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HomeMy WebLinkAbout05-01-90 '-' ~ ... MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD MAY 1, 1990 The regular meeting of the Ocoee Board of City Commissioners was called to order at 7:30 p.m. by Mayor Dabbs in the commission chambers. Commissioner Woodson led in 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/Utlities Director Shira, Public Works Director Brenner, Planning Director Behrens, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mayor Dabbs announced proclamations for Teacher Appreciation Week, May 6-12, and National Day of Prayer, May 3, 1990. Girl Scout Troop #436, West Orange Service Unit Mrs. Ruby Simon, 4644 Hazelgrove, Orlando, representing Girl Scout Troop #436, West Orange Service Unit, requested assistance with funds to take the scouts to Savannah, Georgia. Mrs. Simon said that Clarcona has given $200.00 but will match anything over that amount that Ocoee gives. Mayor Dabbs advised that nothing has been budgeted for donations and that they had found some jobs for the Boy Scouts when they came before Commission. City Manager Shapiro advised that funds could be taken from contingency. Commissioner Foster, seconded by Commissioner Combs, moved to give $250.00. Motion carried with unanimous vote in favor. Commissioner Combs pulled an additional $50.00 from his pocket to make the amount an even $300.00 for Clarcona to match. Trailer Impact Fees - Mrs. Betty Pedrick Mrs. Betty Pedrick, 5347 West Lake Butler Road, Windermere, spoke regarding the trailer impact fees that were introduced recently. Mrs. Pedrick stated that she feels that impact fees should be for new construction coming in and property taxes are to take care of the trailers already in place. City Attorney Rosenthal advised that he has submitted a written opinion (see attached) regarding the placement of mobile homes stating that if the replacement occurs within a period of less than one year it would not be subject to impact fees. The subject is not expressly addressed in our ordinance, however, based upon the case law relating to impact fees, it is necessary to show some kind of impact on the roads or the infrastructure of the City when imposing an impact fee. Mr. Rosenthal stated further that it would be possible to amend the Code to shorten that one year period if there were factual justification. City Manager Shapiro advised that after careful consideration, it had been determined that the one year period was appropriate for budgetary reasons. Mr. Shapiro stated further and for the record: "The Code has no direction regarding trailer impact fees and based upon what an impact fee does, it could be interpreted in many different directions. By Mrs. Pedrick's action, it was possible to bring the issue before Commission and '-' '-' \- Page 2 Ocoee City Commission Regular Meeting May 1, 1990 have an interpretation by our attorney which will be followed upon direction from the Commission." Commissioner Johnson, seconded by Commissioner Combs, moved to direct staff to enforce the trailer impact fees according to the attorney's written opinion. Motion carried with unanimous vote in favor. Mrs. Pedrick stated that older trailers are not being allowed in the City with aluminum wires and the response from the entire Commission was confirming that that was exactly as it should be as it is according to the Building Code. Status of Sewer Plant - Mr. Jerry Sims Mr. Jerry Sims, 609 Spring Lake Circle, Ocoee, speaking in reference to the sewer plant, said that there had been seepage from the ponds and it was his understanding that they were going to fill in, or put a clay core in, the percolation ponds that were parallel to Spring Lake Circle to keep water from seeping out. Mr. Sims asked why this was not done and when the decision was made. Mayor Dabbs responded that it had been determined through the studies done that the ponds were needed but he had understood that any existing problems with seepage had been taken care of. Mr. Sims said that the water table had been raised as a result of original developer's actions and he should have been brought to civil suit because he caused the City to have to go to the expense of putting in french drains. City Manager Shapiro pointed out that it is necessary to prove damage to bring suit against someone. Mr. Sims said that since the City has taken over the sewer facility and has not gone on record as being opposed to the situation caused by the original developer (the water table being raised), then when that same developer, or the person he sells the property to, tries to develop the property south and east of the plant he can bring suit against the City if/when it lS found that problems due to the water table prevent development of the land. Mr. Sims asked if the sewer plant was supposed to be 2MGD and if the ponds were adequate to support 2MGD. It was explained that the plant was designed to be 1MGD with the capability of expanding to 2MGD, and that the ponds support the present use (which is .7MGD). City Manager Shapiro said that all the studies have not been done regarding expansion to 2MGD and whether the ponds/area will be adequate. Mr. Shapiro said further that there is no intent at this time to put lMGD in the present plant and we have utilized the ponds to the extent we intend to and probably will reduce their use and intensity as we go to the fields north. The noxious odor has been cleaned up now and the area has been put on a cleaning schedule and when kept clean there will be no odor. Mr. Sims said that there has been more odor since the City took over the plant. Mr. Sims asked if there is some recourse because the City bought what was represented to be a 2MGD capacity plant that is going to be maxed out at less than lMGD. Mayor Dabbs said for the record that the record will show that he cast a vote to buy the plant under duress. It wasn't the deal he thought we should get, but in his judgement a poor deal was better than no deal at all in the long run for the City and he '-" Page 3 Ocoee City Commission Regular Meeting May 1, 1990 '-" thinks that will be born out in the long run. As for legal redress, he would defer to City Attorney Rosenthal. City Attorney Rosenthal said that it is a very complicated document and you cannot just pick up one paragraph of the document and read it in isolation without dealing with a lot of other factors. Mr. Rosenthal said that he would be happy to research any specific points and provide an opinion upon direction from the Commission or City Manager, but that it is not prudent to spend $250,000 to collect $100,000. City Manager Shapiro stated for the record that he sees in the future an economic reason to bring up some of these questions, but until such time as we need to bring those questions up in an appropriate management timing point, he does not see the rate payers having to have that done and have the rates go up because we are charged so much legal time. There is an appropriate time to settle this question, it has been looked at already, and will be looked at again at the appropriate time. Mr. Sims asked why we are building more ponds now and when told that we are expanding to 2MGD because there is an indicated need he asked that a moratorium be placed on the building of the sewer expansion until the pond has been tested and is found to be acceptable. Mr. Sims said that there has been odor from the ponds. As none of the Commissioners had heard anything about odor, there was further discussion and City Engineer Shira explained that he had received complaints and had requested D.E.R. to check it out. The inspector had found that the odor was caused by decomposing vegetation in the ponds and that the spread fields needed to be disced. Their recommendations have been followed and a regular schedule of cleaning has been implemented. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, and E. A. Acceptance and Approval of Minutes of Commission Reqular Meeting of April 17, 1990. B. Acceptance and Approval of Sewer Capacity Developer Agreement -Harvard Square Motor Hotel, Inc. C. Acceptance and Approval of Silver Star Road/Johio Shores Road Water Main Change Order #1 D. Acceptance and Approval of Emergency Expenditure Not to Exceed $6,000 to Replace Air Conditioner and Increase Capacity from 10 to 15 Tons E. Authorization for Appraisal for South Water Plant Land Commissioner Combs, seconded by Commissioner Foster, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. ~ COMMENTS FROM CITIZENS/PUBLIC Mr. R.P. Mohnacky, 1820 Prairie Lake Blvd., said that he had reported earlier that there was a stop sign on one side of A.D.Mims Road at the railroad track and not one on the other side and he felt that was a dangerous situation. Now he has found another place where there is a similar problem, at Johio Shores and Silver Star going south but not a sign going north. His concern is that a citizen will think that it is a three-way stop '-' ~ \., Page 4 Ocoee City Commission Regular Meeting May 1, 1990 and pullout at the wrong time. Mayor Dabbs said that our people can get with the County and work something out. Cathy Doss Woodson explained that the sign was put up for residents so that they can get onto the street during school traffic hours. SECOND READING AND PUBLIC HEARING 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." was presented by title only. City Manager Shapiro reported that there were unbudgeted funds received due to the large increase in building permit revenue as well as other departments, and by putting that with money gleaned out of accounts that had not spent what was anticipated, he was able to plan to hire the needed additional employees and still put some funds into contingency. The additional employees are; code enforcement officer, building clerk, chief building inspector, several parks maintenance people, deputy city clerk, personnel director, fire inspector, engineering department aide and secretary, accountant, finance clerk, and management aide. This will not cause an increased tax burden, it is revenue paying for itself. Mr. Shapiro said that he anticipates a cash carryover twice as large as last years. The public hearing was opened. Mr. R. P. Mohnacky said that Mr. Shapiro had made such a good report it was hard to try to knock a lot of it down. However, he was concerned with the increase in personnel and the future funds to cover that expense. City Manager Shapiro said that some of these jobs are for growth and when growth stops there will be no further need for those jobs; but the majority of the positions were needed several years ago. It will be necessary to react to the needs when the time comes. Mr. Mohnacky asked then about the expansion of pay grades, thinking that it meant a pay raise. City Manager Shapiro explained that a market survey showed that, though we are close to the front end of the pay scale, we were unable to retain people we had trained on the other side because we were not paying the high side of the pay scale. The expansion City Manager Shapiro is recommending will be a total of six steps or a 30% difference between the minimum-maximum pay for each grade. The object of the expansion is to keep the people on staff who have been trained to do the job and the total cost of the expansion is $10,000. Cathy Doss Woodson asked if the person spoken of to do research for the City Manager will be a paralegal. City Manager Shapiro advised that the person he will be looking for will be someone in college at the end MPA who is looking for six months experience to put on their resume. As there was no one else wishing to speak the public hearing was closed. Commissioner Woodson, seconded by Commissioner Johnson, moved to adopt Ordinance No. 90-09. 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. '-" Page 5 Ocoee City Commission Regular Meeting May 1, 1990 PLANNING AND ZONING ALTERNATE MEMBERS REAPPOINTED Commissioner Johnson moved to reappoint Darlene Rhodus and Gary Carroll as alternate members for the Planning and Zoning Commission and then advised that the list provided for the Board of Adjustment shows Darlene Rhodus on it in error. Commissioner Foster seconded the nomination and the motion carried with unanimous vote in favor. BOARD OF ADJUSTMENT REAPPOINTMENTS WERE TABLED UNTIL NEXT MEETING FIRST READING-ORDINANCE 90-10, AMENDING BOATING CODE Ordinance No. 90-10, amending the Ocoee Boating Code which establishes boating regulations for boating activity on various waterways located in whole or in part within the city limits, amending Section 2 of Ordinance No. 89-46 by adding Prairie Lake; providing for severability; providing an effective date was presented by title only for the first reading. Second Reading and Public Hearing are Scheduled for May 15, 1990. STAFF REPORTS City Manager Shapiro - None '-' Planning Director Behrens reported that the County has installed roadway signs at Maguire Road/Highway 50 and will put signs at Bluford Avenue/Highway 50 and Good Homes Road/Highway 50 soon. COMMENTS FROM COMMISSIONERS Commissioner Combs thanked all involved for helping to make the Walk-A-Thon a success and reported that the Kiwanis Club B-B-Q at Westside Vo-Tec made over $1200. Commissioner Foster thanked all for the help given to Ocoee Historical Commission at the Blue Grass Jamboree. Commissioner Woodson 1) Asked why the phone booth has been removed from the corner of McKey/Bluford, 2) Reported a hole that is forming again in the driveway where Mrs. Brimer's son lives, and 3) Reported that the railroad track crossings are getting bumpy on Kissimmee and also Bluford/Lakewood Avenue. City Manager Shapiro said that we participate in maintenance of some crossings but not all, and he will notify the railways which ones are in need. Commissioner Johnson said the the reception for former Mayor Ison and former Commissioner Hager was good roasting and toasting for two very deserving people. ~. Mayor Dabbs reported that when he attended the meeting for the Council of Local Governments he saw a presentation on drainage districts and the success they are having which our staff may need to see. City Manager Shapiro explained how a drainage utility works and advised that, as t~ere is definitely a need for us to begin dealing with the issue, he will be preparing a presentation over the summer months. City Manager Shapiro announced that our \.r '-' '-' Page 6 Ocoee city Commission Regular Meeting May 1, 1990 Mayor Dabbs has been elected chairman of the Council of Local Governments. Mayor Dabbs announced that on Wednesday, May 2 representatives of the Commission will be going to Tallahassee to lobby for our rules and on Thursday, May 3 from 4:30 - 5:30 p.m. an educational rally will be held at Lake Eola in Orlando by the School Board, the Classroom Teachers Association and various governmental entities to get the message across regarding the need for educational funding. Mayor Dabbs also reported that a "NO Wake" sign has been requested at the launching area on Starke Lake. ADJOURNMENT The meeting adjourned at 8:57 p.m. '-~-..i.k'~ .f~..".-...':' :J...-...., 1l........~..d."J, ,I- :.Jl!.,'.... (Attachment to the Minutes of City Commission Meeting Held May 1, 1990) . ~ FOLEY & LARDNER. VAN DEN BERG. GAY. BURKE. WILSON & ARKIN ~ III NORTH ORANGE AVENUE, SUITE IBOO POST OFFICE BOX 2193 ORLANDO, FLORIDA 32802-2193 IN MILWAUKEE, WISCONSIN FOLEY & LARDN ER TELEPHONE (407) 423 -7656 FACSIMILE (407) 648-1743 FOLEY 0. LARDNER MADISON, WISCONSIN CHICAGO, ILLINOIS ITASCA, ILLINOIS WASHINGTON, D. C. ALEXANDRIA, VIRGINIA ANNAPOLIS, MARYLAND JACKSONVILLE, FLORIDA TALLAHASSEE, FLORIDA TAMPA, FLORIDA WEST PALM BEACH, FLORIOA 777 EAST WISCONSIN AVENUE MILWAUKEE,WIS.53202-5367 TELEPHONE (<414) 27'-2400 TELEX ae ~ele M E M 0 RAN DUM FROM: The Honorable Mayor and City Commission of the City of Ocoee, Florida Paul E. Rosenthal, Esq., City Attorney ~fL- TO: DATE: May 1, 1990 RE: Impact Fees for the Replacement of Mobile Homes ----------------------------------------------------------------- \.; A question has arisen concerning what Impact Fees should be charged for the replacement of mobile homes (or other dwellings). The City's current practice is to charge a transportation impact fee if the replacement occurs more than thirty days after the initial removal. Apparently the thirty day time period is taken from an ordinance concerning nonconforming uses. That ordinance is not related to impact fees and cannot be used as a basis for determining when to impose impact fees. The transportation impact fee ordinance provides that any person who applies for the issuance of a building permit for a IInew buildingll must pay the impact fee. The term "new building" is not defined. A strict construction of this Ordinance would require the imposition of an impact fee for every replace- ment of a mobile home regardless of how promptly the replacement occurred. The impact fee ordinances for parks, fire and police all provide that lIany person who, after the effective date of this ordinance, seeks to develop land by applying for the issuance of a building permit for any residential or non-residential dwelling unit. . shall be required to pay an impact fee prior to the issuance of the building permit or any other development permit for the construction of any structure to be used for a residential or non-residential dwelling." Strictly construed, these impact fee ordinances would also require that a fee be paid for every replacement regardless of how promptly the replace- ment occurred. ~ However, court decisions dealing with impact fees have stressed that such fees must be fairly related to the burdens ~ TO: The Honorable Mayor and City Commission of the City of Ocoee, Florida May 1, 1990 Page 2 \. ------------------------------------------------------------------ placed on the City's services and infrastructure. Where a mobile home is promptly replaced with a comparable mobile home there would appear to be no impact on the City resources. On the other hand, if the mobile home lot is left vacant for sufficiently long periods of time, the City may transfer its resources else- where. In this situation an increased burden would be felt by the City when the replacement of the mobile home finally occurred. Since much of the City's planning and management for its resources is accomplished through the annual budgetary process, a one year period before a mobile home replacement results in the imposition of impact fees would be supportable. Further investigation by the City may justify the imposition of impact fees based on a shorter duration. In summary, it is our opinion that impact fees may not be imP9sed in connection with the replace- ment of a mobile home if a comparable replacement occurs within one year of the removal; provided, however, that there may be a factual justification for a shorter time period. Should the City decide to impose a time limit for the imposition of impact fees on the replacement of dwellings this policy should be incorporated in appropriate amendments to the City's Code of Ordinances relating to impact fees. '-' /jh cc: l~ Ellis Shapiro Mr. Don Flippen Mr. Bruce Behrens Mrs. Jean Grafton :j ....' :, ;.:;u"