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V(A) Approval and Acceptance of Minutes of City Commission Regular Meeting of April 6, 2004, Final Budget Minutes of September 24, 2003, and Minutes of Work Session Called by Scott Anderson of September 22, 2003 DRAFT MINUTES OF THE OCOEE CITY COMMISSION WORK SESSION HELD SEPTEMBER 22, 2003 CALL TO ORDER Commissioner Anderson called the Budget Work Session to order at 6:45 p.m. in the Commission Chambers at City Hall. Because he had missed the workshop, he invited the Officials to come and express their concerns regarding the budget prior to the final budget meeting. PRESENT: Mayor Vandergrift, Commissioners Anderson and Johnson. Also present were City Manager Gleason, City Clerk Grafton, Development Director Wagner, Building Official Phelps, Public Works Director Wheeler, Information Systems Director Ross, Police Chief Goclon, Chief Communications Supervisor Simanski, Support Division Chief McNeil, and Human Resources Director Diedrich. ABSENT: Commissioners Howell and Parker. REVIEW AND DISCUSS: BUDGET FY 2003-2004. Commissioner Anderson stated his concern with the need for road resurfacing and sidewalk improvements. He further stated he would like to see more repairs done. He requested that the City Clerk direct his inquiries to the appropriate department directors for a response. A review of the book began at page 2-1, whereas he noted the proposed and projected budget revenue for FY 2002-2003 was $1.7 Million. However, in FY 2003-2004 the proposed revenue was $2.669 Million, which represents an 8% increase. He expressed that the solid waste utility fund was being allotted an additional $1 Million compared to previous years and he asked for an explanation as to why. Public Works Director Wheeler directed the Commission to page 7-1 and proceeded with a showing of the beginning balance and cash carried forward amount for the solid waste program. In previous years, this amount was zero. However, since the program is being phased out and upon approval of the Commission, they have pulled the reserve funds of $800, 000 over to the cash carried forward line item. On page 3-5, Graph of Expenditures, Commissioner Anderson expressed concern that the personnel cost of the Fire Department was 24% and the Police Department was 32.9%. However, looking at the breakdown of operating costs for each department, Fire is 9.8% and Police is 16%. He asked why the percentage totals are not consistent with each other. Police Chief Goclon replied that their operating costs are minimal compared to their personnel costs in the overall budget. On page 3-1, Total General Fund Expenditures, Human Resources Director Diedrich showed that personnel costs and operating costs are two different things; they do not match. Discussion ensued until the question was answered. DRAFT Ocoee City Commission Work Session September 22, 2003 On page 4-62, Commissioner Anderson asked if line item number 4 represented the new fire station. Public Works Director Wheeler responded that our facilities maintenance department was taking over all maintenance contracts within the City. On page 6-11, item 7200, Commissioner Anderson inquired why operating expenses have raised substantially since last year. Public Works Director Wheeler responded that the rise in personnel costs resulted in a rise in medical coverage, etc. for the additional employees. Commissioner Anderson asked Information Systems Director Ross if the budget amount for computers and laptops was sufficient. He stated he felt the figures were too high. Information Systems Director Ross assured Commissioner Anderson that he budgeted high due to contract pricing and expected a 10-15% savings for multiple purchases, etc. Commissioner Anderson proceeded with his concern of an $8,000 purchase of a laser printer/copier by finance, even though they have a laser printer in their budget for next year. Information Systems Director Ross explained that the budgeted printer was for check printing at the water counter; and checks could not be printed on the copier. Mayor Vandergrift expressed his concerns for the increased funding that would result from the three new positions of battalion chief in the Fire Department. Human Resources Director Diedrich explained that each battalion chief would be responsible for several management duties of an entire shift. Support Division Chief McNeil mentioned that the City of Ocoee was the only municipality in the area without the position of battalion chief, and according to NFDA Standards No. 1710, the City of Ocoee is required to have an intimate commander responding in his own vehicle on the initial dispatch with his own crew to take control of the response. Human Resources Director Diedrich stated that the City would be promoting from within for these positions. Support Division Chief McNeil discussed the shift requirements with Mayor Vandergrift. ADJOURN The meeting adjourned at 7:15 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor . DEIAFT MINUTES OF THE OCOEE CITY COMMISSION REGULAR SESSON HELD APRIL 6,2004 CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:20 p.m. in the Commission Chambers in City Hall. Commissioner Anderson led in prayer and Max Jacobs led in the Pledge of Allegiance to the Flag. City Clerk Grafton called the roll and declared a quorum present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were Acting City Manager Williford, Assistant City Attorney Cookson, Assistant to the City Manager Shira, City Clerk Grafton, Building Official Phelps, Community Development Director Wagner, Finance Director Horton, Fire Chief Strosnider, Human Resources Director Diedrich, Parks/Recreation Director Farmer, Principal Planner James, Police Chief Goclon, Public Works Director Wheeler, Deputy Public Works Director Zaitooni, and PEC Consultants Ken Hooper and Stephanie Chang. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Proclamation—Call Before You Dig Month. (Public Works Director Wheeler) Presentation -Recognition of Janet Shira For Orange County's Mentor of the Year—Dian Hooper. Dian Hooper, Ocoee Elementary School, announced that Janet Shira had been named Orange County's Mentor of the Year, and she listed the many things Mrs. Shira has done to earn that title. Mrs. Hooper expressed appreciation for all that Mrs. Shira has done in the Read2Succeed program and her special contributions in student mentoring. COMMENTS FROM CITIZENS/PUBLIC State Representative Randy Johnson introduced Mayor Vanderley and Louis Rotundo and then reported on the proposed widening of SR 50. He also announced a public meeting at Tanner Hall in Winter Garden scheduled for Wednesday at 5:00 p.m. where the details of the project will be on display. Frances Watts, 43 Shell Key Court, wished all a Happy Easter and announced the Senior Picnic scheduled for April 15. Amy Scott,president of Ocoee Elementary PTA, addressed two concerns: (1)the condition of the sidewalk on Orlando Avenue, and (2)the need to be notified if/when there are dangerous folks in the neighborhood. Acting City Manager Williford said he is already working on this with Chief Goclon and would meet with Principal Johnson to work out the details. Commissioner Parker and Peggy Isaacson announced the Rotary Club plans for the Fishin' Fest April 24 at 9:00 a.m. at Stark Lake. Ocoee City Commission Regular Session DRAF7 April 6,2004 Mayor Vandergrift announced that Assistant City Attorney Scott Cookson was representing Foley& Lardner at this meeting in Paul Rosenthal's absence. Bob Johnson, 423 Tranquille Oaks, encouraged the Commission to do a diligent search for a City Manager and he volunteered to assist as part of a citizen panel or search team. Jose Iglesias, 400 Misty Meadows Drive, raised several questions regarding items on the consent agenda and made suggestions regarding the City Manager's relationship with the Commission. Billy Flanigan,president of the Homeowners Association for Coventry, 2708 Coventry Lane, asked for help for the illumination of their entry signs. Consensus was reached to direct Deputy Public Works Director Zaitooni to work with Mr. Flanigan and bring back a report. Bill Murray, Orlando Memorial Gardens, addressed the Commission about his firm's offer to the citizens of Ocoee for a discounted rate for cemetery spaces and a veteran's benefit that entitles them to a space in their Patriots section at no cost. He listed other benefits in their program and described the Memorial Garden's location as being on Ingram Road off Clarcona- Ocoee Road. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Howell thanked Mr. Skiles for his years of service on the Code Enforcement Board. Commissioner Johnson said he had received an e-mail message from a citizen regarding the intersection at Blackwood/SR50 and he advised her that Deputy Public Works Director Zaitooni would be getting in touch with her. Mayor Vandergrift added that he would like to see the light put up at Blackwood/Old Winter Garden Road, as that is a very difficult intersection. Mr. Zaitooni said that, as part of the reconstruction of Old Winter Garden Road, within the first 90 days there will be a temporary signal installed and later the permanent signal will be put in; but he was trying to expedite that. Discussion of Visioning Process and Scheduling of Facilitator. (Commissioner Parker) Commissioner Parker asked that Gequita be authorized to move forward with making appointments with Lyle Sumek Associates, Inc. for the elected officials, so that the opportunity to continue the visioning process would not be lost. After a brief discussion, without objection, this direction was given. Commissioner Parker said during the Political Forum the question was raised about water draining directly into Lake Johio. She had asked Mr. Zaitooni to check into it and he has been working with FDOT. They have agreed there is a problem and FDOT will install a system of filters to address that concern. Mayor Vandergrift read an e-mail from Garry Thomas commending the Ocoee Police Force and especially Officer Bill Simon, for the way they handled an incident in which his family was victimized. Mr. Thomas asked that his letter be put in Officer Simon's personnel file. Page 2 of 14 Ocoee City Commission Regular Session G../ R A F U April 6,2004 CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, G, H, I, and J. Commissioner Howell, seconded by Commissioner Anderson, moved to pull items D and E for separate consideration. Motion carried 4-0. Commissioner Parker was away from the dais. Commissioner Johnson, seconded by Commissioner Anderson, moved to pull item B for separate consideration. Motion carried 5-0. Commissioner Howell, seconded by Commissioner Anderson, moved to approve items A, C, F, G, H, I and J as presented. Motion carried 5-0. A. Approval and Acceptance of Minutes of the Canvassing Board of March 10, 2004, City Commission Regular Meeting of March 16,2004, and Special Session of March 22,2004. (City Clerk Grafton) B. This item regarding awnings was pulled for separate consideration. See below. C. Approval and Authorization of$44,995.00 from the Stormwater R& R Funds ($15,750) and the Stormwater Contingency Funds ($29,245) for Final Design and Permitting of the Center Street Stormwater Pond; and Authorize Professional Engineering Consultants (PEC) to Proceed with the Final Design and Permitting. (Deputy Public Works Director Zaitooni) The preliminary/conceptual design of the Center Street ditch has already been completed by PEC and Orange County has acquired the necessary right-of-way for the construction of the stormwater facility. It is anticipated that the design and permitting phase of the project will be completed by the end of the current fiscal year. Funds for the design and permitting are available from the Stormwater R&R Funds and the Stormwater Contingency Funds. D. This item regarding funding of temporary positions was pulled for separate consideration. See below. E. This item regarding Change Order No. 4 for Fire Station was pulled for separate consideration. See below. F. Approval and Authorization of the Vulnerability Assessment Services to Hartman & Associates,Inc.; and Authorization for Mayor and City Clerk to Execute the Consulting Agreement for the Vulnerability Assessment Services Between the City of Ocoee and Hartman & Associates,Inc. in the Amount of $24,500. (Public Works Director Wheeler) Staff recommends Hartman&Associates, Inc. as the highest ranked firm and the firm with which they should negotiate a more defined scope of services and cost for those services. Hartman&Associates has estimated that the water treatment system vulnerability assessment will cost$24,500 and will be completed no later than June 30,2004. This estimated cost is within the budgeted amount projected in this fiscal year's budget. G. Approval and Authorization of Expenditure of Funds in the Amount of $104,225.78 to Pay for the Installation of Permanent Underground Electrical Service for the New High School and the Wastewater Lift Station to Progress Energy Florida,Inc. on the Ocoee Crown Point PUD Phase I Infrastructure Project. (Public Works Director Wheeler) The cost of this permanent underground electrical power service is $104,225.78 and needs to be paid up front to Progress Energy Florida, Inc. This expense will be charged to the Ocoee Crown Point project fund. Page 3of14 DRAFT Ocoee City Commission Regular Session April 6,2004 H. Approval and Authorization for Transfer of Funds from Water Operating- Reserve for Contingency to Water Operating-Capital Improvements to Pay for the Water Main Repair and Associated Road Repair of Maguire Road; and Authorization for the Expenditure of Funds, in the Amount of$24,982,to be Paid to H.B & Company Service, Inc. for the Water Main Repair. (Public Works Director Wheeler) H.B. &Company Services,Inc, performed work during the night of February 26th on a 12- inch water main under Maguire Road north of SR 50. The cost of the repair was $24,982.00 and since the Maguire Road Project is out of warranty the project will have to be funded from Water Operating-Reserve for Contingency. Funds will need to be transferred into Water Operating-Capital Improvements. I. Approval and Authorization to Waive the Bidding Process for the Transfer of$26,021 from Wastewater R& R to the Wastewater Operating—Capital Improvements Account for the Emergency Repairs to Lift Station#14. (Public Works Director Wheeler) Lift Station#14 located at 1347 '/2 Olympia Park Circle has the potential for back-flooding conditions in homes that are in close proximity to its station. The following vendors have provided staff with the most reasonable prices and the best technical solutions to the existing problem: Barney's Pumps,Inc. will provide the pumps and the rail systems at a cost of $18,521.00 and J&H Water Stop Inc.will do the installation at the charge of$7,500.00 for a total cost of$26,021.00. J. Approval and Authorization of Traffic Enforcement Agreement with City of Ocoee and the Wesmere Maintenance Association,Inc.; and Authorization for Mayor and City Clerk to Execute Agreement. The City of Ocoee had previously entered into a traffic enforcement agreement with the Wesmere Maintenance Association,Inc.;the agreement's term was for two(2)years and has expired. Currently there is not an agreement with the Wesmere subdivision. Without the agreement,traffic complaints within the subdivision are going unresolved. Staff recommends the City Commission renew the traffic enforcement agreement between the City of Ocoee and the Wesmere Maintenance Association, Inc. for a term of two(2)years. After the recess (below)Mayor Vandergrift asked that staff bring back a report to lengthen this agreement in item J in perpetuity rather than having to negotiate it every two years. Without objection, this direction was given with the intention to include all other agreements of this nature. Item B. Approval and Authorization of$4,950.00 for Purchase of Awning from Elite Awning,Inc. for City Hall Main Entrance (West Side) and Police Department Main Entrance (South Side); and Authorize Transfer of$4,950.00 from the Public Works, Facilities Maintenance Operating Account 4602 to Capital Purchase Account 6400. (Deputy Public Works Director Zaitooni) Staff received three(3)quotes and recommends Elite Awning,Inc. for the purchase of a 14x16 awning for City Hall main entrance and 10x15 awning for Police Department main entrance. Funds for the purchase of the proposed awnings are available from the Public Works,Facilities Maintenance operating funds(Account 4602). Page 4 of 14 Ocoee City Commission Regular Session '�Vr April 6,2004 Commissioner Johnson said in an earlier discussion this Commission had elected to have wood (or hardiboard) awnings, not aluminum, and they were to be the same color as the building. Mr. Zaitooni said he could bring this back at a later date. No action was taken on this item. Item D. Approval and Authorization for Funding of Temporary Positions, Overtime, and Records Retention in the Building Division from Capital Reserve Funds. (Building Official Phelps) The proposed positions are plans examiner, inspector and clerk as required to conduct required inspections and services. It is estimated that an amount of$115,000 should cover such cost for the remainder of this fiscal year. Commissioner Howell asked if the positions are being advertised other than on OGTV and the Website and whether there was a job description in place. Building Official Phelps responded yes and that he had been told by Finance Director Horton he should increase the contract amount for PEICO. He asked for authorization to enter into a contract with another company if necessary, as PEICO was slowing down in their response time. He said he had asked for funds from Contingency or such other funds as may be available, that the revenues are coming in to meet this need, but the amount was not budgeted. Mrs. Horton clarified this, saying there was $200,000 to be transferred into a Capital Reserve account and she suggested transferring just$100,000 of that amount to the Building Division and that will not affect the Contingency fund. Commissioner Howell, seconded by Commissioner Johnson, moved to authorize the expenditure of the funds as requested, and to increase the amount of the contract with PEICO (or whatever agency they pick). Motion carried 4-1 with Commissioner Anderson voting no. Item E. Approval and Authorization of Change Order No. 4 for New Fire Station Building to Wharton-Smith for the Sum of$15,089.22 from Contingency Funds. (Fire Chief Strosnider) During the construction of the new building, items have been added or deleted due to various reasons of construction. Commissioner Howell said he had his questions answered in the conference room by Chief Strosnider,then, seconded by Commissioner Anderson,moved to approve item E as presented. Motion carried 5-0. RECESS 8:57—9:08 P.M. This item was taken out of agenda order. Discussion Re: Update on McKev Street Project. (Assistant to the City Manager Shira) Assistant to the City Manager Shira presented an update on the McKey Street project, giving the timeline, and describing some of the specifics of the design. She pointed out the FDOT grant money will not reimburse the City for planters,benches and waste receptacles, and she asked that those be included in the upcoming budget. Mrs. Shira described the mast arms for the Page 5of14 tirOcoee City Commission Regular Session DRAFT April 6,2004 traffic signals and the incentive (reimbursable by FDOT to the City) to be offered to the contractor to finish the project three weeks ahead of schedule. Without objection, staff was directed to include the street furniture in the upcoming budget and to work with the incentive clause. PUBLIC HEARINGS Second Reading of Ordinances Maguire Road Pumping Station,Project#AR-04-02-15. (Community Development Director Wagner) Community Development Director Wagner gave the staff report for this project and displayed the details on the overhead. He noted the address of the property is 932 Maguire Road, and it is located just 1/4 mile north of the intersection of Maguire and Moore-Roberson Roads on the west side of the roadway. The City of Ocoee, as the property owner and the applicant, wishes to build a reclaimed water booster pump station to enhance the use of reclaimed water for irrigation. In addition to the pump station,the rear portion of the site will be used for a reuse water storage tank to be constructed in the future. Both the booster pump facility and the storage tank use are defined as an"essential service(s)"under Subsection 5-7 A. of the Ocoee Land Development Code. The subject property is designated"Professional Offices & Services" on the Joint Planning Area (JPA)Land Use Map. The City of Ocoee, as the applicant, has requested an Ocoee initial zoning classification of"Professional Offices & Services". This initial zoning is consistent with the JPA Land Use Map designation and surrounding properties. Based on the recommendation of the Development Review Committee and the Planning & Zoning Commission, Staff recommends the Mayor and City Commissioners adopt Annexation Ordinance#2004-06 and Ordinance# 2004-07 establishing the initial zoning of P-S: "Professional Offices & Services", and the approval of the "essential use" for the booster pump station&reuse water storage tank under Subsection 5-7 of the Ocoee LDC. Ordinance No. 2004-06-Annexation Mayor Vandergrift asked questions to which Public Works Director Wheeler responded. Assistant City Attorney Cookson read the titles only of these ordinances later in the meeting. The public hearing was opened. Jose Iglesias, 400 Misty Meadows Drive, asked about the cost. The public hearing was closed. Commissioner Johnson, seconded by Commissioner Anderson, moved to adopt Ordinance No. 2004-06 annexing this parcel. Motion carried 5-0. Page 6 of 14 Ocoee City Commission Regular Session DRAFT April 6,2004 Ordinance No. 2004-07-Initial Zoning The public hearing was opened. Assistant City Attorney Cookson stated all public comments made regarding the project are carried forward to this public hearing. The public hearing was closed. Commissioner Anderson, seconded by Commissioner Johnson, moved to adopt Ordinance No. 2004-07,rezoning the parcel to Professional Offices and Services. Motion carried 5-0. Public Use The public hearing was opened and was closed without further comments added to those brought forward from the previous public hearings. Commissioner Anderson, seconded by Commissioner Johnson, moved to approve the public use of this parcel. Motion carried 5-0. Ingram Estates, Project#AR-03-12-13. (Community Development Director Wagner) Community Development Director Wagner gave the staff report for this property located at the southeast corner of the McCormick Road and Ingram Road intersection, displaying the details on the overhead. He explained there were a few changes in the annexation agreement regarding turning lanes, rights-of-way, interconnection with other subdivisions, etc., and they were still waiting for one signature on that. The petitioners are requesting R-1-AA (Single Family Residential) zoning for the Lake Tracey and MCO Industries parcels and A-1 (General Agricultural) zoning for the Annie D. Gilliam Trust parcel. Ordinance No. 2004-02 -Lake Tracey and MCO Industries Annexation Assistant City Attorney Cookson read the title only of the Ordinance. The public hearing was opened and, as there were no comments, was closed. Commissioner Parker, seconded by Commissioner Johnson,moved to adopt Ordinance No. 2004-02, annexing the Lake Tracey and MCO Industries parcels. sub'ect to the execution of the annexation agreement. Motion carried 4-0. Mayor Vandergrift was away from the dais. Ordinance No. 2004-03 -Lake Tracey and MCO Industries Initial Zoning Assistant City Attorney Cookson read the title only of the Ordinance. The public hearing was opened and, as there were no comments, was closed. Commissioner Parker, seconded by Commissioner Johnson, moved to adopt Ordinance No. 2004-03, zoning the Lake Tracey and MCO Industries parcels R-1-AA, Single Family Dwelling District sub'ect to the execution of the annexation a.reement. Motion carried 4-0. Mayor Vandergrift was away from the dais. Page 7 of 14 Ocoee City Commission Regular Session D n L F T April 6,2004 Ordinance No. 2004-04 -Annie D. Gilliam Trust Annexation Assistant City Attorney Cookson read the title only of the Ordinance. The public hearing was opened and, as there were no comments, was closed. Commissioner Parker, seconded by Commissioner Johnson, moved to adopt Ordinance No. 2004-04, annexing the Annie D. Gilliam Trust parcel, subject to the execution of the annexation agreement. Motion carried 4-0. Mayor Vandergrift was away from the dais. Ordinance No. 2004-05 -Annie D. Gilliam Trust Initial Zoning Assistant City Attorney Cookson read the title only of the Ordinance. The public hearing was opened and, as there were no comments, was closed. Commissioner Parker, seconded by Commissioner Johnson, moved to adopt Ordinance No. 2004-05, zoning the Annie D. Gilliam Trust parcel A-1, General Agriculture, subject to the execution of the annexation agreement. Motion carried 4-0. Mayor Vandergrift was away from the dais. Annexation Agreement The public hearing was opened. As no one wished to add any comments to those already brought forward, the hearing was closed. Commissioner Anderson, seconded by Commissioner Parker,moved to approve the Annexation A. eement and authorize the Ma or and Cit Clerk to execute the a,reement on behalf of the City, sub_ect to a 9 .royal b the Cit Attorne . Motion carried 4-0. Mayor Vandergrift was away from the dais. At this point Mayor pro tem Anderson asked Mr. Cookson to read the titles of Ordinance Nos. 2004-06 and 2004-07 as that had been overlooked earlier. He opened the public hearings again and stated that all comments made during the public hearings would be brought forward and be made a part of these public hearings for those ordinances. Mr. Cookson stated it would not be necessary to restate the motions or vote again on them. Ordinance No. 2004-08—Revision to City Code Chapter 173,Water and Sewer Adjustments to Utility Bills for Swimming Pools and Water Leaks. (Public Works Director Wheeler) Public Works Director Wheeler gave the staff report, advising this Ordinance was prepared at the direction of this Commission in response to many questions from residents regarding adjustments to water bills. Their concerns had been the initial filling of a swimming pool, new landscaping, plumbing leaks, pressure washing houses/commercial buildings, water/air/heating ventilating and air conditioning systems. Mr. Wheeler said a survey of fellow utilities had shown those that had a policy for adjusting bills did so for swimming pools and water leaks, but not for the other listed concerns. A staff committee had determined this to be a good plan as the others were discretionary use of water. Page 8of14 Ocoee City Commission Regular Session DRAFT April 6,2004 Mayor Vandergrift said he wished to address consideration for drought conditions, and pro- rating a large bill over a period of time for those who put in new landscaping. Commissioner Parker said she had been meeting with the committee on landscaping and they are making progress. She said she would have no problem with pro-rating. Mr. Wheeler said he would bring something back at the next meeting. The public hearing was opened and, as no one wished to speak, was closed. Assistant City Attorney Cookson read the title only of the Ordinance. Commissioner Howell asked when the decision would be made regarding the kind of grass required as his church was about to place sod. Commissioner Parker said the committee would be meeting April 19 and she hoped to bring something before this Commission soon. Commissioner Parker, seconded by Commissioner Anderson,moved to adopt Ordinance No. 2004-08, providing for adjustments to utility bills. Motion carried 5-0. Mayor Vandergrift said he would like to address the next three items as one. Mr. Cookson said procedurally it would be appropriate to listen to the presentation for all,then consider public comments, and make an initial determination of whether this Commission wishes to go with privatization or increase of the rates. Once that determination has been made it would then be appropriate to decide whether to go with Option A or Option B. Deputy Public Works Director Zaitooni said the presentation had been made several times in the past and he had no new information to present; however he would be happy to respond to questions. Privatization of Residential Solid Waste Collection and Disposal(Option A) and Award of the Contract to a Private Hauler. (Deputy Public Works Director Zaitooni) The public hearing was opened. Commissioner Parker read a message from Henry Morgan, 304 South Lakeshore Drive, stating his opposition to privatizing. Commissioner Johnson read an e-mail from Teresa Barr, 109 Brailoch Drive, in support of Option A(privatizing). Commissioner Anderson read a message from Henry Morgan saying privatization was not on the March 16 meeting and it should not have been addressed at that time. He directed attention to a newspaper clipping he had sent regarding a Florida Recycling Services truck involved in an accident involving children. Page 9 of 14 DRAFT Ocoee City Commission Regular Session April 6,2004 Mayor Vandergrift read an e-mail from Garry Thomas, 16 Floral Street, in favor of the rate increase and against privatization. Bill Hoelscher, 604 Roberts Rise Drive, said he felt the Commission should listen to the citizens in the audience and he spoke against privatization and in favor of raising rates. Commissioner Johnson said there are many citizens who have approached him with their opinions and there are a lot of citizens who watch on television who have expressed their opinions, which are not necessarily the same as those expressed by those present in the meetings. Scott Glass, Shutts & Bowen, representing Onyx Waste Services, said it was his understanding that the issue was to come back before this Commission for a vote and he read a news article regarding Florida Recycling into the record. He displayed a stack of complaints about the service given by Florida Recycling from Oviedo citizens that he had acquired with a public records request, and then read a few of them. He asked this Commission to consider that all these companies have similar circumstances. Sid Vihlen, and Joe Briarton, Florida Recycling, 1099 Miller Drive, Altamonte Springs, 32701, spoke regarding the positive qualities of their company and their bid. Jim Gleason, 856 Hammocks Drive, said this was brought up originally because the City's equipment was in trouble. Then he gave the history of the citizens' discussions in the meetings, from not wanting to lose their green garbage cans, to not wanting to privatize, to asking for a rate increase to keep things as they have been. He said by privatizing this Commission has an opportunity to save the citizens large sums of money, without causing any employees to lose their jobs. Jose Iglesias, 400 Misty Meadow Drive, spoke in favor of Option A. Max H. Jacobs,Jr.,2247 Mountain Spruce Street, said he was concerned with the process, and he spoke in favor of keeping the service in house. Martha Lopez-Anderson, 2438 Alclobe Circle, said she attributes the good service to the fact that 8 of 11 employees are city residents. David Morris, 175 Lansbrook Court, said he is in favor of Option A. He has lived in different areas and has had the service provided by Onyx, Florida Recycling, and Waste Management and has had no problem with any of them. Bill Hoelscher said outsourcing could be good for a lot of services, but careful thought should be given to what was right for the city. Jim Gleason commended Mrs. Lopez-Anderson for her comments and said he feels the sanitation department employees will also do well in their new jobs in the City. Page 10 of 14 DRAFT Ocoee City Commission Regular Session April 6,2004 Commissioner Parker thanked all who spoke. She said she called eleven cities and asked the question, "Are you happy with your privatization?" All reported they were pleased and the key was the teeth in the agreement and the oversight of the private company. Commissioner Johnson said Judy Henry and Darrell Dees were the best customer service available anywhere. He said he is willing to go with privatization now, even though he never expected to feel that way. He said the City should be able to contract effectively. Commissioner Anderson thanked Mr. Gleason and Mrs. Lopez-Anderson for their comments. He said he had felt the biggest issue was taking care of the employees and once those fears were addressed the rest fell into place for privatization. Commissioner Howell said he was in favor of keeping the garbage service in house. Mayor Vandergrift said he has had a lot of contact with citizens and they do not want to lose the garbage cans, do not want to privatize, and do not want to increase rates. He asked Mr. Zaitooni what would happen to the mechanics. Mr. Zaitooni said they would be able to take care of other equipment. Mr. Cookson said he had received word today that Onyx would not be able to start service right away. Mr. Zaitooni said that was in response to a question he had sent to all vendors asking whether/when they would be able. Onyx had responded they would need 90 days start-up time. Commissioner Anderson, seconded by Commissioner Parker, moved to privatize the solid waste service. Motion carried 3-2 with Mayor Vandergrift and Commissioner Howell voting no. Resolution 2004-05,Modifying Resolution 92-04, Increasing the Solid Waste Rates from $16.00 to $18.25. (Continued from March 16, 2004, Commission Meeting). (Deputy Public Works Director Zaitooni) The public hearing was opened. As no one wished to add any comments to those brought forward from the previous hearing,the hearing was closed. Commissioner Johnson, seconded by Commissioner Anderson, moved to disapprove Resolution No. 2004-05. Motion carried 5-0. OTHER BUSINESS Approval and Authorization of Replacement of Two Garbage Trucks and Authorization and Approval to Complete Purchase of Recycling Truck(currently on hold) from the Replacement and Repair Funds. (Continued from March 16, 2004, Commission Meeting). (Deputy Public Works Director Zaitooni) Commissioner Anderson, seconded by Commissioner Johnson, moved to disapprove the purchase of the recycling truck. Motion carried 5-0. Page 11 of 14 D A IF 7 Ocoee City Commission Regular Session April 6,2004 Ocoee Commons PUD—Ashton Park—Project#AP-02-02-01 and#AP-002-02-01A. (Community Development Director Wagner) Final Subdivision Plan Community Development Director Wagner gave the staff report, noting that this was the Final Subdivision Plan for the Ocoee Commons PUD and a request for a name change to Ashton Park for the single family portion of the PUD. He said there is a City-funded force main relocation planned and they requested authorization to incorporate that into the FSP plans as an administrative amendment at the time they are finalized. Commissioner Anderson said he had talked with the developer and with citizens in the affected subdivisions and the citizens had requested no vehicle access to Montgomery Road until the certificate of completion is issued. He added a request for the developer to fund one-half of the road tables needed to control speed. Tom Ustler, developer, said he agrees with the requests and would like to incorporate that into their development so they can have their contractors do it all at one time. He said they are working with the City about water/sewer lines as well. Commissioner Anderson, seconded by Commissioner Johnson, moved to approve the Final Subdivision Plan for the Ocoee Commons PUD and Ashton Park, as date stamped received by the City on March 24, 2004, including the name change for"Ashton Park". Furthermore,that the City-funded force main relocation plans be permitted to be incorporated into the FSP plans as an administrative amendment at the time they are finalized, that no construction traffic will use Montgomery Road until the completion of the project, and the developer will fund 50% of the speed tables required. Motion carried 4-0. Mayor Vandergrift was away from the dais. Forest Lake Estates, Project#AR-2000-05-01. (Community Development Director Wagner) Rescission of Annexation Ordinance No. 2000-28 Rescission of Initial Zoning Ordinance No. 2000-29 Community Development Director Wagner advised the proposed annexation and zoning of this parcel was subject to the execution of an Annexation Agreement that was never signed. Staff contacted the applicant and the owner and they both have given their consent to rescind these ordinances as they do not intend to sign the agreement or proceed with the development. Commissioner Howell, seconded by Commissioner Anderson, moved to rescind the approval of Ordinance No. 2000-28 and Ordinance No. 2000-29 as recommended by staff. Motion carried 4-0. Mayor Vandergrift was away from the dais. Ocoee Crown Point PUD Permitting Funding. (Community Development Director Wagner) Community Development Director Wagner explained there were unexpected and unbudgeted requirements from St. Johns River Water Management District and the Orange County Utility Department and he gave the details, requesting authorizing to proceed. Mayor Vans er.rift; seconded by Commissioner Parker. stated he was makin• this motion under duress and moved to approve staff recommendation to authorize payment of funds from Page 12 of 14 Ocoee City Commission Regular Session Ll u A\ U April 6,2004 the SunTrust Line of Credit to VHB to cover professional services undertaken with regards to extra sermittin' attributable to SJRWMD 51 975.50 and Oran.e Count Public Utilities '.20 001.00 • and further that the addendum to the VHB contract dated March 1 2004 for Stormwater Management Design($110,500.00) be authorized to be paid from the SunTrust Line of Credit, with the understanding that the City will seek fifty percent(50%) reimbursement for all the above costs from OCPS. Motion carried 5-0. Discussion Re: Setting a Workshop Date for Impact Fees. (Acting City Manager Williford) Acting City Manager Williford proposed setting the work session for review of the Impact Fees for April 22. As several Commissioners would be out of town that date, they asked that another date be set. Without objection, direction was given for staff to contact them to work out an available date. Recommendation for Removal of Kori Mortenson from Education Commission. (City Clerk Grafton) As members of the Education Commission had experienced difficulty achieving a quorum for their meetings they had requested this Commission to remove from the membership list those who have not been attending. Commissioner Howell, seconded by Mayor Vandergrift, moved to remove Kori Mortenson from the Education Commission due to attendance concerns. Motion carried 5-0. Commissioner Parker, seconded by Commissioner Anderson, moved to appoint Edward L. Johnson to serve on the Education Commission. Motion carried 5-0. Appointment to Board of Adjustment to Fill Seat of Michael Savino Whose Term Expires May 2005. (City Clerk Grafton) Commissioner Anderson, seconded by Commissioner Johnson,moved to appoint Alternate Member Fred Wilsen to complete Mr. Savino's term which ends May 2005. Motion carried 5-0. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Parker: 1) Asked for a review of the condition of the Sam Scott Building. Without objection, Building Official Phelps was directed to do this. 2) Said Gequita Cowan had asked her to present the request from Majicity Foundation, Inc. for a sponsorship for the Unveiling of Dr. Martin Luther King Jr. Highway ceremony scheduled for June 17 at 10:00 a.m. Consensus was to bring it back for the next meeting. 3) Announced the Fishin' Fest April 24 on Starke Lake. Commissioner Johnson: 1) Reported speeders on Lyle Street. Page 13 of 14 DR AF7 Ocoee CityCommission Regular Session April 6,2004 2) Asked if rails could be put on the sidewalk from Sleepy Harbour Condo up to the corner of Lakewood Street to make it safer for the children. Commissioner Howell reported citizens have reported speeders on Phyllis Street and Spring Lake Circle when it is time to pick up children at school. Commissioner Anderson read an e-mail from Doug Nachtsheim, president of Sleepy Harbour Homeowners Association,thanking the Commission for the new road in their subdivision. Mayor Vandergrift: 1) Darius Bieberle, 2705 Coventry Lane, has some ideas about car thefts on his street and would like to share them with Chief Goclon and Public Works. 2) Rick Parks complained of kids playing basketball in the retention pond area of Pinewood Lane and Ocoee Hills Road. ADJOURNMENT The meeting adjourned at 12:26 a.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift,Mayor Page 14 of 14 DRAFT Agenda 04-20-2004 MINUTES OF THE OCOEE CITY COMMISSION Item V A FINAL BUDGET SPECIAL SESSION HELD SEPTEMBER 24, 2003 CALL TO ORDER Mayor Vandergrift called the Final Budget Special Session to order in the Commission Chambers at 7:05 p.m. and announced this was an advertised public hearing to finalize the budget and adopt a final millage rate for the City of Ocoee. The City Commission has previously approved a tentative millage rate of 4.5789 mills, which represents a 2.2213% increase in millage over the rolled-back rate of 4.4794 mills. City Clerk Grafton called the role and declared a quorum present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also present were City Manager Gleason, City Clerk Grafton, Finance Director Horton, Finance Supervisor Carter, Budget Analyst Brosonski, Accountant Bishop, Police Chief Goclon, Parks/Recreation Director Farmer, Fire Chief Strosnider, Chief Communications Supervisor Simanski, Information Systems Director Ross, Human Resources Director Diedrich, Community Development Director Wagner, Building Official Phelps, Public Works Director Wheeler, and Support Division Chief McNeil. PUBLIC HEARING Finance Director Horton reported the percentage rate increase of the tentative millage rate over the rolled-back rate is 2.2213%. The ad valorem tax revenues are being increased by $343,394 to provide funding for operating expenses, programs, capital improvement projects, and the purchase of equipment and vehicles. The public hearing was opened. Mayor Vandergrift asked for public comments and there were none. The Commission agreed to proceed without having the budget message read from the book. Mayor Vandergrift asked if there were any comments from Commissioners and there were none. Mayor Vandergrift seconded b Commissioner Anderson, moved to amend the bud.et b postponing the establishment of Battalion Chief until next year. When discussion was called, Commissioner Anderson inquired of Fire Chief Strosnider the duties of Battalion Chief. Fire Chief Strosnider responded stating that the new Law 1710 requires a Battalion Chief and this position has already been deferred for two years. Fire Chief Strosnider described the duties of the said position and how imperative it is that it be approved. Discussion ensued. Commissioner Parker stated that this was a matter of safety and organization. If there is more than one thing going on, then the lieutenant is too busy. Ocoee City Commission Session Special PSe tember 24 2003P DRAF Commissioner Johnson thinks the position is necessary due to the growth of our City. Commissioner Anderson stated his concern with the number of Battalion Chiefs needed. Commissioner Howell asked which annual budget the additional positions would affect. Financial Director Horton responded that approximately $175,000 was included in the proposed budget for this purpose. When the vote for the proposed amendment was called, the motion lost 1-4 with Commissioners Anderson, Howell, Johnson, and Parker voting no. Commissioner Howell proposed to give all employees an increase in pay of$ .50, rather than 3% of their current salary in order to be fair to all employees, as well as saving the City money. City Manager Gleason expressed his concern for those employees that have higher education and skills in their job and felt that these employees should be compensated for such. He said that the City could afford the proposed 3% across the board. Mayor Vandergrift asked for Commissioner comments. Commissioner Parker agreed the 3% increase would be the best choice. She requested that a • wage study be completed. City Manager Gleason mentioned that the average household income for a City of Ocoee resident is $50K. Commissioner Johnson agreed with Commissioner Parker regarding the wage study. He said that he had no problem with the 3% increase. Human Resources Director Diedrich said that an outside consulting firm would cost about $50,000 to perform the study. Mayor and Commissioners agreed to call neighboring communities for comparisons. As there were no amendments, City Attorney Rosenthal announced the proposed final millage is 4.5789 mills, which represents a 2.2213% increase in the millage over the rolled-back rate of 4.4794 mills. This percentage is the proposed final percentage increase in property taxes. Motion to approve Ordinance No. 2003-36, setting final millage rate. Commission Parker, seconded by Commissioner Johnson, moved to adopt Ordinance No. 2003-36 setting a final millage rate at 4.5789 mills for fiscal year 2003 - 2004. Prior to calling for the vote on the above motion, Mr. Rosenthal read the title only of the Ordinance and announced the name of the taxing authority as the City of Ocoee, the rolled- Page 2 of 4 Ocoee City Commission Special Session © RAFT September 24, 2003 back millage rate is 4.4794 mills, the proposed percentage by which the proposed millage exceeds the rolled-back rate is 2.2213%. The millage rate proposed by the Ordinance is 4.5789 mills. Mayor Vandergrift asked for public or Commissioner comments. R. P. Mohnacky, 1820 Prairie Lake Boulevard, spoke against the 3%and in favor of everyone getting the same amount. He asked about the duties of the Human Resources Department and the Communications Department. Human Resources Director Diedrich and Communications Manager Simanski responded. City Manager Gleason stated for the record that the current millage rate is still lower than it was three years ago. Commissioner Parker added that it is a good thing for those citizens paying a higher millage rate because that means that their property value has increased. Commission Anderson commented that the 2.2213% increase over the rolled-back rate is 23% of revenue for our City. The difference between this increase and the proposed 3% cost of living increase would create a shortfall. Commissioner Howell said he was glad to see the taxes being cut back over the years and that citizens did not want to see an increase and were satisfied with taxes remaining the same. Commissioner Johnson said the money could be used for other things that we need to do. City Manager Gleason stated that Public Works now has a valid list of improvements, such as roads and sidewalks. Mayor Vandergrift stated that he would like to give direction to the City Attorney to stabilize the enterprise funds in an ordinance form so that we may be able to identify and understand what those funds are. Discussion ensued. He also said that he was opposed to contracting out the garbage pick up and would like to look into the probability of commercializing those services. J. Lester Dabbs, 619 Caborca Court, said Commissioner Anderson inadvertently misled the public and the Commission in his comments regarding the shortfall of revenue. He believes that the 2.2213% is going to be assessed against real estate and the 3% COLA is going to be assessed against salaries and that this does not create a shortfall. Commissioners assured that there was no shortfall. City Attorney Rosenthal announced that following the adoption of the millage, the City would be adopting the ordinance for the budget. At that time, the enterprise funds would be adopted and/or money transferred from one fund to another. Mayor Vandergrift called the vote to adopt the milla'e rate at 4.5789 mills and the motion carried 3-2 with Mayor Vandergrift and Commissioner Anderson votin. no. Page 3 of 4 Ocoee City Commission Special Session BRAFIT September 24, 2003 RECESS 8:06 - 8:18 p.m. Motion to adopt Ordinance No. 2003-37, adopting final budget. Commissioner Parker, seconded by Commissioner Johnson, moved to adopt Ordinance No. 2003-37, adopting the final budget for fiscal year 2003-2004. Prior to calling for the vote on the above motion, Mr. Rosenthal read the title only of the Ordinance. Mayor Vandergrift asked for comments from citizens and Commissioners. Mayor Vandergrift asked if employees who have reached the top of their grade scale would be receiving the cost of living increase. City Manager Gleason explained that such employees would receive a 2% increase to their hourly wage and the remaining 1% would be received in a separate payment. Mayor Vandergrift asked if the City could index the wage grade scale to include the increase. City Manager Gleason agreed the idea should be researched. Discussion ensued regarding pay raises and longevity. Mayor Vandergrift asked if the budget reflected any improvements for Silver Star street lighting. City Manager Gleason explained that the City had a contract with FDOT to fund street lighting. Public Works Director Wheeler responded that the street lighting improvements were not included in FDOT's budget for the current year, but may be included next year. Discussion ensued. Vote on motion to adopt Ordinance No. 2003-37, adopting the final budget. When the vote was called to adopt Ordinance No. 2003-37, the motion carried 4-1 with Mayor Vandergrift voting no. Commissioner Parker asked if anyone was interested in attending the Health Central Function and all Commissioners had prior arrangements. ADJOURNMENT Mayor Vandergrift announced the end of the budget public hearing and adjourned the meeting at 8:30 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Page 4 of 4