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HomeMy WebLinkAbout08-02-94 ~ MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD AUGUST 2, 1994 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. Pastor Lester Weldon, Ocoee Church of God of Prophecy, led in the prayer and Mrs. Frances Watts, Senior Citizens President, led in the pledge of allegiance to the flag. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Building Official Flippen, Planning Director Wagner, Personnel Director Psaledakis, Recreation Director Beech, Acting Police Chief Wilson, Fire Chief Strosnider, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mrs. Cathy Morrison, March of Dimes Community Services Director, presented a plaque denoting "Top New Team" to the City of Ocoee Fire Department team in appreciation for their contribution to, and participation in, the West Orange WalkAmerica in April 1994. Chief Strosnider accepted the award on behalf of the department and expressed his appreciation for ~ the team-mates who, in addition to donating from their pockets and walking the walk, had collected a large portion of the $1,400+ in a boot drive. He then introduced members of one of the shifts of the Fire Department from Station One: Lt. Larry Bras, Firefighter Paul Whitaker, Firefighter Tony Daum, Firefighter Jeff Cook, and Engineer Mike Reed. CONSENT AGENDA The consent agenda consisted of items A, B, C, and D. Commissioner Foster. seconded bv Commissioner Combs. moved to approve the consent agenda as presented. Motion carried 5-0. A. ACCEPTANCE AND APPROVAL OF MINUTES OF THE REGULAR MEETING HELD JULY 19. 1994. B. APPROVAL AND AUTHORIZATION FOR MAYOR AND CITY CLERK TO EXECUTE OUIT CLAIM DEED FOR A PORTION OF OCOEE INDUSTRIAL PARK. C. ApPROVAL AND AUTHORIZATION TO AWARD PALM DRIVE PARK GRADING PROPOSAL. D. APPROVAL AND AUTHORIZATION TO EXECUTE STATE GRANT AWARD AGREEMENT FOR THE WITHERS-MAGUIRE HOUSE. COMMENTS FROM CITIZENS/PUBLIC Mrs. Ann Stakemiller, 715 E. Lakeshore Drive, expressed appreciation to Public Works Department for the speedy response to her requests presented at the last meeting regarding the mowing needed in different parts of town. '-' Ocoee City Commission Regular Meeting '--' August 2, 1994 Mr. Jerry Kirk, 527 7th Avenue, Gotha, addressed Commission regarding the appropriateness of the American flag on display in the commission chambers. He said that the flag trimmed with gold fringe is a military flag and the one properly used in civilian meetings is without gold fringe. Mr. Shapiro said that staff will research flag etiquette and make a change if confirmation to this is found. Ms. Wanda Snodgrass, 2450 Andre Court, asked that appropriate signs be placed in their cul- de-sac to stop the speeding traffic as there are children playing in the area. A committee made up of the City Engineer. Police Chief. and Public Works Director will evaluate the problem. make a recommendation to City Manager and action will be taken. Ms. Carmen Helderman, 1901 Adair Street, #7, questioned the legality of the City's practice of requiring a $160 water/sewer deposit without paying interest or providing for a refund. City Attorney Rosenthal advised that the City's practice is legal as the City is not controlled by the Public Service Commission. but that the funds could be refunded should the City choose to change its policy. City Manaeer Shapiro said that he plans to recommend such a change at the next meeting. Administrative Services Director Beamer advised that the proposed change will also include stipulations regarding: those accounts that have been delinquent. '-' PUBLIC HEARINGS RESOLUTION NO. 94-15, ABANDONING AND VACATING A CERTAIN SIXTY FOOT INGRESS/EGRESS EASEMENT in the NE It. of the NW It. of Section 32, Township 22 South, Range 28 East - Maguire Road Corporation/Cross Creek Development Company. City Attorney Rosenthal read the title of Resolution No. 94-15, explained the history of this case and noted that the advertising had been done according to City Ordinance by posting the property, publishing in a local newspaper and sending notices to the owners of property within 300' of the subject property using the addresses on the property tax roll. Mr. Scott Wilt, Attorney for the applicant and owner, explained that the requested vacation was for a 60' easement that was created in a deed between two private property owners and that deed had come to the City of Ocoee in a land swap. The easement had been used by the City in the past but is no longer needed as the City has another access route to use. Mr. Wilt said that the notice of this public hearing was posted on the Moore Road side of the property, was listed in the legal ad section of the Orlando Sentinel, and was delivered by first class mail to all property owners with 300' of the property, using the computer printout of the addresses on the tax roll which had been provided for City staff to use in mailing the notices. Mr. Wilt said that Kirk Construction Company owns land on the east side of this easement but that the easement lies entirely within his client's property. When letters were sent to the utilities prior to this petition, Florida Power had requested that the 10' easement lying close to this 60' easement be extended to lot 57 and they have complied with this request. ~ 2 Ocoee City Commission Regular Meeting '-- August 2, 1994 Mr. Jerry Kirk, owner/president of Kirk Construction Company, asked that this hearing be postponed as he had not received the mail notice until August 1 because it had been sent to the wrong address and he had not had time to prepare for the public hearing. He stated further that the sign had been posted on a relatively unused roadway rather than the nearest right-of-way per City Code. Mr. Rosenthal read from the Code and determined that no such requirement was written therein. The public hearing was opened. Mr. Kirk, 527 7th Avenue, Gotha, said (1) that 7th Avenue is considered a public right-of-way and appellate courts have determined that a right-of-way will be divided equally when vacated; (2) since September of 1983 he and his family have used the easements for N/S egress with permission from Mr. Maguire (owner at the time); (3) electrical sub contractors have violated No.8 in the recorded easement regarding 10' utility easement and roadway; (4) many feet of dirt have been removed resulting in a washing away of his property. There was discussion about continuing the public hearing to a later date, but it was determined that the notices had been sent according to the Code and it was the tax-payer's responsibility to keep the tax collector apprised of any change of address. As no one else wished to speak, the public hearing was closed. Commissioner Combs. seconded bv Commissioner Johnson. moved to adopt Resolution No. 94-15 vacating and abandoning a certain 60' easement in Section '-' 32. Township 22. Range 28 East. On roll call Commissioner Combs voted "ave. " Commissioner Foster "ave." Commissioner Gleason "ave." Commissioner Johnson "ave." and Mavor Vandergrift "ave." Motion carried 5-0. RECESS 8:43 - 8:50 P.M. OTHER BUSINESS THIRD QUARTERLY FINANCE REPORT. Administrative Services Director Beamer reported that, as in the previous financial reports, there were no problems, and revenue still exceeded expenditures. The figures included lump sums for the mid-year amendment and no problems were anticipated in closing out the year. Mavor Vander!!l'ift. seconded bv Commissioner Gleason. moved to accept the report and to thank Staff for a iob well done. Motion carried 5-0. ANNUAL BUDGET MESSAGE FOR FY 94-95. City Manager Shapiro read the annual budget message into the record (see attached). Mavor Vander!!l'ift. seconded bv Commissioner Johnson. moved to accept the annual budget message as presented. Motion carried 5-0. '-" 3 Ocoee City Commission Regular Meeting ~ August 2,1994 DISCUSSION RE: CITY MANAGER CONTRACT. During considerable discussion regarding the proposed contract renewal for City Manager Shapiro, each Commissioner expressed his views on the renewal, including the timeliness of this consideration and especially some of the proposed provisions, i.e., reinstating the clause providing for the City Manager's salary to be 10% over the highest paid staff member, and the continuing of benefits following termination without cause in the event the benefits at his new employment are inferior to those provided by the City of Ocoee. City Attorney Rosenthal advised that it was Commission's prerogative to consider the contract at this time, as the six- month clause did not preclude discussion/negotiation earlier. He stated also that this proposed contract was not an extension but rather was a modification of the existing contract. During the discussion Mr. Shapiro said he felt the 10% clause was valid but that it was not his intent to include the clause requiring the City to continue benefits after he gained employment elsewhere, that the benefits should end when his employment elsewhere was effective. The floor was opened to public comment. Mrs. Pat Bond, Mr. Harold Switzer, Mr. R. P. Mohnacky, Mr. Lou Landefeld and Mayor Dabbs all spoke in favor of renewal of the contract. Commissioner Combs. seconded bv Commissioner Gleason. moved to accent the contract with Citv Manager Shaniro as nresented to include the 10% clause but revising sub-section 3 1 iv '-" (b) to read "the date that the Emnlovee obtains full-time emnlovment with another emnlover. " Commissioner Gleason moved to amend the 10% clause and then withdrew his motion. Commissioner Foster. seconded bv Commissioner Gleason. moved to amend the motion to "for a term of thirtv months beginning Julv 31. 1994 and ending January 31. 1997. " Amendment to the motion carried 4-1 with Mavor Vandergrift voting "nav." Motion as amended carried 4-1 with Mavor Vandergrift voting "nav. " PURCHASE OF 350 KW GENERATOR FOR MUNICIPAL COMPLEX. Administrative Services Director Beamer advised that the used generator purchased in Stark and intended for use in the new municipal complex has been found to be inadequate for the task and can be made available for sale. On an emergency basis, a new Cummins/Onan 350 KW, 300 gallon base fuel tank for $41,600 and a new 800 Amp transfer switch for the Police Department at a cost of $15,961.40 has been authorized and ordered, and she requested Commission approval of this emergency action. Commissioner Gleason. seconded bv Commissioner Johnson. moved to accent staff recommendation to annrove the emergencv nurchase of the .enerator~ transfer switch. and include as well Amber's time and materials. Huber's suoervision and Com uter Power Svstem's time and material to comnlete the work necessary for relocating the Police Denartment to its new building and confirm the emergencv nurchases noted. Motion carried 5-0. '-'" 4 Ocoee City Commission Regular Meeting '-'" August 2, 1994 APPOINTMENT TO BOARD - PD CITIZENS ADVISORY COUNCIL. RICHARD DAVIS' TERM EXPIRES SEPTEMBER 1994, AND DAVID AHO'S RESIGNATION WAS EFFECTIVE JULY 11,1994. Commissioner Gleason. seconded bv Commissioner Combs. moved to reappoint Mr. Richard Davis for a 3-vear term to the Police Department Citizens Advisorv Council. Motion carried 5-0. No action was taken to fill the vacancy caused by Mr. Aho's resignation. STAFF REPORTS - There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Gleason: 1) Reported that at Bluford/Silver Star intersection vehicles turning right cause a problem with school crossing traffic and he asked if a restriction on such turning can be put into effect during school crossing hours. Staff will review and check with State. 2) Expressed appreciation that City Manager's office is always open to him and his questions are answered. '-" Commissioner Combs: 1) Said that Code Enforcement Board Member Denise Lenko' s letter proposing the use of a private process server for Code Enforcement would be turned over to Staff, because certified letters to some habitual violators continue to be returned to City. 2) Expressed appreciation that for the six years he has held office, City Manager's door has always been open to him and he has been able to communicate. 3) Said he is looking forward to the campaign with Mayor Vandergrift. Commissioner Johnson: 1) Reported that the "No Trespassing" signs on Kimball Street are faded out. 2) The white line at the railroad track and Wurst Road should be painted. 3) Said that, although in the last few years the Police Department Citizens Advisory Council has reserved the right to submit recommendations for membership to that committee, the ordinance establishing the Council requires that the City Commission appoint the members of their choice. Mrs. Hager spoke from the audience and said that the Council's by-laws provide that the Council should make recommendations to City Commission for members. City Clerk will provide the ordinance for Commissioner Johnson for distribution. 4) Referring to recent discussions regarding restrooms at parks, said there is an immediate need for the restrooms at the ball fields as the season is beginning but the budget is not yet adopted. Mr. Shapiro advised that a portion of the $38.000 in Contingency could be used for that purpose: also that the funds earmarked for Sorenson Field could be used on the lake park and be replaced mid-year in time for the Little League ~ames later in ~ 5 Ocoee City Commission Regular Meeting ~ August 2, 1994 the year. Commissioner Johnson requested a design for the restrooms that aesthetically blended with the area rather than two concrete plugs stuck out there. ***** MAYOR VANDERGRIFT DECLARED THIS TO BE AN EMERGENCY ITEM. ***** Commissioner Johnson. seconded bv Commissioner Gleason. moved to use UP to $20.000 from General Fund Contingencv to build the restroom facilities at Bulldog Field. Motion carried 5-0. 5) His son's Big League-Little League team won sectional at Tampa and will place at least second place in the State District 14. Mayor Vandergrift asked that the team be invited to a Commission meeting to be introduced. Commissioner Foster: Will be unable to attend the East Central Florida Regional Planning Council meeting on Wednesday, August 17 at 10:00 a.m. and asked that one of the Commissioners contact him about attending in his place. Mayor V ander~rift: 6) Asked that the police funeral escort service be reinstated. Essex Boulevard is sweating. Asked for wire trash baskets in the Cemetery, and that the tin trash containers at the lakefront be changed to wire baskets. Appreciated Public Works taking care of the mosquito breeding water basin at the Cemetery as he requested. Said that research of the minutes regarding Recreation Center construction did not reveal the discussion mentioned by City Manager. Mr. Shapiro said he had found the same to be true. that a report was made regarding the bids being too high and. after that. different Commissioners had suggested possibly going to a g:ymnasium if the cost was going to be that high. He said he had asked staff to look at the possibility of using other architects who might be interested in doing a drawing of a metal building that might include a gymnasium so that the figures would be available at budget review. Said that the motion regarding school crossing guards was for the 10 week period specifically requested by Ocoee Elementary School and the City cannot assume that program as proposed in the new budget. Mr. Shapiro recalled that he had promised that he would put it in the budget for next year for all five positions and has done so. including the training. Apologized to citizens in the audience for not conducting the meeting exactly as they would have done if they had been in charge. Said that he tries to maintain the meeting on a level other than personal but it does not always work. ~ 1) 2) 3) 4) 5) '-' 6 Ocoee City Commission Regular Meeting ........ August 2, 1994 ~ \., ADJOURNMENT The meeting adjourned at 10:55 p.m. APPROVED: City of o%ee ,; ~ ~1dJ- l AAM . Scott Vandergrift, Mayor 7