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III (A) Approval and Acceptance of Minutes of City Commision Regular Meeting of September 17, 1996 and Special Budget Session of September 18, 1996 AGENDA 10-02-96 Ii:.\ item III A MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD SEPTEMBER 17, 1996 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commission chambers. Commissioner Anderson 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 Anderson, Glass, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Police Chief Mark, Building Official Flippen, Recreation Director Beech, Senior Planner Horne, Capital Projects/Concurrency Analyst Resnik,Consulting Attorney Barice, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS PRESENTATIONS DEREK J. BLAKESLEE - WEST ORANGE CHAMBER OF COMMERCE. Mr. Derek Blakeslee announced that Rob Nordin, Executive Director of the West Orange Chamber of Commerce, has submitted his resignation. Mr. Blakeslee expressed the Chamber's appreciation for the City's support and said that a committee has been formed to do a local search for his replacement and they are hoping to have a new director on board January 1. FREDERICK H. NELSON AND OTHERS, LIBERTY COUNSEL. Mr. Mathew Stayer, President and General Counsel of Liberty Counsel, representing Pamela Sue Jones and Marsha Muller in the lawsuit against the City of Ocoee regarding the literature distribution, addressed Commission regarding the existing and proposed ordinances. City Attorney Rosenthal responded to Mr. Stayer's remarks, and advised that copies of the proposed ordinance would be provided for his firm prior to adoption. Mayor Vandergrift announced that the meeting was being televised by West Orange TV, a group of high school students and adult students from West Orange Vo Tech, who had asked that he announce that they would be televising the Friday night football game between West Orange High and Apopka High School on Wednesday night. PROCLAMATIONS Mayor Vandergrift read the following proclamations: 1. Domestic Violence Awareness Month - October 1996. 2. Constitution Week - September 17 - 23, 1996. CONSENT AGENDA " The consent agenda consisted of item A. Conunissioner Gleason, seconded by Commissioner Anderson, moved to approve the consent agenda as presented. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of September 3, 1996 and Special Session of September 5, 1996. I 12 Ocoee City Commission Regular Meeting September 17, 1996 COMMENTS FROM CITIZENS/PUBLIC Mr. David Milton, 21 West Ohio Street, spoke against an increase in taxes. City Manager Shapiro advised Mr. Milton that there was a disagreement on the dais about whether keeping the same millage rate constituted an increase in taxes, but that the proposed millage was the same as last year. Mrs. Nancy Parker, 6748 Sawmill Boulevard, asked questions regarding the following issues and Mr. Shapiro's response is underscored: 1) The paving status of the entry to the horse farm. Will ask for a report. 2) The easement. The survey was done but nothing else. Will ask for a report. 3) There are several street signs down. Call 877-8420 and Judy Henry will schedule replacement of the signs. 4) For animal problems should they call Orange County Animal Control? Yes, but they are understaffed and underfunded. A citizen should call the City Manager and he will put the message through. 5) Reported on the Housing Industry Concerns Central Florida Homeowners Task Force, and advised that the attorneys who presented the seminar in May would like to present a second seminar on wills, etc. Call City Clerk's office to schedule the use of the Commission Chambers and Mayor Vandergrift suggested she coordinate with WOTV to. have the meeting recorded and broadcast. 6) Reported that the Sawmill petition to get the Zip Code changed was over half done. PUBLIC HEARINGS SECOND READING: ORDINANCE NO. 96-14, RELATING TO A MORATORIUM ON CELLULAR COMMUNICATION TOWERS. This Ordinance was presented by title only for the second reading and public hearing. Senior Planner Horne introduced Consulting Attorney Carole Barice and then gave the staff report, advising that the Planning Department had recently received a request to place six wireless antennas on existing towers/buildings in Ocoee over the next year. As they were already in the process of researching the issue, they had learned that there were several problems that would take time to work out and were asking that this Ordinance placing a 180 day moratorium on the acceptance and the issuance of approvals of zoning applications and building permits for the new construction of towers and antenna sites be adopted. The public hearing was opened. Mr. Mark Schuh, 2400 Maitland Center Parkway, Maitland, representing AT&T Wireless Services, said that 180 days was an unreasonable time to delay and that the moratoriums placed by other cities were for less time and they were permitting in the meantime. 2 m C� Ocoee City Commission Regular Meeting September 17, 1996 Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked how close to residential areas the zoning that allowed towers would be and if the towers would be marked with blinking lights. Mr. Schuh responded that any tower must be at least 300% of its height away from a single family residence, regardless of whether it is within the city limits or not; and that all towers must be approved by the FAA and if they are lit it is a blinking light at night. Ms. Sheryl Stafford Jones, 455 Douglas Avenue, Altamonte Springs, said that she had sent a letter to the Commission asking that they not keep co-location from going forward during the moratorium. City Manager Shapiro said that the reason for the moratorium was that no one had a reason for the existing towers to be where they are and to add more towers to a non-plan would complicate the issue even more. The public hearing was closed. Commissioner Anderson, seconded by Commissioner Glass, moved to adopt Ordinance No. 96-14, imposing a 180 day moratorium on the acceptance and the issuance of approvals of zoning applications and building permits for the new construction of towers and antenna sites as staff requested. Motion carried 5-0. OTHER BUSINESS FIRST READING: The second reading and public hearing will be October 2, 1996 at 7:30 p.m. ORDINANCE No. 96-17, RELATING TO OCCUPATIONAL LICENSE TAX, AMENDING CH.119-5 REGARDING GASOLINE FILLING STATIONS. 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 explained that this Ordinance reduces the occupational license fee for gasoline filling stations from a charge per nozzle/hose to a charge per pumping station. ORDINANCE NO. 96-18, AMENDING CH. 143, RECYCLING, TO PROVIDE THAT COMMERCIAL RECYCLING VENDORS CLEARLY MARK THEIR CONTAINERS FOR RECYCLABLE MATERIALS ONLY. 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 explained that all cities are having a problem with clearly marking the commercial recycling containers. ORDINANCE No.96-19,RELATING TO THE GENERAL EMPLOYEES' RETIREMENT TRUST 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 both this Ordinance and the next one are to incorporate changes required by the state statutes. 3 Ocoee City Commission Regular Meeting September 17, 1996 ORDINANCE No. 96-20, RELATING TO THE POLICE OFFICERS'/FIREFIGHTERS' RETIREMENT TRUST 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. DISCUSSION/ACTION RE: RESOLUTION No. 96-25, RELATING TO CONCURRENCY MANAGEMENT REPORT. This Resolution was presented by title only. Capital Projects/Concurrency Analyst Resnik gave the staff report, explaining that the report is the same as the Draft Report she presented at the last meeting. Mayor Vandergrift, seconded by Commissioner Glass, moved to adopt Resolution No. 96-25 relating to the Concurrency Management Report. Motion carried 5-0. DISCUSSION/ACTION RE: RESOLUTION No. 96-26, REGARDING PROSECUTION OF CITY ORDINANCE VIOLATIONS IN COUNTY COURT. This Resolution was presented by title only. City Manager Shapiro advised that the concept behind this Resolution was proposed at the Tri-City Meeting several months ago by Attorney Ross and the cities had agreed at that time to adopt such a resolution. Commissioner Glass, seconded by Commissioner Anderson, moved to adopt Resolution No. 96-26 regarding prosecution of City Ordinance violations in County Court. Motion carried 5-0. APPOINTMENTS TO BOARDS: GENERAL EMPLOYEES' RETIREMENT TRUST FUND: TANYA MILLER/ MCCALLISTER -TERM EXPIRES SEPTEMBER 30, 1996. As Mrs. Miller/McCallister had requested that she not be reappointed to this position due to her heavy schedule, Commissioner Glass, seconded by Commissioner Anderson, moved to appoint Mr. Daniel R. Murphy to serve a two year term on the General Employee Retirement Trust Fund Board with said term ending September 30, 1998. RECREATION BOARD: GORDON APPLEGATE, CHRIS CALDWELL, WILLIAM CHAMBERS, M.L. "SKIP" DAVIS, NANCY REILLY-TERMS EXPIRE OCTOBER 1996. Commissioner Gleason, seconded by Commissioner Johnson, moved to reappoint Gordon Applegate, Chris Caldwell, William Chambers, and Nancy Reilly and to appoint Mary Barber (to serve in the position vacated by Mr. Davis) to serve a two year term on the Recreation Advisory Board, said terms ending October 1998. STAFF REPORTS There were no staff reports at this time. 4 m LEA Ocoee City Commission Regular Meeting September 17, 1996 COMMENTS FROM COMMISSIONERS Commissioner Johnson: 1) Thanked all for their concern over his son, Mark's, recent accident and injuries, and reported that he is doing well although he is in a wheelchair for a while. 2) Reported that Floral Street needs to be patched. Commissioner Anderson: 1) Asked when the boat ramp would be finished. About 3 weeks. 2) Expressed concern about the alignment of the left turn lane at Hwy 50 and Clarke Road. City Manager Shapiro said they are not finished with the striping yet. Commissioner Glass: 1) Thanked Jaycees for covering the telephone during Commission meetings and he encouraged other organizations or private citizens to take part in this community service. Commissioner Gleason: 1) Announced the RSVP number: 656-2218. 2) Asked that something be done about the appearance of the corner of White Road/Clarke Road. City Manager Shapiro advised that if the County does not take care of it before the opening he would see that it was cleaned up. 3) Said Mr. Gallagher in District 1 had asked when Sullivan ditch would be taken care of. Mr. Shapiro advised that he would find out and report. 4) Said that 41 applications for the position of City Manager had been received so far and he moved to ask City/County Managers or Institute of Government to see what is involved in screening the applications for Commission review and make a proposal. The motion died for lack of a second. Mayor Vandergrift: 1) Asked for report on the Girls' Club. Mr. Shapiro advised there was some positive movement but he did not want to publicly discuss it prematurely. 2) Reported that water was pouring out of the drainage main manhole on the NW side of Sawmill. Mr. Shapiro said he would report it to City Engineer Shira. 3) Advised that some time ago a citizen asked him why the City was paying $700 per load to haul off sludge and other cities pay $200. Mr. Shapiro said City Engineer Shira would report. 4) Asked if the police patrol had been increased in Sawmill. Chief Mark will report on activity in that area. 5) Asked about the park for the Sawmill area. Mr. Shapiro said he is still looking for sites and will report back. 5 Ocoee City Conunission Regular Meeting September 17, 1996 6) Asked that the blinking traffic lights at the Mall intersections be turned on as full traffic lights immediately because of the difficulties with traffic already. Mr. Shapiro advised that they will probably be on for the opening but that they have to remain blinking for a specific number of days first. 7) Suggested that Sawmill could put their own patrol in that area with cellular phones and cooperate with the City. 8) Advised that Mr. Foglesong, Rollins College, was looking for a space to have a meeting regarding Raising Children in the '90s. It was determined that the commission chambers would be an ideal location and Mr. Foglesong should contact the City Clerk's office to arrange a date. ADJOURNMENT The meeting adjourned at 9:25 p.m. APPROVED: Attest: City of Ocoee, Florida Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 6 AGENDA 10-02-96 - � m [IA � � Item III A MINUTES OF THE OCOEE CITY COMMISSION SPECIAL BUDGET SESSION HELD SEPTEMBER 18, 1996 CALL TO ORDER Mayor Vandergrift called the Special Session to order in the commission chambers at 7:00 p.m., and, after calling the roll, announced that a quorum was present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Gleason (arrived at 7:02 p.m.), and Johnson. Also present were City Manager Shapiro, City Attorney Woodson, Personnel/Employee Relations Director Psaledakis, Finance Director Horton, Finance Supervisor Carter, and City Clerk Grafton. ABSENT: None PUBLIC HEARING Mayor Vandergrift announced that this was an advertised public hearing to finalize the budget and adopt a final millage rate. He stated that this Commission had previously approved a tentative millage rate of 4.0 mills which represents a 8.1081% increase in millage over the rolled-back rate of 3.7 mills. Finance Director Horton stated that the proposed millage rate of 4.0 mills to fund the budget proposed for Fiscal Year 1996-1997 will generate revenue to be used for: • the purchase of the citywide computer system, • increase in personnel and equipment in the Police, Fire, Inspections, Planning, City Clerk and Public Works departments for increased service delivery, • making substantial improvements to the parks throughout the City and provide funding for the construction of the Recreation Facility, • funding to acquire a Public Works Facility, • resurfacing portions of Orlando Avenue and Professional Parkway, • acquiring bathrooms for Starke Lake, and • paying debt service on the 800 MHz radio system used citywide. Mayor Vandergrift asked for comments from citizens and no one wished to speak at this time; nor were there any Commission comments. NOTE: As there were no motions for amendments to the millage rate, a recess was not needed to recompute the rolled-back percentage increase in millage. ORDINANCE No. 96-15, SETTING A FINAL MILLAGE RATE Commissioner Anderson, seconded by Commissioner Johnson, moved to adopt Ordinance No. 96-15. setting the final millage rate of 4.0 mills for Fiscal Year 1996-1997. City Attorney Woodson read the title of the Ordinance. Before calling for the vote, Mayor Vandergrift asked 11 L-A Ocoee City Commission Special Budget Session September 18, 1996 for any further comments from the citizens or Commissioners and no one wished to speak. Motion carried 4-1 with Mayor Vandergrift voting no. ORDINANCE No. 96-16, ADOPTING THE FINAL BUDGET. City Attorney Woodson read the title only of this Ordinance. When Mayor Vandergrift called for citizen comments, Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked for clarification on a number of items and ended his discussion with a recommendation to reduce the garbage pickup service from twice weekly to once weekly. City Manager Shapiro responded to his questions and stated for the record that Ocoee has the highest percentage of recycling in this area. There was discussion about a new drive to encourage even more citizen participation in recycling. There were no other citizen comments. Commissioner Glass asked Ms. Psaledakis whether the funds had been put in the budget to adjust the Mayor/Commission salaries, as it was his understanding that there was a Charter requirement for a waiting period before funding would be appropriate, and he was advised that item would be in the 1998 budget. There were no other Commission comments at this time. Commissioner Anderson. seconded by Commissioner Glass, moved to adopt Ordinance No. 96- 16. adopting a final budget for the Fiscal Year beginning October 1, 1996 and ending September 30, 1997. Mayor Vandergrift asked for further comments from citizens and Commissioners, and no one wished to speak. Motion carried 5-0. Commissioner Gleason apologized to Mayor Vandergrift for his statement made in anger at the last meeting. Mayor Vandergrift announced the end of budget public hearing. ADJOURNMENT The meeting adjourned at 7:23 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 2