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HomeMy WebLinkAbout06-01-93 '-' MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD June 1, 1993 CALL TO ORDER The regular meeting was called to order by Mayor Vandergrift at 7:30 p.m. in the commission chambers. Pastor Lester G. Weldon, Church of God of Prophecy, led in the prayer and Mrs. Frances Watts led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, Public Works Director Brenner, Personnel Director Psaledakis, Police Chief Boyd, Fire Chief Strosnider, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS - None. CONSENT AGENDA The consent agenda consisted of items A and B. Commissioner Woodson. seconded by Commissioner Foster. moved to approve and accept the consent agenda as presented. Motion \...- carried 5-0. A. Acceptance and Approval of Minutes of Regular Commission Meeting of May 18. 1993. B. Approval and Authorization for Mayor and City Clerk to Execute Mutual Aid Al:reement Between Ocoee Police Department and Oranl:e County Sheriff's Department. COMMENTS FROM CITIZENS/PUBLIC Mrs. Frances Watts, 43 Shell Key Court, thanked Commission and staff for the Memorial Day service and then asked for information regarding the City's disaster plans during the hurricane season. City Mana~er Shapiro advised that the City has a disaster plan that is updated annually. that the County is in charge up until a certain point and then the City officials take over. He said that the West Orange High School is designated an official shelter. Mr. Fred Nielsen, 716 Kelly's Cove, president of Robert's Rise Homeowners' Association, said that the Association wishes to remove the dock that was built as a part of their recreation area. City Manager Shapiro advised Commission that the dock was installed by the developer as required in the Developer's Agreement, that it is a liability to the homeowners, and that the public uses it. Mr. John Matthew, 707 Kelly's Cove, added that some of the citizens who use the dock park on the right-of-way even though it is clearly marked with no parking signs and such parking has caused 5 accidents. Consensus was to direct City Manager to bring the ~ Ocoee City Commission Regular Meeting '-' June 1, 1993 Developer Agreement before Commission at the next meeting in order to consider an amendment to remove the requirement for the dock. PUBLIC HEARINGS - None. OTHER BUSINESS Purchase of 1250 GPM Fire Pumper with Leasing. Administrative Services Director Beamer advised that there were 5 responses to the bid request and that Fire Chief Strosnider had invited his entire department to review the proposals. As a result of that review, a request was made for approval and authorization to Establish Capital Item, Award to Kovatch Mobile Equipment/Delray Fire Extinguisher Service, Inc. for Total $255,915.50 with Financing from Liberty National Leasing Company - 4 years @ 5.36% Interest, and execution of necessary documents. Mayor Vandergrift asked for any public bids or comments and there were none. ~ Commissioner Johnson said that he wanted the financing put out to bid. Administrative Services Director Beamer advised that when the sideloaders were put out to bid, that Liberty National Leasing Company came in with the best offer and it seemed prudent to use this company again. Commissioner Johnson, seconded by Commissioner Woodson, moved to approve staff recommendation subject to the Mayor or any Commissioner reviewing the bids. This motion was withdrawn and this item rescheduled for the June 15 agenda so that all bids can be presented to Commission for review before action is taken on this issue. FOREST LAKE GOLF CLUB OF OCOEE. Approval and Authorization to Execute Lessor's Estoppel Certificate. Administrative Services Director Beamer explained that the Lessee under the Ground Lease Agreement with Riverbend Golf Group, Inc. dated December 3, 1991 is scheduled to close on its financing for construction of a golf course and effluent disposal and re-use system in the first week of June. The City has been requested to execute a Lessor's Estoppel Certificate to confirm to First Union National Bank of Florida that the Lease is in full force and effect, and that various approvals which Lessee is required to obtain in order to construct the Golf Course have been obtained. Ms. Beamer requested 1) approval of the Lessor's Estoppel Certificate in substantially the form attached to the staff report and 2) authorization for execution by the Mayor and City Clerk. Commissioner Combs. seconded by Commissioner Johnson. moved to approve the form. authorize Administrative Services Director Beamer to attach the appropriate Exhibit A indicating the approved plans. and authorize execution as requested by staff. Motion carried 5-0. '-" 2 Ocoee City Commission Regular Meeting \..., June 1, 1993 ~ \r Approval and Authorization to Execute Agreement with Respect to Purchase of Materials for Construction of Golf Course. Administrative Services Director Beamer explained that the Lessee is required to provide the City with a surety payment bond in the amount of the cost of constructing the Golf Course. As Lessee will be purchasing certain materials which will not be covered by this bond because they will be purchased from sources other than through its contractors, in order to ensure that the suppliers of such materials receive payment, the Materials Agreement confirms that the Bank has allocated loan proceeds in an amount sufficient to pay for such materials, that the Bank will not release such funds except for the payment of such materials in the amounts and to the suppliers listed, with certain provisions. Ms. Beamer requested 1) approval of the Material Agreement in substantially the form attached to the staff report and 2) authorization for execution by the Mayor and City Clerk. City Attorney Rosenthal pointed out that the only qualification to this is that in the event there was a default in the terms of their loan with the bank, the bank would not then be obligated to continue funding. Commissioner Foster. seconded by Commissioner Combs. moved to approve the form and authorize execution as requested by staff. Motion carried 5-0. Approval of Assignment of Lease to Forest Lake and Authorization for Mayor and City Clerk to Execute Instrument Approving such Assignment. Administrative Services Director Beamer's report explained that this assignment was approved in concept on April 6, 1993 and the new entity will be called Forest Lake Golf Club, Ltd. The shareholders of Riverbend will own 30 % of the shares of the corporation and have 50 % of the voting control; the remaining 70% of the shares of the corporation and 50% of the voting control will be held by Wayne Rich, Ed Meyer and Dick McDonald. Following this assignment, Forest Lake will assume the obligations of Lessee under the Lease and Riverbend will be released from any liability under the Lease for acts or omissions occurring subsequent to the date of the assignment. City Attorney Rosenthal advised that these are name change documents that do not make substantive changes in the agreement. Ms. Beamer requested 1) approval of the assignment of the Lease to Forest Lake as described in the staff report and 2) authorization for execution of an instrument approving such assignment by the Mayor and City Clerk, subject to review of the assignment documents by legal counsel. Commissioner Combs. seconded by Commissioner Woodson. moved to approve the assignment of the Lease to Forest Lake Golf Club. Ltd.. an assignment of the Easement Agreement to Forest Lake Golf Club. Ltd.. and a memorandum of the signed Lease and authorize execution as requested by staff. Motion carried 5-0. Discussion re: Remaining Mid-Year Budget Issues. City Manager Shapiro said there are four parts remaining to be discussed in the mid-year budget review, three of which have no budgetary dollar amounts associated with this budget year. In order to satisfy the Charter requirement that Commission should set the employee pay 3 Ocoee City Commission Regular Meeting '-' June 1, 1993 scale, staff has prepared a revised scale for consideration. The first revision is a proposal to increase the maximum in the min-max schedule presently in use from the current spread of 25 % to 35 %. The survey conducted by Personnel Director Psaledakis revealed that ours is lower than other cities, with the result that our staff trains personnel to go on to other places. There would be no increase in salaries unless a merit system is reactivated, which he recommends for next year's budget. Commissioner Foster said that last budget, although there were drastic pay cuts, staff continued to work honorably, and he would like for a way to be devised to compensate those staff members. Commissioner Combs concurred that giving back some of what was taken away from the employees should come first. Commissioner Johnson said he thought Mr. Shapiro was working on that already for all employees. City Manager Shapiro said that the average employee has been helped by the recent comp-time payoff. And further that if the organizational adjustment is considered and the plan to reactivate merit raises is approved then staff will feel they are being recognized again. Commissioner Woodson noted that the Planning Director's position had not been moved in the schedule. Mr. Shapiro pointed out that the position had been evaluated accurately to begin with and should not be moved. Commissioner Combs. seconded by Commissioner Foster. moved to approve the numbering ~ system in the reclassification study as submitted by staff. Motion carried 5-0. Commissioner Foster. seconded by Commissioner Combs. moved to authorize staff to proceed with the proposed 10% increase in the salarv classification scale. Motion carried 5-0. City Manager Shapiro explained that in the organizational adjustments there would be no increase in pay with the exception of two employees whose salaries were most off, those positions being the Personnel Specialist and Finance Supervisor. The change would open the way for the other employees who are listed to receive the funding, based upon next year's salary survey. Personnel Director Psaledakis said that those two positions were off from 5 % to 7 % . Mayor Vandergrift said that he thought those positions were off 17 %. It was clarified that the change in salary would be 5 %. Mr. Shapiro listed the positions affected by the change with no increase in pay: Officer 1st Class to Detective, 2 Communication Operators I to II, Fire Lieutenants, Mechanic II, Deputy City Clerk, Police Chief, Fire Chief, Public Works Director, City Engineer, Building and Zoning Official, Recreation Director, Administrative Services Director, Personnel Director, and City Clerk. He explained that this puts the employees in the positions of responsibility based upon the wage classification survey. This provides that, should an employee leave, the replacement of that employee's position would be in the correct wage scale. '-" 4 Ocoee City Commission Regular Meeting \....r June 1, 1993 Commissioner Combs. seconded by Commissioner Woodson. moved to accept staff recommendation to change the grade system for those employees listed as a result of the wage and classification survey as required by Charter. Motion carried 5-0. RECESS 8:40 P.M. TO 8:50 P.M. First Reading of Ordinance No. 93-10, increasing Annual Salary of the Mayor and Commissioners. Second Reading and Public Hearing will be held June 15, 1993 at 7:30 p.m. This ordinance was presented by title for the first reading. Commissioner Combs commented that he respects Personnel Director Psaledakis' s review on this matter and he pointed out that this is not a raise for the seated Commission, nor for the ones elected at the next election, and he suggested changing the annual salary from $10,800 to $6,000 for the Mayor and from $8,400 to 4,800 for each Commissioner. Commissioner Johnson suggested reducing those figures to $3,600 for the Commissioners. He added further that he is not doing this job for the money but rather as a labor of love. \w Commissioner Woodson moved to table the issue until a future date. Motion died for lack of a second. Then Commissioner Woodson said there is a provision in the Charter already to take care of expenses so that the position will not be a financial burden. Commissioner Foster said that even though none of the seated Commission will benefit from this, it is appropriate to provide a salary that will attract the most desirable people. Personnel Director Psaledakis advised that she felt the figures provided in the staff report were just and fair, based on the studies made. Mayor Vandergrift said that this Commission has gone along with staff recommendations where employees wages are concerned and that this should be considered. Commissioner Combs. seconded by Commissioner Foster. moved to revise Ordinance No. 93- 10 for the second reading changing the annual salary to $6.000 for the Mayor and $4.800 for each Commissioner. Motion carried with 3-2 vote. with Mayor Vandergrift and Commissioner Woodson voting no. Review and Approval of Ad for Florida League of Cities Magazine Ouality Cities. City Manager Shapiro presented the proposed ad and explained that the cost for the full page ad is $477. He recommended including the designation of Mayor pro tern by Commissioner '-' 5 \... Ocoee City Commission Regular Meeting June 1, 1993 Johnson's name as well. Commissioner Foster. seconded by Commissioner Johnson. moved to proceed with the ad as recommended. Motion carried 5-0. Appointments to Boards. - (continued from May 18, 1993) Code Enforcement Board - Phillip Rowe - 3 year term expires June 1993; Robert Imes - resigned, 3 year term expires November, 1995. Commissioner Johnson. seconded by Commissioner Combs. nominated Denise Lenko to serve a 3 year term in the position vacated by the expiration of Phillip Rowe's term. Motion carried 5-0. Commissioner Foster. seconded by Commissioner Woodson. nominated Carolyn Alexander to serve in the position vacated by the resignation of Robert Imes. such term expiring November 1995. Motion carried 5-0. Commissioner Johnson. seconded by Commissioner Woodson. nominated Eric Barnett to complete Carolyn Alexander's term as alternate member on the Code Enforcement Board. such term expiring September 1995. Motion carried 5-0. Planning and Zoning Commission - Tanya Miller - 3 year term expires June 1993. Commissioner Foster. seconded by Commissioner Combs. moved to reappoint Tanya Miller to serve another 3 year term on this board. Motion carried 5-0. Commissioner Johnson reiterated his remarks about needing more citizens to volunteer to serve on the advisory boards. City Clerk Grafton was directed to advertise this need. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Woodson: 1) Thanked Parks Department for cleaning up the Cemetery. 2) Commented that he thought we stopped garbage service on holidays and he saw garbage trucks out on Memorial Day. Public Works Director Brenner advised that not picking up garbage on holidays had been tested and the practice caused more problems than it solved. He advised that in the future garbage will be picked up on holidays if the County transfer facility is open to accept the garbage. Commissioner Combs: 6 Ocoee City Commission Regular Meeting '-" June 1, 1993 1) Advised that Administrative Secretary Ellen King is having open heart surgery Wednesday at Florida South Hospital, and he asked for prayers for her safe and speedy recovery . 2) Advised that the Historical Commission has requested that the bricks that were to be saved when Richmond Avenue was sold be recovered and used in the area of the new City Hall. He said that Homer Allen, who had purchased property from the City had advised that he found some of the bricks on that property and would return them. City Mana~er Shapiro said he would trace the rest of the bricks and report back. Commissioner Foster: 1) Reported that the caution light on the south side of the Fire Station is not operating. 2) Requested that Commission consider canceling one of the meetings in either July or August for vacation if it does not interfere with the flow of work. '-' Commissioner Johnson: 1) Asked what the problem is with the grass on Pop Warner Ball Field, as it needs to be replaced again. City Mana~er Shapiro advised that a full report will be made at the June 15 meeting. 2) Reported a trailer at Pioneer Key Park 1 that has building supplies stacked high around it. City Manaa:er Shapiro said that the trailer has been cited by Code Enforcement and will be on the next Code Enforcement agenda. Mayor Vandergrift advised that there are overweight trucks using those roads again. 3) 2Ih weeks ago street signs in PKP 2 were down and were left visible so they could be put back up and they are still there. 4) Talked about the West Orange and Blue games. Mavor Vander~rift: 1) Read a commendation from the Medical Director for Ken Strickland and Jerry Reep who saved a citizen's life using the defibrillator. 2) Friends of Lake Apopka will be planting plants to help Lake Apopka clean itself up on Saturday. ADJOURNMENT The meeting adjourned at 9:50 p.m. Attest: APPROVED: City of Ocoee '''-' 7