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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., ,. - '7- 7 � :, ._. .. ..„:„... ,,-- . - ,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 i t is 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 . - 1 - 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 - 2 - • '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. di. I1 . . . ,... ... • 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. �� - •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 -2- 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 • i• it -3- • 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. -1- 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 -2- s01l 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. -3- (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. -4- • (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 -5- al a 7 is • v- 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. .4/ Q• • 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 . • 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 3 r • 1-3 o a a a` r a rr rr rt t" 1-- CD m '< rt ti n a CA a y rr '1 H a H. CD a X O CD X U) rl cD CD U) • to 1 t/) [r1 m L..) 01 in r rr h+ .A NJ U1 U1 N H. t0 U1 0 0 0 U1 pal O O 0 0 0 0 rt O 0 0 0 0 CD to to r+ N 01 LI I--, N J N (0 W NJ l0 CO N U1 .A (0 N (0 01 ,A OD .A CO NJ I.,, l0 U1 J 0 01 to t/) 1.--, 01 /�� _ l0 .A W I-+ i-, V3 U7 fC J J 01 W0 (0 CO CO ro U7 .A N 01 N CO I-., O W .A I--, N .4. l0 0 N 0\ co N U7 Lc O 0 0 in en CO c., w H w CA U7 w CO I-, J W I-, U7 01 03 I-. 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'i 9 r- IL/ 31, /0 s '7 1 n- 3 ,)) , 3 3 ac G s' /y 03, y 7 3 )- y ti 2 tly, / S 3 .3 1 3 I / a /3 ,r' L, .2 .- 4 , 9 `I 7 .3 I o ell, z hi If 1 ll 4 0, a l 3. / Z E / SI //3 agc, •Ir . 31' 0 2P- / 2 ` 00 [7:777 • 3 3 G r4Y ) 3 a. ( 3 3( /o /1 tt, l w 3, y /z 7, / 9, /t /v (Or /11 /0 1" 3 (). 4 / 13, e I) t((, 7 S1) tJ, 1 /o (1, s' �-6 r= z1/ ) 316S-' 00D t (7r S, 1- (5( II \ t au 3 a�, Y X, LI 6t3o ( 6 07o}-0,�g 13 — 3ff • 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 ' % ,.` fit r f •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