Loading...
HomeMy WebLinkAbout02-16-93 MINUTES OF THE CITY OF OCOEE BOARD OF COMMISSIONERS REGULAR \.r MEETING HELD February 16, 1993 The regular meeting of the Ocoee Board of City Commissioners was called to order at 7: 30 p.m. by Mayor Vandergrift in the commission chambers. Commissioner Woodson led in the prayer and Commissioner Combs led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Planning Director Behrens, Planner Resnik, Building Official Flippen, and City Clerk Grafton. ABSENT: None PRESENT A TIONS AND PROCLAMATIONS POLICE DEPARTMENT AWARD TO OFFICER WILLIAM SIMON. Sgt. Walker presented a commendation to Officer William Simon for his quick action and bravery in stopping a car which was rolling away from Cumberland Farms store and, in so doing, possibly saving the lives of the two children in the car. PROCLAMATION - ARTS IN APRIL. Mayor Vandergrift read a proclamation proclaiming that ARTS IN APRIL will be observed in ~ Ocoee this year. PRESENTATION FROM FLORIDA POWER TO CITY OF OCOEE FOR HIGH EFFICIENCY AT SOUTH FOREST OAKS WATER TREATMENT PLANT. City Engineer Shira advised that both the agenda and the staff report indicate that this award is for the South Water Treatment Plant and both should instead indicate that it is for Forest Oaks Treatment Plant. Ms. Caroline Curasi, representing Florida Power Corporation, spoke briefly regarding the savings incurred by using premium efficiency motors and presented a check in the amount of $450.00 for the use of such a motor at the Forest Oaks Water Treatment Plant. ROYCE SCHOBY, OCOEE MIDDLE SCHOOL, REQUESTING SUPPORT TO BE YOUTH SCIENCE AMBASSADOR TO AUSTRALIA. Ms. Michele Gosline, Royce's guidance counselor, explained that Royce is a candidate for the People-to-People Science Ambassador Program and she told of his qualifications for this program, asking for financial assistance or directions toward such assistance for the trip. Royce explained that this three week trip is to Australia for the purpose of studying marine biology and the tuition is $3,990. Royce advised that Pastor Weldon of the Church of God of Prophecy has set up a fund for those who wish to make contributions. Commissioner Woodson suggested that Royce return to the Lion's Club for additional funds. Other suggestions included going to Kiwanis and VFW. Mayor Vandergrift said that he would be glad to give Royce a letter of '--" introduction. Ocoee City Commission Regular Meeting ~ February 16, 1993 UNSCHEDULED ITEMS Commissioner Combs said that he has been tweaking Public Works Director Brenner about the orange trucks and he showed a picture of a New York City sanitation truck in operation on a Saturday. Commissioner Combs said that he wished to correct a serious oversight in the grand opening of Clarke Road earlier in the day, as City Manager Shapiro's name had been omitted from the list of those who had been mentioned as being instrumental in the completion of the road, and he had been a guiding force. PUBLIC WORKS DIRECTOR BRENNER PRESENTS PICTURES OF ORANGE TRUCKS In an effort to lay the issue of the whereabouts (or existence) of the orange trucks to rest, Public Works Director Brenner presented each member of the Commission with a framed picture of himself with the entire sanitation crew standing in front of the orange trucks. Commissioner Foster gave a brief acceptance speech. ~ CONSENT AGENDA The consent agenda consisted of items A and B. Mayor Vandergrift pulled item B for clarification regarding City Manager Shapiro's remark on the letter from FDOT to Shapiro about the sufficiency of the payment. City Manager Shapiro advised that he had received a response from Public Works Director Brenner and was satisfied with the response but had neglected to write a memorandum to that effect. Mayor Vandergrift said that he wanted to be sure that the lanes that have been added to the roads have been added into the contract. Public Works Director Brenner advised that all of that has been factored into the figures. A. Acceptance and Approval of Minutes of Rea:ular Commission Meetina: of February 2. 1993. B. Approval and Authorization to Execute the First Renewal of Routine Maintenance Memorandum of A&:reement with Florida Department of Transportation. Commissioner Foster. seconded bv Commissioner Johnson. moved to approve and accept the consent agenda as presented. Motion carried with unanimous vote in favor. CHANGE IN AGENDA SCHEDULE - CITIZEN COMMENTS MOVED At this point Mayor Vandergrift asked for comments from the citizens. Mr. R.P.Mohnacky, 1820 Prairie Lake Boulevard, said that the lights are too bright on Clarke Road and that the City could save money on electricity by dimming them. City Manaa:er Shapiro advised that the '-" 2 Ocoee City Commission Regular Meeting ~ February 16, 1993 level of brightness of the lights was a safety factor. that the charge for the electricity is per light per year. and that the level of brightness does not change the charge. PUBLIC HEARINGS SECOND READING OF ORDINANCE NO. 93-01, RELATING TO MINIMUM STANDARDS CODES. This ordinance was presented by title for the second reading and public hearing. City Attorney Rosenthal pointed out a sentence which had been inadvertently omitted from the copy presented in the packet and advised that consideration of this ordinance should include the following sentence in the paragraph regarding skirting: "All skirting shall be installed according to the manufacturer's specifications and or applicable City Codes." The public hearing was opened. Mrs. Frances Watts, 43 Shell Key Court, said that she likes the Minimum Standards Codes, thanked the residents who repaired and painted the entrance, and said she hopes the Code Enforcement Officer will continue to come around and keep them all in line. '-- Mr. Bart Rostiser said that they are working hard and things are looking good. He said that they need for Commission to continue to stand behind them in their efforts. Mayor Vandergrift recognized Bill Spear for the work he has done. There was discussion regarding those who work on cars in their driveways and Mayor Vandergrift asked about issuing a permit for car work. City Manager Shapiro advised that would not be possible but that a solution would be to check car tags and cite residents who are working on cars not their own for operating a business. Mr. Shapiro said that there are other areas of concern for which they could be cited, however, care must be taken not to become a police state. Mrs. Tabatha Crows, 7 West Circle Key, said that they have two lots and one parking space and they have been using space at the end of the street to work on her vehicle. Mrs. Crows said she felt they should not be stopped from doing this as they leave the area clean when they are finished. She asked that speed bumps be added in the park. Mayor Vandergrift noted that the street sweepers have been going into the parks but that they cannot sweep under the cars in the cul-de-sacs and that must be done by hand. He asked that the residents take care of this. The public hearing was closed. ~ 3 ~ Ocoee City Commission Regular Meeting February 16, 1993 Commissioner Foster noted that this item was marked V A in the packet and should be IV A. then. Commissioner Foster seconded bv Commissioner Combs. moved to adopt Ordinance No. 93-01 as presented with the addition of the phrase regarding skirting in item number 47 on page 10 as noted bv Citv Attornev Rosenthal earlier. On roll call Commissioner Combs voted "ave. " Commissioner Foster "ave." Commissioner Johnson "ave." Commissioner Woodson "ave." and Mavor Vandergrift "ave." Motion carried with unanimous vote in favor. WEST END PROFESSIONAL PARK: PRELIMINARY SUBDIVISION PLAN Commissioner Foster noted that the item number in the packet was marked VB and should be IV B. City Attorney Rosenthal disclosed for the record that his firm represents Heller Bros. Groves in all matters and the City was represented by Brian Lower,with Baker & Hostetler, in this case. Planning Director Behrens gave the staff report, noting that the plan was reviewed under the old Land Development Code since the application for development review was received prior to July 21, 1992 when the new Land Development Code was adopted. Mr. Behrens advised that staff recommends approval as submitted. ~ Both the developer and engineer were present to respond to questions. Planner Resnik advised that the developer has not applied for a concurrency review and does not need to until submission of final engineering. Mr. Glenn Jackson, vice president of Heller Bros. Packing Company, expressed pride in the City of Ocoee with the Clarke Road opening. Mr. Jackson said that he has been working with staff for eight months on the West End Professional Park project and that the timing is right for this development. Planning Director Behrens pointed out that there have been three waivers requested on this project: 1) Waiver to Ordinance No. 895 to allow Professional Center Boulevard 2,100 ft. cul- de-sac to exceed 800 ft; 2) Waiver to Section 6.2.3 of Subdivision Regulations, to allow lots 1 and 8 through 17 to have access via a non-internal subdivision street; and 3) Waiver to Section 6.3H of the subdivision Regulations to allow no sidewalks on Professional Parkway and Professional Center Boulevard (Planning and Zoning Commission requested that sidewalks be put in when the road is three-Ianed). The public hearing was opened. ~ 4 Ocoee City Commission Regular Meeting '-' February 16, 1993 Mr. R.P. Mohnacky asked if this will come back before Commission before development begins . Yes. The public hearing was closed. Commissioner Woodson. seconded bv Commissioner Combs. moved to accept the preliminary subdivision plan as presented. On roll call Commissioner Combs voted "ave." Commissioner Foster "ave." Commissioner Johnson "ave." Commissioner Woodson "ave." and Mavor Vandergrift "ave." Motion carried with unanimous vote in favor. RECESS 8:40 - 8:47 P.M. BOND ISSUE PRICE & MARKET BONDS AND AWARD RESOLUTION NO. 93-03. It was established that this is agenda item number V A rather than the VI A as marked on the packet item. '-' City Attorney Rosenthal read the title of Resolution No. 93-03 relating to the negotiated sale of $8,550,000 City of Ocoee Water and Sewer System Refunding and Improvement Revenue Bonds, Series 1993. Mr. Rosenthal explained that he had replaced the agenda packet documents with a copy that has the blanks filled in and that Tom Laing was present to explain the changes to the draft of the Purchase Contract. Mr. Rosenthal then gave an overview of the purpose of the Resolution and other documents before Commission. Mr. Craig Hunter, vice president with William R. Hough & Company, Underwriters for this bond issue, advised that the average interest rate for this bond issue will be 5.602 %. Mr. Hunter said that, although Ocoee was relatively unknown, the Moody analyst was very impressed with the presentations made in New York and the progressive action by the City in the last few years. Mr. Rosenthal pointed out that the insurance commitment is not physically attached to the document before Commission, but is in the original to be executed by the Mayor. Mr. Tom Laing, with Honigman, Miller, Schwartz and Cohn, Underwriter's counsel, reviewed the Purchase Contract and its attachments, including Schedule I which shows the Underwriter's Expenses to be $52,955.45. Mayor Vandergrift, noting that the amount of this bond issue is $8,550,000 and the loan that was taken out before was $lO.4M, asked what is happening with the difference. Mr. Laing said that there are certain funds, such as capacity charges, that are being used to payoff the loan. Mr. Shapiro advised that there were funds available in escrow to be used to make up the difference. '-' 5 ~ Ocoee City Commission Regular Meeting February 16, 1993 Mr. Shapiro disclosed that the cost of the closing is 4.4 % and anything less than 5 % IS considered reasonable and prudent. Mr. Hunter stated for the record that the City has a financial advisor who oversees the interest rates proposed when the bonds are marketed as well as the underwriter's discount and Mr. Cohen, with Rachlin and Cohen, was on the telephone with Mr. Shapiro the day the bonds were marketed checking the interest rates and the underwriter's discount making sure they were fair. Mr. Rosenthal asked for a break following the vote on the resolution in order for the documents to be executed. Commissioner Woodson. seconded bv Commissioner Combs. moved to approve Resolution No. 93-03. On roll call Commissioner Combs voted "ave." Commissioner Foster "ave. " Commissioner Johnson "ave." Commissioner Woodson "ave." and Mavor Vandergrift "ave. " Motion carried with unanimous vote in favor. RECESS 9:10 - 9:20 P.M. ~ COMPREHENSIVE ANNUAL FINANCIAL REPORT - McDIRMIT, DAVIS & LAUTERIA It was established that this is agenda item V B rather than VI B. Mr. Eldon McDirmit, with McDirmit, Davis & Lauteria, reviewed the Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 1992 and stated that there are no material areas of non-compliance. Mr. McDirmit noted the management response to their comments indicating corrective action has been taken where needed. City Manager Shapiro commended Mr. McDirmit and his staff for their work. Mr. McDirmit said that the City will receive the Certificate of Achievement again this year. Commissioner Foster. seconded bv Commissioner Johnson. moved to accept the report as presented. Motion carried with unanimous vote in favor. QUARTERLY BUDGET REVIEW, FIRST QUARTER FY 93. Finance Manager Poston reviewed the Quarterly Budget Report for the Fiscal Year 1992-93. The question of continuing the use of the City garage was discussed and it was determined that the six month trial was not yet finished. A question was raised regarding the Windermere Fire Protection amount on page 6 and it was explained that the payments are made in October and March. As the October payment was not evident on the report City Manager Shapiro said that he would have the matter researched and report by memo to the Commission. City Manager Shapiro commended staff for the quality of the excellent report. '-" 6 '-' Ocoee City Commission Regular Meeting February 16, 1993 DISCUSSION RE: IWS PROPOSED RATE INCREASE. Public Works Director Brenner reviewed the staff report and recommended approval of the reasonable rate increase as requested, but recommended tabling any discussion relating to recycling until a written response is received from the Solid Waste Advisory Board. Mr. Charles Wilson, General Manager, IWS, explained the need for a rate increase due to the increase in land fill cost and the Consumer Price Index increase. Mr. Wilson also asked that recycling be made a part of this agreement as his firm is required to reduce the amount of land fill just as the City has been required to do. City Attorney Rosenthal explained that the recycling agreement with Orange County pre-dated the agreement with IWS. Commissioner Foster. seconded bv Commissioner Johnson. moved to approve the rate increase as requested. Motion carried with unanimous vote in favor. Commissioner Woodson advised Mr. Wilson that someone has dumped something very heavy into the Lions Club dumpster and asked that it be taken care of. ~ STAFF REPORTS City Attorney Rosenthal reported on the status of the Orange County suit against the City regarding the annexations/zonings and advised that Mayor Vandergrift has called a Joint Special Session for February 22, 1993 at 5:15 p.m. Mr. Rosenthal said that as yet there has been no response from the County. Chairman Chapin is to contact Mayor Vandergrift before she makes a decision on the need for the meeting. Mr. Rosenthal said that Orange County has sent to DCA for an interpretation on the City's Comprehensive Plan and the provisions of the Future Land Use Element and Future Land Use Map relating to land uses outside the corporate limits of the City at the time of adoption. Commissioner Foster remarked that he would appreciate it if Mayor Vandergrift would confer with this Commission before calling a meeting to be sure that their calendars are clear. City Attorney Rosenthal responded that, due to the pressure of time, and in an effort to satisfy the statutory requirements, the Clerk's calendar had been referred to. The dates that were already committed left little choice for the time of this meeting and he had requested Mayor Vandergrift to come in to sign the letter on Friday afternoon in time to send it by Fax to Chairman Chapin's office to ensure that notice was given in a timely manner. Both Mr. Rosenthal and City Clerk Grafton apologized for the lack of consideration for the Commissioner's personal schedules. COMMENTS FROM COMMISSIONERS Mayor Vandera:rift: ~ 7 \w Ocoee City Commission Regular Meeting February 16, 1993 1) We1comed Commissioner Combs back after his surgery. 2) Said that he would like for a method of recognizing employees be started, i.e., "Employee of the Month." City Manaa:er Shapiro said that he would prefer that such suggestions be brought to him for discussion before public announcements are made. Mayor Vandergrift said that his main thought at this time was that Janet Resnik had done a commendable job on the Clarke Road opening. 3) Called attention to a letter and survey addressed to local business people which he had distributed to the Commissioners and he asked for suggestions/input, as it was his intent to mail them out shortly. Mayor Vandergrift invited Commissioners to attend the meeting referenced in the letter. During Commissioner Woodson's comments City Attorney Rosenthal advised that if more than one member of the Commission attended it would be necessary to call the meeting a workshop. assure that it was properly noticed. and that minutes were taken. 4) Announced his wife's surprise birthday party on February 20 and invited all to attend. '-' Commissioner Combs: 1) Said there are tree limbs still stacked at the comer of 7th Street and Bluford A venue and asked that they be removed. 2) Noted that Paul Rosenthal's reading was slowing down since he got married. 3) Asked when the architects will return. In March. 4) Expressed appreciation for the concern and flowers sent to him while he was recuperating from his recent surgery. Commissioner Woodson: 1) Said that Commissioners should not come to the Mayor's proposed meeting because of the sunshine law. It was at this point that City Attorney Rosenthal made his remarks referenced above. 2) Congratulated all the people who put together the Clark Road opening. 3) Thanked Public Works Director Brenner for putting up the three-way signs that he had requested. 4) Reported the street signs that had been pulled down on Center Street. 5) Said that Commissioner Mable Butler had not heard about the meeting with the City which was reported to be scheduled for February 22. City Attorney Rosenthal advised that the letter to Chairman Chapin had been prepared and the date had been set to accommodate the legal requirements. and the response from her had not yet been finalized. 6) Asked about the maps. They are not back yet. Commissioner Foster: Said that all his items have already been covered. '-' 8 '- Ocoee City Commission Regular Meeting February 16, 1993 Commissioner Johnson: 1) Reported that the street sign at Lee Street/SR437 is down. 2) Commended Staff for good job on Clarke Road opening. 3) Said he had written a letter to Mayor Vandergrift regarding the Mayor's attending Recreation Board meetings, as he has been assigned to represent Commission and he felt it was not appropriate for the Mayor to attend at the same time. Commissioner Johnson moved that an ordinance be written to provide that all appointments be boards be voted on bv the full commission rather than to be made bv the Mavor. Commissioner Combs seconded the motion. Following a long discussion regarding the sunshine law, current practice and previous practice, Mayor Vandergrift asked that City Attorney Rosenthal get an opinion from the Attorney General. Commissioner Woodson moved to table the issue until the opinion is received from the Attorney General. This motion died for lack of a second. Vote on the motion made bv Commissioner Johnson was: Commissioners Combs. Foster and Johnson "ave." and Commissioner Woodson. and Mavor Vandergrift "no." Motion carried with 3-2 vote in favor. Mayor Vandergrift said that he will exercise his right under the existing ordinance and attend the Recreation Board meetings and Commissioner Johnson will no longer serve as the Mayor's designee, effective immediately. ~ ADJOURNMENT The meeting adjourned at 11:20 p.m. Attest: APPROVED: City of Ocoee ;:):' '-' 9