HomeMy WebLinkAboutIII(A) Approval And Acceptance Of Minutes Of City Commision Regular Meeting Of October 21, 1997 and Various other Commission meetings® Do
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AGENDA 11-04-97
Item III A
MINUTES OF THE CITY OF OCOEE REGULAR CITY COMMISSION MEETING
HELD OCTOBER 21,1997
CALL TO ORDER
Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission
Chambers. Pastor Ray Gibbs, Ocoee 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, Director, of Community Relations/Projects
Resnik, Planning Director Wagner, Building Official Flippen, Finance Director
Horton, Finance Supervisor Carter, Fire Chief Strosnider, Police Chief Mark,
Public Works Director Smith and City Clerk Grafton.
ABSENT: None.
PRESENTATIONS AND PROCLAMATIONS
PRESENTATION - RETIREMENT CHAIR AND PLAQUE TO POLICE SERGEANT WILLIAM A.
(ANDY) GAILIT - 1973-1997.
Police Sergeant William A. Gailit (Ret.) was not present to accept this award.
FIRE POSTER PRESENTATIONS.
Fire. Chief Strosnider reported that his department had conducted classes in basic fire survival
tactics in the schools and had reached many children. He then introduced Lieutenant Vaughn,
Chairman of the Fire Prevention Posters Contest. Lieutenant Vaughn recognized Mrs. Delilla
and Mr. McCann, who were the "Spark Plugs" for the Poster Contest at Ocoee and Spring Lake
Elementary Schools respectively, and thanked them for all their work. He then presented
trophies to 1 st, 2nd, 3rd and 4th place winners from the two schools.
CONSENT AGENDA
The consent agenda consisted of items A, B, C and D. Commissioner Glass, seconded by
Commissioner Parker, moved to approve the consent agenda as presented. Motion carried 4-0.
(Commissioner Anderson was not present.)
A. Approval and Acceptance of Minutes of City Commission Regular Meetings of October 7,
1997, November 5, 1996 and December 3, 1996; Joint Special Sessions with
Apopka/Ocoee/Winter Garden of MU 30, 1996 and March 6, 1997; Joint Special
Sessions with Orange County of January 25, 1993 and February 22, 1993; and Work
Session with Supervisor of Elections of May 19, 1997.
B. Approval and Authorization for Mayor and City Clerk to execute First Amendment to
Interlocal Agreement Between Orange County and the City of Ocoee regarding the
Distribution of Proceeds of the 911 Emergency Telephone System Fee.
C. Approval and Authorization for Mayor and City. Clerk to execute Lease Purchase
Agreement for Lodall EVO-T-25 Sideloader Truck:
Ocoee City Commission Regular Meeting
October 21, 1997
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D. Approval and Authorization for Emergency Purchase to Fix Truck #3 for Sanitation
Department.
COMMENTS FROM CITIZENS/PUBLIC - None.
ANNOUNCEMENTS/CORRESPONDENCE BY COMMISSIONERS
Commissioner Howell:
1) Said the school board issue had been moved to the November 4, 1997, Commission meeting
due to the size of tonight's agenda.
Commissioner Anderson:
1) Recognized and thanked the Founders Day Committee: Chairman Fred Gardner, Jane
Gardner, Wayne Vaughn, Betty Hager, Mike Everheart, Jim Beech, Debbie Chaudrey,
Elizabeth & Harold Maguire, Bruce Nordquist, Carolyn Alexander and Vickie Prettyman.
Commissioner Glass:
1) Congratulated students who won in the fire prevention posters contest and thanked the Fire
Department for all its efforts in putting the program together.
Commissioner Parker:
1) Expressed concern over the new policy of publishing a list on the Internet of registered
sexual predators, identifying them by name and address. She introduced Police Officer
Sandy Morris, who explained the differences between sexual predators and sexual
offenders; and offered advice on how to keep children safe from them. She also said Police
Chief Mark would be scheduling regular monthly meetings on this issue for those interested.
Mayor Vandergrift directed Chief Mark to speak with those in charge of filming the
Commission meetings and propose airing a 15 minute informational program regarding
appropriate actions when a convicted sex offender or predator moves near them. Chief Mark
said citizens could call 1-888-357-7332 (Fla -Predator) or www.fdle.state.fl.us for more
information.
Mayor Vandergrift:
1) Announced a town meeting on October 30, 1997, in the Commission Chambers regarding
school issues. All citizens are encouraged to attend or watch on television.
2) Announced the RSVP No. 656-2218.
PUBLIC HEARINGS
SECOND READINGS OF ORDINANCES
ORDINANCE NO. 97-21, ANNEXATION - CASE NO. AR -97-03-02: WEST OAKS UNITED
METHODIST CHURCH.
City Attorney Rosenthal read this Ordinance by title only. Planning Director Wagner
presented the staff report and displayed a map on the overhead projector of the subject property
which is located north and east of the intersection of Clarke Road and White Road. He said the
7.9 acre parcel of land was vacant, and that if the requested annexation was approved, the West
Oaks congregation would establish a multi-purpose church on the property. Mr. Wagner added
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Ocoee City Commission Regular Meeting
October 21, 1997
that no annexation agreement was required with this development as the Church had previously
dedicated the right-of-way when Clarke Road was constructed.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Commissioner Glass,
consistent with the: (1)
Ocoee - Orange County
97-21 providing for the
02. Motion carried 5-0.
)ner Anderson, moved (a) to
and (b) to a
No.
ORDINANCE NO. 97-22, ZONING - CASE NO. AR -97-03-02: WEST OAKS UNITED METHODIST
CHURCH.
City Attorney Rosenthal read this Ordinance by title only. Planning Director Wagner
presented the staff report and explained that, under the A-1 zoning this petitioner was requesting,
the 7.9 acre Low Density Residential (< 4 du/acre) parcel of land would not be reviewed as a
Special Exception and any site plan(s) would be reviewed administratively by City staff.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Commissioner Anderson, seconded by Commissioner Glass, moved (a) to find the application
consistent with: (1) the Ocoee Comprehensive Plan, (2) the Future Land Use Map, (3) the Ocoee
Land Development Code, and (4) the requirements of the JPA Agreement; and (b) to approve
Ordinance No. 97-22 providing for the rezoning of West Oaks United Methodist Church in Case
ORDINANCE NO. 97-23, AMEND COMPREHENSIVE PLAN - CASE NO. CPA -97-001: JOINT
VENTURE.
City Attorney Rosenthal read this Ordinance by title only. Planning Director Wagner
presented the staff report and displayed a map showing the location of the vacant subject
property located on Hackney -Prairie Road approximately 200 feet east of Clarke Road, south of
Prairie Lakes Subdivision. He explained that the requested change was consistent with the City
of Ocoee's Comprehensive Plan, Land Development Code, surrounding land uses and would be
compatible with the surrounding pattern of low density residential land uses and zoning districts.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Commissioner Glass, seconded by Commissioner Parker, moved (a) to find the application
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(3) surrounding land uses; and (b) to approve Ordinance No. 97-23 providing for a Future Land
Use Designation change from Commercial to Low Density Residential for the Prairie Lake Joint
Venture Property (Case #CPA -97-001). Motion carried 5-0.
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Ocoee City Commission Regular Meeting
October 21, 1997
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ORDINANCE NO. 97-24, REZONING - CASE NO. R-97-03-03: JOINT VENTURE.
City Attorney Rosenthal read this Ordinance by title only. Planning Director Wagner
presented the staff report and explained that the subject property located on Hackney -Prairie
Road approximately 200 feet east of Clarke Road, south of Prairie Lakes Subdivision was vacant.
He said the rezoning application would be consistent with the Ocoee Future Land Use Map and
was consistent with the City's overall goal of establishing an appropriate pattern of land uses.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
District for the Prairie Lake Joint Venture .Froperty (Case # F, -9'/ -UJ -U3). Motion carried 5-U.
ORDINANCE NO. 97-25, REZONING - CASE NO. R-97-07-05: GOMES.
City Attorney Rosenthal read this Ordinance by title only. Planning Director Wagner
presented the staff report and displayed a map on the overhead projector of the subject property
located on the northeast corner of Wurst Road and Spring Lake Circle. He explained that half of
the property contained an existing 5,000 square foot shopping center and the other half was
undeveloped. He said staff had determined that the rezoning request was consistent with the City
of Ocoee's Comprehensive Plan, Future Land Use Map, Land Development Code, existing
development pattern and surrounding zoning districts; and recommended approval for a rezoning
from a C-1 Neighborhood Shopping District to a C-2, Community Commercial District.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Commissioner Anderson asked Mr. Carlos Gomes (property owner) if he intended to open a bar
on said property and Mr. Gomes replied no.
Commercial District,. Motion carried 5-0.
ORDINANCE NO. 97-26, REZONING - CASE NO. R-97-07-06: SAFE STOR OF OCOEE.
This petition was withdrawn by the applicant.
Planning Director Wagner announced that Senior Planner Abra Horne (now on vacation) had
prepared the staff reports for the cases just presented, while Mapping & Graphics Analyst Robert
Horne had prepared the graphics.
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Ocoee City Commission Regular Meeting
October 21, 1997
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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 introduced
Mr. Lee Dehner, Attorney for the General Employees Pension Board.
The public hearing was opened.
Attorney Dehner advised Commission that the Pension Board had presented this Ordinance to
accomplish several purposes: (1) to amend the limitations in its investment policy in accordance
with the advice of the investment advisors, (2) to increase the contributions from its membership
from 5% to 7.4% of their salary in response to the majority vote in an employee poll regarding
sharing in the cost of increasing the multiplier, (3) increase the benefits for its members by
increasing from two percent (2%) to two and one-half percent (2.5%) of the Average Final
Compensation for each year of credited service, and (4) to increase the monthly retirement
benefit being paid to all retirees and beneficiaries who were receiving benefits on June 15, 1997
by ten percent (10%).
Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked for clarification on a few details and
Attorney Dehner explained.
General Employee Retirement Trust Fund Chairman Lester Dabbs, 619 Caborca Court,
advised that 92% of the employees had responded to the poll regarding the increase in employee
contributions and 76% of those had voted in favor of the increase.
Commissioner Howell, seconded by Commissioner Parker, moved to adopt Ordinance No. 97-
27, amending the General Employees' Retirement Trust Fund and authorize the Mayor and City
Clerk to execute. Motion carried 5-0.
ORDINANCE NO. 97-28, AMENDING POLICE OFFICERS'/FIREFIGHTERS' RETIREMENT TRUST
FUND ORDINANCE 96-20.
City Attorney Rosenthal read this Ordinance by title only.
The public hearing was opened.
Attorney Dehner, explained that this investment program was similar to the General Employees
Plan, with one major exception that the multiplier was a 1/2 percent higher because the plan was
significantly funded by State money pursuant to state policy so that police officers and fire
fighters have the ability to retire at earlier ages. This Ordinance proposes (1) to amend the
limitations in its investment policy in accordance with the advice of the investment advisors, (2)
to increase the contributions from its membership from 5% to 7.6% of their salary in response to
the majority vote in an employee poll regarding sharing in the cost of increasing the multiplier,
(3) increase the benefits for its members by increasing from two and one-half percent (2.5%) to
three percent (3%) of the Average Final Compensation for each year of credited service, and (4)
to increase the disability benefits from two and one-half percent (2.5%) to three percent (3%) of
the member's average final compensation multiplied by the total years of credited service, and
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Ocoee City Commission Regular Meeting
October 21, 1997
(5) to provide that, when a retiree is receiving a disability pension and workers' compensation
benefits, or Social Security disability benefits, for the same disability, and the total monthly
benefits received from each combined exceed 100% of the member's average monthly wage, the
disability pension benefit shall be reduced so that the total monthly amount received does not
exceed 100% of such monthly wage.
The public hearing was closed.
Commissioner Howell, seconded by Commissioner Glass, moved to approve Ordinance No.
97-28, amending the Police Officers' and Firefighters' Retirement Trust Fund and authorize the
Mayor and City Clerk to execute. Motion carried 5-0.
ORDINANCE NO. 97-29, AMENDING PERSONNEL RULES AND REGULATIONS RE: CITY
MANAGER.
City Attorney Rosenthal read this Ordinance by title only. City Manager Shapiro said that he
was present to answer questions.
The public hearing was opened.
Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked what the purpose of the Ordinance
was. Mr. Rosenthal explained that under the current Personnel Rules and Regulation, the City
Manager was an exempt employee. This Ordinance was intended to make the City Manager
subject to the general personnel rules and regulation except for the specific ones that would not
apply.
The public hearing was closed.
Commissioner Glass, seconded by Commissioner Howell, moved to approve Ordinance No.
97-29 as presented. Motion carried 5-0.
ORDINANCE NO. 97-30, REQUIRING ZONING DISCLOSURE SIGNS.
City Attorney Rosenthal read this Ordinance by title only. Building Official Flippen gave a
brief overview of the staff report and displayed examples of an 11 x 17 and an 81/2 x 14 sign.
He requested that the signs be reduced to 81/2 x 14 for better appearance.
Commission reached consensus to keep signs at 11 x 17.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Commissioner Glass noted that, on page 3, section 137-5 of the Ordinance, the last sentence
should read "each day" instead of "each say."
97-30. reauiri
Ocoee City Commission Regular Meeting
October 21, 1997
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AMOCO PETROLEUM PRODUCTS SPECIAL EXCEPTION - CASE No. 1 -ISE -97
Planning Director Wagner presented the staff report and displayed a map on the overhead
projector of the proposed Amoco convenience store located at the northeast corner of the
intersection of Clarke Road and Silver Star Road. He said that one of the main issues discussed
during the review of the application was an existing 36 inch oak tree and efforts to preserve the
tree. The Planning Department staff worked closely with the site designers to rework the site to
preserve the tree and did so. Both the Development Review Committee and the Planning and
Zoning Commission voted unanimously to recommend approval of the proposed Preliminary
Plan and Special Exception for Amoco Petroleum Products, including the waiver to the 50"
building setback from Clarke Road in order to preserve the existing 36 inch oak tree on the site.
Mayor Vandergrift complemented the Planning Department for their efforts in saving a 100
year old oak tree.
Commissioner Howell asked how big the petroleum tanks were.
The public hearing was opened.
Mr. Steve Bongs, Project Manager for Tampa Bay Engineering, responded to questions
regarding the size of the underground tanks.
Commissioner Anderson raised a question about traffic cutting through the site and discussion
ensued.
The public hearing was closed.
Commissioner Glass, seconded by Mayor Vandergrift, moved to approve a Special Exception
for Amoco Petroleum Products, to be built according to the Preliminary Plan date stamped
received by the City on October 6, 1997, including a waiver to the 50' building setback from
Clarke Road in order to preserve the existing 36 inch oak tree on the site. Motion carried 3-2.
(Commissioners Howell and Anderson voted no.)
WORSHAM SUBDIVISION - PRELIMINARY/FINAL SUBDIVISION PLAN - PROJECT 997-004.
Planning Director Wagner gave a brief overview of the staff report and displayed the
Preliminary/Final Subdivision Plan of this three -lot commercial subdivision located on the east
side of Clarke Road just north of SR 50 on the overhead projector. Mr. Wagner pointed out that
three waivers from certain standards in the Land Development Code had been requested, (1)
internal lot landscaping requirements, (2) parking bay and access aisle width requirements, and
(3) final subdivision engineering detail requirements, all of which had been considered by staff
during its review of the plans. Mr. Wagner noted further that certain changes needed to be
made on the wording of Note 1 l(B) on Sheet SD -2A of the plans, i.e., delete "Prior to platting"
and "subject to the terms of such cross access easement agreement." He added that the approval
of the Plan should be made subject to the approval of the request to vacate the unnamed 30' road
right-of-way running along the southern boundary of the Worsham property.
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Ocoee City Commission Regular Meeting
October 21, 1997
RECESS - 9:15 - 9:23 P.M.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Commissioner Anderson, seconded by Commissioner Glass, moved to approve the
Preliminary/Final subdivision Plan for the Worsham Subdivision with the following
considerations as date stamped received by the City on October 2, 1997,including the three
waivers outlined above and listed in the Waiver Table on Sheet SD -2A of the plans, including
the change indicated above to the wording in Note ll(B) on Sheet SD -2A, and subject to
annroval of the reauest to vacate the unnamed 30' road right-of-wav running alone the southern
Commissioner Howell pointed out that the map being presented already showed the right-of-
way as vacated, which was not so.
Mr. Todd Hudson, representing Tipton Engineering & Associates, said that was put there to
show what would be theirs after vacation.
Discussion ensued regarding the disposition of vacated land
a
The vote for the original motion to approve
inccrnarating the amendment "to be vacated" at the
5-0
WORSHAM APPLICATION - REQUEST TO VACATE UNNAMED 30' ROADWAY
RESOLUTION NO. 97-06, VACATING UNNAMED 30' ROADWAY. (Continued from June 1997)
City Attorney Rosenthal read this Resolution by title only.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Commissioner Anderson, seconded by Commissioner Glass, moved to approve Resolution 97-
06 vacating an unnamed 30' road right-of-way platted as part of the Orlando Groves
Association Lake Lotta Groves, which lies on the east side of Clarke Road and situated between
the V
north
currentiv bei
MICHIGAN AVENUE - REQUEST TO VACATE A 30' ROAD RIGHT-OF-WAY - SANDEV CORP.
RESOLUTION NO. 97-11, VACATING A PORTION OF MICHIGAN AVENUE PLATTED AS PART OF
THE ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES.
City Attorney Rosenthal read this Resolution by title only. Planning Director Wagner gave a
brief overview of the staff report and displayed a map of said property. He said he had
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Ocoee City Commission Regular Meeting
October 21, 1997
discussed this vacation with the utilities and County and a utilities easement will be maintained
over the property, but this will put it on the tax roll.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
line of State Road 50 to a point 502.4 feet south of the south right-of-way line of State Road 50.
Motion carried 5-0.
OTHER BUSINESS
FIRST READING OF ORDINANCES SECOND READINGS AND PUBLIC H_ EARINGS SCHEDULED FOR
NOVEMBER 4,1997 AT 7:15 P.m.
ORDINANCE NO. 97-31, WEST OAKS MALL PUD LAND USE PLAN - CONDITIONS OF
APPROVAL AMENDMENT PROJECT #94-011.
City Attorney Rosenthal read this Ordinance by title only.
ORDINANCE NO. 97-32, AMENDING PERSONNEL RULES AND REGULATIONS BY ADDING
MARTIN LUTHER KING, JR. DAY HOLIDAY AND CHANGING CHRISTMAS EVE HOLIDAY TO THE
DAY THAT ACCOMMODATES THE CALENDAR.
City Attorney Rosenthal read this Ordinance by title only.
City Manager Shapiro announced that the changing of the Christmas Eve holiday had been
suggested by a few employees, but that he would poll all employees and bring the results to the
public hearing.
Mayor Vandergrift announced the second readings and public hearings of both ordinances to be
November 4, 1997 at 7:15 p.m.
BEECH CENTER
REPORT ON BID OPENING/REQUEST TO SCHEDULE PRESENTATIONS FOR NOVEMBER 4, 1997
MEETING.
Finance Supervisor ' Carter requested that the Mayor and Commissioners allot time at the
November 4, 1997, regular Commission meeting_ to review findings of the Selection Committee
and hear a 20 minute presentation by each proposer.
Commission reached consensus to allot one hour to review findings of the Selection Committee
and to meet during the regular Commission meeting.
DISCUSSION/ACTION RE: JOINT OCOEE/WINTER GARDEN.WATER REUSE PLANNING.
City Engineer/Utilities Director Shira gave a brief overview of the staff report, saying that this
is an opportunity to join with Winter Garden to develop a water reuse project, putting Winter
Garden's effluent on the golf course and directing Ocoee's to commercial/residential sites in
Ocoee until the rainy season, when demand for reclaimed water is lessened. At that time it
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Ocoee City Commission Regular Meeting
October 21, 1997
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would be diverted to the Winter Garden site, which ultimately drains into Lake Apopka.
Andreyev Engineering, Inc. has submitted a proposal to gather and analyze data from Ocoee's
and Winter Garden's utility systems in order to prepare a conceptual plan for submission. to
FDEP and SJRWMD. Upon approval of the conceptual plan by those agencies and by both
cities, further authorizations issued by each city will allow proceeding with the design of the
specific components of the joint system.
Mayor Vandergrift, seconded by Commissioner Glass, moved to approve authorization for
Andreyev Engineering, Inc. to proceed with Tasks 1 and 2 -as outlined in their proposal number.
NEA -97-081 for a not -to -exceed fee of $3,466.00. Motion carried 5-0.
STAFF REPORTS
City Manager Shapiro said that it is time again for joint meetings to discuss legislative issues
with Apopka, Windermere and Winter Garden and that Mondays appear to be the best day of the
week. He asked Commission to determine a good day for them so that invitations to the other
cities could be processed.
Commission reached consensus to meet on Monday, November 10, 1997, for briefing on the
upcoming legislative session.
COMMENTS FROM COMMISSIONERS
Commissioner Howell
1) Asked about the bid on City Hall siding. City Manager Shapiro advised that there were 2
bids received, but neither had a bid bond. The references are now being checked on the low
bid and a report will be presented at November 4"' meeting on that. Subj ect to what is found,
it may be necessary to re -bid.
2) Announced the police department phone numbers for information on how to keep your kids
safe and for informational meetings that will be scheduled, for those who may have missed
the announcement earlier in the meeting when the discussion regarding the sex offenders
residing in local neighborhoods was held.
3) Reminded all to vote and return the ballot on the 1% sales tax. _
4) Announced the Freewheeling Safety Fest on Saturday, October 25 at 10:00 a.m. at
Albertson's parking lot.
5) Wished Debbie McDonald happy birthday.
Commissioner Anderson:
1) Announced the website address for information re: sex offenders: www.fdle.state.fl.us and
the Ocoee address: www.ci.ocoee.fl.us.
Commissioner Glass:
1) Announced the West Orange Junior Service League Casino Night at West Orange Country
Club October 25, from 7:00 p.m. to 11:00 p.m. Tickets are $35.00 and those interested
should call Kathy Glass at 877-0661 for more information.
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Ocoee City Commission Regular Meeting
October 21, 1997 U ��
Commissioner Parker:
1) Announced RSVP number 656-2218.
Mayor Vander rg ift:
1) Thanked Ivy Harris and Wall, Inc. for building a park for the Christian Services Center.
2) Discussed the map showing city parks and the at -a -glance list of parks and the amenities at
each that have been prepared by the GIS and Recreation departments.
3) Advised that he has been meeting with the people who use Flewelling Park on Sunday
evenings and he thanked whoever put in the water fountain, then he noted some needs at that
location:
a) more trash receptacles,
b) portable rest rooms,
c) signs should be in English and Spanish,
d) signs displaying park hours (closing that park at 9:30 p.m. was suggested by the users)
4) Will be meeting with a group on Wednesday at 2:00 p.m. and planning the October 30
meeting regarding the school situation and asked for input from Commission.
5) Reported a complaint on Hackney Prairie (Forest Oaks) retention pond that ATVs are going
through the pond. Need signs.
6) Reported sidewalks that need attention:
a) hole at fire hydrant #2177 at 473 Wurst Road
b) at 702 Wurst Road the sidewalk needs to be straightened out
7) Fields need mowing at the sewer plant
8) Soccer fields need mowing. Mr. Shapiro advised the teams decided not to use it because they
have gone back to the school field.
9) Gang graffiti at Little League field needs to be removed.
ADJOURNMENT
The meeting was adjourned at 10:15 p.m.
Attest:
Jean Grafton, City Clerk
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APPROVED:
S. Scott Vandergrift, Mayor
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AGENDA 11-04-97
Item III A
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MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION
FINAL BUDGET PUBLIC HEARING HELD SEPTEMBER 10, 1997
CALL TO ORDER
Mayor Vandergrift called the Special Session/Public Hearing to finalize the FY 1997-98 budget and
adopt the final millage rate to order at 7:30 p.m. in the commission chambers. 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, Finance Director Horton,
Personnel Director Psaledakis, Fire Chief Strosnider, Planning Director Wagner, Building
Official Flippen, Assistant City Engineer Wheeler, Assistant Finance Supervisor Carter,
Budget Technician Strickland, and City Clerk Grafton.
ABSENT: None
Mayor Vandergrift announced that this was an advertised public hearing to finalize the budget and
adopt a final millage rate for the City of Ocoee. He stated that the City Commission has previously
approved a tentative millage rate of 4.0 mills which represents a 12.391 % increase in millage over the
rolled -back rate of 3.559 mills.
Finance Director Horton announced that the proposed 4.00 mills to fund the budget proposed for
fiscal year 1997-98 represents a 12.391 % increase in millage over the rolled -back rate of 3.559 mills.
The revenues generated will be used for funding the following:
• additional personnel and reclassifications to realign positions in the City Manager, City Clerk,
Police, Fire, Public Works, Inspections and Recreation Departments
• enhancements to employee benefits
• continued upgrading of the computer system, including a permitting system via the telephone, and
• leasing vehicles to upgrade the rolling stock throughout the City.
PUBLIC HEARING
The public hearing was opened and Mayor Vandergrift asked for comments from the citizens.
Comments by Citizens
Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, Ocoee, asked when the City would be running its
own recycling program, as he has suggested several years. City Manager Shapiro responded that
currently (and for several more years) the City is under mandate to use the County program.
Mr. Jeff Gerber, 11022 Orangeshire Ct. observed that expenditures appeared to exceed revenues.
Finance Director Horton explained that part of the expenditures are transfers into reserves (as
required by law), but the actual operating expenditures do not exceed the revenues. Mr. Gerber
asked if a citizen would be able to review the line items of the budget, and Mr. Shapiro advised that
the budget book would be available in the City Clerk's office during regular office hours for any
citizen to review.
Ocoee City Commission Special Session -Final Budget Public Hearing
September 10, 1997 n� MIa � v
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Comments by Commissioners
Mayor Vandergrift asked for comments from Commissioners, and then reviewed a handout he had
distributed to reinforce his position, i.e., that not going to the rolled -back rate constituted an increase
in tax. The handout consisted of (1 &. 2) the advertisements indicating a proposed tax increase made
necessary by not rolling back to the roll -back rate of 3.559, (3) a copy of the staff report supporting
4.00 mills, (4) . a page comparing the gross taxable value and proposed millage rates of surrounding
municipalities, (5) his proposed property tax notice showing an increase in his taxes if the City holds
the millage at 4.0 mills, (6) the 1997 DR 420 Certification of Taxable Value, and (7) the 1996 DR
420 Certification of Taxable Value. Discussion ensued regarding the rolled -back rate vs. tax increase.
Mayor Vandergrift asked if there were any amendments to the proposed adopted budget and there
were none.
Commissioner Anderson, seconded by Commissioner Glass, moved to adopt Ordinance No. 97-18
setting a final millage rate of 4.0 mills for Fiscal Year 1997-1998.
City Attorney Rosenthal read the title only of Ordinance No. 97-18 setting a final millage rate of 4.0
mills. He then announced that the name of the taxing authority is the City of Ocoee, the rolled -back
millage rate is 3.559 mills, that the percentage by which the proposed millage rate exceeds the rolled -
back rate is 12.391 %, and that the millage rate proposed by the Ordinance is 4.0 mills.
Mayor Vandergrift asked for comments/questions from the citizens present and no one wished to
speak. He then asked for comments/questions from the Commission and there were none. When the
vote was called for the above motion on the millage rate the motion carried 4-1 with Mayor
Vandergrift voting no.
Motion to Adopt the Final Budget
Commissioner Glass, seconded by Commissioner Parker, moved to approve Ordinance No. 97-19
adopting a final budget for the Fiscal Year beginning October 1, 1997 and ending September 30, 1998.
Before the vote was called for, both citizens and Commissioners were given an opportunity to
comment. As no one wished to speak the vote was taken without further discussion. Motion carried 4-
1 with Mayor Vandergrift voting no.
Mayor Vandergrift closed the public hearing.
ADJOURNMENT
The meeting adjourned at 7:55 p.m.
Attest:
Jean Grafton, City Clerk
Page 2 of 2
APPROVED:
City of Ocoee
S. Scott Vandergrift, Mayor
C� � n r� 2 ; AGENDN 11-04-97
+f�nU� jU ILIA i Item III A
MINUTES OF THE JOINT SPECIAL SESSION OF THE CITY COMMISSIONS OF
THE CITIES OF APOPKA, OCOEE AND WINTER GARDEN HELD TO REVIEW
THE WESTERN BELTWAY ROUTE ON OCTOBER 10, 1995
WELCOME AND INTRODUCTIONS
Mayor Vandergrift welcomed the Commissions, guests and citizens to the Special Session
called to review the Western Beltway Route at 7:30 p.m. in the Ocoee commission chambers.
Mayor Land offered the prayer and Mayor pro tem Morabito led the pledge of. allegiance.
Mayor Vandergrift thanked staff and volunteers for their help in preparing for this meeting 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-not present, Mayor pro tem Morabito
presided.
PRESENT:
City of Apopka: Mayor Land, Commissioners Arrowsmith, Dean, Holmes, and Johnson and
Assistant City Administrator Douglas.
City of Ocoee: Mayor Vandergrift,. Commissioners Glass,' Gleason.and Johnson, City Manager
Shapiro, City Attorney Rosenthal, Planning Director Wagner, City Clerk Grafton.
City of Winter Garden: Mayor pro tem Morabito, Commissioners Anderson and Youngblood,
City Manager Holden, City Attorney Ardaman, and City Clerk Pryor.
Mayor Vandergrift introduced Commissioners Bob Freeman and Tom Staley, Orange
County; Fay Oukas, Bob Sindler's office; and Carl Patterson, Planner from the City of
Windermere, and turned the meeting over to A.Wayne Rich, Chairman, and Dr. Harold W.
Worrall, Executive Director, Orlando -Orange County Expressway Authority.
Chairman Rich gave a brief history of events leading to this meeting. Approximately one year
Ago the Expressway Authority formed a Western Beltway Task Force that was charged with the
responsibility of bringing together the interested parties for the Western Beltway corridor to form
a partnership on how to make this project work. Since its inception, there has been participation
from each of the municipalities involved in this corridor, as well as Orange County and the
private sector, specifically in the form of the Beltway 2000 group and the Horizons West group.
Each of these entities has had a role in the Western Beltway Task Force in policy-making. A
number of traffic consultants, engineers, etc. has supported the Western Beltway Task Forcer
For the last year this group has met on a regular basis to bring together the various parts on
making this project a reality.
The Authority is currently paying for the updates and the project development and engineering
studies. These studies reflect the alignment as it ultimately will be and the environmental
concerns and the traffic considerations that have to be addressed.
Joint Special Session of the City Commissions of U ��
The Cities of Apopka, Ocoee and Winter Garden to
Review the Western Beltway Route
October 10, 1995
He explained the difference between route and alignment. The route is the "magic marker"
approach through a particular area. It is usually a broad definition of what is proposed. The
alignment is the hard-line engineering drawing which definitively shows where the facilities are
going to go. This meeting was to discuss route.
Through the outstanding efforts of State of Florida Representative Webster and Senator Jennings,
the Department of Transportation has facilitated this effort with a $15 million loan from the
revolving trust fund and a $6.3 million grant for right-of-way acquisition for the Western
Beltway. These funds are allocated, and the Authority is in a position to be able to dedicate those
funds for acquisition. These funds are to be spent prudently and timely. There is hope that if
there is a successful allocation of these funds, there will be more funds forthcoming.
A statutory requirement for the spending of the allocated funds is that a resolution be adopted by
each city. The cities will be asked to approve the route - not a hard-line alignment - and approval
must be unanimous. The route will be taken to the Expressway Authority for final action so
right-of-way acquisition activities can commence. Mr. Rich then introduced Dr. Worrall.
Dr. Worrall stated the work is basically in four areas (1) engineering - the preliminary design
and environmental process for both Parts A and C; (2) estimating the cost for right-of-way and
trying to determine what parcels might be required to be taken in Parts A and C; (3) the financial
aspects, what bond strategy might be taken ultimately to fund the construction of the project; and
(4) traffic and revenue. Traffic and revenue is the key issue when talking about cost feasibility in
ultimately building the road.
Dr. Worrall introduced Mark S. Callahan, P.E. , Associate Vice President, Greiner, Inc., who
is working on the Part A alignment, the part from U.S.441 south to the Florida Turnpike.
Mr. Callahan indicated that the original studies for the Western Beltway were done in the late
1980s, and the current work has been to update those studies and look at specific areas where
cost-saving measures and reductions in impacts can be taken. He discussed Part A, indicating a
map. Interchanges are planned at the Florida Turnpike, State Road 50, State Road 438 (Franklin
Street/Silver Star), and County Road 437. Since a specific issue is cost-saving, three possible
alignments are being studied as part of the update studies to see which would be most cost
feasible. Two of the possible alignments go through the Orange County water treatment plant
system. He referred to dark lines on the exhibit that indicated the proposed Apopka Bypass.
There is an ongoing but separate study that is being closely coordinated with the Apopka Bypass
planning. The study has determined that it makes a great deal of sense to have access with the
Apopka Bypass. Consequently, a study will be made of the specific interchanges there. 'In the
2
Joint Special Session of the City Commissions of
The Cities of Apopka, Ocoee and Winter Garden to U
Review the Western Beltway Route
October 10, 1995
original study, an interchange was planned at County Road 437A. That interchange will be
eliminated in favor of access with the Apopka Bypass.
Dr. Worrall clarified the meeting this evening was just an informational meeting but that on
November 2 there was to be an official public hearing on the alignment issues. Subsequent to
that November 2 public hearing, a final alignment would be selected in that corridor in
approximately April 1996.
Nathan Silva discussed Part C. In 1988 the Authority and the Department of Transportation
selected and adopted a route for the Western Beltway Part C, which was shown on a map. The
route continues south from the Florida Turnpike in Ocoee through the Reedy Creek area, across
U.S.192 into Osceola County, terminating at I-4. As part of that adopted alignment in 1988,
there were interchanges only at the Florida Turnpike, U.S.192, and I-4. Part of this reevaluation
study is to look at the changes that have occurred in the corridor since 1988, as well as changes
that are planned to occur in the future, and to look at alternate routes and new interchange
locations to enhance access to the area and to improve the mobility of the entire West Orange
County area.
One interchange is being considered between I-4 and U.S.192. One interchange included in the
Osceola County Comprehensive Plan is at Sandco Road. Going north of U.S.192 through the
Reedy Creek area, a proposed interchange would serve future development of the area, part of
Disney's Reedy Creek for a theme park, as well as other planned developments such as Horizons
West. North of this area is property owned by the Orange County Public Utilities that is planned
for a golf course complex. In response to that planned development, several alternatives have
been identified that would lessen the impacts to that plan, which explained the several different
alternative routes on the map. Alternatives for a new interchange are being considered for this
area to serve Horizons West and to improve mobility in that area. Route 545 is the only
continuous north/south paved road in that area.
Going north still is another Orange County Public Utilities site. Since 1988 the hydrology of the
area has changed, and more wetlands are seen in the area. In an attempt to reduce the impact,
several alternatives have been identified, with an interchange proposed at Tilden Road, which
would provide local access to West Orange County.
The workshop November 2 will be at the West Orange Ninth Grade Center just south of the
Turnpike. Notifications were to be mailed the next day and were to be in the newspaper. There
was a mailing list available for receipt of future information.
3
Joint Special Session of the Ci n
Commissions of c -
The Cites of Apopka, Ocoee and Winter Garden to
U
Review the Western Beltway Route
October 10, 1995
City Manager Shapiro mentioned alignment and route and that both presenters appeared to use
the terms interchangeably. One of the concerns the City would have is the route, not the
alignment since there is a difference. Dr. Worrall clarified that the meeting was not about a
specific alignment. There are several alignments within what the Authority would call a route.
The cities are being asked to approve the route in the resolutions. The alignment would come
later.
A citizen asked why the Authority was considering going through the waste water facility. He
said that information was available when the original study was done, and he wondered why it
was being considered when the county turned it down before.
Mr. Callahan stated alignments going through the treatment plant were evaluated in the late
1980s. At the time, it was not constructed, and there was still design work ongoing. Those
alignments are being revisited based on the fact that Orange County Public Utilities has moved
further with their plans and can better quantify exactly what the cost would be if the Western
Beltway were to traverse through their site. The Authority is not sure whether it would be less
expensive or what the specific impacts to their site will be. They are working with Orange
County hoping to get some additional information as the study moved forward in the next couple
of months.
Dr. Worrall stated this is a good example of -why the entire project development and engineering
process has to be gone back through when a project has been sitting for seven years. Things
change in the alignment, so all the impacts have to be visited to make sure the previous
calculations are still valid.
Thomas R. Biggs, P.E., Vice President, Transportation Consulting Group, was introduced next.
Transportation Consulting Group is involved in making the projections of traffic and revenue,
which is the primary issue - can this road be paid for.
Mr. Biggs advised that his company was in the process of developing traffic and revenue
forecasts for the Western Beltway, Parts A and C. These forecasts have three purposes: (1) to
help to direct these studies with regard to configuration with the road; (2) to help determine the
shapes of the different interchanges; and (3) to examine the potential traffic forecasts and the
revenues associated with them in order to determine whether this project can pay for itself.
He talked about the base case traffic and revenue forecast. Base case means this is not the final
forecast for Parts A and C. Additional interchanges and various strategies with the Authority in
C!
Joint Special Session of the City Commissions of
The Cities of Apopka, Ocoee and Winter Garden to FT-)
Review the Western Beltway Route
October 10, 1995
terms of how to make this project feasible are examined. Base case is a benchmark against
which all the strategies being examined are compared.
Base case has several built-in key assumptions. (1) It looks at Parts A and C as though they were
both constructed and open to traffic in the year 2005. The base case set of road traffic and
revenue forecasts does not include what is referred to as Part B of the Western Beltway. Part B
is that portion that extends northward from Apopka into Seminole County. Part A is the piece
from Apopka to south to the Turnpike; Part C is that part from the Turnpike south to I-4 in
Osceola County. (2) The base case is based on a moderately conservative set of land use
forecasts. The base case does not include some current proposals under study by Transportation
Consulting Group, one of which is referred to as the Horizons West proposal. (3) It includes
assumptions about the construction of Interstate 4 widening being studied by the Florida
Department of Transportation. Some evidence of these assumptions were seen in the revenue
forecasts shown at the end of the presentation. (4) The base case does not include the Apopka
Bypass, although studies were being done to integrate that in terms of revenue and traffic
forecasts, as well as in engineering studies. (5) The base case assumes a constant toll plan, the
same toll plan used presently on the Expressway system. There are no plans for increases in the
existing system tolls. The Western Beltway has the same toll rate structure of approximately 10
cents a mile along its entire alignment.
The traffic forecasts were done using a model (part science) and a good deal of judgment. This
model encompasses the Orange, Seminole and Osceola County areas. It has been expanded to
include Lake County, which is thought to be very important to traffic and revenue forecasts to
the Western Beltway, as well as portions of Volusia and Polk Counties. The exhibit to which he
referred showed the geographic boundaries of the model. Part of the process of developing the
forecast is to see how well it is done against existing traffic counts. The map indicated showed
the existing system, which showed the traffic counts in 1993. By their width, the magnitude of
the volume was indicated. Roughly 40,000 cars a day were indicated on the exhibit. The bottom
panel of the exhibit showed the traffic forecasts from the model being applied to the Western
Beltway.
The two exhibits showed traffic and revenue forecasts for Parts A and C combined both in the
opening year of 2005 and the design year, the year 2020. Part A is forecast to be about 27,500
vehicles a day by the year 2005 to grow to about 37,600 vehicles a day in the year 2020. Part C
is forecast to have opening day volumes of 13,000 vehicles a day in 2005 with 27,300 vehicles a
day by 2020. Part A revenues are forecast to be approximately $6.8 million a year at opening to
increase to $12.4 million a year in 2020. Part A revenues are fairly stable. Part C revenues are
forecast to be $6.8 million a year in 2005 to increase to $14.7 million a year in 2020. There is a
5
Joint Special Session of the City Commissions of
The Cities of Apopka, Ocoee and Winter Garden to
�4
Review the Western Beltway Route
October 10, 1995
good deal of fluctuation indicated on the exhibit, which is due to assumptions about the timing of
I-4 improvements. The assumption is that in 2010 the interstate will be widened to
approximately ten lanes, and that increase in capacity would syphon off some of the Western
Beltway traffic and result in a brief decline in revenue. After about five years, the revenue
begins to grow again, as indicated by a graphic. Total revenues range from $15.6 million in 2005
to $27.1 million in 2020. Several variations are being considered, which include the revenue and
traffic impact of the Apopka Bypass, the study of the various interchanges that were indicated on
another exhibit and what these might do to increase traffic and revenue for the facility. These
revenues are not enough for the road to pay its way. There needs to be much discussion on how
to fund this road in its entirety.
Commissioner Holmes, Apopka, asked if most of the traffic at 192 would be attractions traffic if
everyone was exiting there and not continuing to I-4.
Mr. Biggs stated it would not be limited to Disney or attractions traffic. It could be traffic to
various locations in Osceola County, such as Kissimmee. There are no interchanges located
between U.S.192 and the Turnpike in the original alignment. It was his opinion that traffic
would be using it as a fairly long-distance bypass to get around congested areas of I-4. As
studied, traffic could be from the attractions to Winter Garden or from Kissimmee to Winter
Garden or areas of western Orlando. He saw it as a long-distance trip to avoid I-4 or CR535 or
CR43 5.
Dr. Worrall stated he characterized this roadway similar to much of the rest of the system. Most
of the system revenue comes from commuter traffic, not bypass traffic. On the east side of
Orlando, most of the traffic is not traffic bypassing Orlando but is commuter traffic. This is
going to be the same kind of traffic, especially in the beginning years. Twenty or so years out,
there may be more bypass traffic. He made another point that he thought it significant that
Transportation Consulting Group prepared a model with which Authority is fairly comfortable.
The issue now is taking that model and changing these assumptions to see what the traffic and
revenue does. If an interchange is added at a certain location, what happens to traffic and
revenue. Now that there is a model, those kinds of questions can be asked, which will help put
together a project that can be made cost feasible.
Mr. Biggs stated that the trip lengths from the model average about five miles. They generally
are not 25 -mile bypass trips around the city of Orlando.
Commissioner Bob Johnson indicated the diagrams are labeled peak season volumes. He asked
how it was determined or if low volume was taken into consideration.
0
Joint Special Session of the City Commissions of
The Cities of Apopka, Ocoee and Winter Garden to f
Review the Western Beltway Route U L�
October 10, 1995
Mr. Biggs stated that the study of the Authority reflected much data on the existing system.
From the data correlating factors from peak season to the hypothetical average day of the year
were made, which accounts for factors such as weekday versus weekend traffic and the high
tourist seasonal traffic versus low tourist seasonal traffic. The models calibrate the peak season.
When this is converted to revenue, it is converted first as the average hypothetical day and then
into revenue dollars.
Mr. Morabito asked about the timetables for Part A and Part C. Plans were there for Part A, but
the project development and engineering studies for Part C were not complete. He asked how
they were going to catch up Part C with the timetables. Dr. Worrall stated they really were not
timetables. He said it was a year used as a model to project traffic and revenue. Mr. Morabito
asked if it could be narrowed to some timetables since land use is going to be important due to
inevitable change and is very dependent on the timetable. Dr. Worrall stated it was his opinion
that Part A would be first since it is furthest along in design. The traffic and revenue numbers
are higher on Part A. It will probably be the least costly from the standpoint of total project
construction costs since it is a shorter project with fewer interchanges. Subsequent to that, Part C
would probably be constructed.
Commissioner Freeman stated his concern is that Horizons West growth had not been taken
into account with the model. He thought it was very important and the Western Beltway was one
reason Horizons West would be successful. He assumed purchasing of right-of-way in Part C
would take place even though the focus is on Part A. Dr. Worrall stated he thought that was
probably right.
Mr. Morabito asked if some of the $20 million was going to be used. Some of Part C will be
easy to purchase now but more difficult later. Dr. Worrall stated this was a perfect segue into
the next presenter, C. David Brown, II, P.A., Broad and Cassel. Mr. Brown is a managing
partner of Broad and Cassel and is responsible for the right-of-way acquisition process on the
Western Beltway and has been intimately involved throughout the entire process.
Commissioner Youngblood asked if stage construction is being considered for Part C to do it
more quickly than trying to expand the entire system at one time. He said he assumed Part A
would come all together. Dr. Worrall stated it was a personal opinion but he would agree with
that. He said he thought from preliminary data that all of Part C will not be able to be
constructed at one time and have that sunk cost for all the infrastructure that requires interest
payments and not have the traffic on it. It only makes sense to do it in those areas that are going
to have the traffic volume, probably the top part of Part C and the bottom part of Part C later.
The middle would probably come subsequent to that.
7
Joint Special Session of the City Commissions of n
The Cities of Apopka, Ocoee and Winter Garden to
C
Review the Western Beltway Route
October 10, 1995
Commissioner Freeman asked about right-of-way cost acquisition since that is the most
inflationary cost of building the road. It seemed to him the timetable would move up
tremendously if Part C right-of-way acquisition could be accomplished. Dr. Worrall's opinion
was that once the right-of-way is secured, the road will be built.
Mr. Brown stated he has been primarily involved with all the consultants in examining the
property from end to end, that is, from I-4 south in Osceola County north to U.S.441. The goal
of Broad and Cassel is to look at the entire project regarding how to acquire the right-of-way,
what the estimated costs would be and what can be done to acquire that right-of-way efficiently.
Good news is that Orange County is continuing to grow, which will provide additional trips for
the system, generating additional revenue. The bad news is that those same growth pressures
put a tremendous pressure on prices regarding acquisition of real estate. This project is a new
approach by the Authority in many ways in order to facilitate the construction project. One of
the things happening in this project is that right-of-way will be acquired for the alignment prior
to the time that the project will be built. That has been facilitated by the Legislature. It is known
that if the cost of right-of-way is not capped, the cost of the project will get out of hand and it
will not be possible to surmount the cost with projected or existing toll revenues. Right-of-way
costs is one of the biggest variables in the project, and the Authority has recognized that. It is in
the process of adopting an advance right-of-way acquisition policy that will allow them to
acquire right-of-way in advance of projects. It is a concept that is being done more and more in
the state. The Florida Department of Transportation has recognized that throughout the state
there are so many growth pressures that if right-of-way corridors are not preserved they either
become practically unavailable or cost prohibitive.
He indicated a map on the wall and stated his company had gone the length of the right-of-way
and examined those areas they thought were the most explosive regarding growth. The areas
they have identified as priorities for acquisition as soon as possible are U.S.441 south from
Apopka (the commercial areas through there); the area north of Highway 50; the area south of
Highway 50 through Winter Garden and parts of Ocoee; and the Reedy Creek District (about
where U.S.192 goes south to I-4). There is a lack of alternatives through the Reedy Creek
District, and those areas have received a great deal of land use approvals. Much activity is being
pressured in that area because of the new activity at WALT DISNEY WORLD. Options will be
examined to stretch the dollars in the acquisition of the corridors. Some of that will be done
without the final maps. Property will be acquired based on estimates, and that will be cleaned up
as the process is finalized.
A question raised by the cities is that of liability. Does the adoption of this route pose liability to
these cities, particularly with respect to inverse condemnation. The Authority, through the
Joint Special Session of the City Commissions of
The Cities of Apopka, Ocoee and Winter Garden to
Review the Western Beltway Route
October 10, 1995
chairman and executive director, has discussed the issue of providing protection to the cities
through any claims that arise from the route, any inverse condemnation claims that might arise
through the adoption of the route. That was to be finalized in the next 60 days. Litigation is not
viewed as a likely possibility, but there are a number of creative lawyers, and the hope is that it
would not prevail.
Mr. Morabito asked if those agreements would be separate, and Mr. Brown answered in the
affirmative.
Dr. Worrall turned the meeting over to Mayor Vandergrift, who called upon Mayor Land to
conduct his commission meeting.
Mayor Land indicated that Apopka Resolution 95-21, was adopted on October 4, 1995.
Resolution 95-22, a general resolution to the Legislature and everyone concerned, of the City
Council of the City of Apopka, Florida, thanking the Orange County delegation to the State
Legislature for securing state funding for Part A of the Western Beltway asking the Orlando
Orange County Expressway Authority to act promptly to secure right-of-way for the Western
Beltway and to coordinate with the Florida Department of Transportation in selecting the
location of an interchange between the Western Beltway and the Apopka Bypass. He opened for
a public hearing, and no one wished to be heard. Commissioner Arrowsmith, seconded by
Commissioner Johnson, moved to approve a motion to adopt the resolution. No discussion.
Motion carried unanimously.
Mayor Land then recognized the citizens and staff from Apopka. There was a question about
the beltway and the railroad tracks at U.S.441. Mr. Callahan answered that a specific tie-in is
being studied with U.S.441, and with the railroad very close, the thought is that for safety
reasons it is imperative that the beltway go over the railroad. Several concepts have been
studied, and in a current concept, the beltway would go over the railroad and be tied into U.S.441
at a higher elevation than at present.
Mayor Land indicated that in 1988 there were a number of hearings in Apopka on that
interchange at U.S.441. He asked if the Authority would be holding hearings so that Apopka
would have the chance for input, and the answer was yes.
Mr. R. P. Mohnacky from Ocoee expressed a desire for someone to make the effort to get
monies from the federal government to make the road free.
Mayor Land advised that when County Chairman Chapin was in Apopka, she pointed out that
when she had been attending a meeting in Washington she spoke with someone from Ohio who
Joint Special Session of the City Commissions of
T�"
The Cities of Apopka, Ocoee and Winter Garden to j
�
Review the Western Beltway Route V
October 10, 1995
was quite pleased with the amount of money Ohio got. She pointed out to them that they are
losing population; Florida is gaining population, and we get ours about ten years behind time.
Mayor Land also pointed out that this is a problem in fast-growing areas in Orange County - the
three cities represented at this meeting - and the local gas tax received through the county is
based on old census figures of 1980 rather than 1995. Therefore, these cities receive an unfair
amount of gasoline tax dollars that are paid. He said that is one of the things the cities are trying
to overcome.
Mayor Vandergrift indicated he agreed with Mr. Mohnacky and said he has worked and talked
with Congressmen Mica and McCollum about doing this, and some funds have been forthcoming
to supplement the funds now available, but what is needed is $200 million.
Mayor Land concluded business for Apopka.
Mayor Vandergrift recognized Mayor pro tem Morabito from Winter Garden for the Winter
Garden City Commission to conduct business.
Mayor Morabito thanked Mr. Rich, Dr. Worrall and the City of Ocoee for having the meeting.
He advised a meeting was scheduled for the City of Winter Garden on Thursday, October 12, and
unless there was any disagreement with that, the resolution would be addressed then.
Commissioner Youngblood advised there had not been a commission meeting since receipt of
this information. Attorney Ardaman said he understood that if the City of Winter Garden did
not adopt it this night but did adopt it Thursday night, it would not present a procedural or
substitive problem to the Expressway Authority. He was advised that was correct. Mr. Rich
said that there must be ultimate unanimous consent from the three cities before funds can be
expended. City Manager Holden stated there were some issues at the last meeting that were
discussed, but there were not answers at that time. He said from a staff standpoint those
questions have been answered through discussion with the attorney. Mr. Ardaman said he
understood that the agreement that was discussed by the counsel for the Expressway Authority
protecting the various cities is expected to be adopted and approved within the next 60 days and
with that understanding he believed it would be the unanimous recommendation by the City of
Winter Garden that the adoption of that resolution occur on Thursday. Mayor Morabito then
closed the meeting.
Mayor Vandergrift opened the meeting for Ocoee. Commissioner Glass, seconded by
Commissioner Gleason, moved to approve Resolution 95-19, subject to a reservation by_jhe
City of Ocoee to rescind the Resolution in the event the Orlando -Orange County Expressway
10
Joint Special Session of the City Commissions of
The Cities of Apopka, Ocoee and Winter Garden to
Review the Western Beltway Route
October 10, 1995
c� T
Commissioner Freeman thanked the City for hosting the meeting and called it an historic day
and said it is exciting. He thanked Mr. Rich and Dr. Worrall for their efforts and said the road
is becoming a reality due to their efforts.
Commissioner Staley expressed his appreciation to the Expressway Authority, specifically Mr.
Rich and Dr. Worrall. He said in the area he represents, mostly the Apopka area, he does not go
anywhere without people asking about the progress being made on the Western Beltway. He
said he would be pleased to report to them they can be more optimistic than ever. He said with
Commissioner Freeman and himself on the Orange County Commission the Authority would
have their support. He said the Orange County Commission has voted more than one time that
the number one priority road project in Orange County is the Western Beltway.
Ms. Patsy McClure from the Orange County Transportation Department, and Commissioner
Staley's assistant, indicated that the MPO 20/20 long range transportation plan was to be voted
on at the MPO meeting the next day. The transportation technical committee and the long range
subcommittee had recommended that the Western Beltway be eliminated from the cost feasible
study for the 20/20 plan. That meant if they were successful the next day, no funds could be
expended on the Western Beltway. She said the MPO had to be convinced to vote to send this
back to the Transportation Committee, back to the subcommittee that does the long range plan
and instruct them that the MPO will put the Western Beltway in the cost feasible analysis for the
20/20 plan. She said the meeting was scheduled for 10 a.m. Wednesday.
Mr. Rich said they were made aware of the issue earlier the past week, and the Authority shared
the concern of Ms. McClure about this particular issue's being overlooked by the technical
committee. He stated they planned to be at the MPO meeting the next day. He said he felt it has
been demonstrated that there are ways to make this project financially feasible. As a result it
should be placed on the 20/20 plan. He said both projects, the Western Beltway and I-4
improvements, are needed. He said he believed this group can help bring the Western Beltway
together and said the Authority is prepared to do its part to make it a reality as soon as possible.
A citizen said he did not understand why there is a conflict. Since the Western Beltway is self-
funded, there should not be a conflict, so why would there be a vote against it. The reply was
there are probably some who would believe there would be an opportunity to divert funds.
Mayor Vandergrift advised it is not entirely self-supporting to the extent there are some state
funds and federal funds that are coming into it. Without money from another source, the tolls
11
Joint Special Session of the City Commissions of —
The Cities of Apopka, Ocoee and Winter Garden to
Review the Western Beltway Route
October 10, 1995 U
would be prohibitive. The citizen asked why this group did not get together in 1988 and do what
is being done now. Mayor Land said there was much optimism in 1988 but many things took
place, some of which were very divisive.
Commissioner Freeman said he thought Representative Daniel Webster and Senator Toni
Jennings will be two of the most powerful leaders and thought there will be help for Central
Florida.
Commissioner Staley advised the MPO is the Metropolitan Planning Organization, which is
made up of two commissioners from Seminole County, the mayor of Sanford, the mayor of
Altamonte Springs, two city commissioners from Orlando, the Expressway Authority, the
Greater Aviation Authority, and six members from the Orange County Commission. He said it
is not a unified body in support of the Western Beltway. Opinions vary on the direction in which
transportation should go in Central Florida. However, there would be support from the Orange
County Commission for the Western Beltway.
Mayor Land advised his council that the Apopka Public Works Department had been working
on Lake Hammer that day. He said they could check with Jack to be brought up to date. He
thanked Ocoee for hosting the meeting, Commissioners Staley and Freeman for being present,
and Chairman Rich and Dr. Worrall from the Expressway Authority for their reports. He said
he did not want any more fights but wanted to move this ahead as rapidly as possible.
Mr. Morabito said Winter Garden is excited about this, saying it obviously has a great impact
on all our cities. He said Winter Garden has a large undeveloped area that the expressway will
go through. He said there are developers standing in line waiting to do something but needing
direction, and that is what is being given to them. He thanked Ocoee and everyone for putting it
together.
Mayor Vandergrift closed with all cities.
ADJOURNMENT
The meeting was adjourned at 9:10 p.m.
Attest:
Jean Grafton, City Clerk
12
APPROVED
City of Ocoee
S. Scott Vandergrift, Mayor
MINUTES OF THE CITY OF OCOEE CANVASSING BOARD MEETING HELD
NOVEMBER 3,1993
CALL TO ORDER
Mayor Vandergrift called the Canvassing Board to order at 12:10 p.m. in the City Hall_
Conference Room. The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Combs and Johnson. Also present were City
Manager Shapiro and City Clerk Grafton.
ABSENT:
City Clerk Grafton advised all votes were accurately cast with no errors. She then read the
results from the tabulators used in the election as follows:
Machine Count
Commissioner District 2
Foster 162
Duquette 115
Commissioner District 4
Gleason 337
Woodson 166
Counting of Absentee Ballots.
City Clerk Grafton reported that 21 absentee ballots were requested, and 17 were returned. All
17 signatures had been verified and found to be valid, i.e., the signature matched that on file and
was witnessed, also the witness had included an address.
All members removed the ballots from the envelopes. Prior to the removal of the ballots from
the envelopes, the ballots were sorted into districts to facilitate the count. The votes were
counted for each candidate. The count was as follows:
District 2
Foster 6
Duquette 0
District 4
Gleason 8
Woodson 3
AGENDFi 11-04-97
E
1J U
Item III A
MINUTES OF THE CITY OF OCOEE CANVASSING BOARD MEETING HELD
NOVEMBER 3,1993
CALL TO ORDER
Mayor Vandergrift called the Canvassing Board to order at 12:10 p.m. in the City Hall_
Conference Room. The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Combs and Johnson. Also present were City
Manager Shapiro and City Clerk Grafton.
ABSENT:
City Clerk Grafton advised all votes were accurately cast with no errors. She then read the
results from the tabulators used in the election as follows:
Machine Count
Commissioner District 2
Foster 162
Duquette 115
Commissioner District 4
Gleason 337
Woodson 166
Counting of Absentee Ballots.
City Clerk Grafton reported that 21 absentee ballots were requested, and 17 were returned. All
17 signatures had been verified and found to be valid, i.e., the signature matched that on file and
was witnessed, also the witness had included an address.
All members removed the ballots from the envelopes. Prior to the removal of the ballots from
the envelopes, the ballots were sorted into districts to facilitate the count. The votes were
counted for each candidate. The count was as follows:
District 2
Foster 6
Duquette 0
District 4
Gleason 8
Woodson 3
Ocoee Canvassing Board
November 3, 1993
Certification of Election Returns.
Upon combining the tabulator count the count in the District 2 election was as follows: Paul
Foster 168, Robert Duquette 115; the count in the District 4 election was as follows: Jim
Gleason 345, Sam Woodson, 169. Commissioner Johnson, seconded by Commissioner
Combs, moved to certify the count in the District 2 and District 4 election. Motion carried 3-0.
Mayor Vandergrift administered the oaths of office to District 2 Commissioner Foster and
District 4 Commissioner Gleason. Following the oaths of office each Commissioner made a
brief statement.
Adjournment
The meeting adjourned at 12:25 p.m.
Attest:
Jean Grafton, City Clerk
2
I.1993I)LIVAI-11
City of Ocoee
S. Scott Vandergrift, Mayor
AGENDA 1.1-04-97
Item III A
MINUTES OF THE OCOEE CITY COMMISSION BUDGET WORKSHOP
HELD AUGUST 12,1996
Mayor Vandergrift called the Budget Workshop to order at 7:04 p.m. in the Commission
Chambers. The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Johnson, Glass and Gleason. Also
present were City Manager Shapiro, Personnel Director Psaledakis, Finance
Director Horton, City Attorney Rosenthal, Police Chief Mark, Building Official
Flippen, Budget Analyst Carter, City Engineer Shira, Public Works Director
Corwin, Capital Projects/Concurrency Analyst Resnick and City Clerk Grafton.
ABSENT: None.
Mayor Vandergrift proposed a time limit for the meeting, and Commissioner Johnson
suggested it end at 9:00 p.m. Consensus was for that limit.
City Manager Shapiro said he needed to have the advertised meeting of Friday, August 23,
1996, in order to have the new bond issue for the utilities in place before the presidential election
on the basis of rate. He said it did not have anything to do with the budget but might before the
two-week period when the hearings were going to be held. The new bond would make a change
in the Utility budget.
Commissioner Gleason spoke regarding the Over 65 Program and the rollback rate. He felt
they should deal with those first and then possibly go through the budget page by page or line by
line. The contingency fund was $243,800, and the Over 65 Program would cost $174,000. The
difference was $69,800. The rollback rate would leave a deficit of $104,000. He said he would
be unwilling to start a new fiscal year without a contingency fund. Commissioners Glass,
Anderson and Johnson concurred.
Commissioner Johnson asked for the material on the modified Over 65 Program.
Commissioners Glass and Gleason stated they would want the program included if it were
modified so that the end result could not be challenged.
Attorney Rosenthal said if the consensus were to modify the program, the current resolution
establishing the program required a public hearing and resolution in order to modify a certain
notice date from that, which meant that if they wanted a modified program in place when they
voted on September 18, they had to have the public hearing no later than September 17.
Otherwise any budgetary appropriation in the new budget would be with respect to the program
as it exists. He suggested it be discussed at the next Commission meeting.
Commissioner Gleason stated the difference between the 4 mill and rollback rate was $174,498.
He said to use the rollback rate, the City would need to find $174,498 not needed in the budget
to put in the contingency fund. Mayor Vandergrift advised that he had not received
information from staff that he had requested. Commissioner Gleason responded,"For the
record, we want to say, Mr. Mayor, that none of this information that I've given you tonight that I
TG�L���7
OCOEE CITY COMMISSION BUDGET WORKSHOP
AUGUST 12,1996
got from these people in terms of a follow-up call or what have you was strictly from that memo
that you had asked from Donald involving the tax rate and whatever's there. I mean, I want to
say that in their defense that they, first of all, any one of us can ask questions to them, and they'll
answer that. But I mean, you know, so I want you to know that nothing was given to me or sat
down. I mean this is the first time I've thrown these numbers at them, and at least realize that I
was accurate. So I just want you just to be aware." He also advised the information was dated
August 2 and had been in his mailbox.
Discussion followed regarding the millage rate and the Over 65 Program.
Attorney Rosenthal advised that if for any reason it looked like the vote was heading in a
direction where there would not be a majority to adopt a budget, there were issues beyond
operating under the previous year's budget. For example, there was the possible loss of revenue
sharing funds under that particular scenario. If that were the case, he would want to make an
evaluation.
City Manager Shapiro asked for a written response from Attorney Rosenthal regarding the
possible problems with having the same budget as the year before.
Mayor Vandergrift stated he would not hold up the budget to vote for a budget that might
involve a rollback but would register a minority opinion on it. He said voting for 4 mills was
tantamount to an increase in taxes. Commissioner Glass expressed his appreciation to the
Mayor for his comments. Commissioner Gleason spoke in favor of an increase in the millage
rate.
Discussion followed regarding the request for an increase in attorney fees.
Commissioner Anderson asked if it would appropriate to talk about the possibility of putting
out bids for an attorney and spoke about the contract. Commissioner Glass said the rate that had
been charged was not a market rate. Possibly a smaller firm could do the work, but the quality of
work from Foley and Lardner for the rate they charged could probably not be equaled. He
supported an increase in the rate and did not feel the contract needed to be visited at that time.
Mr. Shapiro pointed out that the labor and code enforcement attorneys were billing at a higher
rate than Foley and Lardner.
Consensus was to leave the attorney rate as presented (page 3-29).
Mayor Vandergrift suggested inserting "and citizen" into the first paragraph on page 2.
Mayor Vandergrift stated he would rather see an incentive system whereby a cash bonus was
awarded at the end of the year rather than the 4% merit system. Commissioner Gleason
1)
OCOEE CITY COMMISSION BUDGET WORKSHOP
AUGUST 12,1996
concurred. Commissioner Anderson suggested a 0-4% graduated scale merit system. Mr.
Shapiro stated the comments from the employees were complaints that the 0-7% system was
unfair, which was why the system was changed to 4% or no increase. Discussion followed.
Commissioner Gleason asked for opinion from the department heads regarding a sliding scale
for merit increases. Chief Mark stated there was a rating system in place in the Police
Department that worked. City Engineer Shira said he was comfortable with the merit system.
Instead of abolishing the sliding scale, training managers and supervisors how to judge
performance would have been better. Personnel Director Psaledakis explained the concerns of
the Employee Committee regarding the sliding scale. Commissioner Johnson was in favor of a
percentage set according to the budget and not a merit system. Commissioner Anderson
suggested a scale of 0-4%, giving managers leeway. Commissioner Gleason stated he had
learned from certain classes that the emphasis was to get to paid performance in the public sector,
trying to get away from giving raises across the board with no accountability. He concurred with
Commissioner Anderson. Commissioner Glass disagreed, stating the employees were told they
would be empowered with an employee committee to let them try some things. There were no
guarantees that their recommendations were going to be implemented. He supported 4% or
nothing. He also mentioned the Titusville program whereby there is an incentive paid out of
recognized savings. Mayor Vandergrift stated the employee committee was not aware of the
Titusville program. Mr. Shapiro said he would make the Titusville program information
available to the employee committee. There was considerable discussion regarding
reclassification and raises.
Consensus was to leave the merit system as proposed, 4% or nothing.
Establishment of an employee assurance plan, $20,000, was discussed. Ms. Psaledakis said this
plan should be called employee assistance and would be for flu shots, possibly speakers
regarding smoking cessation, etc. It was not intended to offset leave time employees do not have
or offset deductibles. She said the City might want to waive the employee assistance program or
reduce it to flu shots only, estimating half the employees would take advantage of it. Discussion
followed regarding short term and long term disability.
Consensus was to eliminate the short term disability in favor of long term disability and reduce
the employee assistance plan by $12,000, leaving $8,000 for flu shots.
Adjournment
Meeting was adjourned at 9:05 p.m.
Attest:
APPROVED
City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
3