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HomeMy WebLinkAbout10-02-96 MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD OCTOBER 2, 1996 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commISSIon chambers. Commissioner Anderson led in prayer and Mrs. Frances Watts led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer Shira, Building Official Flippen, Public Works Director Corwin, Recreation Director Beech, PPTD Supervisor Elmore, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS PROCLAMATION - Fire Prevention Week - October 6 - 12, 1996. Mayor Vandergrift read the Proclamation proclaiming Fire Prevention Week October 6 -12, 1996 and presented it to Fire Chief Strosnider. Chief Strosnider expressed his appreciation and invited all to come to the Mall on October 12, 1996 to view an exhibit on fire prevention and see the new fire truck. There were 10 Firefighters present with Chief Strosnider to accept the proclamation. PRESENTATIONS 1996 HEALTHY CHOICE AMERICAN HEART WALK - Ms. JUNIECE CARYL, WEST ORANGE DIVISION DIRECTOR, AMERICAN HEART ASSOCIATION. Ms. Juniece Caryl, division director of American Heart Association, announced the annual American Heart Walk scheduled for Saturday, October 5, beginning at the County line of the West Orange Trail. Ms. Caryl advised that the City of Winter Garden has challenged Ocoee to match their $500 donation to the American Heart Walk. Mayor Vanderlrrift. seconded by Commissioner Glass. moved to match Winter Garden's grant of $500 to the American Heart Association with the funds to be drawn from the Community Promotion Fund. Motion carried 5-0. ROTARY BICYCLE SAFETY FEST - MR. IRVIN STEVENS, PRESIDENT, OCOEE ROTARY CLUB. Mr. Irvin J. Stevens, president Ocoee Rotary Club, asked for a $500 grant for the Rotary Bicycle Safety Fest scheduled for October 26, advising that the Fire and Police Chiefs had both issued a challenge to the City Commission to support the Safety Fest. Commissioner Anderson. seconded by Commissioner Glass. moved to grant $500 to the Ocoee Rotarv Club for the Bicycle Safety Fest. with the funds to be drawn from the Community Promotion Fund. Motion carried 5-0. ODYSSEY OF THE MIND PROGRAM, OCOEE MIDDLE SCHOOL - Ms. BARBARA PENNINGTON, COORDINATOR. Mrs. Pennington was not present due to a conflict in schedules; however, she had appeared before the City Commission requesting sponsorship for the Odyssey of the Mind Program in Ocoee City Commission Regular Meeting October 2, 1996 April of 1996 and she had been directed to return during this fiscal year to present her request for 2 sponsorships and an additional $95 to cover the shortage in another sponsor's donation to complete the amount needed for their proposed team registration. Commissioner Gleason. seconded by Commissioner Anderson, moved to grant 2 sponsorships for the Odyssey of the Mind Program at $345 each and cover the $95 shortage in another soonsor's donation for a total grant of $785. Motion carried 5-0. CERTIFICATE - STORMWATER TECHNICIAN LEVEL "B" TO BUDDY ELMORE, SUPERVISOR. Public Works Director Corwin presented to PPTD Supervisor Buddy Elmore the Certificate for Stormwater Technician Level fiB" he had earned and he expressed appreciation for Mr. Elmore's continuing efforts to raise the standard of service to the citizens. NON-AGENDA ITEM Mrs. Evelyn Spangenberg introduced her daughter, Teresa, who had been awarded the title of "Junior Miss Ocoee." Mrs. Spangenberg announced that Teresa was competing for the Junior Miss America title and asked that citizens who wished to buy ads to support her campaign contact her at 656-1638. While her mother was speaking, Teresa walked through the audience and shook hands with each citizen present. CONSENT AGENDA The consent agenda consisted of items A and B. Commissioner Glass. seconded by Commissioner Johnson. moved to aoprove the consent agenda as presented. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Re2Ular Meetin~ of September 17. 1996 and Special Bud~et Session of September 18. 1996. Approval and Authorization for Mayor and City Clerk to execute Cross Creek Phase II Subdivision Final Plat. B. COMMENTS FROM CITIZENS/PUBLIC Mrs. Marie Delaney, 602 Starke Lake Circle, addressed the Commission about a single family residence at 604 Starke Lake Circle housing possibly more than 2 families, pointing out that there were many vehicles, many adults, and many children. Building Official Flippen read a list of complaints about that same address (some of which were unfounded) that had been investigated by former Code Enforcement Officer Braddy and Code Enforcement Officer Simon. City Manager Shapiro said that he could see a pattern of multiple violations which had been referred to Code Enforcement over a period of time and he will see that the Police officers spend more time on this issue than they have in the past. 2 Ocoee City Commission Regular Meeting October 2, 1996 PUBLIC HEARINGS Senior Program (Over 65) City Manager Shapiro advised that this item was placed on the agenda as a result of discussions during the budget public hearings when it was determined that the Senior Program would be placed on the first agenda in the fiscal year. Commissioner Anderson. seconded by Commissioner Johnson. moved to transfer $175,000 from Contingency Fund to the appropriate line item to fund the Senior Program for fiscal year 1996-97. Following lengthy discussion. during which the public hearing was held, motion carried 3-2 with Commissioners Glass and Gleason voting no. Commissioner Gleason. seconded by Commissioner Johnson. moved to amend the main motion by (1) eliminating the ad valorem tax rebate, (2) adding that anyone not eligible as of today would no longer be eligible to participate in the Program. and (3) that a resolution be brought back at the next City Commission meeting for an advertised public hearing to formally adopt those changes. Motion to amend lost 3-2 with Commissioners Glass and Gleason voting ~ During this discussion City Attorney Rosenthal said that in order to make any changes to the adopting Resolution it would be necessary to adopt an amending resolution at a second advertised public hearing at which the specific changes being made would be announced. He said, in addition, that some aspects of the Program are legal if the residency requirements were eliminated, and, to the extent that saying that no one else can register for the program, if a lawsuit were brought at a subsequent date, it would broaden the group of those who could challenge the issue. The public hearing was opened. Mrs. Frances Watts, 43 Shell Key Court, spoke from a prepared statement asking that the Commission settle this issue and avoid this yearly debate that causes such division of the citizens and the Commission. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, said that if someone needs a helping hand they should be given help. He stated again, as he has many times in the past, that the garbage charge for seniors should be reduced anyway because they produce less garbage. The public hearing was closed. It was at this point in the meeting that the vote was taken on the above two motions. Commissioner Anderson, seconded by Commissioner Glass. moved that the ad valorem tax rebate be removed from the Program and that a resolution be brought back at the next City Commission meeting for an advertised public hearing to formally adopt those changes. Motion carried 3-2 with Mayor Vandergrift and Commissioner Johnson voting no. 3 Ocoee City Commission Regular Meeting October 2, 1996 Commissioner Gleason, seconded by Commissioner Johnson. moved to cap the Program as of this date and not allow any future applications and that those who are on the Program as of Qualifying date of April 30. 1996 would be the only ones allowed to apply for the Program. Motion carried 3-2 but then Commissioner Anderson decided to change his vote. Commissioner Glass moved to reconsider and the vote on the motion changed to 4-1 in favor. with Mayor Vandergrift voting no. City Manager Shapiro said that announcements will be made that there would be no more participants accepted. Mr. Rosenthal asked for direction and then suggested that he bring in the changes in two separate resolutions. Commissioner Glass stated for the record that he would prefer to see this as a needs based program as the Senior Program Committee has recommended. Commissioner Johnson stated for the record that he did not vote to take away the ad valorem tax rebate but he did vote to put a cap on the program which he had felt all along should be done. RECESS 8:56 P.M. TO 9:10 P.M. SECOND READING OF ORDINANCES: ORDINANCE No. 96-17, RELATING TO OCCUPATIONAL LICENSE TAX, AMENDING CH.119-5 REGARDING GASOLINE FILLING STATIONS. This Ordinance was presented by title only for the second reading and public hearing. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Gleason. seconded by Commissioner Anderson, moved to adopt Ordinance No. 96-17, relating to Occupational License Tax, amending Chapter 119-5 regarding Gasoline Filling Stations. Motion carried 5-0. ORDINANCE No. 96-18, AMENDING CH. 143, RECYCLING, TO PROVIDE THAT COMMERCIAL RECYCLING VENDORS CLEARLY MARK THEIR CONTAINERS FOR RECYCLABLE MATERIALS ONLY. This Ordinance was presented by title only for the second reading and public hearing. The public hearing was opened. As no one wished to speak, the public hearing was closed. City Manager Shapiro explained that this ordinance provides that commercial recycling vendors clearly mark their containers to prevent the mixing of garbage with recyclables. City Attorney Rosenthal advised that the effective date would be thirty days from this date. 4 Ocoee City Commission Regular Meeting October 2, 1996 Mayor Vander2rift. seconded by Commissioner Glass. moved to adopt Ordinance No. 96-18. amending Chaoter 143 of the Code, Recycling, to provide that commercial recycling vendors clearly mark their containers for recyclable materials only. Motion carried 5-0. ORDINANCE No. 96-19, RELATING TO THE GENERAL EMPLOYEES' RETIREMENT TRUST FUND. This Ordinance was presented by title only for the second reading and public hearing. City Manager Shapiro explained that this was a housekeeping ordinance to incorporate those issues required by state statute. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Gleason. seconded by Commissioner Johnson. moved to adopt Ordinance No. 96-19. relating to the General Employees' Retirement Trust Fund. Motion carried 5-0. ORDINANCE No. 96-20, RELATING TO THE POLICE OFFICERS' /FIREFlGHTERS' RETIREMENT TRUST FUND. This Ordinance was presented by title only for the second reading and public hearing. City Manager Shapiro explained that this was a housekeeping ordinance to incorporate those issues required by state statute. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Gleason. seconded by Commissioner Glass. moved to adopt Ordinance No. 96- 20. relating to the Police Officers' /Firefighters' Retirement Trust Fund. Motion carried 5-0. OTHER BUSINESS FIRST READING: The second reading and public hearing will be October 15, 1996 at 7:30 p.m. ORDINANCE No. 96-21, RELATING TO SOLICITORS, PEDDLERS AND OPEN-AIR VENDORS. This Ordinance was presented by title only for the first reading. Mayor Vandergrift announced the time, date and location of the second reading and public hearing. DISCUSSION/ACTION RE: AWARD OF BID FOR PHASE I CAPITAL IMPROVEMENT PROGRAM GROUP I PROJECT 1-8 FOR AMBER RIDGE SUBDIVISION/LAKE MEADOW DRAINAGE BASIN TO FOSSITT GROUNDWORK, INc. IN THE AMOUNT OF $44,835.75. City Engineer Shira stated that he was present to answer any questions on this and the next three items. City Manager Shapiro said that there has been a constant fight between the homeowners association and the builder/developer regarding the drainage problem, and that he is still convinced it is a developer problem. However, since the developer is reorganizing due to the passing away of one of the principals, and the builder is gone, it has become incumbent upon the City to deal with the problem. 5 Ocoee City Commission Regular Meeting October 2, 1996 Commissioner Johnson. seconded by Commissioner Gleason. moved to accept staff recommendation to award the bid for Phase I Capital Improvement Program Group 1 Proiect 1-8 for Amber Ridge Subdivision/Lake Meadow Drainage Basin to Fossitt Groundwork. Inc. in the amount of $44.835.75 in accordance with their bid and authorize the Mayor and City Clerk to execute the contract. Motion carried 5-0. DISCUSSION/AcTION RE: PEC CONSTRUCTION MANAGEMENT SERVICE CONTRACT, WORK ORDER No. 13, MASTER DRAINAGE PLAN IMPROVEMENTS FOR PHASE I CAPITAL IMPROVEMENTS PROGRAM GROUP I PROJECTS FOR NOT-TO-EXCEED FEE OF $13,920.00. Commissioner Gleason. seconded by Commissioner Anderson. moved to accept staff recommendation regarding PEC Construction Management Service Contract. Work Order No. 13. Master Drainage Plan Improvements for Phase I Capital Improvements Program Group I Proiects for not-to-exceed fee of $13.920.00. and authorize Mayor and City Clerk to execute the Work Order. Motion carried 5-0. DISCUSSION/ACTION RE: ADDENDUM No.1 TO ADDENDUM No. 96-4 OF AGREEMENT WITH PEC FOR CONSULTING ENGINEERING SERVICES FOR FOREST OAKS/SOUTH WATER TREATMENT PLANTS PROJECT. City Engineer Shira advised that this and the next item are interrelated and he described the condition of the equipment as almost unrepairable. He said that because there are contractors on site now this would be the most cost effective time to do the replacement of those items that were scheduled to be replaced next year anyway. Commissioner Anderson. seconded by Commissioner Glass. moved to adopt staff recommendation for Addendum No.1 to Addendum No. 96-4 of Agreement with PEC for Consulting Engineering Services for Forest Oaks/South Water Treatment Plants Proiect and authorize the Mayor and City Clerk to execute Addendum No.1 in the not-to-exceed amount of $27.104.00. Motion carried 5-0. DISCUSSION/ACTION RE: FOREST OAKS AND SOUTH WATER TREATMENT PLANTS, WELL PuMps AND GROUND STORAGE TANKS PROJECT, BID No. B96-05, CHANGE ORDER REQUEST No.1, WHARTON SMITH, INC. Commissioner Gleason. seconded by Commissioner Johnson. moved to accept staff recommendation regarding Forest Oaks and South Water Treatment Plants. Well Pumps and Ground Storage Tanks Proiect. Bid No. B96-05. Change Order Reouest No.1. Wharton Smith. Inc. bv increasing the contract amount bv $261.086.33 with no extension in contract time. and authorize the Mayor and City Clerk to execute Change Order No. 1. Motion carried 5-0. STAFF REPORTS There were no staff reports at this time. 6 Ocoee City Commission Regular Meeting October 2, 1996 COMMENTS FROM COMMISSIONERS Commissioner Gleason: 1) Reported that White Road and the curb should be completed in the next 3 to 4 weeks based on the weather. 2) The entire community turned out for the opening of the Mall today, and the entire City Staff was commended for the work they did to get the job done. Commissioner Glass: 1) Commended Staff for their responses to the RSVP comments, especially City Manager Shapiro . 2) There is a mattress laying on Maguire Road. Shapiro said that is our new substation. Commissioner Anderson: 1) Discussed the cutting done by the DeWeese mower that included cutting trees as well. Shapiro advised there is much weed work to be done as soon as the dock is finished. Commissioner Johnson: 1) Need to be sure the stop signs are understood at the entrance to the Mall. 2) Having the Mall open is great. There is no room at the food court. 3) Something has to be done about the TV coverage and if we need to call in someone else to make it work, then do it. Mayor V ander~rift: 1) Commended all for delivering Mall on time. 2) Thanked Engineer for the additional pointers at Highway 50. 3) Clarke Road is misspelled on several new signs. 4) Retention ditch at Jay Street and First Avenue is eroding and exposing 6" water line. ADJOURNMENT The meeting adjourned at 9:45 p.m. APPROVED: City of Ocoee .----?"-.~..--., " '- (,-::J .~~~~2r 1 / .,,--' <:__~~ 1 v S. Scott Vandergrift, Mayor ~ 7