HomeMy WebLinkAbout02-02-88
MINUTES OF THE CITY COMMISSION MEETING HELD FEBRUARY 2, 1988
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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
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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.
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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
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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.
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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.
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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
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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
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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
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Attorney Woodson was ready with the proposed resolution that
requested responsibility for the maintenance and operation of
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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
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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
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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
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City Commission Meeting
February 02_ 1988
working on the plan.
Lighting at Senior League Ba.eball Field
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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
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City Attorney Paul Rosenthal reported that he had met with
Linda Barnby, of Swann & Haddock, and reviewed all oz pending
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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.
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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
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RECESS: 9:00 p.m.
CALL TO ORDER: 9:15 P.M.
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City Commission Meeting
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Orange County Commissioner Vera Carter - Possible Wholesale
Sewer Agreement with the City of Ocoee
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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.
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Commissioner Dabbs reported that the Florida
Cities Legislative Platform for each of the
committees would be finalized in Tallahassee.
League of
standing
He asked
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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:
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CITY CLERK
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