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HomeMy WebLinkAbout09-03-91 ~ KlNUTES OF THE oeOEE BOARD OF CITY COKKISSIONERS REGULAR KEETING HELD SEPTEKBER 3, 1991 The regular meeting of the Ocoee Board of City Commissioners was called to order by Mayor Dabbs at 7:30 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 Attorney Rosenthal, Administrative Services Director Beamer, City Engineer/Utili ties Director Shira, Planning Director Behrens, Building Official Flippen, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PRoeLAKATIONS - None CONSENT AGENDA The proposed consent agenda consisted of items A, B, C, D, E, and F. Mayor Dabbs pointed out that items E and F had been prepared for signing by Police Chief Boyd and, as the Charter requires that the Mayor sign all contracts and legal documents for the City, with that one part changed the documents would appear to be in order. ~~. Acceptance and Appro~al__Qf Minutes of Regular Com~ission Meeting of August 20, 1991 B._.__ Acceptance and Authorization tQ Execute Al!lendment to the Develo~I. ~greement with Mary Basmajian, Marilyn Ozanian, Gary Dostourian, ~ Mangala Char an Khalsa and Lori Dostourian (Clark Road). C. Approval and Authorization to Execute Purchase Aareement:Bennett -<Clark Road-.L ~____~_~ce.piance ~nd___~pproval of EJ.Cpendi tures O~_L 500 for Int~rsection Improvements Ocoee-Apopka Road/Silver Star Road and Authorization to Transfer Thofll_e Funds from 4_0l:::-531-49QQ_ Water Reserve Contin~~m~iQ 401-531-52Q2 Water Operating Supplies ~_!___~nroval and Authorization to _Execute Contract with Oran~Qunty School Board for School Resource Officers for 1991-92 School Year F. Approval and Authorization to Execute Mutual Aid Aareement Between Ocoee Police Department and Orange County Sherriff's Department Commissioner Johnson, seconded by Commissioner Combs, moved to approve the consent agenda as presented with the change pointed out by Mayor Dabbs pertaining to the signing line of items E and F. Motion carried with unanimous vote in favor. COKKENTS FROK CITIZENS/PUBLIC Mr. Everette Humphrey, 1 E. Columbus Street, and Mr. John Linebarier, 1308 Center Street, spoke against raising the fees for utility/garbage service. Mr. R.P. Mohnacky spoke about recycling. '-" EKERGENCY ITEK: STUCKI/DISCOUNT DEALS VS CITY or oeOEE RE: INVERSE CONDEDATION ON BLUFORD AVE. Mayor Dabbs declared this to be an emergency item at the request of City Attorney Rosenthal, who advised that the trial on the above noted lawsuit was scheduled for Wednesday morning but that a proposed settlement has been reached. Mr. Rosenthal explained the complaint and asked Tom Kelley, Consulting Engineer with P.E.C., to review the whole situation, which he did. After discussion Mayor Dabbs, seconded by Commissioner Johnson, moved to approve the proposed settlement '-" Page 2 Ocoee City Commission Regular Keeting September 3, 1991 in the matter of Ronald L. Stucki and Discount Deals, Inc. vs City of Ocoee, Case Number CI88-3081 as set forth in the letter dated August 31, 1991 from the City Attorney to A. Kurt Ardaman; further, to authorize the City Attorney to prepare, and as necessary, file all documents necessary to implement the settlement; and also to authorize the City Manager to obtain a survey of the real property to be acquired pursuant to the settlement; that the funds come out of the road impact fee and that those fees determined not to be needed as part of the intersection improvement of Kissimmee/Story Road intersection be paid back at current bank rate from a different fund in the future or the drainage utility fund, if passed. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. RECESS FROK 8:35 P.K. TO 8:47 P.K. PUBLIC HEARINGS Second Reading of Ordinances Ordinance No. 91-21, "relating to abandonment and vacation of streets and easements; enacting a new Chapter 23A of the Code of Ordinances; providing for purposes and methods; providing for the authority of the City Commission to act by resolution; providing for application form; providing for application fee; designating the planning department to receive applications; providing procedures on processing applications; providing for public hearings before the Planning ~ and Zoning Commission; providing for consistency with the Comprehensive Plan; providing for action by the City Commission; providing for severability; providing an effective date." was presented by title for the second reading and public hearing. The public hearing was opened and Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked for an explanation, which City Manager Shapiro gave. The public hearing was closed. Commissioner Foster, seconded by Commissioner Johnson, moved to adopt Ordinance 91-21, relating to the procedure to vacate a right-of-way. Motion carried with unanimous vote in favor. Establish application fee of $500 Commissioner Johnson, seconded by Commissioner Combs, moved to set the fee for an application to vacate right-of-way as ordered above in Ordinance No. 91-21 at $500. Motion carried with unanimous vote in favor. ~ Ordinance No. 91-22, "providing for a regular municipal election to be held November 5, 1991, and a run-off special election, if necessary, to be held on November 19, 1991; 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 Ci ty Clerk; providing for absentee ballots; providing for notice of election; providing for severability; providing an effective date." was presented by title for the second reading and public hearing. The public hearing was opened, and, no one wishing to speak, was closed. Commissioner Woodson, seconded by Commissioner Johnson, moved to enact Ordinance No. 91-22, relating to election procedures for 1991. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. .'-' Page 3 Ocoee City Co..ission Regular Meeting Septeaber 3, 1991 OTHER BUSINESS Allocation for Non-Profit Organization Funding City Manager Shapiro explained that, as Commission requested, the list had been provided of those non-profit organizations and individuals asking for funds for the last three years. Mr. Shapiro said tiat, as the Lions Club provides the energy and the City provides the funds for the fair and Christmas parade, it was felt to be more appropriate that the Lions Club request be budgeted under the community promotions account. Commissioner Johnson said that the wife of a city employee, Marilyn Calvert, is very ill and awaiting a liver transplant and that he wished to present her name to the list of those who will receive funds from this allocation. Each Commissioner listed his choices in turn, beginning with Commissioner Woodson. Commissioner Foster stated that he felt it to be inappropriate to use tax monies in this manner and so did not cast a vote for any of the listed organizations. Consensus was to allocate the $20,000 tentatively budgeted as follows: Non-Profit Organization '--' Liver Transplant Fund American Legion Post #109 Big Orange Games Boy Scouts of America Troop #198 Central Florida Council Boy Scouts Christian Service Center-W.Orange Daily Bread March of Dimes - Walkathon Meals on Wheels National Jr. Wheel Chair Games Ocoee Police Department - Toys for Tots Ocoee Pop Warner Jr/Sr Football League West Orange Unit - Girl Scouts West Orange YMCA Total from Non-Profit Organization Fund Balance to be held in contingency fund Amount $2,000 1,000 300 1,000 500 2,000 800 2,500 1,000 700 1,500 1,000 1,500 - $15,800 4,200 Ocoee Lions Club-from community promotion fund - 4,000 Commissioner Woodson, seconded by Commissioner Johnson, moved to allocate the funds as listed above, using a total of $15,800 from the non-profit funding account, leaving a balance of $4,200 in that fund for contingency; and allocating $4,000 to Ocoee Lions Club from community promotion fund; further, that since the liver transplant account is an urgent issue, the funds for that account should come out of the current bUdget and be paid back from this fund October 1. Motion carried with 4-1 vote in favor with Commissioner Foster casting the negative vote. Appointment of Trustees for Pension Plan City Manager Shapiro advised that, in the employee election for trustees for the ~ General Employees' Retirement Trust Fund, Martha Gianitsis and Jim Shira had tied for one position but Mrs. Gianitsis has withdrawn, so the trustees for this plan will be Judy Henry and Jim Shira. The trustees elected by the sworn officers '-- Page 4 Ocoee City Commission Regular Keeting Septeaber 3, 1991 for the Police Officers' and Firefighters' Retirement Trust Fund are Police School Resource Officer Randy Conyers and Firefighter Jerry Thompson. Mr. Shapiro said that each board of trustees will consist of five members: two elected by employees, two appointed by Commission, and a fifth person chosen by those four to be appointed by Commission at the next meeting. Mayor Dabbs nominated Mr. Paul Lewis, and Commissioner Johnson nominated Mr. John Bateman. Mayor Dabbs suggested that the City would be better served if the same citizens were appointed to both boards. Commissioner Combs moved to approve the slate as presented to serve on both boards. Commissioner Johnson seconded and motion carried with unanimous vote in favor. Reschedule Public Hearing to Adopt Final Budget At the budget hearing held earlier this evening, the public hearing to adopt the final budget was rescheduled from September 17 to September 12 at 7:00 p.m. ~ First Reading of Ordinances - Second Readings and Public Hearings are scheduled for Septeaber 17, 1991 Ordinance Ifo. 91-23, Case 1l-2AR-91:GoodIlan Annexation "an ordinance annexing into the corporate limits of the City of Ocoee, Florida, certain real property located at the southeast corner of State Road 50 and Old winter Garden Road, as petitioned by the property owners; providing for and authorizing the updating of official City maps; providing direction to the City Clerk; providing for severability; providing for conflicts; providing for an effective date." was presented by ti tle only for the first reading. Second reading and public hearing will be held September 17, 1991 at 7:30 p.m. Ordinance Ifo. 91-24, Case 11-2AR-91:Goodaan Rezone, "an ordinance changing the zoning classification from Orange County A-1, Agricultural to "C-2, Community Commercial District" on certain re~l property located at the southeast corner of State Road 50 and Old Winter Garden Road as petitioned by the property owners; providing for and authorizing the revision of the official City zoning map; repealing inconsistent ordinances; providing for severability; providing an effective date." was pres,onted by title only for the first reading. Second reading and public hearing will be held September 17, 1991 at 7:30 p.m. Ordinance Ifo. 91-25, Case 11-6R-91:IfJB Feinstein Rezone, "an ordinance rezoning certain lands located in the City of Ocoee by changing the zoning classification from "R-3, Multiple-Family Dwelling District" and "A-l, General Agricultural District" to "R-1, Single Family Dwelling District" on certain real property located on the east side of Adair Street and 150 feet south of Nicole Boulevard, as petitioned by the property owners; providing for and authorizing the revision of the official City zoning map; repealing inconsistent ordinances; providing for severability; providing an effective date." was presented by title only for the first reading. Second reading and public hearing will be held September 17, 1991 at 7:30 p.m. Ordinance Ifo. 91-26, "relating to Interim Services Fees, creating Chapter 33 of the Code of Ordinances; establishing authority; making findings and ~ determinations; providing for definitions; providing for establishment of an interim services fee; providing for calculation of the interim services fee and adopting a fee schedule; providing for exemptions; providing for collection of '-' Page 5 Ocoee City Commission Regular Keeting September 3, 1991 interim services fees; prohibiting the issuance of certificates of occupancy until payment of the imterim services fee; providing for an interim services fee fund; providing for severability; providing an effective date." was presented by title only for the first reading. Second reading and public hearing will be held September 12, 1991 at 7:30 p.m. STAFF REPORTS There were no staff reports at this time. COIUlDTS FROK COKKISSIOlfERS Coamissioner Foster: 1) Asked about the follow-up on the letters re: annexation that went out some time ago, as he has had several inquiries. City Manager Shapiro said that he has had some responses also and will be working on them soon. 2) Asked if the trash could be picked up with the garbage on Mondays and was advised that Monday is already a very heavy day and there are not enough vehicles available for that. Coaaissioner Johnson: Directed staff to advise Orange County about the van parked on Silver Star Road which is being used to advertise the opening of a convenience store on Silver ~ Star Road. Coaaissioner Woodson: No comments Coaaissioner Combs: 1) Noticed that when the curve on Orlando Av/White Road was cleaned up the city limit sign was moved and he asked why that would be. City Manager Shapiro advised that only the land on one side of the street had been annexed into the City. 2) Reported high weeds on Geneva Street, Columbus Street, Bluford Avenue, and in a back yard on Aldama. 3) Reported that a citizen had laundry ruined because she had not been warned that the water lines had just been flushed and asked that a routine flushing system be developed with notice to residents to keep this from happening. Kayor Dabbs: Asked who could attend the Urban League luncheon on Wednesday, September 11 in his place and Commissioner Foster volunteered. ADJ01JRDENT The meeting adjourned at 10:05 p.m. ~ Approved: