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HomeMy WebLinkAbout06-04-96 MINUTES OF THE CITY OF OCOEE CITY COMMISSION REGULAR MEETING HELD JUNE 4, 1996 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commISSIon chambers. Pastor Lance Laird, First Baptist Church of Ocoee, gave the invocation, 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, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Police Chief Mark, Assistant Fire Chief Firstner, Personnel/Employee Relations Director Psaledakis, Planning Director Wagner, Planner Home, Concurrency Analyst Resnik, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS PRESENTATION - RECOGNITION OF JIM SILLS FOR SERVICE ON CODE ENFORCEMENT BOARD FROM MAY 1991-96. Mayor Vandergrift announced that Mr. Jim Sills had submitted his resignation from the Code Enforcement Board effective immediately, and he presented Mr. Sills with a Certificate of Appreciation for his five years of service on that Board, noting that four of the five years Mr. Sills served as Vice Chair and Chair. Mr. Sills stated that he had enjoyed serving on the Board and hoped to return soon. Each Commissioner in turn wished Mr. Sills well and Commissioner Gleason listed the other boards Mr. Sills has served and still serves on. PROCLAMATION Mayor Vandergrift read a proclamation proclaiming June, 1996 to be Christian Services Center Month. CONSENT AGENDA The consent agenda consisted of items A, B, C, and D. Commissioner Gleason asked several questions about item B (Starke Lake Boat Ramp). In response, City Engineer Shira said that the dock will not be enlarged but rather rehabilitated; he then explained the process and that the rehabilitation would prevent future washouts. Following a brief discussion Commissioner Anderson stated for the record that, until the tests are complete and the design is chosen, the date of completion is uncertain. In response to Commissioner Gleason's questions, Mr. Shira explained the function of the color television inspection and sealing equipment which is item D. Commissioner Glass asked if it would be in use every day and if not possibly it would be available to loan/rent out. Commissioner Gleason. seconded bv Commissioner Glass. moved to approve the consent agenda as presented. Motion carried 5-0. Ocoee City Commission Regular Meeting June 4, 1996 A. Approval and Acceptance of Minutes of City Commission Re~ular Meetin~ of May 21. 1996. B. Approval and Authorization for Mayor and City Clerk to execute Addendum 96-01 to L.J. Nodarse Contract for Geotechnical Work on Starke Lake Boat Ramp. C. Approval and Authorization for Mayor and City Clerk to execute Addendum No. 96-01 to the continuin~ contract with Universal En2ineerin2 Sciences for Water Plant Expansion in the not-to-exceed amount of $3.196.00. D. Authorization to Purchase Color Television Inspection and Sealin~ Equipment for the amount of $117.790. COMMENTS FROM CITIZENS/PUBLIC Veronica Royce, 917 Marlene Drive, expressed concern that the Adair Street Fire Station would be closed and the response time would be increased. Kent Skiles, 493 Picwood Court, alternate member of Code Enforcement Board, spoke at length about the practice of appointing volunteers to boards according to political districts, rather than elevating the senior alternate member to regular status. PUBLIC HEARINGS SECOND READING OF ORDINANCE No. 96-08, SUBSTANTIAL AMENDMENT TO THE PRAIRIE LAKES PUD - LAND USE PLAN - PROJECT 86-001. This Ordinance was presented by title only for the second reading and public hearing. Planner Horne gave the staff report, advising that this proposed amendment to the Prairie Lake Land Use Plan was being made on behalf of the owners of the property as the City of Ocoee has negotiated to purchase the land for use as a fire station site. Adoption of this Ordinance will approve a revision to the Prairie Lake PUD-Land Use Plan to permit a fire station/public services building to be located on proposed Tract J. As the zoning change would not be necessary if the purchase were not approved by Commission, Mayor Vandergrift opened the public hearing and, there being no objection from Commission, continued the public hearing until after item VI A, (the contract with Silvestri Investments of Florida, Inc. to purchase 2.06 acres), could be considered. CONTRACT WITH SILVESTRI INVESTMENTS OF FLORIDA, INc. TO PURCHASE 2.06 ACRES ON CLARKE ROAD AT STREET "A" FOR THE AMOUNT OF $145,635.00 WITH FUNDS FROM THE DISTRICT FOUR (4) IMPACT FEE ACCOUNT. Assistant Fire Chief Firstner gave the staff report, advising that the negotiated price of $145,635.00 was 5% over the appraised value of the property and that in recommending that price careful consideration had been given to the valuation date vs. the closing date, the potential cost of condemnation and the timing of the closing. Mr. Firstner listed the highlights of the 2 Ocoee City Commission Regular Meeting June 4, 1996 Purchase Agreement, which included (1) the negotiated price, (2) that the City will pay all closing costs, (3) closing is scheduled for June 12, 1996, (4) the City is responsible for the rezoning of the property, and (5) a non-exclusive temporary ingress/egress will be granted to the City in the event Clarke Road is not dedicated at the time of closing. There was discussion regarding when Clarke Road would be finished, and City Attorney Rosenthal gave a status report. City Manager Shapiro advised that this fire station would not be constructed until after the temporary station is on Maguire Road and the construction of Clarke Road is complete; and he stated further that this purchase is recommended at this time because waiting until the commercial construction is underway in that area would cause the price to be much too high. Commissioner Johnson. seconded by Commissioner Anderson. moved to approve the Purchase Agreement with Silvestri Investments of Florida. Inc. and the City of Ocoee for a purchase price of $145.635.00 with funding coming from the District Four Fire Impact Fee fund and authorize execution thereof by the Mayor and City Clerk and that the Mayor and City Clerk be further authorized to execute all documents necessary to close the transaction pursuant to the terms of the aforementioned Purchase Agreement. Motion carried 5-0. The public hearing was reopened on Ordinance No. 96-08. As there were no further comments, the public hearing was closed. Commissioner Gleason. seconded by Commissioner Johnson. moved to adopt Ordinance No. 96-08. revising the Land Use Plan. Motion carried 5-0. FIRST READING OF ORDINANCE No. 96-09, REPEALING ATTACHMENT 9-1 OF ARTICLE IX OF CHAPTER 180, ADoPTING A NEW ATTACHMENT 9-1 RELATING TO TRAFFIC CIRCULATION CAPACITY AND LEVEL OF SERVICE INVENTORY FOR CONCURRENCY MANAGEMENT. Second Reading and Public Hearing are scheduled for June 18, 1996 at 7:30 p.m. This Ordinance was presented by title only for the first reading and public hearing. Mayor Vandergrift announced the time and place of the second reading and public hearing. The public hearing was opened. As no one wished to speak, the public hearing was closed. RECESS 8:55 - 9:10 P.M. OTHER BUSINESS RESOLUTION No. 96-13, ADOPTING JOB DESCRIPTION FOR ASSISTANT CITY MANAGER. Personnel Director Psaledakis presented the Assistant City Manager job description which had been requested at an earlier meeting, and called attention to the position study and salary survey provided as well. The Resolution was presented by title only. 3 Ocoee City Commission Regular Meeting June 4, 1996 Discussion ensued about the level of salary and the likelihood that someone would want to apply for a job under the present circumstances. City Manager Shapiro said he would make it clear that applicants would not be candidates for the City Manager position when he leaves. There was further discussion about the level of salary and Ms. Psaledakis stated for the record, "When we advertise we don't advertise specifically at that 61 ($61,000). You asked me what it would take. And basically, I did what you asked me to do. I showed you the averages and I showed you the grade level, I've explained to you what the grade level is in our own City. When we advertise, we advertise basically (and we did this with the Police Chief) salary negotiable. We don't sit there and put the 61. I'm showing that to show you that we may end up there." Commissioner Glass. seconded by Commissioner Gleason. moved to adopt Resolution No. 96- 13. relating to the job description of the Assistant City Manager. Motion carried 4-1 with Mayor Vandergrift voting no. Although earlier in the meeting Commissioner Gleason had expressed a desire have the new City Manager hire his own assistant, he stated that Commissioner Glass had made a valid point at the last meeting about the wisdom in having a person on board familiar with the day to day operation of the City when the change occurs. Commissioner Glass then said he concurs with Ms. Psaledakis's memo, and thinks the position for an Assistant City Manager should be advertised immediately with salary negotiable. DISCUSSION AND AUTHORIZATION RE: HORIZONTAL CONSTRUCTION CONTRACTS. City Engineer Shira gave the staff report, summarizing the past months focus on drainage problems by PEC and the solutions to those problems, and noting that he had advertised for letters of interest from qualified firms for horizontal construction work. Mr. Shira listed the six responding firms and advised that a seventh firm had responded with interest but had not provided the requested information. The six firms are: Fossitt Groundwork, Inc., Sanford, Florida; Prime Construction Group, Inc., Orlando, Florida; Sunshine Building and Development Corp., Casselberry, Florida; Georgetown Enterprises, Inc., Orlando, Florida; JCB Construction, Inc., Orlando, Florida; AAA Bobcat, Orlando, Florida. Mr. Shira proposed that each firm would be asked to enter into an agreement in substantial accord with the one in the packet and as the plans and specifications for each project are completed, the firms will be asked to submit a bid for the project. Mr. Shira stated the four part recommendation which included authorization to issue purchase orders based on previously appropriated funds for projects for which the bid amount is $25,000 or less. City Manager Shapiro explained that such authorization would permit the problems 4 Ocoee City Commission Regular Meeting June 4, 1996 to be addressed without waiting each time for the two week delay necessitated by bringing each item before Commission. Mr. Shira assured Commission that he would be providing Commission with a copy of the purchase orders and would keep them abreast of the progress being made, and would bring any items estimated at over $25,000 before Commission for approval. Mavor Vandenrrift. seconded by Commissioner Anderson. moved to accept staff recommendation: (1) to accept the Letters of Interest submitted by the six firms listed above: (2) to authorize staff to begin working with the six firms listed above to get signed agreements: (3) to authorize the Mayor and City Clerk to execute the various agreements as they are prepared. without the requirement that each agreement be brought back before the City Commission for individual approval: and (4) to authorize staff to issue purchase orders based on previously appropriated funds for proiects for which the bid amount is $25.000 or less. Motion carried 5-0. UPDATE ON PROPOSED CURFEW ORDINANCE. Police Chief Mark gave the staff report, saying that this study was in response to Commission direction in February to report on the level of juvenile involvement in crime in Ocoee and to identify the specific areas of the City where juveniles are involved in crime, as well as to review the use of curfews in the Central Florida area. He reported that Kissimmee has adopted, by ordinance, Section 877.20-877.24, Florida Statutes, and that is a recommended option. A second option would be to place curfews in specific areas according to the maps in the report. The prepared reports identified the specific areas of concern on Map E as (1) District 5 (colored yellow): an area bordered on the south by Franklin Street, the north by the city limits line in Sections 13 and 18, the west by E. Crown Point Road and the east by N. Bluford Avenue, (the area generally referred to as Pioneer Key Parks I and II plus surrounding land) and (2) District 6 (colored brown): an area bordered on the south by Silver Star Road from Bluford Avenue to Woodson Avenue, then by Center Street to Ridgefield Avenue, on the north by the southern section line of Section 7, on the west by N. Bluford Avenue, and on the east by Ridgefield Avenue, plus that portion of the southeast quarter of the southeast quarter of Section 7 lying within the city limits. Also identified as an area of concern was District 10 (colored gray): that land lying south of White Road and extending south to southern city limits (zoned commercial) and that land lying south of Story/Geneva Road extending south to southern city limits (zoned mostly commercial). Chief Mark said that the high incidence in District 10 was mostly for reports of shoplifting. Commissioner Gleason asked if a particular type of person (under a certain age/suspended from school) could be curfewed. City Attorney Rosenthal said that some additional research would be necessary before rendering an opinion, but that generally to describe a category or group of juveniles, then there should be some basis in the data the Chief is presenting. City Manager Shapiro asked if other cities' experience with malls could be used as a basis for including rulings about juveniles in malls in the proposed ordinance. Mr. 5 .r Ocoee City Commission Regular Meeting June 4, 1996 Rosenthal said that would be reasonable to look at. There was discussion regarding just how great an area to curfew and consensus was reached to use the maps prepared by Chief Mark showing the highly concentrated area of juvenile crime. (Map E) Mrs. Frances Watts, 43 Shell Key Court, spoke in favor of the whole city being under curfew, and asked that the bicycle patrol be reactivated. Mrs. Nancy Wright, Pioneer Key Park, spoke in favor of citywide curfew. Pastor Lance Laird, First Baptist Church, spoke at length against curfews. Mavor Vanden!rift. seconded by Commissioner Glass. moved to accept Chief Mark's recommendation and direct him to get with City Attorney to draft an ordinance to adoPt Section 877.20 - 877.25. Florida Statutes. and follow the maiority of the Attorney General's exception to the curfew as follows: (1) Minors accompanied by parents and legal guardians: (2) Minors traveling to and from places of employment: (3) Minors participating in educational. civic. or religious activities: (4) Emergency situations: and (5) Minors traveling on interstate highways. Motion carried 5-0. City Attorney Rosenthal advised that they would return with the proposed ordinance in 30 - 45 days. AUTHORIZATION TO FILE A WRIT OF CERTIORARI IN CONNECTION WITH ORANGE COUNTY COMPREHENSIVE PLAN POLICY AMENDMENT - BELMERE. City Attorney Rosenthal reported on the current status of Orange County Commission's adoption of an amendment to their Comprehensive Policy Plan, advising that the proposed policy may have violated the Joint Planning Area Agreement when it was changed from a countywide to a site specific amendment. He presented, and recommended, a plan at an estimated cost of $3,000 - $3,600 to protect the City's rights and requested authorization for Foley & Lardner to file a Petition for Writ of Certiorari with respect to Proposed Policy 2.2.7 as set forth in the revised Orange County Comprehensive Policy Plan Amendment No. 96-1, and to take all actions necessary to pursue such Petition. Commissioner Glass. seconded by Commissioner Anderson. moved to adopt Mr. Rosenthal's recommendation as stated. Motion carried 5-0. ApPOINTMENTS TO BOARDS: P&Z: GLENDA HOPKINS' 3 YEAR TERM EXPIRES JULY 1996. Commissioner Johnson. seconded by Commissioner Glass. moved to reappoint Mrs. Glenda Hopkins for a 3 year term on the Planning and Zoning Commission. said term to expire July 1999. ST AFF REPORTS City Manager Shapiro presented a memorandum from Recreation Director Beech requesting approval for $5,120 to be taken from contingency for his summer Recreation Program to add 6 Ocoee City Commission Regular Meeting June 4, 1996 2 recreational aides to his staff to accommodate the additional needs of the community as there are 55 children on a waiting list to get into the summer program. Mayor Vandergrift declared this to be an emergency item. Commissioner Johnson. seconded by Commissioner Anderson. moved to approve the request to transfer $5.120.00 from contingency fund for the Recreation Department to add 2 Recreation Aides to staff for the summer program improvement. Motion carried 5-0. COMMENTS FROM COMMISSIONERS Commissioner Johnson: No comments at this time. Commissioner Anderson: 1) Thanked Lt. Vaughn and Officer James for taking care of the situation at Food Lion where spray painting was being done inside the building without covering the food. 2) Asked if the trash container had been placed on Russell Park. Yes. (Mayor Vandergrift asked that it be painted green.) 3) Noted that Fathers' Day is coming up before the next Commission Meeting. Commissioner Glass: Thanked staff for the tour of the city facilities his daughter's school class made last week. Commissioner Gleason: 1) Mr. Graves, president of Highlands Homeowner's Association, had asked if the City Engineer could determine if it is all right for them to bring some dirt out on the back of the houses south of the telephone station. If so, the barriers will need to be removed temporarily. Mr. Shapiro will discuss it with Mr. Shira Wednesday. 2) Asked about the rumor involving the Kazaros property. Mr. Shapiro is checking it out. 3) Martha Lopez-Anderson reported that the barrier at Natchez Trace has been subjected to vandalism and holes have been bored into it to drain the water out. He commended Judy Henry for her responses to the calls. 4) Announced the Open House at the Withers-Maguire House Sunday, June 9 from 2:00 - 5:00 p.m. Mayor V ander~rift: 1) Announced the dedication ceremony for the bus benches 11 :00 a.m. Thursday at 33 McKey Street and that free bus rides around town will be given. He said further that the benches will be placed on bus routes 25 and 27 in the beginning. Commissioner Gleason interjected here that the Lynx bus will be running the special school bus this year taking summer school kids to West Orange High School. 7 Ocoee City Commission Regular Meeting June 4, 1996 2) Announced two of the drives for funds to Save the Starlight at the theater: a car wash by Students for Starlight Saturday, June 8 at 9:00 a.m. and a flea market Friday, Saturday and Sunday. 3) Announced an S.O.S. board meeting Wednesday at 8:00 at the Starlight. 4) Thanked Linda Anderson for the S.O.S. gingerbread house which was auctioned for $15.00. ADJOURNMENT The meeting adjourned at 10:50 p.m. Attest: APPROVED: City of Ocoee I <' -<\/ L i " t it c~..~ .::a,- !vu&6 .', r ;1'~' S. Scott Vandergnft, Mayo~ (. 8