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HomeMy WebLinkAbout08-16-94 MINUTES OF THE CITY OF OCOEE BOARD OF COMMISSIONERS REGULAR ~ MEETING HELD August 16, 1994 CALL TO ORDER Mayor Vandergrift called the regular meeting to order in the commission chambers at 7: 30 p.m. Commissioner Combs led in the prayer and Mrs. Hilda Ems led in the pledge of allegiance. The roll was called and a quorum decla:e~ent. Mayor Vandergrift announced that Commissioner Foster was not present due to:- in his family and that former Mayor Dabbs was ill in the hospital. PRESENT: Mayor Vandergrift, Commissioners Combs, Gleason, and Johnson. Also present were City Manager Shapiro, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Planning Director Wagner, and City Clerk Grafton. ABSENT: Commissioner Foster PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift read two proclamations: one proclaiming Constitution Week to be September 17 - 23, 1994, and one proclaiming National Osteopathic Medicine Week to be October 9 - 15, 1994. '-" CONSENT AGENDA The consent agenda consisted of items A, B, C, D, and E. After a brief discussion regarding item B, Commissioner Gleason. seconded bv Commissioner Combs. moved to approve and accept the consent agenda as presented. Motion carried 4-0. A. Acceptance and Approval of Minutes of the Re~lar Meetin~ held Au~ust 2. 1994 and Budf:et Workshops held Au~ust 3 and 4. 1994. B. Approval and Authorization for Mayor and City Clerk to Execute Extension of Final Subdivision Plan for the OAKS at Starke Lake. C. Approval and Authorization to purchase an Ice Machine for City Garage. D. Approval and Authorization for Mayor and City Clerk to Execute School Resource/DARE Officer A~reement with Oran~e County School Board. E. Approval and Acceptance of Cross Creek Subdivision Phase I Final Plat. COMMENTS FROM CITIZENS/PUBLIC Mr. Ken Osleger, 1054 Chesterfield Circle, Winter Springs, representing the Home Builders Task Force, said that Saturdays and Sundays are the most productive days for selling homes and tests had shown a definite advantage for the seller when signs are displayed roadside. Mr. Osleger said that they are working with other cities as well as Ocoee and are requesting adoption of a sign ordinance permitting builders to take out permits to use directional signs on roadways. He requested a workshop with Commission to give consideration to such an ordinance in the City of Ocoee. ~ -... Ocoee City Commission Regular Meeting August 16, 1994 Mr. Jack Buescher, 8520 Black Creek Boulevard, Orlando, 32829, representing Mercedes Homes, talked about the advantages of using signs and suggested that the City is paying to have the signs removed when instead they could create revenue up front by charging for and permitting their use. Mr. Frankie Callen, 621 East Central Avenue, Orlando, 32802, Greater Orlando Association of Realtors, spoke in support of Mr. Osleger and Mr. Buescher. After considerable discussion, consensus was reached to place the scheduling of a workshop on the September 6, 1994 agenda. PUBLIC HEARINGS PROPOSED SETTLEMENT AGREEMENT AND RELEASE: RONALD L. STUCKI AND DISCOUNT DEALS, INC. VS. CITY OF OCOEE AND RUSSELL B. WAGNER. City Attorney Rosenthal explained that this item is on the agenda in order for Commission to authorize the execution of the settlement document. He then highlighted the proposed Settlement Agreement and Release as follows: 1) The Plaintiffs will receive a total settlement payment of $25,000 which will be funded one-half by each insurance carrier. '-'" 2) The payment to the Plaintiffs is not considered an admission by the City and no past or present wrong doing on the part of the City is implied by such payment or negotiations. 3) The Plaintiffs and Defendants are executing mutual general releases. The release by the City specifically provides that it shall not be construed as a release with respect to any violations of law (including municipal ordinances) which are unrelated to the subject of the litigation or which may arise in the future as a result of any acts of the Plaintiffs subsequent to the settlement. This specific provision was added at the request of the City Attorney. 4) Concurrent with the execution of the Settlement Agreement and Release, legal counsel for the Plaintiffs will deliver a dismissal, with prejudice, of the litigation. This will be filed with the Circuit Court and the case will be dismissed. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Johnson seconded b Commissioner Combs moved to a rove the ro osed Settlement Agreement and Release between Ronald L. Stucki and Discount Deals. Inc. (Plaintiffs) and the Citv of Ocoee and Russell B. Wagner (Defendants) in Case No. CI89-9604 "-' 2 ~ Ocoee City Commission Regular Meeting August 16, 1994 and authorize execution thereof bv the Mavor and Citv Clerk. On roll call Commissioner Combs voted "ave." Commissioner Gleason "ave." Commissioner Johnson "ave." and Mavor Vandergrift "ave." Motion carried 4-0. OTHER BUSINESS First Reading of Ordinances. Second readings and public hearings are scheduled for September 20, 1994. ORDINANCE NO. 94-22, RELATING TO THE RIGHT-OF-WAY UTILIZATION PERMITTING PROCESS. Ordinance No. 94-22, relating to the right-of-way utilization permitting process, was presented by title only for the first reading. Mayor Vandergrift announced that the second reading and public hearing for this ordinance will be held September 20, 1994 at 7:30 p.m. ORDINANCE NO. 94-23, RELATING TO PROCEDURES FOR REFUND OF WATER/SEWER DEPOSITS. Ordinance No. 94-23, relating to procedures for refund of Water/Sewer Deposits, was presented by title only for the first reading. Mayor Vandergrift announced that the second reading and public hearing for this ordinance will be held September 20, 1994 at 7:30 p.m. ~ As the change in the policy regarding utility deposits proposed in Ordinance 94-23 provides for interest to be paid on utility deposits beginning October 1, 1994, Commissioner Johnson. seconded bv Commissioner Gleason. moved to authorize Administrative Services Department to begin the refund program prior to October 1. 1994 without interest for those consumers cUfrentlv meeting the profile. i.e.. those consumers who have had deposits with the Citv for at least twentv-four (24) consecutive months without having water service shut-off or having a notice of lien recorded for non-pavment. Motion carried 4-0. RESOLUTION NO. 94-17, RELATING TO SEWER AND WATER REVENUE AND MAINTENANCE FEES. Resolution No. 94-17, establishing Sewer and Water Revenue and Maintenance Fees for water and sewer capacity customers and a mechanism by which the monthly charges increase annually was presented by title only. Administrative Services Director Beamer advised that this Resolution was presented at this time because the new figures were used in the budget and she wanted to assure that the developers had due notice. Mavor Vanderlffift. seconded bv Commissioner Gleason. moved to adopt Resolution No. 94- 17. relating to sewer and water revenue and maintenance fees. and to authorize Mavor and City Clerk to execute. Motion carried 4-0. ~ 3 Ocoee City Commission Regular Meeting ~ August 16, 1994 DISCUSSION RE: NEGOTIATIONS WITH SUN BANK, N.A. FOR BANKING SERVICES. Administrative Services Director Beamer presented the information regarding the bids for banking services, indicating that responses were received from Am South Bank, Barnett Bank, Nations Bank (no bid), SouthTrust Corporation, and Sun Bank, N.A. Ms. Beamer advised that the proposals had been evaluated by a committee consisting of the City Manager, Administrative Services Director and Finance Manager with the committee ranking Sun Bank, N.A. and Barnett Bank #1 and #2 respectively. Commissioner Johnson. seconded bv Commissioner Combs. moved to authorize the committee to proceed with negotiations with Sun Bank. N .A. with change of banking services to be effective October 3. 1994. Motion carried 4-0. DESIGN PROPOSAL - WATER SUPPLY WELLS City Engineer Shira recommended and requested authorization for Mayor and City Clerk to Execute Addendum No. 94-4 in the not-to-exceed amount of $23,432 to P.E.C. for Contract Design Services for 2 New Water Supply Wells. Commissioner Johnson. seconded bv Commissioner Combs. moved to approve staff recommendation as presented. Motion carried 4-0. RECESS 8:40 P.M. TO 8:50 P.M. '-' DISCUSSION RE: FUTURE TV COVERAGE OF COMMISSION MEETINGS City Manager Shapiro talked about the past and future coverage of the commission meetings and introduced Mr. Drake Wayson, president of General Projections Systems, retained by the City to do the TV/Audio system in the new City Hall. Mr. Shapiro explained that the Commission meetings will continue to be held in the community center through the month of September as the public hearings had been advertised for that location. Each member of the Commission in turn expressed appreciation to Walt Cobb, Doug Knoblett, Don Wagner and Kooje Kwelli (who are the leaders at Westside Vo-Tech responsible for the TV crews in training) for their dedication and efforts to televise the meetings for the public. It was agreed that, although the productions were not flawless, efforts should be made to continue the service to the people, and arrangements should be made to coordinate with the Vo-Tech team in training. Mayor Vandergrift moved to ask Westside Vo-Tech to get with the City staff to talk about a community channel. This motion was withdrawn when remarks were expressed in opposition to the idea. Mavor Vander!rrift. seconded bv Commissioner Combs. moved to ask Westside V 0- Tech to get together with Citv staff to coordinate the changes needed for the new Citv Hall so that the team could continue to operate the cameras for the commission meetings. Motion ~ 4 Ocoee City Commission Regular Meeting ~ August 16, 1994 carried 4-0. Mr. Shapiro will meet with them and bring the matter back before Commission if there is extraordinary expense involved. STAFF REPORTS Mayor Vandergrift left the table and handed the gavel to Mayor pro tern Johnson. City Manager Shapiro reported a large hole in the road at the intersection of Ocoee Hills Road and Flewelling Street caused by the sifting of sand into the corrugated steel pipe storm sewer under the road. Estimates for repair had been solicited by City Engineer Shira and received as follows: DeWitt Excavating, Inc. Linco Construction, Inc. C.A.Meyer Paving & Construction, Inc. $42,500 $81,500 $21,910 Staff recommended authorizing C.A. Meyer to proceed with the work as quickly as possible. ~ MAYOR PRO TEM JOHNSON DECLARED THIS TO BE AN EMERGENCY ITEM. Mayor Vandergrift returned to the table and retrieved the gavel. Commissioner Gleason. seconded bv Commissioner Combs. moved to authorize C.A.Mever Paving & Construction Inc. to oroceed with the reoair to the intersection of Ocoee Hills Road and Flewelling Street as recommended bv staff. Motion carried 4-0. COMMENTS FROM COMMISSIONERS Commissioner Combs: No comments at this time. Commissioner Gleason: 1) Thanked City Clerk for researching through the Base Commander's office at the Naval Air Training Station and finding that the flag currently displayed in the commission chambers is appropriately used. 2) Asked P.P.T.D Supervisor Elmore about the water level of Starke Lake. Mr. Elmore advised that one well is open and flowing and a man is coming Wednesday to check on the second one. Discussion ensued regarding the use of shallow wells to drain areas and the adverse affect on domestic water supply. Commissioner Johnson: 1) Asked if the Amber Ridge Homeowners Association can lease out the maintenance of the retention pond to the City. Mr. Shapiro responded that the Citv crews are having a hard time handling the work load already. 2) Reported high grass at 880 Satin Lea (Lot 74) and asked that the City take care of it according to ordinance and bill the absentee owner. '-' 5 Ocoee City Commission Regular Meeting '-" August 16, 1994 3) Asked Kooje Kwelli of Westside Vo-Tech why there is no TV coverage of the Little League games. Mr. K welli responded that they serve all of Orange County and they get hundreds of requests. They cover as many events as they can within the restraints of the budget. ~ Mayor Vanderl:rift: 1) Reported hole at the railroad crossing on Bluford A venue/Rewis Street and another in Pioneer Key Park II. Mr. Elmore advised that they both had been taken care of today. 2) Asked if the City was out of sync with other entities regarding pot bellied pigs as they are not allowed within the City limits. Commissioner Gleason said that Orange County does not allow them either. 3) Reported that on October 1 Habitat for Humanity will be building a house north of Ocoee and south of the golf course, and that anyone who wished to help should contact Mr. John House by calling 656-4799. 4) Reported faded signs at Coventry. 5) Said the school crossing guard is not helping students cross from the NW comer of Silver Star Road and Bluford Street. Mr. Shapiro will advise the County of the problem. 6) Asked if consideration had been given to reinstating funeral escort service as he requested at the last meeting. 7) Encouraged participation in the West Orange Trail opening ceremony in Oakland on September 3 beginning at 10:00 a.m. Administrative Services Director Beamer advised that she had responded to the West Orange Trail request for a sponsor for the small train ride in the amount of $300 from the Administrative Services account and there would be signs on the train displaying the Mayor's and Commissioners' names. 8) September 3 is opening day for BULLDOGS as well. ADJOURNMENT The meeting adjourned at 9:55 p.m. APPROVED: City of Ocoee < ',:zt \............~ '-' 6