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HomeMy WebLinkAbout05-21-85 . MINUTES OF THE REGULARLY SCHEDULED CITY COMMISSION MEETING HELD MAY 21, 1985 PRESENT: Mayor Ison, Commissioners Cox, Rodgers, Hager and Bateman, City Attorney Kruppenbacher, City Manager Griffin, and Deputy Clerk Louloudis. ABSENT: None. CALL TO ORDER Mayor Ison called the regularly scheduled meeting to order at 7:32 p.m.. Mayor Ison then led those present in prayer and to the Pledge of Allegiance to the Flag. Mayor Ison then explained the concept of Consent Agenda Comm. Rodgers asked if the corrections given to them would be adopted by the motion also. Mayor Ison stated the motion would be adopting the corrections to the minutes. APPROVALS . Comm. Hager moved to approve items 'A' through 'F' on the agenda, Comm. Cox seconded, and the vote was unanimous. City Manager Griffin read the proposed Ordinance rezoning Harbour Highlands II, and pointed the property out on the map. Mr. Griffin stated the second reading will be held June 18, 1985. Mr. Griffin read the proposed Ordinance to annex the Story Road property, and pointed the three parcels out on the map. Mr. Griffin stated the second reading for this property would be July 7, 1985. Mr. Griffin read the proposed Ordinance to annex the Metz/Peck property. Mr. Griffin pointed the property out on the map, and stated the second reading would be held on July 2, 1985. Mayor Ison stated on 6-25-85 at 7:30 p.m. in the Community Center the City would hold a town meeting for the citizens of Ocoee and the bussinessmen. On 7-9-85, the City will hold another town meeting for the businessmen in the Community Center at 7:30p.m.. Mayor Ison also announced that the West Orange Chamber of Commerce were holding a fish fry at the Community Center on Friday, from 5:00 to 8:00 p.m.. Mayor Ison announced that on 5-28-85, there would be a meeting held at the Windermere Town Hall beginning at 6:15 a.m. to discuss the extension of the East- West Expressway to end in Ocoee. OLD BUSINESS SPECIAL STAFF REPORTS - CITY ENGINEER . Mr. Tom Kelley, PEC, Inc., updated the Commission on the Peach/Moxie Lakes drainage issue. Mr. Kelley has completed the work that St. John's Water Management District has asked for, and they are working with a Special Environmentalist Atty. in Tallahassee. Mr. Kelley stated they may have to bring in a Management Consultant to assist them in their presentation to St. John's Water Management District. Mr. . City Commission Meeting May 21, 1985 Page 2 Kelley stated they want to regulate the lakes at a lower level so there will be more flood protection. Mr. Kelley stated the pipe has been delivered to the City for the Water Improvements, and ARI, Inc. is on schedule. Mr. Kelley also stated that PEC is working on a design for the Hwy 50 extension. SECOND READINGS ORDINANCE #829 - BOLIN/OLIVE/CREECH ANNEXATION . Comm. Bateman moved to approve the second reading of Ordinance 829, Comm. Cox seconded, and the vote was unanimous. Mr. Griffin read Ordinance 829 by title only, and pointed the property out on the map. Mr. Griffin explained that Mr. Creech has sold his property since he made the petition for annexation, to the Inglefritz's. These people do not want the property annexed. The Creech's asked Mr. Griffin to be withdrawn from the annexation petition. Mr. Kruppenbacher stated if there is no over riding reason to bring in that property, to scrap the annexation petition and start over with another petition and advertising. Mr. Bolin stated the Creech's joined their petition to annex, and he did not think that making them start over with the petition would be fair. But, Mr. Bolin added, they would do whatever the Commission decided as they have no choice. Mayor Ison stated that time and quality are important, and the City Atty. has advised the Commission to start over with the petition as the City of Ocoee does not need a lawsuit over this annexation. One property owner, who owns the property on the west side of these parcels stated Mr. Bolin did not own the property, and he does not want the property to be annexed. Mr. Meers, who owns the property on the north side, stated the man who owns the property is in the Orange County jail. Mr. Meers stated he did not want this area to be like Mercy Drive, and he knows annexation is the first step, therefore he wants the annexation stopped. Mr. Mohammed, property owner on the west side, stated he has a $500,000.00 home and has spent one million dollars developing his property and he does not want apartments or duplexes near his property. Mr. Philip Rich stated the Commission would be violating the people's wishes if this annexation is approved. Mr. Rich stated we do not need a higher density developed where no utilities exist to support that development. Mr. Rich stated the roads in this area can not support the traffic currently. Mr. Larry Creech stated he did not care how long the process would take, but he wants to be withdrawn from the annexation petition. Mr. Phillip Hollis, Hollis Engineering, stated Mr. Bolin will own the property as of tommorrow morning. Mr. Hollis stated the Commission had told them they would be interested in large . 2 . City Commission Meeting May 21, 1985 Page 3 single family lots. Mr. Hollis stated Mr. Griffin added the Creech property to their annexation petition and Mr. Bolin agreed begrudgingly. Mr. Hollis asked Mr. Griffin to take away the Creech's legal description as he added it to their petition. Mr. Hollis stated they would continue to work with the City, as they are at the mercy of the City. Mr. Griffin stated he was formally informed of the change late Friday. Mayor Ison stated the City Commission meetings are open for everyone to come. Ms. Sally Crow stated she does not like Forest Oaks Subdivision either. Mr. Nick Solomon stated these homeowners have homes which are $250,000.00 or greater, and Mr. Hollis is talking about $50,000.00 homes. Comm. Rodgers moved to deny Ordinance as written, the petition fee to be refunded, and the option to come back with the annexation petition within 30 days, Comm. Cox seconded and the vote was unanimous. Mayor Ison called for a short break at 8:40 p.m.. The meeting reconvened at 8:49 p.m.. . ORDINANCE 1830 - REZONING JOHN'S PROPERTY . Comm. Bateman moved to approve the s~cond reading for Ordinance 830, Comm. Cox seconded and the vote was unanimous. Mr. Griffin read the Ordinance aloud by title only, and pointed the property out on the map. Mr. Bekemeyer was present to answer any questions the Commission may have had. Comm. Bateman moved to approve, Comm. Cox seconded. Comm. Rodgers stated there is a lot of recreation surrounding that property, with the Senior League Ball Field and Vignetti Park. There are high powered lights and a lot of traffic on the activity nights. Comm. Rodgers stated this will lead to more complaints. Mr. Bekemeyer stated the Planning and Zoning Board felt there was a natural buffer provided to go from high density to R-3 zoning. Comm. Cox withdrew his second, and Comm. Bateman withdrew his motion. Comm. Bateman then moved to disapprove the rezoning, Comm. Cox seconded, and the vote was unanimous. Mr. Bekemeyer asked what the next step is. Presently, there is no zoning. R-2 zoning is consistent with the present plan. Mr. Bekemeyer stated twelve more units will not make a major impact on traffic and he has had no opposition from anyone in the area. Comm. Rodgers stated that the Commission is not bound to a certain residential zoning. The City Atty. agreed that the property could be zoned R-1. Mayor Ison stated there are not enough services in that area presently. Comm. Cox stated the Commission had previously turned down one parcel therefore the Commissioners are being consistent. ~ . City Commission Meeting May 21, 1985 Page 4 EMERGENCY ORDINANCE #831 - REPEALING ORDINANCE 826 Comm. Rodgers moved to read Ord. 831 by title only, Comm. Cox seconded, and the vote carried unanimously. Mr. Griffin read the Ordinance by title only. Comm. Cox moved to approve Ordinance 831, Comm. Bateman seconded, and the vote carried unanimously. Comm. Rodgers moved to refund all monies collected by Ordinance 826, Comm. Hager seconded, and the vote carried unanimously. OTHER BUSINESS FOREST OAKS SUBDIVISION UPDATE . Mr. Wayne Rich stated the walk through inspection is in order to put Plant #4 in service. The Dept. of Environmental Regulation advised that the City of Ocoee must operate the plant. Mr. Rich stated it is against Public Service Regulations for them to sell the water therefore the City of Ocoee must. Mr. Rich asked the City to send a letter to the Dept. of Environmental Regulation stating that the City will operate the plant. Then the Dept. of Environmental Regulations will send a letter back authorizing operation of the well up to ninety connections. Mr. Rich stated they will operate and maintain the well, at their risk. Twelve homes will be served with the water; also the plant will back up the Jamela Plant. The Staff recommends approval of Mr. Rich's request. Comm. Rodgers stated the 16" main which was installed from Well 14 to Jamela will help the City now. Mr. Kelley stated it was a shake down period for the City. Mr. Griffin stated in the long range plan Well 14 will not help Jamela plant. Comm. Rodgers moved to accept the Forest Oaks Water Treatment Plant, for an interim period, and authorized the City to send a letter to the Dept. of Environmental Regulation stating the City will operate the plant, subject to Mr. Wayne Rich's letter releasing the City from any liability, or maintenance of the Plant. Comm. Hager seconded, and the vote carried unanimously. Mr. Rich also stated he would like the Mayor to sign off on the plat, and would agree to the Mayor signing subject to the City Engineer's (Miller and Miller) formal recommendations. Comm. Rodgers moved to authorize the Mayor to sign off on the final plat of Forest Oaks subject to the City Engineer and any other official signing the plat and a formal letter from Miller and Miller recommending approval with no stipulations. Comm. Bateman seconded, and the vote carried with Commissioners ROdgers, Bateman, and Hager voting yeh, and Comm. Cox voting ney. . II . City Commission Meeting May 21, 1985 page 5 NEW BUSINESS Mr. Griffin introduced Mr. William Brandt, the Chief of Police for the City of Ocoee, who started on May 13, 1985. No one was present to represent the lady softball team. REQUEST PART TIME EMPLOYEE SLOT FOR SECRETARY - FIRE DEPT . Mr. Griffin stated the Fire Dept. has had an influx of paperwork since Station 12 has opened. Comm. Bateman moved to approve the position, Comm. Cox seconded, and the motion died with Comm. Bateman and Cox voting yeh, and Comm. Rodgers and Hager voting ney. The Mayor cast a tie vote, ney. Comm. Rodgers stated it is the middle of the budget year, and they will consider a position in the new budget year. Comm. Hager concurred with Comm. Rodgers. Mr. Griffin stated he has a temporary girl in the Fire Dept. for four hours per day, but its just too much paperwork for her. Mr. Griffin stated that Chief Strosnider has been after him for three months to get this position authorized. Comm. Cox stated the secretary and the work load is the issue, the employees do a good job, and those departments need help. Comm. Rodgers stated this item came up at last budget but it did not get in at that time. REQUEST PART TIME POSITION - CLERICAL/PERSONNEL - POLICE Mr. Griffin explained that all of the Police Dept. uses the present secretary, and there is just too much paperwork. Mr. Griffin stated that Chief Watson also asked for another secretary. Mr. Griffin stated the employee who is presently the Chief's secretary wants to move to a part time position, thus Mr. Griffin would like to hire for the full time position opening. Comm. Bateman moved to approve, Comm. Cox seconded. The motion died with Commissioners Cox and Bateman voting yeh, Commissioners Rodgers and Hager voting ney. The Mayor cast a ney vote. Comm. Rodgers stated with all respect to the new Chief of Police the new bUdget is coming up soon and until that time we can make do. Comm. Rodgers suggested having some of the over load going to City Hall. Comm. Rodgers stated he wants to be sure we are utilizing 100% of the secretary's. Mayor Ison stated he thought the department could make it until October. REQUEST FOR ABANDONMENT OF LEE STREET R-O-W - B. UNGARO . The Commissioners received a staff report, on Mr. William Ungaro's request, for the City to abandon the Lakewood Avenue right-of-way immediately left across from the Sign Shop, from the City Planner. The right-of-way is 55 feet in width, and 300 feet long. Also, the City will have to keep a utility easement as we have water lines laid there. Legally, it ~ . City Commission Meeting May 21, 1985 Page 6 should go equally to all surrounding property owners. Mr. Ungaro stated the City would never use that easement, there is no problem with the utility easement, and there are no bUildings on the property. Comm. Hager stated two things the City of Ocoee does not do is 11. We do not sell property. 12. We do not give property away. Mr. Griffin stated when a citizen makes a request he must bring them before the Commission. The Commission agreed not to abandon the right-of-way. NOMINATION FOR BOARD OF ADJUSTMENT Mr. Coleburn was nominated for the Merit System and is an alternate for the Code Enforcement Board. The Commission agreed they needed to get some new people in, instead of having one person on more than one Board. The Commissioners decided to contact some people and instructed the City Manager to put it on the next agenda. REPORTS AND INFORMATION - CITY MANAGER . Mr. Griffin reported that the Fire Dept. went to Panama City for competition, they placed fifth out of eighteen teams. The Ocoee Fire Dept. did very well, and they beat the team who won last year and were only four points away from the teams in front of them. Mr. Griffin stated he received the agreement from the City Attorney in reference to the Chinese Gardens. Comm. Cox moved to amend the agenda with this item, and make tonight the first reading. Comm. Bateman seconded, and the vote was unanimous. City Manager Griffin read the Ordinance by title only, and stated the second reading would be held July 2, 85. The owner understands he will pay his prorated share of the water line if he wants to tap into the water. Mayor Ison called a recess at 10:02 p.m.. meeting reconvened. At 10:13 p.m. the CITY ATTORNEY John Hall is sitting in from the Home Builders Association. COMMENTS FROM CITIZENS . Pastor Dillard Burgess, from the Assembly of God Church, stated he is exploring ways to earn money for a building fund. He stated he would like to get permssion from the Commissioners to sell cokes and hotdogs at the Piggly Wiggly's in the City. He would like to do this a couple times a month, and would like permission for a year at a 6 . City Commission Meeting May 21, 1985 p ag e 7 time. When the year is up he would come before the Board again and they would either approve it for another year, or disapprove it. Mr. Griffin stated he would need an occupational license, and permission from the Piggly Wiggly stores. Comm. Bateman stated he had some reservations, such as he would be competition for the persons who are already there. He would also have to be approved by the Health Dept. Mayor Ison suggested that Pastor Burgess check with the Health Dept. and the City Manager would place him under old Business on the next agenda. He stated Piggly Wiggly would be giving him an answer by Thursday. The Commissioners will research this and see what they can do. COMMENTS FROM COMMISSIONERS . Comm. Cox stated after he has reviewed the action by the County, he has decided the County has a lack of willingness to cooperate. Comm. Cox stated he would like the support of the Commission to direct the staff to draft an Ordinance in reference to Chapter 180 of the Florida State Statutes, to extend our services out five miles from the City boundaries. Apopka has done this and serviced those people for seventy five years, and now the County plans on going down the same road. Comm. Cox stated the County's theory is wherever they currently service or think they will be, the City must stay out. The Florida Statute allows the City to extend lines outside of its municipal boundaries up to five miles. Mr. Griffin stated Mr. Wagner has been working on mapping out these boundaries. Mr. Kruppenbacher stated the City must not go anywhere they can not supply services. The concensus of the Commission was to have the staff draft an Ordinance. Mayor Ison asked the City Attorney if the City of Ocoee designates an area two miles past the boundaries we will service and then decide we do not want to service one mile of that area, would the County have to get a waiver from the City of Ocoee to service the area. Mr. Kruppenbacher stated that was part of the litigation in Apopka. Mr. Kruppenbacher stated that Chapter 180 clearly states that once a municipality is servicing an area the County can not come into that area. Mayor Ison stated he would be interested in seeing a map, which is in conjunction with the growth plan resolution we passed recently, and the five mile limit. Mr. Griffin pointed out a map which was mapped out from the growth plan resolution but in places markedly cut back from the five miles where Orange County already has Water Plants. In the case of the property between Winter Garden and Ocoee, Mr. Wagner has coodinated with Winter Garden and we have split the property in half. Mr. Griffin stated this map was a proposal only, and the Commission could do anything they wanted to with it. Mayor Ison stated he would be interested in voluntarily getting water connections, . 7 . City Commission Meeting May 21, 1985 Page 8 he does not want to mandate the citizens to connect to City water. Mr. Kruppenbacher stated it was purely the Commission's decision as to whether it will be voluntary or mandatory. Mr. Kruppenbacher stated the Statute provides for bonding, or the City saying we are not going to spent out monies but we define this area as ours, then the developers come in and extend the lines. Apopka is saying we will provide all the sewer services, but you are going to pay to lay all the water lines. Mr. Kruppenbacher stated the City should only designate their area, where we are sure we will be able to supply services. The Commission directed staff to do the research to draft an Ordinance to designate the area in which we should claim our area to supply services. Mayor Ison stated he is more interested in raw land rather than land which already has homes built, and he would definitely like to go five miles down Hwy. 50 towards Pine Hills. Mr. Kruppenbacher stated they would need till the end of June to get back to the Commission about this. . Comm. Cox stated it doesn't look very favorable for the City to get into the GCBCD Program. Comm. Cox inquired about the Lakeshore Protection Ordinance, which Comm. Bateman had brought up previously. Comm. Rodgers stated the staff can research to find out if we can adopt this in our Subdivision Regulations. Mr. Griffin stated we can not adopt this with our Subdivision Regulations as the advertising process has already begun and this would be substantial change, but we could amend the Regulations to include this. . Comm. Rodgers stated all the Commissioners received an employment agreement submitted and proposed by the City Manager. Comm. Rodgers asked Mr. Griffin if he was satisfied with the way it is written. Mr. Griffin stated he was not, but rather this was a model taken from the others included, and Mr. Griffin would like the Commissioners thought and input. Mr. Griffin stated he did not agenda the issue as he did not think it was ready, he thought it was just something they could discuss. Comm. Rodgers stated when he receives a Memorandum, he interpreted that to be Mr. Griffin proposal or offer, and those things listed are what Mr. Griffin is requesting. Mr. Griffin stated the particulars is what he is proposing but the formal wording may not be adequate. Mr. Griffin stated these particulars are open for discussion. Comm. Rodgers stated he hoped this document did not get into the City employees hands. Comm. Rodgers expressed concern of whether this document could jeopardize negotiations currently in process. Comm. Rodgers stated Mr. Griffin's proposed requests are extremely high according to what they have paid R . City Commission Meeting May 21, 1985 Page 9 . previous City Managers. Comm. ROdgers continued, some of the items you are requesting, personally, if you would like to have them, you should but the City of Ocoee can not give them to you. Perhaps, you should consider asking some other city for them. Comm. Rodgers stated the City just can not afford you, and there is no item in here that Comm. Rodgers would even consider. Comm. ROdgers stated if these items are what you are asking for then the City can not afford you, and Comm. Rodgers proposed that Mr. Griffin look elsewhere. Comm. ROdgers stated if the City has to give Mr. Griffin 90 days severance pay then he highly recommends the Commission do so. Comm. Bateman stated he had no intention of making this speech at this hour, but since Comm. Rodgers brought it up he would. Comm. Bateman stated he did not need Comm. Rodgers to speak for him on whether we need to retain a City Manager or not. The Commission on a majority vote are perfectly capable of determining whether the City should retain the City Manager. Comm. Bateman agrees that the City Manager ought to have an employment contract with the City. Comm. Bateman stated we need to give better salaries and benefits so the City of Ocoee is not a training ground for employees. Comm. Bateman stated he understands the City Manager of Winter Garden is paid $7,000.00 or $8,000.00 more than Mr. Griffin. Comm. Bateman stated we need to get our salaries and benefits up to the middle standard of the other cities. Comm. Bateman stated the Commission keeps bumping around with the question of threatening the City Manager and making his life miserable when he is the person responsible for seeing that the Commission gets the information and things we need. Comm. Hager stated he read the agreement and there is a number of things he does not agree with. Comm. Hager stated Mr. Griffin has done a very good job for the City, and he has been very well compensated, for the time that he has been here. Also, Mr. Griffin has very little experience as a City Manager. It has been a policy of the City not to have a City Manager's employment agreement. This doesn't mean one Commissioner can get upset and fire the City Manager. Comm. Hager stated he can not see a contract between the City and the Manager. . Comm. Cox stated there are a lot of things which are sent to the Commissioners from Mr. Griffin which are samples or models, and Mr. Griffin states on these, if you have any input see me. Comm. Cox stated he can not blame him for asking for more money. Comm. Cox stated there is a time and a place for things to be discussed. This subject should not have been brought out at this time. Comm. Cox stated he would reserve the remainder of his comments for a private session with Mr. Griffin. Comm. Cox added that the City o . City Commission Meeting May 21, 1985 Page 10 Manager of Orlando has a blue light in his car. Mayor Ison stated any experienced City Manager would have asked for an employment contact to begin with. Mayor Ison stated it is ridiculous for the City Manager to be concerned that his job is in jeopardy just because he submits a sample employment agreement to discuss with the Commission. "-' Comm. Rodgers stated he spent approximately three hours in City Hall on Monday morning researching this and the City Manager was not in for him to talk to. Mr. Griffin stated he was sick that morning. Comm. Rodgers stated he works therefore he could not stay any longer. Comm. Rodgers stated the City could not afford Mr. Griffin. Mayor Ison stated the City needs to bring salaries, benefits, retirement, and insurance up to standard. Mayor Ison stated the City of Ocoee is years behind time. . Mayor Ison asked that Helen Catron, City Clerk, follow up each meeting with a Agenda Action Item follow up. This will enable us to remember things that the City Engineer, City Attorney, and City Manager say they are going to do. Mayor Ison also inquired about the new car Geneva Steet. Mr. Griffin stated he has problem. lot opened on addressed the ,', Comm. Bateman moved to adjourn th pm. . . I~ Mayor ATTEST: ~ .