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HomeMy WebLinkAboutItem #01 Approval of Minutes MINUTES OCOEE CITY COMMISSION December 15,2009, at 7:15 P.M. 5:45 P.M. - Ocoee Middle School Jazz Band performed. 6:30 P.M. - Presentation of Christmas Parade Awards - Ocoee Lions Club REGULAR CITY COMMISSION MEETING 7:15 P.M. I A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7: 15 p.m. in the Commission Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of Allegiance to the Flag, led by Commissioner Hood. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Keller, and Commissioner Johnson Also Present: City Attorney Rosenthal, Acting City Manager Croteau I B. PRESENTATIONS AND PROCLAMATIONS Presentation of Check to the Rotary Club for Founder's Day - postponed Presentation of Retirement Chair to Fire Chief Richard Firstner. (Mayor Vandergrift) This presentation was done during a breakfrom Item #5 when Firefighters could be present. Ocoee Firefighter's Local 3623 Firefighter Combat Challenge Relay Team Presentation of Awards of Appreciation to Crowne Consulting Group and Building Homes for Heroes. (Firefighter Paramedic Corey Bowles) This presentation was done during a breakfrom Item #5 when Firefighters could be present. I C. COMMENTS FROM CITIZENS/PUBLIC - None I D. STAFF REPORTS AND AGENDA REVIE'V Assistant City Manager Croteau announced that with the upcoming holiday there will be no trash pick on December 25th or January 15\ however, they will be doing recycling on January 1 st. She further announced Item #8 which had stated would be continued to January 5th will actually be heard on January 19th. Assistant City Manager Croteau wished everyone a Happy Holiday! I E. COMMISSIONERS ANNOUNCEMENTS i!Qrnrtn:Si~rlTh' wished everyone a Happy Holiday! ~Ii1ItPssI~~WQbn%son wished everyone a Happy and Safe Holiday! City Commission Regular December 15, 2009 ~~l1il6mI 1) wished everyone a Happy Holiday! 2) thanked the Ocoee Lions Club and Rotary Club for putting together the Turkey Shoot this past weekend for Wayne Hurst. He personally attended the event and enjoyed himself. 3) announced that he was out Thursday night at Ocoee High School to watch the Ocoee Middle School band perform and it was crowded. The performance was great! I F. CONSENT AGENDA Motion carried 5-0. The Ocoee Fire Department currently have new hydraulic rescuc extrication equipment on all of the first run fire apparatus. There are two (2) sets of old hydraulic tools in storage, slated for surplus and auction this year. Attempts were made to trade in the old sets toward the purchase of new equipment, but were turned down by vendors due to the age of the equipment. With proper maintenance and care the older equipment still operates. There is a need for this equipment by the Central Florida Fire Academy to be used in the training of new and existing firefighters enrolled in their extrication classes. This equipment would supplement their current equipment and be put to good use. The auction sale of this surplus equipment would bring minimal revenue, and has limited use by the public. Approved on Consent. Motion carried 5-0. er ec or, oss On November 7, 2006, the Mayor and City Commission approved a 3 year Enterprise Agreement with Microsoft through Software House International as the state contract holder. The term of the contract is up, and the City has the option to renew for an additional 3 years. Renewal of the contract allows the City access to the latest version of Microsoft applications, discounts for employee purchases, free technical support, free professional services, and training. Approved on Consent. Motion carried 5-0. ""$W,t+,;! .SSlS an an rofeau Last January 1 st, the city entered into an agreement for legislative consulting services with Alcalde and Fay. The contract term was for one year at a cost of $60,000 annually. Specifically, the firm was to assist the City with public works, transportation infrastructure, water resources, and Federal appropriations and grant programs administered by the Federal Government. Staff has worked with the firm over the past year and has items pending for appropriations or grants including Wastewater Infrastructure Project/West Side Sewer Loop in the Water Resources and Development Act of 2010 and the Wurst Road Extension in the TransportationlHighway Reauthorization Bill. The current agreement with Alcalde and Fay expires on December 31, 2009. Staff would like to enter into a new agreement with Alcalde and Fay effective January I, 2010. The agreement would be the same rate of $5,000/month or $60,000 annually. The contract can be terminated upon 30 days written notice, with or without cause. Pulled from the agenda and heard separately after Item #5. Commissioner Hood asked about the expiration of the Gray Robinson contract. City Manager Croteau said she believes that it is a three year contract that expires September 30, 2010; she would have to check the contract to see if it can be terminated early. He them Page 2 of 11 City Commission Regular December 15, 2009 confirmed that the Alcalde and Faye contract is month to month. Mayor Vandergrift asked if this item can be brought back when we have that information. She said it can be brought back January 5, 2010; however the reason they brought the Alcalde and Faye contract back right now is because they have projects in progress on the Wurst Road extension, which is scheduled to go before the Transportation Committee for the highway bill. She stated they also worked with Grayson's office and Alcalde and Faye and they have submitted the West side sewer loop project which is being called a Wastewater Infrastructure Project. Commissioner Hood said the City needs money and he thinks we may not need two lobbying firms at this time. He feels we are getting more done with Alcalde and Faye than we are with Gray Robinson. He said he does not feel we need two lobbying firms with our current budget constraints. He asked Public Works Director Krug how much we have budgeted for streets. Mr. Krug stated there is $300,000 in the budget and a few projects on the wish list at this time. Commissioner Hood asked City Engineer Wheeler to describe the issue in the Peach Lake Manor Area. Mr. Wheeler explained why the utilities need to be brought out to the street and the waterlines expanded to six inches to get better pressure to that area and improve ability to fight fires. Assistant City Manager Croteau said that we have a letter going out to residents in January and construction would start in March. Mayor Vandergrift stated he read the draft letter and we need to add that the size of their lines are going to be increased which will improve their service, water pressure, fire prevention efforts it is not just the moving of the lines from the back to the front. Commissioner Hood named Baranova, Adeleide, Caballero, Little Spring Hill Drive as roads that need to be looked at as far as resurfacing. He stated he would be more in favor of eliminating one of the lobbying firms to free up $60,000-$70,000 so that we could move forward with some of these resurfacing and water structure. Mayor Vandergrift said that the staff can bring back more information in January. Commissioner Hood said he would like the information brought back on Gray Robinson as well. Assistant City Manager Croteau said they will do that. Consensus of the Commission without obiection was to table this item until January 5. 2010 when more information could be brouQht forward reQardinQ both contracts with Alcalde and Faye and Gray Robinson. I G. PUBLIC HEARINGS em . AljIDCII! The applicants, Jeff & Velaina Koren, are requesting approval of a variance to the five (5) foot side yard setback for the construction of a dock and boathouse at 867 Chauncey Court, on Starke Lake. The proposed dock and boathouse will encroach 5 feet into the 5 foot eastern side yard setback. Principal Planner Rumor presented the case. City Attorney Rosenthal explained that there is a court reporter present this evening and there will be an official transcript of the proceeding. He stated that there have not been many contested variances before the Commission, so he reviewed that this case is a Quasi-Judicial Page 3 of 11 City Commission Regular December 15, 2009 Proceeding; the decision should be made based upon the information and record presented to you this evening. The decision is supposed to be based on competent substantial evidence which includes testimony this evening, the staff report, the staff slide presentation, a packet included in the agenda from the Koren Family, and anything presented during the course of the Quasi Judicial Proceeding. This will all be part of the record of the proceeding. At the Planning and Zoning meeting there was a 10-15 minute time frame for each side to present their case. Any response will be part of the public hearing. Mayor Vandergrift opened the Public Hearing. Ed Story, attorney representing the Koren Family stated their case. He advised the history of this case and the necessity of the variance. Dr. Jeff Koren, applicant, gave a presentation with regard to the decision to purchase the lake front property and due diligence that was done at the time the purchase was considered. He stated that he has been working with the neighbors to come up with a scaled down design of the dock that would not impact anyone and all neighbors other than the Sullivans have signed to allow this variance. He showed photos of the view from the Sullivan's lot, which is shrouded by trees, and stated his dock and boat will be behind the tree line and barely visible from the Sullivan property and feels this design is a fair solution for all neighbors. Jack Morgeson, attorney for the Sullivans, residents of 879 Chauncey Court, stated their case. He stated the size and scope of the proposed dock would directly impact the Sullivans. He stated the hardship is a self-created hardship by the owners who purchased a property configuration that does not allow for the type of dock they want to build. Commissioner Wilsen asked to see a letter that the attorney referred to that was written from city staff Bruce Dunsford in January 2009 address to the previous owner two months before the home was purchased by the Korens. City Attorney Rosenthal stated that Mr. Morgeson could give Commissioner Wilsen his entire packet which contains the letter and it will be given to the clerk as part of the official record. 8:01- 8:03 p.m. Mayor Vandergrift left the room and a brief break was taken until he returned. Mrs. Sullivan, resident of 879 Chauncey Court, read a prepared statement, which was also entered into the record. She said Lot 23 was originally marketed by the developer for not being suitable for a full size dock and was priced lower because of that. She said a full size dock will be directly across their lake view and will adversely affect their lake rights. She stated case law which provided that waterfront property owners should have the right to have an unobstructed view of the water. She said the Koren dock will intrude on her view and the enjoyment of her lakefront property that she and her husband love. She stated that her husband was forced into early retirement due to deafness and chose this home because of the seclusion and view of Starke Lake. She added that the trees blocking the view of the dock may be temporary structures, but a dock is permanent. She said they were not comfortable signing the formal agreement that was presented because she would be signing away her rights to the lake. She says this five-month ordeal has caused financial and emotional strain. Jack Morgeson stated he would be happy to answer questions. BREAK 8: 10- 8:26 p.m. postponement of Public Hearing for Fire Department presentations. Public Hearing Continued R.P. Monacky, asked for clarification of how you would define "view" in correlation to a lot and lakefront property. Page 4 of 11 City Commission Regular December 15,2009 Development Services Director Shadrix said this is a difficult decision because both of these families are good neighbors and Ocoee residents with and valid points of view. He added that the permit for the dock was pulled because it was a controversial one and action by both sides was due to the complex nature of this case. He stated that state agencies have disclaimed ownership rights to the lake and the lot lines in this area stop at the water line. Proceeding forward, the City felt it was fair and legally defensible to offer the opportunity for a variance and letting this Quasi Judicial proceeding to prevail. He said staff has tried to work out this agreement and thought the City had helped them come to an agreement and it is unfortunate that the Sullivans felt they could not sign the agreement. Staff recommended approval of this variance, based on interpretation of the extended lot lines and application of variance of the setbacks. He stated there is a small piece of the dock that will be visible, but this design is the best scenario to allow the Korens to have a dock should the variance be granted. City Attorney Rosenthal said, on the discussion of riparian rights, the City treats Starke Lake from a regulatory standpoint as if the City owns Starke Lake and no one is here to dispute that aspect of this case. In terms of a variance, it is essentially to go to a zero setback. The building official stated that there were no other issues that would preclude the issuance of the building permit if the variance for zero setback were granted. The question of riparian rights and the question of the variance are two separate questions. If the Sullivans believe the City has acted improperly by issuing a building permit and that the City is infringing on their rights, then that becomes a matter between the Sullivans and the City at a later time. Mayor Vandergrift made the point that no one owns the water, even when the lot lines extends into the lake it only pertains to the ground under the water if the water were to go away. Jack Morgeson, attorney for the Sullivans, made final comments. Ed Story, attorney for the Korens, made final comments. Jeff Koren made final comments. BREAK 8:43 - 8:52 p.m. for visit from Santa Claus, Operation Santa sponsored by the Ocoee Police and Fire Departments stopped by the Commission meeting during their regularly scheduled routes throughout the City. After a discussion among the Commission with regard to a five foot encroachment, the extent of impact on the Sullivan family, etc. a motion was made. Commissioner Keller. seconded bv Commissioner Hood. moved to approve the variance based on staff recommendations. Motion carried 4-1 with Commissioner Wilsen opposed. ...............~_, " ~ .... .i.rmCIR.a~..i _., " The specific area of the right-of-way runs in a north-south direction between E. Geneva St. and the vacated railroad right-of-way. In 1965, a request to disclaim interest in the northern portion of the right-of-way was approved by resolution. This disclaimer request is proposed by all of the property owners that would benefit from the action. City Attorney Rosenthal read the title of the resolution. Principal Planner Rumer presented the case. Mayor Vandergrift opened the Public Hearing. Victoria Sanders lives on Geneva Street and explained how her deceased mother-in-Iaw's property behind her is landlocked and this right of way will help them sell the property. Mayor Vandergrift closed the Public Hearing. Page 5 of 11 City Commission Regular December 15, 2009 Commissioner Johnson, seconded by Commissioner Keller, moved to approve Resolution 2009-008 the disclaimer of riqht of way per staff recommendations. Motion carried 5-0. The resolution as adopted carried the followinq title: RESOLUTION NO. 2009-008 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, DISCLAIMING ANY INTEREST THE CITY MAY HAVE IN THAT PORTION OF CUMBERLAND A VENUE, A SIXTY (60) FOOT WIDE UNIMPROVED PUBLIC RIGHT OF WAY, LYING BETWEEN GENEVA STREET AT THE SOUTH AND THE VACATED ATLANTIC COASTLINE RIGHT OF WAY AT THE NORTH, SAID RIGHT OF WAY LYING AND BEING IN SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. I H. SECOND READING OF ORDINANCES - PUBLIC HEARING ~, The Shoppes at the Village property is located on the northwest corner of Silver Star Road and Bluford Avenue. The subject property physical address is 300 North Bluford Avenue. The subject site is approximately 0.91 acres in size and is zoned R-l AA (Single-Family Dwelling). The property is currently vacant, undeveloped and moderately covered with a mixture of Maple, Cedar, China Berry and Oak trees. I a. Small Scale Comprehensive Plan Amendment - (PUBLIC HEARING) City Attorney Rosenthal read the title of the ordinance. Principal Planner Fabre made a presentation for all items a through c. He stated that there has been a recent issue brought up that the Right of Way was previously taken by FDOT which will not affect the site. He stated there are some waivers needed. He also stated that the ordinances associated with this project will be passed tonight but will not be adopted until the EAR is transmitted to the Department of Community Affairs at a later date. City Attorney Rosenthal said the legal description still needs to be sorted out because of the FDOT Right of Way conveyance, so a motion to approve should include that it is subject to the applicant resolving issues relating to the legal description of the property and authorizing the City Clerk to subject a legal description approved by the City Attorney and Director of Development Services. The picture will be the same, but the legal description will change. Commissioner Johnson asked the Developer if some landscaping can be changes to camouflage the phone equipment on the corner. Ed Avellaneda, Civil Engineering Group on behalf of the applicant said he has no objection to doing that and working with Embarq or whoever is the owner of that equipment. Mayor Vandergrift asked how we didn't know about the transfer of this land to FDOT. City Attorney Rosenthal said that it has never been recorded by FDOT, if we got possession of this piece we would not be using it; it would probably be donated in the future to FDOT. Mr. Fabre said there is a packet that shows a chain of title for the piece of property. City Attorney Rosenthal suggested using a Quit Claim Deed and the Mayor indicated he is more comfortable Page 6 of 11 City Commission Regular December 15, 2009 with that. Mr. Rosenthal said we will modify the staff recommendation that the right-of-way parcel be conveyed by Quit Claim Deed rather than Warranty deed. Commissioner Johnson... sec~~d~~ ..... by~ory'missi(>ner Wilsen, moved to pass Ordinance No. 2009-035 (tIDoeJadopfeClrafa'late[:date') authorizina the Small Scale Comprehensive Plan Amendment as recommended by staff and modified with respect to the leaal description and the Quit Claim Deed on the Riaht of Way parcel. Motion carried 5-0. The ordinance as passed carries the following title: ORDINANCE NO. 2009-035 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO. 91-28, AS AMENDED, AS FOLLOWS: AMENDING THE FUTURE LAND USE MAP TO REDESIGN A TE FROM "LOW DENSITY RESIDENTIAL" TO "COMMERCIAL" CERTAIN REAL PROPERTY CONTAINING 0.911 ACRES (MORE OR LESS) LOCATED NORTH OF AND ADJACENT TO SILVER STAR ROAD AND WEST OF AND ADJACENT TO BLUFORD AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND USE MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR A DEFERRED ADOPTION DATE IN COMPLIANCE WITH SECTION 163.3187(6)(a), FLORIDA STATUTES; PROVIDING FOR AN EFFECTIVE DATE. I b. Rezoning - (PUBLIC HEARING) City Attorney Rosenthal read the title of the rezoning ordinance. He clarified that the subject of the right of way should really be in the Small Scale Site Plan, not the Comprehensive Plan Ordinance. Mayor Vandergrift opened the Public Hearing. No one wished to speak and the Public Hearing was closed. Mayor Vanderarift, secondedbv.~()mrnissi~nerJ()h~son. moved to pass the Ordinance No. 2009-032 (toi,oei!a'pprovaclRatiahHiteriKClaIEH authorizina the rezonina as recommended by staff and modified with respect to the applicant resolvina issues relatina to the leaal description of the property and authorizina the City Clerk to substitute a leaal description approved by the City Attorney and Director of Development Services. Motion carried 5-0. Page 7 of 11 City Commission Regular December 15, 2009 The ordinance as passed carries the following title: ORDINANCE NO. 2009-032 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM OCOEE "R-I-AA" ZONING, SINGLE FAMILY DWELLING DISTRICT TO OCOEE "C-2" ZONING, COMMUNITY COMMERCIAL DISTRICT, FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 0.911 ACRES LOCATED NORTH OF AND ADJACENT TO SILVER STAR ROAD AND WEST OF AND ADJACENT TO BLUFORD AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY CODE AS OF THE ADOPTION DATE OF THIS ORDINANCE; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING AN ADOPTION DATE AND AN EFFECTIVE DATE. I c. Approval of Small-Scale Site Plan Waivers Commissioner Johnson, seconded by Commissioner Wilsen, approve the Small Scale Site Plan Waivers as recommended by staff with the condition that the RiQht of Way be conveyed by Quit Claim Deed. Motion carried 5-0. b. c. Commissioner Keller, seconded by Commissioner Hood moved to continue this item to January 19, 2009, at the applicant's request. Motion carried 5-0. siV.f!l a, '$*<F'!o' ~~",1'<'l<:$*",;'iiili y,;f~~em ,~...."Jilll~ma er umer On January 16, 2007, the City adopted Ordinance 2007-002 approving amendments to the text of the City of Ocoee Comprehensive Plan, incorporating the requirements of the Wekiva Study Area requirements pursuant to Chapter 163, Part II, Florida Statutes. On March 9,2007, the Department of Community Affairs (DCA) issued a Notice of Intent (NO!) to find the amendments "not in compliance" with the requirements of Chapter 163, Part II, Florida Statutes. On October 20, 2009, the City of Ocoee adopted a Stipulated Settlement Agreement with the Department of Community Affairs Regarding Amendments to Comprehensive Plan Incorporating the Wekiva Parkway and Protection Act. Specifically, DCA found the amendments did not address the requirements of the Wekiva Parkway and Protection Act regarding the master storm water management plan, water supply facility plan and land use strategies to optimize open space and promote a pattern of development that protects the most effective recharge areas, karst features, and sensitive natural habitats. City Attorney Rosenthal read the title of the ordinance. Page 8 of 11 City Commission Regular December 15, 2009 Principal Planner Rumer advised that there is a sign in sheet for anyone wishing to speak on this matter; it must be signed to comply with state law. Mr. Rumer stated that this Wekiva Large Scale Amendment is not inhibited by the EAR evaluation report. This settles the Wekiva Study Area requirements from the state. Exhibit A in this report was Exhibit B to the Settlement Agreement that the Commission approved in November. He said the Commission has seen this before; this is just to formerly adopt it as a large scale amendment. Mayor Vandergrift asked if this has anything to do with the septic tank issues. Mr. Rumer said that legislation dealing with septic tanks was not date certain and they are still reviewing that; it is not included in this Comp Plan Amendment being adopted tonight. Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the Public Hearing was closed. Commissioner Hood, seconded by Commissioner Johnson, moved to approve Ordinance 2009-033 adoptinQ the Remedial Plan Amendment to the Ocoee Comprehensive Plan as recommended by staff. Motion carried 5-0. The ordinance as adopted on second reading carries that following title: ORDINANCE 2009-033 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ADOPTING A REMEDIAL PLAN AMENDMENT TO THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED, PURSUANT TO A STIPULATED SETTLEMENT AGREEMENT WITH THE DEPARTMENT OF COMMUNITY AFFAIRS IN ORDER TO COMPLY WITH THE WEKIVA PARKWAY AND PROTECTION ACT; AMENDING ORDINANCE NO. 2007-002 IN ORDER TO REMEDY INCONSISTENCIES FOUND BY THE DEPARTMENT OF COMMUNITY AFFAIRS IN ITS STATEMENT OF INTENT TO FIND COMPREHENSIVE PLAN AMENDMENT NOT IN COMPLIANCE AND THEREBY BRING ORDINANCE NO. 2007-02 INTO COMPLIANCE; AMENDING THE OCOEE COMPREHENSIVE PLAN AND ORDINANCE NO. 2007-02 BY AMENDING PORTIONS OF THE FOLLOWING SECTIONS: FUTURE LAND USE ELEMENT; DRAINAGE SUB-ELEMENT; POTABLE WATER SUB-ELEMENT; SANITARY SEWER SUB-ELEMENT; NATURAL GROUNDWATER AQUIFER RECHARGE SUB- ELEMENT; CAPITAL IMPROVEMENTS ELEMENT; IDENTIFYING OPEN SPACE CONSERV A TION AND NATURAL AREAS WITHIN THE CITY'S COMMUNITY REDEVELOPMENT AREA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. I I. REGULAR AGENDA en a Wesmere Developme'ntLLC has delivered to the City Letters of Credit issued by Regions Bank in the amounts of $336,496.92 and $227,905.05 for subdivision irnprovements in the Villages of Wesmere. The Letters of Credit are scheduled to expire on December 21, 2009. Regions Bank has declined to extend the expiration date. Staff is recommending that the City Commission approve the drawing of the Letters of Credit. City Attorney Rosenthal explained the agenda item that had been distributed on the dais. Page 9 of 11 City Commission Regular December 15, 2009 He stated the letters of credit need to be done because the project improvements have not been completed. Regions Bank has sent notice that declined to extend Letters of Credit. City Engineer Wheeler stated that an inspection of the property was done two months prior to the end of the two-year warranty period and a number of items were identified that needed to be corrected. The developer was sent notice to attend the meeting which he did not. Taylor Morrison who bought approximately 108 lots have done a good job keeping up their properties. The other 260+ lots are overgrown and in poor maintenance. He stated this property is going into foreclosure in the next few days. We need to take steps to take care of stormwater drainage, utility issues and keep the site clean. Commissioner Johnson, seconded by Commissioner Hood, moved to authorize the execution of documents necessary to call in Letters of Credit issued by ReQions Bank in the amounts of $336,496.92(LOC#55102041) and $227,905.05 (LOC#551 0242) which were provided to the City in connection with the development of the Wesmere Property and the Villaqes of Wesmere Townhomes. Motion carried 5-0. I J. STAFF ACTION ITEMS- none I K. COMMENTS FROM COMMISSIONERS ~~m~Q~Q1j, 1) inquired about the Spring Lake Elementary corridor speed tables. Public Works Director Krug stated they have solicited a price that they can piggyback off on and they are processing the purchase order. Commissioner Hood further inquired if a letter was sent out to the neighbors to get a consensus. Public Works Director Krug stated that they did research and found that the neighbors had submitted a request with their application in advance so everything is good to go. 2) inquired about the street sweeper. Public Works Director Krug stated the street sweeper is running about 2-3 days a week. Commissioner Hood stated he would send him an e-mail regarding an area he would like to see the street cleaner go to. 3) announced he received several calls on Central Park and how impressed they are with the cleanliness and how easy the traffic flow is in/out. 4) stated that the drag races have returned to Ingram Road and someone may want to check that out. Police Chief Brown inquired about the time frame and will send someone to check on it. 5) reminded the Police/Fire Department about the issues on Mona/Doreen Ave. Police Chief Brown stated he would get with Fire Marshall Stanley to go out there during the time traffic issues are occuring. Police Chief Brown briefly announced that the Red Light Cameras will be in effect on December 2151 at three locations which are Blackwood Ave (northbound at SR50), Clarke Road (southbound at White Road and northbound at A.D. Mims Road). He further stated there are signs at these locations now. Mayor Vandergrift commented that staff should add wording to the signs that state: We are keeping you safe for the Holidays! Thank You! 6) wished everyone a Happy Holiday! ~lrQ!rol~~fim 1) thanked everyone who was involved with Operation Santa, Shop with a Cop event, which was a great presentation by the Police Department, and also the Christmas Dinner that was held by the City of Ocoee. 2) wished all a Happy Holiday! Mayor Vandergrift stated he too would like to thank everyone for the many events and suggested that the city's PR Department send a press release stating what a success these events were. Page 10 of 11 City Commission Regular December 15, 2009 ~QirtmtssTQneilJQfi'n~()ii 1) inquired from Parks and Recreation Director Hayes if letters were sent out to Little League and Pop Warner about Freedom Park and the problems they have which have been previously discussed discussed. Parks and Recreation Director Hayes stated he has not sent anything out but he has put together a policy, which is in review with the City Managers office. The policy will deal with the use of athletic fields. Commissioner Johnson stated he would like to have something firmed up before he goes to the HOA meeting. They were told something would be presented to them in 6 weeks and the time is coming up. Parks and Recreation Director Hayes stated the policy will address the issues of the residents residing near the park. Commissioner Johnson stated that they may need to close the parks at certain times and have the Police Department involved. Assistant City Manager Croteau stated that a policy has been drafted but has not been reviewed by the City Manager yet, but she can send the draft of the policy to the Commission should they like to put any input into it. Commissioner Johnson commented that the Park Ranger was cut down to one part-time person and it should be a full-time person. Commissioner Hood added that they should also give the Park Ranger the authority to enforce the rules and have a police radio should he need to contact an officer for help. Commissioner Johnson stated he would like to have both Parks and Recreation Director Hayes and a representative from the City Manager's office attend the HOA meeting with him. Mayor Vandergrift added that he had suggested years ago that they look for volunteers who live near the parks to be assigned as Volunteer Park Rangers since they are there all the time. Commissioner Hood announced that last night they judged Christmas Lights and the competition was pretty stiff. Parks staff did a great job of lining everything up. 2) stated that he received a comment from a resident in a gated community on the south side of town that suggested instead of the flags on the poles on Clarke Road they should put lights up because they do not get street care provided for their tax dollars so they would enjoy seeing the lights on the poles instead. Mayor Vandergrift noted they need to see the bigger picture, such as the four lane road they enjoy was paid for by all of the residents in the city 3) wished everyone a Happy Holiday! ~6mmr~fF:!'Km~ 1) thanked the Ocoee Lions Club and the City for the Christmas parade. Would have liked to see it get pushed back due to the rain but for the turn out they had the parade went very well. 2) wished everyone a Merry Christmas, Happy New Year, and well wishes for all other Holiday during the season! Mi'YJi.~'&i!naeJ;-'g'tm 1) stated they almost made the parade without the rain. 2) received something from Leadway with regard to sustainable technology with using lead street lights 2) announced the several Christmas cards sent to the city. 3) announced the Winter Wonderland was fantastic and everyone went above and beyond the call of duty. Parks and Recreation Director Hayes stated they had over 500 people in attendance and they were very pleased with the turn out. He further stated staff worked really hard and he would like to thank the Mayor for attending. 4) wished everyone a safe Holiday! !ADJOURNMENT The meeting adjourned at 9:53p.m. Page 11 of 11