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HomeMy WebLinkAbout10-20-98 MINUTES OF THE OCOEE REGULAR CITY COMMISSION MEETING HELD OCTOBER 20, 1998 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7: 15 p.m. in the Commission Chambers. Commissioner Anderson 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, Howell and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, Fire Chief Strosnider, Planning Director Wagner, Building and Zoning Official Flippen, Public Works Director Smith, Capital Projects/Transportation Planner Friel, Assistant City Engineer Wheeler, Assistant Fire Chief Firstner, City Clerk Grafton, Lieutenant Vaughn and Consultant Hooper. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS FIRE PREVENTION POSTER CONTEST: rt, rd, AND 3rd PLACE TROPHIES FOR GRADE LEVELS ONE THROUGH FIVE IN OCOEE ELEMENTARY AND SPRING LAKE ELEMENTARY SCHOOLS. Mayor Vandergrift introduced Fire Chief Strosnider who spoke about the 20 participating schools. Chief Strosnider expressed appreciation for his staff and introduced Lieutenant Vaughn, Inspector Levesque, and Inspector Trimble, who worked with the children. Lieutenant Vaughn explained the objectives of the program and called out the winners in order of placement: OCOEEELEMENTARYSCHOOL FIRST GRADE 1. Michael Wood 2. Jeanne Washington 3. Nicole Henderson SECOND GRADE 1. Joseph Stone 2. Josh Strawder 3. Miriam Pichardo THIRD GRADE 1. Amanda Waters (np) 2. Sade Lee 3. Erin Game FOURTH GRADE 1. Miranda Mckee 2. Candice Taylor 3. Chris Westover FIFTH GRADE 1. Laura Ledford (np) 2. Jasmine Salter (np) 3. Caleb Price SPRING LAKE ELEMENTARY SCHOOL KINDERGARTEN 1. Hannah Taylor 2. Rafael Goitia 3. Bryan May (np) FIRST GRADE 1. Kaitlin Morgan 2. Allison Jarrett 3. April Altilio SECOND GRADE 1. Isabella Guido 2. Jeremy Owens (np) 3. Kendall Clark (np) Ocoee City Commission Regular Meeting October 20,1998 THIRD GRADE FOURTH GRADE I. Adrianna Arbelaez (np) 1. Eleanor Winsemann 2. William Figuera (np) 2. Shane Lyle 3. Toan Tran (np) 3. Daniel Kemmis (np) (np) Signifies student was not present to receive award. FIFTH GRADE 1. Brittany Collison 2. Samantha Hernandez (np) 3. Ashley Pate Lieutenant Vaughn also introduced several others who were vital to the success of this program and thanked all. Chief Strosnider announced that they had received 150 smoke detectors to install in homes and invited citizens to contact the Fire Department if they needed to have a smoke detector installed in their homes. Recess 7:30 - 7:40 p.m. CLARCONA-OCOEE ROAD WIDENING PRESENTATION - ORANGE COUNTY. Capital Projects/Transportation Planner Friel introduced Alex Hull, of Inwood Consulting Engineers and Alan Worthington, Project Manager for Orange County Public Works, and expressed appreciation for their cooperation. Mr. Alex Hull thanked the Staff and presented, on the overhead projector, the study for the widening of Clarcona-Ocoee Road. He pointed out the extent of the project and gave the 3 major reasons for the need of this project: (1) traffic congestion, (2) safety improvements, and (3) future growth in the area. Mr. Hull showed the improvements in detail that would be made to the road and said the design phase would begin after January 1, 1999 with an anticipated completion date of December, 2003 with a total project cost of $24 million. Mr. R. P. Mohnacky, 1820 Prairie Lake Blvd., asked when the intersection of Clarcona- Ocoee/Apopka-Vineland Road would be fixed. Mr. Alan Worthington responded that there were commercial improvements going into that intersection area and with that, hopefully, improvements to turn lanes and signaling. Mayor Vandergrift complimented Orange County Staff for their efforts, and thanked them for the presentation. Commissioner Howell left the table. CONSENT AGENDA The consent agenda consisted of items A, B, C, and D. Mayor Vandergrift raised questions, to which staff responded. Commissioner Glass. seconded by Commissioner Parker. moved to approve the consent agenda with a correction to item D. changing in the Staff Recommendation "during the Easter egg hunt," to read "during the Halloween Block Party." Motion carried 4-0. Commissioner Howell was not present. 2 Ocoee City Commission Regular Meeting October 20,1998 A. Approval and Acceptance of the Minutes of City Commission Regular Meeting of October 6.1998. B. Approval and Authorization for Expenditure of $2.810 to Orkin Pest Control to Tent the Withers-Maguire House for Fumi2ation of Drywood Termites. . Funds are available in general fund contingency 001-516-00-4900. C. Approval and Authorization to Subordinate an Existin2 Easement to Allow for the Proposed Widening of State Road 438. . The City has an existing fifteen foot wide water main easement across several lots on the north side of Old Silver Star Road, east of Johio Shores Road and west of Lake Street which will be impacted by the right-of-way acquisition which will take place in order to allow for the proposed widening of State Road 438. Two actions are necessary: (1) Adoption of Resolution No. 98-16, Authorizing Subordination of Easement Interests to FDOT and (2) Approval and Authorization for Mayor and City Clerk to execute Subordination of City Utility Interests. D. Approval and Authorization for Closin2 of Silver Crest Boulevard for Halloween Block Party. Commissioner Howell returned to the table. COMMENTS FROM CITIZENS/PUBLIC Ms. Rebecca Layman, President of the Ocoee Historical Commission, displayed the coverlet sponsored by the City and presented it to the City. She stated additional coverlets would be available for sale at the Withers-Maguire House on weekends for $45. Mayor Vandergrift moved item VII Efor consideration at this time. ApPOINTMENTS TO THE TRI-CITY AIRPORT AUTHORITY. Mayor Vandergrift introduced Ann Blakeley and Harold Maguire and gave a brief background of each. Mayor Vandergrift. seconded by Commissioner Howell. moved to appoint Ann Blakeley. Harold Maguire and Mayor Vandergrift as members and Commissioner Anderson as an alternate to serve on the Tri-City Airport Authority. Motion carried 5-0. COMMISIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker: 1) Announced the RSVP line 656-2218 for any Citizens' concerns or questions and said Staff would respond quickly. 2) Announced that she would be saying more at Commission Meetings at the request of her constituents. Commissioner Glass: 1) Stated that at the request of his constituents, he would be saying less. 3 Ocoee City Commission Regular Meeting October 20,1998 Commissioner Howell: 1) Said Founders' Day had a good turnout and all comments from citizens had been good. He said he was looking forward to next year's celebration. 2) Asked when the ceiling in the Commissioners' office would be fixed. Mr. Shapiro said it was being taken care of. Commissioner Anderson: 1) Said the citizens in his district requested he ask more questions! 2) Announced that the Political Forum scheduled for Thursday, October 22, 1998, at the Woman's Club had been canceled. Mayor Vandergrift: 1) Said Halloween is soon, so be careful and watch out for the little children. 2) Announced that at the end of the Commission Meeting a "Save Our Starlite" tape would be displayed. Kathy Meyers, formerly a film editor with Disney MGM studios, said UCF students had made the tape as a class project, and edited 9 hours of film to 38 minutes. She presented a copy ofthe tape and book that she had compiled to the City. PUBLIC HEARINGS SUMMERVILLE @ OCOEE PUD (ALF) PRELIMINARY/FINAL SITE PLAN. Director of Planning Wagner used a PowerPoint display showing the location and gave a brief summary of the project to date. Mr. Wagner said, based on the recommendation of the Development Review Committee (DRC) and the Planning and Zoning Commission, Staff recommended that the Preliminary/Final Site Plan for Summerville at Ocoee Assisted Living Facility (Case # LS-98-004), date stamped received by the City on September 25, 1998, be approved. Commissioner Anderson asked if there was anything in writing concerning the brick wall to be built at the rear of the property. Mr. Wagner responded that the builder needed to acquire the easements from the adjoining property owners to replace his fence with a brick wall. Commissioners Howell and Anderson discussed the provisions stated on the blueprints, sheet 2, concerning the brick wall and the wording of the note. Mr. Kevin Robillard, of Daniel Corporation, Winter Park, assured the Commission that Mr. Pagano and the Lake Olympia Club Home Owners Association clearly understood what the agreement was, in regard to the wall, and where it was to be built. City Attorney Rosenthal stated that part of the confusion might be the wording of the note: " .. . otherwise Developer will construct 6' wood privacy fence 10' inside property line." This suggests the way it is worded the existing fence remains and a new fence goes in creating the 10' gap in between. After considerable discussion it was decided, due to an oversight, that part of the note was not deleted as it should have been. 4 Ocoee City Commission Regular Meeting October 20,1998 There was continued discussion of a brick vs. wood fence, and placement of that fence. Mr. Rosenthal reworded the side note from sheet 2 of the prints, submitted September 25,1998, to read: "Developer to remove and replace privacy fence with a 6' brick wall if a 5' easement is obtained from all abutting property owners along the west property line of this parcel by Lake Olympia Club Home Owners Association or others by December 15, 1998." Commissioner Anderson, after speaking with Mr. Pagano, said that Mr. Pagano should have all the agreements with the home owners by the time frame that had been mentioned. The public hearing was opened, and as no one wished to speak, was closed. Commissioner Anderson. seconded by Commissioner Parker. moved to approve the Preliminary/Final Site Plan for Summerville at Ocoee Assisted Living Facility (Case # LS-98- 004) date stamped received by the City on September 25. 1998. as per Staff recommendation. and with the changes to the note on page 2 of the same Plan as read by City Attorney Rosenthal. Motion carried 5-0. OTHER BUSINESS FIRST READING OF ORDINANCES. ORDINANCE No. 98-26, CASE #AR-98-02-01: ST. PAUL'S PRESBYTERIAN CHURCH - ANNEXATION. ORDINANCE No. 98-27, CASE #AR-98-02-01: ST. PAUL'S PRESBYTERIAN CHURCH - ZONING. City Attorney Rosenthal read these Ordinances by title only. Mayor Vandergrift announced the second readings and public hearings November 3, 1998, at 7: 15 p.m. WATER RATES IN THE CITY OF OCOEE. Assistant City Engineer Wheeler presented the history of the rates and changes. Mr. Ken Hooper, of Professional Engineering Consultants (PEC), reviewed, on the overhead projector, the entire process that the City went through in obtaining the Consumptive Use Permit, listing all the specific requirements. Mr. Hooper showed graphs comparing the City's general water consumption between 1995 and 1998, and showed the water rates of other Central Florida Cities. Mr. Dwight Jenkins, Director of Water Use Regulation for the St. Johns River Water Management District (SJRWMD), said the City of Ocoee had the misfortune to adopt the water conservation rate structure right before the drought, and now that the weather was closer to normal the consumption should be closer to normal. He said in the planning process SJR WMD anticipates water deficits in this area, and water conservation would be more important, as they are looking for alternative sources for potable water. Mr. Jenkins said a study (Special Publication SJ98-SP 15) had been done on water conservation rate structures, and said SJR WMD would be willing to make their consultants available, at their expense, to assist in a rate structure study for the City of Ocoee. Mayor Vandergrift proposed rolling the rates back and hiring a professional public relations group to educate the public concerning conservation. 5 Ocoee City Commission Regular Meeting October 20,1998 Mr. Mohnacky asked several questions. Mr. Hooper responded to a question about the depth of the wells saying that the 2 new wells were 1000' with higher withdrawals, and the 6 older wells were 450' -500'. Mr. Hooper said, in answer to a question concerning commercial usage, that their consumption had remained steady. Mr. Jenkins added that the conservation rate structure was not tight enough and did not provide enough financial incentive for conservation. Commissioner Howell asked if the conservation water rates were mandatory or a suggestion from SJRWMD. Mr. Jenkins said the requirement for the City to adopt a conservation water rate structure was from SJRWMD, but the City proposed this particular structure to them. Mr. Jenkins said what was adopted was not the same plan as was proposed, it was actually less demanding than what SJR WMD had asked for. Mr. Shapiro clarified that, according to SJRWMD, the conservation water rate structure adopted was not structured well enough to accomplish their required conservation, however, SJRWMD would look at it again later. Mr. Gordon Applegate, 504 Spring Creek Drive, said the average person does not understand all the charts, but they do understand their water bill. He said he uses under 12,000 gallons of water a month and has seen an increase in his water bill. Ms. Beth McDonald, Prairie Lake Subdivision, said she has had an escalating water bill every month for the past 2 years. City Manager Shapiro asked Mr. Jenkins if he could give statistics concerning irrigation usage in regards to total consumption. Mr. Jenkins said that indoor usage normally runs 50-70 gallons per day, per person, all other use is generally outdoor. Mr. Shapiro asked if SJRWMD had any statistics on the consumptive use when the reclaimed water was in use for irrigation. Mr. Jenkins said the Cities are required to use reclaimed water in the same conservative manner as they would potable water unless there is excess. Mr. Ed McDonald, Prairie Lake Subdivision, said you can train your lawn to use less water and your water consumption and bill should decrease, but that had not happened. Former Commissioner Rusty Johnson, 21 Delaware Street, recalled promising the citizens that the water rates would not go up when the bond issue was passed, and wanted to know where all the excess money from raising the water rates had gone. Commissioner Glass asked if anyone had calculated how much money would have been brought in without the rate change. Mr. Hooper said that about $150,000 was generated by the rate change. City Manager Shapiro said it bothered him that citizens keep saying, "I'm not using anymore but I'm paying more." Mr. Shapiro said they had not had an independent rate expert do a study on this. He would like to see the City hire an independent rate expert to find out if there is a 6 Ocoee City Commission Regular Meeting October 20,1998 billing error as opposed to usage; he does not believe there is a problem but would like to rule that out. Mayor Vandergrift said he had asked SJR WMD to show how they treated other communities, as to what process other communities had been going through, but he had to have Ocoee staff do a report because he understood SJRWMD did not keep records like that. Mr. Jenkins said he would provide the information. Commissioner Parker asked how anyone could use as little as the suggested 150 gallons per person, per day, and said she needed to be retrained to be conservative. She said she recalled when adopting these changes that the average homeowner was not to be affected by the rate change. Commissioner Anderson wanted to: (1) roll back to the rates previous to the water conservation rates, (2) give a rebate as a credit on the excessive rate that had been charged, and (3) have a rate study done by an expert. Mr. Shapiro said there needs to be a study done on the process from the meter reading to the billing, but at this point he had a problem with the rebate until they found out if there had been billing errors or this was actual consumption. He suggested they consult with the Bond Counsel before any change was attempted. City Attorney Rosenthal said that the Commissioners could not vote to reduce water rates immediately, but can vote to give direction to prepare an ordinance for a first reading and public hearing to reduce the water rates. He also agreed with City Manager Shapiro concerning the consultation of the Bond Counsel, and added rolling back rates might require some analysis of the implication of that action on the SJR WMD permit with regards to the Bond Covenants. Mr. Jenkins said SJRWMD would like to be reasonable and work with the City. Mavor Vandergrift. seconded by Commissioner Glass. moved to prepare an ordinance for public hearing to return water rates to what they were prior to March 1. 1998. to be effective Januarv 1. 1999; hold the public hearing as required; use the windfall funds. with the understanding Staff would calculate the amount. to hire a public relations firm to educate the public in conservation; and at the same time. as the City Manager had said. follow up on a rate structure study. Motion carried 5-0. Mr. Jenkins requested the Mayor send a letter requesting the information he had asked for earlier and it would be sent. Recess 10:15-10:25 p.m. 7 Ocoee City Commission Regular Meeting October 20,1998 RESOLUTION No. 98-17, ADOPTING ANNUAL CONCURRENCY ASSESSMENT OF INFRASTRUCTURE AND SERVICES. City Attorney Rosenthal read the resolution by title only. Capital Projects/Transportation Planner Friel was present to answer questions. Mayor Vandergrift stated that he would like to make schools a part ofthe City's concurrency as an informational type of concurrency. Commissioner Glass said what he hears is Mayor Vandergrift would like to move toward adopting an education element similar to Orange County, and agreed that this was a good idea, as Ocoee is the leading municipality in cooperation for joint planning with Orange County School Board. City Manager Shapiro agreed with Commissioner Glass and added that the Commission could suggest things they would like to see in the new Comprehensive Plan next year. He said he was concerned about the concurrency though. Commissioner Glass. seconded by Commissioner Anderson. moved to approve Resolution No. 98-17 adopting the Concurrency Assessment of Infrastructure and Services and an accompanying Infrastructure Deficiencies Map. as presented by Staff. Motion carried 5-0. MELVA STREET CLOSING. Commissioner Howell questioned why a proposal he made 2 weeks ago was not in the Commissioners packet. He displayed the drawing on the overhead projector and pointed out an alternate plan to close a feeder street from Security Circle and put in posts to close it off at the corner. He said this would allow the Fire Department access to the fire hydrant, and would cause no problems for the Sanitation Department. Fire Chief Strosnider suggested they use the temporary barricades. Commissioner Howell said he was concerned that they could be moved. City Manager Shapiro said he wanted to do the barricade with the post so it would have all the correct reflectors in concern for safety, and would like the City Engineer to look at this and notify the neighborhood. Commissioner Howell. seconded by Mavor Vandergrift. moved to close the feeder street which connects Security Circle to Mack Street making Christine A venue and Melva Street a circular drive. and give notice to property owners. Motion carried 5-0. STAFF REPORT - None. Mr. James Blackwelder, 2009 Nancy Ann Terrace, distributed a letter to the Mayor and Commissioners concerning the excellent professional care given to his son at the Founders' Day Celebration. He wished to thank all the people involved. Mr. Shapiro said a copy of the letter would be placed in the appropriate personnel files. COMMENTS FROM COMMISSIONERS 8 Ocoee City Commission Regular Meeting October 20,1998 Commissioner Parker: 1) Thanked the Staff and members of all the committees that worked on Founders' Day, and said it was the best community celebration that she had ever attended. 2) Thanked the Rotary Club for the distribution of the free children's bike helmets. 3) Said she would like to know the parameters for recording various meetings. Mr. Rosenthal said there were no specifics for recording other than statutory requirements for keeping minutes. as a general statement there were no statutorv requirements with respect to recording meetings. but if you record the meetings you would have to continue to do that on a consistent basis. Commissioner Parker said she would like the RFP for the Employee Survey Selection Committee meetings recorded. Mr. Rosenthal advised that, anytime a committee was established and the commission would like to have the meetings recorded for later review. it would be appropriate to so state when the motion is made forming the committee. Otherwise they would typically not be recorded. 4) Said Districts 3 and 4 needed more representation on the Boards and would appreciate volunteers. 5) Wanted to know the status of the Employee Handbook. Mr. Shapiro said it should be finished within the next 15 days. 6) Said she would like to have access to her e-mail at her home. Commissioner Anderson advised that she could speak to Information Systems Manager Tartar and he would give her the proper numbers to have access at her home. Mayor Vandergrift suggested that e-mail messages be followed up with a phone call to get results. 7) Said that there had been interest in getting the 3 retention ponds between the Silver Glen and Reflections sub-divisions modified into one. Mr. Shapiro said it would be an expensive project for the two Homeowners' Associations (HOA) but when the HOA's had a consensus on the issue the City would sit down and discuss how to do it. Commissioner Glass: 1) Echoed the comments of Commissioners Howell and Parker on Founders' Day, and added that it was a wonderful day. 2) Thanked Commissioner Howell for carrying him in the Founders' Day Golf Tournament. 3) Thanked Gary and Annette Strobl for sending the very kind letter after the October 6, 1998, Commission Meeting. 4) Thanked Mr. and Mrs. Conklin for the very nice e-mail they sent after that meeting as well. 5) Reminded everyone of the election on Tuesday, November 3, 1998, and asked that everyone get out and vote. Commissioner Howell: None Commissioner Anderson: 1) Spoke about a memo sent by Mayor Vandergrift stating scenarios of the upcoming change to area codes in this area. He said some had the City of Ocoee split down the middle, and he would like to be informed of other meetings concerning this issue, so he could address the issue to have all of Ocoee use one area code. 9 Ocoee City Commission Regular Meeting October 20,1998 2) Thanked Director of Community Relations/Projects Shira and the volunteers who put Founders' Day together for doing an exemplary job. 3) Stated later in the meeting that he had seen an 18 wheeler truck and school busses on N. Lakeshore Drive and thought they were going to post restrictions on that road. Mr. Shapiro said they had contacted the school board and told them the City would write citations for the busses but it would be more difficult to stop the trucks. Mayor Vander2rift: 1) Echoed the Commissioners' comments on Founders' Day and said comments from citizens indicated they would like to keep the fireworks on Founders' Day rather than the 4th of July Celebration. This was also the consensus of the Commission. 2) Said the balloons and funny faces at the Hospitality tent were very nice. 3) Asked what the problem was with the turn-around for the school busses at Spring Lake Elementary School. Commissioner Howell said they had failed their compaction test for the third time and would have to re-build it. Mr. Shapiro said he would call Orange County Public Schools. 4) Asked that a garbage container be put at the backside of the Gazebo. 5) Said the brick roads needed repair and instead of pouring asphalt into the holes the City should be applying for a grant to repair with bricks. 6) Asked that letters of commendation for employees be copied to the Commission. 7) Asked that parking for official vehicles be limited to 15 minutes in front of City Hall, as there was a daily shortage of spaces. 8) Said that the rest rooms at the lake front were in poor shape for Founders' Day and the door latches were broken. 9) Said he would like to see the test results on the subsurface of Orlando A venue that was having to be replaced, because of the difference in cost. 10) Said the weeds, behind the plants that the City planted at the lake shore, needed to be cut. 11) Asked that the City's sprinkler heads, in the buildings, be checked due to the recent recall. 12) Asked what kinds of grants Staff was working on. Mr. Shapiro said there were several police grants, community service grants, fire grants, whether an ongoing grant would be available for retrofitting sewers from St. Johns River Water Management District, etc., probably a total of 12-14 that they were looking at right now. 13) He said the breaker switches in the concession stand need to be checked. Mr. Shapiro said the building belonged to the Bulldogs. but he would check into it. 14) He asked that when they run the 12" main water pipe down Maguire Road could they run dry lines for sewer and recycling water. Mr. Shapiro said they were doing that. 15) He stated that the school sign at Prima Vista was not there. Mr. Shapiro he would look into n. 16) He asked if the walls at the ball field had been taken care of. Mr. Shapiro said he had talked to Public Works Director Smith. 10 Ocoee City Commission Regular Meeting October 20, 1998 ADJOURNMENT The meeting was adjourned at 11 :02 p.m. Attest: APPROVED: .. < ~ S~. ...(' t ;t=' 0.-2- JXt ''-.R.~ 's. Scott Vandergrift, Mayo 11