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HomeMy WebLinkAbout10-18-88 . . . MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, OCTOBER 18, 1988 CALL TO ORDER: Mayor Ison called the meeting to order at 7:35 p.m. in the Commission Chambers. Commissioner Hager led in prayer and in the pledge of allegiance to the flag. PRESENT: Hager, Manager Behrens, Mayor Ison, Commissioners Johnson, Dabbs, Bateman and City Attorney Rosenthal, City Manager Ryan, Assistant City Finch, Public Works Director Brenner, Planning Director City Clerk Grafton, and Recording Secretary Ratajczak. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS Central Florida Council, Boy Scouts of America - Mr. Joe Gaston of the Central Florida Council of Boy Scouts of America presented the City with a limited edition framed print. Mayor Ison accepted the print on behalf of the City. Mayor Ison reported that on October 21-23, the Florida Wheelchair games would be held at Ocoee Middle School beginning at 8:00 a.m., and encouraged everyone to participate. City Manager Ryan Resignation - City Manager Ryan requested that he be allowed to speak at this time. City Manager addressed the Commission and Mayor and respectfully resigned from employment with the City effective immediately; whereupon, a 10 minute recess was held at 7:49 p.m. for the Commission to review a contract provided to them by City Attorney Rosenthal for consulting services and employment for City Manager Ryan. The City Commission reconvened at 8:04 p.m. and after discussion, Commissioner Hager moved that the City Commission accept with regret Mr. Ryan's resignation, and acceptance of the Consulting and Employment Agreement as written. Commissioner Bateman seconded the motion with the provision that the Commission amend the Contract to clarify where the City was to provide an office for Mr. Ryan. After discussion, it was agreed that Mr. Ryan would have the use of the Withers-Maguire House, more particularly the Mayor's office within the house. Commissioner Hager moved that the Commission accept Mr. Ryan's resignation and the Consulting and Employment Contract with the proviso that Mr. Ryan have full use of the Withers-Maguire House as his office through November 23, 1988. Commissioner Bateman seconded the motion. Unanimously passed. Upon completion of the vote, Mr. Ryan relinquished his seat to Assistant City Manager Finch and departed from the meeting. Mayor Ison requested that the City make provision immediately for Assistant City Manager Finch to be able to sign City checks. Commissioner Bateman moved that the City Commission appoint Dennis Finch as the Acting City Manager and as an authorized fiscal signatory with all responsibilities and obligations as stated in the Charter; seconded by Commissioner Dabbs. Unanimously passed. .~::~::---- .,. ~-~.-:;:::Z-- _.~ - e - Page 2 City Commission Regular Meeting October 18, 1988 APPROVALS - CONSENT AGENDA Regular Commission Meeting Minutes October 4, 1988 - Commissioner Bateman stated that on Page 10, on the bottom of the page of the minutes, he would again request a new condition to be put in Developer's Agreements to allow for compulsory payment of dues in home owners' associations. This request has been repeated several times, going back to June 21, 1988. Special Session Commission Meeting Minutes of September 19, 1988 - Commissioner Hager moved that the minutes of October 4, 1988 and of September 19, 1988 be approved as they are. Seconded by Commissioner Bateman. Unanimously passed. Recreational Advisory Board Renewal Appointments - Commissioner Dabbs reported that Maxine Walls expressed a desire not to be reappointed. After discussion it was suggested that Commissioners Johnson and Dabbs find a replacement, whereupon this agenda item was stricken. Setting of time and Date for Water and Sewer Capacity Sale Acting City Manager Finch reported that the Sale was to take place on November 10, 1988, at 9:00 a.m. in the Community Center. OLD BUSINESS PUBLIC HEARINGS ~/~ Telesat - 1st Reading Ordinance #88-~ - City Attorney Rosenthal stepped down and gave his seat to Special City Attorney Ike Cool who represents the City in cablevision matters. City Attorney Cool opened the public hearing by reading his staff report, whereupon Tom Wilkes, attorney for Telesat, Dr. Fishkind of Winter Park, a noted economist, Messrs. Cecil Taylor, Dave Testa and Matt Chesler of Telesat spoke on behalf of Telesat. In comments from local citizens, Mr. Mohnacky recommended that the City accept and pass this Ordinance. Mr. Ray Wood of 1504 Ison Lane, also recommended that the City approve the Ordinance. Mr. Ed Eastham of 321 Hormigas Street commented that he has experienced no problems with his cable as it is. Mr. Jack Eyring of Ocoee Garden Villas was also in favor of the new cable company. Commissioner Bateman recommended that the citizens of Ocoee be given the opportunity to select which company they would like. Commissioner Dabbs moved that the Commission accept the first reading of the ordinance with the proviso that Telesat provide a skeletal plan or overview of where they would begin laying the cable within the community, and this information should be provided by the next Commission Meeting. Seconded by Commissioner Johnson. FOllowing discussion with regard to the laying of lines and alternatives, the pUblic hearing closed. Mayor Ison read the proposed ordinance by title only and polled the Commissioners, who unanimously approved the first reading of the Ordinance. Second reading will be held November 15, 1988 at 7:30 p.m. in the Commission Chambers. - . . Page 3 City Commission Regular Meeting October 18, 1988 RECESS/RECONVENE - The City Commission recessed at 10:20 p.m. and reconvened at 10:45 p.m. SPECIAL STAFF REPORTS Report on Maguire Road Sewer Extension - Acting City Manager Finch requested that the Commission authorize the initiation of the assessment procedures described in Chapter 170, Florida Statutes, for the sanitary sewer extension on Maguire Road south of S.R. 50. Commissioner Bateman moved to approve this initiation; seconded by Commissioner Hager. Unanimously passed. Request for Direction on Sawmill Subdivision - Acting City Manager Finch requested direction with regard to the southbound turn lane. Mayor Ison stated that he felt this issue was satisfactorily pursued with Orange County Commissioners and that the Orange County Commission stands by its original position, i.e" that the intersection improvements as presently designed are acceptable. Bruce Mylrea, 608 E. Central, Orlando questioned the approval of Sawmill, with his understanding that Sawmill has not been approved by the Commission. Acting City Manager Finch stated that the Commission approved it subject to the staff report concerning technical items, i.e., contacting the homeowners, etc. Mayor Ison asked if the homeowners had reviewed the plans, and Mr. Mylrea responded that they all have acknowledged that they have reviewed and discussed the plans. Mr. Mylrea requested a preconstruction conference with Acting City Manager Finch, and reported that they have fulfilled all their requirements as requested. Mr. Mylrea will be sending a transmittal letter to the City Clerk. Report on M&M Utilities - Acting City Manager Finch reported that this report is given to the Commission for informational purposes only. Discussion ensued with regard to the City having the ability to become the Receiver in the Bankruptcy. Mr. Holland, Wastewater Supervisor, noted that Mr. Minton sold the percolation ponds and that Mr. Darling from DER is checking into this. Mr. Roger Freeman, 151 W. Silver Star Road, Ocoee, reported that he, along with members in a corporation, had purchased the percolator ponds because he had concluded from discussions with City management and from hearing discussions in Commission Meetings that he would be required to spend about $40,000 in tap-in fees to develop his property. His corporation made it clear to Mr. Minton that they would keep Mr. Minton afloat, and Mr. Minton stated that January would be it; he could not go on any longer. Mr. Freeman stated that the City may use this land as percolator ponds at no charge to them for up to three years (except for paying the taxes) . The Corporation had entered into a contract with Mr. Minton in which the Corporation is charging him $1,000 a month to use the percolation ponds; if a private individual takes over, the Corporation expects them to honor the contract; but the City would be welcome to use the ponds. It was Mr. Freeman's understanding - Page 4 City Commission Regular Meeting October 18, 1988 that the ponds would be made into a lift station and would hooked into Bowness Road and that the City had absolutely no for the sewer ponds if and when the City took over the plant. Freeman stated that Mr. Ryan told him that was not the case, the City may want to use the ponds for 10 to 15 years. Freeman stated if this is true, all the City has to do is sit and talk with him. be use Mr. and Mr. down Wescar - Acting City Manager Finch explained small scale Land Use Plan amendment with regard to Lake Olympia Estates and the Hawthorne/Pulte people. They asked staff if they would support a change in the land use plan for a 2 acre piece in the extreme northwest part of the property, which is presently residential, to be converted back to commercial. No objection from Commission. Motion made by Commissioner Johnson to approve this change; seconded by Commissioner Dabbs. Unanimously carried. e Special Times for Next Meeting - Acting City Manager Finch asked that because of the number of projects to be discussed the November 1 meeting be moved back to 6:30 p.m. instead of the regularly scheduled time; and that a special meeting be held on November 7 and November 22 at 7:00 p.m. for final adoption. Approval to Submit Application to DCA for Local Gov't Comprehensive Planning Assistance Program - Planning Director Behrens reported that the Planning Department has submitted their application to DCA. Motion was made by Commissioner Dabbs to approve the application and authorization of execution by the Mayor; seconded by Commissioner Johnson; unanimously passed. Modification of Land Use Planning Grant with State - Planning Director Behrens requested authorization to make the modification of substituting the Traffic Element for the Future Land Use Element within the Comprehensive Plan; as a procedural matter. Commissioner Johnson moved that the Commission approve this authorization; seconded by Commissioner Bateman; unanimously passed. Final Acceptance West Orange Waste Water Transmission System Public Works Director Brenner requested authorization for final payment to the contractor on this project. Commissioner Dabbs made the motion to approve final payment; seconded by Commissioner Hager; unanimously passed. e Final Acceptance Silver Star/Bluford Utility Relocation - Public Works Director Brenner recommended that the Commission approve final pay request thereby authorizing staff to make final payment to the contractor on this matter. Commissioner Johnson moved to approve authorization; seconded by Commissioner Bateman; unanimously passed. e Page 5 City Commission Regular Meeting October 18, 1988 Report on Senior League Field - Public Works Director Brenner reported that DeWitt Excavating was progressing very well on the Senior League Field. Mayor Ison suggested the extension of Marlene Drive westward into the Park; and an eastward extension on Adair. Both streets could be cul-de-sacs. OTHER BUSINESS Operational Assistance Agreement with Winter Garden - Chief Boyd explained to the Commission the Operational Assistance Agreement between Ocoee and Winter Garden and explained the Agreement was in effect through and including October 15, 1991. Commissioner Bateman moved that the Agreement be approved; seconded by Commissioner Dabbs. Unanimously passed. Cemetery Committee Report - This item is to be placed on the next Commission Meeting agenda under Old Business. COMMENTS FROM CITIZENS/PUBLIC No comments. NEW BUSINESS None. tit REPORTS AND INFORMATION None. CITY ATTORNEY None. COMMENTS FROM COMMISSIONERS Commissioner Johnson discussed Parks ide Subdivision and asked the City to waive the building permit for the developer to put in the park and to waive a site plan. Motion made by Commissioner Johnson to waive both the site plan and building permit for the park in Parkside Subdivision; seconded by Commissioner Dabbs; unanimously passed. Commissioner Johnson reported that Junior Crawford would like to donate approximately one acre of land off Wurst Road to the City in exchange for payment of the $170.29 taxes and giving him a receipt for the tax benefit of $10,000. Commissioner Johnson moved that we approve the payment of the taxes and give a receipt in amount of $10,000 to Mr. Crawford. City Attorney Rosenthal suggested a title search of the property before acquisition. Seconded by Commissioner Dabbs; unanimously passed. commissioner Johnson also reported a cat problem in the vicinity of Ocoee Hills Road and at Johio Shores and Cumberland. Mayor Ison directed the City Manager to write a letter to Orange County Animal Control. e . . - Page 6 City Commission Regular Meeting October 18, 1988 Commissioner Dabbs reported that there are tractor trailers and trucks parking illegally on the Stucki property and on the unpaved parcel next to McDonalds' on Highway 50, and at the Old Phillips 66 Station next to ABC Liquor. Commissioner Dabbs stated that the Historical Society received permission from Mr. Ryan to have a haunted house in the Withers- Maguire House, and the question of insurance liability was raised. It was noted that all Boards are covered by City liability and there would be no problem. This is brought to the Board for their information. Mayor Ison brought up the subject concerning DRC meetings and suggested they be attended by a commissioner for better productivity. Additionally, a "short list" of engineering firms should be developed along with the development of a new schedule based on the size of a project, with payment based on a sliding scale for engineering firms. Mayor Ison stated that he received a complaint from a citizen who lives in the vicinity of Oakland and Cumberland, that states on the north side of Oakland and the east side of Cumberland there is a piece of rental property that should be condemned and is a hazard to those who live there and a hazard to those in the neighborhood. Mayor Ison requested that whoever is in charge of this within the City to please take care of it. Additionally, the property on Franklin immediately west of AAA Hardware, which is vacant, needs to have the owners notified to clean up the lot. ADJOURNMENT With no further at 12:21 a.m. di7!L r :r:g was adjourned THOMAS R. ISON, MAYOR ATTEST: . ~N~