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HomeMy WebLinkAbout03-02-93 '--' MINUTES OF THE CITY OF OCOEE BOARD OF COMMISSIONERS REGULAR MEETING HELD March 2,1993 The regular meeting of the Ocoee Board of City Commissioners was called to order by Mayor Vandergrift at 7:30 p.m.in the commission chambers. Following a prayer by Pastor Lester Weldon, Boy Scout Troop No. 217 presented the colors, and Ms. Kathy Boyer, Troop Leader, led in the pledge of allegiance. The colors were posted. At Mayor Vandergrift's request that the scouts be introduced, Mrs. Boyer introduced Senior Patrol Leader Jeremy Hungerford, who then introduced the rest of those who were present of Troop Number 217: Star Scout Steven Boyer, Star Scout Danny Carter and Tenderfoot David Allen Jackson. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, Planning Director Behrens, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift read the following proclamations: 1. Hartle Bowness Day - February 26, 1993; 2. American Home Week - April 18-25, 1993. '-" CONSENT AGENDA The proposed consent agenda consisted of items A and B. A. Acceptance and Approval of Minutes of Regular Commission Meeting of February 16. 1993. B. Approval and Authorization for Peace River Outboard Association to hold the Annual Boat Races on April 24 and 25. 1993. Commissioner Foster. seconded bv Commissioner Johnson. moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. COMMENTS FROM CITIZENS/PUBLIC Mrs. Frances Watts, 43 Shell Key Court, spoke regarding the progress in cleaning up Pioneer Key Park No. 1 and asked when the meetings for each park separately would be held. Commissioner Combs said that he would prefer to have the meetings within the next few weeks. Mayor Vandergrift said that he would like to have the meetings on site. City Manager Shapiro said that would not be possible as the meetings must be recorded. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked about the stormwater drainage fee and about being charged by the County as well as the City for the same service. Mr. Mohnacky, referring to the recent discussions regarding the fact that Commission meetings must be published, asked if announcing the meetings on the water bill would satisfy the sunshine law and '-" he was advised that it is necessary to publish the information to the general public, not just the '-" Ocoee City Commission Regular Meeting March 2, 1993 water customers. Mr. Mohnacky also asked about the business meeting he had seen an invitation to and was advised that Mayor Vandergrift had invited business people in Ocoee to a special meeting with him at the community center on Wednesday, March 3 at 7:30 p.m. PUBLIC HEARINGS - None OTHER BUSINESS Discussion concerning County Challenge to Annexation and Zoning Ordinances. City Attorney Rosenthal presented the background of this issue, distributed copies of several letters received, and read a letter from Curtis Pickins, West Orange Nursery, Inc. for the record. See "Attachment A" to these minutes. Nick Pope, 215 N. Eola Dr, Orlando, 32801, spoke in support of the 90 day stay for Center Lake property and said that he understood from talking with the County representatives that there was a good prospect that something can be worked out. '-" Martin Kreidt, 1516 E. Hillcrest St., Orlando, 32803, representing Milton West, Barrett Solomon, Pickens Family, Sports Investment, and David Van Wormer, said that his clients support the Land Use Plan, the annexations, and the zonings, and that there was consensus that, although a 90 day stay might open a question of whether the decisions made were valid, his clients would support Commission in their decision either way on this issue. Mrs. Beryle Solomon Buchman, 2718 Laurel Oak Drive, Plant City, 33567, said that she has had to pay $20,000 to have dumping removed but that the property looks good now and she definitely wants it to remain in the City. Mrs. Buchman said that she will support the 90 day stay if it is necessary. Dennis Casey, 608 E. Central Blvd, Orlando, 32807, representing the Russell tract, said that he bought property within the planning area, followed through with his plans, and has customer commitments. He said the 90 day stay is alright, but that he must go ahead immediately following that time or lose much. Dick Byrd, 5512 Hobson Rd., Orlando, 32818, encouraged Commission to take the 90 days but to continue with the lawsuit if necessary. He said the County does not provide him with anything and has not for 30 years. He considers himself a resident of Clarcona and he thinks the best use of his land is the way Ocoee has planned. Robert Battaglia, P. O. Box 770398, Winter Garden, 34777-0398, said he is happy that his property is in Ocoee and encouraged Commission to take the 90 day stay. '-" 2 '-" Ocoee City Commission Regular Meeting March 2, 1993 Parker Lawrence, 708 NW 8th Av., Gainesville, 32601, expressed his family's appreciation for Commission's support and said that the 90 day stay will not affect them but that the County should take notice of the dynamics that Ocoee is now a City. City Attorney Paul Rosenthal said that the 90 day concept is consistent with the philosophy that the annexations are proper and correct and the City does not plan to negotiate away anything. He then presented copies of a document for consideration at this time entitled "City Options for Response to County Annexation/Zoning Challenges," reading the document for the benefit of the audience. See "Attachment B" to these minutes. Mayor Vandergrift asked for direction from those who have already spoken and/or concerned land owners. Nick Pope said that it sounds like a wonderful outline for moving forward. Mrs. Buchman said she was impressed by the City staff and Commission and that if the County takes the time to listen to the individual petitioners they will better understand the City's position. \.,. Robert Battaglia said the plan sounds good and requested that the City try it. Parker Lawrence approved also. Martin Kreidt asked if there would be another forum for the property owners and City Attorney Rosenthal responded that he did not know. Dennis Casey said he liked the plan, both for what it says and what it does not say. Commissioner Combs said he talked with the County Commission and he thinks they understand the City's position, that the City Commissioners did what they thought was right. He said that he supports Mr. Rosenthal's thoughts and response as presented. City Attorney Rosenthal said that it was policy directed by City Manager Shapiro. Commissioner Woodson said he wants to be sure nothing is done to jeopardize the annexations. Commissioner Foster said that the proposal sounds like the same items that have been proposed for years that were ignored. Noting that the majority of the petitioners advocated the 90 day stay, he said that he felt it would not be to their advantage to go along with it. He agreed that '-' 3 ~ '-' '-' Ocoee City Commission Regular Meeting March 2, 1993 a planning session is needed, but it should have been done a long time ago. He said he would support what the petitioners wish but he thought we should not relinquish annexations. Commissioner Johnson said that he was afraid that agreeing to the 90 day stay would cause somebody to be thrown by the wayside. He said he would go along with the 90 day stay if the County would observe number 7 of the proposal. City Manager Shapiro said that we should be negotiating no matter what the County does. Mayor Vandergrift said that he was in the minority when he voted for the 90 day stay at the last meeting, that the problem breaks down to three areas: planning, political, and legal, and that he feels the politicians should be involved in the discussions rather than staff. Commissioner Combs. seconded bv Commissioner Woodson. moved to adopt the draft proposal presented bv City Attornev Rosenthal with the stipulation that Citv staff continue to meet with the Countv. Motion carried with 4-1 vote with Mavor Vandergrift voting no. RECESS 8:58 P.M. - 9:10 P.M. First Reading of Ordinance - Second Reading and Public Hearing will he held March 16, 1993. Ordinance No. 93-02, relating to appointment of members to the Parks and Recreation Advisory Board. This ordinance was presented by title only for the first reading. Mayor Vandergrift announced the date and time for the second reading and public hearing and said that he would like to hold some discussion on this ordinance at this first reading as well as at the public hearing two weeks from this date. Mayor Vandergrift appointed Newy Breland to serve as his designee to this Board and said that he would like for this Board to be expanded to more than seven members as only one person showed up for the review of the recreation parks which he had scheduled for Sunday afternoon. Mayor Vandergrift said in addition that representation from all sections of the City would be desirable, as he felt that many of the Board members serve only to get consideration for their own recreation parks. Commissioner Combs asked how many members usually attend meetings and Recreation Director Beech responded that generally 5 or 6 members attend, but that Sunday afternoon was not a regularly scheduled meeting. Commissioner Foster said that sheer numbers is not the answer to the question of effective Board activity, and he said also that he has no objection to Mr. Breland serving as the Mayor's designee. 4 "-' ~ '-" Ocoee City Commission Regular Meeting March 2, 1993 Commissioner Johnson said that the Board members who had been appointed were citizens who had indicated an interest in serving the City. He pointed out that this discussion has nothing to do with the adoption of this ordinance which was requested because the Mayor insisted on attending the meetings and discussing City business which violates the Sunshine Law. Commissioner Combs said that he had served on various boards before running for Commission and there were always some members who could not attend some of the meetings, that he has no problem with anyone on the Board, no problem with the appointment of Mr. Breland, and that he just wanted to get the ordinance done. Commissioner Woodson said he has no problem with Mr. Breland's appointment. Appointment to Parks and Recreation Board - Carolyn Alexander's Two Year Term Expires April 1993. Commissioner Johnson. seconded bv Commissioner Foster moved to appoint Carolvn Alexander for another two vear term to the Parks and Recreation Board. Motion carried with unanimous vote in favor. STAFF REPORTS - None COMMENTS FROM COMMISSIONERS Commissioner Combs: 1) Saw orange truck on his street today. 2) Was impressed with Health Central Gala opening. 3) Announced West Orange Walk-a-thon April 17, 1993. 4) Announced that Lions Club earned 1st place and Manager's Trophy at the Fair. 5) Read letter from concerned citizen re: stripping Mayor of his powers and keeping citizens in the dark about City issues; he made the letter available for all to read, and said that he had responded to her that she should attend the City Commission meetings. He said that he agreed with this citizen that the infighting between the Commissioners/Staff/Mayor should stop. 6) Commended City Manager Shapiro for his efforts toward achieving the goals presented to him last month in his appearance, sleeping problem and weight control. Said that he wants to see dress code for entire staff and all employees, and wants employees to be aware that they represent the City wherever they are and that they should both dress and act appropriately. Commissioner Foster: 1) Expressed concern re: tensions on Commission and called on all to bury the hatchet as this is causing a rift in the community and there is a need to proceed with City business. 5 ~ Ocoee City Commission Regular Meeting March 2, 1993 2) Noted that the Historical Commission is having a fund drive for the continuing project of restoring the Withers-Maguire House. 3) Reported many compliments on Police Bike Patrol and requested that it be extended to the residential areas of town. 4) Extended compliments to Lions Club on the Fair exhibit for the City. Commissioner Woodson: 1) Announced annual Big Orange Games May 1. 2) Announced that Cable Vision is now in Ocoee on Maguire Road. 3) Announced Little League Parade Saturday. 4) Announced that YMCA is asking for funds, (Noted that City gave $4,500 in the past). 5) Asked about Golf Course. City Manager said full report next meeting. 6) Asked about City Hall. City Manager said 5 weeks from March 4 they will have plans ready for bid. 7) Passed around a picture of the clock he wishes to have at new City Hall. 8) Read from Charter about personnel board and asked where it is. Recommendations from City Manager will be on next agenda. 9) Asked if we can print on both sides of the paper for the packet to conserve paper. '-" Commissioner Johnson: 1) Noted that Clarke Road is being well used. 2) Reported that Cablevision is using the lot next door for parking and asked that it be investigated/ stopped. 3) Said he is here to serve the people and not to argue with the Mayor. 4) Said if the City is providing signs for the side of personal cars he does care to have one for his car. Mayor Vandera:rift: 1) Said that Commissioners are elected district wide and the Mayor is elected City wide which infers more power to the Mayor and he takes exception to being called a power monger. 2) Wants to take the meetings for the trailer parks to the parks if possible. 3) Much progress has been made but there still are drainage problems at both Pioneer Key Park I and II. 4) Reconfirmed that he has appointed Newy Breland to serve in his place on the Recreation Board. 5) Asked about the Golf Course deadline. March 1 but City had a 30 day time frame and they will be here next meeting and will give the comfort that they have the financing. 6) Asked if Commission will see the City Hall plans before they go to bid. "Yes. '-" 6 '-" Ocoee City Commission Regular Meeting March 2, 1993 7) Asked about the memo showing the costs for advertising/staffing public meetings. There was a lengthy discussion here resulting in no direction to staff. 8) Has contacted Jacob Stuart re: Lynx and wants to be included in the meeting concerning the expansion of the bus route serving this area. Asked that Commission decide whether he should be a part of the group discussing how this service can best be routed. City Manaa:er Shapiro explained that some issues are better left to staff to deal with and he said that he had already offered to arrange a meeting for the Mayor to meet with the Transit Authority Director separately. 9) Said he has asked for joint meeting with P&Z. Was advised this is not a good time for it due to litigation on annexations/zonings. At this point City Manager Shapiro questioned the suitability of this forum for this discussion about the memoranda he has sent the Mayor, as it should be held in the City Manager's office. Mayor Vandergrift said that he felt he would get a straight answer here and Mr. Shapiro advised that the other Commissioners have no problem with his truthfulness and that if Mayor Vandergrift continued to violate the City Charter there would be a problem, as the Mayor was not the City Manager. ~ Mayor Vandergrift continued, citing memoranda he has received from City Engineer Shira re: Mayor visiting work sites and City Manager reinforcing previous notices that such action is inappropriate. Mayor Vandergrift explained that he and a few others were looking over land for possible recreation sites when an employee in the wastewater department came out and chatted with them for about five minutes. He said that he has done this previously, telling the personnel on duty that he did not wish to disrupt the work schedule but he felt it was his job and the City Manager's job to be as aware as possible about what is going on in the community. Commissioner Johnson moved to adjourn and Commissioner Woodson asked if several Commissioners can attend Bob Freeman's meeting on March 4th. City Attorney Rosenthal said any who wish to attend should notify City Clerk and an announcement to that effect can be posted at City Hall. ADJOURNMENT The meeting adjourned at 10:30 p.m. Attest: APPROVED: City of Ocoee '-" 7 /. (I L../ dJAj'l3 ~. ATTACHMENT A TO THE MARCH 2, 1993 COMMISSION MI~ J'- WEST ORANGE NURSERY. INC. \.".. A Pickens Family Nursery Dedicated To Quality And Service '-" ~ WEST ROAD (407) 877-2930 P.O. BOX 356 FAX (407) 656-0077 OCOEE, FL 34761 March 2, 1993 Ocoee Mayor & Commissioners: I asked the City ofOcoee to annex my property into their city. Ocoee joins my property on two sides and can give me the best service both presently and in the future. I support the Ocoee commissioners on their position against Orange county's objections. Orange county should stop their lawsuit and let Ocoee move on with their good management and land planning. Thank you, ~ _~~cv~~~/~ Curtis E. Pickens Property Owner ..... \..... '-'" ATTACHMENT B TO THE MARCH 2, 1993 COMMISSION MINUTES CITY OPTIONS FOR RESPONSE TO COUNTY ANNEXATION/ZONING CHALLENGES: 1. That the City staff meet with the County to discuss settlement options in all cases where requested to do so by the property owner; provided that all such discussions are settlement negotiations which are inadmissible in any proceeding. 2. That the County Commission be requested to direct its staff to pursue settlement discussions with the City and that the County Commission review with its staff each annexation and zoning on an individual basis before pursuing further legal challenges. 3. That the City Commission direct the City staff to immediately pursue a new Joint Planning Area Agreement between the City and County which would address the following subjects: a. The recognition of responsiblY sized rural settlement areas for Clarcona and Gotha. b. The identification of new joint planning areas, consistent with the CAMP Agreement, within which the City and County will jOint plan and mutually agree upon future land uses. The goal would be to promptly resolve inconsistencies between the City and County Future Land Use Maps as to those lands currently within unincorporated Orange County. c. The identification of new sewer and water service areas which recognize the current City limits, the boundaries of any new joint planning area and the capital investments previously made by the County. It is envisioned that this aspect of a new Joint Planning Area Agreement would include new sewer and water territorial agreements which could address the wholesaling of the County's excess sewer capacity. d. That any such new Joint Planning Area Agreement recognize the December 1992/January 1993 annexations and zonings approved by the City except in those cases where the City, the affected property owner and the County have mutually agreed upon alternative future land uses as part of a settlement of the current dispute. 4. That the City staff be directed to meet with the County staff in order to agree, by March 23rd, on a time frame for concluding a new Joint Planning Area Agreement and that a time deadline be established for the accomplishment of identifiable tasks and that the County Commission be requested to direct its staff to immediately meet with the City staff for this purpose. 5. That the County Commission be requested to direct its staff to pursue a settlement of the current annexation/zoning dispute by working toward a comprehensive approach to land use, ~ '-' sewer and water issues impacting the City and those portions of unincorporated Orange County adjacent to the city. 6. That the ci ty staff be directed to continue to attend all meetings scheduled by the County to address planning issues affecting local governments in Orange County, provided that the meetings do not specifically concern or address the challenged annexations and zonings. 7. That the County be requested to defer for ninety (90) days all legal proceedings in connection with the County's annexation and zoning challenges in order to allow the proposed settlement discussions to be pursued wi thout unnecessary distractions and legal maneuvering. ......... C:\WPSlIDOCS\OPrIONSI31'219311BW013IPER:vn(2l