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.
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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.
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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
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Ocoee City Commission Regular Meeting
~ February 21, 1995
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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.
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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.
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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
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Ocoee City Commission Regular Meeting
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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.
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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:
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Ocoee City Commission Regular Meeting
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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.
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Ocoee City Commission Regular Meeting
"" February 21, 1995
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ADJOURNMENT
The meeting adjourned at 10:43 p.m.
Attest:
Je
APPROVED
City of Ocoee
;5.$;zt-~
S. Scott Vandergrift, Mayor
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