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HomeMy WebLinkAbout06-04-02 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD JUNE 4, 2002 CALL TO ORDER Mayor Vandergrift call the regular meeting to order at 7: 15 p.m. in the Commission Chambers located at 150 N. Lakeshore Drive. Police Chaplin Mike Yokum led in prayer and Mrs. Frances Watts led in the Pledge Allegiance to the Flag. Deputy City Clerk Whitford called the roll and declared a quorum to be present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manger Gleason, City Clerk Grafton, City Attorney Rosenthal, Assistant City Attorney Doty, Fire Support Chief McNeil, Fire Inspector Stanley, Acting Police Chief Goclon, City Engineer/Utilities Director Shira, Assistant City Engineer/Acting Public Works Director Wheeler, Code Enforcement Supervisor Simon, Community Relations/Projects Director Shira, Human Resources Director Diedrich, and Recreation Director Farmer. PRESENTATIONS AND PROCLAMATIONS Proclamation Code Enforcement Officers' Appreciation Week. (Mayor Vandergrift) Code Enforcement Supervisor Simon (on behalf of Code Enforcement) received the proclamation making the week of June 17 through June 21, 2002, as Code Enforcement Officers' Appreciation Week. Proclamation National Small Cities Day. (Mayor Vandergrift) Mayor Vandergrift read the proclamation proclaiming June 14,2002, to be National Small Cities Day. This item was taken out of order Presentation of Certificates to Memorial Day Volunteers. (Community Relations/Projects Director Shira) Mayor Vandergrift expressed his appreciation for the best Memorial Day Service Ocoee has ever had. He presented certificates to the following who participated in the Memorial Day Service: Don Smith, Terry Rosenberg, Matt Garland, Honor Guard Police Officers Maroney, Tapscott, Edwards, Blake, Sgt. Como, Firefighters Kelly, Mendoza, Engineer Englehardt and Lieutenant Moy. Acting Police Chief Goclon and Fire Support Division Chief McNeil received certificates for those officers and firefighters who were unable to attend. Presentation of Plaque to Florida Auto Auction by the Minor Mets. (Commissioner Howell) Commissioner Johnson received the plaque on behalf of Florida Auto Auction from John Resnik thanking the Auto Auction for sponsoring this years team party at Disney. He said that the Florida Auto Auction had paid for all the team members and their families to attend. Presentation of Plaque to Dennis Galarza 2002 Florida State Junior Olympic Champion. (Commissioner Howell) Commissioner Howell presented the plaque to Dennis Galarza followed by Recreation Director Farmer presenting certificates of appreciation to the trainers Toni Cristelli, and William Henderson and Edwin Diaz who could not be present. Mr. Farmer also presented Commissioner Howell with a certificate thanking him for his support. Ocoee City Commission Regular Meeting June 4, 2002 Legislative Update. (Lobbyist Louis Rotundo) Mr. Rotundo gave a brief report on the status of the projects he was directed to obtain funding for. He advised the Commission about the projects that had been vetoed by Governor Bush. He explained the possibility of their being considered in the future and spoke about all the assistance and support that had been given by State Representative Johnson. He responded to questions from the Commission. City Manager Gleason thanked Mr. Rotundo and Representative Johnson on behalf of the Commission and the citizens of Ocoee. CONSENT AGENDA Consent Agenda consisted of items A, B, C, and D. Item D was pulled for separate discussion. Commissioner Howell. seconded bv Commissioner Parker. moved to approve items A. B, and C ofthe Consent Agenda. Motion carried 5-0. ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE BOARD OF CITY COMMISSIONERS AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEP ARA TE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of May 21, 2002, and City Commission Work Session May 15,2002. (City Clerk Grafton) B. Approval and Authorization for City Attorney or Assistant City Attorney to Execute a Final Judgment for the Settlement of Experts' Fees and Costs for Parcels 101 and 102 in the Amount of $ 43,481.50. (Assistant City Attorney Doty) As part of Fire Station One Relocation Project, the City acquired Parcels 101 and 102. Parcel 101 was settled in September 2001 with the Cortez' acceptance of the City's offer of judgment. Parcel 102 went to trial in October. The City is responsible for the reasonable expert fees incurred on behalf of the Cortezes and Barley in the prosecution of these lawsuits. Based on negotiations, the Cortezes and Barley experts are willing to settle their invoices. Staff recommends Mayor and Conunissioners approve settlement of the experts' fees and costs for Parcels 101 and 102. C. Water and Sewer Service to the Public Works Office Complex Change Order No. 1 and Final. (Assistant City Engineer Wheeler) The project basically included the installation of an 8 inch water main for domestic and fire service and the installation of a duplex pump station and 2 inch force main for sewer service. This change order request was initiated by City Staff to adjust unit quantities on some construction items and "final out" the project. There were 18 items of work required under this contract. There was 1 work item that was over the estimated contract quantity, which had a value of$2,400.00 to the contractor and 4 work items that were under the estimated contract quantity, which had a value of$I,488.00 to the City. The net result is an increase in contract amount of$912.00 with no change on the contract time. This item was pulled for separate discussion and consideration D. Lake Bennet Medical Center Final Replat Submittal. (City Engineer/Utilities Director Shira) Commissioner Anderson inquired as to why this item couldn't wait until the next meeting if all the documentation was not available until the last minute. City Engineer/Utilities Page 2 of7 Ocoee City Commission Regular Meeting June 4, 2002 Director Shira and City Attorney Rosenthal responded to a few questions during a brief discussion. Commissioner Howell, seconded by Commissioner Anderson, moved to approve the Lake Bennet Medical Center replat subiect to compliance to the conditions addressed in the City Attorney memorandum of June 4. 2002. Motion carried 5-0. COMMENTS FROM CITIZENS/PUBLIC R. P. Monackey, 1820 Prairie Lake Blvd., referring to an article that had appeared in the Orlando Sentinel regarding the termination of Police Chief Mark, asked if there was a board that determined the termination of an employee or if it was determined by one individual. Commissioner Anderson responded that the City Manager has the final say on all hiring and all terminations. Bruni Massa, 611 E. Lakeshore Dr., also inquired about the article. City Manager Gleason and Human Resources Director Diedrich explained the process was still on going and at this point Chief Mark has not been fired. There was a lengthy intense discussion with Commissioners Anderson, Howell, Johnson, and Parker expressing support for City Manager Gleason. All four Commissioners stated the City Manager was responsible for the day to day operations of the City. City Attorney Rosenthal addressed the procedures and cautioned all parties to be aware of the City's rights and of Chief Mark's rights and to insure that due process is followed. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Johnson no comment at this time. Commissioner Anderson said he noticed the signs stating the railroad crossing at Franklin and McKey would be closed from June 7 through June 9 and reminded everyone to think alternative routes. Commissioners Parker and Howell were away from the dais. Mayor Vandergrift I. Said he noticed that Commissioner Parker and Commissioner Johnson were going to be out of town at a conference and his wife wanted him to go to New Jersey. He asked ifit would be possible to cancel the July 2nd meeting. City Attorney Rosenthal stated it would take a vote to cancel the meeting. It was decided to address that at the June 18, 2002, meeting. 2. Thanked everyone who helped with the lake and street cleanup. He said it was a very successful day as about 150 feet of the road was cleared of asphalt to uncover the bricks and 10 bags of trash were cleaned up from the lakefront. PUBLIC HEARINGS NONE OTHER BUSINESS First Reading of Ordinances Ordinance No. 2002-15 Annexation Petition Case No. AX-2002-07-02: ACJR Investments, Inc. (Maguire Road Self Storage) (Director of Planning Wagner) Page 3 of7 Ocoee City Commission Regular Meeting June 4, 2002 City Attorney Rosenthal read the title Ordinance only of the. Mayor Vandergrift announced the second reading and public hearing would be held June 18, 2002, 7: 15.p.m. Ordinance No. 2002-16 Annexation Petition Case No. AR-02-03-01: Glad Tidings Assembly of God Church. (Director of Planning Wagner) City Attorney Rosenthal read the title only of the Ordinance. Mayor Vandergrift announced the second reading and public hearing would be held June 18, 2002, 7:15. p.m. Ordinance No. 2002-17 Initial Zoning Case No. AR-02-03-01: Glad Tidings Assembly of God Church. (Director of Planning Wagner) City Attorney Rosenthal read the title only of the Ordinance. Mayor Vandergrift announced the second reading and public hearing would be held June 18, 2002, 7:15. p.m. Mayor Vandergrift said that Mr. Ben Griffin, 125 Lakeshore Dr., arrived late, but would like to address the Commission. Mr. Griffin addressed the Commission about the dirt street which causes water to accumulate in his yard. City Manager Gleason explained to Mr. Griffin that the School Board owns that property and the City has no control over it. Commissioner Anderson stated he had gone to the property in question after Mr. Griffin's previous appearance before the Commission and checked out the situation. City Engineer/Utilities Director Shira stated he would get the name and number of those who could assist Mr. Griffin in order for him to be able to speak directly with the School Board. Mr. Griffin also inquired about the brick streets and when the project of removing the asphalt from them would be done. RECESS 8:50 p.m. - 9:00 p.m. Resolution No. 2002-08 Authorizing Execution of Interlocal Agreement with Orange County and the School Board on School Overcrowding. (City Manager Gleason) Education Commission Chairman Davis addressed the City Commission on behalf of the Education Commission Advisory Board. She stated at their regular meeting the previous night the Education Commission had voted to recommend approval of both the Interlocal Agreement Resolution and the ~ Cent Sales Tax Resolution. Ms. Davis said it was important to have the three entities work together for the good of the children. Mr. Michael Buccino, 2613 Cedar Bluff Ln., spoke in favor of the ~ cent sales tax, but stated he was opposed to the property tax roll back. Mayor Vandergrift explained how the tax roll back came to be and said that it was highly unlikely the roll back of property taxes would be removed from the referendum. He said there were many people who felt the same way, but the two were tied together and most likely would not be changed. Mavor V ander~rift. seconded by Commissioner Howell. moved to enter into the interlocal agreement and adopt Resolution 2002-08. Motion carried 4-0. Commissioner Johnson was away from the dais. Resolution No. 2002-09 Supporting the ~ Cent Sales Tax. (City Manager Gleason) Page 4 of7 Ocoee City Commission Regular Meeting June 4, 2002 There was a brief discussion about the need for funding for new schools and the importance of this issue for the children. Mayor Vander2rift. seconded by Commissioner Parker. moved to adopt the resolution supporting the ~ cent sales tax with the additions of adding the word "sales" before the word tax after the third WHEREAS and include "The foregoing sunsetting in 2015" prior to the second WHEREAS. Motion carried 4-1. Commissioner Howell voted no. Discussion re: Policies and Procedures for Use of the New City Logo. (Community Relations/Projects Director Shira) Mayor Vander~rift. seconded bv Commissioner Parker. moved to approve the Policy and Procedures for use of the New City Logo as presented by Ms. Shira. Motion carried 4-0. Commissioner Anderson was away from the dais. Staff was directed to have each Commissioner's district number following their names and to have individual letterhead for the Mayor and each Commissioner in addition to the overall letterhead which will be used by all other City Departments, with the exception of the Police and Fire Departments. The Commission would also like to have a little larger and fancier font. Discussion re: Scheduling of Presentations for Commission Agenda. (City Manager Gleason) A brief discussion took place with several suggestions made by the Commission: Mayor Vandergrift suggested having the presentations before the meeting, no more than 2 presentations lasting no longer than 15 minutes each, or to limit all the presentations for the month to the first meeting of the month perhaps prior to the regular meeting and in that way they could be replayed without being attached to the Commission meeting. No final decision was reached. Discussion re: Proposed Policy for the Installation of No Parking and Stop Signs. (City Engineer/Utilities Director Shira) City EngineerlUtilities Director Shira gave a brief overview of the policy and stated it follows, for the most part, the City Code. He explained a process was being set up for a citizen to request a stop sign and if staff determines that the criteria for a stop sign is not met and denial of request is recommended by staff, then the citizen has the right to come before the Commission and ask for further consideration of their request. He said this would also be the procedure for No Parking signs. Mayor Vander2rift. seconded bv Commissioner Parker. moved to accept staffs recommendation and approve the Policy for the Installation of No Parking and Stop Signs. Motion carried 4-0. Commissioner Johnson was away from the dais. Board Appointments. (City Clerk Grafton) Planning and Zoning Commission - 3 Year Term. Tanya Miller's Term Ends June 2002. Commissioner Anderson. seconded by Mayor Vander2rift. moved to reappoint Ms. Miller for a term ending 20025. Motion carried 4-0. Commissioner Johnson was away from the dais. Code Enforcement - 3 Year Term. Denise Lenko's Term Ends June 2002. Page 5 of7 Ocoee City Commission Regular Meeting June 4, 2002 Commissioner Parker. seconded by Commissioner HowelL moved to reappoint Ms. Lenko for a term ending June 2005. Motion carried 5-0. STAFF REPORTS Recreation Director Farmer presented a report on an Extreme Skating Facility on City property. City Manager Gleason explained the necessity of an insurance certificate and the amount necessary. Mr. Farmer stated there were two areas available for use as a skate park, but said he could not justify the cost of the insurance. He said if Commission agreed it might be possible for a cost of approximately $200.00 to transport skaters to other extreme parks once a month on Saturday or Sunday. Staff was directed to check insurance costs in other cities that have skate parks. City Manager Gleason passed out copies of the CIP report on bond issues that had been requested by Commission at the previous meeting. Mr. Gleason briefly reviewed the report and said if there were any questions a meeting with the Finance Director could be scheduled and she could let the Commission know exactly what the remaining balances are and what the projects are. Mr. Gleason said due to September 11,2002, some things have been placed on hold. He advised the Commission of the need to transfer $11,000.00 from Contingency to the Legislative Travel and Training account in order to cover all seminars and conferences from now through September 30,2002. Commissioner Anderson. seconded by Commissioner Parker. moved to transfer $11.000.00 from Contingency to the Legislative travel and training account. Motion carried 5-0. Commissioner Johnson. seconded by Commissioner Parker. moved to appoint Mayor Vandergrift as the voting delegate for the 2002 Florida League of Cities Conference to be held in Boca Raton. Motion carried 5-0. COMMENTS FROM COMMISSIONERS Commissioner Parker said the Citizens Advisory Council to the Ocoee Police Department (CACOPD) would like to have the City purchase their shirts with the same logo that the Citizens Police Academy has as opposed to the City Logo. She showed the Commission an example of the logo which has two hands shaking. It is the Volunteers in Police Services logo (VIPS) Without objection, this was approved. Commissioner Johnson no comment at this time. Commissioner Anderson commented about the article in the Orlando Sentinel regarding the Sunshine law and the City of Orlando. He thanked City Attorney Rosenthal for being so diligent and insistent that the Ocoee City Commission strictly adheres to the Sunshine law. Commissioner Howell I. Said that Pine loch wants to donate a large metal building to the City. City Manager Gleason said he has a meeting coming up with City Engineer/Utilities Director Shira and Denver Music regarding the building. He said both men had gone out and looked at the building to check on the size and condition. Mr. Gleason said the City would need to look at the cost of disassembling and reassembling the building. He said if a fixed price could be obtained then the recommendation to accept or decline would be brought before the Commission for their Page 6 of7 Ocoee City Commission Regular Meeting June 4, 2002 direction. Commissioner Howell said the reason he brought the subject up was to say that a policy change would have to be made, because if the City is going to have a metal building then the code would need to be changed in order to allow others to do the same. 2. Said he wasn't sure ifhis suggestion would require a change to the City Charter, but he would like to suggest that if a Department Director is going to be terminated that they would have the same right to go before a grievance committee, as do regular employees. City Attorney Rosenthal agreed that such a change would require changing the Charter. Commissioner Howell said he would like the others to think about it. ADJOURNMENT Meeting adjourned at 9:55 p.m. Attest: Page 7 of7