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HomeMy WebLinkAbout02-02-88 MINUTES OF THE CITY COMMISSION MEETING HELD FEBRUARY 2, 1988 - The meeting was called to order at 7:30 p.m. by Mayor Ison and Commissioner Hager led in prayer and pledge allegiance to the flag. PRESENT: Mayor Ison, Commissioners Johnson, Dabbs and Hager, City Attorney Rosenthal, City Engineer Kelley, City Manager Ryan, City Planner Wagner and City Clerk Catron. ABSENT: family. Commissioner Bateman due to an illness in the PRESENTATIONS AND PROCLAMATIONS Mayor Ison announced that he had John Linebarier's watch and since he was not here, he would bring to the next meeting. He also reported that Mr. Bowness would soon be celebrating his 75th birthday and wished him well. APPROVALS CONSENT AGENDA - Commissioner Hager moved to approve the items on the consent agenda - items A through F, Commissioner Dabbs seconded and the motion carried unanimously. City Manager Ryan read proposed annexation ordinances for R. Terry and J. Ferdinand and Resolution 88-03, Vacation of Plat by title only. The items approved were as follows: A - Regular Commission Meeting Minutes of 1-05-88, B - Regular Commission Meeting Minutes of 1-19-88, C - Workshop Commission Meeting Minutes of 1-04-88, D - Proposed Ord., Annexation R. Terry, Case 01A-88, E - Proposed Ord., J. Ferdinand, Case 02A-88, and F - Resolution 88-03, Vacation of Plat. OLD BUSINESS Special Staff Report - City Engineer_ Tom Kelley Bowness Road Status Report Engineer Kelley reported that he had met with the owners of the maJor tract, Tiger Paw, and their engineer. There were two maJor concerns that came from the meeting. Mr. Kelley said that the drainage was one concern and the other concern he felt was more wants and desires. He had all the permits in hand and as soon as the right-of-way was obtained, he was ready to prepare bids and build the proJect. He reported that the surveys were to be completed within the next two weeks. e Mayor Ison asked what timeframe they were looking at whether they acquired or had to condemn. Attorney Rosenthal stated that the letters had been sent out to the property owners and even if there were agreements, it would take some time to get all the paperwork necessary. They needed to have the appraisals and surveys in hand in order to proceed. The 1 . Page 3 City Commission Meeting February 02_ 1988 Starke Lake Outfall Maintenanoe As requested by the Commission, City Manager Ryan had researched the idea of the city taking over the water level maintenance structure between Starke Lake and Lake Olympia. He asked for permission to submit a request to Orange County asking for the permits and authorization for the maintenance of the outfall structure. Attorney Resenthal stated that a Resolution was necessary and asked that while one was being drafted that we continue on with the meeting. Appointment to the Cemetery Advisory Board - Comm. Johnson Commissioner Johnson submitted the name of Sharon Levins, 610 Gallego, Ocoee for appointment to the board. This completed the members needed for the board. COMMENTS FROM CITIZENS/PUBLIC Discussion/Request for amendment to Fenoe Ordinanoe Messina This item was requested to be deleted from agenda. - P. the e NEW BUSINESS Request Approval for purohase of 2 Sanitation Trucks D. D.es Sanitation Supervisor Darrel Dees asked the Commission to approve the purchase of two new trucks (with packers) in order to upgrade the present equipment. The 2 vehicles proposed for purchase were: A 1988 Ford CT800 Chassis at a cost of S64,500 or Sl,350.00 per month for a 60 month lease/purchase and a 1988 Ford C8000 Chassis at a cost of 50,800 or Sl,100.00 per month for a 60 month lease/purchase. Monies were allocated in the current budget to cover the first year of the lease for the first vehicle (CT8000) but the Commission would have to approve the monies for the following years. Monies were available from the Contingency Fund in order to cover the lease for the 1988 budget year for the second vehicle (C8000) but this would need Commission approval. Mr. Dees recommended that the Commission approve the replacement of 2 Sanitation vehicles and direct staff to secure bids and to negotiate a lease/purchase for subsequent approval by the Commission. e Commissioner Dabbs asked if lease/purchase was the normal way that funding was done. City Manager Ryan explained that there were two ways to fund - by a sinking fund, put monies in a fund each year and then purchase or by the lease/purchase system, paying over a period of time. He 3 . Page 4 City Commission Meeting February 02_ 1988 stated that philosophically he preferred the lease/purchase method since people who were paying for the vehicle were getting the use of the vehicle. Mayor Ison asked if adequate funds were available in the Contingency Fund and City Manager Ryan said that there were. Commissioner Johnson moved to approve the request per the staff report submitted, Commissioner Dabbs seconded and the motion carried unanimously. Requ.st Approval for Financing of Base Station Equipment - Chief Boyd Radio e Chief Boyd requested that the Commission approve the purchase of a new base station radio for the Police Department by a lease/purchase method. Monies had already been budgeted for a new radio system, but not for a lease/purchase, plus City Manager Ryan stated that he wanted any large expenditures brought back before them for approval. The new system included 4 antennaes at strategic locations and the installation of the system was included in the price. Chief Boyd stated that they had checked with Orange and Barnett Banks and after evaluation felt that the General Electric plan, which was the company the system was to be purchased from, was the better plan. The monthly payments would be approximately Sl,489.57 per month for 5 years. Commissioner Hager moved to approve the purchase of the new base station radio equipment by the lease/purchase method from General Electric, Commissioner Johnson seconded and the motion carried unanimously. Approval for Proposed 1988 Paving Program - B. Elmore Street Supervisor Buddy Elmore asked the Commission to approve the proposed 1988 paving program. He explained that the 1987-88 budget allocated $70,000.00 for repair and repaving proJects. His estimated cost for proJects submitted was $83,860.00 and stated that the list was not in any priority order. City Manager Ryan stated that if the program was approved, they would come back with a priority list for Commission approval. Commissioner Dabbs moved to approve the proposed 1988 paving program_ Commissioner Hager seconded and the motion carried unanimously. Mayor Ison stated that they could also come back at a later date if they ran out of monies and ask for Contingency Funds. City Manager Ryan said staff would be back with a priority list for their review. Starke Lake Outfall Maintenance e Attorney Woodson was ready with the proposed resolution that requested responsibility for the maintenance and operation of 4 e Page ~ City Commi..ion Meeting February 02_ 1988 the Starke Lake outfall from Orange County and read the Resolution in its entirety. Commissioner Dabbs moved to approve the Resolution, Commissioner Hager seconded and the motion carried unanimously. COMMENTS FROM CITIZENS/PUBLIC R. P. Mohnacky, 1820 Prairie Lake Blvd, Ocoee, when questioned who was responsible for the striping of A. D. Mims Road, was told to contact Orange County as they took care of that area. REPORTS AND INFORMATION - CITY MANAGER e Salary Survey and Staff Positions City Manager Ryan explained that he had not been able to complete the salary surveyor the staf~ positions. The salary survey was 90% complete but not the quality that he wanted. On the matter o~ sta~f positions, he wanted to consolidate and make the best use of staff before making any recommendations at this time. Commissioner Dabbs asked what the hold up was for not having the salary survey done and City Manager Ryan explained that the Job descriptions had to be reviewed as some do not correlate and he was the only one on staff who was qualified to do it. He also stated that since the survey was not completed, any raises given would be retroactive to October 1_ 1987. He said he would try to have the survey to them by a week from Friday. Commissioner Johnson asked if they needed to hire another planner. City Manager Ryan said he would concur in general but not sure that was the case, they might be able to utilize an intern, but he had not had the time to discuss with Planner Wagner. Commissioner Dabbs stated that maybe the priority would be to get him an assistant in order to give him more time for the things that needed to be done. Mayor Ison suggested that a special session or workshop be held when the survey was completed. Follow-up Agenda - City Manager Ryan explained that the follow-up agenda was not growing but becoming more specific. Commissioner Dabbs asked about the meeting with Mr. & Mrs. Varnes and City Manager Ryan said he had a meeting with them but Mr. Varnes was not feeling well and he had arranged to meet with them again. Mayor lson asked about item 12 & 13 on the follow-up agenda. Item 13 - Sign Ordinance - was a complete rewrite of the sign ordinance and Item 12 - was the drafting o~ the PUD Ordinance. Commissioner Dabbs asked where we were on the transportation plan and Mr. Kelley explained that Bob Campbell had met with Russ Wagner this week and they were 5 e Page 6 City Commission Meeting February 02_ 1988 working on the plan. Lighting at Senior League Ba.eball Field e Jim Beech, Supervisor of the Recreation Department, requested monies for new lighting at the Senior League Ballfield and presented a Memorandum which listed the dizzerent options and cost for each. His recommendation was for alternative #2, which was for 7 new poles (wooden), new fixtures, and new underground wiring at a cost of S45,OOO.00. City Manager Ryan requested that they be allowed to start the bidding process for the new lighting. Mr. Beech explained that the existing poles were a hazard and needed to be replaced as soon as possible. Commissioner Dabbs asked why, if it was such a hazard, they were not advised prior to this time. Mr. Beech stated that he had mentioned it a couple of years ago and tried to get the monies allocated in the budget. City Manager Ryan stated that there was a possibility that maybe the Goodman family might be willing to donate monies toward the proJect as they have shown interest in the past for the recreational programs in the city. There was discussion from the Commission on wooden versus concrete poles and it was decided by a general concensus of the board that bids be requested for both wooden and concrete poles. They would hope to have bid opening by the next Commission Meeting. Office Furniture for the Mayor/Commission Office City Manager Ryan explained that they were about ready to purchase the necessary furniture needed for their office in the Withers/Maguire House and requested approval for the allocation of approximately $2,000.00 from unspecified reserve. Commissioner Johnson stated that he would like us to ask zor donations before we spend monies for the furniture and City Manager Ryan stated that maybe the Goodman family would be willing to assist with the furniture. Commissioner Vera Carter City Manager Ryan said that Orange County Commissioner Vera Carter had spoken to him today and asked to address the Commission reference providing sewer service to a proposed development Just south of Robertson Road which was outside the Joint planning area. He had told her to be at this meeting at about 9:00 p.m., and she had not arrived. The meeting would continue until Commissioner Carter arrived. CITY ATTORNEY e City Attorney Paul Rosenthal reported that he had met with Linda Barnby, of Swann & Haddock, and reviewed all oz pending 6 e Page 7 City Commission Meeting February 02_ 1988 items and they had Just today received all of the files from them and an updated status. He said that there was not a substantial amount left with them. Attorney Rosenthal then went over the items on the ~ollow-up agenda. On items 2 - 4, they basically would start from scratch. On item 6, Linda Barnby had suggested a personnel manager vs. a city attorney. City Manager Ryan explained that this item had been suggested by Commissioner Dabbs. Commissioner Dabbs stated that he ~elt there should be something to Judge his work by like a grade sheet. On item 9 - a dra~t had been presented to staf~ for review. On item 10 - this was one o:f the more "messed" up titles and was preparing a list of options for their consideration. On items 12 & 13 - he had Just found out about those tonight and would followup and advise their status. e City of Ocoee_ et al v. Sterling E. Pylant. et al Attorney Rosenthal reported that on January 26, 1988, the City of Ocoee filed suit to enJoin Sterling Pylant and the Christian Life Assembly from using or occupying the structure located on Starr Road until the proper building permit and certificate of occupancy had been obtained. Mr. Pylant had until February 17, 1988 to respond to the complaint and the City's Motion for Temporary InJunction would be heard by Judge Cecil Brown on March 4, 1988. He also reported that on January 28, 1988 the City was served with a Complaint that had been ~iled by Sterling E. Pylant on January 14, 1988 which alleged that the City prevented him from exercising his constitutional rights by requiring him to comply with the Southern Standard Building Code and by requiring him to pay $1000.00 for the inspection of his building plans. He also claimed that the City defamed him and asked that damages be awarded, that the electricity be restored to the barn, that a building permit be issued, and that all fines levied by the Code Enforcement Board for Code violations be vacated. He filed a Motion for Temporary InJuction_ but no hearing date had been set. His Complaint had been assigned to Judge Emerson R. Thompson, Jr. and the City had until February 17, 1988 to respond. Attorney Rosenthal said he would coordinate with City Manager Ryan regarding the response of the City to Mr. Pylant's Complaint and advised that the case not be discussed except in public meetings. Doss Trailer Attorney Rosenthal reported that investigation had been and a background report sent to the City Manager for review. done staff e RECESS: 9:00 p.m. CALL TO ORDER: 9:15 P.M. 7 e Page 8 City Commission Meeting February 02, 1988 Orange County Commissioner Vera Carter - Possible Wholesale Sewer Agreement with the City of Ocoee e Commissioner Carter expressed her appreciation to the Board of Commissioners for placing her on the agenda at such a late date. She explained that she wanted to discuss the possibility of developing a wholesale agreement for sewer capacity between Orange County and the City of Ocoee. She stated that it was on record that she favored a shared system. There was a policy in their growth management plan that they would not provide urban services outside the urban service area and she would like to get that revised so that if certain conditions on a particular piece of land would not allow septic tanks, then they could handle the matter if there was a wholesale agreement with another entity. The Belmere Development Just south of Robertson Road and outside of our Joint Planning Area is what brought this to her attention. The development had been approved for septic tanks and was to be 1 unit per acre. The land had some hard pan and was close to the Butler Chain of Lakes and she felt there might be a problem of pollution of the lakes. Some of the land that had good drainage could be utilized as a golf course and maybe used for effluent disposal. She felt that maybe they could also share ideas on effluent disposal. She explained that she was before them as a citizen of Windermere and not representing Orange County. She wanted to discuss the idea with Ocoee before she took it before the Orange County Commission and asked for their support. Mayor Ison and Commissioner Hager both said they thought it was a good idea and looked forward to mutual cooperation. Commissioners Johnson and Dabbs both agreed conceptually with the idea, but felt the City should determine if they could adequately handle their own needs first. They also wanted to discuss with staff before they made a commitment. Mayor Ison aSKed that the City pursue the request and that the City Manager, City Planner and City Attorney determine what a reciprocal agreement would look like. City Manager Ryan stated that they had a meeting with Orange County Staff in two weeks and they could start with discussions then. Commissioner Dabbs reiterated that there was no commitment at this point, but only exploratory purposes. COMMENTS FROM COMMISSIONERS Commissioner Hager had no comments. e Commissioner Dabbs reported that the Florida Cities Legislative Platform for each of the committees would be finalized in Tallahassee. League of standing He asked 8 . Page 9 City Commission Meeting February 02_ 1988 we the status of the Charter Revision Committee and was told they had all been given copies of the Charter to review and an organizational meeting would be set up. He asked the status of the Reservation Capacity Sale xor the sewer capacity. City Manager Ryan said that he had met with Mr. Cohen. The City Engineer and Mr. Cohen would review and be prepared to proceed within 30 to 90 days. Commissioner Dabbs asked if there were any problems with the staffing ox the sewer department. City Manager Ryan reported that it was "business as usual" and that we had notified all of the sewer customers by mail that we had purchased the system and would be billing them. Commissioner Dabbs asked about the city attorney position and felt that as things come together that something should be done. City Manager Ryan asked that the continuity continue until the back log could be caught up and Commissioner Dabbs asked the attorney ix he had some "feel" for the time frame. The attorney stated that it probably would take a year Just to finish the proJects that were bexore them now. Commissioner Dabbs stated that he Just wanted the Commission to hear his concerns. He asked that they consider Joining other government agencies reference putting a moratorium on growth and Just deal with what was in our Joint Planning Area and not go outside of that. There was discussion from City Manager Ryan and Commissioner Dabbs on the possibility of, and whether it was time for, hiring a staff attorney. Mayor Ison asked what the status was of the Joint meeting with the Planning & Zoning Commission and Planner Wagner stated they would schedule for the 4th Tuesday in February. Commissioner Johnson asked about the sidewalks on Silver Star from Bluford to the shopping center and was told that DOT was working on them. He also wanted to thank the Police and Fire Departments for their help and response when he had a health situation and had to call upon them. The Meeting adJourned at 9:50 PiTu~ MAYOR ATTEST: . CITY CLERK 9 j