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HomeMy WebLinkAbout10-15-96 MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD OCTOBER 15, 1996 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commISSIOn chambers. Commissioner Anderson led in prayer and Mrs. Hilda Ems led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Building Official Flippen, Recreation Director Beech, Police Chief Mark, Fire Chief Strosnider, Assistant Fire Chief Firstner, Fire Lieutenant Vaughn, Fire Lieutenant Reed, Senior Planner Horne, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS PRESENTATIONS ADDITIONAL AGENDA ITEM: FIRE PREVENTION WEEK POSTER WINNERS FROM OCOEE ELEMENTARY AND SPRING LAKE ELEMENTARY SCHOOLS. Chief Strosnider explained that his department had been working with the schools teaching over 1800 students fire prevention in Apopka, Oakland, Ocoee, Pine Hills and Windermere. Lt. Vaughn gave the background of the educational program and advised that there had been a poster contest as part of that program. He then introduced Beeper Ben and Smoky. Lt. Reed introduced the first, second and third place winners in the poster contest from Spring Lake Elementary School and Lt. Vaughn introduced the first, second and third place winners from Ocoee Elementary School as they were presented with their respective trophies. RECESS 7:45 P.M. TO 7:53 P.M. PRIVATE EDUCATIONAL TRIP FOR OCOEE MIDDLE SCHOOL STUDENTS - Ms. RIVERA AND MR. FERRY. Ms. Rivera presented the details about a trip planned to Washington, D.C. for some of the eighth grade students in the Ocoee Middle School and told about the benefits of such a trip. Mr. Ferry advised that the cost for each student to make the trip would be $772 for airfare, lodging and meals, and that the students were involved in fund raisers to help reduce the cost to each individual. He asked that the City contribute $500 to this fund and promised that they would ask Congressman McCollum for a flag that has flown over the White House in return. Ms. Rivera advised that, if a favorable decision were made, the check should be made to Lakeland Tours. After telling about the positive effect this same trip had on his older son last year, Commissioner Gleason, seconded by Commissioner Glass, moved to authorize a check to Lakeland Tours in the amount of $500 from the Community Promotion account in support of this trio. Motion carried 5-0. RESOLUTION No. 96-27, FLORIDA CITY GOVERNMENT WEEK. This Resolution was presented by title only. Commissioner Anderson. seconded by Commissioner Glass, moved to adoot Resolution No. 96-27, recognizing Florida City Ocoee City Commission Regular Meeting October 15, 1996 Government Week, October 20-26. 1996, and encouraging all citizens to support the celebration and corresponding activities. Motion carried 5-0. PROCLAMATION - EPILEPSY AWARENESS MONTH - NOVEMBER. Mayor Vandergrift presented the proclamation proclaiming November to be Epilepsy Awareness Month. CONSENT AGENDA The consent agenda consisted of items A, B, and C. Commissioner Glass. seconded by Commissioner Gleason, moved to approve and accept the consent agenda as presented. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Regular Meetin2 of October 2. 1996. B. Approval and Authorization for Mayor and City Clerk to execute Win~ate Purchase Al!reement for Parcel 102 (Story Road/Kissimmee Avenue and Marshall Farms Road/Maguire Road Intersection Im-provement Project). C. Approval and Acceptance of Reappointment of Joyce Oliver to General Employees' Retirement Trust Fund Board for another two-year term. COMMENTS FROM CITIZENS/PUBLIC There were no citizen comments at this time. PUBLIC HEARINGS SENIOR PROGRAM (OVER 65) RESOLUTION No. 96-28, ELIMINATING AD VALOREM TAX REBATE FROM SENIOR PROGRAM BENEFITS. This Resolution was presented by title only. The public hearing was opened; City Attorney Rosenthal announced that there were two Resolutions on two subjects, and that this Resolution dealt with eliminating the ad valorem tax rebate. Mrs. Frances Watts, 43 Shell Key Court, reread her prepared statement presented at the last meeting as that meeting had not been televised. Mayor Vandergrift directed that her statement be made a part of the record, and it is attached to these minutes as exhibit "A." Mrs. Nancy Parker, 6748 Sawmill Boulevard, spoke at length about the facts she learned serving on the Over 65 Program Committee and proposed that the Program be changed to a needs-based program that is fair and unchallengeable, removing the residency requirement. 2 Ocoee City Commission Regular Meeting October 15, 1996 Mrs. Elsie Karen, P. O. Box 605, recently widowed, related why she felt that the City's promise is being broken again, pointing out that she will have been an Ocoee resident 10 years in December, and when she had been here 5 years the residency requirement was changed from 5 years to 10 years. Mr. Robert J. Murray, 1411 Charleon Drive, said that tax breaks are given to businesses frequently, and so it should not be considered unconstitutional to give senior citizens a tax break. Mrs. Carol Dickerson, 816 East Harbour Court, said that 19 years ago she chose to move to Ocoee because of the Senior Program and it is time to help the senior citizens. Commissioner Johnson responded to certain of Mrs. Parker's comments and stated that he was not in favor of opening the Program to renters. He said that much has been invested in the recreation program and the youth program and that it is also appropriate to invest in the seniors. Commissioners Anderson, Glass and Gleason had no comment at this time. Mayor Vandergrift reviewed the issues involved, noting that the cost of the Program is a small percentage of the budget, and that there are other programs that assist renters and the needy. Mr. Danny Howell, 895 Marlene Drive, said that it was time to do something for the seniors who need help instead of engaging in a power struggle. The public hearing was closed. Commissioner Gleason, agreeing with Mr. Howell's statement, said that the Senior Program Committee had put together a program that would have benefitted all seniors and this Commission should be able to do the same thing. Commissioner Anderson. seconded by Commissioner Glass. moved to adopt Resolution No. 96-28. eliminating the ad valorem tax rebate from the Senior Program benefits. Commissioner Gleason. seconded by Commissioner Glass. moved to amend the motion to provide that any monetarv savings realized by the adootion of Resolution No. 96-28 be used to enhance any senior orograms within the City with the specific allocations to be made by the City Commission at a later date. Motion lost 3-2 with Commissioner Glass and Commissioner Gleason voting yes. The motion to adopt Resolution No. 96-28 made above carried 3-2 in favor with Mayor Vandergrift and Commissioner Johnson voting no. 3 Ocoee City Commission Regular Meeting October 15, 1996 RESOLUTION No. 96-29, CLOSING SENIOR PROGRAM TO NEW PARTICIPANTS AFTER OCTOBER 1, 1996. This Resolution was presented by title only. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Gleason, seconded by Commissioner Glass. moved to adopt Resolution No. 96- 29, closing the Senior Program to new participants after October L 1996. Motion carried 3-2 with Mayor Vandergrift and Commissioner Anderson voting no. RECESS 8:50 P.M. TO 9:02 P.M. SECOND READING OF ORDINANCE: ORDINANCE No. 96-21, AMENDING CH. 119 OF CODE RE: PEDDLERS! SOLICITORS! OPEN-AIR VENDORS. This Ordinance was presented by title only for the second reading and public hearing. City Attorney Rosenthal commented on his memoranda in the packet, gave the background of this issue, and offered alternatives. The public hearing was opened. Attorney Rick Nelson, 1900 Summit Tower Boulevard, Suite 560, Orlando, 32810, with Liberty Council, said that if his firm had received any response other than "We are looking into it." during the months they had called for information they would never have filed the lawsuit against the City. He encouraged Commission to eliminate the ordinance and let the use of No Trespassing signs take care of the problem through Florida law. Mr. Nelson spoke at great length regarding the proposed Ordinance. Mrs. Nancy Parker, 6748 Sawmill Boulevard, said their homeowners' association had purchased a No Solicitor/Trespassing sign for their subdivision entrance and asked if that use would be sufficient or illegal. Commissioner Glass advised that the association's attorney should give them an opinion. City Attorney Rosenthal said he was not certain if a sign for the whole area would be enforceable by City Police. Mrs. Ann Whittle, 714 E. Lakeshore Drive, said her neighborhood had a similar sign and asked if it did any good to have it. Commissioner Glass responded that his neighborhood had a similar sign and he still had solicitors, so a personal sign would probably be more effective. The public hearing was closed. 4 Ocoee City Commission Regular Meeting October 15, 1996 Mayor Vandergrift said the City has received many letters and cards from religious organizations everywhere saying that the City is stepping on citizens' first amendment rights, and that was not the intent when the ordinance was passed. He then read a letter from True Ministries - Vine of Life expressing appreciation for the work the Commission and staff are doing. Commissioner Gleason. seconded by Commissioner Glass. moved to adopt Ordinance No. 96- 21 as presented. with the following amendments: (1) by modifying the definition of solicitor set forth in Section 3 by deleting the following sentence. "This definition also includes any person who without invitation. goes upon private property. to sell goods. wares. merchandise. oersonal property or services for political. charitable. religious. or other non-commercial ourooses." (2) by deleting Section 5 thereof. and (3) by adopting a new Section 119-27 and by making such further revisions to the title of the Ordinance as are necessary to accomolish the foregoing. Mr. Nelson stated that he was confused and he suggested that, for clarity's sake, a new ordinance should be written and then proceed with first and second reading, as the courts would not be ruling on this case within the month necessary for such process. There was discussion regarding just how soon the courts would be ruling on the case and Mr. Rosenthal proposed that, if that comment meant that they would stipulate that neither side would incur any additional expenses during the period necessary to readvertise a new ordinance which would simply repeal the existing ordinance, he would have no problem with that. Assistant City Attorney Schirtzer said his request that the case be abated for the purposes of allowing the Commission to look at this issue and make a decision was initially denied. He said that if Mr. Nelson was agreeing at this time to abate the action, then an agreement by counsel for the two plaintiffs was sufficient for the abatement to take place. Mr. Nelson said that they would agree to not go forward with discovery with this case and keep litigating it as long as they are not going to have a lot of difficulty trying to prove the prevailing party issue. Mr. Schirtzer explained the City's position in the suit and with respect to the adoption of this ordinance, and he proposed abatement for 40 days to give time for the advertising, and first and second reading of a new ordinance. Following a brief discussion Mr. Rosenthal restated the motion and the vote for the amendments carried 5-0. Commissioner Gleason. seconded by Commissioner Glass. moved to adoot Ordinance No. 96- 21. amending Ch. 119 of the Code re Peddlers/Solicitors/Ooen-Air Vendors as amended. Motion carried 5-0. OTHER BUSINESS 5 Ocoee City Commission Regular Meeting October 15, 1996 FIRST READING: ORDINANCE No. 96-22, NON-SUBSTANTIAL AMENDMENT TO REVISED LAND USE PLAN FOR PLANTATION GROVE PUD. Second Reading and Public Hearing are scheduled for November 5, 1996 at 7:30 p.m. This Ordinance was presented by title only for the first reading. City Manager Shapiro explained the purpose of the Ordinance. Mayor Vandergrift announced the time, date and place of the second reading and public hearing. DISCUSSION/ACTION RE: PuRCHASE OF PLANTATION GROVE SHOPPING CENTER SITE FROM FERDINAND BROTHERS FOR FIRE STATION #3. Fire Chief Strosnider gave the staff report proposing a shift in the original plans for Fire Station #3 and displayed both the original and proposed locations on the overhead (from the west side of Maguire Road south of Winshire Boulevard to an out parcel in the Plantation Grove Shopping Center). There was discussion regarding the handling of emergency vehicles in the traffic in that area and locating a police department site in the same building. Commissioner Anderson. seconded bv Commissioner Glass. moved to approve the contract funding source as recommended by staff. i.e.. sell the original fire station site to the road impact fund and transfer these funds to the fire impact fee fund to purchase the Plantation Grove Shopping Center site for the permanent Maguire Fire Station site. Motion carried 5-0. RESOLUTION No. 96-30, RELATING TO THE REIMBURSEMENT OF CERTAIN PROJECT COSTS RELATING TO THE WATER AND SEWER SYSTEMS FROM FUTURE TAX-EXEMPT FINANCING. This Resolution was presented by title only. City Manager Shapiro explained that this Resolution allows the City to recover the costs of the bond issue. Commissioner Glass. seconded by Commissioner Gleason. moved (1) to adopt Resolution No. 96-30. relating to the reimbursement of certain proiect costs relating to the water and sewer systems from future tax-exempt financing as presented and (2) to authorize the Mayor and City Clerk to execute. Motion carried 5-0. DISCUSSION! ACTION RE: RECREATIONAL TRAIL EASEMENT AGREEMENT WITH ORANGE COUNTY, FOREST LAKE GOLF CLUB, L TD, A FLORIDA LIMITED PARTNERSHIP, AND THE CITY OF OCOEE. Recreation Director Beech gave the staff report and staff recommendation to approve the Recreational Trail Easement Agreement with Orange County and Forest Lake Golf Club. Commissioner Johnson. seconded by Commissioner Anderson. moved to approve the Recreational Trail Easement Agreement with Orange County and Forest Lake Golf Club. LTD. a Florida Limited Partnership. and authorize the Mayor and City Clerk to execute. Motion carried 5-0. 6 Ocoee City Commission Regular Meeting October 15, 1996 STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Glass: 1) Said that he gives the golf passes he receives from Forest Lake Golf Club as a result of the lease agreement to a charity for auction and because they have an expiration date of December 31 on them they do not bring as good a price as others that are for an unlimited time. City Mana~er Shapiro said that Mr. Ezell has stated that they would honor the passes regardless of the expiration date, but that he would ask Mr. Ezell for a letter stating so. 2) Asked that parking spaces be reserved for Commissioners on meeting nights, as he was not able to be early enough to get a nearby parking space and walking from the other side of the Community Center was difficult with his back problem. Consensus was reached to reserve parkin!! spaces for Commission on meetin!! ni!!hts. Mr. Shapiro said he would direct staff. Commissioner Gleason: 1) Congratulated Officers Parker and Dreasher for assisting in the delivery of a baby girl at the Clarke Road Exxon gas station on Sunday, October 6. 2) Reported that he had received many good comments on the police handling of the Mall opening, and he would like to see the strong police presence maintained there. Mr. Shapiro advised that he had budgeted for one officer to be there routinely and he is not seeing the numbers that would iustify more now. but he will beef up the coverage after Thanksgiving for the holidays. There was further discussion regarding the Mall's paying for any extra coverage. 3) Asked for a discussion regarding liability involving leadership programs as the City appears to be avoiding those programs because it is afraid of the liability. 4) Called for a meeting date to review the applications for City Manager. Consensus was reached to hold a work session Tuesday. November 12. 1996 from 7:00 to 9:00 p.m. to review the applications for the City Mana!!er position. Commissioner Anderson: 1) Noted that it has been one year since the employee survey and suggested that this would be the appropriate time for another survey be done. Mr. Shapiro said he would prefer to get input from the Employee Committee before going ahead with a new survey. Commissioner Johnson: 7 Ocoee City Commission Regular Meeting October 15, 1996 1) Reported a problem with a builder in Silver Glen using inappropriate and ineffective trash boxes. Mr. Shapiro will get with Building Official Flippen regarding the builder keeping a clean site. 2) Asked that the process be completed to return the rear-yard utility easements to the property owners where the meters were moved from the back of the property to the front easement along Ridgefield. Mr. Shapiro will see that it is done. 3) Announced the RSVP number, 656-2218. 4) Mrs. Reese's property and wall are washing away where a house was permitted to be built beside her; builder has been advised but probably will not be coming back to fix it. Mr. Shapiro will get an answer. Mayor Vandergrift: 1) The end of Nicole needs mowing and that would be a good place to put a neighborhood playground. 2) 302 Spring Lake Circle has asked for a no parking sign for his property as the traffic is still a problem there. Mr. Shapiro is waiting for the School Board to resolve the traffic problem. 3) Asked when the boat dock will be finished. Should be finished by the end of this week. May need to take money from Contingency for the completion. 4) Mr. Fergus's problem is still not solved. Mr. Shapiro said the iob is in progress and will require more engineering but they are working on it. 5) Asked if anything has been done about the drainage problem on First Street. There was a report made and a copy will be provided for Mayor. 6) Asked again for a map showing city owned property. 7) Starlite Drive In will be open October 18 weekend with Halloween theme, and again October 25 - 31. Flea market space is also available on weekends. COMMISSIONER ANDERSON ANNOUNCED FOUNDERS' DAY SATURDAY, OCTOBER 19 WITH A PARADE STARTING AT 8:30 A.M. AT THE LIONS' CLUB. ADJOURNMENT The meeting adjourned at 11: 10 p.m. Attest: APPROVED: City of Ocoee 8