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09-05-13 Fire Assessment Final ResolutionSpecial Meeting Fire Assessment Final Resolution OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive, Ocoee, FL, September 5, 2013 AGENDA 6:00 p.m. I. CALL TO ORDER Mayor Vandergrift called the Fires Assessment Public Hearing to order at 6:00 p.m. in the Commission Chambers of City Hall. The Pledge of Allegiance to the Flag, led by Commissioner Grogan. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson, and Commissioner Keller. Also Present: City Attorney Cookson, City Manager Frank, City Clerk Eikenberry II. Public Hearing - Final Resolution for the Fire Assessment Fee. (Advertised in the Orlando Sentinel Classified Legal on Thursday, August 8, 2013). (Assistant City Manager Shadrix) The final steps in implementing the fire assessment fee are for the City to adopt the final fire assessment fee resolution. Upon adoption the City needs only to certify the assessment roll to the Tax Collector by September 15, 2013, before the assessment appears on the November 2013 tax bill. Assistant City Manager Shadrix gave a PowerPoint presentation; he explained the current year budget and property tax revenue, as well as projections for Fiscal Year 2013 -14. He explained that the proposed Fire Department budget represents 16% of the General Fund, or $5,666,890. This is equivalent to 3.53 mills if fully funded by property tax. The actual cost to provide fire services is much higher due to the way we calculate fuel, vehicle repairs, insurance, and other shared costs. He further explained how the Fire Assessment would cover a portion of the fire services in Ocoee. He explained that a Fire Protection Unit is a unit of measure calculated based on two things; hazard classes, the relative level of hazard imposed by the structure; and, square footage, the size of the structure. He explained that the square footage used in the calculation includes any covered structure attached to the house such as patios, covered walkways, garages, etc. He noted that this methodology is better than the flat rate considered in 2008 because it more evenly distributes the cost across all landowners. He further explained that the number of total fire protection units is 25,012 and at the full allocation it would be $230.00 per Fire Protection Unit, with all applicable adjustments. He noted that adding the Fire Protection Fee ties the cost of the actual service more directly to the need for the service. It also frees up some general fund money that allows the City to do some badly needed capital improvement projects. The proposed maximum fire assessment is $69.50 per Fire Protection Unit; this would generate approximately 1.6 million dollars. After public input and discussion at previous commission meetings, there has been discussion to reduce that to $33.78 per Fire Protection Unit. Each dollar of Fire Assessment would produce $23,558 in revenues to pay for the fire service. Mr. Shadrix also noted that there has been discussion about reducing the mileage rate on property taxes in conjunction with implementing the fire assessment fee and he gave some scenarios on how different homes and businesses would be affected. The PowerPoint presentation is attached. September 5, 2013 Page 2 of 6 City Commission Budget Workshop Commissioner Keller clarified that if the millage rate was reduced by .6, would it be a break even scenario with the millage rate and addition of the fire fee. He said that if a fire fee is approved, he will ask that that same amount gets removed from the budget at the upcoming budget public hearing. If the Commission wants to add monies back in to do projects, we can still keep the rate down. He said he does not his wish to raise taxes; they want to fund the fire department in a way that takes some pressure off of the general fund. The City has to do things like adding sewer in the downtown are to entice commercial business. He stated at the next budget hearing, he will be making a motion to reduce the taxes by the amount of the fire fee. However, those who are paying no taxes at all right now will have to pay some money to the city. City Attorney Cookson introduced the following documents into the record. He advised that the documents were in the position of the City Clerk. Additionally, he advised that members of the Clerk's Office were at the Help Desk in the lobby; they have the documents stored electronically if anyone would like to view any of these items during the meeting: A. A certified copy of City Ordinance 2013 -010, the ordinance imposing the fire assessment. B. A certified copy of City Resolution 2013 -010, the preliminary resolution calling for the hearing tonight. C. The fire assessment roll D. The City of Ocoee Fire Assessment Dispute Discrepancies /Corrections Log from phone in calls received by the City. E. The notice mailed to property owners F. Written objections received by the City. G. The slide presentation presented by Assistant City Manager Shadrix III. Public Comments Citizens will be given an opportunity to fill out a speaker form and speak at the public podium. Citizen continents will be limited to three minutes per speaker. All persons speaking must do so in accordance with the City of Ocoee Civility Code (see reverse side). Mayor Vandergrift explained that he will call speakers up 3 at a time; at this time he has forms filled out for 27 speakers. If people still have more to say after everyone has had a chance to speak; he may allow more time for them. The following people spoke: 1. Nancy Poe, 1202 Pinewood Lane, Ocoee, OPPOSED 2. Thomas Payne, 1422 Center Street, Ocoee, OPPOSED 3. Scott DeLaney, 800 Center Street, Ocoee, OPPOSED 4. Wendy Bolduc, 508 Shumard, Ocoee, OPPOSED 5. Smitty Branch, 428 E Lakeshore Drive, Ocoee, OPPOSED 6. Robert Yost, 2321 Laurel Blossom, Ocoee, OPPOSED 7. Mohammed Ali, 1408 Vickers Lake Dr, Ocoee, OPPOSED 8. Aldwyn Gopaul, 1401 Vickers, Lake, Ocoee, OPPOSED 9. Bibi S. Khalil, 528 Cadby Circle, Ocoee, OPPOSED 10. Michael Massey, 249 Capitol Ct. Ocoee, OPPOSED 11. Joe Osowiecki, 2029 Majestic Elm Blvd, Ocoee, OPPOSED 12. Barbara Buehrer, 707 Suzette Dr, Ocoee, OPPOSED September 5, 2013 City Commission Budget Workshop Page 3 of 6 13. David Moore, 2712 Estep Ct, Ocoee, OPPOSED 14. Arna Mendez, 112 Coquina Key Drive, Ocoee, OPPOSED 15. Mel Sligh, 224 Lee St, Ocoee„ OPPOSED 16. Henry Morgan, 304 Lakeshore Dr, Ocoee, OPPOSED 17. Barbara Martin, 1238 Russell, Ocoee, OPPOSED 18. David Knight, 1407 Snowden St, Ocoee, OPPOSED 19. Mohammad Yaqub, 201 Belhaven, Ocoee, OPPOSED 20. Yuging Fan, 2967 Cardassi Dr, Ocoee, OPPOSED 21. Alvin Morgan, 2677 Grapevine Crest, Ocoee, OPPOSED 22. Joe McElroy, 1826 Cassinham, Ocoee, OPPOSED 23. Elizabeth Osbourne, 108 Miller Ct, Ocoee, OPPOSED 24. Rob McKey, 1110 Wineberry Ct, Ocoee, OPPOSED 25. Sally Miller, 709 E Lakeshore Drive, Ocoee, OPPOSED 26. Martha Lopez Anderson, 2438 Alclobe Circle, Ocoee, OPPOSED 27. Tom Ginther, 401 Enterprise St, Ocoee, OPPOSED 28. Keith Butts, 302 Sanibel St, Ocoee, OPPOSED 29. Jean Mowatt, 1011 Red Dandy Drive, Ocoee, OPPOSED 30. Robert Piezon, 3100 Old Winter Garden Rd. Forest Oaks Apartments, Ocoee, OPPOSED 31. Rob White, Withers Court in Forest Oaks, Ocoee, OPPOSED 32. Shaman Foradi, 11318 Winston Willow Ct, Ocoee, OPPOSED 33. Betty Haas, 3326 Johio Shores Road, Orlando, OPPOSED 34. Lester Dabbs, 619 Caborca Ct, Ocoee, IN FAVOR 35. Janet Massey, 249 Capital Court, Ocoee, OPPOSED 36. Ron Barnett, 3138 Jamber Drive, Ocoee, OPPOSED 37. Betty Hass for Bobby Haas, 3326 26 Johio Shores Drive, Ocoee, OPPOSED 38. Chad Shafer, 267 Robyns Glenn Rd, Ocoee, IN FAVOR Mayor Vandergrift read an email from Teresa and Adam Bar, 109 Braelock Drive, Ocoee and confirmed there were no other live emails that had been received during the meeting. He also announced that the Budget Public Hearings are September 11 & 26, 2013. IV. Discussion Commissioner Keller thanked the residents for coming out and giving their input. He also recommended that they attend the county and school budget hearings. He said if you just look at the Ocoee taxes on your tax bill, you will see that your taxes have gone down every year for the last four years. The Commission knows you are hurting out there and we have done everything we can to reduce your taxes each year. It is not the same with the County and the School Board, and you need to take that up with them. Yes, we spent over 2 million dollars on the new event center, but we anticipate bringing in more than enough revenue to pay the cost of construction. He also said the cemetery has been in disrepair for years, everyone complains about it, but it will require money over the next five years dedicated to that project. We have only budgeted enough money to maintain normal services but not do anything more. We need to do better. We want more commercial businesses, especially restaurants. This means we need infrastructure improvements, such as sewer. Once we get a good balance of commercial business in here, they will pay a lot of the taxes. He added that someone mentioned that the City budget is done by an outside source; this is not true. He noted that the budget is done by our staff and our Finance September 5, 2013 Page 4 of 6 City Commission Budget Workshop Director Wanda Horton is one if the finest finance directors he has known and she has saved the City a lot of money. It is wrong for residents to say we are reckless with your money; we have been reducing taxes every year. There is no waste in our budget because we have been cutting it every year and there is money left for waste. He said the fire fee needs to be done to free up general fund money so that we can get some of these projects done. The first thing you will hear him do at the budget meeting is to make a motion to remove, from the budget, an amount that is equivalent to the fire fee. This fee will collect some money from those who have been exempt from paying taxes for many years. Commissioner Grogan said he has only been in office six months and the last three of them have been spend on budget. He is educated in budget and finance, but it is different the way a government operates. He said Ocoee has some of the smartest and best staff anywhere. He agrees with Martha Lopez Anderson that we need a focus on what will be done with money. We are going to have a strategic plan done with 3 -5 projects and everyone will know exactly where the money is going. Primarily, it will be infrastructure improvements to bring in more commercial business. Right now we have 90% commercial and we need to have a 50/50 balance with commercial and residential. He said that people need to get educated with the budget process, before they make the type of comments that are being made here. It takes staff three months to balance come up with a proposed budget. Residents should attend the public hearings and give their input. A member of the audience said they would rather cut services than raise taxes, and gave an example of garbage collection once per week. Commissioner Johnson and Commissioner Grogan said that is not a popular option throughout the city. Commissioner Wilsen said if more people recycled, we could save money and possibly cut the garbage pickups. Most people don't recycle. Tonight she heard people clapping when people spoke in opposition to the fee. She said everyone clapped when a resident said they need focus to move the city forward with specific improvements. There are mixed signals in that you want things done, but don't want any new taxes to get those things accomplished. She added that she is not in favor of the $69.50 per FPU; she would rather see it go lower than the half price option that has also been suggested. She discussed the need for people to get more involved; the Commission meetings are televised and it is easy for them to understand why they make decisions they make. She said she never heard a negative word about the event center until it was already under construction. Everybody wants roads paved, speed bumps, pot holes filled, etc. The only number on the tax bill that we control is the Ocoee line item. Commissioner Wilsen discussed the Maine Street project and who it will help to bring in business. She said for years people have been saying that they want a Tanner Hall and now we are going to have something that is better than Tanner Hall. She said she hears the threats that they will not vote her back into office, but she will continue to do what is best for the City today and not worry about the next election. Commissioner Johnson said he has lived in Ocoee since 1955; his wife was born and raised here. He is a retired mailman. Also four of his five kids live in Ocoee. He discussed with Mr. Sligh that out paying some money to the city even if he is exempt from property taxes; he is still using the services and streets, etc. He also discussed that the Farmer's Market failed because no one came to it, not for any other reason. He said that Winter Garden Downtown is what it is because the County put tracks through the middle of town. We remodeled and put brick pavers in our downtown area and have great plans for it if we ever have the money to continue it. Discussed the new owner of West Oaks Mall, and said he is advising he will have that mall thriving in a few years. We will wait and see. Commissioner Johnson added that he does not September 5, 2013 Page 5 of 6 City Commission Budget Workshop understand some of the comments made with regard to raising taxes, their Ocoee taxes have been going down. Next year even the stormwater fee will go down. He addressed the "softball park" that was discussed. IIe said it will be much more than that; it will be tennis courts, a walking park, and a road that ties into Ocoee Apopka Road. We are trying to come up with ways to get projects done without raising ad valorem taxes. He noted that the budget hearings are where the entire $60 million dollar budget is discussed and no one shows up to them, but everyone shows up if they get a bill for $100 dollars. There are at least 100 people here tonight. He said that this is his home; he is not going anywhere because it is the town he loves to be in and wants to be here. He said the Commissioners work many hours for little money, this is not a part time job. It is not an easy job because they get a lot of grief at time like tonight. IIe also discussed needed improvements to the cemetery and sidewalks. He discussed the cost of police and fire services. He noted that we have lost 13% to 18% in ad valorem taxes every year for the last five years. He said when he received his letter he was surprised because he did not understand that homes would have more than one Fire Protection Unit. They have been discussing it at meetings and plan to reduce that amount. Additionally, they are trying to reduce the ad valorem. He said people have suggested that they get rid of a City fire department and turn it over to the county but that is not what we want to do. V. Approval of Final Resolution A. Motion to adopt the Final Fire Assessment Resolution No. 2013 -012 Commissioner Wilsen, seconded by Commissioner Keller, made a motion to adopt Resolution No 2013 -012, authorizing the implementation of a Fire Assessment the rate of $27.40 per Fire Protection Unit (FPU). Assistant City Manager Shadrix mentioned that the resolution allows for people to apply for hardship based on an income poverty threshold and if the commission desires that to be in the resolution they should include that in the motion. Commissioner Wilsen, seconded by Commissioner Keller, made a motion to amend to motion to include that the hardship clause be added to the fee assessment process. Motion carried 4 -1 with Mayor Vandergrift opposed. Mayor Vandergrift discussed the difference between needs and wants. He talked about the development of the CRA and how it caused taxes from that area to be kept within the city. In previous years there has been a focus group for strategic planning and he feels we need to do that again. How is Ocoee special? He has been working on the education system and would like to see Ocoee have a Charter School System as well as a University campus out near the high school. He would like Ocoee to be designated as an educational town, such as Gainesville. He is voting no on the fire assessment because he feels that it is just another tax. September 5, 2013 Page 6 of 6 City Commission Budget Workshop B. Read title of Resolution. City Attorney Cookson read the title of the ordinance. RESOLUTION NO. 2013 -012 A RESOLUTION OF THE CITY COMMISISON OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE PROVISION OF FIRE PROTECTION SERVICES, FACILITES AND PROGRAMS THROUGH THE CITY OF OCOEE; IMPOSING FIRE PROTECTION ASSESSMENTS AGAINSED ASSESSED PROPERTY LOCATED WITHIN THE CITY OF OCEE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013; APPROVING THE ASSESSMENT ROLL; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. C. Vote Motion carried 4 -1, with Mayor Vandergrift opposed. VI. ADJOURNMENT The meeting adjourned at 9:49 p.m. Attest: - Bet �k City Clerk ��� + r) ", c 5 + APPROVED: City of Ocoee L_ J -A S. Scott Vandergrift, M r