HomeMy WebLinkAboutIII(A) Approval And Acceptance Of Minutes Of City Commission Regular Meeting Of September 17, 2002 Tentative Budget Public Hearing Of September 9, 2002 And Final Budget Public Hearing Of September 23, 2002 DRAFTAgenda 10-01-2002
Item III A
MINUTES OF THE OCOEE CITY COMMISSION
SPECIAL SESSION FOR TENTATIVE BUDGET
HELD SEPTEMBER 9,2002
Mayor Vandergrift called the Special Session to order at 7:00 p.m. in the Commission
Chambers. All the Commissioners were present and a quorum was declared. Mayor
Vandergrift announced this was a public hearing on the tentative budget and proposed millage
rate for the City of Ocoee. Notice of this hearing was contained in the Notice of Proposed
Property Taxes mailed by the Property Appraiser. The City Commission has previously set a
proposed millage rate of 4.6564 mills which represents a 1.6925% increase in millage over the
rolled-back rate of 4.5789 mills.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also
present were City Manager Gleason, City Attorney Rosenthal, Finance Director Horton, Finance
Supervisor Carter, Budget Analyst Brosonski, Accountant Bishop, Human Resources Director
Diedrich, City Engineer/Utilities Director Shira, Acting Public Works Director Wheeler,
Community Relations/Projects Director Shira, Fire Chief Strosnider, Assistant Fire Chief
Firstner, Support Division Chief McNeil, Acting Police Chief Goclon, Communications Manager
Ek-Collins, Recreation Director Farmer, Planning Director Wagner, Information Systems
Manager Ross, and Acting City Clerk Whitford.
Finance Director Horton announced that the percentage rate increase in the tentative millage
over the rolled-back rate that is necessary to fund the proposed budget is 1.6925%. She stated
that ad valorem revenues were being increased by$379,547.00 to provide funding for operating
expenses,programs, capital improvement projects, and the purchase of equipment and vehicles.
The public hearing was opened, and Mayor Vandergrift asked for comments from citizens.
City Manager Gleason thanked the finance team for their hard work in preparing the budget.
Mayor Vandergrift asked if there were any amendments to the budget.
Commissioner Parker, seconded by Commissioner Anderson, moved to amend the tentative
budget of the City of Ocoee distributed along with the budget message of the City Manager
dated July 22, 2002, along with the changes resulting from the budget workshop in the following
manner to incorporate and direct the finance department to incorporate into the final budget the
necessary amendments to implement the City of Ocoee Budget Fiscal Year 2002-03 Proposed
Reorganization and Other Changes as distributed by the City Manager. Motion carried 4-1.
Mayor Vandergrift voted no.
Following the motion and prior to the vote,the following people addressed the Commission.
Max Jacobs, 2247 Mountain Spruce Street, addressed the Commission inquiring as to the
process used to determine the millage rate. Commissioner Parker responded.
Joe Hembrooke, 2188 Alcobe Cr., inquired as to why the meeting was not televised. City
Manager Gleason responded that the camera people were free-lance cameramen and that it was
a matter of cost. He stated that the final budget hearing would be televised.
Ocoee City Commission Tentative Budget Special Session DRAFT
September 9, 2002
Martha Lopez-Anderson addressed the Commission by reading a statement expressing her
concerns with what she believes to be an abuse and misuse of the travel policy by the
Commission. She also stated several other concerns with the behavior of the Commission
members. Finance Director Horton, City Manager Gleason, Commissioner Parker, and
Commissioner Johnson responded to Ms. Lopez-Anderson's concerns.
Dave Ferguson, 2656 Cedar Bluff Lane, addressed the Commission regarding a loan in the
amount of$50,000.00 to cover the cost of upgrading the finish on the Coventry Subdivision wall.
The wall needed to be replaced due to the SR 438 project. FDOT is replacing the wall, but the
residents would like to upgrade to a brick face on the wall in order to help curb graffiti. He said
originally the wall was to be built at the end of the road construction and that would have
allowed time to raise the funds. Now, FDOT wants the wall completed before they move on to
the next phase of the SR 438 project. Mr. Ferguson stated the homeowners also request
assistance in acquiring a 90-day extension which is needed. City Attorney Rosenthal advised
that,regarding a loan,he was uncertain as to the legality, but if the Commission so directed he
would check into the statutes that pertain. He stated the City could issue the funds as a grant.
City Attorney Rosenthal said another option would be for the homeowners to petition the City
Commission to adopt a special assessment program for the construction of a wall. He explained
that this process cannot be done in a couple of weeks and the administrative costs for such a
program would be approximately one-third. After a brief discussion staff was directed to assist
in obtaining a 90-day extension to delay the completion of the wall and to check with the City of
Orlando regarding their loan program, as well as investigate the special assessment option. City
Manager Gleason advised Mr. Ferguson that he would be contacted and kept informed as to
what was being done.
There was a brief discussion about the proposed reorganizational charts with City Manager
Gleason responding to questions. Mayor Vandergrift expressed concern that the proposed
reorganization was too hastily done. Mayor Vandergrift asked what the Commission proposed
to do with the $66,000.00 savings the proposed reorganization would bring about and suggested
it be considered for a millage roll back. Finance Director Horton advised the difference in the
tentative millage rate approved at the August 20, 2002, Commission meeting and the rolled-back
rate is $88,980.00. Commissioner Parker suggested that the additional 20,000.00 plus could be
found by cutting in some areas. All the other Commissioners and Mayor agreed. City Attorney
Rosenthal advised the Commission that if they wished to go to the rolled-back rate at that
meeting,they would first need to amend the tentative budget and remove funds from somewhere
to equal the $88,980.00. He reminded them that if they went to the rolled-back rate at that time
they could not go back up at the final budget hearing.
Commissioner Parker, seconded by Commissioner Johnson, moved to amend the tentative
budget to reduce the contingency fund by$88,980.00. Motion carried 5-0.
Commissioner Anderson, seconded by Commissioner Parker. moved to amend the tentative
budget to remove the boxing program, resulting in the transfer and the transfer of funds from the
boxing program to contingency in the approximate amount of$69,700.00, directing the Finance
Department to incorporate into the final budget the changes necessary to accomplish the
foregoing and to appropriate from contingency$10,000.00 to fund the transition of the boxing
Page 2 of 4
Ocoee City Commission Tentative Budget Special Session UA,FT
September 9, 2002
program from a public to a private program. Motion carried 4-1. Commissioner Howell voted
no.
Recess 8:00 p.m.—8:10 p.m.
Finance Director Horton announced"The proposed final millage rate is 4.5789 mills which is
the rolled-back rate and there is no proposed percentage increase in property taxes."
City Manager Gleason asked for clarification on the amount in the Contingency Fund.
Finance Director Horton advised with the adjustments there will be $336,200.00 in
contingency. That includes the $10,000.00 for the boxing program, but does not include the
monies that are set aside in contingency for the Seniors program.
Ordinance No. 2002-22 regarding Millage Rate.
City Attorney Rosenthal read the title only of Ordinance No. 2002-22.
J. Lester Dabbs, 619 Caborca Ct., opposed adopting the rolled-back millage rate and stated he
was concerned that the contingency fund is too small for a city the size of Ocoee and not prudent.
He said the contingency should be at least 1-2% of the total budget. Mr. Dabbs stated when a
city gets to the point of having a twenty-nine to thirty million dollar budget there should be some
type of vision statement. He said he was in favor of the reorganization plan and the removal of
the boxing program. City Manager Gleason responded briefly to Mr. Dabbs' comments.
Commissioner Parker, seconded by Commissioner Johnson, moved that the City Commission
adopt a tentative millage rate of 4.5789 mills for the fiscal year beginning October 1, 2002,
ending September 30, 2003. Motion carried 5-0.
Ordinance No. 2005-23 regarding Tentative Budget.
City Attorney Rosenthal read the title only of Ordinance No. 2002-23.
Commissioner Parker, seconded by Commissioner Anderson, moved to amend the tentative
budget to transfer $100,000.00 from the Contingency Fund into the Reserve Fund. Motion
Carried 5-0.
Commissioner Anderson, seconded by Commissioner Parker, moved to adopt a tentative
budget of the City of Ocoee as distributed along with the budget message of the City Manager
dated July 22, 2002, along with the changes resulting from the budget workshops, as such budget
has been amended at this meeting, such tentative budget being for the fiscal year beginning
October 1, 2002, and ending September 30, 2003. Motion carried 5-0.
Mayor Vandergrift, seconded by Commissioner Anderson_moved that a public hearing to
consider the final millage rate and final budget be scheduled for September 23, 2002, at 7:00
p.m. at a Special Meeting of the City of Ocoee City Commission to be held at the Ocoee City
Hall Commission Chambers,that the hearing be advertised in accordance with provisions of
Section 200.065, Florida Statutes, and Section C-37 of Article VI of the Ocoee City Charter, that
Page 3 of 4
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Ocoee City Commission Tentative Budget Special Session
September 9, 2002
the appropriate Ordinances necessary to adopt the final millage rate and final bud et be Drepared
by the City staff, and that all other action necessary to comply with the requirements of Section
200.065, Florida Statutes, be undertaken. Motion carried 5-0.
Mayor Vandergrift announced the date for the final millage and final budget hearing:
September 23, 2002, at 7:00 p.m. at Ocoee City Hall.
COMMENTS
City Manager Gleason thanked Finance, Human Resources, and the Department Directors for
the hard work done in putting the budget together. He said it was the first time that he could
remember that the vote regarding the tentative budget and millage rate was unanimous.
Commissioner Anderson thanked Mr. Gleason for the budget presented to the Commission. He
said it was very clear and he believed the citizens appreciate the way it was done.
Mayor Vandergrift stated he voted reluctantly for the budget due to the fact that he felt the
reorganization process was accelerated just before budget time, but that he did vote in favor of
the budget.
Commissioner Johnson stated that the City's organizational structure needed to be changed and
he felt Mr. Gleason had done an excellent job. He said he didn't know of a better time for the
reorganization. He stated many businesses are reorganizing and cutting down and the
departments did a good job in cutting down their budgets.
ADJOURNMENT
The meeting adjourned at 8:30 p.m.
APPROVED:
Attest: City of Ocoee
Sally Whitford, Acting City Clerk S. Scott Vandergrift, Mayor
Page 4 of 4
Agenda 10-01-2002
tR ( T Item III A
MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING
HELD SEPTEMBER 17,2002
CALL TO ORDER
Mayor Vandergrift called the regular meeting to order at 7:15 p.m. in the Commission
Chambers at City Hall. Commissioner Anderson led the prayer and Frances Watts led the
Pledge of Allegiance to the Flag.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also
present were City Manager Gleason, City Attorney Rosenthal, City Clerk Grafton, Finance
Director Horton, Human Resources Director Diedrich, Planning Director Wagner, Senior
Planner Grimms,Recreation Director Farmer, Police Chief Goclon, Communications Manager
Ek-Collins, Information Systems Manager Ross, GIS Technician O'Halloran, and Acting Public
Works Director Wheeler.
PRESENTATIONS AND PROCLAMATIONS
Presentation of Plaque to State Representative Johnson. (City Manager Gleason)
City Manager Gleason presented Representative Johnson with a plaque from the City and
thanked him for his diligent and outstanding work on behalf of Ocoee and the entire West
Orange Community. Representative Johnson received the plaque and thanked the Commission
and City Manager for their exchange of communication with him while he was in Tallahassee.
He said communication had been key in getting SR50 improved. He responded to some
questions and suggestions made by the Commission regarding the E/W Expressway and the
Western Beltway. Representative Johnson said the Western Beltway should be finished all the
way to Sanford eventually and said he was working to that end.
Mayor Vandergrift read a letter stating Finance Director Horton was to receive a"Certificate of
Achievement for Excellence in Financial Reporting."The award is for the City's Comprehensive
Annual Financial Report that Finance prepares. Mayor Vandergrift congratulated Ms. Horton
on a job well done and thanked her for 13 years of service.
Proclamation for Constitution Week. (Mayor Vandergrift)
Mayor Vandergrift read the proclamation and proclaimed September 17, 2002, through
September 23, 2002, as Constitution Week.
Years of Service Award. (Mayor Vandergrift)
15 Years of Service -Janet Shira,Director of Community Relations.
Ms. Shira was unable to attend; this item will be on the October 1, 2002, agenda.
The Consent Agenda Consisted of Items A,B, C,D,E,F, and G. There were a few brief
questions concerning items B, F, D, and G.
CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE BOARD OF CITY COMMISSIONERS AND WILL BE
ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE
COMMISSION,IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH
ITEM WILL BE CONSIDERED SEPARATELY.
Ocoee City Commission Regular Meeting R AP'
September 17,2002
A. Approval and Acceptance of Minutes of City Commission Regular Meeting of
August 20, 2002. (City Clerk Grafton)
B. Approval to Waive the Bid Process for the Purchase of a Server for
Communications CAD System. (Communications Manager Ek-
Collins/Information Systems Manager Ross)
At the August 20,2002, Commission meeting the Commission approved the overall purchase of a
server and computer system for the Communications Center. The server/tape library portion of the
system exceeds the$15,00.00 benchmark established regarding purchases without going to bid. Staff
requests the bid process be waived and approval given to purchase the server/tape library system from
the same vendor, (Dell),as the computer workstations are being purchased.
C. Approval and Authorization to Award Bid #B02-04 for Construction of Freedom
Park to Pooley Enterprises Inc., for$645,239.32 and Authorization for Mayor
and City Clerk to Execute an Agreement. (Recreation Director Farmer)
The bid was advertised on July 7,2002,and opened August 6,2002. A total of nine(9)bids were
reviewed by the Recreation Department, and Herbert Halback,Inc. Staff recommends awarding bid
#B02-04 to Pooley Enterprises,Inc. as the most responsive and responsible bidder.
D. Approval and Authorization for Mayor and City Clerk to Execute the Final Plat
of the Westchester Subdivision. (Engineering/Utilities Director Shira/Engineer
I Gavrilovic)
The tract of land formerly known as Prairie Lake Tract E is now being platted as Wentworth and
Westchester. Westchester consists of 60 lot single-family subdivision located on the southeast corner
of Clarke Road and Hackney-Prairie Road. All required documentation pertaining to the platting of
this tract has been reviewed by City Staff. A Performance Bond has been issued in the amount of
$1,452.128.18 for the remaining site improvements. A Maintenance Bond will be issued at the time of
Certificate of Completion. Staff recommends approval of the final plat of Westchester as submitted.
E. Approval and Authorization for the Mayor and City Clerk to Execute the Final
Plat of the Wentworth Subdivision. (Engineering/Utilities Director
Shira/Engineer I Gavrilovic)
The tract of land formerly known as Prairie Lake Tract E is now being platted as Wentworth and
Westchester. Wentworth consists of 106 town homes and is located on the southeast corner of Clarke
Road and Hackney-Prairie Road. All required documentation pertaining to the platting of this tract has
been reviewed and approved by City Staff. Staff recommends approval of the final plat of Wentworth
as submitted.
F. Authorization to Transfer Funds from Reserve Contingency in the
Water/Wastewater Fund to Cover Overrun in Florida Central Railroad Permits.
(Acting Public Works Director Wheeler)
In 2000,Florida Central Railroad raised its yearly fees and began charging fees for crossings not
previously invoiced. The original yearly fees had been varying amounts from no cost to$400.00 per
year for each water,sewer,stormwater, and road crossing. Foley and Lardner attempted to negotiate
with Florida Central Railroad about the issue,but unfortunately the City is not in an advantageous
position. Staff recommends the transfer of funds in the amount of$13,600.00 from Reserve
Contingency in the Water and Wastewater Fund to cover the overrun.
G. Approval to Enter into an Agreement with First Union to Terminate Financial
Services Consulting Agreement and Authorization for Mayor and City Clerk to
Execute a Contract with First Southwest Company and Mr. Mark Galvin for
Financial Advisory Services and Any Termination Agreement Required with
First Union. (Finance Director Horton)
In September of 2000 the City Commission approved a contract between First Union National Bank
and the City of Ocoee. Mr. Galvin,Financial Advisor,represented First Union. Mr. Galvin has been
responsive to the City's needs and has demonstrated his knowledge and understanding of the financial
market. Mr. Galvin has terminated employment with First Union and is now employed with First
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Ocoee City Commission Regular Meeting CD A 1 T
September 17,2002 U u
Southwest Company located in Orlando. Staff is pleased with the relationship established with Mr.
Galvin and the relationships he has established with members of the City's financial team. Staff
recommends approval of entering into an agreement with First Union to terminate Financial Services
Consulting Agreement and authorization of a contract with First Southwest Company and Mr. Galvin
for financial advisory services.
Mayor Vandergrift. seconded by Commissioner Johnson, moved to approve items A, B, C, D,
E, F, and G of the Consent Agenda as presented. Motion carried 5-0.
COMMENTS FROM CITIZENS/PUBLIC
There were no comments at this time.
COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Parker
1. Explained the"kiss the pig" contest and suggested if a Commissioner's vote on an item or
items make you happy to put money in the can. She reminded everyone the money goes for the
School Nurse Program.
2. Asked the Commission if they wanted to purchase a$500.00 Aruba Sponsorship for a for the
School Nurse Program fundraiser hosted by Health Central Foundation. She said it was being
held at the Disney Swan Hotel Saturday from 6:00 p.m.-10:00 p.m.
Commissioner Parker. seconded by Commissioner Johnson, moved to purchase $500.00
Aruba Sponsorship with the money being taken out of the Contingency Fund. Motion carried 5-
0.
Commissioner Johnson said the Founder's Day Committee had met the night before and things
were going great. He reminded everyone the golf tournament would be October l lth and the 5k
race and poker run would be on the 12th with Founder's Day being held on the 19th from 9:00
a.m. until 10:00 p.m. He encouraged everyone to come out and have a good time.
Commissioner Anderson announced there would be an old steam engine with a passenger car
behind giving rides from Ocoee to Winter Garden and back on Founder's Day. The cost will be
$4.00. The Lions Club will be the point of departure and arrival.
Commissioner Howell
1. Thanked the members of the Ocoee Police and Fire Departments who attended the 911 service
at Glad Tidings Assembly of God Church. He also thanked members of the Sheriffs'
Department who also attended.
2. Said he had been driving around District#1 the past few weeks and was gratified to see how
much District#1 had improved over the last couple of years. He thanked the homeowners and
expressed appreciation for the work and effort put forth.
Mayor Vandergrift
1. Said he would like to emphasize the Lions Club train ride to Winter Garden. He said he
didn't know if the steam engine would be able to pull the train, as it needed a$35,000.00
bearing. He said there were other train rides coming up September 28 and September 29, when
the train will go from Ocoee to Mt. Dora.
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Ocoee City Commission Regular Meeting D A FT
September 17,2002
2. Read a letter from Best Western Hotels regarding an event that took place August 27, 2002, in
Perkins Restaurant. The letter commended Don McKay, the Maintenance Chief at the restaurant.
Mr. McKay had applied the Heimlich maneuver to a choking customer. The customer lost
consciousness and was moved to the floor where Mr. McKay continued to apply the maneuver.
The customer regained consciousness just before the paramedics arrived. Mayor Vandergrift
stated he would also send a letter to Mr. McKay commending him. He said it is always nice to
hear good things about people in the community.
3. Announced October 5th as a clean up day. He said Albertson's would be supplying a chicken
lunch. He said he hoped he could count on the same help from staff as in the previous year.
City Manager Gleason stated staff could help with the lake cleanup, but there is a liability issue
with citizens or staff removing the asphalt from a public street. Commissioner Parker indicated
a child had gotten a piece of asphalt in his eye last year and that it is dangerous.
Commissioner Johnson
1. Said he would he would like to see the brick streets restored as part of the downtown
renovation project, but he would like a plan. He said perhaps the City could start with a section
from Oakland to McKey Street. He suggested that it might be able to be done in-house and that
the curbs also need to be redone. A lengthy discussion ensued.
2. He asked if the street lights and drain wells would be ready before Founder's Day. Acting
Public Works Director Wheeler said the wells and the lights are supposed to be done by
October 16t1'. He said the existing wells are working in their limited capacity; the two new wells
are not. Mayor Vandergrift said he would like to see a seawall by the north well. Mr.
Wheeler said SJWMD has classified some of the shore land as wetlands.
Commissioner Johnson, seconded by Mayor Vandergrift, moved to direct staff to obtain
estimates for restoring the brick streets from Oakland to McKey Street. Motion carried 5-0.
Commissioner Anderson cautioned everyone about two solicitors going door to door with a
magazine selling subscriptions. Commissioner Anderson said the solicitors were saying if you
give us cash today you will get 50% off. He said meanwhile the other person was walking along
side the house as if to scope it out. He stated people should ask for ID and he gave the phone
number of the police department. City Attorney Rosenthal explained Ocoee has no
requirements and there is no action the police can take. Police Chief Goclon stated there is no
law that requires a citizen walking down the street to carry ID. If they are driving they must
have their driver's license with them, but it is not necessary if you are on foot. He said a No
Trespassing sign could be enforced if it met specific state statute requirements. Chief Goclon
said if the persons are acting suspicious by all means call the police department.
City Manager Gleason took this opportunity to welcome Chief Goclon as the new Police Chief
effective September 17, 2002. He said later on there would be a formal presentation of the
insignias and documentation.
PUBLIC HEARINGS
Ordinance No. 2002-20 Citrus Medical & Executive Park Future Land Use Map Re-
Designation. (Senior Planner Grimms)
City Attorney Rosenthal read the title only to Ordinance No. 2002-20.
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Ocoee City Commission Regular Meeting OnAFT
September 17,2002
Sr. Planner Grimms presented the staff report on this item and the following three items. The
subject property is located on the south side of Old Winter Garden Road (SR 526) across from
the Health Central Hospital, between Blackwood Ave. and Matador Drive. The property is
comprised of 5.81 acres. If the small scale comprehensive plan amendment (SSCPA) is approved
a proposed office park complex is to be developed on this site. Future Land Use designations
within 300 feet are "Low Density Residential" on the east, south, and west side, and"Public
Facilities/Institutional" on the north side, and"Professional Offices & Services" to the northeast.
The applicant has requested a SSCPA to change the Future Land Use Map designation from
"Low Density Residential"to "Professional Offices & Services." This proposed small scale
comprehensive plan amendment will make the adopted Future Land Use Map consistent with
Ocoee-Orange County Joint Planning Area Agreement. The SSCPA will be processed
concurrently with a Rezoning Petition and a Preliminary and Final Subdivision Plan for the
subject property. If the SSCPA is approved, the requested PUD zoning would be consistent with
the "Professional Offices & Services" Future Land Use designation requested in the SSCPA.
Staff has determined that the requested SSCPA is consistent with: (1) the Ocoee- Orange County
JPA agreement, (2) Ocoee's Comprehensive Plan, (3) Ocoee's Land Development Code, and (4)
surrounding land uses and zoning classifications. Staff recommended approval of the proposed
Citrus Medical and Executive Park Small Scale Comprehensive Plan Amendment.
The public hearing was opened.
R. P. Mohnacky, 1820 Prairie Lake Blvd., inquired about the parking and number of trees.
Planning Director Wagner and Senior Planner Grimms responded to the questions.
As no one else wished to speak, the public hearing was closed.
Commissioner Johnson, seconded by Commissioner Anderson, moved to approve Ordinance
No. 2002-20. Motion carried 5-0.
Ordinance No. 2002-21 Citrus Medical & Executive Park Rezoning. (Senior Planner
Grimms)
City Attorney Rosenthal read the title only of Ordinance No. 2002-21 and stated any comments
from the previous public hearing for Ordinance No. 2002-20 would carry over to this public
hearing.
Senior Planner Grimms stated in his earlier report that the applicant has requested first that the
subject property be designated"Low Density Residential" on the City's Future Land Use Map.
If the SSCPA is approved, the requested PUD, Planned Unit Development (zoning) District will
be consistent with the"Professional Offices & Services" Future Land Use Map designation and
that a planned office commercial center is a permitted use. Staff has determined that, subject to
the SSCPA becoming effective, the proposed PUD zoning classification is consistent with: (1)
the Ocoee-Orange County JPA Agreement, (2) Ocoee's Comprehensive Plan, (3) Ocoee's Land
Development Code, and (4) surrounding land uses and zoning classifications. Staff
recommended that the Mayor and City Commission approve the rezoning, with consideration
that the site plan be viewed as a purely conceptual representation only and subject to review and
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Ocoee City Commission Regular Meeting DRAF
T
September 17, 2002
separate approval of each lot at the time of site plan submission, and subject to approval of the
Development Agreement.
The public hearing was opened, and as no one wished to speak, the public hearing was closed.
Commissioner Howell, seconded by Commissioner Johnson, moved to approve Ordinance No.
2002-21. Motion carried 5-0.
Preliminary and Final Subdivision Plan (Project#LS-99-014) (Senior Planner Grimms)
City Attorney Rosenthal restated that all the comments from the previous two public hearings
would carry over to this public hearing.
Senior Planner Grimms said before this subdivision could be approved it required a Utility
Service Agreement with Orange County and a comprehensive plan amendment to change the
subject property's Future Land Use Map designation. The Utility Service Agreement was
approved on September 11, 2001, with the City providing sewer and water service. The plans
indicate that there will be three (3) lots with a total of five (5) buildings along with a retention
pond and a 420-foot cul-de-sac private road. Staff has reviewed the Preliminary and Final
Subdivision plans and finds that they conform to the City's land development regulations. The
proposed PUD zoning requires a Development Agreement. The City Attorney has reviewed the
Development Agreement for Citrus Medical &Executive Park and stated that the owner agrees
to develop the property in accordance with the approved PUD Land Use Plan and Preliminary/
Final Subdivision Plan and further agrees to abide by the Conditions of Approval. Staff
recommended approval of the Preliminary and Final Subdivision Plans for Citrus Medical and
Executive Park(Case No. LS-99-014) as date stamped received August 9, 2002, subject to
approval of the Development Agreement, and with consideration of the Planning & Zoning
Commission's condition that the wall along Old Winter Garden Road be changed from a solid
material to wrought iron or some open style fence and that the builder make every effort to
incorporate existing trees into the parking lot islands and driveway areas.
The public hearing was opened, and as no one wished to speak, the public hearing was closed.
Commissioner Johnson, seconded by Commissioner Howell, moved to approve the
Preliminary and Final Subdivision Plan for Project#LS-99-014 per staff recommendation.
Motion carried 5-0.
Development Agreement for Citrus Medical & Executive Park PUD. (City Attorney
Rosenthal) NOT A PUBLIC HEARING
City Attorney Rosenthal stated this item is a development agreement which incorporates in the
public record the conditions of approval in the planned unit development, and the comments
made earlier regarding the adoption of the Citrus Medical &Executive Park items applied to the
development agreement as well. Staff recommended approval.
Commissioner Howell, seconded by Commissioner Johnson, moved to approve the
Development Agreement as presented per staff recommendation. Motion carried 5-0.
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Ocoee City Commission Regular Meeting D � A F 1
September 17,2002
Discussion re: La-Z-Boy Request for Approval of Agreement of Modification of Wal-Mart
Master Signage Plan. (Planning Director Wagner)
Planning Director Wagner presented the proposed layout of the La-Z-Boy store and did a brief
presentation regarding Wal-Mart Signage. He said the property is located in the Wal-Mart
commercial subdivision, on the south side of SR 50 approximately 190 feet west of the
intersection of SR 50 and Blackwood Avenue. The subject property consists of 1.94 acres and is
situated between a retention pond on the east side and a driveway entrance on the west side. He
stated the applicant was requesting a 75 square foot sign. Mr. Wagner stated the original
approval of the Wal-Mart Supercenter provided for various development restrictions that were
called out in the subject documents. These restrictions-include specific provisions related to
signage. (100 square foot maximum on outparcels) and were part of a comprehensive,
negotiated package wherein Wal-Mart was granted various waivers within their project. He said
on June 18, 2002, the City Commission considered a waiver request to allow an additional 75
square foot sign on the east side of the LA-Z-BOY Furniture Store (Lot 4) facing Blackwood
Avenue. The City Commission voted 4-1 to deny that request. Staff does not recommend
approval of the signage waiver request, but does recommend the approval of the proposed
"Agreement for Modification of Wal-Mart Master Signage Plan."
The public hearing was opened.
Attorney Dean Cannon Jr., and Scott Sackman, Area Wide Manager for La-Z-Boy, both
spoke on behalf of La-Z-Boy. Both men responded to questions from the City Commission.
There was a lengthy discussion with Planning Director Wagner and City Attorney Rosenthal
also responding to questions and clarifying issues.
The public hearing was closed.
Commissioner Anderson, seconded by Commissioner Johnson, moved to approve the
agreement for modification of Wal-Mart Master Signage Plan with the recommended changes by
the Planning Director with the understanding that this does not preclude the applicant from
requesting a waiver. Motion carried 5-0.
Commissioner Johnson, seconded by Commissioner Howell, moved to grant a waiver from the
Land Development Code to permit a 48 square foot sign on the east face of the building in
reco.nition of the location ad'oinin• the retention pond facin• a public street. Motion carried 4-
1. Mayor Vandergrift voted no.
OTHER BUSINESS
Discussion re: Authorization to Enter into an Interlocal Agreement with Orange County
Property Appraiser for GIS Parcel Data. (GIS Technician O'Halloran)
Mr. O'Halloran's staff report gave a summary of a revised Interlocal Agreement offered by the
Orange County Property Appraiser(OCPA) May 30, 2002. He said that in August 2000, the
OCPA presented terms for an Interlocal Agreement with the City and at that time the decision
was made that, because of the early stage of development of the City's GIS, signing the
agreement was not appropriate. The revisions in the newly offered agreement involve reductions
in costs to the City. Several meetings were held in July, August and September 2002, involving
7
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1:7°
Ocoee City Commission Regular Meeting A
September 17,2002
Finance, IS, Planning, Engineering, and the City Manager. Staff recommended approval of the
Interlocal Agreement with Orange County Property Appraiser.
Commissioner Anderson, seconded by Commissioner Howell, moved to approve and
authorize the Mayor and City Clerk to execute the Interlocal Agreement with Orange County
per staff's recommendation. Motion carried 5-0.
Discussion re: Modification to Land Development Code to Permit Zero Lot Line/Zero Set
Back in R-3 Residential Districts. (Planning Director Wagner/City Attorney Rosenthal)
Planning Director Wagner said that he and City Attorney Rosenthal had discussed with
Commissioner Parker a project in her district. He said subject parcel was currently zoned R3
multiple family. Mr. Wagner stated the Developer would like to build town homes and that
appears to be the general preference of the neighbors in that area. He said they would prefer to
have town homes as opposed to apartments. Commissioner Parker said it helped promote
ownership and people are more inclined to keep the property up if they own it. City Manager
Gleason said that citizens had stated that was one element of housing that was missing in Ocoee.
Mr. Wagner said because of the way the City Code is set up projects of this type (attached
housing) are required to go through PUD rezoning and an approval before the City Commission.
He said most codes automatically permit zero lot lines, zero setbacks, and smaller lots than
normal to allow town homes or villas to be platted on individual fee simple lots. Mr. Wagner
noted that such a change would permit these types of projects to occur under normal
development regulations. Issues such as building architecture, unit size, landscaping, curbing
and amenities normally covered under PUD rezoning process would no longer be items for
negotiation between the Developer and the City. There was a brief discussion with Mr. Wagner
responding to questions from the City Commission.
Commissioner Parker, seconded by Commissioner Anderson, moved to direct staff to draft an
amendment to the Ocoee Land Development Code which would address the issues of
landscaping, curbing,buffering and a size above the 600 square foot and bring the amendment
back to the Commission for final approval. Motion carried 5-0.
Recess 9:50 p.m.— 10:00 p.m.
Discussion re: Setting Park Hours for Non-Athletic Parks. (Recreation Director Farmer)
Recreation Director Farmer said due to some vandalism and complaints from citizens
regarding inappropriate activities in the parks after dark he would like the Commission to
approve the posting of signs indicating when the parks are open. He said the posting of park
hours would allow for the Police Department to properly enforce the park hours and if necessary
to ticket individuals for trespassing. Mr. Farmer said several municipalities in the surrounding
area had been contacted and indicated that their non-athletic facilities opened and closed dawn to
dusk. Staff recommended that all parks (non-athletic)have signs installed stating the park hours.
Mayor Vandergrift, seconded by Commissioner Anderson. moved to ask staff, the City
Attorney, and Police Department to bring back a policy regarding park hours acceptable to the
Commission. Motion carried 5-0.
8
Ocoee City Commission Regular Meeting DRAFT
September 17, 2002
Discussion re: Use of the Beech Center by the Boxing Boosters for a Wrestling Match and
Boxing Tournament. (Recreation Director Farmer)
Recreation Director Farmer stated that The Ocoee Boxing Boosters Club was requesting to
utilize the Beech Recreation Center on Saturday, October 26, 2002, from 4:00 p.m. to 11:00 p.m.
and on Saturday,November 16, 2002, from 12:00 noon to 11:00 p.m. The first date will be used
to host professional wrestling and the November date will be used to host a Boxing Tournament.
Staff has reviewed the activities schedule for these dates, and found them to be available. Should
the City Commission approve the use of the Beech Center on these dates, staff will ensure the
events are covered with general liability insurance with the City listed as an additional insured.
There was a brief discussion about the waiving of fees and the proceeds from the concession
sales.
Commissioner Howell, seconded by Commissioner Anderson, moved to approve the use of
the Beech Center by the Boxing Boosters, but do not waive the fees. Motion carried 5-0.
Easement to Orange County Utilities for Freedom Park. (City Attorney Rosenthal)
City Attorney Rosenthal advised that this easement was needed in order to provide utilities to
the park. Recreation Director Farmer explained that currently because of the location Orange
County provides the potable water and reclaimed water. The park is outside the City's service
area.
Mayor Vandergrift, seconded by Commissioner Johnson,moved to approve the Easement.
Motion carried 5-0.
Appointment of Applicants to Boards. (City Clerk Grafton)
Ocoee Education Commission 2 Year Terms.
Mayor Vandergrift, seconded by Commissioner Anderson, moved to appoint Kori Mortenson
and Sheila Grammer to the Education Commission for a two-year term each ending August
2004. Motion carried 5-0.
Parks and Recreation Advisory Board 2 Year Terms.
Commissioner Howell, seconded by Commissioner Anderson, moved to reappoint members
Applegate, Barber, Brennan, Bryant, and Royce to a 2 year term each ending October 1, 2004.
Motion carried 5-0.
Commissioner Parker, seconded by Commissioner Anderson, moved to appoint Bradley
Campell to fill one of the vacancies on the Parks and Recreation Board with a term ending
October 1, 2003. Motion carried 5-0.
Appointment of Delegate to National League of Cities' Annual Business Meeting. (City
Manager Gleason)
Commissioner Johnson, seconded by Commissioner Parker, moved to appoint Mayor pro tem
Anderson as Delegate to the National League of Cities Business Meeting. Motion carried 5-0.
9
Ocoee City Commission Regular Meeting ®
September 17,2002
STAFF REPORTS
City Attorney Rosenthal stated that pursuant to the City Commission action there was an
authorization to purchase the property at 28 E. McKey Street from Helen Crittenden, if they
would agree to the$115,000.00 for a purchase price. Mr. Rosenthal stated they agreed to the
$115,000.00 purchase price; however, an issue arose in that, per the contract, expenses were to
be paid by the City. Ad valorem taxes were being pro rated and the seller is required to pay them
through the date of the closing, a$965.58 cost the Crittendens objected to.
Mayor Vandergrift, seconded by Commissioner Johnson, moved to make the contract a net
contract of$115,000.00 to the seller which would have the effect of modifying the purchase
price to $115,965.58 based on a Monday closing. Motion carried 3-2. Commissioners Howell
and Anderson voted no.
COMMENTS FROM COMMISSIONERS
Commissioner Parker said the northern stretch of Clarke Road by Fire station#4 is a hazard for
the engines trying to get out of the station onto the road. She said she would like to see some
type of caution sign placed on Clarke Road warning people of emergency vehicles entering and
exiting ahead.
Without objection staff was directed to come back to the Commission with a sign proposal.
Commissioner Johnson
1. Asked the City Manager to follow through in checking on the lights and the drain hole on
Lakeshore Dr. and the side street by the stop sign.
2. Asked the City Manager to address the issues of Code Enforcement for the trailer parks, go in
and inspect the ones we can as some of those need to be condemned.
3. Said the City needs to purchase one more heat camera.
Commissioner Johnson, seconded by Commissioner Anderson, moved to purchase a heat
camera from contingency funds not to exceed$15,000.00. Motion carried 5-0.
4. Proposed there be an optional fund of some sort set up to which the employees could
contribute in order to be able to have some sort of medical coverage after the employee retires
from the City.
Commissioner Anderson suggested having a town meeting to talk about"community
standards." He spoke about a magazine placed at small children's eye level and how a
community can work to change that without violating anyone's first amendment rights. He
asked staff to set up a town meeting for his district. There was a lengthy discussion about this
issue. City Attorney Rosenthal clarified what could and could not be done.
Commissioner Howell briefly spoke about his views on where the magazines were kept.
Mayor Vandergrift
1. Asked if funds were available for the type of awnings that were shown on a handout given to
each Commissioner. He said they could be placed at the entrance of City Hall and the Police
10
Ocoee CityCommission Regular Meeting DRAFT
September 17,2002
Department. City Manager Gleason said the awnings would have to meet City Code.
Commissioner Johnson said he would like to see a wood structure as opposed to canvas.
Staff was directed to bring back options.
2. Asked if there were funds allotted to pave Lakewood Ave. City Manager Gleason said he
would check with Acting Public Works Director Wheeler and see. He said he thought it
was included in the Prima Vista plan.
3. Addressed the issue of the proclamations being done by him without the approval of the
Commission. Commissioners Anderson and Parker said if a document has the City logo on
it and it is coming from the City there should be some type of record of it at City Hall. There
was an intense discussion that led into a discussion of public records and some sunshine
issues. It was decided there would be a workshop in November to make sure all the
Commission members were up to date on both issues.
ADJOURNMENT
Meeting adjourned at 11:07 p.m.
APPROVED:
Attest: City of Ocoee
Sally Whitford,Deputy City Clerk S. Scott Vandergrift, Mayor
11
Agenda 10-01-2002
U 02AF Item III A
MINUTES OF THE OCOEE CITY COMMISSION
FINAL BUDGET SPECIAL SESSION
HELD SEPTEMBER 23, 2002
CALL TO ORDER
Mayor Vandergrift called the Final Budget Special Session to order in the Commission
Chambers at 7:00 p.m. and announced this was an advertised public hearing to finalize the
budget and adopt a final millage rate for the City of Ocoee. The City Commission has
previously approved a tentative millage rate of 4.5789 mills which represents a 0% increase in
millage over the rolled-back rate of 4.5789 mills.
Roll Call and Determination of Quorum
City Clerk Grafton called the roll and declared a quorum to be present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker.
Also present were City Manager Gleason, City Attorney Rosenthal, City Clerk Grafton,
Finance Director Horton, Finance Supervisor Carter, Budget Analyst Brosonski, Accountant
Bishop, Community Relations/Projects Director Shira, Human Resources Director Diedrich,
City Engineer/Utilities Director Shira, Acting Public Works Director Wheeler, Fire Chief
Strosnider, Information Systems Manager Ross, Planning Director Wagner, Communications
Manager Ek-Collins, Assistant Building/Zoning Official Washington, Police Chief Goclon,
and Recreation Director Fanner.
PUBLIC HEARING
Finance Director Horton reported the proposed millage rate of 4.5789 is the rolled-back rate
and represents 0% increase in taxes. The ad valorem tax revenue will provide funding for
operating expenses, programs, capital improvement projects, and the purchase of equipment
and vehicles.
The public hearing was opened.
Comments by Citizens
R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked what changes were made between the
last budget and this budget, particularly regarding manpower. City Manager Gleason
responded there was one new full-time position for an aquatic supervisor, and several part-
time lifeguards would be needed. This cost will be offset by the savings, because the City will
no longer be paying YMCA for this service. He added this budget is less than 1% over last
year's budget.
Kristen Leach, 2712 Estep Court, advised six cats were missing in her neighborhood and
three were confirmed dead. Her cat was one of those killed by a bobcat and she felt the City
should not give up the position of animal control as proposed in this budget. She added the
City had done nothing to inform the public about this danger. She asked that the animal
control position not be given up, as this person was needed to catch the bobcat. City
Manager Gleason explained that animal control is not concerned with wildlife, but rather with
Ocoee CityCommission Final Budget Special Session D R Q F o
g P
September 23, 2002
domestic animals, and the state will step in for wildlife control. He added that all Orange
County citizens are paying the County for animal control and it would be appropriate for all to
benefit from these tax monies rather than have Ocoee citizens paying twice for animal control.
Commissioner Parker said she would follow up on this as she had already contacted some
wildlife specialists, who said for a fee of $150 to trap_and $150 to dispose of the animal, they
would take care of the problem animal(s). She said she felt this could be accomplished with an
expenditure of less than $1,000 and she asked Mayor Vandergrift to declare this an emergency
item so she could make a motion.
Mayor Vandergrift declared this to be an emergency item.
Commissioner Parker, seconded by Commissioner Johnson, moved to contact a wildlife
specialist to trap and remove wild animals and resolve this situation. Motion carried 5-0.
Karl Meyer, 2205 Essex Drive, addressed the Commission regarding domestic animals
roaming in packs in Coventry Subdivision.
Commissioner Parker said that, as a result of insurance companies refusing to cover incidents
involving shepherds, chows and pit bulls, irresponsible pet owners have turned their pets out
and they are running in packs. She said she plans to go to the County to address this issue, as
they should take care of the City of Ocoee residents as well as the unincorporated areas of the
County.
Ms. Leach asked to be advised of the name of the trappers. Both Commissioner Parker and
Mr. Gleason said they would give her the information.
Edith Galarza, Boxing Booster mom, addressed the Commission regarding the closing of the
boxing program and gym. City Manager Gleason advised the City was not closing it down,
just privatizing the program, and would be providing $10,000 to aid Mr. Cristelli in finding
another location.
Irma (?), spoke as an animal advocate in opposition to removing the animal control position
from the budget and in favor of continuing the mobile spay/neuter clinic.
Comments by Commissioners
Mayor Vandergrift agreed with this last speaker regarding animal control, and said he had
advocated a part-time animal control position in the past.
Mayor Vandergrift moved to amend the budget by deleting the assistant public works director
position and retaining animal control. The motion died for lack of a second.
Commissioner Johnson discussed double taxation and said each citizen should go to the
County and let them know they expect service.
Page 2 of 4
Ocoee City Commission Final Budget Special Session D RAF 7
September 23, 2002
Commissioner Parker said the mobile spay/neuter clinic could still come out whether the City
has an animal control department or not.
Commissioner Anderson said the focus should be on mosquito control rather than animal
control at this time.
Commissioner Howell said there are some things he does not agree with in the budget and he
would like to vote on Parks & Recreation and Public Works items separately. City Attorney
Rosenthal advised this was not possible as the budget was not subject to separate votes.
Commissioner Johnson said he wants to amend the travel policy so that anything they spend
on trips will come directly out of their stipend. This will be discussed further at the next
regular meeting.
Mayor Vandergrift asked if there were any amendments the Commission wished to propose
to the adopted tentative budget and there were none brought forward.
City Attorney Rosenthal announced since there were no amendments to the adopted tentative
budget, a recess was not needed.
Motion to adopt Ordinance No. 2002-22, setting final millage rate.
Commissioner Parker, seconded by Commissioner Johnson, moved to adopt Ordinance No.
2002-22 setting a final millage rate at 4.5789 mills for fiscal year 2002-2003.
Prior to calling for the vote on the above motion, Mr. Rosenthal read the title only of the
Ordinance and announced the name of the taxing authority is the City of Ocoee, the rolled-
back millage rate is 4.5789 mills, the proposed percentage by which the proposed millage
exceeds the rolled-back rate is 0%. The millage rate proposed by the Ordinance is 4.5789
mills. Mayor Vandergrift asked for public comments or Commission comments and there
were none. The vote was then called for. Motion carried 5-0.
RECESS 7:53 - 8:02 p .m.
Motion to adopt Ordinance No. 2002-23, adopting final budget.
Commissioner Anderson, seconded by Commissioner Parker, moved to adopt Ordinance
No. 2002-23, adopting the final budget for fiscal year 2002-2003.
Mayor Vandergrift asked for public comments and there were none.
Commissioner Howell stated that overall it was a good budget but there were things he could
not agree with so he must vote against the whole budget. He then elected to propose a change
in the reclassifications.
Page 3 of 4
DnAF7
Ocoee City Commission Final Budget Special Session
September 23, 2002
Commissioner Howell, seconded by Mayor Vandergrift, moved to amend the adopted
tentative budget and Ordinance No. 2002-23 to make changes in the positions listed on page 9-
2 by deleting the two reclassifications, the title change, and the aquatic supervisor position in
the Recreation Department and move the funding figures (48,765.) into contingency.
When discussion was called, Commissioner Johnson asked Recreation Director Farmer to
report on the dollars he has turned in compared to last year's receipts. Mr. Farmer reported
an additional $10,000 has come in as a result of the pool, and for rentals an additional $30,000
plus.
When the vote for the proposed amendment was called, the motion lost 1-4 with Mayor
Vandergrift and Commissioners Anderson, Johnson, and Parker voting no.
Vote on motion to adopt Ordinance No. 2002-23, adopting the final budget.
When the vote on the original motion to adopt Ordinance No. 2002-23 adopting the final
budget was called the motion passed 5-0.
Commissioner Anderson commended staff for a very professional job and the best budget he
has seen. The rest of the Commission agreed.
ADJOURNMENT
Mayor Vandergrift announced the end of the budget public hearing and adjourned the
meeting at 8:15 p.m.
APPROVED:
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
•
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