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HomeMy WebLinkAbout02-07-89 . MINUTES OF THE CITY COMMISSION REGULAR MEETING HELD ON FEBRUARY 7, 1989 The regular meeting was called to order at 7:31 p.m. by Mayor Ison in the commission chambers. Commissioner Hager led in the prayer and pledge of allegiance to the flag. PRESENT: Johnson, Planning Director Mayor Ison, Commissioners Combs I Dabbs, Hager and Assistant City Attorney Woodson, City Manager Bateman, Director Behrens, Associate Planner Claman, Public Works Brenner, City Clerk Grafton ABSENT: None e PRESENTATIONS AND PROCLAMATIONS Commissioner Combs stated t~at Mr. Herbert Strickland is in St. Joseph Hospital awaiting a heart transplant and that on November 11, 1988 concerned citizens had requested aid for him as he has no insurance. At that time a hat was passed and from that and cans placed about town and fund raisers a total of $3,600 has been collected. Commissioner Combs said that approximately $2,300 of that was from a softball tournament which he asked Mrs. Debbie Bracknell to report on. Mrs. Bracknell expressed appreciation to the City for permitting the use of the ball fields for the fund raiser games, to Recreation Director Jim Beech for making a first class tournament possible, and especial appreciation to James Mobley for his dedication to excellence in preparing the fields after each game. Mrs. Marlene Corbett, Nielson Transplant Foundation, reported that Mr. Strickland is in ICU now, and that it was a wonderful thing that Ocoee citizens still have that small town feeling of caring for people. Mrs. Corbett presented a plaque of appreciation to the City, which Mayor Ison accepted, and to Jim Beech, which City Manager Bateman accepted in Mr. Beech's absence. Mayor Ison announced a basketball game on a Saturday afternoon (date unspecified) between two civic clubs to be held in the new Ocoee Middle School gymnasium. Plans are to have the cookers going and make a comfortable afternoon/evening out of it. Mayor Ison also announced that the long awaited groundbreaking for Bowness Road was just held at 6:00 p.m.. Mr. and Mrs. Bowness were present and Mr. Bowness commented that he wondered if we could get the job finished before sundown. Mayor Ison called Street Supervisor Buddy Elmore and Waste Water Supervisor Robert Holland to the podium and wished them both a happy birthday as a cake was presented to them. The Ocoee Rent-a- Choir sang just as they did for Commissioner Johnson's birthday at the last meeting, not necessarily by popular demand. e CONSENT AGENDA The Consent Agenda, consisting of (a) Commission Regular Meeting Minutes of September 20, 1988, (b) Commission Special Session Minutes of January 19, 25, 26, and 31, 1989, (c) Sewer Guaranteed Revenue and Maintenance Fees, (d) Approval of Final e e e Page 2 Commission Regular Meeting Minutes February 7, 1989 Payment to Sharpe Fence Co. -Sr. League Field, (e) Advisory Commi ttee Report, (f) Coventry Subdivision Easements, was unanimously accepted as presented, upon Commissioner Combs and second by Commissioner Johnson. Cemetery Utilities a motion by OLD BUSINESS USE OF THE WITHERS-MAGUIRE HOUSE - MARY ANN HALVORSON Mrs. Mary Ann Halvorson, new president of the Ocoee Historical Commission, read a proposal which listed the Historical Commission's desires and goals for the use of the Withers-Maguire House and asked for Commission approval. Mayor Ison stated that, before Commission took action, a request for approval from the Historical Commission for use of a p~ion of the Withers-Maguire House should be heard. He asked Tom West, as representative for the committee of Military Veterans, to present their request. Mr. West said that his committee has been working toward placing a monument with the names of all the local veterans on it somewhere in the City. They had found the cost of a marble monument to be prohibitive and asked if they might place plaques around the wall of one of the open rooms of the Withers-Maguire House. Mayor Ison pointed out that some time ago the Historical Commission was given the use of the house and control over who uses it without going before Commission. Mrs. Halvorson indicated that the Historical Commission would welcome the Committee of Military Veterans' use of a room as well as their help in working on the house. Commissioner Johnson moved to release the use of the $7,000 funds budgeted for maintenance of the house and to obligate $50,000 of the $200,000 recreation fees due from the Lake Lotta Development toward the needed repairs on the Withers-Maguire House. Commissioner Combs seconded the motion and vote was unanimous in favor. Mayor Ison stated that he would like to have an event scheduled for November 11, 1989 using the house as a focal point. Commissioner Dabbs continues as liaison between the Historical Commission and City Commission. Mr. West announced that the Committee of Military Veterans will meet at 7:00 p.m. at his home February 14. CODE ENFORCEMENT ORDINANCE AMENDMENT Mayor Ison read the title of the Code Enforcement Ordinance Amendment which is Ordinance No. 89-01, explaining that the City means business with this ordinance. The public hearing was opened and, as there were no comments from the citizens, the hearing was closed. Commissioner Dabbs moved to adopt Ordinance No. 89-01 and Commissioner Johnson seconded the motion. The vote was by poll and Commissioners Hager, Combs, Dabbs and Johnson all voted "aye." e e e Page 3 City Commission Regular Meeting February 7, 1989 REQUEST PURCHASE OF SLUDGE TRUCK - WASTE WATER SUPERVISOR HOLLAND Pursuant to Commission's approval on December 6, 1988 to pursue the lease-purchase plan for a sludge truck, Waste Water Supervisor Holland reported that Purchasing Agent Swilley had thorough~y investigated the interest rate market and had found the best available rate to be with Municipal Leasing Systems, Inc. at 9.3%. The total cost of the sludge truck available on state contract lS $64,782, and the yearly payments of $16,488 will come out of the already yearly budgeted $20,000 sludge hauling account. Commissioner Johnson moved to approve the p,lrchase as presented and Commissioner Combs seconded. Vote was unanimous in favor. COMMENTS FROM CITIZENS/PUBLIC Riderless Fair at Withers-Maguire House March 11 and 12 Mrs. Laura Vargas, Scout Leader Girl Scout Troop #32, requested permission to have a riderless fair at the Withers-Maguire House March 11 and 12 in order to raise $500 for the Girl Scout Troop. Mrs. Vargas had already approached Mrs. Halvorson on the subject and received tentative permission, with final decision to be based on Commission's opinion. Commissioner Combs moved to approve the request and Commissioner Johnson seconded. Vote was unanimous in favor. Report on Undesirable Activity at City Park Mr. David Denmark, 610 Gallego Ave., Ocoee complained of the condition of Tiger Minor Park, saying that citizens who use the park do not clean up after themselves. Mr. Denmark also pointed out that activity late at night is disturbing and he requested that lights be put up in an effort to deter the activity. Police Chief Boyd said that he will increase the patrol in that area. Mayor Ison advised James Mobley that the gate on the Chicago Avenue side of the park will not roll and instructed him to check it out and fix it. R.P. Mohnacky Speaks Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard,recommended that we begin to separate our garbage/trash and recycle as other cities are beginning to do. Mr. Mohnacky also advised that the Over 65 Program should be stopped. Mayor Ison invited Mr. Mohnacky to attend the Kiwanis Club meeting on February 21 to see just where we are in the recycling program. NEW BUSINESS FIRST READING-ORDINANCE NO. 89-02, TRANSPORTATION IMPACT FEE City Manager Bateman read the title of Ordinance No. 89-02, Transportation Impact Fee} for the first reading of the Ordinance. The second reading and public hearing will be held March 7, 1989. e Page 4 City Commission Regular Meeting February 7, 1989 MANDATES PETITION ISSUE Commissioner Dabbs reported that there have been 223 unfunded mandates since 1980 and that is against the law. The Florida League of Cities has taken as a project this year to convince Legislature that this must be changed. Commissioner Dabbs said that he wants to spend some money to circulate papers for signatures to support an amendment to limit the power of the Legislature to enact laws which require municipalities to expend local monies to comply with new laws. Mayor Ison moved to approve the funding for printing the papers and Commissioner Johnson seconded the motion. Vote was unanimous in favor. Mayor Ison directed City Clerk to have the papers available at each meeting for signatures and to put the matter first on the agenda under Old Business. City Manager Bateman suggested that the item be placed as a continuous Item I-C and this was approved informally by entire Commission. - REQUEST-A-RIDE City Manager Bateman reported that Request-A-Ride revenue has fallen short of the expense involved and recommended that the service be discontinued in one week. Commissioner Dabbs said that he would have preferred to see the service continue and feels that one week is not notice enough for those who are using the system to make other arrangements for transportation. Commissioner Dabbs then moved to accept the recommendation to end Request-A-Ride in 30 days. Commissioner Hager seconded the motion and vote was unanimous in favor. CATALINA HOMES-UNUSEABLE LOTS, 1401 AND 1501 PRAIRIE LAKE BLVD City Manager Bateman reported that Catalina Homes contends that they were told verbally that the City will buy 1401 Prairie Lake Blvd. and now they are adding 1501 prairie Lake Blvd. to the story. The lots are not suitable for homes because of the high water table. Mr. Bateman recalls that 1401 was offered. Mayor Ison said to postpone action until the recreation area has been checked out and possibly the City could take those 2 lots for recreation. When advised that Catalina wants their permit money refunded, Mayor Ison instructed staff to research the 1983-84 minutes and site plans and see what agreement was made and report next week. COMMENTS FROM COMMISSIONERS There were no comments from the Commissioners at this time. CITY ATTORNEY - Discussion - Mrs. Barnette and the Building Permit After annexation in 1988, Mrs. Barnette requested a permit to build and was told it would be necessary to run a water line to her property from the existing line before a permit could be issued. Mrs. Barnette contends that she was not advised that this . Page 5 City Commission Regular Meeting February 7, 1989 would be necessary before she requested annexation and that if she had been advised, she would not have annexed, as the cost at this time would be prohibitive. Mrs. Barnette, through her attorney, Theodore Van Deventer, requested that Commission waive the water connection requirement in this case. There was a serious question raised regarding the Commission's right to waive any part of an ordinance. Mayor Ison moved to de annex the property. The motion died for lack of a second. The meeting recessed at 9:30 p.m. and reconvened at 9:48 p.m.. Mayor Ison announced that, as it appears that Mrs. Barnette was not advised of the City's water connection policy, the City will deannex the property at the City's expense and when/if Mrs. Barnette wishes to annex the property again the City will waive the annexation fee. City Clerk was instructed to advertise the de- annexation and City Attorney was instructed to prepare the de- annexation ordinance. . CITY MANAGER INTERVIEW Commissioners agreed that they were interested in calling Mr. Ellis Shapiro back for another interview to be held February 11, at 7:00 p.m.to discuss salary. Commissioner Combs volunteered to go to Coral Gables to survey Mr. Shapiro's area. BOARD OF ADJUSTMENT POSITION FILLED Commissioner Johnson recommended that Darlene Rhodus be chosen to fill the vacancy on the Board of Adjustment. Mayor Ison nominated Ms. Rhodus as recommended and Commissioner Dabbs supported the nomination. Vote was unanimous in favor. ADJOURNMENT The meeting adjourned at 10:01 p.m. ~RL Thomas R. Ison, Mayor Attest: Jean . --<