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HomeMy WebLinkAbout12-17-96 MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD DECEMBER 17,1996 CALL TO ORDER Mayor Vandergrift introduced Jessie Shreier, student from Windermere Elementary School, as the Mayor of the Moment; MOM Shreier then called the regular meeting to order at 7: 30 p.m. in the commission chambers. Mrs. Anita Morehouse, Miss Shreier's mother, led in the prayer and Commissioner Gleason led in the pledge of allegiance. The roll was called and a quorum declared present. MOM Shreier introduced her family and her teacher. PRESENT: Mayor Vandergrift, MOM Shreier, Commissioners Anderson, Glass, and Gleason. City Manager Shapiro, Assistant City Attorney Scott Clements, City Engineer/Utilities Director Shira, Assistant City Engineer Wheeler, Personnel/Employee Relations Director Psaledakis, Public Works Director Corwin, Public Works Supervisor Solomon, Information Systems Manager Tartar, Senior Planner Horne, Site Plans Examiner Lewis, Buyer Brace, and City Clerk Grafton. (Planning Director Wagner arrived at 8:23 p.m. during the West Oaks Mall/AMC Movie Theatre presentation.) ABSENT: Commissioner Johnson PRESENT A TIONS AND PROCLAMATIONS Mayor Vandergrift expressed the Commission's appreciation to Elliott Schwartz for his services as director for televising the Commission's meetings, and announced that this would be Mr. Schwartz's last meeting as he was leaving his position with West Orange High School. CONSENT AGENDA The consent agenda consisted of items A and B. Commissioner Gleason, seconded by Commissioner Glass, moved to approve items A and B of the consent agenda as presented. Motion carried 4-0. (Commissioner Johnson was not present.) A. Approval and Acceptance of Minutes of City Commission Work Session of December 10. 1996. B. Approval and Authorization for Mayor and City Clerk to execute the Vote Processin~ Equipment Use A~reement and Election Contract with Oran~e County Supervisor of Elections for the 1997 City Election. COMMENTS FROM CITIZENS/PUBLIC Mr. Bruce Beatty, 1327 Olympia Park Circle, announced the Community Christmas Campfire on December 22, 1996, at 5:00 p.m. on Clarke Road. Mrs. Frances Watts, 43 Shelby Court, thanked the Recreation Department for their help all year long, Mayor Vandergrift for the ice cream, Commissioner Gleason for the barbeque tickets, City Clerk Grafton for all the help with the fliers and letters, and also suggested that Jim Beech Ocoee City Commission Regular Meeting December 17, 1996 be appointed director for Seniors when the new building is finished, and thanked City Manager Shapiro for his advice. PUBLIC HEARINGS SySCO FOOD SERVICES WAREHOUSE/OFFICE ADDITIONS - PRELIMINARy/FINAL SITE PLAN. Senior Planner Horne welcomed Robby Lewis as the newest employee in the Planning Department; and Mr. Lewis gave a brief history of his educational background and his family. Mrs. Horne gave the Staff report and said that this issue was external to the approval of the site plan, and said that Staff was recommending approval. Mrs. Horne then made herself available for any questions. Public hearing was opened/closed. Commissioner Gleason. seconded by Commissioner Anderson. moved to approve the SySCO Preliminary/Final Site Plan as presented. Motion carried 4-0. (Commissioner Johnson was not present.) SILVESTRI INVESTMENTS - SMALL SCALE COMPREHENSIVE PLAN AMENDMENT. Senior Planner Horne gave a brief summary about the location of said commercial property, and stated that the applicant has requested a reduction in the area of commercial and a change to low density residential. Staff recommended approval. Also present was Tom Daly from CCL Consultants to answer questions. (Assistant City Attorney Clements read title to Ordinance No. 97-03 later in the meeting to satisfy the record.) Public Hearing was opened/closed. Commissioner Gleason, seconded by Commissioner Glass. moved to approve the Small Scale Comprehensive Plan Amendment. Motion carried 4-0. (Commissioner Johnson was not present.) FIRST READING OF ORDINANCES. SECOND READING AND PUBLIC HEARING SCHEDULED FOR JANUARY 7, 1997. ORDINANCE No. 97-01, RELATING TO TEMPORARY PARKING AND OCCUPANCY OF RECREATIONAL VEHICLES. Mayor Vandergrift announced the time and date for the second reading and second public hearing of Ordinance No. 97-01. Assistant City Attorney Scott Clements read title only. Mr. Shapiro explained that this was the Sojourner Issue. 2 Ocoee City Commission Regular Meeting December 17, 1996 ORDINANCE No. 97-02, RELATING TO PROPOSED EQUIPMENT SCREENING REQUIREMENTS. Assistant City Attorney Scott Clements read title only. Mrs. Horne said that this was a recommendation by Staff in that it would help clarify any concerns and discrepencies in the language of the existing Ordinance. Public Hearing was opened/closed. Mayor Vandergrift announced the time and date of the second reading and second public hearing. OTHER BUSINESS FIRST READING OF ORDINANCE No. 97-04, RELATING TO SILVESTRI INVESTMENTS REZONING. Second Reading and Public Hearing scheduled for January 7, 1997. Assistant City Attorney Clements read title only. City Manager Shapiro explained that this was the first reading of the Ordinance creating the zoning provided for in the Small Scale Comprehensive Plan Amendment that was addressed earlier in this meeting. Mayor Vandergrift announced the time and date of the second reading and public hearing. SETTLEMENT OF LAWSUIT: PAMELA SUE JONES AND MARCIA MULLER V. CITY OF OCOEE, CASE No. 96-930-CIV -ORL-22. Mayor Vandere:rift, seconded by Commissioner Glass. moved to accept Staff's recommendation. i.e.. approve the settlement of all of the plaintiffs' outstanding claims for attorney's fees and costs in the above referenced action for the sum of $15,337.69, and authorize execution of all necessary settlement documents by the City Manager, following review and approval by the City Attorney. Motion carried 4-0. (Commissioner Johnson was not present.) RECESS 8:02-8:15 p.m. NOTIFICATION OF PROPOSED CHANGE FOR WEST OAKS MALL/ AMC MOVIE THEATER EXPANSION. Senior Planner Horne explained that Staff was not making a recommendation on this issue, and introduced Hal Kantor so that he could make a presentation on the notice filed for enlarging the movie theater from a 14 screen theater to a 24 screen theater. Mr. Kantor asked that the change be considered a non-substantial change to go from a 60,000 sq. ft. theater to a 95,000 sq. ft. theater, as the area devoted to the mall would be reduced by the amount of the increase to the theaters. He stated further that he thought there was a glitch in the statutes that probably will soon be changed, and he requested a public hearing and approval. 3 Ocoee City Commission Regular Meeting December 17, 1996 Mayor Vandere:rift. seconded by Commissioner Anderson. moved to treat the proposed change as a non-substantial change and set it UP for public hearing. Motion carried 4-0. (Commissioner Johnson was not present.) AUTHORIZATION FOR THE LEASE/PuRCHASE OF 12 NEW VEHICLES. RESOLUTION No. 96-33, AMENDING THE LEASE/PuRCHASE AGREEMENT WITH FORD MOTOR CREDIT AND DESIGNATING AS TAX EXEMPT VEHICLES FOR POLICE/FIRE DEPARTMENTS. Assistant City Attorney Clements read the title only of the Resolution. Buyer Brace was present to answer any questions. Adoption of this Resolution: 1) approves the purchase of three (3) Ford Explorer 4x2's, six (6) Crown Victorias, two (2) Ford Explorer 4x4's, and one (1) Ford Escort Wagon, 2) approves a Supplemental Amendment to an Equipment Lease/Purchase with Ford Motor Credit Company and designates it as a Qualified Tax-Exempt Obligation, and 3) authorizes the Mayor and City Clerk to execute all documents related to the Lease/Purchase of twelve vehicles to Ford Motor Credit Corporation. Mayor Vandere:rift, seconded by Commissioner Gleason, moved to adopt Resolution 96-33 as presented. Motion carried 4-0. (Commissioner Johnson was not present.) STARKE LAKE BOAT RAMp - RESOLUTION No. 96-34, FLORIDA BOATING IMPROVEMENT PROGRAM. Assistant City Attorney Clements read the title only. City Engineer Shira presented the staff report. Mayor Vandere:rift, seconded by Commissioner Glass. moved to adopt Resolution 96-34, dedicating that facility to the public for twenty five years, as presented. Motion carried 4-0. (Commissioner Johnson was not present.) RESOLUTION No. 96-35, AWARDING 1997 WATER/SEWER BONDS. Assistant City Attorney Clements presented Resolution No. 96-35 by title only. Finance Director Horton introduced those who would be giving the presentation: Mark Galvin, First Union Capital Markets Corp., John White, Wm. R. Hough and Company, Bond Underwriter, and Joe Stanton, Nabors, Giblin & Nickerson, P.A., Underwriter's Counsel. Mark Galvin, City Financial Advisor, reviewed the information in the folder he had distributed to the Commission regarding the purchase contract with Wm. R. Hough and Company for the award of the sale of the $10,150,000 Water and Sewer System Improvement Revenue Bonds, Series 1997. Mr. Galvin noted that this was the completion of a long process which has 4 Ocoee City Commission Regular Meeting December 17, 1996 included a description of the project, adoption of the bond resolution, and now the actual lock-in of the interest rates. He stated further that this bond issue will close on January 9, 1997 and that the interest rate is a funded yield starting at 3.60 % in 1997 and going to 5.70 % in the year 2026 with a Net Interest Cost of 5.6 % . The All in Cost is 5.84 % . The bonds are structured with a mixture of serial and terms, and are callable in ten years. Mr. Galvin recommended that Commission accept these rates. Mayor Vandergrift left the table at 8:33 p.m. John White, Wm. R. Hough and Company, reported that several other issues were on the market at the time this bond issue was presented and it is a competitive low rate. Mr. White said that approval of the Resolution would approve the bond purchase contract between Wm. R. Hough and Company and the City of Ocoee which had been distributed to the Commission at the beginning of his presentation. Mr. White pointed out that some of the bonds were discounted to customers, that Wm. R. Hough and Company would be paying the City $9,944,655.74 and would be presenting a good faith check to Finance Director Horton in the amount of $101,500.00 during this meeting. Mr. White said that check was to be held until closing, at which time the funds will be wired to the City. Mayor Vandergrift returned to the table at this time. Commissioner Gleason. seconded bv Commissioner Anderson. moved to pass Resolution No. 96-35. awarding the 1997 Water/Sewer Revenue Bonds and and the bond purchase contract with Wm. R. Hough and Company and to authorize the Mayor and City Clerk to execute the necessary documents. Motion carried 4-0. (Commissioner Johnson was not present.) City Manager Shapiro announced that the bond closing would be held in his conference room on January 9, 1997. WAIVING BID PROCESS FOR PuRCHASING LODAL REFUSE COLLECTION TRUCK. Public Works Director Corwin presented the staff report, requesting that the purchasing requirements be waived for a 20 yard side-loading Lodal refuse collection vehicle to add to the existing fleet. There followed discussion regarding the need for a larger vehicle and City Manager Shapiro advised that there are not enough funds available for the larger vehicle. Mayor Vandere:rift, seconded by Commissioner Glass, moved to waive the bid process and purchase an additional 20 yard Lodal. Motion carried 4-0. (Commissioner Johnson was not present. ) 5 Ocoee City Commission Regular Meeting December 17, 1996 RESOLUTION No. 96-36, DESIGNATING AS TAX EXEMPT, THE LEASE/PuRCHASE OF 20 YARD LODAL GARBAGE TRUCK. Commissioner Glass, seconded by Commissioner Anderson. moved to (1) authorize the purchase of a 1997 Lodal EVO-Mag-20 sideloader from Container Systems & Equipment Company, Inc. of Daytona Beach, Florida, (2) adopt Resolution No. 96-36 approving an equipment lease/purchase agreement with Commercial & Municipal CapitaL LLC and designating it as a Qualified tax-exempt obligation. and (3) authorize the Mayor and City Clerk to execute all necessary documents pertaining to the Lease/Purchase of this equipment with Commercial & Municipal Capital. LLC. Motion carried 4-0. (Commissioner Johnson was not present. ) DATA PROCESSING PLAN FOR THE CITY. Information Systems Manager Tartar presented the staff report and displayed the projected plans and schedule for the computer system which he had designed for the City complex. Following a question/answer period, Commissioner Anderson, seconded by Commissioner Glass. moved to approve the plan as presented. Motion carried 4-0. (Commissioner Johnson was not present.) LIABILITY ISSUES - RIDE-A-LONG IN POLICE CRUISERS AND USE OF CITY Bus FOR NON-CITY SPONSORED FuNCTIONS. Personnel/Human Relations Director Psaledakis explained the liability involved with citizens being permitted to ride in city vehicles, and said that they should be with the Police Chief and Fire Chief instead of with Police Officers or Firefighters due to danger. Commissioner Gleason said, what he was asking for was not for people to be riding with Police Officers, but rather Leadership class members to ride in a community van and that they (West Orange Chamber of Commerce) carry their own liability. Mayor Vandere:rift. seconded by Commissioner Anderson, moved to direct the City Manager to have Staff look at and suggest a policy to the Commission to be able to make ride-alongs possible with Police Department. Fire Department, and Recreation Department. Motion carried 4-0, (Commissioner Johnson was not present.) RECESS 9:35 - 9:45 p.m. A WARD ON KISSIMMEE AVENUE/STORY ROAD AND MARSHALL FARMS ROAD/MAGUIRE ROAD INTERSECTION IMPROVEMENTS. Commissioner Gleason, seconded by Commissioner Anderson, moved to authorize the Engineering Department (1) to execute the Intent To Award. (2) to secure executed contract document, bonds and insurance from the contractor. and (3) to authorize the Mayor and City Clerk to execute the contract with Southland Construction, Inc. in the amount of $1 , 163.718. 10 in accordance with their bid at such time as the contract documents are reviewed for compliance 6 Ocoee City Commission Regular Meeting December 17, 1996 by staff and legal counsel. as needed. Motion carried 4-0. (Commissioner Johnson was not present. ) LAKE OLYMPIA CLUB - ROAD CLOSURE. City Engineer Shira gave the staff report which reviewed several methods of speed control and suggested that arrangements be made to get input from the public as well. Commissioner Gleason said that he thought we were in the process of doing this due to information provided by Engineering earlier. Following further discussion, Commissioner Gleason, seconded by Commissioner Anderson, moved to ask City Engineer Shira to put together suggestions and options showing the cost involved: and schedule a town (or neighborhood) meeting to discuss this. Motion carried 4-0. (Commissioner Johnson was not present.) CAPITAL EXPENSE-PuRCHASE OF VEHICLES FOR UTILITY DEPARTMENT. City Engineer Shira said that Staff underestimated the cost of these vehicles when preparing the budget, and that funds were available in Water and Wastewater Reserve for Contingency to cover this shortfall. Commissioner Gleason. seconded by Commissioner Anderson, moved to (1) authorize the transfer of $6.722.00 from Water Reserve for Contingency and $712.00 from Wastewater Reserve for Contingency to cover the shortfall and (2) authorize purchase of the vehicles utilizing the Florida Sheriff's Association's bid. Motion carried 4-0. (Commissioner Johnson was not present. ApPOINTMENTS TO CHARTER REVIEW COMMISSION. Commissioner Johnson appointed Lester Dabbs; (Commissioner Johnson submitted in writing and Mayor Vandergrift read selection). Commissioner Anderson appointed Steve Anderson; Commissioner Glass appointed Vern Combs; Commissioner Gleason appointed Bruce Beatty; Mayor Vandergrift appointed Moulton Poplin. Mavor Vandere:rift moved to approve the list as presented, seconded by Commissioner Glass. Motion carried 4-0. (Commissioner Johnson was not present.) There was discussion regarding the cost of the meetings and Assistant City Attorney Clements estimated the cost would be $1O-$15K including an attorney at the meetings. City Manager Shapiro added that if it gets wider in scope the cost could be addressed at mid-year budget. 7 Ocoee City Commission Regular Meeting December 17, 1996 NEXT WORKSHOP RE: SELECTION OF CITY MANAGER. The next workshop for the selection of the City Manager was scheduled for Thursday, December 26 at 7:00 p.m. Peggy Psaledakis advised that she would have background information available by Friday and Debbie McDonald would be coordinating the workshop as she would be on vacation at that time. ST AFF REPORTS There were no staff reports. COMMENTS FROM COMMISSIONERS Commissioner Anderson: 1) Asked if the ordinance regarding solicitation has been changed. City Manal:er Shapiro advised that there is no liability. 2) Announced the Sysco dinner for the needy at the Community Center Wednesday night for those who have tickets. Commissioner Glass: 1) Announced the RSVP number. 2) Announced the Christmas sing-a-Iong Friday night, December 20, at the Gazebo. 3) Commended the Ocoee Police Department and Fire Department for the excellent job of handling traffic control following an accident on Maguire Road. 4) Wished Maxine Rosenthal a speedy recovery. COMMISSIONER GLEASON: 1) Asked if the handrails being placed next to the sidewalk on the north end of Orlando Avenue could be placed on the south end as well. City Manal:er Shapiro said he would check with the City Engineer. then he advised that he had hired a firm to do the sidewalk on the county portion of Orlando A venue. 2) Said he has heard positive comments on the requirement for citizens to keep their lots up to standard and asked if the enforcement could be tightened up to include lots not yet developed in actively growing areas. Mayor Vanderl:rift: 1) Reminded staff that he had asked for the lakefront to be mowed before Friday, when there is a boat parade scheduled just before the sing-a-Iong. 2) Said he has pressed for a program for the care and upkeep of downtown and wants to follow through on that. 3) Asked for the schedule for the completion of the lakefront bathrooms. City Manal:er Shapiro responded that he hoped to have plans after January. 8 Ocoee City Commission Regular Meeting December 17, 1996 Each member wished all Happy Holidays following their comments. ADJOURNMENT The meeting adjourned at 10: 15 p.m. Attest: APPROVED: City of Ocoee ~., ~d S. Scott Vandergrift, Mayor 9