HomeMy WebLinkAbout09-02-08
MINUTES
OCOEE CITY COMMISSION
September 2, 2008, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
I A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7: 15 p.m. in the Commission Chambers of
City Hall. Commissioner Anderson gave the Invocation and State Representative Brian
Nelson led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a
quorum present.
Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner
Keller, and Commissioner Johnson.
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
I B. PRESENT A TIONS AND PROCLAMATIONS
Presentation by CACOPD Members to Ocoee Police Department Officer of the Quarter;
CACOPD Chairman John Grogan presented the award to Jamie Byrd who is a School
Resource Officer as well as being involved with the DARE and Police Explorer programs.
(Police Chief Brown)
Presentation by Legislative Consultants. (Assistant City Manager Croteau)
Legislative Consultants Chris Carmody and Robert Stuart of Gray Robinson gave a
PowerPoint presentation summarizing the events of the last legislative session. He explained
that there are 120 members of the House of Representatives, 77 Republicans and 43 Democrats.
They serve two year terms and are all up for re-election in each even year. This year there are 33
open seats. He also stated the Florida Senate has 40 members, 26 Republicans and 14
Democrats. They serve four year terms, 21 seats are open in 2008. They briefly described bills
that passed and those that failed and participated in a question and answer period.
R.P. Monacky, 1820 Prairie lake Blvd, asked for clarification on sales tax issues. Rep. Brian
Nelson gave a brief explanation.
Dale Wells, 431 Bridge Creek, asked Rep. Nelson to expand on what he said about the lottery
paying for Bright Futures Scholarships. Mr. Nelson said the money they were generating was
less than the cost of the education so now a credit hour that was for example $150, may be
subject to having a surcharge of a certain percentage applied by some colleges. The parents will
have to cover that cost. He added that community colleges and many other colleges will still pay
at 100%. Colleges have to make application to be able to charge a surcharge, and most do not
qualify. Discussion followed regarding red light cameras; low income house bills, specifically
the Sadowski Trust fund; appropriation of lottery money; and the City's attempt to get rid of
Colony Plaza being adversely impacted by the change in legislature regarding eminent domain.
Consensus of the Commission was that the Consultants from Grav Robinson
should be briefed on the Colonv Plaza issue bv City Attornev Rosenthal to see if
anvthinq can be done at the leqislative level.
Rep. Nelson added that they voted to give themselves a 5% pay cut this year. He added that the
Gray Robinson Consultants are the best in the business and they are a pleasure to work with in
Tallahassee.
City Commission Regular
September 2, 2008
I C. COMMENTS FROM CITIZENS/PUBLIC
None
I D. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller I) said the Evans Rezoning Meeting was rescheduled to Wednesday,
September 10, 2008, in the cafeteria of the Ninth Grade Center. 2) said the Ocoee High School
Drama Club will be serving lunch as a fund raiser at Winter Garden Pizza Company on Sunday,
September 7, 2008 from 11 a.m. to 4 p.m. and all proceeds will go to the drama club.
Commissioner Johnson said he sent out an email to the Commissioners after he had a budget
discussion with the City Manager and addressed some new issues that he would like to discuss
under Commission Comments at the end of the meeting. Mayor Vandergrift asked if sending
an email to Commissioners is a violation of the Sunshine Law. City Attorney Rosenthal stated
you can send out an email, but if there is a reply that is a violation of the Sunshine Law. He said
as a general policy email communications are discouraged because of the possibility of an
inadvertent reply. Commissioner Johnson's email was distributed to the Commission for a later
discussion.
Commissioner Anderson - no announcements
Commissioner Hood 1) Ocoee Youth Soccer League sign ups are this weekend at Jim Beech
Recreation Center, 2) Ocoee played the Jamboree last week against Oakridge and lost 14-13; the
season starts this week against Winter Park.
I E. CONSENT AGENDA
~9g$~pt~g~P~l\i
Commissioner Anderson, seconded by Commissioner Keller moved to approve
Consent Aaenda Items #1 throuQh #13, pullina Item #14 to be heard separately.
Motion carried 4-0, with Commissioner Johnson away from the dais.
Approved on Consent. Motion carried 4-0, with Commissioner Johnson away
from the dais.
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.
Approved on Consent. Motion carried 4-0, with Commissioner Johnson away
from the dais.
Page 2 of 14
City Commission Regular
September 2, 2008
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.
Approved on Consent. Motion carried 4-0, with Commissioner Johnson away
from the dais.
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.
Approved on Consent. Motion carried 4-0, with Commissioner Johnson away
from the dais.
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 of Ocoee. 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.
Approved on Consent. Motion carried 4-0, with Commissioner Johnson away
from the dais.
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).
Approved on Consent. Motion carried 4-0, with Commissioner Johnson away
from the dais.
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.
Approved on Consent. Motion carried 4-0, with Commissioner Johnson away
from the dais.
Page 3 of14
City Commission Regular
September 2, 2008
This plat is for Lakewood Manor which is 15.80 acres and located along the west side of Lakewood Avenue,
across from Wurst Road. This project consists of a 54 single family homes with its associated amenities.
Approved on Consent. Motion carried 4-0, with Commissioner Johnson away
from the dais.
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 Avenue and Division Avenue.
Approved on Consent. Motion carried 4-0, with Commissioner Johnson away
from the dais.
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.
Approved on Consent. Motion carried 4-0, with Commissioner Johnson away
from the dais.
In preparation for the work on Lakeshore Drive and the future City Hall regional storm water 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 tbe 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.
Approved on Consent. Motion carried 4-0, with Commissioner Johnson away
from the dais.
lrecor.
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.
Approved on Consent. Motion carried 4-0. with Commissioner Johnson away
from the dais.
Page 4 of 14
City Commission Regular
September 2, 2008
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-0511-06 for these services.
Approved on Consent. Motion carried 4-0. with Commissioner Johnson away
from the dais.
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.
This Item was pulled from the Consent Agenda and heard separately.
Commissioner Anderson asked why there is an 18% increase in stormwater fees over last year.
Public Works Director Krug said the increase was not in the fees themselves as opposed to
how they were being calculated. He added as they refine the system they are finding that many
of the facilities or commercial properties were being coded/charged as vacant properties or
residential and they have been making the corrections to bring them in line with the resolution.
Commissioner Anderson asked if we did anything regarding the non profit organizations. City
Manager Frank said there were a few non profits that were being assessed at a higher amount
than they should have, but those have been addressed.
Commissioner Anderson. seconded bv Commissioner Keller moved to approve
Item #14 per staff recommendation. Motion carried 4-0, with Mavor Vanderqrift
out of the room.
I F. PUBLIC HEARINGS & SECOND READING OF ORDINANCES
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
City Attorney Rosenthal read the title of the Ordinance
Senior Planner Howell advised that this is a Comprehensive Plan Amendment so it will be
transmitted to the Department of Community Affairs for final approval 10 days following this
hearing. He gave a summary of the proposed Comprehensive Plan Amendment. Commissioner
Anderson asked owner Dean Sant what type of tenants will be in the building. Mr. Sant
described the future tenants as quasi retail and stated that the Health Care Center will be moving
out in approximately nine months.
Page 5 of 14
City Commission Regular
September 2, 2008
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak the Public
Hearing was closed.
Commissioner Anderson, seconded bv Commissioner Hood moved to adopt
Ordinance 2008-012 amendinq the Comprehensive Plan per staff
recommendation. Motion carried 5-0.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2008-012
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE OCOEE
COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE
NO. 91-28, AS AMENDED; AMENDING THE FUTURE LAND USE MAP OF THE
OCOEE COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND USE
DESIGNATION FROM "PROFESSIONAL OFFICES AND SERVICES" TO
"COMMERCIAL," FOR CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.96 ACRES LOCATED SOUTH OF AND ADJACENT TO
COLONIAL DRIVE (S.R. 50) AND EAST OF AND ADJACENT TO CITRUS OAKS
DRIVE; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL
CITY FUTURE LAND USE MAP; REPEALING CONFLICTING ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
b. PUD RezoninglLand Use Plan
City Attorney Rosenthal read the title of the Ordinance.
Senior Planner Howell explained that this is a companion ordinance to the Comprehensive Plan
Amendment which entails the rezoning for the entire 2.13 acres of property.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak the Public
Hearing was closed.
Commissioner Anderson said he would rather not see more cell phone, optical, and pizza
businesses, but rather something that would highlight the area.
Commissioner Keller, seconded bv Commissioner Anderson, moved to adopt
Ordinance 2008-013 approvinq the PUD Rezoninq/Land Use Plan. Motion carried
5-0.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2008-013
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM OCOEE P-S, "PROFESSIONAL OFFICES AND SERVICES"
TO OCOEE PUD, "PLANNED UNIT DEVELOPMENT," ON CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 2.13 ACRES LOCATED SOUTH OF
AND ADJACENT TO COLONIAL DRIVE (S.R. 50) AND EAST OF AND ADJACENT TO
CITRUS OAKS DRIVE, PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE
OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE
REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
Page 6 of 14
-------~
City Commission Regular
September 2, 2008
c. Development Agreement
Commissioner Keller, seconded by Commissioner Anderson, moved to approve
the Development A~reement with Citrus Oaks Center, Inc., authorizin~ execution
by the Mayor and City Clerk. Motion carried 5-0.
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.
I a. LUP Amendment Ordinance
City Attorney Rosenthal read the title ofthe Ordinance.
Principal Planner Fabre gave a summary of the LUP Amendment, Final Subdivision Plan, and
the Clarke Road Improvements.
There was discussion regarding the West Orange Trail being temporarily closed during
construction, a trail head park that will be dedicated to the City, whether or not there will be 8
foot sidewalks. Principal Planner Fabre said they are standard sidewalks, not the extended 8 foot
sidewalks. The Engineer was present and Mr. Fabre asked him to check the site plan.
While the plan was being reviewed, Commissioner Keller disclosed that Paul Caruso, one of the
owners, is his brother-in-law, and said he would abstain from voting due to conflict. City
Attorney Rosenthal asked Commissioner Keller to file a Voter Conflict form with the Clerk.
After reviewing the plans Mr. Fabre said they are standard five foot sidewalks, on the south side
of Clarcona Ocoee Road there are already existing sidewalks. Commissioner Keller said on the
east side we have five foot sidewalks so it will work together, he just wanted to make sure they
stay consistent. City Attorney Rosenthal said that the sidewalks on the west side are addressed
in the Arden Park PUD.
Commissioner Anderson, seconded by Commissioner Hood, moved to adopt
Ordinance 2008-014 approvin~ the PUD Rezonin~/Land Use Plan. Motion carried
4-0, with Commissioner Keller abstainin~.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2008-014
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA APPROVING A
NONSUBSTANTlAL AMENDMENT TO THE LAND USE PLAN FOR OAK TRAIL
RESERVE PUD ON CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY
38.6 ACRES LOCATED NORTHEAST OF THE INTERSECTION OF CLARKE ROAD
AND CLARCONA-OCOEE ROAD AND WEST OF THE WEST ORANGE TRAIL, AS
PETITIONED BY THE PROPERTY OWNER; AMENDING TRACT B OF THE LAND
USE PLAN FOR OAK TRAIL RESERVE PUD TO ALLOW FOR THE DEVELOPMENT
THEREON OF EITHER: (A) UP TO A MAXIMUM OF 25 SINGLE FAMILY
RESIDENTIAL UNITS, OR (B) UP TO A MAXIMUM OF 80 TOWNHOME UNITS, IN
LIEU OF ALLOWING ONLY TOWNHOME UNITS, AS PREVIOUSLY APPROVED;
PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES;
PROVIDING AN EFFECTIVE DATE.
Page 7 of 14
City Commission Regular
September 2, 2008
b. Final Subdivision Plan & Clarke Road Improvements (Not a Public Hearing)
Commissioner Hood, seconded bv Commissioner Johnson. moved to approve
the Final Subdivision Plan which includes the Clarke Road Improvements as part
thereof per staff recommendation. Motion carried 5-0.
17. Martinez V arhince dvertised'
(principal Phllirier mnef)
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.
Principal Planner Rumer described the request for variance to the rear yard setback. He said
the variance is not supportable due to the criteria in our Code, but they tried to layout some
reasons why the Commission could approve it on conditions, particularly that another variance of
the same type had been approved in that subdivision.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak the Public
Hearing was closed.
Commissioner Johnson. seconded bv Commissioner Anderson. moved to
approve the Martinez variance per recommendation of the Board of Adjustment.
Motion carried 5-0.
18. Chandler Variance. (Advertised in the Qrlanclo Sentinel Classifi 2008).
(Prilici paFPlalinerFabfe)
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. Thc
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.
Principal Planner Rumer described the request for variance to place a shed into the rear yard
setback. The Board of Adjustment approved this variance 5-0 based on the fact that it is
replacing an existing shed and would not cause harm to anyone.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak the Public
Hearing was closed.
Commissioner Anderson. seconded by Commissioner Johnson. moved to
approve the Chandler variance per recommendation of the Board of Adiustment.
Motion carried 5-0.
Page 8 of 14
City Commission Regular
September 2, 2008
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.
City Attorney Rosenthal read the title of the resolution. Public Works Director Krug stated
that the Commission previously directed staff to create a resolution increasing the Residential
solid waste fees. He explained that the cost for next year, due to increase of fuel and tipping
fees, will increase per resident per month approximately $3.54 over the $19.00 currently being
changed. The Commission, in previous a discussion, made the decision to increase the rate to
the residents by $2.00 per month and absorb the additional cost. A survey will be going out in
the next News To You which will get input on going to once per week trash pickups and how
many people would require two cans if that were to occur.
Mayor Vandergrift opened the Public hearing
The following residents spoke against raising the residential garbage fee:
Vincent Grenelli, 501 Bridge Creek Blvd.
Danny Howell, 895 Marlene Drive
Dale Reynolds, 431 Bridge Creek Blvd.
Jennifer Bark, 2032 Hedgerow Circle.
The following residents spoke in favor of raising the residential garbage fee and keeping the
service the same:
Rosemary Wilsen, 1019 Shady Maple Circle
Henry Morgan (via email), North Lakeshore Drive.
Some residents as well as Commissioners expressed that they felt the survey should have gone
out before the rate increase. Public Works Director Krug said we are using the information in
the survey to help find a better way to do business and reduce our costs in the future because the
fund is still not completely self sustaining. The rate increase needed to be done either way.
Mayor Vandergrift closed the Public Hearing.
Commissioner Anderson said he thought they discussed doing the survey first so we would
have that input before they voted on the issue. He asked the Clerk to check the records. He
thinks cutting to once per week would save a lot of money in fuel costs. He added that there
should be something built into the fee increase so the cost would go back down if fuel charges
went down again. Public Works Director Krug said he is not sure if we could do that because
it is non advalorem tax. City Attorney Rosenthal said that adjustment would have to be done
on an annual basis because of the nature of the non ad valorem one-time fee.
Commissioner Anderson asked if we didn't the put the franchise fees in the general fund and
placed it in the solid waste, would we still be in the red. Public Works Director Krug said if
we did that with the $2.00 increase, we would probably break even.
Commissioner Johnson said our revenues have been cut by $2,000,000 due to Amendment 1
being passed, and the fuel and tipping fees have gone up. The money needs to come from
Page 9 of 14
City Commission Regular
September 2, 2008
somewhere. He said the power company placed a "temporary" fuel charge on our bills 20 years
ago and it has never come off. Now they are raising the rates again.
Resident Vincent Grenelli said the Commission needs to get creative on how to reduce the
costs such as recycling or a lower number of pickups. Mr. Krug stated that currently recycling
does not cover the cost of the trucks that are picking up the stuff. He said they looked into
adding larger carts and having fewer recycling pickups, purchasing larger containers at the cost
of $593,000 would mean that no cost savings would be realized until they were paid off in four
years. Mayor Vandergrift said the negative side of once-per-week pickups would be that
people may begin to dump their trash. Commissioner Hood said a system to determine and
reward those who only needed pickups once a week would be helpful, but that would cost the
city more to track that. Mr. Krug said they are looking at some "work order" type systems that
have GPS tracking in the trucks, but the efficiency of the system is not there.
Commissioner Anderson said in Geneva, IL, if you have additional trash pickup needs, you go
to the local grocery store and pickup special bags and then you are charged extra on an "as
needed" basis. Mr. Krug said most programs ofthat nature are done in cities of 100,000 or more
because then can spread the costs out more efficiently.
Mayor Vandergrift closed the Public Hearing.
Mayor Vanderqrift. seconded by Commissioner Johnson. moved to adopt
Resolution No. 2008-013. approvinq the increase in rates for residential curbside
service (QarbaQe recyclinq and yard and bulky waste),
Commissioner Johnson said we can still get the survey completed and if that shows we can go
to one pickup, we can change it in next year's budget process. He said we may consider offering
incentives to HOA neighborhoods who decide as a whole to go to one pickup.
Commissioner Keller said he would like to have the survey so we know what people want, but
for this year we have no choice but to raise the rates. He said if it has to corne out of the general
fund they will have to make even more cuts in the FY 08-09 budget than they already are. He
said they can reevaluate it after the survey is in and they know what is going to happen with gas.
Public Works Director Krug said the survey will be going out with the next newsletter. He
added that it took some time to get a prepaid postcard inserted to encourage as much feedback as
possible.
After the discussion, the vote was taken on the previous motion:
Motion carried 4-1. with Commissioner Anderson opposed.
The resolution as adopted carries the following title:
RESOLUTION NO. 2008-013
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, INCREASING
RATES FOR RESIDENTIAL CURBSIDE (GARBAGE, RECYCLING
AND YARD & BULKY WASTE) SERVICE; REPEALING
RESOLUTIONS OR PORTIONS OF RESOLUTIONS INCONSISTENT
THEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
Page 10 of 14
City Commission Regular
September 2, 2008
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.
Commissioner Anderson, seconded bv Commissioner Keller, moved to approve
the certification of the tax roll for collection of solid waste fees throu~h the
Oran~e County Tax Roll, per staff recommendation. Motion carried 5-0.
I G. REGULAR AGENDA
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.
City Attorney Rosenthal read the title of the resolution.
Mr. Rosenthal said this item is to acquire an underground utility easement to serve the Arden
Parks South property and to create a loop of the utility system to be able to connect across the
W oodbery property off of Clarke Road. He added that we have a Developer Agreement with
Arden Park which requires the City to proceed with this. Acquisition Arden Park is responsible
for putting in the infrastructure improvements. Staff recommends approval by the commission.
Commissioner Anderson clarified with City Manager Frank that it is within our water district
and we are not making an easement for Orange County.
Commissioner Keller, seconded bv Commissioner Anderson, moved to approve
Resolution 2008-014 authorizin~ acquisition of the Woodberv property by eminent
domain. Motion carried 5-0.
The resolution as adopted carries the following title:
RESOLUTION NO. 2008-014
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING
TO THE ACQUISITION BY EMINENT DOMAIN OF PROPERTY,
INCLUDING BUT NOT LIMITED TO, AN UNDERGROUND UTILITY
EASEMENT, PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
Page 11 of14
City Commission Regular
September 2, 2008
EMERGENCY ITEM
Project to Provide for Bi
Phase 2 of the La
es and Landscaping.
ore Drive Improvements
Al Butler, CIP 1\fanager described the improvements that would be made along Bill Breeze
Park in conjunction with this project. It will add 3 pavilions, tables, trees and lighting. He said
contractor will install the Pavilions and the trees and the City will install the furniture items.
Commissioner Anderson. seconded by Commissioner Johnson moved to
approve ChanQe Order No.2 per staff recommendations. Motion carried 4-0 with
Mayor VanderQrift away from the dais.
21. ApprovalofHuII1~I1R:~latio ])!'versiijr Board..... ended ()lllfiollaridByHiws.
(IIllID~n..~~s()-qrc:espir~ctc;llJ ~~~U:l)
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.
Consensus of the Commission was to send the bylaws back to the HRDB Board
and advise them to reconsider what is to be amended. The Commission felt the
Board should be limited to Ocoee residents and the Quorum issue would be
better addressed by lowerinQ the number of members on the board rather than
lowerinQ the number of members that constitute a Quorum.
22. DisCllssion RegardIng F()rmatIon>ofCl1al"terStl1oo1CoIIlIWtte~;
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.
Commissioner Keller 1) said the Evans Rezoning Meeting was rescheduled to Wednesday,
September 10, 2008, in the cafeteria of the Ninth Grade Center. 2) said the Ocoee High School
Drama Club will be serving lunch as a fund raiser at Winter Garden Pizza Company on Sunday,
September 7, 2008 from 11 a.m. to 4 p.m. and all proceeds will go to the drama club.
Commissioner Johnson 1) announced that any organizations that wish to be part of the next
Founders' Day meeting to contact him because the date will be announced soon; at this time they
have approx $60,000 in donations. He stated that this year there is higher that usual
entertainment costs for the main attraction, but next year they plan to pay for the entertainment
by selling tickets to the concerts.
Page 12 of 14
City Commission Regular
September 2, 2008
2) Commissioner Johnson said after a budget meeting with City Manager Frank he sent out an
email that consisted of some budget ideas that he wanted to discuss tonight or in a special
meeting; the email read as follows:
After our last budget meeting, I spoke with Rob about coming up with a plan to fund
the projects and improvements the Commission was wanting. Here is what we have
come up with. Using the starting millage rate of 4.4202:
· increase millage rate to rolled back rate of 4.7371 which will generate
$681,035 for additional programs and capital items.
· fund 1/2 of Clarke Road resurfacing ($423,500) from additional reselVes
· fund all park improvements for the next few years from a bond or financing
program and include fire station in District 1. $6 million is about $400,000
debt selVice for bond.
· implement fire fee at 25% or 30% to generate $800,000 to $900,000 per year
to fund fire deparlment operational costs and capital construction debt selVice
for next fiscal year (08/09)
· Also, fund 1/2 of temporary station from this year's general fund for 6 months
of operation about $340,000. This way the fire fee will be used exclusively for
the new fire station and that department's costs which will benefit the
taxpayers of Ocoee.
Commissioner Johnson reviewed his email and stated that these suggestions will enable us to
keep a millage rate of 4.7371 and still complete all of the projects that are important. He said the
Fire Fee could be adopted strictly as a means to build and maintain a new fire department. He
also advised that there is a 33 acre park on Clarcona Ocoee that is privately owned; the owners
would like to sell it to the City rather than a private owner and they are willing to finance it over
4 or 5 years. He said there are some wetlands on the property, but there are 19-20 acres of good
land. He felt it would be an ideal location for a new fire department and a passive park on the
lake. He wants the Commissioners to consider this before the budget public hearing. He added
that they should consider completing all the parks projects through bonding. Commissioner
Hood said he likes the location Commissioner Johnson suggested for the new fire department
and he does not have any issues with bonding and would like to see those projects of those get
completed. Commissioner Anderson clarified some points on Commissioner Johnson's list.
City Manager Frank said that we may not be able to fund the temporary fire station from the
fire fee this year because they had already adopted the assessment at zero. He said they may have
to pay the $340,000 from the general fund this year for a temporary station. He added that if
they implement a fire fee for the full year next year, they should be able to fund cost of
construction and operations of the new fire station. City Attorney Rosenthal said he does not
think a fire assessment fee could be done in the next fiscal year. Commissioner Johnson said
he does not want to do it next year. City Manager Frank said that is why he is clarifying that
from the $681,000 of extra revenue to select things from the wish list, $340,000 may have to
cover six months of operation for the fire station. Commissioner Anderson said no one with
vote with him to implement the Fire Fee, even at 10%, a few months ago. Commissioner
Johnson said he is only in favor of a fire fee in the 2009-10 Fiscal Year if it is used to build and
operate a new fire station.
Clarification was made that the Tentative Budget Public Hearing was being held on Monday,
September 8, 2008, at 7:00 p.m.
Page 13 of 14
City Commission Regular
September 2, 2008
Commissioner Anderson also added that he feels the City needs to look at a major utility bond
in the area of $50,000,000 over the next 20-30 years to address our water and waste water needs.
He asked Finance Director Horton about our existing recreation bond. Ms. Horton said it was a
Capital Improvement Bond of which we still owe 9.3 million and matures in 2028; it was for the
Beech Center, Park Improvements, and a Fire Station. Commissioner Anderson said we need
to survey the community to see what they want. He added we also need to aggressively look at
selling the AD Mims Property. Assistant City Manager Croteau said there is someone that
will be looking at that property tomorrow, and Development Services Director Shadrix put
together a bid so we will be ready to go out to bid for that.
Mayor Vandergrift reminded everyone of the Budget Public Hearing on Monday, September 8,
2008.
I ADJOURNMENT
The meeting was adjourned at 10:21 p.m.
Attest:
APPROVED:
City of Ocoee
Page 140f14