HomeMy WebLinkAbout05-18-93
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MINUTES OF THE CITY OF OCOEE BOARD OF COMMISSIONERS REGULAR
MEETING HELD MAY 18, 1993
CALL TO ORDER
The regular meeting was called to order by Mayor Vandergrift at 7:30 p.m. in the commission
chambers. Rev. David Day, Ocoee United Methodist Church, led in the prayer and Mrs. Hilda
Ems led in the pledge of allegiance. The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Johnson, and Woodson.
Also present were City Manager Shapiro, City Attorney Rosenthal,
Administrative Services Director Beamer, City Engineer/Utilities Director Shira,
Planning Director Behrens, Planner Resnik, Personnel Director Psaledakis, and
City Clerk Grafton.
ABSENT: None
PRESENTATIONS AND PROCLAMATIONS
Mayor Vandergrift read a Proclamation proclaiming National Safe Boating Week for
June 6 - 12, 1993.
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CONSENT AGENDA
The consent agenda consisted of items A, B, C, D, and E. Commissioner Woodson asked
about the motion to call a special session for December 17. He was advised that although the
motion to have a meeting to discuss the City Manager's contract specified a workshop. Mayor
Vandergrift determined that a special session would be appropriate in order to vote on any
decision made and the special session was properly noticed for several days prior to
December 17. Mayor Vandergrift asked the reason for the request for temporary help in the
Planning Department. In order to protect the employee's privacy the reason was not made a part
of the staff report and should not be discussed at the table. Mayor Vandergrift asked if Johio
Meadows has sewer and if so could he get sewer in his neighborhood. Johio Meadows will have
sewer but it will not be available to his area as a result of that development. Mayor
Vandergrift asked why the Spring Lake Subdivision should receive another extension. Clarke
Road was not yet finished at the time of the first extension. the parcel was undevelopable until
that occurred and that now the time is right. Commissioner Woodson. seconded by
Commissioner Combs. moved to accept the consent agenda as presented. Motion carried 5-0.
A. Acceptance and Approval of Minutes of Rel!Ular Commission Meetin~ of May
4. 1993. Workshop and Special Session for City Mana~er Shapiro's Contract
of December 17. 1992.
B. Approval and Authorization to Transfer from Contin~ency to Plannim!
Department for Temoorarv Help.
C. Approval and Authorization to Close City Hall Friday. June 18. 1993 at 12
Noon.
D. Approval and Authorization for Mayor and City Clerk to Execute the Johio
Meadows Final Subdivision Plans.
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Ocoee City Commission Regular Meeting
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E. Approval of Request by Developer of Sprinl: Lake Subdivision for extension
of Final Em!ineerinl: Plans.
COMMENTS FROM CITIZENS/PUBLIC
R. P. Mohnacky, 1820 Prairie Lake Blvd., said that the shrubs next to the community center
are a hazard and need to be trimmed. He was assured that they would be taken care of.
Commissioner Combs noted that there were three sample chairs which had been placed in the
audience for testing and he asked Mr. Mohnacky to give his opinion on which one was more
comfortable. Mr. Mohnacky chose the blue one.
Mrs. Betty Goble, 1118 Caballero Rd., said that her neighborhood wished to incorporate the
neighborhood watch program and had attended a briefing at which Cpl. Vance had advised that
signs were no longer available and that they should buy their own. Mrs. Goble asked that the
City set aside money in the budget to provide such signs for the citizens and asked also for
money for their signs as well. City Manager Shapiro said that if this had not already been
taken care of he would see that arrangements were made to do so and he would report back to
Commission.
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Jim Gleason, 856 Hammocks Dr., said he has noted that in other towns where extraordinary
growth has occurred there is a problem with the availability of ball fields and he asked if Ocoee
has provided for this in new growth. Mayor Vandergrift said that he has asked the Recreation
Department for an inventory of the fields and expects to get with the league players and work
out the plan. Commissioner Johnson said that he has been working on this for years and that
now we get an impact fee.
Commissioner Woodson. seconded by Mavor Vanderi!rift. moved to consider agenda item
VI C-West Orange Jaycee Seating Program at this time. Motion carried 5-0.
WEST ORANGE JAYCEE SEATING PROGRAM
Rich Kroesen, Vice President Metropolitan Systems, Inc., explained the Jaycee Bench Bill and
said that their project was to provide 120 benches in the City of Ocoee for the public, including
the manufacture, provision and maintenance, at no cost to the City. Mr. Kroesen pointed out
that the state statute specifically provides that any city can permit Jaycee benches and prevent
others from placing benches. City Manager Shapiro advised that the placing of benches with
any advertising at all on them is currently illegal as the ordinance stands now, and he
recommended not entering into this agreement until the ordinance has been changed as this may
open the door to other undesirable advertising. There were four associates with Mr. Kroesen
from the Jaycees and they each spoke in favor of accepting the proposal.
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Ocoee City Commission Regular Meeting
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Commissioner Woodson. seconded by Mavor Vander&ift. moved to have City Attorney
Rosenthal research how hard it would be to amend the sign ordinance and report back what has
to be done to place the benches without compromising the spirit of the sign ordinance. After
a lengthy discussion the vote was taken. Just before the vote. Mr. Kroesen withdrew his
proposal. Motion lost with 3-2 vote against. Commissioners Combs. Foster and Johnson voted
no.
RECESS 8:35 - 8:45 P.M.
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SECOND READINGS AND PUBLIC HEARINGS
Ordinance No. 93-06, relating to Zoning Code Revisions re: Auto Repair (continued from
May 4, 1993).
This ordinance was presented by title for the second reading and public hearing. The public
hearing was opened. Planning Director Behrens reported that the Planning and Zoning
Commission, seated as the Local Planning Agency, had reviewed this material at their meeting
May 11 and had determined that they need more time and more information in order to make
a sound decision, and tabled the issue until June 8, 1993. City Manager Shapiro advised that
under 9J5 the LPA has a right, as well as a responsibility, to do this and recommended that this
Commission table the item until their recommendation has been presented. Commissioner
Woodson. seconded by Commissioner Combs. moved to table this item until June 15. 1993 at
7:30 p.m. or as soon thereafter as practical. Motion carried 5-0.
Ordinance No. 93-09, amending the FY93 Budget.
This Ordinance was presented by title for the second reading and public hearing. The public
hearing was opened and Mr. Mohnacky asked if this part could go concurrently with the
Commission review of the budget, as he may wish to comment during the review. City
Manager Shapiro advised that the material was available to the public for review at the last
meeting, has been available in the City Clerk's office since that date, and is presently available
on the table in the rear of the commission chambers, so any questions could have been prepared
in advance if necessary. There were no further comments from the public and the public hearing
was closed.
Mayor Vandergrift explained that the proposed budget book would be reviewed line by line and
any Commission questions could be raised during this progression through the book. For the
sake of brevity the responses to Commission questions will be underlined.
Mayor Vandergrift asked about the $1,229,380 increase in appropriations listed in Section 2 (1)
of the adopting ordinance. This figure represents the balancing of all the different funds. With
the cash carry forward from last year and some additional revenues expected this amount can
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Ocoee City Commission Regular Meeting
May 18, 1993
now be budgeted. A year and a half ago there was a financial problem but now there can be cash
available to go into the general fund as well as other funds.
Page A-I:
Page A-2:
Page A-4:
Page A-5:
How much to Contingency? The second page 2 of Shapiro's memo notes that the
General Fund Contingency will be increased to $162.852.31: Water Contingency
to $50.000: Solid Waste Contingency to $39.895.32.
Is the Ad Valorem Tax reduction of $27,000 a loss? Not a loss. but instead
bringing the percentage back to a true figure of 97 % rather than the original
98%.
What is Program Activity Fee? It is fee collected from consumer/user for
recreational activities and is used to buy supplies. run the bus. take them to the
pool. etc.
Fines/Forfeitures from the Police Department?
Correct.
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Page A-lO: Is the interest earning increase due to the bond program? No. it has been
sitting in Water Fund and has earned more interest than was calculated originally.
Page B-1:
Page B-2:
Page B-3:
Page B-4:
Page B-5:
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Item 514-Legal Expense. We should get some of this back. as a good portion
of it is being billed out.
Item 519-Building Maintenance - Does this have to do with the storms?
No. this has been reallocated as one of the custodial positions has been
transferred and some of the work privatized.
What is ECFRPC?
What is FDDA?
East Central Florida Regional Planning Council.
Florida DownTown Development Association.
Acct. 6401 Vehicle Replacement? City Manager's car will probably be painted
and left for the police.
Acct. 4919 Recording Fees $2,595.20? At quarterly review it was discussed
that this was an unexpected expense but that it was necessary to record the
Annexation Agreements that went along with the annexations.
Acct. 2401 Workers Comp Audit Adjustment? This came from an audit that
was done for FY90 when we were in a program that had not been totally audited.
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Page B-7:
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Acct. 4909 Bad Debt Writeoff? When in a prior fiscal year an amount has
been recorded as an account receivable and it is something that should not be paid
it is entered in this account to get it off the books.
Are some salaries being increased in this budget? There is a Charter requirement
to do a wage classification each year and list of reclassification in grades that will
not take effect until the new budget time is included. It is recommended to pay
off compensatory time and in the future to pay overtime.
Acct. 4605 Vehicle Parts and Repairs. Staff was not satisfied in the beginning
because the vendors had not been settled on. but that has been taken care of now
and the repairs that had been postponed have now been done. In the past the
garage had not been properly stocked nor was proper training provided. The cost
of reestablishing the maintenance barn is estimated to be $175.450 annually and
there will be some services still contracted out (front end alignment. differential
work. maior gas and diesel engine overhauling. paint iobs. transmission work and
wrecker service). Should Commission elect to reestablish the maintenance barn
it will be necessary to fund it properly and each department must pay their fair
share of the cost of running the garage. It cannot continue to be a General Fund
application. The requested cost comparison for in-house vs outside cost iust is
not available. as the figures for in-house would be prior year's figures. Bringing
it up to OSHA standards would be a maior expense. as would training to take
care of hazardous elements. There is a serious need for tools. but this must be
done at budget time. City Mana~er Shapiro said that he will contact other
municipalities and Mr. Worsham to compare their experience in this area and
report. Commissioner Johnson said that he had found that a mechanic would not
want to take a cut in salary to work for the City and also that the garage should
be relocated in order to have the room to handle the equipment.
Page B-11: Acct. 3128 Professional Services Other - Temporary help in Public Works.
Page B-12: Are we involved in salary increases? Yes. there are 5% increases. but this
one is the buyer position. At this point it was decided to go through the
personnel issue. and Ms. Beamer explained that there are 5 full time positions.
3 in General Fund (receptionist. buyer and municipal inspector) and 2 in Solid
Waste (both drivers); 5 part time positions. 3 in General Fund (clerk for law
enforcement and 2 in solid waste summer workers).
Why are we reclassifying some of the numbers? There should be no change until
regular budget considerations, and then all the classifications should be
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Ocoee City Commission Regular Meeting
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considered. There are no dollars involved in this on the staff level. The wage
classification study showed that. in some staff positions. our grade chart is out of
line with those cities of similar size in this area. particularly at the maximum
side. This proposed change attempts to bring it in line. The study also shows
that we are in line with most of the employee positions now. but there are still
some grade levels that are off. Personnel Director Psaledakis pointed out that
in other cities a staff member at a certain salary classification had one function
under the one iob title. while many of the department heads in this City are
performing three and more functions under the one iob title. Commissioner
Johnson said that he does not want to raise any new eml'loyees until budget time.
City Manal:er Shapiro explained that this recommended change is threefold: 1)
a grade change for certain iobs: 2) a 10% increase in the spread between
minimum/maximum in the grade: and 3) different numerical system. Mr.
Shapiro said that if the reclassification bothers Commission. in order to proceed
with the approval of the budget amendment. he would guarantee that no action
would be taken regarding specific items in the reclassification and that they would
be brought back before Commission. However. there is a need to advertise for
certain positions immediately.
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Page B-12: What is the $9,000+ under Administration?
and comprehensive time buy-out.
The proposed buyer position
Page B-16: Acct. 2400 Workers Comp Insurance reduced $13,700? This is taking money
out because it is not needed here. The calculations estimated a rating equal to
previous years' records and our record is improving.
Page B-14: Acct. 4003 Car Allowance - Was not this discontinued at the last budget?
This was a carry over to honor the commitment from last year for 2 police.
City Manager Shapiro said that he wished to make sure that it was understood that the upgrade
from trainee to "C" operator in the Wastewater Treatment budget is a requirement of DER, and
should not be included with the other upgrades if there is an exception made.
Mayor Vandergrift wanted the cemetery fund set up as a foundation or an enterprise fund.
Page B-21: Mayor Vandergrift wanted to transfer all of the sidewalk funds into the street
repair fund. The Commission reviews the Capital Improvement each June and
determines which sidewalks/roads will be funded. Last year sidewalks on Ursula,
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Ocoee City Commission Regular Meeting
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Spring Lake. and Mable were listed. have been bid on and bids have been
opened.
Page B-26
Acct. 3102 $224,950 was moved from Capital Improvement to Engineering
Expense per Auditor's direction.
Ms. Beamer asked if there were any problems with the Capital changes listed in Exhibit C.
There were none.
Other items of discussion included in Mr. Shapiro's memo dated April 29, 1993 were:
1) Reestablishment of City Garage - covered earlier in the meeting. New program has not
been managed in most cost effective manner and will be readdressed before the end of
the year.
2)
Purchase of benches for bus stops and parks - Mr. Shapiro wants department heads to
go through his office to say how many benches are needed. Commissioner Woodson
said that Recreation Director Beech had not specified that he needed 45 benches, but had
casually answered a direct question put to him for an estimate. Mr. Shapiro suggested
budgeting for 10 to 20 benches each year. This was tabled for a later date.
Commissioner Woodson wants the striping for Sawmill done. Consensus was to take $3.055
from Contingency Fund to use for striping Sawmill as discussed by the homeowners association.
Mayor Vandergrift wants reflector lights instead. City Manager Shapiro said there is a lawful
requirement for the striping.
3)
Street sign replacements (with flags) for $4,000. Tabled until later.
4)
July 4 fireworks display - Mayor Vandergrift related there were negative responses from
staff and he gave up his campaign for the fireworks.
5)
Salary increase for Mayor and Board of City Commissioners - Commissioner Combs
said that he had brought this up some time ago and Personnel Director Psaledakis said
she has done studies on this for 14 years on salaries and these are embarrassingly low.
Ms. Psaledakis recommended, based on her studies, raising the Mayor's salary to $900
monthly and the Commissioners' salaries to $700 each monthly. Mr. Shapiro noted for
the record that the Charter requires that "no ordinance increasing such salary shall
become effective until the date of commencement of the terms of members of the City
Commission elected at the next regular city election, provided that such election follows
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Ocoee City Commission Regular Meeting
May 18, 1993
the adoption of such ordinance by at least six months." It would not affect those
currently seated on the Commission during their current terms, nor would it affect those
elected in the next election. Mayor Vandergrift said that this could be discussed at
another time, as it has nothing to do with the midyear budget amendment.
Ms. Beamer mentioned a request from the West Orange Chamber of Commerce for an
additional $2,000 donation toward their expansion. Consensus was to grant this request after
the adoption of the budget amendment.
Commissioner Woodson. seconded by Commissioner Combs. moved to adopt Ordinance No.
93-09. subiect to the condition that no funds will be spent for employee reclassification until
such reclassifications are approved by City Commission except for reclassification from trainee
to Class "C" Operator in the Wastewater Treatment Fund. which is specifically approved. On
roll call Commissioner Combs voted "aYe." Commissioner Foster "aYe." Commissioner Johnson
"aye." Commissioner Woodson "aYe." and Mayor Vandergrift "aYe." Motion carried 5-0.
RECESS 11:05 P.M. - 11:13 P.M.
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Upon reconvening, Commissioner Woodson. seconded by Commissioner Combs. moved to
transfer $3.055 from Contingency Fund to the appropriate account line for striping Sawmill
Boulevard. and grant $2.000 from Contingency Fund to the West Orange Chamber of Commerce
for their building fund. Motion carried 5-0.
Commissioner Combs. seconded by Commissioner Foster. moved to give direction to City
Attorney to prepare an ordinance for salary increases for the Mayor and Board of City
Commissioners per Personnel Director Psaledakis' strong recommendation based on her salary
survey. Motion carried 5-0.
PLANTATION GROVE PUD - PARCELS B, C, D, G, AND I - (SINGLE FAMILY
PORTION) - PRELIMINARY SUBDIVISION PLANS (DEVELOPER PIZZUTI -
PROJECT NO. 93-0001).
Planning Director Behrens read the staff report and advised that the Planning and Zoning
Commission recommended approval with the condition that prior to City Commission approval
of the Preliminary Subdivision Plans the required rights-of-way of Moore and Maguire Roads
shall be conveyed to the City per the Revised Land Use Plan. City Attorney Rosenthal advised
that they are in the process of sorting out the proper legal descriptions for both of the roads and
he is confident that this is not a problem that should prohibit or delay approval of the
Preliminary Subdivision Plans at this time, even though the deeds are not actually in his
possession. Mr. Rosenthal revised the staff recommendation to read as follows: That the
Preliminary Subdivision Plans be approved subject to the following conditions:
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Ocoee City Commission Regular Meeting
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1. Receipt of the Warranty Deeds, Partial Release of Mortgage, and related title
opinion for the dedication of the right-of-ways for Maguire and Moore Roads as required
by Condition of Approval No. 20 of the Revised Land Use Plan within sixty (60) days;
2. Addition of phasing lines to Sheets 2 and 3 of the Preliminary Subdivision Plans
within thirty (30) days; and
3. Revision of the Legal Description on Sheet 1 of the Preliminary Subdivision Plans
to correctly describe the land within fifteen (15) days.
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Steve Ibans and Steve Mellich were present to answer questions, and displayed diagrams of the
recreation area. Mayor Vandergrift said there was not enough parking space. Commissioner
Johnson asked for a meeting house for the homeowners association and City Manager Shapiro
advised that it would be appropriate to change the Land Use Regulations to include that as a
requirement before requesting it of a developer. Mr. Rosenthal advised that this particular
project was approved under the old Land Development Code with a Revised Land Use Plan and
there may be limits to what directions can be given regarding a club house. The developer is
accelerating the recreational facilities which are not required until the second phase. Consensus
was that the concept of requesting a club/meeting house was a good one and should be pursued
at another time.
The public hearing was opened. Jim Gleason asked how many homes must be in the
development before amenities are required. Mr. Behrens explained that the scale in the Code
shows that 10-50 houses require 1 amenity, 51-100 houses require 2, 101-200 require 3, 201-300
require 4, with 1 additional amenity for each 100 houses or fraction thereof above the 300. Mr.
Gleason said not to make it hard on the developer. The public hearing was closed.
Commissioner Foster. seconded by Commissioner Vander&ift. moved to approve Plantation
Grove P. U . D. Preliminary Subdivision Plan (Pizzuti) according to the revised recommendation
presented by City Attorney Rosenthal. On roll call Commissioner Combs voted "aye. "
Commissioner Foster "aYe." Commissioner Johnson "aYe." Commissioner Woodson "aYe." and
Mayor Vandergrift "aYe." Motion carried 5-0.
OTHER BUSINESS
APPOINTMENTS TO BOARDS. - (continued from May 4, 1993)
Board of Adjustment - 2 alternates for 3 year terms to replace Tanya Miller and John
Resnik who were moved up to regular member status at the last meeting.
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Ocoee City Commission Regular Meeting
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Commissioner Johnson stated again his feelings that it should not be necessary for one person
to serve on more than one board and he wished to delay the consideration of the Planning and
Zoning Commission nomination until a later date.
Commissioner Foster. seconded by Commissioner Johnson. nominated Ken Hale to the
position of alternate on this board to complete John Resnik's term which expires May 1995.
Motion carried 5-0.
Mavor Vanderl!rift. seconded by Commissioner Combs. nominated Jim Gleason to the position
of alternate to fill Tanya Miller's position vacated by her appointment to full member. This
term expires May 1996. Motion carried 5-0.
CODE ENFORCEMENT BOARD - Madeline Shagner, Philip Rowe - 3 year terms expire
June 1993.
Commissioner Johnson. seconded by Commissioner Combs. moved to reappoint Madeline
Shagner to another 3 year term. Motion carried 5-0.
Commissioner Woodson nominated Karen Drolet to serve on the Code Enforcement Board.
\..... This motion died for lack of a second. Commissioner Johnson. seconded by Commissioner
Combs. moved to table this nomination until a later date. Motion carried 5-0.
PLANNING AND ZONING COMMISSION - Tanya Miller - 3 year term expires June
1993.
Commissioner Johnson. seconded by Commissioner Combs. moved to table this nomination
until a later date. Motion carried 5-0.
DISCUSSION RE: YARD WASTE AT SAWMILL.
City Manager Shapiro explained that the large amount of grass and few trees in Sawmill create
a situation such that there is an extraordinary amount of yard clippings and this causes a
hardship on the residents there. He requested authorization to place a large receptacle for the
exclusive use of residents of Sawmill to deposit clippings which would be monitored for correct
participation. Commissioner Foster. seconded by Commissioner Combs. moved to authorize
staff to proceed as requested. Motion carried 5-0.
DISCUSSION RE: WEST ORANGE JAYCEES PUBLIC SEATING PROGRAM.
This item was taken out of order and considered immediately following Citizens Comments.
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Ocoee City Commission Regular Meeting
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STAFF REPORTS
There were no staff reports at this time.
COMMENTS FROM COMMISSIONERS
Commissioner Johnson: No comments at this time.
Commissioner Foster:
Advised that the Historical Commission has requested Commission to write letters to Secretary
of State Jim Smith concerning the upcoming restoration grant for the Withers-Maguire House
and he will provide a sample letter format. The historical Commission will collect all the letters
and submit them together.
Commissioner Combs:
1) Advised that Joe Tracy, 1018 Shady Maple Circle, reported a problem with trash being
dumped on B.C. Terry Road and a nest of yellow jackets on the lot directly behind his
property and he asked for help getting rid of them. City Manager Shapiro said it will
be taken care of immediately.
2) Said that he will give a list of sidewalks that need repair to City Manager when he
returns from conference.
'-' 3) Expressed appreciation to County Commissioner Bob Freeman for getting the old cars
removed from Johnson's Car Lot on Highway 50.
4) Reminded Mayor Vandergrift that the City Attorney had cautioned Commissioners about
discussing those matters that are the subject of the County's lawsuit against the City and
noted that Mayor Vandergrift had been commenting on his radio show about several of
the items.
Commissioner Woodson:
1) Reminded all that Saturday, May 22, 1993 has been set aside for a cemetery clean up day
and invited all to bring their gardening tools to help complete the job preparing for the
Memorial Day ceremony.
2) Said that more directional signs are needed for the City of Ocoee, as the welcome to
Ocoee sign on Clarke Road leads visitors directly to the sewer plant.
3) Has tickets to the Lions Club BBQ on Saturday, May 29 at Wal-Mart for $5.00.
4) Reminded all that the 1st meeting in June begins the casual dress season for Commission.
Mayor Vander~ift:
1) Noted that in Pioneer Key Park I a new double wide home was going in and the new
"Mayor's Yard of the Month" has been very successful in promoting interest in yard
care.
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Ocoee City Commission Regular Meeting
May 18, 1993
2) Noted also that in Pioneer Key Park II a new double wide home was going in and also
that he has found that the majority of the water causing the drainage problem is coming
off the shopping center parking lot.
3) Advised that Nicki Prettyman will be featured at Sea World at the manatee exhibit for
her poem.
4) Asked for a report from staff regarding straightening out the zip code problem. City
Manager Shapiro reported that the priority right now is to focus on those areas that we
may be in danger of losing.
5) Reminded all that the Memorial Day Ceremony begins at the cemetery at 8:00 a.m. with
the placing of flags on the gravesites of our veterans and continues at the gazebo at 9:30
a.m. with music by the Ocoee Middle School Music Department and address by former
Mayor Tom Ison.
ADJOURNMENT
The meeting adjourned at 12:20 a.m.
Attest:
APPROVED:
City of Ocoee
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