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HomeMy WebLinkAbout10-01-85 . . MINUTES OF THE CITY COMMISSION MEETING HELD OCTOBER 1, 1985 PRESENT: Mayor Ison, Commissioners Cox, Hager, Rodgers, and Bateman, City Attorney Kruppenbacher, City Manager Griffin, City Clerk Catron, City Engineer Kelley, and Deputy Clerk Louloudis. ABSENT: None. CALL TO ORDER Mayor Ison called the regularly scheduled meeting to order at 7:45 p.m. Mayor Ison then led those present in prayer and to the Pledge of Allegiance. Mayor Ison requested the 'Presentations and Proclamations' be addressed before the 'Consent Agenda'. PRESENTATIONS AND PROCLAMATIONS Mr. Jim Beech, Recreational Director, introduced the individuals who assist him with the organization of the trips to the games for the physically disabled. Mr. Beech presented a plaque to the Board of Commissioners for their support of the games and the physically disabled children. The Commission requested that the plaque be hung in a prominent place in the Community Center. A round of applause went to Mr. Beech, his assistants, and the children for their efforts. Mayor Ison announced that the 'Clean Indoor Air Act' took effect tOday, and there would be no smoking in the Main Hall, but smoking would be permitted in the lounge area of the Community Center, as it is a designated smoking area. Mayor Ison reminded everyone that the Ocoee Lions Club is hosting the Ocoee Fun Festival, and thanked them for their efforts. Mayor Ison stated on October 8, at 7:00 p.m. at the County Services Building on Story Rd. the Orange Commissioners and the Ocoee Commissioners will hold a workshop to discuss the Reserve Urban Service Area Ocoee. Orange County joint for Comm. Bateman announced that a meeting was held at 9:00 a.m. on 10-1-85, to discuss the rezoning of the twenty acres north of White Road. Orange County Commission decided not to rezone the property. Comm. Bateman thanked Mr. Griffin and Mr. Wagner for their efforts in this matter. CONSENT AGENDA Comm. Rodgers requested that items 'D', 'E', and 'F' be pulled from the consent agenda. Comm. Cox moved to approve items 'A', 'B', 'C', 'G', 'H', 'I', and 'J', Comm. Hager seconded, and the vote carried unanimously. 1 r--- . e . CITY COMMISSION MEETING OCTOBER 1, 1985 PAGE 2 Mr. Griffin read the proposed Ordinance to de-annex property by title only, and Mr. Wagner pointed property on the map. The second reading will November 5, 1985. the Dann out the be held Mr. Griffin read the proposed Ordinance to de-annex the A.G. Smith property, by title only, and Mr. Wagner pointed out the property on the map. The second reading will be held November 5, 1985. Mr. Griffin Robert L. pointed it November 5, read the proposed Ordinance to de-annex the Smith property, by title only, and Mr. Wagner out on the map. The second reading will be held 1985. Mr. Griffin read the proposed Ordinance to de-annex the Robert L. and Alvin Smith property, by title only, and Mr. Wagner pointed it out on the map. The second reading will be held November 5, 1985. Mr. Griffin stated that Orange County did not have a problem with the de-annexations. Comm. Rodgers asked for an update of Pension Plan before ap- proval. Item 'D' on the agenda was corrected to read, "Con- ceptual approval of the memo dated 9-12-85, reference the Pen- sion Plan." Comm. Cox moved to approve the action requested in the 9-12-85 memorandum in reference to the $3,000.00 begin- ning expenses, for the pension plan, Comm. Bateman seconded, and the vote carried unanimously. This action will obligate the City to a one year contract with a Pension Plan Administra- tor, once the Commission approves the contract. This authori- zation is to allow the Committee to negociate a contract to be brought back to the Commission for adoption. The Committee is exploring a 'vested rights' period from three to five years. Item 'E' and 'F' will be brought back at the next meeting. OLD BUSINESS SPECIAL STAFF REPORTS - CITY ENGINEER KELLEY Mr. The Mr. for Kelley reported that the Peach/Moxie project has started. research of the ditch at Pioneer Key Park is completed. Kelley stated they are working on a cooperation program the ditch cleaning. 2 - CITY COMMISSION MEETING OCTOBER 1, 1985 PAGE 3 Mayor Ison stated Prima Vista's final offer is $3.12 million total cash price, with $1.5 million down payment, and 2500 connections. Prima Vista has received the report done by PEC. Comm. Rodgers suggested having Attorney Tom Lang be the sole negotiator for the City of Ocoee in the negotiations of the purchase of Prima Vista Utilities. Atty. Lang could report to the Commissioners in Executive Sessions. Comm. ROdgers stated that these types of negotiations are sensitive and having too many people involved may confuse the issue. Mayor Ison stated that Prima Vista did not want these negotiations to be turned into a 'circus'. Comm. Hager and Mayor Ison agreed with Comm. Rodgers. Comm. Bateman felt the City has been negotiating in good faith, and will continue, contrary to the letter received from Prima Vista. Comm. ROdgers moved to authorize Atty. Tom Lang to singularly negotiate with Prima Vista and report back to the Commission in Executive Sessions, Comm. Hager seconded, and the motion carried with Comm. Cox, Rodgers, and Hager voting yeh, and Comm. Bateman voting ney. PIONEER KEY PARK II REPORT e Mr. Griffin reported that the City is the Minton situation with the PSC. being fixed according to Florida Power citizens present from Pioneer Key Park continuing to discuss The street lights are Corp. There were no II. ORDINANCE 846, REZONING METZ/PECK PROPERTIES Comm. Rodgers moved to approve Ordinance 846 for the second reading, Comm. Bateman seconded, and the vote carried unanimously. Mr. Griffin read the Ordinance by title only aloud. There were no comments from the citizens present. Comm. Bateman moved to approve Ordinance 846, Comm. Cox seconded, and the vote carried unanimously. ORDINANCE 847, REZONING STRICKER PROPERTY Comm. Cox moved to approve Ordinance 847 for the second reading, Comm. Bateman seconded, and the vote carried unanimously. Mr. Griffin read the Ordinance by title only, aloud, and stated the property would be rezoned to R-1A. Comm. Cox moved to approve Ordinance 847, Comm. Hager seconded, and the vote carried unanimously. ORDINANCE 848 , CONSTRUCTION REQUIREMENTS Comm. Cox moved to approve Ordinance 848 for the second . 3 . CITY COMMISSION MEETING OCTOBER 1, 1985 PAGE 4 reading, Comm. Bateman seconded, and the vote carried unanimously. Mr. Griffin read the Ordinance by title only, aloud. There were no comments from the citizens present. Comm. Cox moved to approve Ordinance 848, Comm. Bateman seconded. Comm. Rodgers had a problem with the language as he considers land clearing being destruction not construction. City Atty. Kruppenbacher amended the Ordinance in Section 1 by adding the following sentence; "The term 'Construction' is herein defined to include clear- ing of land, whether or not subsequent structures will be built or not." Atty. Kruppenbacher amended Section 2, second line, to read, "Code Enforcement Board and/or City Commission for them, "Comm. Cox approved Ordinance 848, as amended by the City Attorney, Comm. Bateman seconded, and the vote carried unanimously. Mayor p.m. Ison adjourned the meeting for a short recess at The meeting reconvened at 9:10 p.m.. 9:00 NEW BUSINESS It DISCUSSION OF RECREATION FACILITIES REPORT - COMM. COX Mr. Griffin asked Mr. Beech to compile a report on fees which could be required for the use of the Recreational Facilities, to generate more revenue. Mr. Beech compiled information from two books, generated from the State on fees which are in force in Florida for Recreational Facilities, and information from Winter Garden, Winter Park, and Apopka. Comm. Cox stated his goal is to have an attendant at the facilities to assist persons, prevent City property from being destroyed, and collect fees. Mr. Beech felt the abuse of the facilities has decreased lately, and if we were to get a full time attendant, he hoped that person would lead in recreational activities besides caring for the facilities. Presently, everything will stay the same. Comm. Rodgers suggested scheduling a workshop on this subject some time in the future. DISCUSSION OF OCOEE ELECTION PROCEDURES - IRA JOHNSON . Mr. Ira Johnson, 1001 Sabrina Drive, asked Comm. Cox if in fact he would resign his seat in January. It could cost the City $2,400.00 to hold a special election, depending on some other factors. Mr. Johnson asked if Comm. Cox knew he would resign in January, why didn't he resign now, so that the seat could be filled in the November election. Mr. Johnson continued that the City officials are trying to save money and cut corners, this would be one way to do so. Comm. Cox 4 e CITY COMMISSION MEETING OCTOBER 1, 1985 PAGE 5 stated he was elected to do what was in the best interest of the City, and that is what he is doing. REPORTS AND INFORMATION - CITY MANAGER DISCUSSION OF VIDEO GAMES, ETC, IN OCCUPATIONAL LICENSE ORD e In reference to page 8, of the Occupational License Ordinance, Mr. Griffin questioned whether the Commission wanted to charge $30.00 per location for video machines, or charge $30.00 per machine, or address video machines separately. Comm. Rodgers and Comm. Hager were on Commission when the Ordinance was passed. Comm. Rodgers thought their intent was $30.00 per location, as long as the owner had a primary business, and the video machines being the secondary business. Comm. Hager agreed with Comm. Rodgers. Comm. Bateman questioned what other cities were charging. Mr. Griffin stated Apopka has an initial charge of $24.00 plus $8.00 per machine thereafter. The Commission instructed Mr. Griffin to gather information from other cities and bring it back before the Commission. OPEN BIDS SANITATION PACKER The first bid was from Bennett Trucking Equipment, who bid $51,038.00, a Ford LN8000, diesel truck, with 1892 miles on it. The second bid was from Transtat Equipment, who bid $53,500.00, a Ford LN8000, diesel truck, with 5500 miles on it. Mr. Slabaugh, Bennett Trucking, stated the truck was a 1985 model, and everything carries factory warranty, the engine is under warranty for 100,000 miles, and the body is under warrantee for 2 years. Mr. Bill Black, Transtat Equipment, stated there is a 6 month warranty on the packer, which has 20% larger packing cylinders, with factory warranty, and the truck is 1100 pounds heavier. Comm. ROdgers moved to approve the bid from Bennett Trucking Equipment for $51,038.00, Comm. Bateman seconded, and the vote carried unanimously. FOLLOW-UP AGENDA . Mr. Griffin stated we are working on the proposed Law & Fire Impact Fee Ordinances. Prima Vista has complied with our request showing 'proof' from DOT and PSC. The City Attorney sent a letter to Prima Vista not permitting them to lay the lines but saying we would not stop them either. We are continuing to contact PSC about M & M Utilities. The City ~ . CITY COMMISSION MEETING OCTOBER 1, 1985 PAGE 6 Attorney Personnel assessment. is working on the Orange Grove flooding PKP II, Policies, and 'Cash' in lieu of recreation CITY ATTORNEY Mr. Kruppenbacher did not have any comments. COMMENTS FROM CITIZENS/PUBLIC e Mr. Don Tyndall requested permission from the City Commission to stay open for business. Mr. Griffin explained that Mr. Tyndall had his car lot at 290 Geneva St., which fronted Bluford, and then moved to Story and Kissimmee. Mr. Griffin stated he is not licensed at that location, and he is violating set back regulations for 1-2 zoning, on the west side, of the property. Mr. Griffin stated the first step is to go before the Board of Adjustment. A meeting has been scheduled for 10-22-85. Comm. Rodgers moved to permit Mr. Tyndall to operate his business until the first Commission meeting following the Board of Adjustment meeting on 10-22- 85, and any improvements made to the property are entirely the owners or Mr. Tyndall's risk. Comm. Hager seconded, and the vote carried unanimously. The Commission instructed the City Manager send a letter to Mr. Tyndall and explain the steps that have to be taken. Mr. Bruce Beatty, 311 Hormigas St., presented the Commission with a report on Prima Vista Utilites. Mr. Beatty made some comments to the Commission concerning the purchase of Prima Vista Utilities. Mr. Beatty suggested the City; identify the total cost of the purchase, determine the cost of the City's output, get a projected growth rate, determine what the utilities cost to operate, consider the impact of PSC, and understand Prima Vista's costs. Mayor Ison thanked Mr. Beatty for his perseverance with Prima Vista Utilties, and asked him if he would figure out a reasonable purchase price for the plant. Mr. Beatty declined to present such a figure. Mr. Ira Johnson suggested putting the issue on a referendum to the ballot in November, and ask if the City of Ocoee should get into the sewer business. Mr. George Bailey, Times, did not think there was time to get a referendum on the ballot. The Commission discussed it but no decision was made. . Mrs. Luetha McClain, 720 N. Lakewood, stated the water from the Peach/Moxie problem is flooding her property. Mr. Kelley 6 e e . CITY COMMISSION MEETING OCTOBER 1, 1985 PAGE 7 stated the Peach/Moxie problem would not flood her property, as her property is low ground. Mayor Ison stated we were working on the permits from the State to run the drainage out to Lake Apopka, then her problem should be rectified. Betty Irvine, President of the Ocoee Historical Commission, asked if the $25,000.00 originally budgeted was cut or is it currently in the budget. Comm. ROdgers thought it was included, but apparently it was cut as it is not currently in the budget. Comm. Bateman felt we could not take monies from the departments to put these monies back for the Maguire House. Comm. Hager felt that somehow we should find the money for the Maguire House. Comm. Cox is taking it under advisement. Mayor Ison felt we should find the monies and work on the Maguire House. Mrs. Shirley Turner, 615 S. Lakewood Avenue, asked why Mr. Griffin requested a photo be taken of her husband, Leroy Turner. Mr. Griffin stated he saw Mr. Teddie Hey and Mr. Leroy Turner consulting, and thought it might be pertinent for the benefit of the City of Ocoee. Mr. Griffin stated the Commission thought he acted in error and he would not do anything else. Mrs. Turner stated that Leroy Turner resigned his position as Chief of Police on 3-25-85, under pressure from Mr. Griffin. Mr. Jim Sills, President of the Ocoee Lions Club, announced the events of the Ocoee Fun Festival on October 5th and 6th. COMMENTS FROM COMMISSIONERS Comm. ROdgers suggested giving the residents of Prima Vista subdivision and the residents on North Durango a handout on the Damage Reward Program, which may result in less damages to the parks of the City. Comm. Rodgers felt the staff should re-evaluate the current sick leave policy since one third of the employees signed the petition objecting to the accrual instead of the traditional buy back at the end of each fiscal year. Comm. Hager stated there was a 16 to 18 inch deep hole at the corner of Franklin and Taylor Street, which needs to be taken care of. 7 . - . CITY COMMISSION MEETING OCTOBER 1, 1985 PAGE 8 Mayor Ison stated the streets at Snowden and Kirby St. need swept, as they have alot of sand. Mayor Ison also handed out two papers to the Commission to take under advisement, and possible action at the next regular meeting. The meeting adjourned at 11:58 p.m.. ATTEST: ~~ \.. . Lt DEPUTY CLERK L UDIS A :!tL- l L MAYOR ISON