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HomeMy WebLinkAbout03-17-92 '-' MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD Karch 17, 1992 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 Foster led in the prayer. BOY SCOUT TROOP #217 presented the colors and, following a reading entitled "I am Your Flag," led in the pledge of allegiance. After the colors were posted, Mayor Dabbs called the roll and declared a quorum present. PRESEIfT: Mayor Dabbs, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Administrative Services Director Beamer, Planning Director Behrens, Public Works Director Brenner, and Ci ty Clerk Grafton. ABSENT: Non,,; PRESENTATIONS AND PROCLAMATIONS At City Manager Shapiro's request, employee Mike Keller displayed the street/road signs he had prepared to replace those purchased from Orange County as they wear out. Public Works Director Brenner stated that the life of the signs has been increased from 5 to 7 years and he praised Mr. Keller for his efforts. Mayor Dabbs read a proclamation acknowledging the 75th anniversary of the American Red Cross and its humanitarian efforts. CONSElfT AGElfDA '-" The consent h B. agenda consisted of items A, B, C, D, E, F, G, H, and I. Acceptance and Approval of Minutes of Regular Commission Meeting of March 3, 1992. Acceptance and Authorization to Execute Change_Order No.4 in an amount not-to-exceed $6,216 to provide a fully paved road within the plant site_for South Water Plant. Acceptance and Authorization to Execute Change Order No. 5 in an amount not-to-exceed $1,050.19 to construct__a temporary piping system to blow the well for South Water Plant. Approval and Authorization to use $1,027.50 of the forfeiture funds to purchase ASP Batons and holsters. Approval a~~_~~thorization to use $499.25 from the forfeiture funds for the purchase of chemical irritants. Approval and Acceptance of Amber Ridge Final Plat. Approval and Authorization to Execute Easement Agreement with Church of God of Prophecy - Franklin/Taylor Streel. Approval and Authorization to increase the limiting amount of ~mendment No. 1 to PEC Addendum 90-01 for._ Wast~_WatJ~!,_Treat!!!ent Plant #2 Phase II Design by $20,3246. ~~royal and Authorization f~~ PEC to Proceed with Design Revision for Waste Water Treatment Plant #2 for a not-to-exceed cost of t12,8~1. ~ D. E. F. ~ !h 1. Commissioner Combs, seconded by Commissioner Johnson, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. '-' Page 2 Ocoee City Commission Regular Meeting ~ March 17, 1992 '-' '-" COKKENTS FROM CITIZENS/PUBLIC Mrs. Frances Watts, 43 Shell Key Court, said that she appeared before Commission and complained of the conditions at Pioneer Key Park several months ago and was told that within 90 days the minimum housing code would be in place and something would be done about the unkempt trailers with no skirts, messy yards, auto repair being done in driveways, etc. Administrative Services Director Beamer said that staff has completed the document, it is under review by the attorneys and should be before Commission next month. Commissioner Foster asked that staff ensure that the code includes skirting and window glass. City Manager Shapiro said that he will provide a copy of the minimum housing code for Mrs. Watts when it is complete. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked that the need for backflow preventers be explained again. City Manager Shapiro explained that the City's ordinance was required by federal law and that law was enacted because of the danger of poison getting into the water system by way of the syphoning action of hoses (either garden or sink). PUBLIC HEARINGS - none OTHER BUSINESS Discussion re: Cemetery Rules City Manager Shapiro explained that Mrs. Gary Carroll wished to place a headstone on her husband's grave in the new part of the cemetery and had been advised that it would not be possible because of the ordinance requiring that flat slabs be used rather than upright headstones. Mrs. Carroll had pointed out that there were other things prohibited by that same ordinance that had been placed on other graves and allowed to remain, saying that she should have the same privilege. Mr. Shapiro said that it is not possible to have someone at the cemetery all the time and, due to the sensitive nature of the offense, those citizens who had violated the rules had not been taken to task about it; he said that this appears to be an unenforceable ordinance. City Attorney Rosenthal said that the ordinance says the City Manager has the right to say which area should have slabs instead of headstone monuments and that legal problems could result if one is allowed now, as in prior years people were not permitted to put in monuments when they made the request. Commissioners Johnson and Combs both said that monuments were easier to mow around than slabs. Commissioner Woodson said that he had served on the Cemetery Advisory Committee and it was the intent of that Committee that a part of the cemetery was to be flat, the funds for the sale of lots were to be invested with the interest going for perpetual care, and that requests for trees, rocks and fences were to be turned down. Commissioner Foster said that he was in favor of rescinding the ordinance and he read for the record a letter from one of his constituents: "~irs: My thanks to the people who continue to maintain the medians and the pretty flowers in bloom. Also my thanks to the ~qple who cleaned up the cemetery. I urge the City to maintain the cemetery on a regular basis. Well kept medians please the eye of all who pass through, ~itizens_and stranger alike. A well kept cemetery brings comfort to anyone who has lost someone to death. Maintaining the last resting place of the City's Page 3 Ocoee City Commission Regular Meeting Agenda '-' March 17, 1992 citizen is a perpetual statement of dignity and respect. It says,___'This _City cares about you in death as we did in life.' Please do not wait to do maintenance on the cemetery until this neglect is brought to the City's attention because of an imminent death. Respectfully, Genevieve Foster." Mayor Dabbs stated that Mrs. Carroll has made a legitimate request and the situation is one for which he has ambivalent feelings, as the rules are provided for the citizens and he has sympathy for both those who comply and those who do not. Commissioner Woodson said he was in favor of forming a new committee to deal with the problem. Mr. David Knight, 1407 Snowden Street, advised that at the Winter Garden Cemetery there is a sign that states that any unauthorized planting or anything else done will be removed. He suggested that such a sign for the Ocoee Cemetery might be in order. Commissioner Combs, seconded by Commissioner Johnson, moved to direct staff to prepare an ordinance to bring before Commission which will allow monuments and accouterments in all sections of the cemetery. Motion carried with 4-1 vote in favor. Commissioner Woodson cast the opposing vote. RECESS 8:25 - 8:35 P.M. ~ Discussion and Adoption of Districting Map John Linebarier, 1308 Center Street, respectfully requested that the districting issue be placed on a special ballot either on or before November election time, as Ocoee has no pockets of special interest needing districting and his survey of citizens showed that they did not know that the result of districting would be that they could only vote for one commissioner. He mentioned also the expense of having to do it again in 1996 and 2001. City Attorney Rosenthal said that the Charter says to review the status in those years but redistricting is not mandatory unless it is indicated by growth. City Attorney Rosenthal read the recommendation of the Districting Commission: "This Commission reached a consensus that districting is premature and charter revision would be preferable to districting. However, if district lines are to be drawn, this Commission recommends the adoption of the amended Plan #3 which most evenly distributes the population according to the 1990 census and satisfies the criteria set forth as guidelines for this Commission." Mayor Dabbs said that the action taken at this time would be acceptance or rejection of the recommendation, that an ordinance will be drawn up and that the resulting public hearing will give citizens an opportunity to speak. Commissioner Foster said he wants a plan to satisfy the needs of all at this time and not create diversity of interest. Commissioner Johnson said the people voted on this issue and passed it and he wants to go ahead and address which plan would best serve the citizens. '" ~ Page 4 Ocoee City Commission Regular Session March 17, 1992 Commissioner Combs said that he has conducted a survey similar to Mr. Linebarier's with the same results but his biggest concern is the cost of charter revision at this time. He said that Dr. Serow had advised the Districting Commission that the cost of the 1996 redistricting would be about $100,000 and he thinks that after one election using the districts citizens will be ready to return to no districts in the regular election of 1993. Mayor Dabbs reiterated for the record that he does not share Mr. Linebarier's view that the citizens did not know what they were voting for when they voted for districting and he does not think that districting is premature. Commissioner Johnson, seconded by Mayor Dabbs, moved to accept the Districting Commission report and reject their recommendation to adopt amended Plan 13 and to direct City Attorney to prepare an ordinance which would implement Plan 12. The vote was taken on this motion after the following explanation. Commissioner Combs asked for a definition from the City Attorney on Plan #2 as that plan places Commissioners Foster and Johnson in the same district and Commissioners Combs and Woodson in the same district. '- City Attorney Rosenthal explained that the Charter requires that Districts 1 and 3 have an election in November 1992. In order to run for a seat in either of those districts the candidates would have to reside in those districts respectively at the time of qualifying and during the term of office. If the commissioners currently serving in seats 1 and 3 do not live in those districts they would not be eligible to run for office. The commissioners representing seats 2 and 4 are not required to reside in the districts they represent until 1993 at the time of qualifying for candidacy. Further, it would be possible for a commissioner to resign to run against the commissioner representing the district he resides in, and the seat he vacates would then be open for a one year term. When the vote was called for the motion to adopt Plan #2 as stated above Commissioner Combs voted "no," Commissioner Foster "no," Commissioner Johnson "yes," Commissioner Woodson "no," and Mayor Dabbs "yes". Motion was lost with majority voting against. commissioner Combs, seconded by Commissioner Woodson, moved to accept the report and the recommendation of the Districting Commission to adopt amended Plan #3, and to direct that the appropriate ordinance be prepared. On roll call Commissioner Combs voted "yes," Commissioner Foster "yes," Commissioner Johnson "no," Commissioner Woodson "yes," and Mayor Dabbs "no". Motion carried with majority voting in favor. '-" Solid Waste Study - Recommendations City Manager Shapiro recommended that the City Attorney be directed to take steps to break the agreement with Orange County and to wri te specifications and bid for a private recycling program. Mr. Shapiro recommended encouraging ci tizen participation in a composting program to reduce the cost of disposing of solid waste and that, effective April 1, 1992, the monthly sanitation charge be reduced from $18.00 per month to $16.00 per month. Mr. Shapiro said that he would like '-' Page 5 Ocoee City Commission Regular Meeting March 17, 1992 to use rear end step up-pick up and some of the old equipment could be retrofitted, and he would also like to look at the possibility of side load equipment as that is easiest to handle and also the lowest cost. Mr. Shapiro said that it would be possible to test a new system on new neighborhoods using 90 gallon containers. He asked for a special meeting to review different sanitation equipment that could be acquired. Commissioner Foster, seconded by Commissioner Combs, moved to proceed with the City Manager's recommendations: 1) to get out of the Orange County recycling program, 2) to reduce the sanitation fee by $2.00 monthly, 3) to encourage citizens to compost, and 4) to call a special meeting to review sanitation equipment. City Attorney Rosenthal said that he would prepare the new rate resolution for a public hearing at the next regular meeting. Motion carried with unanimous vote in favor. Appointments to Boards Nominations were made for all of the board vacancies as follows and the vote was taken for the whole slate simultaneously. Planning and Zoning Commission (Gary Carroll's term ends April 94) First Alternate Darlene Rhodus to complete Gary Carroll's unexpired term. Second Alternate John Bateman move to First Alternate. Tanya Miller nominated to Second Alternate. Code Enforcement Board (Gary Carroll's term ends August 93) ~ David Rich nominated to complete Gary Carroll's unexpired term. Police Advisory Council Richard Pride's term ends April 92 - reappointed for another term. Lisa Morton nominated to replace Steve Wix (moved and term ended April 92) Board of Adjustment - Steve Wix's term ends May 92 First Alternate Genevieve Foster moved to full member and new term. Second Alternate Tanya Miller moved to First Alternate. John Resnick nominated to Second Alternate Commissioner Johnson, seconded by Commissioner Woodson, moved to approve the slate of members as nominated. Motion carried with unanimous vote in favor. First Reading of Ordinance - Second Reading and Public Hearing are scheduled for April 7, 1992 Ordinance No. 92-02, "establishing Combat Automobile Theft Program, providing for consent forms; providing for program implementation; providing for jurisdiction; providing for severability; providing for codification; providing an effective date." was presented by title for the first reading. City Manager Shapiro advised that this ordinance is for those motor vehicle owners who do not leave their homes at night and who say their vehicles will never leave their yards between the hours of 1 - 5 a.m. Enrollment of a vehicle in this program authorizes a law enforcement officer to stop the vehicle if the car is on the road during those hours. Mayor Dabbs announced that the public hearing will be held April 7. '-' Page 6 Ocoee City Commission Regular Meeting .~ March 17, 1992 Withers-Maguire Restoration Plan Administrative Services Director Beamer explained that the architects for this project (Yeilding and Provost) have presented an analysis and proposed development program and that a decision must be made regarding the period to which the building should be restored. Returning the building to its original (1888-1912) design would involve additional costs amounting to $7,500, and the Historical Commission voted to keep the house with the 1915 construction, as that preserves the more recent history of the building. Mr. Provost reviewed the analysis with Commission and said they recommend going back to the original design. Mr. Harold Maguire, 2 N. Bluford Avenue, and Mrs. Sherry Snell, 1303 Sand Pine Avenue, spoke in support of restoring to the 1915 construction. Mrs. Betty Irvine, 402 13C Orlando Avenue, supported returning to the original design. Commissioner Johnson, seconded by Commissioner Combs, moved to restore the house to the 1915-1948 modification of the original. Motion carried with unanimous vote in favor. ~ STAFF REPORTS There were no staff reports. COKKENTS FROM COMMISSIONERS ~_9J!l1!!.issioneI:_Woo_dsQ.ll: None Commissioner Combs: 1) Likes the new street signs produced by Public Works Department 2) Appreciates the reflectors on Geneva Street. Commissione_L.Foste~: 1) Asked if a microphone could be provided so the audience can hear the speakers at the meetings. Was advised this is not possible presently. 2) Asked if our buildings meet the Americans with Disabilities Acts. Was advised that all our buildings do. Commissioner Johnson: 1) Announced that Recreation Director Beech had his 60th birthday March 11. Mayor Dabbs: 1) Will be out of town and unable to attend the April 7 meeting. 2) Commended the Historical Commission for their efforts and expressed appreciation to all in the City who work to make this a better place to live. 3) Announced Commissioner Woodson's birthday and invited the Ocoee Rent-A-Choir to sing Happy Birthday to him. '-" ,-,. '-" .......... Page 7 Ocoee City Commission Regular Session March 17, 1992 ADJOURlfllDT The meeting adjourned at 10:00 p.m. Attest: APPROVED: