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HomeMy WebLinkAbout03-21-00 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD MARCH 21, 2000 At 7:00 p.m. immediately prior to the opening of the meeting, Commissioner Parker, who had run unopposed for District 4, was sworn in by City Clerk Grafton. CALL TO ORDER Mayor pro tern Anderson called the regular meeting to order at 7:15 p.m. in the Commission Chambers. Pastor Luis Pluguez, New Life Christian Church, led in prayer and Mrs. Frances Watts led the Pledge of Allegiance to the Flag. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift (arrived at 8:35 p.m.), Mayor pro tern Anderson, Commissioners Howell, Johnson, and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, Public Works Director Smith, Planning Director Wagner, City Engineer/Utilities Director Shira, Assistant City Engineer Wheeler, Building Official Flippen, Zoning Coordinator Harper, Plans Examiner Velie, Acting Information Systems Manager Vogt, Finance Director Horton, Finance Supervisor Carter, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS PRESENTATIONS FISCAL YEAR 1999 AUDIT REpORT. Eldin McDirmit, McDirmit, Davis, Puckett & Company, P.A., presented the Audit Report, and stated that there are no areas of material weaknesses in internal control of the City, no areas of non-compliance in state laws and regulations, and the figures show there has been good management over the expenditures. Mrs. Kelly Barry reviewed the Management Comment Report, and commended the Finance Department for the ease with which the audit was conducted this year and for receiving the Certificate of Achievement for Excellence in Financial Reporting again this year. Mayor pro tern Anderson. seconded by Commissioner Johnson. moved to accept the report as presented. Motion carried 4-0. (Mayor Vandergrift was not present.) CAMBRIDGE VILLAGE PUD. Mr. Joe Worsham, 9929 White Road, requested that Commission reconsider the decision made at the March 7 meeting regarding his property, as the requirement of larger lots and a brick wall would work a hardship on him and the developer. Mr. Dick Wark, Village Construction Ltd., reinforced Mr. Worsham's comments, saying that they had worked with City staff for a long time, and had done everything staff had asked, but City Commission had increased the requirements and put them in an untenable situation. Ocoee City Commission Regular Meeting March 21, 2000 Commissioners Parker, Johnson and Howell each in turn stated that they would not move to reconsider. No action was taken. PROCLAMATION: INTERNATIONAL BUILDING SAFETY WEEK - APRIL 2 - 8, 2000. Matt Garland, West Orange High School student, read the proclamation following a brief video presentation created for this occasion by Assistant Building and Zoning Official Washington. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, and E. Mayor pro tern Anderson pulled item C for discussion. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of March 7, 2000.(CITY CLERK) B. Approval and Authorization to Expend $4,550.00 from Contingency Fund for Emergency Air Conditioner Repairs at Police Station.(puBLIC WORKS DIRECTOR SMITH) · Replacement of major components of one of the air conditioning system compressors was necessary in the middle of February when the system failed. D. Approval of the Proposal for Reuse Pumping and Storage Facilities Replacement of Florida Power Corporation Service and Authorization for Mayor and City Clerk to Execute the Agreement. (ASSISTANT CITY ENGINEER WHEELER) · Florida Power Corporation proposes to relocate the service drop into the Wastewater Treatment Plant for the lump sum price of $6,992.72. Funds will come from the 1997 Utility Bond Issue. E. Approval and Authorization to Accept Grant in the Amount of $49,940.00 under the Emergency Management Preparedness and Assistance Grant Program. (ASSISTANT FIRE CHIEF FIRSTNER) · This approval accepts the grant award offer and approves the subsequent contract, pending review by the City Attorney. Commissioner Howell. seconded bv Commissioner Parker. moved to approve items A. B. D. and E of the consent agenda as presented. Motion carried 4-0. (Mayor Vandergrift was not present.) Mayor pro tem Anderson asked that someone from the Elks explain how the funds will be used. Exalted Ruler Bruce Stigall said the funds will go for therapy units to help children. C. Approval and Authorization to Award Grant in the Amount of $200.00 to Winter Garden Elks Lodge #2165. (COMMUNITY RELATIONS DIRECTOR SHIRA) · This will help fund the Elks Therapy Program for handicapped children. Commissioner Johnson. seconded by Commissioner Parker. moved to grant $500.00 to Winter Garden Elks Lodge #2165 from Community Promotions. Motion carried 4-0. (Mayor Vandergrift was not present.) Page 2 of 7 Ocoee City Commission Regular Meeting March 21, 2000 COMMENTS FROM CITIZENS/PUBLIC Mrs. Christy Howell, 6720 Lumberjack Lane, announced a Community Celebration to be held at the Glad Tidings Church, 1701 Adair Street on April 1, 2000 11:00 a.m. to 3:00 p.m., stressing that this is not a fund raiser, but rather an opportunity for the Church to give back to the community a portion of the good it has received from the community. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, discussed recycling. NON - AGENDA ITEM City Manager Shapiro advised that Pastor Richard Johnston, Harvest Church of God, requested that the fees be waived for the special exception needed for the Church Day Care, and that it had been the custom to waive such fees for churches in the past. Mayor pro tern Anderson. seconded by Commissioner Johnson. moved to waive the special exception fees for Harvest Church of God. Motion carried 4-0. (Mayor Vandergrift was not present. ) Public Works Director Smith announced the Annual Spring Clean Up to be Saturday, April 8 for citizens who have Monday/Thursday sanitation service and Saturday, April 15 for those who have Tuesday/Friday service. Mr. Terry Coleman, 1615 Cas singham Circle, said that Commissioner Anderson had attended their Homeowners Association meeting and they had understood him to say that they could use the city attorney's services regarding the wall issue with the Olympia developers and they might also be included in the contract that the City uses for retention pond mowing. Commissioner Anderson responded that he had suggested the HOA communicate with the City regarding what they want to do prior to trying to get the wall built and the city attorney may be able to give comments. And he had advised the HOA that they may wish to use the same contractor for mowing and they could get the telephone number by contacting Public Works. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker: 1) Announced that the Community Center has been renovated and is beautiful. She asked for a list of all who worked on it. Commissioner Johnson advised that Keith Hendrix and Danny Clark did the landscaping. 2) Commended those responsible for the appearance of Channel 9 (Government Channel) as it now looks wonderful and is easy to see. Commissioner Johnson announced that there will be a special event on Saturday, June 3 at Ocoee Middle School for the alumni and interested citizens to get together for the Historical Tribute Ceremony for the original Ocoee High School. He asked for approval for the budget totaling $1,629.00 prepared for that day. Page 3 of 7 Ocoee City Commission Regular Meeting March 21, 2000 Commissioner Anderson. seconded by Commissioner Howell. moved to approve a budget not-to-exceed $2.000 to come from contingency fund for the Historical Tribute Ceremony to be held June 3. Motion carried 4-0. (Mayor Vandergrift was not present.) PUBLIC HEARINGS VARIANCE - CASE No. 02VR-99:GARLAND, 622 SHERWOOD OAKS DRIVE. (Continued from February I and March 7, 2000) Zoning Coordinator Harper presented the staff report recommending that the requested Variance to enable the applicant to retain two storage sheds in their present locations upon the subject property be denied because the applicant has failed to demonstrate that the four prerequisite conditions prescribed by the Land Development Code, Article IV, Section 4-9(A) have been met. Mr. Nick Shaneen, 1707 Bridlelock, Gotha, representing the applicant, said that Mr. Garland had written statements from all neighbors within 300 feet of the property saying they do not object to the sheds. The public hearing was opened. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, said the applicant is not interfering with anybody with his sheds. Mr. Nelson Gosnell, 613 Sherwood Oaks Circle, advised that the applicant's sheds had not been reported by a neighbor, but rather were noticed by the Code Enforcement officer when he was inspecting Mr. Gosnell's permitted driveway. Mr. Gosnell said he felt there were inconsistencies in the enforcement of the Code. The public hearing was closed. Mayor Vandergrift arrived during this discussion. Commissioner Parker. seconded by Commissioner Johnson. moved to approve the Variance subiect to the applicant's obtaining a permit and having the sheds pass inspection. complying with all applicable codes. Motion carried 5-0 VARIANCE - CASE No. 04VR-99: ST. PAUL'S PRESBYTERIAN CHURCH, INC. - SIGNAGE. Zoning Coordinator Harper presented the staff report recommending approval of the Variances that would enable St. Paul's Presbyterian Church, Inc. the opportunity to build a site identification sign along its West Colonial Drive property frontage. The public hearing was opened, and, as no one wished to speak, was closed. Commissioner Howell. seconded by Commissioner Parker. moved to approve the Variances as requested by St. Paul's Presbyterian Church. Inc. to enable it to place a site identification Page 4 of 7 Ocoee City Commission Regular Meeting March 21, 2000 sign along its West Colonial Drive property frontage. Motion carried 4-0. (Mayor Vandergrift was away from the dais.) RECESS - 8:45 p.m. - 9:05 p.m. SECOND READING OF ORDINANCE No. 2000-17, DESIGN STANDARDS FOR SITE LIGHTING, LAND DEVELOPMENT CODE AMENDMENT. City Attorney Rosenthal read the title only of the Ordinance. Planning Director Wagner advised that he had given the presentation at the last meeting and noted that the Planning and Zoning Commission had recommended the additional provision to provide a minimum amount of light as well as a maximum and that was the recommendation of staff as well. The public hearing was opened, and, as no one wished to speak, was closed. Commissioner Johnson. seconded by Commissioner Howell. moved to adopt Ordinance No. 2000-17. Design Standards for Site Lighting. Land Development Code Amendment. as presented. with the recommended addition of "(x) For safety and security reasons. a minimum average of 1.0 footcandle of illumination shall be maintained over the developed portion of a site during normal business hours." Motion carried 5-0. OTHER BUSINESS A WARD OF CONSTRUCTION CONTRACT TO MAXWELL CONTRACTING, INC. FOR THE OCOEE/WINTER GARDEN REUSE INTERCONNECT WATER MAIN PROJECT. Assistant City Engineer Wheeler explained that this includes the installation of a new 16 inch reclaimed water main from the Winter Garden effluent disposal site on Ocoee/ Apopka Road east to Ocoee's effluent disposal site, the Forest Lakes Golf Course. Staff recommends approval of the proposed contract with Maxwell Contracting, Inc. in the amount of $317,000.00. During a discussion regarding the availability of reclaimed water to the different areas, Commissioner Anderson asked that a plan of the overall distribution be provided for Commission so that they can respond to the question, "When for Us?" Commissioner Anderson. seconded by Commissioner Johnson. moved to approve staff recommendation to contract with Maxwell Contracting. Inc. in the amount of $317.000.00 for the Ocoee/Winter Garden Reuse Interconnect Water Main Proiect; to authorize the Engineering Department to execute the Notices of Intent to Award and secure executed contract documents, bonds and insurance from the contractor; and authorize the Mayor and City Clerk to execute the contracts with Maxwell Contracting, Inc. at such time as the contract documents are reviewed for compliance bv staff and legal counseL as needed. Motion carried 5-0. Page 5 of 7 Ocoee City Commission Regular Meeting March 21, 2000 CHANGE ORDER No.1, PHASE 3, PART 3, WATER DISTRIBUTION MAINS WITH PRIME CONSTRUCTION GROUP. Assistant City Engineer Wheeler explained that this Change Order is necessary in order to avoid conflict with Orange County's planned paving and drainage projects in the Peters Avenue/Wurst Road area. Mayor Vandergrift. seconded by Commissioner Howell. moved to approve change Order No.1 with Prime Construction Group, Inc. by increasing the contract amount by $8,133.35. with no extension in contract time. and authorize the Mayor and City Clerk to execute Change Order No.1. Motion carried 5-0. SET DATE FORJPA WORKSHOP. City Manager Shapiro advised that a date was needed for a Drainage Workshop as well as the JPA and without objection Commission set Wednesday, April 24, 2000 at 7:00 p.m. to consider both issues, putting the drainage first on the agenda. ApPOINTMENTS TO BOARDS: Education Commission: Member Cassie Lindenauer resigned from term expiring August, 2001; and J. Morin resigned from term expiring August 2000. Parks and Recreation Advisory Board: Lewyn LaBaire resigned from term expiring October 1,2001. No action was taken on this item as there were no applicants to consider, and Mayor Vandergrift announced that volunteers were needed. Commissioner Anderson asked that the list of Education Commission members include the district in which the members reside. Mayor Vandergrift asked that letters accepting the resignations with regret be sent to the resigning members. STAFF REPORTS City Attorney Rosenthal presented a report on the election results, advising that four District 2 citizens had not been issued Ocoee ballots. Although one of the citizens had come forward with the information that he and his wife had asked for ballots and were not given them, no formal complaint has been filed and the time for filing a complaint with the Supervisor of Elections has passed. No action was needed or taken. COMMENTS/ANNOUNCEMENTS FROM COMMISSIONERS Commissioner Parker thanked all who came to see her sworn into office tonight. Commissioner Johnson: Page 6 of 7 Ocoee City Commission Regular Meeting March 21, 2000 1) Following up on Public Works Director Smith's announcement made earlier about the annual Spring cleanup/trash pickup scheduled for April 8 and April 15, he noted that Jennings has a tendency to overlook some areas of the city in citywide cleanup, and asked that they be cautioned about covering all areas. 2) Commended Staff on the Starke Lake cleanup and proposed that the prices to fix the park area with nice lights similar to those in Winter Garden, sidewalks, curbs, a fountain in the cove be put together. Commission agreed without objection. Commissioner Howell wished Mayor Vandergrift a happy birthday. Commissioner Anderson: I) Advised that the scoreboards at the Little League field have not been wired yet and the sponsors may take them back if that is not taken care of soon. City Manager Shapiro said he would get with Public Works immediately. 2) At the Recreation Advisory Board meeting those attending remarked about the lack of a street light there. City Manager Shapiro said he would not put one in until the road is widened and the turn lane is in. Mayor Vandergrift suggested putting the sticky reflector lights up in the meantime. 3) Asked if there was a way to curb unauthorized cars from going into the parks. City Manager Shapiro said it would take a while to put together enough money to take care of, but he would begin. 4) Reported he has had some response from citizens regarding his Lake Watch program and asked what the next step would be to put together a committee. City Manager Shapiro advised he needs more information before putting it on an agenda. Just as Mayor Vandergrift began his comments, Commissioner Anderson entered the room with a birthday cake and the Ocoee Rent-a-Choir sang Happy Birthday to him. Mayor Vandergrift: I) Commended Staff for the lakefront work and asked that a retention pond or some type of swale be placed in the area where the four main drains from downtown flow into the lake. City Manager Shapiro said he will check it out and that DEP has given permission to clear the alcove area along the sidewalk also. 2) Said he currently is in negotiations with Gettings for the studio property. 3) Reported that on the week of March 25 the cub scouts will be camping out at the Gazebo. Thanked all for the cake and ice cream. ADJOURNMENT The meeting adjourned at 9:50 p.m. APPROVED: City of Ocoee . ----.... .~ ,r ,. Page 7 of 7 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.