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HomeMy WebLinkAbout09-04-90 MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD SEPTEMBER 4, 1990 '- The regular meeting of the Ocoee Board of City Commissioners was called to order by Mayor Dabbs at 7:38 p.m. in the commission chambers. Commissioner Woodson led in the prayer and pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Johnson and Woodson. Also present were City Manager Shapiro, City Engineer/Utilities Director Shira, Public Works Director Brenner, Finance Director Poston, Associate Planner Claman, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mayor Dabbs called attention to a proclamation designating September 13, 1990 as D.A.R.E. Day (Drug Abuse Resistance Education) and explained that this is a new program being introduced to Ocoee schools that will benefit the students. Mayor Dabbs presented Employee James Mobley with an award of appreciation for donating four gallons of blood to the City of Ocoee Blood Bank Account. CONSENT AGENDA The proposed consent agenda consisted of items A and B. ~ ~ Acceptance and Approval of Minutes of Commission Regular MeetinQ of Auqust ~ 1990 ~ Acceptance and Authorization for Wastewater Plant ~ Expansion Bid Award for Construction Commissioner Foster, seconded by Commissioner Woodson, 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., reported that the grass is high on Johio Shores Road/Silver Star Road again. Mr. J. B. Griffin, 345 S. Lakeshore Drive, spoke regarding the bonded indebtedness and said that he felt the Commission should represent all the citizens, that they should not have annexed Clark Road, and that they should have waited for the County to pave Clark Road when the traffic count warrants it rather than going ahead with it now. Mr. Griffin suggested putting the matter to referendum vote in November. Mayor Dabbs pointed out that all but two of those parcels are already in the City. City Manager Shapiro noted also that concurrency requirements make it necessary to prepare for anticipated growth and that the City already has acquired the right-of-way all the way to Highway 50. '- Page 2 Ocoee City Commission Regular Meeting ~ September 4, 1990 SECOND READINGS AND PUBLIC HEARINGS ORDINANCE NO. 90-19, "relating to intersection separation; amending Section 6.3.8 of Article VI of Appendix B regarding intersection separation; providing for severability; providing an effective date." was presented by title for the second reading and public hearing. City Manager Shapiro explained that prior requirements called for intersections for arterial roads and collector roads to be a specific distance apart and this ordinance amends that requirement so that intersection spacing will be individually considered. The public hearing was opened and, no one wishing to speak, the hearing was closed. Commissioner Combs, seconded by Commissioner Foster, moved to adopt Ordinance No. 90- 19. Motion carried with unanimous vote in favor. AWARD OF BID FOR COMMERCIAL GARBAGE EXCLUSIVE FRANCHISE FOR THE COLLECTION OF COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL GARBAGE ACCOUNTS - Public Hearing and Presentations (Continued from August 21, 1990) In response to a duly advertised request for bids, three companies submitted proposals for an exclusive franchise for the collection of commercial, industrial and institutional garbage in the City of Ocoee and their representatives gave brief presentations to the Commission at this time. The companies and their representatives are as follows: ~ 1) Industrial Waste Service Kerry Bazinet, General Manager Tom Daley, Public Relations Officer 1099 Miller Drive, Altamonte Springs 2) Florida Garbage Service Thomas Wassel, Owner Kelley R. Redman, Vice President P.O. Box 2368 Winter Park 3) Waste Management of Orlando Dale Bilthouse, General Manager 3419 Vineland Road Orlando After the public hearing was opened and the representatives had given their presentations, Mr. R.P. Mohnacky said that he was concerned about the recycling cost due to a likely glut on the market, and he also asked how long the contract would be for. He was advised that the contract would be for three years with an option for a two year renewal. '-" Page 3 Ocoee City Commission Regular Meeting ~ September 4, 1990 Public Works Director Brenner advised that he had visited all three applicants and after examining their basic over-all operations, equipment and billing procedures, it was his recommendation to award the bid to Industrial Waste Service. The public hearing was closed after brief comments from the Commission. Commissioner Woodson, seconded by Commissioner Johnson, moved to approve staff recommendation to award the contract to Industrial Waste Service. On roll call Commissioner Combs voted "aye," Commissioner Foster "No," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried with 4-1 vote. AWARD OF FRANCHISE-LAKE APOPKA NATURAL GAS DISTRICT - Public Hearing and Presentation City Manager Shapiro reported that Lake Apopka Natural Gas District had approached him requesting this franchise as they had several prospective commercial customers within the City and, as the return to the City would be considerable, staff was instructed to review the matter. After investigating thoroughly staff now recommends approval. The public hearing was opened and Mr. Julian Roberts, General Manager of Lake Apopka Natural Gas District, P.O. Box 188, Plymouth, said that he appreciated Mr. Shapiro's report and that he had learned some time ago not to try to fix something that was not broke and so he did not enlarge on City ~ Manager Shapiro's report. Mr. Roberts did make several other comments, however, saying he attributed his breathing problems to being drug around the football field in Ocoee (he was a student at Apopka School) and he recalled also that at a basketball game some Ocoee Cardinals broke his leg. Commissioner Foster wants the record to show that it happened before his time. The public hearing was closed. Commissioner Johnson, seconded by Commissioner Combs, moved to award the franchise to Lake Apopka Natural Gas District as requested. Motion carried with unanimous vote in favor. Commissioner Foster asked about distribution plans. Mr. Roberts responded that installation is difficult to do once the sidewalks are in but newly developing areas are being considered. OTHER BUSINESS RBSOLUTION NO. 90-10, "amending prov1s10ns for required public hearings in the comprehensive planning process for the City of Ocoee, Florida adopting a revised comprehensive plan completion schedule, and providing for written comments in conformance with the mandates of Chapter 163, Part II, Florida Statutes, and Chapter 9-J-5, Florida Administrative Code: providing for severability: providing for an effective date." was presented by title and City Manager Shapiro explained that this is a necessary ~ Page 4 Ocoee City Commission Regular Meeting ~ September 4, 1990 '-' ....... part of the process for adopting the Comprehensive Plan as some of the meeting dates originally announced have had to be changed. Commissioner Combs moved to adopt Ordinance No. 90-10 with an additional change on the schedule as presented in Exhibit A from September 6 to September 10 for the Traffic/Infrastructure Committee Reports. Commissioner Foster seconded and motion carried with unanimous vote in favor. RESOLUTION NO. 90-13, adopting Deferred Compensation Plan This Resolution was presented by title only and City Manager Shapiro explained that adoption of this Resolution will give employees an opportunity to voluntarily take part in the ICMA administered deferred compensation plan. Commissioner Foster, seconded by Commissioner Johnson, moved to adopt Resolution 90-13. Motion carried with unanimous vote in favor. A presentation will be scheduled for all employees and the Commission. APPROVAL OF REVISION TO EMPLOYMENT AGREEMENT WITH CITY MANAGER SHAPIRO A proposed reV1S10n to the contract with City Manager Shapiro which had been agreed on at the August 21, 1990 City Commission meeting is as follows: Delete Section 2(2) (h) Deferred Compensation: fitBxeep~ as p~ovided ift See~ioft ifitthtfiit beiow, ~he Bmpioyee shaii pa~~ieipa~e ift ~he ei~yis Re~i~emeft~ Piaft a~ ~he same ievei of fuftdift~ p~ovided fo~ o~he~ empioyees of ~he ei~Y7 fiit ~he ei~y aekftowied~es ~ha~ ~he Bmoiyee has ~e~ues~ed ~ha~ he be eft~oiied ift ~he zft~e~fta~ioftai ei~y Mafta~emeft~ Assoeia~ioft fzeMAt ~e~i~emeft~ piaft ift iieu of ~he ei~y Re~i~emeft~ Piaft aftd ~ha~ ~he ei~y make aft aftftuai eoft~~ibu~ioft ~o said zeMA ~e~i~emeft~ pian e~uai ~o ~eft pe~eeft~ fi9't of ~he base aftftuai saia~y of ~he Bmpioyee7 6poft ~eeeip~ of a le~ai opiftioft f~om ~he ei~y A~~o~ftey re~a~dift~ sueh ~e~ues~, ~he ei~y aftd ~he Bmpioyee a~~ee ~o ~efte~o~ia~e ~he p~ovisiofts of ~his See~ioft zfitfht~ p~ovided, howeve~, ~ha~ ~he ei~y shaii ftO~ be obii~a~ed ~o a~~ee ~o afty p~o~ram whieh, ift ~he opiftioft of ~he ei~y, has aft adve~se affee~ Oft ~he ae~ua~iai souftdftess of ~he ei~yis Re~i~emeft~ Pian7 Then Add: Section 2(2) (h)The City acknowledaes that the Employee has reauested that he be enrolled in the International City Manaaement Association (ICMA) retirement plan in lieu of the City Retirement Plan and that the City make ~ annual contribution to said ICMA retirement plan equal to eiaht percent ~ of the base annual salary of the Employee. Commissioner Woodson, seconded by Commissioner Combs, moved to adopt the revision to the employment agreement. Motion carried with unanimous vote in favor. '-" Page 5 Ocoee City Commission Regular Meeting September 4, 1990 RESOLUTION NO. 90-14, in support of the Orange County Drug Abuse Trust Fund Program City Manager Shapiro explained that this is a program which will enable the City to support the Orange County Drug Abuse Trust Fund Program with a portion of the fine money collected from our arrests. Police Chief Boyd said that he wants to do a three to five month study to determine the dollar level of contribution to set. Commissioner Johnson, seconded by Commissioner Combs, moved to adopt Resolution No. 90-14. Motion carried with unanimous vote in favor. ..... FIRST READING OF ORDINANCES-Second Readings and Public Hearings are Scheduled for September 18, 1990 ORDINANCE NO. 90-20, "relating to states of emergency; creating a new Chapter 23 of the Code of Ordinances; designating the Mayor, or his designee, as the official with authority to declare a state of emergency; authorizing emergency measures including suspension of liquor sales, restrictions on firearms, establishment of curfew; restrictions on public congregations, prohibition of price gouging, and confiscation; providing penalties; providing for severability; providing an effective date." was presented by title only for the first reading. City Manager Shapiro explained that this ordinance must be in place before entertaining the final resolution to adopt the disaster plan. ORDINANCE NO. 90-21, providing for a regular municipal election to be held on November 6, 1990, and a run-off special election, if necessary, to be held on November 20, 1990; providing for the qualification of candidates; providing for elections boards and conduct of elections; providing for the registration of voters; providing for the canvas of returns; providing for voting machines; providing for additional duties of the City Clerk; providing for absentee ballots; providing for notice of election; providing for severability; providing an effective date." was presented by title only for the first reading. STAFF REPORTS City Manager Shapiro announced that he will be meeting with seven firms on the design of Clark Road and will have a short list ready for the first meeting in October. COMMENTS FROM COMMISSIONERS Commissioner Woodson thanked Foreman Elmore and his team for painting the building in Tiger Minor Park promptly when he reported the need. '-" Page 6 Ocoee city Commission Regular Meeting ~ September 4, 1990 Commissioner Combs (1) reported that there are a lot of pot holes, and (2) said that he had read that the three encumbants were having so much fun they will surely run for office again. Commissioner Foster confessed to saying that to the press when called on a Sunday afternoon when he had just spent his weekend reading the garbage franchise proposals. Commissioner Foster (1) thanked Foreman Elmore and his team for taking care of a drainage problem he had reported, and (2) announced that tie and jacket time was coming soon for the Commission. Consensus was to continue informal attire until the first meeting in October. commissioner Johnson (1) commended Public Work Director Brenner's group for taking care of problems reported, (2) expressed sympathy for Judy Henry at the loss of her mother and Joanna Brenner at the loss of her father, (3) asked who takes care of retention ponds, and (4) feels that 2 months of campaigning is six weeks too much. '-' Mayor Dabbs reported that he had been receiving calls regarding possible annexations in the Good Homes Road area. City Manager Shapiro said that the people calling are not opposed to the annexation but rather to zoning change. He said further that there is no progress on changes yet but there is an agreement with the cities and he feels that is binding enough. City Manager Shapiro announced that the window for annexation/rezoning petitions closes on September 14 and urged those who are planning to submit petitions to do so as, after September 14, no more will be accepted until after the Comprehensive Plan is adopted. ADJOURNMENT The meeting adjourned at 9:00 p.m. '-"