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HomeMy WebLinkAbout01-07-03 Minutes MINUTES OF THE OCOEE CITY COMMISSION MEETING HELD JANUARY 7,2003 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:15 p.m. Commissioner Anderson led the prayer and City Attorney Rosenthal 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, City Clerk Grafton, Community Development Director Wagner, Human Resources Director Diedrich, Information Systems Director Ross, Parks/Recreation Director Farmer, Police Chief Goclon, Police Sergeant McCosker, Public Works Director Wheeler, and Senior Planner Grimms. PRESENTATIONS AND PROCLAMATIONS Auxiliary Unit and Volunteers in Police Services Awards. (police Chief Goclon) Chief Goclon and Sergeant McCosker presented Dedicated Service Awards to Auxiliary Officers Bob Chedwick, David Ball, Tim Harding, and Doug Lawless; also to outstanding Citizen Police Academy volunteers Betty Decker, Michelle Grogan, John Grogan, Linda Hill, Art Johnstone, Fernando Martinez, Anna McCosker, Brian McIntosh, Lori McIntosh, Rob McKey, Eva Roberts, John Roberts, Tony Robinson, Jennifer Robinson, Cecil Sammons, Mark Scalzo, and John V ogt. They gave special recognition to Marge Johnstone as Volunteer in Police Services Volunteer of the Year. CONSENT AGENDA The consent agenda consisted of items A, B, C, D. and E. Commissioner Howell pulled item B for separate consideration and asked questions about the charges in item D. Community Development Director Wagner responded that the Commission has the sole right to waive fees, explaining there are some charges such as attorney fees and advertising that really should be paid by the petitioner, not the taxpayer. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of December 17,2002. (City Clerk Grafton) B. Pulled for separate consideration. C. Approval and Authorization for Mayor and City Clerk to Execute Florida Power Distribution Easement at Freedom Park. (Assistant City Attorney Cookson) In order for Florida Power to install the electrical facilities needed for Freedom Park, Florida Power is requesting that the City execute a Distribution Easement in favor of Florida Power over a 30' by 10' piece ofthe Freedom Park property. D. Approval and Authorization to Reimburse the Special Exception Fee and Retain the Review Deposit for The Living Waters Church. (Senior Planner Grimms) The Living Waters Church is located on 0.46 acres ofland near the southeast corner of South Kissimmee Avenue and West McKey Street. They have paid a Special Exception Fee of$1,000 and Review Deposit of$1,000. The Church is requesting reimbursement of the fee and Staff recommends that the review deposit remain in place as security for charges to cover any advertising, legal and consulting fees. Ocoee City Commission Regular Meeting January 7,2003 E. Approval and Authorization for Mayor and City Clerk to Execute the Vote Processing Equipment Use Agreement and Election Contract with the Orange County Supervisor of Elections. (City Clerk Grafton) Florida Statutes require municipalities to use voting equipment provided by their county supervisor of elections. This agreement covers the costs of the use of the equipment and the contract spells out the duties of the City and County throughout the election process. Commissioner Howell. seconded by Commissioner Anderson. moved to approve items A. C. D. and E of the consent alZenda as oresented. Motion carried 4-1 with Mayor Vandergrift voting no. B. Approval and Authorization to Extend Ocoee's Reclaimed Water Main to Orchard Park Subdivision. (Engineer Gavrilovic) The Orchard Park Subdivision is a 141 lot single-family subdivision located on the southeast corner of the intersection of Clarke Road and Clarcona-Ocoee Road, within Ocoee city limits and the Orange County utility service boundary. Staff recommends authorization of the use of $10,000 from the 1997 Utility Bond Issue to fund the extension ofthe reclaimed water main and connection of Orchard Park to the City's reclaimed water system and authorization for the Engineering and Utilities Departments to proceed. Mavor Vander!!rift. seconded bv Commissioner Parker. moved to aoorove item B of the consent alZenda as oresented. Motion carried 5-0. COMMENTS FROM CITIZENS/PUBLIC Rosemary Davis submitted her resignation from the Education Commission, thanking the officials for their help and for their concern for the education of Ocoee' s children. Her resignation was reluctantly accepted and each official in turn expressed regrets that she was leaving. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker displayed little bears that were available for contributions of$5.00 each in support of the City's team for Relay for Life. Commissioner Johnson 1) Announced Frances Watts was under the weather and unable to attend this meeting. He wished her good health. 2) Announced the Blood Drive January 13 from 9:00 a.m. to 12:00 noon in the Community Center parking lot, and encouraged all to donate blood. PUBLIC HEARINGS Second Reading of Ordinances Ordinance No. 2003-01, Amending the Land Development Code. (Community Development Director Wagner) Page 2 of7 Ocoee City Commission Regular Meeting January 7,2003 City Attorney Rosenthal read the title only of the Ordinance. Community Development Director Wagner said he had given the staff report at the last meeting and was present to respond to questions. This Ordinance amends the Ocoee Land Development Code in three places: 1) changes Development Review Fees definitions, 2) adds a School Board representative to the Planning and Zoning Commission as a non-voting member, and 3) adds "Auto Body Repair Shop" as a permitted use in the 1-1 zoning district. The public hearing was opened and, as no one wished to. speak, was closed. Commissioner Howell. seconded bv Commissioner Johnson. moved to adoDt Ordinance No. 2003-01 amendinlZ the Land DeveloDment Code as oresented. Motion carried 5-0. Ordinance No. 2003-02, Crown Point Annexation. (Senior Planner Grimms) Due to an error in the Sentinel Advertising this public hearing must be readvertised. This public hearing will be opened and continued. This is a proposed annexation of approximately 14 acres, vacant land, located approximately 650 feet west of the intersection ofOcoee-Apopka Road and the Western Beltway. Senior Planner Grimms announced the need to continue this hearing because of an error in the advertising. City Attorney Rosenthal read the title only of the Ordinance. The public hearing was opened and continued to January 21, 2003, in order to provide time for proper advertising to take place. Ordinance No. 2003-03, Case No. AR-OI-07-01:Caballero Annexation. (Senior Planner Grimms) This is a proposed annexation of a vacant 1.77 acre parcel located approximately 350 feet east of the intersection of Ocoee-Apopka Road and Silver Star Road on the north side of Silver Star Road. City Attorney Rosenthal read the title only of the Ordinance. Senior Planner Grimms gave the staff report, saying his comments applied both to this ordinance and for the rezoning ordinance immediately following. Mr. Grimms added that the applicant is in New York City and will be mailing an executed Annexation Agreement involving the dedication of 30 feet frontage for future road widening and the reservation of a 30 foot utility easement across the property, as needed. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Howell. seconded bv Commissioner Johnson. moved to adoDt Ordinance No. 2003-03 annexinlZ the subject oroDem. and authorize the Mavor and City Clerk to execute the Ordinance and Annexation AlZreement. subject to the receiDt of the executed Annexation AlZreement. Motion carried 4-0. Mayor Vandergrift was away from the dais. Page 3 of7 Ocoee City Commission Regular Meeting January 7, 2003 As Mayor Vandergrift had stepped away from the dais, Mayor pro tem Anderson posed a question for him regarding reuse water lines. Community Development Director Wagner responded that on an individual site such as this they would have their standard irrigation system and it would be set up so that when a main becomes available they could tie into it. Ordinance No. 2003-04, Case No. AR-OI-07-01:Caballero Rezoning. (Senior Planner Grimms) This is a proposed initial zoning of the parcel referenced above ofC-2, Community Commercial District, which is consistent with the Commercial designation on the Ocoee Future Land Use Map. The public hearing was opened and it was noted that the comments made for the previous ordinance annexing the subject parcel would be brought forward to apply to this ordinance as well. The public hearing was closed. Commissioner Anderson. seconded bv Commissioner Parker. moved to adoDt Ordinance No. 2003-04. rezoninlZ the subject oroDertv. and authorize the Mavor and City Clerk to execute the Ordinance subject to the receiot of an executed Annexation AlZTeement. Motion carried 5-0. Ordinance No. 2003-05, Case No. RZ-02-11-09:Murcia Rezoning. (Senior Planner Grimms) This is a request to change the zoning for parcel ID 18-22-28-3116-01-070 from C-1 Neighborhood Shopping District to C-2 Community Commercial District. The parcel is located on the north side of Franklin Street between Ocoee-Apopka Road and Taylor Street. (It was also identified as the old Mattie Hugh Farmer's home.) City Attorney Rosenthal read the title only of the Ordinance. Senior Planner Grimms gave the staff report and recommendation to approve. Commissioner Anderson stated he wants a policy in place regarding getting easements when an already annexed parcel comes before the Commission for rezoning. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Parker. seconded bv Commissioner Anderson. moved to adoDt Ordinance No. 2003-05. rezoninlZ the subject oroDertv. and authorize the Mavor and City Clerk to execute. Motion carried 5-0. Ordinance No. 2003-06, Case No. RZ-02-11-08:Gage Rezoning. (Senior Planner Grimms) This is a proposed rezoning of parcel ID 18-22-28-3116-01-050 from R-1 Single Family Dwelling District to C-2 Community Commercial District. The parcel is located on the north side of Franklin Street between Ocoee-Apopka Road and Taylor Street. Page 4 of7 Ocoee City Commission Regular Meeting January 7, 2003 City Attorney Rosenthal read the title only of the Ordinance. Senior Planner Grimms gave the staff report and recommendation to approve. Commissioner Anderson asked that his remarks for the last ordinance be brought forward for this ordinance as well. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Anderson. seconded by Commissioner Johnson. moved to adoDt Ordinance No. 2003-06. rezoninlZ the subiect oroDertv. and authorize the Mayor and City Clerk to execute. Motion carried 5-0. OTHER BUSINESS - None scheduled STAFF REPORTS City Manager Gleason 1) Reported the West Orange Chamber of Commerce had requested a person be appointed to sit on a committee to review applications for nominees for the West Orange Chamber Community Champions awards. Without obiection. Commissioner Johnson was named to serve in this capacity. 2) Announced the West Orange Chamber of Commerce Community Champions Gala to be held Friday, January 24, 2003 at Disney's Contemporary Resort Fantasia Ballroom 6:30 p.m. - 10:00 p.m. and he asked for the Commission's pleasure. Without obiection. City Manager Gleason was directed to purchase a corporate table of 10 for $810 and 2 additional tickets at $86.00 each. 3) Reported Commissioner Anderson had been cleared in the complaint to the Commission on Ethics filed by Denise Lenko and he asked the Commission to pay the attorney fees incurred in the amount of$5,614.24. Commissioner Johnson. seconded by Commissioner Parker. moved to Dav the $5.614.24 from the continlZency fund. There was discussion about the need to have a policy in place for this type of expense and Mayor Vandergrift said he would like to see the letter from the insurance company refusing to pay the charge and the letter from the Ethics Commission clearing Commissioner Anderson before he cast his vote, and he moved to table the motion until those items could be produced. As the motion was not supported, the discussion continued with each Commissioner in turn expressing an opinion. Cindy Chancey, 1856 Sparkling Water Circle, addressed the Commission and drew a parallel with a claim she had placed against the City that was denied by the insurance company and ultimately not covered by the City. She felt the City should not pay this claim either in order to be consistent. Commissioner Anderson stated he would abstain from voting on this issue and would file the appropriate conflict of interest statement with the Clerk. Page 5 of7 Ocoee City Commission Regular Meeting January 7, 2003 The motion carried 3-1 with Mavor VandeflZrift votinlZ no. Commissioner Anderson abstained. COMMENTS FROM COMMISSIONERS Commissioner Howell- No comments at this time. Commissioner Anderson - No comments at this time. Commissioner Johnson 1) Reported that WalMart SuperCenter parking area was unclean with trash scattered everywhere and the plants were not receiving the proper care to keep them attractive. He noted there are campers parking onsite, which is not acceptable. Police Chief Goclon advised he had met with the general manager and they are promising to coordinate and cooperate. 2) Asked that Human Resources see if there is a way for employees to put a percentage of their earnings into a fund for pension healthcare insurance. Human Resources Director Diedrich responded she had met with the Pension Board and they had explored this but their interests in benefits were along other lines. Commissioner Parker 1) Advised she has a meeting scheduled with Orange County Commissioner Jacobs, Police Chief Goc1on, and Building Official Washington to discuss how to achieve better animal control service. 2) Said she expects to see the Historical Preservation Ordinance coming up soon. 3) Also expects to hear the status ofthe emergency signs for Fire Station No.4 and will report to the citizens when she hears. 4) Wished to direct staff to review ordinances passed with good intentions but no way to enforce them. Mayor Vandergrift appointed Commissioner Parker a committee of one to work with those. 5) Said citizens had asked that the city logo be made available to be used as a screen saver. When she asked Information Systems Director Ross, he had advised there was software available to do that. Discussion ensued about registering the logo as a trademark and staff was directed to find out what other cities do for their logos. 6) Reported the West Orange Junior Service League will have a Starlight Ball and Auction at the Golden Bear Club, Keene's Point, Windermere, on Saturday, February 15, and their charity of choice this year is the West Orange School Nurse Program. She asked at what level the Commissioners wished to sponsor this cause. Discussion ensued about having this considered by the Merit Awards Board fIrst with a recommendation to this Commission from them. Commissioner Parker said this was a different type of request from those considered by that Board in that it is not a grant, but rather a purchase of something of value. Commissioner Parker. seconded bv Commissioner Anderson. moved to SDonsor at the same level as last vear with a Gold SDonsor at $550.00. Motion carried 4-0. Commissioner Howell was away from the dais. Page 6 of7 Ocoee City Commission Regular Meeting January 7, 2003 Mayor Vandergrift read a letter he had prepared as an invitation to be sent to government officials of the state and neighboring cities to view the State of the City address which will be presented at 6:30 p.m. on January 21 before the Commission meeting. He asked for the Commission's pleasure regarding the guest list. Commissioner Anderson. seconded bv Commissioner Johnson. moved to invite the volunteer boards. Dolice academv. Commissioner Jacobs. and any citizens ofOcoee. with a oress release to West OranlZe Times. and serve refreshments. Motion carried 3-1 with Mayor Vandemrift votinlZ no. Commissioner Howell was not present. ADJOURNMENT The meeting adjourned at 9:58 p.m. Attest: APPROVED: City of Ocoee /.., ---""l ~,/ ~..-j;;{) -~,) Page 70f7 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS c.. ~c..,oee. COUNTY ~~.4", e.. NAME OF BOARD. COU/'Cll, COMMSSION, AUTHORITY, OR OOMMITTEE l.t () (. Oeo (~e. CO*'1 tf't.ss, 0"-' THE BOAR), COUNCil, COMMSSION. AUTHORITY OR COMMTTEE CN WHICH I SERVE IS A UNIT OF CITY i:I COUNTY NAME OF POLITICAL SUEDIVISION: i:I OTHER lOCAL AGENCY 5" o'n- e- 4J (. MAILING ADD~SS ,?/O CITY DATE ON WHICH VOTE OCCURRED 1-')-0,3 MY POSITION IS: ELECTIVE i:I APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate t/"form in the minutes. * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I,___~,-_cij I =_ ~_Jf~~~::_____, hereby disclose that on_______l-:_?_~~~____________________, 20 _~.l..._: (a) A measure came or will come before my agency which (check one) ~ inured to my special private gain or loss; inured to the special gain or loss of my business associate, -----------------------------------------------------; inured to the special gain or loss of my relative, ________________________________________________________________; inured to the special gain or loss of________________________________________________________________________, by whom I am retained; or inured to the special gain or loss of _______________________________________________________________, which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: I~S\L c..o~rttfS5to'V to (J,.,.. f +f.t. f' ~ fNe.....,c'/ ~ee' I N CI.1IU?iJ r' A-i~+"l'~ 6c"IUf Cle.~lltl( c,J.~plf'1"'I..f t:)N Lo",,""SSIO-- C1.....~t-~;'-.s /- ).0-03 --------------------------------------------------- Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2