HomeMy WebLinkAboutItem E (01) Approval and Acceptance of the Regular City Commission Minutes of December 7, 2004, and Special Session of December 14, 2004
MINUTES
OCOEE CITY COMMISSION
December 7,2004 at 7:15 P.M.
01/04/04
Item 1
REGULAR CITY COMMISSION MEETING
I A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7: 15 p.m. in the Commission
Chambers of City Hall. Lester Dabbs led the Invocation and James Fleming led the
Pledge of Allegiance to the Flag. Colors were posted by the VFW10147 Veterans. The
National Anthem was sung by Taylor Elliott, a student and patriotic vocalist. City
Clerk Eikenberry called roll and declared a quorum present.
Roll Call: Mayor Vandergrift, Commissioner Anderson, Commissioner Howell,
Commissioner Johnson, and Commissioner Parker.
Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk
Eikenberry.
I B. PRESENTATIONS AND PROCLAMATIONS
Dissertation of Pearl Harbor- Lester Dabbs
Certificates of Appreciation for the Veterans Memorial Interchange Committee Members:
Representative Fred Brummer, Alice Berkley, John Bryd, Ed Bowers, Lou Cruseo, Gequita
Cowan, Lester Dabbs, Jr., Louis Fazio, Jr., E.G. Engerhardt, lR. Fleming, Betty Hager, Ed
Moore, Tommy Sanders, Janet Shira, Artie Vecchio. (Mayor Vandergrift)
Presentation of the American Flag to the "GoldStar Mothers". (Mayor Vandergrift)
Certificates of Appreciation for the Flu Campaign Workers. (Mayor Vandergrift)
I C. COMMENTS FROM CITIZENS/PUBLIC
Mr. Bowers - asked for assistance with a neighbor who has done an excessive amount of
plumbing, electrical, and construction work at his home without permits. He feels that it is a
potential fire hazard to homes nearby. He said he has been contacting the City regarding these
issues and does not feel he is getting the appropriate help. Building Official Phelps explained
that they have given citations, posted stop work orders, and instructed occupancy of this
residence. They have met with Patricia Jones, the owner who does not live on the property, and
explained what needs to be done to bring the house into compliance. This case is scheduled to
come before the Code Enforcement Board in January 2005.
I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Parker - none
Commissioner Johnson - asked the Mayor to advise Mr. Armbruster that with the redistricting
of schools, football teams from the New High School and East Ridge Knights will be playing
City Commission Regular Meeting
December 7, 2004
each other and the Knights' colors are black, gold, and white, the same school colors proposed
by the new school.
Commissioner Anderson - said the Recreation Advisory Board would be doing the judging of
Holiday Decorations on Sunday and Monday, December 13 & 14, 2004. Residents who are still
interested in being judged or nominating someone should call 407-905-3180.
Commissioner Howell - none
Mayor Vandergrift - 1) said the Ocoee Bulldog Junior Midget Cheerleaders will be in the
National Competition in Disney World, Thursday at 8:00 a.m., and 2) gave an update on the
changes to the high school rezoning that were decided at the last minute at the school board
meeting on December 6, 2004.
I E. CONSENT AGENDA
1. Approval and Acceptance of the Regular City Commission Minutes of November 16,
2004 and Special Session of November 16,2004. (City Clerk Eikenberry)
2. Consideration ofM()t()l"()la.Service Ma.iriteriance Agreement in/the Afi10llllf of
$23,522.76 to Service RadioSystern. (:Po}ice(DhiefGoclori)
The current Motorola Service Agreement expired on September 30, 2004, the proposed agreement would take
effect October 1, 2004, and runs through September 30, 2005. Included in the agreement is all the radio
equipment currently owned by the City of Ocoee with the exception of the radio equipment purchased by the
City for the Fire Department.
3. <Jonsideration of Annual School Resource Officer AgreernelltBetween the City and tile
Orange County SCl:1oo1Board. (Police ChiefG()Cl()Il)
The Police Department provides three (3) police officers to four elementary schools and one (1) middle school
located within the city limits. The annual agreement is required in order for the Police Department to
understand its officers' responsibilities and for the City to be reimbursed by the Orange County School Board
for a part of the officers' salaries.
4. Consideration/to Reject Bid# B04-11 Term Contracts for Co te/Construction.
(Purchasing AgeritTolbert)
Reject all bids due to inconsistent pricing and generally failing to meet the intent of the solicitation. The bids
will not be re-advertised.
ideration to Reject Bid# B05.-01 Citywide/Right-Of-Way Mowing.
Agent Tolbert)
Reject all bids due to all bids being over budget. Staff is revising the scope of work and will re-advertise in the
near future.
6. ConsideratiollofWestyn Bay - Phase 3 SubdivisiollI)lat. (City Engineer and Director
of Public Utilities Wheeler)
Westyn Bay-Phase 3 consists of 127 single-family residential units and lies on the northwest corner of the
intersection of Ocoee-Apopka Road (S.R. 437) and West Road and east of Lake Apopka. All required
documentation pertaining to the platting of this development has been reviewed and approved by City staff.
ra ion of Temporary Road Closing of City Owned Streets ristmas Block
arty. (Building Official Phelps)
Ms. Leonarda Richardson of Richfield Subdivision has made application to the City for a Special Events Permit
for a Christmas block party that would require the temporary closing of a City owned street. The event will be
held on December 11, 2004, from 3pm - 11 :30pm. The street to be closed is Springfield Drive. The following
requirements will be met: 1) All residents that will be affected by the road blockage must be notified in
advance; 2) Health Central Ambulance must be notified of the road closure in advance; 3) An emergency lane
must be maintained at all times; and, 4) Roads must be blocked with proper barricades.
Page 2 of6
City Commission Regular Meeting
December 7, 2004
8. ConsIderatio.n..ofl'llrcb.aseofGearbox Rotor and Shaff Assembly for OxidatIoIlDitch
No. IfrolIII(ruger Company in the AmouIlt.of$16.,845.6'i andFundedfrolIl Sanitary
Sewer.R.&Ri\ccount. (City Engineer all<iDirector of Public Utilities Wheeler)
The gearbox rotor and shaft assembly is an essential element to the overall operations of the wastewater
treatment process. The new assembly will replace the existing unit, which is over ten years old and is reaching
the end of its service life. The existing assembly will be refurbished at a later date and utilized as a backup for
emergency conditions.
9. ConsideratIon of Change Order No. 1 With Prime Construction Group, Inc. for the
Removal of the Septic System al1<ii\lJandonnleIlt.. of the Well iD the Amount of
$4,250.00;>arid Authorization for Mayor and City Clerk to Execute Change Order.
(City EngiIleerand DIrector of PulJlIcUtilitIes Wheeler)
When the Reclaimed Water Booster Pumping Facility Project was bid it did not include the removal of the old
septic system and the abandonment of the old well on the property purchased for the City's pump station. Their
location was either unknown or in an area that was not in the way of the new construction. The change order
amount to include these items is $4,250.00 with an increase of two calendar days.
10. Consideration of Change Order No. 2 with Prime Construction p, Inc./for
Additional Equipment Required to Install the Bore and Jack.U re Road in
the Amount of$3.7,603..75;and.t\.llthor. arid Ity lerk to Execute
Chal1geOrder. (City Erigirieer arid Director 0 u lC tilities Wheeler)
When the Reclaimed Water Booster Pumping Facility Project was designed it did not include the location of the
Sprint duct bank installed as part of the Maguire Road project. The result was a design and bid that included a
bore and jack installation under Maguire Road at a depth of twelve feet. The Sprint duct bank required that the
bore and jack be lowered by three feet, resulting in a change in excavation shoring from a trench box to sheet
piling and the use of a steering head on the bore machine where one was not going to used before. The change
order amount to include these items is $37,603.75 with an increase of seven calendar days.
Consent Aqenda Vote:
Commissioner Anderson, seconded by Commissioner Johnson, moved to pass
Consent Aaenda Items #1 - #10 as presented. Motion carried 5- O.
Commission Howell asked if the rejection of bids (Items 4 & 5) on the Consent Agenda were
going to come back before the Commission. City Manager Frank said the bid for Item #4
would be done on a case-by-case basis because we did not get the response we were looking for,
and we will re-bid Item #5 to get more companies to respond.
I F. PUBLIC HEARINGS
None
I G. REGULAR AGENDA
lOA. (This Item was a Walk-On Emergency Item added after the Agenda was
published) Consideration of Settlement in Case N 04-CA-3.0-84, Asset
Management Consultants of Virginia Inc. vs. City of Oco
Commissioner Anderson, seconded by Commissioner Johnson, moved to
authorize the City Attorney to complete a settlement of this case throuah a
payment to the plaintiff in the amount of $2,000.00. Motion carried 5- O.
Page 3 of6
City Commission Regular Meeting
December 7, 2004
Wavier Request for Maguire Crossing Small Scale Site Plan.
Grimms)
Community Development Director Wagner presented the City's recommendation.
Commissioner Anderson, seconded bv Commissioner Parker, moved to allow the
15' buffer on Professional Parkway and Maauire Road as opposed to a 25' buffer
with condition that the developer aarees to provide enhanced landscapina and
dedicate 10 feet of riaht-of-wav for future road widenina of Maauire Road.
Motion carried 5- O.
12. Discussion on Water Invasion Into Single Family Homes. (Building Official
Phelps)
Commissioner Parker asked for a discussion on this item for possible consideration in taking
action similar to the City of Winter Garden's ordinance requiring surface treatment to masonry
walls to prevent water intrusion into residences. Discussion occurred regarding researching
different methods to recommend something better than the Winter Garden ordinance requiring
waterproofing of new residences without using treatments that will trap in mold and mildew
inside of the walls.
Commissioner Parker, seconded bv Commissioner Johnson, moved to have staff
research this issue and brina back an Ordinance with a workable solution for the
construction of new residences that will prevent water invasion. Motion carried
5- O.
Consideration of Purchase Contract for Property Located at 201 N. Bluford Ave.,
Which Would Provide Assistance with Storm Water Mitigation. (City Manager
Frank)
City Mananger Frank said that the property is intended to be part of a storm water collection
pond and also to provide a level of pre-treatment for storm water that is now entering Starke
Lake. The city received an appraisal supporting the purchase price of $129,999.00 and the
necessary inspections have been completed. With approval, staff will schedule a closing within
the next 10 days and execute the purchase contract.
Commissioner Johnson, seconded bv Commissioner Parker, moved approve per
staff recommendations, the purchase of the property at 201 North Bluford Avenue
in the amount of $129,999.00 from the Capital Reserve Account. Motion carried
5- O.
Discussion occurred regarding the need to transfer these funds over to the Stormwater at a later
time, once the property is being developed for that purpose.
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City Commission Regular Meeting
December 7, 2004
14. Discussion Re: Possible Enforcement of Weight Restrict" ODS of Trucks on Bluford
Ave., Clarke Road, McKey Street, and Brick Stree h Ci to
Reduce Wear and Tear. (Commissioner Anderson)
Commissioner Anderson said he wanted the Commission to consider limiting truck traffic in
the downtown area to prevent wear and tear to the brick roads. Public Works Director
Zaitooni presented a map, which included north to south from Silver Star Rd. to Geneva Street,
and east to west from Bluford Avenue to Kissimmee. The idea is to restrict through traffic and
allow only local delivery trucks to enter this area.
Discussion occurred regarding a previous ordinance that was adopted for Clarke Road and was
never posted correctly. Public Works Director Zaitooni said that the correct signs with
wording regarding weight and load limitations have been ordered and need to be posted in
specific locations to be enforceable. Mr. Zaitooni asked that the Commission consider what
will happen to the displaced trucks, and how much police enforcement should be dedicated to
this. He said he recommends the City look at transportation corridors before any decision is
made. City Attorney Rosenthal said that a study was done at the time the Clarke Road policy
was made. He recommended that Ocoee Code 168-62 be tied to the State Statute to be
enforceable.
Consensus of the Commission was aiven without obiection to post the sians for
truck restrictions alona Clarke Road accordina to the previous action taken (if all
appropriate actions have been taken) and to brina back recommendations on the
roads in the downtown area.
Other Discussion Occured
Commissioner Johnson commented that the downtown area is looking good.
Mayor Vandergrift asked about recovering bricks from Old Winter Garden Road, to which
Engineering/Utilities Director Wheeler said that they have not started to demo the old
pavement yet, but he will point it out when it starts.
Mayor Vandergrift asked about the water still sitting on the road between City Hall and Starke
Lake. Public Works Director Zaitooni said they have been pumping water every few days and
it continues to bubble up from the grass area. They are looking at a preliminary plan to elevate
the road enough to avoid future flooding, and would do it at the same time a retention pond is
constructed on the north side of City Hall.
Commission Johnson said he would like the City to look at purchasing the property where the
Black residence is presently located because it would make a good area for a retention pond.
15. Consideration of Canceling the December 21, 2004, Commission Meeting.
(Commissioner Anderson)
Commissioner Johnson. seconded bv Commissioner Anderson. moved to cancel
the Commission Meetina of December 21. 2004. Motion carried 5- O.
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City Commission Regular Meeting
December 7, 2004
I H. STAFF REPORTS
None
I I. COMMENTS FROM COMMISSIONERS
Mayor Vandergrift said this is the last opportunity that anyone would have to voice opinions
before the final vote of the School Board in January. A lengthy discussion occurred regarding
the City's right to take any legal action and the possibility of holding a workshop if further action
is desired. Commissioner Johnson said he feels that the City should deal with them differently
in the future and be tougher on them from the start.
Commissioner Parker - none
Commissioner Johnson - none
Commission Anderson - wished everyone Happy Holidays.
Commissioner Howell- 1) asked about the retention pond at Marlene, to which Public Works
Director Zaitooni said the work should be done in approximately two weeks 2) asked about stop
signs and traffic calming devices at Marlene and Lady, to which Public Works Director
Zaitooni said he would call him tomorrow and give him more information, they would also need
to come back to the Commission for funds for median improvements/chokers, 3) said Herb
Watren, a resident on Doreen, said the Power Company damaged his property and drain field
and now he has sewer backing up in house, and wants to know if the City can intervene because
they are not calling him back 4) said that he feels the building inspectors have too much of a
work load to do their jobs well and they are doing the best they can under the circumstances.
I ADJOURNMENT
The meeting adjourned at 9:40 p.m.
Attest:
APPROVED:
City of Ocoee
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
Page 6 of6
City Commission Regular Meeting
October 5, 2004
MINUTES
CITY COMMISSION MEETING - SPECIAL SESSION
DECEMBER 14,2004 at 6:00 P.M.
I CALL TO ORDER
Mayor Vandergrift called the special session to order at 6:05 p.m. in the Commission Conference
Room of City Hall. City Clerk Eikenberry declared a quorum present.
Roll Call: Mayor Vandergrift, Commissioner Anderson, Commissioner Howell (absent),
Commissioner Johnson, and Commissioner Parker.
Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry.
This Special Session was called by Mayor Vandergrift, for the purpose of discussing concerns with
Schools in the City of Ocoee.
I Discussion Regarding Ocoee Schools
Mayor Vandergrift opened the meeting and stated he called this meeting because he feels the City
needs to make a decision about the next course of action in dealing with the School. He said he
feels there has been a breech of faith, and the City should perhaps consider legal action. At the
last meeting of the School Board they suddenly came up with a new plan, the (Karen) Ardaman
Plan. There is also the matter of the intersection improvements that need to be done to improve
traffic flow in the area around the new school, and Mayor Vandergrift felt that that the Orange
County work with the City and the School Board and possibly add it to the Ardaman Plan.
Commissioner Parker said, in speaking with residents, their main concern seems to be that their
children attend a school that is close to home. She does not feel it is feasible to get all of the
Ocoee children in the same school with the amount of growth that will be occurring. She does not
feel it is a good idea to take any legal action against the School Board or Orange County and risk
damaging our relationship with them. The relationship has improved in recent years, and with
decisions on the CRA and future schools coming up, it would not only hurt the City if the
relationship had deteriorated. Commission Parker said she thinks it would be a good idea to form
a committee to work in a cooperative effort to improve the roads and intersections near Ocoee
schools.
Commissioner Johnson said we need to get other cities and government entities (Apopka, Winter
Garden, Ocoee, Orange County, Orange County School Board) to contribute to the funding for
road improvements. If they want a community school, then everyone whose children will attend
the school should help fund road improvements. He believes everyone fighting the rezoning issue
ended up wasting time because the plan was already established and the School Board did not listen
to what the community and other Cities had to say.
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City Commission Regular Meeting
October 5, 2004
Commissioner Anderson said he feels we should get County Commissioner Bob Sindler involved.
Regarding the road improvements, the property values have increased so drastically that we need to
work with people to get better prices on the land needed for road/intersection construction. He
said he agrees with Commissioner Parker that we need to keep a good relationship with the County
while we are working on our CRA. The City needs to communicate better with new School Board
Member Jim Martin. Commissioner Anderson says he still feels we should consider letting the
School Board know we are considering Charter Schools. He does not feel we should consider any
legal action because the School Board has the authority to take the actions that they took. Our time
would be better spent concentrating on working with them and swaying them our way.
City Manager Frank said that the Commission should keep in mind of the negotiations that will
be occurring very soon with Orange County regarding the CRA.
Community Development Director Wagner said they had a very productive meeting with Orange
County on another section of the road, their staff acknowledged the West road issue and said they
want to work with the City. Orange County staff talked about short-term solutions such as a
median separator and moving the traffic signal, and working with the developer to come up with an
interim solution and getting all of the necessary right-of-way. County staff sounded as though they
were largely going to pay for it over time, but needed some breathing room to find an alternate
solution. The cooperation from the County road division has improved dramatically over the past
month. With regard to the School Board, our staff has a great relationship with their staff and they
are working cooperatively, he hopes that will continue and politics will not interfere with that
relationship in the future.
Commissioner Parker left the meeting at 6:44 p.m.
Mayor Vandergrift told the Commission to go ahead with the politics. He said he has spoken to
Board Member Jim Martin and others and they do not seem to be concerned about our needs. He
said they no longer return calls or emails. He said his main concern is getting a world-class
education for our kids. Mayor Vandergrift said if we do not want to move ahead with the threat
of an injunction, he is going to turn the ball over to the rest of the Commission. Commissioner
Anderson agreed to contact County Commissioner Sindler and other elected officials.
Commissioner Johnson said we need to move forward with working together with other agencies
on the road improvement issues.
No action was taken.
The meeting adjourned at 6:55 p.m.
Attest:
APPROVED:
City of Ocoee
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
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