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HomeMy WebLinkAboutItem III (A) Proclamation: Florida City Government Week, October 3-9, 1993 AGENDA 10-5-93 Item III A uU MINUTE OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD September 21, 1993 CALL TO ORDER Mayor Vandergrift called the regular meeting of the Ocoee Board of City Commissioners to order at 7:30 p.m. in the commission chambers. The opening prayer was led by Pastor Larry Roberts, Ocoee Church of Christ, and the pledge of allegiance was led by Mrs. Hilda Ems, County Chairman of the SALT Council. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Johnson and Woodson. Also present were Acting City Manager Beamer, City Attorney Rosenthal, Planning Director Behrens, Planner Resnik, Building and Zoning Official Flippen, and Acting City Clerk Green. ABSENT: City Manager Shapiro. PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift presented Certificates of Appreciation to Gerald Weeks for six years of service and Mickey Shiver for four years of service on the Planning and Zoning Commission. All Commissioners commended Mr. Weeks and Mr. Shiver and thanked them for their contribution to the City through their hard work on the Planning and Zoning Commission. 'We Care' Suicide Prevention Crisis Phone Line Services Pastor David Day, President, West Orange Ministerial Association, citing statistics about the increasing prevalence of suicide attempts in the Ocoee area, said that many times a person who is bent on taking his life may be dissuaded by someone who can listen and give guidance as to where he might go to find help. Such services are already available in the form of crisis telephone lines where people are available to listen 24 hours a day, seven days a week. Not enough people know these services are available. He requested that the City become actively involved in spreading the word about these services, and in particular, the program of the 'We Care' Crisis Center, Incorporated. He suggested including the 'We Care' hot line stickers and an informational brochure in the water bills and placing posters in strategic areas. He introduced two representatives from 'We Care,' Wendy Perdue, Executive Director and Marge Lindner, Supervisor. Ms. Perdue explained that 'We Care' had been in the Orlando area for 26 years. Their service is available to any one having any sort of crisis. Volunteers who answer the telephone have taken extensive hours of training in "how to listen." They listen without judging, minimizing the problem, or putting the caller down. Their goal is to empower people to determine for themselves what they need to do. In addition to providing a teen age hotline (841-7413) and main crisis line (425-2624), they make crisis visits to the schools, provide support groups for the survivors of suicide victims, and train others in how to listen. Mayor Vandergrift thanked Ms. Perdue, and expressed appreciation for the work that Pastor Day, Pastor Weldon and all the local ministers do in the community. CONSENT AGENDA rp]Li Li Ocoee City Commission Regular Meeting September 21, 1993 The consent agenda consisted of items A, B, C, D, E, and F. Mayor Vandergrift noted Staff Memorandum dated September 21, 1993 concerning items C, D, and E which indicated that Mr. Hudson had provided evidence from similar establishments to support his requested decrease in E.R.U. values for water and wastewater. The City Engineer had recalculated the E.R.U. value for the Hudson Commercial Subdivision Phase I and the revised total E.R.U. value is 1.39, equating to a total Water Capital Charge of $1,342.74, and a total Wastewater Capital Charge of $3,982.35. These charges have been paid. The only remaining changes to the Developer's Agreements are minor, i.e., possible name revision as disclosed in the title work. Mayor Vander. ift seconded b Commissioner Johnson moved to al 'rove and acce.t the consent agenda subject to the incorporation of the minor changes noted above for items C and D. Motion carried 5-0. A. Acceptance and Approval of Minutes of Regular Commission Meeting of September 7, 1993 and Budget Public Hearing of September 13, 1993. B. Approval and Authorization for Code Enforcement Attorney to Transfer Records from Graham, Clark, Pohl and Jones Law Firm to New Law Firm Pohl and Brown. C. Approval and Authorization for Mayor and City Clerk to Execute Developer's Agreement for Water Service with Triple H Properties, A General Partnership. D. Approval and Authorization for Mayor and City Clerk to Execute Developer's Agreement for Sewer Service with Triple H Properties, A General Partnership. E. Approval and Acceptance of Hudson Commercial Subdivision Final Subdivision Plan Phase I. F. Approval and Authorization to Pay to Florida Municipal Self Insurers Fund the Additional Premium of$17,424 from Contingency Fund for Workers Compensation 1992/1993 Revised Estimated Billing. COMMENTS FROM CITIZENS/PUBLIC R. P. Mohnacky, 1820 Prairie Lake Boulevard, suggested that Commissioners should discuss most agenda items instead of approving them without discussion under the consent agenda. Commissioner Johnson said any problems or questions Commissioners had about consent agenda items were discussed with staff, and the consent agenda helped to avoid long meetings. Mayor Vandergrift said a blend of both types of items was needed. Jimmy Adams, 5001 Sawdust Circle, a 14 year old student, reported people were speeding and running the stop sign at the intersection near his school bus stop. He said a child was narrowly missed by a speeding car a few days ago. He had discussed the problem with the Mayor and suggested possible solutions might include having a police officer to monitor the area with radar, having students hold placards to ask motorists to slow down, and noting license tag numbers of 2 °D fp Ocoee City Commission Regular Meeting W September 21, 1993 speeders in order to send them a "warning" letter. The Mayor asked Jimmy to speak with Police Chief Boyd. PUBLIC HEARINGS Resolution No. 93-13, vacating a Drainage Ditch Easement at Florida Auto Auction. City Attorney Rosenthal explained that the memo from Steve Zelkowitz in his office with a revised resolution was the same as the faxed resolution attached to the revised staff report from Planning Director Behrens, dated September 21, 1993. Mr. Rosenthal read the proposed resolution by title only. Mayor Vandergrift opened the public hearing. As there were no comments the public hearing was closed. Commissioner Foster, seconded by Commissioner Combs, moved to adopt Resolution 93-13. Motion carried 5-0. OTHER BUSINESS Discussion re: Emergency Management Checklist Mayor Vandergrift, seconded by Commissioner Combs, moved to table this business until the October 5, 1993 meeting. Motion carried 5-0. First Reading of Ordinances. Second Readings and Public Hearings are scheduled for October 5, 1993. Ordinance No. 93-17, updating Interim Services Fees. City Attorney Rosenthal read the proposed ordinance by title only and announced the date and time for the second reading and public hearing. Ordinance No. 93-18, adopting Personnel Rules and Regulations. City Attorney Rosenthal read the proposed ordinance by title only and announced the date and time for the second reading and public hearing. Mayor Vandergrift expressed appreciation to the committee headed by former Mayor Dabbs for the preparation of an excellent document. Appointments to Boards. Code Enforcement Board - Mark Slaby was moved to regular seat July 6, 1993. Need appointment to complete his term as alternate which expires 1995. Mayor Vandergrift encouraged citizens who were interested in serving on City boards to complete an application. It was the consensus of the Commission to omit this item from future agendas until applications were received. Discussion re: City Options under Federal Cable TV Consumer Protection and Competition Act of 1992. Planner Janet Resnik explained that the new legislation allows local franchise authorities like the City of Ocoee to: 3 V n T C7 Ocoee City Commission Regular Meeting ; r September 21, 1993 1) Become certified by the Federal Communications Commission (FCC). 2) Regulate rates for the basic tier of cable television service and equipment needed for that service. (Prerequisite: rate study and adoption of regulations). 3) Adopt customer service standards which may be more stringent than the minimum standards adopted by FCC. 4) Determine enforcement mechanisms to ensure compliance as FCC did not provide for enforcement. Ms. Resnik advised that the national rate freeze on basic cable rates will end on November 15th. Filing for certification in time to permit a rate study before November 15th would permit the City to make sure the rates are fair before the freeze ends. Staff recommends filing for certification in time to provide best options for City. Certification gives Commission the option for later action, it does not mandate it. In response to Commissioner Foster's questions about the sufficiency of current staff and projected costs for this matter, Ms. Resnik responded that staff may be able to complete the application for certification. If staff needs assistance, a nominal cost of $100.00 should cover any attorney costs for the application phase. The rate study would require consultants and staff will contact Winter Garden to find out if they would be interested in splitting the cost if Ocoee proceeds to that step. After certification the City would have 120 days to determine a basic rate. This would require staff time and assistance from the City Attorney or Special Counsel. Mayor Vandergrift suggested bringing in experts on this issue for a joint work session with Winter Garden or for an hour in a regular session to enlighten everyone. Commissioner Johnson questioned the wisdom of getting into the setting of cablevision rates. Commissioner Foster agreed with Commissioner Johnson but was concerned that if the City does not initiate some rate regulations the door might be opened for Cablevision to raise their rates. He said the City could adopt the current rate schedule and thereby theoretically freeze rates at the current level. Attorney Rosenthal explained that the City would need to have a rate study and adopt some regulations before setting a rate. If the City is certified and Cablevision raises the rates, the customers may be entitled to a rebate if the rate study shows that Cablevision overcharged. Commissioner Foster, seconded by Commissioner Johnson, moved to direct staff to proceed with certification process with the Federal Communications Commission. Motion carried 5-0. 4 Ocoee City Commission Regular Meeting September 21, 1993 Planner Resnik said that Miami Attorney Matthew Leibowitz, who is one of the leading lecturers on this new act, will meet with the City Attorney and staff next week to give guidance for the next step. After they have more information,including cost estimates, staff will come back to the Commission with further recommendation and schedule a presentation by "experts" for Commission. Discussion re: Supervisor of Elections Proposal to Prohibit Election "Piggybacking." Attorney Rosenthal had reviewed the applicable statutes to determine the rights of the City and the rights of the Supervisor of Elections in this matter. He presented the results of his research and the options open to the Commission: 1) Take no action of refuse to reschedule elections. 2) Reschedule municipal election to 30 days prior to or subsequent to statewide or County election per FS 101.75. 3) Seek change to general legislation in order to require the Supervisor of Elections conduct municipal elections on the same date as any statewide or County election if so scheduled by the municipality. 4) Pass Resolutions of Municipalities urging support from Orange County and reconsider her decision on conducting municipal elections. 5) Seek support from Orange County Commission to direct Supervisor of Elections to make voting machines available and consider diverting portion of Supervisor of Election budget to funding the conduct of municipal elections. 6) Seek Writ of.Mandamus to force Supervisor of Elections to hold municipal elections as scheduled by municipalities. 7) Seek Special Act requiring that all municipalities hold elections on a date that does not conflict with a statewide or countywide election. 8) Revise City Charters/ordinances to reschedule elections. Mayor Vandergrift reported that the City of Orlando has endorsed option 3, and the City of Maitland and the City of Winter Park support Orlando's position. He stated further that he would prefer to put the decision off for a year and submit the problem to a committee to review. There was discussion regarding voter apathy on election days other than major election days. Mr. Jim Gleason, 856 Hammocks Drive, suggested moving amendments to another date to make space on the ballot. Commissioner Johnson moved to table the issue. Motion died for lack of a second. City Attorney Rosenthal explained the option of supporting Orlando's position to retain the status quo by asking the legislative delegation to initiate general legislation to require the 5 L2AQOcoee City Commission Regular Meeting J September 21, 1993 Supervisor of Elections to conduct a municipal election on the same date as statewide or county elections if it is so scheduled by the municipality. He stated that such action would not preclude the cities getting together and doing things differently, but it would preclude the Supervisor's ability to force a municipality to make the change. Commissioner Johnson said he felt that voters should vote whether it is a national election or not. Commissioner Foster said he did not feel that this Commission should necessarily have its election on the same day as national elections, nor should it choose to follow another municipality's choice for election days. Commissioner Johnson, seconded by Commissioner Combs, moved to table the issue. Motion carrried 5-0. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Woodson: No comments at this time. Commissioner Combs: 1) Stated that at the time he opened his campaign for mayor in the 1994 election, Mayor Vandergrift had asked him not to be "political" in his decision making, and he has not been. He has been told that Mayor Vandergrift has said that the other four Commissioners were totally against him and what he was doing. He said that he had proof that Mayor Vandergrift had said that the other Commissioners practiced "back-door politics," and he asked for the Mayor's definition of the term. He said he thought the Mayor had refused a lot of times to cooperate with the Commissioners and, at times, had given a bad image of the Commission. 2) Said he thought it was offensive to the City and the other Commissioners for the Mayor to wear his hat indoors. 3) Said the Mayor had been out talking about taxes and he understood the Commission would be hearing about it on the 27th. 4) Said the position of Mayor was ceremonial. That the Mayor/Commissioner had to go by the rules and regulations as did all the Commissioners, and if the Mayor talked to Staff he would get cooperation, but that he should not bully the staff. 6 r_Th Ocoee City Commission Regular Meeting September 21, 1993 Mayor Vandergrift said that he did not recall using the term "back-door politics." He asked Commissioner Combs to bring the proof to the next meeting. He requested a transcript of Commissioner Combs' complaints and will be prepared to answer them at the next meeting. Commissioner Foster: No comments at this time. Commissioner Johnson: 1) Said that he wants to make sure that the Citizens watching on T.V. understand that the budget process has been open. The meetings and the books have been available for citizens to get them and read about the budget process. Citizens rarely attend the budget process meetings even though they are fully open to anybody to see and understand. Staff will sit down and review the documents with a citizen who does not understand them. Commissioner Johnson said that representatives from some homeowner associations have called him, but that he tries to avoid attending those meetings as the Mayor is generally present and it would be a conflict with the sunshine law. Commissioner Johnson said that he has fully worked for seven or eight years sitting on this commission for the citizens, always speaking openly to people and letting them know what he is doing and he said he will continue to do that. He said he has been told that Mayor Vandergrift has made the statement about the "back-door politics" and that Mayor Vandergrift needs to watch what he is saying in his comments to people about what the Commission is doing. Mayor Vandergrift Responded to the statement about the budget hearings, saying that his understanding is that they are all here as individuals casting votes of their own mind and that his vote in this particular case has been negative from the time that the motion was made to adopt the higher millage or adopt the current millage as opposed to rolling it back as the County has recommended to 3.875 (or whatever it is). He said that he has voted consecutively for the rolled-back figure. He said that a letter he received from the County Appraiser advised that going to 4 mills is tantamount to raising some peoples' taxes, and that he still stands that way. He said that he has a letter to prove it which he will present at the next budget hearing. Commissioner Johnson suggested that he should read the paper from yesterday which states that the County stayed at the same millage rate and did not raise taxes. Mayor Vandergrift said that he has a letter direct from their head appraiser that says the opposite, the County had rolled back - it was a very small amount but they had rolled back. 7 Ocoee City Commission Regular Meeting September 21, 1993 Commissioner Johnson pointed out that the only thing that changes is the valuation of the land that has gone on in the City. The article also states that a lot of peoples' taxes went down. Commissioner Johnson noted that in all the budget process so far Mayor Vandergrift has passed everything until the final vote is called, and the only thing he has voted against is the Economic Development Coordinator. Mayor Vandergrift said the Economic Coordinator is the amount of the tax increase. Commissioner Johnson responded that it's not a tax increase, it's a tax valuation. Some citizens have had their taxes lowered. ADJOURNMENT The meeting adjourned at 9:00 p.m. APPROVED: Attest: City of Ocoee Marian Green, Acting City Clerk S. Scott Vandergrift, Mayor 8 AGENDA 10-5-93 Ir-� D n Item III A MINUTES S OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS SPECIAL BUDGET SESSION HELD September 27, 1993 CALL TO ORDER The special session was called to order by Mayor Vandergrift at 7:00 p.m. in the commission chambers. 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, Finance Manager Poston, and Acting City Clerk Green. ABSENT: None PUBLIC HEARING Mayor Vandergrift announced that this is an advertised public hearing to finalize the budget and adopt a final millage rate for the City of Ocoee, noting that the City Commission has previously approved a tentative millage rate of 4.0 mills which represents a 3.57% increase in millage over the rolled-back rate of 3.8621 mills. Briefing by City Manager on 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. City Manager Shapiro announced that the increase in the budget for the fiscal year 1993-1994 would provide 3 additional employees for P.P.T.D department, 3 fire fighters, 3 police officers, 1 detective, an Economic Development Coordinator, 1 clerk-stenographer for the City Clerk's office, 3% cost of living increase, renewal of the merit system, $500 to each employee who worked for the City prior to the budget reduction of February 1992 and who will have continued to work with the City until October 1, 1993, and $5000 for park benches. City Attorney Rosenthal added that the 4.0 mills represents a 3.571% increase in millage over the rolled-back rate. Comments by Citizens. Ms. Lynn Burek, 914 White Road, said that she bought property in 1989 and added a pool; the resulting increase in taxes was greater than the increase in the value of the property. City Manager Shapiro advised that the City does not do appraisals and recommended that she appeal to the County equalization board. Discussion ensued regarding appraisals and Mr. Shapiro advised that appraisers are appraising at 70% in Florida. Comments by Commissioners. Commissioner Woodson asked if continuing Russ Wagner's employment on a contract basis and retaining Bruce Behrens as Planning Director rather than Economic Development Coordinator would make it possible to to go to the rolled-back figure. City Manager Shapiro said the savings would be about $3,000.00 and that the Economic Development Coordinator could improve the taxpayer industrial base. Administrative Services Director Beamer advised that going to the rolled-back figure would save $.14 per thousand in taxes. LLCL City of Ocoee Final Budget Public Hearing September 27, 1993 Mayor Vandergrift had distributed a copy of Ocoee's notice of tax increase published in Thursday's paper, Orange County Property Appraiser Richard Crotty's letter dated September 15, 1993 with an attached chart illustrating the relationship between taxable value and millage rates, and copies of Ocoee's Certification of Taxable Value for 1989, 1990, 1991, 1992, and 1993. City Manager Shapiro explained how property taxes change as shown on the chart from Mr. Crotty and City Attorney Rosenthal said that if the rolled-back rate had been chosen the rate notice would not have read "tax increase." MOTIONS BY COMMISSIONERS FOR AMENDMENTS TO THE ADOPTED TENTATIVE BUDGET. Mayor Vandergrift, seconded by Commissioner Woodson, moved to reduce the budget by $58,666. On roll call Commissioner Combs voted "no," Commissioner Foster "no," Commissioner Johnson "no," Commissioner Woodson "aye," and Mayor Vandergrift "aye." Motion lost 3-2. Motion to adopt Resolution No. 93-11 setting the final millage rate. This resolution presenting the final millage rate at 4.0 mills was read in its entirety. Commissioner Foster, seconded by Commissioner Johnson, moved to adopt Resolution No. 93-11, establishing a millage rate for ad valorem taxes for the fiscal year 1993-1994 at the rate of $4.00 per $1,000 of assessed valuation. Comments by Citizens. There were no citizen comments at this time. Comments by Commission. There were no Commission comments at this time. Vote on motion to adopt Resolution No. 93-11 setting the final millage rate. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "no," and Mayor Vandergrift "no." Motion carried 3- 2. Motion to approve Resolution No. 93-12 adopting the final budget. This resolution was presented by title only.Commissioner Combs, seconded by Commissioner Johnson, moved to adopt Resolution No. 93-12, adopting a budget for the fiscal year 1993- 1994. Comments by Citizens. Mr. Jim Gleason, 856 Hammocks Drive, expressed disappointment, as he had attended the budget workshops, and he thought any changes to the budget should have been brought up at the workshops rather than waiting until the final public hearing on the budget. 1111i � � City of Ocoee Final Budget Public Hearing September 27, 1993 Comments by Commissioners. Commissioner Woodson responded that he would not say anything against Mr. Gleason. Mayor Vandergrift explained that he had tried to compromise, that he does not agree with having an Economic Development Coordinator and also he feels that 4 mills is a lot to pay for growth. Vote on motion to adopt Resolution No. 93-12 adopting the final budget. On rpll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Vandergrift "no." Motion carried 4-1. Announcement by Mayor Vandergrift of end of budget public hearing. Mayor Vandergrift announced the end of the budget public hearing. ADJOURNMENT The meeting adjourned at 8:00 p.m. Approved: Attest: City of Ocoee Marian Green, Acting City Clerk S. Scott Vandergrift, Mayor