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HomeMy WebLinkAbout10-05-93 '- MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD October 5, 1993 CALL TO ORDER Mayor Vandergrift called the regular meeting of the Ocoee Board of City Commissioners to order at 7:30 p.m. in the commission chambers. The opening prayer was led by Pastor Lester Weldon of the Ocoee Church of God of Prophecy, and the pledge of allegiance was led by Mrs. Frances Watts, president of the Senior Citizens. 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, Planning Director Wagner, Personnel Director Psaledakis, Capital Projects/Concurrency Analyst Resnik and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift read 2 proclamations: 1. Proclaiming October 24, 1993 United Nations Day in the City of Ocoee, and 2. Proclaiming October 3-9, 1993 Florida City Government Week in the City of Ocoee. '-' CONSENT AGENDA The consent agenda consisted of items A and B. Commissioner Foster. seconded bv Commissioner Woodson. moved to approve the consent agenda as presented. Motion carried 5-0. A. Acceptance and Approval of Minutes of Re~lar Commission Meeting of September 21. 1993 and Budget Public Hearing of September 27. 1993. B. Approval and Authorization for Mayor and City Clerk to Execute Distribution Easement for Florida Power Corporation - Effluent Disposal Site/Golf Course. COMMENTS FROM CITIZENS/PUBLIC Mrs. Betty Goble, 1118 Caballero Road, said that she has been asked to help start a neighborhood watch program in the Peach Lake area and that the first meeting is scheduled for Thursday, October 7 in the Recreation Center beginning at 6:30 p.m. PUBLIC HEARINGS ORDINANCE NO. 93-17, UPDATING INTERIM SERVICES FEES. This ordinance was presented by title only for the second reading and public hearing. City Manager Shapiro asked that the public hearing be opened and then continued until the October 19 meeting in order for several items to be updated. The public hearing was opened and Administrative Services Director Beamer explained that the Interim Services Fees were initially adopted in Ordinance No. 91-26 effective October 1, \. 1991, and that this ordinance will update the fees based on the budget adopted for the fiscal year '-'" Ocoee City Commission Regular Meeting October 5, 1993 1993-94. These fees have to do with those demand services that are put upon the City after a piece of property has been improved and before the tax appraiser processes the information for the tax roll. Mr. R.P. Mohnacky, 1820 Prairie Lake Blvd., asked for an explanation of the block of figures on the ordinance. City Manager Shapiro explained that the court requires that certain factors must be used to prove the figures. Commissioner Combs. seconded bv Mavor Vanderl!I'ift. moved to table the issue until October 19. 1993 regular meeting. Motion carried 5-0. ORDINANCE NO. 93-18, ADOPTING PERSONNEL RULES AND REGULATIONS. This ordinance was presented by title only for the second reading and public hearing. Personnel Director Psaledakis introduced former Mayor Dabbs, who served as Chairman of the Personnel Committee. \...- Mr. Dabbs expressed his appreciation for the opportunity to serve the employees in this manner and he talked about the challenges encountered and the true sense of accomplishment with the finished product. Mr. Dabbs said that he was especially impressed with the courtesy and respect the committee members employed throughout the deliberations, and he recommended a commendation for Personnel Director Psaledakis for her very capable guidance during the whole process of revising the personnel rules and regulations. He then introduced Mrs. Betty Hager, who served as Chairman of the Personnel Board. Mrs. Hager recommended approval of the document and said that, as a former Commissioner and wife of a City employee, she had many reasons to be interested in the document being presented as the revised rules and regulations for personnel. Mrs. Hager said that she also had appreciated the opportunity to serve in this manner. Personnel Director Psaledakis thanked the Committee, the Board, the Employees and Foley & Lardner for the cooperation and many hours of hard work. The public hearing was opened. Mayor Vandergrift announced the names of the members of both the Committee and the Board and introduced those who were present to the audience. He said that he does not fully agree with all of the document but that if the employees like it he will go along with it. There were no further remarks from the audience and the public hearing was closed. Commissioner Johnson. seconded bv Commissioner Woodson. moved to enact Ordinance 93-18. adopting the Personnel Rules and Regulations as presented. On roll call Commissioner Combs voted "ave." Commissioner Foster "ave." Commissioner Johnson "ave. " Commissioner Woodson "ave." and Mavor Vandergrift "ave." Motion carried 5-0. '-" 2 Ocoee City Commission Regular Meeting ~ October 5, 1993 OTHER BUSINESS DISCUSSION RE: EMERGENCY PREPAREDNESS CHECKLIST (Tabled from September 21 meeting). Mayor Vandergrift advised that he had been told some months ago that an emergency plan was being prepared and he had asked to be included in the preparation of the disaster plan as he was the person who is responsible for the City in an emergency. He said that if indeed a plan existed he had not been consulted or included in the planning process but had attended a seminar and brought back a check list of concerns which he had presented to City Manager Shapiro. City Manager Shapiro advised that there is a document which has been approved by Commission which primarily details employees' duties. He stated that the shelters and the citizenry are under the control of the County, and the City must wait for the County Chairman to announce an emergency situation. The approved disaster shelter is West Orange High School and the Community Center may only be used as an interim station to collect citizens for transporting to WOHS. Hurricane Andrew revealed to many cities that the weakness in the existing system is the care for employees' families and that is being addressed. '-' Pastor Weldon reported that the American Red Cross had contacted several churches with no response and he had pursued the issue. Mr. Shapiro said that the same thing happened in 1990 and the Red Cross had turned down all the available buildings due to structural or other inadequacies. Mayor Vandergrift expressed his feelings about being left out of the planning and said that he wants a plan presented to Commission as soon as possible. RESOLUTION NO. 93-08, ADOPTING CONCURRENCY REPORT AND INFRASTRUCTURE DEFICIENCIES MAP. This Resolution was presented by title only. Capital Projects/Concurrency Analyst Resnik advised that the staff report covers most of the issues and directed Commission attention to the tables in the back of the report. Ms. Resnik said that there is a need to focus on the roads that are already over 100 %, and recommended that Maguire Road be shown as deficient. She reported also that the City has received urban designation from the State and Federal Highway Commission and a Comp Plan amendment is in order to change the Level of Service designation. Commissioner Foster. seconded bv Commissioner Combs. moved to adopt Resolution No. 93-08. adopting the annual concurrency report and Infrastructure Deficiencies Map as presented. Motion carried 5-0. RESOLUTION NO. 93-14, RELATING TO CABLE RATE REGULATIONS (FCC CERTIFICATION) . '--' 3 Ocoee City Commission Regular Meeting '-" October 5, 1993 ~ ~ This Resolution was presented by title only. Ms. Resnik explained that at the last meeting she was directed to proceed with the filing of an application with the Federal Communications Commission to certify the City to regulate cable television rates and this Resolution is a part of the process. Commissioner Woodson. seconded bv Commissioner Foster. moved to adopt Resolution No. 93-14. authorizing the City Manager to file an application with the Federal Communications Commission to certify the City to regulate cable television rates and providing for service of said application upon the cable television operator doing business in the Citv. Motion carried 5-0. DISCUSSION RE: CHARTER Commissioner Combs opened the discussion with an explanation regarding the City Charter which governs what each member of the Commission can and cannot do, saying that early in Mayor Vandergrift's administration a meeting was held to review the Charter with all department heads and full Commission present in order to clear up any misconceptions concerning its interpretation. As it appeared that this was to be a lengthy presentation Mayor Vandergrift called a short recess at this point. RECESS 8:37 P.M. TO 8:47 P.M. Commissioner Combs resumed his presentation with a list of Mayor Vandergrift's violations of the Charter, as evidenced by memoranda citing incidents over a period from February 1993 through August 1993 from employees, department heads and City Manager Shapiro. Commissioner Combs. seconded bv Commissioner Johnson. moved that: II The Mavor refrain from issuing any verbal or written directives to City staff and that any reauests for City staff assistance be directed through the City Manager. ~ The Mavor refrain from scheduling meetings with representatives of other governmental agencies or representing himself to such agencies as an official spokesman of the Citv. ~ The Mavor refrain from making statements which may be construed as official positions of the City unless such statements have been approved bv the City Commission or City Manager. ~ The City Manager notify other governmental agencies dealing with the City that the City Manager is the Chief Administrative Officer of the City and that all official communications should be directed to the City Manager. ~ When appearing in public the Mavor is encouraged to make it clear when his positions represent his personal views as opposed to the official policy of the City. 2l The Mavor refrain from taking any actions which may impede the orderly administration of the Citv. 71 Anv advisorv or other committees formed bv the Mavor or any City Commissioner be charged for the use of public facilities on the same basis as other private groups unless the formation of such committee has been approved bv the City Commission. 4 Ocoee City Commission Regular Meeting ~ October 5, 1993 .ID. None of the foregoing actions should be construed in any way to limit the right of the Mavor to freely express his views. to represent himself as Mavor of the City of Ocoee. or to communicate with employees of the Citv. but that such actions are intended to uphold the Ocoee City Charter. prevent public confusion as to whether or not statements made bv the Mavor represent the official policy of the Citv. and avoid disruption of the administration of the Citv. Commissioner Foster said that the Charter is specific on the duties of the Mayor and Board of City Commissioners and covers all the items referred to in this motion. Mr. Bruce Beatty, 1327 Olympia Park Circle, speaking as Chairman of the Charter Review Commission and to give some historic perspective to the issue, said that they had wrestled with the form of government needed for this city and determined that we would need professional guidance, i.e., city manager as opposed to strong mayor. '-' Commissioner Foster. seconded bv Commissioner Woodson. moved to amend the motion to include the Mavor and all Commissioners as the entire Commission is bound bv the same rules. Commissioner Johnson said that he understands what the Charter says and also what Commissioner Combs means, that he already complies with the Charter, and it is important to work with the full Commission to work out the problems of the City and not butt heads. Motion for the amendment carried 3-2 with Commissioner Combs and Commissioner Johnson voting no. The motion as amended is as follows: Move that the following policy be adopted for the Mavor and Commissioners: 11 The Mavor and Commissioners refrain from issuing any verbal or written directives to City staff and that any requests for City staff assistance be directed through the City Manager. The Mavor and Commissioners refrain from scheduling meetings with representatives of other governmental agencies or representing themselves to such agencies as an official spokesman of the Citv. The Mavor and Commissioners refrain from making statements which may be construed as official positions of the City unless such statements have been approved bv the City Commission or City Manager. The City Manager notify other governmental agencies dealing with the City that the City Manager is the Chief Administrative Officer of the City and that all official communications should be directed to the City Manager. When appearing in public the Mavor and Commissioners are encouraged to make it clear when their positions represent their personal views as opposed to the official policy of the Citv. 12 2.1 ~ ~ ~ 5 Ocoee City Commission Regular Meeting '-' October 5, 1993 ~ The Mavor and Commissioners refrain from taking any actions which may impede the orderly administration of the City. 12 Anv advisory or other committees formed bv the Mavor or any City Commissioner be charged for the use of public facilities on the same basis as other private groups unless the formation of such committee has been approved bv the City Commission. .ID. None of the foregoing actions should be construed in any way to limit the right of the Mavor or any Commissioner to freely express his views. to represent himself as Mavor or a Commissioner of the City of Ocoee. or to communicate with employees of the Citv. but that such actions are intended to uphold the Ocoee City Charter. prevent public confusion as to whether or not statements made bv the Mavor or any Commissioner represent the official policy of the City. and avoid disruption of the administration of the Citv. Motion carried 3-2 with Commissioner Combs and Commissioner Johnson voting no. \..,. Direction for Staff re: Non-Profit Organization Requests City Manager Shapiro advised that requests for donations from the City are beginning to come in and he asked for Commission's wishes regarding the manner in which these should be processed. He explained that in the past one of two methods was used: 1) handle each request as it comes in through the year on a case by case basis; and 2) schedule a meeting during which all non-profit organizations planning to request funds could appear and present their requests in person. Mayor Vandergrift asked that a list of those who were helped in the past be presented for consideration with staff recommendation as to the most efficient way to handle donations. Appointments to Boards Code Enforcement Board - Mark Slaby was moved to regular seat July 6, 1993. Need appointment to complete his term as alternate which expires October 1995. Mayor Vandergrift introduced Mr. Scott Glass, who had submitted an application to serve on a board and who was present in the audience. Mavor Vander!!rift. seconded bv Commissioner Woodson. moved to appoint Mr. Scott Glass to serve as alternate member on the Code Enforcement Board to complete Mr. Slaby's term which expires October 1995. Motion carried 5-0. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Foster: Agreed with Commissioner Johnson that Commission needs to work with unity and harmony for the good of the City and put an end to the bickering. .... 6 \w Ocoee City Commission Regular Meeting October 5, 1993 Commissioner Combs: No comments at this time. Commissioner Woodson: Read his letter addressed to the Mayor and Board of City Commissioners in response to comments made by his opponent at the September 27 budget public hearing regarding his vote on the millage rate. The letter stated that the information is provided by city staff, and while that is an important part of the decision making process, it is not the only one, as the input of the other Commissioners and the citizens is equally important in order to determine what is the right decision. '-" Commissioner Johnson: 1) Said he had asked some time ago about the cost of repainting the historical sign on Captain Sim's homesite, as the Sons of the Confederacy are going to raise the funds as a special project. City Manager Shapiro will get this information immediately. 2) Asked why the Howell house on South Bluford is still in a state of disrepair. The owners are having the same problem with financing as they had in the past. but City Manager will contact them and the financier again. 3) Read portions of Chief Boyd's memo regarding a rumor that he is supporting a particular candidate in this election. Commissioner Foster asked that the record show that it is not the incumbent causing this action. 4) Said he was misquoted by the Sentinel regarding his comments on the votes in the budget approval. Commissioner Woodson responded that he did not flipflop his vote. Mayor V ander~ift: Before his comments he permitted Betty Hager, Bruni Massa and Bruce Beatty to address Commission. Each of these citizens expressed concern over the image being presented by this Commission to the rest of the County and over the lack of cooperation shown in the meetings. Mr. Beatty reminded Commission they have a responsibility to take action against anyone who violates the Charter and he said that if they do not clean up themselves he would head up a committee to take class action to clean up the entire Commission. Mayor Vandergrift responded to each of the offenses noted by Commissioner Combs in his presentation under item VI D on this agenda concerning the Charter and then read his response to the issues presented at the prior meeting. (See Exhibit A to these minutes.) ~ ADJOURNMENT The meeting adjourned at 10:00 p.m. tte~ 7 ( ,I j",' \.,..{""A_'-~) 2/ .,f'/V Exhibit A to the 10-5-93 Minutes hi J19~ flt~ 7::t:1- ~Ay ~~ 1It?- f4 ~~~~~ RESPONSE FROM THE MAYOR TO COMMENTS FROM COMMISSIONER COMBS ON \....- 9/21/93 First, let me say that I would prefer not to be making this statement. Contrary to what some people like to believe, I do not set out to be controversial or to cause division on this commission. However, I am making this statement because I promised at the last meeting that I would respond to Commissioner Combs' comments. Since I have received a verbatim transcript of Mr. Combs' comments at the last meeting as I requested --and thank you Marian for supplying it-- I will respond to each of Mr. Combs' comments as made. Let me get one comment out of the way first. Regarding the wearing of my hat indoors, I hardly think it is relevant to the issues at hand, but if I have offended anyone let me offer an apology. I have never intended disrespect to anyone or any thing. I don't believe that my hat was worn in any inappropriate manner. However, I will be more conscious of the sensitivities of some individuals in the future. ~ Regarding my speaking to citizens within the community, I believe that it is my right--no my duty--to represent all of the citizens of Ocoee. You were quick to point out that the Mayor's position is one of Mayor/Commissioner. May I remind you that the Mayor is a position elected at large. The Mayor is not elected from a single district as Commissioners are. In my view the Mayor should, no must, represent all of the citizens. This is, in fact, what I promised when I sought this office last year. I am conducting myself in a way that is in no way contradictory to those promises. Since this is a small town, without its own print or electronic media to aid communication, the best way available to reach many of the citizens is to get out and meet with them face to face, at meetings or in informal gatherings. I must interject a response to Commissioner Johnson's remarks noted in the minutes. He stated that he always speaks openly with the people and lets them know what he is doing and will continue to do so. I don't see how a commissioner talking to the public is any different from the Mayor talking to the public. Mr. Johnson also commented about not attending homeowners' meetings because the Mayor is usually present and it would be in violation of the Sunshine Law. I am not aware that attendance at a meeting in order to gather information would be in violation of this law. It seems to me it would be no more in violation than two commissioners playing golf or cards together. Getting back to your verbatim comments, Mr. Combs, you stated that I have not cooperated with the Commissioners and that I am a loner. I must say that sometimes I feel like a "lone voice crying in the wilderness" in an attempt to have my ideas recognized and judged ,." 1 \.. '-' ~ for their merit rather than on their source or presentation. It is difficult to "cooperate with Commissioners" when their is no vehicle, other than a public meeting at which to communicate. Yet criticism is imposed on me when I raise questions at commission meetings. You mention that "we've had good mayors in this city. They have represented us properly." The implication in this statement is crystal clear. Actually, it is more than an implication; it is an explicit statement that I am not a "good" mayor and that I do not represent the commission properly. However, this is a judgment based on one person's interpretation of what is meant by "proper" representation. If it is "proper" to rubber stamp staff recommendations without questioning, if it is "proper" to accept without auestion recommendations for millions of dollars in expenditures, if it is "proper" to vote a certain way on any issue in order to achieve a unanimous vote of the commission, if it is "proper" to fail to bring up concerns of the citizens, if it is "proper" to fail to offer solutions and recommendations for the aood and benefit of the citv, if it is "proper" to fail to inform the citizens of tax increases, then,-- yes, I guess these actions would be judged as improper. Regarding the tax issue, I will not elaborate here, since this statement is from the meeting of 9/21 and not about what occurred at the budget hearing last week. To my recollection, I have never used the term "back-door politics" to describe this commission or the activities thereof. If any similar phrase was used, it was probably used in the context of MY having to go through the back door to get issues presented to this commission in public. I could recount numerous occasions on which I have made a request or recommendation for a policy or an action, only to have that idea dismissed out of hand with an inane comment like " it's against the law" or "there's too much liability." I learned very early in my tenure that, in order to have any of my ideas or concerns see the light of day, they must be brought up at a public meeting. Therefore, in my definition, "back-door" means inviting a citizen to a meeting to present ideas and concerns for himself or herself, rather than depending on the presentation of the "ceremonial Mayor." If this is "back-door" then so be it. It gets the issues to the public at a public meeting, which is the necessary and "proper" forum. Don't confuse the term "back-door politics" with "back-room politics." This is a term I have not used in speaking with the public and I will not use it now. Just be sure you get your definitions straight. You, Commissioner Combs, have said in the past that you do not like surprise information put forth in public meetings. I guess that means unless you do it, with your seemingly constant personal attacks on me. I believe that any time and any where an idea should 2 ~ be able to stand on its own with adequate information, lively dialogue, and even spirited debate based on the merits of the idea and not on attacks of the person who has spawned the idea. You stated that you don't like to speak as you did in public but that you were not going to wait until September of 1994 to do it. You, Sir, have made a personal attack on me and have questioned my motivation. You have asked where my heart lies in this city. This city is my birthplace. If my heart did not lie in the good of this city, I would not be here in this position, suffering endless verbal abuse and personal attacks from elected and nonelected personnel as well as from certain individuals from the public. If my heart did not lie in this city, I would not be here to suffer personal threats and harassment regarding my personal life and business, and I would not have to have citizens whom I have encouraged to speak up to this commission be abused and intimidated by some members of this commission. You mention that I have a "running verbal battle with our City Manager" and you don't know why. The only comment I will make to this is if you don't know why then you are a lot less perceptive than you claim to be. Also, it takes two to make a battle -- verbal or otherwise. ~ Regarding going to the staff, you remind me that I have a "ceremonial position as Mayor," and that I have to go by the same rules as the other commissioners. Maybe it would help if I were treated by the same rules as yOU and the other commissioners are. I'm not sure how you are defining "staff," but I can say that most of the personnel at City Hall have been cooperative. If you are referring to placing items on the agenda or discussing other issues in advance of the meeting with the City Manager, I can only say that I've been told that I have no input into such matters. I have received copies of letters to individuals or groups from the City Manager in which he stated that he has "polled the Commission..." when, in fact, I have not been polled at all. You have told me to work with the staff and they will be cooperative, when in reality the staff has made little attempt to work with me. They have seldom solicited my input or my opinion. This is why my only recourse is to bring up items and issues in a public meeting. As to the remark about "bullying" the staff, I find this extremely offensive and uncalled for. I have never, to my knowledge, "bullied" anyone on the staff and if any member of the staff feels differently then I invite him or her to call me to discuss this. I have been falsely accused of other actions before, but never of "bullying." In fact, it is because of these other false and unfounded accusations that I have avoided dealings with the staff ~ 3 ~ and ci ty hall in general in order not to be the target of additional attacks. I wonder why you have "a major problem with things" that I am telling the public. The public has a riqht to know about issues that affect them and their money. You, the other commissioners, and I are public servants. We are responsible to those who elected us to look after the public's best interests--not our own interests. Finally, you accuse me of politicking. If this were not so serious an accusation, it would almost be laughable. As I stated earlier, I am conducting myself according to the manner I established and the promises I made when I ran for this office. I have not declared--IS months in advance--that I am running for Mayor. I have not set up a campaign treasury. I have not even decided to run again. In fact, I spend so much time trying to deal with the problems at hand that I don't even have time to think about what I will or will not do one year from now. Let's handle today' s problems first. If there is any politicking going on here, it is from YOU, Mr. Combs! Since you declared your candidacy, you have used every opportunity, including your attack on me at the last meeting, to promote yourself. You have taken every opportunity to point out how I am, in your opinion, not representing this commission. Well, Mr. Combs, I do not represent this commission--I represent the DeoDle of Ocoee. ~ At a meeting in December, 1992 when votes were cast to renew the City Manager's contract, I made a statement. I said that I felt that, even after two months, the election was not yet over. I said then that it was time to set aside differences and start to heal the commission and the feelings in the city. I cast my vote at that time in hopes that that vote would lead to healing. Well, no healing has taken place. If anything, wounds continue to be picked at and new wounds are continually opened. I say now that it is time for all members of this commission to reexamine their motivation and to put aside personal differences, to put aside personal interests, to refrain from politicking at public meetings, and work for the qood of the DeoDle of this city and not staff or our own private or personal agendas. '-" 4