HomeMy WebLinkAboutIII (A) Acceptance and Approval of Minutes of the Regular Meeting held June 20, 1995 AGENDA 7-05-95
CP Item III A
MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS
! REGULAR MEETING HELD JUNE 20, 1995
CALL TO ORDER
Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commission
chambers. Commissioner Foster led in prayer and Mrs. Kathy Boyer led in the pledge of
allegiance. The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Foster, Glass, Gleason and Johnson. Also
present were City Manager Shapiro, City Attorney Rosenthal, Administrative
Services Director Beamer, City Engineer Shira, Planning Director Wagner,
Building & Zoning Official Flippen, Fire Chief Strosnider, PPTD Supervisor
Elmore, Solid Waste/Fleet Maintenance Supervisor Dees, Concurrency Analyst
Resnik, Building Clerk Supervisor Seaver and Acting City Clerk Green.
ABSENT: None.
PRESENTATIONS AND PROCLAMATIONS
Presentation of Plaques in Appreciation to Members of the Equity Study Commission
Mayor Vandergrift commended Administrative Services Director Beamer for her work with
the committee, and thanked the members of the committee for the many hours of work they
donated to study the occupational license classification structure and tax structure within the
City. He presented special plaques of appreciation to Pat Bond, Kathy Boyer, Fred Gardiner,
Rudy Swarckof, and Chairman Jim Sills.
Presentation of Student Recognition Awards for Founders Day Art Contest
John Resnik, Chairman, 1995 Founders Day Committee, explained that the Founders Day
Committee and the Ocoee Post Office had sponsored an art contest at Ocoee Middle School for
a drawing to be used as a special stamp cancellation for October 7, 1995, the date of Founders
Day. He thanked Barbara Dalton, art teacher at Ocoee Middle School, Janet Resnik, of City
staff, and Mayor Vandergrift for their assistance with the contest. Stephanie Berry, of the
Ocoee Post Office, had helped coordinate the contest and she presented the awards. First-place
winner, Catherine Fitzgerald, received a plaque from the City and a 1994 mint set from the
Post Office (presented by Post Master Ron Herrington). Runners up Mike Handley and Tom
Hannon received certificates of appreciation from the City and a stamp pin from the Post
Office. Runners up not present were: Brooke Duffina, Thomas Sutherland, Eli Soper, Jason
Smith, Nancy Asbury, Marisol Alverio, Samara Friedrich, and Latoya Haggins.
Mr. Resnik announced the next meeting of the Founders Day Committee to be held on
Thursday, June 29th at 7:00 p.m. in the Community Center and invited interested residents to
attend.
CONSENT AGENDA
The consent agenda consisted of items A, B, and C. Mayor Vandergrift asked questions on
items B and C and City Manager Shapiro responded to them.
MI2E\ V
Ocoee City Commission Regular Meeting
June 20, 1995
A. Acceptance and Approval of Minutes of the Regular Meeting held June 6, 1995.
B. Approval and Authorization for Mayor and City Clerk to execute Labor Agreement with
Florida Department of Corrections-Lake Correctional Institution.
C. Approval and Authorization for Mayor and City Clerk to execute Addendum No. 95-2
to PSI Proposal for Hydrogeologic Evaluation at Forest Lake Golf Course for
$4,350.00 from Wastewater Reserve for Contingency.
Mayor Vandergrift, seconded by Commissioner Foster, moved to approve the consent agenda
as presented. Motion carried 5-0.
COMMENTS FROM CITIZENS/PUBLIC
John House, president of West Orange Habitat for Humanity, explained how their organization
works. He said they need volunteers who can work week days on the home they are building
on Fifth Avenue. Interested citizens may volunteer by calling 262-3277, the Habitat volunteer
hotline.
R. P. Mohnacky, 1820 Prairie Lake Boulevard, commented about the limited number of
parking spaces near City Hall. Mr. Shapiro said additional parking areas will be considered.
Commissioner Foster responded to a June 15th article in The Orlando Sentinel concerning his
absences from the City. He stressed the large number of meetings of various groups which he
has attended on behalf of the City in his years as Commissioner.
Recess: 8:20 p.m. - 8:30 p.m.
PUBLIC HEARINGS
EQUITY STUDY COMMISSION REPORT AND SECOND READING OF ORDINANCE.
REPORT FROM EQUITY STUDY COMMISSION.
Administrative Services Director Beamer mentioned other City staff who had assisted the
Equity Study Commission: Sherry Seaver, who had sent out surveys, responded to calls and
answered questions for the Committee in their meetings; Lisa Strickland and Cathy Sills, who
had done research work; and Jean Grafton and Marian Green, who had taken minutes for the
meetings. (Mayor recognized those who were present).
On behalf of the Equity Study Commission, Ms. Beamer presented the Equity Study
Commission Report and asked that City Commission accept it. Mayor Vandergrift, seconded
2
•
n
Ocoee City Commission Regular Meeting
June 20, 1995
by Commissioner Glass, moved to accept the Equity Study Commission Report. Motion carried
5-0.
ORDINANCE No.95-18,RELATING TO OCCUPATIONAL LICENSING CLASSIFICATIONS AND TAX
STRUCTURE.
City Attorney Rosenthal read the proposed ordinance by title only. Ms. Beamer stated for the
record that Ordinance No. 95-18 deletes the current Chapter 119 and establishes a new Chapter
119 for the Code of Ordinances. She summarized the changes in the Chapter as follows:
• Adds the definitions of employee, number of employees and registered vehicles.
• Incorporates those things that have been approved by the Florida Legislature including:
Due date of licenses, September 30 of each year;
Sale of license to begin August 1 of each year;
Renewal information will be due July 1 of each year so that bills can go out
August 1.
• Includes recommendations from the Equity Study Commission on Classifications and Tax
Structure.
• Eliminates the specialized categories under Contractors (electrical and plumbing) and
Sub-contractors (carpenters, awning, flooring, glass, masonry, painting, plastering, tile,
roofing, heating and air conditioning, swimming pools, etc.).
• Includes the possibility of an increase beginning in 1997 by the lesser of 5% or the
Consumer Price Index.
• Includes a penalty for no occupational license which is 25% of the license due as well
as the license that is due.
• Includes additional penalty of $250.00 plus recovery of cost of collection for those not
paying renewals within 150 days of date due. Before we did not have this additional
penalty.
• The charge for the transfer of ownership, which would be 10% of the original but not
less than $3.00 nor more than $25.00.
• Responsibility for the payment of licenses for vending machines/coin operated machines
and coin operated amusement machines to businesses on whose premises machines are
located.
3
[3 LA 7,
Ocoee City Commission Regular Meeting
June 20, 1995
• Deletion of the bonding requirement.
• Proof of required State or County certification, registration, or permit, where applicable.
Mayor Vandergrift opened the public hearing.
R. P. Mohnacky asked if the taxes would be increased automatically. Ms. Beamer and
Attorney Rosenthal explained that it was only automatic that it come before Commission to be
considered at a public hearing.
As there were no further comments from citizens, the public hearing was closed.
In lengthy discussion Commission clarified some aspects of the study.
On behalf of the Equity Study Commission, Chairman Sills stated for the record that ESC
members understood this was a recommendation only to the City Commission for their
acceptance or rejection of all or any part of it.
The Mayor and each Commissioner commended the members of the Equity Study Commission
for doing an outstanding and equitable job and expressed appreciation for their efforts.
Mayor Vandergrift, seconded by Commissioner Gleason, moved to adopt Ordinance No. 95-
18. Motion carried 5-0.
CASE NO. 1-1 SE-95: EXXON COMPANY, USA - SPECIAL EXCEPTION.
Planning Director Wagner summarized the staff report for the request to build a gas station,
convenience store and car wash at the corner of Silver Star Road and Clarke Road. A Special
Exception is needed to allow this type of business in C-2 zoning.He noted that the Preliminary
Site Plan was provided to outline the physical constraints of the property and Commission was
not approving the site plan per se. He concluded with staff recommendation for approval subject
to six conditions specified in the staff report.
Mayor Vandergrift opened the public hearing.
R. P. Mohnacky, expressed concern about the effect on the City's water supply should a gas
tank rupture. John Sexton, of Yang Enterprises, Inc., said the tanks were double walled and
have a monitoring system to set off an alarm and shut down the tank if there is any breach.
Roger Byrd, Exxon Company, USA, Owner's Authorized Agent, said they were ready to
proceed as soon as everything was approved.
4
[12 s � �
Ocoee City Conunission Regular Meeting
June 20, 1995
The public hearing was closed.
Commissioner Foster, seconded by Commissioner Johnson, moved to approve a Special
Exception for Exxon Company, USA to construct a convenience store, car wash, and gasoline
sales facility on Lot 4, Lake Olympia Square, subject to the following conditions:
1. That the Final Site Plan for the facility be designed in substantial accordance with the
Preliminary Site Plans prepared by Yang Enterprises, Inc. under RAS. No. 4-0745,
submitted by the applicant as date-stamped by the City on June 7, 1995;
2. That the two street identification signs for the facility be limited in height to 20 feet, that
they be set back at least 10 feet from adjoining right-of-way lines, and that the sign on
Clarke Road be located within 50 feet of that entry instead of on the corner;
3. That the applicant make a good faith effort to obtain a Certificate of Occupancy for the
use within six months of issuance of the Building Permit;
4. That the Special Exception for a convenience store, car wash and gasoline sales facility
be applicable only to Exxon Company, USA and is not transferrable to any other owner
prior to issuance of a Certificate of Occupancy.
5. That a Final Certificate of Concurrency be obtained for a convenience store, car wash
and gasoline sales facility prior to issuance of a building permit.
6. That approval of the Special Exception is to be subject to Special Exception Notes A, B
and C as set forth on the Preliminary Site Plan.
Motion carried 5-0.
FIRST READING: ORDINANCE No. 95-17, ENACTING CHANGES TO CHAPTER 180, LAND
DEVELOPMENT CODE PERTAINING TO SHORT FORM SUBDIVISION PLAT PROCEDURE, STREET
LIGHTING AND UTILITY SERVICE PEDESTALS. Second reading and second public hearing are
scheduled for July 5, 1995 at 7:30 p.m.
Mayor Vandergrift announced the date and time of the second reading and public hearing.
City Attorney Rosenthal read the proposed ordinance by title only.
(Mayor Vandergrift left the table at 10:05 p.m. and returned at 10:10 p.m. In his absence,
Mayor pro tem Johnson chaired the meeting.)
Mayor pro tern Johnson opened the public hearing. As there were no comments, the public
hearing was closed.
5
m
Ocoee City Commission Regular Meeting
June 20, 1995
OTHER BUSINESS
AWARD OF LEASE FOR CLIMBING EXCAVATOR/BACKHOE TO COMMERCIAL AND MUNICIPAL
CAPITAL, LLC.
RESOLUTION No. 95-05, APPROVING LEASE/PURCHASE AGREEMENT FOR KAISER SWAMP
MASTER.
City Manager Shapiro explained that we have a ditch maintenance problem and this equipment
will deal with it.
City Attorney Rosenthal read the proposed Resolution No. 95-05 by title only. Administrative
Services Director Beamer indicated for the record the cost of the equipment is $184,340.00
with quarterly payments of $10,530.00 in advance for five years with an effective interest rate
of 5.921%. P.P.T.D. Supervisor Elmore said the life expectancy for this equipment is 7 to
10 years and there will be a maintenance contract for the first two years.
Commissioner Glass, seconded by Commissioner Johnson, moved to approve Resolution No.
95-05. Motion carried 5-0.
DISCUSSION RE: FUNDING FOR PURCHASE OF HURRICANE SHUTTERS FOR MUNICIPAL
COMPLEX BUILDINGS.
Fire Chief Strosnider explained the benefits of selecting hurricane shutters from Broward
Hurricane Panel Company rather than plywood to cover windows and doors. City Manager
Shapiro respectfully requested that City Commission authorize the transfer of funds to purchase
the storm shutters for City Hall and the Police Department.
Commissioner Gleason, seconded by Commissioner Glass, moved to approve the transfer of
funds as requested to enable staff to I roceed with the storm .anel I ro'ect. Motion carried 5-0.
SOUTH-CENTRAL CORRIDOR TRANSPORTATION MEDIATION.
Resolution No. 95-06, recommending prioritizing the Western Beltway ahead of the South-
Central Corridor Transportation Mediation Alternatives.
City Attorney Rosenthal read the proposed Resolution No. 95-06 by title only.
R. P. Mohnacky spoke about the issue.
Mayor Vandergrift, seconded by Commissioner Foster, moved to adopt Resolution No. 95-06.
Motion carried 5-0.
DESIGNATION OF VOTING DELEGATE TO FLORIDA LEAGUE OF CITIES CONVENTION FOR
AUGUST, 1995.
Commissioner Johnson, seconded by Commissioner Gleason, moved to appoint Mayor
Vandergrift as voting delegate for the Florida League of Cities Convention. Motion carried 5-0.
6
7,
Ocoee City Commission Regular Meeting
June 20, 1995
DISCUSSION OF POLICY REGARDING NOTIFICATION TO ELECTED OFFICIALS FOR INCIDENTS
WITHIN THE CITY.
City Manager Shapiro said they had contacted other cities as suggested in the last meeting and
found none who had written policies. Chief Strosnider's staff report included suggested
guidelines. Commissioner Glass suggested changes to page two to add that which is underlined:
Death or serious injury to city officials or their immediate family
Death or serious injury of a City employee
Severe weather alerts (hurricane/storm warning updates) causing mobilization
Any situation which requires evacuation of our citizens from their homes
Mayor Vandergrift, seconded by Commissioner Gleason, moved to adopt the guidelines for
notification with the revisions made by Commissioner Glass. Motion carried 5-0.
STAFF REPORTS None.
COMMENTS FROM COMMISSIONERS
COMMISSIONER JOHNSON:
1) Said the noise level from barking dogs had been the major complaint from two citizens
who had called him. Asked if the police would act on a noise complaint if he called
them. Yes. Animal control complaints have been increasing daily and Mr. Shapiro will
include in next budget a recommendation for an animal control officer and truck, as the
County is now willing officially to allow the City to do it.
2) Asked about status of report on an overlay for downtown Ocoee (similar to Orlando's.)
An overlay may not be needed as the information may be available already in our
Comprehensive Plan.
COMMISSIONER FOSTER: None.
COMMISSIONER GLASS:
1) Thanked water department employees for their quick response in shutting off the water
when a pipe had broken in the exterior of his home over the week-end. Said his
neighbors had also commented that they do an excellent job when they come out. Mr.
Shapiro reported that Bill Sammons had conveyed thanks to Commissioner Glass and
City staff because everything he had asked for had been done. Commissioner Glass
thanked staff for getting that all done.
7
Ocoee City Commission Regular Meeting
June 20, 1995
COMMISSIONER GLEASON:
1) Announced meeting to be held on Thursday, June 22 at 7:00 p.m. at the Ocoee Middle
School to evaluate the facility changes needed at the school and stressed the importance
of community participation.
2) Said Lynx was providing special bus service to and from the Ninth Grade Center as well
as West Orange High for the special rate of 25 cents. Emphasized that the bus stops at
every stop on the regular Ocoee route.
3) Thanked the West Orange Times for their support and advertisement for all the school
agenda meetings and for their diligence in reporting the bus schedules.
4) Asked if discussion of the sign ordinance would be on schedule for the second meeting
in July. Yes, according to staff today.
5) Congratulated Mayor Vandergrift as it had been reported that, due to the players' strike
and the settlement in major league baseball, Mayor Vandergrift was now under minor
league contract to the Orlando Cubs. In his tryout on Friday afternoon, he had pitched
a no-hitter, but there were no batters.
MAYOR VANDERGRIFT:
1) Read letter of thanks from the Orlando Cubs for the City's support of Ocoee-Winter
Garden night at Tinker Field.
2) Asked when work was scheduled to start on the other segment of Clarke Road. We
don't know at this time. Negotiations with the developer are continuing.
Is he balking at doing it for one reason or another? We are not sure as there are some
internal communication areas.
Attorney Rosenthal said there have been some inconsistent communications from the
developer. The City's position has been to expect and insist upon compliance with the
developer agreement. The last written communication from the developer indicated that
he intended to proceed with the finalization of plans for the completion of Clarke Road
to Clarcona-Ocoee Road, and that he was prepared to either present a construction
contract or performance bond. However, some issues reconfirming certain obligations
under the developer agreement need to be clarified and those issues are addressed in a
letter now ready for Mr. Shapiro's signature. We are doing everything we can. At this
time it is premature to state a specific time schedule until we actually have plans
submitted to the City. Our focus now is on getting the plans in. We were told that the
plans were, in effect, done or before the water management district. That was found to
be inaccurate information. Believes we are getting back on track now. Are there
supposed to be sidewalks along that road, too? The sidewalks will be built as each
section is developed as required by the PUD approval. As he develops each PUD he gets
to put the sidewalks in as he goes along. That's a shame, we should have gone ahead
and completed them because that's a main road down through there. Allowing the
8
-1 ITO
4...0 IA In\
Ocoee City Commission Regular Meeting
June-20, 1995
developer some leeway in timing for the sidewalks was part of the original PUD approval
in terms of some of the trade offs to get the road constructed.
3) Complimented the repairer of the brick street at the corner of Floral and Franklin for a
good job. Would like to see all the City's brick streets repaired with brick instead of tar.
Where we can, we try to do so.
4) Reported two calls about a delinquency problem in Silver Glen that Chief Mark needs
to check on.
5) Has promoted to various places the Coca-cola property for possible school or park.
6) Would like to see the Fire Department or Emergency Preparedness Team put together
each year prior to the hurricane season a presentation before the Commission or to the
community that could be rerun on television reminding citizens how to be prepared and
what they need to do to evacuate. County has one that can be put on any station. Chief
Strosnider said we did one last year and Kooge has it. Be sure it is updated. Strosnider
will get with Kooge to do so.
7) Asked about the City's decline of Health Central's request to use our bus for some of
their senior programs. If loaned to them, it would have to be loaned to everyone who
requests it. It is insured for recreational facility bus only. If Commission wants to do
otherwise, the funds would need to be budgeted for maintenance and insurance, etc.
8) Thanked Kooge and crew for all the work they do for the City.
9) Thanked the West Orange Jaycees for answering the phone tonight.
10) Asked what is on the agenda for July 5th meeting. Comprehensive Plan Public Hearing.
(Commissioners Johnson and Gleason will be away on vacation for that meeting. Mayor
will be away through July 4th, but will return for the meeting on the 5th.)
11) Wished all a safe July 4th.
ADJOURNMENT
The meeting adjourned at 11:05 p.m.
APPROVED:
Attest: City of Ocoee
Marian Green, Acting City Clerk S. Scott Vandergrift, Mayor
9