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HomeMy WebLinkAbout08-06-91 '-' MINUTES OF THE OCOEE BOARD OF CITY COKKISSIONERS REGULAR MEETING HELD AUGUST 6, 1991 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. Mayor Dabbs led in prayer and the pledge of allegiance and upon calling the roll, declared a quorum present. PRESENTATIONS AND PROCLAKATIONS Mayor Dabbs announced that the two new school principals in our community whom he wished to introduce were not yet present and he moved forward to the next agenda item. Kiss Jessica Curey requests funds to attend the National Young Leaders Conference in Washington D.C. Miss Jessica Curey, 535 Woodson Avenue, announced that she has been nominated by the Congressional Youth Leadership Council to attend a six day National Young Leaders Conference in Washington D.C. and requested financial aid to make the trip. Miss Curey estimated the cost to be about $1,000 (including tuition and travel only) and she has collected $110 so far. Commissioner Johnson, seconded by Commissioner Combs, moved to contribute $500 from the contingency fund. Motion carried with unanimous vote in favor. '-' Two New Principals Introduced Mayor Dabbs noted that the tardy principals had arrived and invited them to come forward to be introduced. After welcoming Ms. Sarah Jane Turner, West Orange High School, and Ms. Jennifer Reeves, Ocoee Middle School, Mayor Dabbs presented each with a City of Ocoee watch. Ms. Reeves and Ms. Turner each spoke briefly about their goals in their new positions and asked for continued and renewed citizen/parent involvement during the upcoming school years. CONSENT AGENDA The proposed consent agenda consisted of items A, B, C, D, E, F, G, H, I, J, K, L, M, and N. Mayor Dabbs pulled items I and J. Commissioner Combs pulled items C, D, and G for clarification before voting. City Attorney Rosenthal said that there was no need to pull item B but he wished to advise Commission that he had not yet received clarification from Florida Power Corporation regarding one point and he asked that the document be approved with the provision that one paragraph may be deleted from the purchase agreement. Mayor Dabbs said that the items pulled for clarification would be discussed before voting on the entire consent agenda. Commissioner Combs asked why, in items C and D, we agreed to pay more than the appraised value of property and also put in a new driveway. City Attorney Rosenthal explained that it is in the City's best economic interest to avoid condemnation proceedings where possible and that replacing the driveways that we are covering is an obligation. Mr. Rosenthal explained further that these parcels are in unincorporated County. ~ Mr. Ben Griffin, 345 S. Lakeshore Drive, confirmed Mr. Rosenthal's statement regarding condemnation proceedings and said that buying at 25% above the appraised price saves money. Mr. Griffin then suggested that Commission should turn this proposal down, stop the Clark Road project, and send the bond money back and the City would be better off. '-" Page 2 Ocoee City Co..issioD Regular Xeeting August 6, 1991 Commissioner Combs asked if the Silver Ark Final Replat (item G) includes a filling station. City Attorney Rosenthal said that there is nothing to prevent a filling station from going there as the plat meets code and the approval is timed to permit the recording of the plat to coincide with the closing of certain other documents. It was determined that this item would not be included in the vote for the consent agenda. ~ Ci ty Manager Shapiro explained items I and J which have to do with M & M Utilities. Mr. Shapiro said that the press has given a one sided view and he gave the history of M & M Utilities: The utility was first constructed by a private entity as a package plant to serve the mobile home parks and the commercial area on Ocoee-Apopka Road/Silver Star Road. The facility was sold to M & M Utilities who left it in a mess with the result that it was declared a health hazard. The courts appointed Southern States Utilities to run the facility and in two years Southern States reported that they had lost at least $41,000. They said that if they were to continue to serve that area they would prefer to establish a full sewer service area north and west of their area so that they could recoup their losses. The estimated cost of purchasing a spray field and redoing the pipes and the plant was $450,000-$500,000. That cost would then be passed on to the clients. Feeling that this was not fair and that the citizens concerned would be better served to be tapped into the city's sewer system, the City approached the county for help to install a lift station and reclaim the package plant area for use as a park. The county grant was changed so that the City of Ocoee could receive $200,000 from the Federal Government. Because of the loan agreement with Barnett Bank, any equivalent residential unit tapping into the City's sewer service must pay a $2,800+ tap-in fee. The Public Service Commission forced the owners of the property to give the City of Ocoee the necessary property by quit claim deed and the City of Ocoee has agreed to deduct the value of that property from the amount charged to an individual owner. If the upgrade of the system is not made, the property will be condemned by the County, and both the businesses and the residents will have to vacate the area. '-" As item G was pulled from the consent agenda the remaining items were: A. Acceptance and Approval of Minutes of Regular Commission Meeting of ~ul~_1991 B. Acceptanc~ and Authorization to Execute Purchase Agreement with Florida Power Corporation for Clark Road Project/Tract No.7 ~~___Approval and Authorization to Execute Purchase Agreement with Melvin and Patricia Borsiewicz for Clark Road ~IQject/Tract No. 19 D. Acceptance and Authorization to Execute Purchase Agreement with Michael and Robin Goerling for Clark Road Project/Tract No. 17 ~!.____ Acceptance and 1~J!JhC?_ri~~!i:on__~0. Execute Amendm~nt~~he Develope_~ Agreement with Silver Ark, Ltd. r!._.._.llcceptan~ and___Auth~.rizatton_to Execute Amendment to the Developer Agreement with W. C. Davis as Trustee ff!...._~nroval and Acceptance of Transfer of Water/Sewer Capacity from Hawthorne Pro~rties to Centex Real Estate Corporation (in addition to _the t~~nsfeL~l?proved at Jul~meeting) I. Approval and Acceptance of Quit Claim Deed from Land Investment !~ncy.Ll.!l~.__ to ~JJ.e City of Ocoee (M & M Utili ties Plant Retention Pond Sites) !. Approval and Authorization to Execute Quit Claim from City of Ocoee to Gary Michael Mood.YL~L & M Utili ties Page 3 Ocoee City Coaaission Regular Xeeting August 6, 1991 ~...._._~..Pli ov al._.~nd ._~ggE~~.t~n~_~._QL]:me.!'~I!..~Y.Ji~~ai r ._!,!,g~~~I,l.!'~1 or. _~.~]{eslt()!'.~ Drive by DeWitt Excavating Inc. in the Amount 0~~A~400~~_~_I~~d~ !Q..J?~ Borro.!e.d.1 rom R()~~Lt.!llli~l_l~.J.l_g_~.!l.(LR.e.~~tcLl>Y..~t orl!lwa !~r.J!t:HiJ Y Fund or General Fund at 8% Intere.st k!-._~.p~roy'~+_@g..!uth9ri~~ ti()1L to .. Gr.~IlL.Exten~1()!l..!.Q_~LJ>.!.. Feinstein, Developer, until Jul~, 1992 fQr Preconstruction Conference on the .J'_roposed Devel.Q~l!LenL.of._~pri.!ML.Lake Subdi vision 'plan~ M.~~roval and Authorization to Execute the Second Amendment to In t.e..rg9v~r nme.n t al_.~Jl.ree.ment Be t!~JL.tlle..J~.i t Y..Ql..9cOe!L{md the Gre~!e.r Orlando ~viation Authority Extending the A~reement to September 30, 1994. ~.!._.~.PMov~l._~I!..Llll! tho.1"J..?: a t!.Q.!L1Q... EX.e.cl!.t~._ thLAgreemen t l!i t~...McDirmi L. Davis, Lauteria and Company for Auditor Services for FY 90/~ !."t.n /9?L and ..FY__~1L..9 3 Commissioner Combs, seconded by Commissioner Johnson, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. G._~roval and Autho~:i~Ation...1Q....~xecute.1i!lal Plat for Silver ~rk__-=-.! Replat. Commissioner Johnson, seconded by Commissioner Woodson, moved to approve item G. Motion carried 3-1 with Commissioner Johnson voting "aye," Commissioner Woodson "aye, Mayor Dabbs "aye," and Commissioner Combs "No." (Commissioner Foster was not present.) -~ COKKENTS FROX CITIZENS/PUBLIC Mrs. Susan Neubauer, 1209 Baranova Road, requested trash fee exemptions as she recycles all of her household waste. City Manager Shapiro said that the law now provides that all must pay for the service whether they use it or not and, if Commission wishes, he will see if a change can be made; however, he pointed out that if Commission provides an option, :c could have serious consequences. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, advised that he will be away and will miss the budget meetings and wished to raise several points for consideration: 1. That citizens should only have to pay for the services they use. 2. Corrections to drainage problems should be paid for by the citizens living 1n the immediate area benefited by the improvement. 3. Projects should be kept simple - retain water at the highest level first instead of waiting until it is at the bottom. 4. He objects to facilities to process effluent. PUBLIC HEARINGS Vestridge-Substantial Change to Land Use Plan (to be continued) City Manager Shapiro advised that the developer has requested that this item be continued as they wish to re-work the entire plan. As Commission must have a hearing within 45 days of Planning and Zoning recommendation, the pUblic hearing was opened. Mr. Mohnacky asked if this was going back before Planning & Zoning; that question had not yet been determined. The public hearing was closed. Commissioner Woodson, seconded by Commissioner Combs, moved to continue this pUblic hearing until November 5 regular meeting. Motion carried with unanimous vote in favor. "'-' Page 4 Ocoee City Commission Regular Keeting August 6, 1991 OTHER BUSIBESS Withers-Kaguire House Discussion/Authorization to Execute Grant Award Agreement, Request for Advanced Grant Payaent, and Final Letter of Agreement with State Division of Historical Resources for Withers-Kaguire House Director of Administrative Services Beamer advised that the documents as provided in the packet had been changed to provide for Mayor Dabbs' signature and further that City Attorney Rosenthal had expressed concern regarding Exhibit A, Section 12, of the standard document. Mr. Rosenthal wished to include assurance that in no way should this paragraph be construed as a waiver of sovereign immunity; further, as one commission cannot obligate another, the phrase "Subject to annual appropriation of funds, the Grantee agrees..." should be inserted in Section 1 of the Draft Letter of Agreement. Mayor Dabbs, seconded by Commissioner Combs, moved to authorize execution of the Grant Award Agreement, the Request for Advanced Grant Payment, and Final Letter of Agreement and requested that a cover letter stating Mr. Rosenthal's language with regard to indemnity and annual appropriation of funds be submitted with the documents. Motion carried with unanimous vote in favor. A copy of the letter submitted is attached to these minutes as Exhibit A. Discussion/Kotion to Proceed with Co..ittee Selection Kethod Ms. Beamer asked also that a selection committee consisting of Mayor Dabbs, Montye Beamer, Don Flippen, Sherry Snell, Elizabeth Maguire, and Nancy Hamer be ",-,. appointed to review the proposals and bids. Mayor Dabbs asked Commissioner Woodson to take his place on the selection committee. Commissioner Combs, seconded by Commissioner Johnson, moved to appoint the committee as requested but replace Mayor Dabbs with Commissioner Woodson. Motion carried with unanimous vote in favor. Resolution Bo. 91-15, "relating to the acquisition by eminent domain of property, including, but not limited to, fee title and easement interests, located generally along the proposed Clark Road lying between White Road and Silver Star Road; providing for severability; providing an effective date." This resolution was presented by title only and City Attorney Rosenthal explained that the document to be signed was different from those provided in the packet in that the numbering of parcels had been corrected. Commissioner Woodson, seconded by Commissioner Combs, moved to adopt Resolution No. 91-15 as corrected. Motion carried with unanimous vote in favor. Approval and Authorization to Issue Special Permit to Rocking Horse Stables for Sleeping Facilities for Bightwatchman/Caretaker for an Animal Confinement Area Mr. Billy Cornell, Rocking Horse Stables, 740 Maguire Road, pursuant to Ordinance No. 91-17, requested a special permit to provide two sleeping facilities for a nightwatchman or caretaker for the animal confinement area at his stables. Staff recommendation was to permit only one sleeping facility. Commissioner Johnson, seconded by Commissioner Woodson, moved to approve as staff recommended for only one sleeping facility. Motion carried with unanimous vote in favor. ."..., '-' Page 5 Ocoee City Commission Regular Keeting August 6, 1991 Approval and Authorization to Issue Special Permit to Kr. Grover Voss for Sleeping Facilities for Bightwatchllan/Caretaker for an Animal Confinement Area Mr. Grover Voss, 6648 Christina Marie Drive, Orlando, requested a permit to place sleeping facilities for a nightwatchman or caretaker for his property located at the northwest corner of Silver Star Road and Johio Shores Road as it is an animal confinement area. Mr. Voss further requested permission to use the septic tanks and deep wells that had been in use for 2 mobile homes prior to annexation into the City until the property is developed. City Manager Shapiro asked that response to this part of the request be delayed until staff can work on the details. Commissioner Johnson, seconded by Mayor Dabbs, moved to approve the special permit for sleeping facilities for a nightwatchman or caretaker. Motion carried with unanimous vote in favor. FY 91-92 BUDGET KESSAGE City Manager Shapiro read his budget message and announced a budget workshop is scheduled for August 15, 1991 at 6:30 p.m. and will be continued on August 20 at 6:30 p.m. if needed. Appointment to Citizen Advisory Council for Police Department Commissioner Johnson, seconded by Commissioner Combs, moved to reappoint Mr. Richard Davis to serve another 3 year term on the Citizens Advisory Council as his term expires September 1991. ~ STAFF REPORTS - There were no staff reports. CODDTS FROK CODISSIOBERS Commissioner Woodson: 1) Read a letter regarding a used tire disposal site made available by county for the use of citizens. 2) Thanked someone for mowing Veronica Place. Couissioner Combs said someone needs to provide Director of Administrative Services Beamer with a name-plate. Coaaissioner Johnson: 1) Asked about the entrance to the park from Adair Street. 2) Asked what consideration had been made regarding bussing children to school vs. preparing sidewalks. KayorDabbs: 1) Read a report from Chief Boyd regarding the City of Ocoee ranking 6th in safety in cities in the nation with population over 10,000. 2) Announced that Mrs. Estelle Freeman died and that at age 104 years was Ocoee's oldest citizen. ADJOURlOlDT The meeting adjourned at 9:05 p.m. ~ ~ ~ '-' "EXHIBIT A" "CENTER OF GOOD UVING - PRIDE OF WEST ORANGE" MAYOR-COMMISSIONER LESTER DABBS, JR. CITY OF OCOEE COMMISSIONERS RUSTY JOHNSON PAUL W.FOSTER VERN COMBS SAM WOODSON 150 N. LAI<ESHORE DRIVE OCOEE FLORIDA 34761 (407) 656-2322 August 7, 1991 cm MANAGER ELUS SHAPIRO Mr. Robert Taylor Historic Preservation Planner Florida Department of State Division of Historical Resources R.A. Gray Building 500 South Bronough Tallahassee, FL 32399-0250 Dear Mr. Taylor: The City Commission at its August 6, 1991 meeting approved and authorized the Mayor to sign the Grant Award Agreement and the Request for Advanced Grant Payment Form. As a part of the motion, they indicated that Exhibi t A, Paragraph 12, in no way was to be construed as a waiver of sovereign immunity. The City of Ocoee is entering into this agreement in good faith and any indemnity must be limited to the extent permitted by law. One insertion was requested for the Draft Letter of Agreement. Section 1 needs to be changed to include at the beginning of the sentence: "Subject to annual appropriation of funds, the Grantee agrees...." While the current City Commission has authorized funding for maintenance and repair of the Wi thers-Maguire House, it cannot bind future Commissioners to appropriate funds. The Withers-Maguire House stands on property which includes Ci ty Hall and its planned expansion (completion date, 1992) the Police Department with its expansion (completion date, 1992) and one of our Fire Stations. It is an integral part of the complex as well as the lakefront park and, as such, will continue to be a source of pride for the community. Our Historical Commission through its independent fund-rais ing activities has raised and continues to raise monies for not only restoration but also repairs. If this revision to the Letter of Agreement is acceptable to the State, the Mayor has authorization to sign its final form. Should you have any questions, please contact my office. We are proceeding with the August 11, 1991, advertisement for architectural services; a mandatory pre-submittal conference is scheduled for August 19 with an opening date of August 30, 1991. Sincerely, ES:fdg