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HomeMy WebLinkAbout03-05-96 . MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD MARCH 5, 1996 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the Commission Chambers and, instead of a spoken prayer, he asked that those present pray silently and remember the Holocaust. He then read the proclamation proclaiming April 21, 1996 to be a Day of Remembrance in the City of Ocoee. Mrs. Hilda Ems led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Personnel Director Psaledakis, Planning Director Wagner, Police Chief Mark, Fire Chief Strosnider, and City Clerk Grafton. PRESENTATIONS AND PROCLAMATIONS PROCLAMATION: HOLOCAUST - DAY OF REMEMBRANCE - APRIL 21, 1996 This proclamation was read earlier in the meeting as noted. . PRESENTATION: SENIOR GIRL SCOUT TROOP 300's REPORT RE: LANDSCAPING WITHERS- MAGUIRE HOUSE. Chrissy Lawson, Michelle Lillithorup, Cheyona Roberts and Valerie McGowan, members of Girl Scout Troop 300, reported on the progress made toward landscaping the Withers-Maguire House grounds to earn their Gold Award, saying that they wished to be finished by March 16. They invited citizens who would like to join in the effort to meet with them on site Saturday. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, and F. Following a brief discussion regarding item III C and a report from City Attorney Rosenthal regarding minor changes in III E, Mayor VanderID'ift. seconded by Commissioner Glass. moved to approve the consent agenda. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Re~lar Meetinl: of February 20. 1996. B. Approval and Authorization for Mayor and City Clerk to execute Emerl:ency Medical Service (EMS) Interlocal AlP'eement with Oranl:e County. C. Approval and Authorization to Replace Totaled Police Cruiser. D. Approval and Authorization for Mayor and City Clerk to execute mended and Restated Withers-Mal:uire House Museum Operation Aereement. E. Approval and Authorization for Mayor and City Clerk to execute Second Amendment to Development A~reement with GGP/Homart. Inc.(White Road). F. Approval and Authorization for Mayor and City Clerk to execute Silver Glen. Phase II. Villa~e II - Final Plat. . COMMENTS FROM CITIZENS/PUBLIC . . . Ocoee City Commission Regular Meeting March 5, 1996 Mayor Vandergrift presented Administrative Services Director Beamer a plaque expressing appreciation for her five years of service to the City. PUBLIC HEARINGS - There were no public hearings scheduled for this meeting. OTHER BUSINESS FIRST READING OF ORDINANCE No. 96-03, RELATING TO STORMWATER UTILITY FEE INCREASE - Second Reading and Public Hearing Scheduled for March 19, 1996. This ordinance was presented by title only for the first reading and Mayor Vandergrift announced the time and place of the second reading and public hearing. Administrative Services Director Beamer gave the staff report and went into detail as she would not be present for the second reading. Ms. Beamer pointed out that the project list included those areas originally presented to Commission by PEC as well as the areas proppsed by Mayor Vandergrift at their review with him and Commissioner Anderson. DISCUSSION/ ACTION RE: ARCHITECTURAL SERVICES SELECTION FOR FIRE DEPARTMENT CONSTRUCTION PROJECTS. Chief Strosnider gave the staff report, noting that the top three presentors were: (1) Gee & Genson, (2) The Scott Partnership, and (3) Bacon Design Group. He recommended that Commission approve the Committee's ranking and allow the Selection Committee to negotiate with the top-ranked firm. Commissioner Glass. seconded by Commissioner Anderson. moved to accept the recommendation of the Selection Committee. approve the Committee's ranking and authorize the Committee to negotiate with the top-ranked firm. Motion carried 5-0. DISCUSSION/ACTION RE: RESULTS OF THE AGREED-UPON PROCEDURES FROM McDIRMIT, DAVIS, LAUTERIA & COMPANY, P.A. Administrative Services Director Beamer gave the staff report and introduced Eldon McDirmit, of McDirmit, Davis, Lauteria & Company, P.A. Mr. McDirmit introduced his associate, Ms. Kelly Leary, and discussed the agreed upon procedure, briefly noting his findings. During a question! answer period regarding the documentation of the use of the credit card City Manager Shapiro stated for the record that, although the recording had been lax in the beginning, the system had tightened up in 1990 and 1991 and certainly everything will be documented in the future. Following further discussion regarding the reporting procedures, Mayor Vandergrift stated that this Commission has an obligation and responsibility to put something in the record and he made the following motion: Mayor Vanden!rift. seconded by Commissioner Anderson. moved to give warning to City Manager Shapiro that it shall not happen again or this Commission will terminate him. Commissioner Gleason said that, as Mr. Shapiro has already stated that he does not wish to renew his contract, this action is not necessary. Commissioner Anderson. seconded by Mavor Vanderl!rift. moved to amend the motion to suspension instead 2 . Ocoee City Commission Regular Meeting March 5, 1996 of termination. In response to a question from Commissioner Gleason, City Attorney Rosenthal stated that, regardless of what this motion says, Commission would have to follow the procedures set forth in the Charter, and at such proceeding the issue would be whether the particular fact situation then at hand was a sufficient basis to terminate with cause and Commission would look at the total experience, including the past and what is happening at the time, to determine the action to be taken. City Manager Shapiro stated that this is the sort of thing that destroys peoples' careers and in this case it would be for no reason. Mayor Vandergrift compared this action to that taken by the head of a department in the City and suggested that this should be considered the equivilent of a written warning. Commissioner Gleason said this should instead be considered a verbal warning. The vote on the amendment was 3-2 against amending. with Commissioners Glass. Gleason and Johnson voting no. Mayor Vandergrift and Commissioner Anderson voting yes. The vote on the motion was 4-1 against with Mayor Vandergrift voting yes. Commissioners Anderson. Glass. Gleason and Johnson voting no. Neither motion carried. . Commissioner Gleason said he had been advised that it would take 6-8 months to hire a new city manager and he thought it would be appropriate to begin the process now. Commissioner Gleason. seconded by Commissioner Anderson. moved to start the process with the Personnel Director outlining the procedure for Commission including the necessarv ads. cost. etc. to have a person in place by Februarv 1. 1997. Motion carried 4-1 with Commissioner Johnson voting no. Mayor Vandergrift asked for a report on the realignment of employees following Ms. Beamers leaving. DISCUSSION/ ACTION RE: AMENDMENT TO THE LAND USE/PRELIMINARY SUBDIVISION PLAN FOR ALBERTSON'S SHOPPING CENTER (BLOCKBUSTER). Planning Director Wagner gave the staff report explaining that ZOM Development is requesting the change on behalf of Blockbuster, the prospective buyer. He recommended approval of the requested increase from 3,500 to 5,500 square feet as the maximum square footage for a building on Lot 3, noting that the DRC had approved the request as a nonsubstantial change to the Plan. Commissioner Gleason. seconded by Commissioner Glass moved to approve the increase as recommended. Motion carried 5-0. DISCUSSION/ ACTION RE: SPEED HUMPS. City Engineer Shira presented the staff report and asked for direction regarding the speed hump program. City Manager Shapiro advised that he could not say there were funds available and that Commission may wish to wait until mid year. Mavor Vanderi!rift. seconded by Commissioner Gleason. moved to start the process subiect to funds available from General Fund and other sources. Commissioner Johnson said he would prefer not to do this and to . 3 . . . Ocoee City Commission Regular Meeting March 5, 1996 have the Police Department enforce the speed limits more stringently instead, as he has seen citizens require that the humps be removed after they have experienced driving over them in their own areas. Vote was 3-2 against. with Mayor Vandergrift and Commissioner Glass voting yes and Commissioners Anderson. Gleason and Johnson voting no. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Johnson: No comments at this time. Commissioner Anderson: 1) A puppy was found at Orange and Center Street. Asked that owner please contact him. 2) Announced the Rebel Games at the Girls Club on Story Road. 3) Reported that the auction brought in over $12,000. Commissioner Glass: Thanked everyone who expressed their good wishes and congratulations on the birth of their son Connor McGee, born last Wednesday. He reported that mother, daughter and son are doing fine but the verdict is still out on dad. Commissioner Gleason: 1) Re: Silver Bend road closing, he advised that the vote has been counted by the City Clerk's office and the City Engineer is looking at possible designs for the closing of Bexley Road. He said that will be on the next agenda for a decision. 2) Read the memo regarding the search for the reception desk scotch tape dispenser. Mayor V ander~ift: 1) Read the following telephone comment: a) Mary Switzer asked when the rest room facility on Starke Lake would be in place. Just about completed. Design going out to bid about 45 days after it is presented to Commission next month. Boat ramp has come in and will be on next agenda. b) Eric Bolinsky asked that Blockbuster be advised that they should have public restrooms for children and a drive thru to drop off tapes; asked if businesses were required to pay the stormwater fee. Yes. based on the impervious surface on their establishment. 2) Frances Watts reported a big pot hole on north side of Story Road on Kissimmee A venue. 3) Showed the picture of a bald eagle over Ocoee in the Sentinel. 4 . . . Ocoee City Commission Regular Meeting March 5, 1996 4) Wants City to become a bird sanctuary and a butterfly sanctuary. Had dropped the subject last year due to lack of interest. Mr. Shapiro said he had a staff report somewhere regarding that also. 5) Wants to emphasize Arbor Day and combine public function with Historic Commission Arts and Crafts, planting an oak tree, in combination with Sanitation Department Spring Clean-up. 6) Reported on St. Johns clean up. 7) Reported Little League has started. 8) Congratulated and thanked Lions Club for taking first place again at the fair. 9) Reminded all that Girl Scouts will appreciate help on the Withers-Maguire Grounds March 9 and 16. 10) Congressman McCollum will be here Saturday at 9:00 a.m. 11) Town Hall meeting with Bob Freeman. 12) Asked if Commission wanted to do anything with the report from State Attorney's office. There was no response. 13) Announced invitation from Longwood March 24 Arts & Crafts. 14) Invited citizens to help the Sons of the Confederates clean up the Cemetery on March 30. ADJOURNMENT The meeting adjourned at 9:40 p.m. Attest: Approved: City of Ocoee 5