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HomeMy WebLinkAbout08-05-03 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR SESSION HELD AUGUST 5, 2003 CALL TO ORDER Mayor Vandergrift called the regular session to order at 7: 15 p.m. in the Commission Chambers. Pastor David Hartbarger, Ocoee Church of Christ, 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 to the City Manager Shira, Building Official Phelps, Buyer Tolbert, City Clerk Grafton, Community Development Director Wagner, Customer Service Supervisor Sills, Finance Director Horton, Finance Supervisor Carter, Fire Chief Strosnider, Parks/Recreation Director Farmer, Police Chief Goclon, Principal Planner James, Public Works Director Wheeler, and Deputy Public Works Director/City Engineer Zaitoonie. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Presentation of Chair to Pat Bond in Appreciation of Her Years of Service as Planning and Zoning Commission Member and Chairman. (Mayor Vandergrift) Mayor Vandergrift expressed the Commission's gratitude to Mrs. Bond for her years of service on the Planning and Zoning Commission, and presented a rocking chair to her. Introduction of New Eagle Scouts ofBSA Troop 198 to Commission - Paul Hershaw Troop Leader Hershaw introduced Eagle Scout Ryan Hershaw and Eagle Scout Daniel Gupp; and then invited the officials to attend the Eagle Ceremony September 6,2003, at 7:00 p.m. at the Ocoee United Methodist Church. Years of Service Awards. (Human Resources Director Diedrich) Mayor and Commissioners shared in the presentation of the years of service awards and after each presentation the employee's department director spoke briefly expressing appreciation for the quality of work and the dedication of their employee. 1. Ed Loeffler - 5 Years of Service 2. Robert Siegrist - 5 Years of Service 3. Cathy Sills - 10 Years of Service 4. Joyce Staub - 10 Years of Service 5. Jeffrey Dyer -15 Years of Service Presentation- Announce Selection of 2 Police Department Lieutenants. (Chief Goclon) Chief Goclon introduced Lieutenant Charlie Brown and Lieutenant James Como, who had just been promoted to that position and then he introduced Sergeant Traci Payne and Sergeant William Wagner who had been promoted to fill the vacancies created by those promotions. Ocoee City Commission Regular Session August 5, 2003 Proclamation- Ocoee Fire Fie:hter Appreciation Week - August 17-23, 2003. Mayor Vandergrift read the Proclamation and presented it to a large delegation from the Fire Department. COMMENTS FROM CITIZENS/PUBLIC James Fleming, 511 Orange Avenue, rose to speak, but when it was determined he wished to address agenda items, he was asked to save his comments until those items were brought up for discussion. Rosemary Wilsen, 1019 Shady Maple Circle, expressed concern regarding a recent survey, and she was advised this was part of an ongoing visioning process. J. Lester Dabbs, Jr., 619 Caborca Court, said he wanted to be sure the Commission remembered to include the results of a charrette held a few years ago. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker announced the National Night Out at the Palm Drive Park was well attended and still going on. Commissioner Howell congratulated the Ocoee Little League Junior League Division team that made it all the way to the state championship and lost by one point. Mayor Vandergrift 1. Announced the August 19, 2003, City Commission meeting had been cancelled, so the next meeting would be held September 2. 2. Announced the West Orange - South Lake Transportation Task Force meeting August 15, 2003, at Tanner Hall in Winter Garden at 9:30 a.m. 3. Read a letter from International Institute of Municipal Clerks notifying him Brenda Maxwell has achieved her certification as municipal clerk and he expressed congratulations to her. 4. Announced a public hearing August 28,2003, at Turkey Lake Service Plaza, Building 5315 regarding the widening of the Turnpike from US 192, Exit 242 to SR 50, Exit 272 in Clermont. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, and F. Commissioner Anderson pulled item E for separate consideration. Commissioner Anderson. seconded bv Commissioner Howell. moved to aoorove items A. B. C. D. and F as oresented. Motion carried 5-0. 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 SEPARATELY. A. Approval of City Commission Ree:ular Meetine: Minutes of July 15.2003. (City Clerk Grafton) 2 Ocoee City Commission Regular Session August 5, 2003 B. Approval and Authorization for Mayor and City Clerk to Execute First Amendment to Interlocal Af,!reement with Oranf,!e County Ref,!ardinf,! Old Winter Garden Road. (City Attorney Rosenthal) This amendment amends the initial Interlocal Agreement to define the section of the roadway being transferred to include the section from Hemple Avenue to Arlington Avenue. C. Approval and Authorization to Award Bid #B03-04, Fuel Control & Data Acquisition System, to TRAK Engineering, Inc. for $24,095.00. (Buyer Tolbert) TRAK Engineering, Inc., Don Wood Inc., and Petroleum Equipment Construction, Inc. all submitted responses to the advertisement of the bid. Based on price and the satisfaction of the required specifications, staff recommends approval to award bid to TRAK Engineering, Inc. as the most responsive and responsible bidder. D. Approval and Authorization to Award Bid #B03-05, City Hall Carpet Installation, to Complete Carpet Service, Inc. for $21,000.00 (Buyer Tolbert) Complete Carpet Service, Inc. and Spectra Contract Flooring both submitted responses to the advertisement of the bid. Based on price and the satisfaction of the required specifications, staff recommends approval to award bid to Complete Carpet Service, Inc. as the most responsive and responsible bidder. E. Pulled for Separate Consideration (See below) F. Approval and Authorization for Mayor and City Clerk to Execute Agreement for Wellinf,!ton Place Developers and Homeowners Association for Upgraded Street Lights. (Public Works Director Wheeler) Wellington Ocoee, Inc. is requesting the City Commission to authorize Mayor and City Clerk to execute an Agreement with Wellington Place Subdivision for upgraded streetlights. Upgraded streetlights were installed by mistake, and the Developer is currently being billed for and will pay for the entire first year in accordance with the City's Street Lighting Ordinance. After the first year the Homeowners Association will take over the payments for the upgraded lights, with the City paying for the standard lights. Commissioner Anderson asked several questions about item E, to which staff responded. Commissioner Anderson. seconded bv Commissioner Johnson. moved to aDorove item E relzardinl! oavinll 50% of the cost to reolace the existinll 600 linear feet of wood fence with 600 linear feet of white PVC fence around Citv retention Dond #113 with a total cost of$9.937.S0. Motion carried 5-0. E. Approval and Authorization to pay 50% of Cost to Replace the Existinf,! 600 Linear Feet of Wood Fence with 600 Linear Feet of White PVC Fence With a Total Cost of $9,937.50. (City Manager Gleason) Authorization from the City Commission to contribute 50% ($9,937.50) towards the cost of replacing 600 linear feet wood fence around city retention pond # 113. If approved funds will come from the Storm Water Reserve Fund. Items were taken out of agenda order from this pointforward in the meeting. 3 Ocoee City Commission Regular Session August 5, 2003 Consideration of Ocoee Education Commission Participation in The Foundation for Orange County Public Schools. (Assistant to the City Manager Shira) Representatives of the Education Commission were present to respond to any questions regarding the presentation they had presented at the last meeting. Commissioner Parker. seconded bv Commissioner Johnson. moved to aDDrove the Education Commission's DarticiDation in the Foundation for Oranlle Countv Public Schools as reauested. Motion carried 5-0. Request for Reduction of Fines and Liens. (Building Official Phelps) Code Enforcement Board Case 98-047 Fowler Building Official Phelps presented the staff report saying this does not appear to be homestead property and his recommendation was to reduce the fine to $3,000 (100 days at $30. per day), which would cover the actual costs incurred by the City to process the case. Further discussion revealed there was no record that Mr. Fowler had been sent notice of the violation when the tenant was notified in 1998. Commissioner Howell. seconded bv Commissioner Anderson. moved. in the matter of Code Enforcement Case No. 98-047: Ebbott E. and Mamie R. Fowler. the Code Enforcement Board fine be reduced to zero and that the lien order imDosinll a lien on the oroDertv be released and the Mavor and Citv Clerk be authorized to execute all necessarv documentation to accomDlish the forelloinll. Motion carried 5-0. PUBLIC HEARINGS Ordinance No. 2003-24, Repealing/Replacing Articles I, II, and III of Chapter 173; Revising and Increasing Sewer and Water Rates and Charges. Further Revisions. (Continued/rom July 15,2003) (Public Works Director Wheeler) City Attorney Rosenthal read the title only of the Ordinance for the third reading. Public Works Director Wheeler displayed on the overhead the proposed rates for water, wastewater, and reclaimed water which had been mailed to citizens. City Manager Gleason pointed out one change that had been made in response to input at the meetings was to make the outdoor irrigation rate the same for both the resident and non-resident accounts. City Attorney Rosenthal advised the Ordinance in the packet reflects the changes directed by this Commission at the last meeting. He added that, during the typing, scrivener's errors had been corrected, along with some definitions, and the issue of irrigation meters not being charged sewer fees was clarified. He said after the public hearing he would be asking for adoption of these amendments. Commissioner Anderson distributed a modification to the proposed rate which he called "B 1" and noted the difference between this and the original option B was to charge residents and non- residents water rates that were the same. The public hearing was opened. Mr. Rosenthal advised all statements made at the July 15 hearing were to be brought forward and made a part of this continuation of the hearing. 4 Ocoee City Commission Regular Session August 5, 2003 Gerald King, 1514 Acropolis Circle, objected to the automatic annual 3% increase, and talked about the importance of reading the meters at regular even intervals when the inclined rate is adopted. Jose Iglesias, 400 Misty Meadow Drive, discussed an alternate proposal for rates he had distributed at the dais. Aaron Atkinson, 472 Canby Circle, said the increase would be a hardship on him as a senior citizen and he asked what could be done to help him. J. Lester Dabbs, Jr., 619 Caborca Court, talked about the amendments proposed by Mr. Rosenthal not being made available to the public. Mr. Rosenthal said those amendments were to make the proposed ordinance consistent with the notice that was sent to the citizens. Richard Lott, 300 Beckett Court, Winter Park, with Department of Environmental Protection, talked about the deplorable condition of Jamela Plant and asked that something be done about it. Mr. Gleason assured him it had been removed from the Repair/Replacement list and put on an active list to be taken care of. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked if the increases would be addressed again ifit becomes a moneymaker. Mr. Gleason advised the purpose of the increase is to cause citizens to reduce their usage of this resource, and the funds can only be used for the water/sewer system. Nancy Christman, 975 Keller Road, Altamonte Springs, with St. Johns River Water Management System, strongly encouraged the Commission to adopt the proposed rates as a method to reduce usage. In response to Commissioner Anderson's question regarding what percentage of municipalities are not in compliance with the consumption rules, Shannon Joyce, Compliance Coordinator for the Orlando Service Center for Consumptive Use Permitting, said currently Seminole County is under consent order for violating their consumptive use permit, the City of Clermont is as well, and the City of Ocoee is facing potential enforcement for exceeding its allocation for the last four years. RECESS 9:47 P.M. - 9:58 P.M. Mayor Vandergrift proposed an increase in 10% increments over the next few years and described the details. In response to Mayor Vandergrift's questions of the Financial Advisor, Mark Galvin, First Southwest Company, described how he had arrived at the figures in the advice submitted. Martha Lopez-Anderson, 2438 Alclobe Circle, discussed the calculations she had submitted and asked for information. 5 Ocoee City Commission Regular Session August 5, 2003 Bill Korzeniowski, 11204 West Colonial Drive, owner of Dunkin Donuts, said he supported part of the proposed rates, but not all. Max Jacobs, Jr., 2247 Mountain Spruce Street, said the underlying consideration here was to conserve water, and he asked whether the City would receive enough money to operate if everyone cuts back. Public Works Director Wheeler said that was factored into the figures. Jose Iglesias, listed earlier as a speaker, discussed his alternate proposal again briefly. Commissioner Johnson. seconded bv Commissioner Anderson. moved to close the Dublic hearinll. Motion carried 4-1 with Mayor Vandergrift voting no. Commissioner Howell raised the question of Homeowner Associations' requirements regarding the kind of ground cover used. Mrs. Joyce advised HOAs can no longer prevent xeriscape landscaping and the City of Clermont has changed its requirements in that regard. Mrs. Christman said they have material available for distribution. Commissioner Parker proposed setting up a blue ribbon committee to discuss the requirements for landscaping, and she asked for assurance the meters would be read at regular intervals. City Attorney Rosenthal directed attention to his memorandum entitled "Proposed Amendments to Ordinance No. 2003-24 for Consideration at August 5, 2003, City Commission Meeting." He said these amendments amend certain provisions of the Ordinance as amended at the last City Commission meeting, and he summarized those amendments as follows: S 173-1, definitions; S 173-2.1, allowing the option to require a second meter for non-residential customers; S 173-4, correcting certain typographical errors in the rate structure previously approved and establishing a separate category for irrigation meters which would have the practical effect of charging residential and non-residential customers the same rate on the irrigation meter as opposed to the discount to the non-residential customer; and then clarifying that all references to gallons are charges per one thousand gallons. Commissioner Parker. seconded bv Commissioner Anderson. moved to amend orooosed Ordinance No. 2003-24 to adont the chanlles set forth in the Citv Attornev's memorandum to the Citv Commission as stated. Motion carried 3-2 with Mayor Vandergrift and Commissioner Howell voting no. City Attorney Rosenthal clarified that the Ordinance before Commission for consideration now reads the same as the most recent notice that was sent to the citizens. Commissioner Parker. seconded bv Commissioner Anderson. moved to adoDt Ordinance No. 2003-24 as amended. Motion carried 3-2 with Mayor Vandergrift and Commissioner Howell voting no. Ordinance No. 2003-25, Amending Chapter 174 of the Code Relating to Reclaimed Water. Further Revisions. (Continued/rom July 15,2003) (Public Works Director Wheeler) 6 Ocoee City Commission Regular Session August 5, 2003 City Attorney Rosenthal read the title only of the Ordinance and said this ordinance is a clean- up ordinance for Chapter 174 and the rates will be set by Resolution. He said he also has some proposed amendments to this Ordinance which have to do with definitions and changing terminology. The public hearing was opened and, as no one wished to speak, was closed. Mr. Rosenthal directed attention to his memorandum entitled "Proposed Amendments to Ordinance No. 2003-25 for Consideration at the August 5, 2003 City Commission Meeting" and noted these amendments revise definitions, delete the definition of customer charge, clarify some definitions, clarify that connection to the reuse system is mandatory for all existing and new single-family homes where reclaimed water service is available and the service lines to the homes have been retrofitted to accept reclaimed water, and basically do some clean-up. Commissioner Anderson. seconded bv Commissioner Johnson. moved to amend Ordinance No. 2003-25 as amended in order to amend consistent with the Citv Attornev memorandum to the Citv Commission. Motion carried 3-1 with Mayor Vandergrift voting no. Commissioner Howell was away from the dais. Resolution No. 2003-17, Relating to Reclaimed Water Rates. Further Revisions. (Continued/rom July 15,2003) (Not a Public Hearing) City Attorney Rosenthal read the title only of the Resolution and announced this is not a public hearing. Mr. Rosenthal directed attention to his memorandum entitled "Proposed Amendments to Resolution No. 2003-17 for Consideration at the August 5, 2003 City Commission Meeting" and said the proposed revisions by staff add to the Resolution a section which provides for the annual increases in the reuse rates based on the greater of 3% or the CPI which is the same provision that is in Ordinance No. 2003-24, and also correct some typographical errors in the base facility charges. Mayor Vandergrift asked if there were any comments from the public and there were none. Commissioner Anderson. seconded bv Commissioner Johnson. moved to amend Resolution No. 2003-17 as set forth in the Citv Attornev's memorandum. Motion carried 4-1 with Mayor Vandergrift voting no. Commissioner Anderson. seconded bv Commissioner Johnson moved to adoot Resolution No. 2003-17 as amended. Motion carried 4-1 with Mayor Vandergrift voting no. Request for Variance Case No. VR-03-001 & VR-03-002: David W. & George Milton. (Community Development Director Wagner) Community Development Director Wagner gave the staff report, advising these requests are for a variance to go from a 70 foot lot width with 8,000 square foot minimum lot size requirement to a 50 foot lot width and a 6,400 square foot lot size for Lots 12 and 13 in Block B Marion Park. After giving the background, he stated the Board of Adjustment, after 7 Ocoee City Commission Regular Session August 5, 2003 satisfactorily resolving outstanding issues and questions, made findings that the requirements of Section 4-9 of the Land Development Code have been met, that the granting of a variance would make possible the reasonable use of the land and that the variance would be in harmony with the general purpose and intent of the LDC, would not be injurious to the surrounding territory, or otherwise detrimental to the public welfare. He said the recommendations from staff and the Board of Adjustment were in favor of granting the variances. The public hearing was opened and, as no one wished to speak, was closed. Mavor oro tem Anderson. seconded bv Commissioner Howell. moved to aDorove Variance ADDlications No. VR-03-001 and No. VR-03-002 as reauested. Motion carried 3-0. Mayor Vandergrift and Commissioner Parker were away from the dais. Request for Variance Case No. VR-03-003: Dana Hopkins. (Community Development Director Wagner) Community Development Director Wagner gave the staff report, advising the applicant, Dana Hopkins, 414 South Cumberland Street, wishes to place a detached garage 7.5 feet from the south property line bordering West Washington Street rather than the required 25 foot minimum side setback for the Single-Family Residential zoning district. After giving the background, he stated the Board of Adjustment, after satisfactorily resolving outstanding issues and questions, made findings that the requirements of Section 4-9 of the Land Development Code have been met, that the granting of a variance would make possible the reasonable use of the land and that the variance would be in harmony with the general purpose and intent of the LDC, would not be injurious to the surrounding territory, or otherwise detrimental to the public welfare. He said the recommendations from staff and the Board of Adjustment were in favor of granting the variance. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Howell. seconded bv Commissioner Parker. moved to aoorove Variance ADDlication No. VR-03-003 as reauested. Motion carried 3-0. Mayor Vandergrift and Commissioner Johnson were away from the dais. Request for Variance Case No. VR-03-004: Carole Amev. (Community Development Director Wagner) Community Development Director Wagner gave the staff report, advising the applicant, Carol K. Arney, 401 South Bluford Avenue, requests a variance to permit the roofing and screening of an open patio 18 feet from the north property line bordering West Delaware Street rather than the required 25 foot minimum side setback for the Single Family Residential zoning district. After giving the background, he stated the Board of Adjustment, after satisfactorily resolving outstanding issues and questions, made findings that the requirements of Section 4-9 of the Land Development Code have been met, that the granting of a variance would make possible the reasonable use of the land and that the variance would be in harmony with the general purpose and intent of the LDC, would not be injurious to the surrounding territory, or otherwise 8 Ocoee City Commission Regular Session August 5, 2003 detrimental to the public welfare. He said the recommendations from staff and the Board of Adjustment were in favor of granting the variance. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Howell. seconded bv Mavor oro tem Anderson. moved to aDorove Variance AoDlication No. VR-03-004 as reauested. Motion carried 3-0. Mayor Vandergrift and Commissioner Johnson were away from the dais. OTHER BUSINESS MAYOR PRO TEM ANDERSON DECLARED THE FOLLOWING TO BEAN EMERGENCY ITEM: Mayor pro tern Anderson announced the First Baptist Church of Ocoee had submitted a request for a street closure for Ohio Avenue from S. Cumberland Avenue to Kissimmee Avenue on August 10, 2003, for a church picnic. However, the request was submitted too late to be included on the agenda, so must be considered as an emergency item. Mavor oro tem Anderson. seconded bv Commissioner Parker. moved to aDorove the reauest to close Ohio Street as reauested. Motion carried 4-0. Mayor Vandergrift was away from the dais. Emereency Ordinance No. 2003-31 Amendine Ordinance No. 2003-17 and Ordinance No. 2003-18 - FIX Scenery & Display Property. (City Attorney Rosenthal) City Attorney Rosenthal read the title only of Ordinance No. 2003-31. He explained the owner has requested an extension to the time required to supply the City with a copy of the recorded deed and, as the ninety day time frame was selected by the owner and not dictated by City Staff, the only way to accomplish what the owner has requested is to adopt an emergency ordinance which modifies and reinstates the previous ordinances. Mavor oer tern Anderson. seconded bv Commissioner Parker. moved to adoot Ordinance No. 2003-31 as oresented. Motion carried 4-0. Mayor Vandergrift was away from the dais. First Reading of Ordinances. Second Readings and Public Hearings are scheduled/or September 2,2003 at 7:15 p.m. (Community Development Director Wagner) Adair Pointe Subdivision Ordinance No. 2003-26 Annexation Ordinance No. 2003-27 Initial Zonine Richard Doss Ordinance No. 2003-28 Rezonine Parcel A Ordinance No. 2003-29 SSCPA Parcel B Ordinance No. 2003-30 Rezonine Parcel B Ordinance No. 2003-32 Privatizine Solid Waste Service. (Public Works Director Wheeler) 9 Ocoee City Commission Regular Session August 5, 2003 Ordinance No. 2003-33; Proposed Amendments to Chapter 38 of the City Code Relating to Sale of Alcoholic Beverages. (City Attorney Rosenthal) City Attorney Rosenthal read the title only of each ordinance in turn and then announced the second readings and public hearings are scheduled for September 2, 2003, at 7: 15 p.m. Code Enforcement Matters. Request for Reduction of Fines and Liens. (Building Official Phelps) Code Enforcement Board Cases 01-046 & 02-067 Rawa Building Official Phelps presented the staff report for Code Enforcement Case No. 01-046 Edward J. and Lori Ann Rawa and No. 02-067 Edward 1. Rawa, and gave the staff recommendation to not reduce the fines for Edward J. Rawa as they are the result of repeat violations of a previous case. He added that, according to statements made by Lori Ann Rawa, n/k/a Lori Ann Murphy, she has not lived at the property since 1999 and if the City Commission determines this to be true, she should be removed from the lien. City Attorney Rosenthal explained the law regarding liens, reviewed the divorce papers, and gave the Commission the options available regarding this case. Lori Ann Rawa/Murphy, 1754 Viburnum Lane, Winter Park, addressed the Commission regarding her status in this issue, and said she does not expect any money to come to her as a result of the sale of the house. Ed Rawa, 141 Spring Lane, Winter Park, father of Edward J. Rawa, was present to speak for his son, and he confirmed that Mrs. Rawa had moved away from 418 Tranquille Oaks Drive in 1999 and was not responsible for the issues concerning the liens. Commissioner Anderson. seconded bv Mavor Vander!!rift. moved to release Lori Ann Rawa n/k/a Lori Ann Murohv from anv lien or liabilitv associated with the notice of violations and liens in Case Nos. 01-046 and 02-067 and authorize the Mavor and Citv Clerk to execute all necessarv documents. Motion carried 5-0. Commissioner Anderson. seconded bv Commissioner Johnson. moved to reduce each of the fines in Case Nos. 01-046 and 02-067 bv 25% conditioned uDon oavment of the reduced amount ($825) within thirtv calendar davs. (see vote below) Commissioner Parker. seconded bv Commissioner Anderson. moved to amend the above motion to attach to it that the car that is there now is llone and no other unlicensed/inoDerable car ever llets there allain. Motion carried 4-1 with Commissioner Howell voting no. The vote on the motion as amended was 4-1 with Commissioner Howell voting no. City Attorney Rosenthal clarified the issue, saying, "With respect to the current violation, that will follow its normal Code Enforcement procedures. What you have just done is say, with 10 Ocoee City Commission Regular Session August 5, 2003 respect to the old violations, you are only waiving the fines conditioned upon his curing the current violation. The Code Enforcement Board and the Code Enforcement Staff still is free to pursue their normal course of action with respect to the current violation, because that is not within your jurisdiction to address the current violation at this point in time." City Attorney Report and Recommendation. Regarding Code Enforcement Matters (City Attorney Rosenthal) Due to the lateness of the hour, without objection this item was moved to the September 2, 2003, agenda. First Amendment to Interlocal Agreement Regarding Coca-Cola Property. (City Attorney Rosenthal) City Attorney Rosenthal gave the staff report and background for the procedures involved in the Interlocal Agreement with the School Board of Orange County Regarding the Coca-Cola Property, and explained the need for this First Amendment. Community Development Director Wagner responded to questions. Mayor Vandergrift asked Mr. Gleason to set up a meeting for him with Orange County Commissioner Jacobs. Commissioner Anderson. seconded bv Commissioner Parker. moved to aoorove the First Amendment to Interlocal Allreement Rellardinll Coca-Cola ProDertv with the School Board of Oranlle Countv. Florida and authorize execution thereofbv the Mavor and Citv Clerk. Motion carried 4-1 with Commissioner Johnson voting no. Direction for Staff re: Condemnation of 7th Avenue. (City Manager Gleason) City Manager Gleason said since he drafted the staff report some things have been submitted that could change the picture, and he recommended a delay for 30 days. Mayor Vandergrift said without obiection this would be delayed until the first meeting in October. Choose Picture Theme for 2004 Ocoee Community Calendar. (Assistant to the City Manager Shira) Assistant to the City Manager Shira said she was present to answer any questions. Commissioner Parker. seconded bv Commissioner Johnson. moved to IlO with Ootion 2. Native and Droullht Tolerant Trees and other Plants. Motion carried 5-0. Direction to Voting Delegate re: Proposed Amendment to League Charter. (Mayor Vandergrift) Without objection Mayor Vandergrift was directed to vote in support of excluding counties from the League of Cities. 11 Ocoee City Commission Regular Session August 5, 2003 Appointment to P&Z Commission. (City Clerk Grafton) Commissioner Johnson. seconded bv Commissioner Anderson. moved to aoooint Vince Sikora to the Planninll and ZoninQ: Commission to comolete Pat Bond's term endinll Aori12006. Motion carried 5-0. STAFF REPORTS City Manager Gleason 1. Distributed a letter he had received from a concerned citizen regarding conditions in downtown Ocoee, specifically at Crawford Tire, and said he had given it to Building Official Phelps to handle. 2. Advised the cut-off date for the budget needs is coming soon and he requested authorization to transfer $2,000 from Contingency - $1,500 to Travel Expense and $500 to Telephone Expense account. Commissioner Parker. seconded bv Commissioner Anderson. moved to authorize the transfer of $2.000 as reauested bv Citv Manaller Gleason. Motion carried 5-0. COMMENTS FROM COMMISSIONERS Commissioner Johnson 1. Distributed copies of a brochure showing the United Methodist Church at 120 Floral Street as available for purchase and proposed looking into this as a possible site for the police station or some other City use. Without obiection, staff was directed to llet an appraisal and do due diligence toward that end. 2. Said the Founders' Day committee wants to have a beer garden for that celebration and he started to make a motion. City Attorney Rosenthal said right now this Commission does not have the authority to authorize the use of alcoholic beverages in that manner and will not until Ordinance No. 2003-33 has been adopted. He said staff needs to move forward with the procedures for a special events permit to be ready when the ordinance is adopted. Commissioner Howell 1. Said the City Commission should request having a Code Enforcement Board member present when City Commission is hearing appeals such as those presented tonight. 2. Said the yard waste collectors are bad, that they have to be called back repeatedly to clean up after themselves. 3. Asked if the restaurants which are serving alcohol outside have permits to do so. Commissioner Parker explained the new ordinance will take care of that. 4. Asked what the Police Department's position is on beer gardens. Police Chief Goclon said when approximately 10,000 people are in a small space and you add beer to the mix he thought private security folks should be hired to cover the event. Commissioner Anderson said he could not access the e-mail for this meeting. 12 Ocoee City Commission Regular Session August 5, 2003 Mayor Vandergrift 1. Said he has asked to be kept informed regarding the school situation and he handed a folder to Mr. Gleason for the person who will represent the City for the West Orange Visioning Committee. 2. Said staff is using the wrong kind of print to display on the overhead, that they need to use a larger font 3. Said if we are going to use pictures of plants in the 2004 calendar we should not use those on our porches as they are drying up. ADJOURNMENT The meeting adjourned at 1: 15 a.m. Attest: APPROVED: City of Ocoee -g;;~ ! 13