HomeMy WebLinkAbout09-02-08 Agenda
OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
September 2, 2008
AGENDA
7:15 P.M.
REGULAR CITY COMMISSION MEETING
I A. CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
I B. PRESENTATIONS AND PROCLAMATIONS I
Presentation by CACOPD Members to Ocoee Police Department Officer of the
Quarter. (police Chief Brown)
Appreciation Award to Pastor Brad Phillips of Victory Baptist Church - Ofc. Hunt.
Presentation by Legislative Consultants. (Assistant City Manager Croteau)
I C. COMMENTS FROM CITIZENS/PUBLIC
I D. COMMISSIONERS ANNOUNCEMENTS
E. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE ACTED UPON BY
ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A
MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM
FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY.
1. Approval and Acceptance of the Regular City Commission Minutes August 5,
2008, Charter School Workshops of July 16 and July 28, 2008, and the Budget
Workshop for August 18, 2008. (City Clerk Eikenberry)
2. Appointment to the Ocoee School Advisory Board. (City Clerk Eikenberry)
Members of the Ocoee School Advisory Board serve two-year terms. Currently the Ocoee School
Advisory Board has seven (7) members and their resolution allows no less than seven (7) members and
no more than fifteen (15) members. One application was received from Mr. Josue Quinones with
interest in serving on the board.
3. Appointment to the Citizen Advisory Council for Ocoee Police Department
(CACOPD). (City Clerk Eikenberry)
Members of the Citizen Advisory Council for Ocoee Police Department serve three-year terms. The
Resolution creating the Board allows no more than fifteen (15) members. The board currently has ten
(10) members. One application was recently submitted by Mr. Lloyd Hollingsworth; therefore staff
recommends the City Commission consider appointing Lloyd Hollingsworth to the Citizen Advisory
Council for Ocoee Police Department with a term ending January 1,2011.
4. Reappointment to the General Employees' Pension Board of Trustees. (City
Clerk Eikenberry)
Trustees for the Pension Boards serve two-year terms. The City Commission appoints two of the
trustees, two are elected from the employee body, and the fifth trustee is chosen by those four trustees
and presented to the City commission for certification of the appointment as a ministerial act. Trustee
Tom Hendrix has indicated he is willing to serve another term if appointed. At this time no other
applications were received for serving on this board.
City Commission Regular
September 2, 2008
5. Approval of School Resource Officer Agreement 2008-2009. (Police Chief
Brown)
The Ocoee Police Department provides one (1) DARE officer to four (4) elementary schools, one (1)
School Resource Officer to one (1) middle school, and two (2) School Resource Officers to one (1)
high school, all of which are located within the city limits ofOcoee. An annual agreement between the
City and the School Board of Orange County is required in order for the Police Department to
understand its officers' responsibilities and for the City to be reimbursed by the School Board of
Orange County for a portion of the officers' salaries.
6. Approval of Byrne Formula Grant 51 % Letter. (police Chief Brown)
In order to obtain money under the Byrne Formula Grant, the chief elected officials from 51 % of the
municipalities representing 51 % of the population of a county must sign a letter agreeing as to how the
money will be spent. As this year's monies have been drastically reduced, the participating agencies
have opted to pool the available monies to support a county-wide Electronic Surveillance Support
Team (ESST).
7. Approval of Budget Transfer of $5600 for Tabletop Display and Marketing
Materials. (Community Relations Manager Wright)
Staff would like to purchase a professionally designed tabletop display to use at various community
events throughout the year. The tabletop display would showcase the City by presenting polished,
professional images of the City's innovative programs and services. The tabletop display would be
used throughout the year to promote and market the City at numerous events: Job recruitment fairs;
Police and Fire Dept. recruitment fairs; Safety Spring Fling; Founder's Day Festival; National Night
Out; Irrigation Workshops; neighborhood association meetings; school and community events.
8. Approval of Plat for Lakewood Manor. (City Engineer Wheeler)
This plat is for Lakewood Manor which is 15.80 acres and located along the west side of Lakewood
A venue, across from Wurst Road. This project consists of a 54 single family homes with its associated
amenities.
9. Approval of Plat for Citrus Medical and Executive Office Park (City Engineer
Wheeler)
This plat is for Citrus Medical and Executive Park which is a 5.81 acre commercial development. This
site is located along the south side of Old Winter Garden Road between Bluford A venue and Division
Avenue.
10. Approval of Plat for Fountains West. (City Engineer Wheeler)
This plat is for Fountains West which is a 43.03 acre development which contains 15.92 acres of
commercial development, 11.73 acre institutional/church site, and 4.73 acres of wetland/conservation
area and buffers. This site is located on the northeast comer of West Road and Ocoee Apopka Road.
11. Approval to Execute all Necessary Contracts Related to the Provision of a
Permanent Electric Power Distribution Easement between the City of Ocoee and
Progress Energy for Lakeshore Drive Improvements. (City Engineer Wheeler)
In preparation for the work on Lakeshore Drive and the future City Hall regional stormwater retention
pond, the electric power service to City Hall from Bluford A venue was converted from overhead to
underground service and relocated to the lake side of the building. In addition, a new transformer had
to be installed to provide power to the Starke Lake aeration fountain. Power to the City Hall building
is now routed from the lift station power feed west of the employee parking lot down the south side of
that parking lot, and then north across the front lawn of City Hall to the transformer located at the
northeast comer of the building. A new power easement is required to protect the underground power
line and the new pad-mounted transformer. The City Council approved the cost of this work in an
agreement with Progress Energy at its March 18, 2008, meeting.
12. Workers' Compensation Release and Settlement Agreement with Employee Billy
Adams. (Human Resources Director Carnicella)
The employee has suffered a medical incident that could have resulted in a workers' compensation
claim. The employee and the City have negotiated an agreement whereby the employee will not seek a
work related claim and waives present and future benefits under the Florida Statues.
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City Commission Regular
September 2, 2008
13. Approval to Piggyback off City of Jacksonville Contract #SC-0511-06 for the
Provision and Installation of Playground Equipment at Tiger Minor Park.
(parks and Recreation Director Hayes)
As part of the overall plan to improve the playgrounds throughout the park system, the Park and
Recreation Department is proposing to replace the existing playground equipment at Tiger Minor Park.
The new equipment and surface material will meet the Consumer Product Safety Commission (CPSC)
and American Society for Testing and Materials (ASTM) standards. Staff is requesting permission to
piggyback off of the City of Jacksonville Contract #SC-051 1-06 for these services.
14. Certification of Non-Ad Valorem Assessment Roll for Stormwater Inclusion on
the Orange County Tax Roll for Fiscal Year 2008/2009. (Public Works Director
Krug)
The City commission approved Resolution No. 2006-003 to provide for collection of stormwater fees
through the annual Orange County tax roll. The agreement between City of Ocoee and Orange County
Tax Collector requires the City to annually certify the non-ad valorem assessment roll by September
15th. The fiscal year 2008/2009 tax roll for Stormwater calculates revenue to be $2,709,917. This is
an increase of $434,447 from the current year.
I F. PUBLIC HEARINGS & SECOND READING OF ORDINANCES
15. Citrus Oaks. (Advertised in the Orlando Sentinel Classified Legal on Sunday, August 24, 2008).
(Senior Planner Howell)
The subject property is located on the southeast comer of the intersection of SR 50 and Citrus Oaks
Avenue. The subject property is approximately 2.13 acres in size and is the site of an existing
professional office building that was permitted by the City in 1998.
a. Small Scale Comprehensive Plan Amendment
b. PUD RezoninglLand Use Plan
16. Oak Trail Reserve PUD. (Advertised in the Orlando Sentinel Classified Legal on Sunday,
August 24,2008). (principal Planner Fabre)
Oak Trail Reserve PUD is located on the northeast quadrant of the intersection of Clarke Road and
Clarcona-Ocoee Road. The subject property is approximately 38.6 acres in size of which 3.1 acres are
designated as conservation/wetlands. The subject property is currently undeveloped and is partially
covered with trees mostly on the south side of an isolated wetland and along the eastern boundary of
the property. The remainder is open field.
a. LUP Amendment Ordinance
b. Final Subdivision Plan (Not a Public Hearing)
c. Clarke Road Improvements (Not a Public Hearing)
17. Martinez Variance. (Advertised in the Orlando Sentinel Classified Legal on Thursday, August
21,2008). (principal Planner Rumer)
This variance application requests that a proposed sunroom addition at 2317 Wickdale Court be
allowed to encroach 15 feet into the 25 foot rear yard setback. The proposed sunroom would be used
as a Florida room. The applicant contracted with Conner Home Improvements Inc. to build the
addition and submitted for buildings permits. But due to the 25' setback; the building permit was
rejected. The proposed variance request by David & Vivian Martinez for a rear yard setback variance
from 25 feet to 10 feet for an enclosed sunroom addition was reviewed at a Public Hearing by the
Board of Adjustment on August 14,2008. The Board of Adjustment voted 5-0 to recommend approval
of the variance request. The Board of Adjustment based the recommendation for approval on the fact
that a variance to the rear setback had already been approved in 2007.
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City Commission Regular
September 2, 2008
18. Chandler Variance. (Advertised in the Orlando Sentinel Classified Legal on Thursday, August
21,2008). (Principal Planner Fabre)
The variance application requests that a shed located at 1401 Ridgefield Avenue be permitted to
encroach two feet into the five foot side yard setback. The shed is 12x14 and is required by code to be
located a minimum of 5 feet from the side yard setback. The applicant contracted with a company to
install a shed in the rear yard. The shed was placed and affIxed at a distance of three feet from the side
yard property line instead of the required five feet. The applicant is in the building permit process and
approval is contingent upon receiving a variance or relocating to the five feet minimum setback. The
proposed variance request by Mary Lou Chandler for a side yard setback variance from 5 feet to 3 feet
for a shed exceeding 120 sq. ft. was reviewed at a Public Hearing by the Board of Adjustment on
August 14,2008. The Board of Adjustment voted 5-0 to recommend approval of the variance request.
The Board of Adjustment based the recommendation for approval on the fact that the proposed shed
was replacing an older shed.
19. Solid Waste. (public Works Director Krug)
a. Resolution Increasing Rates for Residential Curbside Service. (Advertised in the
Orlando Sentinel Classified Legal on Sunday, August 17, 2008; additionally Solid Waste
Customers received Notice of this Public Hearing via Us. Mail on July 31,2008).
During the July 15, 2008, Commission meeting, Public Works presented several options for
addressing the increased costs. The Commission directed staff to increase the residential monthly
sanitation fee by $2 from $19 to $21. This will increase the annual cost per house hold from $228
to $252 for the sanitation service with the General Fund providing the remainder of the
approximately $200,000 in operating expenses.
b. Certification of Non-Ad Valorem Assessment Roll for Solid Waste Inclusion
on the Orange County Tax Roll for Fiscal Year 2008/2009.
The City commission approved Resolution No. 2006-003 to provide for collection of Solid Waste
fees through the annual Orange County tax roll. The agreement between City of Ocoee and
Orange County Tax Collector requires the City to annually certify the non-ad valorem assessment
roll by September 15th. The fiscal year 2008/2009 tax roll for Solid Waste calculates revenue to
be $2,665,593. This is based upon the residential Solid Waste fee increasing to $21 a month.
This is an increase of $317,190 from the current year.
I G. REGULAR AGENDA I
20. Woodbery Family Ltd: Authorization to Approve Resolution and Authorize
Condemnation. (City Attorney Solik)
The City needs to acquire the easement necessary to extend utilities through the Woodbery Family
LLP property to the east of Arden Park Phase 1 property. The City has had the necessary easement
appraised by Dan DeRango of DeRango Best & Associates who arrived at an appraised value of
$19,710.00. The City has made an offer to purchase the easement from the Woodbery family at its
appraised value, but the Woodbery Family has rejected the City's offer and it appears that voluntary
acquisition is unlikely.
21. Approval of Human Relations Diversity Board Amended Resolution and
Bylaws. (Human Resources Director Carnicella)
The Human Relations Diversity Board (HRDB) was created by Resolution 2003-21, which was later
amended by Resolution 2004-11 to change the quorum requirement to 51 %. The HRDB currently
consists of eight (8) members, and has a maximum membership requirement of fifteen (15). Members
have been trying to recruit new applicants for the board and have voted to change the membership
requirements as an effort to build and maintain their membership. Members also discussed amending
the by-laws to reflect the wording of the charter so that the two parts do not contradict each other.
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City Commission Regular
September 2, 2008
22. Discussion Regarding Formation of Charter School Committee.
At a workshop on July 28, 2008, the Commission discussed the formation of a Charter School
Committee which would consist of one member appointed from each district. Staff was directed to
place this on the agenda for the second meeting in August.
I H. STAFF REPORTS
I I. COMMENTS FROM COMMISSIONERS
I ADJOURNMENT
PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTES 286.0105: ANY PERSON WHO DESIRES TO
APPEAL ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
ALSO, IN ACCORDANCE WITH FLORIDA STATUTE 286.26: PERSONS WITH DISABILITIES NEEDING
ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE
CITY CLERK, 150 N. LAKESHORE DRIVE, OCOEE, FL 34761, (407) 90S -3105 48 HOURS IN ADVANCE OF THE
MEETING.
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