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HomeMy WebLinkAbout02-03-04 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD FEBRUARY 3, 2004 CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:45 p.m. in the Commission Chambers. Pastor Gary Howell, Glad Tidings Assembly, led in prayer and Frances Watts led 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 City Attorney Rosenthal, Assistant to the City Manager Shira, Building Official Phelps, City Clerk Grafton, Community Development Director Wagner, Fire Chief Strosnider, Assistant Fire ChiefFirstner, Human Resources Director Diedrich, Information Systems Manager Ross, Police Chief Goclon, Public Works Director Wheeler, Deputy Public Works Director Zaitooni, and Senior Planner Willman. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Presentation of "Golden 30" Award to the City - presented by Kurt Heyman, Preferred Government Insurance Trust and John Berner, Brown and Brown, Inc. Human Resources Analyst Debbie McDonald accepted the Award on behalf of the City. Police Department Volunteer of the Year Award Brian Harris- Police Chief Goclon Immediately following Chief Goclon's announcement and introduction of Brian Harris as Police Department Volunteer of the Year, Officer Maroney introduced the Explorers and displayed pictures of their accomplishments over the past year. They are: Sharlene Flener, Shauna Prince, Anna Castillo, Mike Ball, Sunshine Lima, Brian Harris, Acting Captain, Harrison Grogan, Acting Lieutenant, and Joey Martin, Acting Sergeant. Also part of the group but unable to attend were Alaric Clay, Marysol Aldaba, Mario Cruz, and Mike McMiller, Acting Sergeant. Fire Department Promotions - Fire Chief Strosnider Fire Chief Strosnider invited Assistant Fire Chief Firstner and Support Division Chief McNeil to assist in the promotion ceremony and as they presented each person with hislher emblems indicating their new rank they introduced the following: Battalion Chiefs - Frank Carlsson, Amy Fulmer, and George Ledford; Lieutenants - Tim Hoover, Jonathan Mieras, and David Whitaker; Engineers - Bruce Bennett, Ruth Bicchieri, and Bradley Shanks. Immediately following the presentations Mayor Vandergrift called a recess so that all could take advantage of this photo opportunity. RECESS 8:10 - 8:21 P.M. Commissioner Johnson did not return to the dais after the recess. State of the City Address - Mayor Vandergrift The State of the City address was a 30 minute video with Mayor Vandergrift hosting and City officials reporting on the progress made in the past year. Ocoee City Commission Regular Meeting February 3, 2004 COMMENTS FROM CITIZENS/PUBLIC Frances Watts, 43 Shell Key Court, expressed her displeasure that the street crossing guards were again omitted from the State of the City Address. Mrs. Watts expressed sympathy to Parks/Recreation Director Farmer in the loss of his father, announced the Sadie Hawkins Day dance scheduled for February 13, and announced Kim Campbell has passed the real estate school test. John Linebarier, 1308 Center Street, asked the Commission to look again at the contracts for garbage privatization, as he has compared Ocoee's present service with some he has seen and is not in favor of privatization. Jose Iglesias, 400 Misty Meadow Drive, stated there was not enough notice given to the citizens about the Special Session scheduled for 6:30 tonight. Staff responded the notice met the requirements of the Charter as it was posted on the bulletin board on Friday afternoon as soon as the meeting was called and on the website at that same time. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker announced the Black History Awareness Month program scheduled for February 23 at 7:00 in the Commission Chambers. Mayor Vandergrift said it was a tradition for him to conduct marriages at the Gazebo on Valentine's Day, February 14 and any interested parties should contact him. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, and E. Commissioner Howell. seconded bv Commissioner Anderson. moved to aonrove the consent alZenda as oresented. Motion carried 4-0. Commissioner Johnson was away from the dais. A. Approval and Acceptance of Minutes of City Commission Regular Session of January 20,2004. (City Clerk Grafton) B. Approval and Authorization for Mayor and City Clerk to Execute Final Plat of Kensine:ton Manor Subdivision. (Public Works Director Wheeler) This plat consists of 127 single-family units located on the southeast comer of the intersection ofW. McCormick Road and future Clarke Road and abutting the north and northwest shores of Trout Lake. All required documentation pertaining to the platting of this phase has been reviewed and approved by City Staff. The Performance Bond posted for Kensington manor has been amended to include Phase II, since site improvements for Phase I are mostly complete. This bond is in the amount of$633,120.14, however, the estimate to complete Phase II is only $346,267.30. 1. Approval and Authorization for Mayor and City Clerk to Execute Agreement for Kensine:ton Manor Developers and Homeowners Association for Upgraded Street Lights. (Public Works Director Wheeler) The developer and/or the Homeowners Association have agreed to pay the additional amount of money that exceeds what the City of Ocoee normally pays for street lighting in order to install upgraded street lights. C. Authorize Payment to Sprint for the Replacement of UPS Unit for Fleet Section Telephone System and Approve Transfer of Funds. (Deputy Public Works Director Zaitooni) 2 Ocoee City Commission Regular Meeting February 3, 2004 Approval of payment to Sprint in the amount of$2,347.00 and authorize transfer of that amount from Solid Waste Contingency Funds (Account 402-10-4900) to Capitol Funds (Account 402-534-40-6400). This will cover the cost of the UPS unit that Sprint replaced due to a malfunction on October 10,2003. D. Reappointment to Citizen Advisory Council Ocoee Police Department (City Clerk Grafton) Victoria Laney's term ended February I, 2004, and she is willing to serve another 3-year term to end February 1,2007. E. Ocoee V Ryan (Maguire Road Improvements Project) Rejection of Offer of Jude:ment. (City Attorney Rosenthal) . Ryan has proposed to the City an alternative settlement and provided and Offer of Judgment in connection therewith. Based on discussions in Closed Session, the Ryan proposal is not acceptable. Staff recommends that the Offer of Judgment be rejected. PUBLIC HEARINGS Second Reading of Ordinance No. 2004-01-Poer Property, Case No. AX-03-12-14. (Community Development Director Wagner) City Attorney Rosenthal read the title only of the Ordinance annexing the Poer Property. Community Development Director Wagner gave the staff report covering this item and the Eleventh Amendment to the Joint Planning Area Agreement next on this agenda, displaying details on the overhead. Mr. Wagner noted the Poer Property is a 29.25 acre parcel located south of the Ocoee Crown Point PUD and west of the West Orange Trail. This parcel was recently purchased by the City ofOcoee and incorporating this land into the PUD is important to the overall development of residential property in the PUD. This parcel is currently outside the City limits and outside of the Ocoee/Orange County Joint Planning Area. Before it can be added to the Ocoee Crown Point PUD, the property must be annexed and moved from the Winter Garden/Orange County JP A to the Ocoee/Orange County JP A. Annexation of the Poer Property will be subject to approval of an Amendment to the JP A Agreement, which is the Eleventh Amendment to date. This Amendment will also include the Richardson Property, which is not within any JPA at this time. The Richardson Property (14.11 acres) is located southeast ofthe Poer Property, between East Crown Point Road and the West Orange Trail. Adding this parcel to the JP A would assure the integrity of any new development at that location, which is the entrance to Ocoee Crown Point PUD. Mr. Wagner said the Development Review Committee and the Planning and Zoning Commission both recommended approval; and staff recommended the City Commission (1) Approve the Eleventh Amendment to the Joint Planning Area Agreement, amending the boundary to include the Poer Property and Richardson Property, and establishing a land use designation for both parcels as "Low Density Residential" on the JP A Land Use Map; and (2) Approve Ordinance No. 2004-01 to annex the Poer Property, subject to the County's approval of the Eleventh Amendment to the lP A Agreement. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Anderson. seconded bv Commissioner Parker. moved to aoorove Ordinance No. 2004-01 annexill!! the Poer Prooertv. Motion carried 3-0 with Commissioners Howell and Johnson away from the dais. City Attorney Rosenthal said the effective date would be tied to the delivery of the JP A Amendment by Orange County. Eleventh Amendment to the Joint Plannine: Area Ae:reement-Poer Property and Richardson Property, Case No. JPA-03-008. (Community Development Director Wagner) 3 Ocoee City Commission Regular Meeting February 3, 2004 City Attorney Rosenthal read the title of the Eleventh Amendment to the JP A and announced all comments made for the annexation ordinance would also be applicable to this Amendment. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Anderson. seconded bv Commissioner Parker. moved to annrove the Eleventh Amendment to the Joint Plannim! Area Ag:reement as nresented. Motion carried 4-0. Commissioner Johnson was away from the dais. OTHER BUSINESS Approval of NPDES Annual Report and Authorization for Mayor and City Clerk to Execute Certification Statement. (Public Works Director Wheeler) Public Works Director Wheeler introduced David Hamstra, Professional Engineering Consultants, who gave a brief staff report, saying the City is 100% in compliance and next year, since the annual report documentation has been severely reduced, the report will be a 5 or 6-page form instead of the book currently required. Commissioner Anderson. seconded bv Commissioner Parker. moved to accent the NPDES Annual Renort as nresented. Motion carried 4-0. Commissioner Johnson was away from the dais. Authorization Mayor and City Clerk to Execute a Contract With Master Site Development, Inc. in the Amount of $2,400,585.00 $2,496.811.50 for the Ocoee Crown Point PUD-Phase I Infrastructure Project. (Public Works Director Wheeler) Public Works Director Wheeler directed attention to the report he had distributed earlier to replace the report in the packet. He said the report on the website was correct but an early draft of the document had been provided and was accidentally used for copying. The figures in the heading of this item and the paper packet were wrong. The correct amount for the contract was $2,496,811.50. Mayor Vandergrift said, as long as it does not interfere with the timeline, he would like to have a meeting with Public Works Director Wagner and Community Development Director Wagner regarding sharing the cost with Orange County as it appeared the City is putting in the lines for the County's school to be serviced with Orange County's water. Mavor Vander!!rift. seconded bv Commissioner Anderson. moved to annrove the Contract with Master Site Develonment. Inc. in the amount of$2.496.811.50 for the Ocoee Crown Point PUD-Phase I Infrastructure Proiect. authorizing: the Public Works Denartment to execute the Notices of Intent to Award and secure executed contract documents. bonds and insurance from the contractor. and authorizing: the Mavor and Citv Clerk to execute the contracts with Master Site Develonment. Inc. at such time as the contract documents are reviewed for comoliance bv staff and leg:al counseL as needed. Motion carried 4-0. Commissioner Johnson was away from the dais. STAFF REPORTS 4 Ocoee City Commission Regular Meeting February 3, 2004 City Attorney Rosenthal directed attention to the approval at the last meeting of the potential condemnation of 7th Avenue, saying there is a survey needed in conjunction with that and staff requests authorization of up to $4,000 from contingency for the survey. Commissioner Howell. seconded by Commissioner Parker. moved to authorize the exoenditure ofuo to $4.000 from contim!ency for the reauested survev. Motion carried 4-0. Commissioner Johnson was away from the dais. Public Works Director Wheeler said the request for qualifications has been sent out for the vulnerability assessment for the water treatment system and an elected official was needed to serye on the selection committee. Without objection Commissioner Parker was appointed to serve in this capacity. COMMENTS FROM COMMISSIONERS Mayor Vandergrift moved to move funds back into the Enterprise Funds and direct the attorney to draw up an Enterprise Fund that no monies would be moved out of that fund without clear authorization from this Commission. Motion died for lack of a second. Mavor Vandere:rift. seconded by Commissioner Anderson. moved to encomoass the downtown area in the CRA that is currently beinQ done. Motion lost 2-2. Commissioner Johnson was away from the dais. Mayor Vandergrift said the water rates were not regarded well by this community and he moved to reduce the water rates by cutting the 3,000 and over from $5.98 per 1,000 gallons to $3.00 per 1,000 gallons. Motion died for lack of a second. Mayor Vandergrift 1. Announced the Black History Awareness Month program February 23 at 7:00 p.m. 2. Congratulated Eatonville on its Hurston Festival. ADJOURNMENT The meeting adjourned at 9:32 p.m. Attest: APPROVED: City of Ocoee If ~~- 'l.i . .~ -,j:2/t /wd'r'~ ..' '. S. Scott Vandergrift, Mayor 5