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HomeMy WebLinkAbout11-21-89 '" MINUTES OF OCOEE BOARD OF CITY COMMISSION REGULAR MEETING HELD NOVEMBER 21, 1989 The regularly scheduled meeting of the City of Ocoee Board of Commissioners was called to order by Mayor Dabbs at 7:37 p.m. in the commission chambers. Commissioner Hager led in the prayer and pledge of allegiance. PRESENT: Mayor Dabbs, Commissioners Combs, Hager, Johnson, City Manager Shapiro, City Engineer Shira, City Planning Director Behrens, Senior Planner Harper, and City Clerk Grafton ABSENT: None (Commission Seat #2 is still vacant and Commissioner Hager serves in Seat #4 until the results of the November 21 runoff election are determined by Canvassing Board at Noon November 22.) PRESENTATIONS AND PROCLAMATIONS Mr. James Schwartz, 2608 Bon Air Drive, Orlando, 32818, spoke on behalf of Boy Scout Troop #198 asking for jobs for the scouts to do in order to earn funds to send the troop to the mountains. City Manager Shapiro advised that he will check with the staff and determine whether there were any and report to Mr. Schwartz. ~ ELECTION RESULTS ANNOUNCED City Clerk Grafton announced that p.m. for the runoff election and follows: the polls had closed the machine results at were 7:00 as Commission Seat H Precinct 99 Precinct 100 Total John Linebarier 87 219 306 Sam Woodson 148 209 357 Commission Seat li Paul W. Foster 93 246 339 Darlene Rhodus 141 181 322 The Canvassing Board is scheduled to meet at noon on Wednesday, November 22 in the conference room at city hall in order to count the 36 absentee ballots and announce the winner. CONSENT AGENDA The proposed consent agenda consisted of items A, G, and H. Commissioner Combs requested that Item A. Acceptance and approval of Commission minutes of November 7, 1989, B. Acceptance and approval of Canvassing Board minutes of November 8, 1989, D. Wesmere Subdivision - Acceptance and approval of final engineering plan, B, C, D, E, F, C be pulled. regular meeting ~ "-- Page 2 City Commission Regular Meeting November 21, 1989 ~ E. Approval of Conditional Assignment of Borrower's Rights under the Developer's Agreement from ZOM to Sun Bank, F. Approval of Assignment of Developer's Agreement from Residential Communities of America to C. Wayne Atwood, G. Approval of Collateral Assignment of Developer's Agree- ment from Lake Olympia Club to Sun Bank, H. Approval of Assignment of Developer's Agreement from DABI, Inc. to Lake Olympia Club. Commissioner Hager, seconded by Commissioner Johnson, moved to approve the consent agenda as presented. On roll call Commissioner Combs voted "aye," Commissioner Hager "aye," Mayor Pro Tem Johnson "aye," and Mayor Dabbs "aye." Motion carried. C. Candlewood Shores Subdivision -Acceptance and approval of final engineering plan. Commissioner Combs asked why there was no Developer's Agreement for this item and Mr. Atwood explained that there was one in the name of Skylark Ventures. Planning Director Behrens advised that the developer wants to take care of the recreation assessment with dollars rather than land, while the Planning Department prefers for the land west of the road to be part of Silver Glen Park. Commissioner Johnson moved to approve Candlewood Shores Subdivision final engineering plan subject to City Attorney Rosenthal's determination that there is equity for the City as well as the developer. Commissioner Combs seconded and motion passed with unanimous vote. COMMENTS FROM CITIZENS/PUBLIC Mr. Vern Nielson, 603 E. Lakeshore Drive, and Mr. Jim Worsham, 104 Miller Court, asked that the water and sewer rate increase be explained more fully. City Manger Shapiro said that he will check with Mr. Cohen and a way would be worked out to inform citizens, possibly a newsletter. Mrs. Mary Ellen Frame, 312 Sabinal Street, asked that a long standing problem with Cablevision be worked out as she purchased a box some time ago and now cannot use it without paying a fee. Mr. Sidney Rivard, 605 Jay Street, expressed concern regarding the housing developments and their impact on the transportation. Mr. R.P. Mohnacky, 1820 Prairie Lake Blvd., said that he felt more information should be given on the consent agenda items. ~ NEW BUSINESS - FIRST READINGS Ordinance No. 89-45, Amending Development Review Fee was read by title for first reading. Second reading and public hearing will be December 19, 1989. Ordinance No. 89-46, Establishing Boating Regulations was read by title for first reading. City Manager Shapiro noted that a change should be made in Section 2 as blacklined: "Section 2. Use of Motorboats Limited or Prohibited on Certain Lakes. No motorboat of ."" Page 3 City Commission Regular Meeting November 21, 1989 any kind shall be allowed on Lake Peach or Lake Moxie. Non- powered boats and boats with electric motors are allowed on all other waterways. No motorboat with ~ motor capable of aenerating more than ten horsepower shall be allowed on those portions of Lake Blanchard and Lake Lotta which lie within the municipal lImits of the City of ~e. Motorboats~pable of q;n;ratinq more than ten horsepower shall only be allowed on Starke Lake, Lake Prima Vista, and Lake Olympia." Second reading and public hearing will be December 5, 1989. Ordinance No. 89-47, Establishing a Fire Impact Fee was read by title for first reading. Second reading and public hearing will be December 5, 1989. The following ordinances were read by title for first reading. The second reading and public hearing will be December 19, 1989. Ordinance No. 89-48, Heller Bros. Groves Comprehensive Plan/Rezoning (Case No. 2-1CR-89:HELLER) Ordinance No. 89-49, Heller Bros. Groves Comprehensive Plan/Rezoning (Case No. 2-2CR-89:HELLER) Ordinance No. 89-50, Francis P. McGehee and Caroline P. Brown Annexation (Case No. 2-4ACR-89:BROWN) Ordinance No. 89-51, Francis P. McGehee and Caroline P. Brown ....... Comprehensive Plan/Rezoning (Case No. 2-4ACR-89:BROWN) Ordinance No. 89-52, Edna Louise Bowers Comprehensive Plan/Rezoning (Case No. 2-5CR-89:FMB DEV) Ordinance No. 89-53, Thomas C. Feeney, III, Darrell R. Julian, Carl R. Julian Annexation (Case No. 2-6ACR-89:MIZO) Ordinance No. 89-54, Thomas C. Feeney, III, Darrell R. Julian, Carl R. Julian Comprehensive Plan/Rezoning (Case No. 2-6ACR- 89:MIZO) RECESS FROM 8:43 P.M. TO 8:51 P.M. SECOND READINGS - PUBLIC HEARINGS Ordinance No. 89-43 - Code Enforcement Board Revision The ordinance was read by title only. City Attorney Rosenthal advised that this ordinance, which was written by Code Enforcement Board Attorney Ike Cool, brings the City's code enforcement rules into line with the Florida Statutes. The public hearing was opened and, no one wishing to speak, the hearing was closed. Commissioner Combs, seconded by Commissioner Johnson, moved the ordinance be adopted. On roll call, Commissioner Combs voted "aye," Commissioner Hager "aye," Mayor Pro Tem Johnson "aye," and Mayor Dabbs "aye." Motion carried. ---- Ordinance No. 89-44, Personnel Rules and Regulations The ordinance was read by title only. The public opened and, no one wishing to speak, the hearing hearing was was closed. .~ Page 4 City Commission Regular Meeting November 21, 1989 Commissioner Combs moved to amend the ordinance as recommended by staff, "changing Subsection 13.03 Group Insurance A. to read: The City provides group insurance protection for its employees. Benefits provided are explained at the time of emloyment. Booklets describing coverages are available for all employees in the Personnel Office." Commissioner Hager seconded the motion to amend. On roll call Commissioner Combs voted "aye," Commissioner Hager "aye," Mayor Pro Tem Johnson "aye," and Mayor Dabbs "aye." Motion carried. Commissioner Johnson, seconded by Commissioner Combs, moved to adopt the ordinance as amended. On roll call Commissioner Combs voted "aye," Commissioner Hager "aye," Mayor Pro Tem Johnson "aye," and Mayor Dabbs "aye." Motion carried. Resolution No. 89-15, Authorizing the zeroing out of all expenditures for the fiscal year 1988-89. City Finance Director Poston explained that this resolution enables his department to proceed with generally accepted bOOkkeeping practices. Commissioner Johnson, seconded by Commissioner Hager, moved to adopt the resolution as presented. Motion carried with unanimous vote in favor. ....... (NON-AGENDA) LAKE OLYMPIC TOWNHOUSES HOMEOWNERS ASSOCIATION, INC.- Emergency Access Easement and Agreement regarding water and sewer lines City Manager Shapiro explained that this item had been prepared for this meeting, but had been inadvertantly omitted from the agenda. To delay action until the next meeting would cause undue hardship on the developer, Mr. Neal Sandy, and a decision by City Attorney Rosenthal to declare this an emergency item was requested and given. Commissioner Combs, seconded by Commissioner Hager, moved to accept the Emergency Access Easement and approve the Agreement as presented. On roll call, Commissioner Combs voted "aye," Commissioner Hager "aye," Mayor Pro Tem Johnson "aye," and Mayor Dabbs "aye." Motion carried. (NON-AGENDA) AUTHORIZATION TO NEGOTIATE FOR TAX EXEMPT FACILITY City Manager Shapiro requested authorization to proceed with Mr. Stanley Cohen to negotiate for a tax exempt credit facility and return with a report at December 5 meeting. Consensus of Commission was to proceed. COMMENTS FROM COMMISSIONERS Commissioner Hager said good-bye again and wished the new Commissioners well. He said that he is not leaving as he still feels that Ocoee is~the Center of Good Living; but his face will not be as visible from now on. "......... """ Page 5 City Commission Regular Meeting November 21, 1989 Commissioner Combs 1) thanked citizens for supporting the Kiwanis Golf tournament, 2) requested action be taken at the Bluford Avenue/Orlando Avenue intersection, 3) asked where we stand on sidewalks that have been promised, 4) requested Christmas lights be fixed, 5) reported car lot growing again on Bluford Avenue next to Wrights Cabinet Shop, 6) said that he will persist until an acceptable turn left lane is installed at Highway 50/Bluford Avenue intersection. Commissioner Johnson 1) discussed animal control, 2) reported Plantation Sysco has trucks shut out until 6 a.m. causing traffic backup, 3) wants Code Enforcement Officer to pursue occupational license violators as well as the flea markets that are going on the weekends. Mayor Dabbs expressed appreciation to the citizens for his bid for the mayor's seat and declared that he accent on communication, that he wants City staff to citizens with sensitivity. supporting wants the listen to -... ADJOURNMENT Meeting adjourned at 9:30 p.m. ~or ........