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HomeMy WebLinkAbout06-17-03 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD JUNE 17, 2003 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7: 15 P.M. in the Commission Chambers. Pastor Gary Howell, Glad Tidings Church, 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 Manager Gleason, City Attorney Rosenthal, Assistant City Attorney Doty, Assistant to the City Manager Shira, Building Official Phelps, City Clerk Grafton, Community Development Director Wagner, Finance Director Horton, Human Resources Director Diedrich, Parks/Recreation Director Farmer, Planning Manager Lewis, Police Chief Goclon, Public Works Director Wheeler, Deputy Public Works Director Zaitoonie, and Solid Waste Supervisor Dees. PRESENT A TIONS AND PROCLAMATIONS MVP Award to Coventry at Ocoee. (Assistant to the City Manager Shira) Assistant to the City Manager Shira presented a check in the amount of $2,500 to William Flanigan for Coventry at Ocoee. Mr. Flanigan described the project to install a new sign, lighting, planters and plants for the Coventry entrance on Silver Star Road now that the road widening construction is finalized. Presentation to Jimmy Hager as Ocoee's First Honorary Lake Ranger. (Commissioner Johnson) Commissioner Johnson presented a plaque designating Jimmy Hager to be the First Honorary Lake Ranger, and ParksIRecreation Director Farmer presented him with appropriate shirts and caps. Presentation of Communicator Award/Print Media - Award of Distinction to the Historical Commission in recognition of their efforts in the production of the 2003 City Calendar. (Commissioner Parker) Commissioner Parker explained the background ofthe award and presented the Communicator A ward/Print Media - Award of Distinction, which had been awarded the City of Ocoee for the 2003 calendar, to Nancy Maguire, president of the Historical Commission. COMMENTS FROM CITIZENS/PUBLIC Frances Watts, 43 Shell Key Court, addressed the Commission about the anticipated growth as reported in the latest News to You and expressed concern about the supply of natural resources for the next generations. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Mayor Vandergrift 1. Announced a public hearing July 10 beginning at 6:00 p.m. for the final design of the E/W Expressway interchanges at the Florida Turnpike Enterprise Headquarters. Ocoee City Commission Meeting June 17,2003 2. Announced the grand opening of Freedom Park Monday, June 23, at 11 :00 a.m. and invited all to attend. 3. Invited all to attend the Orange County Public Schools Commission meeting Tuesday at 3 :00 p.m. where he will address that commission regarding naming the new high school Ocoee High School. 4. Advised the petition forms asking the OCPS to name Ocoee High School were in the City Clerk's office. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, G, H, I, and J. Commissioner Parker pulled item H, and Commissioner Anderson pulled items G and I for separate consideration. Commissioner Anderson. seconded bv Commissioner Parker. moved to aDorove items A. B. C. D. E. F. and J of the consent allenda as oresented. Motion carried 5-0. A Approval of Minutes of Ocoee City Commission Regular Meeting of June 3, 2003. (City Clerk Grafton) B. Appointment to Education Commission. (City Clerk Grafton) Mike Kliewer, who resides in District 2, submitted an application with the Education Commission as his only preference. There are currently 7 active members on this board. This appointment is for a term ending June 2005. C. Approval of the Settlement of the Eminent Domain Litigation for Parcel 125 in the Old Winter Garden Road Widening Project, Formerly Owned by Louis Seybold, by Payment of Certain Amounts Listed Below, and Authorization for City Attorney or Assistant City Attorney to Execute a Final Judgment for the Following: (Assistant City Attorney Doty) $108,438.00 to Louis Seybold (less the $95,850.00 previously deposited in the Court Registry) $ 4,154.04 to James M. Spoonhour, Esq. $ 350.00 to Integra Realty Resources D. Approval and Authorization for Mayor and City Clerk to Execute the Right-of- Way Dedication for Windstone at Ocoee Subdivision. (Public Works Director Wheeler) The Plat for Windstone at Ocoee Subdivision was approved at the May 6,2003, regular session. However, this document dedicating the right-of-way along A.D. Mims Road to the City was inadvertently omitted from the packet. E. Approval and Authorization for the Mayor and City Clerk to Execute the Developers and Homeowners Association Agreement for Upgraded Street Lights with Windstone at Ocoee, Inc. (Public Works Director Wheeler) The first year's payment for the lights has been received by the City, in accordance with the City's Street Lighting Ordinance, and the Homeowners Association will take over the payments for the upgraded lights from that point. . F. Approval and Authorization for Mayor and City Clerk to Execute the Joint Project Agreement with Orange County for Old Winter Garden Road Project. (Public Works Director Wheeler) Orange County has some water lines within the Old Winter Garden Road right-of- 2 Ocoee City Commission Meeting June 17, 2003 way that need to be moved/relocated as part of the improvements/widening of the roadway. Orange County proposes to pay Ocoee up front the estimated cost for this work and work with the City to finalize payment for the work. G. Pulled for separate consideration. H. Pulled for separate consideration. I. Pulled for separate consideration. J. Quarterly Financial Report for Second Quarter. (Finance Director Horton) This report summarizes financial activity for the period January 2003 through March 2003. ITEMS PULLED FROM CONSENT AGENDA: G. Approval and Authorization to Use Accumulated Funds in 401-535-00-6400 for Lightening Protection Devices for the Wastewater Treatment Plant. (Public Works Director Wheeler) The Wastewater Treatment Plant has had numerous lightning strike incidents and has incurred $57,097.36 in damages over the 24-month period from June 2001-May 2003. In purchasing the budgeted items in the Capital Budget, Staff has been able to save $28,000 in this line item account and requests authorization to use those funds to purchase lightening protection equipment. Commissioner Anderson raised several questions regarding this item, then Commissioner Anderson. seconded bv Commissioner Howell. moved to aoorove item Goer staff recommendation. Motion carried 5-0. H. Approval and Authorization for Mayor and City Clerk to Execute the Sawmill Summit Final Plat. (Public Works Director Wheeler) Sawmill Summit is a replat of Lot 18 in the Sawmill Subdivision, and is located on the north side of the intersection of Mill Stream Road and Timber Ridge Trail. This short form plat will divide the existing platted lot into three separate lots, which are each approximately 1/3 acre. No improvements are proposed in conjunction with this plat. Commissioner Parker reported the Sawmill Homeowner Association had requested her to ask that Mr. Johnson, the owner of the land in the plat, go before them and fill out all the proper architectural review forms in order to proceed with this development and, as there is an outstanding amount due the City of Ocoee, she wished to make this approval contingent upon receiving that payment as well. Commissioner Parker. seconded bv Commissioner Anderson. moved to aDorove the Sawmill Summit Final Plat continllent uoon Mr. Johnson's reachinll an allreement with the Sawmill Homeowner Association and uoon oavment to the Citv of the funds for the fee. City Attorney Rosenthal advised if the approval is made contingent upon the agreement with the Homeowner Association, then the City could not proceed with executing and recording the plat until some type of formal agreement has been brought back. Commissioner Parker. seconded bv Commissioner Anderson. amended the motion to sav Mr. Johnson would be instructed take his Dlans before the Architectural Review Board. Motion carried 5-0. The orif!inal motion as amended carried 5-0. 3 Ocoee City Commission Meeting June 17,2003 I. Approval and Authorization for Mayor and City Clerk to Execute the Forest Ridge Subdivision Plat. (Public Works Director Wheeler) Forest Ridge is a 57 lot single-family subdivision located on the east side of Lakewood Avenue just north of Anderson Place. All required documentation pertaining to the platting of this subdivision has been reviewed and approved by City Staff. Site improvements have been completed by the Developer and a Certificate of Completion is being issued. A Maintenance Bond has been posted to the City for a period of two years to guarantee the workmanship of the improvements that will be maintained by the City. Commissioner Anderson said he wants staff to look at extending the maintenance bonds to three years in the future. Commissioner Anderson. seconded bv Commissioner Howell. moved to aoDrove the Forest Ridlle Subdivision Plat as oresented. Motion carried 5-0. Robert Goll, project manager for Forest Ridge, commended staff for their help throughout the project. PUBLIC HEARINGS Second Reading of Ordinance No. 2003-22, Amendment to the Occupational License Ordinance Increasing License Tax Rates. (Community Development Director Wagner) City Attorney Rosenthal read the title only of the Ordinance. Community Development Director Wagner gave the staff report, advising the increase was 4.2% rather than the 5% allowed by the Florida Statutes due to the provision in the Ocoee Code of Ordinances (Section 119-7(A) which limits the increase to the lesser of 5% or the percentage increase in the Consumer Price Index during the two calendar years prior to the year in which the proposed increase will become effective. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Anderson. seconded bv Commissioner Parker. moved to adoot Ordinance No. 2003-22. Amendment to the OccuDational License Ordinance Increasinll License Tax Rates. Motion carried 4-1 with Commissioner Howell voting no. OTHER BUSINESS Community Merit Awards - April 2003 Grant Cycle. (Assistant to the City Manager Shira) Assistant to the City Manager Shira gave the staff report, reporting, in this final cycle of the CMA for fiscal year 2002-03, $7,000 was available for distribution. Of the 16 applications received, one (Thornebrooke Elementary) was withdrawn by the applicant. Mrs. Shira said Health Central Foundation had not sent a representative to the meeting and (since that was a requisite) the Board had not included approval of that request in its recommendation to award $500 to each applicant. The Soccer Club had returned the $500 awarded them in the last cycle since they had not collected enough to complete their trip. Thus, the amount available to award was $7,500. Commissioner Parker suggested a change in the application to make the procedure simpler. 4 Ocoee City Commission Meeting June 17,2003 The applicants were as follows: Girl Scout Troop 567, West Orange High School Softball Team, Multiple Sclerosis Society, Rotary'Club ofOcoee, Christian Service Center, Boy Scout Troop 217, ThoFnebFool,e Elementary (withdrawn), Ocoee Historical Commission, American Legion Posts 63 & 109, West Orange High School Aquatic Boosters, Health Central Foundation, West Orange High School Boys Basketball, Ocoee Elementary Chorus, St. Pauls Presbyterian Church, West Orange High School Boys Tennis, and Edgewood Children's Ranch. Mavor Vanderf!rift. seconded bv Commissioner Parker. moved to award all 15 llrants. includinll Health Central Foundation. Motion carried 3-0. Commissioners Anderson and Howell were away from the dais. Glad Tidings Church Waiver Requests (4), SS-2003-001 Small Scale Site Plan. (Community Development Director Wagner) Community Development Director Wagner gave the staff report, advising the petitioner requests four waivers: 1. request to delay the construction of a sidewalk leading from the main building to Fullers Cross Road until Phase 2 2. request to delay the construction of a sidewalk along the width of the property fronting on Fullers Cross Road until Phase 2 3. request authorization to install trees that are 2.5 inches DBH instead of the required 3.5 inches 4. request authorization to postpone the traffic analysis until Phase 2 of the development and to do any turn lane construction that is recommended by the traffic analysis along with Phase 2 construction. Mr. Wagner said staff supports Waivers 1 and 2, but does not support number 3 as there is no technical justification for this waiver. He added staff is neutral on Waiver 4. Commissioner Anderson. seconded bv Commissioner Howell. moved to aoorove the four Waivers with the reauirement that a traffic studv be conducted at the time of Phase 2 of the aDDlicant's oroiect and that the traffic studv will take into account the imoact of Phase 1 and Phase 2 of the church orooertv and will comDlv with aDDlicable citv reauirements with resDect to transoortation imorovements at that time. Motion carried 5-0. Solid Waste Management Options and Rates. (Public Works Director Wheeler) Public Works Director Wheeler gave the staff report, noting in response to his presentation of May 6, 2003, proposing a new rate of $21.00 monthly with a scheduled increase annually, he had received direction to come back with the staff needed and the costs. He and Deputy Public Works Director Zaitoonie gave a powerpoint presentation demonstrating the figures for (1) continuing with current City solid waste program and (2) privatizing the entire program with a 3- year phase-out plan. He added it appeared that the most economical option, which is least likely to cause a raise in rates, is privatization. Commissioner Parker. seconded bv Commissioner Anderson. moved to authorize staff to oroceed with the RFP for scenario number 2 includinll the residential/commercial debris and 5 Ocoee City Commission Meeting June 17, 2003 chanllinll that to be no rate increase. and brinll back aDDroDriate ordinances. Motion carried 4-1 with Mayor Vandergrift voting no. Mayor Vandergrift said he would like to see other cities' ordinances and possibly a model ordinance from Florida League of Cities. Expanding the Current Take Home V chicle Program. (Police Chief Goclon) Police Chief Goclon presented the staff report, advising he had taken information from a report put together by the committee and condensed it. He displayed on the overhead a diagram of the Joint Planning Area boundaries. These boundaries serve as the area within which an officer must live to take part in the current take home vehicle program. As the boundaries are an irregular line, Chief Goclon used the two furthest points of the JP A as the diameter of a circle to establish an even circumference to use as a starting point for mileage calculation purposes. Officers living outside the perimeter would be charged based on the actual road miles from the perimeter to their homes. A very lengthy discussion ensued with each official expressing particular concerns for the program. Commissioner Anderson said he wanted the Police cars to stay in Ocoee. Commissioner Parker said she understood what was being asked and why and proposed splitting the cost of the travel outside the JP A with the officer 50-50. Commissioner Johnson said he wants all employees to be treated the same. Commissioner Howell pointed out that cars last longer with one driver. The following citizens also expressed opinions: J. Lester Dabbs, Jr., 619 Caborca Court, urged the Commission to deny the request to enlarge the program. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked who started the program. Michael Miller, 1305 Ridgefield, proposed letting the officers make a choice between taking a vehicle home or getting a raise. Five members of the Police Force spoke in favor of enlarging the program. Commissioner Howell. seconded bv Mavor Vanderf!rift. moved to exoand the take home vehicle orollram to ten miles outside the JP A with those officers within that additional ten miles Davinll all cost associated with the take home vehicle. Motion lost 2-3 with Commissioners Anderson, Johnson and Parker voting no. There was discussion about having a workshop to discuss the issue further and Mayor Vandergrift said he would like to know who served on the committee and he would like to see the cost estimate for the options. The City Clerk was directed to bring back information about the appointment of the committee. Commissioner Howell. seconded bv Commissioner Johnson. moved to schedule a work session. Motion carried 5-0. STAFF REPORTS - No staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Parker wished her husband a happy birthday. 6 Ocoee City Commission Meeting JUDe 17,2003 Commissioner Parker. seconded bv Commissioner Johnson. moved to have a resolution broullht to the next meetinll to adoDt the Civilitv Code oresented bv Citv Manaller Gleason at the last meetinll. Motion carried 5-0. Commissioner Anderson thanked staff for the sign to Admiral Point. Mayor Vandergrift reminded citizens to get a copy of the petition regarding naming Ocoee High School and get signatures. ADJOURNMENT The meeting adjourned at 11 :26 p.m. Attest: APPROVED: City of Ocoee t:' / !/~ J ~c----~ S. Scott Vandergrift, Mayor 7