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HomeMy WebLinkAbout02-18-92 ~ MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD February 18, 1992 Mayor Dabbs called the regular meeting of the Ocoee Board of City Commissioners to order at 7:30 p.m. in the commission chambers and then led in the prayer. Boy Scout Troop #217 presented the colors and, after the pledge of allegiance, posted the colors. After the color guard retired the roll was called and a quorum declared present. PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Johnson and Woodson. Also present were City Manager Shapiro, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Planning Director Behrens, Building Official Flippen, and City Clerk Grafton ABSENT: None PRESENTATIONS AND PROCLAMATIONS A video concerning the Surface Water Improvement and Management (SWIM) Act, was viewed and Commissioner Foster spoke briefly regarding the need for the City's support of this program, as it will affect Lake Apopka. Commissioner Foster, seconded by Commissioner Combs, moved to adopt Resolution 92-03, in support of the Surface Water Improvement and Management Program. Motion carried with unanimous vote in favor. CONSENT AGENDA The proposed consent agenda consisted of items A, B, C, D, E, F, G, and H. Commissioner Woodson pulled items C, F, and G for discussion. '-" Commissioner Woodson said that he understood that the Clarke Road signs had already been designed and asked the purpose of this request in item C~ for a change order. City Engineer Shira explained that the name was spelled without an ~ on the end in the original request and it had been pointed out to staff that, as the street was named for Arthur Clarke, it was misspelled if the ~ was omitted. Mr. Shira said that the change includes also upgrading to illuminated signs where Clarke Road intersects with S.R. 50, White Road, Silver Star Road, and the three approaches at A.D. Mims Road. Additionally, changes are proposed to add "Ocoee" to two of the existing signs on the East-West Expressway to indicate that Ocoee exists. This item was retained outside the consent agenda for the vote. Commissioner Woodson said that itemL-., relating to an agreement with PEC for the Basin Drainage Inventory and Study, has no dollar amount and most con- tracts/agreements are for a specified amount. Director of Administrative Services Beamer explained that the City will be best served by having the engineers look at each phase and use what was learned at each progressive stage to determine what is to be done in the next phase. Each work order will have the dollar amount on it, and the total estimated cost for the engineering will be .5M. This item was put back on the consent agenda and Commissioner Woodson said there was no need to keep item G separate if item F was going back on the consent agenda. A. Acceptance and Approval of Minutes of Regular Commission Meeting of February 4, 1992. ~cceptance and Authorization for Peace River Outboard Association to Hold Annual Boat Races on Starke Lake on April 11 and 12, 1992. '-" B. "--' Page 2 Ocoee City Commission Regular Meeting February 18, 1992 D. Approval_and Authorization to Ex~cute the Redrafted Non~Ad Valore~ Assessment Agreement with the Orange County Tax Collector. E. Approval_and Authorization for Mayor and City Clerk to Execute Mill Creek Village (Wesmere, Village 3) - Final Plat. F. ~proval and Authorization fo~ Ma~ and City Clerk to Execute Agreement with Professional Engineering Consultants, Inc. for ~ngineering Services for the.Basin Drainage Inventory and Study. G. Approval and Authorization for Mayor and City Clerk to Execute Work Orde~_No. 1 for $33,~60 with Reimbursables Not-to-Exceed $1,250 with Professional Engineering Consultants, Inc. for NPDES Permit ~l!cation (Part 1). H. Approval and ~uthorization._~_~quest__ Bidding on Wastewat~!' Treatment Plant #1 Manifold System. Commissioner Combs, seconded by Commissioner Johnson, moved to approve items A, B, D, E, F, G, and H as presented. Motion carried with unanimous vote in favor. C. ~~al_and Authori~~!Jon fQ!'.Staff to Pr~r~Land for__Mayor_~nd City Clerk to Execute, a Change Order in an Amount Not-to-Exceed illLQQQ_.1..or__Clarke Road Signs. Commissioner Foster, seconded by Commissioner Johnson, moved to approve item C. Motion carried with 4-1 vote in favor. Commissioner Woodson voted no. '-' COMMENTS FROM CITIZENS/PUBLIC Mr. M.L. Spikes, 602 Roberts Rise Drive, spoke regarding Ordinance No. 90-13, relating to back-flow retention devices. Mr. Spikes said that of the 5,199 users of the water system, he is the only one who has been fined $265.00 for not having a back-flow prevention device and he feels that it is inappropriate for the City to selectively enforce an ordinance. Mr. Spikes said also that it was a bad ordinance and not needed. City Manager Shapiro said that the City was required by the State Admimistration Laws to adopt and enforce such an ordinance because of the deaths that have occurred as a result of not having that protection in the water systems. PUBLIC HEARINGS - none '-' OTHER BUSINESS Comprehensive Annual Financial Report Fiscal Year 1990-1991. Eldon McDirmit, McDirmit, Davis, Lauteria and Co., gave the Annual Comprehensive Financial Report for FY 1990-91. Mr. McDirmit said that the City has received the Certificate of Excellence for the third consecutive year. He then gave a brief overview of the report that had been presented in the packet. Mr. McDirmit said that fourteen of the sixteen comments in the Management Letter have been implemented already, and the current year comments have been responded to as well. Commissioner Foster asked about #4 on page 4 regarding certain accounts being flagged to keep them from printing on a report. Mr. McDirmit said that those are old accounts that are being collected and there was no reason to print them on the current delinquincy list. Commissioner Foster expressed concern that the bank statements have not been reconciled in a timely manner (#10 on page 6). Mr. Mc Dirmit said that the glitches in the computer system have been corrected and Staff is doing better. ..... Page 3 Ocoee City Commission Regular Meeting February 18, 1992 Commissioner Foster, seconded by Commissioner Combs, moved to accept the Comprehensive Annual Financial Report for Fiscal Year 1990-1991 as presented. Motion carried with unanimous vote in favor. Resolution 92-02, a joint resolution of the Cities of Ocoee and Winter Garden requesting the expansion of Orlando Urbanized Area Boundary to include Ocoee and Winter Garden. This resolution was presented by title. Planning Director Behrens explained that the 1990 census shows that growth has come westward which entitles us to be a part of the urban Orlando boundary, and such designation would provide for increased traffic capacity on both SR 50 and SR 438. Mr. Behrens said that no money was involved in the adoption of this resolution, just approval and signatures, and that both Winter Garden and Orange County have agreed to agree. Mr. Behrens pointed out that the Comprehensive Plan opens this window instead of having to wait three years. Commissioner Woodson, seconded by Commissioner Combs, moved to adopt this resolution. Motion carried with unanimous vote in favor. First Reading of Ordinance - Second reading is scheduled for March 3, 1992. Ordinance No. 92-01, "relating to Development Review Fees; amending Sections 6-1 and 6-2 of Chapter 2 of Appendix A of the City Code; providing for the collection of flat fees in connection with all development review applications; amending administrative procedures for the collection and processing of development review ~ fees and deposits; amending the development review fee and collection schedule; providing for severability; providing for codification; and providing for an effective date." was presented by title. Mayor Dabbs announced that the second reading and public hearing will be held March 3 at 7:30 p.m. Goodman Commercial Park - Final Engineering Plans. City Manager Shapiro explained that there was a difference of opinion between the permitting agencies regarding the left turns on SR 50. City Commission had felt strongly about there being no left turns onto SR 50. DOT was prepared to permit a U-turn lane at the back of the median if no left turns were allowed by City Commission. City Engineer Shira pointed out in his report that the original design is no more hazardous than the current design, can be done for a lower cost, and is already permitted by DOT so there would be no problem with liability. Mr. Shira recommended that the project be allowed to proceed on the basis of the original design. Mr. Charlie True, McIntosh Associates, 2200 Park Avenue, Winter Park, represent- ing Goodman, said that they have complied with the wishes of this Commission. He said they took a copy of the minutes with them to DOT, and drew up a plan showing a median, right-in, right-out, with no provisions for U-turn, and no left turns, making them fully aware of this Commission's wishes. He said DOT asked for the plans to be left with them for consideration and he got a letter back from DOT with the U-turn plan. Mr. True said that he truly feels that the original plan is safer, but that they cannot go forward until this Commission takes action. '-' Commissioners Combs, Foster, and Johnson all expressed their extreme concern regarding the foolhardiness of a left turn or a U-turn onto SR 50. Page 4 ~ Ocoee City Commission Regular Meeting February 18, 1992 '-" ~ Mr. True said that it would be possible to exit the development on the Old Winter Garden Road and approach SR 50 at the existing traffic light. He said they are ready to build and "no action" tonight will kill the project. Mayor Dabbs said he definitely has a problem not taking some action tonight, and that a sensible person will exit on Old Winter Garden Road rather than SR 50. Commissioner Woodson, seconded by Mayor Dabbs, moved to accept staff recommenda- tion to go back to the original concept and to add a "No Left Turn" sign. When the vote was called for Commissioner Combs voted "no," Commissioner Foster "no," Commissioner Johnson "no," Commissioner Woodson "yes," and Mayor Dabbs "yes". Motion did not carry. The discussion continued and Commissioner Woodson asked if the matter could be brought back up on the floor for consideration. Mayor Dabbs said that it could be, but only if someone on the prevailing side wishes to reconsider. Much later in the meeting, during Commissioner Comments, Commissioner Combs asked to bring Goodman' s Commercial Park back up for reconsideration. After the discussion was reopened, the matter was tabled until March 3. Budget Analysis - General Fund. City Manager Shapiro said that under the Charter, when the City Manager becomes aware that there is a deficit he is required to do something about it. Mr. Shapiro said that the estimated deficit is not on hand but rather is projected to the 3rd quarter. In order to offset this projection the following major things were done: All staff travel to conferences was stopped; all private telephone lines/non-emergency beepers have been discontinued; car allowances have been frozen; merit raises are frozen effective March 4 (including his salary which goes down proportionately even though he is on contract); City Hall must be funded but some of that interest can be used; all Capital improvements were removed; streets; various line items; 4.5% COLA is frozen effective March 4 to avoid having more people lose their jobs; and ten people were laid off: 3 from the Building Department, 1 from Planning, 3 from Police Department, 2 from Purchasing (that whole department), and the Accountant, all with the under- standing that the bumping process is available. Mr. Shapiro said that he made it clear as we went into this budget year that this would be the result if the growth did not come and it has not come. He asked Commission to agree with him in the remedial action as he does not see a turn-around in economy coming soon. Mr. Shapiro said that the employees laid off will receive 30 days pay plus their accrued time and he will work out the problems about when and how to make the transition as easy as possible. Commissioner Combs said that he has tried to be a friend to all in the City, especially the employees and that he saw the recession coming a year and a half ago and said so. He said he does not agree with some of the positions laid off, as he would have taken as much from the top as from the bottom. He said he would cut the projects: Clarke Road, Hospital, Golf Course, and new City Hall if possible instead, but that is not possible. He apologized to Captain Gonthier and said that if he had known this was going to be a temporary position he would not have voted for it. He offered to help in any way possible. Page 5 ~ Ocoee City Commission Regular Meeting February 18, 1992 Commissioner Foster said that he did not have the foresight that Commissioner Combs had regarding the recession and that what this Commission is called on to do is not a pleasant task. He will do all he can to help. Commissioner Woodson said he has been on both sides of the layoff process lots of times and it is not ever easy to tell folks you have to let them go. He said some projects just have not gone as expected and he will help any way he can. Commissioner Johnson said we have seen things like water improvements, sidewalks and better services for citizens and in the last three years salary increases of 21%. He said there is no reason for the employees to be angry because the 4.5% COLA is being frozen. He pointed out that in the past when it was not possible to give raises the Commission tried to help by approving payment of dependent insurance coverage until a raise could be arranged. He said also that this Commission has the responsibility to look out for over 14,000 citizens, not just the employees, and he understands that no one wants to be out of a job. Mayor Dabbs said that he voted for the increase in the Building Department because he knew if growth called for them they were needed and if not they would go. He said that although he does not have his own business he is aware financially and if there was a crystal ball the state agencies would not be in this same position. He said that this Commission has made strides forward at the behest of this City Manager and it happens that now there is a shortfall that ~ must be dealt with. As there were many people present who wished to speak to this issue Mayor Dabbs asked that those who wished to speak limit their comments to five minutes and to not repeat something that another speaker has already covered. For the sake of brevity and clarity, if responses were made to the statements made or questions raised by the speakers, the response is underlined following the statement/question. Laura Baskell, 175 N. Bluford Avenue, 34761, said she has worked for the City for 6 1/2 years and has watched the City's financial condition as it affects her department and herself. She objected to spending money on unnecessary things, i.e., illuminated street signs for Clarke Road and the golf course. She lives within her means and thinks the City should also. John Swilley, husband of City Purchasing Agent, said that the City has spent large amounts of money on ball fields and other projects, and then he listed the staff personnel that he felt should have been considered in the cut, taking from the top as well as the bottom. He cited expenditures he felt were unnecessary, such as golf junkets overnight, sending folks to Denmark to see a sewer system, and the Over 65 program. Mayor Dabb~_~esponded that he knew nothing about golf junkets and that the trip to Denmark had been paid for by the owner of the sewer system. '-' Steve Goclon, 175 N. Bluford, 34761, an employee of 10 years, asked how much advance notice Commission had regarding the cuts; 5 days ago, Friday and what reasoning was used for the cuts chosen. Cuts must be wi thin 2 categories: (no service to citizens)- internal only and growth related. Department heads were not made to be ~esponsible for the cuts. Mr. Goclon said that City Manager had said \..r Page 6 Ocoee City Commission Regular Meeting February 18, 1992 that he would cut benefits before he would cut employees and he could not understand cutting Sue Read, who has done an excellent job. She can bump someone if she wishes to. When Mayor Dabbs asked which benefits Mr. Goclon would want cut, he said he would have to look at it. Greg Gonthier, recently hired Police Captain, commented on the unprofessional manner lay offs were handled and said that he would have appreciated prior notice so he could send out resumes. He said that administrative secretaries do impact services to the citizens, and his job does also. Joanne Drawdy, 820 East Harbour Court, 34761, a former employee and resident since 1978, said she was sorry to lose Captain Gonthier and is sick and embarrassed at the way he was treated in this layoff. She spoke about needing new blood on the Commission. Shelly Simon, 175 N. Bluford Avenue, 34761, said that Police Department employees are unhappy with the choice of lay offs as many positions were created and upgraded at City Hall (15-18) and none at Police Department, yet 3 much needed positions were taken away from the Police Department. She suggested downgrading some recent upgrades and retain the needed Police Department positions and also asked that the Commission hold off on some of their own desires to make this possible. ~ Dave Pelton, 175 N. Bluford Avenue, 34761, said the City has high assets and has no need to get rid of employees. He said the employees work hard and the 21% increase mentioned is not necessarily equal to their contribution to the City, particularly as that has been diminished by having to contribute to the family insurance coverage. He said that Sue Read is the backbone of the Police Department and all who have stayed on the job did so from loyalty and this is a rotten way to reward loyalty. Duwana Mullins, 175 N. Bluford Avenue, 34761, asked if Commission would reconsider the layoff, as Captain Gonthier has raised the morale of the Police Department. She would be willing to give up the 4.5% if it would cause those 10 positions to not be laid off. Louis Sabat, 306 Center Street, 34761, asked what would happen if Commission voted against this layoff. The proposed budget would be out and it is necessary to balance it. The object is to balance without affecting services to the citizens. Mr. Sabat asked about raising taxes. That is only 20% of the budget. Steve Morris, 175 N. Bluford Avenue, 34761, said he has been here 6 years and has seen the equipment and area go down but all are dedicated. As he is married to a city employee that means 9% will be coming out of their pay with the 4.5% reduction. '-' Brad Dreasher, 175 N. Bluford Avenue, 34761, said he has been here 1 year and 4 months and was drawn here because of the benefits. He would be willing to give up those benefits to have a good captain and good secretaries working for him. '-" Page 7 Ocoee City Commission Regular Session February 18, 1992 Wayne Thompson, 125 N. Bluford Avenue, 34761, Chairman of the Fire/Police Pension Board, expressed concern about the pension being cut. He said the 21% just brought us up to be even with other agencies. Jonathan D. Mieras, 125 N. Bluford Avenue, 34761, thinks that when people learn about high taxes here they will go the other way. He was a volunteer firefighter and the City quit paying them and kept it quiet. He made a statement about mismanagement of funds and was cautioned by Mayor Dabbs to be careful of such statements. City Manager Shapiro explained the debts and rates and said we are one__of the lowest in !ates for,: full service.. Susan Carlsson, family member of an employee, said that as a taxpayer and citizen she was upset and disgusted with the Commission. She thinks the Over 65 Program and other programs should be looked at instead of laying off good employees. Teresa Braddy, employee, asked that employee benefits be cut instead of laying off employees. She felt that there would be no problem with trying to find a solution as that amount would almost equal the laid off employees salaries. Ben Buckner, 125 N. Bluford Avenue, 34761, referring to items on this agenda earlier in the evening, objected to lighting up the wilderness with illuminated signs and refusing to put up a No Left Turn sign and letting a multi-million dollar developer go out without a solution to that problem so that he could begin ~ his construction, as he felt those dollars would help solve this problem. He said also that the City should have DOT send an inspector out to check the sand trucks for faulty equipment. Ed Read, husband of an employee, said to tell employees that due to the bUdget crunch they must pay their own dependent coverage. Susan Gailit, wife of an employee, said to give the employees a chance to make that decision as many would prefer to do that than lose fellow workers. There were many other remarks from the audience along that same line and Teresa Braddy asked that the employees be given an opportunity to research the budget for alternatives before the decision was final. When she asked how much more was needed she was told approximately $280,000. Commissioner Combs said he does not disagree with the cuts on page 2 of the bUdget letter but he thinks the employees should have an opportunity to decide regarding the cuts. He agreed that there should be higher priced people on the list. Commissioner Foster said he is in favor of a committee doing the research as suggested. Commissioner Woodson volunteered to sit and accept votes so that the employees can vote on what they want in this issue. '--' ...... Page 8 Ocoee Commission Regular Meeting February 18, 1992 Mayor Dabbs said that the cuts on the page amount to about 4/5ths of the total needed and he moved to approve the line items as presented and to direct the City Manager to quickly get to fair representatives of the General Fund and Utilities employees and have a vote by Monday regarding the alternative solution to the lay offs. Commissioner Woodson seconded and vote was unanimous in favor. RECESS 12:30 A.M. TO 12:35 A.M. STAFF REPORTS City Attorney Rosenthal, reporting on the status of the architect for the Municipal Complex, said that he cannot get hold of the court file because it is on the judge's desk. He recommended that the City terminate the PDR agreement and go out for new RFP's for the Complex. Commissioner Johnson asked if we have to do the City Hall and the answer was that we do in order to avoid arbitrage. Commissioner Foster, seconded by Commissioner Combs, moved to authorize the City Attorney to take steps to terminate the existing agreement with PDR. Motion carried with unanimous vote in favor. Commissioner Foster, seconded by Commissioner Johnson, moved to authorize staff to seek now RFP's for the City Hall and Police Department. Motion carried with unanimous vote in favor. ....... City Manager Shapiro announced the off-Broadway production of "Closer Than Ever" to be held at the Ocoee Woman's Club on February 21, 22, and 24 at 8:00 p.m. COMMENTS FROM COMMISSIONERS Commiss ion~r:__Combs: 1) Asked about the guard rail along Geneva Street. 2) Talked about high impact fees turning away good businesses. 3) Reported Johnson car lot has trees/bushes growing up in and around the cars in the back of the lot. 4) Clarke Road earthmovers are tearing up White Road. 5) Wished Ivan Poston Happy Birthday even though it was after midnight. 6) Asked to bring Goodman's Commercial Park back up for reconsideration. That was done and the matter tabled until March 3 meeting. CommissioneL_ Fo~t~!:: 1) Thanked Code Enforcement for taking care of the Starke Lake Circle problem he had reported. 2) Asked for colored copies of the districting maps. ...... Commissioner Johnson: 1) Announced barbeque special day to benefit Ray Ussery on February 22, 1992 at the community center. 2) Said that he has been approached by citizens who mentioned his hiring his brother to do studies for the City and wants it understood that Mr. Johnson did the studies as an employee of LaRue Consultants and was qualified as an expert in the field. Page 9 '-' Ocoee City Commission Regular Session February 18, 1992 Commissioner Woodson: 1} Reported that Ed McGraw on Center Street says that water still runs down to his property from the ditch. 2} Asked when the report will come on the Solid Waste Study. ADJOURNKENT The meeting adjourned at 12:55 a.m. Je ~ ."-'