Loading...
HomeMy WebLinkAbout09-07-93 MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR ~ MEETING HELD September 7, 1993 CALL TO ORDER Mayor Vandergrift called the regular meeting of the Ocoee Board of City Commissioners to order at 7:38 p.m. in the commission chambers. (The opening of the meeting was delayed due to an accident in the parking lot involving Commissioner Johnson's vehicle.) The opening prayer was led by Pastor Charles Story, Bride of Christ Church, and the pledge of allegiance was led by Mrs. Frances Watts. 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, City Engineer/Utilities Director Shira, Administrative Services Director Beamer (arrived at 8:35 p.m.), Public Works Director Brenner, Planning Director Behrens, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Proclamation-Red Ribbon Week October 23-31 was read in its entirety. '-' CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, G, H, I, J, K and L. Commissioner Woodson, referring to item B, expressed concern about changing the polling place and wished to determine that there was easy access for both districts. Mayor Vandergrift was concerned that there would be enough parking area and that the change would confuse the voters. Fire Station #2 is more easily accessible than the Spring Lake School Library which was used last year and also provides more parking area as it is next to Vignetti Park. Each affected registered voter will receive a notice in the mail of the change in polling place and it will be advertised in the newspaper. Commissioner Woodson, referring to item H, noted that on lots 7 and 8 of the Twin Lakes Final Plat the easements take up most of the lot. City EnlPneer Shira advised that the storm drain. sanitary sewer and force main easements were in place before the platting was designed. He added that. although the kind of house the developer wants to build may not fit on the lot. those are buildable lots. Mayor Vandergrift raised questions on each consent agenda item as follows: 1) Item D-use of forfeiture funds for juvenile drug reduction. Does the school resource officer have adequate pamphlets and fliers. Police Chief Boyd responded that he does. 2) Item E-repair of lightning damage to standby generators. What has been done to protect in the future? It cannot be prevented. 3) Item F-one-year extension for Plantation Grove PUD proposed commercial shopping center. Asked for explanation. City Mana~er Shapiro advised that the Publix Shopping Center. '--' the primary renter of the site on Maguire Road. had to make a decision whether they wished to "'-' Ocoee City Commission Regular Meeting September 7, 1993 be on the four corners intersection at Apopka-Vineland and Conroy Windermere Roads to use that neighborhood for their store or on Maguire Road. Thev have now made their decision based on a study that took the better part of a year and need more time to get started with the proiect on Maguire Road. 4) Item G-second developer agreement for Westridge PUD. Asked if the City could not collect the taxes on the property if this extension is granted. City Attorney Rosenthal explained that taxes have nothing to do with this developer agreement as this relates to a revised land use plan approved last year by Commission and since then the property was foreclosed and the original owner took it back. This is the documentation of conditions of approval imposed by Commission to get recorded in public records so that future owners of this parcel will know what the governmental regulations are. 5) Item I-surplus property. Will the auction be advertised? Yes. Who is the auctioneer? Ken Fisher. There will be viewing time before the auction. At this point discussion ensued regarding the meaning and use of a consent agenda and Mayor Vandergrift continued with his questions: '-" 6) Item J-work order for Withers-Maguire House. How much was the total? $25.500. Can there be tours during the festival? No. it will be a worksite. 7) Item K -Clarke Road construction administration contract with PEC. Thought we had received all the bills on Clarke Road. This was the final bill for work that was done at our request to be able to be finished with the intersection improvements. NOTE: Commissioner Johnson had been in the parking lot briefly and upon returning to the room advised Mayor Vandergrift that a blue car had just floated into the mayor's car due to the heavy rain. Mavor Vanderl!I"ift. seconded bv Commissioner Foster. moved to accept the consent agenda as presented. Motion carried 5-0. The consent agenda: B. Acceptance and Approval of Minutes of Rea:ular Commission Meetinl: of Au~ust 17. 1993. Budget Workshop Sessions of Aua:ust 18 and Au~ust 19. 1993. Approval and Authorization for City Clerk to Change Pollina: Place for District 4 in the Municipal Stand Alone Elections. Approval and Authorization for Mayor and City Clerk to Execute Vote Processin~ Equipment Use Al:l"eement and Election Contract with Betty Carter. Supervisor of Elections. Approval and Authorization for Use of Forfeiture Funds for Juvenile Dru~ Reduction. A. C. D. '-' 2 Ocoee City Commission Regular Meeting \..r September 7, 1993 E. Approval and Authorization for Transfer from Contin~encv Repair of Lil:htnin~ Dama~e to Standby Generators. F. Approval and Authorization for One-Year Extension for Final Subdivision Plans for Plantation Grove PUD Proposed Commercial Shoppin~ Center. G. Approval and Authorization for Mayor and City Clerk to Execute Second Developer A~reement for W estrid~e PUD. H. Approval and Acceptance of Twin Lakes Woods Final Plat. 1. Approval and Acceptance of Declaration of Surplus Equipment and Notice of Auction. J. Consideration of Chalmers Yeildin~ Architect. Work Order #10 (Withers- Mal:Uire House Restoration). K. Approval and Acceptance of Clarke Road - Construction Administration Contract with PEC. L. Approval and Authorization for St. Paul's Presbyterian Church Request for Sixty Day Extension of Special Exception. ~ COMMENTS FROM CITIZENS/PUBLIC At Mayor Vandergrift's request Mr. J.W. Taylor, General Manager of CVI appeared in order to respond to questions regarding the recent acquisition of Telesat by CVI. Commissioner Johnson expressed dissatisfaction about the rate change. Mr. Taylor advised that they would have preferred to have more time to notify customers about the change but that the FCC moved the date of the change forward from October 1 to September 1 and they had no choice. There were questions from the audience and Commission to which Mr. Taylor responded. Mrs. Kathy Van Wie, 1309 Hawthorne Cove Drive, Ocoee, asked that something be done about the drainage culverts in the retention area and streets of Lake Olympia Subdivision, as the openings are large enough to be a danger for children. City Mana~er Shapiro advised that City Engineer Shira is working on a solution. Mr. Thomas J. Prebee, 1004 Jamela Drive, Ocoee, pointed out that the current policy of not picking up garbage on holidays is unfair to those who have Monday and Thursday service as most holidays fall on Monday. He stated that on July 5 he expected the holiday to be observed as usual and it was not, and that caused some consternation in his neighborhood. Mr. Prebee asked that the City be consistent and that a solution be found to this problem, as citizens place their garbage outside and it is scattered streetwide when it is not picked up. Mr. Shapiro advised that there had been many calls regarding this issue and the pickup is scheduled according to whether the County transfer station and landfill facilities are open to receive the refuse as the City has no place to dump otherwise. '--" 3 Ocoee City Commission Regular Meeting ~ September 7, 1993 Mr. Prebee asked also about the regulations regarding the parking of RV's and boats. Mr. Shapiro advised Mr. Prebee to contact the Building Official's office and the Code Enforcement Officer would check into any reported problem as the law requires that RV's and boats be parked in certain locations on property. Mrs. Frances Watts, 43 Shell Key Court, Ocoee, pointed out that the City's regulations concerning garbage service require that the refuse be placed in closed animal proof containers, and she asked if the City has considered getting containers similar to those used in Winter Garden. City Mana2er Shapiro advised that it was planned to do iust that as soon as the trucks were paid for and one more is purchased. Note: Administrative Services Director Beamer arrived at this point in the meeting. (8:35 p.m.) RECESS 8:40 P.M. TO 8:50 P.M. PUBLIC HEARINGS Ordinance No. 93-15, relating to BellSouth Franchise. 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 Combs. seconded bv Commissioner Johnson. moved to enact Ordinance No. 93-15. relating to the BellSouth Franchise. On roll call Commissioner Combs voted "ave. " Commissioner Foster "ave." Commissioner Johnson "ave." Commissioner Woodson "ave." and Mavor Vandergrift "ave." Motion carried 5-0. OTHER BUSINESS Resolution No. 93-09, relating to Job Descriptions. This Resolution was presented by title. Commissioner Woodson. seconded bv Commissioner Combs. moved to adopt Resolution No. 93-09. relating to iob descriptions for Caoital Proiect/Concurrencv Analvst. Clerk Stenographer. Economic Development Coordinator. and Zoning Coordinator. Motion carried 5-0. APPOINTMENTS TO BOARDS. Planning and Zoning Commission. Commissioner Johnson. seconded bv Commissioner Combs. moved to aoooint Mr. Dan Draia to complete Mr. Landefeld's term as alternate member on the Planning and Zoning Commission. said term to expire February 1996. There followed a discussion during which Mr. Mark Slaby addressed Commission requesting that his resignation from Code Enforcement be accepted in '-' 4 ~ Ocoee City Commission Regular Meeting September 7, 1993 order for him to be considered for the position instead. Commissioner Johnson did not wish to withdraw his motion. The motion as stated carried 5-0. Code Enforcement Board - Mark Slaby was moved to regular seat July 6,1993. Need appointment to complete his term as alternate which expires 1995. This item was tabled at the August 3, 1993 regular meeting and as there have been no new applications received from citizens desiring to serve on this board, by consensus this item was not removed from the table. General Employee Pension Board - Paul Lewis' two year term as Trustee expires October 12, 1993. Commissioner Combs. seconded bv Commissioner Johnson. moved to reappoint Mr. Paul Lewis for another two year term as trustee for the General Emplovee Pension Board. Motion carried 5-0. Mayor Vandergrift requested that Mr. Lewis complete an application for the file. '-' Award of the One-Person Recycling Truck and Adoption of Resolution No. 93-10. Administrative Services Director Beamer reviewed the staff report, noting that all bids contained technicalities, and recommended waiving technicalities. Ms. Beamer advised that the notice of the recommendation and the date/time of the possible award has been sent to each bidder with notice that any protest must be in writing to the Administrative Services Director. To date one protest has been received and this is from Solid Waste and Recovery Systems, Inc. Mayor Vandergrift asked if anyone present wished to comment or protest. There was no response from the audience. City Attorney Rosenthal read the title of Resolution No. 93-10, approving an equipment lease/purchase agreement with Liberty National Bank and Trust Company of Louisville and designating it as a qualified tax-exempt obligation. Mr. Rosenthal pointed out that Solid Waste and Recovery Systems, Inc. did not include what they objected to in their protest and are not present to speak to the issue. Following a brief discussion on the details of the mileage and capabilities of the truck, Commissioner Woodson. seconded bv Commissioner Foster. moved to (1) waive all technicalities so as to consider all bids submitted. (2) award Bid Number B93-011 the One- Person Recvcling Truck to the Demoster Comoanv (1992 Demoster Recvcling Truck) for $72.500. (3) award the leasing agreement to Libertv National Leasing Company for four years at $4.984.50 auarterlv payments in advance and an interest rate of 5.21 %. (4) adopt Resolution No. 93-10 which authorizes the ourchase. and (5) authorize the Mavor and City Clerk to execute all necessarv documents. Motion carried 5-0. ~ 5 ~ Ocoee City Commission Regular Meeting September 7, 1993 STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Woodson: 1) Mrs. Reese, 300 Lakeshore Drive, reported to him that a boat was pushing lily pads into her area and he asked if the agency that is scheduled to remove the hyacinths from Starke Lake has started already. Public Works Director Brenner will call the County and find out when this is scheduled. 2) Advised that October 1 is the end of the time for summer attire for Commissioners at the meetings, not September 1 (as believed by Commissioner Combs). 3) Asked Public Works Director Brenner about the progress on sidewalks on Orlando. Public Works Director Brenner advised that he had been told that they were finished, but he would check it out Wednesday. '-" Commissioner Combs: 1) Asked that the restoration of the grounds will be closely monitored for whatever is going on at Orlando Avenue. 2) Suggested that Mayor Vandergrift could review the consent agenda with staff prior to the meeting instead of taking the time in open meeting, as the type of discussion entered into tonight defeats the purpose of a consent agenda. Commissioner Foster: No comments at this time. Commissioner Johnson: 1) Asked for a turn arrow at Silver Star Road/Clarke Road intersection. City Mana~er Shapiro advised that this is a state decision but he would check out the possibilities. Mayor Vanderwift: 1) Asked if the paving on Clarke Road was a special surface as it is dryer than other streets; he suggested that such a substance be used in resurfacing. Public Works Director said that this type of aggregate is not apl'ropriate for resurfacing. 2) Wants a policy/ordinance or engineering decision on culverts or street drain openings that children can get in. City Mana~er Shapiro will report on this. 3) Requested discussion on a letter he had distributed to Commission which he prepared to send to Supervisor of Elections Betty Carter in response to her position regarding municipal elections. Citv Manal:er Shapiro said that Florida League is researching for another solution to the problem and that we should discuss this with other cities. City Attorney Rosenthal advised that Orlando has determined that there will be no basis for legal action against Ms. Carter's position. \wr 6 Ocoee City Commission Regular Meeting ~ September 7, 1993 4) Asked about the signs on Clarke Road. Mr. Brenner said the state can do 3 line signs and we had requested 6 lines. that we need to adiust and get back with them. Mayor Vandergrift suggested going to tree signs instead of large ones. 5) Asked for progress report on City Hall. Architect and Contractor will be in scheduling conference on Wednesday and work should begin shortly thereafter. 6) Announced Commissioner Woodson's appointment to Florida League of Cities Ethics and Personnel policy committee for 1993-94. ADJOURNMENT The meeting adjourned at 9:55 p.m. APPROVED: City of Ocoee ,:1--' ~ '-' 7