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HomeMy WebLinkAbout12-01-87 . MINUTES OF THE CITY COMMISSION MEETING HELD ON 1987 DECEMBER 1, Mayor Ison called the meeting to order Commissioner Hager led in prayer and Mayor pledge of allegiance to the flag. at 7:45 p.m. Ison led the PRESENT: Mayor Ison; Commissioners Johnson, Dabbs, Bateman, and Hager; City Manager Ryan; City Attorney Barnby; City Clerk Catron; City Planner Wagner; Water Department Supervisor Cockrell; and City Engineer Kelley. A8SENT: None PRESENTATIONS AND PROCLAMATIONS Mayor Ison presented the Grandmother's Club with a plaque for the group's special contribution to the Bicentennial Celebration. The Commission also had a plaque for Elizabeth Ervine for her role as head of the Bicentennial Celebration Committee but Ms. Ervine was not in attendance. CONSENT AGENDA - Commissioner Dabbs moved to approve the items on the Consent Agenda, Commissioner Bateman seconded, and approval was unanimous. Items approved were as follows: A - Regular Commission Meeting Minutes of 11-17-87; B - Workshop Commission Meeting Minutes of 11-17-87; and C - Special Session Commission Meeting Minutes of 11-16-87. OLD BUSINESS Special St.aff Report.s Cit.y Engineer - Tom Kelley Bowness Road - Stat.us Report City Engineer Kelley said he had received the agreements from City Attorney Barnby regarding Tiger Paw, Inc. and drainage issues. Mr. Kelley said he met with Jerry Brown of Tiger Paw, Inc. and Staff was in the process of completing transactions for acquisition of the land. Mayor Ison asked City Engineer Kelley when he planned on starting the bidding process. Mr. Kelley said they would start as soon as the deeds from the property owners were in the City's possession. City Attorney Barnby said it was impossible to say when the bidding would start because it depended on how the property owners reacted. e Resolut.ion 87-15, Railroad Crossing on 80wness Road - Stat.ua Report. City Engineer Kelley said the Resolution was necessary to complete the information needed to send to the Department of Transportation (DOT). The Resolution needed to be forwarded to the DOT at the same time as the application. The Resolution basically was saying that the City would agree to 1 - Page 2 City Commission Meeting December 1, 1987 pay for the surfacing costs and signalization of the railroad area. Mayor Ison asked City Attorney Barnby if she had reviewed the Resolution. Attorney Barnby added a sentence to paragraph four of the Resolution for clarification. City Manager Ryan reminded the Commission that they had passed similar Resolutions in the past and that the Railroad had the upper hand in these types of situations. City Engineer Kelley said it was a routine agreement and the City had had several of these in the past. Mr. Kelley said if the Commission voted to approve the Resolution, he would go ahead and forward it with the application to the DOT. Mayor Ison asked Dave Outlaw, Wescar~ Inc. to comment on the Resolution since he had dealt with the Railroad several times in the past. Mr. Outlaw said the Railroad would not proceed with anything until the agreement was signed and that the agreement was really something of a negotiating statement. He stated that the process was quite lengthy. Commissioner Bateman moved to approve revised Resolution B7-15~ Commissioner Hager seconded, and approval was unanimous. e Droinage Improvement.. City Engineer Kelley said the Commission had received a preliminary report on the proposed drainage improvements for the Bluford and Kissimmee Avenue area that outlined two alternatives. Mr. Kelley said he wanted to detail the alternatives further for the Commission so he could get some idea of how the Commission wanted to deal with the drainage situation. City Engineer said the ditch areas would be acquired by the City either by easement or quick take. City Manager Ryan asked if the drainage improvement costs for this proJect could be included in the Bowness Road bond issue. Mr. Kelley said the issue would have to be studied by the City Attorney to see if it could be tied into the proJect or not. Alternative One considered making improvements to the existing ditch systems within the drainage basin. In addition to the ditch improvements, miscellaneous piping would be required to properly convey the storm water runoff. The estimated cost for Alternative One was approximately $29B~000~ which included an allowance of $75,000 for acquiring the railroad right-of-way. Also~ it was estimated that the total proJect costs for installation of a closed drainage system along Bluford Avenue to handle the stormwater only along Bluford Avenue would be approximately $200~000. e 2 e Page 3 City Commission Meeting December 1, 1987 Alternative Two considered converting the existing ditch system along Kissimmee Avenue and Geneva Street to a closed drainage system which would not require acquisition ox the railroad right-ox-way, as the improvements could be implemented within the existing road right-ox-way. This alternative also provided a closed drainage system along Bluxord. The estimated cost for Alternative Two improvements was $795,000. Commissioner Bateman said he prexerred Alternative Two and liked the idea ox closed ditches as opposed to open ditches. He said his concern was that there were already too many open ditches xor the City to maintain. Mayor Ison asked City Engineer Kelley which alternative he prexerred. Mr. Kelley said he preferred Alternative One but that it was not critical xor the Commission to come up with a decision tonight. He asked the Commission to review the alternatives and that he would approach the Commission when he got the results ox the Appraiser hired by the City. e City Planner - Ru.. Wagner Silver Glen (U.S. Home.) Development Plan Discu..ion/Approval City Planner Wagner said the Commission Workshop Session earlier in the evening, would work to incorporate the suggestions presented and progress was being made. Revision. had conducted a that the Developer that the Commission Development. Agreement.s - Workshop Session Discussion City Planner Wagner said that there had already been one public hearing on the Development Agreements in November and that the second public hearing was scheduled xor the Commission Meeting on December 15. City Planner Wagner said there had been some legal language additions made to the agreements by City Attorney Barnby and that the Mayor and Commissioners would each be receiving a copy of the updated documents tomorrow. Mr. Wagner asked the Commission to set a date xor a Workshop Session to discuss any xurther changes to the documents before December 15 when they would need to vote on them. A Workshop Session was set for Thursday, December 10, at 6:30 p.m. in the City Hall conxerence room. e Development. Agreement.s for 1988 - Di.cu.sion of Scheduling Proce.s City Planner Wagner said the City needed to establish a timetable and procedure for the 1988 Plan Amendment Schedule. Mayor Ison said the Commission would discuss this 3 e Page 4 City Commission Meeting December 1, 1987 in the Workshop Session on December 10. e Ot.her Buaine.a Cont.inuat.ion of Discuaeion/Direction Regarding Operat.ion of Sewer Facilit.y City Manager Ryan said the Stazz was looking zor direction on operation oz the sewer facility. Mr. Ryan said the closing date was set for Monday, December 14, and that the City was scheduled to ofzicially begin operations of the facility on Tuesday, December 15. In anticipation of the takeover, City Manager Ryan met with present Prima Vista employees to discuss the transition period. City Manager Ryan said the City had zour options regarding operations of the facilities: 1 - Hire existing employees for the time being and continue operations as usual under new management. 2 - Hire all new staff to operate the system. 3 - Contract out the operations to a third party zor a zee. 4 - Do nothing. Mr. Ryan said number four was not really an option since it was necessary to come to a decision zor operations to continue. City Manager Ryan said it was necessary to wait until now to start thinking about the operations of the facility because the way the negotiations had gone. The City couldn't possibly have told new employees when they would be required to start and the hiring process, iz that was the preferred option, would not have been possible before a date was set for closing. For the same reason, the option of contracting out would have been difficult too. City Manager Ryan said the most feasible option in his opinion would be to continue operations with present staff until a certain time period. Mayor Ison asked if the City was prepared for the billing schedule. City Manager Ryan said the staff would continue to bill the sewer customers a month in advance and would therefore need to have its first billing on January 1. City Manager Ryan asked if an emergency ordinance was needed in order to allow the City to bill for sewer usage. City Attorney Barnby said she would look into it and would have an ordinance prepared to be read on December 10 iz it was necessary. City Manager Ryan said the City would continue to charge a flat rate until Special Financial Consultant Stanley Cohen had completed his study of variable zlow rates which was anticipated to take about six months to complete. City Manager Ryan also said the Staff would need operating funds before the City acquired the money from the takeover. e Commissioner Bateman said he would like to see the City handle the sewer system without contracting out for services. He said he agreed that the City should hire the existing 4 . Page 5 City Commission Meeting December 1, 1987 e employees for a probationary period and to review them during that time as the City currently does for its employees. Commissioner Dabbs and Commissioner Johnson said they had already made their comments individually to the City Manager. Commissioner Hager said he agreed with the comments made by Commissioner Bateman. Commissioner Johnson asked if City Manager Ryan had the personnel files on the current Prima Vista employees and if he had reviewed them. City Manager Ryan said he had not yet received them. Mayor Ison told the City Manager to let the employees know that they would be automatically put on the City's payroll beginning December 15 and that they would be on a three month probationary term Just as any City employee went through when hired. Mayor Ison also directed City Manager Ryan to review their records so that in three months, he would be able to make a decision as to whether or not to permanently hire each employee. City Manager Ryan wanted to point out that he was recommending to keep all present operators of the system but that the City would not need the billing personnel presently under hire by Prima Vista, nor the consultant that was used by the company. Mr. Ryan indicated that the person who now did the billing was available to help until the City had all of the new accounts on its system. Commissioner Dabbs asked City Manager Ryan if the three month probationary term would give him sufficient time to recruit new personnel if necessary. City Manager Ryan said if it was not sufficient time~ the City had the option of extending the probationary period. The direction from the Commission was to place the personnel/operations issue under the advisory of the City Manager. COMMENTS FROM CITIZENS/PU8LIC R.P. Mohnacky~ 1820 Prairie Lake Boulevard, wanted to call attention to the Commission of an article he had read in the paper regarding recycling. Mr. Mohnacky said the response to recycling had been overwhelming in Orlando and that the Sanitation Department had collected in one week what it had expected to collect in one month. Mr. Mohnacky also wanted to ask that the Development Agreements be made more easily understandable and easier to follow. His last comment was on the drainage problems on some of the State highways. Mayor Ison directed Mr. Mohnacky to contact the DOT in Deland to let them know of any problem areas to follow up on. There were no other citizen comments. e 5 e Page E, City Commission Meeting December 1, 1987 RECESS: 9:40 p.m. CALL TO ORDER: 10 p.m. NEW BUSINESS Appoint.ment to Code Enforcement. Board to fill unexpired term of Phyllis Olmst.ead Commissioner Johnson moved to appoint James Skirvin, 1215 Willow Creek, a postal worker who had approached Commissioner Johnson in the past on his interests in being involved with code enforcement within the City, Commissioner Bateman seconded, and approval was unanimous. Appointment.. t.o Chart.er Revision Committ.ee Commissioner Bateman said he had already made his nomination of Harold Switzer. Commissioner Hager submitted the name of Bruce Beatty if he would accept. The other Commissioners said they were still talking with people and they would have their nominations by the December 15 Commission Meeting. e Resolution for Ocoee Cemet.ery Advisory Committ.e. Commissioner Johnson moved to approve Resolution 87-18 to establish a five-member Cemetery Advisory Committee, Commissioner Hager seconded, and approval was unanimous. Approval of Int.erlocal Mut.ual Aid Agreement., Fire Protect.ion and Rescue between Apopka and Ocoee Commissioner Bateman moved to approve the agreement to share fire protection services between the two Cities, Commissioner Johnson seconded, and approval was unanimous. Discussion/Act.ion on proposed "Florida Bott.le 8ill" Commissioner Bateman said he strongly supported the bill. Commissioner Hager said he did as well. Mayor Ison requested the City Clerk draft a City Resolution in support of the bill and put it on the December 15 agenda, and send a thank you letter to whomever sent the material on the bottle bill legislation. REPORTS AND INFORMATION - CITY MANAGER e City Manager Ryan discussed the Follow-up Agenda. Commissioner Dabbs asked City Manager Ryan what the status was on performance based obJectives for the City Manager's contract and Mr. Ryan said that the proposal was forthcoming from the City Attorney and that the hold up had occurred because of the Prima Vista acquisition. E, . Page 7 City Commission Meeting December 1, 1987 e City Manager Ryan discussed Item 14 on the Follow-up Agenda. the City wide Master Transportation Plan Development. and said the Commission had received some information from City Engineer Kelley regarding his proposal for engineering services for a Transportation Circulation Study and development of Road Implact Fees. Mr. Kelley said his firm estimated it would take eight to 12 months to complete the study at a cost of $24.700. City Manager Ryan said if a request for proposals was sent out. bids would probably be in the range of $50,000 or more. Mayor Ison asked if it was mandatory to have a bidding process. City Manager Ryan said no because City Engineer Kelley was considered to be part of the City Staff. City Manager Ryan said there were pros and cons to both ways. Mr. Ryan said that by bidding out. the City would be able to get a firm which specialized in transportation but that going through the bid process would also cost the City more money and time. Mayor Ison directed City Staff to make sure that the impact fee language was added to future Development Agreements to cover the cost of this transportation study. Mayor Ison directed Attorney Barnby to prepare the necessary documents to be able to have the first reading on the Transportation Impact Fee Ordinance by the December 15 Commission Meeting. All of the Commissioners approved contracting the Job with the City Engineer to save money and time, since the firm does have a transportation specialist. CITY ATTORNEY City Attorney Barnby had no further comments. COMMENTS FROM COMMISSIONERS Mayor Ison said a one page amendment would be added to the Prima Vista Utilities Purchase and Sale Agreement to incorporate the changes. Mayor Ison said he wanted to advise the Commission before signing the papers. e Mayor Ison reminded the Commissioners of several upcoming events: the Grand Opening of the Orange Tree Cinema on Wednesday. December 2; the West Orange Chamber of Commerce Legislative Reception on Thursday, December 3; and the Expressway Authority Meeting on December 16. Mayor Ison also told the Commissioners that he met with Commissioner Marston on the issue of the Board appointments. He said there were about 18 Boards and that the Commissioners may want to individually approach him if they were interested. 7 . Page 8 City Commission Meeting December 1, 1987 Commissioner Dabbs said he was enJoying being part of the Florida League of Cities Governmental Relations Committee and that he would report to the Mayor and Commissioners more after the Committee's next meeting in January. Commissioner Dabbs also expressed interest in attending a University of Central Florida conference and wondered if any of the other Commissioners were planning on attending. e Commissioner Johnson said he had recently visited the State of Texas and admired a program the State had for beautification of its State highways. He said there were signs along these highways indicating that certain portions of the roadways were maintained by certain civic organizations. He said he would look into this program further and see if there would be any interest in starting up a smaller version of it in Ocoee. Commissioner Johnson also reminded the Commission that they would need to meet soon after the New Year to discuss their 1988 goals and obJectives. He told City Manager Ryan to include this item on the next meeting's agenda so that they could set a date for a meeting sometime in January. Commissioner Johnson also wanted to thank Buddy Elmore, Street Department Supervisor, and his department for their efficient work on getting the reflective signs up that he had requested. He said he had already received favorable comments from some citizens who noticed the signs. Commissioner Bateman wanted to remind the Commissioners of the West Orange Chamber of Commerce annual planning session/dinner at the Colony Plaza on Tuesday, December 8, at 7 p.m. Mayor Ison wanted to make one more comment to City Manager Ryan to remind Chief John Boyd that there should be a representative of the Police Department at all Commission Meetings. ADJOURNMENT: 10:50 p.m. __;dL_~_L_______ MAYOR ATTEST: e CITY CLERK 8