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HomeMy WebLinkAbout09-15-87 MINUTES OF CITY COMMISSION MEETING HELD ON SEPTEMBER 15, 1987 - Mayor Ison called the meeting to order at 7:35 p.m.. Mayor Ison led in prayer and the pledge of allegiance to the flag. PRESENT: Mayor Ison, Commissioners Bateman and Hager, City Manager Ryan, City Attorney Linda Barnby, City Clerk Catron, Planning Director Wagner, Public Works Director Occhiuzzo, Water Superintendent Cockrell, and City Engineer Kelley. ABSENT: Commissioner Dabbs Commissioner Johnson (ill), (vacation). (death in the family), and City Attorney Kruppenbacher PRESENTATIONS AND PROCLAMATIONS John Linebarier of the Masons expressed appreciation for being part 0% this special presentation especially on the eve 0% the celebration 0% the Constitution. Mr. Linebarier then introduced George Woodward, President of the Masons, who presented a %lag to the City of Ocoee which had been flown over the Capital in Washington, D.C. The %lag was presented to Commissioner Hager as senior member 0% the Commission. Mr. Woodward told the Commission that the certi%icate %or the flag had a mistake on it and was sent back to be corrected and as 0% today, it had not been returned. Mayor Ieon and the Commissioners each thanked Mr. Woodward. - Cathie Pollack and Tim Shidel addressed the Mayor and Commissioners and gave details on the events to take place at the Constitution Day festivities on September 17th. Ms. Pollack, dressed as Abigail Smith Adams, said the celebration would start at 6:15 p.m. and would feature free hotdogs, cake, and punch; a boat parade; music; a costume contest; and fireworks. Mayor Ison reported that Ocoee was one of only eight cities in Florida chosen to celebrate the Bicentennial of the Constitution. APPROVALS - CONSENT AGENDA Commissioner Hager moved to approve both items Agenda, Commissioner Bateman seconded, and unanimous. Items approved were as %ollows: Commission Meeting Minutes 0% 9-01-87; and Commission Meeting Minutes of 9-01-87. on the Consent approval was A - Regular B - Workshop OLD BUSINESS Speciel S~e%% Repor~. - Ci~y Engin.er - TOM Kelley Bowne.. Road ProJec~ - S~a~u. Report City Engineer Kelley said he had completed the design 0% the proJect and that there were some right-of-way adJustments. The speed limit was also upgraded five (5) miles an hour. 1 e Pege 2 Ci~y COMMi..ion He.~ing Sep~eMber lS, 1987 Mr. Kelley stated that preparations of the right-of-way documents were still not completed because further investigation showed that there were a number of actual owners of the right-of-way. He said it would take about five days to complete the documents once his company received the information from the City Attorney~s office. Mr. Kelley also mentioned there was some question as to the Railroad situation. City Attorney Barnby said there were two different sources and opinions of ownership of the right-of- way -- one that said that Orange County owns all of it and the other which said Orange County doesn~t own it all. She said the title search company had two full-time searchers working on it and that they reported they had completed half the search. She said the company anticipated completing the search in about two (2) to three (3) weeks. Mr. Kelley said that he would give an updated cost estimate at the next Commission Meeting on October 6th. The item was put back on the agenda for the first item under Old Business. - Mayor Ison said the State Legislature had asked for a list of proJects that need funding help so that they could put it on their schedule. The Mayor said road proJects should take priority on the list and asked the City Planner, Public Works Director, and City Engineer to list the proJects that come under State Jurisdiction so they can take the opportunity for funding assistance. Public Heering Ceble TV on Level of Service - Stetu& Report Rick D~Loughy of Cablevision Industries presented a progress report to the Commissioners citing service and system improvements that the Commission had asked to be taken care of in a letter dated August 13. Specific items that he addressed included Staff improvements in Customer Relations; technical improvements in the actual cable system; a new telephone system; stand-by power to back the system up in the event of a natural disaster: individual home connections; and the addition of a new channel <56, WAYK, Melbourne} to begin October 1, 1987. e Commissioner Bateman said that he was pleased with Cablevision~s efforts up to this point and that he would continue to work closely with Dave Fulton. He said there would be a further update on October 20, 1987. Mayor Ison stated t.hat he had seen numerous Cablevision trucks in the area and that that made him feel that the company was working hard to correct any difficiencies in service. Commissioner Hager said he had not heard many complaints and that he too had seen quite a few trucks in the area. There were no 2 e Pege 3 Ci~y Co..i..ion Hee~ing Sep~e.ber 1~, 1987 comments from citizens and the issue was placed on the follow up agenda to be discussed on October 20, 1987. Public Heering Acqul.l~lon o~ Prl.a Vl.~a Utlll~le. Mayor Ison said that in the interest of the citizens, a public hearing was celled for discussion of the issue. City Manager Ryan said that on the advice of special legal counsel Andrew Thomas and Jim Ade, the City would open the discussion up and that anyone be allowed to speak. Mr. Ryan also stated that there would be a special meeting on October 29, 1987 at which time more would be known as to the progress of the acquisition. Mr. R.P. Mohnachy, 1820 Prairie Lake Blvd., asked how the bonds would be paid and whether or not the taxpayers would be protected from having to pay for the acquisition of, the sewer company. e City Manager Ryan said the financing would be handled in one of two ways: either the acquisition would be internally financed (company pay for itself) or a combination of repayment ox bonds using guarantees of other revenues and amortizing based on rates/cost in aid of construction. Mayor Ison stressed that the acquisition would not be subsidized by citizens who have septic tanks nor would monies be taken from other general accounts of the City. Mr. Mohnacky also asked if people would be made to switch from septic tanks to sewer. Mayor Ison said no retrofitting is planned, except if a regulatory agency was to find that a septic system was not doing the Job. Mayor because service, quality. special 1987. Ison said the acquisition would benefit Ocoee citizens the City would be more interested in the quality of the rate charged, and the issue of environmental There were no other comments from citizens and a meeting on the issue was scheduled for October 29, Public Heering. end Second Reeding. Ord1nence 1006, Incree.1ng Sen1~at1on Rete. Mayor Ison opened the Public Hearing and City Manager Ryan read the proposed ordinance by title only. The Mayor explained that the increased rates were proposed because the Orange County Landfill System had increased the rates it charged the City of Ocoee by about 135 percent. e R. P. Mohnacky, 1820 Prarie Lake Blvd., asked about the 3 e Pege 4 Ci~y Commi..ion Hee~in9 Sep~ember lS, 1987 possibility of having only one garbage pick up per week rather than two and said that might save some money. Mayor leon said that rates were not altered by the number of pick ups but by poundage and that in that case, the rates would not change. Mr. Mohnacky also commented on the fact that grass clippings and things that could be recycled should not be allowed to be included in garbage pickup. Mayor Ison said that some cities had implemented garbage separation and that Ocoee had considered trying to work on paper recycling. - Sherry Wolski, 607 E. Lakeshore Drive, commended the garbage service and said she appreciated the Sanitation Department workers for their hard work and friendliness. Ms. Wolski also added that she strongly approved of keeping the two-day service. Mayor Ison and City Manager Ryan also commended the Sanitation Department and said the City had received numerous compliments on the service and staff. The Mayor then closed the public hearing after asking if there were anymore citizens who wished to comment. Commissioner Bateman moved to approve Ordinance 1006 and Commissioner Hager seconded. Because there were only three Board members present, a role call vote was needed. Commissioner Hager voted "yes", Commissioner Bateman voted "yes", and Mayor lson voted "yes". Motion approved unanimously. Ordinence 1007, Amending Fence Ordinence Mayor Ison opened the Public Hearing and City Manager Ryan read the proposed ordinance by title only. Mr. Ryan explained that this ordinance would amend a previous one by restricting the opacity of fences in front yard areas, making it necessary for these fences to have a certain degree of openess. There were no citizen or Commission comments and the Public Hearing was closed. Commissioner Hager moved to approve the ordinance and Commissioner Bateman seconded. A roll call vote was taken and Commissioner Hager voted "yes", Commissioner Bateman voted "yes", and Mayor Ison voted "yes". Motion approved unanimously. Ordinence 1008, Vaceting Oek & Celifornie Street Mayor Ison opened the Public Hearing and City Manager Ryan read the proposed ordinance by title only. It was explained that vacation of these right-of-ways would facilitate the platting of Harbour Highlands Village Phase I Subdivision. There were no citizen or Commission comments so the Public Hearing was closed. Commissioner Bateman moved to approve the ordinance and Commissioner Hager seconded. A role call vote was taken and Commissioner Hager, Commissioner Bateman, and Mayor lson all voted "yes". Motion approved unanimously. e 4 e Pag_ ~ Ci~y COMMi..ion Kee~ing Sep~ember 1~, 1987 - Ordinence 1009, Gren~ing Non-Exclu.ive Franchi.e ~o Cebleviaion of Centrel Floride Mayor lson opened the Public Hearing and City Manager Ryan read the ordinance by title only. James Basque, Attorney for Cablevision Industries, urged the Commissioners to make sure that the new company would not be in a more beneficial position than the existing provider. Mr. Basque explained that he had many reservations about the proposed ordinance drawn up to grant Cablevision of Central Florida an opportunity to service the City. He said the ordinance would provide too much flexibility and therefore the two companies would not be competing on equal ground. The specific problems that Mr. Basque referenced included: 1 - The ordinance was vague in regards to understanding what service area the new company would need to address, and the time that the company would have to phase in the service. 2 - On page 11 of the contract, the bond issue did not discuss amounts. 3 - The minimum insurance amounts discussed on page 6 of the contract may not be sufficient. 4 - The contract mentioned that the company would be required to keep a local office within Orange County but did not get more specific to include an office in Ocoee or within a certain distance of the City. 5 - The contract required that the company pay the City a reasonable franchise fee and that the fee be equal to five (5) percent of the company~s gross subscriber revenues per year. Mr. Basque explained that the existing cable company, Cablevision Industries, was mainly concerned that the City make sure that the two companies were operating on an equal basis. He said the way the proposed contract now read, the new company would not be under contract to provide service to the entire City and therefore could provide better, more personal service. City Manager Ryan cited pege 12 in the contract which detailed the percentage of areas the proposed cable system would have to service in specific periods of time. Mr. Ryan said the contract~s intent was not to provide easier standards to the new company, but to allow enough time to complete the system. e Mayor lson asked Attorney Barnby if she felt the wording of the ordinance needed to be changed. Ms. Barnby said she would need further time to review the contract. City Manager Ryan said the Staff was comfortable with it and that special legal counsel Andrew Thomas had been employed on this ordinance. Attorney Barnby said she saw no reason, therefore, not to continue. City Manager explained that there was also another reason to continue the hearing. As of October 1, 1987, a new State statute lobbied by the cable television industry, would prevent competition between 5 e Peg. 6 Ci~y COMMi..ion M..ting S.p~.Mb.r 15, 1987 companies ~nd would benefit companies whose services already existed. Under t.he statute.. a company would have to prove that there was a need for an additional company to come into an area presently being served by another company. Mayor Ison said that the intent of the proposed ordinance was to allow for another company to provide cable service.. but that the bottom line was that the company would have to service the entire City and that equality would not be an issue. Any disadvantages would be taken up by the Commission to make sure the two companies remained on equal grounds. City Manager Ryan said that 15 requests for proposals were sent out by the Staff and that this was the only company that responded. -- Mrs. Jerry Massa, 611 E. Lakeshore Drive, asked if the new company would need to dig up the roads and yards again and said she had some concern about the expense this would entail. Joe Taylor of Cablevision Industries responded that new cables would either have to be buried underground or put on poles. R. P. Mohn~cky, 1820 Prarie Lake Blvd., questioned whether the Forest Oaks Phase III was serviced by Cablevision Industries because his neighbor had told him it wasn't. Cablevision Industries representatives assured him that service was available to homes in that area. There were no other citizen comments. Commissioner Beteman said he had a lot of difficulty with the language of the proposed ordinance.. particularly in Sections 3 and 5. Commissioner Bateman moved to table the ordinance until January 5.. 1988 and Commissioner Hager seconded. A roll call vote was taken and Commissioner Bateman, Commissioner Hager.. and Mayor Ison all voted "yes" and the motion was approved unanimously. Ordinance 1010, Oco.. Hi.~oric COMMi..ion Mayor Ison opened the Public Hearing and City Manager Ryan read the ordinance by title only. Mayor Ison said the ordinance was a way of thanking the Historic Commission and giving it more power. Elizabeth Ervine, President of the Historic Commission, said they would like more time to study the document and be able to make comments. Commissioner Hager moved to table the ordinance to January 5, 1988 and Commissioner Bateman seconded. Commissioner Hager, Commissioner Bateman, and Mayor Ison all voted "yes" on the roll call vote to table the ordinance until January 5, 1988. - Ordinence 1012, Adopting Millege Rete 1987/88 Mayor Ison opened the Public Hearing and City Manager read the ordinance by title only. City Manager Ryan Ryan 6 e Peg. 7 Ci~y COMMi..ion H..~in9 S.p~.Mb.r lS, 1987 e explained that, if adopted, the millage rate would remain at 2.9. Mr. Ryan said that because the rate was advertised in the newspaper, the only option other than to keep the rate at 2.9, was to lower it. A workshop was held on the millage and budget on September 10, 1987. Mayor leon explained that the millage rate would have little a%%ect on the total amount 0% taxes that each citizen must pay. Mrs. Massa had a question on the 114 percent increase that she read about in the newspaper. City Manager Ryan explained that that figure was the amount of increase in total revenues that would come %rom additional taxes collected on newly developed property such as the Forest Oaks subdivision and the Walmart shopping plaza and that it did not represent an increase in the millage rate. Debbie Sweat, 484 Noelwood, said that she was also in attendance because she read of an increase 0% 114 percent. City Manager Ryan reinforced the fact that the money collected from the tax had increased, but the millage rate had stayed the same, or lessened. He said this was possible because there were more businesses and more citizens to collect %rom. The discussion 0% lowering the millage rate was possible because of the increase in population and businesses. Commissioner Hager said he was in favor of lowering the rate to 2.8 as a show of good faith that the City continue to lower the rate each year as long as it was within monetary limits the City could handle. City Manager Ryan asked to speak on behalf 0% Commissioner Johnson who was absent. Mr. Ryan indicated that Commissioner Johnson was concerned about dropping the rate because the savings to each taxpayer would be so nominal, yet by keeping the same rate, the City would increase its revenue by an average oE S25,000 a year over the next Eive years, which would pay %or the proposed bus service. Commissioner Bateman said he considered both Commissioner Hager's and Commissioner Johnson's comments and although he realized that the millage tax was not the basis of tax collection for the City, he still recoMmended dropping the rate and wished it could be dropped even more -- to 2.5 or 2.0. Commissioner Hager moved to drop the rate to 2.8 and Commissioner Bateman seconded. Mayor lson said that dropping the rate was a good marketing move %or the City to attract future residents. A roll call was taken and Commissioner Hager, Commissioner Bateman, and Mayor lson all voted "yes" to approve Ord. #1012 adopting a new millage rate 0% 2.8 %or 1987/88. The motion carried unanimously. e Ordinenc. 1013, Adop~ing 8ud9.~ 1987/88 Mayor Ison opened the Public Hearing and City Manager read the ordinance by title only. City Manager explained that by dropping the millage rate, there would reduction in the Contingency Account 0% S16,207.00 and Ryan Ryan be a the 7 - Pege 8 C1~y COMM1..1on Hee~ing Sep~eMber 1~, 1987 total budget would now be S5,853,473.00. R.P. Mohnacky, 1820 Prairie Lake Blvd., questioned the process of buying back unused sick leave time from employees. He also asked about the procedure for issuing replacement vehicles. City Manager Ryan explained that they are replaced on a condition basis. Mr. Mohnacky also said that he questioned the need for additional police officers and wondered how the City arrived at what it thought was the appropriate number of officers. City Manager Ryan explained that it was a complicated formula based on several different factors including costs and time. Mr. Mohnacky also questioned if the City had excess funds set aside for future expenditures. Mayor lson said that the City's auditors had pointed out one weak point in the budget and that was that the City did not have a capital fund. Mr. Mohnacky also said he thought the City could get enough volunteers to man the Fire Department. The Mayor said that would be impossible and that a large enough volunteer force Just did not exist. - There were no other citizen comments and Mayor lson opened the hearing up to Staff comments. City Manager Ryan said the Staff would gather information on other Cities in the Tri- County area to compare compensation of employees in different departments. Rather than an across the board 5 percent increase in salary for all employees, the 5 percent that had been set aside for each position had been lumped together and could be used to adJust eny difficiencies that might be found. Mr. Ryan said that way it avoided the misconception of employees that an autometic increase had been built into the budget. Mr. Ryan also sU9gested that any increases made as an outcome of the study, be ewarded retroactive as of October 1, 1987 and that these raises be at the sole discression of the City Manager. Commissioner Bateman said he would rather leave the budget as is and that he felt the Police and Fire Departments needed the increases. Commissioner Hager also wanted to make sure that the Police and Fire Departments received the necessary salary compensation. Mayor lson and City Meneger Ryan also said that the General Government Services fund held a reserve of S25,000 for the proposed bus service. Commissioner Hager moved to approve Ord. #1013 and adopt the budget with modifications as stated and Commissioner Bateman seconded. Commissioner Bateman, Commissioner Hager, and Mayor lson all voted "yes" in the roll call vote. The motion carried unanimously. -- 8 e Peg. 9 Ci~y COMMi..ion M..~ing S.p~.Mb.r 1~, 1987 COMMENTS FROM CITIZENS/PUBLIC Mayor lson pointed out that Lynette Carter, the new District Manager for Florida Power Corp., was in the audience. Ms. Carter introduced herself and said she was replacing Mervin Lee as District Manager and that she would do everything in her power to see that the company maintained the same level of service for the City that they have established over the years. She said she hoped that Florida Power and Ocoee could continue the same good relationship that they enJoyed when Mr. Lee was the District Manager. HEW BUSINESS The two appointments to the Code Enforcement Board were tabled until the next meeting. REPORTS AND INFORMATION - CITY MANAGER - Follow-up Ag.nde The Follow-up Agenda was provided for their information and City Manager Ryan asked if there were any questions or comments. Commissioner Bateman referred to Item 11 and asked if it was legally possible to change the length 0% terms for the Mayor and Commissioners. Attorney Barnby explained that a Charter Amendment was needed and that there would not be enough time to advertise and go through the necessary procedure in time for the upcoming election. She said the only way to change it legally would be by referendum. Since there may be other needed changes to the Charter, a Charter Revision Committee would be appointed January 1988. Oi.cu..ion on IMpect F... The State Legislature was supposed to deal with impact fees but did not do so; therefore, the City needed to readdress the issue. County Commissioner Vera Carter suggested that .Ocoee have a similar arrangement as Orange County had with Windermere and use the Joint Planning Area ~or the transportation impact fees. City Manager Ryan explained that impact fees would be assessed on any new growth coming into the City when a building permit was issued. Mr. Ryan said this was a popular method of having growth pay for itself. He said the money collected would be used on growth proJects only -- such as the paving of Bowness Road. e Mayor lson said a school impact fee could School Board build more schools. The City discuss it with the School Board Attorney. also help Attorney the will 9 e Peg- 10 C~~y COMM~..~on Mee~in9 Sep~.Mber lS, 1987 CITY ATTORNEY No other comments. COMMENTS FROM COMMISSIONERS Commissioner Hager announced his re-election bid and thanked everyone who had given him support over the years. Commissioner Bateman and Mayor Ison had no other comments. The meeting adJourned at 10:30 p.m. ----~tih---- MAYOR ATTEST: - CITY CLERK e 10