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HomeMy WebLinkAbout04-17-90 '- MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD APRIL 17, 1990 Mayor Dabbs called the regular meeting of the Ocoee Board of City Commissioners to order at 7:31 p.m. in the commission chambers and then led in the prayer and pledge of allegiance. The roll was called and a quorum declared to be present. PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer Shira, Public Works Director Brenner, Planning Director Behrens, Finance Director Poston, Finance Supervisor Batts, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mrs. Lynn Pape, representing the Orange County Cruisers, presented plaques of appreciation to Chief of Police Boyd and Fire Chief Strosnider for their departments' help in their many worthy projects through the year, especially Toys for Tots. Mayor Dabbs read in its entirety a proclamation proclaiming May 8, 1990 to be National Teacher Day. '" Mayor Dabbs read a proclamation proclaiming May 1 - 8 Dine Out Week. Mayor Dabbs read in its entirety a proclamation proclaiming April 29 - May 5 Thomas R. Ison and Vard Junior Hager Week. '-' CONSENT AGENDA The proposed consent agenda consisted of items A, B, C, D, E, F, and G. A. Acceptance and approval of Minutes of Commission Regular Meeting of April 3, 1990, B. Acceptance and approval of Letter of Engagement with Mark S. Blechman, Esquire, for Police Legal Advisor/City Prosecutor, C. Acceptance and approval of West Orange Memorial Hospital Developer's Agreements for Water and Sewer Service, D. Approval and authorization for repair of stormwater lines at Nicole Avenue and Shari Lynn Terrace, E. Acceptance and approval of Mutual Aid Agreement with Sheriff's Department, F. Approval of Assignment of Water/Sewer Capacity from Residential Communities of America to First Equity Development Group, Inc. and Robert S. Harrell, G. Approval and authorization to execute Termination of Temporary Easement - Handy Way/Miller Enterprises. Commissioner Combs, seconded by Commissioner Johnson, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. -...... Page 2 Ocoee City Commission Regular Meeting April 17, 1990 COMMENTS FROM CITIZENS/PUBLIC There were no citizens comments at this time. PUBLIC HEARING West Orange Memorial Hospital - Preliminary Plan Approval Planning Director Behrens presented the staff report and introduced Mr. Bill Phillips, who was present to answer questions. When the public hearing was opened, Mr. R.P. Mohnacky, 1820 prairie Lake Blvd., asked if a pad for a helicopter was in the plans and Mr. Phillips said there was a pad and pointed to the location on the plan. Mr. Mohnacky also asked what kind of facing would be used on the building and Mr. Phillips advised that that had not been determined yet but would be a part of a later presentation. As there were no other questions from the public the hearing was closed. Commissioner Combs, seconded by Commissioner Woodson, moved to approve the West Orange Memorial Hospital Preliminary Plan as presented. On roll call Commissioner Combs voted "aye," ~ Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried with unanimous vote in favor. OTHER BUSINESS Innovative Idea-Water Probe Invented by Lee Pape and Jerry Bolton City Manager Shapiro explained the Innovative Idea Program which was initiated in November 1989 and advised that Lee Pape and Jerry Bolton had devised a "Water Probe," which is a method to locate underground water or sewer lines without damaging gas, telephone or cable lines, and that use of this device will save the City substantial amounts of money in man hours and in repair to broken lines. City Manager Shapiro recommended that each man receive an award of $1,000.00 in keeping with the provisions of the Program. Commissioner Johnson, seconded by Commissioner Foster, moved to give Mr. Pape and Mr. Bolton $1,000.00 each as recommended. Motion carried with unanimous vote in favor. Mayor Dabbs presented an oversized LARGE check in the amount of $1,000.00 to both Mr. Pape and Mr. Bolton and said that he was making the presentation with a great deal of pleasure. ~ MID YEAR BUDGET REVIEW City Manager Shapiro reported that the budget is doing fine and that the revenues are $153,000.00 above expenditures, due mostly to the income from the building department. Mr. Shapiro advised that the liability and multi-peril insurance had been seriously misjudged and some of the revenue should be used to take care of '-' Page 3 Ocoee City Commission Regular Meeting April 17, 1990 '-" that. There are three other areas in which City Manager Shapiro recommended consideration in d~recting the money: (1 a) Longevity pay beginning June 1: 2% for 5 to 9 years, 4% for 10 to 14 years, 6% for 15 to 19 years; 8% for 20 years and over, (1 b) Decompression of steps in the salary scale retroactive to October 1, 1989 so that those employees who would have received a merit increase upon evaluation but who were prohibited because they had topped out of their pay scale could now be compensated as supervisors had recommended; (2) 16 positions; and (3) Fill in on items where not enough was budgeted initially. Mr. Shapiro advised that, if the budget amendment was acceptable as presented that a public hearing should be scheduled to adopt the amending ordinance on May 1, 1990. After a brief discussion to clarify details on the written presentation, consensus was that staff had done a good job and the budget was ready for a first reading of the adopting ordinance, with a second reading and public hearing on May 1. City Manager Shapiro read the title only of Ordinance No. 90-09, relating to the City Budget; amending the City Budget adopted by Resolution No. 89-13 for the Fiscal Year beginning October 1, 1989 and ending September 30, 1990 by providing for supplemental appropriations, and transfer of funds between and within departments; providing for severability; providing an effective date. CABLEVISION RATE INCREASE ANNOUNCED Mr. J.W. Taylor, General Manager of and representing Cablevision Industries, announced that there will be a 6% increase in their rates May 1, 1990, which is the first rate increase since March 1, 1989. In response to Commissioner Combs' questions about the increase, Mr. Taylor advised that the fees they pay for programming go up and they have expanded the programs they offer. That, coupled with the cost of upgrading their system last year, a cost which could not have been passed on to the customer in one lump sum, caused the increase. Mr. Taylor explained also that they will have a new telephone system installed by June of this year which will take care of the telephone problem. Commissioner Woodson advised Mr. Taylor that there was a cable laying in his yard which he has to move each time he mows. Commissioner Johnson reported that he cannot see what he pays for on his television. Mr. Taylor said that he will see to both problems. BAYMONT, INC. LETTER OF PROPOSAL FOR ZONING MAP DATA PREPARATION City Engineer Shira explained that we have an opportunity to have our current zoning maps computerized and updated by Baymont, Inc. at a cost of not to exceed $28,000.00 based on Orange County's contract with them. Orange County has agreed to print full color '-' '-' Page 4 Ocoee City Commission Regular Meeting April 17, 1990 '-" zoning maps for the City following completion of the preparation of the information by Baymont, Inc. This action would provide a fast, cost effective way to complete a task, and, coupled with the purchase of the appropriate hardware and software by the City would put us in a position to then have access to vast amounts of data already available in the Orange County Geographic Information System. Mayor Dabbs asked if we were piggy-backing Orange County's contract and City Attorney Rosenthal advised that we are not, and he explained further that, because this is a creation of a map through a digitizing automation process that it is not subject to the Competitive Selection Act. Also the proposal from Baymont, Inc. indicates that the services do not include engineering surveying or related professional services so some of the data which would otherwise put it within the scope of the act has already been provided for, and paid by, the County. Mr. Rosenthal stated for the record also that Baymont, Inc. is the sole source of the knowledge needed, based on their one million dollar contract with Orange County and the ability of the City to piggy- back on the work they have already done for the County. Commissioner Woodson, seconded by Commissioner Combs, moved to authorize staff to execute the agreement with Baymont, Inc. Motion carried with unanimous vote in favor. City Manager Shapiro stated for the record that Mr. Eichelberger has been absolutely the most outstanding representative of forward County government that he has seen since he has been here. NATIONAL LEAGUE OF CITIES LEGAL CENTER REQUEST FOR FINANCIAL SUPPORT After a brief discussion during which Mayor Dabbs urged support of the NLC Legal Center request, Commissioner Foster, seconded by Mayor Dabbs, moved to contribute $1,000.00. Motion carried with unanimous vote in favor. WEST STATE ROAD 50 AREA STUDY City Planning Director Behrens stated that he recommends continuing to use the West State Road 50 Area Study for reference but not to adopt it officially as there have been many changes in the area since the study was done. Mr. John Linebarier, Vice Chairman of Planning and Zoning Commission, spoke in support of adoption of the Study because it had been put together in an effort to avoid having Highway 50 encounter the same problems that are on Highway 436. Mr. Linebarier read a resolution from the Planning and Zoning Commission encouraging support of adoption. City Manager Shapiro stated that there is information available now that was not available then and also that this action should rightfully be a part of the Comprehensive Plan adoption later on. ~ .,- '-" ~ Page 5 Ocoee City Commission Regular Meeting April 17, 1990 Mr. Jim Swickerath, former Chairman of Planning and Zoning Board, said that he believed that the Study was adopted some time ago and that the poor record keeping practices at City Hall caused the confusion. Mr. Swickerath stated further that the Planning and Zoning Commission wanted to request a moratorium on development on Highway 50 until the adoption of the Study, but determined instead to request that the Study be adopted and be adhered to in all future development along Highway 50. City Manager Shapiro stated for the record, quoting from the July 20, 1987 minutes of a joint commission meeting of Orange County Commission and Ocoee City Commission, "West State Road 50 Studv/GMP Amendment..lt was the consensus of the City of Ocoee Commission and the Orange County Commission that they were in general agreement as to the concept of the West Highway 50 Study and agreed to defer determination of the land use designations at the beltway interchange until the final design has been presented to both bodies; however, final determination will be conducted at public hearings before both bodies." and added that this has never been done. City Manager Shapiro recommended that any continuation of this discussion be done at a public hearing and also that, prior to that, there should be some knowledge of Clark Road and the Beltway before it is adopted. City Attorney Rosenthal, after a lengthy analysis of the problem, stated that, to the extent that they are working within the parameters of the zoning code, this does not change the zoning code and if a developer comes in, staff would still have to go by the zoning code. If Commission wishes to adopt the Study and instruct staff not to deviate from the Study, then it should be in a different form and should also be done with some form of public hearing. Planning Director Behrens said that at the time of his employment by the City, relations were strained with the County, but he had affected a repair and that now we were working in harmony. After lengthy discussion Commissioner Combs, seconded by Commissioner Foster, moved to instruct staff to continue to use the Highway 50 Corridor Study as a guideline and seek its proper place in the Comprehensive Plan through a joint meeting with City Commission and the Planning and Zoning Commission. Commissioner Johnson said that he wants it clarified as he was under the impression that the Study had been adopted several years ago at the time all the work was done. When the vote was called for, there were four ayes and Commissioner Johnson said that he would not vote until the matter was clarified. City Attorney Rosenthal said that the law requires a vote from each member and that that would be considered a "no" vote. After the motion was restated Commissioner Johnson requested that his vote be recorded as "aye." Thus the motion carried with unanimous vote in favor. '-' Page 6 Ocoee City Commission Regular Meeting April 17, 1990 RECESS FROM 9:25 P.M. TO 9:42 P.M. TO SERVE CAKE FOR COMMISSIONER COMBS IN AN EARLY CELEBRATION OF HIS BIRTHDAY STAFF REPORTS City Manager - None City Engineer Shira hefted a very large plumber's wrench advised Commissioner Foster he was prepared to help him adjust watch and apologized for leaving so soon at the last meeting. and his '-" COMMENTS FROM COMMISSIONERS Commissioner Combs expressed appreciation for the cake, and then asked about the restoration of grass, etc. where lines are being put in. City Engineer Shira advised that will be taken care of when the job is finished. Commissioner Combs then reported that he had seen a residence being occupied without electricity and was concerned for the safety of the occupants who were using candles. City Manager Shapiro said that the Code Enforcement Officer will check into it and he also said that there are some trailers on Mobile Lane without electricity because of aluminum wires. Commissioner Combs reminded all that he still has tickets available for the Kiwanis barbeque as well as the golf tournament. Commissioner Foster reported that a citizen had requested bike paths and he suggested that possibly they could be placed over the sewer lines where feasible. Commissioner Foster also mentioned a happening at the Withers-Maguire House on Saturday, requested a solution to the holiday garbage service confusion, and reported that the lights on top of the water tower are out. commissioner Woodson noted that a beautiful Ocoee has advertised that it is southwest Winter Garden. Commissioner Woodson advised not want to dine with the Kiwanians, the serving hot dogs at WestSide Vo-Tec on April subdivision in south of Orlando and in that for those who do Lions Club will be 21. Commissioner Johnson asked that our position with mutual aid be clarified and Chief Strosnider explained that we have mutual response rather than mutual aid. Commissioner Johnson asked City Engineer Shira about the road system at the u.S. Homes project on Silver Star Road and City Engineer Shira advised that both he and D.O.T. have informed the developer that the situation is not acceptable and no final approval permits will be issued until it is fixed. Staff was instructed to send a certified letter to the developer. "-" ~ Page 7 Ocoee City Commission Regular Meeting April 17, 1990 Mayor Dabbs reported that the proclamation on the day of prayer caused a stir. Mayor Dabbs then said that he is expecting a request from the Girls Club for funds and instructed City Manager Shapiro to be prepared with a list of in-kind donations. The Memorial Day Service at the cemetery is scheduled to begin at 8:00 a.m. and continue at the Withers-Maguire House at 10:00 a.m., and Mayor Dabbs asked for Commission and public support. Mayor Dabbs requested that the Commissioners and citizens be aware that the Governor of Florida has proposed a 1/2 cent sales tax reduction which will adversely affect the city budget and asked that the Commissioners remember to lobby against that as well as the mandates issue when they attend the Florida League of Cities sessions in Tallahassee on May 2. ADJOURNMENT The meeting adjourned at 10:04 p.m. A I ~~ ," . ,,' /,' ) "." 'L- . '-' Dabos, Jr., May~ ~ '--"