Loading...
HomeMy WebLinkAbout04-06-04 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR SESSON HELD APRIL 6, 2004 CALL TO ORDER Mayor Vandergrift called the regular session to order at 7 :20 p.m. in the Commission Chambers in City Hall. Commissioner Anderson led in prayer and Max Jacobs led in the Pledge of Allegiance to the Flag. City Clerk Grafton called the roll and declared a quorum present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were Acting City Manager Williford, Assistant City Attorney Cookson, Assistant to the City Manager Shira, City Clerk Grafton, Building Official Phelps, Community Development Director Wagner, Finance Director Horton, Fire Chief Strosnider, Human Resources Director Diedrich, Parks/Recreation Director Farmer, Principal Planner James, Police Chief Goclon, Public Works Director Wheeler, Deputy Public Works Director Zaitooni, and PEC Consultants Ken Hooper and Stephanie Chang. ABSENT: None PRESENT A TIONS AND PROCLAMATIONS Proclamation - Call Before You Dig Month. (Public Works Director Wheeler) Presentation - Recognition of Janet Shira For Orange County's Mentor of the Year - Dian Hooper. Dian Hooper, Ocoee Elementary School, announced that Janet Shira had been named Orange County's Mentor of the Year, and she listed the many things Mrs. Shira has done to earn that title. Mrs. Hooper expressed appreciation for all that Mrs. Shira has done in the Read2Succeed program and her special contributions in student mentoring. COMMENTS FROM CITIZENS/PUBLIC State Representative Randy Johnson introduced Mayor Vanderley and Louis Rotundo and then reported on the proposed widening of SR 50. He also announced a public meeting at Tanner Hall in Winter Garden scheduled for Wednesday at 5:00 p.m. where the details of the project will be on display. Frances Watts, 43 Shell Key Court, wished all a Happy Easter and announced the Senior Picnic scheduled for April 15. Amy Scott, president of Ocoee Elementary PT A, addressed two concerns: (1) the condition of the sidewalk on Orlando Avenue, and (2) the need to be notified if/when there are dangerous folks in the neighborhood. Acting City Manager Williford said he is already working on this with Chief Goclon and would meet with Principal Johnson to work out the details. Commissioner Parker and Peggy Isaacson announced the Rotary Club plans for the Fishin' Fest April 24 at 9:00 a.m. at Stark Lake. Ocoee City Commission Regular Session April 6, 2004 Mayor Vandergrift announced that Assistant City Attorney Scott Cookson was representing Foley & Lardner at this meeting in Paul Rosenthal's absence. Bob Johnson, 423 Tranquille Oaks, encouraged the Commission to do a diligent search for a City Manager and he volunteered to assist as part of a citizen panel or search team. Jose Iglesias, 400 Misty Meadows Drive, raised several questions regarding items on the consent agenda and made suggestions regarding the City Manager's relationship with the Commission. Billy Flanigan, president of the Homeowners Association for Coventry, 2708 Coventry Lane, asked for help for the illumination of their entry signs. Consensus was reached to direct Deputy Public Works Director Zaitooni to work with Mr. Flanigan and bring back a report. Bill Murray, Orlando Memorial Gardens, addressed the Commission about his firm's offer to the citizens of Ocoee for a discounted rate for cemetery spaces and a veteran's benefit that entitles them to a space in their Patriots section at no cost. He listed other benefits in their program and described the Memorial Garden's location as being on Ingram Road offClarcona- Ocoee Road. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Howell thanked Mr. Skiles for his years of service on the Code Enforcement Board. Commissioner Johnson said he had received an e-mail message from a citizen regarding the intersection at Blackwood/SR50 and he advised her that Deputy Public Works Director Zaitooni would be getting in touch with her. Mayor Vandergrift added that he would like to see the light put up at Blackwood/Old Winter Garden Road, as that is a very difficult intersection. Mr. Zaitooni said that, as part of the reconstruction of Old Winter Garden Road, within the first 90 days there will be a temporary signal installed and later the permanent signal will be put in; but he was trying to expedite that. Discussion of Visioninl! Process and Schedulinl! of Facilitator. (Commissioner Parker) Commissioner Parker asked that Gequita be authorized to move forward with making appointments with Lyle Sumek Associates, Inc. for the elected officials, so that the opportunity to continue the visioning process would not be lost. After a brief discussion, without objection. this direction was given. Commissioner Parker said during the Political Forum the question was raised about water draining directly into Lake Johio. She had asked Mr. Zaitooni to check into it and he has been working with FDOT. They have agreed there is a problem and FDOT will install a system of filters to address that concern. Mayor Vandergrift read an e-mail from Garry Thomas commending the Ocoee Police Force and especially Officer Bill Simon, for the way they handled an incident in which his family was victimized. Mr. Thomas asked that his letter be put in Officer Simon's personnel file. Page 2 of 14 Ocoee City Commission Regular Session April 6, 2004 CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, G, H, I, and J. Commissioner Howell. seconded bv Commissioner Anderson. moved to Dull items D and E for seDarate consideration. Motion carried 4-0. Commissioner Parker was away from the dais. Commissioner Johnson. seconded bv Commissioner Anderson. moved to Dull item B for seDarate consideration. Motion carried 5-0. Commissioner Howell. seconded bv Commissioner Anderson. moved to aDorove items A. C. F. G. H. I and J as oresented. Motion carried 5-0. A. Approval and Acceptance of Minutes of the Canvassine: Board of March 10, 2004, City Commission Ree:ular Meetine: of March 16,2004, and Special Session of March 22, 2004. (City Clerk Grafton) B. This item regarding awnings was pulled for separate consideration. See below. C. Approval and Authorization of $44,995.00 from the Stormwater R & R Funds ($15,750) and the Stormwater Contingency Funds ($29,245) for Final Design and Permitting of the Center Street Stormwater Pond; and Authorize Professional Engineering Consultants (PEC) to Proceed with the Final Design and Permitting. (Deputy Public Works Director Zaitooni) The preliminary/conceptual design of the Center Street ditch has already been completed by PEC and Orange County has acquired the necessary right-of-way for the construction of the stormwater facility. It is anticipated that the design and permitting phase of the project will be completed by the end of the current fiscal year. Funds for the design and permitting are available from the Stormwater R&R Funds and the Stormwater Contingency Funds. D. This item regarding funding of temporary positions was pulled for separate consideration. See below. E. This item regarding Change Order No.4 for Fire Station was pulled for separate consideration. See below. F. Approval and Authorization of the Vulnerability Assessment Services to Hartman & Associates, Inc.; and Authorization for Mayor and City Clerk to Execute the Consulting Agreement for the Vulnerability Assessment Services Between the City of Ocoee and Hartman & Associates, Inc. in the Amount of $24,500. (Public Works Director Wheeler) Staff recommends Hartman & Associates, Inc. as the highest ranked firm and the firm with which they should negotiate a more defined scope of services and cost for those services. Hartman & Associates has estimated that the water treatment system vulnerability assessment will cost $24,500 and will be completed no later than June 30, 2004. This estimated cost is within the budgeted amount projected in this fiscal year's budget. G. Approval and Authorization of Expenditure of Funds in the Amount of $104,225.78 to Pay for the Installation of Permanent Undere:round Electrical Service for the New High School and the Wastewater Lift Station to Progress Energy Florida, Inc. on the Ocoee Crown Point PUD Phase I Infrastructure Project. (Public Works Director Wheeler) The cost of this permanent underground electrical power service is $104,225.78 and needs to be paid up front to Progress Energy Florida, Inc. This expense will be charged to the Ocoee Crown Point project fund. Page 3 of 14 Ocoee City Commission Regular Session April 6, 2004 H. Approval and Authorization for Transfer of Funds from Water Operating- Reserve for Contingency to Water Operating-Capital Improvements to Pay for the Water Main Reoair and Associated Road Repair of Maguire Road; and Authorization for the Expenditure of Funds, in the Amount of $24,982, to be Paid to H.B & Company Service, Inc. for the Water Main Repair. (Public Works Director Wheeler) H.B. & Company Services, Inc, performed work during the night of February 26th on a 12- inch water main under Maguire Road north of SR 50. The cost of the repair was $24,982.00 and since the Maguire Road Project is out of warranty the project will have to be funded from Water Operating- Reserve for Contingency. Funds will need to be transferred into Water Operating- Capital Improvements. I. Approval and Authorization to Waive the Bidding Process for the Transfer of $26,021 from Wastewater R & R to the Wastewater Operating - Capital Improvements Account for the Emen~encv Reoairs to Lift Station #14. (Public Works Director Wheeler) Lift Station #14 located at 1347 Yz Olympia Park Circle has the potential for back-flooding conditions in homes that are in close proximity to its station. The following vendors have provided staff with the most reasonable prices and the best technical solutions to the existing problem: Barney's Pumps, Inc. will provide the pumps and the rail systems at a cost of $18,521.00 and J&H Water Stop Inc. will do the installation at the charge of$7,500.00 for a total cost of $26,021.00. J. Approval and Authorization of Traffic Enforcement A2reement with City of Ocoee and the Wesmere Maintenance Association, Inc.; and Authorization for Mayor and City Clerk to Execute Agreement. The City of Ocoee had previously entered into a traffic enforcement agreement with the Wesmere Maintenance Association, Inc.; the agreement's term was for two (2) years and has expired. Currently there is not an agreement with the Wesmere subdivision. Without the agreement, traffic complaints within the subdivision are going unresolved. Staff recommends the City Commission renew the traffic enforcement agreement between the City of Ocoee and the Wesmere Maintenance Association, Inc. for a term oftwo (2) years. After the recess (below) Mayor Vandergrift asked that staff bring back a report to lengthen this agreement in item J in perpetuity rather than having to negotiate it every two years. Without obiection, this direction was J!iven with the intention to include all other aJ!reements of this nature. Item B. Approval and Authorization of $4,950.00 for Purchase of Awnin2 from Elite Awning, Inc. for City Hall Main Entrance (West Side) and Police Department Main Entrance (South Side); and Authorize Transfer of $4,950.00 from the Public Works, Facilities Maintenance Operating Account 4602 to Capital Purchase Account 6400. (Deputy Public Works Director Zaitooni) Staff received three (3) quotes and recommends Elite Awning, Inc. for the purchase of a 14x16 awning for City Hall main entrance and 10x15 awning for Police Department main entrance. Funds for the purchase of the proposed awnings are available from the Public Works, Facilities Maintenance operating funds (Account 4602). Page 4 of 14 Ocoee City Commission Regular Session April 6, 2004 Commissioner Johnson said in an earlier discussion this Commission had elected to have wood (or hardiboard) awnings, not aluminum, and they were to be the same color as the building. Mr. Zaitooni said he could bring this back at a later date. No action was taken on this item. Item D. Approval and Authorization for Funding of Temporary Positions. Overtime. and Records Retention in the Building Division from Capital Reserve Funds. (Building Official Phelps) The proposed positions are plans examiner, inspector and clerk as required to conduct required inspections and services. It is estimated that an amount of $115,000 should cover such cost for the remainder of this fiscal year. Commissioner Howell asked if the positions are being advertised other than on OGTV and the Web site and whether there was ajob description in place. Building Official Phelps responded yes and that he had been told by Finance Director Horton he should increase the contract amount for PEICO. He asked for authorization to enter into a contract with another company if necessary, as PEICO was slowing down in their response time. He said he had asked for funds from Contingency or such other funds as may be available, that the revenues are corning in to meet this need, but the amount was not budgeted. Mrs. Horton clarified this, saying there was $200,000 to be transferred into a Capital Reserve account and she suggested transferring just $100,000 of that amount to the Building Division and that will not affect the Contingency fund. Commissioner Howell. seconded bv Commissioner Johnson. moved to authorize the eXDenditure of the funds as requested. and to increase the amount of the contract with PEICO (or whatever a2:encv thev Dick). Motion carried 4-1 with Commissioner Anderson voting no. Item E. Approval and Authorization of Change Order No.4 for New Fire Station Building to Wharton-Smith for the Sum of $15,089.22 from Contingency Funds. (Fire Chief Strosnider) During the construction of the new building, items have been added or deleted due to various reasons of construction. Commissioner Howell said he had his questions answered in the conference room by Chief Strosnider, then. seconded bv Commissioner Anderson. moved to aDorove item E as oresented. Motion carried 5-0. RECESS 8:57 - 9:08 P.M. This item was taken out of agenda order. Discussion Re: Update on McKev Street Proiect. (Assistant to the City Manager Shira) Assistant to the City Manager Shira presented an update on the McKey Street project, giving the timeline, and describing some of the specifics of the design. She pointed out the FDOT grant money will not reimburse the City for planters, benches and waste receptacles, and she asked that those be included in the upcoming budget. Mrs. Shira described the mast arms for the Page 5 of 14 Ocoee City Commission Regular Session April 6, 2004 traffic signals and the incentive (reimbursable by FDOT to the City) to be offered to the contractor to finish the project three weeks ahead of schedule. Without obiection, staff was directed to include the street furniture in the upcoming budget and to work with the incentive clause. PUBLIC HEARINGS Second Reading of Ordinances Mae:uire Road Pumpine: Station, Project #AR-04-02-15. (Community Development Director Wagner) Community Development Director Wagner gave the staff report for this project and displayed the details on the overhead. He noted the address of the property is 932 Maguire Road, and it is located just Yt mile north of the intersection of Maguire and Moore-Roberson Roads on the west side of the roadway. The City ofOcoee, as the property owner and the applicant, wishes to build a reclaimed water booster pump station to enhance the use of reclaimed water for irrigation. In addition to the pump station, the rear portion of the site will be used for a reuse water storage tank to be constructed in the future. Both the booster pump facility and the storage tank use are defined as an "essential service( s)" under Subsection 5-7 A. of the Ocoee Land Development Code. The subject property is designated "Professional Offices & Services" on the Joint Planning Area (JP A) Land Use Map. The City of Ocoee, as the applicant, has requested an Ocoee initial zoning classification of "Professional Offices & Services". This initial zoning is consistent with the JP A Land Use Map designation and surrounding properties. Based on the recommendation of the Development Review Committee and the Planning & Zoning Commission, Staff recommends the Mayor and City Commissioners adopt Annexation Ordinance # 2004-06 and Ordinance # 2004-07 establishing the initial zoning ofP-S: "Professional Offices & Services", and the approval of the "essential use" for the booster pump station & reuse water storage tank under Subsection 5-7 of the Ocoee LDC. Ordinance No. 2004-06-Annexation Mayor Vandergrift asked questions to which Public Works Director Wheeler responded. Assistant City Attorney Cookson read the titles only of these ordinances later in the meeting. The public hearing was opened. Jose Iglesias, 400 Misty Meadows Drive, asked about the cost. The public hearing was closed. Commissioner Johnson. seconded bv Commissioner Anderson. moved to adoot Ordinance No. 2004-06 annexin2: this Darcel. Motion carried 5-0. Page 6 of 14 Ocoee City Commission Regular Session April 6, 2004 Ordinance No. 2004-07-Initial Zoning The public hearing was opened. Assistant City Attorney Cookson stated all public comments made regarding the project are carried forward to this public hearing. The public hearing was closed. Commissioner Anderson. seconded bv Commissioner Johnson. moved to adoDt Ordinance No. 2004-07. rezonin2: the Darcel to Professional Offices and Services. Motion carried 5-0. Public Use The public hearing was opened and was closed without further comments added to those brought forward from the previous public hearings. Commissioner Anderson. seconded bv Commissioner Johnson. moved to aDorove the Dublic use of this Darcel. Motion carried 5-0. In2ram Estates, Project #AR-03-12-13. (Community Development Director Wagner) Community Development Director Wagner gave the staff report for this property located at the southeast corner of the McCormick Road and Ingram Road intersection, displaying the details on the overhead. He explained there were a few changes in the annexation agreement regarding turning lanes, rights-of-way, interconnection with other subdivisions, etc., and they were still waiting for one signature on that. The petitioners are requesting R-I-AA (Single Family Residential) zoning for the Lake Tracey and MCO Industries parcels and A-I (General Agricultural) zoning for the Annie D. Gilliam Trust parcel. Ordinance No. 2004-02 - Lake Tracey and MCO Industries Annexation Assistant City Attorney Cookson read the title only of the Ordinance. The public hearing was opened and, as there were no comments, was closed. Commissioner Parker. seconded bv Commissioner Johnson. moved to adoDt Ordinance No. 2004-02. annexin2: the Lake Tracev and MCO Industries Darcels. subiect to the execution of the annexation a2:reement. Motion carried 4-0. Mayor Vandergrift was away from the dais. Ordinance No. 2004-03 - Lake Tracey and MCO Industries Initial Zoning Assistant City Attorney Cookson read the title only of the Ordinance. The public hearing was opened and, as there were no comments, was closed. Commissioner Parker. seconded bv Commissioner Johnson. moved to adoDt Ordinance No. 2004-03. zoninl! the Lake Tracev and MCO Industries Darcels R-1-AA. Sin2:le Familv Dwellin2: District. subiect to the execution of the annexation a2:reement. Motion carried 4-0. Mayor Vandergrift was away from the dais. Page 7 of 14 Ocoee City Commission Regular Session April 6, 2004 Ordinance No. 2004-04 - Annie D. Gilliam Trust Annexation Assistant City Attorney Cookson read the title only of the Ordinance. The public hearing was opened and, as there were no comments, was closed. Commissioner Parker. seconded bv Commissioner Johnson. moved to adoDt Ordinance No. 2004-04. annexin2: the Annie D. Gilliam Trust Darcel. subject to the execution of the annexation a2:reement. Motion carried 4-0. Mayor Vandergrift was away from the dais. Ordinance No. 2004-05 - Annie D. Gilliam Trust Initial Zoning Assistant City Attorney Cookson read the title only of the Ordinance. The public hearing was opened and, as there were no comments, was closed. Commissioner Parker. seconded bv Commissioner Johnson. moved to adoDt Ordinance No. 2004-05. zonin2: the Annie D. Gilliam Trust Darcel A-I. General A2:riculture. subject to the execution of the annexation aQ:reement. Motion carried 4-0. Mayor Vandergrift was away from the dais. Annexation Agreement The public hearing was opened. As no one wished to add any comments to those already brought forward, the hearing was closed. Commissioner Anderson. seconded bv Commissioner Parker. moved to aDorove the Annexation A2:reement. and authorize the Mavor and Citv Clerk to execute the a2:reement on behalf of the Citv. subject to aDoroval bv the Citv Attornev. Motion carried 4-0. Mayor Vandergrift was away from the dais. At this point Mayor pro tem Anderson asked Mr. Cookson to read the titles of Ordinance Nos. 2004-06 and 2004-07 as that had been overlooked earlier. He opened the public hearings again and stated that all comments made during the public hearings would be brought forward and be made a part of these public hearings for those ordinances. Mr. Cookson stated it would not be necessary to restate the motions or vote again on them. Ordinance No. 2004-08 - Revision to City Code Chapter 173, Water and Sewer Adjustments to Utility Bills for Swimming Pools and Water Leaks. (Public Works Director Wheeler) Public Works Director Wheeler gave the staff report, advising this Ordinance was prepared at the direction of this Commission in response to many questions from residents regarding adjustments to water bills. Their concerns had been the initial filling of a swimming pool, new landscaping, plumbing leaks, pressure washing houses/commercial buildings, water/air/heating ventilating and air conditioning systems. Mr. Wheeler said a survey of fellow utilities had shown those that had a policy for adjusting bills did so for swimming pools and water leaks, but not for the other listed concerns. A staff committee had determined this to be a good plan as the others were discretionary use of water. Page 8 of 14 Ocoee City Commission Regular Session April 6, 2004 Mayor Vandergrift said he wished to address consideration for drought conditions, and pro- rating a large bill over a period of time for those who put in new landscaping. Commissioner Parker said she had been meeting with the committee on landscaping and they are making progress. She said she would have no problem with pro-rating. Mr. Wheeler said he would bring something back at the next meeting. The public hearing was opened and, as no one wished to speak, was closed. Assistant City Attorney Cookson read the title only of the Ordinance. Commissioner Howell asked when the decision would be made regarding the kind of grass required as his church was about to place sod. Commissioner Parker said the committee would be meeting April 19 and she hoped to bring something before this Commission soon. Commissioner Parker. seconded bv Commissioner Anderson. moved to adoDt Ordinance No. 2004-08. orovidin{! for adiustments to utilitv bills. Motion carried 5-0. Mayor Vandergrift said he would like to address the next three items as one. Mr. Cookson said procedurally it would be appropriate to listen to the presentation for all, then consider public comments, and make an initial determination of whether this Commission wishes to go with privatization or increase of the rates. Once that determination has been made it would then be appropriate to decide whether to go with Option A or Option B. Deputy Public Works Director Zaitooni said the presentation had been made several times in the past and he had no new information to present; however he would be happy to respond to questions. Privatization of Residential Solid Waste Collection and Disposal (Option A) and Award of the Contract to a Private Hauler. (Deputy Public Works Director Zaitooni) The public hearing was opened. Commissioner Parker read a message from Henry Morgan, 304 South Lakeshore Drive, stating his opposition to privatizing. Commissioner Johnson read an e-mail from Teresa Barr, 109 Brai10ch Drive, in support of Option A (privatizing). Commissioner Anderson read a message from Henry Morgan saying privatization was not on the March 16 meeting and it should not have been addressed at that time. He directed attention to a newspaper clipping he had sent regarding a Florida Recycling Services truck involved in an accident involving children. Page 9 of 14 Ocoee City Commission Regular Session April 6, 2004 Mayor Vandergrift read an e-mail from Garry Thomas, 16 Floral Street, in favor of the rate increase and against privatization. Bill Hoelscher, 604 Roberts Rise Drive, said he felt the Commission should listen to the citizens in the audience and he spoke against privatization and in favor of raising rates. Commissioner Johnson said there are many citizens who have approached him with their opinions and there are a lot of citizens who watch on television who have expressed their opinions, which are not necessarily the same as those expressed by those present in the meetings. Scott Glass, Shutts & Bowen, representing Onyx Waste Services, said it was his understanding that the issue was to corne back before this Commission for a vote and he read a news article regarding Florida Recycling into the record. He displayed a stack of complaints about the service given by Florida Recycling from Oviedo citizens that he had acquired with a public records request, and then read a few of them. He asked this Commission to consider that all these companies have similar circumstances. Sid Vihlen, and Joe Briarton, Florida Recycling, 1099 Miller Drive, Altamonte Springs, 32701, spoke regarding the positive qualities of their company and their bid. Jim Gleason, 856 Hammocks Drive, said this was brought up originally because the City's equipment was in trouble. Then he gave the history of the citizens' discussions in the meetings, from not wanting to lose their green garbage cans, to not wanting to privatize, to asking for a rate increase to keep things as they have been. He said by privatizing this Commission has an opportunity to save the citizens large sums of money, without causing any employees to lose their jobs. Jose Iglesias, 400 Misty Meadow Drive, spoke in favor of Option A. Max H. Jacobs, Jr., 2247 Mountain Spruce Street, said he was concerned with the process, and he spoke in favor of keeping the service in house. Martha Lopez-Anderson, 2438 Alclobe Circle, said she attributes the good service to the fact that 8 of 11 employees are city residents. David Morris, 175 Lansbrook Court, said he is in favor of Option A. He has lived in different areas and has had the service provided by Onyx, Florida Recycling, and Waste Management and has had no problem with any of them. Bill Hoelscher said outsourcing could be good for a lot of services, but careful thought should be given to what was right for the city. Jim Gleason commended Mrs. Lopez-Anderson for her comments and said he feels the sanitation department employees will also do well in their new jobs in the City. Page 10 of 14 Ocoee City Commission Regular Session April 6, 2004 Commissioner Parker thanked all who spoke. She said she called eleven cities and asked the question, "Are you happy with your privatization?" All reported they were pleased and the key was the teeth in the agreement and the oversight of the private company. Commissioner Johnson said Judy Henry and Darrell Dees were the best customer service available anywhere. He said he is willing to go with privatization now, even though he never expected to feel that way. He said the City should be able to contract effectively. Commissioner Anderson thanked Mr. Gleason and Mrs. Lopez-Anderson for their comments. He said he had felt the biggest issue was taking care of the employees and once those fears were addressed the rest fell into place for privatization. Commissioner Howell said he was in favor of keeping the garbage service in house. Mayor Vandergrift said he has had a lot of contact with citizens and they do not want to lose the garbage cans, do not want to privatize, and do not want to increase rates. He asked Mr. Zaitooni what would happen to the mechanics. Mr. Zaitooni said they would be able to take care of other equipment. Mr. Cookson said he had received word today that Onyx would not be able to start service right away. Mr. Zaitooni said that was in response to a question he had sent to all vendors asking whether/when they would be able. Onyx had responded they would need 90 days start-up time. Commissioner Anderson. seconded bv Commissioner Parker. moved to orivatize the solid waste service. Motion carried 3-2 with Mayor Vandergrift and Commissioner Howell voting no. Resolution 2004-05, Modifying Resolution 92-04, Increasing the Solid Waste Rates from $16.00 to $18.25. (Continued/rom March 16, 2004, Commission Meeting). (Deputy Public Works Director Zaitooni) The public hearing was opened. As no one wished to add any comments to those brought forward from the previous hearing, the hearing was closed. Commissioner Johnson. seconded bv Commissioner Anderson. moved to disaDDfove Resolution No. 2004-05. Motion carried 5-0. OTHER BUSINESS Approval and Authorization of Replacement of Two Garba2e Trucks and Authorization and Approval to Complete Purchase of Recycling Truck (currently on hold) from the Replacement and Repair Funds. (Continued/rom March 16, 2004, Commission Meeting). (Deputy Public Works Director Zaitooni) Commissioner Anderson. seconded bv Commissioner Johnson. moved to disaDorove the Durchase of the recvclim! truck. Motion carried 5-0. Page 11 of 14 Ocoee City Commission Regular Session April 6, 2004 Ocoee Commons PUD - Ashton Park - Project #AP-02-02-01 and #AP-002-02-01A. (Community Development Director Wagner) Final Subdivision Plan Community Development Director Wagner gave the staff report, noting that this was the Final Subdivision Plan for the Ocoee Commons PUD and a request for a name change to Ashton Park for the single family portion of the PUD. He said there is a City-funded force main relocation planned and they requested authorization to incorporate that into the FSP plans as an administrative amendment at the time they are finalized. Commissioner Anderson said he had talked with the developer and with citizens in the affected subdivisions and the citizens had requested no vehicle access to Montgomery Road until the certificate of completion is issued. He added a request for the developer to fund one-half of the road tables needed to control speed. Tom Ustler, developer, said he agrees with the requests and would like to incorporate that into their development so they can have their contractors do it all at one time. He said they are working with the City about water/sewer lines as well. Commissioner Anderson. seconded bv Commissioner Johnson. moved to aDorove the Final Subdivision Plan for the Ocoee Commons PUD and Ashton Park. as date stamDed received bv the Citv on March 24.2004. includin2: the name chan2:e for "Ashton Park". Furthermore. that the Citv-funded force main relocation Dlans be Dermitted to be incofDorated into the FSP Dlans as an administrative amendment at the time thev are finalized. that no construction traffic will use Mont2:omerv Road until the comDletion of the oroiect. and the develoDer will fund 50% of the sDeed tables reauired. Motion carried 4-0. Mayor Vandergrift was away from the dais. Forest Lake Estates, Project #AR-2000-05-01. (Community Development Director Wagner) Rescission of Annexation Ordinance No. 2000-28 Rescission of Initial Zoning Ordinance No. 2000-29 Community Development Director Wagner advised the proposed annexation and zoning of this parcel was subject to the execution of an Annexation Agreement that was never signed. Staff contacted the applicant and the owner and they both have given their consent to rescind these ordinances as they do not intend to sign the agreement or proceed with the development. Commissioner Howell. seconded bv Commissioner Anderson. moved to rescind the aDoroval of Ordinance No. 2000-28 and Ordinance No. 2000-29 as recommended bv staff. Motion carried 4-0. Mayor Vandergrift was away from the dais. Ocoee Crown Point PUD Permittin2 Fundin2. (Community Development Director Wagner) Community Development Director Wagner explained there were unexpected and unbudgeted requirements from St. Johns River Water Management District and the Orange County Utility Department and he gave the details, requesting authorizing to proceed. Mavor Vander!!rift. seconded bv Commissioner Parker. stated he was makin2: this motion under duress and moved to aDDrove staff recommendation to authorize Davment of funds from Page 12 of 14 Ocoee City Commission Regular Session April 6, 2004 the SunTrust Line of Credit to VHB to cover orofessional services undertaken with re2:ards to extra Dermittin2: attributable to SJRWMD ($51.975.50) and Oran2:e Countv Public Utilities ($20.000.00): and further. that the addendum to the VHB contract dated March 1. 2004. for Stormwater Mana2:ement Desi2:n ($110.500.00) be authorized to be Daid from the SunTrust Line of Credit. with the understandin2: that the Citv will seek fiftv Dercent (50%) reimbursement for all the above costs from OCPS. Motion carried 5-0. Discussion Re: Settin2 a Workshop Date for Impact Fees. (Acting City Manager Williford) Acting City Manager Williford proposed setting the work session for review of the Impact Fees for April 22. As several Commissioners would be out of town that date, they asked that another date be set. Without obiection, direction was given for staffto contact them to work out an available date. Recommendation for Removal of Kori Mortenson from Education Commission. (City Clerk Grafton) As members of the Education Commission had experienced difficulty achieving a quorum for their meetings they had requested this Commission to remove from the membership list those who have not been attending. Commissioner Howell. seconded bv Mavor Vandere:rift. moved to remove Kori Mortenson from the Education Commission due to attendance concerns. Motion carried 5-0. Commissioner Parker. seconded bv Commissioner Anderson. moved to aDDoint Edward L. Johnson to serve on the Education Commission. Motion carried 5-0. Appointment to Board of Adiustment to Fill Seat of Michael Savino Whose Term Expires May 2005. (City Clerk Grafton) Commissioner Anderson. seconded bv Commissioner Johnson. moved to aDDoint Alternate Member Fred Wilsen to comDlete Mr. Savino's term which ends Mav 2005. Motion carried 5-0. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Parker: 1) Asked for a review of the condition of the Sam Scott Building. Without obiection. Building Official Phelps was directed to do this. 2) Said Gequita Cowan had asked her to present the request from Majicity Foundation, Inc. for a sponsorship for the Unveiling of Dr. Martin Luther King Jr. Highway ceremony scheduled for June 17 at 10:00 a.m. Consensus was to bring it back for the next meeting. 3) Announced the Fishin' Fest April 24 on Starke Lake. Commissioner Johnson: 1) Reported speeders on Lyle Street. Page 13 of 14 Ocoee City Commission Regular Session April 6, 2004 2) Asked if rails could be put on the sidewalk from Sleepy Harbour Condo up to the corner of Lakewood Street to make it safer for the children. Commissioner Howell reported citizens have reported speeders on Phyllis Street and Spring Lake Circle when it is time to pick up children at school. Commissioner Anderson read an e-mail from Doug Nachtsheim, president of Sleepy Harbour Homeowners Association, thanking the Commission for the new road in their subdivision. Mayor Vandergrift: 1) Darius Bieberle, 2705 Coventry Lane, has some ideas about car thefts on his street and would like to share them with Chief Goclon and Public Works. 2) Rick Parks complained of kids playing basketball in the retention pond area of Pinewood Lane and Ocoee Hills Road. ADJOURNMENT The meeting adjourned at 12:26 a.m. Attest: APPROVED: City of Ocoee I '. ~,.",~:., l 1 t~~~ ~J--:tr ~~~ S. Scott Vandergrift, Mayor Page 14 of 14