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HomeMy WebLinkAbout03-05-91 MINUTES OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD MARCH 5, 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. Commissioner Foster 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 Attorney Rosenthal, Public Works Director Brenner, Planning Director Behrens, and City Clerk Grafton. Mr. Craig Hunter, First vice President of Wm. C. Hough & Co., was present to answer questions regarding the Bond Issue. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mayor Dabbs presented City of Ocoee watches to guests from Great Britain: Mrs. Angela Perlmutter, Mrs. Janice Norman, Mr. Ronald Austin, and Mr. Peter Hore, who are Headmasters in Great Britain and visiting in this country. Each expressed appreciation for the hospitality enjoyed while here. '--' CONSENT AGENDA The proposed consent agenda consisted of items A and B. ~ Approval and Acceptance of ~ommission Reqular Meeting Minutes of February ~ 1991; ~ Approval and Authorization for Attornev Fishman to Proceed and Request Appellate Review of Order Denying Motion to Dismiss Second Amended Complaint in City of Ocoee ~ Stucki, Case No CI 89-9604 (Stucki ll. Commissioner Woodson, seconded by Commissioner Combs, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. COMMENTS FROM CITIZENS/PUBLIC There were no citizens comments at this time. PUBLIC HEARINGS BOND ISSUE FOR BUILDING CITY HALL AND POLICE STATION RESOLUTION NO. 91-05, "providing for the acquisition, construction, expansion, renovation, installation and equipping of the City of Ocoee's City Hall and Police Station; authorizing the issuance by the City of not exceeding $2,600,000 Capital Improvement Revenue Bonds to finance the cost thereof; convenanting to budget and appropriate certain funds for the payment of the Bonds and pledging all moneys on deposit to the credit of the Sinking Fund and the Revenue Fund created hereunder and the earnings on the investment thereof to secure payment of the principal of and interest on the Bonds; making certain Covenants and Agreements for the benefit of the owners of the Bonds; authorizing a negotiated sale of the Bonds; appointing the ~ registrar and paying agent for the Bonds; and providing an ~ Page 2 Ocoee City Commission Regular Meeting March 5, 1991 ~ effective date." was presented by title. City Manager Shapiro explained that a study was done regarding where to build and how to fund the project, that at the last meeting he had explained the differences and advantages of using the existing sites over the other sites which were available, and also that in using this method to pay for the construction of the new city hall and police station the cost will be paid by new growth rather than by taxpayers. Mr. Shapiro stated for the record that the paying agent is Citizens and Southern Bank and that information will be inserted in the document in the blank space provided. Mr. Shapiro stated further that Wm. R. Hough & Co. had put this to bid and Citizens and Southern Bank had tied with Barnett Bank. Citizens and Southern Bank was chosen because they had done our last paying agent job in a very satisfactory manner. City Attorney Rosenthal announced that this is an advertised public hearing which is being held pursuant to the provision in the Ocoee City Charter which requires that such a hearing be held for the issuance of bonds. The public hearing was opened. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked several questions about the cost of the bonds, the rate on interest paid, and the location of the buildings. Mr. Shapiro, Mr. Rosenthal and Mr. Hunter responded. Mr. Craig Hunter, Wm. R. Hough & Co., described the preliminary official statement which he has made available tonight and explained that, although they had thought this issue might not be rateable, in their Credit Committee review they had determined that they could get it rated, although not insured, which would make a difference of 25-35 basis points in the interest rate. If it is cost effective they will proceed that way. As no one else wished to speak the public hearing was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to adopt Resolution 91-05. 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. AUTHORIZATION TO RETAIN ISSUER'S COUNSEL City Manager Shapiro explained that it is necessary to hire Issuer's Counsel as well as Bond Counsel for this Bond Issue and recommended hiring Grace Dunlap, with the Foley & Lardner Tampa office, for an additional amount of $2,500. Such action will save approximately $10,000 and will not represent a conflict of interest. City Attorney Rosenthal explained that his firm will not be providing an independent review as City Attorney as they will be using Florida League of Cities forms, otherwise he would not recommend this action. Commissioner Foster, seconded by Commissioner Johnson, moved to appoint Foley & Lardner of Tampa as Issuer's Counsel. Motion carried with unanimous vote in favor. '-' Page 3 Ocoee City Commission Regular Meeting '-- March 5, 1991 SECOND READING AND PUBLIC HEARING ORDINANCE NO. 91-02, "relating to Garbage and Refuse Collection; establishing time for placement at and removal from curbline of solid waste or recyclable material containers for collection; providing for severability; providing an effective date." was presented by title for the second reading and public hearing. City Manager Shapiro explained that the majority of complaints that have been received at City Hall are from citizens complaining about garbage cans and refuse remaining curbside for long periods of time. In enforcing this ordinance he plans to have collectors red tag cans in violation, and only chronic violators will go to Code Enforcement. The public hearing was opened. Mr. R.P. Mohnacky pointed out that people who work at night might not be able to bring in their cans according to the schedule and would be in violation and he also asked about grass clippings collected over the weekend. The public hearing was closed. Commissioner Woodson agreed with Mr. Mohnacky and said that we are getting too many ordinances. Mr. Shapiro explained that he needs a legal basis in order for the sanitation crews to red tag the cans left out. Commissioner Combs said that he does not want harrassment from Code Enforcement officers. Commissioner Johnson relayed a message he had just received by telephone from Mrs. Pollack, 613 Spring Lake Circle, who said that she lives alone and has a problem getting her cans curbside and back to the house. There was further ~ discussion regarding the assistance that the sanitation crews give to citizens who need help. Commissioner Foster, seconded by Mayor Dabbs, moved to enact Ordinance 91-02. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "no," and Mayor Dabbs "aye." Motion carried with 4-1 vote in favor. OTHER BUSINESS Board Appointments Police Citizens Advisory Council-10 Members (Three Year) Terms Expire February 1991 Commissioner Combs, seconded by Commissioner Johnson, moved to reappoint the following for a three year term to the Police Advisory Council: David Aho, Sherrall Applegate, Ruth Aycock, Betty Hager, Nell Minor, Mel Shaner, Jim Sills, Tom Slimick, Gene Snow, Mary Anne Swickerath. Motion carried with unanimous vote in favor. Planning and Zoning Commission Commissioner Johnson, seconded by Commissioner Combs, moved to reappoint both Pat Bond and John Linebarier for three year terms to the Planning and Zoning Commission as their terms expire April 1991. Motion carried with unanimous vote in favor. '- Page 4 Ocoee City Commission Regular Meeting ~ March 5, 1991 STAFF REPORTS City Attorney Rosenthal advised that the response from the Ethics Committee regarding his question about the lobbyist registration is as follows: Elected Officials must register but do not have to pay the fee. Everyone else in the City who does any kind of lobbying or communication on behalf of the City with the Legislators will need to register and pay the fee. He has asked that a written opinion be sent to him for confirmation. City Manager Shapiro introduced our new Director of Administrative Services Montye Beamer. COMMENTS FROM COMMISSIONERS Commissioner Combs 1. Said he's proud to be an American this week (referring to the end of the Persian Gulf war). 2. Expressed concern about the districting coming up this year per City Charter. City Attorney Rosenthal explained that during November 1991 Commission must appoint a five member commission which will serve one year and that commission will divide the City into four districts geographically by population rather than voter registration, using the census report. After further explanation Mr. Rosenthal said that during the transition period it would be possible for one Commissioner to live in another Commissioner's ~ district, but that ultimately the Commissioner must live in the district he represents. And, also, that during an election not all registered voters would be voting, as the districts will have alternating election years for Commissioners. The Mayor will continue to be elected by City-wide vote. 3. Advised that he had interrupted two burglars in his house on Friday and held them at knifepoint until the police arrived. During the time the police were there they received two other urgent calls and he feels that next year's budget should include additional positions for police officers. Commissioner Foster 1. Reported complaints on dead landscaping trees at Good Homes Plaza and asked that Planning Director Behrens look into it. 2. Asked that Commissioners send letters regarding the Withers- Maguire House Grant if they have not already done so. 3. Commended Recreation Director Beech and Public Works Department for the condition of the playing fields. 4. Commended Commissioner Woodson and the Ocoee Lions Club for the outstanding Ocoee exhibit at the fair. ....... Commissioner Johnson 1. Reported that the trucks at 702 Silver Star Road are still presenting a traffic hazard. 2. Announced that the Girls' Club games will be going on for another month. 3. Asked for a work session to deal with the selection of the districting commission. Page 5 Ocoee City Commission Regular Meeting ~ March 5, 1991 Mayor Dabbs 1. Announced that March 22 the East Council Awards program will be held and Manager be present because we have two Oak Forest. 2. Announced the opening of the new Publix at Good Homes Plaza at 9:00 a.m. on Thursday, March 7. 3. Reported that he has received a request for funds from the YMCA and he recommended that anyone who wishes to donate do so. 4. Reported that he has been nominated for President-Elect of Florida Association of Secondary Schools Principals. 5. Said that he was overwhelmed by the support from this staff and friends during the recent death in his family. 6. Said that his older nephew has been accepted as the Assistant Secretary of the u.s. Treasury for Tax Policy. 7. Advised that he received a note from Commissioner Woodson apologizing for the incident at a recent meeting when a motion was made and the question called for in a manner which prevented Mayor Dabbs from making a comment about the issue. Central Florida Regional requested that Ocoee City entries: The Hammocks and Commissioner Woodson 1. Apologized again, saying it was certainly not his intent to keep anyone from saying anything at that point in the meeting. 2. Reported that the Asplundth tree trimmers are butchering the ~ trees throughout the town. 3. Asked City Attorney Rosenthal for a report on progress with the Post Office delivering mail to our annexed properties, noting that the census is done and the count is 12,775 population. City Manager Shapiro advised that there is a difference in feeling at the Federal level and they may be ready to talk to us now. 4. Reported that the Ocoee exhibit received third place at the fair. 5. Asked whether the April 2 Commission meeting will be changed. City Attorney Rosenthal advised that it would be possible for the Commission to vote to cancel the regular meeting and call a special session on another date. No action was taken at this time. 6. Said he was proud the service men are corning back so soon. ADJOURNMENT The meeting adjourned at 8:52 p.m. A ""