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HomeMy WebLinkAboutV(A) Approval of the Minutes of City Commission Regular Session of June 15, 2004, Work Session of June 1 and June 16 and Special Session of June 21, 2004 Agenda 7/6/04 DniaTT Item V. A. THE OCOEE CITY COMMISSION WORK SESSION TO DISCUSS CITY MANAGER EMPLOYMENT AGREEMENT HELD JUNE 1, 2004 Call to Order Mayor Vandergrift called the work session to order at 6:08 p.m. in the Commission Chambers Conference Room. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were Acting City Manager Williford, City Attorney Rosenthal, Labor Attorney Reynolds Allen, Assistant to the City Manager Shira, Building Official Phelps, City Clerk Grafton, Deputy City Clerk Brasher, Customer Services Supervisor Sills, and Human Resources Specialist Johnson. Discussion Re: City Manager Employment Agreement Labor Attorney Allen briefed those present about the current status of the agreement, saying the candidate, Robert Frank, had been given the most recent employment agreement between the City of Ocoee and former City Manager Jim Gleason and had been asked to redline that agreement to submit as his requests. That document had been received back and distributed to the elected officials for consideration. This work session was called so the Commission could review Mr. Frank's proposals as a body and give direction to the negotiating team. Most sections of the agreement were discussed and consensus was reached as follows: Term Mr. Frank proposed that the agreement remain in full force in effect from June 21, 2004 until terminated by the Employer or Employee as provided in section 7. Compensation and Benefits: Mr. Frank requested $109,500 per year. City will offer $107.500, with COLA on October 1 of the year after one year of employment (but only if other employees get COLA). Fringe Benefits Mr. Frank proposed "Employee shall be eligible for and participate in all fringe benefits uniformly provided to Department Directors of the City at the highest level provided to said employees..." The City will offer health coverage same as other employees. Vehicle: Mr. Frank proposed "Employer agrees to pay to the employee, during the term of this agreement and in addition to other salary and benefits provided, the sum of$600.00 per month as a vehicle allowance to be used to purchase, lease or own, maintain and operate a vehicle. Employee shall be responsible for liability, property damage and comprehensive insurance Ocoee City Commission Work Session for City Manager Employment Agreemen R 1F T June 1, 2004 coverage upon such vehicle and shall be further be responsible for all expenses attendant to said vehicle. Employer shall reimburse Employee at the IRS standard mileage rate for any business use beyond the Central Florida area. The City agreed with this proposal. Equipment: Mr. Frank proposed "... Employee shall be provided a monthly cell phone allowance of $75.00 provided that he maintains such cell phone service at all times during his employment and the cell number is provided to the City Commission and City Department Heads." The City will furnish a cell phone and personal digital assistant (PDA). Deferred Compensation: Mr. Frank proposed "In addition to the salary paid to the Employee, the City agrees to contribute the maximum regular contribution limit allowed annually into a deferred compensation or retirement plan on Employee's behalf..." The City will provide 10% but cap at whatever the law allows. Personal Leave: Mr. Frank proposed "Upon commencing this Agreement, Employee shall begin accruing Personal Time equal to the highest annual accrual provided to all other employees. Employee shall then accrue Personal Time on an annual basis at the highest rate provided to any other employees. Employee is entitled to accrue all leave without limit, and in the event the Employee's employment is terminated, either voluntarily or involuntarily, the Employee shall be compensated for all accrued personal time." The City will offer three weeks in the first fifteen months (after six months) and negotiate from then on. Extent of Services and Hours of Work: Mr. Frank proposed "Employee shall not otherwise be employed on a full or part-time basis without the written permission of the City Commission with the exception of his continued participation as a reserve deputy sheriff in order to maintain his Florida certification credentials." Termination by the City: Mr. Frank proposed six (6) months base salary in cases of termination consistent with Section 7B(3). City will offer three months the first year, adding a month each year until six months is reached. Page 2 of 3 Ocoee City Commission Work Session for City Manager Employment AgreementFT /p� June 1, 2004 .�Lt G=� U Miscellaneous: Mr. Frank proposed within a year to move into the City of Ocoee and maintain residence within the corporate boundaries of the City, and to have the City directly pay for the expenses of packing, moving, storing, unpacking, and insurance charges. The City agreed to a moving date falling after the agreement is renewed and to pay moving expenses not-to-exceed $3,000. Adjourn The meeting adjourned at 7:18 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Page 3 of 3 Agenda 7/6/04 DRAFT Item V. A. MINUTES OF THE OCOEE CITY COMMISSION WORK SESSION HELD JUNE 16, 2004 Call to Order Mayor Vandergrift called the Work Session to order at 5:14 p.m. and announced the purpose of this session was to discuss the employment agreement which was under negotiation with Robert Frank for the position of City Manager. City Clerk Grafton called the roll and declared all to be present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were Acting City Manager Williford, City Attorney Rosenthal, City Clerk Grafton, Community Development Director Wagner, Human Resources Director Diedrich, and Deputy Public Works Director Zaitooni. Discussion Re: Terms of the Employment Agreement with Robert Frank Acting City Manager Williford listed the backup documents provided for this discussion: (1) summary from Labor Attorney Reynolds Allen listing the items Mr. Frank has noted as needing further attention; (2) the most recent draft of the Agreement; (3) Mr. Frank's original proposal; (4) a spreadsheet requested by Commissioner Anderson showing what the City provides over and above the negotiated salary, and the costs of Mr. Frank's requested items. The details were reviewed and consensus was reached in each issue. As Mr. Frank had arrived and was waiting in the lobby, he was invited into the Chambers to complete the negotiations. Discussion with Robert Frank regarding Employment Agreement Acting City Manager Williford reviewed the provisions and advised Mr. Frank the Commission had reached the following decisions regarding his concerns: (1) Vehicle - $600 car allowance with no requirement regarding the age; (2) Equipment - City will provide cell phone; (3) Deferred Compensation - City will contribute 10.95%; (4) Personal Leave - start accrual at 8.31 and increase in 10 years; (5) Termination - add "legal" as requested; (6) Miscellaneous - revise moving date to April 1, 2006. Mr. Frank indicated those provisions would be satisfactory and he would be willing to sign an agreement with those changes. He added he would prefer to give at least three weeks notice to his current employer, Seminole County, as they were aware of these negotiations and would probably not require more notice than that. After a brief discussion regarding scheduling, Mayor Vandergrift called a Special Session for Monday, June 21, 2004, at 6:30 p.m., and said the Commission would give Reynolds Allen Ocoee City Commission Work Session DRAFT June 16, 2004 direction to prepare the final draft of the Agreement with the above noted provisions to be ready for execution at that session. Adjourn The meeting adjourned at 5:48 p.m. APPROVED Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Page 2 of 2 Agenda 7/6/04 DRAFT Item V. A. MIUUTES OF THE OCOEE CITY COMMISSION REGULAR SESSION HELD JUNE 15,2004 WORK SESSION RE: PURCHASE OF UNITED METHODIST CHURCH PROPERTY 6:00 P.M. REGULAR CITY COMMISSION MEETING 7:15 P.M. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:17 p.m. in the Commission Chambers. Pastor Ernie Post, West Oaks Methodist Church led in prayer and Carl Myer led the Pledge of Allegiance to the Flag. City Clerk Grafton called the roll and declared a quorum present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were Acting City Manager Williford, City Attorney Rosenthal, Assistant to the City Manager Shira, Building Official Phelps, City Clerk Grafton, Community Development Director Wagner, Finance Director Horton, Parks/Recreation Director Farmer, Police Chief Goclon, Principal Planner James, Public Works Director Wheeler, Deputy Public Works Director Zaitooni, and Lobbyist Rotundo. ABSENT: None PRESENTATIONS AND PROCLAMATIONS None Scheduled on the Agenda Coach Gary Hood introduced Ocoee Little League Major Cubs,winners of the tournament with 27-0 record for the season. COMMENTS FROM CITIZENS/PUBLIC There were no citizen comments at this time. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Johnson moved to purchase the Ocoee Methodist Church facilities. Lacking a second,the motion died. However,the motion sparked a lengthy discussion, at the end of which Mayor Vandergrift called for a motion. As no motion was forthcoming,he assumed this Commission was not interested in pursuing the issue. EMERGENCY ITEMS Mayor Vandergrift declared the two following items to be emergency items. Purchase and Installation of a Lift Station for 1412 Century Oak Drive Public Works Director Wheeler gave the staff report, advising the residential home at 1412 Century Oak Drive has experienced flooding conditions four previous times from raw sewage that flows through and to Lift Station#17. He requested authorization to purchase and install an E/One Simplex lift station and to transfer$5,864 from Account 401-535-5202 to 401-535-00- 6400 for the purchase and the installation. DRAFT City Commission Regular Meeting June 15,2004 Commissioner Anderson, seconded by Commissioner Parker, moved to approve the purchase and installation of an E/One Simplex lift station and the transfer of$5,864 from Account 401- 535-5202 to 401-535-00-6400 as requested. Motion carried 4-0. Commissioner Howell was away from the dais. Commissioner Parker presented a request from Joanne Poteat for authorization to close 5215 to 6823 Mill Stream Road in the Sawmill Subdivision from noon to midnight for a July 4th neighborhood celebration. Mayor Vandergrift, seconded by Commissioner Parker, moved to approve the request for road closure on July 4, 2004. Motion carried 5-0. CONSENT AGENDA The consent agenda consisted of items A, B, and C. Commissioner Anderson, seconded by Commissioner Parker, moved to approve the consent agenda as presented. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Regular Meetings of May 18,2004 and June 1,2004. (City Clerk Grafton) B. Approval and Authorization for Mayor to Execute the Byrne Formula Grant Letter Allowing the City of Ocoee to Receive$38,000 to be Used Towards a DUI Enforcement Program. (Police Chief Goclon) It is time to submit the Byrne Formula Grant Letter and with its share of the funds the Ocoee Police Department would like to fund a DUI Enforcement Program. This would be the first year of a four- year maximum that these funds could be used for this program. As in previous years,this grant requires a 25%match from the City of Ocoee,which will come from the 2004-2005 General Fund Budget. C. Approval and Authorization for Renewal of the State Highway Lighting, Maintenance, and Compensation Agreement Work Order for State Fiscal Year 2004-2005 for$17,043.89; and Authorization for Mayor and City Clerk to Execute the Work Order. (Deputy Public Works Director Zaitooni) This is the second renewal of the State Highway Lighting,Maintenance,and Compensation Agreement between State Department of Transportation and the City of Ocoee for maintenance of lighting fixtures on State highways. The compensation for this work order is$17,043.89,which reflects a 3%increase over the previous work order. PUBLIC HEARINGS Second Reading of Ordinances. (Community Development Director Wagner) Ingram-Heidrich - Ordinance 2004-10 Rezoning City Attorney Rosenthal read the title only of the Ordinance. Community Development Director Wagner gave the staff report, noting this parcel is 20.482 +/- acres located at 5824 Ingram Road and bordered on the west by the Forest Lake Golf Course. The property is also west and northwest of the intersection of Ingram Road and Clarcona-Ocoee Road. The requested rezoning from R-1-AAA to R-1-AA is consistent with the Ocoee Future Land Use Map and the Joint Planning Area Land Use Map. After a public hearing on May 11, 2004,the Planning and Zoning Commission recommended approval. Based on the P&Z Commission recommendation, Page 2 of 10 1 LI City Commission Regular Meeting �F j{ 11, June 15,2004 Staff recommended adoption of Ordinance 2004-10 rezoning the subject parcel located at 5824 Ingram Road from R-1-AAA: Single Family Dwelling to R-1-AA: Single Family Dwelling. Commissioner Parker asked that the intersection be designed without lumps as other intersections with Miami curbs are uncomfortable for the travelor. Commissioner Anderson suggested a requirement for utility boxes to be underground. The public hearing was opened. Charlie Madden, Madden Engineering , responded to the questions raised and said they were more appropriate at the preliminary platting stage. He said he would clean up trees and brush to make the area safer. The public hearing was closed. Commissioner Howell, seconded by Commissioner Parker,moved to adopt Ordinance No. 2004-10 changing the zoning classification as requested by the owner from R-1-AAA to R-1-AA on the property located at 5824 Ingram Road. Motion carried 4-0. Commissioner Johnson was away from the dais. Basking Ridge Court Ordinance 2004-11 Annexation City Attorney Rosenthal read the title only of the Ordinance. Community Development Director Wagner gave the staff report for both the annexation and the zoning ordinances for Basking Ridge Court. The vacant parcel consists of 1.01 acres located southwest of Basking Ridge Court and immediately west of the African-American cemetery. The proposed use is for two single-family homes after a diagonal lot split is processed under a separate review. The applicant has requested R-1-A Single-Family Residential zoning and the proposed use is consistent with the Ocoee Future Land Use Map and the Orange County-Ocoee Joint Planning Area Land Use Map. The Planning and Zoning Commission held a public hearing for this parcel on May 11, 2004 and recommended approval of the annexation and requested zoning. The public hearing was opened. David Moss, 114 Anderson Place, expressed concern about drainage from the subject parcel onto his property. Bob Goll, 215 S. Swoope Avenue, Maitland, 32751, said the dirt will be tapered out and will not cause a problem when they have finished with the grading. The public hearing was closed. Commissioner Anderson, seconded by Commissioner Howell, moved to adopt Ordinance No. 2004-11 annexing Basking Ridge Court as requested. Motion carried 4-0. Commissioner Johnson was away from the dais. Page 3 of 10 City Commission Regular Meeting nzuer June 15,2004 Ordinance 2004-12 Rezoning City Attorney Rosenthal read the title only of the Ordinance. The staff report for this Ordinance was included in the report above. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Anderson, seconded by Commissioner Howell, moved to adopt Ordinance No. 2004-12, zoning the Basking Ridge Court parcel R-1-A Single-Family Residential as requested. Motion carried 5-0. Fullers Cross Commercial PUD Ordinance 2004-13 Annexation City Attorney Rosenthal read the title only of the Ordinance. Community Development Director Wagner gave the staff report for all of the items to be considered for Fullers Cross Commercial PUD. The property consists of 5.08 +/- acres and is located at 2280 Fullers Cross Road in unincorporated Orange County on the southwest corner of the intersection of Fullers Cross and Ocoee-Apopka Roads. The property is currently vacant and densely wooded. There are no known archeological or historical sites located on the site; however, wetland areas may be located on the south edge of the property. The proposed development is for a Commercial Planned Unit Development(PUD) for retail and a restaurant,with a maximum of 44,000 square feet of building area. Because the property is currently located in unincorporated Orange County, and the Ocoee- Orange County JPA Land Use designation is currently"Low Density Residential"and "Conservation/Wetlands",the approval of an amendment to the JPA Agreement is required before the annexation can be effective. An amendment to the Orange County-Ocoee Joint Planning Area Agreement would establish a JPA land use designation for the property as "Commercial"and"Conservation/Wetlands". The property is currently designated"Low Density Residential"and"Conservation/Floodplains" on the Ocoee Future Land Use Map necessitating small scale comprehensive plan amendment to change the Future Land Use Classification to "Commercial" and"Conservation/Floodplains". The applicant has also requested an initial zoning classification of"Commercial PUD". Since the Commercial PUD classification has been requested, a development agreement will also be required. Mr. Wagner described in detail the procedures required as spelled out in the written staff report and gave the staff recommendation as follows: Based on the Development Review Committee recommendation and the subsequent recommendation of the Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners take the following actions: Page 4 of 10 City Commission Regular Meeting [ ji \ F t� June 15,2004 • Approve the 12th Amendment to the Joint Planning Area (JPA) Agreement, establishing a land use designation of "Commercial" and "Conservation/Wetlands" on the JPA Land Use Map; • Adopt Ordinance 2004-13 to annex the property located at 2280 Fullers Cross Road; • Adopt Ordinance 2004-14 to approve a Small-Scale Comprehensive Plan Amendment establishing a Future Land Use designation of "Commercial" and "Conservation/Floodplains" on the Ocoee Future Land Use Map for the Fullers Cross Commercial PUD, subject to approval of the JPA Amendment and annexation ordinance. • Adopt Ordinance 2004-15 to approve an initial zoning designation for Fullers Cross Commercial PUD as Commercial Planned Unit Development, subject to approval of the annexation ordinance and small-scale comprehensive plan amendment ordinance. • Approve the Development Agreement, subject to approval of the annexation ordinance and the PUD zoning ordinance. • Approve the Shared Access Easement Agreement, subject to approval of the annexation ordinance and the PUD zoning ordinance. The public hearing was opened. Jay Jackson, 3660 Maguire Boulevard, Orlando, 32803,was present to answer questions. As no one wished to speak, the public hearing was closed. Commissioner Anderson, seconded by Commissioner Parker, moved to adopt Ordinance No. 2004-13, annexing the 5.08 acres located at the southeast corner of the Ocoee-Apopka Road and Fuller's Cross Road intersection as requested, subject to the approval and execution of the Development Agreement and the Shared Access Easement Agreement. Motion carried 4-0. Commissioner Howell was away from the dais. JPA Agreement Amendment#12 City Attorney Rosenthal explained this Amendment would change the JPA Land Use Map for the subject parcel from low density residential and conservation/wetlands to commercial and conservation/wetlands and approval would result in transmittal of the 12th Amendment to Orange County which would then hold their public hearings. The public hearing was opened and, as no one wished to speak, was closed Commissioner Anderson, seconded by Commissioner Parker,moved to approve the 12th Amendment to the Joint Planning Area Agreement between Orange County and the City of Ocoee, authorizing execution thereof by the Mayor and City Clerk and transmittal to Orange County. Motion carried 5-0. Ordinance 2004-14 Small Scale Comprehensive Plan Amendment City Attorney Rosenthal read the title only of the Ordinance. Page 5of10 City Commission Regular Meeting B RAFT June 15,2004 The public hearing was opened and, as no one wished to speak, was closed. Commissioner Anderson, seconded by Commissioner Parker, moved to adopt Ordinance No. 2004-14, approving the Small Scale Comprehensive Plan Amendment, authorizing execution thereof by the Mayor and City Clerk, subject to the approval by Orange County of the Amendment to the Joint Planning Area Agreement between Orange County and the City of Ocoee, and subject to Annexation Ordinance No. 2004-13 becoming effective. Motion carried 5- 0. Ordinance 2004-15 Rezoning City Attorney Rosenthal read the title only of the Ordinance. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Anderson, seconded by Commissioner Howell,moved to approve Ordinance No. 2004-15 establishing initial zoning, subject to approval of the 12th Amendment to the Joint Planning Area Agreement,the Small Scale Comprehensive Plan Amendment which is Ordinance No. 2004-14, and subject to the Annexation Ordinance becoming effective. Motion carried 5-0. Development Agreement City Attorney Rosenthal said this is a standard Agreement with Carter Charles Herschel Trust and the City of Ocoee and the conditions are attached to the Agreement. Commissioner Anderson, seconded by Commissioner Howell,moved to approve the Development Agreement for the Fullers Cross Commercial PUD, subject to the Annexation Ordinance Agreement becoming effective, and subject to Ordinance No. 2004-14, Small Scale Comprehensive Plan becoming effective, and subject to Ordinance No. 2004-15, initial zoning becoming effective. Motion carried 5-0. Shared Access Easement Agreement City Attorney Rosenthal said this Agreement is being entered into in the capacity of an adjacent landowner rather than as a governmental entity and it provides for a shared access driveway between the Fullers Cross Commercial parcel and the adjacent City of Ocoee parcel which is part of the Crown Point PUD. Commissioner Anderson, seconded by Commissioner Parker,moved to approve the Shared Access Easement Agreement between the City of Ocoee and the Carter Charles Herschel Trust, authorizing execution thereof by the Mayor and City Clerk, subject to Annexation Ordinance 2004-13 becoming effective, subject to Ordinance No. 2004-14, Small Scale Comprehensive Plan Amendment becoming effective, and subject to Ordinance No. 2004-15 establishing initial zoning becoming effective. Motion carried 5-0. RECESS 8:55 P.M.—9:10 P.M. Page 6 of 10 DRAFT CityCommission Regular Meeting June 15,2004 Mayor Vandergrift announced the Martin L. King, Jr. Drive dedication ceremony at SR 50 June 17 at 10:00 a.m. and invited all to attend. OTHER BUSINESS Consideration of Offer of Judgment in Asset Management Litigation. (City Attorney Rosenthal) City Attorney Rosenthal gave the background on this lawsuit regarding Interim Services Fees which is pending in the Circuit Court of the Ninth Judicial Circuit. He requested authorization to submit on behalf of the City an Offer of Judgment in the amount of$1,000 to Asset Management Consultants of Virginia, Inc. in settlement of Asset Management Consultants of Virginia, Inc. v City of Ocoee, Case No. 04-CA-30-84 and to file such additional documents as may be necessary in connection therewith. Commissioner Anderson,seconded by Commissioner Howell, moved to approve City Attorney Rosenthal's request for this authorization. Motion carried 4-1 with Commissioner Johnson voting no. Approval and Authorization of$2,000 from General Fund Contingency to Purchase 10 Pole Banners to be Installed Along Maguire Road for the West Orange Girls Club 3rd F.A.S.T. National Girls' Softball Championship. (Deputy Public Works Director Zaitooni) Commissioner Parker, seconded by Commissioner Anderson, moved to approve the purchase of 10 pole banners to be installed along Maguire Road for the West Orange Girls Club 3r1 F.A.S.T. National Girls' Softball Championship and authorize the transfer of$2,000 from General Fund Contingency for this purpose. Motion carried 5-0. Review and Update of City's Traffic Policies and Criteria for Implementation of Traffic Calming on Residential Streets. (Deputy Public Works Director Zaitooni) Deputy Public Works Director Zaitooni gave the staff report, reviewing proposed policies for the implementation of traffic control devices and evaluation of traffic calming measures. Mayor Vandergrift gave some suggestions regarding street signs and said he would like to have some public input. Mr. Zaitooni said he could put the proposed policy on the website so the public could review it and without objection he was directed to do so and to put this on the July 6 agenda. Mr. Zaitooni said the traffic committee had looked at the streets reported by Commissioner Howell recently (Kimball, Marlene and Lady) and determined that Lady Avenue does require some counter-measure as there has been speeding reported on that road. He said when the study is complete this may or may not come back for Commission consideration, depending on the funding required. Approval of the Community Merit Award Grants for the April 2004 Cycle. (Assistant to the City Manager Shira) Assistant to the City Manager Shira presented the staff report, advising there was $4,400 remaining in the budget for this cycle and the 15 applicants had requested $7,500. The chart showing the breakdown of distribution recommended by the Community Merit Awards Board was as follows: Page 7 of 10 City Commission Regular Meeting J li Q F T June 15,2004 Applicant Funds CMA Board CMA Board Comments Requested Recommendation American Legion Post 109 $500 $0 Applicant needs to be more specific on how many banners and how many school medals/awards will be purchased with the grant funds and when those programs take place during the year. Recommend to reapply in November. American Legion Post 63 $500 $150. Applicant needs to be more specific on what the funds will be used for and when those programs take place during the year. Also urged to ask the City of Winter Garden for a monetary contribution. West Orange High School $500 $300. Quarterback Club People to People Student $500 $350. Recommend to make check payable to Ambassador Program individual since People to People is not a non- profit organization. Award recommendation based on Randi Keith being one of a group of 36 attending from the Orlando area. Girl Scout Troop#1687 $500 $400. West Oaks Academy $500 $300. The Foundation for $500 $250. Westside Tech New Beginnings of $500 $200. Central Florida,Inc. West Orange Christian $500 $500. Service Center Ocoee Historical $500 $350. Commission S.T.A.R.S. of West Orange $500 $500. Ocoee Little League $500 $0 This recommendation to deny was made because they had received other funding from the City this fiscal year and there was limited funding available this cycle. Rotary Club of Ocoee $500 $500. Health Central Foundation $500 $350. School Nurse Program Ocoee Elementary Clinic $500 $250. TOTALS $7,500 $4,400 Commissioner Howell, seconded by Commissioner Anderson,moved to approve the recommendations made by the Community Merit Awards Board. Motion carried 4-1 with Commissioner Johnson voting no. Direction Re: Advertisement in the West Orange Chamber's Discover Magazine. (Assistant to the City Manager Shira) Page 8 of 10 DnAF air City Commission Regular Meeting June 15,2004 Assistant to the City Manager Shira advised this year the Discover Magazine would be on the website giving greater coverage for the ad than in the past. Commissioner Parker, seconded by Commissioner Anderson,moved to buy a 1/2 page ad at $1,595 promoting Ocoee as the Center of Good Living. Motion carried 5-0. Water/Wastewater Fund Analysis. (Finance Director Horton and Public Works Director Wheeler) Finance Director Horton began her presentation, displaying details on the overhead. When it became apparent the figures were not clear enough to read on the monitors, Mayor Vandergrift asked what page the spreadsheet was on in the handout. As that page had been inadvertently omitted from the backup material Mayor Vandergrift asked Mrs. Horton to stop her presentation and bring it back at the next meeting. Appoint Voting Delegate for Florida League of Cities Conference. (City Clerk Grafton) Without objection, Mayor Vandergrift was appointed the voting delegate for the Florida League of Cities 78th Annual Conference to be held August 19-21, 2004 in the Westin Diplomat Resort in Hollywood, Florida, with Commissioner Parker to serve as alternate if needed. Appointments to Boards. (City Clerk Grafton) Education Commission Commissioner Parker, seconded by Commissioner Anderson, moved to appoint Ryan Colbert, John Grogan, and Dr. Fran Kelly Rodriguez to the Education Commission for terms ending June 2006. Motion carried 5-0. Human Relations/Diversity Board Mayor Vandergrift, seconded by Commissioner Anderson, moved to appoint Carmen Arzola, Martha Lopez-Anderson, and Debra Booth to serve on the Human Relations/Diversity Board for terms ending June 2006. Planning and Zoning Commission Commissioner Johnson, seconded by Commissioner Parker, moved to appoint Frank Morris to complete Vince Sikora's term on the Planning and Zoning Commission that ends April 2006. Motion carried 5-0. STAFF REPORTS Commissioner Johnson proposed calling a Work Session for 5:00 p.m. Wednesday, June 16 to discuss the City Manager Employment Agreement and inviting Mr. Robert Frank to join the Commission at 5:30 to finish the negotiations. Without objection this meeting was called. COMMENTS FROM COMMISSIONERS Commissioner Parker discussed the amount of water needed to take care of sod and proposed an"oops" card for first time offenders who used too much water. A policy for an average sized lawn was discussed and Staff is to bring that policy to the July 6 meeting. City Attorney Rosenthal suggested taking the policy after it is approved and putting it in ordinance form. Page 9of10 City Commission Regular Meeting D J A June 15,2004 Commissioner Parker said she would like for Tonya to give the rest of the Commission the same information/tape she had given Commissioner Parker showing what Maitland did. Mayor Vandergrift said he wants a consumer advocate on staff and he was sure there was a grant for this kind of person. Commissioner Johnson said the house at 235 Cumberland(Sanders house) had burned down and now the grandson who inherited the property wished to build on that site. He said since there had been water service to that address he thought they should not be charged the impact fees. Commissioner Johnson s-conded by Commissioner Parker, moved to waive the water casital expansion charge for the connection of the Sanders/Wise property located at 235 Cumberland on the basis that a water meter had previously been connected to the property. Motion carried 5-0. Commissioner Anderson 1) Apologized to Finance Director Horton for the way the Commission interrupted her analysis on the Water/Wastewater Fund. 2) Announced the Police Department will be conducting DUI detail within the City limits on Friday, June 25. Mayor Vandergrift 1) Announced the Tri-County League of Cities meeting at noon on Thursday hosted by the City of Ocoee. 2) Expressed concern regarding the name of Ocoee-Crown Point Road and Mr. Rosenthal recalled this Commission directed to have Ocoee included in the name of the road because the new high school would be located on that road. ADJOURNMENT The meeting adjourned at 10:33 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Page 10 of 10 LAFTAgenda 7/6/04 y Item V. A. THE OCOEE CITY COMMISSION SPECIAL SESSION HELD JUNE 21, 2004 Call to Order Mayor Vandergrift called the Special Session to order at 6:35 p.m. and announced the purpose of this session was to finalize the employment agreement with Robert Frank. City Clerk Grafton called the roll and declared a quorum present. PRESENT: Mayor Vandergrift, Commissioners Howell, Johnson and Parker. Also present were Acting City Manager Williford, City Clerk Grafton, and Human Resources Director Diedrich. ABSENT: Commissioner Anderson Review of Terms of the Employment Agreement with Robert Frank Acting City Manager Williford advised the document before the Commission for consideration had been prepared as a result of the Work Session held June 16 to review Mr. Frank's responses to Labor Attorney Allen. Human Resources Director Diedrich said Finance Director Horton had advised Mr. Frank's salary was an amount different from that budgeted, and that, along with former City Manager Gleason's personal leave payout would create a shortfall in that account, so some funds would need to be transferred from contingency to cover that. Mayor Vandergrift said that could be taken care of at the next regular meeting, as the figures would then be available. Motion to appoint Robert D. Frank as City Manager and approve the Employment Agreement, authorizing execution thereof by the Mayor and City Clerk. Mayor Vandergrift, seconded by Commissioner Johnson, moved to appoint Robert D. Frank as City Manager effective July 12, 2004 and approve the Employment Agreement between the City and Robert D. Frank and authorize execution thereof by the Mayor and City Clerk. Motion carried 4-0. Commissioner Anderson was not present. Adjourn The meeting adjourned at 6:40 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor