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HomeMy WebLinkAbout04-18-95 - MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD April 18, 1995 -.... CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commISSIon chambers. Commissioner Foster led in the prayer and Mrs. Frances Watts led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Foster, Glass, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, Planning Director Wagner, Planner Dow, and City Clerk Grafton. ABSENT: None PRESENT A TIONS AND PROCLAMATIONS Proclamations Mayor Vandergrift announced an Arbor Day program at Palm Drive Park on Friday, April 28 at 10:00 a.m. and read the following proclamations: 1. Earth Day - April 22, 1995 2. Florida Sesquicentennial Year - 1995 ~ CONSENT AGENDA The consent agenda consisted of items A and B. Commissioner Foster. seconded by Mavor Vandere:rift. moved to acceot the consent a2enda as oresented. Motion carried 5-0. A. Acceptance and Approval of Minutes of the Rel:ular Meetinl: held April 4. 1995. B. Acce-ptance and Authorization for Mayor and City Clerk to Execute DOT Maintenance Al:reement Renewal. COMMENTS FROM CITIZENS/PUBLIC Mayor Vandergrift announced the telephone number so that citizens could call in for information during the meeting. Mrs. Dottie Minnick, 508 Bernadino Drive, addressed Commission on the following subjects: 1) Asked for a sidewalk from Harbour Highlands II at least to Sleepy Harbour Condos. City Mana!!er Shapiro said it will be taken care of the next time sidewalks are done. 2) Asked if consideration had been given to reducing the 71J2' setback requirement for sheds. Mr. Shapiro advised that the setback is there for utility easements and City Attorney Rosenthal advised if an easement is to be vacated notices must be sent to all utility companies for review. 3) Thinks that anonymous Code Enforcement reports should not be considered by officers. J.B. Griffin, Esq., 345 S. Lakeshore Drive, asked if Code Enforcement officers could take pictures for the record when they inspect a residence for rental, as he had a tenant who got behind on his rent, trashed his house and then reported the house to Code Enforcement. He tore -..... down the house rather than repair it. ~ Ocoee City Commission Regular Meeting April 18, 1995 Mr. Griffin reported that the lakefront land beyond Lafayette Street (south) is in Marion Park and belongs to the City, therefore it should be included when the rest of the area is cleaned. Mr. Griffin, noting that Commissioners Glass and Gleason were interested in doing away with special interest groups, asked if they would join him in doing away with homestead exemption, and that would provide plenty of funds in the coffers. Mrs. Anne Whittle, 715 E. Lakeshore Drive, asked for an update on the sign ordinance. Mr. Shapiro advised there should be a report in July. PUBLIC HEARINGS and SECOND READINGS OF ORDINANCES Mayor Vandergrift moved Ordinance No. 95-12 to be considered first in the public hearings. ORDINANCE No. 95-12, CASE No.94-07-02:KENJEN, LTD. - REZONING FROM A-I TO R-IAA. This ordinance was presented by title only for the second reading and public hearing. Planner Dow advised that this is a request to change the zoning on a 371f2 acre parcel located north and south of Clarcona-Ocoee Road and east of Clarke Road Extension, and she called attention to the staff report submitted recommending approval. ~ The public hearing was opened. As no one wished to speak, the public hearing was closed. Mavor Vandere:rift. seconded by Commissioner Foster. moved to adoot Ordinance No. 95-12 assi2nin2 a new zonin2 of R-IAA. Sin2le Family Dwellin2 District to the Kenien orooertv. as reQuested in Case No. AR-94-07-02. as recommended by staff. Motion carried 5-0. ORDINANCE No. 95-10, CASE No. 94-08-06:LEWIS - ANNEXATION. This ordinance was presented by title only for the second reading and public hearing. Planner Dow noted that staff recommended approval of this Ordinance subject to the approval and execution of the Lewis annexation agreement which is next on the agenda. The Water Service Agreement will be considered at a later date. Ms. Dow described this parcel as an owner- occupied, roughly one-half acre parcel on the north side of Silver Star Road. Mr. Rosenthal pointed out that the Agreement provides that the right-of-way will be conveyed to the City within 90 days of the date of the Agreement. The public hearing was opened. Mrs. Elizabeth Ervine was present to represent the owner. As no one wished to speak, the public hearing was closed. Commissioner Johnson. seconded by Commissioner Glass. moved to aoorove. accordin2 to staff recommendation. Ordinance No. 95-10 subiect to the execution of the Annexation A2reement in the next a2enda item. Motion carried 5-0. '-' 2 Ocoee City Commission Regular Meeting April 18, 1995 "" LEWIS ANNEXATION AGREEMENT Ms. Dow advised that in this Annexation Agreement the owner agrees to convey the necessary right-of-way within 90 days of execution of the Agreement and that staff recommended approval. Commissioner Johnson. seconded by Commissioner Glass. moved to aoprove staff recommendation to execute the Annexation A2reement with Mrs. Mariorie Lewis. Motion carried 5-0. ORDINANCE No. 95-11, CASE No. 94-08-06: LEWIS -INITIAL ZONING TO R-IA. This ordinance was presented by title only for the second reading and public hearing. Planner Dow advised that this Ordinance assigns the initial zoning to the property just annexed and staff recommended R-IA zoning. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Foster. seconded by Commissioner Gleason. moved to adoot Ordinance No. 95-11 accordin2 to staff recommendation. Motion carried 5-0. ORDINANCE No. 95-13, CASE No. 94-08-07:CRAMPTON - ANNEXATION. This ordinance was presented by title only for the second reading and public hearing. Planner Dow advised that this parcel is roughly the same size and is owned by the sister of the owner ~ of the previously considered parcel, and is also located on Silver Star Road. Staff recommended approval of the Ordinance subject to the execution of the Annexation Agreement. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Gleason. seconded by Commissioner Foster. moved to adoot Ordinance No. 95-13. subiect to execution of the Annexation A2reement with Mrs. Mary Cramoton. as recommended by staff. Motion carried 5-0. CRAMPTON ANNEXATION AGREEMENT Planner Dow advised that this Annexation Agreement is the condition referred to in the above action and staff recommended approval. Commissioner Glass. seconded by Commissioner Johnson. moved to aoorove the Annexation A2reement with Mrs. Mary Cramoton as recommended by staff. Motion carried 5-0. ORDINANCE No. 95-14, CASE No. 94-08-07:CRAMPTON - INITIAL ZONING. This ordinance was presented by title only for the second reading and public hearing. Planner Dow advised that staff recommended approval for the initial zoning of this parcel to R-IA. The public hearing was opened. As no one wished to speak, the public hearing was closed. ... 3 Ocoee City Commission Regular Meeting April 18, 1995 Commissioner Glass. seconded by Commissioner Gleason. moved to adoot Ordinance No. 95- 14 zonin2 this oarcel R-IA accordin2 to staff recommendation. Motion carried 5-0. MAYOR VANDERGRIFT PROPOSED CHANGING THE ORDER OF THE AGENDA UPON RETURNING FROM RECESS. RECESS 8:20 P.M. TO 8:30 P.M. OTHER BUSINESS NON-AGENDA ITEM Mrs. Betty Ervine, chairman of the Historical Commission, announced the Spring Arts and Crafts Show scheduled for Saturday, April 22 from 9:00 a.m. to 3:00 p.m. on the grounds of the Withers-Maguire House. DISCUSSION REGARDING SENIOR PROGRAM City Attorney Rosenthal had been asked at the last meeting to review the Senior Program regarding residency requirements and the rebate of ad valorem taxes and his report was included in the packet for this meeting. Mr. Rosenthal gave an historical overview of the program, noting that in the beginning the program did not have any residency requirements, nor were there any caps on the benefits to be received. After relating the general progression of amendments of the program to its present level of benefits, Mr. Rosenthal said there were two legal issues: (1) equal protection and (2) rebate of ad valorem taxes. He said that, as to equal protection, the program creates classes of residents based on durational residency, that the United States Supreme Court has found durational residency to be unconstitutional on several occasions, and so the 10 year residency requirement probably would not hold up under judicial scrutiny. Two other aspects of the eligibility requirements to the program are age and home ownership/occupancy. Age is subject to the rational basis test and the Supreme Court has found on several occasions that programs could be created with distinctions based upon age. Mr. Rosenthal said that he has not found case law on home ownership and occupancy requirements, but in his judgement it would be subject to a rational basis test. He said he has not found where Commission has created a discernable basis which would establish a rational basis for distinguishing, based on home ownership and occupancy, whether or not a resident would or would not be entitled to receive benefits, but that Commission could establish such a basis. As to the ad valorem tax rebate, he said there is clear case law which states that exemptions to ad valorem taxes may not be established. Florida Constitution states that ad valorem taxes must be levied on a uniform basis. Mr. Rosenthal said that, in his opinion, if challenged, the ad valorem refund would not withstand judicial scrutiny. Similarly, the home ownership and occupancy requirement, as presently structured, also might be overturned by court if subject to judicial scrutiny. This raises the issue of, if the City were to be brought into a lawsuit, 4 Ocoee City Commission Regular Meeting April 18, 1995 ~ particularly with respect to the residency requirement and the homeownership/occupancy requirement, would there be an action on the part of residents of the City who otherwise meet the eligibility requirements of the program to seek the benefits they have been denied. He said that, in his opinion, if litigation were brought, it is likely that would be an issue in the litigation. He said he has not specifically researched nor has he reached a legal conclusion what the outcome might be; however, if it is the intention of the City Commission to continue the program in its current form it would then be prudent to do that further research in order to evaluate the financial exposure, if any, to the City in terms of continuing the program. He pointed out the matter of the annual audit letters he is required to provide to auditors which could result in a comment in the financial statements of the City. Mr. Rosenthal summarized saying that, in his opinion, he would have a difficult time defending the durational residency requirement, the rebate of ad valorem taxes, and the homeownership/occupancy requirement were a suit to be brought. He said he has not explored other options and opportunities to accomplish the same objectives of the program, but rather has focused on specific legal issues as requested. Mr. Rosenthal suggested the program could be modified, with respect to the water program, by eliminating the durational residency requirements and the funding of the program through non-ad valorem revenue sources and thus present a program that would withstand judicial challenge. There may be a variety of options to explore to replace the refund of ad valorem taxes, in order to restructure that part of the program to withstand judicial challenge. '- Commissioner Glass said that he concurred with Mr. Rosenthal's legal conclusions and reasoning, and added that he felt if a change is not made the City may be subject to a major lawsuit. He stated that he did not want to remove anyone from the program, but he did want Mr. Rosenthal to investigate how to continue the worthwhile goals of the program within the Constitution. He stated that he took his oath to uphold the Constitution very seriously. Commissioner Gleason said that the 10 year residency requirement poses a problem as well as homeowners vs renters, and that the rebate of ad valorem taxes was discriminatory. He expressed concern for the citizens already on the program who really need it, but said that alone should not be the basis for leaving the program as it is, thereby exposing all the citizens/residents to a substantial lawsuit that would affect everyone's pockets. He said further that cities are not set up for welfare programs that are better handled by other agencies, and in his search for alternatives he had been referred to "Area Agency on Aging" whose representative advised him that if they had a $25-$50,000 grant from the City that they would then qualify for additional grant money from the state and federal governments and they could earmark that money for services to those seniors who are in need in Ocoee involving rent, food, and health assistance in addition to water, garbage and utilities service. He proposed that, if the Senior Program has to be limited or ended to limit the City's liability, some of the money that would have been budgeted for the Program go to one of the agencies to benefit seniors in need. '-" 5 Ocoee City Commission Regular Meeting April 18, 1995 ~ Commissioner Foster said that he resented the implication that the federal government will come to Ocoee to tell the City what to do. The original purpose of the Program was not to help those in need but rather to honor, to dignify and reward senior citizens; and for 20 years Commission has supported the Program without going belly up. He related figures from the 1990 census which show Ocoee to not be a wealthy town, and he said that he had always considered the Senior Program to be a jewel in the crown of Ocoee. He said that as a school teacher his evaluation of civilizations had shown that 2 things marked long civilizations: (1) They paid homage and respect to their elders, and (2) They gave their dead solemn rituals and ceremonies. He said he considered the 2<:: per day per citizen cost to support the program to be a small price to pay for dignity and honor awarded to the seniors. He also said, as a person familiar with poverty and hunger, that Commission should not make decisions regarding the poor until they have experienced their hardships. '--' Commissioner Johnson said that this matter has been addressed periodically over the last 9 years, particularly at election time, and each time the majority have been for the Program. He said he has felt for some time that there should be a date certain for the Program to end. Most of the $350,000 earmarked for recreation in the budget will be for youth programs and the $150,000 for the Senior Program is not out of line. The City should be able to govern itself and take care of its own citizens. He expressed concern for those citizens living on Social Security only and their ability to take care of the daily living expenses necessary for survival. He said he does not wish to change anything about the Program other than setting a cut-off date. Mayor Vandergrift said that the ad valorem tax refund was his idea during his term as Mayor 1973- 7 5, the thought being at the time that there was little that could be done to serve seniors and this would be one way to honor them. He pointed out that the amount in question is 1.6% of a $9M budget and an even smaller percentage if the water/garbage enterprise funds are included. In response to Commissioner Gleason's remarks about cities being in the welfare program business, he said that better cities are. He said also that he has no problem changing the Program to include renters. There was further discussion regarding the impact on citizens if suit were brought against the City and then each Commissioner made comments about allegiance to citizens vs constitution and federal government. Commissioner Glass seconded bv Commissioner Gleason. moved to seek an ooinion from the Attornev General as to the constitutionality of the Senior Pro2ram. Motion lost with 3-2 vote with Mavor Vander2rift. Commissioner Foster and Commissioner Johnson votin2 "no" and Commissioner Glass and Commissioner Gleason votin2 "ves. " '--' 6 Ocoee City Commission Regular Meeting April 18, 1995 '-" Commissioner Gleason asked City Manager Shapiro's opinion regarding the continued financial support of the Senior Program. Mr. Shapiro responded that there are several options: raise taxes, cut services, or determine optional services, as the budget will be tight and there are several other programs to be considered as well. RECESS 9:55 P.M. TO 10:10 P.M. FIRST READING OF ORDINANCES. SECOND READINGS AND PuBLIC HEARINGS ARE SCHEDULED FOR MAY 2, 1995 AT 7:30 P.M. ORDINANCE No. 95-15, TERMINATING CEMETERY PERPETUAL CARE FuND. This ordinance was presented by title only for the first reading. Mayor Vandergrift announced the time and date of the second reading and public hearing. City Manager Shapiro advised that this ordinance was prepared at the direction of Commission at the last meeting. Administrative Services Director Beamer made a correction to the second paragraph of the staff report stating that the amount should be $20,000. And secondly, the survey costs are included in the Mid Year Budget on object code 539 on page Bl of the amendment. ORDINANCE No. 95-16, BUDGET CHANGE, REVENUES/ExpENDITURES. This ordinance was presented by title only for the first reading. Mayor Vandergrift announced the time and date of the second reading and public hearing. '-" SELECTION OF FINANCIAL ADVISOR. Administrative Services Director Beamer presented the staff report and recommendation that the award for Financial Services be given to First Union Capital Markets Group along with the request that the City Commission authorize the Selection Committee to negotiate with First Union Capital Markets Group. Mr. Phil Roberts was present in the audience to represent First Union Capital Markets Group, and when introduced he noted that he had been a member of the champion team in 1973 when Mayor Vandergrift was coaching. Mayor Vandergrift asked if there were any comments or objections from the audience for the award. Commissioner Johnson. seconded bv Commissioner Glass. moved to 20 with staff recommendation to choose First Union Caoital Markets Grouo as Financial Advisors. Motion carried 5-0. RESOLUTION No. 95-02, SUPPORTING VISION WEST. Planner Dow presented the staff report. Mavor Vandere:rift. seconded bv Commissioner Gleason. moved to adoot Resolution No. 95-02. Motion carried 5-0. SECOND QUARTERLY FINANCIAL REpORT. ,... 7 '-" '-" '--' Ocoee City Commission Regular Meeting April 18, 1995 Administrative Services Director Beamer presented the report and City Manager Shapiro suggested that questions could be reserved until the public hearing at the next meeting or submitted to staff during the next two weeks. Mayor Vandergrift announced that there were several calls that went into his voice mail while the line was busy and there was no one present who knew the combination to retrieve the calls. He asked that those people call again and speak directly to the volunteer in his office at this time. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Gleason: 1) Had been approached by citizen regarding the procedure to abandon B. C. Terry Road and asked about status. Noted also that the barriers just south of the residents have been removed. City Mana~er Shapiro said that the citizen's wife had contacted him regarding a petition and he had advised her to look into the reason why it had not been vacated before. He stated for the record that a public hearing is required to vacate a road and that anyone who wants to sign a petition may do so. but a public hearing is still required. Mr. Shapiro will provide a written report and will take care of the barricades. 2) Asked that information acquired at the National Hurricane Conference attended by Commissioner Johnson, City Manager Shapiro, and Fire Chief Strosnider be made available to the entire Commission, possibly at a regular meeting. He said it was particularly important for the Mayor to have the information on the emergency plan as, according to the Charter, he would be in charge in case of an emergency situation. Citv Manae:er Shapiro said that the County Commission Charter supersedes the City's Charter re2arding emergency situations and he would provide a full written report. 3) Said that Betty Ervine had suggested during the recess that the City Attorney be asked how to make the Senior Program legal. City Attorney Rosenthal responded that he had partially addressed that in his opinion and if Commission amended the Program in the following manner it would eliminate two key areas of potential challenge: (1) Part of the solution would be to eliminate the residency requirement which would then provide the free water and garbage service to all residents over 65 and over 62 and drawing social security as the program was originally established. (2) Eliminate the requirement for home ownership/occupancy which would then allow renters to participate to the extent that the renters have a water/garbage bill. (3) No solution to the ad valorem tax 8 '-" '-' ~ Ocoee City Commission Regular Meeting April 18, 1995 refund other than substituting additional benefits that have an equivalent effect financially of the $100 ad valorem tax refund. Commissioner Gleason asked staff to put together figures showing the impact financially if such amendments were made. Commissioner Glass: 1) Report from Lynx shows ridership is very good and better than expected. 2) Asked about the crosswalk at Bluford/Silver Star Road. City Engineer Shira is working on it. 3) Mid State Apartments are overflowing again. Commissioner Johnson: 1) Bus stop area at Silver Star/Ocoee Hills Road is still a mess. Mr. Shapiro said the plan is to buy more wire cans. but funds are not available at this time. 2) Citizens should be aware that there will not be benches at every bus stop. Commissioner Foster: Said the camaraderie was so great tonight he would save the issue he was going to bring up until later. Mayor Vanderl:rift: 1) Asked about Kissimmee Ave/Story Road. Mr. Shapiro said the engineering is done and as soon as the Mall starts building their footers the impact money is due. Bids can be let as soon as the money is in hand. 2) Asked about Impact fees on Winn Dixie. They were put in the budget as part of revenue this year. 3) Said that someone had reported weeds in front of cemetery and garbage cans spilling over. It was also suggested that a senior citizen could address the needs of the cemetery on a part time basis, with the City using the interest from the Cemetery Fund and supplementing somewhat for that person's salary. 4) Asked about Clarke Road completion. Rosenthal reported that the stipulation has been signed by the parties. City has title to the balance of the Clarke Road property and appropriate notice went out to Silvestri Investments of Florida advising that the City has the balance of the right-of-way. The condemnation litigation continues and the ultimate purchase price is yet to be determined. It is too early to address the timing for completion. but there is a possibilitv for dispute with the developer of Silvestri Investments. Inc. regarding getting them to complete the rest of the proiect. The plans have not been completed. Mr. Shapiro pointed out that after all the details have been worked out. even if the road is opened to allow the developers to show their property. no one will receive a certificate of occupancy until the road is completed all the way through. 9 ~ ~ ~ Ocoee City Commission Regular Meeting April 18, 1995 5) Reminded all to keep in mind the fountain in the lake and continue to clean around it. 6) May 13 is the 70th anniversary of the City Charter. 7) Western Beltway Policy Committee met and there is a strong possibility that some $20M will be put in a fund to buy property for the Western Beltway. 8) Announced Earth Day events and the West Orange Trail and asked interested citizens to contact Caroline Clark at 656-3531 or 656-2509. 9) Announced Palm Drive Park opening ceremony April 28 at 10:00 a.m. 10) Commented on a letter from City Engineer Shira regarding sewer blockage. ADJOURNMENT The meeting adjourned at 11 :00 p.m. APPROVED City of Ocoee Attest: 10