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HomeMy WebLinkAbout03-06-84 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD MARCH 6, 1984 Present: Mayor Ison, Commissioners Hager; Lyle; Cook; City Manager Burgess, City Attorney Rhodes, and Deputy Clerks Louloudis and Jones. Note: Commissioner Rodgers came in at 7:46 p.m.. I Absent: None Call to Order Mayor Ison called the regular scheduled meeting of March 6, 1984 to order at 7:30 p.m.. Mayor Ison led those present in prayer and then led in the Pledge of Allegiance to the Flag. Approval of the Commission Workshop Minutes Held February 16, 1984. Commissioner Cook motioned to accept the minutes as written, Comm. Lyle seconded and the motion carried unanimously. Approval of the Commission Meeting Minutes Held February 21, 1984. Mayor Ison stated the minutes referred to the meeting scheduled for March 8, 1984 as a "Workshop", when it should have read a "Special Session" under the title of, "Group W Cable TV/Cablevision". Comm. Cook motioned to approve as corrected, Comm. Hager seconded and the vote was unanimous. Approval of the Commission Workshop~~et~~Minutes Held February 28, 1984. Comm. Hager motioned to approve the minutes as written, Comm. Lyle seconded and the vote carried unanimously. OLD BUSINESS Crown Point Apartments - Location Mr. Rhodes stated, Mr. HoIland, represe.nting Royal American Developers said the property is 825 feet short of the boundary. The City Attorney stated the County can not tell us why the 818 feet parcel intervening is not in the City, that the Charter shows it is part of the City,but there has not been City taxes paid on the property. City Attorney Rhodes stated he would like to contact owner to see if he knows anything about it. Comm. Lyle motioned to table to the next Commission Meeting, Comm. Hager seconded and the vote was unanimous. I Ordinance # 782 Sanitation - Rate Increase Comm. Hager motioned to read the Ordinance by title only, Comm. Lyle seconded, and the vote carried unanimously. City Manager read Ordinance #782 by title only. Comm. Cook motioned to approve the Ordinance, Carom. Rodgers seconded and the vote carried unanimously. Prima Vista - Force Main Permit to Use City Right of Way. Mr. Michael Gray~ Attorney for Prima Vista and Mr. Norman Rossman were present to represent Prima Vista. City Attorney Rhodes informed the Board that the attorney he hired Mr. Hal Kantor could not attend the Workshop scheduled for March 8, 1984. Mr. Michael Gray, Attorney, stated that Prima Vista has: 1) Agreed to discuss existing agreement with the City to make modifications or amend the agreement. 2) Offered to sell the facilities to the City. I Prima Vista is trying to meet the desires of the Commission by applying to the PSC for certification to expand the Highway 50 area, Mr. Gray stated. He continued, the City in turn stated to the PSC that Prima Vista were not moving rapidly enough. Mr. Gray stated that: 1) If the Commission turns down the request for permission to use the City Right of Way, Prima Vista could only interpret that as an abrogation of the 1981 agreement. 2) The citizens out on Highway 50 want the services as soon as possible. 3) Prima Vista can provide the service to these people. 4) Prima Vista can expand in their certificated area. Mr. Rossman stated they have been waiting four to five months to sit down and discuss the 1981 agreement. Mr. Rossman continued it is not consistant with City Policy to withhold the grant to get lines down to Highway 50. Comm. Lyle stated he recalled the Council wanting to negotiate an agreement. before the permit to use the City Right of Way was permitted. Comm. Hager and Comm. Cook stated the same feelings. Comm. Rodgers asked Mr. Rossman if Prima Vista wanted to negotiate a new agreement. Mr. Rossman replied that they do want to negotiate with the City but Prima Vista does not beleive the City should hold the grant of permission over Prima Vista to negotiate a new agreement. Comm. Rodgers stated he only has one question; If the April 21, 1981 agreement is in fact in effect, where is the money Prima Vista owes the City. Comm. Rodgers added the City did not want to take the wrong step therefore the City is having professionals report on the subject. Mr. Rossman stated Prima Vista had submitted an agreement, with revisions, and they have not heard anything back. Mayor Ison informed of the City's options: I 1) Buy Prima Vista facilities. 2) Negotiate and revise a new agreement. 3) Start with a new sewer plant. Mayor Ison asked why Prima Vista has such a push for sewer lines in Highway 50 area now, where were they in 1982. 1983, and the begining of 1984. Mr. Rossman answered by stating the company ,has grown recently, people and/or developers are wanting the sewer service presently. He added that the City of Ocoee would be unfair competition to a company the City franchised to serve. Mayor Ison called a Special Session for March 27, 1984 at 7:30 p.m. with attorney, Hal Kantor and documents present to work on the agreement prior to granting permit. Comm. Lyle stated he did not want to see the City go into debt to get into the sewer business. Mr. Rossman stated that the offer made by Prima Vi.sta will only be good until the end of March. Comm. Lyle motioned to table the request until 3-27-84, Special Session Meeting. Comm. Hager seconded the motion, and it carried with Commissioners Hager, Lyle, and Cook voting yea and Commissioner Rodgers voting nay. Prima Vista Certicated Area Expansion Request. Mayor Ison stated the City had fifty (50) days from 1-13-84 to file any objection to the certification request. City Attorney Rhodes suggested the City take no action to object to the ,certification. Mayor Ison suggested we send a letter objecting to expansion and request more time to pursue the three (3) alternatives the City has, being: ~age j 1) Purchase Prima Vista 2) Allow Prima Vista to serve City and negotiate new agreement. 3) City go into sewer business with new plant. I Comm. Hager motioned to file an objection and send a letter giving reason of a time extension, Comm. Cook seconded and the vote carried with Commissioners Rodgers, Hager, and Cook voting yea and Commissioner Lyle obstained. Rueben Kegler Addition Lot 19 & 15. City Attorney Rhodes stated Glen Thomas surveyed the property and the road would be within inches of the Bait and Tackle Shop. The road is platted on the Rueben Kegler plat. Mr. Hurst stated the Land Use Plan states every- thing east of Silver Star Road, up to the Shop & Go on Silver Star Road, is to be zoned residential. Mr. Hurst also stated no structure may be built on a 30 foot road, but they may connect a 40 foot street unto a 30 foot street. After much discussion, Comm. Rodgers moved to have the homeowner remove his fence therefore giving access to said property. Comm. Cook seconded, and the vote carried with Comm. Lyle voting Day and Commissioners Rodgers, Cook, and Hager voting yea. Ordinance #781 Annexation of Waxman Property Silver Star Road & Starke Lake Comm. Rodgers moved to read the Ordinance by title only. Comm. Cook seconded and the vote was unanimously in favor. Comm. Lyle moved to adopt Ordinance #781, Comm. Rodgers seconded and the vote was unanimously in favor. Lake Moxie Drainage - Mr. Michael Osinski Mr. Burgess, City Manager, informed the Board that Mr. Osinski had called and asked to be moved to the next regular scheduled meeting. Mayor Ison gave a summary of the Workshop just prior to the Commission meeting. 1) Pressure system from Lake Moxie to Starke Lake and use a gravity system between Peach and Moxie. 2) Mr. Burgess suggested the Board give permission toGee & Jensen to go through with the permitting process, which totals $4,600.00. Comm. Rodgers motioned to grant $4,600.00 to get permits, Comm. Cook seconded and the vote was unanimous. Mayor Ison quoted the ball park figures of $80,000.00 to $310,000.00 for the total cost, depending on which process is used. NEW BUSINESS I Kathy International Fund - Jim Beech Mr. Jim Beech, Recreational Director introduced Kathy Christopher who is a disabled 15 year old from Lockhardt, FL. Ms. Christopher was one of the children who participated i.n the 1983 National Cerebral Palsy Finals, they have asked her to compete in the 1984 International Cerebral Palsy Finals, in New York. Mr. Beech explained the total expense is $1,000.00 for h2r to participate. Comm. Rodgers moved to donate $500.00, Comm. Cook seconded and the vote was unanimous. Comm. Rodgers then congradulated Mr. Beech for his dedicated efforts. Boy Scouts of America - Citrus District - Donation. Page 4 Mr. Jim Swickerath, new Chairman for the Citrus District of the Boy Scouts of America, asked the Board of Commissioners for support of the Counsel Scout Program. Comm. Lyle motioned the City of Ocoee to become a leadership member, $250.00 cost, Comm. Cook seconded and the vote was carried unanimously. I Winter Garden Elks Club - Charity Ball - Donation. Comm. Lyle motioned to donate $25.00 for the ad of the Charity Ball, Comm. Hager seconded and the vote was unanimous. Bids - Boom Mower - Street Department. City Manager Burgess stated the three bids the City received for the Boom Mower. They were as follows: 1) Hood Tractor Company for Tractor and Mower 52 H.P. $26,200.00 2) Pounds Motor Company for Tractor and Mower 52 H.P. $30,649.00 3) Mo-Trim Bell Rental and Sales for Tractor & Mower 52 H.P. $35,000.00 Comm. Rodgers motioned to accept the bid for $26,200.00 from Hood Tractor and Company, Comm. Lyle seconded and the motion carried unanimously. City Manager Burgess stated $26,000.00 had been budgeted for this Boom Mower. Proposed Employee Pay Adjustments Comm. Rodgers moved to approve said pay adjustments as written, Comm. Lyle seconded and the vote carried unanimously. Mayor Ison stated the pay adjustments were bottom up, and they range from $358.00 to $2,721.00. The effective date is April 1, 1984. Proposed Employee Benefits Ordinance. After some discussion Comm. Cook motioned to proceed with writing of this Ordinance, Comm. Hager seconded and the motion tied with Commissioners Hager, and Cook voting yea and Commissioners Lyle and Rodgers voting nay. Commissioner Rodgers stated he questioned the legality of this Ordinance. Mr. Griffin stated the maximum dollars will be $12,600.00. Proposed Employee Merit System. I City Manager Burgess suggested a future date be set for the acceptance of the Merit System. Comm. Lyle stated he would like to propose a change under Progressive Discipline, his change proposal follows: 1) Formal Counseling 2) Informal Warning 3) Formal Warning 4) Suspension 5) Dismissal Comm. Lyle motioned to table the Merit System until such time the Comm- issioners want it brought back, Comm. Hager seconded and the vote was unanimous. Forest Oaks - Railroad Crossi.ng - Proposed Resolution. City Manager Burgess suggested the developers should take care of the crossing or the area should be taxed for expenses to be incurred. City Manager Page 5 I also suggested the Commissioners do not accept the proposed Resolution until the developer agree: to pay for the crossing, which would cost approximately $2,000.00 annually. Comm. Hager motioned to table the Resolution until March 8, 1984, which was canceled later in the meeting. Comm. Lyle seconded and the vote was unanimous. Tee Pee Lumber Company - Fence Requirement. Mr. Roy McClung, representing Ben Fad Corporation and Mr. Don Scheffler Manager of the Corporation, stated they don't want to fence the retention ponds, as they feel the looks of a cyclone fence will bring the looks of the property down, and they want to landscape. They stated other retention ponds within the City are not fenced. Mr. Hurst pointed out that Comm. Hager had stated the ponds would be fenced, when the corporation came in for ap~rova1, which is so noted in the minutes. Mr. Scheffler stated they would take on the responsibility of not fencing the ponds, and they wanted to be treated the same as others within the City. After much discussion, Comm. Lyle motioned to require Tee Pee Lumber to fence the retention ponds on the property, Comm. Hager seconded, and the vote carried unanimously in favor. Bids - Fencing Softball Fields - Vignetti Park City Manager Burgess stated the two bids which were received. They are as follows: 1) R. L. Kempher and Sons $8,730.61 2) Varsity Courts $9,865.00 Jim Beech, Recreational Director, stated the fence in the outfield is inadequate, and liable for injury, therefore it is being taken up to be used in other areas of the park. Comm. Lyle motioned to accept the bid of Kempher and Sons, Cornm. Cook seconded and the vote was unanimous. REPORTS AND INFORMATION - CITY MANAGER Community Development Fund Meeting - March 7, 1984 at 7:30 p.m.. Assistant City Manager Griffin stated that you have a list of priorities to present. The priorities listed below were the consensus of the Board of Commissioners. I 1) Sidewalks around Starke Lake. 2) North & South side of Geneva Street - Drainage 3) Third Avenue paved. 4) Ocoee Hills Road sidewalks. Appointments to Boards Commissioner Lyle moved to appoint John Bateman as the alternate for the Planning and Zoning Board. Comm. Lyle moved to appoint Robert Williams to the Health Facilities Board, Comm. Cook seconded, and the vote was unanimous. Gary Carroll has been appointed to Code Enforcement. Appoint- ment for the Board of Adjustments to be tabled as moved by Comm. Lyle and Cornm. Rodgers seconded. The vote was unanimous. Page 6 Maguire Property Purchase After much discussion, City Manager Burgess stated, the City owes $145,000.00 and the closing will be on March 24, 1984. I Professional Engineering Consultants Report City Manager Burgess stated Professional Engineering has a willingness to continue with whatever the Commission might decide to do. Proposed Fire Station - Vignetti Park Mr. Ron Strosnider, Fire Chief, stated that he and City Manager Burgess were going to meet with a man to talk about the prefab metal building for the Fire Station on Wednesday, March 7, 1984 at 2:00 p.m.. Group W T.V./Cablevision City Manager Burgess stated he received a call from Mr. Dobb who said he couldn't make the meeting of March 8, 1984 but he could attend a meeting on March 20, or the 22nd, or the 29th. City Manager Burgess stated he wanted to discuss the franchise so they can go ahead and transfer. Comm. Lyle suggested the Commission let the franchise run out in 1985 and then renegotiate. After much discussion, it was the consensus of the Commissioners to send a letter to Group W stating that they were not interested in renegotiating the franchise at this time. Steve Moore - House on Lyle Street Mr. Hurst, Building Official, asked the Commissioners if Lyle Street is going to be acknowledged as a street or a public right of way, which the City takes no responsibility of. Steve Moore, owner of property on Lyle Street, moved in a home which is positioned 21 feet on one end from the road and 10 feet on the other end from Lyle. Mr. Hurst explained if Lyle is in fact a Street then Mr. Moore can not leave his house positioned as it is, zoning calls for 25 feet from road on either side. On the other hand, if Lyle is a public right of way then he may leave it as is. Carom. Lyle stated the only improvement the City made to Lyle Street was putting lime rock on the road, and he didn't feel the City should be responsible for the road. After much discussion, the consensus of the Commission was not to acknowledge Lyle as a street, and let Mr. Moore keep his house as is. I COMMENTS FROM PUBLIC CITIZENS Mr. Wayne Vaughn, Fire Lieutenant, stated that on Saturday, March 3, 1984 the Ocoee Fire Department took first place in four events and first place overall in the Fire-O-Matics Competition in Goldenrod. Comm. Lyle moved to cancel the meeting for March 8, 1984. The vote carried. The meeting adjourned at 11;30 p.m.. l::f~ g J-w ATTEST: '-2~d~ Mayor