HomeMy WebLinkAbout11-02-04 Minutes
MINUTES
OCOEE CITY COMMISSION
November 2, 2004 at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A.CALL TO ORDER
Mayor Vandergrift
called the regular session to order at 7:15 p.m. in the Commission
Pastor Queener of the Church of God and Prophecy
Chambers of City Hall. led the
Amber Algood, Teacher from West Orange High School,
Invocation and led the
. City Clerk Eikenberry
Pledge of Allegiance to the Flagcalled roll and declared a
quorum present.
Roll Call:
Mayor Vandergrift, Commissioner Anderson, Commissioner Howell (absent),
Commissioner Johnson, and Commissioner Parker.
Also Present:
City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry
B.PRESENTATIONS AND PROCLAMATIONS
Certificate of Appreciation to Ocoee Elementary Student Dillon Duke. (Police Chief
Goclon) This presentation was postponed to a later date.
C.COMMENTS FROM CITIZENS/PUBLIC
Amber Algood, instructor of West Orange High School Equine Science class, asked the City to
assist them with the purchase of “Dan,” a horse costing $3,000.00.
Commissioner Johnson, seconded by Commissioner Anderson, moved to
approve a $500 contribution from the contingency fund toward the purchase of a
horse. Motion carried 4-0, with Commissioner Howell absent.
D.COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Parker
- none
Commissioner Johnson
- none
Commissioner Anderson
– (1) the marquee light at the front of City Hall is out of sync with time
change; (2) said the shrubs need to be trimmed along the sidewalk from the convenience store at
Silver Star Rd. and Bluford down toward Pioneer Key; and (3) asked that the nomination form for
the West Orange Chamber of Commerce “Community Service Award” be placed on the website.
Mayor Vandergrift
- (1) election at Citrus Elementary School was in favor of Kerry (436) over
Bush (417). (2) read an email from Frances Watts thanking the people who allowed her to move
ahead in the voting line because she was tired and hot, and she said the Seniors are anxious to get
back to the Community Center and summarized events and trips they have done; (3) read a letter
from James Fleming thanking Officer Stone for his patience and dedication during a period of time
when his brother could not be located; (4) suggested that Lester Dabbs be nominated for West
Orange Chamber of Commerce “Community Service Award”; (5) thanked everyone who participated
in the Veteran’s Memorial Interchange ceremony on October 20, 2004; and (6) showed an aerial
photograph of the new high school and explained the layout of the school and the roads surrounding
the school.
City Commission Regular Meeting
November 2, 2004
E.CONSENT AGENDA
1.Approval and Acceptance of the Regular City Commission Minutes of October
19, 2004. (City Clerk Eikenberry)
Passed on Consent. Motion carried 4-0, with Commissioner Howell absent
2.Appointment of Erin Woodman to Education Commission. (City Clerk
Eikenberry)
Only one application was on file for the Education Commission, therefore staff recommends the City
Commission appoint Erin Woodman to the Education Commission for a two-year term ending on
November 1, 2006.
Passed on Consent. Motion carried 4-0, with Commissioner Howell absent
3.Appointment of Danny Vereen and Matt Garland to the Human Relations
Diversity Board. (City Clerk Eikenberry)
Two applications were recently submitted for the Human Relations/Diversity Board; therefore staff
recommends the City Commission consider appointing Danny Vereen and Matt Garland to the Human
Relations/Diversity Board with terms ending November 30, 2006.
Passed on Consent. Motion carried 4-0, with Commissioner Howell absent
4.Consideration of Resolution 2004-11, Amending Resolution 2003-21 and
Adopting Changes to the Human Relations/Diversity Board General Purposes
and By-Laws. (City Clerk Eikenberry)
Resolution 2004-11 to reconsider Article 8, “Quorum and Voting” of the Human Relations Diversity Board
to require that a majority of qualified board members (as opposed to 1/3 one-third) are needed to constitute
a quorum.
Resolution 2004-11
Passed on Consent. Motion carried 4-0, with
Commissioner Howell absent.
5.Consideration of Temporary Road Closing of City Owned Street for Victory
Christian Academy Children’s Parade. (Building Official Phelps)
Victory Christian Academy has made application to the City for a Special Events Permit for a children’s
parade that would require the temporary closing of a City owned street. The event will be held on
November 13, 2004, from 10am – 10:30am. The street to be closed is part of A.D. Mims Road. The
following requirements will be met: 1) All residents that will be affected by the road blockage must be
notified in advance; 2) Health Central Ambulance must be notified of the road closure in advance; 3) An
emergency lane must be maintained at all times; and, 4) Roads must be blocked with proper barricades.
Passed on Consent. Motion carried 4-0, with Commissioner Howell absent
6.Consideration of Agreement with the Florida Fish & Wildlife Conservation
Commission for a $200,000 Grant to Design, Permit, and Construct a Sediment
Removal Structure for the Bluford Avenue Drainage System. (Public Works
Director Zaitooni)
The Florida Fish and Wildlife Conservation Commission has granted $200,000 for design, permitting, and
construction of a sediment removal structure for the Bluford Avenue drainage system. The proposed
structure will improve the quality of the runoff drainage into Starke Lake.
Passed on Consent. Motion carried 4-0, with Commissioner Howell absent
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City Commission Regular Meeting
November 2, 2004
7.Consideration of Work Order No. 26 with Professional Engineering Consultants
(PEC) for $45,584 to Design and Permit a Sediment Removal Structure for the
Bluford Avenue Drainage System. (Public Works Director Zaitooni)
PEC prepared the original preliminary design and assisted City staff with the preparation of the application
for the $200,000 grant with the Florida Fish and Wildlife Conservation Commission. Upon request by
staff, PEC has submitted Work Order No. 26 for $45,584 for the final design and permitting of the project.
Approval of Work Order No. 26 is contingent of City Commission’s approval of the Agreement with the
Florida Fish and Wildlife Conservation Commission for $200,000.
Passed on Consent. Motion carried 4-0, with Commissioner Howell absent
8.Consideration of Declaration of Surplus Property. (Purchasing Agent Tolbert).
This item was removed from the Consent Agenda and heard after Item #12
Staff requests the City Commission to declare the listed unusable items as surplus property to be disposed
of in the methods as proposed by Staff: Ebay, George Gideon Auctioneers, and donated to various non-
profit organizations.
Commissioner Anderson
pulled this item because he wanted to discuss alternatives. He
felt (1) the computer equipment should be given to the Firefighter Local and Computer
Businesses who repair them and donate them to needy children in our area for Christmas
gifts, (2) the cell phones should be given to members of the Ocoee Senior Club for
emergency phone call usage (via Frances Watts), and (3) vehicles and heavy equipment
should be placed on E-bay before being turned over to Gideon Auctioneers.
Mayor Vandergrift, seconded by Commissioner Johnson, moved to declare
the surplus property and dispose of them per staff recommendations with
changes suggested by Commissioner Anderson, and to designate
Commissioner Anderson as the Commission Appointee to oversee the
process. Vote was not taken at this time due to subsequent discussion
and amendment.
Chief Firstner
said the Tri-County Fire Department in the past has been allowed to
select fire equipment that can be used before it goes to surplus, and this year they asked
for the military surplus two-wheel trailer.
Commissioner Parker, seconded by Commissioner Johnson, moved to
amend the motion, to allow for the computer items already earmarked for
donation to schools, with the exception of the computers wanted by the
Firefighter Locals, remain donated and not be auctioned or sold on E-bay,
and the trailer remain donated to the Tri-County Fire Department. Motion
carried 4-0, with Commissioner Howell absent.
Mayor VandergriftPurchasing Agent Tolbert
asked for a list of what is going on E-
bay.
Vote on original motion, as amended, carried 4-0, with Commissioner
Howell absent.
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City Commission Regular Meeting
November 2, 2004
9.Consideration of Traffic Enforcement Agreement with City of Ocoee and
Windsor Landing Homeowners’ Association. (Police Chief Goclon)
A traffic enforcement agreement is required by Florida State Statutes 316.006(2) for the Ocoee Police
Department to have authority to enforce traffic laws upon the private roads within the limits of the gated
subdivisions. Windsor Landing Homeowners’ Association is requesting such an agreement.
Passed on Consent. Motion carried 4-0, with Commissioner Howell absent
10.Consideration of Traffic Enforcement Agreement with City of Ocoee and the
Wesmere Maintenance Association, Inc. (Police Chief Goclon)
The current Wesmere Maintenance Association, Inc. traffic enforcement agreement has no automatic
renewal provision. The Association and the Ocoee Police Department wish to amend the agreement to
include an automatic renewal provision for efficiency purposes.
Passed on Consent. Motion carried 4-0, with Commissioner Howell absent
11.Consideration of Traffic Enforcement Agreement with City of Ocoee and Cross
Creek Homeowners’ Association. (Police Chief Goclon)
The current Cross Creek Homeowners’ Association, Inc. traffic enforcement agreement has no automatic
renewal provision. The Association and the Ocoee Police Department wish to amend the agreement to
include an automatic renewal provision for efficiency purposes.
Passed on Consent. Motion carried 4-0, with Commissioner Howell absent
12.Consideration of Fire Department Reorganization. (Human Resources Director
Diedrich)
The Fire Chief is implementing reorganization in the Administrative Division that will delete the position
of Support Services Chief and add those duties and additional duties to the position of Assistant Chief.
With the addition of duties the incumbent in the Assistant Fire Chief’s position should receive additional
compensation. The job title and job description also need to be revised.
Passed on Consent. Motion carried 4-0, with Commissioner Howell absent
F.PUBLIC HEARINGS
ORDINANCESFIRST READING
13.Ordinance 2004-23 – Land Development Code Amendment – Colonial Drive/SR
50 Access Management Plan. (Planning Manager Armstrong)
Amendment to the Land Development Code changing Figure 3 of the “Access Management and
Intersection Operations Study” for SR 50 to move the full access intersection on State Road 50 from
Consumer Court to Economic Court, and to provide a directional left turn access into the Towne Square
Shopping Center.
City Attorney Rosenthal
read the title of the Ordinance.
Community Development DirectorWagner
presented the findings of the Planning and
Zoning Board and staff recommendations.
Mayor Pro Tem Anderson
opened the Public Hearing. There being no one wishing to
Mayor Pro Tem Anderson
speak, the Public Hearing was closed. advised the second
reading would be November 16, 2004.
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City Commission Regular Meeting
November 2, 2004
G.REGULAR AGENDA
14.Request for Approval Final Subdivision Plan - McCormick Woods. (Senior
Planner Fabre)
Senior Planner Fabre
gave a presentation and advised that staff conferred with the
Planning and Zoning Board’s recommendations.
Stuart Kramer
, KKH Developers, requested 1) placing six-foot sidewalks down
McCormick, 2) delaying the completion of the Community Room until the issuance of
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the 50 Certificate of Occupancy, and 3), a combination of cabana, bathrooms, and 320
sq ft. covered porch similar to the existing one at Wentworth. Being substituted for the
1000 sq. ft. Community Meeting Room
Lengthy discussion ensued.
Commissioner Vandergrift, seconded by Commissioner Parker, moved to
approve the Final Subdivision Plan for McCormick Woods, subject to
condition of 5 foot sidewalks on both sides of the main roads, and allowing
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waivers for deferring the construction of amenities until the 50 C.O. is
issued, and a pool that conforms to state standards with a 1000 square foot
cabana/gazebo, not including the bathrooms. Motion carried 3-1, with
Commissioner Anderson opposed and Commissioner Howell absent.
15.Request for Waiver for Maguire Point Brick Wall. (Community Development
Director Wagner)
Community Development Director Wagner
gave a presentation and advised that staff
recommendation is to approve the requested waiver for the brick wall and include a 25’
landscape buffer.
Arthur Nix, Engineer and Michael Etchison, Developer/Owner presented their case.
Community Development Director Wagner
advised that a 20-foot landscape buffer
could be accomplished and still allow for two-way traffic by reducing the 24’ lane to 22’
and possibly reducing size of sidewalk on the north side of the building.
Commissioner Johnson, seconded by Commissioner Parker, moved to
approve the request for a waiver for the McGuire Point brick wall with
conditions that a 20’ landscape buffer be placed along the north property
line. Motion carried 4-0, with Commissioner Howell absent.
H.STAFF REPORTS
City Manager Frank
asked the Commission to consider amending Ordinance 2004-024 to
extend the no wake zone through November 30, 2004. Mayor Vandergrift declared this an
emergency situation.
Mayor Vandergrift, seconded by Commissioner Parker, moved to amend
Ordinance 2004-024 to extend the no wake zone through November 30, 2004.
Motion carried 4-0, with Commissioner Howell absent.
City Attorney Rosenthal read the title of the ordinance.
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City Commission Regular Meeting
November 2, 2004
City Manager Frank
asked for a consensus of the Commission to direct staff to move forward
with negotiations for the purchase of a piece of property that would assist with storm water
mitigation. Consensus was given without objection. Mr. Frank said a copy of a contract would
be brought to a future meeting, with the purchase being contingent upon Commission approval.
I.COMMENTS FROM COMMISSIONERS
Commissioner Anderson
– asked where the money comes from when the Mayor attends the
Mayor’s luncheons. Commissioner Parker said the stipend was set to give them money for these
types of luncheons, she feels they should get a corporate table for some of these events.
Commissioner Johnson suggested the City look into increasing the stipend, which has not been done
in two years. The consensus was to ask the City Attorney to check into increasing the stipend and
place an item on a future agenda.
Commissioner Johnson
– asked for and received the consensus of the Commission to increase
spending (and matching grant funds) from $5,000.00 to $10,000.00 to improve the sidewalk in front
of DJ Auto Sales using concrete with brick bands instead of asphalt, 2) asked for staff to look into
cost of extending brick (possibly using bricks donated from downtown) instead of asphalt in front of
the church.
Commissioner Parker
- asked for motion on Remington Oaks Block Party
Commissioner Parker, seconded by Commissioner Anderson, moved to approve the
street closure for the Remington Oaks Block Party. Motion carried 4-0, with
Commissioner Howell absent.
Mayor Vandergrift-
1) needs help this Saturday getting debris out of an elderly woman’s yard; 2)
st
received consensus to extend debris removal for hurricane debris to November 21and Fall Cleanup
Commissioner
should remain as advertised on the weekends of November 13th and 20, 2004.
Anderson
added that he is still getting complaints about garbage carts and recycle bins being
mishandled; 3) said he would like to extend the Road Adoption Program to include having
Homeowner’s Associations able to adopt street medians for cleanup and maintenance; 4) said the
OCPS rezoning meeting for Hunter’s Creek Middle School will be on November 3,2004; 5)
distributed a letter regarding the OCBS staff’s handling of the rezoning and asked Commissioners to
read it and tell him if they are in agreement; 6) asked staff to look into a letter from Chess
Landscaping to determine what they are asking for, 7) said he checked our website and could not
find Option A, Option F, and the Staff’s Option (now on West Orange High’s web site), and the
Ocoee Plan on our web site, it should be linked from the front page.
ADJOURNMENT
The meeting adjourned at 9:20 p.m.
APPROVED:
Attest: City of Ocoee
____________________________ _________________________
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
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