HomeMy WebLinkAboutItem #01 Approval of Minutes for the Tentative Budge Hearing Held September 11, 2013, Final Budge Hearing Held September 26, 2013, and Regular Commission Meeting Held October 15, 2013OCOEE CITY COMMISSION
TENTATIVE BUDGET PUBLIC HEARING
Ocoee Commission Chambers
September 11, 2013 MINUTES 6:00 P.M.
I. CALL TO ORDER - Mayor Vandergrift
A. Roll Call and Determination of Quorum
Mayor Vandergrift called the Tentative Budget Public Hearing to order at 6:00 p.m. in the
Commission Chambers of City Hall. Commissioner Keller gave the invocation and special
acknowledgment of the 9 -11 anniversary, followed by the Pledge of Allegiance to the Flag, led
by Commissioner Johnson. City Clerk Eikenberry called roll and declared a quorum present.
Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson, and Commissioner Keller.
Also Present: City Attorney Cookson, City Manager Frank, City Clerk Eikenberry,
Finance Director Horton, Finance Manager Brosonski, Chief Accountant Briggs
B. Mayor's Announcement
This is 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, by majority vote, has previously set a proposed
millage rate at 5.9037 mills. Due to a decline in property values the rolled back rate of 5.9037 is
higher than the current year millage rate of 5.8460 This proposed millage rate for FY 2013/14
represents a 0% increase [no increase]over the rolled back rate.
II. PUBLIC HEARING
A. Briefing by City Attorney to discuss the maximum millage rate which may be levied and the
rates required to exceed such millage.
The preliminary millage rate set by the City Commission and contained in the TRIM Notices is
5.9037 mills. The maximum millage rate which may be levied by the City by regular majority
vote for the 2013 -2014 fiscal year is 7.8291 mills, such maximum millage rate having been
determined pursuant to Section 200.185(3)(a), Florida Statutes. The establishment of a millage
rate between 7.8292 mills and 8.6120 mills requires a lino- thirds vote (super majority) of the
membership of the City Commission (or 4 voles). The establishment of a millage rate between
8.6121 mills and 10.000 mills requires a unanimous vote of the City Commission. Additionally,
any millage rate adopted above the preliminary millage rate of 5.9037 would require notice by
first class mail to each taxpayer. The tentative millage rate adopted at this hearing will become
the maximum millage rate which may be adopted by the City Commission at the public hearing
on the final millage rate. A unanimous vote or a two- thirds vote may be required to adopt the
tentative millage rate as the final millage rate. At the final public hearing, the City Commission
may adopt a millage rate which is less than the tentative millage rate.
Ocoee City Commission Regular Meeting
September 11, 2013
B. Briefing by Finance Director: review of additions /deletions to the budget since August 1,
2013 distribution, the percentage increase in millage over the rolled -back rate necessary to
fund the budget and the specific purpose for which ad valorem tax revenues are being
increased.
Finance Director Horton advised the proposed operating budgets for the city of Ocoee for FY
2014 total $56,663,190. The proposed General Fund budget is now $35,348,910. Ad
valorem taxes are being assessed to provide funding for the operational expenses, capital items
and salaries necessary to provide municipal services to the citizens and businesses of Ocoee.
The City Manager presented the commission with a budget balanced at 5.8460 mils which is less
than the rolled back rate. That budget has been changed to reflect actions taken during the
budget workshops and the special meeting held to discuss fire protection fees. The three changes
are:
• Reduced revenues and expenditures by $25,000 in the general fund budget for a grant that
was to help fund a downtown master plan. We have been advised we will not receive the
grant.
• Increased general fund contingency $26,000 for correction of the prices for (4) radios in the
police department
• Increased general fund contingency by $632,180 to reflect revenues available at the 5.8460
millage after applying revenues to be generated from the fire protection fees to the fire
department budget.
The General fund contingency is now $708,180.
The commission adopted a proposed tentative millage rate for FY2014 of 5.9037. This is the
rolled -back millage rate. The rolled back rate will generate an additional 592,585 in revenue.
Adoption of either of these rates requires a majority vote by the commission.
Items that were discussed but no action taken or consensus reached during the workshops are
itemized on the Wishlist for you to further consider.
1. Comments by Citizens.
Betty Haas, 3326 Johio Shores Road, said that felt Commissioner Johnson mislead residents and
had them believing that the Founder's Day event does not use any taxpayer money and that is not
correct. She had listened to the audio recording; she summarized a question raised by a resident
and read what she stated was a verbatim wording of Commissioner Johnson's response. She
stated that she felt he was misleading and wrong. She stated that the budget shows a $75,000 line
item budgeted for Founders' Day. She read the figures for the last three years of what the
entertainment cost and how much was raised by sponsors or fundraisers.
2. Comments by Commissioners.
Commissioner Johnson said that what he stated that evening was referring to the money raised
for the musicians. He read the same numbers that showed that the money raised for the last three
years covered the costs of the entertainment, with the exception of the first year that was $4000
short. He noted that she was requesting a hardship for her renters from the fire fee, even though
her total for all seven Ocoee properties owned by her would be $210.00. He questioned if she
lowered their rent due to their hardship. He advised that she is not a resident of the city; he is a
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Ocoee City Commission Regular Meeting
September 11, 2013
resident who loves the city and works hard for the city and does not appreciate her comments that
he is not a straight talker.
Commissioner Wilsen and Commissioner Keller spoke in favor of Founders' Day; they agreed
that it is the most popular event in the city and residents look forward to it every year.
Commissioner Keller also mentioned that residents were very upset when the city tried to save
money by eliminating Christmas Lights. Ms. Haas suggested that items that are expenditures of
the City in long range planning should be posted on the city's website or reviewed at a public
meeting so they understand where the money is going. Commissioner Wilsen said that is a good
suggestion because the residents don't generally see all of the paperwork that the commission
gets. Commissioner Grogan said they will be having a strategic planning meeting for long range
planning. He added that he appreciates the public input that reminds them they need to be more
open with that information.
James Kelly, resident and 22 year employee, said that Founders' Day is a great event that
everyone looks forward to. He said his Union makes money on the Founders' Day event and
gives that money to Homes for Heroes to help build homes for wounded military men and
women. He said that the event has grown from a small event to the huge success it is today.
3. Motions by Commissioners for amendments to the proposed tentative budget.
Commissioner Grogan began to make a motion. City Attorney Cookson stated that motion
would be premature, what we are hearing right now is only motions to amend the tentative
budget.
Commissioner Keller stated he would like to make a motion to remove $654,914 from the
budget. Finance Director Horton corrected the figure and stated we only billed at 95 %, so the
amount is $632,180. He stated he would like to remove it from the budget to reduce the millage
rate; then we can pick other projects and add corresponding money back into the budget. He felt
this would show the citizens that we are not double billing them.
MOTION TO AMEND TENTATIVE BUDGET:
Commissioner Keller made a motion to remove $632,180 from the budget.
Commissioner Wilsen stated she would like to open that up for a discussion. She did not agree
with taking the money out and them putting it back in. There was discussion regarding how
various scenarios will affect the millage rate. Commissioner Grogan said he also does not agree
with doing it in that way.
Mayor Vandergrift mentioned we need to have someone look for grants. He advised Deltona
got a grant for $10,000 for an emergency radio station; he would like to do something similar. He
advised this would give us communication with our own residents during an emergency. He also
stated he would like to set up a program to add rocking chairs to the lake front side of city hall.
Discussion ensued regarding that issue already being voted on. Mayor Vandergrift also
mentioned a skateboard park, and there was a brief discussion on that. He confirmed that we had
funding in the budget for Christmas lights.
Motion made by Commissioner Keller died for lack of second
Commissioner Grogan said he thinks everyone on the commission will agree to the revenue
items on the Wish List: Item 41 Additional Red Light Camera's (3 new cameras plus staffing)
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Ocoee City Commission Regular Meeting
September 11, 2013
$67,000 revenue, and Item #19 Increase Plan Review Feeds $30,000 revenue. He added that the
only expense item he feels is a necessity on the wish list is Item #14 SR 50 (FDOT) project —
upgrade traffic signals; $447,850 cost. Engineer Wheeler stated this is the difference between
strain poles and mast arms (6 signals). Mayor Vandergrift confirmed that the money for the
sewer changes will come out of the utility fund.
Commissioner Wilsen calculated that these three items would result in reducing the millage rate
by $184,330 which will be below the roll back. We want to reduce the millage rate somewhat to
help level out the cost of the fire fee. Commissioner Keller said it will actually be further below
the roll back if you consider the two revenue items that Commissioner Grogan wants to add in.
That would add an additional $97,000 in revenue for a total of $281,330 dollars below the roll
back rate. Mayor Vandergrift asked about the sprinklers, lighting, and landscaping in the
medians to which Mr. Wheeler explained that FDOT has a grant program where they give up to
1.5% of the construction cost for landscaping after the project is done. He stated the sleeve
section under the road can be put in during the construction. He added that streetlights are
currently proposed as part of the project along the side of the road.
There was discussion regarding where we are with the millage rate vs. roll back rate.
MOTION TO AMEND TENTATIVE BUDGET:
Commissioner Grogan, seconded by Commissioner Keller moved to amend the
tentative budget of the City of Ocoee distributed along with the budget message
of the City Manager dated August 1, 2013, along with the changes proposed in the
Budget Workshops, to include the additional revenue of $67,000 from the
installation of 3 additional red light cameras. Motion carried 5 -0.
MOTION TO AMEND TENTATIVE BUDGET:
Commissioner Grogan, seconded by Commissioner Wilsen moved to amend the
tentative budget of the City of Ocoee distributed along with the budget message
of the City Manager dated August 1, 2013, along with the changes proposed in the
Budget Workshops, to include the additional revenue of $30,000 for increasing
Plan Review Fees. Motion carried 5 -0.
MOTION TO AMEND TENTATIVE BUDGET:
Commissioner Grogan, seconded by Commissioner Wilsen moved to amend the
tentative budget of the City of Ocoee distributed along with the budget message
of the City Manager dated August 1, 2013, along with the changes proposed in the
Budget Workshops, by funding the State Road 50 (FDOT) project upgrade to the
six traffic signals (mast arms) at a cost of $447,800, by moving money currently in
the contingency fund. Motion carried 5 -0.
MOTION TO AMEND TENTATIVE BUDGET:
Commissioner Grogan, seconded by Commissioner Wilsen moved to amend the
tentative budget of the City of Ocoee distributed along with the budget message
of the City Manager dated August 1, 2013, along with the changes proposed in the
Budget Workshops, by funding the State Road 50 (FDOT) project upgrade for the
six traffic signals (mast arms) at a cost of $447,800, by moving money currently in
the contingency fund. Motion carried 5 -0.
Page 4 of 8
Ocoee City Commission Regular Meeting
September 11, 2013
MOTION TO AMEND TENTATIVE BUDGET:
Commissioner Keller, seconded by Commissioner Johnson moved to amend the
tentative budget of the City of Ocoee distributed along with the budget message
of the City Manager dated August 1, 2013, along with the changes proposed in the
Budget Workshops, by funding the Cemetery Improvement Project - installation
of ornamental fence with brick columns along the front, at a cost of $50,000, by
moving money currently in the contingency fund. Motion carried 5 -0.
There was discussion with regard to salary increase for the General Fund Employees for the full
year vs. mid -year. Finance Manager Brosonski explained that 2% mid -year increase is already
in the proposed budget; in order to budget for the full year salary increase it would cost another
$109,200. There was discussion regarding how that would impact the contingency fund and the
millage rate.
MOTION TO AMEND TENTATIVE BUDGET:
Commissioner Johnson, seconded by
Commissioner Grogan moved to
amend
the tentative budget
of the City of
Ocoee distributed along with the
budget
message of the City
Manager dated
August 1, 2013, along with the changes
proposed in the Budget
Workshops, by
funding the salary increase to the
general
employees at 2% on
October 1, 2013 instead of as proposed on April 1,
2014.
Motion carried 5 -0.
Finance Manager Brosonski noted that the millage rate at this time would be 5.7855 with the
changes mad thus far. City Manager Frank added that would be including the State Road 50
improvements and the full -year salary increase for general employees. This is well below the roll
back rate of 5.9037.
Mayor Vandergrift added that he would like to add to the previous motion that anyone making
over $80,000 would not get the salary increase, but receive the 2% as a one -time bonus. Other
members of the commission responded negatively. He added that he would like to see
employees making over $80,000 being more involved in the community; and he thinks that they
should consider reducing salaries by 10% and giving them an incentive to earn it back if they are
involved in the community. Commissioner Keller, Commissioner Wilsen, and Commissioner
Grogan expressed disagreement.
BREAK: 7:19 — 7:28 p.m.
Mayor Vandergrift said he would like staff to take a look at our vehicle purchases, to reduce the
amount of vehicles we are buying and concentrate on purchasing hybrids or electric vehicles
where appropriate. Public Works Director Krug said we have 5 hybrids now, they are getting
about 1.5 times the mileage as a regular vehicle.
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Ocoee City Commission Regular Meeting
September 11, 2013
MOTION TO AMEND TENTATIVE BUDGET:
Mayor Vandergrift moved to amend the tentative budget of the City of Ocoee
distributed along with the budget message of the City Manager dated August 1,
2013, along with the changes proposed in the Budget Workshops, to have staff
revise the vehicle purchase policy to include fewer vehicles and the purchase of
hybrids or electric vehicles. Motion died for lack of second.
Discussion ensued regarding the amount of time it takes to recoup the money from the higher
cost of hybrid vehicles. Mr. Krug noted that it is approximately 10 years. Mayor Vandergrift
added that the fuel and maintenance is lower on hybrids.
Mayor Vandergrift asked if there were any other amendments to the budgets.
He asked the Finance Department to advise the recomputed millage rate.
Commissioner Keller asked if they were going to set the millage rate higher, as they have in the
past at the tentative budget hearing, by placing excess money in the contingency fund and leaving
wiggle room in the budget in case they decide to add something at the final budget hearing. Once
adopted tonight, the final millage rate can be reduced at the next meeting, but cannot be
increased. Commissioners Wilsen and Johnson said it is their intention to go lower on the
millage rate as they advised at the fire assessment hearing, and not go higher.
Mayor Vandergrift inquired as to whether or not we could hold off budgeting for the State
Road 50 project, instead of placing the entire $447,850 into this year's budget. City Manager
Frank and Engineer Wheeler explained that the costs are lower than they would otherwise be
because we are piggybacking with FDOT on the project costs, and they will probably want the
whole amount up front. FDOT's fiscal year runs from July — June each year.
There was discussion regarding how much was left in the contingency fund. Pam said there is an
additional $51,130 (.0319 millage) in the contingency fund over the original $50,000. If that were
taken out it would bring the millage rate to 5.7537.
Commissioner Wilsen stated there may be other areas of the budget that we can reduce and
everyone should take a look at their budget and see if they can come up with anything. She
suggested that they consider not giving out grant money this year. Commissioner Johnson said
we can consider not doing the fence project at the cemetery and worry more about maintaining
the grounds inside. Commissioner Grogan said he does not want to leave extra money in the
contingency fund tonight; he would like to adopt the tentative budget where they are after the
amendments and then lower it further at the final budget hearing.
NOTE: RECESS (if needed) to recompute the proposed millage rate and rolled -back percentage
increase.
C. Announcement by Finance Director of the recomputed proposed millage rate and the percent
by which the recomputed proposed millage rate exceeds the rolled -back rate. This percentage
is the proposed tentative percentage increase in property taxes. Announcement regarding the
vote required to adopt this millage rate (Regular Majority, Super Majority, or Unanimous).
Finance Manager Brosonski announced that the millage rate after the amendments made
tonight is 5.7855. This around does not exceed the rolled -back rate.
1. Read title of Ordinance regarding millage rate.
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Ocoee City Commission Regular Meeting
September 11, 2013
City Attorney Cookson read the title of the ordinance.
He stated that this millage rate will require a simple majority vote.
2. Motion to adopt the tentative millage rate.
a. Comments by Citizens- None
b. Comments by Commissioners- None
c. Vote on motion to adopt the tentative millage rate.
Commissioner Grogan, seconded by Commissioner Keller, moved that the City
Commission adopt a tentative millage rate of 5.7855 mills for the fiscal year
beginning October 1, 2013, and ending September 30, 2014. Motion carried 5 -0.
3. Read title to Ordinance regarding budget.
City Attorney Cookson read the title of the ordinance.
4. Motion to adopt the tentative budget.
a. Comments by Citizens.- none
b. Comments by Commissioners. - none
c. Vote on motion to adopt the tentative budget.
Commissioner Keller, seconded by Commissioner Grogan moved to adopt the
tentative budget of the City of Ocoee distributed along with the budget message
of the City Manager dated August 1, 2013, along with the changes resulting from
the Budget Workshops, and as amended at the Tentative Budget Public Hearing
tonight, such tentative budget being for the fiscal year beginning October 1, 2013
and ending September 30. 2014. Motion carried 5 -0.
D. Motion to schedule the public hearing on September 26, 2013, at 6:00 p.m. in the
Commission Chambers to adopt the final millage rate and budget.
Mayor Vandergrift, seconded by Commissioner Keller, moved that a public
hearing to consider the final millage rate and final budget be scheduled for
September 26, 2013, at 6:00 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 the provisions of Section 200.065,
Florida Statutes, and Section C -37 of Article VI of the Ocoee City Charter, that the
appropriate Ordinances necessary to adopt the final millage rate and final budget
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Ocoee City Commission Regular Meeting
September 11, 2013
be prepared by the City staff, and that all other action necessary to comply with
the requirements of Section 200.065, Florida Statutes, be undertaken.
E. Announcement by Mayor Vandergrift of end of hearing and date for final millage and
final budget hearing.
Mayor Vandergrift announced the end of hearing and date of final budget and final millage rate
hearing will be held on September 26, 2013, at 6:00 p.m., at Ocoee City Hall.
III. ADJOURNMENT
The meeting was adjourned at 7:52 p.m.
Attest:
APPROVED:
City of Ocoee
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
Page 8 of 8
CITY OF OCOEE
FINAL BUDGET PUBLIC HEARING
Ocoee Commission Chambers
September 26, 2013 MINUTES 6:00 P.M.
I. CALL TO ORDER - Mayor Pro Tem Keller
A. Roll Call and Determination of Quorum
Mayor Pro Tem Keller called the Final Budget Public Hearing to order at 6:00 p.m. in the
Commission Chambers of City Hall. Acting City Clerk Sibbitt called roll and declared a quorum
present.
Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift (absent),
Commissioner Johnson and Commissioner Keller.
Also Present: City Attorney Cookson, City Manager Frank, and Acting City Clerk Sibbitt, Finance
Director Horton, Finance Manager Brosonski, Chief Accountant Briggs
B. Announ cement by Mayor Pro Tem
This is 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 5.7855 mills
which is less than the rolled -back rate of 5.9037 mills and thus represents no (00 %) increase in
millage over the rolled -back rate. The adopted tentative millage rate is the maximum millage rate
which may be adopted by the City Commission at the Final Budget Public Hearing tonight.
II. PUBLIC HEARING
C. 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.
Finance Director Horton advised that the proposed operating budgets for the city of Ocoee for FY
2014 total $56,921,920. The proposed general fund budget is now $35,607,640. Ad valorem taxes
are being assessed to provide funding for the operational expenses, capital items and salaries
necessary to provide municipal services to the citizens and businesses of Ocoee.
The following changes were made to the proposed budget during the tentative hearing:
• Increased revenues and expenditures to add three new red light cameras and an additional
staff person with a net impact of $67,000 in additional revenue
• Increased Plan Review Fee revenue by $30,000
• Funded the following items by reducing contingency:
o SR 50 project to upgrade traffic signals for $447,850
0 2% salary increase for non -union employees effective 10/1/13 for $109,200
0 Cemetery improvements for $50,000
Ocoee City Commission Final Budget Hearing
September 26, 2013
The commission adopted a tentative millage rate for FY2014 of 5.7855 during the tentative budget
hearing. This millage rate is less than the rolled back rate of 5.9037 representing no increase in
millage over the rolled -back rate.
Final Adoption of the 5.7855 millage rate requires a majority vote by the commission. Mayor Pro
Tem Keller announced that this is a public hearing and residents may speak at any time during this
proceeding; he asked them to please fill out a speaker form if they wish to speak.
The public hearing was opened.
1. Motion to adopt Ordinance No. 2013 -017, Setting Final Millage Rate
a. Comments by Citizens - None
b. Comments by Commissioners.
Mayor Pro Tem Keller inquired if there were any amendments that needed to be discussed. He
further asked Commissioner Wilsen if she was planning to reduce the millage rate since she had
mentioned it at the last tentative hearing. Commissioner Wilsen said she would like to see it lower,
but could not find anything that would make a significant decrease in the millage rate. She further
stated that she feels the commission did the best that they could do.
Commissioner Grogan said he also feels the same as Commissioner Wilsen in that they are not
able to go any lower. He further said he definitely does not want to add anything else to the budget.
Commissioner Johnson said he also does not want to add anything to the budget. He shared that
staff has done a great job in presenting the budget.
Mayor Pro Tem Keller thanked staff for the great job they did with the budget. He said this is the
fourth year they have reduced the millage rate under the rolled -back rate.
Commissioner Wilsen briefly shared that one day she would like to see Maine Street connected to
Blackwood Avenue. Commissioner Johnson said that this matter can probably be addressed later
in the year.
Commissioner Grogan said he feels the commission and residents have learned a lot with the fire
assessment. The residents strongly voiced that there was miscommunication, so he is hoping that in
this coming year's budget they will have a strategic plan so that everyone will know where specific
funds are going. He encouraged residents to please go to their commissioner and ask questions
because they are more than happy to sit down and explain what they know.
c. Motions by Commissioners to approve the Ordinance adopting the final millage rate.
Commissioner Grogan, seconded by Commissioner Johnson, moved to approve
Ordinance No. 2013 -017 setting a final millage rate of 5.7855 mills for Fiscal Year
9n1
City Attorney Cookson read the title of the final millage rate ordinance.
Page 2 of 4
Ocoee City Commission Final Budget Hearing
September 26, 2013
The Ordinance as adopted on final reading carries the following title:
ORDINANCE NO. 2013 -017
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING A
MILLAGE RATE FOR AD VALOREM TAXES FOR THE CITY OF OCOEE FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER
30, 2014; PROVIDING FOR MILLAGE ADJUSTMENT; PROVIDING FOR
COLLECTION OF TAXES; PROVIDING FOR NO INCREASE IN MILLAGE RATE
OVER THE ROLLED -BACK RATE; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
City Attorney Cookson publicly announced the following:
(1) The name of the taxing authority is the City of Ocoee.
(2) The rolled -back millage rate is 5.9037 mills.
(3) The percentage by which the proposed millage rate exceeds the rolled -back rate is
0%
(4) The millage rate proposed by this ordinance is 5.7885 mills.
Roll call vote was taken and motion carried 4 -0 with Mayor Vandergrift absent.
Mayor Pro Tem Keller briefly mentioned that Mayor Vandergrift is absent today due to being
hospitalized. He was released today, but was feeling a little under the weather. Well wishes are
being sent his way.
2. Motion to adopt Ordinance No. 2013 -018, Adopting the Final Budget
a. Comments by Citizens - None
b. Comments by Commissioners — None
c. Motion by Commissioners to approve Ordinance adopting the final budget.
Commissioner Wilsen, seconded by Commissioner Grogan, moved to adopt the
final budget for the Fiscal Year beginning October 1, 2013, and ending September
30, 2014.
City Attorney Cookson read the title of the final budget ordinance.
The Ordinance as adopted on final reading carries the following title:
ORDINANCE NO. 2013 -018
AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA,
ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER
1, 2013, AND ENDING SEPTEMBER 30, 2014; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
Roll call vote was taken and motion carried 4 -0 with Mayor Vandergrift absent.
Page 3 of 4
Ocoee City Commission Final Budget Hearing
September 26, 2013
d. Announcement by Mayor Pro Tem of end of budget public hearing.
Mayor Pro Tem Keller announced the end of the public hearing.
III. ADJOURNMENT
The meeting adjourned at 6:15 p.m.
APPROVED:
Attest:
Melanie Sibbitt, Acting City Clerk
City of Ocoee
S. Scott Vandergrift, Mayor
Page 4 of 4
MINUTES
October 15, 2013, at7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission
Chambers of City Hall. Bishop Paul Waters gave the invocation, followed by the Pledge of
Allegiance to the Flag, led by Commissioner Keller. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson, and Commissioner Keller.
Also Present: City Attorney Cookson, City Manager Frank, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
Proclamation — Red Ribbon Week — October 23 -31, 2013
Mayor Vandergrift proclaimed October 23 -31, 2013, as Red Ribbon Week.
Proclamation — Week of the Family — November 2 -9, 2013
Mayor Vandergrift proclaimed November 2 -9, 2013, as Week of the Family.
C. COMMENTS FROM CITIZENS /PUBLIC - Non
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced:
1) Item #5, Barkeritaville Annexation Ordinance, Rezoning to PUD /Land Use Plan Ordinance,
and Small Scale Comprehensive Plan Amendment — The applicant has asked to continue this
item until the November 5, 2013, Commission Meeting.
2) Item 97, Approval of Resolution Allowing the Capital Trust Agency to Utilize the City's Tax
Equity and Fiscal Responsibility Act (TEFRA) hearing which was held June 18, 2013, for
Use in Securing Conduit Financing for All Sports Memory Care through Capital Trust
instead of the City — This item has been presented to the Commission on the dais as Item #6;
however, the actual Item number is 7, and the cover sheet has been updated to reflect this
change.
3) there are two emergency items:
Emergency Item #1 — Appointment of Alternate Hearing Officer for Red Light Camera
Violations Hearings.
City Attorney Cookson announced that the City would like to appoint an alternate hearing
officer for Red Light Running cases as the City's hearing officer, Fred Wilsen has taken ill.
He distributed the resume of Andrew J. Hand, attorney with Shepard, Smith & Cassady, PA,
and said that he is willing to contract for the same fee as offered to Fred Wilsen. The City
asks the Commission to appoint Andrew J. Hand as the alternate hearing officer for Red
Light Running cases and execute the alternate hearing officer service agreement presented on
Regular City Commission
October 15, 2013
the dais. Commissioner Johnson recommended the service agreement for the alternate
hearing officer have a term expiration of 90 days.
Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve
the appointment of Andrew J. Hand as alternate hearing officer for Red Light
Running cases, with a service agreement term expiration of 90 days. Motion
r_arripd 5 -n_
Emergency Item #2 — Approval of Change Order No. 2 in the amount of $30, 672.33 for
Bid No. B13-03, which was awarded to C &D Construction, Inc. (Community Center
Project) by the City Commission in February 2013.
City Manager Frank announced that Change Order No.l for the Community Center Project
is on the consent agenda. Support Services Director Butler explained the initial change
order did not explicitly include the authority for the city manager to approve change orders up
to the limit of his purchasing agreement. Change Order No. 1 on the consent agenda approves
project changes in the amount of $4,947.24, and grants the city manager the authority to
approve change orders up to $25,000. Change Order No. 2 (Emergency Item) includes
lighting for exterior spaces, an air fan for the kitchen exhaust fan, and to replace the original
small brick building identification sign and post- mounted clock with a 22 -foot clock tower.
These project changes amount to $30, 672.33; therefore, requires commission approval.
Discussion ensued regarding the project's furnishings, external lighting, and paint colors.
Commissioner Johnson stated that upcoming improvements to the front of the Withers
Maguire house include putting pavers instead of the sidewalk and taking out the existing
hedges. He continued by saying the changes amount to approximately $3,500. Commissioner
Johnson asked that the fire symbol be removed from the front door and moved elsewhere as it
is not very appealing in wedding photos. Board discussion ensued regarding rental options
and marketing for the Community Center; the anticipated opening date of the center is
November 21, 2013.
Commissioner Johnson, seconded by Commissioner Grogan, moved to
approve Change Order No. 2 in the amount of $30,672.33 for Bid No. B13 -03,
which was awarded to C &D Construction, Inc. by the City Commission in
February 2013 for the Community Center project. Motion carried 5 -0.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve
$3,500 from contingency for discussed improvements to the Withers Maguire
House, and authorizing staff to move forward with the change order. Motion
carried 5 -0.
Support Services Director Butler informed the commission that the projected completion
date for the some of the exterior improvements to the Withers Maguire House is November 1,
2013.
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Regular City Commission
October 15, 2013
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller announced the City of Ocoee's Parks and Recreation Department will
hold its 6th annual Haunted House starting October 19th. The house is located at 951 Ocoee -
Apopka Road. This year's hours are Saturday October 19th from 7pm -11p, Thursday October
24th from 7 -10 PM and Friday & Saturday October 25th & 26th from 7 -11 PM. There will be a
hay ride, games and refreshments in addition to the Haunted House. The "Haunted Walk" is back
this year as well. Admission is $3.00 each for the house and for the walk. We encourage
everyone to bring non - perishable food items for the West Orange Christian Service Center.
Commissioner Johnson — announced: 1) the City of Ocoee's 20th Annual Founders Day
Festival will be held Friday, November 8th and Saturday, November 9th. This year's
entertainment will feature Montgomery Gentry, Good Luck Penny and Spayed Koolie on Friday,
and Andy Griggs, Daryle Singletary, Mark Wills, Jerrod Neimann, and Travis Tritt on Saturday.
There will be Carnival Rides, Food Vendors, a "Chick -fil -A" 5K Race, Poker Run, Fireworks,
Marketplace Arts n' Crafts, Fishing Tournament, Classic Car Show and much more. 2) the Parks
and Recreation Department will be hosting its monthly Food Truck Friday event on Friday,
October 18th , from 6:00 to 9:00 pm. on Lakeshore Drive, in Bill Breeze Park. Food trucks will
be offering gourmet food and delectable treats, and the movie "Paranorman" will be shown
during the event; the movie will start at 7:30 p.m., so come out and enjoy a dinner and a movie in
the park.
Commissioner Wilsen — None
Commissioner Grogan — announced: 1) the Ocoee Police Department, in conjunction with the
City of Ocoee Founders' Day Festival Committee, will host the 12"' Annual Founders' Day
Festival Charity Poker Run. This event will feature motorcycles, classic cars and hot rods',
driving to five locations to collect playing cards. The participant with the best poker hand at the
end of visiting the five locations wins. The proceeds from this event will benefit the City of
Ocoee Police Department's Holiday Toys for Kids in Need program. The event will kick off on
Saturday November 02, 2013. Registration will start at 9:30 A.M. at the Sandwich Shop located
at 1113 S. Clarke Road Ocoee, FL. 34761. The ride will conclude at "The Bar ", located at 1107
S. Clarke Road Ocoee, FL 34761. The cost will be $10 a participant and $5 dollars for each
additional hand. The first 100 participants will receive an event t- shirt. To register, make a
donation or to find out more about this event, contact Sgt. Scott Nylander of the Ocoee Police
Department at 407 - 905 -3160 ext. 3315 or at snylandernci.ocoee.fl.us 2) the Founders' Day
Golf Tournament will be held on Friday, November 1, 2013, at the Forest Lake Golf Course.
Registration begins at 11:30 a.m., and play commences with a shotgun start around 12:30 p.m.
Dinner, prizes and give -aways will follow the event. There is a $75 entry fee per person. For
more information about this event, contact David Wheeler at 407 - 905 -3100 ext. 1504.
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Regular City Commission
October 15, 2013
F. CONSENT AGENDA
Commissioner Keller, seconded by Commissioner Johnson, moved to approve
the Consent Agenda Items #1 through #4. Motion carried 5 -01
1. Approval of Minutes for the Regular Commission Meeting Held October 1, 2013. (City
Clerk Eikenberry)
Approved on Consent. Motion Carried 5 -0.
2. Award of Bid #1113 -09 S. Lakewood Ave. & E. Geneva St. Water Main Project to Hazen
Construction LLC for $149,565.00. (Purchasing Agent Tolbert)
In conformance with the policies and procedures of the City of Ocoee (City), bids were solicited from qualified
contractors to furnish, deliver, and install all materials, equipment, incidentals, and services, including all labor,
for the work, which is generally described as the following: The Base Bid submitted will cover the work to
install 1,466 feet of 6" and 8" water lines including restoration, hydrants, valves, fittings, and appurtenances.
The bid was publicly advertised on August 4, 2013, and opened on September 5, 2013. There were a total of
eight (8) bids submitted. The Public Works and Finance Departments reviewed all bids received and there were
two (2) bids considered non - responsive for either failing to submit the required bid security on the required City
form with City terms, or submitting an incomplete bid, as there were numerous missing required forms, and
submitting a bid bond in the incorrect amount. The remaining six (6) responsive bids ranged from $149,565.00
to $217,000.00. Staff recommends awarding the bid to Hazen Construction LLC for $149,565.00 as the most
responsive and responsible bidder, per recommendation from Charles Smith, Utilities Director.
Approved on Consent. Motion Carried 5 -0.
3. Approval of Lake Roberts Basin Study. (City Engineer Wheeler)
There is a portion of the Lake Roberts drainage basin that lies to the east of SR 429 within the St. Johns River
Water Management District and more importantly, the City of Ocoee. This sub -basin area contains portions of
the Wesmere and Brookestone subdivisions and the vacant land to the northeast of the intersection of Roberson
and Windermere Roads which where three development projects are being proposed. Those developments are
All Sports Memory Care, Barkaritaville, and Chateau Reserve. Acceptance of this study by the City
Commission will have a positive impact on the amount of developable land for these parcels.
Approved on Consent. Motion Carried 5 -0.
4. Community Center Replacement Project - Approval of Change Order No. 1 in the
amount of $4,947.24 for Bid No. B13 -03, which was awarded to C &D Construction, Inc.
(Cocoa, FL) by the City Commission in February 2013.
The City Commission awarded Bid No. B 13 -03 to C & D Construction, Inc., at a total price of $2,165,000.00
and modified the project budget to cover the construction contract plus a 5% contingency allowance, bringing
the total construction phase budget to $2,273,250. The currently available unencumbered funds are about
$55,000. The proposed changes will result in improvements to the originally design lighting for exterior and
interior spaces. The specific revisions are described in the change order.
The currently available budget remaining for this project is $55,334.82. After the change order is applied, the
remaining project funds will be $50,387.58.
Approved on Consent. Motion Carried 5 -0.
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Regular City Commission
October 15, 2013
G. SECOND READING OF ORDINANCES — PUBLIC HEARINGS
5. Barkeritaville (763 Windermere Road). (Advertised in the Orlando Sentinel on
Thursday, October 3, 2013). (City Planner Rumer)
The subject property is located on the east side of Tomyn Boulevard, approximately 1,230 feet north of the
intersection of Roberson Road and Windermere/ Tomyn Boulevard. The applicant has requested a City of
Ocoee zoning designation of PUD (Planned Unit Development) Commercial.
This item was continued to a time certain of November 5, 2013, as follows:
a. Annexation Ordinance
City Attorney Cookson read the title of the annexation ordinance. Mayor Vandergrift
opened the Public Hearing. This public hearing was continued to a time certain of
November 5, 2013, at 7:15 p.m. or as soon thereafter as can be heard.
b. Rezoning to PUD /Land Use Plan Ordinance
City Attorney Cookson read the title of the rezoning ordinance. Mayor Vandergrift
opened the Public Hearing. This public hearing was continued to a time certain of
November 5, 2013, at 7:15 p.m. or as soon thereafter as can be heard.
F c. Small Scale Comprehensive Plan Amendment
City Attorney Cookson read the title of the comp plan amendment ordinance. Mayor
Pro Tem Keller opened the Public Hearing. This public hearing was continued to a time
certain of November 5, 2013, at 7:15 p.m. or as soon thereafter as can be heard.
H. PUBLIC HEARINGS
6. Approval of Resolution for Water and Sewer Refunding Revenue Note, Series 2013.
(Advertised in the Orlando Sentinel on Monday, October 7, 2013). (Finance Director
Horton)
The City issued bonds in 2003 to refund a portion of the Water and Sewer Revenue Bonds, Series 1993, and to
acquire, construct and reconstruct improvements to the City's water and sewer system. The bonds currently
have an outstanding principal balance of $12,095,000 with interest rates varying from 3.62% to 5.125°/x. Staff
recommends we refund these bonds by issuing Water and Sewer System Refunding Revenue Note, Series 2013
to realize debt service savings.
SunTrust has committed to refund the bonds with a not to exceed amount of $12,500,000. They propose an
interest rate of 3.93% which will provide annual debt service savings of $76,000 to $81,000 for more than
$1,600,000 over the remaining life of the financing. The note will be a non -bank qualified tax exempt issue that
will mature on October 1, 2033.
City Attorney Cookson read the title of the resolution.
Mark Galvin, of First Southwest Company, Financial advisor to the City, stated that this
refinancing with save the city approximately $81,000 annually or 1.6 million over the life of the
bond. Mayor Vandergrift confirmed that this will not extend the loan, it will just save city
money. Misty Taylor from BMO Law Firm, was also present to answer questions.
Mayor Vandergrift, seconded by Commissioner Wilsen, moved to adopt
Resolution No. 2013 -015 approving the current refunding of the city's water and
sewer system refunding and improvement revenue bonds, series 2003, per staff
recommendations. Motion carried 5 -0.
5 11',1 L, c
Regular City Commission
October 15, 2013
I. REGULAR AGENDA
7. Approval of Resolution Allowing the Capital Trust Agency to Utilize the City's Tax
Equity and Fiscal Responsibility Act (TEFRA) hearing which was held June 18, 2013,
for Use in Securing Conduit Financing for All Sports Memory Care through Capital
Trust instead of the City. (Assistant City Manager Shadrix)
On June 18, 2013, the City Commission held a public hearing pursuant to the Tax Equity and Fiscal
Responsibility Act (also called a TEFRA hearing) for the purpose of allowing Windermere Senior Living, LLC
to secure bonds via conduit financing for construction of a project in Ocoee known as All Sports Memory Care.
The City Commission adopted the TEFRA resolution which allowed the applicant to move forward in securing
an allocation from the statewide private activity bond volume cap, which was prior to the deadline of July 1,
2013.
The applicant proceeded forward in good faith with an original intention of having the City of Ocoee act as the
issuer of the proposed conduit bonds; however, terms could never be reached and the applicant is now prepared
to secure financing through the Capital Trust Agency, which is another legal public entity created duly under
the provisions of Chapter 163, Part I and 617 of the Florida Statutes. The proposed resolution allows the
TEFRA hearing held by the City of Ocoee to be used in obtaining conduit financing bonds from the Capital
Trust Agency, and merely ensures the compliance in securing the allocation the hearing allowed as they move
forward with securing the bonds.
Assistant City Manager Shadrix and Misty Taylor of BMO Law Office, the city's bond
counsel explained that the City held a TEFRA hearing when it was considering being the conduit
finance issuer for the All Sports Memory Care project. They stated that the developers have now
gone with a different issuer, Capital Trust, because the city was not comfortable with some of the
terms they were proposing. There will be another TEFRA hearing before the commission, but
the purpose of this resolution is to allow Capital Trust to use the TEFRA hearing held by the City
of Ocoee a few months ago to move forward to obtain bonds.
J. STAFF ACTION ITEMS
None
K. COMMENTS FROM COMMISSIONERS
Commissioner Grogan — none
Commissioner Wilsen — none
Commissioner Johnson — none
Commissioner Keller — reminded everyone to be careful when the kids are out and about for
Halloween.
Mayor Vandergrift- 1) noted that the east side of the building seems to be sinking more and
more. Public Works Director Krug said we have a new structural engineer looking at it and we
will hopefully have a proposal in the next few months. The solution will probably be to remove
and replace the porch as opposed to shoring it up. 2) thanked Public Works Department Krug for
the Eagle Scout Project at the Ocoee Cemetery; trees were trimmed, forty bags of trash were
hauled away and many of the headstones were pressure cleaned. 3) said he is still interested in
getting rocking chairs on the porch; he may purchase one himself and set up a program that
involved other people. Commissioner Johnson suggested that the steel benches in the gazebo
area be removed and used at City Hall and the Ison Center and white folding chairs can be used
for weddings and other events at the gazebo since that is the preferred seating. Mayor
Vandergrift said this is old Florida, he does not want metal benches on the porch, but agreed the
61Pagc,
Regular City Commission
October 15, 2013
benches could be removed and used at other locations. Parks and Recreation Director Hayes
said they plan on purchasing white resin folding chairs because event planners have advised that
is what people want for weddings and other venues. Commissioner Wilsen asked if the grading
around the seating area at the gazebo can be fixed or railings installed because it is a steep edge
that people can fall off of. Mr. Hayes advised that they did extend the bank to improve that
situation, but they will take another look at it.
Commissioner Johnson also added that he had a discussion with City Manager Frank about
how to tie the City Hall building in with the new Lakeshore Center. City Manager Frank said
we are looking at incorporating more brick into the city hall building, either brick base around
the whole building or just some on the columns. The city hall building needs to be painted as
well, so the intention is to paint both buildings the same color at the same time. 4) said he would
like to have the trees behind the porch removed because they ruin the panoramic view of the lake
and fountain. Commissioner Johnson said he would be in favor of trimming them way back
below the porch railing, but not removing them.
ADJOURNMENT
The meeting was adjourned at 8:35 p.m.
Attest:
Beth Eikenberry, City Clerk
APPROVED:
City of Ocoee
S. Scott Vandergrift, Mayor