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HomeMy WebLinkAboutItem 01 Approval and Acceptance of the Regular City Commission Minutes of September 6, 2005, City Manager Contract Work Shop of September 7, 2005, and Special Budget Session of September 15, 2005 MINUTES OCOEE CITY COMMISSION September 6, 2005 at 7:15 P.M. Agenda 10/04/05 Item 1 REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7: 15 p.m. in the Commission Chambers of City Hall. Commissioner Parker gave the Invocation and Commissioner Johnson, led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and determined a quorum was present. Roll Call: Mayor Vandergrift, Commissioner Anderson, Commissioner Johnson, and Commissioner Parker. Absent: Commissioner Howell Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry. I B. PRESENTATIONS AND PROCLAMATIONS Proclamation - United States Constitution Week - September 17th _23rd. (Mayor Vandergrift) Presentation Regarding Boat Races on Starke Lake - American Power Boat Association Paul Hooten, of the American Power Boat Association (APBA), said that they would like to continue the tradition of the boat races on Starke Lake, the next event would be October 29 & 30, 2005, and the hours would be adjusted according to the City's needs. The event will be insured in accordance with the City's requirements. Commissioner Johnson said he would like to see the APBA cover the City's costs for police and other personnel for this event. Mr. Hooten said this is a non-profit event, and he does not think the APBA will be able to cover any additional costs. He advised there will be approximately 80 boats and they pay $35.00 or less to participate. Consensus of the Commission was to form a committee (City Manaaer Frank, Commissioner Anderson, and Customer Service Supervisor Sills), and have them determine the costs that the City incurs durina these events. I C. COMMENTS FROM CITIZENS/PUBLIC R.P. Monacky, 1820 Prairie Lake Blvd., stated his concerns about the aftermath of Hurricane Katrina and how things were being handled. Nadia Bonaparte, 44 Coral Key Drive, - spoke on behalf of herself and other residents (who spoke only Spanish) about the road conditions at the trailer park at Pioneer Key II on Palm Drive. Public Works Director Zaitooni said the work on the 2.6 million dollar drainage project has begun; the Design Concept was approved by the Commission, and the project will be going out to bid soon. We also received $400,000 for the roadway and drainage from the CDBG grant. This project will address all of the current issues. They will start the milling process in a few weeks, and will be making other temporary improvements by removing concrete, and patching some of the holes. City Commission Regular Meeting September 6, 2005 James Fleming, 511 Orange Avenue, said we need to repair the roads at Pioneer Key II as quickly as possible. Tom Hendrix, 608 Bay Street, asked the Commission about naming something in the City as a tribute to Bill Breeze. There was discussion about naming the gazebo. City Manager Frank said he would like to make the area between City Hall and the McGuire House into a park, where we could enforce specific hours, and name it after Bill Breeze. Commissioner Johnson, seconded by Mavor Vanderarift moved to approve the creation of a park alona Starke Lake between City Hall and the McGuire House and name it after Bill Breeze. Motion carried 4-0, with Commissioner Howell absent. The consensus of the Commission was to have the City Manaaer work out the details and brina back the official namina of the park in the form of a resolution. I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker- 1) distributed packets and DVD's from the Florida League of Cities Conference regarding the street sweepers that Public Works will be purchasing in the next budget year, and 2) said the article Orlando Homebuyer's Magazine for the City of Ocoee is not done well. It is outdated and incorrect and paints a poor picture of Ocoee. She said she would like to work on getting some good Public Relations in that magazine and others such as the Orlando Sentinel Real Estate section. The Sunday paper features Ocoee and Pine Hills as one area, which brings our median home price down and makes it appear that we do not have a separate identity. Mayor Vandergrift agreed that the staff needs to step up the PR for the City. Consensus of the Commission was to have staff look into aettina the correct information out to Orlando Sentinel and other publications that are puttina out incorrect information. City Manager Frank said he would take care of that. Commissioner Johnson, reminded everyone that Founder's Day is coming up on Oct. 15-16, and on Friday, October 7, 2005 at 12:30 the Founder's Day Golf Tournament will be held. He advised them to contact David Wheeler at City Hall for those interested in participating or purchasing a Hole Sponsorship. There was discussion that the Founder's Day event will sell three-day tickets for $20.00, instead of $15.00 per day. That is for the reserve seating for the concert, the event is still free to the public. Commissioner Johnson also said there will be the annual Poker Run. Featured entertainment will be Sawyer Brown, Craig Morgan, Gary Lewis and the Playboys, and Sunday Gospel Music. Commissioner Anderson- showed the Public t-shirts that are for sale for $10.00 each to raise money for the Hurricane Katrina victims. He said next Monday they will be taking a caravan to the areas in need. Mayor Vandergrift 1) read the letter that the City Manager wrote to Bureau Chief Briggs, Bureau of Onsite Septic Tanks, in opposition to the action being taken by the state, and outlining the concerns of the City, and 2) said a caravan of Ocoee residents went to Mobile, Alabama to assist victims of Hurricane Katrina. He said there are about 18 residents of the impacted areas who will be coming to Central Florida. Arrangements have been made for them to stay at the Best Western Hotel for a few days, but we are looking for shelter for them. Anyone wishing to volunteer, should contact him at Mayorscott@cfl.rr.com or call City Hall. Page 2 of9 City Commission Regular Meeting September 6, 2005 Commissioner Johnson read an email from Martha Lopez Anderson, Chair of the Human Relations Diversity Board, saying the information on Founder's Day Event in the "News to You" was incorrect regarding Sunday activities. She asked the Commission to advise the residents that the Sunday event will take place on October 16, 2005, from 1 :00 - 5:00 p.m., on the shores of Starke Lake. It will be an afternoon of music and fellowship, for the entire family. Consensus of the Commission was to put all of the Founder's Day information on the website and OGTV. I E. CONSENT AGENDA The Citizen Advisory Council for Ocoee Fire Department (CACOFD) was created and adopted by Resolution No. 2003-20 on September 16, 2003. The Resolution provides that CACOFD membership shall consist of no less than 15 members and no more than 25 members. Members must be legal residents of the City or owners of real property or businesses in Ocoee. There are currently twelve (12) members serving on the CACOFD and the board is meeting with less than 15 members with Commission's approval. One (1) application was recently submitted for the CACOFD; therefore, staff recommends the Honorable Mayor and City Commission consider ap ointin Frances McEachern to the CACOFD with term ending November 2008. As a part of the plan to relocate the Human Resources Department to Community Center to relieve over- crowding at the City hall, the Information Systems (IS) Department has obtained a quote from CompServ to install the required communication/network connection. The total cost is $2,500 to be funded from the General Fund Contingency. Jim Gleason brought a lawsuit against the City in connection with his termination as City Manager. Court ordered mediation was held on August 17, 2005. This resulted in a settlement, which is recommended for a pro val by the City Manager and City Attorne . he City's Consumptive Use Permit with St. Johns River Water Management District expires December 2006. In compliance with State Statute Section 287.055 and policies and procedures of the City ofOcoee Purchasing Code Chapter 21, a Request for Qualifications (RFQ) was advertised with the intent to award a contract to one (1) qualified engineering-hydrological firm, team and/or individual to perform the required services. The firm selected by the City will provide the needed services so as to assist the City in obtaining its' renewal of the c.u.P. from the SJRWMD before the current permit ex ires December 2006. The scope of work includes services for construction of the pre-engineered Ocoee Public Works Buildings. This is a "turn key" contract to furnish, construct and/or install, and make operational, the specified buildings for the Public Works Department at 301 Ma ire Road, Ocoee,Florida 34761. The City intended to award a contract for the construction of Seventh Avenue. The budgeted amount is approximately $350,000.00. The bids were reviewed by the Public Works and Finance Departments. Per Page 3 of9 City Commission Regular Meeting September 6, 2005 Bob Zaitooni, Public Works Director, staff recommends rejecting all bids, as the lowest bid is approximately 53% ($186,000) over the budgeted amount. Staff is pursuing several other less costly alternatives for the construction of this ro'ect in accordance with our current Develo er's A eement. The specifications are for the purchase of a high-speed inkjet printing/cutting plotter to be completely compatible with the existing sign fabrication software using FLEXIEXPERT 7.5N3. The budget includes $16,000 for this item. This item was continued from the July 19, 2005 Cit Commission a enda. In order to improve and expand the City of Ocoee's pre-hospital Emergency Medical Services the Fire Department requested and was awarded a 100% non-matching grant from Orange County EMS for the purchase of 16 Automatic External Defibrillators (AEDs) to be distributed to City Facilities and Police vehicles. The subject Interlocal agreement must be executed in order to complete the award process. Commissioner Anderson raised concerns about not being advised about decisions regarding the Community Center (Item #3). City Manager Frank advised that a detailed email was sent to all elected officials informing them of the plans for the center. Weare at a critical point here at City Hall in need of space for the staff that is here 40 hours per week. We plan to keep as much space open for the seniors to meet, and the activity center portion will remain open. He said Glad Tidings will soon be open and there will be more space once the new police department is built. Mayor Vandergrift said Commissioner Howell also wanted this pulled off the agenda. The Mayor asked that Commissioner Anderson vote for this on a temporary basis to resolve the overcrowding of employees in City Hall, with a caveat that he bring it back in the future if he is not satisfied with the way things are progressing. He and Commissioner Howell can address their concerns at the next meeting and have the vote reconsidered, if they have not been satisfied after speaking with the City Manager. 'eonlent~lenC:laiIl<ote: Commissioner Parker, seconded bv Commissioner Johnson moved to approve Consent Aaenda, Items #1 throuah #9, as presented. Motion carried 4-0, with Commissioner Howell absent. I F. PUBLIC HEARINGS ORDINANCE SECOND READINGS Staff recognizes that enhancements and revisions to the existing purchasing ordinance are periodically necessary to streamline the procurement of commodities and contractual services for the City. The recommended changes address these issues and the increase in cost of items. The major revisions contained in this ordinance are: I) the approval levels for purchases have been increased for department directors and the City Manager, 2) the number of quotes for each level has been revised, 3) amends definitions, 4) amends exemptions, and 5) clarifies some procedures. Procedures have been reviewed and will be updated to reflect the changes in this ordinance once adopted. City Attorney Rosenthal read the title of the ordinance. Purchasing Agent Tolbert gave a summary of proposed revisions to the Purchasing Code. Page 4 of9 City Commission Regular Meeting September 6, 2005 Mayor Pro Tem Anderson opened the Public Hearing. James Fleming, 511 Orange Avenue, said he read the draft and feels the amount needed to determine whether or not a project should go out to bid is too low. He said City Manger Frank controls a $40 million dollar budget and should be able to handle jobs under $30,000 - $40,000. Purchasing Agent Tolbert said at this time the amount is still $15,000 for bidding projects, but there is a proposed change stating that the City Manager would be able to approve the bids between $15,000 and $25,000. Mr. Monacky, 1820 Prairie Lake Blvd., asked for clarification on the new procedures, to which Purchasing Agent Tolbert explained the three levels proposed for obtaining bids and quotes. Commissioner Johnson, seconded by Commissioner Parker moved to continue the second readina and public hearina of this ordinance until October 4, 2005, at 7:15 p.m. or as soon thereafter as may be heard, to allow the chanaes to the "Purchasina Policy" to be reviewed by all department heads and pertinent staff. Motion carried 3-0, with Commissioner Howell absent and Mayor Vanderarift away from the dais. Mayor Pro Tem Anderson closed the Public Hearing. City Attorney Rosenthal reminded that because this was continued to a date certain, there is no need for further advertisement. Break 7:25 - 7:40 p.m. I G. REGULAR AGENDA The Plantation Grove commercial subdivision is located on the northeast comer of Maguire Road and Moore Road, with Phase 3, Lot 2 being located directly south of the Publix Shopping Center, east of the Hess gas station. The subject property comprises a single lot totaling 7.94 acres, is zoned Commercial Planned Unit Development (PUD) and designated as Commercial on the Future Land Use Map (FLUM). Staff has determined that the proposal is consistent with the approved PUD plan, the Preliminary Subdivision Plan, and the Final Subdivision Plan for Plantation Grove. Conditions of Approval affecting this portion of the site in the original PUD have been incorporated into the plans. Commissioner Johnson, seconded by Commissioner Parker, moved to approve the Larae Scale Final Site Plan for Plantation Grove Phase 3, Lot 2, per staff recommendations. Vote was taken after subsequent amendment. Commissioner Anderson expressed his concern that there should be a variety of places in the general business area, that the proposed common area or "open space" would not become part of any of the businesses, and that the proposed "high quality restaurant" should be defined. Commissioner Johnson said that Ocoee Commons promised "high quality restaurants" and we have not seen one yet. Commissioner Parker agreed that she is tired of having developers promise something and not deliver, but she is concerned the space would sit empty if they could not find the right restaurant to come in. She is not sure of the correct way to make that a condition of the approval. Page 5 of9 City Commission Regular Meeting September 6, 2005 City Attorney Rosenthal pointed out that the site plan being considered tonight says "restaurant," there is no reference to any particular type of restaurant. Tim King, Developer, Uniform Development, 7505 West Sand Lake Road, Orlando said there are no plans to put a fast food restaurant there. They are looking atrestaurants such as Bonefish, Stonewood Grill, Outback, etc., and expect to be successful at getting one of them. City Attorney Rosenthal said it is zoned PUD, but the plan before the Commission tonight is not a PUD land use plan, it is a Large Scale Final Site Plan, which is located within a PUD, so they are not in a position tonight to amend or revise any of the conditions of the PUD. They would not have to come back to the Commission for any of the three proposed uses (restaurant, retail, or day care), it would be approved through staff as a Small Scale Site Plan. Dan Armstrong, Abbot Engineering, said the parcel would not be subdivided in any way. Even though it is being divided, part of the conditions was not to have any separate lots. Commissioner Anderson, seconded by Commissioner Johnson moved to amend the motion to include the condition that the open space park area adiacent to the 8,000 SQuare foot restaurantlretail/daycare site be left as common area and not incorporated into the use of that particular site. Motion carried 4-0, with Commissioner Howell absent. James Fleming, 511 Orange Avenue, said, "You can't take the man's land and make it a park". Mayor Vandergrift advised it was already proposed as a park, the City is not changing that. Vote was taken on the oriainal motion, as amended. Motion carried 4-0, with Commissioner Howell absent. The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board is to review infractions of the City Codes, negotiate compliance and impose fines for failure to comply. The board consists of seven (7) regular members and two (2) alternate members. At this time, there is one (1) opening for an alternate member to serve a three-year term. Applicants, James Morton (District 2), Steven Ballard (District 2), and Ronald Strosnider (District 4) have indicated interest in serving on the Code Enforcement Board. City Clerk Eikenberry advised this item had been tabled at the Commission Meeting on July 19, 2005, to allow Commissioner Howell time to find an applicant from his district. Her office had been in contact with Commissioner Howell and he was unable to locate an applicant, and advised to move forward with the appointment from the applications on file. Commissioner Anderson, seconded bv Commissioner Johnson moved to appoint James Morton to the Code Enforcement Board as an alternate member for a three year term. Motion carried 4-0, with Commissioner Howell absent. Page 6 of9 City Commission Regular Meeting September 6, 2005 A lien was placed on this property from code enforcement board case no. 04-036. Facts revealed that the property owner expired in his home and no one was appointed as a custodian of the property. The survivor does not have the means to arrange care of the property. A property management company is now representing the survivor. A request for lien waiver was made to maximize the benefits of the sale of the property to the survivor. The property is now in compliance. The current fine is $33,000.00. Commisisoner Anderson suggested the Commission consider acquiring the property for use as a disaster relief shelter. Discussion followed regarding ownership of the property being passed on to another family member who is unable to take care of it, and is now planning to sell it. City Attorney Rosenthal said the lien is no longer accruing because the property is now in compliance. Commissioner Johnson, seconded bv Commissioner Anderson moved to approve a reduction of the fine from $33,000 to $5,000 and aivina the new buyer 90 days to satisfy the lien or it would revert back to $33,000, on Code Enforcement Board Case No. 04-036 W.S. Alexander. Motion carried 4-0, with Commissioner Howell absent. Later in the meeting Commissioner Johnson read a note from a citizen, Gary Bryant, who called to say he thinks the Commission is more concerned with the acquisition issues than the merits of the case. Commissioner Anderson stated that the purchaser would buy this property at a very reduced price because of the condition, and wants the City to release the entire lien. He does not want residents to think they can just go to the Commission and get legitimate liens zeroed out. He made the remark about foreclosing the property and using it for disaster relief because at some point the Commission has to decide how often they are going to release liens vs. take appropriate action to enforce the fines. Mayor Vandergrift added that an appeal could be brought to the Commission if the new owner does not agree with the lien. At the City Commission meeting on August 2, 2005, the Commission requested that staff prepare a report regarding a new electronic voting system for the City Commission Chambers. Each system considered must be integrated successfully with the City's television broadcast system and the Commission Chambers audio set-up. Upgrades to OGTV will be necessary. Commissioner Johnson said he would like to get the Tybrin system, even if the Information Systems has to do some work on the dais to make it work. Commissioner Anderson said he would like to see something with interchangeable names, so that it could also be used for the Boards. Consensus of the Commission is to brina back representatives from the two companies to discuss their systems. Page 7 of9 City Commission Regular Meeting September 6, 2005 Mayor Vandergrift said he thinks we should form a committee to research this and formulate recommendations for a local ordinance. Commissioner Parker said we need to do something pro-active, that will help the children, without infringing on the rights of any residents or allow ordinances to be challenged. There are many great laws on the books that are unenforceable at this time. She would like to see "Escape School" taught in our schools to teach children how to respond to potentially dangerous situations. Consensus of the Commission was to form a Committee of residents, a School Principal, a Commissioner, police staff, interested parents, etc. Each Commissioner will brina back four names to the next meetina to form the committee. The Committee would be responsible for draftina lanauaae to be developed into an ordinance, for review by the City Attorney, and brinaina it back to the Commission for discussion/approval. City Manager Frank recommended that we develop the Committee with a sunset date of approximately 90 days. Consensus of the Commission was also to have City Attorney Rosenthal attend the first meetina of this committee to offer leaal direction, and then offer advisement throuah the City Manaaer for the rest of its duration. I H. STAFF REPORTS City Manaaer Frank asked for and received Commission approval to transfer J15,OOO from the Continaencv Fund and approval to process appraisals on two commercial properties. I I. COMMENTS FROM COMMISSIONERS Commissioner Anderson - reminded residents that he has t-shirts for sale to benefit Hurricane Katrina victims. Commissioner Johnson said he thought we should take money from the annual appreciation event and donate it to the Hurricane victims, and do a downscaled version of the appreciation event. Consensus of the Commission would be to have a volunteer tent at the Founder's Day event to show appreciation for Board members, and use approximately $~ to have a barbeaue for them. The remainder of the moneys usuallv spent on the Appreciation Event should be sent to the Hurricane Katrina victims. Page 8 of9 City Commission Regular Meeting September 6, 2005 Commissioner Johnson asked that the residents of Pioneer Key II be informed about the status of the drainage and road repair proje<::t in their neighborhood. City Manager Frank said we could put out bi-lingual door hangers. Commissioner Parker- no comments Mayor Vandergrift - reminded everyone of the game on Friday night, Ocoee High School vs. Freedom High School. I ADJOURNMENT The meeting was adjourned at 9:40 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 9 of9 MINUTES OCOEE CITY COMMISSION September 7, 2005 at 6:30 P.M. Agenda 10/04/05 Item 1 COMMISSION WORKSHOP - CITY MANAGER CONTRACT I A. CALL TO ORDER Mayor Vandergrift called the Workshop Session to order at 6:42 p.m. in the Commission Chambers of City Hall. Roll Call: Mayor Vandergrift, Commissioner Anderson, Commissioner Johnson, Commissioner Parker, and Commissioner Howell Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry City Attorney Rosenthal said you have the City Manager's contract before you, which is dated June 21, 2004, for a term ending September 30,2005. Prior to that date, the City Manager, and City Commission need to mutually agree on an employment agreement, the minimum of which would be to extend the agreement beyond September 30, 2005. If an agreement is met, he will bring it back the to next Commission Meeting with any revisions agreed upon. If no agreement is reached, the severance package will become effective. City Manager Frank said he requests that he receives the same COLA and merit that all other employees have been eligible for. He also asked that the mandatory residency in Section 9C be removed so that he can commit to purchasing a property in the City when the market conditions change. He said the length of the contract is not important to him, he would be open to whatever the Commission decides is appropriate. Commissioner Johnson said he has no problem with removing or revising the clause (9C) for mandatory residency. He said he thinks he should receive the 3% merit increase, retroactive back to his year anniversary on July 12, 2005, and 2% COLA, effective October 1, 2005, that is being received by all other employees. Commissioner Anderson said he has already expressed that City Managers should live in the City; he would be more accessible to the public and able to attend more City functions. We can give him additional time to find a residence, but we should not remove the mandatory residency from the contract. He said the original employment agreement was written to go for 16 months without a COLA or merit increase. He does not think the merit increase should be retroactive. He thinks that the vehicle allowance fee should be raised because of the cost of fuel. The Commission should consider raising the vehicle allowance from $600 to $700 per month. City Attorney Rosenthal said the contract does not address any pay increase, with exception to the COLA, which occurs automatically if the contract is extended. Merit increases are subject to negotiation between the Commission and the City Manager. Commissioner Parker said she agrees with renewing the contract for one year. She also thinks he should receive the 3% merit and 2% COLA, and is not averse to making the merit increase retroactive back to July 12, 2005. She also feels that the elected officials should be living in the City, but does not City Commission Workshop September 7, 2005 care if the mandatory residency requirement is removed or revised. She said as long as he is doing a good job running the City, and remains accessible and at night and on weekends as he has in the past, she has no problem with him remaining in his home. Commissioner Howell said he has no problem with the 3% merit and 2% COLA, and making the merit retroactive back to July 12,2005. He agrees with the one-year term of the contract. He does not feel that mandatory residency should be a requirement, because the market is rising too rapidly. He thinks that the vehicle allowance should be raised from $600 to $700, because of the rising cost of fuel. Mayor Vandergrift said he has been through three or four City Managers with all different lengths of contracts, and doesn't feel that a one-year contract represents faith in his abilities. He thinks the contract should be two-year, or one-year with an automatic one-year extension. He thinks the City Manager is doing a very good job. He would like the City Manager to live in the City and be part of the fabric of the community, but he is not going to reject the extension of his contract just for that reason. He still wants that to be the eventual goal. City Attorney Rosenthal said the Charter of the City of Ocoee states that the City Manager may reside outside of the City while employed as City Manager subject to the approval of the City Commission. The contract would need to specifically provide for the City Manager being allowed to live outside of the City. If they adopted a two-year contract, the current contract would provide for an automatic COLA increase on October 1, 2006, to the extent that the employees get one, but the merit increase would not be addressed. Commissioner Johnson asked if we can insert a clause into the two-year contract stating that the City Manager will receive whatever merit increase the employees get. City Manager Frank said it does not matter to him if it is a one-year or two-year contract, because he is committed to staying and understands that it is an "at will" position. City Attorney Rosenthal confirmed that the wishes of the Commission were to offer a 3% merit increase, retroactive to July 12, 2005; 2% COLA, effective October 1, 2005; a two-year contract with a provision stating on October 1, 2006, he will receive the same COLA as the other employees; he will receive a 3% merit increase on his anniversary on July 12, 2006; the vehicle allowance will be raised from $600 to $700 per year; and the mandatory residency will be waived, but the City Manager will use his best efforts to locate a home in the City. The meeting was adjourned at 7:20 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 2 of2 MINUTES OCOEE CITY COMMISSION SPECIAL SESSION September 15 , 2005 at 7:00 P.M. SPECIAL SESSION - TENTATIVE BUDGET PUBLIC HEARING Agenda 10/04/05 Item 1 I I. CALL TO ORDER Mayor Vandergrift called the Special Session to order at 7:00 p.m. in the Commission Chambers of City Hall. City Clerk Eikenberry called roll and determined a quorum was present. Roll Call: Mayor Vandergrift, Commissioner Anderson, Commissioner Howell, Commissioner Johnson, and Commissioner Parker. Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry. I II. PUBLIC HEARING Mayor Vandergrift announced that this is a public hearing on the tentative budget and proposed millage rate for the City of Ocoee. Notice of this hearing was contained in the Notice of Proposed Property Taxes mailed by the Property Appraiser. The City Commission has previously set a proposed millage rate of 4.95 mills, which represents a 20.27% increase in millage over the rolled-back rate of 4.1158 mills. Finance Director Horton advised the budget presented is balanced on a millage rate of 4.5789 mills, which represents an 11.25 increase in millage over the rolled-back rate of 4.1158. Ad valorem tax revenues are being increased to provide funding for operating expenses, personnel, capital improvement projects, and the purchase of equipment and vehicles. A list of general fund projects that are not included in the proposed budget was presented to the Commission during the budget workshops. These projects can be added, resulting in the millage being no greater than the 4.95 mills. City Attorney Rosenthal said, procedurally, the budget is based on the 4.5789 mills. If there are no amendments to the budget, it would be adjusted to what is advertised. If there are amendments to the tentative budget, then there would be a recalculation of the roll-back rate, being somewhere between the 4.1158 mills (roll-back rate) and 4.95 mills (advertised rate). If a tentative millage is approved for less than 4.95 mills, that would be the highest that you could adopt at the final budget hearing, but you could go lower. Mayor Vandergrift opened the Public Hearing Commissioner Howell arrived at 7: 10 p.m. Ocoee City Commission Regular Meeting September 2, 1997 1. Comments by Citizens. R.P Monacky, 1820 Prairie Lake Blvd., 1) asked about the change in positions in the City Manager's Office, particularly the Community Relations Division. City Manager Frank said what he is proposing is to add an Assistant City Manager, and delete positions of Assistant to the City Manager, and Administrative Assistant, 2) asked about the new Administrative Assistant position in the Community Development, to which Community Development Director Wagner said the City is growing and we need to change a part-time position to full time to keep up with the demands, the cost is less than $16,000, 3) asked why another position is needed in the Police Department. Commissioner Parker said the number of officers in our Police force has not grown since 1996, even though we have increased in population by one- third. Commissioner Howell said we lose many officers because they are quitting for various reasons. Police Chief Godon said at this time we have 69 sworn officers, and are asking for an increase of six, one will be funded from an Aggressive Driving Officer Grant. Winter Park currently has over 90 officers, and Apopka has over 80. Officers are stretched so thin that it is difficult to maintain good service, 4) asked about new staff in Public Works. Public Works Director Zaitooni said he is requesting several new staff members. The Assistant Public Works Director is needed to fill the gap and do administrative work such as project preparation, scope of services, agenda items, and handling various programs. The Fleet Department will be getting a new mechanic and clerk in order to maintain all City vehicles, 5) asked about the CIP Project Manager. City Engineer Wheeler said the CIP Project Manager is to help manage all of the projects; we have a very aggressive capital improvements program, and we need someone to work with the Engineering Department in overseeing commercial or residential development projects, road projects, PUD projects, utility projects, stormwater projects, and parks and recreation projects, and 6) asked about the Assistant Parks and Recreation Director position. City Manager Frank said there are many new parks and facilities coming up in the future with the new Parks and Recreation Impact Fees, and we need someone to assist with assessment, property acquisition, and planning for new facilities, and to help in the day-to-day management of the department. Rosemary Wilsen, 1019 Shady Maple Circle, 1) does not believe an Assistant Parks and Recreation Director position is needed, and thinks they need more lower level positions, not management. City Manager Frank said he agrees we need to fill more maintenance worker positions, but at this time there is not sufficient managerial staff to establish the most efficient and effective management of that department, and 2) said she hopes we will bring back our own Sanitation Division. Martha Lopez-Anderson, 2438 Alclobe Circle, 1) said she is concerned we are sacrificing Community Relations to get an Assistant City Manager. City Manager Frank said the Assistant City Manager wouldbe handling that division and he does not feel that a City of our size warrants a Community Relations Department with three full-time positions, 2) she said we continue to train Police Officers, only to have them leave and go somewhere else, and wants to know what we are doing about that. She said safety is a major issue, and having under 10 officers on the road at a time is not acceptable. City Manager Frank said it is not uncommon for officers to leave small cities to go to larger organizations with more opportunity and specialized squads. The new Human Resources director is working diligently with the Police Chief to try to devise ways to recruit and keep more officers, and 3) said she is glad Public Page 2 of7 Ocoee City Commission Regular Meeting September 2, 1997 Works Director Zaitooni stayed with the City and hopes he will bring back an in-house sanitation division. Mayor Vandergrift asked to see job descriptions for all new positions. 2. Comments by Commissioners. Commissioner Anderson asked the difference in the starting salaries for Police Officers compared to other cities, and do we have any provisions for hiring new officers. Chief Goclon said under our new City Manager, we are now able to bring in new hires at a rate above the lowest level. Mayor Vandergrift asked what we are doing about attracting new hires with some experience. Human Resources Director Carnicella said we are starting people above entry level, and we are currently having discussions in labor negotiations regarding those types of situations. Commissioner Anderson discussed concerns about the methodology used in conducting the Salary Survey, particularly the market study with other agencies. He also said as a Commission, they need to decide where they want the employees to fall, whether it is in the median 50 percentile, or higher or lower than that. Human Resources Director Carnicella said moving the percentile up over 50 % would cause a tremendous increase in the budget. We can discuss doing that for the police, only as a budget impact issue, without discussing more details that would interfere with discussions with the bargaining unit. Commissioner Anderson said that, by voting in favor of the budget, we are agreeing with the entire salary survey, for a total of $247,000 set aside for its implementation. He felt that a workshop should be set up to discuss the salary survey. Police Department Commissioner Howell said that Police Officers are leaving for reasons other than just salary. One of the things we should look into is take-home cars for police officers. He thinks we would loose fewer officers if we considered this. Mayor Vandergrift said he cannot vote for six new officers when we are down twelve at this time. He would also like the City to look into RoboCops for traffic enforcement. We should look into things other than adding more personnel. Commissioner Anderson said he feels we can compete with Winter Park and other similar sized agencies. He thinks we should look into being part of the state retirement plan, which can go with an officer from job to job. Our current private plan may keep some officers from coming here. Human Resources Director Carnicella said may also want to look into changing our private plan to incorporate some of those features. Commissioner Parker said we need to figure out how to get more officers. We have nights when there are 2-6 officers covering 30 square miles and they don't have time to do any pro- active work when they are just answering calls. Mayor Vandergrift said we do have mutual aide with other cities to cover calls when we are short. Commissioner Anderson asked what the cost would be to go from the 50 percentile to 60 percentile for the Police Department? Mayor Vandergrift asked Finance Director Horton if she can come up with the number of what percentage of the $ 247,000 in the contingency fund is allocated to the police department. Page 3 of 7 Ocoee City Commission Regular Meeting September 2, 1997 Parks and Recreation Department Commissioner Anderson asked if there was a copy of the job description for the Park Ranger. He said he does not see the need for this position. Mayor Vandergrift, Commissioner Parker and Commissioner Johnson spoke in favor of the Park Ranger position. Commissioner Anderson said he is not in favor of the Parks and Recreation Operations Manager. Parks and Recreation Department Director Petrone said this position would be to oversee the day to day operations of the department and assist with the overall vision of where we want to be in the future. The Department Head would be allowed more time to work on new facilities and acquisitions as the population continues to grow. Commissioner Parker said this is not the correct place to spend time grilling staff, and asked the Commissioner to make a motion to take this position out of the budget, if that is what he wants, and the Commission can vote. Commissioner Anderson, seconded by Mayor Vanderarift moved to amend the tentative budaet to remove the position of Parks and Recreation Operations Manaaer, and move the fundina to the continaency budaet. Motion failed 2.3 with Commissioner Howell, Commissioner Johnson, and Commissioner Parker opposed. Commissioner Johnson said the amount of work that goes into Founder's Day and all the Parks and Recreation Programs, necessitates additional management staff. Our parks are not in good condition and we need to do more than just mow them. We need to trust the City Manager to make decisions that will take this department to a higher level of service. Mayor Vandergrift closed the Public Hearing. City Attorney Rosenthal reminded the Commission that if any amendments are to be made to the tentative budget, now is the time to do that. Public Works Director Zaitooni said he distributed a chart showing 3 levels of projects that will require an additional level of funding above the 4.5789 millage rate. Commissioner Johnson said he would be willing to approve the projects in Level 2. Mayor Vandergrift said that the Starke Lake project could be done in phases. Commissioner Parker suggested we go with Level 2, except to add the Traffic Calming project in and take money from the Starke Lake Project to cover it. Motions by Commissioners for amendments to the proposed tentative budget. Commissioner Johnson, seconded by Commissioner Parker moved to amend the tentative budaet of the City of Ocoee, distributed alona with the budaet messaae of the City Manaaer dated July 29, 2005, alona with the chanaes resultina form the budaet Workshops in the followina manner: to include additional fundina levels for completion of proiects 1) Uniform Street Liahtina ($175,000), 2) Downtown Parkina ($98,000), 3) Starke Lake Shoreline ($100,000), and 4) Traffic Calmina on Ladv Avenue ($60,000). Vote was taken after the millaae rate was recomputed. Page 4 of 7 Ocoee City Commission Regular Meeting September 2, 1997 RECESS to recompute the proposed millage rate and rolled-back percentage increase. Finance Director Horton said the proposed budget, as amended would result in a millage rate of 4.85 mills and represent a 17.8386 percentage increase over the roll-back rate. Vote was then taken on previous motion. Motion carried 4-1, with Mavor Vanderarift opposed. Finance Director Horton said that the budget would have to have an additional $159,000 placed in contingency to keep the millage rate at 4.95 mills until the final budget hearing. City Attorney Rosenthal said that they started with a budget balanced at 4.5789 mills, and have added items into the budget which brought the millage up to the advertised rate of 4.95 mills. Commissioner Anderson, seconded by Commissioner Parker moved to amend the tentative budaet of the City of Ocoee, to add $159,000 to the continaency fund to raise the millaae rate back to 4.95 mills. Motion carried 3-2, with Mavor Vanderarift and Commissioner Howell opposina. City Attorney Rosenthal said the tentative budget, as amended, would result in a millage rate of 4.95 mills and represents a 20.27 percentage increase over the roll-back rate of 4.1158. This increase is the proposed percentage increase in property taxes. 1. Read title to Ordinance regarding millage rate. City Attorney Rosenthal read the title of the Ordinance. ORDINANCE 2005-012 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING A MILLAGE RATE FOR AD VALOREM TAXES FOR THE CITY OF OCOEE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005, AND ENDING SEPTEMBER 30, 2006, STATING THE PERCENTAGE, BY WHICH THE MILLAGE RATE EXCEEDS THE ROLLED-BACK RATE COMPUTED PURSUANT TO SECTION 200.065, FLORIDA STATUTES; PROVIDING FOR MILLAGE ADJUSTMENT; PROVIDING FOR COLLECTION OF TAXES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 2. Motion to adopt the tentative millage rate. Mayor Vandergrift opened the public hearing. There being no one wishing to speak, Mayor Vandergrift closed the public hearing. Page 5 of 7 Ocoee City Commission Regular Meeting September 2, 1997 Commissioner Johnson moved to adopt the tentative millaae rate of 4.95 mills for the fiscal year beainnina October 1, 2005, and endina September 30,2006. Motion died for lack of second. Commissioner Johnson, seconded by Commissioner Anderson made a moved the tentative millaae rate of 4.95 mills for the fiscal year beainnina October 1, 2005, and endina September 30, 2006. Motion carried 3-2, with Mayor Vanderarift and Commissioner Howell opposed. 3. Read title to Ordinance regarding budget. City Attorney Rosenthal read the title of the Ordinance ORDINANCE 2005-13 AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005, AND ENDING SEPTEMBER 30,2006; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 4. Motion to adopt the tentative budget. Commissioner Parker, seconded by Commissioner Johnson, moved to adopt the tentative budaet of the City of Ocoee, distributed alona with the budaet messaae of the City Manaaer dated July 29, 2005, alona with the chanaes resultina from the Budaet Workshops, and alona with amendments adopted at this meetina, such tentative budaet beina for the fiscal year beainnina October 1, 2005, and endina September 30, 2006. Motion failed 2-3, with Mayor Vanderarift, Commissioner Howell, and Commissioner Anderson opposed. City Attorney Rosenthal advised that they have adopted the tentative millage, and he recommends that they adopt, in some form, a budget that appropriates the funds generated by that millage. They can make amendments to move the funds around, or they can lower the funds, but that would require reconsidering the tentative budget and recalculating the tentative millage rate. Commissioner Anderson said he is not happy with the budget the way it is. He wants to see a different direction in the recreation department and police department. Mayor Vandergrift asked Commissioner Anderson to reconsider his last vote, which is in contrast with the millage rate that he voted in favor of, and then he will have two weeks to go over his issues before the final budget hearing. Commissioner Anderson, seconded by Commissioner Parker, moved to adopt the tentative budaet of the City of Ocoee, distributed alona with the budaet messaae of the City Manaaer dated July 29, 2005, alona with the chanaes resultina from Page 6 of 7 Ocoee City Commission Regular Meeting September 2, 1997 the Budaet Workshops, and alona with amendments adopted at this meetina, such tentative budaet beina for the fiscal year beainnina October 1, 2005, and endina September 30, 2006. Motion carried 3-2, with Mavor Vanderarift, and Commissioner Howell opposed. Commissioner Anderson, seconded bv Commissioner Parker made a moved that a public hearina to consider the final millaae rate and final budaet be scheduled for September 29, 2005, at 7:00 p.m. at a Special Meetina of the City of Ocoee City Commission to be held at the Ocoee City Hall Commission Chambers, that the hearina be advertised in accordance with the provisions of Section 200.065, Florida Statutes, and Section C-37 of Article VI of the Ocoee City Charter, that the appropriate Ordinances necessary to adopt the final millaae rate and final budaet be prepared by the City staff, and that all other action necessary to complv with the reauirements of Section 200.065, Florida Statutes, be undertaken. Mayor Vandergrift announced that the date of the final budget and final millage hearing would be held on September 29,2005, at 7:00 p.m., at Ocoee City Hall. Consensus of the Commission was to hold a workshop with reaard to the Salary Survey and Pay Plan, and have Executive Assistant Cowan coordinate a date and time. City Attorney Rosenthal will advise if the meeting should be a workshop or a special session. I III. ADJOURNMENT The meeting adjourned at 9:32 p.m. Attest: APPROVED: City of Ocoee S. Scott Vandergrift, Mayor Beth Eikenberry, City Clerk Page 7 of7