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III(A) Approval And Acceptance Of Minutes Of City Commission Regular Meeting October 17, 2000, Special Sessions: September 7, 2000, October 17, 2000, October 30, 2000 Agenda 11-07-2000 M0 6 Item III A. MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD OCTOBER 17, 2000 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:15 p. m. in the Commission Chambers. Commissioner Parker led in prayer and Commissioner Johnson led the Pledge of Allegiance to the Flag. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift (until 8:00 p.m.), Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, City Clerk Grafton, Buyer Tolbert, City Engineer/Utilities Director Shira, Community Relations/ Projects Director Shira, Fire Chief Strosnider, Lieutenant Vaughn, Planning Director Wagner, Public Works Director Smith, and Zoning Coordinator Harper. ABSENT: None PRESENTATIONS AND PROCLAMATIONS FIRE PREVENTION POSTER CONTEST: 1ST, 2ND, AND 3RD PLACE TROPHIES FOR GRADE LEVELS ONE THROUGH FIVE IN CITRUS ELEMENTARY, OCOEE ELEMENTARY, AND SPRING LAKE ELEMENTARY SCHOOLS. (Fire Chief Strosnider) Fire.Chief Strosnider commended the children for participating and expressed his appreciation to the Fire Department for all of their efforts to teach fire prevention and safety to the children and adults as well. Lieutenant Vaughn welcomed the parents and children and presented a plaque of appreciation to Tom Magrusky, Manager, FX Scenery and Display, Incorporated, for building the fire engine puppet stage. Lieutenant Vaughn recognized the principals and, art teachers for each school in turn, thanking them for their involvement in the program, as he handed out the trophies to the first, second and third place winners in each grade. Immediately following the presentations a recess was called to give the children an opportunity to have their pictures made with the officials. FOUNDERS DAY Community Relations/Projects Director Shira reported on. the Founders' Day program scheduled for October 21, inviting all to attend and enjoy. RECESS 7:41 P.M. TO 8:00 P.M. Mayor Vandergrift did not return to the dais, as he was indisposed. Mayor pro tem Anderson conducted the balance of the meeting. CONSENT AGENDA The consent agenda consisted of items A, .B, C, D, and E. Mayor pro tern Anderson pulled item B to be considered separately. L., Ocoee City Commission Regular Meeting October 17, 2000 Commissioner Parker, seconded by Commissioner Johnson, moved to approve items A, C, D, and E of the consent agenda as presented. Motion carried 4-0. Mayor Vandergrift was not present. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of October 3, 2000; Budget Special Session of September 7, 2000 and Special Session of October 5, 2000. (City Clerk Grafton) C. Declaration of Surplus Property. (Buyer Tolbert) • The list of items requested to be declared as surplus has been reviewed by the departments and none of the items have been requested to be transferred to another department. Item number 235, 1200 water meters, will be deleted from the list after being declared surplus to be sold back to the manufacturer as scrap. Item numbers 249-271, the retired City telephone system, may also be deleted from the list after being declared surplus and either be sold to a telecommunications company or another governmental entity. The Surplus Auction will be held on Saturday, November 4, 2000 at 9:00 a.m. at the Public Works Facility. D. Approval and Authorization for Mayor and City Clerk to Execute Agreement with Florida Power for Maguire Rd. Segment 2 Street Lighting. (City Engineer/Utilities Director Shira) • This Agreement is for the installation of overhead lighting for Segment 2, which runs from just south of the bridge to Mercantile Court. The power lines for the lights are to be installed underground to Professional Parkway then will be overhead on existing poles. Florida Power requires that the city pay the sum of $5,010.81(cost differential between the normal overhead wire facility and the desired underground wire facility) as an aid to construction in advance. E. Reappointment of Sam Woodson to CACOPD for 3 Year Term. (City Clerk Grafton) • Former Commissioner Woodson's term on the Citizens' Advisory Council for Ocoee Police Department ends November 1, 2000. He has served since November 1, 1994 and is willing to serve a new term. Mayor pro tem Anderson proposed making the grant to the choral group in the form of a matching grant as an incentive to the group to solicit funds from other sources as well. Ms. Sandy Morrison, treasurer of the Booster Club, advised that part of their fund raising each year is the sale of ads and she asked if those funds would count toward the matching funds. Mayor pro tern Anderson responded that donations received from individuals and commercial concerns would count but not the ads that were purchased. Ms. Morrison thanked the Commission for their consideration and said she would send a report to Mrs. Shira when they had collected enough to satisfy the requirement for the matching grant. Mayor pro tern Anderson, seconded by Commissioner Parker, moved to grant to the West Orange High School Choral Group up to $1,000 to match donations raised for their New York trip. Motion carried 4-0. Mayor Vandergrift was not present. B. Approval and Authorization to Grant $1,000.00 to the West Orange High School Choral Department. (Community Relations/Projects Director Shira) • The Group has about 300 members, half of whom are Ocoee residents. They are asking for help to fund their trip to New York to participate in a music festival. Page 2 of 6 Ej:1\ Ocoee City Commission Regular Meeting October 17, 2000 COMMENTS FROM CITIZENS/PUBLIC There were no citizen comments at this time. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker: 1) Announced the City's golf team for the Health Central Foundation Tournament tied for third place. 2) The Founders' Day 5K race went excellently. 3) The Ocoee Reconciliation Task Force sponsored "Parallel Lives" was well received and very moving. Commissioner Johnson: 1) Attended the Windermere Groves Homeowners' Association meeting with City Manager Shapiro who answered many questions for them. 2) Will be attending the Cross Creek Homeowners' Association meeting November 4 where several police officers will discuss safety issues. 3) Is looking forward to Founders' Day on Saturday. 4) Asked about the parking arrangements for Founders' Day. Community Relations/ Projects Director Shira reported about the facilities that would be available. Commissioner Howell: 1) Reported he had received a call from Kim, a resident of Peach Lake off Russell Drive, who asked what the plans are for the park. The fence is falling down, the sidewalks are a mess, and she is afraid for the safety of her children. She reported also that boats are accessing the lake where there are no boat ramps. City Manager Shapiro said he would bring it up with staff. 2) Advised that, although during the regular meetings the Mayor's telephone is usually manned by a volunteer, that would not be the case during this meeting, as the volunteer had to leave. He added that Mayor Vandergrift was being transported to Health Central to be checked out. 3) Said Mayor Vandergrift had asked him to bring up the sponsorship of the West Orange Junior League annual fund raiser - disco dancing auction. Commissioner Parker, seconded by Commissioner Howell, moved to purchase a $500 sponsorship from Community Promotions account. Motion carried 4-0. Mayor Vandergrift was not present. 4) Announced the Glad Tidings Church Fall Festival to be held October 31 from 6:00 p.m. to 9:00 p.m. at Sorenson Field. 5) Responded to the e-mail message regarding his statement at the last meeting regarding receiving help with his homework from staff. He clarified that the staff assisting him were doing it on their own time, and he read the statement written by Mrs. Shira explaining the Page 3 of 6 HI IT) Ocoee City Commission Regular Meeting October 17, 2000 circumstances. He again expressed his appreciation to Janet Shira, Butch Stanley, Wayne 4__-Vaughn, Pat Smith, and Teresa Bagwell for taking their time and helping him. PUBLIC HEARINGS SECOND READING OF ORDINANCE No. 2000-27, AMENDING LAND DEVELOPMENT CODE - ADDING MOTOR VEHICLES WHOLESALE DISTRICT TO USE REGULATIONS AND AMENDING THE DEFINITION OF DEVELOPMENT. (Planning Director Wagner) City Attorney Rosenthal read the title only of the Ordinance. Planning Director Wagner stated he had given the staff report at the last meeting and he was present to answer any questions. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Johnson, seconded by Commissioner Howell, moved to adopt Ordinance No. 2000-27, amending Land Development Code-adding Motor Vehicles Wholesale District to Use Regulations and amending the definition of Development as presented. Motion carried 4-0. Mayor Vandergrift was not present. VARIANCE REQUESTS: (Zoning Coordinator Harper) COX LUMBER COMPANY, CASE#04VR-2000. City Attorney Rosenthal advised staff has requested continuance of this item until November 21 as it was continued at the Board of Adjustment meeting, and has not yet been heard by that board. Zoning Coordinator Harper explained the applicant had requested a continuance at the Board of Adjustment public hearing. The public hearing was opened. Mayor pro tern Anderson, seconded by Commissioner Parker, moved to continue this public hearing until November 21, 2000 at 7:15 p.m. Motion carried 4-0. Mayor Vandergrift was not present. BORI, 2249 CLIFFDALE STREET CASE #05VR-2000 - REQUEST TO ALLOW AN UN-PERMITTED STORAGE SHED TO REMAIN WITHIN THE 7.5' SIDE YARD SETBACK. City Attorney Rosenthal read the variance request. The public hearing was opened. Commissioner Johnson, seconded by Commissioner Parker, moved to continue this public hearing to November 7, 2000 at 7:15 p.m. Motion carried 4-0. Mayor Vandergrift was not present. Page 4 of 6 n 1 L� L ± J ` Ocoee City Commission Regular Meeting October 17, 2000 OTHER BUSINESS APPROVAL AND AUTHORIZATION TO FUND FROM LEASING EXPENSE ACCOUNT NO. 001-541- 20-4400 THE AMOUNT OF$17,850.00 TO LEASE 175 CHRISTMAS POLE DISPLAY LIGHTS FROM CLARK DISPLAY SALES. (Public Works Director Smith) Public Works Director Smith advised this was the same display used by the City for the last three years and he had provided a map showing where the lights had been installed in the past, primarily in the commercial districts in the City. He added this is piggy-backing off Winter Garden's contract as was previously done. Commissioner Howell, seconded by Commissioner Johnson, moved to approve and authorize the leasing of 175 Christmas pole display lights from Clark Display Sales for the amount of$17,850.00. Motion carried 4-0. Mayor Vandergrift was not present. OCOEE/WINTER GARDEN RECLAIMED INTERCONNECT WATER MAIN PROJECT: CHANGE ORDER No. 1 WITH MAXWELL CONTRACTING, INC. IN THE AMOUNT OF$12,998.02. (Assistant City Engineer Wheeler) City Engineer/Utilities Director Shira gave the staff report, explaining the change order consisted of three parts (1) substitution of a poly bag wrap around the plate for paint marking, (2) the deletion of a wall and slab at the Winter Garden end of the project, and (3) the addition of some additional piping because the original survey was off. Commissioner Howell, seconded by Mayor pro tern Anderson, moved to approve and authorize the change order with Maxwell Contracting, Inc. in the amount of $12,998.02. Motion carried 4-0. Mayor Vandergrift was not present. AUTHORIZATION FOR STAFF TO PREPARE A RESOLUTION TO OFFICIALLY ADOPT THE ANNUAL CONCURRENCY ASSESSMENT OF INFRASTRUCTURE AND SERVICES AND INFRASTRUCTURE DEFICIENCIES MAP. (Principal Transportation Planner Friel) Planning Director Wagner explained the Florida law requires cities to monitor the services provided by the cities for concurrency, including traffic, sanitary sewer, potable water, solid waste, storm water, and recreation. Mr. Wagner noted that Mr. Friel's report analyzes what has transpired during the last year, and there are no deficiencies from the concurrency standpoint to be shown on the map. Commissioner Howell, seconded by Commissioner Johnson, moved to authorize staff to prepare a resolution to officially adopt the Annual Concurrency Assessment of Infrastructure and Services and Infrastructure Deficiencies Map. Motion carried 4-0. Mayor Vandergrift was not present. STAFF REPORTS There were no staff reports at this time. Page 5 of 6 Ocoee City Commission Regular Meeting LOD Q October 17, 2000 L,t Cl COMMENTS FROM COMMISSIONERS Commissioner Parker - no further comments Commissioner Johnson announced the exit sign on the Beltway now says Franklin Street. Commissioner Howell: 1) Asked if the City would be sponsoring a hole at the Founders' Day golf tournament scheduled for Friday at noon. City Manager Shapiro said he would take care of making sure the Ocoee Golf Team was able to play. 2) Asked Public Works Director Smith if the bike path at Spring Lake Elementary School was finished. Mr. Smith responded they were not finished yet, but would be soon. 3) Said he had been asked by several business owners to ask Mrs. Shira why they were not approached about buying an ad in the Founders' Day program. Mrs. Shira responded they had used the West Orange Chamber membership list for contacts and had received a substantial response. She said next year she would advertise in the paper as well. 4) Said he had been asked why the City does not have a farmers' market. City Manager Shapiro advised it would be necessary to change the Land Use Plan regulations to allow it. 5) Asked if booth spaces are still available. Mrs. Shira responded they are until Thursday, and she listed the fee. 6) Asked what will be done with the Travel Policy. Mr. Shapiro requested that each official provide him with the changes they would like to see made so the information can be assembled before the next meeting. Mayor pro tern Anderson asked Mrs. Shira to announce the Founders' Day again. ADJOURNMENT APPROVED Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Page 6 of 6 �� Agenda•11-07-2000 �'+ J Item III A MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION FOR FLORIDA AUTO AUCTION HELD SEPTEMBER 7, 2000 CALL TO ORDER Mayor Vandergrift called the meeting to order at 9:00 p.m. in the Commission Chambers. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, City Clerk Grafton, City Engineer/Utilities Director Shira, Assistant City Engineer Wheeler, Capital Projects/ Transportation Planner Friel, Planning Director Wagner, Principal Planner Lewis, and Recreation Director Nordquist. DISCUSSION/ACTION REGARDING FLORIDA AUTO AUCTION City Attorney Rosenthal advised this meeting was called to discuss matters regarding the Florida Auto Auction: a proposed Developer Agreement, a response from Mr. Ardaman relating to issues raised in the agreement, and a letter from himself in response to Mr. Ardaman. He pointed out that one of the issues in Mr. Ardaman's letter related to concurrency and vesting and an agreement had been reached on a structure to resolve that at the Development Review Committee level. Mr. Rosenthal said there are two categories of subjects to be considered. The first of these categories deals with technical amendments to the Land Development Code. As Wholesale Auction-motor vehicle wholesale is not listed as a permitted use in a C-3 zoning district, an amendment to the Land Development Code is in order to add this classification in C-3, I-1, and I-2 zoning districts. The second issue (which also relates to the Comprehensive Plan) deals with "development" in the 100-year flood plain. The proposed piping of the existing ditch which lies within the 100-year flood plain does not fall within the purview of the City Commission to grant a waiver from, and would require a citywide Comprehensive Plan amendment for that approach. Staff proposes to bring an amendment to the Land Development Code which would take out of the definition of "development" the piping of an existing man- made ditch or canal. Mr. Rosenthal asked if there were any objections to moving forward with these two proposals. City Manager Shapiro advised that the Auto Auction would install, inspect and maintain the piping, which would be 60" pipes. Discussion ensued regarding the flood plain and possible amendments to the Land Development Code and Comprehensive Plan. Kurt Ardaman, 170 East Washington Street, Orlando, representing Florida Auto Auction, concurred with Mr. Rosenthal's statements with respect to both the Land Development Code �I rn F Ocoee City Commission Special Session -Florida Auto Auction J Li L u t1 iu September 7, 2000 changes, and said timing is important, as they hoped to have the approval of this Commission on September 19 of all the public hearing issues, variance issues, the development agreement and the final site plan. They would be asking for grading and clearing permits before then. When Mr. Shapiro asked for any objections to either of the proposals presented by Mr. Rosenthal, there were no objections voiced. Road Improvements/Funding Issues Mr. Rosenthal said an extensive amount of time has been spent dealing with transportation issues and impacts with Florida Auto Auction. He said staff had submitted a proposal to the Auction which basically would result in Maguire Road from Mercantile Court to Story Road being improved as a four lane roadway. That would have completed, along with the other projects already authorized and funded by this Commission, the extension of Maguire Road to Story Road which is necessary in order for this project to meet concurrency. Staff has suggested that improving Maguire Road all the way to Story Road would be sufficient mitigation for all the transportation impacts that the Auction was causing, such that the City could then be in a position to issue a certificate of concurrency. This was addressed in the draft development agreement in the packets last Tuesday. The estimated cost of this segment of the project would be $2.8M. The City proposed that the Auction make a contribution of $1.2M cash to be used on the road for which they would not receive any road impact fee credits. This would be a non-reimbursable paying to the City, a mitigation of their impacts, and the City would draw on that as the project costs occur. With respect to the balance of the remaining $1.6M, the City proposed that the Auction advance $1.6M without any interest, with there being an obligation to the City to repay that no later than 10 years from a particular agreed upon date. Mr. Rosenthal noted that in the past various property owners along State Road 50 who had pioneered certain areas, putting in water lines, etc., were reimbursed as other properties benefited from the improvements, and he outlined such a proposal for the Auction. He said that the Auction had instead proposed a loan to the City in the amount of$2M at 6% interest repayable in five years. He said that staff had a high confidence level that on the 10 year horizon the development that would occur would be sufficient to pay off the $1.6M so that it would never become a road impact fee budgetary issue in the tenth year, but were not so sure about the five years. Mr. Shapiro said that the City would have the money available, but there were problems with the Auction's proposal: (1) the City can get a better loan price than that, and (2) at that level, the word loan was never to be used, but rather it would be considered a withdrawal to the City that would be repaid. He listed the monies which will be coming in from contracts already in place. Mr. Rosenthal discussed the issue from a concurrency standpoint. Mr. Warren Young, addressing the concurrency issue, said in order to meet concurrency the 2 Ocoee City Commission Special Session - Florida Auto Auction f I F++L[ i� ` � September 7, 2000 1 L� U road improvement must be done. And in order to do their project they must meet concurrency The problem is that the impact of the Auction is much less than the $600,000 they propose to give the City, as they do not use Maguire Road very much. He said they would give up the interest rate, but wanted impact fees back from the City from development that would impact this road. This would provide them with more than staff has suggested. After further discussion regarding the details, during which staff responded to questions, Mayor Vandergrift, seconded by Commissioner Parker, moved to accept the $600,000 and the $2.2M for 10 years at no interest and direct staff to incorporate this into the proposed Development Agreement which still needs to come before this Commission for approval. Motion carried 4-0. Commissioner Johnson announced a conflict of interest and did not vote on this motion. (See his disclosure attached to these minutes.) Mr. Ardaman and Mr. Young both thanked Commission and Staff for their time and effort. ADJOURNMENT The meeting adjourned at 10:18 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 3 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST N ME—MIDDLE NAME NAME OF BOARD,COUNCIL;COMMISSION,AUTHORITY,OR COMMITTEE f6t So,v rcNt7'. ocoto C, rar Co Ai iSS it)A MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON �! PE L A-M/�4 J2s 2TR�� WHICH I SERVE IS A UNIT OF: n ITY ❑COUNTY 0 OTHER LOCAL AGENCY CITY COUNTY Q NAME OF POLITICAL SUBDIVI ION: �Co�� D IGA1V6 6- C i ri 4, P OGO6d DATE ON WHICH VOTE OCCURRED MY POSITION : \� Sod-P rfM 8&A I) 1g D E v Sb ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ♦ . . . . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: • PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;•and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. ♦ . . . . . . . . . . . ♦ . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other,members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, ,hereby disclose that on SE P TeP .t3 die, 7 ,20 : (a)A measur e or will come before my agency which(check one) ___ inured to my special private gain or loss; _ inured to the special gain or loss of my business associate, • ___ inured to the special gain or loss of my relative, ___ inured to the special gain or loss of ,by whom I am retained;or inured to the special gain or loss of Fc 6 AI ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: • sEeT4- ate , a clop Date Filed Signature • NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. PAGE 2 CE FORM 8B-EFF.1/2000 Agenda 11-07-2000 - [F Item III A MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION HELD OCTOBER 17, 2000 CALL TO ORDER ROLL CALL AND DECLARATION OF A QUORUM Mayor Vandergrift called the Special Session to discuss an addendum to the current Collective Bargaining Agreement with IAFF 3623 to order at 7:00 p.m. in the Commission Chambers. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell (arrived 7:03), Johnson, and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, City Clerk Grafton. ABSENT: None City Attorney Rosenthal announced that, as required by Florida Statutes, Section 286.011(8), Mr. Shapiro had previously advised the City Commission that he needed to discuss with the City Commission, in a closed session, matters related to an addendum to the current Collective Bargaining Agreement. He said further, Florida Statutes provide a limited exception from the Sunshine Law for the City's Chief Executive Officer to meet in private with the City Commission to discuss matters relative to collective bargaining. As required by Florida law, reasonable notice of the closed session has been given which identifies the time and date of the closed session and the names of the persons who will be attending. The entire session will be recorded and no portion of the session may be off the record. It is not permissible to leave the meeting to consult with other persons regarding the subject matter of the meeting. He advised that following the conclusion of the closed session, it would be necessary to meet in public in order to adjourn the meeting. Mayor Vandergrift announced City Manager Shapiro had previously requested a closed session with the City Commission to discuss an addendum to the current Collective Bargaining Agreement with IAFF 3623. He said the persons who will be attending the closed session are Mayor Vandergrift, Commissioner Anderson, Commissioner Howell, Commissioner Johnson, Commissioner Parker, City Manager Ellis Shapiro, City Attorney Rosenthal, and no others. It is estimated that the closed session will last ten minutes. Following the conclusion of the closed session, the meeting will be reopened in order to announce the termination of the closed session and take such other action as the City Commission may deem appropriate. He then asked the City Commission to move into closed session. CLOSED SESSION with City Manager Ellis Shapiro and City Attorney Paul Rosenthal To Ratify an Addendum to the Current Collection Bargaining Agreement with IAFF 3623. Ocoee City Commission Special Session p y October 17,2000 RECONVENE PUBLIC MEETING FOR ACTION ON ABOVE ISSUES Mayor Vandergrift reopened the Special Meeting of the City Commission, announced the closed session had been terminated, and that the time was 7:06 p.m. He asked if there were any comments from the members of the City Commission or any proposed actions. City Attorney Rosenthal announced that in the closed session the attachment to the memo from City Manager Shapiro dated October 13, 2000, entitled IAFF Contract was presented for discussion. The attachment was a letter from Joe Moy, President of Local 3623, dated October 2, 2000, and a proposed addendum to the Collective Bargaining Agreement with respect to Article 19 - Wages. The addendum, prepared by Labor Council Reynolds Allen and approved by him, has also been approved by IAFF. Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve the addendum to the Collective Bargaining Agreement between the City of Ocoee and the International Association of Firefighters Local 3623 as contained in the City Manager's memorandum of October 13, 2000, and authorize the execution thereof by the Mayor and City Clerk. Motion carried 5-0. ADJOURNMENT The meeting adjourned at 7:12 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 2 Agenda 11-07-2000 DLitirj Item III A MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION HELD OCTOBER 30, 2000 CALL TO ORDER ROLL CALL AND DETERMINATION OF A QUORUM Mayor Vandergrift called the special session to discuss the City Manager's contract to order at 7:02 p.m. in the Commission Chambers. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, and City Clerk Grafton. ABSENT: None DISCUSSION RE: CITY MANAGER'S EMPLOYMENT CONTRACT Mayor Vandergrift asked Commissioner Anderson to make the opening comments as he had called the meeting. Commissioner Anderson said he felt it would be prudent to discuss the City Manager's contract in order to determine if the majority of this body wished to alter it in any way or if it continues to be acceptable as it is. His comments led to a discussion about the evaluation process and the manner in which Mr. Shapiro's evaluation would be handled this year. Consensus was reached for each elected official to present his/her evaluation to Mr. Shapiro privately and discuss it with him within the next few weeks. Upon completion of this stage, Mr. Shapiro will provide copies of the evaluations to the elected officials and they will then_set a date to discuss the contract. All of this is to be completed within 30 days. Mr. Shapiro stated that he would have asked for this procedure if the Commission had not. Commissioner Anderson, seconded by Commissioner Parker, moved, under the employment agreement between the City and Mr. Shapiro, to extend to December 8, 2000, the time period within which either the City or Mr. Shapiro may modify or terminate the agreement without automatic renewal. Motion carried 5-0. Mr. Shapiro asked that the record show he was in agreement with this arrangement. ADJOURNMENT The meeting adjourned at 7:20 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor