HomeMy WebLinkAbout07-20-93
MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR
~ MEETING HELD July 20, 1993
CALL TO ORDER
Mayor Vandergrift called the regular meeting of the Ocoee Board of City Commissioners to
order at 7:30 p.m. in the commission chambers and led in the prayer. Mrs. Hilda Ems led in
the pledge of allegiance. The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Johnson, and Woodson.
Also present were City Manager Shapiro, City Attorney Rosenthal,
Administrative Services Director Beamer, Planning Director Behrens, Building
and Zoning Official Flippen, Public Works Director Brenner and City Clerk
Grafton.
ABSENT: None
PRESENTATIONS AND PROCLAMATIONS
Mayor Vandergrift presented a Certificate of Appreciation to James Mobley for donating seven
gallons of blood to the Central Florida Blood Bank. His contributions have helped to maintain
a high level of available units in the City's Blood Bank account for employees and their families
to use when the need arises.
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CONSENT AGENDA
The consent agenda consisted of items A, B, C, and D. Item D had been pulled at the request
of the applicant and Commissioner Woodson pulled item C for discussion to confirm for the
record that the developer (for Silver Glen, Phase II, Village I) would include a fence and wall
on the north end of the property. Planning Director Behrens said the developer has agreed to
provide a wall, a fence and a "T" turn around. Mayor Vandergrift asked if the City could buy
a lot to increase access to the park. He said the adjacent homeowner was unhappy with the
current access. Commissioner Johnson said the dissatisfied homeowner bought the lot with the
park already there. City Manager Shapiro said that staff could get a price for the lot should
Commission wish to discuss this during the budget workshops. The Mayor asked that it be
included in the budget workshop agenda.
Mayor Vandergrift pointed out an error in the Minutes relating to the Community Development
Block Grant Interlocal Cooperation Agreement with Orange County in the amount of $25,000.
City Manger Shapiro responded that the agreement and resolution were correct, but that his
memo had been wrong. The grant was for housing rather than a park. Commissioner Combs.
seconded by Commissioner Johnson. moved to approve and accept the consent agenda as
presented less item D. Motion carried 5-0.
B.
Acceptance and Approval of Minutes of Regular Commission Meetin~ of July 6.
1993.
Approval and Authorization to transfer $1.400 each from both Water and Wastewater
Reserve for Contin~ency Accounts to Water and Wastewater Computer
A.
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Ocoee City Commission Regular Meeting
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Equipment/Software Account to Fund the Purchase of a Replacement Desktop
Computer for the GIS Operator.
C. Approval and Acceptance of Silver Glen. Phase II. Villal:e I - Final Subdivision Plans.
D. Approval and Acceptance of Plantation Grove P.U.D. (Single Family Portion - Cross
Creek) Final Subdivision Plans (Pizzuti). THIS ITEM WAS PULLED FROM THE
AGENDA BY THE APPLICANT PRIOR TO THE MEETING.
COMMENTS FROM CITIZENS/PUBLIC
Mayor Vandergrift announced that the Police Department has set up a Philip Clayton
Chandler Trust Account for the son of Detective Jim Chandler. Philip was abducted and is
in critical condition in a local hospital. Donations may be made to any Central Florida Barnett
Bank.
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PUBLIC HEARINGS
HUDSON COMMERCIAL SUBDIVISION - PRELIMINARY SUBDIVISION PLAN
Planning Director Behrens read the staff report and advised that the Planning and Zoning
Commission and staff recommended approval. He referred to the staff report submitted by
Janet Resnik, Development Administrator, Concurrency Management and stated that there
are no concurrency issues at this time. Mr. Hudson said he now has a two lot subdivision with
a "T" type turn around. The public hearing was opened and, as no one wished to speak, the
hearing was closed. Commissioner Combs. seconded by Commissioner Woodson. moved to
approve the Preliminary Subdivision Plan of the Hudson Commercial Subdivision. Motion
carried 5-0.
ORDINANCE NO. 93-13, RELATING TO DESIGNATION OF DISTRICTS FOR
RECENT ANNEXATIONS (1992 and 1993 to date).
This ordinance was presented by title for the second reading and public hearing. The public
hearing was opened, and as no one wished to speak, the hearing was closed. Commissioner
Woodson. seconded by Commissioner Foster. moved to adopt Ordinance No. 93-13. On roll
call Commissioner Combs voted "aYe." Commissioner Foster "aye." Commissioner Johnson
"aYe." Commissioner Woodson "aye." and Mayor Vandergrift "aye." Motion carried 5-0.
ORDINANCE NO. 93-14, RELATING TO THE CONDUCT OF CITY ELECTIONS.
City Attorney Rosenthal presented this Ordinance by title and explained that in previous years
the Commission had annually adopted an ordinance setting forth certain election procedures and
that this Ordinance codifies those procedures and also includes any applicable provisions of state
law. The public hearing was opened, and as no one wished to speak, the hearing was closed.
Commissioner Combs. seconded by Commissioner Johnson. moved to adopt Ordinance No.
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Ocoee City Commission Regular Meeting
July 20, 1993
93-14. On roll call Commissioner Combs voted "aYe." Commissioner Foster "aye'"
Commissioner Johnson "aYe." Commissioner Woodson "aye." and Mayor Vandergrift "aye. "
Motion carried 5-0.
OTHER BUSINESS
BID AWARD - CITY HALL/POLICE DEPARTMENT.
Administrative Services Director Beamer directed attention toward the documents distributed
just prior to the meeting which summarized the status of the bid award materials, and advised
that the water/wastewater distribution permits are in hand. Ms. Beamer said also that FDOT
had reviewed the City's applications but then misplaced them and that replacements were en
route to them.
As stated in the staff report the three apparent low bidders were: 1) Huber Design &
Construction Company, Inc., 2) RHS Construction Company Inc., and 3) A.D. Arnold
Construction Company.
Ms. Beamer advised that an estimate had been made on the amount of grout that was used to
repair a fracture of the old city hall in the middle 1980's and bidders had been requested to
include a per unit amount for any grout removed over the estimated amount.
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Ms. Beamer said that C.T. Hsu reviewed the bids and the architect's recommendation to award
bid to Huber Design Construction Company, Inc. is included in the packet provided along with
Huber's references. Ms. Beamer said also for the record that she has no substantial problems
with Huber's bid; and, based upon their correspondence with her, that Huber has included the
items specified in the bid in their schedule of values. It was recommended that Add-Alternates
Nos. 2 (Cupola) and 3(Rooms P129 and P130) (totaling an additional $6,815) be included in the
original orders. Ms. Beamer added that capital charges for the ERU's to connect to the sewer
system would have to be paid as well in order to satisfy the requirements of the City's bond
covenants.
Staff recommends the award to Huber Design & Construction Company, Inc. for $1,677,266
plus Add Alternates 2 ($3,725) and 3 ($3,082) for completion of work within 180 calendar days
after the Notice to Proceed.
Commissioner Foster asked about Alternate 1 (Dormers) as he feels it is necessary to add
something to break up the monotony in the roof and City Manager Shapiro advised that the
majority wished to add the cupola, but that the dormers could be added later if funds were
available.
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Ocoee City Commission Regular Meeting
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Commissioner Combs asked who PEC appointed as the soils engineer and why they could not
give a more complete answer regarding the amount of muck to be removed. Ms. Beamer
advised that L.J. Nodarse & Associates had been appointed and Leila Nodarse was present to
answer questions. Ms. Nodarse said that they have given a conservative estimate of the amount
of muck and that to do any other way would be a disservice to the City. Ms. Nodarse said they
would be present full time to inspect the excavation work and survey the final elevation of the
excavation to determine the base starting point and monitor the fill placement.
Mayor Vandergrift asked if anyone in the audience wished to speak either for or against the
award and there was no response from the audience.
Commissioner Combs. seconded by Commissioner Woodson. moved to award the construction
bid for the City of Ocoee Municipal Complex as recommended by staff to Huber Design &
Construction Company. Inc. for $1.677.266 plus Add Alternates 2 ($3.725) and 3 ($3.082) for
completion of work within 180 calendar days after the Notice to Proceed and to authorize the
Mayor and City Clerk to execute all necessarv documents as included in bid package. Motion
carried 5-0. Commissioner Combs commended Ms. Beamer and staff for a fine job. Following
a discussion regarding the palette, Commissioner Combs. seconded by Commissioner Foster.
moved to accept the palette as presented by staff. Motion carried 5-0.
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APPROVAL AND AUTHORIZATION FOR MAYOR AND CITY CLERK TO EXECUTE
SOILS ANALYSIS CONTRACT DURING CONSTRUCTION.
Mayor Vandergrift asked if there were other bids for this item and he was advised that PEC
had used L.J. Nodarse & Associates to give the soils analysis and it was wise for liability
purposes to stay with the same company. Commissioner Combs asked why it would take 16
hours to inspect the steel. As there was no satisfactory answer given, City Manager Shapiro
suggested that the motion include a provision for a review of the number of hours for steel
inspection. Commissioner Foster. seconded by Commissioner Combs. moved to approve the
Construction Materials Testing Services for City Hall/Police Department with L.J. Nodarse &
Associates. Inc. in the amount of $11.343 subiect to review and possible correction to the
number of hours required for steel inspection and to authorize the Mayor and City Clerk to
execute. Motion carried 5-0.
RECESS 8:40 - 8:50 P.M.
FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM - FISCAL YEARS 1994-1998.
City Manager Shapiro explained that the 5 Year Capital Improvements Program is just a plan
reflecting the department head's projection of the needs for his/her department noting the
priorities and this list has been reviewed by the City Manager and the Planning and Zoning
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Ocoee City Commission Regular Meeting
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Commission. As this is a grading exercise, this review does not automatically place the items
in the budget. The review was completed with few comments and the only change was on page
53 to change White Road Extension to Orlando A venue Extension. Commissioner Johnson.
seconded by Commissioner Combs. moved to approve the 5 Year Capital Improvement Plan
for Fiscal Years 1994-1998 as presented with the one change noted above. Motion carried 5-0.
QUARTERLY REPORT - THIRD QUARTER 1993.
Administrative Services Director Beamer advised that all the explanation regarding revenues
vs expenditures was in the staff report and has been presented for discussion. Commissioner
Woodson asked for the rest of the report on the garage and confirmed that the striping at
Sawmill is scheduled for next week. There was no further discussion in this item.
FY 1993-94 BUDGET.
SET TENTATIVE MILLAGE.
City Manager Shapiro advised that the balanced budget is very close to completion and that it
will be possible to provide good service with 4 mills. Commissioner Combs. seconded by
Commissioner Foster. moved to approve staff recommendation of 4 mills for the proposed
millage rate for Fiscal Year 1993-94 for the purpose of advising the Property Appraiser. Motion
carried 4-1 with Mayor Vandergrift voting no.
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SET BUDGET HEARING DATES.
Commissioner Woodson. seconded by Commissioner Combs. moved to set the following
dates for the reouired budget public hearings: September 13. 1993 for Tentative Millage and
Budget Hearing and September 27. 1993 for the Final Millage and Budget Hearing with both
meetings to begin at 7:00 p.m. Motion carried 5-0.
APPROVAL AND AUTHORIZATION FOR MAYOR AND CITY CLERK TO EXECUTE
HISTORIC PRESERVATION GRANT AWARD AGREEMENT FOR WITHERS-
MAGUIRE HOUSE RESTORATION PROJECT GRANT TO REMOVE EXISTING ROOF
AND RE-ROOF WITH WOOD SHINGLES, REPAIR ELECTRICAL SERVICE, AND
INSTALL SECURITY SYSTEM.
Administrative Services Director Beamer presented the staff report and recommended approval
of the Historic Preservation Grant Award Agreement as well as authorization for the Mayor and
City Clerk to execute the necessary documents. Mavor Vanden!rift. seconded by
Commissioner Woodson. moved to approve staff recommendation. Motion carried 5-0.
Mayor Vandergrift suggested finding donors to donate for the rooms as he would like to speed
up the process and have the building ready for use.
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Ocoee City Commission Regular Meeting
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APPROVAL OF EMPLOYEE CONTRACT - RUSS WAGNER; AND AUTHORIZATION
TO TRANSFER $12,500 FROM CONTINGENCY TO PLANNING DEPARTMENT
ACCOUNT NUMBER 001-515-3128, PROFESSIONAL SERVICES - OTHER.
City Manager Shapiro explained that there are two major jobs in the Planning Department
which must be finished in the next 90 days and that Mr. Wagner is available to work on a
temporary basis to complete the project. Commissioner Johnson. seconded by Commissioner
Combs. moved to approve the employee contract with Mr. Russ Wagner and authorize the
transfer of $12.500 from Contingency to the Planning Department Account Number 001-515-
3128. Professional Services-Other. Motion carried 5-0.
APPOINTMENTS TO BOARDS.
CODE ENFORCEMENT BOARD - Mark Slaby was moved to regular seat - Need someone
to complete his term as alternate which expires 1995. Commissioner Johnson. seconded by
Commissioner Combs. moved to table this item until the next meeting. Motion carried 5-0.
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PLANNING AND ZONING COMMISSION - Gerald Weeks: 3 year term expires August
1993.
As Mr. Weeks had requested that he not be reappointed, Commissioner Johnson. seconded by
Commissioner Woodson. moved to appoint Louis Landefeld to fill Mr. Weeks' position on this
Commission. Motion carried 5-0.
APPROVAL AND AUTHORIZATION FOR MAYOR AND CITY CLERK TO EXECUTE
A TWO-YEAR EXTENSION FOR THE EXISTING COMMERCIAL GARBAGE
COLLECTION FRANCHISE AGREEMENT WITH IWS, EFFECTIVE OCTOBER 16,
1993.
City Manager Shapiro explained that there is a provision in the contract with IWS that the
contract may be extended for an additional two years commencing with the expiration of the
initial three year term, but that should either party wish to not extend the contract they shall
provide written notice of such intent to the other party no later than ninety days before the
termination date of the franchise. Public Works Director Brenner has been pleased with the
service provided by IWS and recommends the extension. City Attorney Rosenthal explained
the details of such extension, noting that this was designed to save the cost of going out for
RFP's if the service has proved to be satisfactory.
Mr. George Geletko, 399 Cypress Points Drive, Melbourne, spoke representing Waste
Management, and after distributing a comparison sheet showing their rates vs other companies
he asked for an opportunity to RFP for this service.
Mr. Doug Wilson, 1704 Ison Lane, spoke in favor of not renewing the contract with IWS and
he compared the price provided for Maitland with the price here.
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Ocoee City Commission Regular Meeting
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Public Works Director Brenner advised that in Mr. Geletko' s comparison sheet there are
differences in several areas that cause the comparison to be not valid, as the factors used are not
equal.
City Manager Shapiro said that every city has differences, and he requested time to review the
material presented and see what the market area offers.
Mr. Charles Wilson, General Manager, IWS, said that Mr. Doug Wilson is comparing apples
with oranges when he compares the Maitland service area with Ocoee, as Maitland is compact,
and the City pays him with one check so he has no billing or bad debts, nor does he have any
of the costs associated with those things.
City Attorney Rosenthal advised the proper wording of the motion so that the contract will not
be violated.
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Commissioner Woodson. seconded by Commissioner Johnson. moved to give IWS. Inc. a
notice of intent to terminate its contract for commercial garbage collection pursuant to the
provisions of such contract and agenda the matter for further consideration at the August 3. 1993
City Commission Meeting specifically reserving the right to revoke the notice of intent to
terminate and to grant the two year extension of the contract pursuant to the terms thereof.
Motion carried 5-0.
STAFF REPORTS
City Manager Shapiro expressed his appreciation to Commission, staff and neighbors for the
instant concern and help extended to himself and his family during the recent burning of his
vehicle and garage.
COMMENTS FROM COMMISSIONERS
Each member of the commission expressed concern and requested prayers for Jim Chandler's
family in this time of distress.
Commissioner Woodson: Sidewalks on Bluford Av. and Orlando Av. need to be edged.
Commissioner Combs: Noted that Mayor Vandergrift did not make the top 10 in Radio
Station 105.7' s Famous Person contest.
Commissioner Foster: No comment at this time.
Commissioner Johnson: Pointed out that he has been trying for three years to get some
help for the drainage problem on Kimball.
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Ocoee City Commission Regular l\1eeting
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Mayor Vander~ift:
In light of the recent headlines, he reminded all citizens to be
careful,
ADJOURNMENT
The meeting adjourned at 10:40 p.m.
Attest:
APPROVED:
City of Ocoee
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