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V(A) Approval and Acceptance of Minutes of the Canvassing Board of March 10, 2004, City Commission Regular Meeting of March 16, 2004, and Special Session of March 22, 2004 D/14114 Agenda 04-06-2004 Item V A MINUTES OF THE CITY OF OCOEE CANVASSING BOARD MEETING HELD MARCH 10, 2004 CALL TO ORDER Mayor Vandergrift called the Canvassing Board to order at 12:10 p.m. in the Commission Chambers Conference Room. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioner Anderson, Commissioner Parker, City Attorney Rosenthal, City Clerk Grafton and Deputy City Clerk Brasher. Also present were Commissioner Howell, Commissioner Johnson, Julian Harper, Victoria Laney and Tony Cristelli. ABSENT: None. City Attorney Rosenthal stated that the City only had a print out from the Orange County Supervisor of Elections Website, which is the unofficial, uncertified results, including the absentee ballots. He explained that the Supervisor of Elections would not be certifying the election until all recounts in the County were completed. City Attorney Rosenthal stated that he and City Clerk Grafton spoke with Orange County Supervisor of Elections Senior Deputy Administrator Margaret Dunn regarding the election results. Ms. Dunn informed them that the website results were correct but may vary by one or two votes; however, there would not be enough variance to change the out come of the election. City Attorney Rosenthal stated his recommendation would be for the Canvassing Board to accept the unofficial results that were provided by the Orange County Supervisor of Elections Website, which are as follows: Mayors' Election - 4,476 ballots were cast with a turnout of 34.34%. Debra Booth 1,632 or 36.46% Scott Vandergrift 2,844 or 63.4% District 1 —761 ballots were cast with a turnout of 32.4%. Danny Howell 512 or 67.28% Kent Skiles 249 or 32.72% City Attorney Rosenthal stated that the Canvassing Board should accept the unofficial results from the Orange County Supervisor of Elections Website and to provisionally declare Scott Vandergrift elected as Mayor and Danny Howell elected as Commissioner for District 1 and to adopt the results to be provided from the Orange County Canvassing Board with the condition that if the results would in any way change the outcome of the election, the Canvassing Board would re-meet to revisit the issue. Commissioner Anderson, seconded by Commissioner Parker,moved to adopt the unofficial results from the Orange County Supervisor of Elections Website and to provisionally declare Scott Vandergrift elected as Mayor and Danny Howell elected as Commissioner for District 1 and to adopt the results to be provided from the Orange Ocoee Canvassing Board March 10, 2004 County Canvassing Board with the condition that, if the results would in any way change the outcome of the election, the Canvassing Board would re-meet to revisit the issue. Motion carried unanimously. City Attorney Rosenthal stated that City Clerk Grafton would distribute to the Mayor and Commissioner the breakdown of the districts and absentee votes once they are certified. City Attorney Rosenthal further stated that Rusty Johnson was unopposed and a motion would need to be made to certify Rusty Johnson Commissioner for District 3. Commissioner Parker, seconded by Commissioner Anderson, moved to certify Rusty Johnson as Commissioner for District 3. Motion carried unanimously. City Attorney Rosenthal announced that, based on certification from the Canvassing Board, subject to receipt of the formal certification from the Orange County Canvassing Board, S. Scott Vandergrift was elected Mayor, Danny Howell was elected Commissioner for District 1, and Rusty Johnson was elected Commissioner for District 3. Adjournment. The meeting adjourned at 12:20 p.m. APPROVED Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 2 Agenda 0406-2004 DDRAFT Item V A OCOEE CITY COMMISSION REGULAR SESSION HELD MARCH 16,2004 6:30 P.M.—Swearing in of Mayor Vandergrift, Commissioner Howell, District 1 and Commissioner Johnson,District 3 City Clerk Grafton administered the oath of office for each official. REGULAR CITY COMMISSION MEETING CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:17 P.M. in the Commission Chambers. Pastor W. M. Queener, Church of God of Prophecy, Ocoee led in prayer and Frances Watts led in the Pledge of Allegiance to the Flag. City Clerk Grafton called the roll and declared a quorum present. PRESENTATIONS AND PROCLAMATIONS Non-Agenda Item: Rachel and Hannah Hiers presented a report on their visit to a butterfly farm on St. Marten Island. Assistant to the City Manager Shira introduced the new Multi-Media/Community Events Manager,Tonya Elliott. Mayor Vandergrift read the following proclamations: Proclamation—American Red Cross Month Proclamation—Building Safety Week—April 4-10,2004 Non-Agenda Item: Resolution No. 2004-06—in support of Veterans Memorial Intersection (Mayor Vandergrift) Mayor Vandergrift explained this Resolution is a request for the Central Florida legislative delegations and others in leadership positions in Tallahassee to name the intersection of State Highway 50, 429, and the Florida Turnpike Veterans Memorial Intersection. Mayor Vandergrift, seconded by Commissioner Johnson, moved to adopt Resolution No. 2004-06 as presented. Motion carried 5-0. MVP Application Awards (Mayor and Commissioners) Assistant to the City Manager Shira introduced the MVP Award winners of grants as authorized at the March 2 City Commission Regular Session. The checks were presented to each representative by the Mayor and Commissioners. COMMENTS FROM CITIZENS/PUBLIC J. Lester Dabbs,Jr., 619 Caborca Court, said he wished to clarify a statement made by Commissioner Johnson at the March 4 meeting. The statement referred to Mr. Dabbs' swearing at choir practice. Mr. Dabbs said the"choir practice"mentioned was a regular$.25 limit poker game. n /7 F Ocoee City Commission Regular March 16,2004 Glenn L. Myers, 1005 Armada Court, spoke regarding events of the past five to six weeks and ended with a paraphrase of a quote from Shakespeare, "If squabbling is the way of Ocoee politics; if this is the music by which Ocoee politics is played, play on." David Morris, 175 Lansbrook Court, announced the next meeting of the Ocoee Education Commission is scheduled for April 5 at 7:00 p.m. in the Commission Chambers. He said the subject would be the status of sales tax and he invited the public to take advantage of the opportunity to use e-mail and telephone to get questions and comments to the board, both before and during the meeting. Frank Siano,2640 Cedar Bluff Lane, expressed his frustration with the Commission since the March 4 meeting and he chastised the Commission for not treating the office of the Mayor with respect. Kermit Bushur, 441 Vandergrift Drive,thanked the City for the MVP awards, then discussed how the form of government for Ocoee should be changed. Frances Watts, 43 Shell Key Court, said this debate is wasting everyone's time and should move on. She announced the Mayor's birthday is the 22nd and that she had her 82nd birthday last month. She noted also the City should arrange for some form of entertainment on the municipal grounds such as used to be done in her home town when the band practiced and everyone turned out to watch. Richard Doss,Jr., 576 Kissimmee Avenue, spoke regarding the conditions required by the City on a prospective buyer for a small piece of property he had for sale. A meeting will be set up to discuss this further. Patrick Spikes, 2658 Greywall Avenue, representing Temple Grove Estates, thanked the Commission for what they do. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Anderson 1. Read a message from Martha Lopez-Anderson encouraging the Commission to move forward together. 2. Announced the Spring Cleanup opportunities for the citizens would be April 10 for Monday/Thursday sanitation routes and April 17 for Tuesday/Friday routes. 3. Orange County hazardous material/electronic material pickup will be 8:00 a.m. to 3:00 p.m. on April 17 at the Orange County Services Building. Mayor Vandergrift announced the first walls of the new Ocoee High School will be erected Monday, March 22 at 10:00 a.m. and the School Board has changed its policy regarding the naming of schools. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, and G. Page 2 of 10 n) UF Ocoee City Commission Regular March 16,2004 Tom Drygas, 5378 Riverview Drive, St. Augustine, 32080, representing Diversified Engineering International, expressed concern regarding the scoring process for item V.D. and suggested the Commissioners meet with the vendors personally for a better assessment of qualifications. Commissioner Parker responded that she had served on the committee and was comfortable with the recommendation the way it is. Mayor Vandergrift announced the verbatim transcription of the March 4 Special Session had been attached to the minutes of that meeting and were to be considered a part of item V.A. for approval. He added there will be a retirement ceremony for K-9 Hanna, at a time to be announced later. Commissioner Anderson, seconded by Commissioner Johnson, moved to approve the consent agenda as presented. Motion carried 5-0. A. Approval and Acceptance of Minutes of the City Commission Regular Meeting of March 2,2004, and Special Session of March 4,2004. (City Clerk Grafton) B. Approval and Authorization to Award Bid#B04-03 to Acme Dynamics in the Amount of$18,800.00 Plus Additional Accessories Totaling$2,187.00 for a Total of$20,987.00. (Deputy Public Works Director Zaitooni) Two of the four bids were considered responsive. Staff recommends awarding Bid#04-03 to Acme Dynamics in the total amount of$20,987.00 for a 6-inch Auto Prime Trash Pump for the Public Works/Stormwater Division. C. Approval and Authorization to Award Bid #B04-04 to Tri-Tech Laboratories in the Estimated Amount of$13,469.00, Depending on the Amount of Samples Needed. (Public Works Director Wheeler) Award Bid#04-04 to Tri-Tech Laboratories in the estimated amount of$13,469.00 for Laboratory Services for Wastewater Facilities for the Public Works/Utilities Division. D. Approval and Authorization to Award RFQ 0402 Services to Prepare a Water/Wastewater Vulnerability Study for Public Works/Utilities Division and to Authorize Staff to Begin Contract Negotiations with Hartman & Associates and Execute All Necessary Contract Documents. (Public Works Director Wheeler) The water/wastewater system vulnerability assessment is required by the United States Environmental Protection Agency(EPA)under the authority of the Public Health Security and Bio-Terrorism Preparedness and Response Act of 2002. The EPA has developed specific requirements due to the EPA by June 30,2004. E. Approval and Authorization for Replacement of K-9 Hanna,Transfer Monies From Small Equipment to Capitol Not to Exceed $6,500 and Waive the Bid/Quote Process. (Police Chief Goclon) K-9 Hanna has exhibited a significant decline in performance over the last several months and it is in the best interest of everyone for her to retire from active road use. F. Approval and Authorization to Rescind Resolution No. 2003-22-Cable Television Franchise Agreement with Adelphia. (Assistant to the City Manager Shira) Adelphia Cable Television did not follow through with the indemnify requirement;therefore, staff recommends that the City Commission formally rescind the approval of Resolution 2003-22. G. Approval of Change Order No. 3 to Wharton-Smith for the New Fire Station in the Amount of$21,811.73 to Come from Contingency. (Fire Chief Strosnider) The request has been carefully examined by Architects Design Group,Wharton-Smith and Fire Chief Page 3of10 Ocoee City Commission Regular DR. AFT March 16,2004 Strosnider for accuracy. The percentage over the original construction value with this change order is 2.11%. PUBLIC HEARINGS Resolution No. 2004-05—Amending Resolution No. 92-04-Increasing Residential Solid Waste Collection Rates. (Deputy Public Works Director Zaitooni) City Attorney Rosenthal read the title only of the Resolution. Deputy Public Works Director Zaitooni gave the staff report, presenting on the overhead the options that had been discussed at the February 17 regular session; i.e., Option A—Privatization of residential garbage and recycling through a City RFP process, Option B—Orange County to provide the services through an Interlocal Agreement, and Option C—City continues with the current in-house operations. The public hearing was opened. R. P. Mohnacky, 1820 Prairie Lake Boulevard, talked about the maintenance of garbage trucks and asked several questions to which Mr. Zaitooni responded. Mayor Vandergrift read a telephone message from Terry Coons, 121 Baracloch Drive, stating he favors Option A and does not wish to raise the rates. Patrick Spikes, 2658 Greywall Avenue, also responded to Mr. Mohnacky's questions, then asked if there would be any security concerns with bringing strangers into the neighborhoods if the City should privatize the solid waste service. Rosemary Wilsen, 1019 Shady Maple Court, said she would be happy for the garbage service to stay the way it is. Sid Vihlen and Joe Briarton, 1099 Miller Drive, Altamonte Springs, 32701, representing Florida Recycling Services, Inc., were present to answer questions, and both spoke briefly in response to several of the questions raised. Commissioner Johnson read an e-mail from Teresa Barr, 109 Braeloch Drive, encouraging Commission to vote against Resolution No. 2004-05 and readdress Option A. Jose Iglesias, 400 Misty Meadows Drive, also spoke in favor of Option A as the right choice. The public hearing was closed. Commissioner Anderson said he was on the committee and, after they had completed the rating using the information provided, he had called the users of the vendors' services. The responses to those calls made him want to change his position. He said he was not in favor of raising the rates and would like to go with Option A and authorize staff to negotiate with Florida Recycling, Inc. City Attorney Rosenthal cautioned the Commission that this public hearing was advertised only to consider increasing the rates and that before awarding a contract, a public hearing must be advertised for that purpose. Page 4 of 10 Ocoee City Commission Regular F March 16,2004 Commissioner Anderson, seconded by Commissioner Johnson, moved to disapprove Resolution No. 2004-05. This motion was amended below and no vote was taken on this motion. Commissioner Howell said he had not been pleased with Waste Management or Onyx. Commissioner Johnson talked about privatizing and that he was not in favor of raising rates. Mr. Zaitooni asked for a decision as the equipment is in very bad shape Commissioner Johnson read e-mail messages from Martha Lopez-Anderson and Henry Morgan. Following more discussion, Commissioner Anderson, seconded by Commissioner Johnson, moved to amend the above motion to instead continue the public hearing on Resolution No. 2004-05 to April 6 City Commission meeting at 7:15 p.m. or as soon thereafter as practical, and direct staff to advertise a public hearing for the award of the solid waste contract based on Option A for the next City Commission meeting at 7:15 p.m. or as soon thereafter as practical and to have that public hearing on the agenda prior to the continued public hearing on Resolution No. 2004-05. Motion carried 5-0. Deputy Public Works Director Zaitooni called attention to item VII.D. - Approval and Authorization of Replacement of Two Garbage Trucks and Authorization and Approval to Complete Purchase of Recycling Truck and asked for direction regarding this item. Without objection this item was continued to the April 6 City Commission meeting as well. RECESS 9:28—9:45 P.M. Villas of Woodsmere - Conceptual Plan - Project No. CP-01-01-04. (Community Development Director Wagner) Community Development Director Wagner gave the staff report and Planning Manager Lewis displayed the details on the overhead. The Villas of Woodsmere townhouse development is located on the west side of Good Homes Road,just north of SR 50 and the Good Homes Plaza. Mr. Wagner described the provision in the code for Conceptual Plan which allows a developer to use a piece of property for something other than that for which it is typically zoned. In this case the developer wishes to use the property for townhomes instead of the zoned Professional Offices and Services Future Land Use designation. One waiver requested at this time regards the length of the cul-de-sac, and staff supports this request. Mr. Wagner talked about the stacking of traffic at the entryway and the restriction that the one-car garage must be used to house the vehicle; also he discussed the impact on schools. The Planning and Zoning Commission, along with staff, recommended approval of the Conceptual Plan. Jay Ballard, 800 North Magnolia Avenue, Suite 450, Orlando, said he was present to answer questions, and he talked about continuing the wall at Rose Hill. He introduced his engineer, Joe Cole, who then discussed the stacking at the entryway. Discussion ensued regarding the stacking, school impact, and the affect on Rose Hill subdivision. Page 5of10 F Ocoee City Commission Regular March 16,2004 The public hearing was opened. Jose Iglesias, 400 Misty Meadows Drive, asked if the City has a master plan regarding development regarding services it plans or is able to provide. Commissioner Anderson read a message from Mary Switzer, 609 East Lakeshore Drive, asking why they are calling these villas instead of townhomes. She would like to see real villas for seniors. She feels the city has done nothing to encourage developers to provide housing for seniors. The public hearing was closed. Commissioner Anderson, seconded by Commissioner Parker,moved to approve the Conceptual Plan for the Villas at Woodsmere,as date stamped received by the City on March 4, 2004, including the proposed waiver regarding cul-de-sac length. Motion carried 4-1 with Commissioner Howell voting no. The rest of the items were taken out of agenda order. OTHER BUSINESS First Reading of Ordinances—Second Readings and Public Hearings Scheduled for April 6,2004. City Attorney Rosenthal read the title only of each ordinance in turn. Mayor pro tem Anderson announced the second readings and public hearings are scheduled for April 6, 2004, at 7:15 p.m. in the Commission Chambers. Maguire Road Pumping Station, Project#AR-04-02-15. (Community Development Director Wagner) a. Ordinance No. 2004-06-Annexation b. Ordinance No. 2004-07-Initial Zoning c. Public Use Ingram Estates, Project#AR-03-12-13. (Community Development Director Wagner) a. Ordinance No. 2004-02 -Lake Tracey and MCO Industries Annexation b. Ordinance No. 2004-03 - Lake Tracey and MCO Industries Initial Zoning c. Ordinance No. 2004-04 -Annie D. Gilliam Trust Annexation d. Ordinance No. 2004-05 -Annie D. Gilliam Trust Initial Zoning Ordinance No. 2004-08 -Revision to City Code Chapter 173,Water and Sewer Adjustments to Utility Bills for Swimming Pools and Water Leaks. (Public Works Director Wheeler) When Commissioner Anderson asked why this ordinance did not include consideration for those who plant new sod, Mr. Wheeler responded that was considered part of the conservation program as it is discretionary. Commissioner Parker said there are many misconceptions regarding how much water is needed for new sod and she wants the landscaping committee to look at this and make a recommendation, but this does not need to be in this ordinance. Page 6 of 10 Ocoee City Commission Regular DnAF March 16,2004 Forest Brooke- Final Subdivision Plan,Phase 3 -Project#LS03-003. (Community Development Director Wagner) Community Development Director Wagner gave the staff report and displayed the details on the overhead. Forest Brooke, Phase 3 is located south of McCormick Road,just west of the Western beltway(SR 429). The third and final phase includes 140 single-family residential lots on about 49.5 acres. Mr. Wagner said when the Planning and Zoning Commission considered this item there was concern regarding the amount of grading needed on the site and their approval of this project recommended the addition of language that the developer work closely with the City's engineering and building inspectors on a lot by lot basis to ensure that all grading and potential erosion problems are satisfactorily addressed to ensure that as many trees as possible are saved. Staff recommended approval subject to the same condition. Mayor Vandergrift, seconded by Commissioner Parker, moved to approve the Final Subdivision Plan for Phase 3 of Forest Brooke, as date stamped received by the City on March 4, 2004, with the additional condition that the developer work closely with the City's engineering and building inspectors on a lot by lot basis to ensure that all grading and potential erosion problems are satisfactorily addressed to ensure that as many trees as possible are saved. Motion carried 4-0. Commissioner Howell was away from the dais. Approval and Authorization of Resurfacing Bluford Avenue, from South of Silver Star Road (Kash & Karry Driveway) to McKey Street in the Amount of$18,800.00 and Authorization for Ranger Construction Industries to Perform the Work. (Deputy Public Works Director Zaitooni) Deputy Public Works Director Zaitooni gave the staff report, saying staff had been directed to evaluate the feasibility of resurfacing Bluford Avenue from north of City Hall driveway to Oakland Street, and an assessment of the area prompted them to request authorization to resurface from Ocoee Plaza driveway to McKey Street. Commissioner Johnson, seconded by Commissioner Parker,moved to approve resurfacing of Bluford Avenue from Ocoee Plaza Driveway to McKey Street; authorize the expenditure and transfer of$18,800 from General Fund Contingency for the project; and authorize Ranger Construction Industries, Inc. to perform the work. Motion carried 4-0. Commissioner Howell was away from the dais. Approval and Authorization of Replacement of Two Garbage Trucks and Authorization and Approval to Complete Purchase of Recycling Truck(currently on hold) from the Replacement and Repair Funds. (Deputy Public Works Director Zaitooni) Without objection, this item was continued to the April 6,2004 meeting. Discussion Re: Lake Olympia Homeowners Association request to Install a Fountain at Lake Olympia Pond. (Deputy Public Works Director Zaitooni) Deputy Public Works Director Zaitooni gave the staff report and said he had looked at the construction drawings and pond and felt it was not a good candidate for a fountain as it has underdrains under it and would be dry parts of the year and other parts of the year would have minimal water in it. Page 7 of 10 DnAF1' Ocoee City Commission Regular March 16,2004 Nick Pagano, 201 Olympus Drive, said the water in the pond seems to stay at 12" and they wished to put in a floating fountain with a mercury switch. He said that activity would help take care of the stagnant water. During the ensuing discussion it was made clear that the installation of a fountain would not do any harm. Commissioner Anderson, seconded by Commissioner Howell, moved to approve the MVP Grant to Lake Olympus Club for the installation of the fountain as requested. Motion carried 5- 0. Selection of Acting City Manager. (Human Resources Director Diedrich) Human Resources Director Diedrich advised that one person on the list of five Range Riders provided by Mr. Simmons with FCCMA had withdrawn and one had been selected for a position beginning July 1, but felt he would be able to help the City out until then if he were selected. She said the remaining four were James Coleman, David Sallee, Eugene Williford, and Charles Clark Sadler. Commissioner Parker said all had received a letter of recommendation for Mr. Coleman from Pastor Stamper and she made that a part of the record. Mayor Vandergrift said all had received an e-mail from Jose Iglesias on the long term appointment of the permanent City Manager. Commissioner Parker, seconded by Commissioner Howell, moved to appoint Eugene Williford Acting City Manager. Motion carried 4-1 with Commissioner Anderson voting no. Commissioner Parker discussed adopting the rules presented and said the effective date should be changed from March 8 to March 16. As further discussion about the salary and benefits ensued, City Attorney Rosenthal advised some definitive parameters should be given to staff in order to move forward. Commissioner Johnson, seconded by Commissioner Parker, moved to hire Eugene Williford as Acting City Manager, as a contractual employee based on an annual salary of$103,000 paid bi-weekly with no fringe benefits and subject to termination at the will of the City Commission pursuant to the provisions of the City Charter including those provisions providing for termination at any time at the pleasure of the City Commission with or without cause. Motion carried 4-1 with Commissioner Anderson voting no. At 11:10 p.m. Commissioner Howell excused himself from the meeting as he was ill. Discussion Re: Addition of a Clock Tower and Monument Sign with a Water Fall and Pond to the New Fire Station. (Fire Chief Strosnider) Fire Chief Strosnider gave the staff report and there was discussion regarding moving the clock tower to the memorial center downtown, and changing the design. Without objection, staff was directed to come back with more detail. Page 8of10 7 IR F Ocoee City Commission Regular March 16,2004 Discussion Re: Citizen's Appointment to Ax the Gridlock Study Committee. (Mayor Vandergrift) Mayor Vandergrift, seconded by Commissioner Howell, moved to appoint Rob McKey to serve on the Ax the Gridlock Study Committee. Motion carried 3-2 with Commissioner Johnson and Commissioner Parker voting no. Reappointment of Debra Booth to Education Commission. (City Clerk Grafton) Commissioner Parker, seconded by Commissioner Anderson, moved to reappoint Debra Booth to complete her term that ends August 2005 on the Education Commission. Motion carried 5-0. Non-Agenda Item: Mayor Vandergrift, seconded by Commissioner Anderson, moved to remove from the table a motion to reappoint Rosemary Wilsen to the Parks/Recreation Advisory Board. Motion carried 5-0. Mayor Vandergrift, seconded by Commissioner Anderson, moved to appoint Rosemary Wilsen to the Parks/Recreation Advisory Board with a term ending October 1, 2005. Motion carried 5-0. Appointment to Code Enforcement Board to Fill Seat of Kent Skiles Whose Term Expires August 2005. (City Clerk Grafton) Mayor Vandergrift, seconded by Commissioner Johnson, moved to move Robert Donenfeld from alternate to regular member to complete Mr. Skiles' vacated term that ends August 2005. Motion carried 5-0. Appointment of Mayor pro tem and Designation of City Commission Board/Committee Responsibilities. (City Clerk Grafton) Commissioner Howell, seconded by Commissioner Parker,moved to appoint Commissioner Anderson to serve as Mayor pro tem. Motion carried 5-0. After reviewing the list of Commission responsibilities, Mayor Vandergrift said he would like to take back the Tri-County League of Cities as his responsibility and he noted also that the City of Ocoee is hosting the Tri-County League meeting in June. Mayor Vandergrift, seconded by Commissioner Parker, moved to confirm the areas of responsibilities for the City Commission with the one change that Mayor Vandergrift will attend the Tri-County League meetings. Motion carried 5-0. STAFF REPORTS Assistant to the City Manager Shira advised the construction plans for Bluford Avenue are ready and the trees in front of the Maguire residence are on the right-of-way. Staff proposes moving the trees to the Maguire property and the owner agrees. No action was required as this was given as information only. Page 9 of 10 cE) F Ocoee City Commission Regular March 16,2004 COMMENTS FROM COMMISSIONERS Commissioner Parker 1. Expressed concern that there was no visioning process now and she wanted to not lose sight of the opportunity to make some long-range plans and goals. She asked that staff be directed to figure out how to achieve this. Without objection staff was so directed. 2. Directed attention to a flyer from Big League Dreams USA, a company that develops sports complexes. She asked that the Recreation Department look at it and report back. Without objection staff was so directed. Commissioner Johnson 1. Reported a problem contacting someone in the Information Systems department today. He said he was aware the department was operating one person short, and two of the members were on prearranged time off, but it was important for someone to be available in that department to assist staff at all times. 2. Asked who told Information Systems Director Ross to arbitrarily set a thirty minute limit on employees' use of the internet time. 3. Congratulated the newly elected officials and said again he was committed to work with all and do what is best for the citizens of Ocoee. Commissioner Anderson 1. Echoed Commissioner Johnson's comments regarding the IS department, saying they should be there to help staff, and he described some problems he was having with his computer. 2. Congratulated the newly elected officials. 3. Announced spring clean-up dates in April—for Monday/Thursday sanitation pick-ups on April 10 and for Tuesday/Friday sanitation pick-ups on April 17. Mayor Vandergrift 1. Congratulated all newly elected officials and thanked the Commission for cooperating and for a smooth meeting. 2. Asked that all support the naming of the Veterans' Memorial Intersection, and asked the City Clerk to fax the Resolution to Representative Brummer's office first thing Wednesday morning. ADJOURNMENT The meeting adjourned at 11:35 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Page 10 of 10 Agenda 04-06-2004 Item V A DRAFT MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION HELD MARCH 22, 2004 Called by Mayor Vandergrift 12:00 Noon CALL TO ORDER ROLL CALL AND DETERMINATION OF A QUORUM Mayor Vandergrift called the Special Session to order at 12:06 p.m. in the Commission Chambers. City Clerk Grafton called the roll and declared a quorum present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Attorney Rosenthal, Assistant to the City Manager Shira, City Clerk Grafton, Community Development Director Wagner, Human Resources Director Diedrich, Information Systems Director Ross, Parks/Recreation Director Farmer, Police Chief Goclon, and Public Works Director Wheeler. Present also was V. Eugene Williford, candidate for the position of Acting City Manager. ABSENT: None DISCUSSION RE EMPLOYMENT AGREEMENT WITH GENE WILLIFORD Mayor Vandergrift announced this meeting had been called to discuss the employment agreement with Eugene Williford. Human Resources Director Diedrich said the Commission had given direction at the last meeting to present an employment agreement to Mr. Williford with some specific terms. This agreement was drawn up and presented to Mr. Williford. However, his response contained what could be considered a counter-offer and she, along with City Attorney Rosenthal, felt it should come before this Commission. The City had offered the temporary full-time position of Acting City Manager at the same rate as the previous City Manager had received, $103,000. Mr. Williford had requested, as he is presently employed by DRMP, that his salary be sent to DRMP and the amount should be $110,000. He further indicated he would not be available a full 40 - hour week every week for a while as he had prior commitments. Mrs. Diedrich pointed out the $110,000 was equal to the $103,000 the City had offered plus the FICA the City would have to pay. However, she had concerns that the less than 40 hours would not get the job done. DRAFT Ocoee City Commission Special Session March 22,2004 Eugene Williford, 1005 Riviera Boulevard, Oviedo, apologized for any misunderstanding, and said he is presently employed by DRMP and they would allow him to do this job. He said he was willing to help and some weeks would be available the 40+ hours needed, but not all weeks. He added he was a finance director before he was a city manager and he felt confident he could handle the budget needs quickly and competently. Mr. Williford responded to questions from the Commission. Jim Gleason, 856 Hammocks Drive, and Jim Sills, 205 South Lakeshore Drive, raised questions to which Mr. Williford responded. APPOINTMENT OF ACTING CITY MANAGER Commissioner Parker, seconded by Commissioner Johnson, moved to retain Mr. Williford as Acting City Manager and approve the proposed agreement from Dyer, Riddle, Mills and Precourt (DRMP) dated March 18, 2004, addressed to Mrs. Diedrich, authorizing execution thereof by the Mayor. Motion carried 3-2 with Commissioners Anderson and Howell voting no. J. Lester Dabbs, Jr., 619 Caborca Court, spoke in favor of hiring Mr. Williford. DISCUSSION RE UTILIZATION OF NATIONAL SEARCH COMMITTEE FOR SELECTION PROCESS FOR NEW CITY MANAGER Mr. Williford thanked the Commission and said he would not let them down. He mentioned several avenues for the search, such as using a head hunter. He suggested also using the short list from the City of Oviedo, as they are currently in the process of hiring a city manager. In the discussion that followed, Mayor Vandergrift said Mr. Iglesias had proposed a citizen's committee. Commissioner Parker responded that she recalled in past searches losing several good applicants because our process took so long. Mayor Vandergrift, seconded by Commissioner Johnson, moved to ask ICMA for a short list of 10 names in lieu of advertising. Motion carried 4-0. Commissioner Howell was away from the dais. Mayor Vandergrift moved to amend his motion to advertise in the paper to establish a deadline and work with ICMA for a short list. This motion died for lack of a second. 2 DI D. Q F 7 Ocoee City Commission Special Session March 22,2004 Mayor Vandergrift, seconded by Commissioner Parker, moved to rescind the previous motion and go through the normal advertising the ICMA would recommend, then give us a short list and have it done by April 15. Motion carried 5-0. Parks/Recreation Director Farmer said the job is already posted on the national website and he was planning to apply for it. Human Resources Director Diedrich said it was her understanding that she should advertise with a cut-off day of April 15, contact Daytona and Oviedo and ask them for their top ten candidates on their list (if they have a top ten). Meanwhile she should contact the Florida ICMA group for a list to review and short list for Commission to review. Acting City Manager Williford asked if the Commission wished to stress Florida experience preferred. Without objection the response was yes. ADJOURN The meeting adjourned at 1:15 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 3