HomeMy WebLinkAbout01-20-98
MINUTES OF THE CITY OF OCOEE
REGULAR CITY COMMISSION MEETING
HELD JANUARY 20, 1998
CALL TO ORDER
Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission
Chambers. Commissioner Anderson led in prayer and Hilda Ems led in the pledge of
allegiance. The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Howell and Parker. Also
present were City Manager Shapiro, City Attorney Rosenthal, City
EngineerlUtilities Director Shira, Planning Director Wagner, Public Works
Director Smith, Fire Chief Strosnider, Police Chief Mark, Acting Recreation
Director Nordquist and City Clerk Grafton.
ABSENT: None.
PRESENTATIONS AND PROCLAMATIONS
PRESENTATIONS
STATE OF THE CITY ADDRESS - MAYOR VANDERGRIFT
Mayor Vandergrift read the State of the City Address, which is attached to these minutes as
Exhibit A.
WEST ORANGE RENEGADES, AAU BASEBALL TEAM - REQUEST FOR SUPPORT
Mrs. Mary Barber, 1355 Olympia Park Circle, and Mr. Gregg Fulmer, 2400 Johio Bay Drive,
spoke in place of Mr. Martin Bernstine who could not be present. Mrs. Barber and Mr. Fulmer
gave a brief history of the 14 year old AAU Baseball Program and asked for the City's support.
Commissioner Anderson, seconded by Commissioner Glass, moved to grant $500 from
Communitv Promotions to the 14 year old AAU Baseball Program. Motion carried 5-0.
CONSENT AGENDA
The consent agenda consisted of items A, Band C. Commissioner Anderson, seconded by
Commissioner Glass, moved to approve items A, B and C of the consent agenda as presented.
Motion carried 4-1 with Commissioner Anderson voting no.
A. Approval and Acceptance of Minutes of City Commission Ree:ular Meetine: of January
6.1998.
B. Approval of Extension of Certain Deadlines Related to Resolution No. 97-05 re: Palm
Drive Joint Participation Agreement with Expressway Authority.
C. Approval and Authorization to Purchase File Server for 911 Emere:ency System from
Emergency 911 System Account.
Ocoee City Commission Regular Meeting
January 20, 1998
COMMENTS FROM CITIZENSIPUBLIC
Mrs. Natalie Ussrey, 869 Marlene Drive, representing the 13 and under AAU Baseball Team,
asked permission to use the Bob Sorenson Junior Fields from 12:00 p.m. to 6:00 p.m. for games
and the use of a key for the bathrooms. Mr. Shapiro said there was no problem with the team
using the field for games and having a key to the bathrooms. The only foreseeable problem
would be other teams' schedules conflicting with theirs. Mayor Vandergrift said she should
check with the Recreation Department as to the scheduling.
Mrs. Dottie Minnick, 508 Bernadino Drive, asked for an update on the sidewalk to be
constructed on White Road. Mr. Shapiro said that the project is on this agenda for discussion
and that by the end ofthe month there will be a schedule for all upcoming City projects.
Caneale Hoshaw, Vice President of the FFA, and Andrea Rangeloff, President of West Orange
FFA Chapter, spoke of the programs they are involved in and asked for the City's support in
helping restore their animal facilities.
Commissioner Anderson. seconded by Commissioner Glass. moved to give $500 to the West
Orange FF A from Community Promotions. Motion carried 5-0.
ANNOUNCEMENTS/CORRESPONDENCE BY COMMISSIONERS
Commissioner Glass:
1) Thanked the Police Department and Mr. Shapiro's Office for getting information regarding
the number of accidents at the Maguire RoadlProfessional Parkway Intersection. Asked if 11
accidents in the past 12 months was a high number. Mr. Shapiro said he will be
recommending to hire TransCore to put out counters for a traffic evaluation in that location
and after that would have a full report for Commission's review.
Commissioner Parker:
1) Announced that the grand opening of Fire Station No.4 will be on Friday, January 23,1998,
from 4:00 p.m. to 8:00 p.m.
2) Announced the City's Road Show for District No.4, Thursday, January 29, 1998, from 7:00
p.m. to 9:00 p.m. at Spring Lake Elementary School and encouraged all to attend.
3) Announced that the Historical Commission is selling their second annual cook book for the
price of $6.00.
Mayor Vandererift:
1) Asked for an update on how Frances Watts was doing, and wished her well.
2) Thanked everyone for expressing concern when he was ill.
3) Advised Commission regarding back up material he could not fit in the State of the City
Address.
PUBLIC HEARINGS
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Ocoee City Commission Regular Meeting
January 20, 1998
HEALTH CENTRAL OFFICE BUILDING PRELIMINARY!FINAL SITE PLAN.
Planning Director Wagner presented the staff report and explained that the proposed expansion
for Health Central would include an expansion of the Emergency Room by 3,706 square feet and
a four story expansion of the Medical Office Building by 44,673 square feet. Due to the unique
circumstances on this site, the applicant requested two waivers from certain standards in the
Land Development Code. The two waiver requests address the following issues:
1) Using gross leasable square footage, rather than gross square footage to calculate the required
number of parking spaces;
2) Using the existing loading spaces to accommodate the additional demand for loading spaces
generated by the office building expansion.
The public hearing was opened.
Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked a question regarding the color of the
material being used on the outside of the building.
The public hearing was closed.
Commissioner Parker. seconded by Commissioner Anderson. moved to approve the
Preliminary/Final Site Plan for the Health Central Office Building Addition. as date stamped
received by the City on January 9. 1998. including the two waivers outlined above and listed in
the Waiver Table on Sheet 20-100.2 of the plans. and further subiect to the completion of any
modifications to the storm water management system determined necessary by the Citv
Engineer. Motion carried 5-0.
SECOND READING: ORDINANCE No. 98-01, REINSTATING JUVENILE CURFEW.
City Attorney Rosenthal read this Ordinance by title only. Police Chief Mark stated a few
facts for Commission regarding the curfew and was present for questions.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Commissioner Glass. seconded by Commissioner Parker. moved to adopt Ordinance No. 98-
01. Reinstating Juvenile Curfew. Motion carried 5-0.
SECOND READING: ORDINANCE No. 98-02, AMENDING CHAPTER 180 TO PROVIDE THAT
SPECIAL EXCEPTIONS ARE CONSIDERED BY BOARD OF ADJUSTMENT INSTEAD OF P&Z.
City Attorney Rosenthal read this Ordinance by title only. Planning Director Wagner was
present to answer questions.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Mayor Vandergrift announced the second reading and public hearing of Ordinance No. 98-02
would be held February 3, 1998, at 7:15 p.m.
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Ocoee City Commission Regular Meeting
January 20, 1998
The public hearing was reopened.
Mr. Harold Switzer, 609 E. Lakeshore Drive, spoke against the passing ofthis Ordinance.
The public hearing was closed.
Mayor Vandergrift directed staff to extend a special invitation to the Board of Adjustment for
the next Commission meeting.
RECESS - 8:52 p.m. - 9:05 p.m.
OTHER BUSINESS
FIRST READING OF ORDINANCES - SECOND READING AND PUBLIC HEARING SCHEDULED FOR
FEBRUARY 3,1998.
ORDINANCE No. 98-03, ANNEXING GRAFTON PROPERTY AT FULLERS CROSS ROAD/OCOEE-
ApOPKA ROAD.
ORDINANCE No. 98-04, ZONING GRAFTON PROPERTY.
City Attorney Rosenthal read these Ordinances by title only. Mayor Vandergrift announced
the second reading and public hearing of Ordinances 98-03 & 98-04 to be February 3, 1998, at
7:15 p.m.
DISCUSSION/AcTION RE: QUALIFICATIONS OF MR. HOWELL TO HOLD ELECTED OFFICE.
City Attorney Rosenthal noted that Commissioner Howell had recently presented information
which raises a question regarding his qualifications to continue to hold the elected office of City
Commissioner. He gave an overview of his staff report, presenting Commission with several
options on how to deal with this issue, i.e., (1) do nothing, or (2) move forward to remove
Commissioner Howell from office.
Mayor Vandergrift, and each Commissioner in turn, expressed support for Commissioner
Howell.
Former Commissioner Gleason, 856 Hammocks Drive, asked if it were appropriate for citizens
to contribute to a fund for Commissioner Howell to hire an attorney and pledged $250.
City Manager Shapiro said Attorney Russell Bergin has been informed as to details regarding
Commissioner Howell's situation and he could be appropriately engaged by the City.
After lengthy discussion ensued, Commissioner Glass, seconded bv Mavor Vandere:rift,
moved to set a public hearing regarding this issue for October 6, 1998. Motion carried 4-0 with
Commissioner Howell abstaining.
Without objection, Commission authorized and directed that Attorney Russell Bergin conduct an
investigation regarding the factual circumstances surrounding the qualifications of Commissioner
Howell to hold elected office and to report back to Commission in connection with the public
hearing scheduled in October 6, 1998.
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Ocoee City Commission Regular Meeting
January 20, 1998
DISCUSSION/AcTION RE: GOVERNOR'S BUILDING CODE STUDY COMMISSION.
City Manager Shapiro pulled this item to be considered at the February 3, 1998, Commission
meeting.
DISCUSSION/AcTION RE: DESIGN PROPOSAL FOR PEC FOR WHITE ROAD/ORLANDO AVENUE
WIDENINGIRESURFACING, SIDEWALK-ADDENDUM No. 98-1 TO PEC's CONTINUING
CONTRACT FOR CONSULTING ENGINEERING SERVICES.
City Engineer/Utilities Director Shira presented the staff report and explained that with the
additional traffic on White Road traveling to and from the West Oaks Mall, portions of White
Road less than 24 feet wide need to be widened. This will entail construction of a complete
pavement section, including subgrade, base and wearing surface. This is complicated by the fact
that the areas to be widened are not contiguous, and are not all the same sub-standard width.
Widening of this area and the drainage work required due to the increased pavement width is
included in a design proposal from PEC.
Commissioner Glass. seconded by Commissioner Parker. moved to authorize PEC to prepare
the design plans for this proiect in accordance with their proposal number P-7117R4 dated
Januarv 13. 1998 for the not-to-exceed fee of $39.500.00 and authorize the Mayor and City Clerk
to execute Addendum No. 98-1 to PEC's continuing contract for consulting engineering services.
Motion carried 5-0.
DISCUSSION/ACTION RE: RFP FOR CONSULTING ENGINEERING SERVICES
City Engineer/Utilities Director Shira presented the staff report and explained that with the
volume of work expected in the City within the next two to five years, it would be prudent for
the City to have a contractual arrangement with an additional engineering firm to supplement
Professional Engineering Consultants (PEC). Staff has requested that Commission advertise a
Request for Proposal (RFP) in the local newspaper. This RFP will elicit responses from
engineering firms interested in working with the City and the responses will be reviewed by a
committee made up of a member ofthe Finance Department, the Public Works Director, the City
Engineer, Assistant City Engineer and a City Commissioner.
Commissioner Glass. seconded bv Commissioner Anderson. moved to authorize staff to issue
an RFP for Consulting Engineering Services. appoint Commissioner Howell to act as a member
of the review committee and direct staff to have oral presentations of the final three candidates
made to City Commission. Motion carried 5-0.
ApPOINTMENT OF COMMISSION REPRESENTATIVE TO CACOPD
This item has been deferred until after the March election.
STAFF REPORTS - None.
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Ocoee City Commission Regular Meeting
January 20, 1998
COMMENTS FROM COMMISSIONERS
Commissioner Howell:
1) Asked for an update on the Sullivan ditch. Mr. Shapiro said it had gone out to bid and been
awarded to a contractor. Construction should start any day now. He will direct staff to put
something in writing as to when construction will begin and bring it back to Commission for
reVIew.
2) Said that homeowners in Amber Ridge had called him asking about repairs to their retention
pond. Mr. Shapiro said that the City has sent letters to St. Johns River Water Management
to see if they could settle the issue as to who should take responsibility for its repair because
no one really knows who owns the pond at this point. City Attorney Rosenthal said that
according to his files, Commission had ruled a while back that responsibility of the retention
pond belonged to Amber Ridge's Homeowners Association. To date nothing had been done
because their association's attorney told them not to accept maintenance responsibilities for
the pond until the developer comes back and does the job right. And since the developer is
deceased, St. Johns was contacted to make a decision as to where the responsibility lays.
Commissioner Anderson:
1) Announced that Habitat for Humanity will have a 5k run on February 14, 1998, starting at the
First Presbyterian Church in Oakland. Representatives for Habitat for Humanity will be
present at the next Commission meeting requesting sponsorship. For more information call
262-3277.
2) Announced that registration for the West Orange Leadership Program would be held
February 4, 1998. Had received a fax from Mr. Robert McKey (Alternate Member for the
Planning and Zoning Commission) requesting appointment to the program should no
Commissioner be interested.
Mayor Vandergrift. seconded by Commissioner Glass. moved to send Commissioner Howell
to the West Orange Leadership Program. Motion carried 5-0.
Commissioner Glass:
1) Thanked Fire Department Staff for all the work they provided in the grand opening of Fire
Station No.3 on Maguire Road.
2) Received a phone call from a Mr. George Richardson of Silver Bend asking questions about
the water/sewage and trash charge, asking why they couldn't be shut off or pay a minimal
charge while his house is unoccupied. Directed Mr. Shapiro to respond in writing.
3) Directed Mr. Shapiro to alert Chief Mark regarding a problem with high school students
speeding along Roberson Road and cutting through the Wesmere Development. Mr.
Shapiro said he would look into the problem.
Commissioner Parker:
1) Announced the RSVP No. 656-2218.
2) Encouraged all to attend the Road Show on January 29, 1998, at Spring Lake Elementary
School.
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Ocoee City Commission Regular Meeting
January 20, 1998
Mavor Vandererift:
1) Announced that Friday, January 23, 1998, at 10:00 a.m. there would be a sidewalk dedication
ceremony on south Highway 50 in front of the Colony Plaza Hotel.
ADJOURNMENT
The meeting was adjourned at 10:07 p.m.
Attest:
APPROVED:
City of Ocoee
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s. Scott Vandergrift, Mayor
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR I
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS I
LAST. ME-FIRST :-lAM MIDDLE NAM:E :-lAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY. OR COM1\llTIEE ~
I - ...J);S-l / /k,#)//7/'-<5'/OA./e;f!, I
T~ BOARD. COUNCIL, ~~ISSION, AUTHORITY OR COMMI'ITEE ON 11
WHICH I SERVE IS A UNIT OF:
CITY Q COUNTY Q OTIiER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
COUNTY
MY POSITION IS:
ELECTIVE
Q APPOINTIVE
WHO MUST FILE FORM 88
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This fonn 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.
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Your responsi.bilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly I
depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on I
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this form before completing the.!"everse side and filing the form. i
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INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or ap~-()intive 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 knowingiy von"5
measure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retain~d
.uding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain llf
10ss 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 eiected on a one-acre, one-\"ote basis are not pro-
hibited from voting in that capacity.
For purposes of this law, a "relative" includes only the officers 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).
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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 fonn with the person responsible for recording
the minutes of the meeting, who should incorporate the fonn in the minutes.
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APPOINTED OFFICERS:
You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offi-
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decision, whether orally or in writing and whether made by you or at your direction.
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VOTE WILL BE TAKEN:
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. .:cording the minutes of the meeting, who will incorporate the fonn in the minutes.
· A copy of the fonn must be provided immediately to the other members of the agency.
· The fonn must be read publicly at the next meeting after the fonn is file!!.
CE FORM 88- REV. 1/95
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