HomeMy WebLinkAboutItem #01 Approval of Minutes
MINUTES
REGULAR CITY COMMISSION MEETING
July 7, 2009, 7:15 p.m.
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 Keller gave the invocation, followed by the Pledge of
Allegiance to the Flag, and led by Commissioner Wilsen. City Clerk Eikenberry called roll
and declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson and Commissioner Keller.
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
I B. PRESENT A TIONS AND PROCLAMATIONS
Proclamation - Parks and Recreation Month - July 2009. (Mayor Vandergrift)
I C. COMMENTS FROM CITIZENS/PUBLIC
Sherry Loiacono, of Oakland Florida, mother of Melissa Walsh, asked for a reduced fee for
NW A Wrestling Benefit fundraiser event for her daughter. Her daughter is a recent graduate of
West Orange High School who became a quadriplegic last year after a vehicle accident. Parks
and Recreation Director Hayes said that he has been discussing this with the City Manager and
felt they could reduce the fee for the use of the Beech Center for this event, scheduled for July
25, 2009, for $100 for the evening.
Mayor Vanderarift. seconded by Commissioner Hood moved to reduce the fee for
the Jim Beech Recreation Center to $100 for a fundraiser event for Melissa Walsh.
to be held on July 25.2007. Motion carried 5-0
I D. STAFF REPORTS AND AGENDA REVIEW
City Manager Robert Frank gave the following report:
Police - Redlight Camera Update - On July 8, the first functional redlight camera will be put into
use at Maguire Road and State Road 50. Only warnings will be issued during the first two weeks
of using the camera (7/23/2009). A resolution will need to be brought back to the commission in
order to implement the program and begin issuing fines. City manager anticipates that the
resolution will be presented at the next commission meeting. The ticket for running the red light
will be $120 after July 23rd.
Mayor Vandergrift said that more accidents happen at intersections which is the purpose of
using the camera - to deter accidents, not to make money.
Police- Moved into New Office - 646 Ocoee Commerce Parkway. The move went well and the
grand opening is Thursday August 6th at 10:00 a.m.
City Commission Regular
July 7, 2009
Parks & Recreation - July is National Parks & Recreation month. To celebrate, the department
will be hosting the Splish Splash Summer Bash on Saturday July 18th. The event will be held at
the Jim Beech Recreation Center. There will be games, prizes, free hot dogs and swimming
from 11 a.m. to 2 p.m. Admission is free. There will also be a movie by the pool at 8:30 p.m.
The featured film will be Inkhcart.
Intern - There will be an intern at the City for the first two weeks in August as part of the Cities
in the Classroom pilot program. Tammy Johnston, a teacher from Ocoee Middle School, will be
joining us to learn about city government. The program is a joint venture between the Bob
Graham Center for Public Service at the University of Florida and the Lou Frey Institute at UCF.
Tammy will be assigned to the city manager's office for two weeks, so do come by meet her.
Tentative Millage Rate - The tentative millage rate for next fiscal year will be brought to the
commission at the next meeting. Work session dates will be set as well. The new rollback rate
will be 5.4974 due to the reduction of assessed values of properties within the city. There was a
$300,000,000 reduction in assessed values. The city manager stated that we're back to the 2005
amount in assessed values.
Sludge Removal Final Cost - As was discussed at the previous meeting and pursuant to
purchasing regulations, the cost of taking the sludge away was $41,035.76.
Changing the Time of the Next Commission Meeting - The mayor requested that the July 21 st
meeting start at 6:00 p.m. because his wife is having surgery. He would like to finish the
meeting earlier so that he can get home to be with her. The City Attorney Rosenthal said that
any previously advertised public hearing would need to be held at 7: 15 p.m. The city clerk said
that she would check to see ifany hearings had been advertised for 7: 15 p.m.
I E. COMMISSIONERS ANNOUNCEMENTS
Commi~..sioner K~ller - 1) thanked the Public Works and Parks & Recreation staff for the
fantastic job they did with the new police department building. On July 22nd to 25th at the
Breakthrough Theater in Winter Park, a teen version of Godspell will be performed. There will
be Ocoee High School students appearing in the performance which starts at 7:00 p.m. The cost
is $10.
Commissioner Johnson - no comments.
CO,mmi~~ioner Wilsen - 1) said there will be a rain barrel workshop at On July 11 th from 10
a.m. to 12 p.m. at the community center. To make reservations call 407-905 3159. She noted
that she has a rain barrel, and she highly recommends having one. 2) said Silver Star Road is
being resurfaced which started July 6th. There is a two mile stretch that will be affected from
Richfield Parkway to Ocoee Apopka Highway. City Engineer David Wheeler stated that the
crews will be working from 9 p.m. at night till 6 a.m. in the morning. City is receiving updates
weekly. They are scheduled to have it all done within 80 days. The work is on Silver Star Road,
a short section of Ocoee Apopka that's a state road and a portion of Franklin that is still a state
road. He said that if anyone has questions, they can call him and he'll put them in contact with
the state.
Page 2 of 15
City Commission Regular
July 7, 2009
Commission~..r, H,Qod - 1) said the All Stars are starting at the Little League Complex. The
juniors will be starting next week at the Sorenson field. The eleven-year olds will be playing at
Central Park. 2) stated that last night there was an incident across the street from his home, and
the Ocoee Fire Department responded very quickly. Ocoee is very fortunate to have such a
professional police and fire department.
Mayor ,yandergrift - 1) said on July 12th there will be students in town from all over Florida
from UCF and in participation with the Lou Frey Institute. There will be a group brought to
Ocoee to participate in his play "Utopia" and to see how a city runs. The students will be fed
and then will go and see the play.
Commissioner Hood said he would like to congratulate everyone involved for the work on the
police station and thanked Commissioner Johnson for the foresight to see that could be converted
to a police station because it turned out so well. Commissioner Johnson said he is upset that we
went ahead and bought the other property for 3.4 million that we should not have bought because
it would cost us $10,000 to develop; we could have moved to this State Farm building a year
ago.
I F. CONSENT AGENDA
Consent Agen'(ja'\fofe\:
Commissioner Johnson. seconded by Commissioner Hood moved to approve
Consent Agenda Items 1-8. except Item 5 which will be pulled and heard
separately. Motion carried 5-0.
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1': A:pprovaliiimdJ;A:cceptan
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Approved on Consent. Motion carried 5-0
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it Commission Minutes' of June 16, 2009.
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__, ...,.t"",a.,IIil<>1_ _. ,'. . "iv,' , .. ,. " ~ '~____ ~ 11I1I Ji . --<,,,,,,-:. .' ,'''''''''' -- ... -.,
The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board
is to review infractions of the City technical Codes, negotiate compliance and impose fines for failure to
comply. The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members, all
with three year terms. There is currently one (I) alternate member position open. An Application has been
received by Elizabeth Osborne who has shown an interest on being appointed to the Code Enforcement Board
for a term ending June 2012. In addition, Member Morton has announced that he will be temporarily away
overseas for 3-4 months and would like the Commission to consider making him an alternate member, moving
Michael Hopper up to a regular member position. There are no other applications on file to fill the board
openmgs.
Approved on Consent. Motion carried 5-0
~~~}~Mrt!"~N~:'?!<{\~:~,<I<:""''''''''~~-1?'.t~..~:<:t;'~~~''''$>l,,, ~,~,,,t~H0F~~~"'~~'TS'~"'t"'-'jij- ~'~'%~~~-
,3)1iJA:llRointmtmt fo'the CommunitfGrant B.e_view B"oard; (g1y~~rk Eikenberry) _ "'
Members of the Community Grant Review Board serve two-year terms. Currently the Community Grant
Review Board has four (4) members and their resolution allows five (5) members. One application was
received from Mr. Keith Carrington with interest in serving on the board.
Approved on Consent. Motion carried 5-0
Page 3 of 15
City Commission Regular
July 7, 2009
prova '""'~ e:!*!,~!~1~!l,!~1~,tr.:~~1 Ag~n~)i';:BrO~i~~1n1~~~'~I~!~enm et~~ln !b!~ilqity!!>i
~e a9,e londa Depar!ment of TransportatIon to' Fu~d t e econstruction of
li~I,~~ke,!t~~ad1t~~t~~~n Silv~r!'!.~itar~~o~d ii~~~ 4~8) ~"gi~ cl,e{codlt-O~jg,~eRQad (~R 439).
(Clfil EngmeerWheeler) ',' ,L.g! 'iit ""il,Y!'
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The City of Ocoee has been selected as a recipient of $1,675,000 in fedcral funds for the reconstruction of
Clarke Road north of Silver Star Road as part of thc American Recovcry and Reinvestmcnt Act of 2009. In
ordcr to receive these funds, the City of Ocoee must provide financial support for other aspects of the project,
such as enginecring design and construction inspection, and comply with a numbcr of project dcvelopment and
administration requirements. One of these requirements is to execute a Local Agency Program (LAP)
Agreement, which establishes the relationship betwecn the City and the Florida Dcpartment of Transportation
(FOOT), the agency administcring the relevant federal-aid program. This Agreement essentially extends to thc
City of Ocoee those responsibilities imposed on FDOT by the fcderal-aid program.
City Attorney Rosenthal read the title of the resolution.
Approved on Consent. Motion carried 5-0
~,: - ~ ,-- ~ -~._- ""'*'lW"'~-~~ .. _ _ _~ ~__ "Wll -... ~", --1;" ~ - '*'"
~b.~pprgy~l 9,! Contrac!t? A~,ar~,t~~ ~,?rk?,,~,pe~i~~nin~ the ~~~?!g~trus!!ion o! Cl~i~~e
r~oa~ 'b.~t~ee~Silveri St~rJ~~aa (S6;::43~)ari(J'IClarconalOc~ee R?i~,a (Cl;l439) ,to 'the
ni~~ipe~.~~.p~ ~I,~,~!!,Rf~Dx~r ,IY2.2J,~,~llls.~:& !:recour!, In~..(qRMPl,';.,!2r~i\~ot-to-exc,eed
i' ,,$30!175:om'(' CitEn" iDeer'WIieele'r) I' '" !t ".i::il,!;,!y '';' "'(ii('!!!!i.('.,!!
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The City of Ocoec prcsently has three firms undcr contract for continuing engineering services. Of these firms,
staff has concluded that Dyer, Riddle, Mills & Precourt, Inc. (DRMP) is best qualified to undcrtake the work of
developing construction plans and specifications for the work due to their prior experience with Florida DOT
construction requircmcnts, which apply to this project. Thc Florida DOT must approve all plans and bid
documents for the project before federal-aid funds arc committcd to the project.
Approved on Consent. Motion carried 5-0
~;t<"'~ '~-~<t'(><''"'''._ .......4~... ., -~F ~ kl}': ~
~!,;,i\;;\~~rov.~]!i!;\;!P " .n of L'~i!l;dssaei~i with GroundT~ek.
i!;2lwii:n~tQr2!(iug.-.. !iWAlll"'" _ iit __--=:_ __
In the 2007-2008 fiscal year, the City attempted to obtain a cost savings by maintaining the City's landscapc
properties only once per month. The once per month frequency did not adequately maintain the City's
properties. The 2008-2009 budget incorporated eighteen cuts per year to provide the additional maintenance
required during the growing season. The budget adequately funds thc eighteen cuts pcr ycar and approval of
this maintcnance frequency will update the cxisting Ground Tek contract to match thc budget.
This item was oulled from the Consent Agenda and discussed seoaratelv.
Commissioner Johnson said he pulled this item because he does not feel that we should
contract with a company that sued the City. Public Works Director Krug said the purpose of
this item is to extend through the end of the fiscal year and propose to bring these services in-
house next year. He added that we attempted to reduce the budget last year by going to 12 cuts
that has not been enough. He said this would add approximately $100,000 to the contract and
increase the number of mows and pay for extra mowing that has already been done.
Commissioner Hood said he is concerned with the poor quality of work they are doing. City
Manager Frank said we will propose using City crews starting October 1, 2009 and save
approximately $140,000. Commissioner Johnson and Commissioner Hood asked if we can
use another company. Mr. Krug advised going out to bid will take some time and there are less
than three months left in this fiscal year. City Manager Frank said at budget time last year we
went from 18 cuts to 12 cuts and we have passed that number of cuts due to the excessive rain
we have experienced. He added we could bid it out to give it to a new company, but the process
would probably take a few months; at that point we would be into the new fiscal year and
possibly going in-house. Commissioner Hood said if we pay them more than we contracted,
Page 4 of 15
City Commission Regular
July 7, 2009
who is going to make sure they do their job since they have had performance issues already.
Commissioner Johnson felt it can be made an emergency action like we have done with other
items rather than going through the whole bid process. Commissioner Wilsen said she is
concerned if we let Ground Tek go we will have service. Mr. Krug said the contract that is
being proposed will ensure that we have someone doing the service through September; at that
point we can either take it in house or go out to bid.
Mavor Vanderarift, seconded bv Commissioner Johnson, directed staff to brina
back more information at the next meetina. Motion carried 4-1 with
Commissioner Wilsen opposed.
Discussion followed with regard to calling an emergency item. City Attorney Rosenthal said
he would need to review the Code. There was also discussion with bringing mowing services
in-house, which would require adding four employees to the staff and purchasing equipment.
They said that issue will be discussed in more detail at budget time. Commissioner Johnson
added that it is partly our fault for trying to cut the service back to 12 cuts instead of 18.
ApPliov ~tate/i,:;;HighwTy ~IBightii"g,..l\fain~ance;f'" aM; Com pe'ffsa tioft Atffeemen t
)Y9tk Qt.J~r...<i~y ~2Llo).:...,(~ublk Wftrks i)irect~.r ~i!!g)'i ;~
The City entered into a contract with the Florida Department of Transportation for lighting maintenance and
compensation on State Highways in August 2002. FDOT is requesting the City execute the renewal of this
contract at $25,736.36. This amount represents a 3% increase from the previous contract period.
Approved on Consent. Motion carried 5-0
f;~PI{:[OVanlf)f G;Ii~grbfti~tlA1llefi'd~~nv'~'itli'kValrby Cr~I,~t:SIWtt1&Sm;~"C~apfng
d~ Imm'oY~!lJ~l!L~mjec!:__m,!!J1.!i~.,,~~Jlir~~c!Rr_!<ll!gt __ '"
The City entered into the Joint Participation Agreement (IPA) with the FDOT on September 7, 2004, for the
Landscaping Improvements on State Road 438 (Silver Star) from Olympus Drive to Woodhaven Court.
Following a lengthy design and approval process, the City awarded the installation work to Valley Crest on
November 18, 2008. Due to conditions encountered in the field and the consensus to upgrade the sod from
Bahia to St. Augustine, we have solicited the attached revision from Valley Crest to complete the project as
desired. The increase of $42,913.00 brings the total installation cost to $199,921.00. This increased price
remains below the funding limit of the JPA.
Approved on Consent. Motion carried 5-0
8 .':~~;j\ppr2y'ailli oHF.1!Jw. Yf!l ~mo rial ~ Jiistice A.ssistan'cewGrantI!'(J A;9Y' Applicatign';;FY
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$17,773.00 has been made available for the Ocoee Police Department through the Edward Byrne Mcmorial
Justice Assistance Grant (JAG), which is based on UCR reports. With this money, staff recommends the
purchase of laptop computers including the software and liccnses for said computers and the purchase of card
readers uscd to populate the report fields.
Approved on Consent. Motion carried 5-0
Page 5 of 15
City Commission Regular
July 7, 2009
I G. FIRST READING OF ORDINANCE - PUBLIC HEARING
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9."~fi~~t<~~~,diiig ~f qrdin~1~5e!~~"CBo~e ~1!~1 P~:s'es",r ~,. ,,~,:.. ~efer~~:ru~,.,~~n~xation.
(A dvertised10'i,!lYblicJj~a'ii1iii:i~' 9r/~iao ,SehtiJ~I;Legai'ClassWed<~on\Thur~day,;'7uile2S:;i2d09.' i1Second
;\ - <::O' ffl.. :':fyv.---- j*_' _ :~:~: --- :',' ,"'O:!.._" - :,,; /. . - if:::, !:{:_//;
'Read{ug,gl Org.ci~llce allq Pub/i,c. Hearillgscbedulerljlt!Jujy.)L..1Q09).:-mr1!!sjp'aligl~1I!n~r..B!Lmerl.__
The character of the annexation area is low density residential. The annexation area includes 244 single-family
dwellings, five retention areas, and roadways with sidewalks on both sides of the road. The annexation area is
surrounded by the West Oaks Mall and residential development on the west, residential development on the
north, multi-family residential on the south, residential development and a solid waste transfer station on the
east. The area is accessed by an entrance on White Road and through Rose Hill Phase I by an entrance on
Good Homes Road. Based on the recommendations of the DRC and Planning & Zoning Commission, staff
recommends that Honorable Mayor and City Commissioners adopt Ordinance 2009-018, providing for the
annexation into the Corporate Limits of the City of Ocoee, Florida, of Certain Real Property Known as Rose
Hill Phases 2 & 3, consisting of approximately 80.68 acres; providing for a referendum on the question of
annexation for the registered electors within the property proposed for annexation; proving for said referendum
to be considered at a special election to be held on September 15, 2009 as a mail ballot election.
City Attorney Rosenthal read the title of Ordinance 2009-018.
Principal Planner Rumor summarized the election process that is to occur. He advised that this
ordinance does not become effective until passed by the referendum election.
Mayor Vandergrift opened the Public Hearing. He acknowledged several members of the Rose
Hill Subdivision who were present in support of the annexation. No one wished to speak; the
Public Hearing was closed.
Principal Planner Rumer announced the second reading of the ordinance and 2nd Public
Hearing will be held on July 21,2009, at 6:00 p.m. or as soon thereafter as practical.
I H. SECOND READING OF ORDINANCE - PUBLIC HEARING
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10: Second Reading of Ordinanc.e Regarding'Approval of the AIll~l1ded"COI1~Qlidatg<l and..
'>v :,', ';'i!h::(:: /.;~~:~ :.:.:,' '.'.' ..:,~..'! ;y' :;-;,,"::r ,,-, ' H::"" :::.~".;: ,':::~':::~:<:;\Y:':;': +H>?~:H:::"N:N ""'%'2<\: ,:nmmw;",':;%i:;!"gW:'fr};,~'
Reshited'OrdiiulDce:~.!or th~City of .Ocoee Municipal General Employees' Retlre'ment
.:;1,;:!r~~~ F;~~d. Ad~ffrti~~~/o~ p'~,~{lc{:ea~~~lg ..~.~. g~!all~~<Selltillel
"%~Wc20091~;CHuma'out~esDirectgr' Carniceiia)J::;::; .
-~A~e;dm~M~ the Gc;~;j Emplo~:P~nsion Ordi';;;;;;;-to i~clude Inte~al Revenue Code changes and
changes to the Uniformed Services Employment and Reemployment Rights Act, to increase the term length of
the Board of Trustees from two years to four years, to require the two Board Members elected by employees be
vested, and to clarify certain language and consolidate and restate all previous Ordinance amendments of the
Plan into one document.
Human Resources Director Carnicella gave a summary of the changes to this ordinance. He
stated that this ordinance compiles all of the changes that have been made over the years into the
ordinance. He said he plans to meet with the employees and give them a new summary plan
agreement and explain the benefits increases that have occurred over the last several years.
Commissioner Johnson asked why they are expanding the terms for Pension Board Members.
Mr. Carnicella explained that the ordinance is now going to require that board members become
certified and it takes at least three years to do that. There was discussion regarding the ordinance
change for employees that worked for the city before 1992 and then returned to the city for
employment; he stated at this time it only applies to one employee at this time.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak the Public
Hearing was closed.
Page 6 of 15
City Commission Regular
July 7,2009
Commissioner Johnson. seconded by Commissioner Keller moved to adopt
Ordinance No. 2009-020. amendina and restatina in full ordinance 96-19 for the
City of Ocoee Municipal General Employees' Retirement Trust Fund.
I I. PUBLIC HEARINGS
fP' -= 't':\ ,~.:_,-,::n ,"''';:'i ( ",:~ '____yom "'( ,..t,,: ,.,;~., ,1/ '8&" -r
ll:i;..:fu~ii, Dalstr~tMan~ Vari;~n~:~-.2~tll €asaba;Co~~! AV~~:':1 CA...g~lf~~i~~d fo"~.~blic ireari~f in
;0;;brJI1}Fdo~icnti!1"eniLeg!!l~19E.ifksf4q1L.rh,l!l:~1!g'y, Jun]11,22Q2L(r.!JnciRal'PJ}ri~r~Umtr )~i,.' ..
This variance application requests that an existing fence at 2111 Casaba Cove Ave. be allowed to be located 7.6
feet from the side street property line. The fence was constructed in 2003 without a permit. During a recent code
enforcement exercise, it was determined that the owners had not pulled a permit. The property owner is seeking
the variance from 15 feet to 7.6 feet as the first step in the permit process.
Principal Planner Rumer explained the request for a variance with regard to a fence.
Mayor Vandergrift opened the Public Hearing. There being on one wishing to speak, the
Public Hearing was closed.
Commission clarified that staff and the Board of Adjustment and the Homeowners' Association
supported this variance.
Commissioner Keller. seconded by Commissioner Hood. moved to approve the
variance for the fence at 2111 Casaba Cove Ave. as presented by staff. Motion
carried 5-0.
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"",J&gflIClassiJ:!f!.i F1!k1JJW5"",rJ !2009)....(gthlfjRa.LE!an_ner .!!M.m~r:)__Jl~" _.:~:
This variance application requests that a proposed replacement fence at 325 Springfoot Ct. be granted a side
street setback variance from 15 feet to 0 feet. The existing fence located on the property line was approved in
May 200 I, under building permit 0006416. The City passed Ordinance 2007-025 in 2007 creating section 5-4.1
in the Land Development Code which grandfathered fences erected prior to January I, 2000, as legal non-
conforming structures. Grandfathered fences are allowed to be repaired and replaced in the location they were
constructed. The existing fence does not meet the grandfathering criteria as it was permitted in May of 200 I.
Principal Planner Rumer explained the request for a variance with regard to a fence.
Mayor Vandergrift opened the Public Hearing. There being on one wishing to speak, the
Public Hearing was closed.
Commissioner Hood. seconded by Commissioner Wilsen. moved to approve the
variance for the fence at 325 Sprinafoot Court as presented by staff. Motion
carried 5-0.
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13 amptoDnlnp re\~p1iJ!~l1:(Fin~llf~~.~;e Pl,an. \r~.dye,.tised
_....b~gaL~/~fued O_~.lid,dd~X, June 25, 20qp)1(Senigr PJ~nn~owell)_.~~ '""~__
The subject parcel is approximately 2.56 acres in size and is located on the south side of Westrun Road. The
proposed Hampton Inn hotel is located on Lot 4 of the West 50 Commercial subdivision. This development will
be the first development in the West 50 Commercial Subdivision, which was approved by the City Commission
on May 15, 2007. The Large-Scale Preliminary/Final Site Plan proposes the construction of a 4 story Hampton
Inn hotel that is 61,489 square feet in area.
Page 7 of 15
City Commission Regular
July 7, 2009
Senior Planner Howell gave a brief description of the property and stated the applicant is
proposing a 4-story Hampton Inn hotel that is 61,489 square feet in area. The hotel has been
designed in accordance with all applicable requirements of the land development code except
those they are seeking waivers from. The applicant has requested three waivers but has justified
all waiver requests by providing an upgraded architectural theme to the building which includes
a stone veneer around the perimeter of the building. The upgrade is above and beyond the
architectural requirement of the land development code. Senior Planner Howell briefly
explained each waiver.
Senior Planner Howell stated that staff recommends approval of the Hampton Inn -
Preliminary/Final Site Plan and the three waiver requests subject to: 1) execution of the
easement/encroachment agreement, 2) receipt of a legal description of the encroachment area,
and 3) Joinder and Consent from the applicants mortgage holder within 60 days or staff will
bring this item back to the City Commission fro approval.
J.D. Alsabbagh, P.E from Sicamore Engineering, representative for the owner, thanked staff for
working with them and inquired if there was any possibility to waive the road impact fees so
they can move the project forward. Commissioner Hood inquired if the waiver of the height
request from 45ft. to 52ft. going to be a problem with the Fire Department. Senior Planner
Howell stated it should not and it was approved in DRC which the Fire Department is a member
of. Commissioner Johnson stated his opinion is that the impact fees will be a problem with
everyone and this is something cities will need to look at because of the economic situation.
Mayor Vandergrift inquired if there was any way they could get half or a portion now and the
rest later. City Attorney Rosenthal stated that when they waive the impact fees it is pursuant to
a specific authorization in the code and it is really not a waiver but an exemption. They have on
occasion waived application fees but our code is very clear on road impact fees. He briefly
explained the code regarding road impact fees and stated there is a procedure in the code which
provides the potential for adjustment and that is if there is a development agreement with respect
to the project, in which they can come up with an alternative schedule, but they need to meet the
criteria of that code. City Attorney Rosenthal explained that for tonight they are not in the
position to even consider the question of waiving the impact fees; however if they wanted staff to
consider that question there will then have to be an evaluation of this project and whether or not
what they are asking does/does not comply with the code. Mayor Vandergrift stated he would
ask staff to look into that and inform the commission if anything can be done or should be done.
Senior Planner Howell stated they do have a procedure for impact fees called the Road Impact
Fee Alternative Fee Calculation - Section 87-5 of the City Code which basically requires the
applicant to submit a traffic study prepared by a professional planner/engineer. It would then
have to come back to the City Commission for approval. Mayor Vandergrift inquired about the
totals for the impact fees. Senior Planner Howell stated the road impact fee was quoted at
approximately $347,000 and the applicant still owes $66,000 in a transportation mitigation
payment that was applicable to the lot in this subdivision. Water and Sewer Fees are calculated
by the Engineering Department so he does not have that calculation. City Attorney Rosenthal
suggested that whether they do or do not what to pursue, the request for the action tonight can be
taken without addressing the subject in the motion and giving them an approval. Then whether
or not they want to address their request he does not believe that there is anything under the code
that would preclude that as a separate matter. City Attorney Rosenthal stated as they look at
Page 8 of 15
City Commission Regular
July 7, 2009
each issue they will notice that every fee has a different rule and set of procedures. He would
suggest that they also look at their bond covenants to make sure they are not breaching it. If the
Commission wants the staff to pursue or explore anything then they should do that as a separate
motion. City Manager Frank stated he agrees with the City Attorney.
The Public Hearing was opened.
Development Services Director Shadrix stated that some of the fees should not be made a part
of this motion and he would recommend that they move forward with the approval pending the
public hearing. This project has been ready to be approved for several months in anticipation of
the developer's executing an easement /encroachment agreement. The motion before them
would be contingent upon them executing successfully those documents. Development Services
Director Shadrix stated his recommendation would be that they focus on the transportation
impact fees and exclude the water/sewer capital charges and the development agreement
associated mitigation payment.
The Public Hearing was closed.
Mr. Alsabbagh, briefly stated that the plans have been approved technically since August 2008
when it went before the Planning and Zoning Commission. He stated he would like to what to
see if there is a possibility on the fee waiver so they can save the owner money.
Commissioner Hood, seconded bv Commissioner Wilsen, moved to approve staff
recommendations. Motion carried 5-0.
I J. REGULAR AGENDA
14.-ReMq~es~' for R~~~ctr~11 o!Fine-a~~,,~1iea~*o! LU'n =C(jde-Enf~~eniertt1rollnrea~e No.
7!f61 ~1l::'2312jijj~ick~!Je'D G,?urt;f)M~~key"Hage;:!iReal;Est,~te Bioke~t" (Division,.iiChief
t~",,~Y)~~-iI__ ';.'0:.,,-;':. ~ ~0-~_~fuli:h VII"''''''' ~.......... T ~,...."""__ ~ ~~,
On July 31, 2007, Officer Carmen Delgado observed violations of city code on the property located at 2312
Wickdale Court, Ocoee, Florida. The violations observed were failure to maintain a swimming pooL The
occupant was given a Notice of Violation to be in compliance by August 8, 2007. Property was reinspected and
found to be in Non-Compliance and was presented before the Code Enforcement Board (CEB) meeting on
September 25,2007. The eEB gave the occupant until October 2,2007, to come into compliance or receive an
order of fine and lien of $200.00 per day. The property was reinspected on October 3, 2007, found to be in
Non-Compliance. An Affidavit of Compliance was completed on June 22, 2009. On June 22, 2009, a request
for a re-hearing for a reduction was filed. A hearing before the CEB on June 23, 2009, was heard for a
reduction of fine in the amount of $119,600.00. The CEB is recommending the fine be reduced to $500.00.
Division Chief Stanley stated the applicant is requesting a reduction of fine and release of lien
on this case and gave a brief history of the case. Mayor Vandergrift inquired if Item 14 was in
relation to the case in Item 15. Division Chief Stanley explained that both cases were for the
same property; however, Item 14 refers to failure to maintain the swimming pool and Item 15
refers to the lack of lawn maintenance. Commissioner Wilsen commented on them only
imposing fines to cover the cost incurred and believes the applicants should be penalized in
addition to covering city costs. She inquired if that type of discussion should wait until after
hearing all three cases, or should it be discussed now. Commissioner Johnson said he looked
Page 9 of 15
City Commission Regular
July 7, 2009
up 2312 Wickdale Court and the bank took over the property early enough that they could have
taken over the property maintenance and covered that cost. Also, he added that he looked at the
property in Item 16 and the applicant lives in New Jersey and has it as a rental property. He does
not understand why they do all this stuff and then knock the fine down to nothing. Division
Chief Stanley stated that he recommended at the last meeting they well cover the city costs
incurred, as well as a penalty. However, the Code Enforcement Board asks him what the staff
cost is and that is what he provides. Commissioner Wilsen stated, as they continue to see cases
before them of fine reductions, she would like to discuss with the Code Enforcement Board
setting a policy for these fines, such as a minimum amount based on the length of time the fine
was initially imposed. She added that city cost does not send a message and is only reimbursing
the city. Commissioner Keller stated in the past that Commissioner Anderson would suggest
the applicant purchasing speed humps as a penalty, which consequently helped the city.
Commissioner Wilsen said the number of foreclosed homes is growing and the city is going to
be responsible for maintaining more properties; she believes collecting penalties on these cases
can be a way to pay for such maintenance. Commissioner Johnson agreed and suggested
depositing the fines/penalties into a fund specifically established for maintaining these
properties.
Commissioner Johnson, seconded by Commissioner Keller, moved to reduce the
fine and release lien in Code Enforcement Board Case No. 07-161 to $10,000 if
paid within 10 days or it will revert back to the oriQinal amount of $119,600.
Motion passed 3.1, with Commissioner Wilsen opposed and Mayor VanderQrift
away from the dais.
Commissioner Wilsen agreed with the penalty, but believes they have put a board in place that
they should support until they set guidelines. Commissioner Johnson said he wants to support
the board in their suggestion, but feels the commission should fine them and let the bank start
taking care of it. He said the bank wants to sell the property so they will charge the penalty to
the buyer and it will get paid. Commissioner Hood agreed that the bank has neglected the
property and should be responsible.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to deposit
the money collected into a code enforcement fund to be used to maintain the
properties with code issues. Motion passed 4-0, with the Mayor VanderQrift away
from the dais.
01-" "\(0:;" ~~ _ _ -~~.. ~:r- 'IIII!rS" "i~::'9I:: ~~ - ~~-l!I\i'" ~ ~ ,', ~}%)>*;'''Mr''~~.~_fIll! R ~ W>\%?l .1*" -~
15. RequestJor Retluction 0' ii1e,;~nd;Release of Lien - Code Enforcen;t.ent Board Ca~e ~o.
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St I ) @@ii*i,. ~I" f it %%' 0i i... W ',i "i
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On October 31, 2007, Officer Carmen Delgado observed violations of city code on the property located at 2312
Wickdale Court, Ocoee, Florida. The violations observed were failure to maintain overgrown grass/weeds. The
occupant was given a Notice of Violation to be in compliance by November 9,2007. Propcrty was reinspcctcd
and found to be in Non-Compliancc and was prcscntcd before thc Code Enforcement Board (CEB) meeting on
November 27, 2007. The CEB gave the occupant until Dccember 7, 2007, to comc into compliance or receive
an order of fine and lien of $250.00 per day. Thc propcrty was reinspected on Deccmber 12, 2007, found to be
in Non-Compliance. An Affidavit of Compliancc was completed on January 10, 2008. On June 22, 2009, a
request for a re-hcaring for a reduction was filed. A hearing before the CEB on Junc 23, 2009, was heard for a
reduction of finc in the amount of $8,250.00. The CEB is recommending the fine be rcduced to $313.00.
Page 10 of 15
~
City Commission Regular
July 7, 2009
Division Chief Stanley gave a brief history of the case.
Commissioner Johnson, seconded by Commissioner Hood, moved to reduce the
fine and release the line on Code Enforcement Board Case No. 07-219 to $5,000 to
be paid within 10 days or it will revert back to the oriqinal amount of $8,250.
Motion carried 4-0, with Mayor Vanderqrift away from the dais.
Discussion ensued regarding the appreciation that commission has for the Code Enforcement
Board and their recommendations; however, they felt a strong need to penalize the violators for
the ongoing issues that are a nuisance to their neighbors and the city.
~; % .}/?:P n -:'::'" 'c": ,,: ~r- - ,<: ,,'::gj))' .... ''; "wnr'* :'R"W' -t.,:, "~'i::' ~:,?n:<,,;;:::;:::t\?/:'" '%<-', mI OP, M :n::: '(lnv).:" ''r.'' _ ~'-X;\<t::!!::"c
!16: Requestfor Reduction of:Fineand'Release1of Lien .JsCode Enforcement Board Ga'seNo.
Q8-2i!...-~.Z~,~.~lc!g~e Cir~le,r!:,;~~~ald G~ntil~i.\Real ..~st~t~ ijrol}~rj} QlAvision' Chie(
d",=~ta!1leY)_2!'!:\:'~=' _i:!J!!~~!n__ iH/!p~!I'!!!k~~ . . i:/:i' ii!~.:__ ~ n.,",' ill ~. t"'}!: ~:):i~ "
On September 24, 2008, Officer Theresa Rodriguez observed violations of city code on the property located at
2754 Alclobe Circle, Ocoee, Florida. The violations observed were failure to maintain overgrown grass/weeds.
The occupant was given a Notice of Violation to be in compliance by October I, 2008. Property was
reinspected and found to be in Non-Compliance and was presented before the Code Enforcement Board (CEB)
meeting on November 25, 2008. The CEB gave the occupant until December 10, 2008, to come into
compliance or receive an order of fine and lien of $150.00 per day. The property was reinspected on December
11,2008, found to be in Non-Compliance. An Affidavit of Compliance was completed on March 9, 2009. On
June 22, 2009, a request for a re-hearing for a reduction was filed. A hearing before the CEB on June 23, 2009,
was heard for a reduction of fine in the amount of $13,935.94.00. The CEB is recommending the fine be
reduced to $452.12.
Division Chief Stanley gave a brief history of the case and stated a representative of the
applicant is present to speak to the commission. Ron Gentile, property representative, stated
that the property came into compliance in March 2009, and Freddie Mac took over the property
in May 2009. He added that they begin maintaining the properties within the first week of
acquisition. Commissioner Johnson inquired as to who held the mortgage and owned the
property prior to Freddie Mac taking it over in May 2009. Ron Gentile said that would have
been a servicer, such as Wells Fargo or Bank of America, but he was not sure who.
Commissioner Johnson said that Freddie Mac would have always been the guarantor of the
loan, so they are ultimately just as responsible. Commissioner Hood asked if they could add the
district number and subdivision name in the subject lines for future agenda items. Division
Chief Stanley agreed to do that. Commissioner Johnson said Freddie Mac is doing their best
to take care of the property now, but still feels they should be penalized with some sort of fine.
Commissioner Hood, seconded by Commissioner Johnson, moved to reduce fine
and release lien in Code Enforcement Board Case No. 08.211 to $8,500 to be paid
within 10 days or it will revert back to the oriqinal amount of $13,935.94. Motion
carried 3.1, with Commissioner Wilsen opposed and Mayor Vanderqrift away from
the dais.
Page 11 of 15
City Commission Regular
July 7, 2009
Discussion regarding handling of Code Enforcement Liens
Commissioner Wilsen asked if they could plan a meeting with Code Enforcement to discuss
implementing some type of policy so that they can be in sync with each other. Commissioner
Johnson asked Division Chief Stanley if staff could send the Code Enforcement Board a letter
explaining commission's recommendations to penalize the violators. City Manager Frank
stated that the mayor and commission could come up with some guidelines that staff could put
into a letter for the mayor's signature. Commissioners Johnson and Wilsen agreed that such
cases are only going to get worse and there are safety issues concerned, as well as neighborhood
nuisances. Commissioner Keller said they seem to go with about 10% of the original lien
amount and asked if that is what they would like to recommend to the Code Enforcement Board.
City Attorney Rosenthal recommended, before adopting specific guidelines, they have staff do
some research as to what guidelines other jurisdictions have so that they do not get locked into
anything. Commissioner Hood stated he believed it should be a case by case basis. He said
some residents are struggling with financial hardships that have them down on their luck and
should not be hit as hard as financial institutions that have the money to take care of it but just
blatantly ignore it until they are ready to sell the property. Consensus of commission was
to send the minutes of this meetinQ to the Code Enforcement Board so that they
understand what the commission is lookinQ for.
Commissioner Johnson displayed some pictures of properties with code enforcement
violations. He said one picture was of a house with grass up to the windows that is near a child
care facility. He stated our city ordinance states the city can mow a property when the grass
reaches a certain height and charge them. He asked why this property in the picture has not been
mowed by the city yet. Division Chief Stanley explained Article 115-9 of the Code of
Ordinances, but they have not received due process back yet from the property, which is why it
is going before the Code Enforcement board in July. Commissioner Johnson stated the other
picture shown was of piles of trash dumped along the right of way on Kissimmee Avenue, which
city trucks must see every day when they ride by. He displayed other pictures and discussed
various issues and the need for the city to clean things up. Commissioner Wilsen asked about
the length of time it takes for due process and, in the meantime, the weeds are 6 foot high and
should be mowed. Division Chief Stanley stated their procedure is to give the owners written
notice and 15 days to come into compliance, at which time the city can go and perform the
service and assess the fee to the owner. He is not sure how it applies once the case is with the
Code Enforcement Board. City Attorney Rosenthal stated that the code gives them the actual
cost plus administrative fees, but not penalties, as opposed to the Code Enforcement Board that
gets the fine accruing but does not fix the problem. He would think you could stop the Code
Enforcement proceeding and change over to Article 115-9 to bring the property into compliance
and would dismiss the case. Commissioner Wilsen stated that would bring the case into
compliance so asked if it would be better to go through all the steps and then have the city mow
it. Commissioner Johnson said that is a case by case issue; for instance, the first photo shown
of high grass is beside a child care facility, so that could be a safety concern. Commissioner
Keller asked how they could handle so many more homes that have these types of violations.
Commissioner Hood said they have just established a fund to maintain these properties by
hiring an independent agency. Commissioner Keller said if they mow all of the properties and
bring them into compliance, then they would not be receiving fines from foreclosures and would
Page 12 of 15
City Commission Regular
July 7, 2009
not replenish the fund they created. City Attorney Rosenthal read the code and discovered that
there is an administrative penalty included in that. He stated they could potentially beef up the
administrative penalty portion of that code, but cautioned them that they do not always collect on
liens that go into foreclosure. Commissioner Hood said they could push it onto the HOA's to
handle. Commissioner Keller said that could be a legal issue more for HOA's than it is for the
city so that may not work. Division Chief Stanley announced that Forestbrooke HOA is
currently working with the city to come up with an agreement to help each other maintain those
vacant properties. Commissioner Hood said students are required to do volunteer work and
maybe they could work with them for community service hours.
Mayor Vandergrift read a letter received from Martha Lopez-Anderson thanking the city for
handling the maintenance of a foreclosed property on her road, Alclobe Circle, which had been
bad for a very long time.
~1
On June 2, 2009, staff presented a master plan for the redevelopment of Tiger Minor Park that included the
expansion of the tennis facilities in that park. At this meeting a general discussion ensued regarding the
recreational needs of the community and the development of parkland, it was felt that there was a need for a
community survey and staff was directed to come up with a plan. The City Commission at its June 16,2009,
meeting requested staff to bring back the master plan for Tiger Minor Park for clarification on the direction the
City Commission desired staff to pursue. In addition to this, the City Commission requested information on the
costs to repair the existing tennis courts at Tiger Minor Park and Vignetti Park. These costs are estimated at
$25,000 to $30,000 for Tiger Minor Park and $17,500 to $20,000 for Vignetti Park.
Commissioner Wilsen explained that she would like to make a motion to except the conceptual
plan that was previously presented to them by the Parks and Recreation Department for the Tiger
Minor Park Tennis Court upgrade.
Commissioner Wilsen, seconded by Commissioner Hood, moved to approve the
conceptual plan presented to the Commission by the Parks and Recreation
Department for the Ti~er Minor Park Tennis Court uPQrade.
Commissioner Wilsen briefly expressed her feelings and stated she believes that they need to
move forward. She stated Tiger Minor Park needs to be made a park and she feels they should
accept the conceptual plans and stop mending every park. Commissioner Johnson stated this
conceptual plan can not happen unless they approve a bond issue. Commissioner Wilsen stated
that it is before them to accept the conceptual plan and if they need a bond issue they can get that
once they move ahead. Mayor Vandergrift inquired if staff looked at the cost to fix the courts
in the parks. Parks and Recreation Director Hayes stated it was in the staff report. He briefly
explained to repair courts at Tiger Minor Park would cost $25,000-$30,000 to repair the courts at
Vignetti Park would be $20,000, and to repair the courts at Parkside would be $8,000-$9,000.
He further stated the cost to put the six courts at Tiger Minor Park was estimated at $600,000 and
the funding sources would be brought back to the City Commission. Commissioner Hood
inquired if they had the monies to resurface the current tennis courts at Tiger Minor Park and
Vignetti Park. Parks and Recreation Director Hayes stated they do and the cost for that would
be about $50,000. He further stated they can make repair to the courts but they are relatively old
and the cracking is severe and will reappear. Mayor Vandergrift inquired as to what guarantee
Page 13 of 15
City Commission Regular
July 7, 2009
do they have that the new courts will not crack as well. Parks and Recreation Hayes stated he
is not sure what the base material would be but a lot of the cracks on the existing court are
structural which means there is some movement underneath the court that is creating the
cracking.
After a brief discussion, motion on the conceptual plan carried 3-2 with
Commissioner Johnson and Mavor Vandergrift opposing.
Commissioner Johnson, seconded bv Commissioner Hood, moved to approve
park repairs of $25.000-$30.000 for Tiger Minor Park. $17.500-$20,000 for Vignetti
Park. and $9,000-$10.000 for Park Side. Motion carried 5-0.
.1 ~i[~~p~~~:?~~B~prl,L~u t~iri~i~;~in lij~~r~f~~ t~ ~'Y oti{ o(~C'onS~i~'lI~Wg ~.~.~~i!~i~.~~~efiit~r~
r ~nt!"an~e.Slg"" to the0Flrm of~mef1can Persian EngIneers &'Constructors, Ine.for the
AmQunt of $9~750.QQ, to.. Awar(f theWori{ of Installing EJectric.~J ..E~ciliti~.s ..A.ssoc_ated
"'-t'!}:';''"- <,::\~:>::::::::': _ _ _ ,,:':m.:/.;j:: ',' - f:::->':-H{".t ,,"'2P"< <':::\:::: ,,";,';:,:: ", ':'" :::,.W:: """"';;':":r~:;w:'::':: 'OJ,':.}. - ,,-, -j-': "h~V,,(% -: ;..... "/:ntr ':'~~.A:';;""-' ':::;:?'-~
withwthaFSign"and to provide'Code-ComtHiant Electrical Service to,;.'theFouriders' Day
Ji:.;.st~g:. tq;jt~~iJ.~l!im ri Futurei~~!~.S,t~!S0Jn AI1loun!~ipf $6,30Q;;00. (~it~..~pgiq~er
'i'.:iWhee~!)'4i. :~~. qQ'" ?ii~YQ ". ..:"- _-"- ............._=-_ _ _ ""
The main stage used for Founders' Day events has traditionally been connected to electric power services
through the use of temporary wiring for lighting and sound. However, these temporary connections do not
provide the level of public safety suitable for such a large event. With the increased size of the VIP food tent
and seating area, which will be under a 30 ft. by 50 ft. tent this year, it has become imperative that a permanent
wiring solution be deployed. Engineering Division staff, working with the Parks & Recreation Department, the
Building Division, and other City staff, has devised a permanent solution that will reconstruct the wiring within
the eastern portion of Bill Breeze Park so as to meet the needs of Founders' Day and comply with the Florida
Building Code. In addition, the proposed work will reduce the number of power meters, power poles, and
overhead power lines in the area, thereby lowering the cost of electric power service. One element of the design
is construction of a permanent park entrance sign near the intersection of Lakeshore Dr. and Oakland Ave. The
design of this sign will set the standard for other improvements to City facilities in the area. Electrical panels
for connecting power to the main stage will be mounted to the back of the sign. Part of the electrical work is to
be ready to switch City facilities to underground power on this block of Oakland A venue.
CIP Manager Butler explained the project and stated the need to bring the electrical into code
compliance. He said they received multiple quotes and satisfied purchasing requirements. He
said that they plan place matching signs in other locations and a water fountain to carryon the
design theme that will be in next year's budget. Discussion followed. Commissioner Wilsen
stated she would like to see this money come from another funding source other than the tennis
courts. City Manager Frank said there was money in contingency to fund the project.
Commissioner Keller. seconded bv Commissioner Wilsen. moved to approve the
award of the Installation and Electrical Facilities Associated with the Sign in the
amount of $9750.00 and to provide Code Compliant Electrical Service to the
Founders' Dav stage to the Firm of Bright Future Electric in the amount of $6,300.
Motion carried 4-1 with Mavor Vandergrift opposed.
Page 14 of 15
City Commission Regular
July 7,2009
lli:'~'<WJ?:': """"""':\3:~21%:!f~~ 'f;-;*'-' "'iIli"'-~>>~-....."tt:'4W~:~O~7':;::~?~ ~~~=,~;-~, '~:WY'i-~~~-"';'<l,~ W! " -- q~tt:':;:,.: W~
J9(Dis~ussion on 'Maguire Hgl!se Foofand Air CO!lditionbig~;(MaYQr Yandergrift)
Mayor Vandergrift said we need this roof and air conditioning completed by the end of this
month. He said hurricane season is here and the blue tarp that was protecting the roof blew off in
the last storm. Public Works Director Krug said that the roof and air conditioning projects
need to be done at the same time because the air conditioner is in the attic and needs to be done
while the roof is off. He estimated the cedar shake shingle roof to cost approximately $40,000
and the air conditioning repair approximately $20,000. City Manager Frank added that there are
alternate architectural asphalt shingles that would probably cost about half as much, but that
would be up to the Commission to decide.
Consensus of the Commission was that information should be brouqht to the
next meetinq back with exact costs for the roof repairs (wood shaker vs. asphalt
architectural) and air conditioninq replacement and to include the fundinq
mechanism.
I K. STAFF ACTION ITEMS - none
I L. COMMENTS FROM COMMISSIONERS
C~:~~~ioRirKeUe~:~ none
Cominission~r Jolins~q 1) said if we sell the ladder truck for the fire department he would like
to propose that we place the money in a fund for ambulances/transportation vehicles.
Commissioner Keller said he understood there are two vehicles that we are selling and he
believes if we purchase a transportation vehicle and do our own medical transportation. There
was discussion with regard to the billing process.
Commissioner Johnson, seconded by Commissioner Wilsen moved to place the
money aside from the sale of the ladder truck and desiqnate the money for the
purchase of a transportation vehicle. Motion carried 4-1 with Mayor Vanderqrift
opposed.
CommisSioner W'fIsen 1) said at the June 2nd meeting she was asked to look into the No Wake
issue on Lake Prima vista. She is planning to hold a town meeting on August 10, 2009 at 7 :00
p.m. and will advertise it in the water bill, Ocoee TV, and any other forms of media available.
I ADJOURNMENT
The meeting was adjourned at 9:45 p.m.
Attest:
APPROVED:
City of Ocoee
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
Page 15 of 15
MINUTES
OCOEE CITY COMMISSION
July 21,2009, at 6:00 P.M.
REGULAR CITY COMMISSION MEETING
I A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 6:00 p.m. in the Commission
Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of
Allegiance to the Flag, and led by Commissioner Hood. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson and Commissioner Keller.
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
I B. PRESENT A TIONS AND PROCLAMATIONS
Proclamation - National Night Out - August 4,2009. (Mayor Vandergrift)
Presentation of Red Light Cameras. (police Chief Brown)
I C. COMMENTS FROM CITIZENSIPUBLIC
none
I D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank made the following updates/announcements:
1) Appraisal on Lakeshore Drive Property (recording studio) - appraisal has been received and
will be distributed to commissioners tomorrow.
2) Police Department Grand Opening changed to August 12 at 10:30 a.m.- invitations will be
sent and open house will follow at 11 :00 am to 4:00 p.m.
3) Reclaim Main on Blackwood and Hwy 50 - this work will start in the next two weeks: the
contractor will try to minimize lane closures by only closing one lane at a time and keeping two-
way traffic going.
4) Emergency Item to be heard
5) Item #8 - Rose Hill Annexation, the ordinance has been changed to include a summary
paragraph to Section #4 containing the language on the ballot. The revised ordinance is on the
dais.
5) Item #11 Fountains at Highland Park - item has been pulled at the request of the developer.
6) Item #6 Lakeshore Drive Outfall- there was a change to the item and the new agenda item is
on the dais.
I E. COMMISSIONERS ANNOUNCEMENTS
None
City Commission Regular
July 21, 2009
I F. CONSENT AGENDA
~1 "~"':' rm,It;0" ." ?.:=.A_~t"t'~ ~'t h"''' H' ~J\lt"'c$'l'ri- 'I' ''''''ti;-''' 'Ji!iIo/rD'.':'''''''''''<'. h;'B" J.1 "'''d'~!1, -(C" '~fii'sC" l"k'" E':i')!'" ;b~Y>" f\"6'1WTIITD,fTfu.,-""
~li~PRWP.!:!!!m1.,o;;~,_1!m!!!IL~.J!.lt~L!Y&l"s.h.YiL.,lt~:1i, ~';l':".J~.~l", <._.lhep ,,~l"!YJ.~$i!j.
Members of the Human Relations Diversity Board serve two-year terms. Currently, the Human Relations
Diversity Board has six (6) members and their resolution allows no less than seven (7) members and no more
than fifteen (15) members. One application was received from Ms. Carole Arney with an interest in serving on
the board. No other applications are on file.
Approved on Consent. Motion carried 5-0.
~.l:iW~vjirorg~lj2Iqtion:R.Ig~t()l!!i;~lj~lelJIl;:Qf(<:;I1~n~r.i~1681l1!lofi~[qb.iet~rQ~)l1i
The City Commission of the City of Ocoee previously enacted Article III of Chapter 168 of the Code of
Ordinances of the City of Ocoee regarding traffic light safety authorizing cameras to be installed at problem
roadway intersections for the purpose of traffic law enforcement. ~ 168-15 of the Code of Ordinances provides
for an introductory period of enforcement until such time as the City Commission adopts a resolution advising
the City Manager to commence enforcement of Article III. As a result on July 8, 2009, signage indicating photo
enforcement of the traffic lights and cameras were installed at the intersection of SRSO and Maguire Road and
only warnings have been mailed to violators. The City Commission of the City of Ocoee desires to direct the
City Manager to commence enforcement of Article III of Chapter 168 of the Code of Ordinances of the City of
Ocoee regarding traffic light safety at 12:00 am on July 23,2009. This resolution mandates fmes of$125.00 to
be assessed with the notices of violation.
City Attorney Rosenthal read the title of the Resolution No. 2009-004.
City Manager Frank added that the Commission will be updated as new red light cameras
are installed but there will not be a resolution for each camera. Confirmed that the intent of
the commission is have a two week "acquaintance" period with warning citations prior to the
installation of new cameras.
Approved on Consent. Motion carried 5-0.
ro
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The Florida Department of Law Enforcement has allocated grant funds to the Orange County Sheriffs Office
for distribution countywide. These funds must be applied for by the Ocoee Police Department and if awarded
the funds will be used to purchase digital police mobile radios. City of Ocoee population was used to determine
the amount $17,953.00, which will be disbursed to the City ofOcoee Police Department.
Approved on Consent. Motion carried 5-0.
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~ .. __~.""i>l.~~~M
Funds are currently budgeted in the 2008/2009 budget for police officer annual physical examinations. Until a
process for administration of the physicals could be agreed upon, the funds were placed in the police department
budget. Now that these mandatory physicals are completed by the City of Ocoee Health Center, it would be
more practical to transfer the funds to the Health Center account for efficient payments.
Approved on Consent. Motion carried 5-0.
_,-":_:C'.' .pr.1'f,~'m71t"'1';~~W_{'!
PPJ.:OV el U na I .....!l.ceJ€ljief.zBiQW).
The Ocoee Police Department holds a National Night Out event every August. This year, the area businesses
that sponsor the event have not been able to commit money or donated goods leaving the event without funding.
It is recommended that the Honorable Mayor and Board of City Commissioners authorize the Police
Department to expend forfeiture monies up to $2000.00 for National Night Out.
Approved on Consent. Motion carried 5-0.
Page 2 of8
City Commission Regular
July 21,2009
Historically the Lakeshore Drive area south of Lafayette Street has experienced drainage problems during
excessive storm conditions. In order to address these problems, the City and Orange County School Board have
developed a solution to the area flooding while providing a positive outfall for the Ocoee Middle School
stormwater pond where both parties share the construction cost evenly split 50/50.
Approved on Consent. Motion carried 5-0.
The City has been purchasing fuel through a County agreement. 10 an effort to reduce costs and formalize our
purchasing procedure, the Public Work's Fleet Division has investigated alternate fuel vendors. By utilizing an
existing City of Apopka contract with Lynch Oil Company, we have secured pricing that is two to five cents per
gallon below our current source, along with a savings in oils and lubricants that can produce up to $15,000.00
savings based on our annual fuel consumption.
The City will also receive the following benefits by contracting with Lynch Oil Company:
· Installation & maintenance of electronic inventory control system at Public Works and Fire Stations I, 2 & 3.
· All deliveries monitored and archived through the inventory control system.
· Emergency fueling for the entire City's generators and lift stations prior to storm events.
Approved on Consent. Motion carried 5-0.
G. SECOND READING OF ORDINANCES (PUBLIC HEARINGS) - Must be heard at
7:15 p.m. or as soon thereafter.
:;d;;.;~!
The character of the annexation area is low density residential. The annexation area includes 244 single-family
dwellings, five retention areas, and roadways with sidewalks on both sides of the road. The annexation area is
surrounded by the West Oaks Mall and residential development on the west, residential development on the
north, multi-family residential on the south, residential development and a solid waste transfer station on the
east. The area is accessed by an entrance on White Road and through Rose Hill Phase 1 by an entrance on
Good Homes Road. Based on the recommendations of the DRC and Planning & Zoning Commission, staff
recommends that Honorable Mayor and City Commissioners adopt Ordinance 2009-018, providing for the
annexation into the Corporate Limits of the City of Ocoee, Florida, of Certain Real Property Known as Rose
Hill Phases 2 & 3, consisting of approximately 80.68 acres; providing for a referendum on the question of
annexation for the registered electors within the property proposed for annexation; proving for said referendum
to be considered at a special election to be held on September 15,2009 as a mail ballot election.
This item was moved on the agenda and heard after all other items and after 7: 15 p.m. due to
advertised date/time.
City Attorney Rosenthal read the title of Ordinance 2009-018.
Mayor Vandergrift asked when they become a part of the City. City Manager Frank said it
will not be effective until after the election on September 15, 2009; we anticipate no problems
welcoming them aboard after the election.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the Public
Hearing was closed.
Commissioner Hood. seconded bv Commissioner Johnson. moved to approve
Ordinance No. 2009-018 approvina the Referendum Annexation for Rose Hill
Phases 2 and 3. Motion carried 5-0.
Page 3 of8
City Commission Regular
July 21, 2009
IH.REGULARAGENDA
At the July 7, 2009, Commission Meeting, the condition of the Withers-Maguire house roof was discussed.
Public Works was requested to research roofmg options for further discussion at the July 21, 2009, Commission
meeting. Pricing for the following options will be presented at the meeting:
. Cedar shingle roof - this is the type of roof currently on the house.
. Metal roof.
. Architectural asphalt shingles.
Additionally, the HV AC units for the second floor of the house are located in the attic and can only be replaced
by removing a portion of the roof. These units are at the end of their useful life and require replacement. The
cost for replacing these units during the roof replacement is $20,000.00 utilizing the City's HV AC Continuing
Services Contractor.
Public Works Director Krug stated that there are two issues because the air conditioning unit
can only be accessed by removing the roof and they are 15 years old; replacing them for $20,000
at this time that the roofing is being replaced. Pricing for roofing materials are Cedar Shake
Roof $80,000; Metal Roofing $87,000; Asphalt Architectural Shingle resembling Cedar Shake
$39,000. These are the quotes we have received, but we need to get direction from the
commission on getting more quotes for the Architectural Shingle roof and identifying the
funding source. Mayor Vandergrift said hurricane season is here and we need to get this done
as soon as possible. City Manager Frank said there is $109,000 left in the contingency fund.
Elizabeth Maguire said
Mayor Vanderarift. seconded by Commissioner Keller moved to authorize an
expenditure of up to $60.000 for the roof ($40.000) and air conditionina
replacement ($20.000) of the Maauire Home and asked staff to work at aettina
better price Quotes on the roof. if possible. No vote was taken this time due to
subsequent discussion and amendment.
City Attorney Rosenthal stated that there was a substantial grant from the State that the City
received some years back where conditions were applied to keep the house in certain condition
from the historical aspect.
Cheryl Applegate, President of the Ocoee Historical Commission said they had discussed this
issue and they are in favor of getting a less expensive shingle as long as it maintains the same
look as the Cedar Shingles that are there. She also stated there were some issues with damaged
wood around the windows. Mr. Krug said they pulled the wood off and started that repair
earlier today.
Elizabeth Maguire noted the City agreed to continue to maintain the historical house.
Mayor Vanderarift. seconded by Commissioner Keller. amended his oriQinal
motion to include that staff would investiaate the Qrant to ensure that we do not
violate any of the conditions/requirements of the oriQinal arant aareement from
the state and maintains the intearity of the house as approved of the Historical
Committee. Motion carried 5-0.
Page 4 of8
City Commission Regular
July 21, 2009
Myra Kinney, member of the Historical Committee, said they don't care if it is architectural
shingle as long as the appearance reflects the time period of the home.
City Manager Frank clarified that as long as there is not a requirement for Cedar Shake
Roofing, the consensus of the Commission was to go head with the Architectural Shingles.
Public Works Director Krug told the members of the Historical Committee that were present
that he would get with them in the future and show them samples for their approval on the
roofing material.
Vote was taken on original motion, as amended. Motion carried 5-0.
There was discussion regarding having a budgetary item for maintaining the Maguire House.
Public Works Director Krug said maintenance budgets were cut and it may have been left at
$2000 for this year. It does not cover big ticket items. Commissioner Keller said he recalls this
item being pulled off the wish list for last year.
The City contracted with Groundtek for the 2006-07 fiscal year to provide right of way and landscape property
mowing following the mutual termination of the previous contractor for performance issues. For the 2007-08
contract, the City elected to reduce the frequency of mowing from 18 to 12 cuts annually in order to improve
the budget. The mowing frequency reduction was not as advantageous as anticipated. The 2008-09 budget
incorporated 18 cuts based on the proposals from Groundtek. The total amount of budgeted work with
Groundtek is $388,695.00. Commission approval is required to bring Groundtek's previously approved
contract value in line with the budgeted amount in order to complete the mowing service for the 2008-09 fiscal
year.
Public Works continually searches for ways to provide improved services at a reduced cost. Analyzing the
City's mowing needs, it was determined that the Public Works Team could accomplish the mowing by
equipping a new 5 person crew for an approximate annual savings of$100,000.00 on the current contract.
Public Works is requesting Commission approval of the mowing contract with Groundtek to complete the
current fiscal year's mowing needs and direction on meeting the City's mowing needs for the coming year.
Public Works Director Krug gave a presentation on the mowing services for the City.
The City contracted with Groundtek for the 2006-07 fiscal year to provide right of way and
landscape property mowing following the mutual termination of the previous contractor for
performance issues. For the 2007-08 contract, the City elected to reduce the frequency of
mowing from 18 to 12 cuts annually in order to improve the budget. The mowing frequency
reduction was not as advantageous as anticipated. The 2008-09 budget incorporated 18 cuts
based on the proposals from Groundtek. The total amount of budgeted work with Groundtek is
$388,695.00. Commission approval is required to bring Groundtek's previously approved
contract value in line with the budgeted amount in order to complete the mowing service for the
2008-09 fiscal year.
Mr. Krug said they are always looking for ways to provide improved services at a reduced cost.
Analyzing the City's mowing needs, it was determined that the Public Works Team could
accomplish the mowing with a 5 person crew and equipment for an approximate annual savings
of$130,000.00 this year and $150,000 in following years.
He stated that the only estimate they have been able to get other than Groundtek, is from Dobson
and would only save us approximately $5,000.
Page 5 of8
_I
City Commission Regular
July 21, 2009
Mr. Krug said staff recommends 1) Approve a purchase order to Ground Tek for maintaining
the City's right of way and landscape properties at a frequency of eighteen cuts to complete this
fiscal year as budgeted, adding approximately $100,000 and 2) Direction on meeting the mowing
needs beginning in the 2009-10 fiscal year.
Mayor Vandergrift stated he thinks that we should go out to bid and have Public Works give
their bid on their costs so that we can look at everything.
Mavor Vanderarift. seconded bv Commissioner Wilsen. moved to continue
services with Groundtek for additional cuts to the end of this fiscal year bv
matching their contract to the amount that was budaeted but not used because of
the decision last year to reduce the number of cuts. Motion carried 3-1. with
Commissioner Hood opposed and Commissioner Keller absent.
Mavor Vandergrift. seconded bv Commissioner Wilsen moved to go through a
bidding process utilizing what we have in-house and have it ready for the budget
process. Motion carried 4-0. with Commissioner Keller absent.
Commissioner Wilsen asked for a list of open and frozen positions to assist her in the budget
process and any projected administrative positions being added, and any overtime being paid
from various departments. Mayor Vandergrift asked that it be sent to all Commissioners.
This item was pulled at the request of the developer.
~ ~
The TRIM Act requires local governing bodies to set a proposed millage rate annually during the month of July.
The property appraiser is then notified of the rate and uses it to advise taxpayers of their proposed tax levies for
the next year. This rate can be lowered during the budget hearings in September. HB-l establishes levels
of approval by the governing body in setting the millage rate. This bill provides for a maximum millage rate
that can be levied by the governing body with a maioritv vote. This maximum millage rate for the upcoming
fiscal year, 5.6348, is an increase of the current year millage (4.8252). The rolled back rate for 2009/2010 is
5.4974. This rate is higher than the current year rate due to the decrease in assessed property value resulting
from Amendment 1 and the decline in the economy. The City's assessed value decreased $231,277,100. This
is $1,082,480 at the current millage rate of 4.8252.
The City can set the proposed millage for FY 09/10 up to 6.1983 with a super maioritv vote by the
Commission. A millage rate higher than the 6.1983 would require a unanimous vote by the Commission. The
proposed budget is currently balanced at 5.1934.
Items 12 and 13 were moved up on the agenda to after Item #9.
Finance Director Horton explained the various millage rates, she said the rolled back rate is
5.4974she said the 09/1 0 budget is currently balanced at 5.1934, and staff recommends adoption
of the majority vote rate of 5.6348.
Page 6 of 8
City Commission Regular
July 21, 2009
Commissioner Keller. seconded by Commission Wilsen. moved to approve the
proposed millaae rate for the 2009/2010 Budaet at 5.6348. Motion failed 2-3. with
Commissioner Johnson. Commissioner Hood. and Mayor Vanderarift opposed.
Commissioner Johnson. seconded by Commission Hood. moved to approve the
proposed millaae rate for the 2009/23010 Budaet at 5.4974. the rolled back rate.
Motion carried 5-0.
Mayor Vandergrift said there is still some wiggle room between the current balanced budget
and the rolled back rate because the budget is presently balanced below the roll back rate.
Workshops are held during August to discuss the proposed budget for the upcoming fiscal year. Public hearings
are required by the TRIM act and serve as a mechanism to notify the citizens of the proposed budget and allow
their comments. Staff recommends August 12th and 19th be selected for the budget workshops dates. If there is
a conflict with these dates we recommend alternate dates of August 13th or August 31 st. Workshops will begin
at 6:00 p.m. Staff recommends the public hearings be held September 9th and 23rd. If there is a conflict with
these dates we recommend alternate dates of September 16th and September 30th. Hearings will begin at 7:00
p.m.
Items 12 and 13 were moved up on the agenda to after Item #9
Commissioner Wilsen. seconded by Commission Hood. moved to approve the
budaet workshop dates for Auaust 12 and Auaust 19. 2009 at 6:00 p.m. Motion
carried 5-0.
Commissioner Wilsen. seconded by Commission Hood. moved to approve the
Budaet Public Hearina dates for September 9 and September 23. 2009 at 7:00 p.m.
Motion carried 5-0.
Mayor Vandergrift declared this an emergency item.
City Engineer Wheeler gave a summary of the project and stated that the Engineering
Department recommends that the City Commission accept the easement dedication by Health
Central and approve Change Order No. 1 with R.A. Scott Construction Company in the amount
of $22,800.00 and authorize the Mayor and City Clerk to execute the Change Order and
easement documentation.
1. City staff to proceed in accomplishing the listed tasks in exchange for the easements.
2. Authorize the Mayor and City Clerk to execute both Health Central easement documents.
3. Approve and authorize the Mayor to execute Change Order No.1 documentation to allow
R.A. Scott to accommodate one of the terms of the Health Central easement negotiations.
Commissioner Johnson. seconded by Commission Hood, moved to approve
accept the easement dedication by Health Central and approve Chanae Order No.
Page 7 of 8
City Commission Regular
July 21, 2009
1 with R.A. Scott Construction Company in the amount of $22.800.00 per staff
recommendations and authorize the Mavor and City Clerk to execute the Chanae
Order and easement documentation.
I I. ST AFF ACTION ITEMS - none
I J. COMMENTS FROM COMMISSIONERS
~~!fi!P!~i!~Jrii)~i asked if a set amount for Maguire House AJC and Roof could be placed
in the budget each year so that it will be there next time it is needed. City Manager Frank said
that can be done just as it has been done for other funds. 2) said we received a thank you card in
regard to the "Golfing Fore Autism" event that recently took place.
'~:):P',,:'?j't$
. hen _ none
~JLI!Y!!!~L_~~riL~.~_ - 1) said the Little League has been saving up to take care of the fields and
they want to refurbish the batting cages. There is a company coming to do it, an Ocoee Resident
owns the company, to refurbish batting cages at Central Park and Sorenson in the amount of
$25,000. They have worked hard for the money and they are asking that the city waives the
permitting fees. Consensus of the Commission. without obiection. was to waive the
permittina fees for the Little Leaaue for refurbishina of the battina caaes at
Central Park and Sorensen Field.
M:l'y]Wf1~;'i:laetgr!li~- read a proclamation that he wrote in honor of Commissioner Keller and
his wife Laura in honor of their 25th wedding anniversary.
I ADJOURNMENT
The meeting adjourned at 7:21 p.m.
Attest:
APPROVED:
City of Ocoee
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
Page 8 of8