V(A) Approval of Minutes for City Commission Regular Meeting of April 20, 2004 r n
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Agenda 05-04-04
Item VA
MINUTES OF THE OCOEE CITY COMMISSION REGULAR SESSION
HELD APRIL 20, 2004
CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7:16 p.m. in the Commission
Chambers, located at 150 North Lakeshore Drive, and called for a moment of silent prayer.
Frances Watts led in the Pledge of Allegiance to the Flag. City Clerk Grafton called the roll
and declared a quorum present.
PRESENT: Mayor Vandergrift, Commissioners Anderson (arrived at 7:30 p.m.), Howell,
Johnson, and Parker. Also present were Acting City Manager Williford, City Attorney
Rosenthal, Assistant to the City Manager Shira, Building Official Phelps, Buyer Tolbert, City
Clerk Grafton, Community Development Director Wagner, Assistant Fire Chief Firstner, Human
Resources Director Diedrich, Information Systems Director Ross, Parks/Recreation Director
Farmer, Police Chief Goclon, Public Works Director Wheeler, and Deputy Public Works
Director Zaitooni.
ABSENT: None
Non-Agenda Item:
Mayor Vandergrift said Commissioner Howell had asked for a few minutes at the beginning of
the meeting to address an issue and called for his remarks at this time.
Commissioner Howell, referring to a recent incident that made embarrassing headlines,
apologized to the Commission, citizens, and his family. He thanked all those who prayed for
him and stopped by his house to lend support. He said he did not intend to resign.
Commissioner Parker said she was not passing judgment, but the incident had caused a lot of
pain, and she asked him to resign. After the citizens (listed below) expressed their opinions,
Commissioner Parker said this Commission should get the message to the police officers that
they need to do their job and must do reports, and the City will back them, that they would not
get in trouble for being proactive on the job.
Commissioner Johnson said he would prefer to drop it and let Commissioner Howell do what
he has to do without further comment.
Citizens were present in the audience and wished to express their opinions: Those who
addressed the issue speaking not in support of Commissioner Howell were Rex Heinecke, 810
Grovesmere Loop, Barbara Anthony, 405 Bluford Avenue, and James Creech, 118 Mobile
Lane. Those speaking in support of Commissioner Howell were Gerome Smith, 890 Kimball
Drive and Jennifer Wilkes, 2015 Hedgerow Circle.
Commissioner Parker read an e-mail message from John Casisa, omitting the foul language it
contained, and, after the recess, Mayor Vandergrift read a phone message from Francisco
DeJesus.
During the meeting messages continued to arrive and were announced as part of the record, but
were not read aloud. They were from: Linda Askew, 1525 Ison Lane, E. Cooper, 1520 Prairie
Lake Boulevard, and Deborah Roach (no address given).
RECESS 7:45—8:07 P.M.
PRESENTATIONS AND PROCLAMATIONS
Proclamation: Community Action Month—May 2004.
Proclamation: Municipal Clerks Week- May 2 —May 8, 2004.
Mayor Vandergrift read the Proclamations and Deputy Clerks Brasher and Sibbitt surprised
City Clerk Grafton by presenting a short speech and a bouquet of flowers to her.
Presentations By Police Chief Goclon.
Recognition of Ocoee Police Auxiliary Officers: Bob Chedwick,Doug Lawless,Dave Ball,
and Tim Harding.
Chief Goclon presented certificates of appreciation to Auxiliary Sergeant Chedwick and
Auxiliary Officer Harding in recognition of their dedication and professionalism. Mr. Lawless
and Mr. Ball were unable to attend.
Recognition of Officer Iannuzzi for Mothers Against Drunk Driving/Governor's Award.
Chief Goclon read a letter of recognition from Acting City Manager Williford to Officer
Iannuzzi recognizing and commending him for his efforts against drunk driving and for
receiving the award from MADD.
Recognition of Officer Dyer for Lifesaving Award. (Police Chief Goclon)
Chief Goclon read a letter of recognition from Acting City Manager Williford to Officer Dyer
for his bravery in assisting fellow officers (while he was off-duty) in subduing an armed person.
Chief Goclon presented a life-saving medal for prompt alert and heroic actions in the line of duty
on February 5, 2004.
COMMENTS FROM CITIZENS/PUBLIC
Martha Lopez-Anderson, 2438 Alclobe Circle, asked the Commission to appoint a citizen
advisory board to assist in the process of choosing a City Manager.
In the ensuing discussion various ways for the public to be involved were suggested but no
action was taken to appoint a committee.
Max Jacobs, 2247 Mountain Spruce Street, asked if resumes were going to be available for the
public to read and the response was affirmative.
J. Lester Dabbs,Jr., 619 Caborca Court, expressed his opinion on several issues.
Frances Watts, 43 Shell Key Court, listed the employees in the Recreation Department who had
gone out of their way to make the Senior Picnic a success and she thanked them for their efforts.
Bob Johnson, 423 Tranquille Oaks Drive, strongly urged the Commission to put together a
citizens committee to choose a City Manager.
Lee Ann Stanley, 2488 Ocean View Boulevard, said this Commission should back off from
hurting each other and work together. She said the Commission should choose the City
Manager.
COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Parker announced the Fishin' Fest sponsored by the Rotary Club Saturday and
gave the details.
Commissioner Anderson apologized for being late to the meeting and said he had promised to
mention the names of his relatives visiting from out of town as they were watching on TV.
Commissioner Howell said he had visited Commissioner Anderson's home and met his family.
He also sent greetings to the visitors.
Commissioner Johnson said hello to his granddaughter Carissa in the hospital.
RECESS 9:00—9:11 P.M.
CONSENT AGENDA
The consent agenda consisted of items A, B, C, D, E, F, G, H, I, J, and K.
Commissioner Parker, seconded by Commissioner Anderson, moved to approve and accept
the consent agenda as presented. Motion carried 4-1 with Commissioner Anderson voting no.
Mayor Vandergrift commended the Fire Department for applying for grants and said in future
staff reports he would like to see where the money is coming from.
A. Approval and Acceptance of Minutes of City Commission Regular Meeting of
April 6, 2004, Final Budget Minutes of September 24, 2003, and Minutes of Work
Session Called by Scott Anderson of September 22, 2003. (City Clerk Grafton)
B. Approval and Authorization of$3,600 from General Fund Contingency for
Appraisal Services for the 7th Avenue Right-of-Way Acquisition to DeRango, Best&
Associates. (Deputy Public Works Director Zaitooni)
City Commission previously authorized acquisition and survey of the required right-of-way for 7th
Avenue. In order to proceed with the acquisition of the right-of-way,it is necessary to update the appraisal
of the required parcel. The City Attorney has retained the services of DeRango,Best&Associates to
conduct the appraisal.
C. Approval and Authorization to Piggyback Seminole County Master Contract
A/B-302101/GG and Amendment#1-A/B-3021 with Traffic Control Services for the
Conversion of the Existing Traffic Signal to Mast-arms; and Approval of$54,000
from McKey Street Project Funds for the New Mast-arm Signal. (Deputy Public
Works Director Zaitooni)
On April 6,2004,City Commission authorized reallocation of the McKey Street Project Funds for the
conversion of the existing span wire traffic signal a decorative mast-arm type. The additional$54,000 will
be needed to furnish and install the new decorative mast-arms,re-wire the intersection,and remove the
existing signal. The normal time for manufacturing and delivery of the mast-arm is between 4 to 6 months,
so it is necessary to issue the work order to Traffic Control Devices as soon as possible.
D. Approval and Authorization for Temporary Closing of a Portion of North
Lakeshore Drive for the Purpose of a Fishing Tournament and Fish Fry. (Building
Official Phelps)
The event will be held April 24,2004,from 6am-4pm and the applicant understands the requirements of: 1)
All residents that will be affected by the road blockage must be notified; 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.
E. Approval and Authorization for EMPA Grant Award in the Amount of$49,320;
and Authorization for Mayor and City Clerk to Execute Contracts. (Assistant Fire
Chief Firstner)
On April 5,2004,the Fire Department was contacted by the Department of Community Affairs and advised
that the State had found alternate funding sources for the EMPA grant and that the City of Ocoee's grant
application was selected for funding. The grant is for Emergency Operations Center upgrades to the new
Fire Station One and is for$49,320 with no cash match on behalf of the City.
F. Approval and Authorization to Waive the City's Formal Bid Process; and
Authorize the Mayor and City Clerk to Execute Agreement with Sprint for the
Provisioning and Maintenance of Telecommunications Services and Equipment for
the New Fire Station One. (Information Systems Director Ross)
The City is currently in a contract with Sprint to provide telecommunications services,equipment,and
maintenance. With Fire Station One moving away from the City Hall complex,there will be a need to
provide additional telecommunications circuits and equipment at the new Fire Station One to connect to the
City Hall complex. This service is needed to connect the new building to City Hall so fire staff can access
voice mail, City data,Internet,and Orange County which is providing dispatching services.
G. Approval and Authorization to Waive City's Formal Process; and Authorize the
Mayor and City Clerk to Execute Agreement with Verizon Wireless for Providing
the City Wireless Service on its Laptops. (Information Systems Director Ross)
Currently,the Ocoee Police Department uses AT&T Wireless CDPD service on their laptops for mobile
dispatching and queries. Unfortunately,AT&T Wireless is scheduled to stop supporting their CDPD
service this summer. Therefore,Ocoee and all other government agencies are looking for a new wireless
carrier for their mobile computers before the end of the summer. The City has looked at products and
services offered by Verizon Wireless, Sprint,and AT&T Wireless. Based on coverage experienced within
the City's response area,staff was pleased with the service offered by Verizon Wireless. This is also the
same provider chosen by Orange County which is providing dispatch services for the Ocoee Fire
Department.
H. Approval and Authorization for Jesse and Juana Maldonado Intent to Annex
for Water Service; and Authorization for Mayor and City Clerk to Execute
Annexation Agreement. (Public Works Director Wheeler)
The Maldonados,who reside at 3206 Seminole Street,approached the City for utility service. They are
currently on a private well and their daughter appears to have an allergic reaction to the well water. The
Maldonado's property is not located within the jurisdictional boundary for the City of Ocoee's Water
Service Territory;however,Orange County has agreed to allow Ocoee to connect the Maldonados to the
Ocoee system and provide potable water.
I. Approval and Authorization of Change Order#1 with Master Site
Development, Inc. on the Ocoee Crown Point PUD—Phase 1 Infrastructure Project
in the Amount of$60,183 to Purchase Reinforced Concrete Pipe from a Supplier not
Located within the State of Florida; and Authorize Mayor and City Clerk to
Execute Change Order#1. (Public Works Director Wheeler)
The construction of phase 1 infrastructure for the Ocoee Crown Point project which will serve the new high
school as encountered a unique and unprecedented situation. The contractor,Master Site Development,
Inc.,has been unable to purchase the reinforced concrete pipe(RCP)for this project in the State of Florida;
however,Master Site has been in contact with a supplier(Sherman Industries,Inc.)in Savannah,Georgia,
that can supply the entire RCP pipe. Master Site is quoting a price of$60,183 to hire the trucks.
J. Approval and Authorization to Reject Bid#B04-09 Log Run Court Drainage
Project; and Authorize Staff to Proceed with the Completion of this Project In-
House. (Buyer Tolbert)
Staff recommends rejection of the bid received from Schuller Contractors in the amount of$69,000 as it is
over the construction budget of$35,000. Staff recommends buying the materials and performing the
drainage work in-house and contracting out the concrete work due to budget constraints.
K. Approval and Authorization to Award Bid #B04-08 to Price Construction, Inc.
in the Amount of$105,000; Authorize an Additional $10,000 for the Project from
the General Contingency Fund; and Authorize Mayor and City Clerk to Execute
Agreement Between the City of Ocoee and Price Construction, Inc. (Buyer Tolbert)
Last fiscal year's budget included$115,000 for design and construction for the rehabilitation and
reconstruction of the wall located on City easement in the Sawmill Subdivision. A bid was advertised and
three(3)responses were received from: 1)Price Construction,Inc.,2)Apec Inc.,and 3) Southern Building
Services. Staff recommends awarding the bid to Price Construction,Inc. as the most responsive and
responsible bidder.
PUBLIC HEARINGS
There were no public hearings scheduled.
OTHER BUSINESS
Towns of Westyn Bay PUD— Project#LS-03-005 -Final Subdivision Plan. (Community
Development Director Wagner)
Community Development Director Wagner gave the staff report, saying this is a part of the
Westyn Bay development which was previously approved. The Towns of Westyn Bay PUD
includes about 18.3 acres and is located on the north side of Ocoee Crown Point Parkway, west
of its intersection with Ocoee-Apopka Road. The property was part of the Westyn Bay
Preliminary Subdivision Plan, designated as a future multi-family development with R-3 zoning.
The property is currently occupied by an old orange grove. The owner intends to develop the
property as a private, gated townhome community with fee simple ownership of the units.
Commissioner Anderson expressed concern again with the name "Towns of Westyn Bay" and
asked that there be some indication that it is in the City of Ocoee.
Commissioner Howell, seconded by Commissioner Parker, moved to approve the Final
Subdivision Plan for the Towns of Westyn Bay PUD, as date stamped received by the City on
April 7, 2004, subject to using promenade style light poles with black shielded fixtures,
submitting a street lighting plan to Staff for approval and installing all street lights prior to
issuing the Certificate of Completion and subject to revising the location of the buffer wall on the
engineering plan sheets prior to the pre-construction meeting. Motion carried 4-0. Mayor
Vandergrift was away from the dais.
Floors Direct Small Scale Site Plan—Project#SS-2003-014 -Waiver Request. (Community
Development Director Wagner)
Community Development Director Wagner gave the staff report, advising the building will be
a one-story, 24,989 square feet retail building, and the owner is requesting a waiver to require
only 69 parking spaces rather than a total of 125 spaces that would normally be required. The
reason given for this is that 80% of the floor space would be devoted to storage space rather than
retail space. He recommended not getting into a restrictive approach and not setting a precedent.
Mr. Amr Gawad, engineer for the project, displayed the plans and explained they had kept
records of customers who came into their other stores each day and had compiled a book
showing the parking needs.
Mr. Carr, owner of the store, proposed using a Declaration of Restrictive Covenant.
After much discussion, Mayor Vandergrift, seconded by Commissioner Johnson, moved to
grant a waiver for Floors Direct Small Scale Site Plan to allow for a phasing of construction of
the parking lot with the requirement that they submit to the City a site plan showing •arkin: and
related stormwater retention in compliance with all code requirements, but showing a phased
construction line and with the details of the specific number of spaces and conditions to be
determined by staff as part of its approval process of the Small Scale Site Plan. Motion carried
5-0.
Mr. Wagner said(to simplify) what staff will do is exactly the plan before Commission. The
rest of the parking will be phase 2 if the building goes retail.
This item was taken out of agenda order immediately following the 9:00 p.m. recess
Discussion Re: Claim of Former City Manager Gleason—Randall Lord, Esq.
Randall Lord, Special Counsel, discussed the claim (threatened but not filed) by Jim Gleason
for a total of$280,520 and read the elements of the settlement demand. Mr. Lord said Mr.
Gleason's attorney, Tom Pilacek, had requested a response by April 16th; however, he had
granted an extension to April 23rd at Mr. Lord's request in order for this to be presented to the
Commission at a regular session, as threatened litigation has no option for a closed session. Mr.
Lord said he had discussed this case with the insurance carrier and the insurance would cover a
lawsuit, but not a settlement before suit is filed. He added that this is not the forum for
discussing details but rather to give him direction to go back to Mr. Pilacek with a response to
the settlement claim.
City Attorney Rosenthal explained that no motion was necessary if Commission wished to take
no action.
After a brief discussion, consensus was reached to wait until a suit is filed.
This item was taken out of agenda order immediately preceding the Commission Comments.
Direction Re: Dr. Martin Luther King, Jr. Memorial Highway. (Assistant to the City
Manager Shira)
Assistant to the City Manager Shira gave the staff report, pointing out that a portion of State
Road 50 from the Western Beltway overpass to State Road 436 has been designated by the
Florida Legislature as the Dr. Martin Luther King, Jr. Memorial Highway, and the City of Ocoee
has been asked to help sponsor the unveiling of the highway marker located on State Road 50
near the Florida Auto Auction. She said the City is providing police coverage which would be
considered a $500 in-kind donation, the Reconciliation Task Force had pledged $500 and Lester
Dabbs had pledged $1,000 to help the City reach a Platinum Sponsorship level of$5,000.
Jerry Girley, 1350 Vickers Lane, and J. Lester Dabbs,Jr., 619 Caborca Court, both urged the
Commission to support this event with a $3,000 donation.
Commi si n•r Parker seconde. b Commi sioner Ander on mo ed t. ,•nsor the Martin
Luther King, Jr. Road dedication in the amount of$3,000. Motion carried 5-0.
(Clerk's Note: SB 1750, Section 1 designates the Dr. Martin Luther King, Jr., Memorial
Highway to be in Gadsden County and Section 2 designates the described portion of SR50
to be Martin L. King Jr., Drive.)
Discussion Re: McKey Street Project— Property Dedication to David and Terry Long.
(Assistant to the City Manager Shira)
Assistant to the City Manager Shira explained Mr. and Mrs. Long had agreed to dedicate a
strip of land along McKey Street in order for the City to provide more on-street parking, and in
order to guarantee access to their business and residence, they were requesting an easement over
the current alleyway that begins at Cumberland Avenue and runs along the north property line
with Lots 16, 17, and 18.
Commissioner Johnson, seconded by Commissioner Anderson, moved to approve the
easement so that the City Attorney can add that language to the property dedication to be
recorded with Orange County. Motion carried 5-0.
Discussion Re: Workshop Date for Impact Fees. (City Clerk Grafton)
Commissioner Johnson said he would like to include a review of the site plan review process on
the agenda that is prepared for the Impact Fees.
Without objection May 13 at 5:30 p.m. was set for the work session for Impact Fees.
Appointment to Boards. (City Clerk Grafton)
Education Commission
Commissioner Howell, seconded by Commissioner Parker, moved to appoint Donna Huebsch
to the Education Commission for a term to end August 2004. Motion carried 5-0
NON-AGENDA ITEM
Commissioner Johnson, seconded by Commissioner Anderson, moved to appoint Diana
Carter to the CACOFD.
Fifth Trustee to the General Employees' Retirement Trust Fund Board of Trustees.
Commissi 1 n•r Ho. •11 seconded 9 ommi sioner Ander 1 n mo -d to a...int Mar Anne
wickerath as the fifth trustee for a term endin! Se.tember 30 2006 on the General Em s to ees'
Retirement Trust Fund. Motion carried 5-0.
STAFF REPORTS
There were no staff reports.
COMMENTS FROM COMMISSIONERS
Commissioner Parker announced the Fishin' Fest again.
Commissioner Johnson asked Mr. Wagner about Maine Street and asked for a study to be done.
Mr. Wagner said it was time to do a conceptual design for Bluford Avenue/State Road
50/Maine Street and he could have a game plan put together in about three or four months for
about $75,000. Without objection he was directed to bring something back.
Commissioner Anderson
1) Said the Recreation Advisory Board wants to know how the City wants the trail developed.
After some discussion Mayor Vandergrift asked about buying wetlands where the trail will be
laid and Mr. Rosenthal said he would get with staff Mayor Vandergrift asked for a letter to be
sent to Jim Thomas and see if they are willing to condemn the wetlands. Mr. Rosenthal said they
had been approached and were not successful, and he would bring in a report.
2) Said he wants to see all of the master plans displayed together and he asked if the GIS
technician could do that. Mr. Wagner said not all of the plans are on the GIS but could be put
there. Commissioner Parker said to print out what is available and let the Commission have it
to review.
3) Asked if the Veteran's Interchange is happening. All agreed to call Representative Brummer
and pursue it.
Commissioner Howell said he had received complaints from citizens in Amber Ridge that they
cannot get cablevision. Commissioner Anderson said he had asked Mrs. Shira about that and
she had given him a report. He said he would ask Gequita to forward it to Commissioner Howell
and Acting City Manager Williford.
ADJOURNMENT
The meeting adjourned at 10:45 p.m.
APPROVED:
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor