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HomeMy WebLinkAbout11-04-86 MINUTES OF CITY COMMISSION MEETING HELD NOVEMBER 4, 1986 . PRESENT: Mayor Ison; Commissioners Johnson, Bateman, and Hager; City Manager Ryan, Acting City Attorney Tom Lang, City Planner Wagner, City Engineer Kelley, Acting Building Official Hurst, Water Superintendent Cockrell, City Clerk Catron. and Deputy Clerk Green. ABSENT: Commissioner Dabbs was absent. excused due to a death in the family. The absence was CALL TO ORDER - MAYOR ISON Mayor Mayor flag. Ison called the meeting to order at 7:39 P.M.. led in prayer and in the Pledge of Allegiance to The the PRESENTATIONS AND PROCLAMATIONS The Minutes o~ the Planning & Zoning Board Meeting of September 9. 1986. were presented for information only. e Mayor Ison explained that the City Attorney advised that the more technical interpretation of City ordinances necessitated by the City's growth would require members of the Planning and Zoning Board to reside within the city limits. He noted with regret that Edgar Brooklynl who had served on the Planning & Zoning Board from its inception in 1971 to 1986. and Ron Collella. who had served from 1982 to 1986. would no longer be eligible to serve. The Mayor thanked each of them for their work on the board. Commissioner Hager echoed the Mayor's words of appreciation. and especially noted Mr. Brooklyn's long years of service. Mayor Ison presented plaques to each of them in recognition of their contributions to the City while serving on the Planning & Zoning Board. Mayor Ison announced that all are invited to attend a legislative reception at the West Orange Country Club sponsored by the West Orange Chamber of Commerce on Thursday. November 6th. Also on Thursday night will be the Pop Warner Powder Pu~~ Football game at Pop Warner Field. and their Homecoming will be on Saturday. November 8th. Mayor Ison also announced that he had received noti~ication from the Department of Transportation announcing the letting of bids for improvements to the Marshall Farms Road and Highway #50 intersection. APPROVALS - CONSENT AGENDA e Commissioner Johnson moved to approve all Consent Agenda. Commissioner Hager seconded. items on the and the motion 1 . Page 2 City Commi..ion Meeting November 4, 1986 carried unanimously. Items approved were as follows: A- Regular Commission Meeting Minutes 0% October 21, 1986; B- Special Session Commission Meeting Minutes 0% October 16, 1986; C - Appointments to the Pension Plan Administrative Committee; and D - Proposed Ordinance, Samano Annexation, First Reading. City Manager Ryan read the proposed ordinance by title only. OL.D BUSINESS A. SPECIAL. STAFF REPORTS FINAL. COST CERTIFICATION - TRYCON ASSOC. (TOWNE SQUARE), J. Bartoe - City Engineer City Engineer Kelley reported that all documentation is in order %or close out 0% this proJect and recommended conditional approval %or acceptance 0% the maintenance bonds subJect to %inal review by the City Attorney. Commissioner Bateman moved to approve the Final Cost Certi%ication %or Trycon subJect to the %inal review by the City Manager and the City Attorney, Commissioner Johnson seconded, and the motion was approved unanimously. e STATUS REPORT - REHABIL.ITATION OF DRAINAGE STRUCTURE AT RUSSEL.L. AND WIL.L.OWCREEK City Engineer Kelley reported that a bid 0% $22,495.00 (%or thirty days) had been accepted and the proJect awarded to Georgetown Enterprises. The work should be completed in about ten days. Mr. Kelley said that inJection 0% grout had %illed substantial voids in the structure, and he anticipated the proJect moving ahead as scheduled. PRIMA VISTA UTIL.ITIES/CITIZEN COMPL.AINTS Mr. Kelley reported that City Sta%% met with representatives 0% the owners 0% Prima Vista Utilities to discuss areas 0% concern to the City and area residents. Though Prima Vista representatives do not agree with Sta%% that groundwater moves %rom the Utility toward Spring Lake Circle and Mims Road, they agreed to pay one-hal% the cost 0% a geo-technical study to establish with certainty the direction 0% groundwater %low. Total cost %or analysis work on the gradient, surveying, and writing 0% a brie% summary letter should not exceed $3,000.00. The study should require no more than ten days, but may need to be scheduled when the southern-most existing pond is up to normal operating level. City Manager Ryan strongly recommended participation in the study in order to provide technical in%ormation on which to base any action which might be necessary in the %uture. . Mr. Jerry Sims received notification that an Administrative Hearing concerning the Prima Vista Utilities expansion had 2 e Page 3 City Commiaaion Meeting November 4. 1986 been scheduled. Mr. Alan Cox, special legal counsel for the City, recommended that the City not proceed with their participation in the Administrative Hearing as there were no issues available on which the City could prevail, and the cost could be as much as S25,000.00. Mr. Sims would be free to proceed alone at no cost. City Manager Ryan explained that this Administrative Hearing would be concerned with Prima Vista expansion only, and an Enforcement Hearing, if it should be necessary, would be a more appropriate forum for current concerns such as unsightliness, mosquitoes and vermin, operation of ponds to eliminate hydrological problems, and monitoring of wells for effects of effluent from existing ponds. e Mr. Sims stated that he had been led to believe that the northern-most pond was not usable, and that he had a report from DER representative Ernie Brown stating that there had been no effluent into the south pond for a number of months and that the pond must be dried up by December. Mr. Sims gave the Commissioners and Staff two photocopies of portions of construction drawings on proposed Prima Vista wastewater expansion and one photocopy of a sketch fof the area prepared by Mr. Sims. UNOFFICIAL REPORT OF ELECTION RESULTS - City Clerk Mayor Ison requested a brief interruption for an report on election returns which had Just become City Clerk Catron presented the report as follows: unofficial available. Precinct #100 Precinct #99 Dabbs 707 529 Murnane 390 372 Bateman 781 598 McEver 294 288 Total 1236 762 1379 582 Mayor Ison congratulated Mr. Bateman and Mr. Dabbs on their apparent re-election, and asked Commissioner Johnson to notify Commissioner Dabbs of the preliminary results. RECESS: Mayor Ison requested recess at 8:10 P.M.. CALL TO ORDER: Mayor Ison called the meeting back to order at 8 : 29 P. M. . . PRIMA VISTA UTILITIES/CITIZENS COMPLAINTS (Continued) A three-way phone conversation will be scheduled in the City Manager's office on Friday morning involving the attorney for Prima Vista, the Hearing Officer for DER, and Mr. Jerry Sims to discuss whether or not to proceed with the Administrative Hearing. Mr. Sims reported that another house in the 400 3 e Pag_ 4 City Commia.ion M.eting November 4. 1986 foot buffer zone had been refused approval by FHA. Mayor Ison agreed it seemed inconsistent for FHA to approve financing in prior years, but refuse it now. He recommended that the newly elected U.S. Senator be approached about the FHA problem. Following further discussion, Commissioner Johnson moved to instruct Counsel Alan Cox not to proceed with the City's participation in the Administrative Hearing on the Prima Vista Utilities expansion issue at this time (this does not preclude Mr. Sims' participation>, Commissioner Hager seconded, and the motion was unanimously approved. Commissioner Bateman moved to approve the authorization of expenditure not to exceed S3,000.00 for a geo-technical study of the Prima Vista Utility area (the City's portion not too exceed S1500.00> by an engineer approved Jointly by Mr. Kelley and the engineer from Prima Vista Utilities. Commissioner Hager seconded, and the motion was approved unanimously. e Mayor Ison asked that those citizens in the area who are having housing mortgage problems document specifically the problems, and suggested a public meeting be held with homeowners in an area school concerning the FHA problem. City Manager Ryan also noted that Prima Vista officials agreed at the Monday meeting to hold a Public Hearing for the community if the Administrative Hearing on expansion was stopped. PIONEER KEY PARK II/M & M UTILITIES - DRAINAGE/SEWER PROBLEM Mayor Ison reported that he had received several complaints, again, about drainage and sewer operation problems in Pioneer Key Park II recently. He asked Water Superintendent Cockrell to explain the most recent problem. Mr. Cockrell reported that a resident had called the City on Friday with a sewer over-flow complaint, and appropriate calls had been made to M & M Utilities. M & M did not respond, and the Fire Department called Mr. Cockrell on Saturday. He checked into the problem, found the sewer was still overflowing at 100 gallons per minute, determined the overflow to be caused by a lift station malfunction, and made the necessary corrections. . As frequent breakdowns at the sewer plant have created a public health hazard, Mayor Ison requested the City Staff to come up with a plan of action in regards to M & M Utilities to present at the next Commission Meeting. Mayor Ison also directed that a certified letter be sent to Mike Minton, owner of M & M, requesting that he attend the next regular Commission Meeting. Acting Building Official Hurst reported that the owner of M & M had been requested to appear before 4 . Page ~ City Commi..ion Meeting November 4, 1986 the Code Enforcement Board on Monday, November 10th, for failure to mow the grass. Acting City Attorney Tom Lang recommended that the City cite the owner for violating health codes, and indicate that the City is mainly interested in protecting public health, not in owning the facility. Then, if necessary, the City should proceed to condemn it as a health hazard in order to put the facility back into a situation where it can be run in a safe and sanitary way. As a means of improving drainage for the area, Mayor Ison suggested that the City acquire sufficient property to construct a perimeter ditching system around Pioneer Key Park II. He asked City Engineer Kelley to report back with an estimate outlining the costs to solve the drainage/sewer problems in the Pioneer Key Park II area. Mayor Ison asked that all City Staff members of every old outstanding problem in the estimated costs and prioritization for each, by January 1, 1987. prepare a list City, including to be provided e B. OTHER BUSINESS There was no other business. COMMENTS FROM CITIZENS/PUBLIC Romeo Paquette and Bill Webb of Leslie Ann Lane appreciation for the Commissioners' concern and with the serious problems they are experiencing financing. expressed assistance with FHA NEW BUSINESS There was no new business. REPORTS AND INFORMATION - CITY MANAGER A. FOLLOW-UP AGENDA REPORT City Manager Ryan invited the Commissioners to review the retention ponds by Lakes Peach and Moxie and the newly constructed sidewalk on the east side of Lake Moxie. Mr. Ryan and Commissioner Johnson commended Buddy Elmore and his crew for greatly improving the safety and appearance of the neighborhood. Commissioner Hager suggested that retention ponds should be fenced to protect children in the area. . 5 e Pege 6 City Commi..ion Meeting November 4, 1986 CITY ATTORNEY Acting City Attorney Tom Lang said that he had commendations from many people highly complimenting Ryan's skills as City Manager and noting how much enJoyed working with him. heard Mr. they COMMENTS FROM COMMISSIONERS Mayor Ison announced the Ocoee Christmas Parade to be held on December 13th will be organized in conJunction with Winter Garden and co-sponsored by the Lion's Clubs of both cities. The Mayor requested approval of an expenditure of $1,129.00 for Ocoee's portion of the costs. Commissioner Bateman moved to approve the funding of $1,129.00 for the parade, Commissioner Johnson seconded, and motion carried unanimously. The parade will march in Winter Garden in the morning and in Ocoee in the afternoon. Commissioners are invited to ride in both parades. e Commissioner Bateman reported that the U.S. Commerce Department is sponsoring a three-day conference in Mexico next month to assist American manufacturing firms to relocate in Mexico to cut labor and production costs. The Commerce Department has invited 120,00 American firms. Commissioner Bateman said that "It really galls me that these people are spending taxpayers' money to create Jobs in Mexico.... when Ocoee and other Florida cities have been trying for years to attract "clean, good pay" industries. He asked the Commission for approval to send telegrams to President Reagan.. U.S. Department of Commerce Secretary Malcolm Baldridge.. U.S. Representative Bill McCollum.. and U.S. Representative Bill Nelson requesting cancellation of the conference and declaring that we do not support the expenditure of public funds to encourage reduction of Jobs available to American workers. All Commissioners approved the request. Commissioner Johnson commented that he was thankful opportunity to serve with the other Commissioners.. already learned much from Commissioners Hager and He asked the City Staff to check on unsightly signs intersection of Silver Star and Bluford. for the and had Bateman. at the Commissioner Hager congratulated Commissioners Bateman, Dabbs, and Johnson on their re-election. He noted the need for good Jobs to be available here so citizens won't have to travel to Orlando. He requested that the Street Department mow the waist-high grass on Lee Street. e 6 e Page 7 City Commi..ion Meeting November 4~ 1986 Mayor Ison echoed congratulations to Commissioners Bateman. Dabbs. and Johnson upon their re-election. The meeting adJourned at 9:45 P.M.. _ ~ftl_~_____ ""'---J;iayor Ison ------bt~--~--- Deputy Clerk Green . . 7 ~ CITY COMMISSION CANVASSING BOARD MEETING NOVEMBER 5, 1986 - The Canvassing Board was called to order at 6:00 p.m. May(n~ I SC'I'"I. by PRESENT: Mayor Ison, Commissioners Johnson, Bateman, and Hager, City Manager Ryan and City Clerk Catron. ABSENT: fami ly. Commissioner Dabbs was absent due to a death in the Mayor Ison explained that this meeting was postponed until this time due the lack of a quorum at 12:00 noon. There were 71 absentee ballots received by the Supervisor of Elections office, one was not valid as it did not have a signature as required by law. The 70 valid ballots were then opened and inspected by the board. There were 4 invalid ballots as they wet~e I'"IC.t pt~c.pet~ly sealed, leavil'"lg a tc,tal c.f 66 valid ballots to be counted. The count was as follows: Seat 2 - Dabbs - 35; Murnane - 30 and 1 no vote; Seat 3 Bateman- 41; McEvers - 22 and 3 no votes. The final tabulations counting the machine votes and the absentees were as follows: SEAT 2 MACHINE ABSENTEE TOTAL Dabbs 1237 35 1272 Mut~l'"lane 762 30 792 -- SEAT 3 Bateman 1380 41 1421 McEvet~s 582 22 604 The Canvassing Board certified the results and declared Dabbs and Bateman the winners and Johnson elected by virtue of no oppostion. Mayor Ison then swore in Commissioners Johnson and Bateman. He then appointed Commissioner Hager to fill in for him in case he would be out of town and a meeting would I'"leed to be held. Meeting adjourned at 6:30 P.M.. _~ll__~ MAYOR CITY CLERK . 1 OFFICE MACHINE VOTE ABSENTEE TOTAL MAYOR - CANDIDATES COMMISSION SEAT /1.2.. CAND IDATES '0 '" {. ~~vJ /:<~1 35 I;? 7~ ?Jj rvv ~ A )1t-A.U,/,Af U-t- ? to e:2 36 7a;~ J t 1/ 'Jet -# A41I fJI / ^ A, A")f ~U- :3 ( ~,U_ ,6~ /3/0 4/ / l/ ~ / t! 72 ; .~ r/ '7Jt f2-~ 5'cf;2. ;l~ bD'I- , CumALlh<~'J~ )1 . -/}/;y- S; I/f~ "7) . II CERTIFICATE OF RESULTS CITY OF OCOEE ::ff f'ej.,t- 0#; iHJ ~~ - , - ~ ELECTION: /1 - t../ - pro THOMAS R. ISON TELEPHONE 656-2322 MAYOR' COMMISSIONER e CITY OF OCOEE 150 N. LAKESHORE DRIVE OCOEE, FLORIDA 32761 COMMISSIONERS RUSTY JOHNSON LESTER DABBS, JR. JOHN BATEMAN VARD J. HAGER OATH OF OFFICE I, , do solemnly swear (or affirm) John Bateman that I will support, protect and defend the Constitution and Government of the United States and the State of Florida e against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same, that I am entitled to hold office under the Constitution; that I will faithfully perform all duties of Commissioner of Seat #3 of the City of Ocoee, Florida, on which I am about to enter so help me God. ~/~~~j./ tJI John Bateman Sworn to and subscribed before me this 5th day of November, 1986 ~~ Helen Catron, City Clerk - "CENTER OF GOOD LIVING - THE PRIDE OF WEST ORANGE" TEDDY C. RYAN, JR. CITY MANAGER ORANGE COUNTY THOMAS R. ISON TELEPHONE 656-2322 TEDDY C. RYAN, JR. MAYOR' COMMISSIONER cln MANAGER Ie CITY OF OCOEE COMMISSIONERS 150 N_ LAKESHORE DRIVE OCOEE, FLORIDA 32761 RUSTY JOHNSON LESTER DABBS, JR. JOHN BATEMAN VARD J. HAGER ORANGE COUNTY OATH OF OFFICE I, Rusty Johnson , do solemnly swear (or affirm) e that I will support, protect and defend the Constitution and Government of the United States and the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty, and allegiance to the same, that I am entitled to hold office under the Constitution; that I will faithfully perform all the duties of Commissioner of Seat #1 of the City of Ocoee, the office on which I am about to enter so help me God. ~~ Sworn to and subscribed before me this 5th day of November, 1986, ~ 0riht/ Helen Catron, City Clerk - "CENTER OF GOOD LIVING - THE PRIDE OF WEST ORANGE" THOMAS R. ISON TELEPHONE 656-2322 TEDDY C. RYAN, JR. MAYOR' COMMISSIONER CITY MANAGER e CITY OF OCOEE COMMISSIONERS 150 N. LAKESHORE DRIVE acOEE, FLORIDA 32761 RUSTY JOHNSON LESTER DABBS, JR. JOHN BATEMAN VARD J. HAGER ORANGE COUNTY OATH OF OFFICE I, Lester Dabbs, Jr. , do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States and the State of Florida e against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to same, that I am entitled to hold office under the Constitution; that I will faithfully perform all duties of Commissioner of Seat #2 of the City of Ocoee, on which I am about to enter so help me God. S'ilc.rn to and subscribed before me this L~ day of7~ ' 1986. LJ~ Helen Catron, City Clerk . "CENTER OF GOOD LIVING - THE PRIDE OF WEST ORANGE"