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HomeMy WebLinkAbout12-06-88 . . . Agenda 12-20-88 Item III A MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, DECEM8ER 6, 1988 Mayor Ison called the meeting to order at 7:35 p.m. Commissioner Dabbs led in prayer and Mayor Ison led in the pledge o~ allegiance to the ~lag. PRESENT: Mayor Ison; Johnson; Acting City Public Works Director Clerk Resnik. Commissioners Hager, Combs, Dabbs, and Manager Finch; City Attorney Rosenthal; Brenner; City Clerk Gra~ton; and Deputy A8SENT: None. PRESENTATIONS AND PROCLAMATIONS Mayor Ison said the new policy ~irst regular pertaining to second meeting development. before the meeting began he wanted to explain on Commission meetings. The Mayor said the meeting o~ the month would involve items citizens and local business people and the would entail items dealing with growth and Mayor Ison also welcomed Commissioner Combs to his ~irst regular Commission meeting as a new City Commissioner. Commissioner Bateman who recently le~t that o~~ice was in the audience and Mayar Isan said he hed a special presentation to make to him on behal~ o~ the City. Commissioner Bateman was presented with his personal parking sign that had been at the City Hall complex. Commissioner Bateman thanked everyone ~or the gi~t and said he would treasure it. Mayor Ison pointed out that Officer Tyrone Owens was in attendance and the Mayor wanted to express his support on behal~ o~ the City in light o~ the recent investigations he was going through. The Mayor presented O~~icer Owena with one o~ his dollar bills as a sign o~ the City~s support ~or him. Mayor Ison commented that the City had participated in a so~tball game the previous weekend and asked Commiesioner Johnson to show the trophy the City had won. Commissioner Johnson said the game was to celebrate the opening of a new city park. City of~icials and employees played against developers who were responsible for donating the land and materials ~or the park. Mayor Ison Strickland, transplant. cost $175,000 explained that an Ocoee resident, Herbert was currently in Atlanta awaiting a heart The Mayor said the operation was estimated to and he wanted to help out by passing the hat at 1 . Page 2 City Commission Meeting December 6, 1988 the meeting. The Mayor pointed out that another citizen, Cathie Doss, was at the meeting on behalf 0% Mr. Strickland and that she would collect the money at the end. . Ci~y Manager Presentations Acting City Manager Finch presented Employee and Supervisor of the Month Awards for October and Nove~ber. City Manager Finch said the awards were formally presented to individuals at Cit,y Hall but he 'felt it would be a nice change to begin presentations at the Commission meetings. He commented that tonight~s awards were also special because the employees who would be receiving them were not aware that they would be acknowledged 'for their work. Teri Batta, Finance Clerk, was awarded Employee o'f the Month 'for October and Lt. Russ Hickmon was the October Supervisor of the Month. Jerry Bass, Street Department Repairman, was awarded Employee o'f the Month 'for November and the entire Planning Department including Bruce Behrens, Director of" Planning, Julian Harper, Senior Planner, Liaa Clamans, Associate Planner, and ~llen King, Planning Department Secretary, were awarded Supervisors of the Month for November for all of their efforts an the Comprehensive Plan process. City Manager Finch said the ataf"f" also wanted to present Aesistant City Attorney Duke Woodson with a certificate of appreciation for all of" his ef"f"orts on the Comprehensive Plan and the Water and Wastewater Capacity Sale. City Attorney Rosenthal accepted the award on behalf of" his associate since Attorney Woodson was unable to attend the meeting. City Manager Finch handed out a memorandum to the Mayor and Commissioners and read the memo for the audience in which he inf"ormed the Commission that he had received the of"f"er from Mount Dora for the City Manager position he had applied for and that he had accepted the new Job. He said his last day with the City of Ocoee would be January 6, 1989. He said the decision to leave was made difficult because he had enJoyed working with the city employees very much. Mayor Ison said he had a proclamation he wanted to read that would proclaim December 5 through December 9 as Dispatcher Appreciation Week. The Mayor read the proclamation in its entirety and told Police Chief Boyd to let the dispatchers know that the City appreciated the work they were doing. . West Orange Mature Citizens Invitation - Mr. Melvin Shaner Mr. Shaner said he wae at the meeting to invite the Commissioners and their wives to the Mature Citizens" Annual Christmas Banquet. He said he had the opportunity to speak 2 Page 3 City Commission Meeting 4It December 6, 1988 with the Commission members individually before the about the party and hoped that everyone would be attend. meeting able to APPROVALS - CONSENT AGENDA Mayor Ison said there were only two items on the Consent Agenda, the Canvassing Board Minutes o~ November 9 and the Canvassing Board Minutes of November 23, 1988. Commissioner Hager moved to approve the items on the Consent Agenda, Commissioner Johnson seconded, and approval was unanimous. OLD BUSINESS . Discussion/Direction Regarding Interi. City Manager and Other Staff Posit.iona Mayor Ison said he had written a memorandum to the Commissioners about the possibility o~ former Commiesioner Bateman serving as Interim City Manager. The Mayor said if the Commission so desired, Mr. Bateman would serve in the office (without pay) until the position was filled. Mayor Ison said the CityJs goal would be to have a new City Manager hired by January 17 and then to have the City Manager hire a new City Engineer by January 24 and a Building Manager by January 31. Commissioner Hager asked Mr. Bateman for the record if he was willing to serve in the capacity as the Mayor explained it. Mr. Bateman said he would accept the appointment if it was the desire of the full Commission. Commissioner Johnson moved to approve the temporary appointment of Mr. Bateman as City Manager, Commissioner Combe seconded, and approval was unanimous. COMMENTS FROM CITIZENS/PUBLIC There were no citizens present who wished to make any comments. NEW BUSINESS Special St.axf Report.s - Act.ing City Manager Finch Acting City Manager Finch said sta~~ was seeking direction on how to proceed with the matter of M&M Utilities. City Manager Finch said that several things had taken place since . 3 . Page 4 City Commission Heeting Dece.ber 6, 1988 the sta~~ report was devised and that the sta~~ no longer supported the recommendat.ion it had made. City Hanager Finch asked City Attorney Rosenthal to discuss the issue in detail. City Attorney Rosenthal said he had been involved in discussions in the last 36 hours with the Florida Public Service Commission, the Department 0% Environ~ental Regulation, and Orange County. Attorney Rosenthal said the Public Service Commission had the abandonment 02 M&M Utilities on one o~ their meeting agendas and that an emergency order would be made to ensure that the money collected from those utility customers would be put in a fund to remain for those customers. Attorney Rosenthal said the order was made because the utility company bills customers quarterly and was currently in the process of billing. . Attorney Rosenthal said according to the Public Service Commission, the approved, current certi~icate holder 0% the utility was Clif~ord R. Freeman under the name of West Orange Utilities and that it was not Michael Minton. It was found through title searches that Mr. Minton transferred certain parts of the utility in June 1988 to Land Investment Agency for S55,500. Attorney Rosenthal said Mr. Freeman is President of Land Investments. Attorney Rosenthal said the transfer was against Florida Statutes because the transfer of public utility facilities would need Public Service Commission approval. He said the transfer may be void because 0% this. . Attorney Rosenthal said Orange County would need to address the procedure where Mr. Minton was abandoning the utility. Under this abandonment, Orange County would be responsible for appointing a receiver of the property. Attorney Rosenthal said Orange County has requested that Ocoee be the receiver. Attorney Rosenthal said responsibilities of the receiver would include operation of the utility until a permanent owner could be found. The receiver would have all the responsibilities of operating the facility so as not to )eapardize service to the cuetoners and to act in the best interest of the utility. City Attorney Rosenthal recommended that the City decline Orange County~a request to act as receiver. Attorney Rosenthal said the interests of the City and the interests of the receiver were adverse financially. As receiver, the City would have to maximize the assets of the utility but would also need to pursue complaints from customers that could be costly. He suggested the City not get involved in this due to its current financial condition. He said the receiver may not get paid for operating the 4 . Page 5 City Commission Meeting Dece~ber 6, 1988 utility and that Tom Kelley of Professional Engineering Consultants esti~ated in a study that ne.cessary improve~ents to the system could total in the neighborhood of Sl million. Attorney Rosenthal added that the money would need to come from the General Fund and not the Wastewater Fund and that was of great concern to him. Attorney Rosenthal said the notice of abandonment was not done under Department o~ Environme.ntal Regulation COER) guidelines and that the public health and sa~ety was not given much consideration; however, DER said the utility was currently operating under ~ull compliance and that DER would not intervene at this time. Attorney Rosenthal said Orange County might go to court to get the City o~ Ocoee appointed as the receiver. Attorney Rosenthal restated that his recommendation was to not take the receivership appointment, to not expend any o~ the City~s money on finding a solution, and to try to get other governmental entities to contribute monies to help solve the problems. . Mayor Ison said the City had a similar problem several years ago with the Roper sewer facility. A prominent Ocoee resident, Mr. Lassiter, became the receiver for that utility and the City took over a~ter the problens were straightened out. Attorney Rosenthal said he wanted to stress that the laws were not strong on this particular issue and that it would be a struggle, particularly if the City became the receiver. Commissioner Hager said he was a Commissioner during that last takeover and it was a costly experience ~or the City and ~or Mr. Lassiter. He agreed that the City should avoid being appointed the receiver, especially because of the unknowns and ~oney that would be involved. Attorney Rosenthal said the appropriate motion if the Commission so desired would be to move that the City decline the Orange County request that Ocoee be appointed the receiver and that the Commission direct the City Attorney to work against being appointed. Commissioner Hager moved to approve o~ that motion, Commissioner Dabbs seconded, and approval was unanimous. . Reeo..ended Purchase 0% Sludge Truck Acting City Manager Finch said sta~f was recommending the City purchase a truck to haul sludge rather than that paying 5 . . . Page 6 City Commission Meeting December 6, 1988 private haulers. He said the City would pay roughly $21,000 ~or the year to have sludge hauled away. The lease-purc.hase o~ a truck would cost about $21,000 a year. City Manager Finch said the purchase would put the City in a better position since it was a break-even deal but the City would own the truck a~ter ~our years. He said Winter Garden hauls its own sludge as a money-saving measure. Commissioner Combs asked if a large down payment would be necessary. City Manager Finch said it would be minimal. Commissioner Dabbs aaked if the truck would require more staff for the Wastewater Department. Wastewater Department Supervisor Robert Holland said no additional ata~f people would be necessary. Commissioner Dabbs moved purchase o~ a sludge truck, approval was unanimous. to approve pursuing the lease- Commissioner Comba seconded, and Reco..ended Award o~ Bid *104 ~or Rehabilitation of Li~t Station on Nicole Boulevard Acting City Manager Finch said two bids had been received for work on the Nicole Boulevard lift station #1. Public Works Director Brenner said the low bid was for $21,380 and the company had an excellent reputation. He recommended approval of the bid. Commissioner Johnson asked whether Pro~essional Engineering Consultants had inspected this lift station as part of its inspection of inventory before the City purchased Prima Vista Utilities. Wastewater Department Supervisor Holland said that the lift station was fairly new and was not checked in that inspection process. Supervisor Holland said the problem was found because the Wastewater Department recently established an inspection process of ita own. Acting City Manager Finch said part o~ the problem with this particular lift station was that it was located at the end o~ the system and therefore had the potential for more problems with the build up o~ sludge, etc. Commissioner Johnson moved to approve the recommended bid award and Commissioner Dabbs seconded. Commissioner Combs asked whether the City required the company to post a bond for the Job and Supervisor Holland said yes. The vote on the motion to approve the bid was unanimous. Requested Direction Regarding Use o~ Property at 525 N. Lakewood Avenue Owned By Mra. France. Kelley Acting City Manager Finch reminded the Commission that they had recently approved of the noncon~orming use 07 the property at 525 Lakewood Avenue with the understanding that any business located there would not be beyond the scope o~ previous occupants. City Manager Finch said the proposed 6 . . . Page 7 City Commission Meeting December 6r 1988 occupant wanted to sell satellite dishes and wanted to locate two 10-12 ~oot diehes on the property itself. Sta%~ said it ~elt this was expanding the use beyond that discussed and was there~ore bringing it before the Commission again for their opinion. Commissioner Johnson asked whether one of the dishes could be located in Mrs. Kelley~s back yard that abutted the rental property. Mayor Ison asked whether it would meet setback requirements. Acting City Hanager Finch eaid etaff would recommend approval of the occupational license if the dishes could be placed to meet setback requirements. Commissioner Dabbs moved to approve the nonconforming use of the property subJect to the setback requirements, ComMissioner Johnson seconded, and approval was unanimous. Requested Direction Regarding Surplus Property Acting City Manager Finch said there were three pieces of property the City owned that it might want to consider selling. One 0% the pieces ~ae a 3-4 acre parcel located by the Industrial Park, one was the property where the Street Department was currently located, and the third wae Dn the South Maguire Road extension. Acting City Manager Finch recommended that the City get appraisals for these pieces of propertYr then advertise the sales and take closed bids, and award the properties to the highest bidder. City Manager Finch said he recommended that the buyer also pay for the appraisal of that particular property. He also recom~ended that the City especially notify nearby landowners and local realtors. Commissioner Hager said he had never known the City to sell property and did not think it wae the appropriate thing to do. He asked if the City wae in that bad of shape that it had to resort to selling property. Commissioner Johnson said if the City sold the property it could use the money to build a better public works facility so the barn could be turned into a recreational facility and nearby residents would not have to put up with living next to the garage with the garbage trucks, etc. Commissioner Dabbs ~sked how much property the City owned at the location of the Street Department. Acting City Manager Finch said there wae about 1/2 acre at the most. The Maguire Road piece was also 1/2 acre or less. 7 . Page 8 City CommisB~on Meeting December 6, 1988 Commissioner Dabbs also wanted to know if the City obligated to put the money into a certain place. Acting Manager Finch said the money would not be tied to particular ~und and could be used as general revenue. was City any There was discussion about using the money to build a new public works ~aci Ii ty au the prl=..pert.y at the A. D. Mims wastewater treatment plant site. Commissioner Dabbs said he thought the Commission was theoretically headed in the right direction and he was not opposed to selling the land but would not com~it to building a new complex. Mayor Ison said he wanted to make sure citizens were given notice of the proposed sales. (~ommissioner Johnson moved to approve getting appraisals on the three pieces 07 property and then advertising the sale and Co~nissioner Dabbs seconded. The vote on the motion was 3 to 1 in 7avor with Commissioner Hager voting against. . Acting City Manager Finch said he wanted to call attention to a few other matters. He reminded the Commission about the Christmas Parade and that they would need to be in Winter Garden first. He said Winter Garden had made the arrangements this year 70r the Mayors and Commissioners and that they would be riding in convertibles. Acting City Manager Finch said the City held the public auction an the previous Saturday and it was very success7ul. He wanted to thank Sgt. Ken Fisher of the Police Department for being the auctioneer and for the others who helped make it such a success. City Manager Finch said the City raised $4,500 ~rom the sale. Acting City Manager Finch requested that the Commission approve granting the City employees money for their Christmas party. He said that Foley & Lardner had made a contribution of $300 to be used 70r either the employee picnic or the Christmas party. Because the money was not expended in the last fiscal year, it had automatically been placed in the unappropriated cash reserves. City Manager Finch asked the Commission to approve those funds and $500 from the public auction for the Christmas party. Commissioner Johnson moved to approve the request, Commissioner Combs seconded, and approval was unanimous. . Mayor Ison pointed out that Tom Hendrix of the Lions Club was in the audience and he asked whether he wanted to speak on the parade since the Lions Club was the sponsor. Mr. Hendrix said that he also wanted to extend the invitation 8 . Page 9 City Commission Meeting Dece~ber 6, 1988 to Commi55ioner B~teman and Acting City Manager Finch to ride in the parade as well. Mayor Ison reminded the COM~issioners to be in Winter Garden by 9:30 a.m. on Saturday. Acting City Manager Finch said in recognizin9 the City~s dispatchers during National Dispatcher Week, it might be a good time to discuss the present situation with dispatchers in our Police Department. He said two dispatcher positions were cut through attrition during the budget process and that currently there were ~our dispatchers including the supervisor. Chie~ Boyd requested that the Commission consider adding one more dispatcher position to provide relie~ to the current etax~ who were having to work longer shi%ts. Acting City Manager Finch said sta%~ would make a xormal recommendation at the next Commission meeting. . Special Staff Reports - Public Works Director Brenner Public Works Director Brenner said %our companies had submitted bids that included the testing services they would provide. He said sta%z recommended that the Commission approve awarding the Job to the low bidder, Ardaman and Associates. Public Works Director Brenner said the company was a reputable ~ir~ and the City had worked with them in the past. The bid was zor a total oz $2,745 with a $400 contingency. He said the money for the proJect was available in the Bowness Road Construction Fund. Commissioner Dabbs said he was not opposed to this but wanted to know why the ground breaking had even been considered in the past when the sails had not yet been tested and SOMe o~ the necessary right-o%-way was still needing to be negotiated for. Public Works Director Brenner said the bid ~or soils testing was zor testing that was to be ongoing during the proJect and that all o~ the pre-soile testing had already been done. He said he would need to direct %urther questions to the City Attorney. Acting City Manager Finch said it was not the City Attorney who was responsible for the proJect. He said sta1x was currently working on acquiring the last zew pieces oz necessary right-ox-way but that he felt confident there would not be any maJor hindrances in that process. . Mayor Ison wanted clarification that the City had a ProJect Manager zor Bowness Road and he wanted to know who that was. Acting City Manager Finch said he was doing most 01 ttle work right now but that the proJect would be turned over to Public Works Director Brenner when the actual construction got underway. Mayor lson said he wanted matters resolved as soon 9 . . . Page 10 City Commission Meeting Dece~ber 6, 1988 as possible and that this was a priority. City Manager Finch said the contractor ~or the Job had granted the City an extension until January. He said he planned on meeting with one o~ the landowners at the end o~ the week to ~ir~ up the purchase o~ right-o~-way. Commissioner Dabbs moved to approve the granting o~ contract to Ardaman and Associates~ Commisaioner seconded, and approval was unanimous. the COl'llba REPORTS AND INFORMATION - CITY MANAGER Acting City Manager Finch had no ~urther reports at this time. CITY ATTORNEY Recommended Approval o~ Revised Water/Sewer Agreement (Pult.e Hom..) City Attorney Rosenthal said he would present the report in the absence o~ Assistant City Attorney Woodson. Attorney Rosenthal said the Pulte Home Corporation had requested several changes in its Developer Agreement and that Assistant City Attorney Woodson had negotiated with them on the changes. Attorney Rosenthal recommended approval of the standard Developer Agreement with the Section 25 addition. He reminded the Commission that this change was similar to the action taken on the Arbor Health Care Agreement. Commissioner Dabbs said he was skeptical of Pulte Homes and wondered i~ the company intended to indeed purchase the property. He said the Com~isaion was told in October that the purchase was going to take place. Attorney Rosenthal said Pulte said it was prepared to sign the papers 11 this last request was granted by the Commission. Pedro Vergne, Vice President, Pulte Home Corporation, said Pulte did close in October subJect to certain conditions. He said the company wae proceeding with investigative matters and its purpose was to close on the property but not without all the investigations taking place. He added that Pulte had already submitted development plans to the City. Commissioner Johnson moved to approve the additional language in the Development Agreement on the recommendation o~ the City Attorney, Commissioner Hager seconded, and approval was unanimous. Commissioner Hager and the Mayor expressed their desire that this not be prolonged any longer. 10 . Page 11 City Commission Meeting Dece~ber 6, 1988 City Attorney Rosenthal said he wanted to request that a workshop take place in the near future to discuss some outstanding matters including the current status ox the Stucki litigation regarding the south central drainage basin, the Kissimmee Avenue water plant expansion, and issues relating to Bowness Road. It was decided that a workshop would be held at 6 p.m. on Tuesday, December 20 in the Community Center Training Room. Hayor Ison said the above items would be discussed and if the matters were not resolved in time xor the regular meeting to begin, the Comnlission would end the workshop, reconvene in the regular meeting place for Commission meetings, call the regular Commission meeting to order, and then recess to finish the workshop. City Attorney Rosenthal said he would aleo like to take some time at that workshop to highlight the changes to the City Charter that the Commission needed to be made aware of before the beginning ox the new year. COMMENTS FROM COMMISSIONERS . Mayor Ison wanted memorandum they had adjustments xor City the issue. He said entail an expenditure to remind the Commissioners 01 the received on the one-time annual pay employees if someone wished to address if implemented, the adjustments would of $27,468.81. Commissioner Dabbs said as an act of good faitb, he felt it was necessary to do something for the employees. He said since Mr. Bateman had agreed to serve the City without pay, that the savings on the City Manager~s salary could go to this cause and the remainder of the funde could be taken from another account so as to mitigate the damage. It was also suggested that the $4,000 from the surplus sale be used for this purpose. Commissioner Dabbs recommended approval ox the one-time annual pay adJuet~ent, Commissioner .Johnson seconded, and approval wae unanimous. . Commissioner Combs wanted to thany. everyone who had helped him with his campaign and xor the voters who braved the rain in the runoxf election. He especially thanked Mary Ellen Frame, Cathie Doss, and Ivan and Barbara Poston xor their work on his behalf. He also wanted to let the Commiseioners know that he thanked them xor their help and support in getting started and wanted them to know that he may not always vote with them, but that he hoped that it would not be taken personally. He said he appreciated their goad wishes and said he had big shoes to fill but looked forward to working ae a Commissioner. 11 . P~ge 12 City Commission Meeting December 6, 1988 Commissioner D~bbs said he wanted to see the Commission do something about the Development Review Committee meetings. He still ~elt the City needed to establish a new process that would work. He said ~rom the minutes o~ the ~eetings it seemed the Committee was still not ~ollowing through on matters that would run on xor months and that someone had to take charge. Mayor Ison suggested that the Commission hold a workshop in January to discuss this and establish policy to give sta~~ direction. The workshop was set ~or Tuesday, January 3, at 6:30 p.m. The Commission aleo asked that they be notixied o~ Development Review Committee meetings so they could have the option ox attending. I~ aore than one member expressed the desire to attend, stax~ was also directed to noti~y the appropriate media in accordance with the statels Sunshine Law. . Commissioner Dabbs also wanted to let the Commission know that he had been reappointed to the Florida League D~ CLties. Intergovernmental Relations Committee. He said they were meeting on December 16 but that he had a commitment at school that was o~ higher priority. He said his school had been chosen as the location ~or a video taping and that he wanted to be there. Commissioner Dabbs said i~ one o~ the Commissioners wanted to attend the meeting he would give them the necessary inxormation or he would provide a report on the meeting at a later time. Mayor Ison said the matter o~ requests ~or proposals ~or engineering consulting would be taken up at the next meeting. Commissioner Dabbs said the Mayor had some good ideas about dividing the City into quadrants or using short lists ~or consulting services. He thought it would be a good idea to have three or xour ~irms on hand ~or bid purposes. Mayor Ison said the matter would be discussed at the workshop on January 3. Commissioner Johnson asked about the possibility of parking the garbage trucks at the wast.ewater treatment plant. He said it worked out well when the surplus sale was held at the City garage and the trucks were not there. He wondered why the trucks could not be kept at the wastewater plant all the time. Acting City Manager Finch said he did not have a problem with it as long as the trucks were parked on a paved area in accordance with City Code. . Commissioner Johnson also wanted to thank the people who had helped him in his reelection campaign. He said he had gained a lot o~ respect ~or his ~amily. He said he appreciated the 12 . . . Page 13 City Commission Meeting Dece.ber 6, 1988 chance to serve two more years and especially wanted to thank his wi%e and wanted her to know that he appreciated her. Commissioner Hager wanted to thank the City staff for taking care of the clean up he requested on some vacant late. He said he appreciated the quick response to the problem. AD30URNMENT: '3 : 40 p. 111 . MAYOR ATTEST: \ 1/1 f ,/\IA." !/?l --~~-~~------- DE(J_V CLERK RESNIK 13