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HomeMy WebLinkAbout11-05-85 . MINUTES OF THE CITY COMMISSION MEETING HELD NOVEMBER 5, 1985 PRESENT: Mayor Ison, Commissioners Cox, Rodgers, Hager, and Bateman, City Manager Griffin, City Attorney Kruppebacher, City Engineer Kelley, City Clerk Catron and Deputy Clerk Louloudis. ABSENT: None. CALL TO ORDER Mayor Ison called the regularly scheduled meeting to order at 7:38 p.m.. Mayor Ison then led those present in prayer and to the Pledge of Allegiance to the Flag. APPROVALS/CONSENT AGENDA . Comm. Rodgers removed items 'D'; Water Exception for Mark Strauder, and 'H'; Request for M. J. Strosnider to be paid reserve firefighter from the Consent Agenda. Comm. Cox moved to approve the remaining items; A. Regular Commission Meeting Minutes of 10-15-85; B. Commission Workshop Meeting Minutes of 10-15-85; C. Commission Special Session of 10- 22-85; E. Reappoint L. M. Zeigler and Newy Breland to Damage Rewards Board; F. Reappoint Newy Breland and Pat Bond to the Merit System Board; G. Appoint Vernon Combs to the Board of Adjustment. Comm. Hager seconded, and the vote carried unanimously. Comm. Rodgers asked if the City could be held responsible if there was a fire at Mr. Strauder's residence. Mr. Griffin and Atty. Kruppenbacher stated the City would not be held responsible, with the agreement Mr. Strauder will sign. Comm. Rodgers moved to approve the exception for Mr. Strauder, Comm. Bateman seconded, and the vote carried unanimously. In reference to hiring M. J. Strosnider as a paid reserve firefighter, Mr. Griffin informed the Commission that according to the City's Appendix C of the Merit Plan we can hire relation only by a unanimous decision of the Commission. Comm. Rodgers stated he liked both Chief Ron Strosnider and Mary Jo Strosnider but felt the Commission must stick to the personnel code. Comm. Rodgers moved to deny the request, Comm. Hager seconded, and the vote was a tie with Comm. Rodgers and Comm. Hager voted yeh; and Comm. Cox and Comm. Bateman voting ney. In order to hire a relative, the code calls for a unanimous vote by the Commission, therefore the request was denied. PRESENTATIONS AND PROCLAMATIONS . Mayor Ison announced that there would be a Canvassing Board meeting on 11-6-85, at the Community Center at 12:00 noon, where the election results will be officially announced, and the winner will be sworn into office. . . . CITY COMMISSION MEETING NOVEMBER 5, 1985 PAGE 2 Mayor Ison announced that the Ocoee Christmas Parade will begin at the Ocoee Elementary School on December 14, 1985, at 10:00 a.m.. Mayor Ison informed the audience that there will be a Veterans Day Memorial Program next Monday, beginning at 9:00 a.m. at the Gazebo, with a rifle salute, memorial roll call of the veterans of the community, and then coffee and donuts at the Community Center. Then at 10:00 a.m. they will go to the Ocoee Cemetery and pay respects to those veterans who have passed on. At 6:00 p.m. there will be a retreat of the Flag, a rifle salute, and a buglar will play Taps. SPECIAL STAFF REPORTS Mr. Kelley reported that they did a lot of flushing of the water lines, which seems to have taken care of the problems some residents were having on the north end of town. Mr. Kelley stated these problems were caused from the line replacement which took place. This replacement caused rust particles and old scale to break loose from the old lines, which in turn caused some residents water to have a bad order, or be brownish in color. Comm. Bateman stated he thought Mr. Kelley was supposed to look at the possibility of getting a filtration or aeration system on Well 1A. Comm. Bateman stated at the far ends of the lines the water is still muddy and it smells. Mr. Kelley stated the filtration system would be very expensive. Mr. Kelley and Mr. Cockrell assurred the Commission that the problems some people are experiencing are not caused by Well 1A, they are problems arising from the corrosion of the old lines, which surfaced when some lines were replaced. Comm. Rodgers stated the problems we have with the water up on the hill is top priority. Mr. Cockrell stated both wells need painting on the inside which takes about a month, but we don't have a backup system. JAMES MITCHELL, MAGUIRE ROAD, PRELIMINARY SUBDIVISION The City's Development Review Committee reviewed the preliminary subdivision plans and submitted a list of five items, which the developer agreed with. Comm. Rodgers moved to approve the Maguire Road Preliminary Plan Subdivision, subject to the five items listed on the staff report, Comm. Cox seconded, and the vote carried unanimously. PUBLIC HEARINGS/SECOND READINGS ORDINANCE 852, DANN DEANNEXATION Mayor Ison read the Ordinance by title only. There were no 2 . CITY COMMISSION MEETING NOVEMBER 5, 1985 PAGE 3 comments from the citizens or the Commissioners. Comm. Rodgers moved to approve Ordinance 852, Comm. Hager seconded, and the vote carried unanimously. ORDINANCE 853, A. G. SMITH DEANNEXATION Mayor Ison read the Ordinance by title only. There were no comments from the citizens or the Commissioners. Comm. Rodgers moved to approve Ordinance 853, Comm. Hager seconded, and the vote carried unanimously. ORDIANNCE 854, ROBERT LEE SMITH DEANNEXATION Mayor Ison read the Ordinance by title only. There were no comments from the citizens or the Commissioners. Comm. Cox moved to approve Ordinance 854, Comm. Bateman seconded, and the vote carried unanimously. ORDINANCE 855, ROBERT L. & ALVIN SMITH DEANNEXATION . Mayor Ison read the Ordinance by title only. There comments from the citizens or the Commissioners. Rodgers moved to approve Ordinance 855, Comm. seconded and the vote carried unanimously. were no Comm. Bateman DISCUSSION HARBOUR HIGHLANDS II - ALTON JULIAN . Mr. Alton Julian, owner of the Harbour Highlands II project, stated he was told by his subcontractors that a City employee told the subcontractors they could not work as they did not have a permit, could not work on Saturdays or Sundays, and could not spread the pipe out along the road side. Mr. Julian did not know who the City employee was. Mr. John Cockrell, Water Supervisor, stated he spoke to the subcontractor, in a friendly manner, and stated he should have a copy of the plans on the job, and a copy of the permit. Mr. Cockrell stated he did not shut the job down, or tell them they could not work, just that it would behoove them to have these copies on the job site. Mr. Cockrell instructed the subcontractor to see Mr. Julian about these copies. Comm. Rodgers asked why these things were not addressed in the preconstruct ion meeting. Mr. Griffin stated that City staff was not informed of the preconstruction meeting, which was held at PEC, and City staff was not present at this meeting. Mr. Cockrell explained further that he asked the water line subcontractor if he would be working on weekends. The subcontractor stated that they would not be working on the weekends. Mr. Cockrell was glad to hear this as he does not have money in his budget to pay a man overtime to work weekends, inspecting the lines. Mr. Cockrell asked for a 24 hour notice if they decide to work on the weekends ~ . CTY COMMISSON MEETING NOVEMBER 5, 1985 PAGE 4 . sometime in the future. Mr. Cockrell did not know anything about the statement that a City employee told them not to spread the pipe out. Comm. Rodgers questioned how we could afford a man to inspect this work eight hours a day. Mr. Griffin stated he did not see how we could afford not to have a man inspecting full tme, and that Mr. Kelley agreed with his opinion. Mr. Griffin stated they could lay one mile of pipe and cover it up, before we get to inspect it. Comm. Cox stated the problems up on the hill will cost us $300,000.00 to fix, because we did not have a man inspecting the lines as they went in, therefore it is worth it to the City to have a man inspecting full time, which costs us about $40.00 per day. Comm. Bateman asked Mr. Julian why he did not go to the City Manager with these problems, this is where the communication break down lies. Comm. Bateman asked why Mr. Julian did not give the staff a chance to clear up the problem. Mr. Julian stated he did what the City Clerk told him to do. City Clerk Catron stated when he called he asked how to get on the agenda, not how to speak to the City Manager. Mayor Ison stated there was an apparent break down of communication on both sides, and apologized to Mr. Julian. SANITATION DEPARTMENT COMPLAINT, MICHAEL NORMAN Mr. Griffin stated Mr. Norman had a new garbage can, which contained personal property he intended to keep. This can was placed near the cans which contained garbage he wanted disposed of. The Sanitation Dept. picked up both cans and threw away his personal property. Mr. Norman wanted his personal property replaced, at the expense of the City. Mr. Norman was not present. The Commission took no action. COMMUNITY CHRISTIAN CENTER, PASTOR DAVID BRALAND Pastor Braland was not present at the meeting, but requested in a letter dated 10-11-85 that the Commission waive the present policy and give the Community Christian Center authorization to use the Community Center every Wednesday evening. The Commission agreed that they must stick to the policy, but recommended they check the Ocoee Youth Center. REPORTS AND INFORMATION - CITY MANAGER ELECTION RESULTS, CITY CLERK CATRON . City Clerk Catron announced that Mr. Hager won with a vote of 273, over Mr. Hey who had 251 votes. Comm. Hager thanked all the citizens who came to vote for him and his opponent. There was only a 16% voter turnout. Comm. Bateman congratulated Comm. Hager on his re-election. 4 . . . CITY COMMISSION MEETING NOVEMBER 5, 1985 PAGE 5 ARBOR AND LANDSCAPE ORDINANCE The Commissioners wanted a provision to immediately stop the developers from destroying the trees. Page six states to pay $25.00 per tree, which is after the fact. Comm. Rodgers stated that the Ordinance should be designed as a stop device not to generate revenue. Comm. Rodgers stated the tagging of trees, sizing the trees, and inspecting, will become an expense to the City. Comm. Bateman felt the burning out of dead orange groves should be exempt. It was agreed to let the waiver be authorized by the City Manager. Atty. Kruppenbacher was instructed to re-word the Ordinance draft. The Ordinance will be back on the agenda for its first reading on 11-19-85. OTHER REPORTS Mr. Don McIntosh stated he wanted conceptual approval from the Commission for the shopping center he is planning to construct on the east shore of Lake Bennett. Mr. Griffin stated the staff needs to be prepared to give their input to the Commission before they can conceptually approve the construction. Mr. Griffin introduced Mr. Sam Gerace, the new Building Official for the City, and stated he worked for Ocala for several years. The Commission welcomed Mr. Gerace. FOLLOW UP AGENDA Reference the Law and Fire Impact Fee Ordinances, Atty. Kruppenbacher felt we would be challenged, therefore we need to come up with the best possible Ordinance, and be prepared to go to court when we are challenged. Comm. Rodgers asked if there was another way we could collect, and accomplish the same thing. The changes have been made to the Personnel Policy, and the copies will be forwarded to the Commission. Mr. Kelley will make a report on December 3, 1985 on Well 1A. Orange County is participating in the ditch cleaning project we are going through. Atty. Kruppenbacher will re-word the Arbor Tree Ordinance and the Landscape Ordinance and bring them back before the Commission. Thursday night the Ocoee Historic Commission will be meeting at 7:30 p.m.. Comm. Bateman recommended that all the s . CITY COMMISSION MEETING NOVEMBER 5, 1985 PAGE 6 Commissioners be present so the Commission can let their feelings be known. Comm. Cox recommended the Commission direct the Historic Commission to decide to raise funds for the restoration, and the City will match the money, up to the first $25,000.00. COMMENTS FROM CITIZENS . Mr. Don Tyndall was present to discuss the problems with the building where he is currently conducting his business. Mr. Tyndall went before the Board of Adjustment, discuss a variance on the four counts of non-compliance. Mr. Tyndall wants to comply, although Mr. Griffin stated there was no way he could make the building comply. Therefore no action was taken by the Board of Adjustment. Mr. Tyndall must have a survey taken of the property to present to the Board of Adjustment. Comm. Rodgers moved to extend Mr. Tyndall's authorization to conduct his business until 11-19-85, Comm. Cox seconded, and the vote carried unanimously. It was understood that this motion was contingent that the Board of Adjustment can meet as close to the 19th as possible. Comm. Rodgers requested that Mr. Griffin give another letter to Mr. Tyndall stating the steps he needs to take and to get a survey done on the property. Mr. Jerry Long stated he has property on the south side of Highway 50, and wanted to be sure the zoning was in fact C-3, and there was no intention of de-annexing. Mr. Griffin verified that the property is zoned C-3. They are planning to construct distribution warehouses. Mr. the they this Ronald Strosnider, Fire Chief, asked the legal status of reserves for the Police and Fire Department, and what are entitled to. Mr. Kruppenbacher will report back on at the next meeting. COMMENTS FROM COMMISSIONERS Comm. Bateman, Comm. Cox, and Comm. Rodgers had no comments. Comm. Hager announced that the American Legion in Winter Garden were holding a free chicken dinner on Saturday from 12:00 noon to 4:00 p.m.. . Mayor Ison Reception at 1985 at 6:00 announced that there will be a Legislative the West Orange Country Club on November 13, p.m. . Mayor Ison also stated that he had received a request from Mr. Gary Carroll, President of the Ocoee Jr. High Athletic Association, who asked if the City would donate any monies toward the additional $1,500.00 they will need to hold the 6 . . . CITY COMMISSION MEETING NOVEMBER 5, 1985 PAGE 7 annual banquet at the Tanner Auditorium in Winter Garden; the Association had already raised about $4,500.00. Comm. Bateman moved to adjourn the m Comm. Cox seconded, and the vote car.r p. m. . MAYOR ISON ATTEST: J~~~l~ DEPUTY CLERK L OUDIS 7