HomeMy WebLinkAbout08-16-05 Minutes
MINUTES
OCOEE CITY COMMISSION
August 16, 2005 at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
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. Pastor David Hartbarger gave the Invocation and Eighth-grader
Elizabeth Koller, led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll
and determined a quorum was present.
Roll Call: Mayor Vandergrift, Commissioner Anderson, Commissioner Howell, Commissioner
Johnson, and Commissioner Parker.
Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry.
I B. PRESENTATIONS AND PROCLAMATIONS
None
I C. COMMENTS FROM CITIZENS/PUBLIC
Johnny Lomber and Elizabeth Koller, eighth-grade students from Ocoee Middle School, asked
for support during their fund-raising event to help them take a trip to Washington D.C. One of
their events will be a Cow Pie Bingo on October 15,2005, 11 :00 a.m., during Ocoee's Founder's
Day event.
Lester Bailey, and other members of West Orange FF A asked for assistance to attend the
National FF A Convention in Louisville, Kentucky. They asked if the City would contribute a
$500.00 sponsorship.
Commissioner Johnson, seconded bv Commissioner Anderson moved to
approve the expenditure of a $500.00 sponsorship for the West OranQe FFA.
Motion carried 4-0, with Commissioner Howell away from the dais.
I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Parker - said the sidewalks are going in along Clarke Road, and she has heard
many positive responses. She thanked the staff and all who participated in getting it
accomplished. Mayor Vandergrift asked staff to look into the "Blue Line Law" where
sidewalks can be marked in order to be shared with pedestrians and bicyclists.
Commissioner Johnson - none
Commissioner Anderson - asked how the City would be able to participate in the Health
Central Event regarding student nurses. It is the same day as our Founder's Day. He asked that
next year we try to make the dates on different days so that we can participate.
Commissioner Howell - absent
Mayor Vandergrift - 1) read a plaque presented to the City thanking us for support of the
Ocoee Little League, 2) read a thank you letter from the Garden Villa apartments for getting the
City Commission Regular Meeting
August 16,2005
sidewalks in place, and 3) read a letter from the New Beginnings of Central Florida thanking the
City for the $250.00 grant.
I E. CONSENT AGENDA
1
e of the Regular City Commiss
k Eikenberry)
2.
General Employees'
of Trustees.
(~ity Clerk
The General Employees' Pension Board of Trustees was created by Ordinance No. 91-08 on May 21, 1991. The
purpose of this board is to administer the operation of the Retirement System. The board consists of five (5)
members, who serve two (2) year terms. The two (2) year term of Jean Grafton (attended 10 of 10 meetings) ends
September 2005, and she has indicated she is willing to serve another term, if reappointed. There are no
applications on file for this board.
:3 t toponceOfficers'lJirefigllters'P~p~i()
The Police Officers'/Firefighters' Pension Board of Trustees was created by Ordinance No. 91-09 on May 21, 1991.
The purpose of this board is to administer the operation of the Retirement System. The two-year term of Ronald
Strosnider (attended 8 of9 meetings) ends September 2005, and he has indicated he is willing to serve another term,
if reappointed. There are no applications on file for this board.
~IP~~n~fD~pt~. to CitizenAdvi~9tty ci! f~r pCQee Fire Department. (City ~lerk
Eiien,berry)
On September 16,2003, City Commission adopted Resolution No. 2003-20 establishing the CACOFD and adopting
By-Laws for the board. The Resolution provides that CACOFD membership shall consist of no less than fifteen
(15) members and no more than twenty-five (25) members. Members must be legal residents of the City or owners
of real property or businesses in Ocoee. There are currently ten (10) members serving on the CACOFD and with
Commission's approval currently the board is meeting with less than (15) members. Two (2) applications were
recently submitted for the Citizen Advisory Council for Ocoee Fire Department (CACOFD); therefore, staff
recommends the City Commission consider appointing Ryan Colbert and Warren Channell to the Citizen Advisory
Council for Ocoee Fire Department with a term ending November 2008.
5, j,ppointmel1ttQiEdp.~{ltign ~ommission. (Ci!y~lettkEiRen\)~ttry!)
Members of the Education Commission serve two-year terms. Currently the Education Commission has fourteen
(14) members and their resolution allows no less than seven (7) members and no more than fifteen (15) members.
The two-year term of Debra Booth ends August 31, 2005. Ms. Booth has indicated she is willing to serve another
two-year term, ifreappointed. Ms. Booth has attended twelve (12) out of seventeen (17) meetings with no absence
unexcused and was tardy one (1) meeting. There are no applications on file for residents interested in serving on the
board.
6. Approv~l..o~BYn.eFQrm.ul{l ~rapt..Letter. (PoliceChiefGoclon~
In order to obtain money under the Byrne Formula Grant, the chief elected officials from 51 % of the municipalities
representing 51 % of the population must sign a letter agreeing how the money will be spent. The City of Ocoee
Police Department is applying for fundin to continue a DUI enforcement program for FY 2005/2006.
~.ApprQval forPigneer egional... Pond Des.go and Permitt!n.g. (Publi
Directt)rrt~ltoon.i)
As a part of the "Pioneer Key Regional Stormwater" project, the City has received an $850,000 grant from Florida
Department of Environmental Protection (FDEP) to design and construct a regional pond/educational park and
$400,000 from Orange County Community Block Grant (CBDG) for paving and drainage and conveyance system
for Pioneer Keys I. These grants are time sensitive and in order to meet the grant timelines, it is necessary to
authorize the design and permitting phase of the project in the current fiscal year. Fiscal Year 05-06 Professional
Engineering Consultants (PEe) who were instrumental in obtaining the grants have submitted a proposal for the
design and permitting of the project. Staff recommends that City award the design and permitting of the project to
PEC for $178,071.00.
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City Commission Regular Meeting
August 16, 2005
val of/Transfers &.IC).J0m~ater O.Rer~t~pg,~qnd Accounts. (Public Works
QrZfliIQQPi)
In order to pay for the incurred or expected expenditures, it is necessary to transfer $20,000 from Stormwater
Operating Fund Contingency (Line 4900) to Engineering Expenses (Line 3102) to pay engineering expenses related
to NPDES and miscellaneous other expenditures.
9. A.pproval of~b ~rder/Nwit~ ..J>rime CoPstJ0J1~tiC).pGrRq~,. Inc. the
Reclaimed Wafer 0 fer/Pam fi\~iJityJ>rQjef:t. (City Engineer Wheeler)
The Engineering Department requests that the City Commission approve Change Order no. 5 with Prime
Construction Group, Inc. on the Reclaimed Water Booster Pumping Facility Project for temporary piping needed for
startup, additional instrumentation, and adjustment in contract time. The change order results in an increase of
$11,017.66, with an increase in contract time of twenty-six calendar days.
10: er,Reclam If rd of
Construe IOnt C9ptrat; Ipg,/ nf:. er
The Waterside Water Reclamation System project generally includes the installation of reuse mains within the
Waterside subdivision in order to supply reuse water for irrigation and to take those customers off potable water for
irrigation. By doing this reuse retrofit project, it will help reduce potable water production and bring the City into
compliance with our CUP permit with the St. Johns River Water Management District. The project includes the
installation of the piping, valves, meters, and other associated appurtenances. Tetra Tech, Inc. (TTI) made a
recommendation to award the contract to Florida Contracting Inc. in accordance with the base bid for the directional
drill option. The Engineering and Public Utilities staff concurs with TTI's recommendation to award the Waterside
Water Reclamation Distribution System project to Florida Contracting, Inc. in the amount of $286,823 .00.
1 LQuarferly .Iinancial Report...,;Thir~I<QJlarterIf'\'i 2005~ (FinanceM;tnager llisb()R~
Revenues are being collected as anticipated for all funds. Expenditures are being closely monitored and are within
expected ranges. Staff continues to look for new ways to increase revenues and/or reduce expenditures without
compromising the levels of service to the community.
Commissioner Anderson pulled Items #9 for questions and Item #7 to recognize staff for the
good job that was done on that project.
Commissioner Johnson also thanked staff for the hard work done on the Pioneer Key project
(Item #7).
Consent AaendaVote:
Commissioner Anderson, seconded bv Commissioner Parker moved to approve
Consent AQenda, Items #1 throuQh #11, as presented. Motion carried 5-0.
I F. PUBLIC HEARINGS - None
I G. ORDINANCE FIRST READING
12;".(j)fdinance 1\mending..el1apter 21..Purcba~ing..(5()d.~.~/. '(RgJ0~na$~pg<AgeQ.tT()Ibel1t)
Staff recognizes that enhancements and revisions to the existing purchasing ordinance are periodically
necessary to streamline the procurement of commodities and contractual services for the City. The
recommended changes address these issues and the increase in cost of items. The major revisions contained in
this ordinance are: 1) the approval levels for purchases have been increased for department directors and the
City Manager, 2) the number of quotes for each level has been revised, 3) amends definitions, 4) amends
exemptions, and 5) clarifies some procedures. Procedures have been reviewed and will be updated to reflect the
changes in this ordinance once adopted.
City Attorney Rosenthal read the title of the ordinance. The second reading and Public Hearing
will be held on September 6, 2006, at 7: 15 p.m. or as soon thereafter as may be heard.
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City Commission Regular Meeting
August 16, 2005
1 H. REGULAR AGENDA
of Ocoee. \'is. Oak Eotesl Partn
erts'F~eSJlnd.(5osts for
~ttprney tJt~n
As part of the Old Winter Garden Road Widening Project, the City acquired Parcels 11OA, 11OB, 708A, and
708B through condemnation. The property falls within Part A of the Old Winter Garden Road Widening
Project. Thus, the City is responsible for 54% of the project costs under an Interlocal Agreement with Orange
County. Pursuant to Florida Statutes, the City is responsible for the reasonable expert fees and costs incurred by
Oak Forest Partners and Westlake Partners in the eminent domain proceedings. The City Attorney has
concluded that it is in the best interests of the City to settle Oak Forest Partners' and Westlake Partners' claim
for expert services rendered by Buchheit Associates, Inc. and W.D. Richardi, Inc.
tlake Partners:
1l0A, HOB, 7
d Settlement of
d 708B. (City
City Attorney Rosenthal said this was part of the Old Winter Garden road project, which was
settled. There are some fee issues, which are now being negotiated. We have reached agreement
on two of them, surveying and appraisal services, and additional items will be coming as they are
negotiated.
Commissioner Anderson, seconded bv Commissioner Johnson moved to
approve, per staff recommendations, authorizina payment of expert fees in the
amount of $4,725.00 to Bucheit Associates Inc.'s Services and $1,500.00 to W. D.
Richardi, Inc. Motion carried 5-0.
Emergency Item: Extension of Deadline for Village Marketplace Shopping Center
City Attorney Rosenthal explained that this is a time sensitive item because the deadline of
August 21, 2005 will come before the next Commission Meeting and a determination to extend
the deadline would have to be made before that time.
Mavor Vanderarift declared this item an Emeraencv Item.
Commissioner Anderson, seconded bv Commissioner Parker moved to approve,
per staff recommendations, the extension of the deadline until September 30,
2005, for BP Products America, Inc., Villaae Marketplace Investors Ltd., and
Debra S. Meredith Kraft to satisfy the continaencies associated with the June 21,
2005, approval of the Development Aareement and Plat of Villaae Marketplace.
Motion carried 5-0.
14,AcppOin tmeJ1t toPlanninga~(l l,ollipgcCOmlhissioll, ([;jty($l~J:"k~ikeJ:lbetry)
The Planning & Zoning Commission was created by Ordinance No. 516 on September 15, 1970. The purpose
of this commission is to guide actions affecting development in the City. It also determines whether proposed
developments conform to the principles and requirements of the Comprehensive Plan and Land Development
Code, and acts in advisory capacity to the City Commission. The board consists of nine (9) regular members,
who serve three (3) year terms. The three (3) year term of James Golden (attended 22 of 24 meetings) and
Camille Riffe (attended II of 24, tardy x2 meetings) ends September 2005. They have indicated they are
willing to serve another three-year term, if reappointed. In addition, four (4) residents have expressed
willingness to be appointed to the board.
Page 4 of8
City Commission Regular Meeting
August 16, 2005
Commissioner Johnson said that he has a highly qualified applicant in his district that is
interested in being on this Board and has been waiting for a few years. He would like to appoint
Nathan Conkling as a new member, and he thanked Camille Riffe for the excellent job she has
done. He asked that Ms. Riffe receive a certificate for the volunteer work she had done for the
City.
Commissioner Johnson. seconded by Commissioner Anderson moved to appoint
Nathan ConklinQ and reappoint James Golden as reQular members of the
PlanninQ and ZoninQ Board for three year terms endinQ September 2008. Motion
carried 5-0.
Discus Miscellaneous Residential Front Yard Manager
Armst
Consideration of possible amendments to the Land Development Code and City Code of Ordinances regarding
residential front yard issues.
Community Development Director Wagner gave a report on the research that had been done
with variance residential front yard issues. He has been working with the Planning, Building,
Code Enforcement Department and Police Departments over the last few months and determined
the eight issues of importance in this area:
1. Canopy Covered Parking Structures
Without objection. the Commission determined that no amendments should be
made to this section, per staff recommendations.
2. Boats, Recreational Vehicles (RV) and Campers Parked in Front Yards
Without objection, the Commission moved to amend the lanauaae per staff
recommendations, expandina the definition to clarify codes for commercial vs.
recreational vehicles, and to allow recreational vehicles UP to 36 feet (as opposed to
24 feet) and commercial vehicles UP to 1 % tons to be parked in the side yard, with a
new condition that they must be behind the front buildina setback and screened
with a aated, 6-foot opaque fence.
3. Vehicles Overhanging on Sidewalks in Residential Neighborhoods
Consensus of the Commission was that the City has an enforceable ordinance in
place at this time, which can be enforced bv Police as problems arise.
4. Parallel Street Parking in Grassed Easement Between the Sidewalk and Street
Consensus of the Commission was to add a provision to the Code which states that
parkina on the arassed easement is prohibited, and identifyina roads where it would
be allowed by usinQ the followina lanauaae "parkina on the arassed easement is
prohibited except for the followinQ roadways on which on-street parkinQ is not
permitted: (List of roads would be identified)."
5. Placement of Mechanical Equipment on Corner Lots
Without objection, the Commission advised to add a new provision to the Code of
Ordinances that "new homes or new additions/equipment would have to locate
mechanical equipment (air conditioners, pool pumps, etc) on the inside of the lot.
6. Front Yard Parking
Community Development Director Wagner said this is one of the areas where we
receive the most complaints. Residents can currently park all over their front yard with no
restrictions. He felt that some restrictions should exist, to allow only 50% of the front yard
(allowing approximately three cars) could be covered with an impervious surface. An
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City Commission Regular Meeting
August 16, 2005
apron should exist on the sides to allow for drainage. How do we enforce this? City
Attorney Rosenthal said one possible way to "grandfather" older areas in, would be to tie
the restrictions to the date that the homes were built.
Consensus of the Commission was to have staff research this further. and to see
what restrictions occur in other Cities.
7. Garage Conversions to Living Space
Consensus of the Commission to allow conversions from oaraoe to livino space. as
lono as a total of two parkino spaces exist for the property.
8. Fences in Front and Side Yards
Community Development Director Wagner said currently the Code allows a four-foot
opaque fence to run along the front of the property, which blocks the view of neighbors
trying to back out of their driveway.
Consensus of the Commission was to direct staff to meet with Commissioners
individually to discuss this item in oreater detail.
Discussion followed regarding a legal review of the Board of Adjustment, resident's cost of
application for a variance, and bringing this back on a future agenda as a fee adjustment
discussion, which would then be made a resolution.
Recommended changes on all issues will be brought back at a later date, in the form of an
ordinance, and will be subject to two readings, and one public hearing.
Commissioner Parker left the meeting at 9:35 p.m.
al t of # 03..Q01, on. ublie
s Dir Za )
Waste Services of Florida, Inc. (WSI) has requested assignment of the Residential Collection Contract to Waste
Pro (another hauler) per Section 16 (A) of the Contract RFP#03-001, which only allows assignment of the
Contract with the expressed written approval of the City. Staff has reviewed the request and has formulated the
City's options in response to the request.
City Manager Frank said this item would be pulled until a later date at the request of Waste
Services of Florida, Inc.
l!f.~...;\.ppr()\'~J...Of..SIlOtt..~ermLeQ,smg...b.'Land...S .Q,~e>at..301....1\I uire...RoQ,d.:.......<lg!llic...W9rks
Zaitooni) Xbis itel1J...'H'4shef.f,*4befor~lte
First Class Coach & Equipment, Inc., a distributor of Thomas Build Buses, have requested leasing of the 3-acre
portion of the Public Works property at 301 Maguire Road for a 3-month period in exchange for a rental fee of
$2,000.00 per month and providing insurance coverage and holding the City harmless from any liabilities. It is
intended that approximately 50 buses be stored on the property prior to distribution with a maximum of 6 daily
trips. There are no facility preparations anticipated or impact on property other than minor grading after the
termination of the lease. City has permitted other entities use of this property in the past and this action is
consistent with prior practice.
City Engineer Wheeler introduced the item and explained the terms of the lease.
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City Commission Regular Meeting
August 16,2005
Commissioner Anderson, seconded bv Commissioner Parker moved to approve.
per staff recommendations. the short-term lease of a 3-acre portion of the Public
Works propertv at 301 Maguire Road to First Class Coach and Equipment
(distributor of Thomas Build Buses). for a three-month period, paving the Citv a
rental fee of $2,000.00 per month, said revenue to be used for improvements to
the Public Works Complex. Motion carried 4-0. with Commissioner Howell awav
from the dais.
I I. STAFF REPORTS
18. Discussion Regarding Commission Chambers
Media/Community Events Manager Elliott)
Commissioner Anderson said he would like to see the websites for the two companies
discussed in the proposal. Multi-Media/Community Events Manager Elliott said she would
forward the internet links to him and the rest of the Commission, and we would bring this
discussion back at the next meeting.
City Manager Frank reminded everyone the second budget workshop IS tomorrow night,
August 17,2005, 7:00 p.m., in the Commission Chambers.
I J. COMMENTS FROM COMMISSIONERS
Commissioner Johnson - said there is not wheelchair access at the intersection of Highway 50
and Blackwood, there is grass between the road and the sidewalk and handicapped people are not
able to get up the sidewalk. City Manager Frank said we will get with DOT to find out why
that was done.
Commissioner Anderson - said he would like to hold a workshop regarding the discussion on
going with ALS services. Chief Firstner said he will need at least a month to prepare.
Commissioner Anderson said the first people on the scene should be able to treat the patient with
ALS measures. Commissioner Johnson said we need to think about where all of the money
will come from because it is very expensive to pay paramedics and buy all of the equipment.
Mayor Vandergrift said possible funding could come from doing our own patient transporting.
Consensus of the Commission was to have Administrative Aide Cowan
coordinate a workshop to be held in October.
Mayor Vandergrift - said resident Eva Black, is interested in selling her property on the comer
of Stark Lake and the Creek. The property needs tree removal and fence repairs. The City
should consider this property as part of the wetland demonstration project. We could enter into a
land contract until we are able to locate grant money to fund the project. Commissioner
Johnson said he has been talking to the owner's son who was going to have his mother write a
letter agreeing to sell the land to the City.
Without obiection, the Commission approved discussions between the Citv
Manager, Citv Attornev. and Commissioner Johnson for the possible purchase of
this propertv alona Starke Lake. iust north of Citv Hall (33 Lakeview Street).
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City Commission Regular Meeting
August 16, 2005
Commissioner Anderson said he would like the City to address the septic tank issue, which is
putting a burden on property owners for the expansion of the highway. He would like the
Commission to take a stand against this in the form of a letter, and also advise them that the City
should have more advance notice in the future.
Commissioner Anderson, seconded by Commissioner Johnson, moved to direct
the City Manager to draft a letter to Orange County addressing the septic tank
issues for approval and signature of the Commission. Motion carried 4-0, with
Commissioner Parker absent.
I ADJOURNMENT
The meeting adjourned at 9:57 p.m.
Attest:
APPROVED:
City of Ocoee
~..~
j .
S. Scott Vandergrift, Mayor
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