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HomeMy WebLinkAboutItem 16. Adoption of Resolution Increasing Rates for Solid Waste/Residential Service City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: April 18, 2023 Item #: 16 Contact Name: Stephen Krug Department Director: Stephen Krug Contact Number: Ext. 6002 City Manager: Robert Frank Subject: Adoption of Resolution Increasing Rates for Solid Waste/Residential Service. (Public Works Director Krug) Background Summary: The City Commission approved Resolution No. 2019-013 on September 11, 2019 to establish the current rate for solid waste/residential curbside services for garbage, recycling and yard & bulk waste collection. The Commission approved on September 21, 2022 to increase the rate for service by $1.25 per month ($15.00 annually) in order to create a Sanitation Coordinator's position to be a liaison between the City, the citizens and the franchise vendor to ensure contract service requirements and customer service expectations are met. The current rate is $275.25 annually. The new rate will include the 1.4% annual increase, plus the additional $15.00 annual fee, to provide a new annual fee of $294.12 ($24.51 monthly). Approval of a Resolution will adopt the new rate which provides an increase of $268,727.67 from the current year. Issue: Request City Commission adopt the proposed residential solid waste rate through a resolution for the sanitation coordinator's position, a liaison between the City, the citizens and the franchise vendor to ensure contract service requirements and customer service expectations are met. Recommendations: Staff recommends the Honorable Mayor and City Commissioners adopt a resolution to increase the rate for residential solid waste to $24.51 monthly ($294.12 annually). Attachments: 1. Resolution 2. Presentation 3. 09-21-2022 Minutes 4. Advertisement Financial Impacts: Generate revenues of $4,188,562.92 for the Solid Waste fund. Type of Item: Public Hearing Page 652 of 668 RESOLUTION NO. 2023- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, INCREASING RATES FOR SOLID WASTE/RESIDENTIAL CURBSIDE (GARBAGE, RECYCLING AND YARD & BULKY WASTE) SERVICE; REPEALING RESOLUTIONS OR PORTIONS OF RESOLUTIONS INCONSISTENT THEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Section 143-8 of the Code of Ordinances of the City of Ocoee, Florida, Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. WHEREAS, the City Commission has determined it is necessary to increase the rates for the residential curbside (garbage, recycling and yard & bulky waste) services in order to contract services to the City's solid waste services franchisee; and WHEREAS, the provisions of Chapter 143 of the City of Ocoee Code require that the solid waste services rates be approved by the City Commission at an advertised public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Section 143-8 of the Code of Ordinances of the City of Ocoee, Florida, Article VIII of the Constitution of the State of Florida and Chapter 166, Florida statutes. SECTION 2. Repeal of Resolution 2019-013. Resolution No. 2019-013, adopted September 11, 2019, is hereby repealed in its entirety. SECTION 3. Increased Rates for Solid Waste/Residential Curbside (Garbage, Recycling and Yard & Bulky Waste) Services. Pursuant to Section 143-8 (A) of the Code of Ordinances of the City of Ocoee, the City Commission of the City of Ocoee hereby establishes the following rates for the residential curbside (garbage, recycling and yard & bulky waste) services: Effective October 1, 2023 with an initial fee of $24.51 monthly ($294.12 annually) and a 1.4 percent annual increase per customer. SECTION 4. Advertised Public Hearing. Pursuant to Section 143-8(A), this resolution was adopted by the City Commission of the City of Ocoee at an advertised public hearing on __________________. Page 653 of 668 SECTION 5. Inconsistent Resolutions. The provisions of resolutions or parts thereof which are inconsistent or in conflict with this Resolution are hereby repealed. SECTION 6. Severability. If any section, subsection, sentence, clause or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ___ day of ________________, 2023. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA By: ________________________________ By: ______________________________ Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) FOR THE USE AND RELIANCE APPROVED BY THE OCOEE ONLY OF THE CITY OF OCOEE, FLORIDA: CITY COMMISSION AT A MEETING APPROVED AS TO FORM AND LEGALITY HELD ON _______________, 2023 this ____ day of ________________, 2023 UNDER AGENDA ITEM NO. _______ By: ___________________________ Scott Cookson, City Attorney Page 654 of 668 1 first year cost). – Compliance Supervisor (new).A full time City employee who coordinates directly with Waste Connections and City Residents. The employee would work proactively to mitigate collection issues and ensure compliance with both the City Solid Waste Collection Ordinance and the Waste Connections Contract. Claw truck (new. $180K over 4 years).Pickup truck 4x2 (new Fuel and Maintenance.Dump fees (estimated).Future Capital Replacement Costs.Reimbursement General Fund.Total Public Works Team Residential Bulk Collection * The City’s ability to charge for collecting excess bulk may require contract review. 45,000 $ 56,550$$ 32,000 $ 25,000$150,000$ 29,000$ 71,700$409,250 Cost for Bulk Collection Code Violations:*••••••••Current home count: 14,241$409,250 / 14,241 homes = $28.74 annually = $2.40 monthly. 2 first year cost). – Compliance Supervisor (new).Pickup truck 4x2 (new Fuel and Maintenance.Future Capital Replacement Costs.Reimbursement General Fund.Total Public Works Team Residential Bulk Collection $ 56,550$ 32,000 $ 25,000$ 29,000$ 71,700$214,250 Cost for Bulk Collection Code Violations:••••••Current home count: 14,241$214,250 / 14,241 homes = $15.04 annually = $1.25 monthly. Final Budget Hearing OCOEE CITY COMMISSION Ocoee Commission Chambers I North Bluford Avenue, Ocoee, FL September 21, 2022 MINUTES 6:00 P.M. a M LMIJ L1 011, 1 A. invocation and Pledge of Allegiance Mayor Johnson called the final budget hearing to order at 6:00 PM in the Commission Chambers of City Hall. The invocation was led by Mayor Johnson followed by the Pledge of Allegiance to the Flag. B. Roll Call and Determination of Quorum - 6:01 PM City Clerk Sibbitt called the roll and declared a quorum present. Present: Commissioner Brinson, Commissioner Wilsen, Mayor Johnson, Commissioner Firstrier, Commissioner Oliver Also Present: City Manager Frank, City Attorney Cookson, City Clerk, Sibbitt, Finance Director Roberts A) Announcement by Mayor Johnson Mayor Johnson announced this is an advertised public hearing to adopt a final millage rate and finalize the budget for the City of Ocoee for the Fiscal Year 2022-2023 commencing on October 1, 2022, and ending September 30, 2023. The City Commission has previously approved a tentative millage rate of 4.9732 mills, which represents a 7.2% increase in millage over the roll- back rate of 4.6361 mills. The advertised tentative millage rate of 5.05 mills is the maximum millage rate which may be adopted by the City Commission at this Final Budget Public Hearing tonight. He then asked the Director of Finance to make a brief presentation. B) Briefing by Director of Finance on the percentage increase in millage under the rolled -back rate necessary to fund the budget and the specific purpose for which ad valorem tax revenues are being increased. 6:02 PM Finance Director Roberts announced the following adjustments made during the Tentative Budget Hearing: e The HRDB budget was increased to $100,000 for multi -cultural events — an increase of 55,000. 0 The Youth Council budget was reinstated at $10,000. 0 The Youth Initiatives budget was decreased by $5,000. 50,000 was added to sidewalks. Page 657 of 668 Imm, Amm-WRIM01MIM ,Tmm September 21, 2022 In addition, the staffing list was amended to show the Mayor and Commissioners holding elected positions neither full or part-time, and a new budget line was added titled "Transfer Out - Ocoee Music Festival." Neither of these items impacted the budget. The budget is balanced at 4.9500 mills, which is 7% above the rolled -back rate of 4.6361 mills. The increase in the millage will be used to balance the budget which provide for Citywide operations and capital improvements. At the previous budget hearing, the City Commission discussed the possibility of adding supplementary bulk collection services to the Solid Waste Fund. City staff has collected the cost for providing that service and is prepared to present those costs. Finance Director Roberts presented and explained two options (Option A & Option B) for Bulk Collection - Code Violations. Option A included a purchase of a claw truck, dump fees, may require contract review for the City's ability to charge for collecting excess bulk, and was estimated to cost $2.40/monthly. Option B would not include the purchase of a claw truck or require dump fees, and was estimated to cost $1.25/monthly. Mayor Johnson inquired if changes to the Bulk Collection would affect the millage rate. Finance Director Roberts explained the implementation of the Solid Waste Program would not affect the millage rate as the General Fund would be loaning the money to the Solid Waste Fund. Commissioner Wilsen inquired how Option B would correct the issue of residents placing extra yard waste for collection. City Manager Frank explained the current process is a call between the resident and Waste Connections; whereas, the options presented will provide a City employee to coordinate directly with Waste Connections and the City Resident. The employee would work proactively to mitigate collection issues and ensure compliance with both the City Solid Waste Collection Ordinance and the Waste Connections Contract. Commissioner Brinson inquired what the current process is regarding a missed collection. City Engineer Campanale explained the current calls they field with regard to Solid Waste Collection, and shared that many residents do not understand the requirements. He further expounded on how the options proposed would enhance the level of service to the residents. Commissioner Oliver inquired about the benefit of the claw truck in Option A, and the new position of Compliance Supervisor. City Engineer Campanale addressed his questions, and shared the Compliance Supervisor would also be the claw truck operator. A brief discussion ensued on the options presented. Commissioner Oliver shared his confusion on why they would need to look at the contract if they owned the claw truck. City Manager Frank addressed his question. 1. Comments by Citizens - 6:23 PA"I Mayor Johnson opened the floor for public comments. The following persons addressed the City Commission: Jim Moyer, Ocoee Resident, suggested a third option for the Solid Waste Collection issue of only hiring the Compliance Supervisor and allow them to gather information before proceeding with the presented additional costs. 2 1 P a g e Page 658 of 668 Brent Deitrick, Ocoee Resident, inquired when hurricane season occurs, will they have the same Solid Waste Collection Service. City Manager Frank explained the City's process on reporting to FEMA for Solid Waste collections after a hurricane. The public hearing -vi,as closed. 2. Comments by Commissioners - 6.-.28 PNI Commissioner Wilsen inquired if they would need a vote this evening for the Bulk Collection options. City Attorney Cookson explained City staff is seeking direction on how to proceed so they may review the ordinance and contracts. A brief discussion ensued on the claw truck. m0=111"IN" R Filli 11111i i as presented. 3. Comments by Citizens - ':.3'4 PMoi, Mayor Johnson opened the floor for public comments. The following persons addressed the City Commission: Jim Moyer, Ocoee Resident, asked for $500 to be reinstated annually to American Legion Post 109, as was done in the past. He further commended the Finance Director for her work on the budget. Commissioner Wilsen shared that she responded to his email and explained the funding he is requesting was initially provided by the Community Merit Board, but that Board is no longer active. She further explained each Elected Official has discretionary funds which is where the funds would come from, if he sends them an individual request. Tonya Dorisca, Ocoee Resident and HRDB Member, shared she was present at the Tentative Budget Public Hearing to request funding for multi -cultural events, and realized there were concerns about the motion that was made by the HRDB. She read the motion as provided to her by the Recording Clerk and thanked the City Commission for the approval of the funds. Brad Lonmeck, Ocoee Resident and HRDB Member, commented on the HRDB budget and the request for additional funding for projects that he felt the Board volunteers were not prepared to host. He further commented on the ARPA funding in place for the Fire Station and the Training Center for the Police Department, which he voiced is needed, and asked that funds not be taken from that budget to be used elsewhere. Vivian Lyte-Johnson, Ocoee Resident, shared she has attended the HRDB Meetings as a citizen and is troubled with the miscommunication amongst the members. She further shared her support in the HRDB receiving the additional funding. The public hearing was closed. Page 659 of 668 September 21, 2022 Commissioner Wilsen recounted the HRDB funding discussion from the Tentative Budget Public Hearing, and shared she is not in favor of the additional request for funding as she felt there were unanswered questions on how the funds would be disbursed. Commissioner Firstner confirmed that if the HRDB did not present the City Commission with acceptable multi -cultural events, then they would not be able to spend the funds. Assistant Support Services Director Gaines explained the HRDB is an Advisory Board. So they would have to receive City Commission approval for their events prior to using budgeted funds. Commissioner Oliver thanked Ms. Dorisca for the clarification, and further explained his request for the $100,000. He commented on the simplicity of the HRDB being able to team up with any Board that is interested in hosting a multi -cultural event. He shared that there is a lack of understanding of Arts & Culture within the City which he felt could assist with bringing in revenue. Mayor Johnson shared his support for the HRDB Chair, and her request for the funding of their annual planned events. He explained that additional funding should not be fronted until they have planned events. He further explained the sponsor and budget process for the Music Festival. Discussion ensued about the increase to the HRDB budget, and how the City Commission would approve those event requests. Commissioner Brinson cautioned that this item has already been voted on and felt they should not be discussing changes to the motion that was approved at the Tentative Budget Hearing. City Attorney Cookson recounted the discussion from the Tentative Budget Hearing, and explained that the motion approved was for the additional increase in funding to be utilized by the HRDB; however, since they have not adopted the Final Budget, they can still have discussions and make amendments. He further clarified with Commissioner Wilsen that she is asking to know who can utilize the funding which does not affect the budgeted amount. Commissioner Wilsen agreed that what she is confirming is that the funds would be available for other advisory boards to utilize, and those boards would need City Commission approval. A brief discussion ensued on the procedures for advisory boards to utilize budgeted funds for events. ljr+"', U-1 R11 IWe = RIM100 pill" those funds would have to be for a specific event approved by the Ci Firstner. Commissioner Oliver explained the current event approval process, the mission and objectives of the HRDB; and further, commented that funding should only be provided to boards that oversee a multi -cultural event. Commissioner Brinson voiced his discontent with ignoring the integrity of the HRDB, and making budget requests for other advisory boards who did not come before them for funding. 4 1 P a g e Page 660 of 668 Final Budget Public Hearing September 21, 2022 IC) Amendments to Proposed Tentative Budget - 72,.#IN/1 D) Announcement by Director of Finance of the proposed final millage rate and the percent by which the proposed millage rate exceeds the rolled -back rate. This percentage is the proposed final percentage increase in property taxes. 7.35 I'M Both Items C and D ivere heard out ofAgenda Order tinder E 2. Comments by Commissioners on Final Allillage Rate. 1E) Adoption of Final Millage Rate — 7 : 22 I'M City Attorney Cookson announced the name of the taxing authority is the City of Ocoee. The rolled -back millage rate is 4.6361 mills. The percentage by which the proposed millage rate exceeds the rolled -back rate is 7%. The millage rate proposed by the Ordinance is 4.9500 mills. City Attorney Cookson read the title of the ordinance. The ordinance as adopted carries the following title: loll N WA%11 M hZEWT I fF 171TA V 1. Comments by Citizens —724 I'M Mayor Johnson opened the floor for public comments by citizens. No speaker reservation forms were received; therefore, the public hearing was closed. Commissioner Oliver commented on the decrease made to the Youth Initiative budget which he had proposed be used for Ocoee Youth Council travel, and inquired if the motion at the Tentative Budget Hearing was approval for local travel only. 1171 non-TIMlill i•i lli illill i• le I R WIN ! i I • ••- • •; jUlifilmns a [!=-]I bv ="- NVI R1 F - 1"MR-111 - 291-111 =11 Commissioner Oliver, Seconded Commissioner Brinson. 5 1 P a g e Page 661 of 668 Commissioner Wilsen voiced her support on the local travel only. Mayor Johnson commented that he does not have a problem with the Ocoee Youth Council going to Tallahassee as he felt they should be able to see their legislatures at work. Commissioner Oliver asked OYC Coordinator Dillard questions related to the Youth Council. OYC Coordinator Dillard addressed his questions. Mayor Johnson commented on the importance of the youth also fundraising money to cover costs associated with their travel. AT AM •MrX rMIM• M-MIRIMMSMIR - - • - r• • • • Oliver, by Mayor• • r • - • 1 Announcement by Director of Finance of the proposed final millage rate and the percent by which the proposed millage rate exceeds the rolled -back rate. This percentage is the proposed final percentage increase in property taxes. 7.35 PM Finance Director Roberts advised the proposed millage rate is 4.9500 mills which is 7% above the rolled -back rate of 4.6361 mills. The increase in the millage will be used to balance the budget which provide for Citywide operations and capital improvements. City Manager Frank inquired about the $2,500 increase to the Youth Initiative and where the funds would be coming from. Commissioner Oliver inquired if there was $2,500 in Contingency Funds that could be rolled over for this special circumstance. Mayor Johnson commented on rolling over the funds from the Unity Park monument budget. Finance Director Roberts confirmed funds could be rolled over and the millage rate would not be affected. City Attorney Cookson announced the name of the taxing authority is the City of Ocoee. The rolled -back millage rate is 4.6361 mills. The percentage by which the proposed millage rate exceeds the rolled -back rate is 7%. The millage rate proposed by the Ordinance is 4.9500 mills. City Attorney Cookson read the title of the ordinance. The ordinance as adopted carries the following title: k IMM 01 I 1 carried 1 a Page 662 of 668 Final Budget Public Hearing September 21, 2022 IF) Adoption of Final Budget — 7440 PM City Attorney Cookson read the title of the ordinance. The ordinance as adopted carries the following title: 1. a hill I'm IU.L 1. Comments by Citizens —7.-,-,,,() PNII Mayor Johnson opened the floor for public comments by citizens. No speaker reservation forms ivere received- therefore, the public hearing was closed 2. Comments by Commissioners on Final Budget —7:41 11"I'V11 No additional comments ivere made. KOM Me- MITMEWNWRIV-0 Z Wo RN M 63 111111 M lei I IR V P19 11 M-- Im "M IMM. 111111 RVIROTIRTINT TH "M ill ". Mayor Johnson announced that emails were received by citizens about the budget, and are considered public records which can be requested through the City Clerk's Department. The meeting was adjourned at 7:44 PM. Attest: Melanie Page 663 of 668 West Orange Times c/o Business Observer 1970 Main Street 3rd Floor Sarasota, FL 34236 , 941-906-9386 x322INVOICE Legal Advertising Attention: If you are a government agency and you believe that you qualify for a 15% discount to the second insertion of your notice per F.S. revision 50.061, please inform Kristen Boothroyd directly at 941-906-9386 x323. NOTICE The Business Observer makes every effort to ensure that its public notice advertising is accurate and in full compliance with all applicable statutes and ordinances and that its information is correct. Nevertheless, we ask that our advertisers scrutinize published ads carefully and alert us immediately to any errors so that we may correct them as soon as possible. We cannot accept responsibility for mistakes beyond bearing the cost of republishing advertisements that contain errors . Page 664 of 668