HomeMy WebLinkAboutItem III (A) Acceptance and Approval of Minutes of Regular Commission Meeting of September 7, 1993 and Budget Public Hearing of September 13, 1993 AGENDA 9-21-93
D U ` Item III A
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MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR
MEETING HELD September 7, 1993
CALL TO ORDER
Mayor Vandergrift called the regular meeting of the Ocoee Board of City Commissioners to
order at 7:38 p.m. in the commission chambers. (The opening of the meeting was delayed due
to an accident in the parking lot involving Commissioner Johnson's vehicle.) The opening
prayer was led by Pastor Charles Story, Bride of Christ Church, and the pledge of allegiance
was led by Mrs. Frances Watts. 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, City
Engineer/Utilities Director Shira, Administrative Services Director Beamer
(arrived at 8:35 p.m.), Public Works Director Brenner, Planning Director
Behrens, and City Clerk Grafton.
ABSENT: None
PRESENTATIONS AND PROCLAMATIONS
Proclamation-Red Ribbon Week October 23-31 was read in its entirety.
CONSENT AGENDA
The consent agenda consisted of items A, B, C, D, E, F, G, H, I, J, K and L.
Commissioner Woodson, referring to item B, expressed concern about changing the polling
place and wished to determine that there was easy access for both districts. Mayor Vandergrift
was concerned that there would be enough parking area and that the change would confuse the
voters. Fire Station#2 is more easily accessible than the Spring Lake School Library which was
used last year and also provides more parking area as it is next to Vignetti Park. Each affected
registered voter will receive a notice in the mail of the change in polling place and it will be
advertised in the newspaper.
Commissioner Woodson, referring to item H, noted that on lots 7 and 8 of the Twin Lakes
Final Plat the easements take up most of the lot. City Engineer Shira advised that the storm
drain, sanitary sewer and force main easements were in place before the platting was designed.
He added that, although the kind of house the developer wants to build may not fit on the lot,
those are buildable lots.
Mayor Vandergrift raised questions on each consent agenda item as follows:
1) Item D-use of forfeiture funds for juvenile drug reduction. Does the school resource
officer have adequate pamphlets and fliers. Police Chief Boyd responded that he does.
2) Item E-repair of lightning damage to standby generators. What has been done to protect
in the future? It cannot be prevented.
3) Item F-one-year extension for Plantation Grove PUD proposed commercial shopping
center. Asked for explanation. City Manager Shapiro advised that the Publix Shopping Center,
the primary renter of the site on Maguire Road, had to make a decision whether they wished to
Ocoee City Commission Regular Meeting
September 7, 1993
be on the four corners intersection at Apopka-Vineland and Conroy Windermere Roads to use
that neighborhood for their store or on Maguire Road. They have now made their decision
based on a study that took the better part of a year and need more time to get started with the
project on Maguire Road.
4) Item G-second developer agreement for Westridge PUD. Asked if the City could not
collect the taxes on the property if this extension is granted. City Attorney Rosenthal explained
that taxes have nothing to do with this developer agreement as this relates to a revised land use
plan approved last year by Commission and since then the property was foreclosed and the
original owner took it back. This is the documentation of conditions of approval imposed by
Commission to get recorded in public records so that future owners of this parcel will know
what the governmental regulations are.
5) Item I-surplus property. Will the auction be advertised? Yes. Who is the auctioneer?
Ken Fisher. There will be viewing time before the auction.
At this point discussion ensued regarding the meaning and use of a consent agenda and
Mayor Vandergrift continued with his questions:
6) Item J-work order for Withers-Maguire House. How much was the total? $25,500. Can
there be tours during the festival? No, it will be a worksite.
7) Item K-Clarke Road construction administration contract with PEC. Thought we had
received all the bills on Clarke Road. This was the final bill for work that was done at our
request to be able to be finished with the intersection improvements.
NOTE: Commissioner Johnson had been in the parking lot briefly and upon returning to the
room advised Mayor Vandergrift that a blue car had just floated into the mayor's car due to the
heavy rain.
Mayor Vandergrift, seconded by Commissioner Foster, moved to accept the consent agenda
as presented. Motion carried 5-0.
The consent agenda:
A. Acceptance and Approval of Minutes of Regular Commission Meeting of
August 17, 1993, Budget Workshop Sessions of August 18 and August 19,
1993.
B. Approval and Authorization for City Clerk to Change Polling Place for District
4 in the Municipal Stand Alone Elections.
C. Approval and Authorization for Mayor and City Clerk to Execute Vote
Processing Equipment Use Agreement and Election Contract with Betty
Carter, Supervisor of Elections.
D. Approval and Authorization for Use of Forfeiture Funds for Juvenile Drug
Reduction.
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E. Approval and Authorization for Transfer from Contingency Repair of
Lightning Damage to Standby Generators.
F. Approval and Authorization for One-Year Extension for Final Subdivision
Plans for Plantation Grove PUD Proposed Commercial Shopping Center.
G. Approval and Authorization for Mayor and City Clerk to Execute Second
Developer Agreement for Westridge PUD.
H. Approval and Acceptance of Twin Lakes Woods Final Plat.
I. Approval and Acceptance of Declaration of Surplus Equipment and Notice of
Auction.
J. Consideration of Chalmers Yeilding Architect, Work Order #10 (Withers-
Maguire House Restoration).
K. Approval and Acceptance of Clarke Road - Construction Administration
Contract with PEC.
L. Approval and Authorization for St. Paul's Presbyterian Church Request for
Sixty Day Extension of Special Exception.
COMMENTS FROM CITIZENS/PUBLIC
At Mayor Vandergrift's request Mr. J.W. Taylor, General Manager of CVI appeared in order
to respond to questions regarding the recent acquisition of Telesat by CVI. Commissioner
Johnson expressed dissatisfaction about the rate change. Mr. Taylor advised that they would
have preferred to have more time to notify customers about the change but that the FCC moved
the date of the change forward from October 1 to September 1 and they had no choice. There
were questions from the audience and Commission to which Mr. Taylor responded.
Mrs. Kathy Van Wie, 1309 Hawthorne Cove Drive, Ocoee, asked that something be done
about the drainage culverts in the retention area and streets of Lake Olympia Subdivision, as the
openings are large enough to be a danger for children. City Manager Shapiro advised that City
Engineer Shira is working on a solution.
Mr. Thomas J. Prebee, 1004 Jamela Drive, Ocoee, pointed out that the current policy of not
picking up garbage on holidays is unfair to those who have Monday and Thursday service as
most holidays fall on Monday. He stated that on July 5 he expected the holiday to be observed
as usual and it was not, and that caused some consternation in his neighborhood. Mr. Prebee
asked that the City be consistent and that a solution be found to this problem, as citizens place
their garbage outside and it is scattered streetwide when it is not picked up.
Mr. Shapiro advised that there had been many calls regarding this issue and the pickup is
scheduled according to whether the County transfer station and landfill facilities are open to
receive the refuse as the City has no place to dump otherwise.
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Mr. Prebee asked also about the regulations regarding the parking of RV's and boats. Mr.
Shapiro advised Mr. Prebee to contact the Building Official's office and the Code Enforcement
Officer would check into any reported problem as the law requires that RV's and boats be
parked in certain locations on property.
Mrs. Frances Watts, 43 Shell Key Court, Ocoee, pointed out that the City's regulations
concerning garbage service require that the refuse be placed in closed animal proof containers,
and she asked if the City has considered getting containers similar to those used in Winter
Garden. City Manager Shapiro advised that it was planned to do just that as soon as the trucks
were paid for and one more is purchased.
Note: Administrative Services Director Beamer arrived at this point in the meeting. (8:35 p.m.)
RECESS 8:40 P.M. TO 8:50 P.M.
PUBLIC HEARINGS
Ordinance No. 93-15, relating to BellSouth Franchise.
This Ordinance was presented by title for the second reading and public hearing.
The public hearing was opened and, as no one wished to speak, the hearing was closed.
Commissioner Combs, seconded by Commissioner Johnson, moved to enact Ordinance No.
93-15, relating to the BellSouth Franchise. 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
Resolution No. 93-09, relating to Job Descriptions.
This Resolution was presented by title.
Commissioner Woodson, seconded by Commissioner Combs, moved to adopt Resolution No.
93-09, relating to job descriptions for Capital Project/Concurrency Analyst, Clerk Stenographer,
Economic Development Coordinator, and Zoning Coordinator. Motion carried 5-0.
APPOINTMENTS TO BOARDS.
Planning and Zoning Commission.
Commissioner Johnson, seconded by Commissioner Combs, moved to appoint Mr. Dan Draia
to complete Mr. Landefeld's term as alternate member on the Planning and Zoning Commission,
said term to expire February 1996. There followed a discussion during which Mr. Mark Slaby
addressed Commission requesting that his resignation from Code Enforcement be accepted in
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City Commission Regular Meeting
September 7, 1993
order for him to be considered for the position instead. Commissioner Johnson did not wish to
withdraw his motion. The motion as stated carried 5-0.
Code Enforcement Board - Mark Slaby was moved to regular seat July 6,1993. Need
appointment to complete his term as alternate which expires 1995.
This item was tabled at the August 3, 1993 regular meeting and as there have been no new
applications received from citizens desiring to serve on this board, by consensus this item was
not removed from the table.
General Employee Pension Board - Paul Lewis' two year term as Trustee expires October 12,
1993.
Commissioner Combs, seconded by Commissioner Johnson, moved to reappoint Mr. Paul
Lewis for another two year term as trustee for the General Employee Pension Board. Motion
carried 5-0. Mayor Vandergrift requested that Mr. Lewis complete an application for the file.
Award of the One-Person Recycling Truck and Adoption of Resolution No. 93-10.
Administrative Services Director Beamer reviewed the staff report, noting that all bids
contained technicalities, and recommended waiving technicalities. Ms. Beamer advised that the
notice of the recommendation and the date/time of the possible award has been sent to each
bidder with notice that any protest must be in writing to the Administrative Services Director.
To date one protest has been received and this is from Solid Waste and Recovery Systems, Inc.
Mayor Vandergrift asked if anyone present wished to comment or protest. There was no
response from the audience.
City Attorney Rosenthal read the title of Resolution No. 93-10, approving an equipment
lease/purchase agreement with Liberty National Bank and Trust Company of Louisville and
designating it as a qualified tax-exempt obligation. Mr. Rosenthal pointed out that Solid Waste
and Recovery Systems, Inc. did not include what they objected to in their protest and are not
present to speak to the issue.
Following a brief discussion on the details of the mileage and capabilities of the truck,
Commissioner Woodson, seconded by Commissioner Foster, moved to (1) waive all
technicalities so as to consider all bids submitted, (2) award Bid Number B93-011 the One-
Person Rec clip t Truck to the Dem.ster Com s an 1992 Demester Rec din. Truck for
$72,500, (3) award the leasing agreement to Liberty National Leasin' Company for four ears
at '.4 984.50 •uarterl I a ments in advance and an interest rate of 5.21% 4 ado.t Resolution
No. 93-10 which authorizes the purchase, and (5) authorize the Mayor and City Clerk to execute
all necessary documents. Motion carried 5-0.
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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 Woodson:
1) Mrs. Reese, 300 Lakeshore Drive, reported to him that a boat was pushing lily pads into
her area and he asked if the agency that is scheduled to remove the hyacinths from Starke
Lake has started already. Public Works Director Brenner will call the County and find
out when this is scheduled.
2) Advised that October 1 is the end of the time for summer attire for Commissioners at the
meetings, not September 1 (as believed by Commissioner Combs).
3) Asked Public Works Director Brenner about the progress on sidewalks on Orlando.
Public Works Director Brenner advised that he had been told that they were
finished, but he would check it out Wednesday.
Commissioner Combs:
1) Asked that the restoration of the grounds will be closely monitored for whatever is going
on at Orlando Avenue.
2) Suggested that Mayor Vandergrift could review the consent agenda with staff prior to the
meeting instead of taking the time in open meeting, as the type of discussion entered into
tonight defeats the purpose of a consent agenda.
Commissioner Foster: No comments at this time.
Commissioner Johnson:
1) Asked for a turn arrow at Silver Star Road/Clarke Road intersection. City Manager
Shapiro advised that this is a state decision but he would check out the possibilities.
Mayor Vandergrift:
1) Asked if the paving on Clarke Road was a special surface as it is dryer than other streets;
he suggested that such a substance be used in resurfacing. Public Works Director said
that this type of aggregate is not appropriate for resurfacing.
2) Wants a policy/ordinance or engineering decision on culverts or street drain openings that
children can get in. City Manager Shapiro will report on this.
3) Requested discussion on a letter he had distributed to Commission which he prepared to
send to Supervisor of Elections Betty Carter in response to her position regarding
municipal elections. City Manager Shapiro said that Florida League is researching for
another solution to the problem and that we should discuss this with other cities. City
Attorney Rosenthal advised that Orlando has determined that there will be no basis for
legal action against Ms. Carter's position.
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September 7, 1993
4) Asked about the signs on Clarke Road. Mr. Brenner said the state can do 3 line signs
and we had requested 6 lines, that we need to adjust and get back with them. Mayor
Vandergrift suggested going to tree signs instead of large ones.
5) Asked for progress report on City Hall. Architect and Contractor will be in scheduling
conference on Wednesday and work should begin shortly thereafter.
6) Announced Commissioner Woodson's appointment to Florida League of Cities Ethics and
Personnel policy committee for 1993-94.
ADJOURNMENT
The meeting adjourned at 9:55 p.m.
APPROVED:
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
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AGENDA 9-21-93
Item III A
D
MINUTESpF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS SPECIAL
SESSION FOR BUDGET PUBLIC HEARING HELD September 13, 1993
CALL TO ORDER
Mayor Vandergrift called the special session to order at 7:00 p.m. in the commission chambers
and upon calling the roll declared a quorum present.
PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Johnson and Woodson. Also
present were City Manager Shapiro, Assistant City Attorney Duke Woodson,
Administrative Services Director Beamer, Finance Manager Poston, Personnel
Director Psaledakis and City Clerk Grafton.
ABSENT: None
PUBLIC HEARING.
Mayor Vandergrift announced that this was a public hearing on the tentative budget and
proposed millage rate for the City of Ocoee, and that notice of this hearing was contained in the
Notice of Proposed Property Taxes mailed by the Property Appraiser. Mayor Vandergrift also
stated that the City Commission has previously set a proposed millage rate of 4.00 mills which
represents a 3.571% increase in millage over the rolled-back rate of 3.8621 mills, and he called
on the City Manager to briefly discuss the percentage rate 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 advised that the millage rate of 4.00 will cover the balanced budget and
includes a 3% cost of living increase, a return to the merit system, 3 firefighters on October 1,
3 additional firefighters April 1, 3 police officers, 1 detective, a clerk for City Clerk department,
Economic Development Coordinator, 3 people in P.P.T.D., several trucks, some park projects
and general work in the streets/sidewalks. Administrative Services Director Beamer added
that included also are the awards of $500 to each employee who worked for the City prior to
the budget reduction of February 1992 who will have continued to work with the City until
October 1, 1993, the $5,000 for park benches, $5,000 for creating/publishing/distributing the
city newsletter, and reclassification of the City Clerk from Grade 16 to Grade 17 with a 5% pay
increase.
COMMENTS BY CITIZENS.
Mr. R.P.Mohnacky, 1820 Prairie Lake Boulevard, made the observation that the cost of living
increase should not be a percentage of a person's salary, but rather a lump sum distribution with
an equal amount going to each employee. Mr. Mohnacky then raised the following questions.
(City Manager Shapiro's responses are underscored).
1) Are the added personnel actually needed or just going by some other city's average?
Several departments have been understaffed for some time and these employees are going where
they are needed to do the job.
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Ocoee City Commission Budget Public Hearing
September 13, 1993
2) What is a liaison police officer? An officer who works closely with the schools in
order to provide direct contact with the students.
3) What is the prime purpose of the Economic Development Coordinator? This person will
bring an opportunity for a better grade of employment for citizens.
4) Are you sure the computers listed are needed and are you training people to use them?
The only computers listed are those for actual present need to keep up with growth. The plan
is to compile a full computer program for use in the new building but that is not in this budget.
5) What is a Concurrency Analyst? This person is the policeman for the system
development in growth management.
6) Re: the cost of asphalt...Is there a better grade of asphalt you could use so the potholes
will not have to be repaired so often? Maybe for paving but not for resurfacing.
Comments by Commissioners.
There were no comments made by the Commissioners at this time.
Motions by Commissioners for amendments to the proposed tentative budget.
There were no amendments made to the proposed tentative budget. Therefore there was no need
to recess to recompute the proposed millage rate.
Motion to adopt the tentative millage rate.
Commissioner Johnson, seconded by Commissioner Combs, moved to adopt a tentative
millage rate of 4.0 mills for the fiscal year beginning October 1, 1993 and endin' Se I tember
30, 1994. There were no comments from the citizens. However, a discussion ensued at the
table regarding whether retaining 4 mills constitutes an increase in taxes. On roll call
Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye,"
Commissioner Woodson "aye," and Mayor Vandergrift "no." Motion carried 4-1.
Motion to adopt the tentative budget.
Commissioner Foster, seconded by Commissioner Johnson, moved to adopt the tentative
budget. There were no comments from citizens or Commissioners. On roll call Commissioner
Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner
Woodson "aye," and Mayor Vandergrift "aye" Motion carried 5-0.
Motion to schedule the public hearing on September 27, 1993 at 7:00 p.m. in the
community center to adopt the final millage rate and budget.
Commissioner Woodson, seconded by Commissioner Combs, moved to schedule the public
hearin. on Se•tember 27 1993 at 7:00 •.m. in the communi center to ado et the final milla.e
rate and final budget. Motion carried 5-0.
Mayor Vandergrift closed the public hearing and announced the time and date of the public
hearing to adopt the final millage and the final budget.
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Ocoee City Commission Budget Public Hearing
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September 13, 1993
ADJOURNMENT
The meeting adjourned at 7:25 p.m.
APPROVED:
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor