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HomeMy WebLinkAbout09-17-85 . - . . . . Page 2 - Agenda - City commission Meeting, September 17, 1985 VI. REPORTS AND INFORMATION - CITY MANAGER A. Report on De-annexation and property owner notification B. Follow-up Agenda Report VII. CITY ATTORNEY VIII. COMMENTS FROM CITIZENS/PUBLIC IX. COMMENTS FROM COMMISSIONERS x. ADJOURNMENT MINUTES OF THE CITY COMMISSION MEETING HELD SEPTEMBER 17, 1985 PRESENT: Mayor Ison, Commissioners Cox, Rodgers, Bateman, and Hager, City Attorney Lang, City Manager Griffin, City Clerk Catron, Planner Wagner, Water Superintendent Cockrell, and Deputy Clerk Louloudis. ABSENT: None. CALL TO ORDER Mayor Ison called the scheduled meeting to order p.m.. Comm. Cox led those present in prayer and Pledge of Allegiance. at to 7:42 the CONSENT AGENDA Comm. ROdgers pulled items 'H', 'I', and 'J' from the consent agenda. Comm. Cox moved to approve the remaining items on the consent agenda. Comm. Bateman seconded, and the vote carried unanimously. Mr. Griffin read the proposed Ordinance confirming zoning on the four acres owned by Mr. Bolin, by title only. The second reading will be held on 10-15-85. Mr Griffin read the proposed Ordinance amending the reference to MSTU, by title only. The second reading will be held on 10-15-85. Comm. Rodgers requested the proposed Ordinance reference personnel policies be pulled due to the problems he has, and the problems the City Attorney has stated last meeting. Comm. Rodgers suggested having a joint workshop with the Merit System Board, previous to their next meeting on September 23, 1985, starting at 7:00 p.m.. Comm. Rodgers and Comm. Bateman will write their comments about Appendix C to the Merit System Board, previous to the meeting; copies will be supplied to the Attorney, Staff, Board members and the Commission. Comm. Rodgers pulled items 'I' and 'J' for the reasons discussed in the workshop. Comm. Cox recommended each Commissioner meet with Mr. Griffin to discuss their problems with the Ordinances, prior to the next meeting. Comm. Bateman instructed the Attorney and City Manager to be prepared to come back with a solution reference the dividing line - Hwy 50 or the turnpike, prior to the next meeting. Comm. Cox called a workshop session for 7:00 to 7:30 p.m. on 10-1-85, to discuss these proposed Ordinances. PRESENTATIONS AND PROCLAMATIONS Mayor Ison presented a plaque to Chief Strosnider for the work the Fire Department did for the American Cancer Society Drive. Mayor Ison announced that there will be a joint meeting between the Orange County Commissioners and the Ocoee Commissioners on 10-8-85, at 7:00 p.m., at the Orange County 1 . . . CITY COMMISSION MEETING SEPTEMBER 17, 1985 PAGE 2 Services Building, 475 W. Story Road. Mayor Ison announced that the Orange County Fire Dept. has invited the City of Ocoee to participate in County-wide Emergency/Disaster Planning on September 24th at 1:30 pm. SPECIAL STAFF REPORTS PIONEER KEY PARK II DRAINAGE PROJECT Mr. Griffin stated there are no easements presently in place for the ditch on Palm Drive. Staff has talked with these owners; one gave permission, and the other two owners wanted to think about it before they gave consent to the City to clean out the ditch. ORANGE TREE CINEMA Mr. Nathan Dykgraaf again objected to looping the water line, stating the developer to the south could pick up the water line and then loop it. After much discussion, the Commissioners agreed that the condition should read, "The water main shall be "looped" internally and connected to the existing 10 inch water main on the east side of Maguire Road. The developer will loop the water line if there has been no preliminary plans brought before the Commission on the property to the south within one year from 9-17-85. The developer, Mr. Nathan Dykgraaf shall obtain a $6,000.00 performance bond, prior to final plans approval. The final alignment shall meet the approval of the City Engineer." Mr. Dykgraaf also objected to the ten foot right-of-way dedication. After much discussion, the developer voluntarily agreed to this condition with the understanding that the existing sign and drainage retention pond lying within the dedicated portion of right-of-way will remain, and the City of Ocoee will not cause the sign or retention pond to be relocated. Mr. Dykgraaf also questioned item number 14, dedication of park land. The Commissioners agreed upon a straw vote, that the City would accept the ten foot right-of- way in lieu of the recreational assessment. PUBLIC HEARINGS/SECOND READINGS ORDINANCE 842, MILLAGE 85/86 Comm. Cox moved to approve Ordinance 842 for the second reading, Comm. Bateman seconded and the vote carried unanimously. Mr. Griffin read the Ordinance by title only, explaining that the present 3.14 millage would remain the same, increasing the City revenue by 21.3%. There were no comments from the citizens. Comm. Cox moved to approve ~ . . . CITY COMMISSION MEETING SEPTEMBER 17, 1985 PAGE 3 Ordinance 842, Comm. Hager seconded, and the vote carried unanimously. ORDINANCE 843, BUDGET 85/86 Comm. Bateman moved to approve Ordinance 843 for the second reading, Comm. Hager seconded. Comm. Cox stated he was disappointed that the Police and Fire Departments were cut so drastically, when the City has money in the bank. The vote carried with Comm. Rodgers, Hager, and Bateman voting yeh, and Comm. Cox voting ney. Mr. Griffin read the Ordinance by title only. Comro. Rodgers asked if the proposed water rate increase figures were included in the budget. Mr. Griffin stated that they were. Comm. Rodgers moved to table Ordinance 843 until after action is taken on Ordinance 845, Comm. Cox seconded, and the vote carried unanimously. ORDINANCE 844, FEDERAL REVENUE SHARING 85/86 Comm. Rodgers moved to read Ordinance 844 by title only, Comm. Bateman seconded, and the vote carried unanimously. Mr. Griffin read the Ordinance by title only. There were no comments from the citizens, or the Commissioners. Corom. Hager moved to approve Ordinance 844, Comm. Bateman seconded, and the motion carried with Comm. Cox, Bateman and Hager voting yeh, and Comm. Rodgers voting ney. ORDINANCE 845, WATER RATE INCREASE Comm. Rodgers moved to read Ordinance 845 by title only, Comm. Cox seconded, and the vote carried unanimously. Mr. Griffin read Ordinance 845 by title only. Mayor Ison asked for comments from the citizens. Ms. Sherry Wolski, 607 Lakeshore Drive, asked why we were going to change the billing cycle from quarterly to monthly. Mr. Griffin stated that the City would have a better cash flow, and we have had many complaints from the citizens that they forget the quarterly bill and consequently get their water cut-off; also people leave without notifying us and literally beat us out of our money. Comm. Hager moved to approve Ordinance 845, Comm. Cox seconded, and the vote carried with Comm. Cox, Hager and Bateman voting yeh, and Comm. Rodgers voting ney. Comm. Rodgers suggested combining the Irrigation Meter Ordinance and this Ordinance for clarification. The Ordinance was modified in Section 4 by adding, "excluding Ordinance #804, which provides for Irrigation Meters." . . . CITY COMMISSION MEETING SEPTEMBER 17, 1985 PAGE 4 ORDINANCE 843, BUDGET 85/86 There were no comments from the citizens present. Mayor Ison felt the City should have a general rule that spending should be put off until after the first quarter, unless it is necessary. Comm. Bateman moved to approve Ordinance 843, Comm. Hager seconded, and the vote carried with Comm. Cox, Hager and Bateman voting yeh, and Comm. Rodgers voting ney. Comm. Rodgers was not satisfied with the budget, stating some departments could have been trimmed more, and some departments were cut too much. PRIMA VISTA UTILITIES Mr. Griffin stated he received a call from Prima Vista requesting a right-of-way permit to extend their lines west of Bluford on SR 50, it is our right-of-way officially. According to Prima Vista they have received approval from DOT. Mr. Griffin spoke to the attorneys about this request and their recommendation is to give them permission expressing our feeling of reservation. Comm. Rodgers felt they already had our permission with his motion of 5-9-84, where the Commission granted Prima Vista the Hwy 50 corridor. Mr. Bruce Beatty, 311 Hormigas, stated he did not think that Prima Vista had permission from the PSC, and stating that P.V. was serving customers in 1982 and were not permitted from PSC until 1983. Comm. Cox moved to grant Prima Vista approval, subject to copies of certification from DOT and the PSC. Comm. Bateman seconded, and the vote carried with Comm. Cox, Rodgers, and Bateman voting yeh, and Comm. Hager voting ney. Mr. Kelley, PEC, presented his detailed technical report reference the possible purchase of Prima Vista and stated in summary that if the City is willing to accept the liability and risks related to future upgrading and permitting of the disposal system and is capable of administering and operating the utility, then the City can continue to negotiate the purchase of Prima Vista for the current asking price, allowing Prima Vista 533 connections. Prima Vista could be allowed to purchase additional ERU's for the price of $750.00 each. The City should condition the purchase with the requirement that FDER and Orange County Environmental Protection Dept. make a site visit to each plant site and give some assurance or sign-off on the suitability of the facilities. Mayor Ison suggested the commission try to make a decision, and if they choose not to continue negotiations to purchase the Utility, the Commission should; 1. Empower the attorneys to declare the present franchise agreement with Prima Vista to be null and void. 2. Place an injunction to prevent Prima Vista from selling more ERU's to RCA before 1- . . . CITY COMMISSION MEETING SEPTEMBER 17, 1985 PAGE 5 interim Mayor. Comm. Hager and Comm. Bateman agreed that if it is financially feasible for the City, we should continue negotiations to purchase the Utility, but we will not issue bonds to purchase the plant. Comm. Cox suggested to continue the negotiations but also begin the steps the Mayor outlined. Acting Mayor Rodgers also felt we should continue with negotiations, but he still felt we should not give them any ERU's, and he stated item 3 of Mayor Ison's suggestion should not be tied in with Prima Vista. Acting Mayor Rodgers instructed Mr. Griffin to inform Mayor Ison to proceed with negotiations. The Commissioners were given the report on West Orlando Utilties completed by PEC. The meeting was adjourned for a short break at 10:37 p.m.. The meeting reconvened at 10:45 p.m.. PIONEER KEY PARK II, CITIZEN REPORT Mr. Kelley stated the subdivision should have never been built there and the top priority is to clean out the main ditch system. The City needs permission from three property owners on the north side of Palm Drive, and has received permission from one owner. Mr. Minton has been contacted by the Attorneys on two occasions and as of yet has not mowed the southern portion of his property. Mr. Griffin stated the City does own part of the easement by the Minton property which the City has cleaned out twice now. Mr. Griffin reported that Florida Power was contacted about the street lights in PKP II. Lot 10, PKP II does, to the best of our knowledge, have a drainage pipe under the trailer, but there is no easement, therefore the City can not take any action. Mr. Griffin stated the City has swept the streets and filled the potholes in the streets, although the Street Dept. has found that the water has washed the limerock away under some of the streets in places, which creates more potholes. Mr. Smith, 50 Periwinkle Key Dr., reported that the citizens have been calling Florida Power to get the street lights fixed. Mr. Smith also stated he could not see where the Minton property had been mowed, and he was going to get a bottle of the water out of the ditch, and have it tested to find out if it was sewerage. Mr. Smith asked about the grove owners position in correcting their drainage problem. Mr. Griffin stated the City sent a letter to them, and they responded that they would not do anything as they feel they did not cause the problems. Mr. Kelley stated the top priority is to clean out the ditch system as any other project will result in minor relief comparatively. ~ . . . CITY COMMISSION MEETING SEPTEMBER 17, 1985 PAGE 6 NEW BUSINESS ISSUE CONTINUANCE FRANCHISE RIGHTS CABLEVISION, CITY ATTY Mr. Joe Taylor, Deland, Regional Operations Director for Cablevision was present to answer any questions the Commission may have. Comm. Bateman stated he has personally been without cable for two and one half days and called the service line number without reaching anyone. Comm. Bateman stated he receives many calls from people complaining of poor service, poor reception, and people can not reach anyone at the Winter Garden office when they call in that their service is out. Mr. Taylor stated effective Thursday they have a manager in this area, which will help somewhat, and they have enough technicians, and the telephone lines he feels are sufficient. There are two lines from this area, with a total of seven phone lines into Winter Garden office. Acting Mayor Rodgers suggested that it may be the line going down White Road, as the problem area seems to be concentrated in Prima Vista, Sleepy Harbor, and those residents along White Road. Attorney Lang suggested Cablevision get an operator just to take names and numbers for the staff to call back. Acting Mayor Rodgers stated the franchise agreement was a positive agreement, and a benefit for the City. Cablevision asked that they be put on the agenda for the next Commission meeting. Mr. Taylor reported that they have completed service to Crown Point Apartments, and have an expected completion date of 2/86 for Forest Oaks. Acting Mayor Rodgers suggested they check into the new subdivisions for servicing. REPORTS AND INFORMATION - CITY MANAGER REPORT ON DE-ANNEXATION AND PROPERTY OWNER NOTIFICATION Mr. Griffin stated there are ten parcels involved reference the Ordinance that annexed Mr. Dann's property. Mr. Griffin stated two owners want to stay in the City and one owner wants to de-annex, the others want to think about it. Mr. Griffin suggested we draft a letter to the County and the Attorney asking for legal advice in reference to whether the de-annexation of these parcels will create an enclave. The City can not prove that the people were notified when the property was annexed. The Commission directed Mr. Griffin to draft the letter to the County and our Attorney in reference to whether the de-annexation of Mr. Dann's property and Ms. Smith's property will create an enclave. Robert Lee Smith, owner of three parcels told the Commission that he also wanted to de-annex. If the de-annexation of these properties will not create an enclave, then Mr. Griffin is to proceed with the first reading of the de-annexation on 10-1-85. ~ . . . CITY COMMISSION MEETING SEPTEMBER 17, 1985 PAGE 7 Also, Mr. Griffin is to continue contacting the other parties and proceed with their requests. AUDIT SERVICES Mr. Griffin informed the Commission that they have requested bidding for our Audit Services,for the coming year. State laws mandate that bid proposals do not disclose cost figures. We must choose the best firm, then contact that firm to discuss monies, and bring a recommendation to the Commission. Mr. Griffin stated we have selected Mc Dirmit and Davis, who submitted for a three year contract with slightly lower fees, $13,000.00 per year. Acting Mayor Rodgers asked for a copy of the contract to review, before any action is taken. Mr. Griffin stated we received a letter from DOT; they are going to do intersection light work on Maguire Road and Hwy 50 and Bluford Ave. and Hwy 50, if the City Commission will agree to the standard maintenance agreement supplied. Comm. Cox moved to approve the Resolution, and directed the Acting Mayor to sign the document. Comm. Bateman seconded, and the vote carried unanimously. Mr. Griffin read the resolution aloud. CITY ATTORNEY The City Attorney had no comments. COMMENTS FROM CITIZENS Mr. Michael Oshinski, 1015 Caballero Ct. asked if the pumping of Lake Peach and Moxie could be stopped at night. Mr. Griffin stated the pump has run 24 hours a day with the exception of one time that we had problems with the pump. The pumping will continue for approximately one more month, Mr. Kelley expected. Acting Mayor Rodgers asked that the muffler system be checked. Mr. Griffin stated the muffler was recently changed. Mr. Griffin stated the pump costs the City $200.00 a day therefore we are trying to get the most for our money. Acting Mayor Rodgers asked Mr. Griffin to check into a shield to block some of the noise. Mr. Griffin stated we had tried that but kids kept stealing the shield. Mr. Oshinski stated he would watch the shield if we would put one up. COMMENTS FROM COMMISSIONERS Commissioners Hager, Cox and Rodgers did not have any comments. Comm. Bateman asked that the Commissioners consider Mr. Griffin's request in his memo of 9-13-85. Comm. Bateman stated we needed to look at the repairs needed and 7 . . . CITY COMMISSION MEETING SEPTEMBER 17, 1985 PAGE 8 approve Mr. Griffin's request. Comm. Bateman moved to adjourn th~ MAYOR ISON \A3~~ DEPUTY CLERK U OUDIS R lL -