HomeMy WebLinkAbout11-15-88
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MINUTES OF CITY COMMISSION REGULAR MEETING HELD NOVEMBER 15, 1988
The regularly scheduled meeting was called to order by Mayor Ison
in the commission chambers at 7:35 p.m.. Commissioner Bateman
prayed and led those present in the pledge of allegiance.
PRESENT: Mayor Ison, Commissioners Bateman, Dabbs, and Hager,
Attorneys Rosenthal and Woodson, Acting City Manager Finch,
Planning Director Behrens, Associate Planner Harper, Assistant
Planner Claman, Public Works Director Brenner, City Clerk Grafton
ABSENT: Commissioner Johnson, (who was ill)
PRESENTATIONS AND PROCLAMATIONS
Mayor Ison congratulated Commissioner Johnson (by way of the TV
camera) for winning the race for Commission Seat #1. Mayor Ison
then announced that the run-off election would be held November
22, 1988, for Commission Seat #3. The Commission Special Session
which is scheduled for that date will be held in the Ocoee Woman's
Club House, because the commission chambers also serve as the
polling place.
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Tom Kelley, PEC, presented oak trees to the City in honor of
Commissioner Bateman's retirement with one special oak tree to be
designated "The Bateman Oak." Mayor Ison stated that "Oak-up
Ocoee" begins now and that the City will be planting a thousand
oak trees by spring. He requested that businesses wishing to give
awards reduce the size of the plaques and donate an oak tree as
well.
CONSENT AGENDA
The consent agenda, consisting of the minutes of the
special session commission meetings of November 1,
unanimously approved upon a motion by Commissioner
second by Commissioner Bateman.
regular and
1988, was
Dabbs and
The Agenda Was Rearranged To Place ITEM IV B 1 a - TELESAT, INC
and ITEM VIII A - WATER/SEWER CAPACITY SALE REPORT Here Because of
the Large Number of People in Attendance for These Items.
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PUBLIC HEARING AND SECOND READING: ORDINANCE 88-41, TELESAT, INC.
CABLE TV FRANCHISE - Agenda Item IV B 1 a
Mayor Ison introduced special counsel for the cablevision
franchise, Becky Vose, with Shutts and Bowen. Ms. Vose described a
non-substantial change in Item 8.5 on Pages 5 and 6 of the
Franchise Agreement which she recommended to be incorporated
before adoption of the ordinance. The change requires the
franchisee to indemnify the City, its officers and employees for
reasonable attorney's fees and reasonable attorney's fees on
appeal which might arise from litigation as a result of, or which
relates to, the grant of this franchise. It also provides that
the City shall have the right to review the proceedings and the
right of prior consent to any settlement in such proceedings
providing that such consent would not be unreasonably withheld.
Commissioner Dabbs moved to amend Ordinance 88-41 as enunciated by
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City Commission Meeting
November 15, 1988
Ms. Vose, and Commissioner Hager seconded the motion. The vote on
the motion to amend was unanimous in favor. The roll call vote
was: Commissioners Hager, Bateman and Dabbs, "Aye." Acting City
Manager Finch read the title only of Ordinance 88-41, and Mayor
Ison opened the public hearing. Ms. Vose advised that the issues
should be addressed according to Florida State Statute 166.046 and
she listed the procedure, quoting from a memo from Attorney Ike
Cool dated October 10, 1988.
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Attorney Tom Cloud, with Gray, Harris and Robinson, representing
Telesat Cablevision, Inc., said that they filed for the franchise
on March 7, 1988 and they appreciate the commission's patience and
indulgence in this proceeding. Attorney Cloud produced
transcripts from 3 previous meetings stating that previously
introduced evidence and documents would stand as previously
introduced and asked that 2 letters sent November 11 and 15, 1988
be entered into the record along with 726 cards from the citizens
of Ocoee confirming their desire for a second cablevision service
in Ocoee. Mr. Cloud stated that Telesat, Inc. is ready, willing
and able, as well as financially capable, to come in. Their system
has room on the wires to accommodate Ocoee and they have supplied
2 maps showing their plan as requested by the Commission. They
expect to complete covering the City in from 3 to 5 years.
Telesat, Inc. will not require 50 subscribers in an area before
they lay service to that area.
Mr. Ray Wood, 1504 Ison Lane, stated that he was in favor of a
second franchise, as he has just seen again the poor service from
Cablevision (including rudeness on the telephone when they could
finally make contact) and no service as promised.
Mr. Ralph Van de Mark, 1001 Kimball Drive, speaking as a citizen
as well as an employee, said that he has been under 3 employers in
this City and has heard similar remarks from previous companies,
(Westinghouse and Group W) who had plenty of backing but because
of market decided to sell. Mr. Van de Mark pointed out that the
person who said that cable was across the street from his house
and he could not get service in his house was referring to Group W
and not Cablevision, Inc. He also stated that they installed in
Forest Oaks, which was 16 homes to the mile, not 50.
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Mr. Roy L. Mathiasen, 601 E. Lakeshore Drive, said that he and his
wife enjoy television and appreciated the new channels that were
made available by the competition. He noted that they could get
remote control with either company, but had to pay for the
convenience when dealing with Cablevision Industries. Mr.
Mathiasen said also that it took from Wednesday afternoon to
Monday to get service when they had a problem.
Ms. Joyce Singh, 711 E. Lakeshore Dr., encourages competition
because it took more than an hour on the telephone to get through
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city Commission Meeting
November 15, 1988
to the operator.
Mr. Tom Alexander, Alexander and Associates, said that counsel
passed out a preliminary study on Telesat and the study shows that
Telesat does not have the financial background to support service
to another city. He cited their record in other cities and said
that he believes that they will move in and approach Cablevision
Industries as a partner. As a result of this the rates that start
out to be competitive will, because of overbuild, then be raised
by possibly 60%.
Dave Testa, Cablevision Industries, said that he has already
provided testimony and will not repeat it, but that they feel that
competition is good. He felt, however, that Telesat, Inc. is the
wrong company to grant a franchise to. Mr. Testa said that they
want Commission to deal with the question freely without concern
over law suits and he volunteered indemnification.
Mr. Bill McNamee, 1202 Wurst Road, said that his father has had
Telesat for 2 years and has had 5 minutes of bad picture, while he
has Cablevision Industries service and has constant problems.
Pat Buckoles, 709 Ridgefield, stated they have had bad service
consistently and feels that competition will be good.
Mr. Bob Cameron, 1106 Malcolm Road, said Cablevision priorities
are off because they put something other than the hockey game on
when he wanted to see it.
Mrs. Ferguson, 603 S. Lakewood Avenue, has tried since August to
get cable and they finally installed for her after she called the
Better Business Bureau.
Mrs. Nadine Kirkendall, 58 W.
guarantee that a new company
problem and they corrected it
park.
Circle Key, said that we have no
will be any better. She had a
and they have rewired the trailer
Mr. Mark Eggleston, 511 Hager Drive, asked if the references for
this company have been checked and requested that the matter be
tabled until that has been done.
Mr. Jack Eyring, 1901 Adair Street, said that Group W had problems
and Cablevision has had problems also, but that now they are
getting them worked out.
Mr. Everett Eastham, 321 Hormigas Avenue, said that the
question is the integrity of the company, and that the
record of this company has not been good in other cities.
real
track
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City Commission Meeting
November 15, 1988
Mr. R.P. Mohnacky, 1820 Prairie Lake Blvd., said that we already
have Cablevision system and even if the new one is just as bad as
the first one we haven't lost a thing but that we would have
gained the benefit of competition.
Mrs. Debbie Bracknell, 408 Hager Dr., said that she has already
done research and found that Cablevision, Inc. has the straight
scoop, and that Florida League of Cities has documented the
problems of overbuilding. Mrs. Bracknell asked that the
Commission consider what protection the citizens will have from
the resulting cost of overbuilding.
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Mr. Tom Cloud, in closing, said that if their request is denied
the signal that will be sent to the monopoly is that they can
remain a monopoly, and the improvements that are needed will not
be made. Mr. Cloud quoted from a letter from Margaret Brackney,
head of the Orange County Department in charge of Cablevision, to
Volusia County Councilwoman Judy Conte, and also responded to Mr.
Alexander's comment regarding building out the city in 18 months,
saying that time frame is not realistic.
Mayor Ison reported that 3 citizens had called the City and he had
received results of Cablevision survey. There were 29 comments
received: 10 for, 18 against and 1 neutral. Mayor Ison then read
letters from Don P. Mullen and Mrs. S.K. Gearhart, who were
against, and Jerry W. Kallentine and David Aho, who were for.
Mayor Ison then read for the record a statement from Commissioner
Johnson indicating that he is in favor because competition causes
a healthy atmosphere.
Commissioner Bateman stated that he had asked months ago for the
citizens to come and express their opinions on this matter and
he feels that Telesat, Inc. does not have all the answers
immediately but that he wants the record to show that if Telesat,
Inc. does not do as they have promised he will be in to raise cain
with both the Commissioners and the company.
Commissioner Hager stated that he had also asked citizens to make
their wishes known regarding the franchise but he cautioned
citizens not to get their hopes up for $9.00 plus rate because it
would be unrealistic to expect Telesat, Inc. to hold that rate for
5 years.
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Commissioner Dabbs said that he did not believe that citizens
would be worse off if there is competition available and that he
was ready to move that the franchise be granted.
Mayor Ison said that the citizens had passed an amendment to the
Charter to be in effect in January to make the mayor accountable
and that he would vote for the franchise if he had a vote now.
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City Commission Regular Meeting
November 15, 1988
Commissioner Dabbs moved to grant the franchise and he asked Ms.
Vose to verify that the Commissioners have met the requirements of
Florida Statute 166.046(2) and to state the motion including the
non-substantial change made earlier. Ms. Vose read the motion as
follows: After considering the factors set forth in Florida
Statute 166.046(2) motion is made to approve on second reading
Ordinance No. 88-33 granting a non-exclusive cable television
franchise to Telesat cablevision, Inc., subject to the non-
substantial change to Section 8.5 of the ordinance requiring the
franchisee to indemnify the City and its officers and employees
for reasonable attorney's fees and reasonable attorney's fees on
appeal which arise from litigation as a result of or which relate
to the grant of this franchise and providing that the City shall
have the right to review the proceedings and the right of prior
consent to any settlement in such proceedings provided that such
consent would not be unreasonably withheld. City Clerk Grafton
pointed out that Ordinance number 88-33 has been assigned to
another ordinance and the number for this ordinance will be 88-
41. Commissioner Hager seconded the motion as corrected. A roll
call vote was: Hager, Bateman, Dabbs, "Aye." Motion carried with
a unanimous vote. (Note: Commissioner Johnson was not present.)
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RECESS FROM 9:18 P.M. TO 9:34 P.M.
Mayor Ison announced that the order of items on the
been rearranged in order to accommodate the large
people present for the Water/Wastewater Capacity Sale
Developer Agreements.
agenda
numbers
Report
has
of
and
CITY ATTORNEY-WATER AND SEWER CAPACITY SALE PRELIMINARY REPORT
AND APPROVAL OF DEVELOPER AGREEMENTS - Agenda Item VIII.
Assistant City Attorney Woodson reported that at the
Water/Wastewater Capacity Sale held November 3 there were fifteen
separate applicants and of those applying there were thirteen for
wastewater service and sixteen for water service. The thresholds
previously set were met and the draft of the agreement agreed upon
for that meeting is the final draft which all developers have been
using for negotiations. Because of time restraints, and the sheer
volumes of paper required, copies of all the agreements had not
been made available for each Commissioner at this meeting. Copies
of those agreements that have substantial changes to be considered
will be provided for the November 22 meeting.
Mr. Woodson stated that the City will not have a developer
agreement with the Bell Mere/Lake Whitney Project because the
County has an agreement with them and the details will be covered
in the permitting language. Mr. Woodson noted that 2 groups have
dropped out and 1 new one came in with cash, but outside of the
. sewer/water service area. Mayor Ison interjected here that the
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City Commission Regular Meeting
November 15, 1988
Commissioner
Mayor Ison
that puts
have an
but that
subject
developer of Lake Whitney went directly to a County
to sponsor negotiating a wholesale agreement with us.
said also that he had seen a joint planning area map
that parcel in Windermere. He pointed out that we
understanding not to annex any land south of Moore Road,
all planning agreements and all wholesale agreements are
to change.
Mr. Woodson said that his next step will be to write a letter to
each developer and advise what more is needed from them. He then
asked Commissioners to authorize Mayor Ison to execute
those standard agreements which have been executed by the
developers and are essentially complete. Mayor Ison indicated that
he would prefer that each Commissioner have an opportunity to read
the entire agreement for each developer before he signed. City
Attorney Rosenthal stated that it would be more economical for us
to have only those agreements with substantive changes
reproduced. It was ultimately agreed that those agreements that
differed from the standard agreement would be presented in
legislative form for consideration at the November 22 meeting.
Mr. Stanley Cohen, of Brackman and Cohen, Financial Advisors to
the City, reported on the improvements, and funding of same, to
the Water/Sewer Systems. As a result of the sale of capacity the
committed revenues in cash and/or letters of credit (or with
addition of obligations) by October 1994 for water equal to
slightly more than $3,000,000, and for sewer nearly $7,000,000.
Mr. Cohen has been working with the engineers and they are now
defining how the money is to be spent in six month increments. He
is meeting with the bank tomorrow to discuss the total commitment
amount, planning to spend our money first and only take out what
is needed from the bank. The documents are already in place for
the sewer, and like documents for the water will be ready soon. He
will come back with the total figures by February 1, 1989, as they
will have received the initial payments of the letters of credit
from the developers, which they will have codified. Also prepared
will be the time table in six month intervals for the estimated
engineering cost, as well as the proposal from the bank for
consideration. Also started but not completed will be a study of
the water/wastewater current rates versus the cost of supplying
the current services, with an anticipated recommended rate
increase. Mr. Cohen pointed out, however, that in no way would
the cost of growth be charged to existing retail customers. The
impact fees required will be self sustainina. Also studied will
be the total adequacy of the rates. The bank appears to look
favorably on a relationship with the City and the interest rate
market is good. Mr. Cohen does not recommend a long term bond at
this time, but rather a short term ( 6 to 15 years) arrangement.
Mr. Cohen commended the attorney for the excellent job of
negotiating with the developers. He stated further that all his
figures deal only with assured contracts.
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City Commission Regular Meeting
November 15, 1988
Mayor Ison asked if/when another capacity sale should be scheduled
and Mr. Cohen advised that right now that would be premature, as
the present design will accommodate more than this commitment.
Mayor Ison announced that on Wednesday, November 30 at 7:30 p.m.
at the Holiday Inn banquet room there would be held an open
forum/round table discussion regarding the future of the City and
at that time the latest news on the development of Bowness Road,
Clark Road, East/West Expressway and the Beltway would be shared
with all present. Dave Prewitt, General Manager of Holiday Inn,
will provide the room and refreshments.
REPORT ON COMPREHENSIVE PLAN ELEMENTS - PLANNING DIRECTOR BEHRENS
Agenda Item VI B 1
City Planning Director Behrens presented drafts of 4 elements
(Popu~ation Projections, Traffic Circulation, Conservation, and
Recreation and Open Space) for commission to review before
submitting preliminary plans to the Department of Community
Affairs.
City Engineer Torn Kelly pointed out that, of the $16.9M
anticipated to be spent on developing roads in Ocoee, $3.9M will
be covered by impact fees (2 phases of Bowness Road and widening
Bluford Avenue from Orlando Avenue to Highway 50), and the balance
of $13M should be built by developers (Clark Road, Maguire Road
and Hackney prairie Road). However, Mr. Kelly said, some of the
roads are where no developer plans to go, so there may be some
difficulty in funding.
AUTHORIZATION FOR USE OF CONSULTING SERVICES GRANTED (Agenda Item
VI B 2
City Planning Director Behrens requested authorization to use PEC
consulting engineering services for input on the infrastructure
element as that firm already has many of the figures needed to
compile the reports necessary. He also requested authorization to
request $4,948 from the state as it is necessary to show the
product and submit emcumbrance of funds in order to receive grant
money. City Attorney Rosenthal clarified that this would be an
award of a contract under the continuing services contract the
City already has with PEC for $4,948 in accordance with their
proposal. Commissioner Bateman moved to encumber the funds as
stated by City Attorney Rosenthal and Commissioner Hager seconded.
Motion carried with 3-0 vote. Commissioners Bateman, Dabbs and
Hager voted "Aye."
LAKE LOTTA, LTD. DEVELOPMENT AGREEMENT - Agenda Item IV C 1
Assistant City Attorney Woodson explained that the Rose Hill
Homeowners Association had requested: 1) that a copy of the
developers' plans be supplied for them before the matter came
before commission, and 2) that their suggestions would determine
the location of the east/west collector road that was under study
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City Commission Regular Meeting
November 15, 1988
at this time. Mr. Woodson did not include those requests in the
development agreement, but all the other requests made by the Rose
Hill Homeowners Association have been included. The developer
also had asked for several items not included: 1) less than 25'
front yard setback in the low-medium density, 2) the amount of
cash to pay in lieu of residential land for parks and recreation
3) in Exhibit D, Paragraph 36, the question of whether the land
for school will be donated or made available to the school board
for purchase, and how many years must the land be held available
before they would be free to develop it otherwise. The copy of
the development agreement provided also has a typographical error
on the first line as the agreement is with Lake Lotta, Ltd.
rather than Residential Communities of America.
Mrs. Gretchen Jacobs, 9127 Queen Elizabeth Court, Orlando, spoke
as chairman of the Rose Hill Homeowners Association, and
reinforced her request that the preliminary site plans be made
available to them before the public hearings. Mayor Ison made it
clear that she could make arrangements with the developer to
provide the plans but that the City would not accept the
responsibility to do so. Mrs. Jacobs then asked that the road
that will be built be put next to the wall that will be built, so
that the road will act as a buffer. Commissioner Bateman pointed
out the danger of such a plan and Mayor Ison assured Mrs. Jacobs
that when the site plan showing the location of the road is
produced commission will give their expressed wishes every
consideration.
Mr. Steve Fieldman, representing Lake Lotta, Ltd., expressed his
appreciation for the manner in which City Attorney Woodson and
Acting City Manager Finch have protected the City's rights while
giving him an opportunity to be heard. Mr. Fieldman stated that
he agreed with the attorney that the notice to adjacent homeowner
associations should not be a part of the development agreement,
and that the location of the road should be part of the site plan
rather than part of the development agreement. Mr. Fieldman
defended Paragraph 36 as fair regarding the school site as 20
years is a very long time to reserve a parcel. City Attorney
Rosenthal pointed out that the City Subdivision Ordinance calls
for 20 years reservation or conveyance with provision for return
back after 15 years if not used by school board and that the
agreement is between the developer and the school board, not with
the city. Mr. Jerry Feinstein, owner of the site, said that they
want to do what is right for/with the City, but that the problem
is that the school board wants them to give the land rather than
sell it. As a result of this, Mr. Feinstein said that they will
probably not be able to reach an agreement with the school board.
It was agreed that this item would be held in abeyance until the
developer has an opportunity to deal further with the school
board. Mr. Fieldman said that, in considering the recreation
assessment, the multi-family portion already has its recreation
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City Commission Regular Meeting
November 15, 1988
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area, so that and the commercial section, roads and rights-of-way
should be deducted from the area for calculation of the 5% and
that they would really prefer to pay the assessment in cash rather
than land. It was agreed that the 5% includes the commercial area
but does not include the large arterial roads and accompanying
rights-of-way. A current appraisal would also be needed in order
to determine the value of the land in order to calculate the 5% if
paid in cash. As to the 20' front yard setbacks, no
determination was made at this point. City Planner Behrens asked
that City Attorney Rosenthal clarify the matter of the 59.0 acres
of open space if the value of 18.3 acres is to be given in
cash...does the 59.0 acres remain open space or is it reduced by
18.3 acres? This item was to be held in abeyance also and City
Attorney Rosenthal was asked to research all 3 items and provide a
recommendation for the November 22 meeting. Commissioner Bateman
said that the descretion that commission had in dealing with PUD
was the kind of housing that would go into a project rather than
the setbacks. Mr. Torn Kelley, P.E.C., referring to Exhibit D,
Section 5, brought up the matter of Clark Road alignment and asked
if the developer has control over the right-of-way. The response
was that developer has control over right-of-way on collector
roads but not Clark Road. As Mr. Kelley pursued the question of
the responsibility this developer had and the credits involved he
was instructed by Mayor Ison to get with Acting City Manager Finch
to discuss it.
RECESS FROM 11:58 P.M. TO 12:09 A.M.
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SKYLARK VENTURES, LTD. DEVELOPMENT AGREEMENT - Agenda Item IV C 2
Acting City Manager Finch recommended that commission be
consistent and require the same from Mr. Atwood regarding paving
Clark Road that they require from Lake Lotta, Ltd.. Mr. Atwood
said that he does not mind reserving the space but he does not
want to pave a road that goes no where, and that he wants the same
deal that the other developers have in that area. Mayor Ison said
that Mr. Kelley, Mr. Finch and Mr. Rosenthal must get together and
formulate the language for the development agreements that affect
the timing for the building of the roads, as Clark Road
definitely is going somewhere. Acting City Manager Finch
explained that Mr. Atwood is concerned that his development
agreement calls for no construction within 100' of Lake Johio when
the ordinance calls for 35' from normal high water level. His
plan design has put homes 50' from the high water level which is
more restrictive than our ordinance but less than the development
agreement. It was agreed that possibly the slope of the lakefront
would make a difference. Mr. Atwood also requests reduction for
the building setback along the Clark Road right-of-way.
Commissioner Hager wanted to be sure that where ever the houses
are built, the City should not be held liable in the case of high
water. No action was taken, but attorneys were instructed to take
the discussion into consideration in writing the agreement.
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City Commission Regular Meeting
November 15, 1988
Mayor Ison Announced That All Old Business on Agenda Will Be
Deferred.
NEW BUSINESS
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Forest Oaks Water Plant Settlement Agreement - Agenda Item VI A 1
Acting City Manager Finch advised that the Forest Oaks Water Plant
was designed to produce 1,100 gpm and only produces 700 gpm. In
an effort to recover the cost of supplying the additional
capacity, correspondence with RCA, Mr. Wayne Rich, Trustee and
other parties involved in the construction of the water plant was
initiated. Mr. Goodman and Mr. Rich have accepted their share of
the responsibility and in the resulting negotiations Assistant
City Attorney Woodson has achieved a settlement of $34,000. The
other culpable parties have denied any responsibility and Mr.
Woodson said that to sue them will not net more than attorney
fees. Mayor Ison directed Mr. Woodson to file an administrative
complaint with their licensing agencies. Commissioner Bateman
moved to approve staff recommendation to accept the settlement
agreement with ReA and Mr. Rich. Commissioner Dabbs seconded and
motion carried with unanimous vote. Commissioners Bateman, Dabbs
and Hager voted "Aye." Commissioner Hager pointed out that the 6"
pipe in the bottom of the well should have been 12" and no amount
of repairs would change that.
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PRELIMINARY SUBDIVISION APPROVAL - RICHFIELD SUBDIVISION
Agenda Item VI A 2
Acting City Manager Dennis Finch explained that Moore Road is a
platted but unimproved street in the county which abutts the south
side of Mr. Atwood's property. If Commission should enforce the
rules strictly, Mr. Atwood would be required to dedicate the other
30 feet and pave it, and that would interfere with the desired
entrance to his development. Mr. Atwood proposes to go to the
County Commission and request that they vacate that portion of the
road right-of-way, as the first 271 feet has already been vacated
and there is no access to Johio Shores Road. Mr. Finch
recommended that Commission hold that requirement in abeyance to
give him an opportunity to do so. Mayor Ison instructed staff to
supply Mr. Atwood with a letter stating that the City of Ocoee has
no objections to that road being vacated. It was agreed that the
two year completion date for the gaps in sidewalks would begin
counting when the City accepts the improvements. No additional
extensions were needed for water supply. Mr. Atwood requested a
credit to impact fees for doing the road. Attorney Rosenthal
stated that the improvement was primarily for the benefit of his
development. However, Commission agreed that the portion of the
road south of the southernmost boundary of his project and
Candlewood (about 250 feet) would qualify for one credit toward
impact fees on the next project. Commissioner Hager moved to
approve the preliminary plans for Richfield Subdivision with the
consideration of the four points discussed. Commissioner Dabbs
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City Commission Regular Meeting
November 15, 1988
seconded the motion and the motion carried with unanimous vote in
favor. Commissioners Bateman, Dabbs and Hager voted "Aye."
1st READING-ORDINANCE 88-67, AMENDING CODE REGARDING INDIVIDUAL
OWNERSHIP OF MULTIPLE FAMILY DWELLINGS - Agenda Item VI A 3
Acting City Manager Finch stated that Planning and Zoning Board
wanted to have an opportunity to review this matter. Commissioner
Dabbs moved to defer hearing until after Planning and Zoning Board
consideration. Commissioner Bateman seconded and vote was
unanimous in favor.
WATER MAIN/FORCE MAIN IMPROVEMENT BIDS-FRANKLIN ST./OCOEE-APOPKA
RD. INTERSECTION - Agenda Item VI A 4
Acting City Manager Finch recommended rejecting bids received and
readvertising as the lowest bid exceeds the estimate of the cost
of the project by 38%. Commissioner Hager moved to reject bids
and readvertise as recommended. Commissioner Bateman seconded and
vote was unanimous in favor.
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AUTHORIZATION TO PAY COST OF NICOLE BLVD. LIFT STATION REPAIR-
Agenda Item VI A 5
Acting City Manager Finch explained that the lift station on
Nicole Blvd. needs rehabilitation and requested authorization to
transfer $21,700 from Wastewater Contingency Fund to pay the cost.
Commissioner Dabbs moved to approve the transfer of funds to pay
the cost of repair of the lift station subject to putting it out
to bid. Commissioner Hager seconded and vote was unanimous in
favor.
AUTHORIZATION TO PAY COST OF LIFT STATION REPAIR AND SEWER LINE
REPAIR ON LITTLE SPRING HILL DRIVE-Agenda Item VI A 6
Acting City Manager Finch requested a transfer from Wastewater
Contingency Fund to cover the cost of expenses incurred when a
road collapsed due to a break in a sewer lateral on Little Spring
Hill Road. The cost includes excavating and cleaning out the sand
and repairing a pump damaged by the sand in the line in the
amount of $7,000 plus about $500 for the street department
assistance. Commissioner Hager moved to approve the transfer of
the funds and Commissioner Bateman seconded. Vote was unanimous
in favor.
Mayor Ison pointed out to staff that we are maintaining several
lift stations for a fee for homeowner associations and that fee
does not include this type of repair. Neither do we want to
accept those facilities for our own under any circumstances.
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REPORT ON BOWNESS ROAD PROJECT - Agenda Item VI A 7
Acting City Manager Finch suggested assessing property owners for
construction of Bowness Road. City Attorney Rosenthal pointed out
that the largest property owner involved is Tiger Paw, which is
outside the City limits. Mayor Ison said that that had been
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City Commission Regular Meeting
November 15, 1988
discussed before and that an interlocal agreement with the county
to assess those parcels would be in order.
POLICE CHIEF AUTHORIZED TO PURCHASE UHF PORTABLE RADIO
Agenda Item VI C 1
Commissioner Dabbs moved to approve the purchase of a portable UHF
radio for use by the investigator with funds from the forfeiture
account. Commissioner Bateman seconded and vote was unanimous in
favor.
REPORTS AND INFORMATION - CITY MANAGER - Agenda Item VII A
Acting City Manager Finch reported that our application for a
grant for the Withers-Maguire House placed 49 out of 95. Only the
top 30 receive funds.
A quote of $900 for the Veterans' Monument has been received and
he suggested a contest be held in the local schools to get the
text to be engraved on the monument. It was agreed that a savings
bond should be awarded to the winner and the winner should be
chosen by a representative of the VFW.
.
The police department wishes to spend $500 to purchase a VCR and
monitor for training. Consensus was to go ahead. Mr. Finch said
that the police department also wants authorization to pursue
funding sources for $3,700 toward the possibility of expanding
their office space. There was a question raised here whether the
expansion was to be with a modular building or trailer as that is
a particularly sensitive area of concern.
Acting City Manager Finch reported that he has had many calls
regarding the matter of animal control. Mayor Ison announced that
the League of Mayors will be meeting with the Orange County
Commissioners at the House of Beef to address this on November 30
at 8:00 a.m., and a follow-up meeting is scheduled for sometime in
January.
Mr.
out
the
Ison
kept
Finch reported that Wastewater Supervisor Holland was called
to take care of a sewage spill from M & M Utilities Sunday and
problem is compounded by many other problems as well. Mayor
stated that an accurate record of the cost incurred should be
in order to place a lein on the property.
.
Mr. Finch said that the praise from commission to City Planning
Director Behrens and Assistant Associate Planner,Claman was well
deserved as they are doing well the job they had been assigned to
do. However, Mr. Finch noted that one of the reasons they are
able to be dedicated to do the job they had been assigned was
because Associate Planner Harper and Department Secretary King had
been doing a phenominal job of taking care of the daily work load.
.
.
.
Page 13
City Commission Regular Meeting
November 15, 1988
At Acting City Manager Finch's request a special meeting was set
for commission to give him specific direction. The meeting will
be held in the conference room for either Saturday, November 19 at
7:00 a.m. or Tuesday, November 22 at 6:00 p.m., depending on
whether Commissioner Johnson can be available for Saturday
morning.
COMMENTS FROM COMMISSIONERS - Agenda Item IX
Mayor Ison noted that he has consolidated the occupational license
fees on one page and wants a like report to be prepared for the
next meeting as a worksheet for the discussion.
Mayor Ison congratulated Commissioner Dabbs on remaining in office
for another term.
Commissioner Dabbs reported that there is someone living in the
trailer on Mrs. Reaves property on Franklin Street and someone
should check into it. He asked again that someone verify that the
set back for the new two story house on the corner of Bluford
Avenue and Orlando Avenue was correct. Commissioner Dabbs also
noted that there are still trucks parked in the vacant lots on
Silver Star Road.
Commissioner Hager said that the lot next to AAA Hardware Store
still has high grass. Mayor Ison instructed staff to mow the lot
and assess the owner.
Commissioner Bateman - No Comment
Mayor Ison asked for permission to authorize Acting City Manager
Finch and the consulting engineers to write to the Turnpike
Authority requesting that Exit 80 be removed in favor of a beltway
exchange exit. He then invited all present to the mayors'
breakfast to be held at the House of Beef on November 30 at 8:00
a.m. .
ADJOURNMENT
Meeting adjourned at 1:32 a.m.
~L R d/AYv
Thomas R. Ison, Mayor