HomeMy WebLinkAboutI (A) Senior Program (Over 65 Program) • • = = City of Ocoee
c.j4vol -a
a 150 N. Lakeshore Drive Jean Grafton
or Goo City Florida 34761-2258 City Clerk
(407)656-2322
FAX (407) 656-5725
MEMORANDUM
To: Commissioner Glass
Commissioner Gleason
From: Jean Grafton, City Clerk
Date: March 9, 1995
Re: Senior Program Information: Agenda Packet 5/15/90 and 7/24/90 and
Minutes of Public Hearing 7/24/90
The information you requested (Attorney's memo dated 4/9/90 and Shapiro's memo dated
5/2/90) are contained in the agenda packet for May 15, 1990, and the entire packet was used
again for the public hearing on July 24, 1990. I have included the minutes for the public
hearing as well because the adopting motion at the end of the public hearing was slightly
different from the committee's recommendation.
"PRIDE OF WEST ORANGE"
AGENDA 5-15-90
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI D
Ocoee LL+V 1 LL\S. j1\.
•
CITY OF OCOEE RUSTY COMMISSIONERS
v 0 t1;4 a 150 N.LADRIVEESHORE DRE PAUL W.FOSTER
OCOEE FLORIDA 34761
(407)656-2322 VERN COMBS
' SAM WOODSON
OF aoow CITY MANAGER
MEMORANDUM ELLIS SHAPIRO
TO: The Honorable Mayor and Board of City Commissioners
FROM: Ellis Shapiro, City Manager
DATE: May 2 , 1990
RE: REPORT - OVER 65 COMMITTEE
Several months ago, the City Commission appointed a board of
citizens to review the Over 65 Program and make recommendations
regarding the program to the commission.
The committee met a total of 5 times, one of which was an
advertised public hearing for citizen input.
The first order of business by the committee was a discussion of
the costs borne by the general fund for the program FY90 .
Further discussion generated information that if not stopped or
modified, the Over 65 Program could eventually cost well over
$500 ,000 .00 per year by the year 2000 . The attorney Brian Lower
was asked to research whether it was legal for the Over 65
Program to be stopped by a date certain. He stated that it
legally could. ( See Attached)
By a majority vote, the committee felt that the program should
not be stopped but should have some modifications to it to help
be affordable in the future.
After a public hearing and three more meetings the following
items are recommended to the City Commission for their review.
( 1 ) The residency requirement for qualification be changed from
5 years to 10 years.
( 2 ) The maximum tax rebate be reduced to $100. 00.
( 3 ) The maximum water rebate be reduced from 15 ,000 gal/mo. to
7 ,600 gal/mo.
( 4 ) Sign up for the Over 65 Program be reduced to the month of
April each year.
( 5 ) That a committee be formed to study other cities methods of
caring for the elderly and poor and that said committee
recommend programs to the City Commission for adoption.
( 6 ) Any savings gained from the adoption of these
recommendations be accrued and used to fund other programs
for the elderly and poor.
Respectful) Submitted,
ES:fdg 400
Attachments
INDEX TO OVER 65 PACKET MATERIAL
SUBJECT PAGE NUMBER
Original Packet to Over 65 Committee 1-36
(containing Commission action regarding the 65 Program)
List of Members (appointed 2/20/90) 2
Worksheet for averaging Over 65 Usage for December ' 89 37
Summary of History of Over 65 Program on one page 40
Minutes of All Over 65 Program Committee Meetings 41-63
Attorney Opinion 54-56
"CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
Ocoee LESTER DABBS,JR.
O\
ark, CITY OF OCOEE COMMISSIONERS
�11) RUSTY JOHNSON
a 150 N.LAKESHORE DRIVE PAUL W.FOSTER
G OCOEE FLORIDA 34761
(407)656-2322 VERN COMBS
�fti \jc, SAM WOODSON
�f 0$ GOo0 �`, CITY MANAGER
ELLIS SHAPIRO
March 8 , 1990
Dear Committee Member:
Thank you for volunteering to serve the City of Ocoee in this
very important way. Please know that we will do whatever we can to
make your difficult task effective .
Enclosed in this packet you will find a copy of my entire Over 65
Program file. This includes the Commission minutes - from the
introduction of the idea of giving senior homeowners a break on
their water and garbage bills , through the addition of free
cemetery lots (and ending that portion of the benefits) , to the
most recent Commission action which changes the method of
expensing the program from utilities "lost revenue" to paying the
cost from the general fund.
If there is any thing further you need to help in your evaluation
process , please call me at 656-6370 .
Sincerely,
)3-1.
Je,n Grafton, C ty Clerk
, 1 %
The following Committee was appointed by Ocoee Board of City
Commissioners in regular session on February 20 , 1990 and charged
with the responsibility to review, evaluate and analyze tFt:e Over
65 Program with a goal of providing recommendatiorA s.p
Commission regarding any needed changes or adjustment o the
method of administration, the benefits received by those enrolled,
and the duration of the program. The organizational meeting has
been set for Tuesday, March 13 , 1990 at 7 : 00 p.m. in the
City Hall Conference Room.
Walt Cobb No telephone listed
718 Stinnett Drive
Dorothy Dinkel 656-7541
907 Maureen Avenue
Hilda Ems 656-2683
909 Flewelling Avenue
Owen Ems 656-2683
909 Flewelling Avenue
Mary Ellen Frame 656-7243
312 Sabinal Street
William (Bill) Gray 656-3395
705 Carmen Drive
Barclay Hamilton 656-5623
507 E. Lakeshore Drive
Bea Meeks 877-3009
124 N. Bluford Avenue
Dottie Minnick 656-8095
508 Bernadino Drive
Melvin Shaner 656-8091
615 Orange Avenue
Bill Stinnett 656-0613
349 N. Bluford Avenue
Ellis Shapiro, City Manager 656-6370
City Hall
150 N. Lakeshore Drive
Ivan Poston, Finance Director 656-2322
City Hall
150 N. Lakeshore Drive
Brian Lower, Esquire 423-7656 '
Foley & Lardner
111 N. Orange Avenue
Orlando, FL 32801
"CENTER OF GOOD LIVING- PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
Ocoee THOMAS R.1SON
41)
��
"` ° CITY OF OCOEE COMMISSIONERS
�. . y - RUSTY JOHNSON
"1 41P a 150 N.LAKESHORE DRIVE LESTER DABBS,JR.
0 OCOEE FLORIDA 34761
(407)656.2322 VERN COMBS
VARD J.HAGER
oil GOOD CITYMANAGER
ELLIS SHAPIRO
MEMORANDUM
TO: The Honorable Mayor and Board of City Commissioners
and Staff
FROM: Jean Grafton, City Clerk
DATE: September 5, 1989
RE: Over 65 Program
There have been many questions regarding the time of the
adoption of the "Over 65 Program" and in case you are one of those
who will need to answer the questions - here are the answers :
1/21/75 - Introduced to Commission
2/04/75 - Adopted by Commission
3/01/75 - Free Sanitation Services Began
?WC 4/01/75 - Free Water Services Began
)..(/ 1/01/76 - Ad Valorem Tax Refunds Began
- 2/03/76 - Free Cemetery Lots Introduced to Commission
2/17/76 - Free Cemetery Lots Adopted by Commission
6/07/77 - Ad Valorem Tax Refund Limited to Current Year
(None to be Paid for Previous Years if
Overlooked)
p,4/21/81 _ 5 year Residency Requirement Established
---77777-- -Tree Water Usage Limited to 15 , 000 Gallons )am- ,w-...
n C1r
•
. 3 .
MINUTES OF THE CITY COMMISSION MEETING OF THE CITY OF OCOEE HELD
JANUARY 21 , 1975
°RESENT: MAYOR VANDERGRIFT, Comm . LYLE , CRAWFORD , STINNETT AND WHITEHEAD
ABSENT: NONE
1 . Meeting was called to order at 7:30 p .m. with an offering of prayer
from George Bailey (editor of Winter Garden Times) , followed by the Pledge
of Allegiance . Minutes of 7 January 75 were read. Comm. Crawford stated
that in the last paragraph the second page of said minutes it should read
that the City Manager was instructed to put a speed limit sign in the
canal . Motion was made by Comm . Lyle to accept minutes as corrected,
seconded by Comm. Whitehead. Unanimous. Minutes of the Special Meeting
held 16 January 75 were read. Comm . Lyle stated the minutes regarding the
Community Development Act with the county should reflect that his motion
was to supercede previous action taken by council on January 7, 1975.
Motion was made and seconded to accept the Special Meeting minutes as
corrected. Unanimous . '
2 . George Bailey of the! Winter Garden Times came before council
expressing his desire to publish a Special Ocoee edition in the spring in
honor of Ocoees ' fiftieth anniversary . After much discussion Comm. Stinnett
.-- ,,lade a motion that Mr. Bailey procceed with his idea with full cooperation
from council , seconded by Comm . Crawford . Unanimous .
4 . Members of the Ocoee Lions Club came before council requesting
financial assistance for the Ocoee Central Florida Fair Booth . After much
discussion Comm. Crawford made a motion that the City donate 3300.00 toward
this project , seconded by Comm. Whitehead. Unanimous .
3 . Policies of the Recreational Facility were read . After much disco ss5 ori
Comm . Crawford made a motion to accept said policies , seconded by Comm.
Whitehead. Unanimous .
Comm. Lyle made a motion to accept Youth Council Membership By-Laws ,
seconded by Comm. Whitehead. Unanimous .
Comm . Stinnett made a motion to pay 3150 dues to West Orange Chamber
of Commerce from General Fund acct#9080, seconded by Comm. Crawford. Unanimous .
Comm. Crawford made a motion that the City withdraw from E .C .F.P .C . ,
seconded by Comm. Stinnett. Comm. Stinnett, Crawford and Whitehead yea ,
t Comm. Lyle nay . Motion was carried.
114.11 .
pr--4' Comm. Crawford suggested that the City Manager check into the possibilty
of senior citizens or persons living on social security income and residing
within the City limits receiving free water. After much discussion Comm.
Stinnett made a motion that the City Manager research the above and also
investigate the possibilties of those persons mentioned above not paying
[ft,
• ' 4 .
(2 )
'City taxes , seconded by Comm. Crawford . Unanimous .
411)
Comm. Stinnett made a motion that the City Attorney research the
f 3gality of the City stopping all City services of persons living on a
L_
street that was half City and half County if these people did not want to
come into the City, seconded by Comm. Crawford. Unanimous .
mayor stated that the City officials were invited to a dinner (dutch
treat) at Quality Inn at noon on 25 January 75 to meet and talk with
Congressman Kelly . mayor gave a report on Tri-County league of Cities meeting.
mayor suggested taht each commissioner and department head should try and
formulate a five year capital out lay program as outlined in the city charter.
The City manager was directed to write to municipal. Code Corp. requesting
a model ordinance on disorderly conduct.
5. The City manager briefed council on the quarterly budget.
meeting adjourned at 10: 00 p.m.
• ( - C.._ ,
STh j;(_ tiot... .e.cl.dir4,
CITY C RK MAYOR
I .
• S'•
MINUTES OF THE CITY COMMISSION MEETING OF THE CITY OF OCOEE HELD
4 FEBRUARY 75
- PRESENT: MAYOR VANDERGRIFT, COMM. LYLE , CRAWFORD ,WHITEHEAD AND STINNETT
ABSENT: NONE
1. Meeting was called to order at 7 : 30 p .m.with an offering of prayer,
followed by the Pledge of Allegiance. Minutes of the previous meeting
were read. Comm. Stinnett made a motion to accept minutes as read, seconded
by Comm. Crawford. Unanimous . Minutes from the Zoning Board meeting were
read. Motion was made and seconded to accept as read. Unanimous .
2 . F.H.A. requests revised plans and up dated construction costs on
Municipal Complex: City Manager briefed council on said request and
stated he had talked with the architect and they had stated it would cost
an additional fee to up date the plans . After much discussion the City
Attorney was directed to research the contract between the City and the
Architect firm (Watson & Watson) .
3 . City Manager stated he was requested on behalf of the Women' s Club
to ask for a donation of $200. 00 to help defray the cost of air-conditioning
said club . Comm. Crawford made a motion to donate $200. from General Fund
account #9080 , seconded by Comm. Stinnett . Unanimous .
Connie Crawford came before council and stated that she was a
representative of West Orange County from Congressmen Kelly' s office which
is located at 608 E . Semoran Blvd. Mrs . Crawford also stated that every
friday she would be at the West Orange Chamber of Commerce on HWY 50 .
City Manager briefed the City Commission on details of the "Over 65
Program" . The plan is designed to provide free water service, free sanitatio
' service and refund the City of Ocoee ad-valorem taxes to those residents
meeting the eligibility criteria. To be eligible for the benefits a
!_ person must be a legal resident of the City of Ocoee and the State of Florida
Must be ammo 65 or older on 1 January or 62 or older if a social security
recipient. Must hold legal or equitable title and live on the property.
Proof of age must be established. Birth certificate , homestead exemption
certificate and social security recipients will be accepted as proof of age.
Residents must be prepared to attest under oath that information furnished
the City of Ocoee to establish eligibility is true and correct. The City
Manager briefed commission on the estimated cost of the program for one
year. Based on 110 persons meeting eligibility criteria - loss of ad-
valorem tax revenue was estimated to be $7 , 150 - water revenues =$5 , 940-
10% utility tax $594 and sanitation fees $3 , 960 . Total cost of program was
an estimated $17 , 644. The City Manager stated that more accurate figures
could be computed following one year of operation. Comm. Stinnett moved to
accept- program as presented, seconded by Comm. Crawford. Unanimous . The
free sanitation services will take affect 1 March 75 , the free water will
take effect after the City receives approval from the Bonding company and
e tax rebate will be effective 1 January 76 .
After much discussion on the subject of stopping all City services
to persons living outside the City limits .The City Attorney stated a reason
should be given these people and everyone treated equally, also a public
hearing will have to be held. Comm. Stinnett made a motion that all persons
living outside the City limits be notified by registered letter that there
would be a public hearing held 11 March 75 on the subject of ceasing all
city services (water & sanitation) with a deadline of 15 April 75 . If it
is legally possible for these persons to annex and they do so before 15
�= April 75 all services shall continue, if it is not legally possible for a
person to annex into the city their services shall continue under the present
system, seconded by Comm. Crawford. Unanimous .
• L •
MINUTES OF THE CITY COMMISSION MEETING OF THE CITY OF OCOEE HELD 4 MARCH 75
- PRESENT :MAYOR VANDERGRIFT, COMM: LYLE , CRAWFORD, WHITEHEAD & STINNETT.
ABSENT: NONE
1. Meeting was called to order with an offering of prayer at 7 : 35 p .m.
followed by the pledge of allegiance . The minutes of the last meeting were
read. In item A of said minutes it should reflect that Teleprompt TV is ahead
of the schedule that was presented to council in`:the 3 September 74 meeting .
Comm. Lyle moved to accept minutes as corrected with the exception of paragral
two (Retirement Plan Change) the City Manager is to check with Doug Everd
(Insurance Agent for the city) as to whether or not paragraph two is a correct
statement , seconded by Comm. Crawford . Unanimous . (Earagraph two should have
reflected the following; Doug Everd (City Insurance Agent) stated that if
an employee terminated at the end of four years he would receive 10070 of the
value of what he had paid in and 807, of the value of what the city had
contributed. )
2 . Bi-Centennial Program: Mr. Breeze came before council in behalf of Ed
Pratt stating that the Bi-Centennial Committee would like to have a 4th of
July, City celebration on the west shore of Starke Lake. Comm. Lyle made a
motion to grant said request as lorgias the committee had the assurance from
the Police & Fire Departments that they could give protection for this event,
seconded by Comm. Whitehead. Unanimous .
3 . The City Manager stated that Attorney John Rhodes had submitted a
preliminary Title Opinion on the city property on Bluford Ave. and Mr. Rhodes
had stated that some areas were not clear and could only be cleared with a
Quiet Title which could cost as much as ' $1 , 100 . 00 . Comm. Crawford made a
„ motion that Mr . Rhodes go ahead with the Quiet Title suit at the lowest cost
)ossible, seconded by Comm.Whitehead. Unanimous .
4. The City Manager explained to council that the water treatment plant
#3 has had the final electrical and tank inspection and the City Engineer
had recommended acceptance. Comm. Crawford moved to pay Chicago Bridge and
Iron the final payment of $1 , 000 from the tank construction fund, seconded
by Comm. Whitehead. Unanimous . Comm. Crawford made a motion to pay the
City Engineer a final payment of $1 , 237 . 68 from tank construction fund,
seconded by Comm. Whitehead. Unanimous .
Over 65 Program: The City Manager stated that letter of approval had
been given him from the bonding company and also a letter had been received
from the City Auditor . The City Manager recommends the free water be effectiv:
1 (for persons on Over 65 Program) as of 1 April 75 . Comm. Crawford made a
. motion that the free water program be implemented as of 1 April 75 , seconded
„by Comm. Lyle. Unanimous . ..0
6 . Policy for Police Dept : Comm. Crawford stated he disagrees with the
Mayor trying to implement this program. Comm. Crawford stated that when the
Chief felt his employees. needed more training. he should be the one to request
such a program and the Mayor should not interfere with any department . Comm.
Crawford further stated that in the future the Mayor should direct his
attention to his duties which include the opening and closing of commission
meetings ' . The Mayor so stated that anytime he felt that his suggestions
could help improve a department he would interfere. After much discussion
the policy was disreguarded.
7 . March 11 , Annexation Public Hearing : Comm. Stinnett made a motion that
'1 the Planning & Zoning Board be present at the Public Hearing in order to
acquaint themselves with the parcels of land to be annexed and that the
Planning & Zoning Board recommend zoning for the parcels of land to be annexe,
to the City Commission, seconded by Comm. Lyle . Unanimous .
8 . Flood Insurance Resolution: Motion to read by heading only was made by
Comm. Crawford, seconded by Comm. Stinnett . Unanimous . City Manager read
heading only of said resolution. Comm. Crawford moved to adopt said resolutioi
• 1 •
,sSOF .THE CITY COMMISSION MEETING OF THE CITY OF OCOEE HELD 20 JAN. 76 .
i
1 : MAYOR BREEZE , COMM.WHITEHEAD ,LYLE , CRAWFORD & STINNETT.
ABSENT NONE '
I:a&b Meeting was called to order at 7 : 30 p .m. with an offering of prayer , •. .
followed by the pledge of allegiance.
8&b Minutes of L, Jan 76 were read. Comm. Crawford moved to accept minutes
II' seconded by Comm. Whitehead. Unanimous . Minutes of 13 Jan 76 were
ag_r
read.'read,
Crawford moved to accept minutes as read, seconded by Commissioner
Stinnett.
Unanimous . " I
IIZ Mr, Spivey came before council on behalf on the Ocoee Lions Club re-
questing a $300. 00 donation to help defray the cost of the Ocoee booth at the
Central Florida Fair . Comm. Crawford moved to grant said request, seconded
by.-Comm. Whitehead. Unanimous .
Iv;. Mayor Breeze presented a plaque to former Mayor Vandergrift.
‘1.7...:---. Interim City Manager (Mr. Wood) requested that Sam Oliver ' s pay be i
increased- from $210 . 00 per month to $230 . 00 per month, based on the Federal ,
Governments ruling that a person receiving Social Security can now earn as .
MUch. as $2 , 760 . 00 per year instead of $2 , 520. 00 per year . Comm. Whitehead
ii
moved to increase Mr . Oliver' s pay to $230 . 00 per month, seconded by Comm. Nk
Crawford. Unanimous .
VI.-. Gene Ritz of Tampa Central Credit Union came before council and ex-
1
After much discussion Comm.
plained the functions of said credit union. ; , ,
Stinnett moved that the employees of the city that wished to join the Tampa : ,.
Central Credit Union be allowed to do so , seconded by Comm. Crawford . Unamious . G
VT1L. Curbside Pickup - Garbage and Trash-- After some discussion Comm. ,' ly
Ct. ford moved to table subject until a future date, seconded by Comm.White-. : .;•
head. Unanimous .
VII. Teleprompter vs City of Ocoee: Reference letter from previous City AL
Attorney Caldwell, the judge denied Mr. Caldwells motion to dismiss Tele-
prompters petition against the city . City Attorney Rhodes recommended that i >.
Attorney Caldwell continue to defend the city in this case. Comm.Crawford 1
requested that City Attorney Rhodes familiarize himself with said case and #, X
at next meeting give council his opinion on whether or not the city should I ;.i
proceed with this case. The Mayor requested that if possible City Attorney
Rhodes give council an approximate cost of continuing said case.
Cemetery Lots for OV 65 Program: Council stated that one must be on
the "OV- 65 Program" to be eligible and if husband or wife died an ajoining
lot would be made availiable for survivor . If for some reason the body was i: '
moved or the lot was not used its ownership would revert back to the city.
After much discussion council directed Interim City Manager to draw up a
Dolicy on said matter .
•�• Update of Five Year Road Program-Orange County : County requested a
five year road program priority list. Comm. Lyle moved to send priority list
from last year , seconded by Comm. Crawford . Unanimous .
Interim-City Manager requested that the City Manager remain on present `!
salary instead of Disability Sick Leave Pay. Comm.Whitehead moved to grant
said request, seconded by Comm. Stinnett . Unanimous .
Budget review of 1st Quarter will be held at next regular meeting .
Comm. Crawford moved to pay J .W.J . , INC . $3 , 659 . 17 from Revenue Fund Acct#
1304, seconded by Comm.Whitehead. Unanimous .
Comm. Stinnett requested that an order be issued to the Police Dept. to
- -k the cemetery gate every night at 7 : 00p .m. Comm. Stinnett stated that
there needed to be an entrance and exit at the New Police Building . Council
directed Interim City Manager to obtain a cost estimate from Amick Const.
for an exit on the north side of the front of the building and for parking ,�
8 • :
MINUTES OF THE MEETING OF THE CITY COMMISSION HELD FEBRUARY 3 , 1976
•
.. . PRESENT: Mayor Breeze, Comm. Lyle, Whitehead, and Stinnett
ABSENT: Comm. Crawford
L .-: _I, a & b Meeting called to order at 7:30 p. m. with an offering of prayer
� '
'7"'-. followed by the pledge of allegiance.
;.- s1II. a, b & c Minutes of the Commission Meeting held 20 January were read.
,
Comm• Whitehead moved to accept, seconded by Comm. Stinnett. Unanimous. Minutes
of Planning & Zoning Board Meeting
read.
The AdjustmentWhitehead
Board Minutesowereaccept,
read
- 7 seconded by Comm. Stinnett. Unanimous.
Kinto the record for information only.
Chief Turner came before council on behalf of Ocoee Little League requesting
III.
-t.----- permission to hold a carnival at the corner of Bowness Road and Franklin Street
" and also requesting that the city waive the permit fee. Comm. Whitehead moved to
''A grant said requests , seconded by Comm. Stinnett. Unanimous.
IV. • Interim City Manager presented proposed addition to the OV 65 Program (free
'' cemetery lots - see attached). Council made the following changes to said pro-
f item 3f; 1st sentence should read "To be eligible for a burial lot, a person
Armust='must have met the above criteria. " The last sentence in item 3f should read
c�.'When the survivingg1husband or wife dies, he or she need not have met the. above
- -1 criteria to be eligible for a' free lot. " Motion to accept as amended was made by
+C•�tStinnett, seconded by Comm. Whitehead. Unanimous.
1 -----V— Interim City Manager, Comm. Stinnett and Mayor Breeze' recently. had a conference
' ith a representative from the Community Development Office to establish a priority
Jorthe usage of federal funds thru the Community Development Association. Those
J':"priorities are (1) Bay Street - Drainage & Paving .(2) Prospective Recreational
(where old dump was) drainage ,to Lake Lotta (3.) Columbia Ave. - 1,500' paving.
•
):.`:_Automatic Lighting at Tennis Court: •
Interim City Manager stated the only cost he had been able to find was $14'.00
an automatic timer. After some discussion council directed the Interim City
- .Manager to obtain a cost for a metered lighting device.
.
�.:- `VII. First Quarter Budget Briefing to be deferred to last agenda item.
= VIII. There will be a work session on 2-17 at 7:30 p. m. with the architect and
� builder to discuss the plans for a new city hall building.
=�IX. Interim City Manager stated that Amick Construction as of today had not given
. 71:7
-him a cost for constructing an exit at new police building.
Interim City Manager briefed council on 1st Quarter of 75-76 budget: Council
` commended Interim City Manager on his presentation.
=- Comm. Whitehead stated that all the ball fields need clay: Interim City
--- Manager to check with County for clay.
Mayor stated launch at old�loading ramp needs attention - possibly the Street
Dept. could pour some cement here.
-
TgS OF THE CITY COMMISSION MEETING OFiTHE CITY OF OCOEE HELD 17 FEBRUARY 76 Ar
`,ISENT: MAYOR BREEZE, COMM. WHITEHEAD , STINNETT AND CRAWFORD .
-ABSENT: COMM. LYLE
_I.a&b Meeting was called to order at 7 : 28 p .m. with an offering of prayer ,
followed by the pledge of allegiance.
'II.a&b Minutes of the previous commission meeting were read. Comm.Whitehead
moved to accept minutes as read, seconded by Comm. Stinnett. Unanimous .
riinutes of the Planning and Zoning Board were read into the record. Council
agreed that the Planning and Zoning Board should be given copies of the
• approved commission meeting minutes . .
III. Mr . Melva Hudson came before council requesting permission to replace
the old Minorville sign on Highway 50 and Bluford Avenue . at his own expense.
:_'C0 .Whitehead moved to grant said request subject to the State Highway Dept .
approval, seconded by Comm. Stinnett. Unanimous . Mr . Hudson further wishes to
place a memorial in the Ocoee Cemetery. Council suggested- that he contact
-.the cemetery caretaker , Mr. Horton.
:fir- David Crosby, Bi-Centennial chairman came before council with a repor
"on-the 1975 Labor Day celebration. Mr .Crosby stated that the committee netted
11;080 . 43 on the aforementioned celebration. Mr . Crosby also stated that the
-_Bi_Centennial committee is planning an old fashion day on April 25 , 1976 ,
• with a bike parade , games and a picnic. The committee is hoping to tie this
_celebration in with the dedication services of the new City Hall building
ZV _. NEW CITY HALL: Mr. Guedes (architect) came before council with the
• final. plans for the new city hall building . Comm. Whitehead moved to accept
plans as presented , seconded by Comm. Stinnett . Unanimous . Comm. Whitehead
• _'moved to proceed with construction of said building , seconded by Comm. Stinnet
.i.JIDI4nimous . Mr . Guedes ask council for authorization to work on a master plan
=foi. the site on which the city hall is to be built. Mayor question Mr. Guedes
as'=to what the cost for said plans would be. Mr.Guedes stated he would need
=a work session with council to determine what actual plans for the future
...they desire. Comm. Stinnett moved that the Interim City Manager establish
; a;checking account for the new city hall building, seconded by Comm. Crawforc
:r,..0Frwmimous .
7 _- Richard Gardner came before council requesting permission to sell
- : •eer'and wine to go at the R&L Market located on highway 50 . Comm. Crawford
!moved to grant said request based on approval of the Beverage Commission,
seconded by Comm. Stinnett . Unanimous .
rYNI•' _ An emblem originated by the Interim City Manager was proposed to
council for usage as a city emblem. Comm. Crawford moved to adopt said emblem
-- econded by Comm. Whitehead . Unanimous .
A revised copy of the "OV 65" program to include free cemetery lots
..iyt_o'eligible citizens was presented to council. Comm. Stinnett moved to
Ota:' : -pt policy as revised, seconded by Comm. Crawford. Unanimous .
otic
I•,=•- Interim City Manager briefed council on some of the surrounding. citi
.,, y of horsebacking riding in .the . city limits .After much discussion counc
•zatructed Interim City Manager to research the existing city ordinances to
=see if the city has anything to cover this matter and if necessary consult
Stith the City Attorney.
.=. _ - West Orange Chamber of Commerce has advised the city that they are
entitled to another chamber representative. Comm. Crawford moved to appoint
x— .Stinnett, seconded byComm.Whitehead. Unanimous .
': -the Mr. Weeks of WursInsurance Agency came before council stating tha-
{: the physical damage coverage of the city is insured thru LLoyds London on a
-_stated amount basis and that if council desires $250 . 00 deductible the cost
111.11 be 670 of the statedvalue or 4% of the value on $1, 000 . 00 deductible .
om, - , pp
6., ,.
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:,
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- ,PERMERE FIRE CONTRACT i
4. ty Manager stated that the Mayor of Windermere had contacted him requesting �
cost for fire protection for the coming fiscalyear. Comm. Stinnett
1
";, commended that council instruct City Manager to meet with the Windermere
EE: -ficials and propose $25 , 000. for said service (Comm. Stinnett used an
a4. rage miof approximately $100 per house to arrive at the $25 , 000 figure) .
a •
. Crawford moved to accept Comm. Stinnetts :recommendation,: .seconded by 1 '
Whitehead. Unanimous .
,¢NDMENT TO "OV 65 PROGRAM"
w- - ty Manager recommended amending "OV 65 Program" to prohibit payment of
Itroactive taxes . Comm. Whitehead moved to accept the City Managers .
W, _ commendation, seconded by Comm. Crawford. Unanimous .
.-T iRLS SOFTBALL TEAM - MR. BAGWELL
Bagwell came before council on behalf of Ocoee girls softball team
"d presented trophy won last season. Mr. Bagwell requested a $200. donation
$ ' behalf of the girls team. Comm. Whitehead moved to donate $100 . , seconded
-- Comm. Stinnett. Unanimous .
PORTS AND INFORMATION
. uun. Crawford moved to pay $17 , 882 . 89 for Maguire land purchase from
i-L.1.7 neral Fund acct#3084A, seconded by Comm. Whitehead. Unanimous .
mm. Stinnett moved to pay $1 , 316 . 20 to Municipal Code from General Fund
'cumbered Account, seconded by Comm. Crawford. Unanimous . City Manager
17--1 tated that the ordinance codification has been received and recommended that
•e Mayor, Commissioners and City Attorney receive copies . I '
'mm. Crawford moved to pay $3 , 777 . 90 for L.E.A.A. recording equipment from
Z7 olice Dept. acct#4049 , seconded Comm. Stinnett. Unanimous .
'mm. Stinnett moved to pay Colonial Chrysler $4, 967 . 30 Police Dept. acct#
:Y 148 , seconded Comm. Crawford. Unanimous . i'
- 'mm. Crawford moved to pay Norman Burke for legal fee $690 . from General ;I
4.77 ''vt. acct;f3040, seconded Comm. Stinnett. Unanimous .
AYOR/COMM. REPORTS
ity Manager stated that $6 , 200 . was the last bid the City had received for !
-- wing Apricot Street and that he was holding off to see if Amick would pave 1
- tat a lower cost.
411M. Crawford instructed City Manager to contact Harold Maguire to see if II
e city could purchase the remainder of Miss Maguires property and if so
't what price.
' "or stated that he would like the tile that says "Ocoee City Hall" removed
um the old City Hall building and placed on the east end of thenewCity
11 building if it could be removed without damaging the tile or the
tiding . City Manager is to check into this matter.
• II • ,l
COMMISSION MEETING
17 FEBRUARY 1981
PAGE TWO
a
buildings needs to be repaired, and that Russell Hodge has submitted a bid for
a complete repair. Commissioner Whitehead said $1250 was a more reasonable estimate.
Commissioner Lyle vobed to reject Mr. Hodge's bid. Commissioner Hager seconded and
vote was unanimous in favor.
ANNEXATION AND ZONING REQUEST
Mr. Richard Peck, 106 Myrtle Lane, Longwood, advised that he and a partner had purchased
a parcel of land south of Hwy 50 and they requested that the parcel be annexed into
City and zoned C-2. Commissioner Stinnett moved to annex the parcel with the zoning
change as requested. Commissioner Lyle seconded and vote was unanimous in favor.
CHANGE REGULATION OF HOURS FOR SALE OF ALCOHOLIC BEVERAGES REQUESTED
Mr. Bob Dickerson, Manager of Holiday Inn West, requested that the regulation controlling
serving and closing hours for Saturday night be changed from midnight to 2 A.M.
Commissioner Stinnett moved to change ordinance controlling closing hours from midnight
to 2 A.M. Motion died for lack of a second.
BUDGET BRIEFING-FEDERAL REVENUE SHARING FUNDS
City Manager Vignetti advised that of the Federal Revenue Sharing Funds of $126,690 .
remaining, $64,139 has been set aside for water system improvements , $13,950 for
L9000 bookkeeping-billing machine, $25,405 for recreation park at Prima Vista, leaving
$78,973 due from 10 October 80 thru 30 September 81 (not yet received). At a public
hearing 10 February 81, citizens indicated a desire for the remaining monies to be
I ' allocated $25,000 for city wide recreation, $5,000 for sidewalks on south side of
Orlando Avenue, and an unspecified amount to complete phase 3 & 4 of boating improvement
project. Mr. Vignetti advised that City also will need a garbage/trash truck and a
fire truck this year. Commissioner Stinnett moved to allot $45,000 for sanitation truck
and $34,000 for fire truck and put balance of expense in the 1982 budget. Commissioner
Hager seconded and vote was unanimous in favor.
111CHANGE OF WATER BILLING SCHEDULE PROPOSED .a
City Manager Vignetti proposed changing the water billing cycle from 1 month to 3 months
in the interest of more efficient use of employee time and equipment. Mr. Vignetti
Proposed changing the water charges to $3.00 for 1st 5,000 gallons, plus 35t per each
additional thousand, retaining the 10% utility tax for water, also continuing with
the 45,000 gallons free water each quarter for those on Over 65 Program, with cut-off
for non-payment in 15 days from mailing date. Commissioner Lyle moved to accept propos
as briefed. Commissioner Whitehead seconded and vote was unanimous in favor.
Attorney Rhodes requested a resolution and mentioned a case involving a city being
sued regarding cut-off procedures. Cut-off time was unresolved.
DRAINAGE PROJECT
Mr. Vignetti advised that the drainage project was started Monday.
ARCHITECT TO BE CHOSEN
' 3 March 81 has been the advertised date for reviewing architect's qualifications for
the new community center.
1 'i •
COMMISSION MEETING
3 MARCH 1981
PAGE TWO
alcoholic beverages on Saturday night from midnight to 2 A. M.
Commissioner Stinnett stated that he feels City should not regulate opening and
closing time at all and moved to grant two additional hours. Motion died for
lack of a second.
BID-FENCING OF NEW BALL DIAMOND NEXT TO GARAGE
Commissioner Lyle moved to accept bid from Quaid Fence for $3,161.85. Commissioner
Whitehead seconded. Commissioners Lyle, Hager and Whitehead voted yea, Commissioner
Stinnett voted nay. Motion carried by majority vote.
ARCHITECT SELECTED FOR PROPOSED COMMUNITY CENTER
Commissioner Lyle moved to award the Community Center Project to Roberto Guedes.
Commissioner Whitehead seconded and vote was unanimous in favor.
CONTRACT FOR CONSTRUCTION OF BOWNESS ROAD
City Manager Vignetti advised the proposed contract from Orange County to pave
Bowness Road requires more than $100,000 will cover. Mayor Freeman is scheduled
to meet with County 9 March at 3:15 P. M.
FEDERAL REVENUE SHARING AUDIT REPORT FY 79/80
Commissioner Whitehead moved to accept the Federal Revenue Sharing Audit Report for
Fiscal Year 79/80. Commissioner Stinnett seconded and vote was unanimous in favor.
PROPOSED CHANGE FOR WATER-SANITATION BILLING PERIOD
he resolution for the proposed change for water-sanitation billing period was examines
by commissioners.
City Attorney Rhodes expressed dissatisfaction with the 15 day cut-off period and stat(
he has included methods to accomodate such a short period so that a customer with a
grievance has a procedure for defense. He then suggested waiting until next regular
meeting date to vote on resolution so that all sides could be considered thoroughly.
THE MEADOWS PHASE II SUBDIVISION APPROVAL
Walter Kuhrt, City Engineer, submitted The Meadows Phase II Water System Improvement
Project Plan for approval subject to fence. Commissioner Stinnett moved .toaccept •
Phase II plan subjectto fence. Commissioner Whitehead seconded and vote was unani-
mous in favor.
REPORTS/INFORMATION
Commissioner Whitehead moved to authorize City Manager to pay Auditor $700.00
from account #513.32. Commissioner Stinnett seconded and vote was unanimous in favor.
Commissioner Hager moved to authorize City Manager to pay for Fire Dept. pickup truck
$5,953.83 from account #522.648. Commissioner Lyle seconded and vote was unanimous
in favor.
Y
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i3 •
MINUTES OF CITY COMMISSION REGULAR MEETING OF CITY OF OCOEE 17 MARCH 198 .
Mayor Freeman called the meeting to order at 7 : 30 P . M. in the
�:.., commission chambers and led those present in the pledge of allegiance
to the flag.
Present were Commissioners Hager, Lyle , Stinnett and Whitehead,
City Manager Vignetti , City Attorney Rhodes , and Clerk Grafton .
MINUTES OF 3 MARCH 81 CORRECTED
Minutes of the meeting held 3 March 81 were corrected by Comm. Lyle
as regards Item (a) (Goodman Annexation) to include "second and final
reading. " Comm: Whitehead moved to accept minutes .as corrected.
Comm. Hager seconded and vote was unanimous in favor .
PLANNING AND ZONING BOARD MINUTES OF 10 MARCH 81 ACCEPTED
Minutes of the Planning and Zoning Board meeting held 10 March 81
were read for information only . Comm. Stinnett moved to accept minute
as read. Comm. Hager seconded and vote was unanimous in favor .
ZONING ORDINANCE AMENDED
Following a discussion which revealed that the words "Hotel , Motel"
had been inadvertently omitted from the C-3 classification , Comm.
Stinnett moved to include the words"Hotel , Motel " as a use permitted
in the C-3 classification of the Zoning Ordinance . Comm. Whitehead
seconded and vote was unanimous in favor.
BELKNAP NOT PRESENT
Mr. Jim Kessinger did not appear as scheduled .
WATER BILLING RESOLUTION
After City Manager read the Water Billing Resolution , Comm. Whitehea
moved to adopt the resolution . Comm. Stinnett seconded and vote was
unanimous in favor .
WATER SYSTEM IMPROVEMENT PROJECT
City Engineer Walter Kuhrt presented Phase I of the Water System
Improvement Project . Comm. Lyle moved to approve Phase I of the
Water Improvement Project as presented and Comm. Whitehead seconded .
Vote was unanimous in favor.
DISCOUNT DEALS REQUESTS ZONING CHANGE
Mr. Ron Stucki , representing Discount Deals , 710 W. Colonial , Orlando,
requested a change of zoning from C-2 to C-3 for property fronting
on Silver Star Road and Lee Road, which he recently purchased from
Church of God of Prophecy . Comm. Lyle moved to deny zoning change .
Motion died for lack of a second . Comm. Whitehead moved to table the
question on rezoning until the next regular meeting. Comm. Lyle
seconded and vote was unanimous in favor.
PERMISSION TO SELL BEER AND WINE
Brian Jones, 3700 Curry Ford Road, Orlando , representing Fairway
Market, requested permission to sell beer and wine at their new locat_
(formerly known as Boogaarts) . Comm. Stinnett moved to grant
permission as requested. Comm. Lyle seconded and vote was unanimous
in favor.
BAND REQUESTS DONATION
Mathew King, representing West Orange High School Band, advised that
their band has been invited to represent the State of Florida in
• / y•
#81-3
RESOLUTION
A RESOLUTION ESTABLISHING RATES FOR WATER •
USAGE WITHIN THE CITY OF OCOEE, FLORIDA,
ESTABLISHING THE BILLING PERIODS, PROVIDING
FOR DISCONTINUANCE OF SERVICE UPON DELIN-
QUENCY OF PAYMENT, ESTABLISHING A CHARGE
FOR RECONNECTING SERVICE, PROVIDING PROCEDURE •
FOR ADJUSTING OR CORRECTING DISPUTED BILLS, •
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED by the City Commission of the City of
Ocoee, Florida, as follows:
SECTION 1 . Beginning April 1, 1981 , charges for water •
used by customers of the City of Ocoee water system shall be com-
puted on a quarterly rather than monthly basis and shall be billed •
every three months rather than monthly.
SECTION 2. Water usage rates for all customers, except
those who have qualified for the benefits of the "Over-65 Program'
of the City of Ocoee, shall be as follows:
(a) A minimum charge of 53.00 for the first 5,000
gallons, or portion thereof, used during each quarterly billing
period; and
(b) An additional charge of $.35 for each additional '
1,000 gallons, or portion thereof, used during each quarterly
billing period.
..N7SECTION J. For those customers of the City of Ocoee
water system who have qualified for the benefits of the "Over-65
Program" of the City of Ocoee, the water usage rates shall be as
(a) There shall be no charge for the first 45,000
`. gallons, or portion thereof, used during each quarterly billing •
period;
• (b) After 45,000 gallons, there shall be a charge of
$.35—for each 1,000 gallons or portion thereof, used during each j quarterlybilling period.
SECTION 4. Bills for each quarterly period shall be
rendered on or before the 10th day of July, October, January and
April of each year and shall be delinquent if not paid within 15
days from the date they are deposited in the United States mail .
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PAGE 2
#81-3
SECTION 5. In addition to such other remedies as the
City of Ocoee may have by law for collection of due and unpaid
water usage charges, the City of Ocoee may terminate service to
any customer who is delinquent in payment of a water bill.
rr; SECTION 6. There shall be a charge of $10.00 for
reconnecting service to any customer whose service was terminated
for failure to pay a delinquent water bill .
SECTION 7. Authority is hereby delegated to the City
Manager of the City of Ocoee to settle, compromise or correct any
• disputed or incorrect bill . Any customer dissatisfied with the
• decision of the City Manager regarding a disputed bill , may appeal
to the City Commission at its next regular meeting, and, in the
event of such an appeal, service shall not be terminated until a
decision has been rendered by the City Commission.
SECTION 8. Each water bill shall have the following
notice placed upon it:
"This bill is due within 15 days from the date
of mailing. If it is not paid within that time
you shall be subject to termination of service.
"If you dispute the correctness of this bill ,
contact or call the City Manager at number
656-2322 before it becomes delinquent to avoid
termination of service. "
SECTION 9. This resolution shall be effective immed-
iately upon passage. •
DONE AND RESOLVED by the City Commission of the City
of Ocoee at its regular meeting held March 1(7 , 1981 .
`
City lerk Mayo
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• 'C eb
' MINUTES COMMISSION MEETING 21 APRIL 81
PAGE 2
MAINTENANCE AGREEMENT WITH DOT TABLED
3. Commissioner Lyle moved to table discussion regarding agreement with
Li DOT concerning maintenance of traffic lights at SR438/Bluford and
SR437/438 . Commissioner Whitehead seconded and vote was unanimous
in favor.
BOARD OF ADJUSTMENT APPOINTMENTS
As their terms expire 1 May 81 , Commissioner Lyle moved to reappoint
Jack Marsden and Cliff Rhodes for another term on Board of Adjustment .
Commissioner Whitehead seconded and vote was unanimous in favor.
Commissioner Lyle moved to table until next meeting the filling of
the vacancy left by Nick Maxey 's resignation. Commissioner Whitehead
seconded and vote was unanimous in favor.
SEWER FRANCHISE-PRIMA VISTA UTILITIES
Attorney Wayne Rich , representing Priva Vista Utilities , presented an
agreement for sewer franchise to Commission . Commissioner Stinnett
moved to accept agreement. Commissioner Lyle seconded and vote was
unanimous in favor.
BUDGET AMENDMENT
Commissioner Hager moved to increase electric tax revenue by $21 , 000 . 00
and add $21 , 000 . 00 to Recreation Department for development of Ocoee
Community Park . Commissioner Whitehead seconded and vote was unanimous
in favor.
2ND QUARTER BUDGET REVIEW
L City Manager Vignetti reviewed the 2nd quarter budget .
EMPLOYEES ' SALARY INCREASE
Upon City Manager Vignetti 's recommendation , Commissioner Lyle moved
to increase City employees ' salaries 5% retroactive to April 4, 1981 .
Commissioner Whitehead seconded and vote was unanimous in favor.
ilADJUSTMENT IN OV 65 TAX REFUND POLICY4�`' (^` ; 17 J0� j
Commissioner Stinnett moved to amend the Over 65 Policy to req i e
a 5 year residency period in State of Florida before becoming eligible
for property tax refund . Commissioner Whitehead seconded and vote it
was unanimous in favor. ��
Commissioner Lyle requested that City Attorney Rhodes submit opinion
on impact fee at later date .
ADJOURNMENT
Upon a motion by Commissioner Whitehead and second by Commissioner Lyle
meeting adjourned at 10 : 37 P. M.
MAYOR
ATTEST:
))-4;- ^—
ERK
wI '
MINUTES OF THE REGULAR CITY COMMISSION MEETING OF CITY OF OCOEE HELD MAY 5, 1981
o
LCALL TO ORDER
Mayor Freeman called the regular meeting of the Ocoee City Commission to order at
7:30 P. M. in the commission chambers and led those present in the pledge of allegiance
to the flag.
Present were Commissioners Hager, Lyle, Stinnett, and Whitehead; City Manager Vignetti;
City Attorney Rhodes; and Clerk Grafton.
111 1 APRIL 81 MINUTES CORRECTED
Upon hearing the minutes of the regular meeting held 21 April 81, Commissioner Stinnet:
stated that, as regards his motion to amend the Over 65 Policy, the phrase "5 year
residency" refers to City of Ocoee rather than State of Flotida and the amendment
includes the whole Over 65 Policy and not just the tax refund portion. Commissioner
Whitehead moved to accept the minutes as corrected. Commissioner Lyle seconded and
'te was unanimous in favor.
ORDINANCE VACATING A PORTION OF CUMBERLAND TABLED
Upon a motion by Commissioner Lyle and second by Commissioner Whitehead, the public
hearing and second and final reading of the ordinance vacating and closing a portion
of Cumberland Street was tabled by unanimous vote until next meeting pending receipt
of a deed for alternate property from Hazel Griffith. '
APPOINTMENT TO BOARD OF ADJUSTMENT TABLED
Upon a motion by Commissioner Lyle and second by Commissioner Whitehead, commissioners
i'' voted unanimously to table filling the vacancy on the Board of Adjustment.
S
BOWNESS ROAD AGREEMENT TABLED
Upon a motion by Commissioner Whitehead and second by Commissioner Hager, commission
voted unanimously to table the discussion of the Bowness Road Agreement until next
regular meeting. Commissioner Whitehead moved to engage Hart Surveyors to survey
the Bowness Road site. Commissioner Stinnett seconded and vote was unanimous in favor.
LAKEVIEW VILLAGE SUBDIVISION
Mr. Charles Simmerson presented the plans of Lakeview Village Subdivision for re-
approval, as no action had keen taken since plans were originally approved by
commission last year. Commissioner Stinnett moved to approve the subdivision plans.
;
Commissioner Lyle seconded and vote was unanimous in favor.
SKATING RINK PLANS APPROVED
Mr. Dykegraff presented preliminary plans for SkateTown U.S.A. , which he intends to
construct on Maguire Road, to commission for approval. Commission Hager moved to
approve the preliminary plans as presented subject to city engineer's passing on
drainage, etc. Commissioner Whitehead seconded and vote was unanimous in favor.
IVY REQUEST TO VACATE PORTION OF WASHINGTON STREET _
Mary Lee Griffin Ivy, who owns both sides of a portion of Washington Street, requested
i the City vacate Washington Street from Bluford Avenue to Lakewood Avenue. City
Attorney Rhodes suggested the possibility of closing the road to traffic and retaining
f a 60' easement because of the existing water line. Commission requested Mrs. Ivy
• obtain a letter of concurrence from all property owners before they take any action.
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•
CITY OF OCOEE
OVER 65 ASSISTANCE PROGRAM
I�.
• 1 MAY 82
1. PURPOSE .
Recognizing the financial plight of many of the elderly
due to the ever rising costs of the basic essentials to live,
• the City of OCOEE proposes to do something constructive to
provide a measure of relief.
2. OBJECTIVE
To subsidize the following expenses of those citizens
of OCOEE who meet the eligibility criteria.
(a) City of OCOEE AD-VALOREM TAXES ti•KF�
(b) Monthly SANITATION FEES
(c) WATER FEES
-15,000 gal , monthly limit. - Amended 5 May 81
1
(d) BURIAL LOT for each eligible person on the "Over 65" •
rolls.
-Amended 7 June 77
Commercial, Industrial and Rental Property are not eligible
and are excluded.
3. ELIGIBILITY CRITERIA „.
(a) Every person who has legal or equitable title to
Real and Personal Property in the City of OCOEE and who has resided
thereon for a period of 5 continuous years, (Amended 5 May 81)
and in good faith makes It his or her permanent home is
eligible. •
If title is held by the husband alone he is eligible •
and vice-versa.
(b) The person must be a legal resident of the State of
Florida and the City .of OCOEE.
(c) Must be at •least 65 years or older, or 62 years or
older if receiving social security payments, on 1 January.
(d) Proof IJ'of AGE.
Birth Certificate, Homestead Exemption Certificate, Social
Security Recipients are deemed to have met this requirement
if 62 or older. ��
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•yr•
•
(e) De prepared to attest under oath that the information
furnished the City of OCOEE to establish eligibility is true
•and correct.
(f) To be eligible for a burial lot, a person must have met
the above criteria at time of death. A lot will be reserved for
husband or wife beside the deceased eli iblewc�+�
g person when burial
arrangements occur. When the surviving husband or wife dies, he
or she need not necessarily have met the above criteria to be
•
eligible for a "free" lot.
pis -
4. PLAN OF ACTION
• Due to the complexity of tax laws, tax collecting, assessments,
and the many ways people pay their taxes, it is recommended that
payment of taxes be paid to the County Tax Collector.
Following payment of taxes eligible persons will bring the
tax bill and proof of eligibility to the City Hall . Upon
verification of eligibility the City of OCOEE will refund only
those ad-valorem taxes that have been paid to the City of OCOEE.
This does not include School Board Tax, County Tax. The tax bill
sent to the tax payer by the County Tax Collector will reflect
the amount of tax paid to the City of OCOEE. That amount will
be refunded to all eligible persons.
(b) Monthly Sanitation Fees
Following verification of eligibility in City Hall those
eligible persons will no longer' be billed monthly and the service
will be provided free.
• (c) Water Fees
Following verification of eligibility in City Hall those
persons eligible will receive 15,000 gallons per month free.
Water usage over 15,000 gallons per month will be billed at the
current rates. - (Amended 5 May 81)
(d) Free Cemetery Lot
•
An announcement will be published in the newspaper during
the third week of March 1976 and a notice posted on the front of
City Hall, Fire Station, Police Station, and Shop for an indefinite
' t
period explaining the eligibility for receiving a free cemetery lot.
T
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5. TOTAL COST OF PROGRAMS
(a) Dud Co the many variables, cost factors will be most
difficult Co determine accurately at the offset of this program.
Estimated costs based on the best available and most accurate
information will be utilized. Following a year of operation and
as a result of the experience gained total cost factors may be • •
determined accurately.
(b) Based on the following assumptions chat there are
• presently 110 people eligible to receive the benefits, Sanitation
Fees $3.00 per month, Water Fees $4. 50 per month and City of OCOEE
Ad-valorem Taxes at $5.00 per $1 ,000.00 of Assessed Value.
Following is an estimated cost of the program:
Sanitation Fees - $36.00 yr. x 110 = $ 3,960.00
• Water Fees - $54.00 yr. x 110 = 5,940.00
10% Utility Tax = 594.00
Ad-Valorem Tax - 5% of total parcels 7,150.00
Value of (2) Lots 150.00
Estimated Total Cost = $17,794.00 (Revised)
1 6. FINANCIAL PROCEDURES
The total cost of the program will be borne by the City
of OCOEE and will be budgeted each fiscal year (1 October) .
Lost Tax Revenues as a result of return to eligibles
of city taxes will be predicted and expensed Co General Governement.
Lost Sanitation Revenues will be predicted and expensed to
General Government.
Lost Water Revenues will be predicted and expensed to Water
Operations and Maintenance.
Lost Cemetery Lot Revenuu will be predicted and expensed to
General Government.
7. IMPLEMENTATION TIME SCHEDULE
(a) Free Sanitation Service can be provided effective •
immudi.itely, l March 75.
(b) Ad-Valorem Taxes - 1 October 75
(c) Water Service - 1 April 75 •
• Verification will be made periodically to determine that
lost water revenues are not needed to meet financial requirements.
Permission from Bonding Authorities
(d) Free Cemetery Lot - 1 March 76. -
1 •
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Page 3
City Commission Regular Meeting
August 15 , 1989
FIRST READING OF ORDINANCES
-Second Reading Scheduled for September 5 , 1989
ORDINANCE NO. 89-22 : REVISION TO CEMETERY ORDINANCE
City Manager Shapiro read the title only of Ordinance No. 89-22
and explained that the Cemetery Advisory Committee has been
meeting for some time to formulate this ordinance . The Committee
respectfully recommends that they be authorized to disband.
Commissioner Johnson instructed staff to prepare letters of
appreciation to citizens who volunteered their time as committee
members , to staff members Marian Green and Buddy Elmore , to the
men who work at the cemetery and to Glenn Thomas who is making the
map. Commissioner Dabbs said to let the record show that he wants
to reserve four lots at the present prices . Commissioner Johnson
moved to disband the Cemetery Advisory Committee . Commissioner
Hager seconded and motion carried with unanimous vote in favor .
ORDINANCE NO. 89-23 : RELATING TO OCCUPATIONAL LICENSE REQUIREMENTS
FOR AGENTS , PEDDLERS , CANVASSERS , SOLICITORS AND OPEN AIR VENDORS;
ALSO RELATING TO HOME OCCUPATIONAL LICENSE REQUIREMENTS
City Manager Shapiro read the title only of Ordinance No . 89-23
`-' and explained that this amendment corrects a typo in the original
ordinance which put these license applications before the
Commission for action and puts them back in the clerk ' s office .
BID OPENING - SURPLUS LANDS
On July 31 , bid openings were scheduled for 3 parcels of surplus
property. The parcels and the bids received were as follows :
1) Approximately 4 acres in West Orange Industrial Park:
$60 , 000 - Bleu Investment Co.
2) 26 , 136 sq. ft . triangular shaped industrial tract located on
Maguire Road:
$20 , 000 . 00 - Ulay Thompson, Jr .
$15 , 110 . 00 - Cypress Creek Nursery, Inc .
3) 24 , 300 sq. ft. parcel located on Kissimmee Avenue (old Street
Department site)
$21 , 105 .00 - Allen and Pat Bond
$25, 111 . 00 - Certi-Fine Co .
In response to Commissioner Dabbs ' question as to where the money
will go, City Manager Shapiro advised that the funds will offset
expenses the City had mid-year . Commissioner Dabbs moved to adopt
staff recommendation, i . e . : to deny the bid on Parcel #1 , as it is
lower than the appraised value , and enter into a lease agreement
with Bleu Investment for 6 months at $1 , 000 per month; to accept
the high bid from Ulay Thompson, Jr. for Parcel #2 ; to accept the
high bid from Certi-Fine Co . for Parcel #3 . Commissioner Combs
seconded and motion carried with unanimous vote in favor . City
Attorney Rosenthal advised that by rejecting the bid for Parcel #1
and accepting the other 2 bids Commission action complies with the
Charter as the Charter requires a public hearing in real estate
matters equalling $100 , 000 .
•
ORDINANCE NO. 89-22
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
• RELATING TO CEMETERIES; AMENDING THE PRESENT
CHAPTER 7 OF THE CODE OF ORDINANCES; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA:
SECTION 1. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the
Constitution of the State of Florida and Chapter 166, Florida
i` Statutes.
SECTION 2. The present Chapter 7 of the Code of Ordinances
is hereby amended to read as follows: .
Sec. 7-1 Management to be by Commission.
The commission, through the city manager, shall manage, operate
and maintain the municipal cemetery subject to any limitations and •
restrictions set forth herein or contained in applicable law and
subject to any future regulations which the commission may impose.
Sec. 7-2. Power to establish rules and regulations.
The commission shall establish rules and regulations for the
use of the cemetery relating to:
(1) Subdividing the cemetery into lots;
(2) Capacity of each lot;
(3) Location of graves;
(4) Type of plantings, memorials and markers that will be
permitted for the proper and most attractive development of
the cemetery;
(5) The purchase price of said lots;
(6) The maintaining of the cemetery and all matters relating to
its upkeep;
(7) The conduct and regulations concerning persons on said
cemetery premises for any purpose whatsoever.
Sec. 7-3. Superintendent-Appointment; removal
The city manager shall appoint a superintendent of the •
municipal cemetery. The superintendent shall be subject to
removal at any time by the city manager. The city manager may
choose to act as the superintendent of the cemetery and not
appoint a second individual.
Sec. 7-4. Same-Duties.
(a) Direct cemetery. The superintendent shall look after and
take proper care of the cemetery and see that no lot therein is
used or occupied in violation of this chapter or of any rule or
regulation promulgated by the commission.
(b) Supervise interment. The superintendent shall see that all
graves are properly dug and that the dead are properly interred
therein in accordance with these rules and regulations.
• (c) Maintain order. The superintendent shall see that order is
" . maintained at all times on the cemetery grounds, that all workmen •
are properly supervised and that any persons who violate any of
the rules and regulations of the chapter or any other rules or
regulations of the City shall be expelled immediately from the
cemetery premises.
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Sec. 7-i. Rules for interment.
Burial within the municipal cemetery shall require twenty-four
hours notice. No deceased person shall be interred in the
cemetery until the superintendent has found:
(1) That the dead person or someone on his behalf has obtained
from the City a deed to the plot in which the dead person is
sought to be interred;
(2) That the lot in which burial is to be made has been fully
paid for;
(3) That the person arranging for such burial has the right. to
the use of such lot;
(4) That the capacity of any single lot in the cemetery is one
person.
(5) That proper record is made of the name and age of the
deceased person and of the exact location of the grave.
Sec. 7-6. Lot valuation and transfer.
(a) Commission to set value. The commission shall place a value
upon all unsold lots in the cemetery, and shall record such
valuations on an official map or plan of such cemetery that shall
be kept on file, open to public inspection, in the office of the
city clerk. A review of said valuation shall be done by the •
commission at least every two (2) years. Any changes in valuation
shall be established by ordinance or resolution.
(1) Current valuation. On July 19, 1988 city commission set •
the valuation of the to s at $200.00 for city residents and
$500.00 for non-residents. Upon adoption of this ordinance no free
lots will be provided to any citizen, whatsoever
(b) Method of purchase. Any person desiring to purchase a
particular lot or lots, for the purpose for which it is intended,
shall be permitted to do so upon payment of the prices fixed for
such lot. All lots shall be sold subject to the rules and
regulations now in force or which may hereafter be adopted by the
commission and such lots shall be used for no other purposes than
the burial of the human dead. Any regulations contained in this
chapter, and any future regulations, may be made a part of every
deed or conveyance of any cemetery lot and same shall constitute
notice to the holder of said deed of all the restrictions
contained in this chapter or any future regulations of the
commission.
(c)From whom purchased. All cemetery lots shall be purchased
from the City through the city clerk and said clerk and mayor
shall sign any conveyance of any cemetery lots and affix the seal
of the City to said conveyance.
Sec. 7-7. Ownership-Title.
Title to a cemetery lot shall be evidenced by a cemetery deed from
the City. The Grantee under such cemetery deed shall be deemed to
be the "lot owner", unless otherwise indicated by the records of
the City. The "ownership" interest in a cemetery lot constitutes • •
an easement and right to use a lot designated in the cemetery deed
for cemetery purposes only together with the right and privilege
of burial and interment for the lot owner; provided, however, that
such use shall be subject to the provisions of Chapter 7 of the
Code of Ordinances of the City of Ocoee and any and all
ordinances, resolutions, and regulations currently in effect and
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which may from time to time be adopted by the City of Ocoee with
respect to cemetery lots. To the extent permitted by law, all
lots are exempt from taxation and cannot be seized for debts nor
can they be mortgaged. The title to a cemetery lot vests in the
owner the right to use said lot for burial purposes only for
themselves, their heirs or for any such person they may choose to
designate; provided, however, that in the event a person other
than the lot owner is designated to be buried in the cemetery lot,
the lot owner shall not receive any payment or other compensation
in connection with the designation of the cemetery lot for the use
of such other person. Designation in writing from a lot owner
must accompany all requests for permits to bury persons not
members of the immediate family of the lot owner and such
designation shall comply with all ordinances, resolutions and
regulations of the City with respect to the cemetery and cemetery
lots.
Sec. 7-8. Same-Records.
The commission shall cause the city manager to keep full and
complete records of the ownership of all lots in the cemetery, of
the burial capacity of each lot, sold and unsold, of the location
of each grave, of the names of the persons buried in each grave
that has been or shall hereafter be used, and of the date of
burial of each.
Sec. 7-9. Accounts and Perpetual Maintenance Fund.
(a) The city manager shall keep full and detailed accounts of
the receipts and expenditures on account of the cemetery.
Payment for all lots must have been completed before interment of
the dead. All monies from the sale of lots, services and
functions in connection with this cemetery shall be paid to the
city clerk pursuant to this regulation.
(b) In an effort to guarantee the perpetual maintenance of
this cemetery, the city commission hereby establishes a perpetual
care fund. As of fiscal year 1990 and until such time as
sufficient funds have been set aside in a bank fund, all revenues
received by the City for the cemetery shall be deposited in that
said named fund to guarantee that the yearly interest gained by
said fund shall be sufficient to maintain the cemetery in
perpetuity.
Sec. 7-10. Reports.
The city manager shall make an annual report on the condition
of the cemetery to the commission providing the commission with
all information necessary so that it may better formulate a budget
appropriate for the upkeep of the cemetery grounds.
Sec. 7-11. General Rules.
(a) The cemetery will be open to visitors at all times between
the hours of sunrise and sunset.- Permission to enter the cemetery
at any other time must be obtained from the superintendent and/or
the city manager.
(b) No person shall break or injure any tree or other plant,
pick any flowers or mar any landmark, marker, or memorial, or in
any way deface the grounds of the cemetery.
(c) No boxes, shells, toys, discarded glassware, sprinkling
cans, receptacles or similar articles will be permitted on any
grave, lot or tree.
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(d) ;Persons within the cemetery grounds shall use only tha •
established avenues, walkways and roads, and are forbidden to
trespass on cemetery lots.
(e) Children under sixteen (16) years of age shall not be
permitted within the cemetery or its buildings, unless accompanied
by an adult.
(f) No person may discharge a firearm in or adjacent to the •
cemetery. This prohibition shall not apply to authorized volleva
at military or para-military burial services.
(g) No person may use any form of advertisement on cemetery •
grounds.
(h) No person may consume refreshments or liquors within the
cemetery or carry same into the premises.
(i) No person shall throw rubbish or debris on walks, drives or
any part of cemetery grounds.
(j) Unauthorized persons shall not loaf, lounge, or otherwise
use any of the grounds, graves or memorials in the cemetery, or in
any of the buildings thereon.
• (k) No loud talking shall be permitted on the cemetery grounds
within hearing distance of funeral services.
(1) Any person found on the grounds after dark will be
considered a trespasser.
(m) All orders, inquiries and complaints by visitors or owners
should be reported to the superintendent or the city manager.
(n) Flowers and other symbols of tribute may be temporarily
placed upon graves. The receptacles for these flowers must,
however, be a flush mounting device as a part of the memorial or
r-- disposable. Symbols of tribute may include fresh or artificial
flowers, wreaths, potted plants, or baskets. Except for the
funeral period, arrangements should be placed on the
memorial/grave area only. The area surrounding graves should
remain clear for maintenance. Arrangements that become wiltec'J,
faded, or unsightly, will be removed by city employees.
Sec. 7-12. Memorials.
(a) The superintendent or the city manager may designate
sections of the cemetery where the design of memorials shall be
limited to flat markers which shall not protrude more than two (2)
inches above the ground. No posts, chains, fences, slabs, rocks, •
gravel or other materials may border or cover graves.
•
(b) Any violation of these rules shall result in the city
manager notifying the owner of the property, by certified mail or •
hand-carried notice with proof of service, requesting the marker
or other materials to be adjusted, replaced or removed to comply
with these regulations. After thirty (30) days to correct the
violation with no response, the city manager shall cause the
marker or other materials to be removed, and brought into
compliance.
(c) Memorials in all sections of the cemetery other than those
designated by the city manager or superintendent pursuant to
subsection (a) above may be markers, stones or monuments.
(d) Memorials with detachable/flush mounting vases are
perfectly acceptable for use in the cemetery.
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•
(e) the superintendent shall only prohibit individualistic
designs in memorials when it would be offensive to other owners or
tend to degrade the appearance of the cemetery.
(f) This section will not be interpreted to be retroactive. It
does not affect those monuments already in place.
•Sec. 7-13. Permit required.
A permit must be obtained and a fee paid before placing a
memorial in the cemetery. Placement of the memorial shall be done
• under the supervision of a city employee.
SECTION 3. If any section, subsection, sentence, clause,
phrase, or portion of this ordinance is for any reason held
� invalid or unconstitutional by any court of competent •
jurisdiction, such portion shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the
validity of the remaining portion hereto.
SECTION 4. This ordinance shall take effect immediately
upon its final passage and adoption.
APPROVED: •
CITY OF OCOEE, FLORIDA " -
A EST: •
•
J N GRA TON, ity Clerk THOMAS R. ISON, Mayor ; .
Advertised August 24 , 1989
Read First TimeAuqust 15 , 1989
Read Second Time and Adopted
September 5 , 1989
FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY
BY THE CITY OF OCOEE, COMMISSION AT A MEETING
APPROVED AS TO F9RM AND HELD ON + r
P+- 4&4. ,1989
LEGAL Y, th .s ' day UNDER AGENDA ITEM NO.7r ht
ofhv ,1989.
FOLEY & LARDNER, VAN DEN BERG,
GAY�(a,Jnn!! yURKE, ILSO & RKIN
B y: `
City Attorney
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al a 7 is
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MINUTES OF THE CITY OF OCOEE CITY COMMISSION BUDGET WORKSHO`'
AUGUST 16 , 1989
Mayor Pro Tem Dabbs called the budget workshop to order
p.m. in the city hall conference room and then asked City
Shapiro to begin his briefing.
PRESENT: Mayor Ison (arrived at 7 : 45 p.m. ) ,Mayor Pro Tem Dabbs ,
Commissioners Combs , Hager and Johnson, City Manager Shapiro, City
Engineer Shira, Finance Director Poston, City Clerk Grafton
ABSENT: None
City Manager Shapiro began by presenting the organizational
as it is now, and as he intends for it to be , explaining that
there have been a few changes made since he arrived. City Manager
Shapiro proposes :
Adding 6 positions which will be funded by general
government (3 fire and 3 police) and another position funded by
building department monies ;
Moving Teresa Braddy to the building department where she
will also assist the code enforcement officer; keeping the plans
examiner until January 1 when the computer system is in; adding 1
building inspector;
Keeping staff in the planning department the same;
Making the public works director responsible for the men
who were supervisors and who are now foremen; (assistant
supervisor positions no longer exist) ;
Retaining the garage but reducing that department by 1
position as his research indicates that sending the work out wou_td
not be a saving;
Reducing 1 lieutenant ' s position (to sergeant ' s position)
in the police department in order to add a street person, and
doing away with the chief dispatcher position;
Changing Barbara Spainhoward' s title to administrative
secretary;
Leaving the buyer in the finance department ; giving Tera_
Batts the title of finance supervisor (over the two billing
clerks) ;
Making Robert Holland utilities superintendent , John
Cockrell supervisor over plants and Jackie Bell collection-
distribution supervisor , with a goal of all utilities employees
qualified in both water and wastewater fields ;
Mowing will be done by parks , parkways , trees and drainage
department except for waste water and city hall right now;
Leaving grounds keeper with recreation department for the
facilities and ball fields .
• Xt.
Page 2
Ocoee City Commission Budget Workshop
August 16 , 1989
In addition to these proposals , City Manager Shapiro said that
there will be no police vehicles taken home by employees who live
outside the city limits of Ocoee and the number of public works
and utility vehicles taken home will be limited to direct
emergency needs only.
This budget is based on 900 units being built this year - not
including Clark Road. A 5 year projection indicates an increase of
12, 000 to 13 , 000 additional citizens . In order to serve the needs
for the increased population, City Manager Shapiro proposes an
additional 22 firemen, including 1 fire suppression captain and
possibly a full time chief by the time a third fire station is in
use . At this point in his presentation a discussion regarding the
need for both a full time fire chief and full time recreation
director ensued. City Manager Shapiro indicated that in order to
wait for Mr. Beech to be available full time he would prefer to
hire a daytime recreation supervisor but at a later date rather
than now. Mayor Ison felt that there is definitely a need to have
a daytime program, that it will support itself , and he should
begin sooner but agreed that next year at the appropriate time for
activities to begin would do . Returning to the fire department
needs , City Manager Shapiro stressed the importance of a strong
fire inspection program in order to keep fires from happening. He
said also that ordinances for both sprinkler systems and fire
impact fees would be forthcoming soon. He also will provide the
figures for the cost of a full time fire chief for Commission
before the next meeting.
Regarding utilities , City Manager Shapiro said that it will be
necessary to add several people in order to comply with the laws
as the city grows . He also stated that we are trying the use of
master meters in multi-unit dwellings in order to cut down on
meter reading time. Mayor Ison suggested that automated meter
reading facilities be considered in new growth areas , and also a
tarriff on master meters . City Manager Shapiro stated that the
use of outside engineering firms for review can be reduced and he
is suggesting hiring another engineer for inspections sometime
during the 5 year program. This position will be part of the bond
issue . Mr. Shapiro is also considering a drainage utility, but
whether it will be positioned under the direction of the public
works or engineering has not yet been determined. There was some
discussion regarding cablevision inspection.
The recreation department will increase by 11 people to support
the added daytime recreation and an additional 6 fields .
Page 3
Ocoee City Commission Budget Workshop
August 16 , 1989
The police department will increase by 29 people in order to care
for traffic needs , school liaison officers , dispatching, etc .
There may eventually be a director of administration over
everybody in city hall and the buying clerk position will bcscorn
the purchasing agent who has complete control over all buying.
The personnel department should be 3 people by then and the city
clerk should have a deputy and 2 stenographers in order to take
the minutes of all meetings .
The city manager office would not change other than to add a
secretary and an assistant.
The finance director will need an accountant, 1 more billing clr k
and 2 accounting clerks . Data processing will be divorced from
the finance department and will consist of a data processing
manager, a programmer, and 3 computer operators , and the
department will run 24 hours a day.
In the planning and zoning department a senior planner should be
retained in order to deal with the comprehensive plan
issues , and a zoning administrator will be needed to deal with the
more complicated issues that will naturally follow the growth.
In the building department 6 inspectors will be needed, and a
plans examiner as well .
Over all the payroll would go from 128 to 266 employees with each
department increased in size.
There are three major projects moving earth now, and there will be
another three ready the first of the year.
In going through the budget workbook, City Manager Shapiro pointed
out that there are four increments of high cost: 1) 1/2 of igE'"
the proposed 1 mill increase will go toward the over 65
program
due to the change that has been made to take those funds from
general government rather than utilities ; 2) the need for a good
personnel policy and good job descriptions in order to reduce
turnover; 3) the $5 , 000 cost per person for health insurance , (one
of the steps he proposes to take to reduce the rates is to require
pre-employment physicals , and another step is to require physicals
for police/fire employees every other year, and Mayor Ison
suggested that all employees of over 10 years have physicals each
year) ; and 4) the need for a better data retrieval system.
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Page 4
Ocoee City Commission Budget Workshop
August 16 , 1989
City Manager Shapiro noted that on page A-3 of the budget
workbook, he has proposed the following revenue/expenditure
figures : General Fund-$4 , 436 , 200 ; Water Fund-$2 , 493 , 650;
Sanitation Fund-$688 , 800; Wastewater Fund-$7 , 485 , 650 , which
includes approximately $7 , 000 , 000 in capitol improvements for the
water/wastewater departments .
Commissioner Combs asked about the legal figure compared to 1986-
1988 . City Manager Shapiro responded that there were heavy duty
lawsuits in the past that caused those figures to be so high and
that our representatives with Foley & Lardner are settling in and
are good attorneys.
Mayor Ison compared the figures on page B-1 with figures he had
received from Florida League of Cities and City Manager Shapiro
advised that he had used 95% of their figures in all cases as he
knew their figures to be in error. Mayor Ison noted that Lake
Apopka Natural Gas has indicated that they wish to come into the
City of Ocoee and asked that they be contacted.
There were questions regarding the increased figures to $4 , 500 for
concession stands and $6 , 000 program activity fees . City Manager
Shapiro said that he would ask Recreation Director Beech for the
basis of the increase and report back to Commission.
City Manager Shapiro pointed out that on page B-5 the proposed
General Government expenditures total $4 , 436 , 200 . Mayor Ison said
he wanted to be sure that he is not on the City insurance as he is
covered by Southern Bell. City Manager Shapiro said that he will
present a career incentive program for schooling (not job
training) using a committee made up of the city manager, one
employee , and one commissioner to review the applications for
schooling reimbursement. The scale to be used for reimbursement
will be 100% for an A, 75% or 80% for a B , 50% for a C, and for a
grade of D or below there will be no reimbursement . Mayor Ison
pointed out that there should also be a provision that the
employee remain with the City for two years after incurring the
expense.
In reviewing the expenditure summary list on page B-6 , City
Manager Shapiro pointed out that the Cemetery Committee had
strongly recommended that, as the original Over 65 Program had not
included free cemetery lots , that provision should be removed from
the Over 65 benefits . The recommendation was to have everybody pay
the same amount for cemetery lots so that some day the cemetery
can be maintained in perpetuity. A lengthy discussion ensued
_3 I .
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Page 5
Ocoee City Commission Budget Workshop
August 16 , 1989
regarding the Over 65 Program and consensus was that th
definite problem with continuing the program as it is . Phasing
the program was considered, discontinuing it January . 1953 ,A.-
grandfathering in those who moved here in 1984 and no others .
Mayor Ison pointed out that originally the program was set up to
be simply lost revenue to the water and sanitation funds , but
with the cost moved to the general fund, it becomes a taxpzyer
burden. Mayor Ison said that some of the logic used in beginning
the program was that senior citizens generally do not generate as
much garbage/trash as a household with younger, more active
residents and the cost to the City would be less than the monthly
charge for sanitation service . Also that those benefiting from the
program would be having more money in the Ocoee bank to be lent tf,
Ocoee citizens , thereby helping the economy of the City.
Commissioner Dabbs asked that the record show that he is ameneMe
to having the program shut down . Mayor Ison said that he feels
that the City has a contract with those people who are on the
program and with those who are already here expecting to qualify,
and so the program should phase out with that consideratiou.
Mayor Ison asked that the growth rate of the Over 65 Program be
provided. A question was raised about whether a space was
' reserved next to a dead spouse for those who had already been
provided with a cemetery lot under the Over 65 Program. (Later
research showed that the deeds have already been issued for the
surviving spouse) .
Returning to the budget , City Manager Shapiro requested that he be
authorized to have the attorney present at each Commission
meeting, as the meetings are now shorter. He also reported that he
had reviewed the attorney fees and determined one of the ways to
reduce the fees would be by requiring that only one copy of a
document be sent to us that we copy and distribute , as they were
charging a high rate per page . Also he had convinced them to
reduce the very high rate they were charging for faxing documents
to us .
City Manager Shapiro pointed out that after the Comprehensive Plan
is finished there may not be a need for a third planner (in the
next budget year) .
City Manager Shapiro advised that he is introducing a new policy
regarding cars by providing private car allowances of $400 per
month, with co-insurance, for those who have previously been
provided company cars . The exception to this will be detectives
who will have City-provided insurance coverage because of the fact
that they have to transport people who are not willing to be
transported.
43 .4.) •
Page 6
Ocoee City Commission Budget Workshop
August 16, 1989
City Manager Shapiro noted that, on page B-22 , the contingency
fund could change and that he would prefer that it be closer to
$200 , 000 . Mayor Ison noted that the Tri-County Transit Service may
be a part of the tax equalization issue; and, if so, we should
make a point of interceding at the county level , as we definitely
need bus service and they have been unresponsive . We should either
have bus service or lower tax from the county.
City Manager Shapiro said that the Public Works Director is no
longer only in charge of Bowness Road, but rather all of public
works and needs a clerk-typist and a two-way radio. This is listed
on page B-23 of the budget. He mentioned also the possibility of
instituting the use of time clocks , as the Federal Government will
not reimburse for disaster if time clocks are not used. (Currently
the Dispatcher is on a time clock, and that will suffice for now) .
The city clerk will be a separate department for purposes of
budget next fiscal year.
The maintenance department will be beefed up for next year. Mayor
Ison said that the Withers-Maguire House will be functional and
may be available for public use soon. City Manager Shapiro said
that there is a legal problem of liability if the building is not
up to code. Mayor Ison said that there may be someone approaching
us to purchase the building and we should be ready with a
response.
There was discussion regarding City Manager Shapiro ' s salary and
it was determined that sessions for evaluation and considering a
contract would be held in September.
Page B-29 : The police department will be beefed up by one
patrolman each shift and putting the lieutenant back to sergeant
will put four men on the road. A new K-9 dog has been bought by
the handling officer as the old dog has cancer. The vehicles
purchased will be bid out first with State contract figures to
fall back on if needed.
RECESS FROM 10 : 22 P.M. TO 10 : 35 P.M.
Page B-30 : Detective cars will go to the fleet and clunkers will
be disposed of . City departments will pay for their own water and
trash service now.
Page B-35 , 36 : There were no major changes in the fire department
budget .
. 31 .
Page 7
Ocoee City Commission Budget Workshop
August 16 , 1989
Page B-37 : Building department major issue was the ccs —
software which will track charges to developers from impact fees
through the final inspection. Also budgeted are a PC and printer,
several vehicles including a truck , new building inspector, code
enforcement officer, and the building clerk who was transferred
from the finance department.
Page B-40 : Cemetery fund calls for 1/2 person to maintain. An
ordinance is forthcoming revising the cemetery policy and it will
include a statement regarding no more free lots .
Page B-43 : The name of the street department has been changed to
Parks/Parkways/Trees/Drainage . The engineering expense was reduced.
by $0 , 000 because we now have our own engineer. Mayor Ison wants
to audit the street lights in the City. Florida Power Corpoy .tion
charges for installation and the lights are on a rotation basis
and are out a lot . City Manager Shapiro said that he will ) ook
into 1) the developer ' s agreements and what they are supposed to
do , and 2) what the installation charges are for lights .
Mayor Ison asked about Clark Road and the budget beginning
October 1 , 1989 . City Manager Shapiro advised that if we do Clark
Road and refinance Bowness Road there will be no payment
whatsoever in that budget year. There is $414 , 000 in the Bowness
Road budget not budgeted for anything else . The refinancing of
Bowness Road happens immediately upon bond issue. The right-of-way
acquisition for Clark Road and the engineering will both occur in
the first year. City Manager Shapiro said that he will go to the
developers and ask for letters of credit so that he can show that
he has Clark Road refinancing one and one-half times . Even if he
never does Clark Road refinancing Bowness Road will net a better
deal for the City. If Clark Road is not built , nothing will be
drawn from the fund. Mayor Ison asked if Bryan and Olive wen
informed of this approach and City Manager Shapiro reported that
Mr. Olive had advised that if you are actually going to do the
refinancing the $414 , 000 should be applied toward the defeasment,
if not, then the $414 , 000 should be left for a payment, because
there is a tax benefit that way.
Page B-47 : Shop-manpower reduced by one .
Page B-50 : Recreation-one person was transferred to parks
department. Commissioner Johnson noted that Director Beech should
be given mileage . Consensus was that he should be given $1 , 500
instead of mileage and reduce the contingency fund by that much.
.341 .
Page 8
Ocoee City Commission Budget Workshop
August 16 , 1989
Page C-2 : Water- the cost of items is shared with wastewater. City
Manager Shapiro recommends raising the water deposit to cover the
increased water rates , and also to begin keeping the deposits and
pay interest if necessary. Mayor Ison suggested that we begin
trading information with other cities in this area regarding
utility customers who skip. Mayor Ison asked Finance Director
Poston if our depository will remain the same and about the
interest rate. Consensus was to research for higher return,
considering not just the interest rate but also fees waived, etc.
Mayor Ison requested that the old water pipes be put on a
replacement program. He also asked for the total number of
water/sewer customers as the figures he sees on reports and the
rooftops he counts do not jibe . A lengthy discussion regarding
water rates ensued.
Page D-4 : Sanitation- sanitary land fill expense went down because
of recycling and the program of separating grass from the
household garbage.
Mayor Ison asked that the Lake County proposed land fill site be
f placed on the August 22 agenda as the acquifer flows in our
direction and a proclamation is in order.
The next meetings are scheduled for Saturday at 4 : 30 p.m. , and
Sunday at 3 : 00 p.m. . Budget workshops are already advertised for
three nights next week if meetings are needed.
ADJOURNMENT
The meeting adjourned at 11 : 31 p.m.
Attest:
Jean Grafton, City Clerk Lester Dabbs , Jr. , Mayor
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WELCOME
TO THE
OVER 65 PROGRAM COMMITTEE PUBLIC HEARING
APRIL 9, 1990
This Committee was appointed by the Ocoee Board of
Commissioners in regular session on February 20, 1990 and chs:.:;
with the responsibility to review, evaluate and analyze the Over
65 Program with a goal of providing recommendations to the
Commission regarding any needed changes or adjustments to the
method of administration, the benefits received by those enrolled,
and the duration of the program.
For your information and so that you may actively participate in
the hearing the following facts are provided:
In order to qualify for the benefits of the Program an applicant
must have lived in Ocoee for five (5) years, must be the owner of
and occupying his/her home, must be at least 62 years old and
drawing social security. The proof of residence, ownership, age,
and social security benefits must be supplied by the applicant at
the time application is made at City Hall.
To those who qualify, the Over 65 Program provides the following
monthly benefits free: 1) the first 15,000 gallons of water and
2) garbage/trash service. Also, city property taxes are refunded
after payment is made to the County.
The following history of the Over 65 Program was provided for the
Committee, along with copies of minutes of the Commission meetings
authorizing the actions:
1) The concept was first formally introduced to Commission on
January 21, 1975, and was adopted by Commission on
February 4, 1975.
2) Free sanitation services were started March 1, 1975.
3) City Manager Vignetti reported on March 4, 1975 that a letter
of approval from the bonding company had been received.
4) Free water services were started April 1, 1975.
5) Ad valorem tax refunds were started effective January 1, 1976.
6) Free cemetery lots were proposed February 3, 1976, and
adopted February 17, 1976.
7) Ad valorem tax refunds were limited to current year (none to
be paid for previous years if overlooked) on June 7, 1977.
8) Monthly limit of 15,000 gallons free water was established on
March 17, 1981.
9) 5 year residency requirement was established April 21, 1981.
10) Budget proposal to change the funding mechanism from
"utilities lost revenue" to "general fund supported" was
introduced in Budget Hearing August 16, 1989, and adopted
when the budget was adopted with Resolution No. 89-13 on
September 26, 1989, and effective October 1, 1989.
11) Proposal to discontinue free cemetery lots was introduced in
Budget Hearing August 16, 1989, and adopted in Ordinance No-
89-22 on September 5, 1989.
12) Determination that Over 65 Program should be evaluated was
made in September to be approached after the beginning of
the fiscal year.
The Committee has met on several occasions and determined that,
whether stopping the Program in favor of providing other services,
or continuing with modifications, some limitations could be
incorporated that would cause the Program to be more cost
effective and still not work a hardship on those already on the
Program. The money so saved could be put toward a more
comprehensive aid program. The Committee proposes:
RESIDENCY REQUIREMENT: Change from 5 years to 10 years
WATER: Change maximum provided free from 15,000 gallons to 7,500
AD VALOREM TAX: Limit refund to $50.00 regardless of amount paid
PERMIT APPLICATIONS DURING THE MONTH OF APRIL ONLY: This would aid
in budget planning and cut down on clerk time involved in the
process.
• 414) •
"CENTER OF GOOD LIVING- PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
• O`' OCOee LESTER DABBS,JR.
,, �� # COMMISSIONERS
° CITY OF OCOEE RUSTYJO[INSON
150 N.LAKLSFIORE DRIVE PAUL W. FOSTER
O OCOEE FLORIDA 34761
(407)656-2322 VERN COMBS
(4_3
SAM WOODSON
es,
G000 � CITY MANAGER
ELLIS SHAPIRO
OVER 65 PROGRAM COMMITTEE
ORGANIZATIONAL MEETING
MARCH 13, 1990
I . CALL TO ORDER 7 : 00 p.m.
and charge to committee members regarding their function,
duties , and goals - CITY MANAGER SHAPIRO
II . ROLL CALL AND DETERMINATION OF A QUORUM
III . NOMINATIONS FOR CHAIRMAN
IV. DISCUSSION
Though not directing this discussion, City Manager Shapiro,
Finance Director Poston and Assistant City Attorney Lower
will advise regarding legality and feasibility of issues as
presented.
r-
�. V. ESTABLISH NEXT MEETING DATE
VI . ADJOURNMENT
• ill
MINUTES OF THE OVER 65 PROGRAM COMMITTEE MEETING HELD
MARCH 13, 1990
Present: Appointed Members: Dorothy Dinkel , Hilda Ems , Owen Ems ,
Mary Ellen Frame, William Gray, Barclay Hamilton, Bea Meeks,
Dottie Minnick, Melvin Shaner, Bill Stinnett. Present in an
advisory capacity: City Manager Shapiro, City Finance Director
Poston, Assistant City Attorney Lower, and City Clerk Grafton.
Absent: Walt Cobb
The organizational meeting of the Over 65 Program Committee was
called to order by City Manager Shapiro at 7 :06 p.m. in the City
Hall conference room. In advising the Committee the details of the
task before them, City Manager Shapiro pointed out that there is a
continual problem, looking at the growth rate, in preparing the
infrastructure to continue the programs already established. Mr.
Shapiro pointed out that, although the present Commission has no
desire to necessarily renege on the prior Commission' s promises,
some examination of the program should be made. At budget time and
mid year it was determined that some closer scrutiny of the Over
65 Program was in order and it was for this reason this committee
was appointed: to examine what was, is , and should be the Over 65
Program. The background material provided for the Committee ' s
study included the minutes of various City Commission meetings
showing that:
1) The concept was first formally introduced to Commission on
January 21, 1975, and was adopted by Commission on
February 4, 1975,
2) Free sanitation services were started March 1 , 1975,
3) City Manager Vignetti reported on March 4, 1975 that a letter
of approval from the bonding company had been received,
4) Free water services were started April 1, 1975,
5) Ad valorem tax refunds were started effective January 1 , 1976 ,
6) Free cemetery lots were proposed February 3 , 1976 , and
adopted February 17 , 1976 ,
7) Ad valorem tax refunds were limited to current year (none to
be paid for previous years if overlooked) on June 7 , 1977 ,
8) Monthly limit of 15, 000 gallons free water was established on
March 17 , 1981,
9) 5 year residency requirement was established April 21 , 1981,
10) Budget proposal to change the funding mechanism from
"utilities lost revenue" to "general fund supported" was
introduced in Budget Hearing August 16 , 1989, and adopted
when the budget was adopted with Resolution No. 89-13 on
September 26 , 1989, and effective October 1, 1989,
11) Proposal to discontinue free cemetery lots was introduced in
Budget Hearing August 16 , 1989 , and adopted in Ordinance No.
89-22 on September 5, 1989 ,
12) Determination that Over 65 Program should be evaluated was
made in September to be approached after the beginning of
the fiscal year.
• 4112 •
Page 2
Over 65 Program Committee Meeting
March 13, 1990
Mrs. Bea Meeks asked that the current benefits be clarified. It
was explained that those citizens who have lived in the City of
Ocoee for 5 years, own their own homes, are 62 years of age and
drawing Social Security, receive the first 15, 000 gallons of water
provided free, (including the 10% tax on that amount) , and any
gallons used over that amount are billed at $. 46 per thousand,
(including the 10% tax on that amount) , the garbage pick up is
free, and the city portion of the property taxes are refunded upon
presentation of the receipt showing that those taxes have been
paid.
Mr. Bill Stinnett gave the background of the program, noting that
he had been the originator of the idea. Mr. Stinnett said that he
was an electrician and working on a range in a lady' s home on Mac
Street when she and several other ladies were discussing a $6.00
monthly increase that was about to take place in Social Security
benefits at that time. That small amount seemed to mean a great
deal to the ladies and he knew that the monthly water/garbage bill
was just about that amount. He felt that if that small amount
meant that much to those who were living on Social Security, then
it would be appropriate for the City Commission to initiate a
program that would benefit senior citizens , especially those who
had held the City together through 10 mills taxation with no City
services . In putting the program together, Mr. Stinnett said that
he was aware that there would be people on the program who could
afford to pay for their own services , but that it has come home to
him recently that a person could move into the retirement age with
savings enough to live on and have those savings wiped out with
one major illness.
As to the cemetery lots : Mr. Stinnett said that in the early '70s
when a person died without insurance (and many had none because of
the type of work available in this area and the low wages) , he and
Commissioner Junior Crawford would pay for the cemetery lot,
provide flowers, and convince the funeral director to settle for
the amount Social Security provided for the burial and they saw to
it that the person was buried with dignity. After he persuaded Mr.
Bill Breeze to contribute a two acre addition to the cemetery, he
proposed that Commission add free cemetery lots to the Over 65
Program, as it could be done without any expense to the City.
As to the legality of the Program: Mr. Stinnett said that he had
discussed the legal details at length with City Manager Vignetti ,
the City Attorney and the State Attorney before presenting the
idea to the Commission, and that when Mike Wallace brought "60
Minutes" to Ocoee to report on the Program, Mr. Wallace, calling
from Ocoee City Hall, interrupted the State Attorney at a banquet
in New York in order to clarify the fact that the program is legal
before airing his show.
_ 43 •
Page 3
Over 65 Program Committee Meeting
March 13 , 1990
In response to City Manager Shapiro' s question regarding the
Commission' s vision for growth at that time, Mr. Stinnett said
that they had anticipated topping out at 12, 000 . City Manager
Shapiro stated that we are at approximately 15, 000 now with 2, 000
units coming out of the ground soon.
Mrs. Dinkel asked whether we are continuing to be a bedroom
community or if the character of the community is changing. City
Manager Shapiro said that we are predominately bedroom (second
house yuppie) in growth but with a great deal of business coming
along on Highway 50 and the Beltway. He predicts that this spurt
of growth will be about 5 years and will become about 25, 000
people, and he projects we will be about 50 , 000 in 20 years . Mr.
Shapiro pointed out that due to rate increases and inflation,
which he anticipates will be 15%, the Committee should consider
that the cost of the Program will double plus 15%, which means
that in 5 years the Program will cost about $350 , 000 to $400, 000.
Mr. Stinnett pointed out that the program started with 110+ people
and now has 450+, so the program is not growing, the City is. As
the discussion progressed regarding including on the Program the
people who move here who have not helped to build the City, Mr.
Stinnett pointed out that those people do have telephones and
utility bills, which we get a 10% tax on, and bank accounts, which
enable the local bank to lend to us all.
City Manager Shapiro projected that in 5 to 10 years a new City
Commission may determine that the Program should be ended because
the tenor of the town is changing now. Mr. Stinnett said that he
would prefer to end the Program himself rather than have a
stranger do it.
Mrs . Dinkel suggested that one solution would be to fix the amount
of ad valorem tax refunded and to make a 10 year residency
requirement instead of 5 years .
Mr. Stinnett said that if the Program were shut off in 10 years he
would feel that he had fulfilled his promise. City Manager
Shapiro said that the consensus of the present Commission was that
they would feel that they were upholding the prior Commission' s
intent if , at a time certain in the future, a cut-off date was set
for additions to the Program.
Mrs . Minnick stated that senior citizens with a young person in
the house should not receive the benefits; also that persons who
have a good income should not be enrolled, but that the Program
should be extended to include renters .
41r .
if .
Page 4
Over 65 Program Committee Meeting
March 13, 1990
City Manager Shapiro pointed out that City Attorney Rosenthal has
noted that setting a limit according to income would be
discriminatory.
CHAIRMAN STINNETT ELECTED
By unanimous vote, Mr. Bill Stinnett was elected chairman of the
Committee.
Mr. Stinnett said that if the Program were stopped today, those
recipients would begin paying taxes and supporting recreation they
are not getting the benefits from.
Mrs . Dinkel said she would like to see a senior citizen center,
and Mrs. Ems asked what happened to the lump sum that was
earmarked for that purpose several years ago. Mr. Shaner advised
that the City built Fire Station #2 instead and gave senior
citizens the use of the community center for recreation.
City Manager Shaapiro advised that he plans to have daytime staff
for recreation soon and suggested that it may be possible that a
better use of the Over 65 Program dollars would be to provide
benefits such as meals , wake up service, daytime recreation, etc.
Mrs . Dinkel said that she took part in an opinion poll at Wal-Mart
in which people from 22 years of age to 90 years were interviewed
and which showed 210 people were all for the program and 3 were
against.
Mrs . Meeks suggested that those on the Program should have an
opportunity to withdraw.
City Manager Shapiro suggested that one option would be to set a
limit on the property taxes refunded, and since the tax rolls are
available there would be easy access to the information needed.
Consensus was that the Program does need to be revised and that
members would return with more ideas for that revision at the next
meeting, which was set for Monday, March 26 at 7 :30 p.m.
The meeting adjourned at 9: 21 p.m.
Jean G afton, Cit 'Clerk
qb.
(—
AGENDA
CITY OF OCOEE
OVER 65 PROGRAM COMMITTEE MEETING
MARCH 26 , 1990
I . CALL TO ORDER - Chairman Stinnett 7: 30 p.m.
II. ROLL CALL AND DETERMINATION OF A QUORUM
III . APPROVAL OF MINUTES OF MARCH 13 , 1990 MEETING
IV. DISCUSSION RE: RECOMMENDATIONS TO CITY COMMISSION
V. ESTABLISH NEXT MEETING DATE
VI. ADJOURNMENT
. 4L •
MINUTES OF THE OVER 65 PROGRAM COMMITTEE MEETING HELD
MARCH 26 , 1990
Present: Appointed Members : Dorothy Dinkel , Hilda Ems , Owen Ems,
Mary Ellen Frame, William Gray, Barclay Hamilton, Bea Meeks ,
Dottie Minnick, Melvin Shaner, Bill Stinnett. Present in an
advisory capacity: City Manager Shapiro, City Finance Director
Poston, Assistant City Attorney Lower, and City Clerk Grafton.
Absent: Walt Cobb
The meeting was called to order by Chairman Stinnett at 7 :32 p.m.
in the City Hall conference room, and a quorum was declared to be
present.
Chairman Stinnett asked that each member make a proposal to be
considered for presentation to City Commission and asked Mr.
Hamilton to start the discussion.
Mr. Hamilton proposed 1) that anyone moving into the City after
1999 , regardless of their age, would no longer be eligible for the
Program, and 2) changing the residency requirement to 10 years .
Chairman Stinnett proposed a $50 . 00 limit on the ad valorem tax
refunded and after some discussion changed that amount to $100. 00 .
Mrs . Minnick, referring to the minutes of the meeting held March
13 , said she did not mean that the Program should be extended to
include renters as the minutes reflect, but rather that people who
rent have financial problems just as home owners do. Mrs . Minnick
stated that she feels that the benefits can be lowered and some
of the money saved put into a building to aid senior citizens .
City Manager Shapiro moved, seconded by Mr. Hamilton, to request a
written legal opinion regarding whether the City Commission can
set a date certain cut-off that no one else can enroll on the
Program. Motion carried with unanimous vote in favor.
Mrs . Dinkel suggested that there be no cut off date set, but to
perpetuate the Program, limiting the advalorem taxes as noted
above.
City Manager Shapiro said that he wants any money saved by
reduction of the benefits to be set aside to help senior citizens
with adult day care, congregate dining, Meals on Wheels , Wellness
Programs , insurance programs , IRS help, etc. , and that he
envisions having a person serve as advocate for the senior
citizens who will stand up and fight for their rights and see to
it that their needs are met.
p
Mr. Gray said that he had seen people abusing the Program,
receiving the free services and taking trips to Bermuda. Chairman
Stinnett said that that is why the Program was adopted as a policy
rather than an ordinance , so that offenders , when discovered,
could be removed from the list.
Page 2
Over 65 Program Committee Meeting
March 26, 1990
Following a report presented by City Clerk Grafton showing that in
the month of December, 1989, the average overall consumption of
water by the 416 homes on the Program was 7 .6 thousand gallons ,
the discussion turned to reducing the maximum amount allowed free
to 7 , 500 gallons . (The report did not include those recipients
living in Sleepy Harbour Condominiums as their benefit is
calculated slightly differently due to the use of a master meter
to each condo rather than a separate meter to each consumer. )
City Manager Shapiro suggested that a yearly window (i .e. , the
month of April, for instance) for registration for the Program be
established, (as in homestead exemption) , so that the City budget
could be more accurately prepared.
Mrs. Frame said that a realistic look should be taken toward
shutting down the Program with a goal of providing other services ,
such as a building for day care, as there are matching funds
available.
Chairman Stinnett said that some of the recreation impact money
could be designated for senior citizen recreation.
City Manager emphasized the need for a professional who knows how
to find the dollars and the programs to be an advocate for the
elderly, and he suggested further that this committee could stay
together and serve in that capacity as well .
Consensus was that a public hearing will be held on April 9, 1990 ,
in the community center at 7 : 30 p.m. in order to have more input
from the citizens before preparing a formal proposal to present
to the City Commission.
Meeting adjourned at 9 : 12 p.m.
Jei Grafton, C ' y Clerk
40yp .
(--
AGENDA
CITY OF OCOEE
OVER 65 PROGRAM COMMITTEE PUBLIC HEARING
OCOEE COMMUNITY CENTER
APRIL 9 , 1990
I . CALL TO ORDER - Chairman Stinnett 7: 30 p.m.
II . ROLL CALL AND DETERMINATION OF A QUORUM
III . APPROVAL OF MINUTES OF MARCH 26 , 1990 MEETING
IV. DISCUSSION RE: RECOMMENDATIONS TO CITY COMMISSION
A. Change residency requirement from 5 years to 10 years
B. Change maximum monthly free water to 7 , 500 gallons
C. Place ad valorem tax cap at $50 .00 yearly
D. Permit applications during only one month each year
E. Designate money saved to be used for other senior citizens
programs
F. Other considerations not listed here
V. OPEN PUBLIC HEARING FOR CITIZEN COMMENTS AND QUESTIONS
A. Residency requirement
B. Water
C. Ad valorem tax cap
D. Permit applications during only one month each year
E. Others
VI . ESTABLISH NEXT MEETING DATE
VII . ADJOURNMENT
MINUTES OF THE OVER 65 PROGRAM COMMITTEE PUBLIC HEARING HELD
APRIL 9, 1990
Chairman Stinnett called the meeting to order at 7 :32 p.m. and
announced that this duly advertised public hearing was called for
the purpose of giving citizens an opportunity to be heard
regarding the Over 65 Program. The roll was called and a quorum
was declared to be present .
PRESENT: Chairman Bill Stinnett , Members Walt Cobb, Dorothy
Dinkel , Hilda Ems , Owen Ems , Mary Ellen Frame, Bill Gray, Barclay
Hamilton, Bea Meeks , Dottie Minnick, and Melvin Shaner. Also
present were City Manager Shapiro, Finance Director Poston,
Assistant City Attorney Lower, and City Clerk Grafton.
ABSENT: None
Approval of the minutes of the meeting held March 26 , though
mentioned, was not formally voted on.
City Manager Shapiro explained to an audience of approximately
thirty five citizens that this Committee was appointed by City
Commission to review, evaluate and analyze the Over 65 Program
with a goal of providing recommendations to the Commission
regarding any needed changes or adjustments to the method of
administration, the benefits received by those enrolled, and the
duration of the program. After meeting several times and
assembling some ideas for presentation to the City Commission, it
was the desire of this Committee to have citizen input regarding
the possibilities considered before submitting a proposal to
City Commission. The Committee has tentatively determined that the
following should be proposed:
1) Change residency requirement from 5 years to 10 years ,
2) Change maximum monthly free water to 7 , 500 gallons ,
3) Place ad valorem tax refund cap at $50 . 00 yearly,
4) Permit applications during only one month each year before
budget planning time,
5) Designate money saved to be used for other senior citizens
programs ,
6) Stop the program at a time certain.
As there had been some discussion regarding the legality of
phasing out (stopping) the program, the Committee had requested a
written opinion from Assistant City Attorney Lower . That opinion,
in essence, is that it can be done, and the complete opinion is
attached to these minutes as Exhibit A.
Chairman Stinnett stated that he does not want to see the program
cut off but rather adjusted to assist the needy and he thanked
Attorney Lower for his research.
Page 2
Over 65 Program Committee Public Hearing
April 9 , 1990
The comments from citizens were as follows :
CHANGE RESIDENCY REQUIREMENT
Mr . R.P . Mohnacky, 1820 Prairie Lake Blvd. , wants program phased
out completely and quickly.
Commissioner Paul Foster, 824 Starke Lake Circle, asked how many
who are on the program would be affected and the response was
none.
Mr . Bart Rostiser, 98 Circle Key, commented that he is working
now, but if he gets sick, the benefits would be very helpful to
him.
Mr . Burton Smith, 618 Aldama Ct . , noted that the senior program
has been well received and he expressed appreciation for the
benefits .
City Manager Shapiro noted for the record that while doing the
budget review a one-third increase in cost was discovered as more
pt.uple are signing up for the program due to the advertising.
Mr . Stan Hoskins , 819 Harbour Ct . E. , said that he was one of
those just signing up, that he moved here five years ago and just
missed getting on the program then by a few months . Mr. Hoskins
suggested that a means test such as that being used in Winter
Garden would be a fairer approach to determining who is. eligible
for the benefits .
Mrs . Frances Watts , 43 Shell Key Ct . , said that her husband is
buried here and she cannot afford to move away. . .but if you have
to take the benefits away you have to take them away.
CHANGE MAXIMUM MONTHLY FREE WATER TO 7 , 500 GALLONS
Mr . R. P . Mohnacky spoke against the recent rate increase , saying
he wants the base rate eliminated and pay only the gallonage rate.
Mr . Bob Murray, 1411 Charleon Ct . , supported the proposed 7 , 500
gallon maximum as a reasonable amount .
Mr . Ed Foley,' 608 Ocoee Hills Road, wants the maximum left at
15 , 000 gallons and drop the ad valorem tax benefit .
AD VALOREM TAX CAP
Mr . R. P . Mohnacky feels that there should be no tax break, that
if senior citizens had to pay taxes they would keep a closer watch
over the rates and would ask why the rates were going up.
Page 3
Over 65 Program Public Hearing
April 9 , 1990
Mr . Burton Smith suggested that , since audience participation is
slow, a show of hands on each subject would be helpful .
Mr . Stan Hoskins asked about grandfathering into the program.
Mrs . Leola Sparks , 1409 Mona Drive , said that she went on vacation
and when she returned she got a bill for $47 .00 and still does not
know what caused it.
LIMITING REGISTRATION TO ONE MONTH OF THE YEAR
M . Bob Murray spoke in favor of limiting the application period
to one month.
Mr . Ed Foley said that he was told that he applied too late (in
February) to receive the tax back for that year. City Manager
Shapiro explained that in order to receive the tax refund it is
necessary to be on the program as of January 1 .
Mr . Harold Switzer, 609 E. Lakeshore Drive, said that he
understands the City Manager ' s desire to have the one month window
for bookkeeping reasons but he was concerned that it would cause
a hardship for the citizens .
Mc . Stan Hoskins supported Mr. Switzer ' s opinion.
Mr . Burton Smith asked for a show of hands and the majority
indicated that they were in favor of the one month window for
applications .
GARBAGE SERVICE WAS NOT ON THE AGENDA FOR DISCUSSION BUT WAS
MENTIONED ANYWAY
Mr . R. P . Mohnacky proposed that those who use the garbage service
be charged only for the amount of garbage put out rather than a
set monthly fee. Such a method would reduce the cost of the
service to senior citizens as they produce less garbage to be
picked up. Mr . Stan Hoskin also asked about the garbage service
cost and City Manager Shapiro explained that the provider of such
a service is required to be prepared with manpower and vehicles to
serve whether the garbage is put out or not, and so the tipping
fee is not the only cost to the City. The difficulty of
bookkeeping alone would be cost prohibitive.
Mrs . Jessie Rate, 700 Russell Drive, President of Grandmothers
Club, mentioned that one of the club members lives on $500 . 00 per
month and her house payment is $200 . 00 , thus taking away the
benefits would definitely cause a hardship.
Mrs . Bea Meeks said that she would like to see those who do not
need the benefits withdraw.
. si *
Page 4
Over 65 Program Public Hearing
April 9, 1990
Chairman Stinnett pointed out that anything saved on the Over 65
Program will be put toward getting matching grant monies for
senior citizens and he explained some of the programs available.
Chairman Stinnett also stated that he wanted some of the developer
recreation fee monies to be earmarked for senior citizen
recreation.
Mr . Bob Murray said that it appears that it is not really that the
City does not have the money for the Over 65 Program, but that
they want to start another program and he asked why. . .as the
program seems to be functioning well enough as it is . Chairman
Stinnett explained that the dollars saved can be used to get grant
monies and in that way will increase the effectiveness of the
dollars to be used.
Mr . Harold Switzer said that he remembers that the City Commission
talked about phasing out the Over 65 Program and, if so, what is
the purpose of this discussion. City Manager Shapiro responded
that the City Commission may or may not vote the way the Committee
recommends .
Mrs . Bea Meeks asked Assistant City Attorney Lower for an opinion
regarding the means test and he responded that he would not give a
verbal opinion but could render a written opinion if the Committee
so desires .
Mrs . Dottie Minnick asked for a show of hands on the means test
and several in the audience said that a person ' s income/needs is
nobody' s business and a means test is an invasion of a person' s
privacy.
Chairman Stinnett asked for a show of hands for those who want the
Program stopped and there were no hands; and for a modified
program-5% raised their hands .
NEXT MEETING SET
The next meeting will be Monday, April 23 , 1990 at 7 : 30 p.m. in
the City Hall conference room.
ADJOURNMENT
The public hearing adjourned at 9 : 27 p.m.
\iC 93-1-4";
Jen Grafton, ity Clerk
Attachment to Over 65 Meeting Minutes April 9, 1990
Exhibit A
FOLEY & LARDNER, VAN DEN BERG, GAY, BURKE, WILSON & ARKIN
III NORTH ORANGE AVENUE, SUITE 1800
POST OFFICE BOX 2193
ORLANDO, FLORIDA 32802-2193
TELEPHONE (407) 423-7656 FOLEY & LARDNER
IN MILWAUKEE.WISCONSIN FACSIMILE (407) 648-1743 MADISON. WISCONSIN
FOLEY & LARDNER CHICAGO. ILLINOIS
ITASCA,ILLINOIS
777 EAST WISCONSIN AVENUE WASHINGTON, D.C.
MILWAUKEE. WIS. 53202-5367 ALEXANDRIA,VIRGINIA
ANNAPOLIS. MARYLAND
TELErHONE (414) 271-2400 JACKSONVILLE. FLORIDA
TELEX 24-010 MEMORANDUM TALLAHASSEE, FLORIDA
TAMPA, FLORIDA
WEST PALM BEACH, FLORIOA
TO: Over 65 Program Committee
FROM: Brian T. Lower , Esq.
THROUGH: Paul E. Rosenthal, City Attorney ,,
DATE: April 9, 1990
RE: Proposal to Phase-Out Over 65 Program Benefits
BACKGROUND
In 1975, a program was approved by the City Commission
of the City of Ocoee to subsidize certain expenses of senior
citizens of Ocoee who meet established eligiblilty criteria.
Eligible persons were defined as residents of the City who have
legal or equitable title to real or personal property within the
City of Ocoee on which the resident has resided on for a period
of at least 5 ( five) continous years and who are at least 65
years old, or 62 years or older and receiving social security
payments . Eligible residents receive a refund of municipal
ad valorem taxes, free municipal sanitation services and free
municipal water services, up to a maximum of 15, 000 gallons of
water per month. This program has become known as the "Over 65
Program" .
The Over 65 Program was established in order to provide
a social welfare benefit to senior citizens residing in Ocoee.
It was also designed to encourage current and future senior
citizens to select Ocoee as their place of residence and to
thereby foster the growth of the City. The City Commission
determined by its approval of the program and appropriation of
funds that the Over 65 Program serves a valid municipal purpose.
However , the actions establishing the program did not establish
any vested rights to future benefits and the City Commission must
annually appropriate funds to continue the Over 65 Program. The
City Commission has the legal authority to discontinue the program
•
• rill•
To: Over 65 Program Commitee
From: Brian T. Lower
Re: Proposal to Reduce Program Benefits
Date: April 9, 1990
Page 2
at any time and the program may continue only so long as the City
Commission appropriates the necessary funds.
The cost of the Over 65 Program has had an increasing
financial impact on the City. As a result, the City Commission
appointed the Over 65 Program Committee to conduct a total
review of the program.
QUESTION PRESENTED
You have requested our opinion as to whether the Over 65
Program may be phased out in the year 1999 ( the "Phase Out Date" ) ,
with current and future City residents who have not achieved
"eligibililty" prior to the Phase Out Date being excluded from
the Over 65 Program, while City residents who have obtained
eligibility prior to the Phase Out Date would remain eligible to
participate in the Over 65 Program.
ANALYSIS
Under the proposed circumstances, those persons achieving
"eligibility" under the terms of the program prior to the Phase
Out Date would continue to receive benefits. Any persons not
achieving eligibility prior to the Phase Out Date would not be
eligible to receive benefits . Two classifications of persons are
thereby created, one class who achieved eligibility under the
program prior to the Phase Out Date and one class which did not .
The legal issue presented is whether the classification violates
"equal protection" afforded by law.
Florida courts have interpreted the Florida Constitution
as requiring "some reasonable basis" for such a classification
and that such classification must "further a legitimate municipal
purpose or objective" . Generally, as long as a non-suspect
classificatory scheme chosen by a municipality rationally advances
a legitimate governmental objective, the courts will disregard
the methods used in achieving the objectives and any challenge to
the enactment will be upheld. The equal protection test to be
applied is a subjective one and the courts will generally give -
great weight to the determination of the City Commission.
Our research has not revealed any Florida or federal
case addressing the question presented. While we have reviewed
cases dealing with benefits to persons over 65 years of age, we
have not found any case which addresses a program similar to the
To: Over 65 Program Commitee
From: Brian T. Lower
Re: Proposal to Reduce Program Benefits
Date: April 9, 1990
Page 3
Over 65 Program. In the event the City were to enact a phase-out
as described above and such phase-out were challenged as an
unreasonable classification in violation of equal protection laws,
the consideration of the phase-out (and the Over 65 Program itself)
would be a case of first impression in the Courts. Under current
law, the classification would not be a "suspect classification"
and the test set forth above would be applicable. Thus, the
question presented asks us to place ourselves in the role of the
Court and provide you with our best judgment as to the ultimate
outcome and the legality of a phase-out of the Over 65 Program as
described above.
With these considerations in mind, it is our opinion
that the question presented is answered in the affirmative; to
wit : the City may lawfully phase out the Over 65 Program by
establishing a Phase Out Date after which current and future
residents who have not achieved "eligibility" would be excluded
from participating in and receiving benefits from the Over 65
Program while continuing benefits for those who have obtained
eligibility prior to the Phase Out Date. In order to support
this opinion it would be necessary that the record demonstrate
that the phase out was being instituted in response to the
increasing cost to the City of maintaining the program at its
current level with the objective of promoting municipal fiscal
responsibility while at the same time preventing undue hardship
on those receiving benefits . The record would best be established
by the adoption by the City Commission of a Resolution which sets
forth the parameters of the Over 65 Program, the details of the
Phase Out and the municipal purpose for both the Over 65 Program
and the phase out of the program.
Nothing in this opinion should be interpreted as pre-
cluding the City Commission from modifying or eliminating the
Over 65 Program at a later date. The continuation of the program
in its current or modified form will continue to require an
annual appropriation by the City Commission of the funds required
to continue the Over 65 Program.
cc: Mayor and City Commissioners
Mr . Ellis Shapiro
Mrs. Jean Grafton
Floppy/4758EEE( 5 )
01 ( 04/09/90 )
11. '
AGENDA
CITY OF OCOEE
OVER 65 PROGRAM COMMITTEE
OCOEE CITY HALL CONFERENCE ROOM
APRIL 23 , 1990
I . CALL TO ORDER - Chairman Stinnett 7 : 30 p.m.
II. ROLL CALL AND DETERMINATION OF A QUORUM
III . APPROVAL OF MINUTES OF MEETINGS HELD
MARCH 26 , 1990 AND APRIL 9 , 1990
IV. DISCUSSION RE: RECOMMENDATIONS TO CITY COMMISSION
A. Change residency requirement from 5 years to 10 years
B. Change maximum monthly free water to 7 , 500 gallons
C. Place ad valorem tax cap at $50 . 00 yearly
D. Permit applications during only one month each year
E. Designate money saved to be used for other senior citizens
programs
F. Other considerations not listed here
V. ESTABLISH NEXT MEETING DATE
VI . ADJOURNMENT
•(1) •
MINUTES OF THE OVER 65 PROGRAM COMMITTEE MEETING HELD
APRIL 23 , 1990
The meeting was called to order by Chairman Stinnett at 7 : 44 p.m.
in the commission chambers . Chairman Stinnett explained that the
meeting had been scheduled to be held in the conference room but
that due to the large audience it was moved to the commission
chambers . The roll was called and a quorum was declared to be
present .
PRESENT: Chairman Bill Stinnett, Members Dorothy Dinkel, Hilda
Ems , Owen Ems , Mary Ellen Frame , Bill Gray, Barclay Hamilton, Bea
Meeks , Dottie Minnick, and Melvin Shaner. Also present were
Assistant City Attorney Brian Lower and City Clerk Grafton.
ABSENT: Member Walt Cobb, City Manager Shapiro, Finance Director
Poston
MINUTES APPROVED
Mr. Hamilton, seconded by Mrs . Meeks , moved to approve the minute.
of the meetings held March 26 and April 9 , 1990 . Motion carried
with unanimous vote in favor.
DISCUSSION REGARDING PROPOSED CHANGES TO RECOMMEND
Chairman Stinnett announced that the public hearing was held on
April 9 and there were only 30 to 35 citizens present, so he would
hear the public tonight as well . There were remarks made by Mr.
T.J. Holland, 12 Magnolia Street , and Mr. James Fix, 2001 Lady
Avenue, before Attorney Lower advised that there was a difference
between a public hearing and a public meeting, explaining that at
a public hearing citizens should be heard and at a public meeting
citizens should listen. Attorney Lower explained further that, as
this was not advertised as a public hearing, it would be unfair to
those citizens not present to continue with this form of meeting.
In response to citizens in the audience who still wished to be
heard, Mrs . Frame noted that it would be appropriate to write a
letter or to telephone to express their feelings to the Board
Members or to City Commission.
Chairman Stinnett announced that the consensus so far was that the
Committee would recommend that the Program should not be ended at
this time , but rather that some of the specifics should be altered
in order to continue the operation. It was felt that changing t' T:
residency requirement from 5 years to 10 years would be in keeping
wirh the original intent of the Program-to reward those citizens
who were instrumental in building the community as well as to help
those who were in need.
Mrs . Meeks advised, for the benefit of those who had not been
present at the public hearing, that the means test had been
mentioned as a possible approach to determining who should receive
the benefits , and that Attorney Lower had already noted that it
would be discriminatory. However, he could not deliver a written
opinion without knowing the criteria.
• r•
Page 2
Over 65 Program Committee Meeting
April 23, 1990
The remainder of the meeting was spent taking a straw vote on each
issue which had been discussed at previous meetings . The results
follow:
Change Residency Requirement From 5 Years To 10 Years: Hamilton,
Dinkel , Frame, Shaner
Keep Residency Requirement At 5 Years : H. Ems , O. Ems , Stinnett,
Minnick
Undecided: Gray
Abstaining: Meeks
Change Free Water Usage Limit to 7 , 500 : Hamilton, Frame, Shaner,
Meeks , Minnick
Keep Free Water Usage Limit at 15, 000 : Gray, Dinkel , H. Ems , O.
Ems
Undecided: Stinnett
Place Ad Valorem Tax Cap at $50 . 00 Yearly: (Chairman Stinnett
advised that in earlier discussions consensus was more toward
$1uO . 00 cap than $50 . 00 . )
Ad Valorem Tax Cap of $50 . 00 : Frame, Shaner
Ad Valorem Tax Cap of $100 . 00: Hamilton, Gray, Dinkel , H. Ems , O.
Ems , Stinnett
No Refund At All : Minnick
Abstaining: Meeks
Permit Applications During Only One Month Each Year: It was agreed
by all that it would be best to do this , but only if sufficient
notice could be given, possibly by announcing in AARP , other
mature citizens groups , and posting notices , as well as placing on
the water bill for four or five months in advance.
Designate Money Saved To Be Used For Other Senior Citizens
Programs : Mrs . Meeks advised that she and Mr. Shaner sit on the
Citizens ' Advisory Committee for the recreation element of the
Comprehensive Plan and, as previously discussed, were considering
passive parks and other programs for senior citizens . Wake up
service and other such aids had been previously addressed. There
was discussion about state matching funds . Mrs . Dinkel suggested
that the 5% recreation fee required of developers be allocated
with 1 . 5% for senior citizens recreation and the balance of 3 . 5%
for other recreation. Mr. Hamilton felt that 2% and 3% would be a
better ratio. Mrs . Frame suggested that a portion of the amount be
earmarked for the professional "grant getter" that City Manager
Shapiro had mentioned at an earlier meeting and also that it
should be recommended that a request be directed to personnel to
start searching for that person. Member Meeks explained that the
Citizens Advisory Committee has found that we are at and above the
Page 3
Over 65 Program Committee Meeting
April 23, 1990
requirements for providing recreation for children and citizens up
to 30 years of age, but not so for senior citizens . Chairman
Stinnett recalled asking a developer (Ramuset) for a field to be a
senior citizens park and the Commission at that time made a Pop
Warner Ball Field out of it instead.
Other Considerations: It was determined that these would be the
subject for the next (and final) meeting in order to draw up a
list of recommendations for the Commission for the May 15 regular
meeting.
NEXT MEETING TO BE APRIL 30 , 1990 AT 7 : 30 P.M. IN THE CONFERENCE
ROOM
Chairman Stinnett read aloud for the record a citation that AARP
had presented Mr. Shaner for his dedicated service to the senior
citizens and to AARP.
ADJOURNMENT
The meeting adjourned at 9 : 56 p.m.
� 2
Je-J Graf ton, C./Y. Clerk
s
•
♦ CI 0
a
AGENDA
4
CITY OF OCOEE
OVER 65 PROGRAM COMMITTEE
OCOEE CITY HALL CONFERENCE ROOM
MAY 1 , 1990
1P,bl. Iv/
I . CALL TO ORDER - Chairman Stinnett 7 : 30 p.m.
II . ROLL CALL AND DETERMINATION OF A QUORUM
III . APPROVAL OF MINUTES OF MEETINGS HELD APRIL 23 , 1990
IV. DISCUSSION RE: RECOMMENDATIONS TO CITY COMMISSION
A. Other considerations not listed previously
V. ADJOURNMENT
MINUTES OF THE OVER 65 PROGRAM COMMITTEE MEETING HELD
APRIL 30, 1990
Chairman Stinnett called the meeting to order at 7 : 31 p.m. in the
city hall conference room and, following roll call , declared a
quorum to be present .
PRESENT: Chairman Stinnett, Members Dorothy Dinkel, Hilda Ems ,
Owen Ems , Mary Ellen Frame, William Gray, Dottie Minnick, Melvin
Shaner. Also present were City Manager Shapiro, Finance Director
Poston, Assistant City Attorney Lower, and City Clerk Grafton.
NOTE: Mr. Cobb called to let me know I omitted his name from those present. . .Sorry
ABSENT: Members Barclay Hamilton and Bea Meeks
MINUTES APPROVED
Mrs . Dinkel , seconded by Mr. Shaner, moved to approve the minutes
of the meeting held April 23 , 1990 . Motion carried with unanimous
vote in favor.
DISCUSSION ON TAX CAP
Chairman Stinnett said that, when he suggested setting a cap on
the tax refund, figures were not available to help calculate just
what an appropriate amount would be. In the discussion following,
City Manager Shapiro clarified some figures , noting that a person
living in a house with $12, 500 taxable value would pay $50 .00 in
city taxes while a person living in a house with $25, 000 taxable
value would pay $100 . 00 . The general feeling of the Committee was
that a refund of up to $100 . 00 would give relief to those who live
in modest homes and if a person could afford to live in a house of
greater value than this , they probably were not desperate for a
refund.
City Manager Shapiro reiterated his remarks from earlier meetings
regarding (1) the fact that the dollars being used for the Program
could be increased in value if they were used as a base to apply
for matching grants instead, stressing the fact that there is not
a place available for meals to be served or for congregate living
and (2) the need for a citizens group to serve as an advocate for
the elderly. When Chairman Stinnett said "Once the Program' s gone,
it ' s done for and the poor people in this city will never get. it, "
Mr. Shapiro offered to take the Committee to see a successful
program in another city. Mrs . Dinkel said that she wants the City
to promise that a facility will be built by a time certain. Mrs .
Dinkel said that she would get 50 workers , and that she would come
down Wednesdays from 1 to 5 each week to volunteer and do whatever
needed to be done. Mrs . Minnick said that she is against rebates
of taxes as the needy are the renters and she feels that the
dollars should go to something that will benefit all . Mrs . Ems
said that some of the elderly cannot get out and cannot drive to
somewhere else to receive benefits and so the free water and
garbage service give them an opportunity to do something
constructive in and for their own homes .
• ` Z. •
Page 2
Over 65 Program Committee Meeting
April 30 , 1990
City Manager Shapiro, seconded by Mr. Shaner, moved to recommend
the following:
1) Tax refund cap at $100 . 00
2) Maximum free water monthly of 7 , 600 gallons
3) One thirty day period each year to apply for the Program
4) Committee to continue to operate to seek new programs to
present to Commission
Mrs . Frame wished to amend the motion by adding a 10 year
residency requirement instead of 5 years . On roll call Mr. Cobb,
Mrs . Dinkel , Mr . Ems , Mrs . Frame , Mr. Shaner, and Chairman
Stinnett voted for 10 years ; Mrs . Ems, Mr . Gray, Mrs . Minnick and
Mr. Shapiro voted for 5 years . The motion as amended carried with
9 to 1 vote with Mrs . Minnick voting no.
City Manager Shapiro said that staff will prepare the report for
the May 15 Commission meeting and expressed his appreciation for
each member ' s service on the Committee.
Mrs . Dinkel asked about the recreation impact fee assessment as
discussed in the last meeting and City Manager Shapiro advised her
that such a division of the fee would not be feasible .
ADJOURNMENT
The meeting adjourned at 8 : 37 p.m.
Jeal Grafton, Ci. Clerk
.' 3 .
Ocoee CITY OF OCOEE ..,0 c.„,
�� 1 nl BOARD OF CITY COMMISSIONERS �p ilk '
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•o. OCOEE COMMUNITY CENTER •''Rnc„No .
OCOEE
81CINTENNIAl CC)A'tu
AGENDA
SPECIAL SESSION
July 24, 1990 7:30 p.m.
•
PUBLIC HEARING
I. CALL TO ORDER
II. DISCUSSION AND ACTION ON THE OVER 65 PROGRAM
III. ADJOURNMENT
NOTICE; Any person who desires to appeal any decision at this meeting will need a record
of the proceedings and for this purpose may need to ensure that a verbatim record of the
proceedings is made which includes the testimony and evidence upon which the appeal is based,
MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS SPECIAL SESSION
AND PUBLIC HEARING ON THE OVER 65 PROGRAM HELD JULY 24, 1990
Mayor Dabbs called the special session and public hearing on the
Over 65 Program to order at 7 :30 p.m. in the commission chambers
and then led in the prayer and pledge of allegiance. After calling
the roll Mayor Dabbs declared a quorum to be present.
PRESENT: Mayor Dabbs; Commissioners Combs , Foster, Johnson, and
Woodson. Also present were City Manager Shapiro, Assistant City
Attorney Brian Lower, Public Works Director Brenner, and City
Clerk Jean Grafton.
ABSENT: None
Mayor Dabbs explained that the purpose of this meeting is to get
public input into the Over 65 Program and he asked citizens to
fill out the speaking reservation form provided.
Mrs . Estelle Sanders, 669 S . Cumberland Street, a resident of 25
years , expressed her appreciation for the free water and garbage
service provided by the City for the senior citizens. Mrs.
Sanders said also that she is on a back-up water line and has to
let her water run before she can use it for drinking.
Mrs . Victoria J. Sanders , 35 West Geneva Street, expressed
appreciation for the large attendance at the meeting. Mrs .
Sanders said also that she wants to vote for older people ' s
benefits and she encouraged team work to provide for them.
Mrs . Laura Hendrickson, 1304 Wurst Road, thanked the City for what
they have done. She was proud of the City when the program
started.
Mr. Kermit Bushur, 441 Vandergrift Drive, said that two things
influenced his moving here: the City was free of debt, and the
senior citizen discounts that would be available when he reached
the proper age. Mr. Bushur said that with the annexations and new
taxpayers that the little amount the senior citizens are getting
is a pittance and requested that the City continue the benefits .
Mrs . Vivian Rogers , 1603 Jemima Street, a resident of 21 years ,
said that they had paid taxes and been good citizens and had great
pleasure when the Over 65 Program was adopted. Mrs. Rogers said
that even with growth fixed income persons need the program and
she suggested a ten year residency requirement.
Mr. Clyde Doolittle, 604 Ridgefield Avenue, did not come to the
podium.
Mrs. Dottie Minnick, 508 Bernadino Drive, said that she served on
the Over 65 Program Committee, and that she supports the program
even though there was a 30% raise in taxes last year. Mrs .
Minnick said that she feels that people who can afford to own a
good big home should not get free services and also that the
benefits should be reduced, that renters should be considered,
and more programs for all seniors should be done. Mrs. Minnick
stated that she objects to a referendum on the program.
Page 2
Ocoee City Commission Special Session-Over 65
July 24, 1990
Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, stated that the
program, though good at the outset, is now out of control as it
can be abused as presently implemented. Mr. Mohnacky feels that
the tax rebate should be zero and that the dollars should be put
in a senior fund.
Mr. Ben Griffin, 345 S. Lakeshore Drive, said that he had been
asked to introduce the speaker of the evening, former Mayor Bill
Breeze.
Mayor Bill Breeze, 351 S . Lakeshore Drive, noted that present in
the audience was the largest group of former and current city
officials ever gathered together under one roof: Past Mayors Tom
Ison, Cliff Freeman, Bill Breeze, Sam Scott Vandergrift, Past
Commissioners John Bateman, Vard Hager, Bob Lyle, Bill Stinnett,
Lewis Whitehead, Edwin Pounds, Betty Hager, Delma Fields, and Ben
Griffin. Mayor Breeze said that most of these came to review or
express support of the program which they had felt was worthwhile
when they were in office and which they still felt to be worth
supporting.
Mayor Tom Ison, 6 Delaware Street, recognized Mayor Scott
Vandergrift and Commissioners Lyle, Stinnett, and Whitehead as the
commission holding office when the program started. Mayor Ison
talked about senior citizens who are trying to get along with the
decreasing government benefits , and reduced pensions due to
outside uncontrollable circumstances, noting that these same
citizens are not those who are using the football fields, baseball
fields , fire and police department services . Mayor Ison said also
that in one of the meetings a projection of the cost of the
program was presented but consideration was not given to the
overall size of the budget so that a true picture of the cost
could be shown by comparison. Mayor Ison also advised that at one
time funds had been set aside for a senior citizen building, but
those funds were used for a drainage problem at Lakes Peach and
Moxie instead and an agreement was made with the senior citizens
to use the community center on a regular basis . In closing Mayor
Ison noted that this program brings the benefits into the home of
the recipient while if the dollars are used to provide a service
that calls for the user to drive to another location the benefits
will be limited to only those who can and will get out of their
homes .
Mayor Cliff Freeman, 513 E. Lakeshore Drive, spoke in favor of the
program as a way to pay back those who helped when help was
needed.
Mayor Scott Vandergrift, 2625 Cedar Bluff Lane, asked what
percentage of the total budget the program amounts to, and whether
the percentage of increase in property taxes was due to increased
assessed valuation. He commented that he hopes this commission
will look at the program as practically as possible and make a
human decision based on the lives of the community and everything
they know about the situation.
Page 3
Ocoee City Commission Special Session-Over 65
July 24, 1990
While responding to Mayor Vandergrift ' s questions City Manager
Shapiro said that the citizens present seemed to feel that the
decisions have already been made regarding the program and that
the program is in jeopardy and that was not so, because this
hearing was called in order to hear the opinions of the people.
Commissioner Robert Lyle, 510 West Street, said that he served on
the commission when the program started and that the program was
not implemented so much for the needy but rather to recognize the
contributions the senior citizens made to us as young people and
to help them afford some things they could not otherwise have.
Commissioner Lyle said further that if the program is not in
jeopardy, then why is this hearing being held? At the time the
program was implemented the City could well afford it, and if that
is not the case now, someone should say so, rather than try to
downdgrade the program.
Commissioner Bill Stinnett, 349 N. Bluford Avenue, said that the
Over 65 Program Committee was appointed by this commission to see
if something could be done to protect the program. He said that
financially he does not care where commission gets the money and
if they can fund recreation and other projects they should be able
to fund this program as well. Commissioner Stinnett said that
while he served on the commission they policed the program by
reading the obituary column and removing the account from the
program if there was no surviving spouse and he felt that someone
should be doing that now. Commissioner Stinnett listed the
recommendations of the committee and stated that he felt they were
a reasonable solution.
Commissioner Delma Fields , 102 Magnolia Street, offered sympathy
to the commission saying that it was a headache when he served as
commissioner and that was before the Over 65 Program.
Mayor Breeze closed the comments of the past City officials with a
thank you for the opportunity to speak and no envy at all for the
task of making a decision.
Mayor Freeman asked to speak again and he said that he had served
on the commission in the 50 ' s, 60 ' s , 70 ' s, and 80 ' s, and the way
for the present commissioners to continue to serve is to pay
attention to the people who are present.
Mrs . Dorothy Dinkel , 907 Maureen Avenue, thanked commission for
appointing the Over 65 Program Committee and asked that they
continue the committee so that they can continue to advise the
commission. Mrs . Dinkel spoke on behalf of the homebound and also
asked that the name of the program be changed to "Seniors
Program" .
Mrs. Mary J. Kicinsky, 1102 Bellini Lane, thanked the City for
assistance and said that she had to wait an extra year to receive
her tax refund.
Page 4
Ocoee City Commission Special Session-Over 65
July 24, 1990
Mrs . Linda McDougal, 3100 Old Winter Garden Road, said that we
shouldn ' t begrudge the needy getting free services and that the
City should not limit the benefits to only the old.
Mrs . Dottie Adainette, 802 Spring Creek Drive, reminded the young
people present that some day they will be old and the young
people at that time will have an opportunity to help them.
Commissioner John Bateman, 406 E. Lakeshore Drive, said there are
some serious mistakes being made by good people who are
criticizing this program. He supports this program but is also a
practical taxpayer and feels that the program should adjust to
necessary change and that can be accomplished by adopting the
committee ' s recommendations. Commissioner Bateman also recommended
calling this program the Mature Citizen Program or Senior Citizen
Program and placing it in the budget along with the recreation
program, etc. as the City of Ocoee has the best recreation program
anywhere on the least cents per citizen in the state.
Commissioner Vard Hager, 313 Lee Street, said he has lived here 47
years and served as commissioner from 1979 through 1989 . He
thanked those present for their support during that time and
expressed appreciation for the work of the Over 65 Program
Committee.
Mrs . Carlotta Best, 730 Coke Avenue, Winter Garden, spoke for
citrus workers and those who are in need.
As no one else wished to speak the public hearing was closed.
Mayor Dabbs announced that he wished to put down the rumor that
this Commission is going to shut down the Over 65 Program and that
he is in favor of amending it.
Commissioner Woodson said that he has lived here 20 years and came
on the program when he became eligible (which may cause some to
feel that there is a conflict of interest) . He has supported
programs for the youth and for the arts as well as this program.
He is in favor of the $100 tax refund limit, approves of a greater
monthly limit than the suggested 7 , 600 gallons of water, approves
of the one month sign up time and the recommended residency
requirement of 10 years .
Commissioner Combs said he moved here in 1975 and is f_n favor of
the program and of the committee recommendations . He would like
for the committee to remain active and continue to serve.
Commissioner Foster said he approves of the program and thinks
government should not operate like a business to make a profit.
He feels that the function of the commission is to provide for the
needs of the citizens .
Page 5
Ocoee City Commission Special Session-Over 65
July 24, 1990
Commissioner Johnson said that in 3 years no one ever asked about
the Over 65 Program but that in putting together this budget they
did and that is the reason for this hearing. He is in favor of
keeping the program and for the recommendations of the committee.
Mayor Dabbs said that this whole issue is responsible government.
When this commission was told that this program took 1/2 mill of a
1 mill increase in a 4 mill tax levy, they felt it was time to
take a close look at it. He does not intend to take from those who
have already qualified for the program. Senior benefits can take
many forms and he prefers to have 100 get the benefits who do not
need them than miss one person who does .
Commissioner Woodson, seconded by Commissioner Combs , moved to
accept the recommendation of the Over 65 Program Committee with
the exception of item 3 which he wished to change to 10, 000
gallons of water monthly rather than the recommended 7 , 600
gallons . The committee recommendations are as follows :
1) The residency requirement for qualification be changed from 5
years to 10 years .
2) The maximum tax rebate be reduced to $100 . 00 .
3) The maximum water rebate be reduced from 15, 000 gal/mo. to
7 , 600 gal/mo. (Commissioner Woodson' s motion changed this to
10, 000 gal/mo. )
4) Sign up for the Over 65 Program be reduced to the month of
April each year.
5) That a committee be formed to study other cities ' methods of
caring for the elderly and poor and that said committee
recommend programs to the City Commission for adoption.
6) Any savings gained from the adoption of these recommendations
be accrued and used to fund other programs for the elderly
and poor.
On roll call Commissioner Combs voted "aye, " Commissioner Foster
"aye, " Commissioner Johnson "aye, " Commissioner Woodson "aye, " and
Mayor Dabbs "aye . " Motion carried.
ADJOURNMENT
The meeting adjourned at 9 :19 p.m.
7ttest: City of Ocoee
*illownons.- jilted.41
JA-an Graf on, ty Clerk Le-ter Dabbs , Jr. , 'ayor
MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS SPECIAL SESSION
AND PUBLIC HEARING ON THE OVER 65 PROGRAM HELD JULY 24, 1990
Mayor Dabbs called the special session and public hearing on the
Over 65 Program to order at 7:30 p.m. in the commission chambers
and then led in the prayer and pledge of allegiance. After calling
the roll Mayor Dabbs declared a quorum to be present.
PRESENT: Mayor Dabbs; Commissioners Combs, Foster, Johnson, and
Woodson. Also present were City Manager Shapiro, Assistant City
Attorney Brian Lower, Public Works Director Brenner, and City
Clerk Jean Grafton.
ABSENT: None
Mayor Dabbs explained that the purpose of this meeting is to get
public input into the Over 65 Program and he asked citizens to
fill out the speaking reservation form provided.
Mrs. Estelle Sanders, 669 S. Cumberland Street, a resident of 25
years, expressed her appreciation for the free water and garbage
service provided by the City for the senior citizens. Mrs.
Sanders said also that she is on a back-up water line and has to
let her water run before she can use it for drinking.
Mrs. Victoria J. Sanders, 35 West Geneva Street, expressed
appreciation for the large attendance at the meeting. Mrs.
Sanders said also that she wants to vote for older people's
benefits and she encouraged team work to provide for them.
Mrs. Laura Hendrickson, 1304 Wurst Road, thanked the City for what
they have done. She was proud of the City when the program
started.
Mr. Kermit Bushur, 441 Vandergrift Drive, said that two things
influenced his moving here: the City was free of debt, and the
senior citizen discounts that would be available when he reached
the proper age. Mr. Bushur said that with the annexations and new
taxpayers that the little amount the senior citizens are getting
is a pittance and requested that the City continue the benefits.
Mrs. Vivian Rogers, 1603 Jemima Street, a resident of 21 years,
said that they had paid taxes and been good citizens and had great
pleasure when the Over 65 Program was adopted. Mrs. Rogers said
that even with growth fixed income persons need the program and
she suggested a ten year residency requirement.
Mr. Clyde Doolittle, 604 Ridgefield Avenue, did not come to the
podium.
Mrs. Dottie Minnick, 508 Bernadino Drive, said that she served on
the Over 65 Program Committee, and that she supports the program
even though there was a 30% raise in taxes last year. Mrs.
‘114%., Minnick said that she feels that people who can afford to own a
good big home should not get free services and also that the
benefits should be reduced, that renters should be considered,
and more programs for all seniors should be done. Mrs. Minnick
stated that she objects to a referendum on the program.
Page 2
Ocoee City Commission Special Session-Over 65
July 24, 1990
Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, stated that the
program, though good at the outset, is now out of control as it
can be abused as presently implemented. Mr. Mohnacky feels that
the tax rebate should be zero and that the dollars should be put
in a senior fund.
Mr. Ben Griffin, 345 S. Lakeshore Drive, said that he had been
asked to introduce the speaker of the evening, former Mayor Bill
Breeze.
Mayor Bill Breeze, 351 S. Lakeshore Drive, noted that present in
the audience was the largest group of former and current city
officials ever gathered together under one roof: Past Mayors Tom
Ison, Cliff Freeman, Bill Breeze, Sam Scott Vandergrift, Past
Commissioners John Bateman, Vard Hager, Bob Lyle, Bill Stinnett,
Lewis Whitehead, Edwin Pounds, Betty Hager, Delma Fields, and Ben
Griffin. Mayor Breeze said that most of these came to review or
express support of the program which they had felt was worthwhile
when they were in office and which they still felt to be worth
supporting.
Mayor Tom Ison, 6 Delaware Street, recognized Mayor Scott
Vandergrift and Commissioners Lyle, Stinnett, and Whitehead as the
commission holding office when the program started. Mayor Ison
talked about senior citizens who are trying to get along with the
decreasing government benefits, and reduced pensions due to
outside uncontrollable circumstances , noting that these same
citizens are not those who are using the football fields, baseball
fields, fire and police department services. Mayor Ison said also
that in one of the meetings a projection of the cost of the
program was presented but consideration was not given to the
overall size of the budget so that a true picture of the cost
could be shown by comparison. Mayor Ison also advised that at one
time funds had been set aside for a senior citizen building, but
those funds were used for a drainage problem at Lakes Peach and
Moxie instead and an agreement was made with the senior citizens
to use the community center on a regular basis. In closing Mayor
Ison noted that this program brings the benefits into the home of
the recipient while if the dollars are used to provide a service
that calls for the user to drive to another location the benefits
will be limited to only those who can and will get out of their
homes.
Mayor Cliff Freeman, 513 E. Lakeshore Drive, spoke in favor of the
program as a way to pay back those who helped when help was
needed.
Mayor Scott Vandergrift, 2625 Cedar Bluff Lane, asked what
percentage of the total budget the program amounts to, and whether
the percentage of increase in property taxes was due to increased
assessed valuation. He commented that he hopes this commission
will look at the program as practically as possible and make a
human decision based on the lives of the community and everything
they know about the situation.
Page 3
Ocoee City Commission Special Session-Over 65
%o„ July 24, 1990
While responding to Mayor Vandergrift's questions City Manager
Shapiro said that the citizens present seemed to feel that the
decisions have already been made regarding the program and that
the program is in jeopardy and that was not so, because this
hearing was called in order to hear the opinions of the people.
Commissioner Robert Lyle, 510 West Street, said that he served on
the commission when the program started and that the program was
not implemented so much for the needy but rather to recognize the
contributions the senior citizens made to us as young people and
to help them afford some things they could not otherwise have.
Commissioner Lyle said further that if the program is not in
jeopardy, then why is this hearing being held? At the time the
program was implemented the City could well afford it, and if that
is not the case now, someone should say so, rather than try to
downdgrade the program.
Commissioner Bill Stinnett, 349 N. Bluford Avenue, said that the
Over 65 Program Committee was appointed by this commission to see
if something could be done to protect the program. He said that
financially he does not care where commission gets the money and
if they can fund recreation and other projects they should be able
to fund this program as well. Commissioner Stinnett said that
while he served on the commission they policed the program by
New reading the obituary column and removing the account from the
program if there was no surviving spouse and he felt that someone
should be doing that now. Commissioner Stinnett listed the
recommendations of the committee and stated that he felt they were
a reasonable solution.
Commissioner Delma Fields, 102 Magnolia Street, offered sympathy
to the commission saying that it was a headache when he served as
commissioner and that was before the Over 65 Program.
Mayor Breeze closed the comments of the past City officials with a
thank you for the opportunity to speak and no envy at all for the
task of making a decision.
Mayor Freeman asked to speak again and he said that he had served
on the commission in the 50's, 60's, 70 ' s, and 80 ' s, and the way
for the present commissioners to continue to serve is to pay
attention to the people who are present.
Mrs. Dorothy Dinkel, 907 Maureen Avenue, thanked commission for
appointing the Over 65 Program Committee and asked that they
continue the committee so that they can continue to advise the
commission. Mrs. Dinkel spoke on behalf of the homebound and also
asked that the name of the program be changed to "Seniors
Program" .
1011.
Mrs. Mary J. Ricinsky, 1102 Bellini Lane, thanked the City for
assistance and said that she had to wait an extra year to receive
her tax refund.
Page 4
Ocoee City Commission Special Session-Over 65
July 24, 1990
Mrs. Linda McDougal, 3100 Old Winter Garden Road, said that we
shouldn' t begrudge the needy getting free services and that the
City should not limit the benefits to only the old.
Mrs. Dottie Adainette, 802 Spring Creek Drive, reminded the young
people present that some day they will be old and the young
people at that time will have an opportunity to help them.
Commissioner John Bateman, 406 E. Lakeshore Drive, said there are
some serious mistakes being made by good people who are
criticizing this program. He supports this program but is also a
practical taxpayer and feels that the program should adjust to
necessary change and that can be accomplished by adopting the
committee 's recommendations. Commissioner Bateman also recommended
calling this program the Mature Citizen Program or Senior Citizen
Program and placing it in the budget along with the recreation
program, etc. as the City of Ocoee has the best recreation program
anywhere on the least cents per citizen in the state.
Commissioner Vard Hager, 313 Lee Street, said he has lived here 47
years and served as commissioner from 1979 through 1989. He
thanked those present for their support during that time and
expressed appreciation for the work of the Over 65 Program
Committee.
Mrs. Carlotta Best, 730 Coke Avenue, Winter Garden, spoke for
citrus workers and those who are in need.
As no one else wished to speak the public hearing was closed.
Mayor Dabbs announced that he wished to put down the rumor that
this Commission is going to shut down the Over 65 Program and that
he is in favor of amending it.
Commissioner Woodson said that he has lived here 20 years and came
on the program when he became eligible (which may cause some to
feel that there is a conflict of interest) . He has supported
programs for the youth and for the arts as well as this program.
He is in favor of the $100 tax refund limit, approves of a greater
monthly limit than the suggested 7,600 gallons of water, approves
of the one month sign up time and the recommended residency
requirement of 10 years.
Commissioner Combs said he moved here in 1975 and is in favor of
the program and of the committee recommendations. He would like
for the committee to remain active and continue to serve.
Commissioner Foster said he approves of the program and thinks
government should not operate like a business to make a profit.
He feels that the function of the commission is to provide for the
needs of the citizens.
Page 5
Ocoee City Commission Special Session-Over 65
`r► July 24, 1990
Commissioner Johnson said that in 3 years no one ever asked about
the Over 65 Program but that in putting together this budget they
did and that is the reason for this hearing. He is in favor of
keeping the program and for the recommendations of the committee.
Mayor Dabbs said that this whole issue is responsible government.
When this commission was told that this program took 1/2 mill of a
1 mill increase in a 4 mill tax levy, they felt it was time to
take a close look at it. He does not intend to take from those who
have already qualified for the program. Senior benefits can take
many forms and he prefers to have 100 get the benefits who do not
need them than miss one person who does.
Commissioner Woodson, seconded by Commissioner Combs, moved to
accept the recommendation of the Over 65 Program Committee with
the exception of item 3 which he wished to change to 10,000
gallons of water monthly rather than the recommended 7 ,600
gallons. The committee recommendations are as follows:
1) The residency requirement for qualification be changed from 5
years to 10 years .
2) The maximum tax rebate be reduced to $100.00.
Niko' 3) The maximum water rebate be reduced from 15,000 gal/mo. to
7 ,600 gal/mo. (Commissioner Woodson's motion changed this to
10,000 gal/mo. )
4) Sign up for the Over 65 Program be reduced to the month of
April each year.
5) That a committee be formed to study other cities' methods of
caring for the elderly and poor and that said committee
recommend programs to the City Commission for adoption.
6) Any savings gained from the adoption of these recommendations
be accrued and used to fund other programs for the elderly
and poor.
On roll call Commissioner Combs voted "aye, " Commissioner Foster
"aye, " Commissioner Johnson "aye, " Commissioner Woodson "aye, " and
Mayor Dabbs "aye. " Motion carried.
ADJOURNMENT
The meeting adjourned at 9:19 p.m.
• ttest: City .f Oco-e
J/'an Graf on, , rty Clerk Le-ter Dabbs, Jr. ,-Mayor