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HomeMy WebLinkAbout03-18-03 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD MARCH 18, 2003 At 7:00 p.m. the oaths of office were.administered by City Clerk Grafton to Commissioner Anderson, District 2 and Commissioner Parker, District 4. CALL TO ORDER Mayor pro tem Anderson called the meeting to order at 7:15 p.m. in the Commission Chambers. Pastor Ron Cargill, Harvest Ministry of Orlando, led in prayer, and his daughter, Mary Cargill, led in the Pledge of Allegiance to the Flag. City Clerk Grafton called the roll and declared a quorum present. PRESENT: Mayor pro tern Anderson, Commissioners Howell, Johnson, and Parker. Also present were City Manager Gleason, City Attorney Rosenthal, Assistant to the City Manager Shira, City Clerk Grafton, Community Development Director Wagner, Finance Director Horton, Finance Manager Carter, Fire Chief Strosnider, Information Systems Director Ross, Human Resources Director Diedrich, ParksIRecreation Director Farmer, Planning Manager Lewis, Police Chief Goclon, Public Works Director Wheeler, Senior Planner Grimms, and Auditor McDirmit. ABSENT: Mayor Vandergrift PRESENTATIONS AND PROCLAMATIONS Years of Service Awards - Firefighter Edward Bruce Bennett - 10 Years Commissioner Johnson presented the years of service awards to Firefighter Bennett. Fire Chief Strosnider expressed his appreciation for Firefighter Bennett's dedication. Audit and Comprehensive Annual Financial Report for Fiscal Year 2002. - Mr. Elden McDirmit Mr. Elden McDirmit presented the report, saying most cities had experienced a deficit this year, but Ocoee managed the revenues/expenditures very well. He added, however, something must be done in the Water/Wastewater Enterprise Fund as this fund incurred a $774,150 deficit in operations. He cautioned that this is an area that needs attention, as this has been reported in past years and has continued to decline. He said this is noted in the Management Letter and the fund has received an unfavorable rating based on the Auditor General's financial condition assessment procedures. He recommended the City perform a complete analysis of the factors causing the financial decline in that fund including a rate study. He said over-all the City's finances were very healthy and it had been a pleasure working with the Staff. The Christian Service Center - Mrs. Peg MacDonald Mrs. Peg MacDonald, Director Christian Service Center, addressed the Commission regarding support in the form of a $5,000 grant now and also to be put in the annual budget as a line item. Ocoee City Commission Regular Meeting March 18, 2003 Commissioner Johnson. seconded bv Commissioner Howell. moved to 2:rant The Christian Service Center $1.000 with funds to come from the Commission Contin2:encv fund. Motion carried 4-0. Mayor Vandergrift was not present. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, and G. Commissioner Howell pulled item C for separate consideration. Mayor pro tem Anderson pulled item F to table it until April 1 meeting. Commissioner Johnson. seconded bv Commissioner Parker. moved to aoorove items A. B. D. E. and G of the consent a2:enda as oresented. Motion carried 4-0. Mayor Vandergrift was not present. ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE BOARD OF CITY COMMISSIONERS AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL INSTRUCT THE CiTY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEP ARA TEL Y. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of March 4, 2003 and Canvassing Board Meeting of March 12, 2003. (City Clerk Grafton) B. Approval and Authorization for Mayor and City Clerk to Execute Change Order No.1 with Pooley Enterprises for Freedom Park Project. (Public Works Director Wheeler) City Staff in the Public Works Department requested this Change Order to allow for the usage of the reuse pipelines in the Windsor Landings subdivision so that water can be provided to the reuse meter connections as designed and constructed as part of the subdivision's infrastructure. Approval of this item increases the contract amount by $2,505.85, with no extension in contract time, and authorizes the transfer of $1,776.75 from Public Works Water Operating Account to Public Works Capital Improvements to pay for the upgrade of the backflow prevention device to an RPZ type device. C. This item was pulled for separate consideration. D. Approval and Authorization to Piggyback Various Governmental Entities' Contracts for Various Vehicles/Equipment and to Authorize the Lease-Purchase Agreement with Suntrust for Same. (Buyer Tolbert) Staff recommends that City Commission 1) approve piggybacking on the Florida Sheriffs Association and Florida Association of Counties, the State of Florida, GSA, and Orange County Public Schools existing contracts, and 2) authorize staff to secure financing through Suntrust Bank for the vehicles and equipment, and 3) authorize the Mayor, City Clerk, and Staff to execute the lease-purchase documents. E. Quarterly Financial Report - First Quarter Fiscal Year 2003. (Finance Director Horton) This report covers activity for the period October 2002 through December 2002 and reflects a positive financial position overall at a time when other municipalities are realizing budget deficits. F. This item was tabled until Aprill. G. Approval and Authorization for Mayor and City Clerk to Execute Facilities Use Agreement with West Oaks Academy. (Parks/Recreation Director Farmer) Page 2 of 12 Ocoee City Commission Regular Meeting March 18,2003 This agreement is similar to the agreement with Orange County Public Schools for Thornebrooke Elementary School and provides that the City will maintain the West Oaks Academy athletic fields in.exchange for the use of the fields by youth sports leagues in the City during certain periods of time set forth in the Agreement. C. Approval and Authorization for Mayor and City Clerk to Execute Change Order No.3 in the Amount of $9,000.00 with Henderson Wilder for Starke Lake Drainwells Project. (Public Works Director Wheeler) This change order involves additional work setting up the drill rig, cleaning the existing well, installing pollution control devices, replacement of sod as needed, and drilling to a depth that would coincide with the beginning of the upper layer of the Avon Park limestone, also known as the marker bed. Commissioner Howell raised several questions, to which Public Works Director Wheeler responded. Mavor nro tem Anderson. seconded bv Commissioner Johnson. moved to aoorove item C as oresented. Motion carried 4-0. Mayor Vandergrift was not present. THIS ITEM WAS TABLED UNTIL APRIL 1, 2003 AT THE REQUEST OF MAYOR PRO TEM ANDERSON. F. Approval and Authorization to Waive the Bid Process for Laptops for Ocoee Police Department. (Information Systems Director Ross) Staff recommends waiving the City's formal bid process and authorizing Staff to piggyback off the State of Florida Contract 250-000-03-1 for the purchase of 8 Dell Lattitude C840 laptop computers. COMMENTS FROM CITIZENS/PUBLIC Karl Meyer, 2205 Essex Place, expressed his opinion about the recent election. Mrs. Cathy Starn, 408 Kaila Court, asked the City to start a directory of those who go away to this impending war, with the names displayed on OGTV and the website, so that citizens can honor those called into service. Without objection, Mrs. Starn was asked to contact the Community Relations department to implement this "Yellow Ribbon" program. J. Lester Dabbs, Jr., 619 Caborca Court, asked what the auditor's comment was about the travel policy. He was advised the Auditor's recommendation was"... the City strictly enforce its charge policy and consider revoking charge privileges for repeat offenses." Robert Donenfeld, 2600 Coventry Lane, congratulated those just re-elected to office and expressed his views on the current administration and its shortcomings. Mrs. Frances Watts, 43 Shell Key Court, thanked the Commission for the many kindnesses to the senior citizens in West Orange County and stated they would prefer to remain in the Community Center, if given a choice of meeting places. She said, also, that she had checked Page 3 of 12 Ocoee City Commission Regular Meeting March 18, 2003 with the Postal Service and they have sold $27.5M in the breast cancer stamps and she was happy to have played a small part in that drive to support cancer research. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Johnson addressed comments made by citizens regarding the election and current administration, and spoke in support of City Manager Gleason. Commissioner Howell said the bottom line about the current administration was that the City is better off now than it was in the past. He added that citizens have a right to express their opinions in this open forum, and he encouraged all to do so, but to remember to do it with respect to and for others. He announced Pastor Garry Howell and his wife were enjoying a Caribbean cruise, which was a gift from their congregation. Commissioner Parker said she has provided a written evaluation ofthe City Manager each year and those are on file, so Mr. Donenfeld's record in that regard should be corrected. PUBLIC HEARINGS Second Readings of Ordinances. (Community Development Director Wagner) Kent Property - AR-02-07-01 Ordinance No. 2003-11, Annexation City Attorney Rosenthal read the title only of the Ordinance and announced the effective date on the Ordinances for the Kent Annexation and Zoning and the Agreement would be deferred 90 days as the effect is contingent upon the applicant (which is a developer) acquiring title to the property within 90 days of the date of the approval. He added that any comments made for the hearing of this item would apply to the other items for the Kent property as well. Community Development Director Wagner gave the staff report and recommendation. The subject property is located approximately 400 feet east of the intersection of Blackwood Avenue and State Road 50 on the north side of State Road 50. The two parcels together comprise 9.116 acres that are vacant and wooded. These parcels, along with nine other parcels, form an enclave. The applicant has requested an Ocoee zoning classification of C-2 "Community Commercial District." The Development Review Committee added a provision that this property would be prohibited from having automobile sales (new or used), automobile repair, service stations, pawn shops, and convenience stores with gas sales. The Planning and Zoning Commission voted to recommend approval. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Johnson. seconded bv Commissioner Parker. moved to adoot Ordinance No. 2003-11. annexim! the Kent Prooertv. subiect to the execution ofthe Annexation A2:reement. includin2: the chan2:es recommended bv the Develooment Review Committee. Motion carried 4- O. Mayor Vandergrift was not present. Page 4 of 12 Ocoee City Commission Regular Meeting March 18, 2003 Ordinance No. 2003-12, Initial Zoning City Attorney Rosenthal read the title only of the Ordinance and announced that any statements made by Mr. Wagner and/or the public at the previous public hearing would be brought forward to this public hearing. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Howell. seconded bv Commissioner Johnson. moved to adoot Ordinance No. 2003-12. orovidin2: for an initial zonin2: of C-2 "Community Commercial District" for the Kent Prooertv. Motion carried 4-0. Mayor Vandergrift was not present. Annexation Agreement - (Not a Public Hearing) City Attorney Rosenthal announced this is an annexation agreement between Ustler/Fagan, Inc., Ocoee Commons, LLC, Blackwood/50, LLC, and the City of Ocoee. This Agreement relates to the annexation and zoning of the Kent Property and includes the restrictions addressed in Mr. Wagner's presentation and summarized in Mr. Rosenthal's staff report. Commissioner Parker. seconded bv Commissioner Johnson. moved to aoorove the Annexation A2:reement for the Kent Prooertv and authorize execution thereof bv the Mavor and Citv Clerk. Motion carried 4-0. Mayor Vandergrift was not present. Ocoee Commons PUD - AP-02-02-01A Ordinance No. 2003-13 - Annexation City Attorney Rosenthal read the title only of the Ordinance. Community Development Director Wagner gave the staff report which covered the material presented for the entire project. The Ocoee Commons PUD property includes about 67.7 acres located within a County enclave surrounded by the City. A portion of the property is located at the northeast corner of the State Road 50 - Blackwood Avenue Intersection. It also includes land north of State Road 50 and the Kent Property on the east side of Blackwood Avenue, as well as land further to the north across Shoal Creek. Most of the property is currently undeveloped and is covered with orange groves along with some oak trees, as well as a significant wetland area associated with Shoal Creek running through the central portion of the property. Staff recommended adoption of Ordinance No. 2003-13, annexing the Ocoee Commons Property, Project No. AP-02-02-01, subject to execution of the Ocoee Commons PUD Development Agreement. Mr. Wagner said the developer had requested PUD zoning due to the variety of land uses and the numbers of proposed improvements that are to be included in this project. He then displayed the plan on the overhead. He said the first waiver requested (to have one 8 foot sidewalk on one side of the road instead of two 4 foot sidewalks in either side) is no longer requested. The developer requests a waiver regarding Geneva Street paving between California Avenue and Montgomery Avenue as no new lots will access the unimproved right-of-way. A waiver of the 30 foot rear building setback for R-lAA lots to 25 foot rear building setbacks for lots adjacent to Tract A north boundary is also requested. Page 5 of 12 Ocoee City Commission Regular Meeting March 18,2003 Mr. Wagner noted the improvements to Blackwood Avenue at a cost of $300,000 to the developer who will receive $150,000 in impact fee credits. In addition, Mr. Wagner said at the Planning and Zoning Commission public hearing there were residents of Shoal Creek and The Hammocks present who objected to connecting Blue Spruce Drive and Crooked Creek Drive through the new subdivision. They also wanted the minimum living area in the new single family subdivision to be increased to 1,900 or 2,000 square feet. (The Developer has agreed to 1,800 square feet.) The citizens wanted a fence or wall along the rear of the homes that back up to the existing homes. They also wanted the homes to be one- story and wanted them to sell for at least $200,000. Staff recommendation was to approve the PUD with the waivers that were mentioned in Mr. Wagner's presentation, subject to the execution ofthe Developer Agreement and the annexation ofthe property. He said there were some minor inconsistencies to the plan which need to be administratively corrected. The Developer has submitted a preliminary subdivision plan with the same conditions of approval and roadway connections, and the issues previously mentioned would carry forward to the conditions of approval for the preliminary subdivision plan. Staff recommendation was for approval of the plan as presented including the waivers mentioned and the changes, all subject to the approval of the other items on the agenda. Mr. Wagner said there was also a Resolution abandoning and vacating various unimproved public road rights-of-way within the Ocoee Commons PUD, specifically portions of Maine Street, Georgia Street, Geneva Street, Montgomery Avenue and California Avenue and he displayed a map on the overhead. Staff recommendation was to adopt the Resolution subject to the approval of the overall project. City Attorney Rosenthal discussed the Development Agreement, saying it incorporated all of the conditions of approval and addresses the contingency on the developer requiring title to the property within 90 days, so that all of the items would self-destruct if that does not happen. He discussed also the road impact fees. He explained that all of the statements made in any of these public hearings would be carried forward and applied to the other public hearings at this meeting regarding Ocoee Commons. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Johnson said he was not in favor of opening the stub roads; Commissioner Howell agreed. Commissioner Parker said she would not be in favor of opening the stub roads, either, as long as Montgomery Road would be open and the roads are not necessary for safety reasons. Commissioner Johnson added the sidewalk issue also. Later in the hearing Mr. Wagner stated it was staff recommendation to do away with the sidewalks as well. Commissioner Johnson. seconded bv Commissioner Parker. moved to adoot Ordinance No. 2003-13 re2:ardin2: annexation in accordance with staff recommendation. Motion carried 4-0. Mayor Vandergrift was not present. Page 6 of 12 Ocoee City Commission Regular Meeting March 18,2003 Ordinance No. 2003-14 - Initial Zoning City Attorney Rosenthal read the title only of the Ordinance. The public hearing was opened and the following citizens 'addressed the Commission: Rob McKey, 1110 Wineberry Court Jerry Lantz, 808 Rosemist Court Bill Cordell, 851 Hammocks Drive Jay Evans, 567 Safeharbour Drive Norm Reynolds, 853 Hammocks Drive Sean Scott, 648 Butterfly Creek Drive J. Lester Dabbs, Jr., 619 Caborca Court Tom Ustler, president ofUstler/Fagan, the contract purchaser and developer of the Kazaros Property, said he has agreed the single-family portion of the property will be R-IAA minimum with 75 foot wide lots, 9,000 square feet, and to 1,800 square foot minimum for the single-family houses. The houses will start about $200,000 range. The multi-family units will be about 8 units to the acre. As to traffic calming, there is a roundabout on Montgomery and at the four-way crossing there will be pavers or bricks. He said he had designed the roads at staff s request to include connectivity, but would be happy to comply with the Commission's wishes and develop the subdivision accordingly. Mark Frederickson, 623 Highlands, spoke. The public hearing was closed. City Attorney Rosenthal directed attention to a memo from Scott Cookson dated March 18 with a few minor changes to the Plan. Mavor nro tem Anderson. seconded bv Commissioner Johnson. moved to adoot Ordinance No. 2003-14. establishin2: PUD zonin2: and the PUD Land Use Plan for the Ocoee Commons PUD. as date stamoed received bv the Citv on March 12. 2003. includin2: the second waiver as shown on the Waiver Table and the third waiver discussed bv the DRC. and includin2: the chan2:es recommended bv the Plannin2: and Zonin2: Commission. which would include denial of the waiver reauest for the 8 foot sidewalk. such that there would be two 4 foot sidewalks. with the additional followin2: chan2:es made to the PUD Land Use Plan. (1) Revision to the PUD Land Use Plan to eliminate the full-access ooints between the Ocoee Commons PUD and Blue Soruce Drive and the full-access ooint with Crooked Creek Drive and to dedicate access ri2:hts to the Citv of Ocoee alon2: the orooosed lot lines. orovided. however. that there would be a utilitv easement 2:ranted to the Citv in lieu thereof: (2) the dedication of access ri2:hts alon2: the lots which have their rear lots facin2: north onto Geneva Street: (3) addressin2: the comments set forth in the Citv Attornev comments memo: (4) addressin2: in the Plan Revision Sheets. the administrative and technical cham!es reauired bv the Plannin2: Deoartment. subiect to the Citv Commission aooroval of the annexation. subiect to the aoolication ofthe vacatin2: of the several existin2: road ri2:hts-of-wav within the oroiect. and subiect to the execution and aooroval of the Develooment A2:reement. Motion carried 4-0. Mayor Vandergrift was not present. Page 7 of 12 Ocoee City Commission Regular Meeting March 18, 2003 Mayor pro tem Anderson asked Rob McKey, Hammock;s HOA, and Sean Scott, Shoal Creek HOA, to leave the documents showing the votes of their homeowners associations to be a part of the record. Preliminary Subdivision Plan City Attorney Rosenthal said the comments made at the previous public hearings will be carried forward and be a part of the record on the Preliminary Subdivision Plan. The public hearing was opened and, as there were no additional comments made, was closed. Commissioner Howell. seconded bv Commissioner Johnson. moved to aoorove the orooosed Preliminarv Subdivision Plan for the Ocoee Commons PUD as date stamoed received bv the Citv on March 12.2003. includin2: the second waiver as shown on the Waiver Table and the third waiver discussed bv the DRC. and includin2: the chan2:es recommended bv the Plannin2: and Zonin2: Commission. and further directin2: that the Preliminarv Subdivision Plan be revised so as to be consistent with the additional chan2:es made bv the Citv Commission to the Ocoee Commons PUD Ordinance. includin2: the revisions to eliminate. includin2:. but not limited to. the revision to eliminate the full-access ooints between the PUD and Blue Soruce Drive and Crooked Creek Drive. but orovidin2: for a utilitv easement thereon. and further subiect to aooroval ofthe aoolication for the vacation of the existin2: road ri2:hts-of-wav within the oroiect and further subiect to the execution and aooroval of the Develooment A2:reement. Motion carried 4-0. Mayor Vandergrift was not present. Resolution No. 2003-11, Right-of-Way-Vacation of Portions of Maine Street, Georgia Street, Geneva Street, Montgomery Avenue and California Avenue. City Attorney Rosenthal read the title only of the Resolution. The public hearing was opened and, as there were no additional comments made, was closed. Mavor nro tem Anderson. seconded bv Commissioner Parker. moved to adoot Resolution No. 2003-11. abandonin2: and vacatin2: oortions of Maine Street. Geomia Street. Geneva Street. Mont2:omerv Avenue and California Avenue. subiect to aooroval of the annexation. the PUD Land Use Plan. the Preliminarv Subdivision Plan. and subiect to execution and aooroval of the Develooment A2:reement. Motion carried 3-0. Mayor Vandergrift was not present and Commissioner Howell was away from the dais. Development Agreement - (Not a Public Hearing) City Attorney Rosenthal announced this Development Agreement includes a road impact fee credit of $150,000 to the Developer upon the issuance of Certificate of Completion for Blackwood Avenue improvements subject to the terms and conditions set forth in the Development Agreement. Based on the actions taken by this Commission on other items there would need to be revisions to the Condition of Approval exhibits in the Development Agreement. Mavor nro tem Anderson. seconded bv Commissioner Johnson. moved to aoorove the Ocoee Commons PUD Annexation and Develooment A2:reement with the condition of aooroval set Page 8 of 12 Ocoee City Commission Regular Meeting March 18, 2003 forth therein bein2: revised to be consistent with the orevious action taken bv the Citv Commission in connection with the aooroval of the Ocoee Commons PUD and makin2: such other chan2:es as necessarv to be consistent therewith and authorizin2: execution thereof bv the Mavor and Citv Clerk. Motion carried 3-0. Mayor Vandergrift was not present and Commissioner Howell was away from the dais. Bill Fagan, with Ustler/Fagan, Inc., complimented staff on the way they looked out for the City. OTHER BUSINESS Occupational License Classification and Revenue Report. (Community Development Director Wagner and Finance Director Horton) Community Development Director Wagner reported, in response to Mayor Vandergrift's request at the last meeting, the amount collected from Orange County for occupational licenses for fiscal year 2002 was $31,601, which, added to Ocoee's licenses totaling $369.787, brought the total to $401.388. Mr. Wagner said staff recommended raising the occupational license rates by 5%. Mavor nro tem Anderson. seconded bv Commissioner Johnson. moved to aoorove staff recommendation with resoect to the orooosed 5% increase in the occuoationallicenses. directin2: staff to brin2: back an ordinance to the Citv Commission and further directin2: staff to look at the ootential for automaticallv increasin2: occuoationallicenses based on the cost of livin2:. subiect to statutorv restrictions. and to incoroorate that into the ordinance to the extent allowed bv the statute. Motion carried 3-1 with Commissioner Howell votin2: no. Mayor Vandergrift was not present. Waiver of Variance Application Fee for Mr. And Mrs. Milton. (Community Development Director Wagner) Community Development Director Wagner gave the history ofthis item and recommended waiving the application fee for a variance in this case. Commissioner Johnson. seconded bv Commissioner Howell. moved to waive the aoolication fee for Mr. and Mrs. Milton for a variance. Motion carried 4-0. Mayor Vandergrift was not present. Parks and Recreation Bond Issue Survey. (Parks/Recreation Director Farmer) Parks/Recreation Director Farmer gave the staff report and recommendation to authorize staff to conduct a survey of the residents to determine their opinions on Parks and Recreation needs and priorities. Commissioner Howell stated for the record that he had received many comments about the Commission supposedly raising taxes for a $20M bond and, in order for that to happen, it would have to go before all the citizens to vote on. He wanted all to know this survey was just a questionnaire which would give the Commission and staff direction. Commissioner Johnson said the calls were due to misinformation put out on a political flyer and that this survey should go out to see what the people need. Page 9 of 12 Ocoee City Commission Regular Meeting March 18,2003 Bill Winsemann, 2701 Coventry Lane and Brad Campbell, 2706 Springfield Drive, addressed the Commission regarding the survey. Mavor nro tem Anderson. seconded bv Commissioner Johnson. moved to authorize staff to conduct a survev of Citv of Ocoee residents to determine their ooinions on Parks and Recreation needs and oriorities. Motion carried 4-0. Mayor Vandergrift was not present. Report on Water/Wastewater Late Fees. (Finance Director Horton) Set Date for Work Session Without obiection. Gequita Cowan was directed to coordinate a date with the Commission for this Work Session. Board Appointments. (City Clerk Grafton) Parks/Recreation Advisory Board - Rosemary Wilsen had resigned to run for office. Commissioner Johnson said he wants to get someone from District 3 to fill this vacancy. Without obiection. this item was tabled until the April 1 meeting. Planning and Zoning Commission Pat Bond and Darlene Rhodus - Terms End April 2003. Commissioner Johnson. seconded bv Mavor nro tem Anderson. moved to reaoooint Pat Bond and Darlene Rhodus to another three vear term. with terms endin2: Aoril 2006. Motion carried 4- Q. Mayor Vandergrift was not present. CACOPD - There are six applicants for two openings. Mavor nro tem Anderson. seconded bv Commissioner Johnson. moved to aoooint Rickv Osborne and Dou2:las Reece to serve three vear terms. with terms endin2: Februarv 1. 2006. Motion carried 4-0. Mayor Vandergrift was not present. Construction Board of Adjustment and Appeals - (5 member board was established in early 2002, but only one application had been received until recently.) Commissioner Howell. seconded bv Commissioner Parker. moved to aoooint James Flemin2: for a 3 vear term to end Aoril1. 2006. Danniel Petro for a 2 vear term to end Aoril1. 2005. and Jav Dice2:lie for a 2 vear term to end Aoril1. 2005. Motion carried 4-0. Mayor Vandergrift was not present. Award Bid for Ocoee Main Fire Station to Wharton-Smith, Inc. for the Amount of $2,422,400.00 and Authorize the Mayor and City Clerk to Execute the Contract with Wharton-Smith, Inc. and Waive All Impact Fees (with the Exception of Sewer and Water Impact Fees), Building Permits and Inspection Fees. (Fire Chief Strosnider) City Attorney Rosenthal advised there was a court reporter present for this item. Fire Chief Strosnider gave the staff report and recommendation. Michael Haire, representing P & L, asked a number of questions, to which Chief Strosnider responded. Phil Hall, P & L, addressed the Commission. Eric Palmer, Wharton Smith, addressed the Commission. Richard Doss, resident, and Jack Cooper, resident, spoke. Page 10 of 12 Ocoee City Commission Regular Meeting March 18, 2003 Commissioner Johnson. seconded bv Mavor nro tem Anderson. moved to award the contract for Invitation to Bid No. B03-02 to Wharton-Smith. Inc. in the amount of $2.422.400.00 (base bid of $2.242.000 olus $180.000 in alternates) and authorize the Mavor and Citv Clerk to si2:n a contract with Wharton-Smith which contract shall be aooroved for form and le2:alitv bv the Citv Attornev. and further authorize the waivin2: ofbuildin2: oermits. insoection fees. and all imoact fees. with the exceotion of the Sewer and Water Imoact fees in the amount of $28.701.20. with that fee to be taken from Contin2:encv funds. Motion carried 4-0. Mayor Vandergrift was not present. ST AFF REPORTS City Manager Gleason said he has received information for home sprinkler systems and asked if the Commission wished for him to pursue the impact and feasibility of this and bring back a recommendation. Without obiection. he was so directed. Mr. Gleason said he has been in touch with Crown Enterprise out of Michigan which will be developing just north ofthe public works facility on the C & W site and they may be interested in a land swap. He asked for direction regarding whether to move forward with discussions with them. Without obiection. he was so directed. Mr. Gleason said he and Commissioner Johnson had met with Commissioner Jacobs and she had discussed a permanent sidewalk at Thornebrooke. The County is open to cold paving the road and providing a sidewalk if the City can work out the right-of-way. He asked if the Commission wished for him to move towards eminent domain procedures. Without obiection. he was directed to bring back the cost for the April 1. 2003 meeting. Mr. Gleason said he would refer citizens to the elected officials regarding policy, and he would no longer permit himself to engage in debate with Mayor Vandergrift. COMMENTS FROM COMMISSIONERS Commissioner Howell thanked Buddy Elmore for fixing the drainage problem he reported last meeting. He asked also where we are on the 30 and out program. Mr. Gleason advised the survey was currently in the process of being conducted by the Pension Board. Commissioner Johnson said Frances Watts has been having problems with Onyx picking up stuff in Pioneer Key Park I. Another gentleman had made 4 phone calls trying to get a dumpster and only got the answering machine. He added the property on McKey Street belonging to the City needs mowing. Commissioner Parker said it was good to be back and she appreciated having her sister and mother present for her swearing-in. Mayor pro tem Anderson congratulated Commissioner Parker for being back. He said the boat race needs to make ??? one-way between McKey and Oakland. Without obiection. Page 11 of 12 Ocoee City Commission Regular Meeting March 18, 2003 ADJOURNMENT The meeting adjourned at 11 :05 p.m. Attest: Page 12 of 12 APPROVED: C"Y:J~ '/Scott Anderson, Mayor pro tem OATH OF OFFICE I, SCOTT ANDERSON, do solemnly swear (or affirm) that I will support, protect and defend the Constitution and government of the United States of America and the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty, and allegiance to the same, that I am entitled to hold office under the Constitution; that I will faithfully perform all duties of the office of Commissioner of the City of Ocoee, which I am about to enter, so help me God. ~ Scott Anderson SWORN and Subscribed before me this 18th day of March, 2003. OATH OF OFFICE I, NANCY PARKER, do solemnly swear (or affirm) that I will support, protect and defend the Constitution and government of the United States of America and the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty, and allegiance to the same, that I am entitled to hold office under the Constitution; that I will faithfully perform all duties of the office of Commissioner of the City of Ocoee, which I am about to enter, so help me God. SWORN and Subscribed before me this 18th day of March, 2003.