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HomeMy WebLinkAboutIII (A) Approval and Acceptance of Various Minutes of City Commissions Regular Meetings Agenda 10-21-97 Item III .A\_ o) d 1 MINUTES OF THE CITY OF OCOEE REGULAR CITY COMMISSION MEETING HELD OCTOBER 7, 1997 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission Chambers. Pastor Ernie Post, West Oaks United Methodist Church, led in the prayer and Hilda Ems led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Howell and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Planning Director Wagner, Director of Community Relations/Projects Resnik, Building Official Flippen, Fire Chief Strosnider, Assistant Fire Chief Firstner, Acting Recreation Director Nordquist and City Clerk Grafton. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS PRESENTATION - FIRE DEPARTMENT'S PRESENTION OF COMMEMORATIVE BELT BUCKLES TO MAYOR, CITY COMMISSION AND CITY MANAGER. Fire Chief Strosnider gave a brief history of the Ocoee Fire Department, and had the on duty Fire Department shift present commemorative belt buckles to the Mayor, City Commission and the City Manager. PROCLAMATIONS- Mayor Vandergrift read the following proclamations: WELCOMING THE BUTTERFLY TO THE CITY OF OCOEE-AUGUST THROUGH OCTOBER. FLORIDA CITY GOVERNMENT WEEK- OCTOBER 19-25, 1997. CONSENT AGENDA The consent agenda consisted of items A and B. Commissioner Anderson corrected the September 16, 1997, minutes, under Non-Agenda Item, changing Police Chief Mark to Bob Clark as the other participant in the golf tournament. Commissioner Anderson, seconded by Commissioner Parker, moved to approve the consent agenda as corrected. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of September 16, 1997, and the Minutes of Meetings Regarding the Hiring of City Manager: Work Sessions January 18, 1996, January 4, 1997, January 14, 1997, January 24, 1997, February 7, 1997, April 8, 1997, April 9, 1997 and April 15, 1997; Special Sessions January 18, 1996,January 28, 1997,February 11, 1997,April 8, 1997 and April 9, 1997. B. Approval and Authorization for Mayor and City Clerk to execute Fourth Amendment to the Intergovernmental Agreement with Greater Orlando Aviation Authority. Ocoee City Commission Regular Meeting ' [� U 111 October 7, 1997 Ull w u COMMENTS FROM CITIZENS/PUBLIC Mr. David Uslau, President of the Rotary Club of Ocoee, introduced Peggy Isaacson, Chairperson of the Community Service Committee. Mrs. Isaacson spoke of Bicycle Safety First, announced that the Free Wheeling Safety Fest would be held October 25, 1997, at the Albertsons on Silver Star Road and Clarke Road, and asked that the City support the Safety Fest. For more information call 290-1146. Commissioner Anderson, seconded by Commissioner Glass, moved to support the free Wheeling Safety Fest as a Gold Sponsor and donate $1000 from the Community Promotion account. Motion carried 5-0. Mrs. Silvia Roan, Coordinator of Alternative Resource Center (ARC), distributed flyers to the Commission regarding the services provided by ARC, and explained that the program is designed to help parents and teens sort out the challenges they face. Headquartered at Westside Vocational Technical Center, the services are available free of charge to the parents and students of all 15 schools located in West Orange County. Mrs. Roan stressed the need for volunteers as well. RECESS -7:44 p.m. - 8:00 p.m. ANNOUNCEMENTS BY COMMISSIONERS The announcements made by Commissioners Anderson and Parker at this point were repeated under Commissioners Comments. (See Commissioners Comments) PUBLIC HEARINGS SECOND READING OF ORDINANCE NO. 97-20, CHANGING MUNICIPAL ELECTION DATES TO 2ND TUESDAY IN MARCH. City Attorney Rosenthal read this Ordinance by title only. This Ordinance was presented in response to a request from the Orange County Supervisor of Elections, who had encouraged the municipalities in Orange County to set a uniform election date, suggesting the Presidential Preference Primary as a logical time. Mayor Vandergrift said that this Commission was already on record as doing this reluctantly, as the preferred time for elections was the November date that all are accustomed to. The public hearing was opened. As no one wished to speak,the public hearing was closed. Commissioner Anderson, seconded by Commissioner Glass, moved to adopt Ordinance 97-20 as presented. Motion carried 5-0. 2 r fl Ocoee City Commission Regular Meeting � n October 7, 1997 U� OTHER BUSINESS FIRST READING OF ORDINANCES. SECOND READINGS AND PUBLIC HEARINGS SCHEDULED FOR OCTOBER 21, 1997 AT 7:15 P.M. City Attorney Rosenthal read Ordinances 97-21, 97-22, 97-23, 97-24, 97-25 and 97-26 by title only. Mayor Vandergrift announced the second readings and public hearings to be October 21, 1997 at 7:15 p.m. ORDINANCE No. 97-21, ANNEXATION - CASE No. AR-97-03-02: WEST OAKS UNITED METHODIST CHURCH. ORDINANCE No. 97-22, ZONING- CASE No. AR-97-03-02: WEST OAKS UNITED METHODIST CHURCH. ORDINANCE No. 97-23, AMEND COMPREHENSIVE PLAN - CASE No. CPA-97- 001: JOINT VENTURE. ORDINANCE No. 97-24,REZONING- CASE No. R-97-03-03: JOINT VENTURE. ORDINANCE No. 97-25,REZONING- CASE No. R-97-07-05: GOMES. ORDINANCE No. 97-26, REZONING - CASE No. R-97-07-06: SAFE STOR OF OCOEE. ORDINANCE No. 97-27, AMENDING GENERAL EMPLOYEE RETIREMENT TRUST FUND ORDINANCE No. 96-19. City Attorney Rosenthal read this Ordinance by title only. City Manager Shapiro explained that the new Ordinance would permit employer and employees to make a higher contribution toward their retirement. ORDINANCE No. 97-28, AMENDING POLICE OFFICERS'/FIREFIGHTERS' RETIREMENT TRUST FUND ORDINANCE No. 96-20. City Attorney Rosenthal read this Ordinance by title only. City Manager Shapiro said this accomplishes the same as the General Employees Ordinance. ORDINANCE No. 97-29, AMENDING PERSONNEL RULES AND REGULATIONS RE: CITY MANAGER. City Attorney Rosenthal read this Ordinance by title only. City Manager Shapiro explained this Ordinance had been created per Commission's request and prepared by Labor Attorney Reynolds. ORDINANCE No. 97-30,REQUIRING ZONING DISCLOSURE SIGNS. City Attorney Rosenthal read this Ordinance by title only. City Manager Shapiro explained that this Ordinance would require all developers and people selling parcels of land in the City to provide an appropriate sign stating where the zoning categories and other information pertinent to those categories are located. 3 riL Ocoee City Commission Regular Meeting October 7, 1997 Mayor Vandergrift announced the second readings and public hearings for Ordinances 97-27, 97-28, 97-29 and 97-30 to be October 21, 1997, at 7:15 p.m., and asked Commissioners to save this portion of their packet, and bring all of these ordinances to the next meeting for the public hearings. DISCUSSION/ACTION RE: GRANT APPLICATION FOR EMERGENCY MANAGEMENT. Assistant Fire Chief Firstner presented the staff report and explained that the City was requesting funding for a Self-Sufficient Mutual Aid Emergency Response Unit that will increase the Fire Department's capability to respond to local disasters. Mayor Vandergrift, seconded by Commissioner Anderson, moved to approve the proposal and have the Fire Department proceed in applying for the grant and authorizing the Mayor to execute the necessary documents. Motion carried 5-0. DISCUSSION/ACTION RE: FUNDING OF SENIOR PROGRAM(OVER 65 PROGRAM) City Manager Shapiro presented the staff report and explained that as part of the Budget Workshop discussions earlier this year, Commission determined that the funding for the current Over 65 Program would be placed in the General Fund Contingency so that this issue would not hold up the City Commission budgetary approval process. Commissioner Anderson, seconded by Commissioner Howell, moved to fund the Senior Program as described in the staff report. Motion carried 3-2. (Commissioners Glass and Parker voted no.) DISCUSSION/ACTION RE: SET MEETING FOR 6:00 P.M. OCTOBER 21, 1997 TO DISCUSS IAFF. City Manager Shapiro asked Commission to call a meeting out of the sunshine for the purposes of updating on Public Employee Relations Commission Law and to discuss proposed negotiations with the IAFF, Local Number 3623 on October 21, 1997, at 6:00 p.m. Labor Attorney Reynolds Allen would be present to answer questions on the changes to the Perc. Commission reached consensus to call this meeting. DISCUSSION/ACTION RE: APPOINTMENT TO RECREATION ADVISORY BOARD: MR. DAUGHTRY UNABLE TO ATTEND MEETINGS. TERM EXPIRES APRIL 1999. Acting Recreation Director Nordquist presented the staff report and asked that Former Recreation Director Jim Beech be appointed to the Recreation Advisory Board to complete Mr. Daughtry's term. Commissioner Glass, seconded by Commissioner Howell, moved to appoint Mr. Jim Beech to complete Mr. Daughtry's term, and to direct staff to look into increasing the size of the Recreation Advisory Board. Motion carried 5-0. 4 Ocoee City Commission Regular Meeting � October 7, 1997 r�' I j DISCUSSION/ACTION RE: LEGISLATIVE CONSULTANT FEE. City Manager Shapiro presented the staff report and spoke in favor of retaining Mr. Oscar Juarez as the legislative consultant for the three cities again this year. Following a brief discussion regarding the issues to present, Mayor Vandergrift spoke of a proposed site to build a school complex within the City limits. Commissioner Anderson, seconded by Commissioner Howell, moved to approve the City contributing $11,463.00 to the City of Apopka as Ocoee's share for the retaining of a legislative consultant for the 1998 legislative session. Motion carried 5-0. Mayor Vandergrift announced that there would be a town meeting on October 30, 1997, at 7:00 p.m. DISCUSSION/ACTION RE: CHANGE ORDER REQUEST No.2 FOR PRIORITY 1 CONSTRUCTION OF BREVARD,INC. FOR FIRE STATION No.3 & 4. Fire Chief Strosnider presented the staff report and explained that most modifications in Change Order No. 2 were to Fire Station No. 4. Mr. Shapiro explained that this oversight was not entirely the contractor's fault and that the cost probably should be shared with Gee and Jenson. Commissioner Anderson, seconded by Commissioner Howell, moved to approve Change Order Request No. 2 with Priority 1 Construction of Brevard, Inc. by increasing the contract amount by $10, 898.36 and authorize the Mayor and City Clerk to execute the document. Motion carried 5-0. DISCUSSION/ACTION RE: STORMWATER PROJECTS. City Engineer/Utilities Director Shira presented the staff report regarding drainage problems at 2001 Shari Lynn Terrace and Century Oak Drive/Abbey Ridge, and said staff had recommended hiring Sunshine Construction and Development Corporation because in their previous work for the City of Ocoee they had done a good job. Commissioner Howell asked how these items were being processed when Sullivan ditch is still waiting. Mr. Shira responded that it was in the next group. Commissioner Anderson, seconded by Commissioner Glass, moved to authorize the Sunshine Construction and Development Corporation to proceed with repairs on Shari Lynn Terrace immediately for $10,440.00, and also authorize Sunshine Construction and Development Corporation to begin construction of the two new inlets on Abbey Ridge for the not-to-exceed amount of$16,116.50. Motion carried 5-0. 5 Ocoee City Commission Regular Meeting October 7, 1997 DISCUSSION/ACTION RE: COORDINATED SIGNAGE PROGRAM - WEST OAKS ACTIVITY CENTER. Director of Planning Wagner presented the staff report, in which he gave an overview of the . Coordinated Signage Program. He recommended that Commission formally adopt the excerpts from the West Oaks Mall Sign Criteria Manual, attached to the staff report, as the formal coordinated signage identification system program for the West Oaks Activity Center. Commissioner Howell, seconded by Commissioner Glass, moved to adopt the attached West Oaks Mall Sign Criteria as the established Coordinated Signage Identification System Program for the West Oaks Activity Center in accordance with the provisions of Section 8-1 of the Ocoee Land Development Code. Motion carried 5-0. STAFF REPORTS -None. COMMISSIONERS COMMENTS Commissioner Howell: 1) Announced the School Board meeting Wednesday, October 8 at Spring Lake Elementary School at 10:00 a.m. and expressed appreciation to those who attended the last meeting. 2) Confirmed that Mayor and City Commission were invited to help celebrate the Bulldog Homecoming October 18 at 6:00 p.m. (after Founders' Day). 3) Thanked Commissioner Anderson for sending letters to the School Board members inviting them to attend the meeting Wednesday. 4) Reported that the City had cut and cleaned out Sullivan Ditch. 5) Asked for progress report on the turn arrow at A.D. Mims/Clarke Road intersection. Mr. Shapiro advised that the signage had been done to slow down traffic and a traffic study is presently being done. A report will follow. Mayor Vandergrift recalled that he had sent information for staff to attend meetings of a safety group in Orlando who could get this done more quickly if they were contacted. 6) Reported that the dunking booth that was proposed for Founders' Day would not be available, so Commissioner Parker may miss an opportunity to be christened. Commissioner Anderson suggested borrowing the one being used for the Red Bandana barbeque. 7) Thanked City Manager for putting the funeral escort service into effect promptly. 8) Thanked Fire Department for the belt buckles presented earlier in the meeting, and said he was very proud of the department for doing a good job. Commissioner Anderson: 1) Repeated his announcements made earlier regarding (a)the Red Bandana barbeque at the newly rebuilt West Orange Country Club on October 17, (b) Founders' Day, 9am-4pm October 18, ©Bulldogs Homecoming, 6 pm October 18, (d) Lion's Club Turkey Shoot at the Roper/Auto Auction property, (e) Traffic study at Spring Lake Elementary School Wednesday morning. 2) Discussed the 2 mile non-bussing radius for school children, and asked Commissioner Glass to include that issue in his Public School Construction Study Commission discussions 6 Ocoee City Commission Regular Meeting October 7, 1997 I I -6.3 [--A RECESS 9:15 p.m. - 9:20 p.m. J _ Commissioner Glass 1) Responded to Commissioner Anderson that the issue of bussing and the 2 mile walk area is already part of the discussion and is a state-wide problem; therefore,the commission probably will be making recommendations to legislature. 2) Reported that the Public School Construction Study Commission will meet in Orlando on Friday,November 7 at 8:30 a.m. at a location to be announced at a later date, 3) Asked that the explanatory language on the consent agenda be continued, as it was omitted on this agenda. 4) Ballots on the referendum on the 7th cent infrastructure sales stir tax will be arriving in next week's mail. Encouraged all to vote and return the ballot promptly. Commissioner Parker: 1) Complimented Planning Department for the exhibits attached to their rezoning requests. 2) Founders' Day parade will be held at 9:00 a.m. October 18, arts and crafts all day, food booths, Withers-Maguire House tours, historic displays, moon walk,raffle, and opportunities to humiliate elected officials for charity. The charity is Birthday Pals, founded by an Ocoee family who lost 3 children to terminal illnesses. They send birthday cards to 3500 children with life threatening illnesses. Mayor Vandergrift: 1) Asked for input regarding a letter he will be sending regarding the Town Meeting scheduled for 7:00 p.m. on October 30 in the commission chambers to discuss what each person can do to help our schools. The letter is to be sent inviting the governor, state officials, school cabinet members, state legislative delegation,U. S. Senators, Congressman Mica, Congressman McCollum, school board and superintendents, school principals from Ocoee Elementary, Spring Lake Elementary, Ocoee Middle, West Orange High, Whitney, and Clarcona, and said he wants to show some property to them that he feels would be suitable for a school complex. 2) Announced again the bike Safety Fest sponsored by the Rotary Club. 3) Displayed a map showing bike trails, rails to trail, and horse trails throughout the City that he has devised and asked for input. He said also that canoe trails would be possible on Starke Lake and Lake Prima Vista. Mr. Shapiro said that Janet has contacted Ben Biscan to have a meeting to determine how interested the railroad is in pursuing this. He then advised that information was available on the receptionist's counter regarding the 7th cent sales tax. Mayor Vandergrift asked to be included in the meeting with Mr. Biscan. 4) Suggested forming a committee to develop the idea of the trails in the City. 7 Ocoee City Commission Regular Meeting October 7, 1997 ADJOURNMENT The meeting was adjourned at 9:35 p.m. Attest: APPROVED: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 8 Agenda 10-21-97 r o [-b," Item III A U Lf - MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD NOVEMBER 5, 1996 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commission chambers. Commissioner Anderson led in the prayer and Mrs. Frances Watts led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Building Official Flippen, Finance Director Horton, Public Works Director Corwin, Planning Director Wagner, Senior Planner Horne, Recreation Director Beech, City Engineer/Utilities Director Shira, Assistant City Engineer Wheeler, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS PRESENTATIONS PLAQUE OF APPRECIATION TO TANYA MILLER-MCCALLISTER FOR SERVICE AS PENSION BOARD TRUSTEE FROM DECEMBER 17, 1991 TO SEPTEMBER 30, 1996. Mayor Vandergrift presented the plaque to Mrs. Miller-McCallister and expressed appreciation for her years of service as General Employee Retirement Trustee to the employees and citizens. REQUEST FOR SUPPORT FOR LITTLE MISS OCOEE PAGEANT - CADET GIRL SCOUT TROOP #289 - DEBRA CHAUDI RY. Ms. Debra Chaudhry introduced Scout Rebecca Blunt, Troop 289, who read a request for support for her troop to host the Little Miss Ocoee Pageant. Ms. Chaudhry explained the good that the pageant would do for the community, asked that the City endorse the concept of their troop sponsoring the project and then she introduced the rest of her troop. During the ensuing discussion, concern was expressed that someone may already be using that name and Mrs. Chaudhry was asked to research and get back with City Manager Shapiro. Mayor Vandergrift, seconded by Commissioner Anderson, moved to endorse the concept of Troop 289 sponsoring the Little Miss Ocoee Pageant if there were no conflicts. Motion carried 5-0. CERTIFICATE OF ACHIEVEMENT IN FINANCIAL REPORTING- TO FINANCE DIRECTOR HORTON AND FINANCE DEPARTMENT. Mayor Vandergrift read from the Certificate of Achievement in Financial Reporting awarded by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports achieve the highest standards in government accounting and financial reporting. He then presented the achievement award to Finance Director Horton and the M _1 Ocoee City Commission Regular Meeting November 5, 1996 Finance Department noting that this was the eighth consecutive year they have received this award. PROCLAMATIONS: Mayor Vandergrift read the following proclamations: Bible Week - November 24 to December 1, 1996. Home Care Month - November 1996. National Notary Public Day - November 7, and National Notary Public Week- November CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, and F. Following a brief discussion regarding item D, Mayor Vandergrift, seconded by Commissioner Glass, moved to approve the consent agenda as presented. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of October 15, 1996. B. Approval and Authorization for Mayor and City Clerk to execute Wesmere Villages 6 & 7 (Fenwick Cove) - Final Subdivision Plan. C. Approval and Authorization for Mayor and City Clerk to execute Wesmere Villages 8 & 9 (Cheshire Woods) - Final Subdivision Plan. D. Approval and Authorization for Temporary Closing of a Public Street (a portion of Prairie Lake Boulevard). E. Approval and Authorization for Mayor and City Clerk to execute Annexation Agreement for Water/Sewer Service for Carpenter Property. F. Approval and Authorization for Mayor and City Clerk to execute Temporary Construction Easement Agreement with Rimos Holdings, Inc. for Parcels 706 and 708. RECESS 7:55 p.m. - 7:57 p.m. COMMENTS FROM CITIZENS/PUBLIC Francis Watts, 43 Shell Key Court, read a request for help for Teach-In '96, which will take place on Wednesday, November 20, 1996. Mrs. Watts then advised the board that she had the forms for all who were interested in participating in this event, and that the forms should be returned to Judie Breland at the Ocoee Middle School or to call Judie at home for more information at (407) 877-5035. Nancy Parker, Sawmill Homeowners Association, reported that as of February '97, Sawmill will be in the Ocoee 34761 zip code mailing district officially. City Manager Shapiro stated for the record, that both the easements will be on the next agenda. GPM Ocoee City Commission Regular Meeting November 5, 1996 Steve Adams, Aristocrat Homes,P. O. Box 915221, Longwood, 32791, commended the Commission for their proclamation on Bible week. Mr. Adams then explained that Code Enforcement was making Aristocrat Homes remove all of their developer signs.for either being too big or being in the wrong place or face a fine of up to $250 a day. Mr. Adams felt that Aristocrat Homes was being discriminated against and that all they were requesting is to have an even playing field and have their developer signs put back up. City Manager Shapiro said that he would have Building Official Flippen and Staff research and then get back to Commission. Sherry Allegroe, 1272 Pin Oak Drive, Orlando, introduced Carol Davis, Chairman of the West Orange Jaycees Public Relations Award. Mrs. Davis reported that, of the names submitted from this area, three were statewide winners: Mrs. Nancy Roberts, Educator, Antonio Tarver, Bronze Medal for Boxing, Commissioner Jim Gleason, Good Government Award. Commissioner Gleason speaking as a citizen, expressed concern about the caliber of the movies being shown at the Star Lite Drive-In over the Halloween holiday and asked that care be taken not to have such movies in the future. Mr. Al Behrens, volunteer at the drive in, advised that the movies were made in 1950 and 1971 and were not as offensive as many programs on TV. Former Commissioner Combs, 310 Sabinal Street, recalled that some of the films had been shipped using the City Hall UPS account and he asked if that had been stopped. (It had .) Mr. Kevin Calvern, Star Lite Drive In Operations Manager, took responsibility for the film choice and said that the films were neither pornographic nor gory...just typical of those shown 20 years ago. RECESS 8:40 - 8:50 Item VI I was discussed here but the action taken will be reflected in its normal place in the agenda. PUBLIC HEARINGS SECOND READING: ORDINANCE No. 96-22, NON-SUBSTANTIAL AMENDMENT TO REVISED LAND USE PLAN FOR PLANTATION GROVE PUD. City Attorney Rosenthal read the Ordinance by title only. Senior Planner Home gave the Staff Report and explained that the City of Ocoee, on behalf of the owner, is requesting a Land Use Plan Amendment that will: (1) relocate the proposed fire station/ public services building 3 �) Lru L.11 Ocoee City Commission Regular Meeting November 5, 1996 from Tract N to Lot 6 (Opus South); and (2) permit a storm water retention pond to be located on Tract N. On October 7, 1996, the DRC: (1) found the requested revision to be a Non- Substantial Amendment; (2) unanimously approved the proposed Non-Substantial Amendment including revisions to the Land Use Plan; and (3) forwarded the application to the City Commission for approval. Based on these actions, Staff recommended that the City Commission adopt Ordinance 96-22 approving the proposed Non-Substantial Amendment, including revisions to the Land Use Plan. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Gleason, seconded by Commissioner Johnson, moved to adopt Ordinance 96-22 approving the proposed Non-Substantial Amendment, including revisions to the Land Use Plan. Motion carried 5-0. RECESS 9:31 p.m. - 9:40 p.m. Commissioner Johnson did not return to the table at the time the meeting reconvened. OTHER BUSINESS FIRST READING: ORDINANCE No. 96-23, RELATING TO MAYOR/COMMISSIONER SALARIES. Second Reading and Public Hearing are scheduled for November 19, 1996 at 7:30 p.m. City Attorney Rosenthal presented this Ordinance by title only for the first reading. Mayor Vandergrift announced the time, date and place of the second reading and public hearing. AUTHORITY TO SOLICIT RFP FOR TRANSPORTATION PLANNING CONSULTANT. Director of Planning Wagner gave the Staff Report and explained that, under the Consultants' Competitive Negotiations Act (CCNA) and the policies and procedures of the City of Ocoee, a formal process must be followed to secure continuing consulting services. In this case, transportation planning consulting services would be sought through a formal request for proposals (RFP). The selection process would then involve a committee, to include the Director of Planning, City Engineer/Utilities Director, Public Works Director, Capital Projects/Concurrency Analyst, and a member of the City Commission, who would rank the top firms. Those firms would then make presentations to the City Commission who would make the final decision. Staff recommended (1) the approval of the hiring of a transportation planning consulting firm, (2) direction to staff to begin the formal RFP process, and (3) the appointment of a member of the City Commission to sit on the selection committee. Commissioner Gleason, seconded by Commissioner Anderson, moved to (1) approve the hiring of a transportation planning consulting firm, (2) direct staff to begin the formal RFP 4 FP Ocoee City Commission Regular Meeting C [ i J November 5, 1996 process, and (3) appoint Commissioner Glass to sit on the selection committee. Motion carried 4-0. Commissioner Johnson was not present at the table for the vote. ASSIGNMENT OF COMMERCIAL SOLID WASTE COLLECTION FRANCHISE AGREEMENT FROM WESTERN WASTE INDUSTRIES TO JENNINGS ENVIRONMENTAL SERVICES, INC. Director of Public Works Corwin was present to answer any questions. Commissioner Gleason, seconded by Commissioner Anderson, moved to approve the assignment of the Western Waste Services franchise to Jennings Environmental Services, Inc. as recommended by Staff. Motion carried 4-0. Commissioner Johnson was not present at the table for the vote. WORK ORDER#2 FOR GEE & JENSON FIRE STATION SITES 3 & 4. Work Order # 2, totaling $147,333.00, included civil, traffic engineering, landscape and irrigation, architectural, structural, mechanical, plumbing and fire protection, and electrical work for both fire stations 3 and 4, which are to be identical in structure. One will be erected at Plantation Grove Shopping Center and another at Clarke Road. The staff report explained that Work Order #1 had been for the temporary fire station, but when the costs approached $200,000, staff elected to place that project on hold. Fire Chief Strosnider was present to answer any questions. Commissioner Gleason asked if the City was allowing additional space for the Fire Stations. Fire Chief Strosnider said yes. Commissioner Glass, seconded by Commissioner Anderson, moved to approve Work Order #2 for Gee & Jenson Fire Station Sites 3 & 4. Motion carried 4-0. Commissioner Johnson was not present at the table for the vote. WORK ORDERS #2, 2A, 2B, AND 2C FOR GEE & JENSON FOR SCHEMATIC DESIGN OF RECREATIONAL MULTI-PURPOSE BUILDING. Recreation Director Beech was present to answer any questions and explained that, thanks to City Engineer Shira and Staff, the figures on the report are $44,000 less. Commissioner Gleason, seconded by Commissioner Anderson, moved to approve Work Orders #2, 2a, 2b, and 2c for Gee & Jenson for Schematic Design of recreational Multi- Purpose Building. Motion carried 4-0. Commissioner Johnson was not present at the table for the vote. CHANGE ORDERS#1 & 2 FOR BOAT RAMP PROJECT. City Engineer Shira was present to answer any questions. 5 icQ Ocoee City Commission Regular Meeting November 5, 1996 Mayor Vandergrift, seconded by Commissioner Glass, moved to authorize the transfer of $8,078.33 from General Fund Contingency to fund this change order, and to execute Change Order No. 1 and change Order No. 2 in the amounts of $3,847.28 and $11,199.00. Motion carried 4-0. Commissioner Johnson was not present at the table for the vote. CITY HALL SIGN. Director of Public Works Corwin advised that Commissioner Anderson had requested that the placement of the sign be brought before Commission for clarification and a vote. He said a suitable location had been studied and that the City Hall sign had been placed parallel to Bluford Avenue rather than perpendicular because such placement would enable citizens to read the sign while entering the complex without causing a traffic hazard. He said that, due to budget constraints, the sign was constructed to have information on the street side only. There was discussion regarding whether this was the Commission's intent. Mr. Corwin also presented four options for colors for the sign: rust with green base, yellow with rust base, green with rust base, and yellow with green base. Commissioner Johnson returned to the table during this discussion. Commissioner Anderson, seconded by Mayor Vandergrift, moved to make the City Hall Sign perpendicular. Motion carried 3-2. Commissioner Glass and Commissioner Gleason voted no. Commissioner Johnson, seconded by Mayor Vandergrift, moved to put the City Hall Sign on the North side. Motion lost 2-3. Commissioner Anderson, Commissioner Glass, and Commissioner Gleason voted no. Commissioner Johnson, seconded by Commissioner Gleason, moved to put the City Hall Sign per Staff's recommendation. Motion carried 3-2. Mayor Vandergrift and Commissioner Anderson voted no. City Attorney Rosenthal explained that this last motion overrules the decision in the first motion that the sign be perpendicular. With the decision regarding the placement of the sign settled, Commission reviewed the color choices and reached consensus on the green with rust base which was the lower left picture of the choices provided in the Staff Report. CHANGE ORDER #1 FOR CONTINUING HORIZONTAL CONSTRUCTION SERVICES CAPITAL IMPROVEMENTS PROJECTS No. 1 & 6 (GEORGETOWN). Assistant City Engineer Wheeler advised that this Change Order #1 increasing the contract amount by $34,492.00 and extending the contract time by fourteen days was initiated by Staff 6 -P y Ocoee City Commission Regular Meeting November 5, 1996 and was made necessary due to PEC's oversight in not including the one property that has the worst drainage problem on Dovetail Court in their estimate. He said the City will be paying no dollars for this, as PEC will absorb the overage. Commissioner Gleason, seconded by Commissioner Glass, moved to approve Change Order No. 1 by increasing the contract amount by $34,492.00, with an extension in contract time of fourteen calendar days. Motion carried 4-0. Commissioner Johnson was not present at the table for the vote. Commissioner Glass requested that PEC write a letter of apology to Mr. Fergus, the owner of the Dovetail Court property. REPORT ON POTENTIAL LAND ACQUISITION FROM THE EXPRESSWAY AUTHORITY. In response to Commission direction to attempt to find a suitable site for the West Orange Girl's Club on which to construct a new facility to replace their current facility on Story Road, City Manager Shapiro reported that a parcel is being investigated which may suit the needs of both the Wastewater Utilities for spreading effluent and also the WOGC for its playing facility. However, as there were more tests necessary, it was still uncertain whether the site would be suitable as an effluent site, and if not, it could not be purchased with Utility funds. Mrs. Jeanne Gold spoke on behalf of the West Orange Girls Club. Mrs. Betty Hager also spoke to the issue. Commission reached consensus to continue cooperating with the West Orange Girls Club. EPA NPDES INTERLOCAL AGREEMENT WITH ORANGE COUNTY PROVIDING FOR JOINT CONTROL OF POLLUTANTS. City Engineer Shira was present to answer any questions. Mayor Vandergrift, seconded by Commissioner Gleason, moved to approve the Interlocal Agreement Providing Joint Control of Pollutants Between Municipalities, Valencia Water Control District, FDOT and Orange County Within Unincorporated Orange County, and authorize the Mayor and City Clerk to execute the agreement. Motion carried 4-0. Commissioner Johnson was not present at the table to vote. SALE OF PARCELS OF LAND LOCATED AT 102 W. OHIO STREET AND AT 703 CALIFORNIA AVENUE OWNED BY THE CITY OF OCOEE. City Manager Shapiro announced that Palm Tree Properties pulled its bid for the properties in question. Commissioner Johnson explained that Palm Tree Properties pulled its bid for the properties located at 102 W. Ohio Street and 703 California Avenue to determine the legality of the purchase of the properties. Commissioner Gleason informed the Commission 7 Ocoee City Commission Regular Meeting November 5, 1996 that Pastor Laird of the First Baptist Church of Ocoee was interested in the purchase of the properties. Commissioner Anderson moved to remove 102 W. Ohio Street from the list of surplus. Motion died for lack of second. City Attorney Rosenthal explained that, because it is an asset of the Utility Fund, it would be better for Staff to check if the property is needed by the Utility Fund, and if not, and the City wishes to keep the property, the City could move the property into General Funds. City Manager Shapiro said that there was no reason for the Utility Fund to own this property. Commissioner Gleason, seconded by Commissioner Glass, moved to offer the property for re-bid and allow the church, and any one else, the opportunity to submit a contract. Motion carried 3-2. Mayor Vandergrift and Commissioner Anderson voted no. ESTABLISH SELECTION PROCEDURES FOR REVIEW OF CITY MANAGER APPLICATIONS. In the discussion regarding the procedure to be used in choosing a City Manager, Commissioner Johnson said that he would only vote for Mr. Shapiro for that position and so would not be taking part in the review process. Consensus of the rest of the Commission was reached that each member would bring his top 10 choices and a list would be compiled from those lists. Commissioner Glass asked whether those resumes dated as received October 31 should be considered, and it was determined that those were postmarked October 31. Consensus was to have a work session Tuesday night 7:00 p.m. November 12, 1996. ADDENDUM TO AGREEMENT WITH PEC FOR SUPPLEMENTARY DESIGN SERVICES FOR STORY ROAD/KISSIMMEE AVENUE AND MARSHALL FARMS/MAGUIRE ROAD INTERSECTION IMPROVEMENTS PROJECT. Assistant City Engineer Wheeler gave the Staff Report and explained that PEC proposes to provide the supplementary design and construction phase engineering and inspection services for the not to exceed fee of $131,409.00 - $28,903.00 for post design and $102,806.00 for construction phase services. The estimated construction cost is approximately $1,198,000.00. PEC's total design fee including this amendment is $153,220.00, which represents approximately 12.8 percent of the construction cost. PEC's total construction fee is $102,506.00. which represents approximately 8.6 percent of the construction cost. Staff recommended approval. Commissioner Gleason, seconded by Commissioner Glass, moved to authorize the Mayor and City Clerk to execute Addendum No. 96-5 in the not-to-exceed amount of $131,409. Motion carried 4-0. Commissioner Johnson was not present at the table to vote. 8 Ocoee City Commission Regular Meeting - �L Li, November 5, 1996 COMPLETION OF CLARKE ROAD- SILVESTRI PROPERTY. City Engineer Shira gave the Staff Report and explained that the redesigned intersection has resulted in an increase in the contract amount due to the need for additional pond excavation, additional and larger diameter pipes, and other increases in quantities and labor. This increased amount is $91,190.03 which is the City's cost to bear and would be paid from the Road Impact Fee Fund. Mr. Shira said the cost may be adjusted up or down by approved change orders. Commissioner Glass, seconded by Commissioner Johnson, moved to execute this agreement regarding completion of Clarke Road and authorize the expenditure of the City's cost from Road Impact Fee Funds. Motion carried 4-0. Mayor Vandergrift was not present at the table to vote. APPOINTMENTS TO BOARD: CITIZENS ADVISORY COUNCIL TO POLICE DEPARTMENT - JOHN CASISA, YVETTE BURST, AND DEAN RICHARDS- 3 YEAR TERMS EXPIRE DECEMBER 1996. Commissioner Glass, seconded by Commissioner Gleason, moved to reappoint John Casisa and Dean Richards to the Citizens Advisory Council to the Police Department for three year terms. Motion carried 4-0. Mayor Vandergrift was not present at the table to vote. STAFF REPORTS None COMMENTS FROM COMMISSIONERS Commissioner Johnson: 1) Referring to the property along Ridge Field, asked when the deeding of the property back to the homeowners was going to happen, as the meters are all moved. City Manager Shapiro will get the answer from City Engineer Shira and respond. 2) The citizens in that area do not have water pressure, as when the meters were moved they were not attached to the new line. 3) Reported that when a trailer was removed from Pioneer Key Park II they went through the fence and it needs to be repaired in a way that will stay. Commissioner Anderson: 1) Said that at the last meeting staff was directed to bring back the figures regarding the savings on the Senior Program resulting from ending the ad valorem tax rebate. Mr. Shapiro advised that the trip to New York disrupted the routine and he would give a written report. 2) Water pressure is low on Orange Avenue. 3) Said that in the West Orange Chamber Leadership Program the participants can ride with Winter Garden police or the Orange County Sheriff's department, but not the City 9 Ocoee City Commission Regular Meeting • T ,`� !�;� J U November 5, 1996 of Ocoee's police, and he asked if that was because of an insurance problem. Mr. Shapiro said he would report. 4) Noted that the SOS volunteers were manning the telephone for this meeting and the Jaycees had shown up as well, and asked if someone could coordinate the use of volunteers. Mayor Vandergrift said he would be happy to turn that over to someone. 5) Asked if the City or DOT put the reflectors on Highway 50. Probably DOT. Commissioner Glass: 1) Asked about the information he had requested regarding the use of golf course tickets. Mr. Shapiro advised that the response was in his mailbox. 2) Announced the Festival/Auction at St. Lukes Church this Saturday. 3) Announced the RSVP number. Commissioner Gleason: 1) Asked if the medians on the north part of Clarke Road were still being maintained. 2) Said that a young lady in his neighborhood who finds areas for movie shoots had been advised by someone not to go to Ocoee because it takes so long to process a permit and he asked if there was a way to speed up the process. Mayor Vandergrift: 1) Congratulated Sawmill on getting the Ocoee zip code, and said the only annexed land left with a zip code other than Ocoee is the golf course. 2) Reported that Betty Goble died last week and offered condolences to those who loved her. 3) Would like to see the weeds cleaned up on this side of Starke Lake. Mr. Shapiro reported that he has 3 quotes to clean the weeds and replant and the price was approximately $9,200. 4) A right hand turn lane is needed at Bluford and Highway 50 going south, and should also extend the other turn lane 100' and get rid of all the poles. 5) Received a complaint from Reflections regarding the gates on the retention ponds. He suggested covering the fences with confederate jasmine to improve the appearance. 6) Again asked for a map of city owned land. 7) Would prefer to make parks of land not being used otherwise instead of selling it. 8) Reported a dead tree hanging over the road on the west side of Bluford Avenue about 200 yards from intersection of Bluford and Highway 50 going north. 9) Reported that the basketball courts at Vignetti Park are too slick for safety. 10) Announced the Veteran's Day program November 11, 1996 at the Gazebo and also an earlier program at Woodlawn Park, and invited all to take part in the ceremonies. 11) Commended Employee Committee on the awards program, but suggested that the gift certificates to the Mall might also be cash or a savings bond so that the recipient could 10 ', Ocoee City Commission Regular Meeting Liu i,\� �� L November 5, 1996 possibly use it for car repair or other need not covered by shops in the Mall. 12) Where is the plan for handling the exposed pipe on Center Street? Mr. Shapiro advised that the report may have been disrupted by the trip to New York. 13) Asked that a regular memo to the elected officials be initiated covering some of the developments going in and building permits issued so that they can be informed and respond to citizens questions. 14) Received a memo from Street Department noting that the street sweeper would not sweep curbless streets, and said that he wants all the streets swept. 15) Attended Beltway 2000 meeting yesterday and reported that 40-50% of parcels needed for the A section from Ocoee to Apopka have been purchased, $17M have been spent and they are looking at starting construction 1998. 16) Thanked the Central Florida Blood Bank for today's blood drive on the municipal complex grounds and the Recreation Department for serving the hamburgers to voters and donors. ADJOURNMENT The meeting adjourned at 11:20 p.m. APPROVED Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 11 Agenda 10-21-97 U thA Item III A MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD DECEMBER 3, 1996 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commission chambers, introduced Mr. Charles Cooper, teacher of the West Orange High School Government Class, and invited two of its members to take part in the opening ceremonies. Nicholas Weimer led in the prayer and Kyle Griffith led the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Director of Personnel Psaledakis, City Engineer/Utilities Director Shira, Finance Director Horton, Buyer Brace, Capitol Projects/Concurrency Analyst Resnik, City Clerk Grafton, SunTrust Vice President Stull, and Grace Dunlap, Attorney for Bonds. PRESENTATIONS AND PROCLAMATIONS: None. CONSENT AGENDA The consent agenda consisted of items A, B, and C. Commissioner Anderson noted that on page two (2) of the November 19, 1997 minutes, under Consent Agenda, the minutes should reflect that he had pulled item B for discussion rather than item C. Mayor Vandergrift pulled items B and C for discussion. Mayor Vandergrift, seconded by Commissioner Anderson, moved to accept Item A of the consent agenda as corrected. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of November 19, 1996. B. RIGHT-OF-WAY AGREEMENT WITH LITTLE WOODS FARM, INC. AT SAWMILL. Mayor Vandergrift asked if Little Woods Avenue would be paying for the recording of the easement. City Attorney Rosenthal explained that the City would be charging them for the recording from their review deposit. After further discussion, Commissioner Glass seconded by Commissioner Johnson, moved to approve the proposed Access Easement Agreement between the City of Ocoee and Little Woods Farm, Inc. with the addition of the following revisions: (1) providing the City would have a right to terminate in the event of a default by Little Woods Farm. Inc., and (2) that the agreement would terminate in the event there is alternative access to a dedicated public road, and to authorize the Mayor and City Clerk to execute the necessary documents. Motion carried 5-0. E 3L J Ocoee City Commission Regular Meeting December 3, 1996 SILVER GLEN PHASE II, VILLAGE II HOMEOWNERS ASSOCIATION AGREEMENT FOR UPGRADED STREET LIGHTS. Commissioner Anderson asked if there was an additional cost for the City to upgrade the street lights. Mr. Shira explained that there was not. After brief discussion, Mayor Vandergrift, seconded by Commissioner Glass, moved to approve the Silver Glen Phase II, Village II Homeowners Association Agreement for Upgraded Street Lights, and authorize the Mayor and City Clerk to execute the necessary documents. Motion carried 5-0. COMMENTS FROM CITIZENS/PUBLIC Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, spoke of his credentials and asked if all citizens who attended and spoke up at meetings were asked why they didn't serve on a City Board. PUBLIC HEARINGS SECOND READING (CONTINUED FROM NOVEMBER 19 PUBLIC HEARING): ORDINANCE No. 96-23, RELATING TO MAYOR/COMMISSIONER SALARIES. City Attorney Rosenthal read title only. Personnel Director Psaledakis explained that the Charter requires an annual wage and benefit study to establish whether the City is being competitive in its benefit and salary levels for the City employees. She said that she had included an M/BCC survey each year since 1991. She noted that Commission salaries were changed in 1963 and 1972, but not since. Mrs. Psaledakis also explained that this proposal is not to be considered salary, but compensation for work/time invested. She said she had used cities of like size and constraints in making her evaluation and recommended approval of Ordinance No. 96-23. The public hearing was opened. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, said that he felt all of the important work had been done already and the Mayor and Commissioners should get a bonus for doing a good job, but not a raise. He explained that the City's procedure has already been established and should not be compared to other Cities. City Attorney Rosenthal pointed out the affective date of the ordinance, and explained that any adjustments would not become effective until February 24, 1998, and thus would not directly affect any seated commissioner. The public hearing was closed. 2 Ocoee City Commission Regular Meeting December 3, 1996 Mayor Vandergrift, seconded by Commissioner Anderson, moved to amend the proposed Ordinance to provide in section two (2) of the Ordinance, which deals with section 24-1 of the City Code, that the number $4,515.00 be changed to $4,500.00 with respect to the annual compensation of the Mayor, and, in section 24-2 of the City Code, that the reference to $3,979.00 be changed to 4,000.00 with respect to the annual compensation of City Commissioners. Motion carried 4-1. Commissioner Gleason voted no. Commissioner Anderson, seconded by Commissioner Glass, moved to adopt Ordinance 96- 23 as amended above. Motion carried 5-0. RESOLUTION No. 96-31, AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AND PROMISSORY NOTE AND THE BORROWING OF $4,480,000 TO FINANCE THE COST OF CERTAIN CAPITAL IMPROVEMENTS AND CONSTRUCTION OF FACILITIES, AND PLEDGING CERTAIN NON AD VALOREM REVENUE OF THE CITY TO SECURE PAYMENT OF THE PROMISSORY NOTE. City Attorney Rosenthal the read title only of Resolution No.96-31. Finance Director Horton gave the Staff report and explained that, as reported at the November 19, 1996, Commission meeting, SunTrust's proposal for financing certain capital improvements was ranked number one. Those capital improvements are: Construction of Fire Station District 3 - $ 850,000 Construction of Fire Station District 4 - $ 700,000 Construction of Gymnasium & Recreation Improvements - $1,500,000 Construction of Public Works Facility - $1,350,000 $4,400,000 The total loan amount was $4,840,000 at 5.04% for 15 years to begin December 4, 1996. Staff recommended the adoption of Resolution 96-31 and approval of the loan agreement between the City of Ocoee and SunTrust N.A. The public hearing was opened. Mayor Vandergrift asked Finance Director Horton if any grants were being sought out. Mrs. Horton said that there were grants being sought, but the loan amounts were for the presentations that were presented to the Commission. Commissioner Gleason asked Finance Director Horton if it were possible to get a report from her involving the overall indebtedness of the City. Mrs. Horton explained that generally reports are given quarterly, but that they could get it to him sooner. The public hearing was closed. 3 Ocoee City Commission Regular Meeting December 3, 1996 Mayor Vandergrift informed the Commission that a soccer league was formed, and he wanted them to be up front on the list of benefits. City Manager Shapiro explained that the multipurpose building was to take first priority. Mayor Vandergrift asked for a map showing city owned property and he was advised that such a map has been under construction for some time, but that there had been problems with inaccurate data. Commissioner Anderson, seconded by Commissioner Gleason, moved to adopt Resolution No. 96-31 and approve the loan agreement between the City of Ocoee and SunTrust N.A. as recommended by Staff, authorizing Mayor and City Clerk to execute. Motion carried 5-0. RESOLUTION No. 96-32, AUTHORIZING 12M WATER/SEWER SYSTEM REVENUE BONDS, SERIES 1997, TO FINANCE THE CONSTRUCTION AND CERTAIN IMPROVEMENTS TO THE COMBINED WATER AND SEWER SYSTEMS. City Attorney Rosenthal presented Resolution No. 95-32 by title only. Finance Director Horton introduced Phil Roberts, Financial Advisor with First Union Capital Markets Corp., John White, Bond Underwriter, and Grace Dunlap, Bryant, Miller & Olive, Bond Counsel, who were present to summarize the results of the presentation in New York. Mr. Phil Roberts, after announcing that Mark Galvin, who was scheduled to be present, was absent due to the birth of a daughter at 12:30 p.m. today, reported that the presentations for the 12M Water/Sewer System Revenue Bonds, Series 1997 were well thought out and well received by both the rating agencies and the bond insurers in New York, and the result was an A- rating with Standard and Poor's. Mr. John White, Wm. R. Hough and Company, said that, upon Commission approval at this meeting, they will finalize the documents for the buyers (prepare the prospectus) on December 13. At that time they will agree on the scale for the maturity of the bonds, market them to various institutions and individuals, then make an offering to the City that day. He will return on December 17 for final approval and the award resolution to award the bonds to Wm. R. Hough and Company at a specific price in a bond purchase contract. He said the closing would probably be in St. Petersburg around January 7. He said they expect the rates to range from 3.5% on the early return and 5 5/8% on long term. Mrs. Grace Dunlap, Bryant, Miller & Olive, summarized the report and the particulars of the resolution: that the issue was for a not-to-exceed amount of $11M in bonds, pledging net revenues, agreeing to provide initial disclosure to prospective purchasers of the bonds, agreeing to provide ongoing disclosure as required by SEC, and picking out the insurance company. 4 Ocoee City Commission Regular Meeting December 3, 1996 The public hearing was opened. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked about the fixed rate. Mr. White responded that there will be a rate established at the time the bonds are marketed and all the bond rates are fixed. Mayor Vandergrift asked how much of the issue will be used for the reuse system. City Engineer Shira responded that it would be $2.8M. Mayor Vandergrift said that will enable the City to extend gray water to residents for irrigation. Commissioner Gleason raised a question about the revenue to cover this debt. City Manager Shapiro responded that the City could pay the debt service and not touch the operating revenues. Mayor Vandergrift asked about a blank on page 30 in the document "...B.M.L., a Florida " and City Attorney Rosenthal explained that referred Mr. Goodman's partnership or corporation and the blank would be filled in before execution. The public hearing was closed. Commissioner Glass, seconded by Commissioner Johnson, moved to adopt Resolution No. 96-32 authorizing the issuance of Series 1997 Water and Sewer Revenue Bonds and to authorize execution by the Mayor and City Clerk. Motion carried 5-0. RECESS 8:55 p.m. - 9:13 p.m. OTHER BUSINESS APPOINTMENTS TO DISTRICTING COMMISSION. Following a brief discussion regarding the fact that the Districting Commission must be appointed before December 15 due to Charter requirements, but should not act before the Charter Review Commission has submitted its recommendation to the City Commission early in 1997, Mayor Vandergrift polled the Commission for appointees. Commissioner Johnson appointed Bob Williams. Mayor Vandergrift appointed Bruce Holmes. Commissioner Anderson appointed Betty Hager. Commissioner Glass appointed Ruth Grafton. Commissioner Gleason appointed Martha Lopez Anderson. 5 Ocoee City Commission Regular Meeting December 3, 1996 Commissioner Johnson, seconded by Commissioner Glass, moved to approve the appointments as presented. Motion carried 5-0. City Attorney Rosenthal announced that a deadline for the receipt of the Districting Commission report should be set to allow sufficient time for review and adoption. Commissioner Gleason, seconded by Commissioner Anderson, moved to set the deadline for the Districting Commission recommendation for August 1, 1997. Motion carried 5-0. APPOINTMENT TO CITIZEN ADVISORY COUNCIL TO THE POLICE DEPARTMENT: KAREN SNOWMAN'S TERM EXPIRES JANUARY 1997. Mayor Vandergrift, seconded by Commissioner Glass, moved to reappoint Karen Snowman for another 3 year term to the Citizen Advisory Council to the Police Department. Motion carried 5-0. STAFF REPORTS None. COMMENTS FROM COMMISSIONERS Commissioner Johnson: No comments at this time. Commissioner Anderson: Invited all to see the Christmas parade in Winter Garden at 10:00 a.m. and in Ocoee at 1:00 p.m. on Saturday, December 7, 1996. Commissioner Glass: No comments at this time. Commissioner Gleason: Congratulated the Ocoee Bulldog Cheerleaders for taking third place in the competition and commended the coaches and cheerleaders for their dedication. Mayor Vandergrift: 1) Read a letter from George W. Percy, State Historic Preservation Officer, advising that on November 22 the Florida National Register Review Board had determined to formally nominate the Ocoee Christian Church for listing in the National Register of Historic Places. 2) Noted that the bus stop at Ridgefield needs a trash bin and painting. He asked for a petition if neighbors want it removed. 3) Asked if the yellow poles on Highway 50 are permanent. City Manager Shapiro advised that the state put them up. 6 �' L • Ocoee City Commission Regular Meeting u December 3, 1996 4) Said that going west on Highway 50 at the Bluford intersection the turn lane is only two car lengths long and that is inadequate to handle the traffic. City Manager Shapiro said he had contacted the state and had been advised that it was according to rules. 5) Asked for a progress report on the Girls' Club property. City Manager Shapiro advised that he is still looking for a site. 6) Asked if something can/will be done for the Center Street ditch. City Manager Shapiro advised that the ditch is on county property and every time he has proposed a joint solution, the county has refused to help, saying it is caused by the City development. He added that the next funding for drainage should include a joint solution. 7) Asked that the lakefront be cleaned up before the boat parade. City Manager Shapiro advised that he has just signed a purchase order to clean up the rest of the growth in the water and begin planting. Commissioner Johnson said he wants to see a city dock where it used to be at the end of McKey Street on Lakeshore Drive. 8) Asked about a street sweeper that will sweep Ocoee streets, and said he was not aware when the purchase was made that the new sweeper would only sweep roads with regular curbs leaving those with Miami curbs unswept. 9) Has asked cub scouts to do a camparee at the Gazebo. City Manager Shapiro said there would be no problem doing that, but they should contact staff to work out a time to reserve the area. 10) Complimented staff on the poinsettias that have been planted on municipal grounds. 11) Thanked Mrs. Watts for the handmade ornaments she had presented to everyone seated at the dais before the meeting. 12) Had everyone announce the RSVP number. ADJOURNMENT The meeting adjourned at 9:35 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 7 Agenda 10-21-97 4 L\ Li Item III A MINUTES OF THE JOINT CITY COMMISSION MEETING APOPKA/OCOEE/WINTER GARDEN HELD MAY 30, 1996 Mayor Quesinberry called the meeting to order at 7:00 p.m. in the Winter Garden Commissioner Chambers. Mayor Land offered the prayer and Mayor Vandergrift led the pledge of allegiance and asked each mayor to open his own city's session. CALL TO ORDER AND ROLL CALL OF EACH CITY COMMISSION CITY OF APOPKA-Mayor Land CITY OF OCOEE -Mayor Vandergrift CITY OF WINTER GARDEN-Mayor Quesinberry PRESENT: City of Apopka: Mayor Land introduced Commissioners Arrowsmith, Dean, Holmes and Johnson. Also present were Assistant City Administrators Douglas and Anderson. City of Ocoee: Mayor Vandergrift introduced Commissioners Gleason, Glass, Anderson and Johnson. Also present were City Attorney Rosenthal, Police Chief Mark, Fire Chief Strosnider, Planning Director Wagner, Planner Horne, City Manager Shapiro and City Clerk Grafton. City of Winter Garden: Mayor Quesinberry introduced Commissioners Youngblood, Jowers, Anderson and Rees. Also present were City Attorney Hardeman, City Manager Holden and City Clerk Pryor. Six Cents Local Option Gas Tax- City of Apopka, Jack Douglas and City of Ocoee, Paul E. Rosenthal Winter Garden City Manager Holden introduced the discussion of the joint issues. Apopka Assistant Administrator Douglas reviewed the issue of the local option gas tax and the agreement proposed by Orange County Chairman Chapin regarding assisting Orlando and the other cities with a hold harmless agreement. He recapped the efforts at lobbying regarding this issue and the passing of the bill which stated distribution of the gas tax must be done according to population. He commended Commissioner Youngblood and Commissioner Gleason for their work in assisting with this issue. Mayor Land read a letter from Orlando Mayor Hood that had been brought by Commissioner Glass,who disclaimed having any part in writing the letter. Attorney Rosenthal advised that even before the City of Orlando legal department issued its opinion he was asked by Mr. Shapiro and the managers of the other cities to look at potential legal issues that might be raised in the attack against the legislation, so they were looking at this when Orlando raised their letter. He said it was probably fair to say the headline in the Orlando Sentinel was not an accurate summary of the conclusions they reached in their opinion. They areas they tried to look at are there issues that can be raised by Orlando or whoever else might choose to challenge this legislation so they could be proactive and not sit back and get caught unaware. They did the analysis and tried to identify issues. There probably were more unknowns that knowns in terms of what path they might go down if they got involved in litigation on this. He introduced Attorney John Hamilton from his office to give specifics of the legislation. JOINT CITY COMMISSION MEETING APOPKA/OCOEE/WINTER GARDEN MAY 30,1996 Attorney Hamilton reviewed the opinion included in the packet. He said the argument proffered by the City of Orlando was that the recent act was local legislation and prohibited by the Florida Constitution. The burden of proof would be on Orlando. He=indicated the three options laid out by the Orlando legal department. Discussion followed. Commissioner Gleason said Attorney Juarez, represented them on the issue. Through Attorney Juarez's contacts, others had looked at it, and the issue that needed to be raised was whether there is another county like Orange County. Attorney Juarez said if this could be challenged on a technicality that he did not follow the proper procedures, he would take the case back at no additional charge to the three cities and clean up the loose ends. This could be resolved in the next legislative session prior to October 1997 when the money would be distributed. Commissioner Youngblood said Senator Ostalkewicz brought up that this was an equity issue. Mayor Land asked what the difference was between a local bill and what is done in Tallahassee all the time. Attorney Hamilton said he had not called it a local bill, but the City of Orlando was trying to assert it was a local bill. Mayor Land said it was then possible that the City of Orlando would not prevail, and Attorney Hamilton concurred. Mayor Land asked if it possibly could go into effect in July 1996, and Attorney Hamilton said yes. Mayor Land asked about a time limit on the challenge, and Attorney Hamilton said he was not sure. Discussion followed. Mayor Vandergrift pointed out that a statement was made that the City of Orlando was going to lose $2 million relative to the local option gas tax. He wanted to make it clear that the smaller cities had been losing money for years to the City of Orlando and Orange County, and they were trying to adjust for the cities. Mayor Land indicated that when cities get groups that say they are not getting their fair share of taxes, they can be sued with a class action suit. He asked if the cities could bring a class action suit. Attorney Rosenthal responded. Commissioner Gleason asked if Orange and Orlando could enter into an interlocal agreement based on any formula they wanted and impose it on the other cities. Attorney Hamilton responded. Discussion followed. Mr. Douglas referred to a handout of two documents, one of which was a letter. The other was the latest proposal for distribution of the tax, which he explained. Mayor Vandergrift asked if an individual consensus of the panel should be reached, and Mr. Douglas and Apopka Commissioner Johnson suggested waiting. Commissioner Glass said he had been lobbied by 2 JOINT CITY COMMISSION MEETING APOPKA/OCOEE/WINTER GARDEN MAY 30,1996 the City of Orlando, who indicated they were willing to go to the mat on litigation. To that he had replied that it would tie up the lion's share of their money. He said they indicated they would really prefer to negotiate this. He said he was not privy to the negotiations,but his feeling was that the cities could do better than this most recent proposal. Commissioner Youngblood said he thought Orange County had been honorable in their dealings with the cities thus far. He felt the cities should go forward and keep it on the table and look at it from the standpoint that Orange County wanted to see this resolved in the best interest of everyone. Discussion followed. Mayor Land said there had been a commitment of$20,000 to Attorney Juarez on behalf of the three cities to carry them to December 31. He agreed to go for $20,000 starting in January to get them through the next legislative session subject to its being in the individual budgets. Tax Equalization Issues: Background Mr. Douglas explained the issue of tax equalization and deferred to Mayor Land. Mayor Land gave the background on the sheriff and fire department MSTUs. He referred to a letter he wrote to a number of mayors (not in City Clerk's packet). He explained what the County had intended to do relative to taxes in incorporated and unincorporated Orange County and gave the history of tax equalization. He explained the makeup of the committee and said the goal of the committee was to have something prepared for next year's budget. He said the sheriff had put the cities on notice that they would responsible for school crossing guards. He said the thought had been that it came from the general tax. He was told by someone from the County that it came out of the sheriffs MSTU. He said that needed to be watched. He referred to another letter (not in City Clerk's packet) regarding fire coverage and the need to watch for possible double taxation. Tax Equalization Issues: Fire Protection Issues Mr. Holden said the timetable regarding fire protection issues had not been set. Apopka Assistant City Administrator Anderson gave a brief outline regarding fire protection. He said the goal was the best fire protection at the lowest cost. He said some economies could be gained by cooperation among the three cities and buying in quantities. He suggested joint training and trying to put stations where they could help another cities and have cost-sharing. He felt there were services (hazardous material, heavy rescue, etc.) in fire service that could be shared. Another area of discussion was communications and the problem of the County-assigned frequency. 3 Li Lil FF JOINT CITY COMMISSION MEETING APOPKA/OCOEE/WINTER GARDEN MAY 30,1996 In October the process of collecting funds for the 911 system began. There had been several meetings with the 911 coordinator to see how much money was available and was being collected. Three different budgets had been presented as a result of the inquiries, and there were still questions about some of the figures. He said each budget had escalated, and there were concerns about the expenditures. Mr. Holden talked about the inequities in the fire dispatch system. One of the first difficulties they had was getting the dispatch system programmed properly. He said there had been a case when an Ocoee unit four miles farther from a fire than a Winter Garden unit was dispatched. He said as part of the tax equalization issue was doing what was best for the taxpayers at the least cost. He strongly supported continued discussions with professionals on how to do that. Recess 8:55 p.m. to 9:10 p.m. Tax Equalization Issues: Law Enforcement Issues Because Winter Garden Police Chief Yawn was called away in the line of duty, Mr. Holden gave his report. He said he thought each of the cities had been looking at a list of about 16 assertions that were made by the sheriffs office about what the sheriff did for the cities. Winter Garden said they were looking at squaring off within the reserve area and taking in the enclaves providing the service and having the sheriff pay the City of Winter from its MSTU. He said Winter Garden could do it cheaper. John Ross, Attorney, talked about the problems in prosecuting ordinances. He said there was a need for a vote from the cities for him to proceed to the Clerk of the Court to pursue ordinance prosecution. He said he needed a strong letter to present. He said there were no longer municipal courts, only county courts. Due to new legislation, there was an opportunity to prosecute ordinances without a prosecutor, but contact with the Clerk of the Court was necessary. He went over three categories of ordinances: (1) Parking. He said the cities would probably want to copy Orlando's ordinance since it had been tried and tested. A judge was not going to go through a number of different ordinances and would be more receptive to a uniform ordinance. At present, there is an administrative hearing officer program for moving violations. There is no prosecutor,the ticketing officer presents case, the officer lets the defendant speak, then asks questions and renders a verdict. This same procedure was going to be available for parking tickets. (2) Quasi-criminal, i.e., ordinance that are on the books that provide up to 60 days in jail and a $500 fine. Those cases need a prosecutor, but the cities needed to narrow the field to five to six ordinances that were problems, e.g., urinating in public, open container, etc. Judges were letting 4 LAA rid JOINT CITY COMMISSION MEETING APOPKA/OCOEE/WINTER GARDEN MAY 30,1996 offenders plea to the arrest affidavit so that about 85% of the time the purpose was achieved. He said a data file could be set up so that the cities could go after someone, if appropriate, instead of letting him plea. (3) Code enforcement. A change in state law allowed municipalities to issue citations which are answerable in county court. The code enforcement officer is the prosecutor, and the same procedure is followed as in administrative hearing. Approximately 85-90% of the violators pay when they know they have to go to court. A citation should be the alternative if no progress is achieved with the violator. Ocoee Police Chief Mark referred to 318.21 Disposition of Civil Penalties. He asked about a deputy writing a ticket in a municipality and the disposition of fines. Mr. Ross said a public records request could be made to determine where the tickets were written. Discussion followed regarding prosecution of parking tickets. Prisoner Transfer to O.C. Jail Issues Chief Mark said the calculation in their information should be $756,000 instead of $748,000 because of adding workers' compensation figures. He referred to the memo and said it was not feasible to go into the issue at that time. He felt the County should provide assistance to the police departments and that the County had dropped ball. He said Corrections was run by Orange County. Planning Issues for West Orange County Mr. Shapiro deferred to Ocoee Planning Director Wagner. Mr. Wagner referred to the memo available in packet and listed five problems he saw in West Orange County: (1) continuing problem with sprawl; (2) "turf wars" such as Belmere on Maguire Road. He said there was a trend on the part of Orange County to pick up parcels on the edges of cities and maintain them in the county with urban densities; (3) school board lack of communication; (4) transportation, i.e., lack of awareness on the part of the State with a need for higher projections of traffic in state planning; and (5) the difference in the way the County handles concurrency. Growth occurs in the County. The cities get the growth but not the fees. Commissioner Gleason said the school board impact fees were being collected to build schools anywhere in Orange County. He said that could negatively impact cities and suggested a possible. joint effort to get the school board to enter negotiations that allowed developers in the communities to start planning better for schools. Orange County was projecting a $2 billion need over ten years for schools, and he would like a partnership. 5 IT, JOINT CITY COMMISSION MEETING APOPKA/OCOEE/WINTER GARDEN MAY 30,1996 Mr. Shapiro said preliminary development plans had routinely been given to the school board with the question of a desire for them to participate. He said there never had been a response from school board with plans for schools. After the fact, the school board would request wider roads and plan for schools after the price of the land had increased. Mayor Vandergrift suggested a joint meeting of the cities with school board to explain what was happening in areas regarding growth. He said they needed to readjust their thinking and cooperate. He said more taxes money is allocated to the school board than to the entire county. Commissioner Graham spoke of the Council of Local Governments and said the school board attended. Discussion followed. General Discussion Mr. Holden introduced the Winter Garden Finance Director, Teri Collins. He brought up the issue of cellular and PCS towers. He said discussion would have to be delayed until there was an ordinance. He indicated Orlando had a model ordinance. He said this issue would affect all three cities. Primeco went to Winter Garden in the form of Florida Power saying they wanted to put up a tower on the substation at the corner of Dillard Street and Story Road. Winter Garden stopped it. Mayor Vandergrift pressed for a meeting with the school board and said he would move to call another meeting within three months. It was agreed that the Apopka city attorney would contact the school board. Mr. Shapiro suggested each of the mayors contact the board members representing their cities personally and ask for participation at the meeting. Mayor Land thanked Winter Garden for hosting the meeting and suggested the next meeting be held to discuss lake Apopka. The city staffs were to determine the next meeting. Adjournment The meeting adjourned at 9:55 p.m. APPROVED Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 6 Agenda 10-21-97 7 Item III A CI E J MINUTES OF THE JOINT CITY COMMISSION MEETING APOPKA/OCOEE/WINTER GARDEN HELD MARCH 6, 1997 Mayor Land called the meeting to order at 7:00 p.m. in the Apopka Commission Chambers. He offered the prayer and led the pledge of allegiance and asked each mayor to open his own city's session. CALL TO ORDER AND ROLL CALL OF EACH CITY COMMISSION CITY OF APOPKA-Mayor Land CITY OF OCOEE -Mayor Vandergrift CITY OF WINTER GARDEN- Mayor Quesinberry PRESENT: City of Apopka: Mayor Land and all Commissioners except Arrowsmith, who was to arrive later, and Assistant City Administrator Douglas. City of Ocoee: Mayor Vandergrift indicated that the City of Ocoee was meeting in committee and was represented by the Mayor and Commissioner Anderson with Commissioner Glass expected momentarily. Also present were City Manager Shapiro and City Clerk Grafton. City of Winter Garden: Mayor Quesinberry, Commissioners Graham and Harriman, City Manager Holden and City Clerk Pryor. Six Cent Gas Tax- Jack H. Douglas, Jr. Mayor Land called on Jack H. Douglas, Jr., Assistant City Administrator for Apopka to give the presentation regarding the six cent gas tax. Apopka Assistant City Administrator Douglas explained the agreement with Orange County regarding the allocation of gas tax funds to the cities of Apopka, Ocoee and Winter Garden. The increase would be brought in over a three-year period, but those cities that had been losing over the last ten years would immediately get their increase. He referred to Section 4 of the handout stating he was unsure what it meant regarding the City of Orlando and Lynx but said it bore watching. Ocoee City Manager Shapiro commented on Section 6 and related the problems the Ocoee City Commission had with it. The main problem was that the language would decrease the cities' ability to make decisions regarding bonding. Therefore,the City was opposed to it. Mr. Douglas talked with Micky Miller, Planning Director for the City of Orlando, about the impact of the statement that related to bond issues. The agreement had already been adopted by Orlando. Mayor Land stated the City of Apopka could live with it the way it was written as the position of Apopka was pay-as-you-go. In the event bonding were needed, Apopka could pledge a back-up amount of money. He asked if Mr. Shapiro would represent the group to see if a change could be negotiated within a short period of time. Mr. Shapiro stated he had spoken with Orange County Commissioner Freeman as he had a problem with the language. He said he would talk with them but opined that it probably would not be changed. I JOINT CITY COMMISSION MEETING APOPKA/OCOEE/WINTER GARDEN MARCH 6,1997 Mayor Vandergrift asked about the effective date, and Mr. Douglas stated that, once notified by June 1, it would go into effect in July. Mayor Vandergrift asked if it would be appropriate to write the Orange County Commission regarding the sentiments of the Ocoee City Commission. City Manager Holden asked about Section 4, page 6, regarding the Lynx funding. Discussion followed. Tax Equalization-Hollis Holden Mr. Holden drew attention to the section regarding tax force members among whom are Mr. Holden, Winter Park Mayor Joe Terranova, and Eatonville Finance Manager and Acting Town Manager Larry Williams. Commissioner Glass arrived at 7:28 p.m., and Mayor Vandergrift declared Ocoee had a quorum. Mr. Holden said the original focus for the tax equalization discussion was the Sheriffs Office, Lynx Transportation and the parks system. The main issue had become the Sheriffs Office. An inequity exists in sheriffs services in Belle Isle, Bay Lake and Lake Buena Vista, which do not pay MSTU for sheriffs services. If those three communities were treated like the rest of the county and were required to pay the MSTU, they would contribute over $9 million to the Sheriffs budget. Resolving this issue was a priority before anything else was done. He felt the other issue that might slow the process was that the Sheriffs Office did not have the means to collect data to support an argument to change the 85/15 split, that is, 85% of the funds come from unincorporated Orange County and 15% come from countywide revenues. Discussion followed. Sales Tax- Seventh Cent-Jack H. Douglas, Jr. Mr. Douglas indicated the handout included a summary from Orange County explaining the tax. The proceeds can be used only for capital items. Two committees had been set up, but Orange County Chairman Chapin had asked to slow down the process, which originally was that a proposed program was going to be presented between March and June, which was not a realistic time frame. A 15-year program or less would be recommended for the tax. The proceeds could be bonded, but the proceeds could not replace revenue that had been allocated for capital needs. He indicated there was a possibility of a November 1997 or March 1998 referendum regarding the seventh cent. Mayor Vandergrift asked about funding for the Lynx Transportation System. Discussion followed. 2 -7 CT Ju J u JOINT CITY COMMISSION MEETING APOPKA/OCOEE/WINTER GARDEN MARCH 6,1997 Legislative- Mayor John H. Land Item #1 of the legislative agenda was Ocoee's sharing the cost of constructing a flyover at Maguire Road and Old Winter Garden Road in connection with the Beltway and possibly the Florida Turnpike. Mr. Shapiro, for the record, stated, "This has been a discussion that has been going on with the three communities down in that end and the county regarding the need for some way to connect everything in that area. We're all very concerned about State Road 50, with the level of service. We feel that there is going to be no way of getting this thing reasonably done without having some connection. I don't think we've got to the place yet on where this tax is going or how it's going to work, if this is going to be state statutes involved in it. I think our issue is trying to at least set the, to the legislature that there needs to be funding set for this kind of a problem. The City of Ocoee in their Commission Meeting the other night approved the funding of$2.25 million before this project if the State can come in and agree to fund this project the rest of the way or an alternate group of people whether it's the County, State, cities. We're not far enough ahead to say that is the flyover. There's a picture over there if you want to look at it as to where it's going to go. All that was was an attempt to begin to spur the conversation amongst the cities and the County and the Expressway and the Turnpike and everyone else. After today we have one more meeting. Members of the City of Winter Garden, Town of Windermere and Ocoee were there, and what we ended up saying was, let's get the planners and the engineers to sit down with the State road department and the Expressway and see if we can't come up with the best plan for everyone, but let's not forget that we need to right now at least tell the people over at the Legislature that they need to look to fund us. And also let them know that there's money up front to do some of the planning that they agreed. And that's all we're trying to say. So when you look at that plan for the record that isn't the plan necessarily that anybody's going to end up with. It was the first plan that came into someone's mind. We liked it a little bit because of being involved in things that were happening. It's not in stone, and it's going to be a joint planning process amongst everybody, but we would like to hope that we will at least afford the ability to the Legislature and say this is an important issue down there and that all of you who think it's important down there and would you please fund a portion of this for us or at least say you're going to spot this in your budgets in the next several years until you get a vote." Item # 2 was the cities' agreement on Western Beltway Part A and Part C as a priority, which Mayor Land reviewed. Mayor Vandergrift stated he supported the Apopka Bypass but also supported Part B, Lake Mary to Apopka. Mayor Land said Apopka would support Ocoee. Item#3 - Six Cent Gas Tax-had already been discussed. Item # 4 - Mayor Land spoke regarding the clean-up of Lake Apopka and the buying of the muck farms. 3 cLp JOINT CITY COMMISSION MEETING APOPKA/OCOEE/WINTER GARDEN MARCH 6,1997 Item # 5 - The final funding of the IFAS Consolidated Research Center located on the eastern edge of Lake Apopka. Item# 6 -Mayor Land addressed annexation and enclaves, and the need to be able to describe a property as provided by the Property Appraiser's Office. There was consensus to approve the items as discussed. Commissioner Glass abstained on Item 3 due to a conflict of interest. Mayor Land asked about experience with JPA (Joint Planning Area). Mr. Holden stated Winter Garden was just starting the discussion. Mayor Vandergrift stated the County still assumed the cities were encroaching on their territory. Mr. Shapiro said there is a framework if both parties want to agree. If both parties do not want to agree,there is a method of proving who might be wrong or what happens and why. Discussion followed regarding next meeting. Mayor Land expressed appreciation to Windermere for being present at the meeting. Mayor Vandergrift talked about the school system. Adjournment The meeting adjourned at 8:43 p.m. APPROVED Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 4 Agenda 10-21-97 ,Item III A Prt] MINUTES OF THE JOINT SPECIAL SESSION OF THE OCOEE CITY COMMISSION WITH ORANGE COUNTY COMMISSION HELD ON JANUARY 25, 1993 WELCOME AND INTRODUCTIONS Mayor Vandergrift called the Joint Special Session between Ocoee City Commission and Orange County Commission to order at 7:05 p.m. in the Ocoee Community Center located at 125 N. Lakeshore Drive, Ocoee. Ocoee Commissioner Woodson offered the prayer and Orange County Chairman Linda Chapin led the pledge of allegiance. CALL TO ORDER AND DETERMINATION OF A QUORUM ORANGE COUNTY- Chairman Chapin called the roll and declared a quorum to be present. CITY OF OCOEE -Mayor Vandergrift called the roll and declared a quorum to be present. PRESENT: Orange County: Chairman Chapin, Commissioners Freeman, Staley, Johnson, Pignone, Donegan and Butler and Attorney Wilkes. City of Ocoee: Mayor Vandergrift, Commissioners Woodson, Foster, Combs and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Planning Director Behrens and City Clerk Grafton. Attorney Rosenthal read into the record a statement agreed to between the two legal departments of the City and County dealing with the parameters of the meeting. The meeting was held to discuss a possible resolution to legal proceedings filed by Orange County challenging City of Ocoee ordinances which annex and zone a number of parcels. Since legal proceedings were pending, the two sides were proceeding with the meeting based upon the agreement that all statements made by anyone would be settlement negotiations, would not be considered part of the record and would be inadmissible in any proceedings for any purpose. Moreover participation in this settlement meeting would not be deemed by any party to constitute a waiver or estoppel to assert any position, claim or defense in pending matters. Counsel for Ocoee and Orange County stipulated to these terms in order to promote a full and frank discussion of the issues and the exploration of all possible means of settlement. Orange County Attorney Wilkes confirmed. Attorney Rosenthal reviewed the purpose of the meeting and gave the background. In the event of a settlement at the meeting, the City and County might be required to hold a subsequent independent public hearing in order to ratify the settlement under Chapter 164. In December 1992 and the beginning of January 1993, the City adopted 27 annexation ordinances. The County contested 15 of those ordinances, which involved approximately 1,478 acres of land. The position and belief of the City at the time of the annexations and the findings made by the City Commission were that all the annexations complied with all the requirements of Florida law, Chapter 171, dealing with annexations and Chapter 163 under the Comprehensive Plan. All of those were voluntary annexations, property owners who approached the City and said they wanted to be part of the City of Ocoee as opposed to being in unincorporated Orange County. Regarding the City Comprehensive Plan, the City Manager had asked him to review a brief history, which he did. The conflict arose over land use designations outside the corporate limits JOINT SPECIAL SESSION-OCOEE CITY COMMISSION WITH ORANGE COUNTY COMMISSION JANUARY 25,1993 of the City that differed from the land use designations on the County Land Use Map. The County made objections to the Department of Community Affairs, which approved the Comprehensive Plan for the City, which were not incorporated into that approval. Two years before, the County made a settlement to keep the land intact for two years and not do any rezoning on the Kenjen annexation. In preparing the annexations, the City looked back at the discussions with the County and attempted to address what was thought to be some of the concerns of the County in terms of development and the ability to provide services. In many, but not all, of the contested annexations, the City required the developers to enter into agreements with the City that for a period of seven years they would not be able to develop their land for any use other than A-1, agriculture, unless they went to the City with a plan that showed how urban municipal services would be provided and, most importantly, who would pay for them, recognizing that all that development would be subject to concurrency regulations of the Growth Management Plan. The developers agreed. Regarding contested annexations, the City Commission felt mixed signals had been received from the County. Past annexations involving enclaves were not challenged by the County. In dealing with the West Orange Hospital, creating a piece of property surrounded on three sides by the City,the County elected not to challenge. Regarding specific annexations, he pointed out three sets of annexations. West Annexations • Four different ordinances. • Challenged by the County. • At the City Commission meeting adopting these annexation ordinances, no objections were raised by the public nor any representative of the County. Battaglia East Annexation • Adjacent to Sawmill, contiguous to the City limit, along a major road. • Challenged by the County. • Several years before the County entered into an agreement with the City on sewer and water that said that property should receive sewer and water from the City, not the County, and there was a contractual agreement with the County that it would never provide sewer and water to that property. Lawrence Annexation • Gotha area, • A-1 zoning. • Challenged by the County. 2 Li j1 li-L\ L ',I JOINT JOINT SPECIAL SESSION-OCOEE CITY COMMISSION WITH ORANGE COUNTY COMMISSION JANUARY 25,1993 Ms.Allison Yurko summarized the County's legal position. Discussion followed. Commissioner Freeman addressed parcels 521, 539, 534 and 532, indicating he felt they clearly represented the Gotha rural settlement. He asked that there be an advancement of six months on the annexation of these parcels to allow the working out of a joint agreement among the County, the City and Gotha to preserve the rural settlement. He felt the property owners wanted to go into the City to get better zoning. He said if the Gotha residents could agree to a density of two units an acre and provide the Lawrence parcel with the same consideration and allow those parcels to be annexed, possibly the County would allow the City to furnish utilities and collect the impact fees in the Gotha rural settlement if the Gotha residents agreed. Discussion followed. Commissioner Woodson asked if the property could be left in the City to work out the problems since the petitioners had asked to be part of the City. Commissioner Johnson stated there was no rural settlement when the annexations were approved. Mr. Rosenthal stated there were two concepts, (1) the preservation districts under the Charter, which had not been implemented by the County Commission and (2) the rural settlements which were part of the Orange County Comprehensive Plan. The Lawrence property, which the County referred to as parcel 532, was not in the County rural settlement. Chairman Chapin indicated that the Gotha Rural Settlement had existed in practicality and in the County plan for some time. Commissioner Donegan mentioned the annexation laws of the state since parcels 535, 539 and 521 were finger-like extensions, which were not allowed under the annexation rules. Attorney Wilkes stated the finger-like extension provided grounds for a challenge, but it was up to the County whether to continue the challenge or to settle. Chairman Chapin stated parcel 532 might be the subject of a negotiated settlement with the City but said if parcels 534, 539 and 521, which were in the Gotha Rural Settlement, stayed in the City, a precedent might be set for further incursions into the rural settlement. She wondered if discussion could continue about what was appropriate regarding the land in terms of the interests of the land owners. Discussion could be held equally for the lands within the rural settlement but bordering the City so that it would not have to be done again. City Planner Behrens advised that the top half was zoned one house to ten acres, and the bottom half was zoned one house to the acre. Chairman Chapin advised she was not talking about parcel 532 and was advised the other piece was zoned one house to the acre. Discussion followed. 3 I I G1 � I L, L-LA L. Li JOINT SPECIAL SESSION-OCOEE CITY COMMISSION WITH ORANGE COUNTY COMMISSION JANUARY 25,1993 Commissioner Combs stated he felt the property owners had a right to approach the City in an effort to protect their rights as property owners. He indicated the Wingfield/Gordon Nutt property that was turned down for annexation by the City. He recalled that Vera Carter, a former County Commissioner, asked the City to run water and sewer lines to that property, which the - City was prepared to do until the request was made for 400 units with 1200 square foot houses next to half acre lots. Discussion followed. City Manager Shapiro stated the annexation/deannexation of the land might be an issue to this Commission, but the real issue was land use and providing services to property outside their jurisdiction. He suggested allowing the annexations but waiting a year to talk over the planning of the area. Chairman Chapin stated she did not feel the residents of Gotha would be reassured by the idea that it would simply be postponed a year. She asked the attorney if there was a period to talk and plan jointly but a conclusion could not be reached with the landowners or the City if legal action could still be taken to prevent the annexation. Attorney Wilkes stated that could be done as long as both parties stipulated to holding the litigation in abeyance while the negotiations were attempted. Commissioner Donegan stated the Supreme Court had said citizens have a right to the use of their property, but not necessarily the highest and best use of their property. He said it was in the best interest of the County to keep some of the densities from getting too great. Commissioner Staley stated he had expressed concerns at the December meeting about each of the annexations, from not being compact and contiguous to encroaching into the rural settlement. Chairman Chapin stated she found Commissioner Donegan's argument compelling and asked to hear from members of the County Commission, particularly about the parcels on the south, which she saw in two different ways. She said she had a problem with parcel 532, but she might be prepared to accept a compromised or negotiated settlement on the others. Orange County Planning Manager McClendon stated he felt 532 was still a concern since half of it was in the rural service area. He stated that the council had suggested that utilities would not be provided for seven years. Chairman Chapin asked Mr. Shapiro to explain the seven years, and City Manager Shapiro stated the City was preserving the right to provide services. Attorney Rosenthal clarified that the annexation agreements for parcels designated by the County as 521, 539 and 534, which the City called Baker, Blair and Guess, did not have a seven-year restriction. Parcel 532 was the same. Mayor Vandergrift spoke of the finger-like projection as being a voluntary annexation. Planning Manager McClendon stated a delay of three to six months would allow the City to develop a joint planning area agreement that would clearly identify the area, with a logical and orderly system of expansion for the corporate boundaries and utility systems, to develop an 4 [id U ti !� ti JOINT SPECIAL SESSION-OCOEE CITY COMMISSION WITH ORANGE COUNTY COMMISSION JANUARY 25,1993 agreed-upon pattern for densities of the use that would provide for a proper and suitable transition between the urban area of the City and adjacent rural areas. Then the City and County could go to the State to see if a plan could be approved that both local governments supported. Discussion followed. Commissioner Foster stated he believed there was a common goal and purpose on both sides of the table,that is,to serve the constituents in the best possible way,to provide the best in services. He said the City felt it was in the best position to provide those services. He had trouble telling a property owner that he could not develop his property or could only build one house to ten acres or one house to one acre. He indicated the residents of the historic district must vote on any development approved by the voters in Amendment 3,but the residents of Clarcona or Gotha far outnumbered the property owners who sought to develop their property. He said the problem was that the county residents wanted to impose their will on the property owners, and he was opposed to that concept. He said the City had always sought voluntary annexations, and he felt it was time to consider involuntary annexations. An education program should be commenced that would advise the property owners that the City taxes were less than County taxes. Services would have to be provided by the City or the County, and the City felt it could provide them better. He was opposed to a six-month moratorium as proposed by Commissioner Freeman. He felt the issue should be settled that evening so the City could move forward and the property owners could move forward with plans for their property. Mayor Vandergrift clarified that the City had not sought annexations, but requests for annexations had been brought to the City. Commissioner Pignone was concerned about what the County planned regarding utilities on the west side of the county but was not so concerned about intrusions or projections. She understood the City was better prepared to provide utilities than the County. Discussion followed. Commissioner Mary Johnson felt three months would be enough time to address the issues,but Commissioner Staley felt three months would not be enough time to address the issues. Discussion followed. Commissioner Freeman, seconded by Commissioner Mary Johnson , moved to advance the discussion three months to allow both sides to work together to try to create a joint planning effort. Motion carried 6-1 with Commissioner Staley voting no. Mr. Rosenthal stated he understood there would be a standstill in all pending litigation for a three-month period during which time both sides could continue to talk, but beyond that, there was no commitment on either side. 5 JOINT SPECIAL SESSION-OCOEE CITY COMMISSION WITH ORANGE COUNTY)C SSION JANUARY 25,1993 Chairman Chapin stated she would look for progress and hope for good planning, but the notion of compromise did not mean she was prepared to give on each of the issues. Attorney Rosenthal stated he understood the County has agreed to put a standstill on the challenge to the annexations and to the zonings that had been filed with the City. In turn, they were asking that the City agree not to process any development permits, building permits, rezoning approvals, review of site plans, etc., to impose a three-month moratorium on the property. During that time, there would be some kind of discussion. He asked, if the City were inclined to agree with that, what direction they would take. City Manager Shapiro asked if it was possible that the City would be subject to litigation from any of the landowners that had been annexed and zoned who would be told that for 90 days they could do nothing with their land. Commissioner Foster stated he felt every action taken by the Commission had been legal. All the voluntary annexations had been legal and had fulfilled all the legal requirements and were in keeping with the Comprehensive Plan for the City. Mayor Vandergrift stated he felt the same way as Chairman Chapin and wanted to cooperate with the County but wanted to make sure there was not going to be further legal action. Mr. Applegate stated there had been no choice but to file suit under Chapter 171 since the statute requires that suit be filed within 30 days. He said if an agreement was reached to wait 90 days, then attorneys on both sides should be able to work out the appropriate agreement. Discussion ensued. Attorney Rosenthal stated there might be disgruntled property owners who would object to a three-month delay. Given the time period of three months, it was not economically feasible to the property owners, no matter how disgruntled, to take legal action against the City. Nothing could be resolved in three months, and the delay would be over before any litigation was resolved. He stated he sensed the Commission supported the annexations and zonings they approved. He felt the greater question was the request of the County to restrict property use to one dwelling an acre. He did not think the property owner to whom he had spoken would agree and did not sense that the City Commission would agree to a Comprehensive Plan amendment supporting that. He did not think the property owner, regardless of whether the City amended its Comprehensive Plan, would ever have any expectation of developing his property to a maximum of 3.9 dwelling units to the acre. He felt if there were a delay, there was more a chance to find out if there was a point in between that individual property owners, primarily those with A-1 zoning, would find acceptable. Discussion followed. He sensed the County wanted one dwelling unit an acre and that the property owners believed their better position was to litigate it. City Manager Shapiro stated if it is determined that the Ocoee Comprehensive Plan were legal and binding, which was the position of the City, the Plan gave the City direction, and the property owners sought out the City. The City felt it had the future land use approved in the Plan, and the utilities had been planned accordingly. The biggest problem he saw was a moral 6 inn J Illll..11l1 ,;-._.. JOINT SPECIAL SESSION-OCOEE CITY COMMISSION WITH ORANGE COUNTY COMMISSION JANUARY 25,1993 issue, an issue of the fact that if the Comprehensive Plan was legal and is legal, the people had approached the City, which said it would provide services. Those people then expended money to pay for the advertising and staff time for annexation. There was an agreement between the City Commission and those people. The County was asking to superimpose a position on those people after the fact. If that were not the case, there had been, in their minds, a lawful annexation and in some places, a lawful rezoning. He felt that political expediency also required some morality. Chairman Chapin suggested that a very threshold issue that would need to be resolved right away was his contention that the City's comprehensive plan is legal. She said that was the issue they would wish to attempt to resolve very early so they would know whether the position of the City or the position of the County were correct. Clearly that was a critical element in all this. Commissioner Donegan asked if the parcels involved were subject to impact fees. The answer was yes. Commissioner Foster asked if the concern was densities or contiguous properties or finger projections. He wanted to know if the two could be separated. Chairman Chapin said she thought both were issues of concern, but it seemed possible to her for the planners to work together to resolve some of the enclave issues by talking to the property owners about going into the City. Commissioner Foster asked if involuntary annexations were considered to eliminate the enclaves if it would change the thinking of the County. Chairman Chapin said that was a good question and stated she did not know the state of the law on the issue of involuntary annexations to eliminate enclaves. Attorney Rosenthal stated there is a way to do it and explained. Attorney Yurko stated it is possible under general law under 171, a dual referendum. Mayor Vandergrift spoke of an enclave created years ago in which the property owners are not contiguous to the City. He said he would support legislation to allow voluntary annexation to someone right in the center of an enclave. Commissioner Foster stated that to agree to the moratorium was admitting that the City had done something illegal. He did not believe the City had. Chairman Chapin stated if the City did not agree to the three-month planning period, the County would be forced back to its original position. Commissioner Butler said the need was to find out who was right and who was wrong. Both parties feel they were within their rights. Discussion followed. Commissioner Staley asked if the City could proceed on any of the parcels while the County is going ahead with litigation. Attorney Wilkes stated he felt until the court ruled, there was 7 ILLLI ` ! JOINT SPECIAL SESSION-OCOEE CITY COMMISSION WITH ORANGE COUNTY COMMISSION JANUARY 25,1993 nothing to stop the City, but the property owners would be at risk if they spent any money based on the approval of the City. Commissioner Rusty Johnson stated the City did what the State said it could do. He said if the County thought that was wrong, the County must prove it was wrong. He said they were spending the taxpayers' dollars to do that. Commissioner Mary Johnson stated a motion was made in good faith to try to work out the problem. Commissioner Butler, seconded by Commissioner Staley, moved to adjourn. Motion carried 6-0. Commissioner Foster, seconded by Commissioner Johnson, moved to deny the request for a three-month moratorium regarding the annexations. Motion carried 3-2 with Mayor Vandergrift and Commissioner Woodson voting no. Mayor Vandergrift asked if the City would be processing any of the properties at issue. City Manager Shapiro responded yes, within 90 days. At 8:45 p.m., Commissioner Combs, seconded by Commissioner Foster, moved to adjourn. Motion carried 5-0. Adjournment The meeting adjourned at 8:45 p.m. APPROVED Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 8 fl n Agenda 10-21-97 ; i Uu � Jtem;IIIA MINUTES OF THE JOINT SPECIAL SESSION OF THE OCOEE CITY COMMISSION WITH ORANGE COUNTY COMMISSION HELD ON FEBRUARY 22, 1993 WELCOME AND INTRODUCTIONS Mayor Vandergrift called the Joint Special Session with Orange County Commission to order at 6:16 p.m. in the Ocoee Community Center located at 125 N. Lakeshore Drive. Commissioner Foster offered the prayer and Orange County Commissioner Mable Butler led the pledge of allegiance. CALL TO ORDER AND DETERMINATION OF A QUORUM ORANGE COUNTY- Chairman Chapin called the roll and declared a quorum present. CITY OF OCOEE - Mayor Vandergrift called the roll and declared a quorum present. PRESENT: Orange County: Chairman Chapin, Commissioners Freeman, Pignone, Donegan and Butler. Also present were County Attorney Applegate, Planning Manager Bruce McClendon, Assistant County Attorney Alison Yurko, County Administrator Jean Bennett, County Attorney Tom Wilkes and Deputy County Administrator Byron Brooks, Clerk to the Board Garrison and Recording Secretary Wells. City of Ocoee: Mayor Vandergrift, Commissioners Woodson, Foster, Combs and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Attorney Horan, City Manager Shapiro, Planning Director Behrens and City Clerk Grafton. Discussion re: Orange County's Notice of Intent to File Suit with Respect to Certain Zoning Ordinances Adopted in December and January. Attorney Rosenthal stated that the meeting related to the following ordinances: 92-33, 92-35, 92-37, 92-39, 92-43, 92-45, 92-47, 92-51, 92-55, 92-57, 92-61, 92-71, 92-73, 92-92-75 and 92- 77. He addressed the agreements and restrictions regarding the meeting. Orange County Attorney Applegate concurred with one exception, that is, issues relating to Chapter 164 of the Florida Statutes regarding the holding of a public meeting after notice of a suit and he read the position, intent and purpose of attendance at the meeting of the County. Chairman Chapin summarized Mr. Applegate's statement and asked Mr. Rosenthal his opinion. Mr. Rosenthal stated the City was not willing to stipulate to a stay that would preclude the processing of any development orders. On the issue of attorney fees, the City had not made any decisions. Mr. Applegate stated that no response had been received from the City to the request to stipulate that Chapter 164 did not apply to this meeting. Mayor Vandergrift asked if the suits brought on the annexations were based on 164, and Mr.Applegate replied that they were brought under Chapter 171. He verified that the stay of the litigation notice discussed at the last meeting had nothing to do with the statement he read regarding Chapter 164. Mr. Rosenthal stated at the end of that statement Mr. Applegate commented on staying the litigation. Mr. Applegate stated that was in the County's spirit of cooperation in trying to hold off litigation while the staff tried to negotiate a settlement. LJ LJ JOINT SPECIAL SESSION-OCOEE CITY COMMISSION/ORANGE COUNTY COMMISSION FEBRUARY 22,1993 Mr. Rosenthal stated that in the entire proceeding, Ocoee had filed no response of pleadings other than a response to the purported verified complaint filed by the County, which was denied by the City. The City had not raised any issues with respect to attorney's fees in any proceedings, and the City simply had not filed response of pleadings. The City had been saying that to stipulate to a stay or to stipulate to the issues of the applicability of one statute or another before they know what the final issues are being presented to the City is something the attorneys are not ready to recommend to their client, the City. It has nothing to do with whether the staffs meet. In fact, pursuant to the direction of the City Manager, the Planning Director did attend, notwithstanding the lack of any stipulation, a meeting called by the Orange County Planning Department and was prepared to continue to attend those meetings to discuss a broad variety of planning issues that had been proposed by the County. The discussions were continuing, and he did not view the purpose of the meeting to discuss what essentially were technical issues between lawyers as to the applicability of one statute or another. He believed the issues were (1) because the meeting was required under Chapter 164, in the opinion of the City, to protect the City against potential claims and (2) to put before the two bodies the substantive issues related to the rezonings to give the Commission an opportunity to consider the proposal forwarded to Mayor Vandergrift by Chairman Chapin as opposed to resolving what they would all acknowledge as complex legal issues as to the applicability of three different chapters of Florida statutes. Mr. Applegate agreed but stated he thought they understood why the County needed to make the statement. Mr. Rosenthal stated the City did not dispute the County's statement and fully understood the County's position. Mr. Rosenthal stated the subject of the meeting was to discuss the initial zonings adopted by the City in connection with the various annexations that were discussed in the meeting of January 25, 1993, between the two Commissions, and he advised the City's position. The week before, the City met with all the property owners whose lands were impacted by this dispute between the City and the County as to zonings. The City believed, and the Commission had expressed a belief, that the rights of the property owners were fundamental to what the City did or did not do. All the property owners were told that they were free to meet with representatives of the County and the City and suggest to the City any way they might want to revise or change the zonings granted by the City in order to attempt to get some of them out of their entanglement in this litigation. None of the property owners to date had come to the City to express a request that the City take back or in some way reach an agreement with the County which would impact or in any way change the zonings granted by the City. Commissioner Foster stated he studied the correspondence from the Orange County staff and found it threatening and intimidating. He stated it did not suggest a peaceful solution without concessions from the City and was an imposition of the will of the County on the property owners. He stated he believed competent legal counsel had been received and that the staff at all 2 FLo Lf. JOINT SPECIAL SESSION-OCOEE CITY COMMISSION/ORANGE COUNTY COMMISSION FEBRUARY 22,1993 levels had developed the annexation agreements and zoning ordinances in strict compliance with the comprehensive plan, and he supported the actions of the City. Chairman Chapin said she thought perhaps something would be different at this meeting from the last meeting. Mayor Vandergrift replied the meeting was held to comply with the law and advised he would wait for the County to make a unilateral decision to turn it back to the City or turn it back to the attorneys and keep going. Assistant County Attorney Yurko stated the County could not unilaterally start talking to the planners because they had been instructed by City attorneys not to talk to them about the annexed areas, and she restated the County's position regarding the annexations. Commissioner Woodson stated the City had a comprehensive plan before Orange County's was approved. He stated those rules have been followed, and he could not understand how they could say the comprehensive plan was not legal. Chairman Chapin stated the County acknowledged the City's comprehensive plan as it applied to the City. She said they would never dispute the City's ability to determine the future land uses in the City. The disagreement was that the City had taken land outside the City that was in the Orange County comprehensive plan with different future land use designation, saying it now fit the City's comprehensive plan. She said it did not, that the DCA said it did not and that was the way it was. Mayor Vandergrift stated he would like the position of the DCA to be stated in writing. He said the posing of the question determines the answer. Mr. Rosenthal stated he was aware of the position of the DCA that a municipality cannot exercise extra-territorial powers, and he believed there was a draft letter that went to Orange County that day that said the City cannot exercise extra-territorial powers. The position of the City is that it has never asserted that its comprehensive plan can have any jurisdiction that affects property owners outside the corporate limits of the City but rather when lands are annexed, they become subject to the City's jurisdiction. He said he thought Florida law was clear regarding that issue. Mayor Vandergrift stated he believed the City was required by the State to present a comprehensive plan, which was submitted to and approved by the state. The County presented another plan. The City called for reasonable use of the land, and the County called for one house every ten acres, which is Kissimmee, St. Cloud and Okeechobee planning. Attorney Yurko stated this is an argument that a judge would hear. She said the County, as well as DCA, had a concern that this issue is much bigger than the City. If this kind of thing can be 3 Lc, JOINT SPECIAL SESSION-OCOEE CITY COMMISSION/ORANGE COUNTY COMMISSION FEBRUARY 22,1993 done by the City, it could be looked at by other municipalities. To call this something that is limited expressly to the City would undermine the importance of it. Orange County Planning Manager Bruce McClendon stated that he understood that two to three years ago a request was made for joint planning, but the County planning staff did not have the time to be able to respond to the City. He said there is now time to meet and work out the problems. He felt a resolution to everyone's satisfaction could be accomplished in 90 days. Mayor Vandergrift stated he felt Mr. McClendon grasped the long-range problem that has had Ocoee, Winter Garden and Apopka as the step-children of Orange County. He said Ocoee was going to be the second largest city in the County by the turn of the century without the annexations. He said the City was willing to work with the County. Mr. Rosenthal stated there was a suggestion in the middle of this that the City was opposed to or unwilling to meet with the County on joint planning issues. As far as joint planning issues are concerned, the Planning Department has been thrilled and excited to hear the County is scheduling meetings and is enthusiastically attending them and participating in them. Chairman Chapin asked her staff if there were further comments before she called on Commissioner Freeman. Mayor Vandergrift felt the responsibility was with the County to reach a solution. Chairman Chapin said the County had asked for 90 days to discuss the issues, to meet with the property owners, to revisit this issue and perhaps, if necessary, seek mediation before the Regional Planning Council. She said she thought all that was wanted from the City was an agreement that the City would stay any development orders during that time period. Commissioner Freeman, seconded by Chairman Chapin, moved that the litigation be abated for 90 days in order to incorporate joint planning of the annexed areas into an overall joint planning scheme on behalf of the City and the County. Motion carried 5-0. City Attorney Horan stated there were differences in what Chairman Chapin and Commissioner Freeman said. Chairman Chapin said the City should agree not to consider any development orders or anything relative to the pieces of property the City and County do not own during a 90- day period. Commissioner Freeman stated to abate the litigation for 90 days. If the motion just involved abatement of the litigation it was possibly something the City would want to consider with the property owners, but he thought it would have to be considered in the March meeting. 4 JOINT SPECIAL SESSION-OCOEE CITY COMMISSION/ORANGE COUNTY COMMISSION FEBRUARY 22, 1993 Chairman Chapin stated she was confused about why it was all being said again if nothing had changed. Mr. Rosenthal said there were two sets of ordinances, annexations and zonings; and the original notice from Chairman Chapin only listed the annexation ordinances, and subsequent to that, the City received another letter from the County Legal Department which listed different ordinances, which was the reason for this meeting. Mr. Applegate clarified the County's lack of choice under Florida statutes to exercise its rights to protect the public interest and the difference between a public meeting and public hearing. County Attorney Tom Wilkes stated the County offered not to have to bring everyone to the meeting. They offered just to say that 164 did not apply to all this foolishness. It is all technicalities, and that was why they were at the meeting that night. Commissioner Freeman said he felt the County did not have a strong position about abating any development orders for 90 days. He felt any development would be "at their own risk" in light of the litigation. Upon a request to restate his motion, Commissioner. Freeman stated he asked that the litigation be abated for 90 days in order to incorporate joint planning of the annexed areas into an overall joint planning scheme between Orange County and the City of Ocoee. Chairman Chapin asked if the landowners understood that they proceeded at their, own risk if they wished to pursue development orders. Commissioner Pignone asked if it would be appropriate if there were land owners present to fmd out if they would be willing to wait 90 days. Mr. Rosenthal addressed the City Commission indicating he thought prior to their taking any action on this, given the commitment expressed to the property owners, they should go back to talk to some of the property owners and put the County proposal on the agenda for consideration at the first Commission meeting in March, which would give them an opportunity to see the reaction of the property owners. The County raised the point of the uncertainty of the property owners due to the proceeding, and a 90-day delay for some property owners might leave them in a continued state of uncertainty. Commissioner Freeman asked how long the lawsuit would take compared to the uncertainty of 90 days. Commissioner Butler said even though the City had annexed the property, it really was not in the City but was in limbo. Regardless of whether it was in the City, it was still in the County. Both entities serve the same people so why could not the property owners be asked that night. 5 1 1 I Li. Lru L1= u,.. Li, JOINT SPECIAL SESSION-OCOEE CITY COMMISSION/ORANGE COUNTY COMMISSION FEBRUARY 22, 1993 Mayor Vandergrift stated he understood the motion by the County was to stay the litigation for 90 days, and the City Commission might act upon what the attorney said and confer with the owners of the property between that night and the March 2 meeting,which was a week away, and go back to confirm what the County said or disagree completely. Chairman Chapin suggested the meeting be adjourned and give the City a week to talk to their property owners and that there was a risk if they proceeded. Mr. Wilkes stated for the record "Lawyers cannot assure the County Commission that they can make that risk stick. If development orders are issued and they go forward with their developments that if the County ends up prevailing and wants the property restored to its original condition, we cannot assure you that the County could do that." Commissioner Freeman stated he was disappointed that they could not make a decision. Commissioner Foster stated he agreed with the motion that there be a joint planning session. He believed the joint planning sessions should have taken place years before when the City requested it several times. The City had made commitments to the property owners that he could not back down from unless they requested it. He suggested to the County that they drop the charges against the City and agree to future joint planning sessions to resolve issues that might come before them in the future. Chairman Chapin stated she regretted the fact that they were back at a stalemate. She understood his position and hoped he understood the position of the County. Chairman Chapin, seconded by one of the County Commissioners, moved to rescind the previous motion. Motion carried 4-1,with Commissioner Pignone voting no. Commissioner Rusty Johnson stated nothing was being solved and that he would like to have a representative from the state next time. Adjournment The meeting adjourned at 7:15 p.m. APPROVED Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 6 AgendaemI ItII A10-21-97 LD Liu �� MINUTES OF THE OCOEE CITY COMMISSION WORKSHOP WITH SUPERVISOR OF ELECTIONS COWLES HELD MAY 19, 1997 Mayor Vandergrift called the Workshop to order at 7:10 p.m. in the Commission Chambers. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell and Parker. Also present were City Manager Shapiro, Orange County Supervisor of Elections Cowles, Orange County Senior Mapping Supervisor Willis, Orange County Elections Coordinator Lord and City Clerk Grafton. ABSENT: Commissioner Glass. Mayor Vandergrift introduced Orange County Supervisor of Elections Cowles who advised he called the meeting to talk to the Commission in detail regarding how municipal elections related to the City. He then introduced Orange County Senior Mapping Supervisor Beverly Willis and Orange County Elections Coordinator Nancy Lord. Orange County Senior Mapping Supervisor Beverly Willis displayed a map that showed the lines as recorded by the Elections Office, and she asked City Clerk Grafton to check the map for accuracy. She explained the different overlays on the map and the complicated districts that influence assignments of precincts. She advised that all the areas were drawn according to census geography. Mr. Cowles explained that former Orange County Supervisor of Elections Betty Carter moved the cities off the county elections due to lack of ballot space. Two ballots were tried, but the number of people picking up city ballots compared to county ballots dropped significantly. The problem with having city issues on the same ballot as county issues is confusion to the voters and the logistics involved in getting the right issues on the right ballots. Thus there was no way the cities could go back to the November general election date. There was the thought of having the cities piggy-back an October election date, but if there were a run-off, it would be in the same time frame as the general election. When the issue first was raised, Orlando Mayor Hood was actively involved in trying to find a solution. The offered solution was that all municipalities piggy-back on the presidential preference primary election in March. Every four years, the cities would piggy-back with the county, and in the other three years, all the cities would have stand- alone elections. Mayor Hood made the offer, and Ms. Carter denied the request. If ten of the 13 cities in Orange County decide to hold elections the second Tuesday in March, Mr. Cowles could help by delivering voting equipment, helping in the training of poll workers and the counting of absentee ballots. During presidential election years, the cities would be able to use the county polling places for the elections. There would be the option of deciding whether to use the county precincts on the other years or continuing as had been done in the past few years and use one location. n T H ,\ JJ J OCOEE CITY COMMISSION WORKSHOP WITH SUPERVISOR OF ELECTIONS COWLES MAY 19, 1997 Mayor Vandergrift asked if voting would one day be done via computer or telephone. Mr. Cowles replied that telephone voting did not test well. With those systems, there is no paper trail, and there is the potential for hackers and fraud. Eventually a voter might be able to vote at any precinct by having his ballot printed on demand. Mr. Rosenthal asked if the cities could again vote with the county in November if there were ballot-on-demand. Mr. Cowles said by the time the legislators write the standards to match the technology, the technology has already moved ahead. Mr. Shapiro asked how other counties were overcoming similar problems, and Mr. Cowles explained. Mayor Vandergrift asked if the City would be better served to go to the state and federal governments to tell them of the problems that had been created by the way things had been done, asking for a standard. Mr. Cowles said it needed to be done, but he thought it needed to come from the cities. Commissioner Anderson asked about mail-out ballots. Mr. Cowles said the Legislature would not touch it. Their position is that candidates cannot be voted for by mail. Commissioner Anderson asked about cost to the City for an election day other than in March, and Mr. Cowles stated it would probably be less expensive to the City to have the election in March. Discussion followed regarding the funding of equipment by the cities, voter turnout and district lines. Commissioner Anderson asked Mr. Cowles if he would consider the possibility of two ballots, and he said he would. Ms. Willis said it was a good time to address the drawing of the district lines with the Legislature and impress them with the idea that they needed to use major roads as landmarks and to stay away from neighborhoods and small interior roads. She asked about interlocal agreements, and Mr. Shapiro suggested that Mr. Cowles might want to ask the communities for those agreements. With them he might be able to show the legislative delegation that many of the lines had already been set in some manner, which might be to his advantage. Discussion followed. Mr. Cowles said Windermere, Eatonville and Apopka were left on his schedule to visit. After he had completed those visits, he would complete a summary and mail it to all the municipalities. 2 U LiL) OCOEE CITY COMMISSION WORKSHOP WITH SUPERVISOR OF ELECTIONS COWLES MAY 19, 1997 He had scheduled a meeting with the City Clerks in the early fall to receive feedback and then communicate with the cities. Discussion ensued regarding runoff elections and their scheduling. Mayor Vandergrift thanked Mr. Cowles for meeting with the City. He expressed his desire to have the City, if the Commission so wanted, to lead the fight to say to the state and federal governments that they should get together and give more credence to precinct lines. He said he would have no problem moving to the March primary date so that every four years the City could piggy-back the presidential preference primary. Commissioner Howell preferred a November election, however, he had no opposition to the March primary date every four years. Commissioner Anderson preferred trying two ballots with one election day. Commissioner Parker wanted a November election date, if at all possible. If not, she at least had a better understanding of why the changes occurred. In the meantime, she would be willing to go with the March election. Mr. Shapiro thanked Mr. Cowles for his help. Mayor Vandergrift summarized the position of the Commission. Mrs. Fran Watts expressed her desire to have the election in November. Commissioner Howell commended Ms. Willis on the outstanding job she did with the map. Adjournment The meeting adjourned at 8:30 p.m. APPROVED Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 3