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HomeMy WebLinkAbout03-04-86 . e e MINUTES OF THE REGULARLY SCHEDULED CITY COMMISSION MEETING HELD MARCH 4. 1986 PRESENT: Mayor Ison, Commissioners Cox, Rodgers, Bateman and Hager, City Attorney Kruppenbacher, City Manager Gri~fin, City Clerk Catron, City Planner Wagner, Building O~ficial Gerace, and Deputy Clerk Louloudis. ABSENT: None. CALL TO ORDER Mayor Ison called the regularly scheduled meeting to order, Comm. Cox led those present in prayer and to the Pledge o~ Allegiance to the Flag. PRESENTATIONS AND PROCLAMATIONS Mayor Ison announced that the Board o~ AdJustment minutes were for in~ormation only. Mayor Ison then those present of the scheduled workshop ~or 3-6-86 p.m. in the classroom at the Ocoee Community Center. meeting reminded at 7:30 APPROVALS - CONSENT AGENDA City Attorney Kruppenbacher requested that item 'D' o~ the Consent Agenda be pulled, and stated the Ordinance which is to be amended is 512 not 521. Mayor Ison requested that item 'F' be pulled and placed under 'Old Business' since there were 80 many citizens present to discuss this subJect. Comm. Bateman requested that item 'E' be pulled ~rom the Consent Agenda. Comm. Bateman moved to approve the remaining items; A. Regular Comm. Mtg. minutes of February 18, 1986; B. Workshop Comm. Mtg. minutes o~ February 25, 1986; C. Special Session Mtg. minutes o~ February 25, 1986; G. Proposed Ordinance, Requiring Developers Agreements, First Reading. Comm. Hager seconded, and the motion carried unanimously. In re~erence to item 'E', Proposed Ordinance establishing a flat rate construction water, first reading; Comm. Bateman moved to change Section 1 of the Ordinance to say that 1/2 of a month shall be 50% of the amount and over a 1/2 of month shall be 100%. Comm. Cox seconded, and the motion carried unanimously. Mr. Kruppenbacher stated this was not a material change therefore it would be alright to proceed with the first reading. Mr. Griffin read the proposed Ordinance by title only, and stated the second reading will be held 4-6-86. Mr. Gri~fin read the proposed Ordinance, requiring developers agreements, by title only. OLD BUSINESS SPECIAL STAFF REPORTS - CITY ENGINEER Mr. Rick Merkel, PEC, stated the bid proposals for Springlake Storm water improvements have been received and they vary from 1 e CITY COMMISSION MEETING MARCH 3, 1986 PAGE 2 S36.960.00 to S103.000.00. The low bidder was Farah Construction, ~or S36,960.00. The City engineer has checked their re~erences and Iound them to be reputable. Comm. Rodgers moved to approve Farah Construction ~or the proJect. Comm. Bateman seconded, and the vote carried unanimously. The duration o~ the proJect should take approximately 60 days. Mr. Kelley will report at a later date on the waste water proJect. FOREST OAKS WATER TREATMENT PLANT - WAYNE RICH Mr. Wayne Rich stated they requested to be on the agenda and ~ound they were not. Mr. Gri~~in explained that he pulled them ~rom the agenda. He spoke with Mr. Rich previous to this meeting and told Mr. Rich there were some problems with the plant. Mr. Rich told him to put him on the agenda and the problems would be taken care o~ be%ore the meeting. Mr. Gri%~in stated there has been no results with the problems, Mr. Miller is not ready with the cost estimates. and the City has not received 'as built' plans %or the plant. For these reasons, Mr. Gri%%in pulled the item. e Mr. Rich asked the Commission if they would formally accept the maintenance and operation 0% the plant, stating the punch list currently has Iive items on it which are minor items. The items are: 1. Prepare an 'as built' set of plans of the Water Plant. 2. Well driller prepare an 'as built' set of plans 3. An over~low during the ~reeze caused an erosion, which must be fixed. 4. Mr. Cockrell requested that an electrician show him how everything works. 5. Someone to show Mr. Cockrell how the snu~fer works. Mr. Miller is reviewing Ior cost certiIication, and Mr. Kelley has to do an analysis with perspective to the capacity o~ the plant. Mr. Cockrell stated he has been requesting the schematics ~or the past few months. and has not received it yet. Mr. Cockrell stated he wanted to be sure that everything on the plans is actually there, and he wants the electrician to show him how it works. Mr. Cockrell Ielt someone should sign 0%% on the Water Plant be%ore acceptance so the City will have recourse i% problema arise. . The Commissioners questioned the City Attorney %or advice. Mr. Kruppenbacher stated he was not prepared to give legal advice on this as he did not have the agreement be%ore him to read. Comm. Bateman moved to table the subJect until such time that Mr. Cockrell, Mr. Kruppenbacher and sta%% %eel the plant is ready for acceptance. The vote carried with Commissioners Bateman; Hager; and Cox voting yeh. and Comm. Rodgers voting ney. Mr. Rich asked the Commission to make this the %inal punch list, the Commission refused to do so. 2 e CITY COMMISSION MEETING KARCH 4_ 1986 PAGE 3 The Commissioners also requested that Mr. Steve Miller and Mr. Cockrell be present at the next meeting. OTHER BUSINESS LETTER FROM DREW THOMAS RE PVU VERSUS THE CITY OF OCOEE Mr. Kruppenbacher had a letter from Attorney requesting authorization to dismiss this case. moved to give Mr. Thomas the authorization to case. Comm. Bateman seconded~ and the unanimously. Drew Thomas Comm. Rodgers dismiss this vote carried LYLE STREET MAINTENANCE MAP/RESOLUTION 86-03 e Mr. Griffin explained that the present Lyle Street is not where the platted Lyle Street is. The City has maintained this street for 18 years. If this resolution is passed the City will then accept maintenance responsibility for the actual road. The second reading will be held on April 1, 1986. Mr. Fitzgerald asked if we could put up street signs for a one way road, from north to south. Mr. Bob Owens asked if we were also going to pave Oakland Street. Mr. Griffin stated we were not discussing paving any road~ but at some time in the future the Commission might consider paving the road. There were complaints also on the parking of large commercial vehicles on Oakland. Mr. Griffin stated not much can be done with the parking until the roads are paved. Comm. Rodgers moved to table the resolution until the second reading of the Ordinance on April 1~ 1986. Comm. Bateman seconded, and the vote carried unanimously. Mr. Griffin read the Ordinance by title only, for the first reading. Comm. Bateman moved to have Lyle Street designated a one way street running from north to south, Comm. Cox seconded, and the vote carried unanimously. Comm. Rodgers requested the staff put up a sign saying 'No thru truck traffic'. PENSION PLAN PRESENTATION - COMM. BATEMAN . Comm. Bateman thanked the City Manager and the Finance Director for their help and many extra hours of work. Comma Bateman stated the plan will provide a defined pension plan funded 100% by the City, guaranteed by the government, and administered by staff. This will encourage long-term employment and is inexpensive to the City. On 10-1-85 the Commission unanimously adopted a resolution approving Southern Business Group. Comm. Bateman read the proposed Resolution for the Pension Plan. Comma Bateman moved to adopt the Resolution, Comma Cox seconded. The City has funds budgeted for this. Southern Business Group'e attorney recommended that we adopt this by Resolution. According to 3 . CITY COMMISSION MEETING MARCH 4, 1986 PAGE 4 the attorney a resolution is non-binding, and is usually used for something that is temporary, or annually reviewed by the Commission. Comm. Rodgers asked that this be incorporated through the Merit Plan also. Mr. Kruppenbacher is to contact their attorney and find out why he recommended adoption by Resolution. Mr. Kruppenbacher stated he will then either bring back a resolution or an ordinance, which ever is determined to be appropriate. COMPLAINTS FROM CITIZENS/PUBLIC Mr. George B. Workman sent a letter to the Commission, complaining of the poor traffic enforcement on the north end of town, specifically Wurst Road. Mr. Workman states people break the speed limit all the time. Chief Brandt, Ocoee Police Dept. Chief, stated they set speed traps on that road periodically. Also, Chief Brandt stated several officers are in the middle of schooling - learning how to use radar units and becoming certified per state requirements. e Mr. Bruce Beatty, 311 Hormigas Street, stated (reference Quality Vaults and the crematorium) the Commission agreed there was no structural change therefore permitting the additional crematorium, then why were they issued a building permit last year. City Manager Griffin explained the City issued building permits for virtually all types of building including fences. NEW BUSINESS MARK STRAWDER SPECIAL EXCEPTION REQUEST Mr. Mark Strawder has asked for a special exception to place a mobile home in A-2 zoning under the rarm Labor Housing section. Mr. Griffin stated the Board of AdJustment recommend approval of the special exception for this particular owner only. Comm. Bateman moved to approve the special exception for Mark Strawder, for this owner only, not to be grandfathered if the property is sold. Comm. Hager seconded, and the vote carried unanimously. PETITION FOR INTERPRETATION OF THE ZONING ORDINANCE - ALLEN AMOS . Mr. Allen Amos petitioned the Commission to find out where and under what conditions a flea market would be permitted under our zoning ordinance. Mr. Kruppenbacher stated our zoning ordinance does not address a 'flea market'. Mr. Russ Wagner needs to figure out where a flea market fits into our plan, then amend the plan to include it. In Orange County a Flea Market is permissible under C-3 or C-2 zoning. Mr. 4 e CITY COMMISSION MEETING MARCH 4. 1986 PAGE 5 Allen Amos stated they are looking at constructing around an 80,000 square foot flea market under roof, at Maguire Road and Highway 50. The building code is addressed by square footage, and the Occupational License fee must be addressed. Mr. Beatty %elt the issue should be re%erred to the Board of AdJustment, then to the sta%x and Commission. Comm. Rodgers moved to have Mr. Wagner research this and report back to the Commission at their next meeting. Comm. Bateman seconded, and the vote carried unanimously. CONCEPTUAL BRIEFING ON W.O. - M. ROBITAILLE MEMORIAL HOSPITAL MEDICAL CENTER Mr. Robitaille, West Orange Memorial Hospital, stated they were planning to construct a new ambulance headquarters xor West Orange Ambulance, along with an urgent care center and high quality medical facilities. They have scheduled the completion date for sometime next xall. Comm. Bateman moved to conceptually approve the annexation, Comm. Hager seconded, and the vote carried unanimously. WEST ORANGE MEMORIAL HOSPITAL EDUCATION DEPT. e The West Orange Memorial Hospital - Educational Dept. wrote a letter to the Commission asking for free use ox the Community Center on 3-17-86. Comm. Cox moved to waive the fee for the Hospital, Comm. Bateman seconded, and the vote carried unanimously. CONCEPTUAL REVIEW SYLVESTRI PROPERTY ANNEXATION Mr. Tim Wilson, Sylvestri Properties, stated there are two parcels of land surrounded on three sides by the City, and they want PUD zoning. Comm. Bateman moved to grant conceptual approve 0% the annexation. Comm. Cox seconded, and the vote carried unanimously. TWO *100.000.00 CD'S MATURE e Mr. Ivan Poston reported that the City has two S100,OOO.00 C.D.'s that will mature on the 13th. Mr. Poston has checked and found that Sun Bank will pay 7.45 % on a three month C.D., Tucker State will pay 7.00%, and Orange Bank will pay 7.25% on the three month. All of the above named banks are approved designated depositories for the City. Orange Bank owes the City a letter stating the designated securities they have collateralized against the xunds the City has in the bank. Orange Bank had to purchase a 'T' bill to cover our monies that are invested thus the reason they aren't more competitive on the rates. The Commission %elt it would be better to invest in long-term C.D.'s, and get the best rates 5 e CITY COMMISSION MEETING MARCH 4, 1986 PAGE 6 for 12 or 30 months. Comm. Cox moved to authorize Ivan Poston, Finance Director, to research for the best possible rate for a 12 month C.D., from the depositories approved by the State as public depositories, Comm. Bateman seconded, and the vote carried unanimously. REPORTS AND INFORMATION - CITY MANAGER Mr. Griffin stated Cablevision Industries would like to schedule a public hearing for the purpose of discussing the merger with another company and updating the franchise agreement with the City. Mr. Kruppenbacher requested this be on the next agenda for the public hearing. Mr. Griffin stated the Winter Garden Elks Club has asked for a donation from the City to place an ad in the newspaper. Comm. Rodgers moved to approve $25.00 for an ad for the Winter Garden Elks Club, Comm. Cox seconded, and the vote carried unanimously. e Mr. Griffin stated he received a letter from Mr. Ralph Turlington, Commission on Education, who advised that they will have people present at the election on March 18, 1986, to get people to sign a petition requesting a State Lotery, with proceeds being spent on Education. If enough signatures are received the matter will be placed on Nov. 86 ballot. FOLLOW UP AGENDA The Mayor and Commissioners will be provided with a copy of the budget through current time frame for FY85/86. The City Attorney has drafted an Ordinance which will be put on the next agenda in reference to the franchise/utility fees from the sewer companies. The Special Session reference the Comprehensive Land Use Plan has been done. The proposed Ordinance in reference to "Monthly flat rate construction water" has been addressed. Mr. Griffin sent a letter to Florida Power Corp. in reference to the Mayor and Commissioners request for street lights on Highway 50. CITY ATTORNEY . Mr. Kruppenbacher will check with their tax lawyer reference to the Ocoee Historic commission receiving deductible donation status. The transportation impact in tax fee 6 . CITY COMMISSION MEETING MARCH 4, 1986 PAGE 7 Ordinance has been dropped. Mr. Kruppenbacher stated Mr. Wagner has been doing good work with the Comprehensive Land Use Plan. Mr. Kruppenbacher stated he had a technical concern - nepotism, according to the State Statutes. Sam Bean, patrolman o~ Ocoee PD, married Mark Hopper's eister, who is also a patrolman o~ the Police Dept., there~ore they are brother-in-laws. This situation can be waived only by unanimous vote o~ the Board o~ Commissioners. Chie~ Brandt submitted a letter to the Commissioners stating each of the employees are a very important part of his department and would not like losing either employee. Comma Hager moved to waive the nepotism clause in this particular case, Comma Bateman seconded, and the vote carried unanimously. Comm. Rodgers then requested the Merit System Board meet and discuss the nepotism clause, and bring back a report to the Commission. Mr. Kruppenbacher is to attend the meeting with the Merit System Board. e In reference to Mr. Griffin's resignation, Mr. Kruppenbacher recommended the Commissioners decide two things. First, someone should be appointed temporarily as Acting City Manager, they should decide that person will be. Secondly, how is the Commission going to seek out another permanent replacement. Comm. Rodgers stated they needed to decide the qualifications, salary range, and required experience. Comm. Rodgers also suggested contacting FL League of Cities to see i~ any other city has recently taken applications for City Manager position, and maybe we can get their applications. The Commission instructed staff to put an ad in the Dategram for the City Manager with the population figures, number of employees, the form o~ government, ealary range, etc.. The applications will be sent to City Clerk Catron. The deadline for the applications is 4-4-86. The Commission requested that the subJect a~ a temporary person in the City Manager's position be put on the next agenda. COMMENTS FROM COMMISSIONERS Mayor Ison presented Comm. Cox with a plaque thanking him for his dedication to the City of Ocoee. Comm. Cox stated it was an honor to have been chosen for the Seat, and he plane to come back to Ocoee, but for now his ambitions have taken him elsewhere. Comm. Bateman personally thanked Comm. Cox for his dedication, and also for the citizens of Ocoee. e Comm. Rodgers asked if the terms of Mr. Griffin's resignation were negotiable now since they have already been acted upon. Comm. Rodgers then requested that it go on record that he 1s against the six months severance pay. Comm. Bateman wanted it 7 . e . CITY COMMISSION MEETING MARCH 4 ~ 1986 PAGE 8 to go on record that he was for the six months severance pay, for Mr. Griffin. Comm. Rodgers stated Sunday's paper concerned him when he was named specifically. Comm. Rodgers stated, "No one on this Board has my permission to speak for me and represent me." He asked Comm. Cox if he made the statement. Comm. Cox said he would discuss with him after the meeting. Mayor lson commended the Commissioners for their work done tonight. Mayor Ison and Comm. Rodgers requested the name change from "Old Winter Garden Road Exteneion" to poseibly "Professional Park" be placed on the agenda for the next meeting. The meeting was adJourned at 11:00 P~:~:Jll__Lm MAYOR ISON ATTEST; 8