HomeMy WebLinkAbout03-02-04 Minutes
OCOEE CITY COMMISSION REGULAR MEETING
HELD MARCH 2, 2004
CALL TO ORDER
Mayor Vandergrift called the regular meeting to order at 7: 15 p.m. and led all in a moment of
silent prayer. Frances Watts led in reciting 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 Horton, City Attorney Rosenthal, Assistant to the City
Manager Shira, Building Official Phelps, City Clerk Grafton, Community Development Director
Wagner, Human Resources Director Diedrich, Information Systems Director Ross,
Parks/Recreation Director Farmer, Police Chief Goclon, Principal Planner James, Public Works
Director Wheeler, and Deputy Public Works Director Zaitooni.
ABSENT: None
PRESENTATIONS AND PROCLAMATIONS
Years of Service Award - Ill!!:rid James - 5 Years of Service. (Human Resources Director
Diedrich)
Auxiliary Police Officers Certificate of Appreciation. (Police Chief Goclon)
None present.
COMMENTS FROM CITIZENS/PUBLIC
R.P. Mohnacky, 1820 Prairie Lake Boulevard, discussed garbage trucks that pick up the
garbage cans without the driver exiting the truck and asked questions to which Deputy Public
Works Director Zaitooni responded.
Jose Iglesias, 400 Misty Meadow Drive, asked for clarification regarding different fees and
funds. Commissioner Parker and Acting City Manager Horton responded.
Frances Watts, 43 Shell Key Court, noted the City of Winter Garden has some entertainment
going on all year long and asked why the City did not do the same instead of saving everything
for Founders' Day.
Edward F. Moore, Jr., 3419 Kentshire Boulevard, commented on the City Manager's position.
Commissioners Johnson, Parker and Anderson responded to him.
COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Parker
1) Read a letter from Donald Marcotte, 1508 Lilly Oaks Circle, praising the manner in which
Detective Ogletree followed through on the theft of a skateboard from his garage.
2) Read a letter of appreciation from Pamela Gould, president of Health Central Foundation, for
the $750 given in support of the Foundation's School Nurse Program.
Ocoee City Commission Regular Meeting
March 2, 2004
3) Announced the Big Orange Games scheduled for April 30 and May 1 and the preliminary
fund raiser Golf Toumament March 14 at Green Valley Country Club in Clermont.
Commissioner Johnson announced the English to Soeakers of Other Languages students'
reauest for funds for a Soring Break trio. then moved. seconded bv Commissioner Anderson. to
donate $300.00 to the West Orange ESOL Students. Motion carried 5-0.
Commissioner Anderson announced the West Orange High School Warrior Band golf
tournament at Stoneybrook West Golf Course on Friday, April 23, 2004. Commissioner
Anderson. seconded bv Commissioner Parker. moved to ourchase a foursome in the
tournament. Motion carried 5-0.
Mayor Vandergrift announced the opportunity to vote early at the West Oaks Library during
regular library hours.
EMERGENCY ITEM - REQUEST FROM MR. GLEASON TO CHANGE PUBLIC
HEARING DATE.
Mayor Vandergrift declared this to be an emergency item at the request of Special Counsel
Susan McKenna.
Special Counsel McKenna directed attention to a request from Mr. Gleason to reschedule the
public hearing set for March 4.
Commissioner Parker. seconded bv Commissioner Johnson. moved to change the date of the
oublic hearing to March 10. Motion lost 2-3 with Mayor Vandergrift, Commissioner Anderson
and Commissioner Howell voting no.
EMERGENCY ITEM
TEMPORARY ELECTRICAL SERVICE PROPOSAL WITH PROGRESS
ENERGY/OCOEE CROWN POINT PUD PHASE I INFRASTRUCTURE PROJECT
Mayor Vandergrift declared this to be an emergency item at the request of Public Works
Director Wheeler.
Public Works Director Wheeler gave the staff report for this request for approval of the
expenditure of funds to pay for the installation of temporary overhead electrical service for the
new high school and the wastewater lift station to Progress Energy Florida, Inc. on the Ocoee
Crown Point property. The cost ofthe service is $9,904.89 and will be charged to the Ocoee
Crown Point project fund.
Mavor Vander!!rift. seconded bv Commissioner Anderson. moved to aoorove the exoenditure
of the $9.904.89 to Progress Energv Florida. Inc. with directions to oroceed as exoeditiouslv as
oossible in oroviding the temoorarv electrical service to the new high school and wastewater lift
station: and further to authorize staff to negotiate with the Orange Countv Public Schools for a
reimbursement of these costs because this exoense is for the accelerated schedule being imoosed
for the new high school. Motion carried 5-0.
CONSENT AGENDA
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Ocoee City Commission Regular Meeting
March 2, 2004
The consent agenda consisted of items A, B, C, U, and E.
Commissioner Anderson raised a question about item E as he believed it was approved at a
previous meeting. Without obiection item E was pulled from the consent agenda.
City Attorney Rosenthal modified the staff report on item D, which is the approval of the
distribution easement with Progress Energy Florida, Inc., by adding "with such additional
revisions as may be approved by the Director of Public .W orks and the City Attorney" as that is a
draft document in the file and there are some revisions being made to make sure it is only for
underground utilities.
Mavor Vander!!rift. seconded bv Commissioner Parker. moved to aoorove items A. B. C. and
D of the consent al!enda subiect to the remarks made above bv the Citv Attornev for item D.
Motion carried 5-0..
A. Approval and Acceptance of Minutes of City Commission Regular Meeting of
February 17,2004. (City Clerk Grafton)
B. Approval and Authorization of Renewal of FDOT Memorandum of Agreement,
Contract # AL454. State Job # 244298-1-72-05 and Authorization for Mayor and
City Clerk to Execute Renewal Agreement. (Deputy Public Works Director
Zaitooni)
This renewal will replace the existing contract, which will expire April 30, 2004, with
FDOT for routine maintenance of State right-of-ways in the amount of$37,237.55.
This amount represents a 3% increase from the previous contract period.
C. Quarterlv Financial Report-First Quarter Fiscal Year 2004. (Finance
Supervisor Carter)
This report covers activity for the period October 1, 2003 through December 31, 2003
and revenues are being collected as anticipated for all funds. Expenditures are being
closely monitored and are within expected ranges.
D. Approval and Authorization for Mayor and City Clerk to Execute Distribution
Easement with Proeress Ener2V Florida. Inc. for Underground Facilities on the
Ocoee Crown Point Property. (Public Works Director Wheeler)
Under the provisions of the Land Development Code, all utilities within new
developments are required to be placed underground. For the Ocoee Crown Point
property, the project was designed following the Ocoee Land Development Code for
underground utilities.
Item E was pulled from the agenda.
Eo Appnn'al aBd AuthorizatioB of the KaBe FurBiture AmeBdmeBt to DeelaratioB
of EasemeBts aBd }1uthorizatioB for Mayor aBd City Clerk to Exeeute.
(AssistaBt City .A...ttorBey CooksoB)
Kane Furniture requests an .^unendment to its Declaration of Easements modifying
section 20 of the Declaration regarding the eff-ectiveness of the Declaration for
issuance of a certificate of occupancy for Kane Furniture by .^...pril 21, 2001. This
.^..mendment provides that the subdivision infrastructure either be started by .^..priI21,
2001, or completed by .^..priI25, 2005. The City Planning Department has revie\yed
and supports the .^..mendment.
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Ocoee City Commission Regular Meeting
March 2, 2004
Mayor Vandergrift announced item VII B - Kohlmeier-Kelly Variance was an advertised
public hearing and would be considered immediately following Resolution 2004-03.
PUBLIC HEARINGS
Resolution 2004-03 - SunTrust Line of Credit Increase. (Finance Supervisor Carter)
Mayor Vandergrift left the dais and was not present through the presentation and
consideration of this item.
City Attorney Rosenthal read the title only of the Resolution approving the proposed funding to
increase the line of credit with Sun Trust Bank for the Coca-Cola property (Crown Point).
Finance Supervisor Carter gave the staff report advising they had moved forward with
financing for additional construction needed for utility lines, etc. as directed at an earlier
meeting.
The public hearing was opened.
R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked for clarification. City Attorney
Rosenthal explained it was for the extension of the road and infrastructure improvements from
the Westyn Bay project into Ocoee Crown Point PUD, so there would be a road and utilities for
the new high school.
Jose Iglesias, 400 Misty Meadow Drive, asked if there were any water and sewer lines involved.
City Attorney Rosenthal responded this expenditure was not being paid by the water or sewer
charges to consumers, because the City owns this project and is paying for it just as a private
developer would pay for it. Therefore, this has no impact on the water and sewer rates.
The public hearing was closed.
Commissioner Parker. seconded bv Mavor nro tem Anderson. moved to adoDt Resolution
No. 2004-03 increasin2: the line of credit with Sun Trust Bank. Motion carried 4-0. Mayor
Vandergrift was away from the dais.
Kohlmeier - Kellev Variance. (Principal Planner James and Building Official Phelps)
City Attorney Rosenthal read the title on the case.
Principal Planner James gave the staff report, advising this variance application is to permit a
driveway to continue to encroach a two-foot side-setback required for residential driveways.
Mr. James displayed details on the overhead and explained the circumstances surrounding the
case, including the history of appearing before the Code Enforcement Board, putting in the
driveway without applying for a permit, applying for the variance, requesting a waiver of the
fees, (denied by this Commission December 3,2003), and appearing before the Board of
Adjustment, where that Board found the criteria for a variance had not been met, so
recommended denial of the variance. Mr. James said staff concurred with the Board of
Adjustment findings and recommended that the case be referred back to the Code Enforcement
Board to proceed with whatever action is necessary to correct this code violation.
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Ocoee City Commission Regular Meeting
March 2, 2004
Richard Kohlmeier, 465 Meadow Sweet Court, said he did his driveway just like his neighbors
and no one has complained, that he had also provided a drain (which others had not done). He
added a neighbor had appeared at the Board of Adjustment public hearing to vouch for him, as
his driveway was like everyone else's in the neighborhood and did not offend anyone.
The public hearing was opened.
Commissioner Johnson commented the fence was illegal as well, and Commissioner Howell
advised the fence had been cut down. Discussion ensued regarding what was permitted and not
permitted with fences.
The public hearing was closed.
After general discussion, during which questions from the Commission were directed to Mr.
Kohlmeier, concern was expressed that approving this request might send the wrong message to
the citizens - that following the written rules was not necessary. Commissioner Parker asked if
the extenuating circumstance that all the neighbors had similar driveways was enough not to
make everybody's circumstance extenuating. City Attorney Rosenthal opined that identifying
an extenuating circumstance could be what Commissioner Parker had just described, the pre-
existing condition of the driveways being up to the property line, in order to be consistent with
the neighborhood to that extent if there are other places in the City where similar conditions
exist, they could come in and make the same argument. They would have to go through the
same vanance process.
Commissioner Anderson. seconded bv Commissioner Howell. moved to anorove the variance.
Motion carried 4-1 with Commissioner Johnson voting no.
OTHER BUSINESS
MVP Nehzhborhood Matchine: Grants. (Assistant to City Manager Shira)
Assistant to the City Manager Shira said this program is growing in popularity and, as there
were 13 applications totaling $30,650. in requests, she had put together a staff committee to work
out the way to rank the requests and make a recommendation to distribute the $20,000 budgeted
for this purpose. She listed the criteria used by the committee and the committee's
recommendations. Ms. Shira said some of the applications what were not recommended came
to be in that category because it was unknown whether permitting was available or appropriate
for the project. Most of the applicants were present in the audience.
The first applicant to speak was Nicholas Pagano, 201 Olympus Drive, speaking for Lake
Olympia Club. Their application had been turned down because part of the request was for an
item that should have been considered in their maintenance budget and, for the other part, the
pond was not designed as a wet pond. They had agreed with the committee that a portion of the
request did not meet the criteria and so they had removed that portion, but still wished to be
considered for providing a floating, lighted fountain in the retention area on Tract A, as the pond
has water in it all the time. When asked whether this could be corrected, Deputy Works
Director Zaitooni responded there may be an engineering issue preventing the water from
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Ocoee City Commission Regular Meeting
March 2, 2004
draining out or percolating as it should. He said if it has not been the cause of any flooding it
would be possible to permit the fountain to be installed, and he could check it out.
Mavor Vander!!rift. seconded bv Commissioner Anderson. moved to direct staffto look into
this retention oond and see if it is suitable to make drv or suitable to leave wet and reoort back to
this Commission. Motion carried 5-0.
Patrick Spikes, Temple Grove Estates, 2658 Grey Wall Avenue, described their project of
creating consistency in their two entranceways.
Commissioner Parker. seconded bv Commissioner Anderson. moved to aoorove staff
recommendation for the awards. The vote taken at the end of the discussion and followin2: all
the amendments was 4-1 in favor of the motion as amended. Commissioner Anderson voted no.
Commissioner Parker. seconded bv Commissioner Howell. moved to amend the motion to add
$1.000 from contin2:encv for the si2:na2:e and landscaoin2: for Temole Grove. Motion carried 5-
Q.
Dian Hooper, Ocoee Elementary School, 400 South Lakewood Avenue, expressed appreciation
for this program and explained they were serving the entire City of Ocoee using these funds for
children that would otherwise be home alone. She asked for the amount awarded to be increased
to the total available.
Commissioner Anderson. seconded bv Commissioner Parker. moved to amend the staff
recommendation to include an additional $500 for Ocoee Elementarv School. Motion carried 5-
Q.
Elizabeth Ervine, Sleepy Harbour Condos, said the permit is in place for their application and
she expressed appreciation for the program.
Leonarda Richardson, Richfield Homeowners Association, asked for an increase in their award
to help them replace the fence between Richfield and Coventry.
Commissioner Parker. seconded bv Commissioner Anderson. moved to increase this award
from $1.350 to $2.500. Motion carried 5-0.
At this point Commissioner Johnson interrupted the procedure and made the following
motion. A recess was called from 9:15 to 9:25 p.m. before the vote was taken
Commissioner Johnson. seconded bv Commissioner Parker. moved to amend the main
motion to orovide fundin2: for the total amount of $30.650 requested with the orovision that
nothin2: that could not be done would be included. with the additional amount of $l 0.650 comin2:
from contin2:encv funds. Motion carried 4-1 with Commissioner Anderson voting no.
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Ocoee City Commission Regular Meeting
March 2, 2004
Commissioner Johnson. seconded bv Commissioner Parker. moved to raise the total for the
MVP Awards line item in next vear's bud~et to $30,000. Motion carried 4-1 with
Commissioner Anderson voting no.
Before the final vote was taken there was discussion regarding whether the applicant needed to
be present during the award process, with Commissioner Anderson speaking in favor and
Commissioner Johnson against the need.
Max Bruton, Ocoee Little League, was present to request the total amount and was advised that
had been taken care of.
Debra Booth, 917 Bloomington Court, asked at what point the petitioners were advised their
petitions were insufficient. Ms. Shira responded they were advised at the mandatory workshop
they would not receive notice but would be judged on the submission.
F. This item was taken out of agenda order as it was an advertised public hearing
but had been placed in the wrong section of the agenda. See above.
Public Works Requests. (Deputy Public Works Director Zaitooni)
Reallocation of FY 2003-2004 Budgeted Funds in the Amount of $59,000 for Paving of Lyle
Street, Lee Street/Kissimmee Avenue, California Avenue, and Miscellaneous Intersection
Improvements at A.D. Mims Road and Beech Center.
Authorization of Ranger Construction Industries, Inc. to Perform Work.
Deputy Public Works Director Zaitooni gave the staff report describing the reallocation of
funds requested to accomplish some much needed paving. He pointed out Ranger Construction
Industries, Inc. was the lower of the only two binds received for the job.
Commissioner Johnson. seconded bv Commissioner Anderson. moved to aDnrove the
reallocation of FY2003-04 bud!!eted funds for Davin!! of Lvle Street. Lee Street/Kissimmee
Avenue. California Avenue. and miscellaneous intersection imnrovements at A.D.Mims Road
and Beech Center and authorize Ran!!er Construction Industries. Inc. to Derform the reauired
work.. Motion carried 5-0
Discussion: Status ofFDOT's Highway Lighting Projects on Silver Star Road (438) and
West Colonial Drive (SR 50). (Deputy Public Works Director Zaitooni)
Deputy Public Works Director Zaitooni gave the staff report on Silver Star Road (438),
displaying details on the overhead. He said the current agreement with FDOT is still good, funds
have been allocated by FDOT and they will pay for initial capital costs up to $316,000. He
described the difference between the standard and decorative lighting.
Mavor Vander!!rift. seconded bv Commissioner Johnson. moved to mix and match the
li!!htin!! and !!et it done as soon as Dossible. Motion carried 5-0.
Mr. Zaitooni then reviewed the lighting available for West Colonial Drive (SR 50) and
recommended staying with the standard.
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Ocoee City Commission Regular Meeting
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Commissioner Johnson. seconded bv Commissioner Anderson. moved to stav with the
standard lie:htine: for SR 50. Motion carried 5-0.
Selection of Actin2 City Mana2er. (Human Resources Director Diedrich)
Human Resources Director Diedrich reported Mr. Simmons did not want to submit just one
name and had sent 5 names of Range Riders who are available: Charles Saddler, Hugh Williams,
Kames Coleman, David Sallee, and Eugene Williford.
Mavor Vander!!rift. seconded bv Commissioner Johnson. moved to continue this item to the
Soecial Session scheduled March 4. Motion carried 5-0.
Discussion Re: Citizens Appointment to Ax the Gridlock Study Committee. (Mayor
Vandergrift)
Mayor Vandergrift said a citizen is needed to represent the City on the Ax the Gridlock Study
Committee and he suggested appointing Rob. McKey. Commissioner Johnson said Debra
Booth would also like to do this. Commissioner Anderson said Rosemary Wilsen would be
interested as well. Without objection this item was put forward to the March 16 agenda and
those interested were asked to submit their background information.
Proposed Burial of Overhead Electric Lines on McKey Street by Progress Energy. (Deputy
Public Works Director Zaitooni)
Deputy Public Works Director Zaitooni gave the details of accomplishing the burial of
overhead electric lines on McKey Street and said he was not asking for additional funds, as by
rearranging some ofthe grant money, his department would find the $40,000 needed up front;
however he did need direction to give Progress Energy to move forward with the design if this
should be the wish of the Commission.
Commissioner Johnson. seconded bv Commissioner Parker. moved to aODfove the reauest
and direct Proe:ress Enere:v to draw uo the olans. Motion carried 5-0.
STAFF REPORTS
Response to Mayor Vandergrift's Question Regarding Permitting. (Building Official
Phelps)
Building Official Phelps distributed a handout showing statistics regarding permits issued,
inspections accomplished, and permit revenues. He responded to Mayor Vandergrift's comment
at the last meeting regarding the amount of work done vs what was done in the City of Winter
Garden.
COMMENTS FROM COMMISSIONERS
Commissioner Parker said in the past Commission had requested a report and an ordinance on
the cost of filling a swimming pool, etc. and she wanted to add to that when someone has a big
leak, documented by a plumber, they be given consideration as well. City Attorney Rosenthal
said that ordinance had been delivered to staff this week. Acting City Manager Horton said a
report would be ready by the next meeting.
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Ocoee City Commission Regular Meeting
March 2, 2004
Commissioner Johnson
1) Reported that WalMart is letting trees die and their plants are not watered, trash is not picked
up. Building Official Phelps said Code Enforcement has already called on them.
2) The trees on one side of the street are dead on the road towards ThorneBrooke. Community
Development Director Wagner said Commission would need to authorize staff to install
irrigation. Public Works Director Wheeler said they would check into it.
Commissioner Anderson said there is a rash of signs everywhere (not campaign signs).
Building Official Phelps said he has been talking about having an inspector work weekends to
work on signs.
Commissioner Howell
I) Asked what Onyx charges for picking up extra waste, as his mother was charged $45 and he
felt that was too much. Mr. Wheeler described the procedure used to make the decision for the
charges; i.e., that a picture is made and the price is set by our Solid Waste Supervisor after seeing
the picture and checking out the site.
2) Announced March 9 is Election Day.
3) Advised all about the opportunity to vote early at all Orange County Libraries.
4) Again expressed heartfelt sympathy for Martha Lopez-Anderson and her family, and said our
prayers are with her.
Mayor Vandergrift asked if Arbor Day is to be celebrated and, if so, he wished to be notified in
time to take part in the ceremony. Parks/Recreation Director Farmer said it is planned and he
would get the information to him.
ADJOURNMENT
The meeting adjourned at 10:44 p.m.
Attest:
APPROVED:
City of Ocoee
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