if the Commission chose to annex, the zoning question would come before the Commission, but he cautioned that the developer would be in a position to request a zoning consistent with the surrounding properties. Mr. Wagner gave the history ofthis property. The vote on the Map Amendment to the JP A Agreement, Case No. JP A-98-002 was taken later. Commissioner Glass stated that he would like staff to look into finding appropriate sites for larger lots, because there is a market for those in the City. The public hearing was opened. 5 Ocoee City Commission Regular Meeting January 19, 1999 Mr. R. P. Mohnacky said he thought that the lots in Forest Oaks were 1/4 acre lots. He stated that he would not like the lots to be any smaller than those in Forest Oaks. The public hearing was closed. Mayor Vandergrift mentioned a drainage problem in the subject area and asked if they could charge sewer impact fees now for use in the future. Mr. Shapiro explained that the City could not charge an impact fee for a service that is not being provided. Discussion about future sewer plans for the City continued. The vote on the motion made by Mayor Vandergrift was taken at this time. Motion carried 4-1. Commissioner Parker voted no. OTHER BUSINESS EMPLOYEE SURVEY PRESENT A nONS Buyer Meridith presented Cody & Associates, Inc. and Office of Corporate Services for Valencia Community College, the two firms which were selected by the Commission to give a short presentation. She said Staff recommended (1) selecting one firm to administer the employee survey, collect and analyze the data resulting from the survey, provide management comments, and (2) authorizing the Mayor and City Clerk to execute all documents necessary to consummate an agreement between the City and the selected firm. Recess 8:55 - 9:10 p.m. Buyer Meridith introduced Mr. Nick Pelligrino, Senior Partner with Cody & Associates, Inc., who gave background about the firm and presented their proposals. He said the firm would meet with the Commission or Staff in order to customize the survey to meet the City's needs and would do their best to insure complete confidentiality. Commissioner Howell asked if there was some way for the questionnaires to go directly to them without going through the City's offices and said that he thought some of the statistics requested would keep the employees from filling out the questionnaires. Mr. Pelligrino responded to these concerns. Buyer Meridith introduced Mr. Kevin Faubel, Manager, Government Accounts, Office of Corporate Services for Valencia Community College, who gave background of their services and surveys to public organizations and private clients. He said they use facilitators with business expertise, have flexibility to modify their service to meet the needs of the clients and are a cost and time effective solution for their clients. Mr. Faubel introduced Mr. Tim Nevell of TNB Consulting Group, who would be working with Valencia Community College to obtain the information necessary to create a beneficial employee survey. Mr. NeveU presented his firm's approach and methodology and explained how the survey would be administered. He then described the report analyzing the results. 6 Ocoee City Commission Regular Meeting January 19, 1999 Commissioner Howell asked what happens to the originals after the survey is completed. Mr. NeveU replied that the originals were compiled by Wonderlik Testing, Inc., and would become their property. Commissioner Parker had questions concerning the flexibility of the questions on the survey and the demographics. Mr. Nevell and Mr. Pelligrino responded to these questions. Commissioner Glass questioned Mr. Nevell's response that the individual original surveys would not be subject to Florida Public Records Act. Mr. Nevell said his information came from the testing agency, but that is not a formal legal opinion. Mr. Pelligrino said from his experience, the survey would be under the Public Records Act, and it would need to be constructed with that in mind. Commissioner Anderson asked if unanswered questions would skew the results. Both replied that they would not. Commissioner Anderson commented on Valencia's subcontracting the survey to another company. Mayor Vandergrift asked how often they recommend an employee survey be done. Mr. Pelligrino suggested every 4-5 years or as warranted by conditions. Mr. Nevell said they would recommend doing a survey every 2-3 years. Mayor Vandergrift also had questions about using the old survey as a benchmark. Mayor Vandergrift thanked both men for their presentations. Commissioner HowelL seconded by Commissioner Anderson, moved to select Cody & Associates, Inc. Management Consultants to administer the employee survey, and to collect and analyze the data resulting from the survey and provide management comments, and authorize the Mayor and City Clerk to execute all documents necessary to consummate an agreement between the City and the selected firm as recommended by Staff. Motion carried 5-0. CENTRAL FLORIDA INVESTMENTS - REQUEST TO WAIVE CROSS ACCESS REQUIREMENT PROJECT No. SS-98-016. This item was continued to the February 16, 1999, meeting. CITY OF OCOEE REGULATORY AUTHORITY REGARDING THE SITING AND CONSTRUCTION OF PUBLIC SCHOOLS. Mayor Vandergrift made a short statement concerning City Attorney Rosenthal's report saying this would be a cooperative effort between the City of Ocoee and Orange County Public Schools. There was no discussion. ApPOINTMENTS TO BOARDS ApPOINTMENT TO CODE ENFORCEMENT BOARD - Robert Godek and Bruce E. Holmes 3 year terms expire January 1999. Mr. Godek did not wish to be reappointed. Commissioner Glass, seconded by Commissioner Parker, moved to reappoint Member Holmes to a 3 year term expiring January 2002, move Alternate Member Konicek to full member 7 Ocoee City Commission Regular Meeting January 19, 1999 for a 3 year term expiring January 2002, and appoint Patricia Tice as an alternate to fill Member Konicek's remaining term to September 2001. Motion carried 5-0. ApPOINTMENT TO EDUCATION COMMISSION - Nancy Reilly resigned - two year term expires August 2000. Commissioner Glass moved to move Lavon Williams to permanent member for term to expire August 2000, and appoint Kristi Failla as an alternate with term to expire August 2000. Commissioner Howell pointed out that Kristi Failla preferred to serve on the Parks and Recreation Board. Commissioner Glass, seconded by Commissioner Anderson, amended his motion, and moved to move Lavon Williams to permanent member with term to expire August 2000. Motion carried as amended 5-0. PARKS AND RECREATION ADVISORY BOARD - Nancy Reilly resigned - two year term expires October 1, 2000. Commissioner Howell, seconded by Commissioner Anderson, moved to appoint Kristi Failla permanent member with term to expire October 1, 2000. Motion carried 5-0. Item VII D was considered at this time. ENGINEERING DESIGN SERVICES City Engineer/Utilities Director Shira was present to answer questions and said this would be a process of dividing up the projects in order to proceed with these projects in a timely manner. Commissioner Anderson had questions to which Mr. Shira responded in detail. Commissioner Anderson said he was concerned about who would be watching the dollars. City Manager Shapiro said that there were several people at City Hall who would be watching the dollars. Commissioner Anderson asked that the competitors prices be checked occasionally. Mr. Shira said that they could do peer reviews. Mayor Vandergrift asked if the Commission needed to write a policy on this. Mr. Shira suggested trying this process for the first two groupings, coming back to the Commission with his estimate and the engineers proposed cost and comparing them. He said if they meet with Commission approval then they can proceed with the process. Mr. Shira said each project will be brought before the Commission before it is awarded. Mavor Vandergrift seconded by Commissioner Parker, moved to endorse the method of assigning tasks to the four engineering firms, Professional Engineering Consultants, Inc., Hartman & Associates, Inc., Glace & Radcliffe, Inc., and Ivey, Harris & Walls, Inc., and authorize staff to begin immediately developing task groupings and issuing assignments as recommended by Staff. Motion carried 5-0. AUTHORIZA TlON TO AWARD EMERGENCY PURCHASE ORDER AND CHANGE ORDER TO EMERGENCY PURCHASE ORDER (Cleanup of Emergency Repair of Lift Station No.1) Assistant City Engineer Wheeler explained this project and said it had already been completed but had not been brought before the Commission due to an oversight. 8 Ocoee City Commission Regular Meeting January 19, 1999 Commissioner Howell asked why there was such a large difference in the bids. Mr. Wheeler said one of the contractors wanted to keep his name on the list but did not want to do this particular project. Commissioner Anderson, seconded by Commissioner Parker, moved to approve the action of the City Manager in awarding the Emergency Purchase Order #1004398 to Preferred Mechanical. Inc. in the amount of $11.430.00 and Purchase Order #10044449 to Preferred Mechanical. Inc. in the amount of $5.100.00. In addition, moved that the City Commission approve the increase of $1.904.00 to this Emergency Purchase Order for the increase in cost associated with the use of epoxy coating on the replacement piping as recommended by Staff. Motion carried 5-0. STAFF REPORT - None COMMENTS FROM COMMISSIONERS Commissioner Howell: 1) Asked about the water lines being placed on Flewelling A venue. Assistant City Engineer Wheeler explained that the work being done was part of the stormwater improvements and the water line had to be moved to the other side of the road. Mr. Wheeler added that the work on the water lines on Wurst Road would start within the next month. Commissioner Howell inquired if the new water lines would yield a higher pressure. There was a lengthy response. 2) Asked if a meeting had been set up with the Wurst Road residents concerning the road improvements. Mr. Shapiro said meetings with Staff and the Postmaster would be needed before a neighborhood meeting could be set up. Commissioner Anderson: 1) Said the Ambassadors did an excellent job of helping with the UCF presentation and thanked them. 2) Asked how the Police Department checked commercial vehicles such as dump trucks. Mr. Shapiro explained that the City contacts the State Commercial Vehicle Bureau to spot check for overweight vehicles. 3) Said the Christmas lights were taken down at 2:00 a.m. Mr. Shapiro said he would send a letter suggesting, for safety reasons, they remove the decorations during the day. 4) Commended the Mayor on the UCF presentation. Commissioner Parker: 1) Commended the Mayor on the UCF presentation. 2) Said the Leadership West Orange application deadline was Friday, February 5, 1999, and asked if the City would be sending anyone. Mr. Shapiro said he would have 2 persons from Staff and would ask the Commission to possibly consider, in the future, sending the Board Chairmen from the City's Advisory Boards. 3) Asked if it would be possible to place a directional sign on SR 50 for the Withers Maguire House. Mr. Shapiro said he would check into it. 9 Ocoee City Commission Regular Meeting January 19, 1999 4) Apologized to Mayor Vandergrift for "sniping" at him earlier in the meeting. Commissioner Glass: 1) Asked that a sign be placed to direct customers to the Drop Box for utility payments. Mayor Vanden!:rift: 1) Asked what was being built on the north corner of Good Homes Road and SR 50. Mr. Shapiro replied a Circuit City, and said the developers were playing the City against the County and the County was tired of this game also. Mayor Vandergrift suggested the City and County learn to cooperate with each other knowing that the developers are doing this to both sides. 2) Announced that he was under budget, about $3,500, on the UCF presentation and was considering having promotional tapes made with that money. 3) Said he attended a meeting with a council of Mayors, formed under County Chairman Martinez's guidance, concerning education and was proud that Ocoee was used as an example for their planning. ADJOURNMENT The meeting was adjourned at 10:42 p.m. Attest: :5~~~- S. Scott Vandergrift, Mayor ~A.l'~ J/LtU ) Marian Green, Deputy City Clerk 10