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HomeMy WebLinkAbout04-21-87 MINUTES OF THE CITY COMMISSION MEETING HELD APRIL 21, 1987 - Mayor lson called the meeting to order at 7:40 p.m. and led in prayer and pledge of allegiance to the flag. PRESENT: Mayor lson, Commissioners Johnson, Dabbs<arrived at 9:05 p.m.), Bateman, Hager, City Attorney Kruppenbacher, City Engineer Kelley, City Planner Wagner, Public Works Director Occhiuzzo, City Clerk Catron, Building Official Hurst, Water Superintendent Cockrell and Deputy Clerk Green. ABSENT: None PRESENTATIONS AND PROCLAMATIONS ACKNOWLEDGMENT AND COMMENDATION OF COMMUNITY SERVICE Doris Slimick Mayor lson presented Mrs. Doris Slimick, 408 E. Lakeshore Drive, Ocoee, with a framed letter and City of Ocoee watch in recognition of her service to the community by being a foster parent to 57 newborn "special" children. He read the letter and asked that she accept the gratitude and admiration of the Mayor and Commissioners. She has been married to husband Tom for 36 years and they have 3 sons and 1 daughter. Mayor lson then presented Mr. Tom Slimick with a City of Ocoee hat. e RECESS: 7:47 p.m. CALL TO ORDER: 7:55 APPROVALS Commissioner Bateman moved to approve items A - Minutes of the Regular Commission Meeting of 4-7-87 and B - Minutes of the Special Session Commission Meeting of 3-30-87, Commissioner Johnson seconded and the motion carried unanimously. OLD BUSINESS Special Staff Reports - City Engineer Acceptance of Public Improve.ents Hidden Oake Subdivision C. Snider City Engineer Kelley stated that the staff recommended approval and everything was in order except for a few final punch list items. Commissioner Hager moved to approve the acceptance of the public improvements of Hidden Oaks Subdivision, Commissioner Bateman seconded and the motion carried unanimously. e Acceptance of Public IMprovementa Harbour Highlands II Subdiviaion - A. 3ulian City Engineer Kelley reported that the staff recommended approval and everything was in order except for small punch 1 e Page 2 City Commission Meeting April 21, 1987 list items. City Manager Ryan stated that there were some minor items to be added but the bond was in place and he recommended approval. Commissioner Bateman moved to approve the acceptance of the public improvements for Harbour Highlands II, Commissioner Johnson seconded and the motion carried unanimously. Mayor Ison expressed his appreciation to Mr. Snider for his donation of materials for the football field concession stand and to Mr. Julian for the dirt he had donated to the City. Status Report - Tom Kelley City Engineer Kelley reported that 1- the bids had been opened for the flouridation and they are still dealing with the two low bidders as the bid came in over what was anticipated due to the 3 on site enclosures; 2- the ditch cleaning was going smoothly; 3 - the water line extension on Bluford was almost complete and 4 - they were working on the retention areas on Moxie/Peach Lakes. SECOND READINGS AND PUBLIC HEARINGS e Ordinance *963. Amending Appendix A, P " Z Co... Alternates City Manager Ryan read the proposed ordinance by title only and explained that this allowed an unlimited number of alternates. Mayor Ison opened the Public Hearing and there being no comments closed the Public Hearing. Commissioner Johnson moved to approve Ordinance 963, Commissisoner Hager seconded and the motion carried unanimously. COMMENTS FROM CITIZENS/PUBLIC None NEW BUSINESS Proposal for "temporary" trailer on residential lot - Mrs. Hardy . City Manager Ryan explained that Building Official Hurst submitted a staff report and recommended approval of the use for the temporary trailer for the parents of Mrs. Hardy for their lifetime and then the trailer would be removed. This had been done in past years in order accomodate the residents that cannot afford new housing but their existing structure was not livable. Mr. Ryan asked that staff be allowed to handle this particular request administratively and then come back with an ordinance to handle future requests. This would be similar to the ordinance we use for security trailers as these are reviewed annually. Commissioner Hager stated that this had been a policy in the past and had worked well; therefore, he moved to approve the request with the 2 e Pege 3 City Commission Meeting April 21~ 1987 understanding it would be on an annual Johnson seconded and the motion carried basis, Commissioner unanimously. Appointment of 2 full time membera to the Code Enforcement Board - term. will expire in Jenuery 1990 Commissioner Johnson moved to appoint Kathlyn Shidel, Withers Court, Ocoee to the Code En%orcement Board %or term until January 1990, Commissioner Bateman seconded the motion carried unanimously. The other vacancy will the agenda %or the 5-5-87 meeting, under old business. 507 the and be on Discuasion/ection, if nece.sary~ on moving G. Thomas Home to John Vignett.i Park e Only one written proposal 0% S9,200.00 had been submitted for the moving 0% the house. Commissioner Bateman questioned the wording in the proposal of "continuous perimeter foundation with piers underneath". It was explained that this was a slab/foundation. Public Works Director Occhiuzzo stated that this was the way we asked the bid to be submitted and recommended approval 0% the bid. Commissioner Johnson moved to approve the S9,200.00 bid, Commissioner Hager seconded and the motion carried unanimously. Mayor Ison asked that City Manager Ryan and sta%% come up with a site selection and reexamine how to use the structure and bring back this item to the Commission. Discussion/Action on Agreement with Rachlin & Cohen for Profe.sionel Servic.s - Mayor Ison Mayor Ison asked the Commission to give approval of the proposed agreement with Rachlin & Cohen, a Florida professional service corporation with expertise in evaluation and analysis regarding the value of sewer utilities. Drew Thomas explained that Mr. Cohen was an expert economist and recommended approval of the agreement. Commissioner Bateman had a few questions on the agreement. One of the questions was on the fee that would be charged, another was on page 2, paragraph E, the re%erence to Paragraph 2, Subparagraphs A, B and C. During further discussion, it was learned that page 3 was missing from the agreement; therefore, a recess was called so everyone could have a copy of page 3 which established the fees that would be charged. RECESS: 8:25 p.m. CALL TO ORDER: 8:55 p.m. e Page 3, which contained the fees that would be charged, supplied to everyone. A $5,000.00 advance which would the minimum sum due and a S200.00 per hour %ee would was be be 3 e Page 4 City Commission Meeting April 21~ 1987 charged. The other question on Page 2~ paragraph E - there was a typographical error and should read Paragraph 1~ Subparagraphs A~ B & C. Commissioner Bateman stated that this answered his questions and moved to approve the agreement~ Commissioner Hager seconded and the motion carried unanimously. Discussion/action regarding litigation from Prima Utilitie. - Meyor I.on Vista e City Attorney Kruppenbacher read a resolution regarding the Prima Vista lawsuit which authorized the expenditure of up to S30~000.00. Attorney Drew Thomas, special attorney for the Prima Vista litigation~ explained the lawsuit to the Commission. There were three groups being sued - one group was the City of Ocoee~ Mayor and Commissioners~ City Engineer and City Manager in their official capacity; the second group was each of them individually in their personal capacity; and the third group was the former Commissioners and City Manager that had served. NOTE: Co..i.sioner Oabbs arrived at g:OS p.m. Mr. Thomas stated that he had been hired as the attorney to serve the City~ the Commissioners~ City Engineer and City Manager in both their official and personal capacity. He asked that when they were served notice of the lawsuit to please note the date and time and let the City Manager know as they would have 20 days to respond. Mr. Thomas said he would be contacting our insurance carriers and find out if they would admit or deny coverage. Mr. Thomas stated that by passing the Resolution that was read by Mr. Kruppenbacher, it will provide an attorney to represent them. According to Mr. Thomas~ the lawsuit in essence states that on 4-21-81 the City entered into an agreement and on various occasions had failed to live up to that agreement (breach of contract>, it was done without reasonable cause and taken away Prima Vista's ability to do business. He cautioned them to be sensitive to violations of the Sunshine Law, to say nothing regarding the lawsuit and confine their comments to the court room. He also stated they could hire their own attorney if they desired to do so. Commissioner Bateman moved to approve the Resolution, Commissioner Hager seconded and the motion carried unanimously. Discussion/action regarding Prima Vista's application to am.nd its PSC certificated area - Mayor Ison Mayor Ison explained that this was for information only and will be referred to the City Manager for any further action if needed. e 4 e Page 5 Ci~y Co..issJ.on Mee~ing April 21, 1987 REPORTS AND INFORMATION - CITY MANAGER Follow-up Agend8 - All items had been addressed or are in the process 0% being done. Weat Orange Chamber of Commerce - The City had received a copy of a letter that President 30hn Cope of the West Orange Chamber of Commerce had sent to Chairman Lou Treadway 0% the Orange County Commission in which he requested the County pave that portion of Cemetery Road that the West Orange High School students use and is so dangerous. City Manager Ryan asked the approval 0% the City Commission to send a letter to Orange County in support of John Cope's request. The Commission gave their approval for the letter to be sent. Budget Summary - A budget summary Commission showing the cash position as Commission would like, they can have review at the next meeting. was given to the of 3-31-87 and if the the mid year budget e Appointment of Police Chief - City Manager Ryan reported that he had appointed Captain John Boyd to the position of Police Chief. Annex8tion Schedule - City Manager Ryan asked that the revised annexation schedule be given prelimary approval for the 5/22/87 date and we would agenda the annexation schedule at the 5/5/87 meeting. Resolution *87-05 - City Manager Ryan explained that this was a standard resolution dealing with railroad crossings and this was in reference to the Wescar property Just recently annexed and recommended adoption. Commissioner Hager moved to approve the resolution, Commissioner Dabbs seconded and the motion carried unanimously. Continuous Footing - City Manager Ryan asked for approval to bid and construct the footing for the house that was to be moved to Vignetti Park, not to exceed S5,OOO.OO. Commissioner Johnson moved to approve, Commissioner Bateman seconded and the motion carried unanimously. CITY ATTORNEY Frank Courtney/Robert'. Riae - A lawsuit had been filed by Robin Courtney and Attorney Kruppenbacher stated that he hoped to bring back a resolution by the next meeting. . Ron there Stucki/Drainage - Attorney Kruppenbacher explained that were multiplicity of issues involved and he hoped to 5 e Page 6 Cit.y Commi.sion Meeting April 21, 1987 bring back a %inal proposed agreement/final statement by the next meeting. Mayor lson stated that they would hold a workshop if it was needed. Orlando ChaMber of Commerce - Mr. Kruppenbacher stated that as President of the Orlando Chamber 0% Commerce he wanted the Commission to know that the Chamber did not support consolidation of governments as was printed in some 0% their brochures. COMMENTS FROM COMMISSIONERS Commissioner Johnson recommended and moved that Timothy Shidel, 507 Withers Court, Ocoee, be appointed as a member of the Recreation Board, seconded by Commissioner Bateman and approved unanimously. Commissioner Johnson stated that he was glad to see the people in Forest Oaks get involved in the Community. Mayor lson explained that the East/West Expressway Regulatory Authority that had been proposed by Rep. Crotty had not passed but they should watch during July to see what the Legislature might do. e Commissioner Hager thanked the City for getting the house on Lee Street torn down and moved. Commissioner Bateman reported that he had spoke with Betty Carter, Supervisor 0% Elections for Orange County, reference recertifying the Kiwanis Club members so they can set up a special registration drive in Forest Oaks. She is trying to line up one of the model homes. Mayor lson said that he had been contacted by a reporter from the Sentinel reference increasing voter registration/awareness and he had referred her to Commissioner Bateman. Commissioner Bateman stated that we needed to schedule on an Agenda in May, a package of health insurance coverage for employees and dependants and employee bene%its in total. He also stated that we needed to amend the Pension Plan as we had two people that do not meet the 25 year requirement. Mayor lson asked i% we could change the way vehicle use is allocated to the employee and City Manager Ryan stated that the interpretation %ormerly used was not his interpretation of how the government allowed the use without it being income. Commis.ioner Dabbs - no comments . Mayor Ison expressed his gratitude to the Fire Chief/Department for the good Job they did at the Maguire/Withers Home. Betty Ervine had kicked of% the Constitutional Celebration. On a recent visit to Tallahassee, he found that the Florida League of Cities had a 6 - Page 7 City Commission Meeting April 21.. 1987 program for researching occupational licenses and collecting fees we may be missing. This would be at no cost to us. An agreement will have to be signed. Commissioner Johnson moved to direct staff to enter into an agreement, Commissioner Dabbs seconded and the motion carried unanimously. Mayor Ison also stated that the Florida League of Cities is ready to expand their services by opening an office in Orlando. ADJOURNMENT Meeting adJourned at 9:50 p.m.. _~!L/lj1~L_- MAYOR ATTEST: e _!Y1 /)), ; ~~, j_Ji!~___ C'I~L&~) e 7