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HomeMy WebLinkAbout02-21-95 MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR '--" MEETING HELD February 21, 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 the prayer and Mrs. Frances Watts 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/Utilities Director Shira, Building Official Flippen, and City Clerk Grafton. ABSENT: None. '-' PRESENTATIONS AND PROCLAMATIONS ORLANDO SCIENCE CENTER - JOSEPH E. FOSTER, Akerman, Senterfitt & Eidson. Mr. Foster, 810 E. Rollins Street, Orlando, talked about the need for the new science center which will be completed in March 1997 and introduced Mrs. Jan Donlan who spoke regarding the funding. Ms. Donlan said that they have $34M of the $45M needed to complete the project. Ms. Sandra Quinn explained the scope of the project and then the three responded to questions. The Center's phone number, 896-7151, was announced so that those in the TV audience could call in for information. When Ms. Quinn directed attention to the model of the Science Center on display Mayor Vandergrift asked for that part of the presentation to be continued during the recess at 8:30 p.m. so that citizens could see it as well. During the recess Ms. Quinn completed the presentation. Mr. Foster pointed out that donations are tax deductible and welcome from citizens as well as government entities. PROCLAMATION: Mayor Vandergrift read the following proclamations: (1) Florida Daughters of the American Revolution Centennial Weekend - March 10 -13, 1995, and (2) Holocaust Memorial Resource and Education Center of Central Florida, Days of Remembrance - Yom Hashoah - April 30, 1995. CONSENT AGENDA The consent agenda consisted of items A and B. City Manager Shapiro pulled item B - Acceptance and Approval of Reflections Unit I - Final Plat for consideration at a later meeting. Mayor Vanderlffift. seconded by Commissioner Johnson. moved to approve and accept item A of the consent ae:enda as presented. Motion carried 5-0. A. Acceptance and Approval of Minutes of the Re~lar Meetin~ held February 7. 1995. COMMENTS FROM CITIZENS/PUBLIC There were no comments from citizens at this time. '-' PUBLIC HEARINGS Ocoee City Commission Regular Meeting '-' February 21, 1995 There were no scheduled public hearings for this meeting. OTHER BUSINESS FIRST READING OF ORDINANCES. SECOND READINGS AND PUBLIC HEARINGS ARE SCHEDULED FOR MARCH 7,1995 AT 7:30 P.M. ORDINANCE NO. 95-04, HYSELL ANNEXATION. This ordinance was presented by title only for the first reading. Mayor Vandergrift announced the time and place of the second reading and public hearing. ORDINANCE NO. 95-05, HYSELL ZONING. This ordinance was presented by title only for the first reading. Mayor Vandergrift announced the time and place of the second reading and public hearing. ORDINANCE NO. 95-06, AMENDING CHAPTER 7, ENFORCEMENT OF CODE. This ordinance was presented by title only for the first reading. Mayor Vandergrift announced the time and place of the second reading and public hearing. '-' ORDINANCE NO. 95-07, USE OF GARBAGE CARTS FOR RESIDENTIAL SOLID WASTE COLLECTION. This ordinance was presented by title only for the first reading. Mayor Vandergrift announced the time and place of the second reading and public hearing. RECESS 8:10 P.M. TO 8:25 P.M. It was during this recess that the presentation on the Orlando Science Center was completed. DISCUSSION RE: ESTABLISHING EQUITY STUDY COMMISSION FOR OCCUPATIONAL LICENSING. Administrative Services Director Beamer presented the staff report, explaining that the state has had control over occupational licenses for many years but that Chapter 205 Florida Statutes as amended in May 1993 now allows home rule. The statute requires that certain steps be taken in order to bring this about, and among those steps is the establishing of an Occupational License Tax Equity Study Commission. Apopka, Orlando and Winter Park, as well as Orange County, have already appointed their study commissions and changed their ordinances as provided in the amendment. Ms. Beamer recommended a 5 member commission be appointed to hold meetings to review the existing occupational licensing categories along with the fee structure and make recommendations to City Commission. Ms. Beamer pointed out that the commission will be subject to the Sunshine Law, that the meetings will be recorded and minutes transcribed. Commissioner Johnson said that he wants to be sure that the City's rates are in line with surrounding municipalities rather than the highest in the area. Mayor Vandergrift noted that he took exception to the fact that Orange County had acted without notifying the City that the '-' 2 Ocoee City Commission Regular Meeting ~ February 21, 1995 '-' '-' process would be different this year and the City had not received an expected $39,000. Commissioner Gleason stated for the record, "Orange County has not taken anything from us, we have done it to ourselves, because we were not in a position to be prepared when this thing went into effect. " Ms. Beamer said that none of the fees would be changed for fiscal year 1994-95. Commissioner Gleason. seconded by Commissioner Johnson. moved to approve the necessary tasks for the review of the Occupational Licensinl! classifications and tax structure and establish a 5 member Eauity Study Commission for the City of Ocoee. to come back to this Commission for action by May 2. 1995. Motion carried 5-0. In the discussion which followed regarding the appointments of citizens, Commissioner Gleason said that Jim Grant of Homart has asked to be appointed. Commissioner Glass asked that press releases be prepared and he announced both his home and business phone numbers so that citizens could contact him to volunteer. Appointments to this commission will be made at the March 7 regular City Commission Meeting. Mr. R.P. Mohnacky asked where this originated, and said that there are plenty of representatives in the state and someone should have advised the City. Commissioner Foster remarked that there has been a lot of finger pointing, but it will be necessary to bite the bullet where the $30,000 is concerned, as there is no way to retrieve it. AWARD TO MITCHELL BUILDERS FOR PHASE 3 FOR WITHERS-MAGUIRE HOUSE. Administrative Services Director Beamer presented the staff report and recommended that the Historical Commission funds be left intact for furniture and wallpaper rather than joining them together with the grant monies. Mayor Vandergrift invited Betty Irvine, Chairman of the Historical Commission to speak. Mrs. Irvine invited everyone to the Arts & Crafts show April 22 and said she was disappointed that the additional $26,000 was needed, that other required changes were necessary, and that there was an override. She said she hoped that future estimates should be a little closer. City Manager Shapiro said for the record, "On these type of things when you are reconditioning a house, it is impossible to come up with more accurate figures until you get inside the building itself and open the beams you can't see what you gotta do, in fact, the exterior was off by more percentage than the interior because of what they found in the bottom braces and the roofing. So this is the best you can expect until you actually spend some money and hire a person to go inside and take a look. " In response to Commissioner Gleason's request for clarification regarding the money, Mr. Shapiro stated for the record, " You are not having to gain any further revenue, all you are doing is moving the appropriation that was left; it will be a different line item." Commissioner Foster. seconded by Commissioner Johnson. moved to (1) accept the modifications to the project manual as detailed by Earle Mitchell in his letter dated February 10. 1995 (includinl! the deletion of any workinl! fireplaces). (2) aoprove the contract with Mitchell Buildin1! Contractors. Inc. in the amount of $206.065.00 to be completed in 150 days for Renovation to the Withers-Mal!Uire House Phase 3. and (3) authorize the Mayor and City Clerk to execute. Motion carried 5-0. 3 Ocoee City Commission Regular Meeting "-' February 21, 1995 DISCUSSION RE: WATER SUPPLY WELLS - EVALUATION OF CONSTRUCTION BIDS. City Engineer Shira gave the staff report, the history regarding Forest Oaks water supply, and his recommendation. Tom Kelley, PEC, 200 E. Robinson Street, Orlando, said that neither the City nor PEC were involved in the construction or inspections of the wells constructed at Forest Oaks by Meridith Associates under a developer's agreement with several different developers and the City. One of the problems at that location was probably that it was at the edge of an old collapse zone that may be associated with several of the lakes. Mr. Kelley described the precautions that must be taken to accommodate such circumstances and said that those precautions had been incorporated into the design of the proposed wells. ~ After considerable discussion regarding the location of wells and interconnecting with other systems, Commissioner Foster. seconded by Commissioner Glass. moved to fmd Meridith Associates. Ltd. a non-responsible bidder due to the repeated poor performances on other projects. and reject the bid submitted by Meridith Associates. Ltd. and to award the bid to Diversified Drillinl! corporation as the lowest responsible bidder in the amount of $417.002.00. and to authorize the Mayor and City Clerk to execute the Al!reement with Diversified Drillinl! Corporation for the construction of two water supply wells in accordance with their bid dated February 2. 1995. Motion carried 5-0. Mayor Vandergrift stated for the record that Meridith Associates had been notified of this meeting and were unresponsive. RECESS 9:55 P.M. TO 10:05 P.M. APPOINTMENTS TO BOARDS. Recreation Advisory Board. Deana Tripp resigned - term expires May 1995. Commissioner Johnson. seconded by Commissioner Glass. moved to appoint Carleen Bryant to complete Ileana Tripp's unexpired term on the Recreation Advisory Board and to serve an additional term endinl! May 1997. Motion carried 5-0. Planning and Zoning Commission. Jim Swickerath resigned - term expires July 1996. Commissioner Foster. seconded by Commissioner Johnson. moved to appoint Bob Williams to complete Jim Swickerath's unexpired term. Motion lost 3-2 with Mayor Vanderl!rift. Commissioner Glass and Commissioner Gleason votinl! "no" and Commissioner Foster and Commissioner Johnson votinl! "ves." Commissioner Glass. seconded by Commissioner Johnson. moved to appoint Alternate Glenda Hopkins to complete Jim Swickerath's unexpired ~ 4 Ocoee City Commission Regular Meeting ........ February 21, 1995 term to July 1996 and to appoint Bob Williams to complete Alternate Glenda Hopkins' unexpired term to February 1996. Motion carried 5-0. General Employees' Retirement Trust Fund Board. (No applications) - Mickey Shiver resigned - term expires October 1995. There were no nominees and Mayor Vandergrift tabled this item until the March 7, 1995 meeting. Police Department Citizens Advisory Council. Additional member application. Commissioner Johnson. seconded by Commissioner Glass. moved to appoint Ed Dorfman to serve a three year term on the Police Department Citizens Advisory Council. said term endinl! March 1998. Motion carried 5-0. STAFF REPORTS There were no staff reports at this time. '-' COMMENTS FROM COMMISSIONERS Commissioner Johnson: 1) Asked about the findings on the Sullivan Street drainage ditch in Brentwood Subdivision. It is ours to maintain and we will. but will not pipe it in. 2) Asked about the progress on the recreation building. Should be on the next al!enda for the design and build process for a metal building. 3) Asked for update on Amber Ridge situation. Meeting again Thursday. The developer will be taking care of the underdrain that was designed but not placed under the street. Will wait thirty days and City has agreed to pay 1/3 of the cost of the underdrains in that area. The City took over the land around Ocoee-CLARCONA Road and resolution re: who will take care of it (County or City) will be made Thursday. The groundwater table at the golf course and the fact that we are spraying effluent there may be causing a problem and Jammal & Associates have been hired to study and give a report. 4) Said that all the dirt is washing away from the well at Starke Lake. 5) Asked that someone monitor to be sure the landscaping is done around Winn Dixie. MAYOR VANDERGRIFT ANNOUNCED HERE THAT HE WILL BE OUT OF TOWN NEXT WEEK AND ASKED COMMISSIONER JOHNSON TO STAND IN FOR HIM AT THE FAIR OPENING, WEST ORANGE CHAMBER FUNCTION, AND WINDY RIDGE SCHOOL MICRO SOCIETY (NEED SOMEONE TO SPEAK TO THEM). Commissioner Foster: No comments at this time. Commissioner Glass: '-" 5 Ocoee City Commission Regular Meeting '-" February 21, 1995 \..,.. '-' 1) Said Mayor Vandergrift had asked him to check into the process used by City of Orlando for the mayor to meet with commissioners. He discussed this with City Clerk Chewning and she advised that the City has taken the position that the meetings are posted 24 hours in advance and minutes are taken, but he feels that their minutes are not complying with the Sunshine Law. City Manager Shapiro advised that in response to Commissioner Gleason's request. a seminar on the Sunshine Law will be scheduled within the next two months. City Attorney Rosenthal advised that meetings between the Commissioners should be coordinated with himself and the City Clerk so that proper postinl! and staff support can be scheduled. 2) Thanked Cub Scout Pack 217 for inviting him to their Blue and Gold Banquet. 3) Thanked the purchasers of Girl Scout cookies. 4) Echoed Commissioner Johnson's position on taxing (occupational licensing) and thinks equity should be accomplished. 5) Said he thinks the Mayor's proposal to have telephone call in service during the Commission meetings is a good idea. Shapiro said we could budget to use staff after mid year. Mayor will work on having volunteers for March 7. Commissioner Gleason: 1) Remarked that he had said it would be nice to have analysis of developer's history when they come before Commission and was told that would make us liable for a problem but he noticed that the City did not hesitate to do background research when they were preparing to spend their own money. Shapiro responded that he had not said we could not do it. lust that we could be liable and should use caution. Mayor Vander.:rift: 1) Before the Reflections Unit I - Final Plat was removed from the consent agenda he had several questions: 1) Grass along the roadway should be required if it is not. 2) How will the tree ordinance be handled? 3) What about the second entrance? 2) Street signs are getting shorter leaving them open for vandalism. Wants numbering system on them as the grid should be right at least in the newer sections. Also wants to put something significant on the signs. 3) Wants to stack signs. 4) Suggested that it would be better to wait until the Public Works department is moved to deal with the above ground tanks. Ms. Beamer responded that we are past the time when we have to take out underground tanks. The above l!round tanks will be moved and the island removed. 5) Said the minutes of the previous meeting contained editorial comments which were insulting to the Ocoee Rent-a-Choir and to prove the comments were untrue he asked the choir to sing Happy Birthday to City Clerk Grafton. The resulting remarks from observers confirmed that the clerk's minutes reflected statements of fact rather than editorial comment. 6 Ocoee City Commission Regular Meeting "" February 21, 1995 '-' "-" ADJOURNMENT The meeting adjourned at 10:43 p.m. Attest: Je APPROVED City of Ocoee ;5.$;zt-~ S. Scott Vandergrift, Mayor 7