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HomeMy WebLinkAbout11-07-95 '-'"' '-' ~ MINUTES OF THE CITY OF OCOEE CITY COMMISSION MEETING HELD November 7, 1995 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. The Rev. Arthur Dasher, West Orange Christian Service Center, delivered the prayer and Mrs. Frances Watts led the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Foster, Glass, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Personnel/Employee Relations Director Psaledakis, Building/Zoning Official Flippen, Planning Director Wagner, Police Chief Mark and City Clerk Grafton. ABSENT: None PRESENT A TIONS Certificates of Recognition were presented to Eagle Team Teachers: Debbie Nostro, Laurie Boculac, Lue Bastin, and Mike Boculac for assisting 150 seventh graders in turning a run down graffiti covered building on Ocoee-Apopka Road into a community project, collecting donated materials and painting the building. Anti-Litter Campaign Contest for Elementary School Children - Recognition of Winner and Honorable Mention to Other Contestants in the City of Ocoee. Commissioner Glass presented the following awards to Ocoee students who took part in the contest with their letters to a family member regarding what they can do to solve the litter problem: Sally Davignon, Windermere Elementary School 5th grader, was awarded a $100 savings bond and the following eight winners received a $50 savings bond: Regina Chung, Spring Lake Elementary, 4th grade Danielle Miller, Ocoee Elementary, 2nd grade Sara Rew, Clarcona Elementary, 5th grade Jose Rivera, Ocoee Elementary, 3rd grade Joseph Scott, Windermere Elementary, 3rd grade Felicia Spangler, Spring Lake Elementary, 4th grade Jennifer Tejada, Windermere Elementary, 5th grade Britni Wilson, Clarcona Elementary, 5th grade. Certificates of Recognition and a reusable lunch bag printed with the anti-litter slogan were sent to the remaining 29 finalists. Plaque of Appreciation - Commissioner Foster. Mayor Vandergrift presented a Plaque of Appreciation to Commissioner Foster for his many years of service to the community and especially for his years as Commissioner. Commissioner Foster spoke briefly thanking citizens for the honor of representing them. Christian Service Center The Rev. Arthur Dasher gave the history of the West Orange Christian Service Center and listed the services that will be under one roof since, through the generosity of the Dr. Phillips '--' Ocoee City Commission Regular Meeting November 7, 1995 Foundation, they have been able to purchase the Tru Value Store on Taylor/Franklin Streets. He said the new name will be "The Life Center" and he asked for volunteers, both in the service center and for the barbecue they are holding December 2 beginning at 11 :00 a.m. RECESS 8:15 P.M. TO 8:26 P.M. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, G, H, and I. Mayor Vandergrift pulled item E and F for discussion. Mayor Vandersrrift. seconded by Commissioner Gleason. moved to aoorove items A. B. C. D. G. H. and I of the consent agenda. Motion carried 5-0. A. B. C. D. '--' G. H. L. Acceptance and Approval of Minutes of the Re~lar Meetine held October 17. 1995 and Final Bude:et Special Session of September 20. 1995. Acceptance and Authorization for Mayor and City Clerk to execute Architectural Contract with Jim Swickerath for Lakefront Restrooms. Approval and Authorization to purchase additional FCIC II/NCIC 2000 Computer Workstation alone with the one authorized Au~st 15. 1995 from Forfeiture Fund for a not-to-exceed cost of $5.500 (2 for 1 price offered). Approval and Authorization for Mayor and City Clerk to execute an Interaa:ency Al:feement between Ocoee Police Department and Oranee County SHOCAP. Approval and Authorization for Plannine Director Russ Waener to serve as primary votinl: member and Planner Abra Dow as alternate votine: member of the Orlando Urban Area MPO's Transportation Technical Committee. Approval and Authorization for Final Fund Transfers for FY95. Approval and Authorization for Waiver of All Rezonine and Special Exception Fees Related to the First Church of the Nazarene. Inc. E. Approval and Authorization for Mayor and City Clerk to execute Al:feement re: City Manaeer Shapiro's Contract. Following a discussion clarifying that the payment to Mr. Shapiro's retirement fund would be based only on the salary paid and that Mr. Shapiro wished to be able to receive calls from prospective employers during regular working hours, Commissioner Gleason proposed that a selection process be started to prepare for Mr. Shapiro's replacement. Commissioner Glass indicated that might be premature as Mr. Shapiro has not yet been employed elsewhere and staff could carry on in the interim should that happen eventually. Mavor Vandersrrift. seconded by Commissioner Gleason. moved to aoorove and authorize the Mavor and City Clerk to execute the Agreement re City Manager Shaoiro's Contract as oresented. Motion carried 5-0. '-'" F. Approval and Authorization for Mayor and City Clerk to execute Interlocal Emereency Water Interconnect Al:feement with Orana:e County. 2 Ocoee City Commission Regular Meeting November 7, 1995 ~ Mayor Vandergrift asked if the flow is both ways with this water interconnection. City Engineer Shira responded that the flow direction is presently toward the City and the County will put in a meter going the other direction as funds allow. Mavor Vandersrrift. seconded by Commissioner Gleason. moved to aoorove and authorize the Mayor and City Clerk to execute the Interlocal Emergency Water Interconnect Agreement with Orange County as oresented. Motion carried 5-0. COMMENTS FROM CITIZENS/PUBLIC Mr. Jim Sills, representing the Lions Club, asked that the FDOT be contacted to close the roads for the Christmas parade on December 2 at 10:00 a.m.. Mayor Vandersrrift. seconded by Commissioner Glass. moved to authorize staff to reauest oermission to close the roads for the oarade. Motion carried 5-0. '-" PUBLIC HEARINGS ORDINANCE No. 95-27, AMENDING ORDINANCE No. 93-18 REGARDING PERSONNEL RULES AND REGULATIONS PERTAINING TO EDUCATIONAL INCENTIVES. This Ordinance was presented by title only for the second reading and public hearing. Personnel Director Psaledakis gave the staff report and advised that this amendment (1) provides that the elected/appointed members of the Educational Committee should be selected on an annual basis, (2) ends the requirement for repayment of part of the incentive funds for grades Band C, and (3) contains various changes in the routine process of applying/notifying, etc. She pointed out also that the selected Commissioner and employee committee members should be replaced or reappointed. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Foster. seconded by Commissioner Johnson. moved to adoot Ordinance No. 95-27 as oresented. Motion carried 5-0. FIRST READING OF ORDINANCE No. 95-28, RELATING TO SIGNAGE. SECOND READING AND PuBLIC HEARING WILL BE NOVEMBER 21, 1995. This Ordinance was presented by title only for the first reading and public hearing. The public hearing was opened. The question was raised regarding the effective date, and City Manager Shapiro advised that staff really needed some lag time between adoption and effective date in order to prepare the paperwork and that an effective date of January 1, 1996 would provide that needed time. Mavor Vandersrrift. seconded bv Commissioner Gleason. moved to amend Section 11 of Ordinance No. 95-28 to change the effective date to Januarv 1. 1996. Motion carried 5-0. '-" 3 Ocoee City Commission Regular Meeting November 7, 1995 '-" Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked if there would be any warning to citizens about the changes in the rules. City Manager Shapiro advised that an information packet would be sent to developers/businesses, etc. to make an easy transition. Building Official Flippen said that the City generally does not fine offenders immediately, only repeat offenders. Code Enforcement Chairman Sills confirmed that offenders are given ample time and opportunity to comply before they are brought before the Board to be fined. The public hearing was closed. Mayor Vandergrift announced that the second reading and second public hearing would be held November 21, 1996 in the commission chambers at 7:30 p.m. OTHER BUSINESS LEASE/PuRCHASE OF MOTOROLA 800 MHz RADIO SYSTEM. City Manager Shapiro advised that this radio system is state of the art and will mean that the City will no longer have communication problems. He explained that Orange County did not have room for the City of Maitland on their system, so that city purchased their own and a meeting is scheduled for November 13 to determine if the City of Ocoee will be able to purchase 1/3 of their system. In response to Mayor Vandergrift's question about the $4.00 surcharge voted on to cooperate with Orange County to help pay for this system, Administrative Services Director Beamer responded that it has been used to pay for the Fire 800 MHz system and it '-" would be switched to the Police system. R. P. Mohnacky asked if there will be a lot of towers and suggested using satellite. Mr. Eric Wapole, Motorola Account Manager, responded that technology has not advanced that far yet and the City will be using towers already in place for the County. INTERLOCAL AGREEMENT WITH ORANGE COUNTY. Commissioner Foster. seconded by Commissioner Johnson. moved to aoorove the Ooerational Assistance Agreement between the City of Ocoee and Orange County and authorizing execution by the Mayor and City Clerk. Motion carried 5-0. COMMUNICATIONS SYSTEM AGREEMENT. Commissioner Johnson. seconded by Commissioner Glass. moved to aoorove the Communications System Agreement between Motorola. Inc.. by and through its Land Mobile Products Sector. and authorizing execution by the Mayor and City Clerk. Motion carried 5-0. SOFfW ARE LICENSING AGREEMENT. ~ 4 Ocoee City Commission Regular Meeting November 7, 1995 '- Commissioner Gleason. seconded by Commissioner Foster. moved to aoorove the Software License Al!reement between Motorola. Inc. and the City of Ocoee and authorizing execution by the Mayor and City Clerk. Motion carried 5-0. SERVICE CONTRACT. Commissioner Glass. seconded by Commissioner Johnson. moved to aoorove the Service Al!reement with Motorola Communications and Electronics. Inc. and authorizinl! execution by the Mayor and City Clerk. Motion carried 5-0. REsOLUTION No. 95-22, LEASE/PuRCHASE AGREEMENT. This Resolution was presented by title only. Mavor Vandersrrift. seconded by Commissioner Gleason. moved to aoorove the staff recommendations set forth in Ms. Beamer's memorandum dated October 30. 1995. Le.. (1) aoorove the transfers from Water Contingency ($8.143.67), Wastewater Contingency ($8.143.67) and Stormwater Contingency ($813.06) to the resoective Caoitalline items for the purchase in full of their eQuioment: (2) acceot the lease with Riverside National Bank with the terms being five years at an effective annual rate of 5.828 % and Quarterly oayments in advance of $41.0089.37: (3) aoorove Resolution No. 95-22: and (4) authorize the Mayor and City Clerk to execute all the necessarv documents. Motion carried 5-0. "- RESOLUTION No. 95-23, LEASE/PuRCHASE AGREEMENT FOR 1995/1996 LODAL EVO-MAG- 20 SIDEWADER, SOLID WASTE. This Resolution was presented by title only. Administrative Services Director Beamer gave the staff report and said that this purchase will enable the City to complete the cart system city- wide in February. Mavor Vandersrrift. seconded by Commissioner Gleason. moved to aoorove the staff recommendation in Ms. Beamer's staff reoort dated October 30. 1995. Le.. (1) aoorove the lease/ourchase agreement with Riverside National Bank for five years at 5.828% effective annual interest rate and Quarterly oayments in advance of $6.634.54. (2) aoorove Resolution No. 95-23 and leasing al!reement. and (3) authorize the Mayor and City Clerk to execute all of the necessarv documents. Motion carried 5-0. WITHERS MAGUIRE HOUSE Change Orders 1&2 to Mitchell Building Contractors, Inc. for Phase III. Administrative Services Director Beamer gave the staff report and requested approval of the change orders. She said that the total cost of the renovation of the interior was $208,791.30. Commissioner Gleason. seconded by Commissioner Glass. moved to acceot the oreviously authorized Chanl!e Order 1 in the amount of $2.726.30 to Mitchell Building Contractors. Inc.. and (2) aoorove Change Order 2 to Mitchell Building Contractors. Inc. for $1.813.00: (3) authorize the Mayor and City Clerk to execute Chanl!e Order 2: (4) aoorove the transfer of $3.121.69 from FY96 001-511-4620 to Fund 607: and (5) close-out Phase III of the Withers- Maguire Renovation with comoletion of all the proposed tasks. Motion carried 5-0. '-'" 5 Ocoee City Commission Regular Meeting November 7, 1995 '-' ApPROVAL OF MAINTENANCE AGREEMENT WITH MITCHELL BUILDING CONTRACTORS IN THE AMOUNT OF $4,878. Commissioner Gleason. seconded by Commissioner Foster. moved to aoorove the Maintenance Agreement with Mitchell Building Contractors. Inc. for a not-to-exceed the amount of $4.878.00. Motion carried 5-0. RESOLUTION No. 95-24, ESTABLISHING OCOEE HISTORICAL COMMISSION AS CURATOR OF THE WITHERS MAGUIRE HOUSE MUSEUM AND AUTHORIZING THEIR ROLE IN MAKING RECOMMENDATIONS IN OTHER HISTORICALLY SIGNIFICANT AREAS. Ms. Beamer noted that Resolution No. 85-4 recognized the Ocoee Historical Commission, Inc. as the official body designated to be responsible for making recommendations for the restoration of the Withers-Maguire House, and that this Resolution would enlarge the scope of their responsibilities to include curator of the Withers-Maguire House as a museum (grant requirement). City Attorney Rosenthal read the title of the Resolution. Mavor Vandersrrift. seconded by Commissioner Gleason. moved to adoot Resolution No. 95-24 as oresented. Commissioner Glass raised the question of whether the Ocoee Historical Commission was affected by the Sunshine Law at all meetings. City Attorney Rosenthal responded that they were when they were acting in an advisory capacity to the City Commission, but not when they were pursuing their other interests with the Historical Commission and he had provided them with a memorandum advising them of that fact. Commissioner Glass expressed concern that the '-' Historical Commission would be subjected to the rigors of operating under the Sunshine Law unnecessarily, and suggested deleting Section 4. City Attorney Rosenthal proposed deleting Section 4 as suggested and taking the time to review the Financial Disclosure Law and the Sunshine Law and come back at a later date with an appropriate resolution. Ms. Beamer advised that many of the accomplishments achieved in the last few years had been made possible because of the efforts of the Historical Commission and those efforts had saved many dollars and staff time. Mrs. Betty Ervine, president of the Historical Commission, said she understood the Sunshine Law and the Financial Disclosure, but she felt it was important for them to be officially designated so they can advise the Commission regarding other properties that should be considered historical sites. Commissioner Glass. seconded by Commissioner Gleason. moved to amend the Resolution to delete Section 4. Motion carried 5-0. Mayor Vandersrrift then called for the vote on the original motion to adoot Resolution No. 95-24 as amended and motion carried 5-0. Commissioner Glass. seconded by Commissioner Gleason. moved to bring back the issue of Section 4 for action no later than the first meeting in January (Januarv 2. 1996). Motion carried 5-0. WITHERS-MAGUIRE HOUSE MUSEUM OPERATION AGREEMENT BETWEEN THE CITY OF OCOEE AND THE OCOEE HISTORICAL COMMISSION, INc. Ms. Beamer reviewed the particulars of the Agreement. Commissioner Glass. seconded by Commissioner Gleason. moved to aoorove the Withers-Maguire House Museum Ooeration '-' 6 Ocoee City Commission Regular Meeting November 7, 1995 '-" Agreement with its exhibits and attachments by and between the City of Ocoee and the Ocoee Historical Commission. Inc. and authorize execution by the Mayor and City Clerk. Motion carried 5-0. Mayor Vandergrift recognized the members of the Ocoee Historical Commission, Inc. who were present. DISCUSSION ON USE OF THE WITHERS-MAGUIRE HOUSE AS A MUSEUM. Ms. Beamer had provided the plaque that will be attached to the House and it was displayed for the camera to project. Ms. Beamer then introduced Nancy Maguire who talked about the use of the House. Ms. Maguire then announced open house Friday, December 15,5:00 -7:00 p.m. for the West Orange Chamber of Commerce and Sunday, December 17, 2:00 - 5:00 p.m. for the general public. Commissioner Glass. seconded by Commissioner Gleason. moved aooroval of the Curator's aooroach to accession for the Museum collection and direction for the Curator to oroceed. Motion carried 5-0. City Attorney Rosenthal noted that the deletion of Section 4 in Resolution No. 95-24 would require corrections in the title and some of the whereas clauses and he would make those adjustments consistent with the amendment. '-" STAFF REPORTS Mr. Rosenthal announced the seminar covering the Sunshine Law, Public Records, quasi-judicial communications, ex-parte communications, and new Property Rights Act for the Boards on Monday, November 13 at 7:00 p.m. in the Commission Chambers. COMMENTS FROM COMMISSIONERS Commissioner Johnson: 1) Said he thought it inappropriate that the assistant fire chief position was being offered at such a low salary that it could not be found attractive by current employees and he suggested moving it up to the next grade in salary. City Mana2er Shapiro responded that moving it up would skew the pay scale for other departments and he would prepare a review for Commission. 2) Congratulated Commissioner Gleason on his reelection and said he would save his words for Commissioner Foster until the next meeting. Commissioner Foster: Said he would save his two hour monologue for the next meeting. Commissioner Glass: 1) Said the pedestrian crossing signal ordered for Silver Star/Bluford intersection was ready but installation had been delayed because Orange County's bucket truck is out of service. '-' 7 '- Ocoee City Commission Regular Meeting November 7, 1995 2) Condolences (not what he said but a publishable substitution for it) to Fla. State fans and congratulations to Coach George Welsh at the University of Virginia Cavaliers (his Alma Mater). 3) Announced the basketball game to promote awareness of the Anti-Litter Campaign between the City and Middle School Staff Thursday, November 9 at 7:00 p.m. Commissioner Gleason: 1) Reported that Silver Glen residents are concerned re: street problems that should be corrected by the developer before the residents take over the streets December 31, 1995. City Manag:er Shapiro said that the Homeowner Association representatives should meet with him on site and then he would have a meeting to determine what action should be taken. 2) Last Saturday local scouts placed bags at front doors for citizens to fill with food (canned and dry goods) and they will pick them up next Saturday morning. 3) Asked if a tentative date has been set for the drainage workshop. Mr. Shapiro responded that he would get the information to Commission in about 5 days. 4) Expressed appreciation to citizens who voted/helped/volunteered in the election, and, noting the small turnout, said something has to happen to stir citizens from their apathy. '-' Mayor Vandergrift: 1) Announced that the Charter Study is coming up soon. 2) Reported that he had visited West Orange High School for a luncheon for students from Moldova and they had given him a gift that is on display in the lobby in City Hall. 3) Noted that elections date must be set for next year. 4) Complimented staff and the Historical Commission and staff and the 800 MHz radio system. 5) Announced the public hearing for Health Central tax district Wednesday at 3:00 p.m. City Manager Shapiro announced the Veteran's Day Program Saturday, November 11 at 11:00 a.m. at the gazebo and that there would be a massive sanitation pickup as well for those citizens whose regular pickup days are Monday and Thursday. ADJOURNMENT The meeting adjourned at 10:20 p.m. Attest: APPROVED: City of Ocoee /J -S/) :S: ~ li~? J- /~ S. Scott Vandergrift, Mayo '-" 8