HomeMy WebLinkAboutItem #01 Approval of Minutes - May 2, May 16, June 6, 2006
6-20-06 Agenda, Item #1
MINUTES
OCOEE CITY COMMISSION
May 5, 2006 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 Commissioner Keller led the Pledge
of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present.
Roll Call:
Mayor Vandergrift, Commissioner Anderson, Commissioner Hood, Commissioner
Johnson, and Commissioner Keller.
Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry.
I B. PRESENTATIONS AND PROCLAMATIONS
Presentation- Mayor Vandergrift- introduced Shrutie Sharma, an 8th grader from Ocoee
Middle School, who won the Central Florida area District Spelling Bee, and will represent the
State with winners from seven other districts in Washington D.C. on May 31 - June 1,2006.
Commissioner Anderson, seconded bv Commissioner Johnson, moved to
contribute $250.00 toward travelina expenses for Ms. Sharma to compete in
Washinaton D.C., to be paid from Commission Continaencv. Motion carried 5-0.
Proclamations
Bike Month - May 2006 - read by Commissioner Johnson
National Police Week - May 15th - 20th - read by Commissioner Hood
I C. COMMENTS FROM CITIZENSIPUBLIC - none
I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Hood 1) asked Chief Goc1on to explain the signs around town regarding "no
shooting; Chief Goclon advised the signs are part of the police department campaign (door
hangers, flyers, news coverage) to remind people to refrain from celebratory gunfire during the
holidays. 2) reminded everyone of the Big Orange Games on Friday and Saturday, May 5-6,
2006, and thanked the Ocoee Recreation Department for all of their work on the Games 3) Ocoee
High School Booster Club Golf Tournament at Forest Lake on May 27, 2006, at 8:00 p.m. Call
Bill Chambers at Ocoee High School for more information. 4) said the meeting for the 2006-07
Ocoee High School Cheerleading try-outs is tomorrow at 6:00 p.m. in the gymnasium. 5) said
Summer baseball try-outs begin May 19 & 20, 2006 at Ocoee High School. 6) advised everyone
about the 2006-07 Physical Night, you can get physicals for $20.00 on June 1, 2006, and
7) thanked the local teachers for the rise in Elementary School FCA T scores, he said Clarcona,
Ocoee, and Citrus Elementary all showed improvements in their scores this year.
Commissioner Anderson - none
Commissioner Johnson - 1) West Orange Chamber of Commerce annual "Best Fest" will be
Friday, May 11,2006 and would like the City to consider purchasing six tickets at $26.00/ticket.
City Commission Regular
May 2, 2006
Mayor Vanderarift, seconded by Commissioner Hood, moved to purchase six
tickets for the West Oranae Chamber of Commerce Best Fest, in the amount of
$156.00 from Commission Continaency. Motion carried 5-0.
2) said he would like the City to consider sponsoring the Ocoee High School Football Team and
the West Orange High School by purchasing a full page ad in their football programs, at a cost of
$250.00 each.
Commissioner Johnson, seconded by Commissioner Anderson, moved to
approve the purchase of a full paae ad in Ocoee Hiah School Football Team and
the West Oranae Hiah School football proarams, at a cost of $250.00 each, to be
taken from Commission Continaency, unless previously budaeted under a
specific line item. Motion carried 5-0.
Commissioner Keller reminded everyone of the Bike Ride that was mentioned earlier in the
proclamation; it will be at the West Orange Trail on Saturday, May 6, 2006.
Mayor Vandergrift- 1) advised of a white utility trailer that was stolen from Ocoee Tire last
week. The trailer was filled with Rotary Club bicycle helmets. If you have any information,
please call the Crime line at 800-423- TIPS, 2) said Thursday at 12:00 noon there will be a
ceremony for the National Day of Prayer at the Gazebo on Starke Lake, 3) need to get a new
photo for the advertisement in the Florida League of Cities magazine. Consensus of the
Commission was to take a new photoaraph at the next Commission Meetina for
placement in an advertisement in the Florida Leaaue of Cities "Quality Cities"
Maaazine.
I E. CONSENT AGENDA
1. Approval and Acceptance of the Regular City Commission Minutes of April 18, 2006.
(City Clerk Eikenberry)
Approved on Consent Aaenda Vote. Motion carried 5-0.
2. Appointment to the Park and Recreation Advisory Board. (City Clerk Eikenberry)
Members of the Parks and Recreation Advisory Board serve two-year terms. Currently the board has ten (10)
members. The Resolution provides that the Parks and Recreation Advisory Board membership shall consist of
thirteen (13) members. One application was on file for the Parks and Recreation Advisory Board; therefore staff
recommends the City Commission consider appointing Phyllis Neal-Wilson to the Parks and Recreation Advisory
Board with a term ending October 2008.
Approved on Consent Aaenda Vote. Motion carried 5-0.
3. Approval of FDOT Grant, Handheld Traffic Citation Device Purchase. (Police Chief
Goclon)
The budget for fiscal year 05/06 includes the purchase of six (6) electronic ticket writers as part of the FDOT
aggressive driving enforcement grant. FDOT will reimburse the cost of the citation writers and related products after
purchase. The devices are to be used for traffic enforcement and will be assigned to the six (6) members of the
traffic division including the two (2) new motorcycle officers, the aggressive driving enforcement officer and the
DUI enforcement officer. It is respectfully recommended that the Honorable Mayor and Board of City
Commissioners authorize the Police Department to purchase six (6) handheld electronic traffic citation devices and
required accessories from Advanced Public Safety (APS) in the amount of $26,000.00. The full purchase amount of
$26,000 will be reimbursed after purchase.
Approved on Consent Aaenda Vote. Motion carried 5-0.
4. Approval of Investment Policy Revision. (Finance Director Horton)
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City Commission Regular
May 2, 2006
The external auditors recommend the City amend its investment policy requiring a cap on the percentage of the
portfolio invested in certain types of issues. Staff was not in compliance with the City's investment policy during
FY2005. Interest rates on an issue type which is restricted to only 25% of the portfolio offered an opportunity to
earn the highest yield at the time of investing. Staff took advantage of the opportunity thus exceeding the 25% cap.
Staff recommends the Commission approve the revised Investment policy reflecting the removal of the percentage
caps contained in the policy, which appeared under Authorized Investments and Maximum Maturities (PA).
Approved on Consent Aaenda Vote. Motion carried 5-0.
5. Approval of Plat for Villas at Woodsmere. (City Engineer Wheeler)
The Villas at Woodsmere multi-family residential development is an undeveloped parcel bound by Good Homes
Plaza to the North and West, by Rose Hill Subdivision on the north and by Good Homes Road on the East. This plat
is for a 6.38-acre multi-family residential development, which consists of 64 townhouse units. All required
documentation pertaining to the platting of this development has been reviewed and approved by City staff. The
Performance Surety Escrow Agreement has been submitted with a check to replace the required performance bond,
which covers 115% or the remaining site improvements.
Approved on Consent Aaenda Vote. Motion carried 5-0.
6. Approval of Conversion of South Water Plant and Forest Oaks Water Plant to Bulk
Supply Liquid Chlorine. (Utilities Director Smith)
Currently, both the South and Forest Oaks water plants use free chlorine as the primary method of water treatment.
Each plant uses "on-site generation" to create liquid chlorine. The unit's process equipment, which is used to
generate the chlorine, has reached the end of its' service life (ten years) cycle and needs to be either refurbished or
replaced with another source of liquid chlorine. Wherein staff is recommending the purchase of bulk chlorine
supply. To be able to convert the water treatment plants to bulk chlorine, the chlorine feed system and dosing
pumps will need to be replaced as opposed to the replacement of the chlorine generators. This action is subject to
City Commission approving F. Y. 2005/2006 Mid Year Budget, which includes funding for conversion projects.
Staff is recommending the awarding of the conversion work to Guardian Equipment, Inc. and will be piggybacking
off of Guardian's contract with Seminole County in the amount of $18,386.50 for the South Water Plant and
$18,772.00 for the Forest Oaks Water Plant; and staff also recommends that it procure liquid bleach needed for the
remainder of fiscal year 2005/2006 from Odyssey. Inc. and will be piggybacking the Odyssey contract with the City
of Mulberry, Florida, in a not to exceed amount of$35,000.00.
Approved on Consent Aaenda Vote. Motion carried 5-0.
7. Approval of Purchase of Computer Hardware for Line Upgrades and New Computer
for Water Conservation Coordinator. (Utilities Director Smith)
The Utilities Department is in need of upgraded computer hardware to improve the connection between the Utility
Department and City Hall's main server. The cost to upgrade the connection is $6300.00 and $300 per month for
the use of the T -1 circuit service line. In addition, the Utilities Department is requesting that new desktop PC be
purchased for the Water Conservation Coordinator who currently does not have a computer. The cost for the new
computer will be $2300.00.
Approved on Consent Aaenda Vote. Motion carried 5-0.
8. Approval of City Contract with Sprint to Provide Redundant Phone Service to the EOC
at a Total Cost of $27,220. (Information Systems Director Ross)
Currently, Sprint provides all telecommunications services to the EOC from the same facility. Therefore, when that
facility is offline, the EOC is without any telecommunication services. Staff proposes having Sprint install
redundant telecommunications lines from a different facility as a backup.
Approved on Consent Aaenda Vote. Motion carried 5-0.
9. Approval.for Use of Seminole County Contract IFB-3110305/GMG for Construction
Maintenance of Traffic Signals. (public Works Director Zaitooni)
In preparation for construction of the proposed new and modification of existing traffic signals in current fiscal year
and FY 2006-07, staff is proposing (1) use of Seminole County's Term Contract IFB-3110-05/GMG-AlB, for
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City Commission Regular
May 2, 2006
Traffic Signals and Related Construction Appurtenances and System Communication Products, with Traffic Control
Devices, Inc. and Chinchor Electric, Inc.; and (2) authorize staff to issue purchase orders to Traffic Control Devices,
Inc. or Chinchor Electric, Inc., based on unit prices specified in Term Contract IFB-311 0-05/GMG-A/B.
Approved on Consent Aaenda Vote. Motion carried 5-0.
Commissioner Anderson asked Utilities Director Smith, regarding Item #6 if the liquid chlorine
would create an additional cost to the City. Mr. Smith advised the 20-year cost analysis was
included in the packet, and there is an approximate $400,000 savings.
Commissioner Anderson asked Information Systems Director Ross, regarding Item #8, would
this proposed system for the EOC phone system be separate from the current system so that we
won't lose both systems at once. Mr. Ross advised that this will be a separate set of lines coming
from a different area of town, and our third fall back would be the Verizon air cards.
Mayor Vanderarift, seconded by Commissioner Anderson. moved to direct staff
to look into budaetina for an emeraency radio station which would be able to
broadcast to anyone with a portable radio. Motion carried 5-0.
Consent Aaenda Vote
Commissioner Hood, seconded by Commissioner Anderson, moved to approve
Consent Aaenda items 1-9 as presented. Motion carried 5-0.
I F. PUBLIC HEARINGS
ORDINANCE SECOND READINGS
10. Mid Year Budget Amendment. (Advertised in Orlando Sentinel Classified Legal, Friday, April 28, 2006).
(Finance Director Horton)
The budget adopted for fiscal year 2006 requires amendment to reflect a) the change in solid waste charges resulting
in additional revenues needed to fund in-house services, b) the change in stormwater charges resulting in additional
funding for stormwater projects, c) funding for General, Impact Fee, and Repair and Replacement fund expenditures
not included in the original budget. The budget has to be amended to authorize the increased funding and related
expenses. The adopted budget will increase $2,398,000.
City Attorney Rosenthal read the title of the ordinance
Finance Director Horton advised that the mid-year budget reflects changes that were made in
the stormwater and solid waste funds, and minor changes to the other funds. Both stormwater
and solid waste had rate increases that have been adopted, but not included in the budget. The
budget changes being proposed are 6.2% of the original budget amount.
Mayor Pro Tem Anderson opened the Public Hearing.
There being no one wishing to speak, Mayor Pro Tem Anderson opened the Public Hearing.
Commissioner Johnson said he would like the Commission to address increasing the City
Manager's salary. He said we need to compare his salary to other municipalities in the area. He
thinks he is doing a great job, and does not want to lose him because the pay is lower than
comparative cities. He asked if we would need to budget for this. Finance Director Horton
advised that there would need to be a budget adjustment, unless the City Manager's Budget
could absorb the cost, or money was transferred from contingency.
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City Commission Regular
May 2, 2006
Without obiection, the Commission directed Human Resources Director
Carnicella to brina back a salary survey from comparative cities in our area to the
next Commission Meetina.
Commissioner Keller, seconded by Commissioner Johnson, moved to adopt
Ordinance No. 2006-009. approvina the mid-year budaet, as presented. Motion
carried 4-0. with Mayor Vanderarift away from the dais.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2006-009
AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, RELATING TO THE
CITY BUDGET; AMENDING THE CITY BUDGET ADOPTED BY ORDINANCE 2005-013 FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 BY PROVIDING
FOR INCREASE/DECREASE OF APPROPRIATIONS AND REDESIGNATION OF CAPITAL
PURCHASES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
I G. ORDINANCE FIRST READINGS
11. Approval of Changes to Pension Ordinances. (Human Resources Director Carnicella)
The Pension Board for the City of Ocoee Municipal General Employees' Retirement Trust Fund and the City of
Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund is governed by ordinance. The Pension
Attorney, Lee Dehner, has advised the Boards that a change is required by law resulting from amendments to the
Internal Revenue Code, which applies to tax qualified pension plans. Staff recommends the Commission adopt the
Pension Board changes as amended for the City of Ocoee General Employees' Retirement Trust Fund and the City
ofOcoee Municipal Police Officers' and Firefighters' Retirement Trust Fund.
a. City of Ocoee Municipal General Employees' Retirement Trust Fund.
b. City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund.
City Attorney Rosenthal read the title of both ordinances.
Human Resources Director Carnicella advised these changes are as a result of the IRS code
changes over the past year and Pension Attorney Lee Dehner reviewed and recommended these
changes.
I H. REGULAR AGENDA
12. Ingram Trails. (Planning Manager Armstrong)
The Ingram Trails property includes approximately 20.482 acres. The property is located on the southwest side of
Ingram Road near the intersection of Ingram Road and Clarcona-Ocoee Road. The subject property contains a
house, several agricultural buildings as part of a former horse farm operation, with a mixture of secondary growth
trees at the north 1/3 of the property. Based on the recommendation of the DRC and the Planning and Zoning
Commission, Staff respectfully recommends that the Honorable Mayor and City Commissioners approve the Ingram
Road and Clarcona-Ocoee Road Escrow Agreement and the Final Subdivision Plan for Ingram Trails, as date
stamped received by the City on April 6, 2006, subject to the following: The response letter indicates that easement
documents are being obtained for the offsite 15' utility easement; the 15' drainage easement and the 11' trail access
easement. These are to be submitted prior to the time of platting.
a. Final Subdivision Plan
b. Development Agreement
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City Commission Regular
May 2, 2006
Planning Manager Armstrong gave a PowerPoint presentation of this development. She
advised the applicant said he would look into an alternative covered meeting space so that this
facility could be used year round.
Discussion followed regarding 1) the design and location of the retention pond and possibly
using the retention pond area as a sporting field, and 2) the open-air meeting pavilion vs. closed
meeting room; Commissioner Anderson raised the question of possibly allowing HOA's free
use of City facilities for meetings if the Commission approves an open air pavilion.
City Attorney Rosenthal said the rental charges of the cities facilities is a much broader issue
and it would be difficult to keep track of which HOA's would have exemption from such fees.
He also stated that Commission previously concluded that the per-lot financial cost of
maintaining a closed meeting room would add significantly to their monthly maintenance
assessment for HOA's with less than 100 homes.
Planning Manager Armstrong advised the threshold for requiring a closed meeting room is
100 single family units and this development will have only 55 and therefore meets Code
requirements.
Tom Daley, of Daley Design Group, said the builders have not looked into other options for a
meeting room at this time.
Planning Manager Armstrong advised that the agreement with Orange County is going to
Orange County for approval after the City approves it.
Commissioner Keller, seconded by Commissioner Hood, moved to approve the
Final Subdivision Plan and Development Aareement for Inaram Trails per staff
recommendation. Motion carried 5-0.
13. Appointment to MetroPlan Orlando's Citizens' Advisory Committee. (City Clerk
Eikenberry)
The Metroplan Orlando, a regional transportation partnership, formed a Citizens' Advisory Committee (CAe),
which meets the fourth Wednesday of every month. The CAC ensures the public has the opportunity to review and
evaluate all proposed transportation plans and programs. CAC members serve four-year terms. Each Municipality
in the region has the opportunity to appoint a citizen representative to the Board. Ms. Debra Booth served a four-
year term, which expired April 2006.
City Clerk Eikenberry advised that she did speak with Ms. Debra Booth and she is unable to
continue serving on this board.
Mayor Vanderarift, seconded Commissioner Anderson, moved to appoint Rob
McKey to the MetroPlan Orlando's Citizens' Advisory Committee for a four year
term. Motion carried 5-0.
14. Appointment to the Code Enforcement Board. (City Clerk Eikenberry)
The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members, all with three-
year terms. The board currently consists of six (6) regular members and two (2) alternate members. Regular
Member Carol Arney resigned in March and Alternate Member Denise Lenko stated at the last meeting that she
would be resigning from the board this month due to relocation. Ms. Lenko said her last meeting would be April 25,
2006. Therefore, there is currently one (1) regular member position available and will be one (1) alternate member
position available. Alternate Member Steve Ballard (District 2) has stated his interest in being appointed as a
regular member. Two applications have been submitted for a position on the board as well: Shelly Simon (District
4) and Darrell Lowery (District 2). Staff recommends that the Honorable Mayor and City Commissioners move
Steve Ballard to a regular member, and appoint Darrell Lowery and Shelly Simon as alternate members to the Code
Enforcement Board.
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City Commission Regular
May 2, 2006
Commissioner Keller. seconded Commissioner Johnson, made a motion to move
Member Steve Ballard from alternate to reaular member of the Code Enforcement
Board, and to appoint Darrell Lowery as an alternate member. Motion carried 5-0.
The open position for an alternate member will be addressed at a future Commission Meeting.
15. Approval of Second Amendment to Yard Waste & Bulky Waste Contract with Onyx
Waste Services for Early Termination of Service. (Public Works Director Zaitooni)
Onyx Waste Services, Inc. had made a request for an early termination of their residential yard waste & bulky waste
Agreement with the City. On March 21, 2006, City Commission directed staff to pursue an amendment to the
residential yard waste & bulky waste with Onyx Waste Services, Inc. Therefore, pursuant to the City Commission's
approval of the in-house residential curbside, staff has prepared amendment #2 to the residential yard waste & bulky
waste Agreement with Onyx Waste Services, Inc. The Amendment will provide for the early termination of the
contract and transition to an in-house service, address contractor default, and provide for mutual releases and
cooperation between the parties.
This item was pulled from the aaenda per staff recommendation, to be placed on
the May 16. 2006 aaenda.
16. Approval of Agreement with Orange County Tax Collector Regarding Assessing Fees
for Solid Waste and Stormwater Services on the Orange County Tax Roll. (public
Works Director Zaitooni)
City Commission has formerly approved Resolutions 2006-002 and 2006-003 to place the Residential Solid Waste
and Stormwater Utility Fees on the Orange County Tax Roll by authorizing the utilization of a uniform method of
collection of non-advalorem assessments. This Agreement between the City and the Orange County Tax Collector
details the terms of the Agreement for the assessment, enforcement, and compensation for the administrative costs
incurred by Orange County Tax Collector.
Tonya Elliott advised that staff recommendation was to approve the agreement with the Orange
County Tax Collector as part of the process for placing solid waste and stormwater utility fees on
the annual tax roll.
Henry Morgan, 304 South Lakeshore Drive, 1) asked what staff found out regarding the opt-out
provision, 2) said the City will not hear about residents' objections to this until they get their first
tax bill, 3) said there are no calculations that backup a significant savings to the City and it does
not benefit the 9200 residents who are currently paying utility bills
City Attorney Rosenthal advised that there is no provision in Florida Statutes that address a
concept of opting out of a "Uniform Method of Collection" although the process by which this is
handled is that staff sends an assessment roll to the Property Appraiser who coordinates with the
tax collector. There are some procedures in place for new accounts, to bill them monthly until
they can be placed on the next tax roll. After some research, their thoughts were that it may be
possible to amend the ordinance to address a procedure to exclude someone from the assessment
roll that is transmitted to the property appraiser, and then provide them with monthly billing. It is
not currently in our code and no procedures are in place. He would not advise giving specific
people the option of opting out of the uniform method of collection without extending that option
to everyone by including language in the amended ordinance to give the Commission the option
to provide opt-out procedures, but it would clearly not be in place for the first assessment roll.
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City Commission Regular
May 2, 2006
Discussion followed with Public Works Director Zaitooni and the Commission regarding 1) how
the money will be received from the County, 2) the additional money that will be made because
we will be able to collect from some customers we currently do not collect from, 3) how the
money will be escrowed differently for all residents depending on their mortgage company, 4)
implementing an opt-out program in the second year if the Commission chooses to do so, 5)
dropping the concept of the opt out and either go with the Uniform Method of Collection or stay
with the montWy billing, 6) how much real profit/interest will be gained for the City, 7) the
possibility of lowering service fees to residents if profit is realized, 8) real estate taxes are
collected at 90-95% during the first three months, 9) Orange County will charge $.56 per parcel
for collecting the fees, which is paid by the City, 10) considering charging residents $.59 who
opt out and wish to continue monthly billing
Max Jacobs, 2247 Mountain Spruce Street, said that this is going to be a hit for the residents,
and this is much worse than the increase in the taxes. He thinks the residents are not prepared for
what is going to happen, and the City will understand that at tax time. He says that decisions are
made for the City and not for the residents
Mayor Vandergrift said he would like to clarify that, unlike taxes, this is your money (the
residents). Money that is placed in escrow, remains there until it is needed to pay bills; if you
sell your house tomorrow, or go to the opt-out provision, you can get the money in your escrow
account back .
Commissioner Johnson, seconded Commissioner Keller, moved to direct staff
not to transmit the assessment to Oranae County to place solid waste fees on the
tax roll, and to prepare a resolution to repeal the previous resolution approvina
the uniform method of collection. Motion failed 2-3, with Commissioner Hood,
Commissioner Anderson, and Mayor Vanderarift opposed.
Commissioner Hood, seconded Commissioner Anderson, moved to approve the
aareement with the Oranae County Tax Collector as part of the process for
placina solid waste and stormwater utility fees on the annual tax roll, per staff
recommendations. Motion carried 3-2, with Commissioner Keller and
Commissioner Johnson opposed.
I I. STAFF REPORTS - none
I J. COMMENTS FROM COMMISSIONERS
Commissioner Keller- none
Commissioner Johnson - none
Commissioner Anderson- 1) said he would like to see multi-family garbage collection rates
(Sleepy Harbor Condo) stay in line with single family, and asked Public Works Director
Zaitooni how much the trash collection bill will go up for condominium owners. Mr. Zaitooni
said we don't have those figures yet, but regardless of what options we choose, private or in-
house, the rates will increase, 2) said he received an email from a man whose water was turned
off to repair a hot water heater and when the repair was completed the City advised they could
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City Commission Regular
May 2, 2006
not turn the water on until Monday. Utility Billing Supervisor Sills said the City runs service
calls 24 hours a day 7 days per week, she would have to look into this particular incident.
Commissioner Hood 1) asked when the work on Lady Avenue will begin, and Public Works
Director Zaitooni advised they have already marked the streets and the work should start in the
next two weeks, 2) asked if there will be reflectors on Adair Street and Lady Avenue, and Public
Works Director Zaitooni advised the contractor has been given the direction to install them, 3)
thanked staff for the fencing at the Jame1a Water Tank, and asked about the progress with the
tank; Utilities Director Smith advised that we have a letter of authorization from Pittsburgh
Tank to take the tank down, but the work is now rescheduled to occur over the next four weeks;
there will be a staff report on the next Commission Meeting asking for authorization to go further
into negotiations with Pittsburgh Tank, 4) asked about the ordinance being revised with regard to
on-street parking and other issues, and City Manager Frank said that Community Development
Director Wagner has been side-tracked with CRA and other issues, and he will be getting back to
that ordinance soon, 5) said he would like to address the issue of a Charter Review Committee on
the next agenda.
Mayor Vandergrift 1) said the light is out at Bluford and Mckey, 2) said there are holes in the
field at Freedom Park, and 3) said he would like to address the issue of redistricting by looking
into current information to see how much has changed since districts were formed.
I ADJOURNMENT
The meeting was adjourned at 9:35 p.m.
Attest:
APPROVED:
City of Ocoee
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
Page 9
MINUTES
OCOEE CITY COMMISSION
May 16, 2006 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 Commissioner Keller led the Pledge
of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present.
Roll Call:
Mayor Vandergrift, Commissioner Anderson, Commissioner Hood, Commissioner
Johnson, and Commissioner Keller.
Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry.
I B. PRESENTATIONS AND PROCLAMATIONS
Presentation - Introduction of Visiting Firefighters from Belgium. (Mayor Vandergrift)
Chief Firstner introduced 8 firefighters from Belgium. He advised they have assisted them all
week in visiting many Fire Departments and comparing fire apparatus. They stayed at the Fire
Station for a week and both departments learned from each other. The Firefighters were
presented with souvenir Ocoee gifts, a fire helmet, and a wristwatch and were given other gifts to
take back to their Mayor. The Belgian Firefighter presented the Mayor Vandergrift with a
decanter and glass set showing their City skyline. The Mayor also asked that we send a VHS
and DVD copy of this presentation to the Firefighters in Belgium.
Presentation- Tom Hendrix, 608 Jay Street, Trustee to the Hartle Bowness Trust, and he is
here to present a grant of $14,000; $7,000 each to the Ocoee Police and Fire Departments, in
support of the special programs they provide for the residents of Ocoee. The grant was made
possible through a partnership program from Florida Hospital Foundation and the Bowness
Family Foundation.
Presentation- Chief Goclon advised that he and the Mayor had just returned from Tallahassee,
where Officer Jeff Dyer was presented with the Governor's Medal for Heroism, for his efforts
in removing a gun from a suicidal man, after talking him out of harming himself. Officer Dyer
said that he was honored to receive the award and meet the Governor, and it was the highlight of
his police career.
I C. COMMENTS FROM CITIZENS/PUBLIC
none
I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Hood- 1) sent congratulations to the Seniors from West Orange High School and
Ocoee High School for their graduations coming up this week. Ocoee High School will hold
their graduation ceremony tomorrow night at the Wide World of Sports Complex in Disney
World, and West Orange High School will be Thursday at UCF. He warned them to enjoy the
City Commission Regular
May 16, 2006
celebration, but to be safe. 2) reminded everyone of the Ocoee High School Golf Tournament on
May 27,2006, at 8:00 a.m. at Forest Lakes, benefiting the athletic department. Call Coach Bill
Chamber and the high school form more information, and 3) said Summer Baseball tryouts will
be held Friday/Saturday, May 19 and 20, 2006, at Ocoee High School.
Commissioner Anderson 1) said he was informed yesterday that Ocoee Commons has a
pending agreement with a steakhouse to be built behind the Bank of America.
Commissioner Johnson 1) asked everyone to support the Ocoee Fire Department's "Fully
Involved Program" at their car wash on Friday and Saturday, May 19 & 20, 2006, at Westgate
Resorts Foundation on Hwy 50 and Bluford, and 3) said he received a call from Chris Andrews
of West Orange High School, who was asking for sponsorship to replace Band instruments.
They need to raise $13,000 to buy percussion instruments. He will bring more information to the
next meeting.
Commissioner Keller 1) congratulated the first graduating class of the new Ocoee High School,
and the graduates of West Orange High School, 2) congratulated the Ocoee High School Drama
Department for receiving eight awards for the school district, including Best Musical, in the
program's first year, and 3) said the last Ocoee High School Band Concert of this year will be
held on Friday.
Mayor Vandergrift 1) congratulated the graduates of Ocoee and West Orange High Schools.
He said approximately 560 students from Apopka choose to go to Ocoee High School and added
to the large graduating class. Ceremonies are open to the public, with seating for 4,000 at the
Wide Wodd of Sports Complex in Disney Wodd.
I E. CONSENT AGENDA
1. ReappoiIltmenttoHRD:o:ooard. (c;gityc;glel'kEild~Jl1J~"I'y)
On September 16,2003, Resolution No. 2003-21, was adopted creating the Human Relations and Diversity Board,
requiring no less than seven (7) members and no more than fifteen (15). The Resolution was then amended by
Resolution 2004-11, which changed the quorum requirement to 50% plus 1. Member terms are two- years. The
two-year terms of Lester Dabbs and Karen Lee Fatt will expire in May. The two-year terms of Martha Lopez-
Anderson, Carmen Arzola, and Frann Kelley Rodriguez will expire in June. The two-year terms of Dorcas Dillard,
Phillip Lee Fatt, and James Fleming will expire in July. All of these members have indicated they are willing to
serve another term, if reappointed.
Approved on Consent Aaenda Vote. Motion carried 5-0
2..........}\ppr()val..of.Jamela w aterPlan.t..__..EI~vated...Storage..'I'an.k:. (Utilities..Directol'..Smith)
The Jamela Water Plant has been taken off line with the exception of the plant's elevated storage tank. The
elevated tank provides stability to the water system network, but will not be needed after Forest Oaks and South
Water Plants are retrofitted with the two new high service pumps. The pumps will change the system from a single
speed drive to a variable frequency drive system. The retrofit was previously authorized by the City Commission
and should be completed and fully operational within the next three weeks. Pittsburg Tank & Tower Company is
proposing to remove the elevated storage tanks at no cost to the City for the rights of salvage of the tank materials.
The tank company understands that the letter of agreement is not acceptable and that City will require its revision.
A second tank demo company, Iseler Demolition, Inc., was contacted to ascertain their interest in demolishing the
tank. Mr. Doug Iseler, owner, indicated that the City should accept Pittsburg Tank's offer to remove the tank at no
cost.
Discussion occurred regarding what will be done with the cost savings that we budgeted for
removing the tank, and if we could have sold the tank instead of giving it to a company at the
cost savings of removing it. Utilities Director Smith advised that more favorable terms and
insurance requirements can still be negotiated with the company before the contract is finalized;
Page 2 of 10
City Commission Regular
May 16, 2006
he will get input from the City Manager and City Attorney. He also advised that hydraulic
monitoring was done to ensure there would be no impact to the city having one less water
system, and the testing proved that there was sufficient coverage from the two plants. The
water will be discharged into the lower Floridian Aquifer.
Approved on Consent Aaenda Vote. Motion carried 5-0
3.ApI>ro'Val()fRevised2003BondPI'()~eedslllldget...(Utilities[)irect()r$lllitll)
Of the original projects, the "Regional Effluent Disposal and Wet Weather Discharge" project was replaced by the
Winter Garden -Ocoee ''Northwest Reuse Interconnection Connections" project. This project will allow the City of
Ocoee to provide retail reuse water to the northwest section of the City by utilizing Winter Garden's reuse water
under a wholesale purchase agreement. Currently, those customers in that sector who are using irrigation are being
served by Orange County. This project would provide about $6,500 per month increase in the rate base minus a
fixed wholesale fee to the City of Winter Garden. The remaining original project status's are: South Reuse Project
has been completed, the North Reuse project is under construction, Professional Parkway utility work is completed,
and both the Maguire Road Phase V and S.R. 50 force main relocations are under design. Added to the budget, as a
separate item, were the funds to cover the costs of the installation of the reuse meters and back flow devices for each
of the new reuse customers in the retrofit project areas. The amount is based on 753 meters at $500 each and a
backflow device at $20 each. While un-documented, the general consensus is that the cost of the reuse meters for
the retrofit customers was to be covered by the bond proceeds.
Discussion occurred regarding setting precedence for the waiving the costs to residence
and having the City bear the cost of retro fitting. Utilities Director Smith said it was
decided earlier that the cost would be incorporated into the rates, and not made a direct
cost. The consensus of the Commission was that they understood the City previously
agreed to do that for all reuse water installations.
Approved on Consent Aaenda Vote. Motion carried 5-0
proV'alofEx
11m
The Ocoee Police department was recently awarded a $50,000 grant from the State of Florida !Florida Department
of Law Enforcement (FDLE) to purchase night vision and thermal imaging equipment. This is a reimbursement
grant requiring the police department to purchase the items and then be reimbursed by FDLE upon proof of
purchase. The police department will use monies from the police forfeiture account to purchase the equipment.
Approved on Consent Aaenda Vote. Motion carried 5-0
5..A.I>provalofCb
works. Difec
Change Order #1 in the amount of $27,296.77, is for the addition of items not included in the original bid which
includes (1) additional electrical circuits for the hydraulic lifts, (2) additional circuits for the emergency generator
operations, (3) additional AlC unit for the sign shop, and (4) change from standard galvanized roof panels to factory
color panels. A 52 calendar day time extension will also be required for Change Order #1.
Approved on Consent Aaenda Vote. Motion carried 5-0
6. siderationofAd forFI
nityRelatiollsl\fanage
The 80th Annual Conference of the Florida League of Cities will be held August 10-12,2006, at the Hyatt Regency
Hotel in Jacksonville. In previous years, the Commission has voted to approve a half-page, black and white
advertisement in the special conference issue of Quality Cities magazine. Staff recommends the Mayor and
Commission place a half-page, black and white advertisement in the special conference issue of Quality Cities
magazine, at a cost of $300.00. Additionally, direct staff to insert an updated commission photograph and script,
and forward the ad to Florida League of Cities.
Approved on Consent Aaenda Vote. Motion carried 5-0
Page 3 of 10
City Commission Regular
May 16, 2006
1....... .. ReDl()val..()f.E.d.IlC3ti()II..(j()DlIIiissioIlM~IIibel's....((j()mmlll1i~ltelati()lIs.Managel'..'\\1J'igl1t)
The Education Commission has had difficulties meeting a quorum. As a result, the Commission has not been able to
vote and take action on issues. Members Damita Andreaus and Maria Mixon have poor attendance. Member
Andreaus was appointed to the Commission in June 2005. His overall attendance record is 37.5 percent. Member
Mixon was appointed to the Commission in June 2005. Her overall attendance record is 12.5 percent. The removal
of these members would reduce the current Commission to (8) members and would reduce the number of members
needed to make a quorum.
Approved on Consent Aaenda Vote. Motion carried 5-0
ani)
The City acquired Parcels 11OA, 11OB, 708A, and 708B through condemnation for the Old Winter Garden Road
Widening Project. The City is responsible for the reasonable expert's fees and attorneys' fees in the prosecution of
this lawsuit.
Approved on Consent Aaenda Vote. Motion carried 5-0
Col'1sel'1t Aaelldcl Vote:
Commissioner Johnson seconded by Commissioner Keller moved to approve the
Consent Aaenda, Items 1 throuah 8, as presented. Motion carried 5-0.
I F. PUBLIC HEARINGS
ro
On September 21, 2004, the City Council adopted a resolution finding a certain defined area of the City of Ocoee
had conditions of "blight" as that term is defined in the Community Redevelopment Act. The Redevelopment Act
states that in a county that has adopted a home rule charter all redevelopment powers are vested in the county. A
municipality located within such a county may exercise redevelopment powers under the Act only if the governing
body of the county has delegated those powers to the governing body of the city. ~163.400, Florida Statutes.
Orange County had adopted a home rule charter. On March 21, 2006, the Orange County Board of County
Commissioners unanimously approved the CRA Resolution, and an Interlocal Agreement with the City of Ocoee
delegating authority for creating and managing a community redevelopment agency to the City. The City officially
created the Community Redevelopment Agency (CRA) on April 18, 2006. The next step in the CRA process is to
adopt a Redevelopment Plan and to direct staff to implement that Plan. On April 25, 2006, the CRA held their first
official meeting. At that meeting the CRA reviewed the proposed Redevelopment Plan and directed staff to send the
proposed Redevelopment Plan to the local planning agency to be reviewed for consistency with the City's
Comprehensive Plan. The City's Planning and Zoning Commission reviewed the Plan on May 9,2006, and found it
to be consistent with the City's Comprehensive Plan. The CRA Board is meeting at 6 p.m. on May 16, 2006, to
finalize plan approval. The final step in the Plan approval is for the Orange County Board of County
Commissioners to approve the plan. It is anticipated that they will take formal action on May 23, 2006.
City Attorney Rosenthal read the title of the ordinance.
Community Development Director Wagner advised that the Planning and Zoning Board
determined that the Redevelopment Plan is consistent with our Comprehensive Plan. He gave a
Powerpoint presentation to explain the CRA boundaries, the purpose of eliminating blight,
redevelopment strategy, and statute requirements. He said the CRA area has many unsafe
dwelling areas and properties with no access to Highway 50, which will require some negotiating
with the property owners. He described the five main objectives of the redevelopment area being
transportation, promoting urban design, infrastructure (mainly water and sewer), open space and
Page 4 of 10
City Commission Regular
May 16, 2006
recreation, and creating an urban village mixed-use development with a town center in the area
of Maguire and Hwy. 50.
Mayor Pro Tem Anderson opened the Public Hearing.
R. P. Monacky, 1820 Prairie Lake Blvd., asked if money will be spent developing commercial
property, and asked about the formation of the CRA Board. Assistant City Manager Croteau
explained that the CRA Board will decide where and how the money will be spent within
statutory guidelines, and no projects have been approved for funding at this time. She also
advised that the Board is made up of the seated Commissioners and two additional appointed
members, and they are a separate entity from the City.
Commissioner Hood seconded by Commissioner Johnson moved to adopt
Resolution No. 2006-007. approvina the Redevelopment Plan for the CRA. Motion
carried 4-0. with Mayor Vanderarift out of the room.
The resolution as adopted carries the following title:
Resolution No. 2006-007
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO COMMUNITY
REDEVELOPMENT; MAKING FINDINGS; APPROVING A COMMUNITY
REDEVELOPMENT PLAN; AUTHORIZING AND DIRECTING THE AGENCY TO
IMPLEMENT THE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
ORDINANCE SECOND READINGS
1.0....A.pproval...pt't(]113Ilges...to}lel1si9Il..Q..dinapces. (lIllmap..1l.esolll'ces..llit~~t()I'..(]]a.l'l'1i~~lIa)
The Pension Board for the City of Ocoee Municipal General Employees' Retirement Trust Fund and the City of
Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund is governed by ordinance. The Pension
Attorney, Lee Dehner, has advised the Boards that a change is required by law resulting from amendments to the
Internal Revenue Code, which applies to tax qualified pension plans. Staff recommends the Commission adopt the
Pension Board changes as amended for the City of Ocoee General Employees' Retirement Trust Fund and the City
ofOcoee Municipal Police Officers' and Firefighters' Retirement Trust Fund.
I a. City of Ocoee Municipal General Employees' Retirement Trust Fund.
City Attorney Rosenthal read the title of the ordinance.
Human Resources Director Carnicella advised that Pension Attorney Dehner recommended
these changes to the ordinances in accordance with changes made by the IRS.
Mayor Pro Tem Anderson opened the Public Hearing.
There being no one wishing to speak, Mayor Pro Tem Anderson closed the Public Hearing.
Commissioner Keller seconded by Commissioner Johnson moved to adopt
Ordinance No. 2006-010, approvina the amendments to the 96-19 of the General
Employees' Retirement Trust Fund. Motion carried 4-0, with Mayor Vanderarift
out of the room.
The Ordinance as adopted on second reading carries the following title:
Page 5 of 10
City Commission Regular
May 16, 2006
Ordinance No. 2006-010
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF
OCOEE MUNICIPAL GENERAL EMPLOYEES' RETIREMENT TRUST FUND,
ADOPTED AND RESTA TED IN FULL BY ORDINANCE NUMBER 96-19; AS
SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS BY
AMENDING THE DEFINITION OF "CREDITED SERVICE", AMENDING SECTION 9,
OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15, DISTRIBUTION OF
BENEFITS; AMENDING SECTION 23, DIRECT TRANSFERS OF ELIGIBLE
ROLLOVER DISTRIBUTIONS; AMENDING SECTION 25, DEFERRED RETIREMENT
OPTION PLAN; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE.
I b. City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund.
City Attorney Rosenthal read the title of the ordinance.
Mayor Pro Tem Anderson opened the Public Hearing.
There being no one wishing to speak, Mayor Pro Tem Anderson closed the Public Hearing.
Commissioner Keller seconded by Commissioner Johnson moved to adopt
Ordinance No. 2006-011. approvina the amendments to the 96-20 of the Police
Officers' and Firefiahters' Retirement Trust Fund. Motion carried 4-0. with Mayor
Vanderarift out of the room.
The Ordinance as adopted on second reading carries the following title:
Ordinance No. 2006-011
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF
OCOEE MUNICIPAL POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT
TRUST FUND; AMENDING ORDINANCE NUMBER 96-20, AS SUBSEQUENTLY
AMENDED; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE
DEFINITION OF "CREDITED SERVICE"; AMENDING SECTION 10, OPTIONAL
FORMS OF BENEFITS; 16, DISTRIBUTION OF BENEFITS; AMENDING SECTION 19,
EXEMPTION FROM EXECUTION; NONASSIGNABILITY; AMENDING SECTION 25,
DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; AMENDING
SECTION 27, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR
SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE.
I G. ORDINANCE FIRST READINGS
dfol't
A I
On September 21, 2004, the City Council adopted a resolution finding a certain defined area of the City of Ocoee
had conditions of "blight" as that term is defined in the Community Redevelopment Act. The steps in the process of
redeveloping that are~ in accordance with the Act are: (i) create a Community Redevelopment Agency; (ii) adopt a
Page 6 of 10
City Commission Regular
May 16, 2006
redevelopment plan; and (iii) create a redevelopment trust fund and provide for the deposit therein of increment
revenues attributed to the redevelopment area. The Redevelopment Act states that in a county that has adopted a
home rule charter all redevelopment powers are vested in the county. A municipality located within such a county
may exercise redevelopment powers under the Act only if the governing body of the county has delegated those
powers to the governing body of the city. SI63.400, Florida Statutes. Orange County had adopted a home rule
charter. On March 21,2006, the Orange County Board of County Commissioners unanimously approved the CRA
Resolution, and an Interlocal Agreement with the City of Ocoee delegating authority for creating and managing a
community redevelopment agency to the City. The City approved the ordinance officially creating the Community
Redevelopment Agency (CRA) on April 18, 2006.
City Attorney Rosenthal read the title of the ordinance.
Second Reading and Public Hearing will be held on June 6, 2006, contingent on being passed by
Orange County on May 23, 2006.
City Attorney Rosenthal advised that we can go ahead with the June 6th advertisement of Public
Hearing, and if it does not get approved by the County on May 23rd, we can open the Public
Hearing and continue it to avoid re-advertising.
12.
2 c
In order to implement the changes in service previously approved by the City Commission to the City's solid waste
services, it is necessary to revise Chapter 143 of the City Code (Solid Waste). The revisions included primarily
effect the residential curbside services as highlighted in the attached ordinance. Specifically, the changes (i)
authorize the use of an additional garbage cart for residential customers for an additional charge, (ii) provide for the
collection of up to 10 bulk items or 4 cubic feet of bulk waste per month, whichever is greater, (iii) provides for the
City Commission to establish deposit fees by resolution, (iv) authorizes the City to collect a payment in lieu of
franchise fee not to exceed 25% if it provides collection services in lieu of a franchisee, and (v) allows the City
Commission to establish by resolution a procedure for customers to "opt out" of the non-ad valorem assessment for
solid waste collection and pay charges directly to the City on a monthly basis.
City Attorney Rosenthal read the title of the ordinance.
Second Reading and Public Hearing will be held on June 6, 2006.
Public Works Director Zaitooni said the only item that changed from previous presentations is
the percentage rate on the franchise fee and the bulk items are more clearly defined.
Commissioner Johnson said that the section about the opt-out clause should be made clearer so
residents know the opt-out is not available this year.
I H. REGULAR AGENDA
13.Discus'
(PUbli irector
City's Commercial & Multi-Family Contract with Onyx Waste Services will expire at the end of August 2006. City
will have the option of extending the Contracts for another two (2) years or negotiate a limited term service with the
current hauler. In a work session held on October 19, 2005, staff presented the available options to the City
Commission regarding the commercial and multi-family garbage requested direction from City Commission. Staff
has determined that either the out-sourced or the in-house options are feasible and effective, and therefore, is
requesting direction from the City Commission regarding the available options. This staff report sets forth the details
in regards to the options for the commercial solid waste operation, funding strategies and contribution to residential
curbside, and the required increase for commercial rates. Staffwill make a PowerPoint presentation on the details of
the commercial solid waste plan and provide copies of previous discussion items.
Page 7 of 10
City Commission Regular
May 16, 2006
Public Works Director Zaitooni advised that if the service remains outsourced, the revenues
will still be met without exhausting in-house manpower or sustained equipment replacement over
the years. We have the option to negotiate a new contract with the hauler. City Attorney
Rosenthal advised we have passed the deadline to terminate the service, and Onyx passed the
deadline to request a fee increase, so at this point we are on the automatic two year renewal.
Public Works Director Zaitooni also stated if we decide to extend their contract we should feel
obligated to raise their fees due to the recent raise in gasoline prices. The hauler has unofficially
stated in email that they wanted a 45-51 % increase. City Attorney Rosenthal reminded the
Commission if they are not happy with terms that can be negotiated, they can look at other
options, and based on the email thatMr.Zaitooni received, if the Commission's position was that
they would not adjust their rates, they would probably mutually agree with a termination to the
agreement. At that point you could go back to the bid process and it would be doubtful that
Onyx will bid again.
Discussion followed regarding keeping Onyx for commercial services until after the residential
system is in place, negotiating a fee increase with Onyx to cover increased fuel and other costs to
deliver services, and re-bidding the job and open in up to other haulers if there is a mutual
agreement to terminate the contract. Onyx has expressed that they are not interested in
continuing the services if the rates do not increase.
Consensus of the Commission was that staff should neaotiate the best deal that
they can with Onyx and brina it back before the Commission, as well as lookina
into other haulers. The Commission can ao with other options if they are not
happy with the contract with Onyx.
City Manager Frank said we have the Delta now and the Resolution Rates and we need to
make sure the services are revenue neutral for the City.
proyalofSe
steServices .co y'l'erlD1n
Onyx Waste Services, Inc. had made a request for an early termination of their residential yard waste & bulky waste
Agreement with the City. On March 21, 2006, City Commission directed staff to pursue an amendment to the
residential yard waste & bulky waste with Onyx Waste Services, Inc. Therefore, pursuant to the City Commission's
approval of the in-house residential curbside, staff has prepared amendment #2 to the residential yard waste & bulky
waste Agreement with Onyx Waste Services, Inc. The Amendment will provide for the early termination of the
contract and transition to an in-house service, address contractor default, and provide for mutual releases and
cooperation between the parties.
Public Works Director Zaitooni said in March 2006 the Commission agreed to an early
termination of the contract with Onyx for residential yard waste and bulky waste. The contract is
being presented tonight for approval. .
Commissioner Keller seconded by Commissioner Hood moved to approve the
Second Amendment to Yard Waste & Bulky Waste Contract with Onyx Waste
Services for Early Termination of Service. Motion carried 4-0, with Mayor
Vanderarift out of the room.
Page 8 of 10
City Commission Regular
May 16, 2006
I I. STAFF REPORTS
City Manager Frank thanked Public Works Director Zaitooni for all of his hard work and
dedication and wished him well in his new job in Arizona.
I J. COMMENTS FROM COMMISSIONERS
Commissioner Keller 1) said the Hackney Prairie road is becoming a hazard because of
speeders, and Public Works Director Zaitooni advised that speed tables cannot be placed on a
collector road and it needs landscaped medians to visually slow down the traffic, or a traffic
circle could be placed at Remington Oaks, 2) asked Public Works Director Zaitooni to take care
of the potholes on Johio Shores Road, 3) advised Public Works Director Zaitooni that we need
maintenance in the Dove Tail area, it has not been mowed in six months.
Commissioner Johnson 1) said the landscape at the right-of way at Maguire Road and the
turnpike needs to be enhanced, and he would like the City to look into using IVY like Winter
Garden is using because it stays nice with less maintenance, 2) said he feels we should replace
the Oak Tree that was cut down from Magnolia, and Public Works Director Zaitooni said it
was a liability issue because the tree was badly damaged in the hurricanes, and suggested they
donate a tree to the homeowner and have it placed on his property and not in the right of way.
Commissioner Johnson advised that would be fine, as long as we replace the tree we cut down.
Commissioner Hood 1) is still interested in developing a Charter Review Board and wants staff
to look into it, 2) thanked Public Works Director Zaitooni for his honesty and hard work and
wished him well in his new job, 3) confirmed the start date of May 23rd with Mr. Zaitooni for the
work being done on Lady Avenue, 4) asked about the reflectors on Adair Street and Public
Works Director Zaitooni said they are under contract to be done, 5) thanked staff for the great
job they did at the Vignetti Center; it looks like new, 6) thanked Parks and Recreation Director
Petrone for the good job that the Park Ranger is doing, he has been very helpful securing the ball
fields, and 7) said we need to do something about crime and juveniles at the West Oaks Mall.
Police Chief Goclon said they have stepped up security, and have been able to make several
arrests, and they continue to make their presence known. Mayor Vandergrift said he suggest
Commissioner Hood meet with Kay Behrens, mall manager, regarding what is being done. He
said they have placed a multi million dollar security camera system, etc. to try to assist with the
problems. Commissioner Anderson said the mall has actually loosened their standards and
allowed gang colors to be worn, etc. The City needs to be pro-active in holding the mall
management to higher standards. Consensus of the Commission is that
Commissioner Hood will meet with Mall staff, and report back to the Commission,
8) thanked Butch Stanley and Charlie Brown for all of the extra things they do for the
Community, and 9) congratulated Officer Jeff Dyer on the Governor's award.
Commissioner Anderson 1) asked if DOT has received any information on funding for our
section of State Road 50, and City Manager Frank said they have received funding but the
funding formula changes every few months and we have not received anything in writing; he
believes they do have some additional money using small business loans, state matches and the
CIP budget, and construction is scheduled for 2008, 2) asked about the City taking over the
design of the project so we can develop the look we want; City Manager Frank said they are
offering programs now where they do the construction and administration, and the city can place
additional features and landscaping in the median. The Chamber of Commerce recently had a
Page 9 of 10
City Commission Regular
May 16, 2006
bus tour showing an area of 192 in Kissimmee that showed where businesses paid for a special
assessment for road enhancements, we could look into that, but we also have the option of using
the CRA funding since it runs along SR 50 corridor, 3) asked about the progress on Lakeshore
Drive, to which Utilities Director Smith advised he had looked at figures before and it would
cost approximately $22,000-$25,000 per parcel to abandon sewer systems and install sanitary
sewer; he advised he would bring back a report with cost estimates to add in sanitary sewer to the
road improvements project at the next Commission Meeting Consensus of the
Commission, without obiection, was to have staff brina back cost estimates at the
next meetina for installation of sewer alona Lakeshore Drive.
3) asked about the Police Chief applicants, and City Manager Frank advised 58 applications
were received, it was short-listed to 9 candidates, and four have been interview so far.
Mayor Vandergrift - 1) read email Mrs. Atkins said the residents should be able to vote on
placing wastewater and garbage on the tax bill. Mayor Vandergrift said the Commission has to
make some of these decisions on behalf of the residents based on the information they have.
2) Frances Watts emailed to say hello, and wished that whoever is coughing feels better soon.
I ADJOURNMENT
The meeting was adjourned at 9:00 p.m.
Attest:
APPROVED:
City of Ocoee
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
Page 10 of 10
MINUTES
OCOEE CITY COMMISSION
June 6, 2006 at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
I A. CALL TO ORDER
Invocation- Commissioner Anderson
Pledge of Allegiance-Commissioner Keller
Roll Call and Determination of Quorum-City Clerk Eikenberry
I B. PRESENTATIONS AND PROCLAMATIONS
Presentation - Fab Five DVD - Jim Sweatman, Greater Orlando Urban Fisheries Project
Leader. (Mayor Vandergrift)
Mr. Sweatman gave a video presentation and presented the city with a plaque in appreciation
for our assistance with making the Fish Orlando! Program a success. Commissioner Anderson
asked that the video be replayed on OGTV several times.
Proclamation - Wayne's Automatic Fire Sprinklers
Announcement of New Department Directors-
Jeff Hayes, Director of Parks and Recreation
Ron Reffett, Chief of Police
Police Chief Reffett was sworn into office by City Clerk Eikenberry. Mayor Vandergrift pinned
his badge.
I C. COMMENTS FROM CITIZENS/PUBLIC
Richard Doss, 290 Rewis Street, member of Starke Lake Baptist Church asked if the City
would consider abandoning a portion of Flewelling between the Church and the Railroad Tracks,
and allow the church to own it and continue maintaining it as they have in the past. City
Attorney Rosenthal explained that the City can choose do a Right-of-Way Abandonment
(vacation) Resolution once the applicant goes through the application process and gets a current
survey with legal description that can be recorded showing the vacated area, but the City does
not convey property and any vacated property would be split between the owners on both sides;
in this case, the Church and the Railroad. Principal Planner James explained the process that
the applicant needs to go through: submit the application, pay the fees ($500 application fee and
$1000 deposit), submit a survey, and wait for approval from utility companies for the vacation.
Mayor Vanderarift. seconded by Commissioner Anderson. moved to waive the
fees for the application process. subiect to staff confirmina that any vacation
would not infrinae on residents or future plans to widen Rewis Street. and subiect
to the applicant proceedina with the application process and obtainina a survey.
Motion Carried 4-0. with Commissioner Hood absent.
City Commission Regular
June 6, 2006
I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE I
Commissioner Anderson - 1) asked about the fountain on Starke Lake. Assistant Public
Works Director Elliott advised the contractors have replaced the pump and staff has been
advised to wait until the water level rises up over the fountain before starting the pump again in
order to keep from burning it out, 2) asked when we are going to post a schedule for OGTV,
Community Relations Director Wright advised that are in the process of upgrading the
scheduling aspect of the system so programs will be scheduled play at an exact time/date each
week and a schedule can be posted. At this time, we do not have that capability.
Commissioner Keller- I) the Marching Band for Ocoee High School was invited to the Cotton
Bowl on January 1,2007, and they will perform in the parade prior to the event and at halftime,
2) said a picture was left behind for one of the members of his foursome at the Ocoee High
School Golf Tournament, and left it so that Gequita Cowan could see that he gets it.
Mayor Vandergrift- 1) said he is trying to get together a group of people assist a veteran on
Saturday at 8:00 a.m., 1971 Key Lime Street, in Amber Ridge; to remove wood from two large
trees that were cut down a few years ago and the rotting wood is now drawing rats, and 2) said
there is a $10 chance to buy a free weekend in Captiva Island, benefiting the Relay For Life
American Cancer Society Team, contact Carol Johnson at 407656-8791,407-353-5932.
I E. CONSENT AGENDA
1. Reappointment to Code Enforcement Board. (City Clerk Eikenberry)
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 fmes 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. The three-year terms of Jim Morton and Lee Ann Stanley will expire in June. Both of these members have
indicated they are willing to serve another term, if reappointed. Staff recommends that the Honorable Mayor and
City Commissioners reappoint Jim Morton and Lee Ann Stanley to serve another three-year term on the Code
Enforcement Board ending June 2009.
Adopted on Consent; motion carried 3-0. with Commissioner Hood absent and
Commissioner Johnson away from the dais.
2. Quarterly Financial Report for the Second Quarter, FY 2006. (Finance Director
Horton)
The report summarizes financial activity for the period January 2006 to March 2006. Revenues are being collected
as anticipated for all funds. Expenditures are being closely monitored and are within expected ranges. Staff
continues to look for new ways to increase revenues and/or reduce expenditures without compromising the levels of
service to the community.
Adopted on Consent; motion carried 3-0. with Commissioner Hood absent and
Commissioner Johnson away from the dais.
3. Approval for Renewal of Work Order #VF-596019764-002 with FDOT for State
Highway Lighting, Maintenance, and Compensation Agreement for FY 06/07.
(Assistant Public Works Director Elliott)
The existing contract between the Florida Department of Transportation and City of Ocoee for the routine
maintenance of the State Lighting, Maintenance, and Compensation will expire on June 30, 2006. FDOT is
requesting renewal of this contract at $18,081.69. This amount represents a 3% increase from previous contract
period.
Adopted on Consent; motion carried 3-0. with Commissioner Hood absent and
Commissioner Johnson away from the dais.
Page 2 of 12
City Commission Regular
June 6, 2006
4. Approval of Traffic Enforcement Agreement for Villas at Woodsmere Subdivision.
(Police Chief Goclon)
A traffic enforcement agreement is required by Florida State Statutes 316.006(2) for the Ocoee Police Department to
have authority to enforce traffic laws upon the private roads within the limits of the gated subdivisions. THE
VILLAS AT WOODSMERE HOMEOWNER'S ASSOCIATION, INC., is requesting such an agreement.
Adopted on Consent; motion carried 3-0. with Commissioner Hood absent and
Commissioner Johnson away from the dais.
5. Approval of Purchase of Computer Equipment/Software. (police Chief Goclon)
The Police Communications budget for FY 05/06 carried over $29,300.00 in Contractual Services (317-516-00-
3400) from FY04/05 to relocate radio equipment and an antenna from the old fire station located at 150 N. Bluford
Ave. WTEC/Motorola, the company contracted to move the equipment, originally quoted a price of $29,300.00 to
complete the work. WTEC/Motorola was able to move the radio equipment and the antenna (without having to
relocate the structurally unsound and aesthetically unappealing antenna tower) at a cost of only $16,650.00, resulting
in a savings of $12,300.00. With these savings, the Police Department wishes to purchase $8,000.00 Computer
Equipment! Software to replace four (4) out of warranty CPU's for the Communications Center. The computers are
not budgeted for replacement in the current fiscal year and were most likely going to be replaced in the FY06/07
budget.
Adopted on Consent; motion carried 3-0. with Commissioner Hood absent and
Commissioner Johnson away from the dais.
6. Approval of the SJWMD Water Protection & Sustainability Program's Cost Share
Agreement for the City's Reuse Water System Expansion. (City Engineer Wheeler)
The Cost Share Agreement between City of Ocoee and St. Johns River Water Management District is in
response to the City applying for funding to assist with the expansion of the City's Reuse Water System. The
proposed expansion included in the cost share agreement will include four projects, three of these projects will be
retrofitting The Reflections, Reserve, and The Silver Glenn subdivisions with a reuse water system. The fourth
project will be extending the reuse main along Blackwood Ave in order to serve Ocoee Commons reuse water.
SJRWMD will fund 20% of the projects construction costs up to $510,000.00. The remaining funding for the three
subdivision retrofit projects will be funded by the 2003 Utility bond issue and are already included in this year's CIP
per the approved Bond Proceed Budget. The remaining portion of the Blackwood Ave. Reuse Main Extension
Project has yet to be funded.
Adopted on Consent; motion carried 3-0. with Commissioner Hood absent and
Commissioner Johnson away from the dais.
7. Approval of Short-Listed Firms for RFQ #0602 Security Systems Installation,
Maintenance, and Monitoring Services for City of Ocoee Water Treatment Plants.
(purchasing Agent Tolbert) removed/rom Consent Agenda and heard after Item #9
A Request for Qualifications (RFQ) was advertised with the intention of soliciting statements of qualifications
from qualified security systems providers to provide installation, maintenance, and monitoring services for the City
of Ocoee Water Treatment Plants. The Selection Committee short-listed three (3) service providers and one (1)
alternate, based on qualifications, to undertake negotiations so as to award the installation and maintenance of the
security systems and provide the monitoring services to one (1) of the short-listed service providers. The term
contract for the maintenance and monitoring will automatically renew annually with annual cost escalations and
terms to be determined during the negotiation process. Staff recommends the City Commission: 1) Approve the
short-listed firms and one (1) alternate firm for RFQ #0602; 2) Authorize staff to proceed with proposal negotiations
with Access Limited Inc., Quality Communications Fire & Security Inc., and ADT Security Services Inc., and if
necessary, negotiate with Wunderlich-Malec Systems as the alternate firm. Once negotiations are complete, staff
intends to recommend a single proposal from one (1) of the short-listed firms for fmal approval by the City
Commission.
This item was removed from the Consent Agenda and heard separately after Item #9.
Page 3 of 12
City Commission Regular
June 6, 2006
Edward F. Moore, 3419 Kentshire Blvd, Ocoee, advised he is a resident and also a sub-
contractor for the company chosen as an alternate, Wunderlich-Malec Systems. He said he
researched this heavily and thinks the City is making a mistake not to allow Wunderlich-Malec
systems to be on the short-listed group of companies that will submit proposals.
Mayor Vandergrift acknowledged that he knew Mr. Moore and had communicated with him on
this issue to the extend that he told Mr. Moore to come the meeting and advise the Commission
explain his grievance.
Commissioner Keller seconded by Commissioner Anderson moved to direct staff
to proceed with proposal neaotiations with the top four-ranked companies
(Access Limited Inc.. Quality Communications Fire & Security Inc.. ADT Security
Services Inc.. and Wunderlich-Malec Systems). Motion carried 3-1. with
Commissioner Johnson opposed and Commissioner Hood absent.
8. Approval of Contract Funding for Miscellaneous Planning Services. (Principal Planner
James)
The Community Development Department, in cooperation with the Utilities and Engineering Departments, is
currently engaged in the following planning activities: 1) The update of the St. Johns River Water Management
District Consumptive Use Permit (CUP) that will determine the amount of water that can be pumped from the
Floridan Aquifer over the next 10 years; 2) The analysis of the Transportation Analysis Zones (TAZs) for Metroplan
Orlando that will provide input to the area-wide transportation model that will determine future roadway needs (See
attached Metroplan letter, dated May 11, 2006); 3)The redistricting of the City's Commission Districts for future
elections; and 4) The development of the Proportionate Share Ordinance for Transportation as required under new
statewide growth management legislation. Renaissance Planning Group (RPG), the City's transportation continuing
service providers, has provided a cost estimate to assist in the completion of the above tasks. Staff recommends that
the Mayor and City Commissioners approve the contract for Renaissance Planning Group for miscellaneous
planning services by authorizing the payment of funds from road impact fees and minor adjustments to the
Community Development Department budget.
Adopted on Consent: motion carried 3-0. with Commissioner Hood absent and
Commissioner Johnson away from the dais.
9. Request for Transfer of Funds to Cover Election Costs. (City Clerk Eikenberry)
During the City's Budget Process in June 2005 the Supervisor of Elections Office did not have cost information for
the upcoming 2006 Elections. The amount of $7,000 was placed in the election line item based on previous election
costs being under $6,000. Bills from the Supervisor of Elections Office have now been received for the general and
run-off elections, with the total amount being $10,848.00. An additional $2,340.59 was spent on advertising and
printing of the ballots. Total 2006 election costs were $13,189.19, exceeding the budgeted amount by $6,189.19.
Staff recommends the Mayor and Commission approve the transfer of funds in the amount of $6,189.19 from the
Commission Contingency Fund to the City Clerk Budget, Election Expense Fund #-001-512-10-5600.
Adopted on Consent; motion carried 3-0. with Commissioner Hood absent and
Commissioner Johnson away from the dais.
I F. PUBLIC HEARINGS
10. McCormick Woods, Phase 3 - Preliminary/Final Subdivision Plan. (Advertised Orlando
Sentinel Legal Classified on Thursday, May 25, 2006). (Community Development Director
Wagner)
McCormick Woods Phase 3 subdivision is a continuation of the previously approved McCormick Woods (Phase 1
& 2) residential subdivision. The Preliminary/Final Subdivision Plan proposes 30 single-family residential lots on
approximately 9.86 acres. The property is zoned R-1A requiring a minimum lot width of 70 feet and lot size of
8,000 SF. Proposed land density for the project will be 3.04 units per acre.
Page 4 of 12
City Commission Regular
June 6, 2006
Community Development Director Wagner gave a short PowerPoint presentation regarding
this property, and said the Planning and Zoning Board and staff recommends approval of the
Preliminary/Final Subdivision Plan.
Mayor Vandergrift opened the Public Hearing.
R.P. Monacky asked if the developers were going to be responsible for building sound walls,
since this is next to a known highway. Stuart Kramer, representing the landowner KKH said
they are continuing the same landscape buffer (20 foot wide) in Phase 3, that were required in
Phases 1 & 2. Commissioner Johnson advised we have not received any complaints from the
residents who have lived there for over a year.
Commissioner Keller 1) asked Community Development Director Wagner which part of the
tree survey was correct, one shows that tree 1573 is staying, and one shows it is going. Mr.
Wagner advised that the zoning inspector is diligent about preserving every tree that we can, and
it will not be removed until the final process, only if absolutely necessary.
Commissioner Keller asked about kids having access to the new middle school that will be
built, and Community Development Director Wagner pointed out the two connecting paths.
Commissioner Keller seconded by Commissioner Johnson moved to approve the
Preliminary/Final Subdivision Plan for McCormick Woods. Phase 3. Motion
carried 3-0. with Commissioner Hood absent and Mayor Vanderarift away from
the dais.
ORDINANCE SECOND READINGS
11. Ordinance Creating a Trust Fund for the Community Redevelopment Agency (CRA).
(Advertised Orlando Sentinel Legal Classified on Thursday, May 25, 2006). (Assistant City Manager
Croteau)
On September 21, 2004, the City Council adopted a resolution fmding a certain defmed area of the City of Ocoee
had conditions of "blight" as that term is defmed in the Community Redevelopment Act. The steps in the process of
redeveloping that area in accordance with the Act are: (i) create a Community Redevelopment Agency; (ii) adopt a
redevelopment plan; and (iii) create a redevelopment trust fund and provide for the deposit therein of increment
revenues attributed to the redevelopment area. The Redevelopment Act states that in a county that has adopted a
home rule charter all redevelopment powers are vested in the county. A municipality located within such a county
may exercise redevelopment powers under the Act only if the governing body of the county has delegated those
powers to the governing body of the city. ~163.400, Florida Statutes. Orange County had adopted a home rule
charter. On March 21, 2006, the Orange County Board of County Commissioners unanimously approved the CRA
Resolution, and an Interlocal Agreement with the City of Ocoee delegating authority for creating and managing a
community redevelopment agency to the City. The City approved the ordinance officially creating the Community
Redevelopment Agency (CRA) on April 18, 2006.
City Attorney Rosenthal read the title of the ordinance.
Mayor Vandergrift opened the Public Hearing.
There being no one wishing to speak, Mayor Vandergrift closed the Public Hearing.
Commissioner Anderson seconded by Commissioner Keller moved adopt on
second readina. Ordinance No. 2006-012. approvina the creation of a Trust Fund
for the Community Redevelopment Aaency (CRA). Motion carried 4-0. with
Commissioner Hood absent.
The ordinance as adopted on second reading carries the following caption:
Page 5 of 12
City Commission Regular
June 6, 2006
Ordinance No. 2006-012
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING A
REDEVELOPMENT TRUST FUND; PROVIDING FOR THE FUNDING OF A
REDEVELOPMENT TRUST FUND FOR COMMUNITY REDEVELOPMENT WITHIN THE
COMMUNITY REDEVELOPMENT AREA; PROVIDING FOR ADMINISTRATION OF THE
REDEVELOPMENT TRUST FUND; DETERMINING THE TAX INCREMENT TO BE
DEPOSITED IN THE REDEVELOPMENT TRUST FUND; ESTABLISHING THE BASE
YEAR FOR DETERMINING ASSESSED VALUES OF PROPERTY IN THE COMMUNITY
REDEVELOPMENT AREA FOR TAX INCREMENT PURPOSES; PROVIDING FOR THE
ANNUAL APPROPRIATION OF THE TAX INCREMENT BY TAXING AUTHORITIES IN
THE COMMUNITY REDEVELOPMENT AREA; APPOINTING THE GOVERNING BODY
OF THE COMMUNITY REDEVELOPMENT AGENCY AS THE TRUSTEES OF THE
REDEVELOPMENT TRUST FUND; EXEMPTING CERTAIN SPECIAL DISTRICTS FROM
THE ANNUAL REQUIREMENT TO APPROPRIATE INCREMENT REVENUES TO THE
REDEVELOPMENT TRUST FUND AND AUTHORIZING AND DIRECTING THE
PREPARATION OF AN INTERLOCAL AGREEMENT IMPLEMENTING EACH SUCH
EXEMPTION; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
12. Modifications to Chapter 143 - Solid Waste Ordinance. (Advertised in Orlando Sentinel
Orange Extra on Thursday, May 25,2006). (Assistant Public Works Director Elliott)
In order to implement the changes in service previously approved by the City Commission to the City's solid waste
services, it is necessary to revise Chapter 143 of the City Code (Solid Waste). The revisions included primarily
effect the residential curbside services as highlighted in the attached ordinance. Specifically, the changes (i)
authorize the use of an additional garbage cart for residential customers for an additional charge, (ii) provide for the
collection of up to 10 bulk items or 4 cubic feet of bulk waste per month, whichever is greater, (iii) provides for the
City Commission to establish deposit fees by resolution, (iv) authorizes the City to collect a payment in lieu of
franchise fee not to exceed 25% if it provides collection services in lieu of a franchisee, and (v) allows the City
Commission to establish by resolution a procedure for customers to "opt out" of the non-ad valorem assessment for
solid waste collection and pay charges directly to the City on a monthly basis.
City Attorney Rosenthal read the title of the ordinance.
Mayor Vandergrift opened the Public Hearing.
There being no one wishing to speak, Mayor Vandergrift closed the Public Hearing.
Commissioner Anderson seconded bY Commissioner Johnson moved adopt on
second readina. Ordinance No. 2006-013. approvina modifications to Chapter 143.
Solid Waste. Motion carried 4-0. with Commissioner Hood absent.
The ordinance as adopted on second reading carries the following caption:
Page 6 of 12
City Commission Regular
June 6, 2006
Ordinance No. 2006-013
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING CHAPTER 143 OF
THE CODE OF ORDINANCES OF THE CITY OF OCOEE REGARDING SOLID WASTE;
AUTHORIZING THE USE OF ONE ADDITIONAL SOLID WASTE CART BY
RESIDENTIAL OCCUPANTS OR OWNERS; PROVIDING FOR THE COLLECTION OF
BULK ITEMS FROM RESIDENTIAL OCCUPANTS OR OWNERS; PROVIDING FOR A
NON-REFUNDABLE CART DEPOSIT; PROVIDING THAT THE CITY COMMISSION
MAY ESTABLISH A METHOD FOR CUSTOMERS TO OPT OUT OF NON-AD VALOREM
ASSESSMENT AND PAY CITY FEES AND CHARGES MONTHLY; PROVIDING FOR A
PAYMENT IN LIEU OF FRANCHISE FEE OF 25% IF SOLID WASTE COLLECTION
SERVICES ARE PROVIDED BY CITY EMPLOYEES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
I G. ORDINANCE FIRST READING - PUBLIC HEARING
13. Land Development Code Amendment - Illegal Non-Conforming Sites and Structure
Ordinance. (Second Reading Scheduledfor June 20, 2006). (Advertised Orlando Sentinel Legal Classified
on Thursday, May 25,2006). (principal Planner James)
Currently, there are no Land Development Code (LDC) provisions requiring properties or structures to be brought
back into compliance with the City regulations when a portion of the property is conveyed or transferred to a
governmental or quasi-governmental entity, such as for a roadway widening project. This specific problem area was
highlighted during the right-of-way purchases or "takings" by the Florida Department of Transportation (FDOT) for
the eventual 6-1ane widening of SR 50/Colonial Drive. Properties along this roadway were originally required to
fulfill the City's requirements concerning landscaping, buffers/setbacks, signage and parking. In many instances,
these requirements reflected the enhanced standards that were adopted for the State Road 50 Activity Center. After
the proposed right-of-way takings, many of these properties and/or structures will no longer meet the Land
Development Code requirements. This amendment would make the properties or structures illegal and non-
conforming, and outline a process to bring these properties back in compliance with the LDC. This new subsection
will apply to all properties within the City not just those along SR 50/Colonial Drive.
City Attorney Rosenthal read the title of the ordinance.
Mayor Vandergrift opened the Public Hearing.
There being no one wishing to speak, Mayor Vandergrift closed the Public Hearing.
Mayor Vandergrift advised the second reading and Public Hearing will be held June 20, 2006.
I H. REGULAR AGENDA
14. Ocoee Crown Point PUD, RFP #06-001- Developer Recommendation. (CityManager
Frank and Community Development Director Wagner)
On December 6, 2005, the Mayor and City Commissioners authorized City Staff to advertise a Request for Proposal
(RFP) for sale of residential land within the Ocoee Crown Point PUD. This RFP identified numerous design
parameters each developer would be required to include in their respective proposals. This ensured that all
respondents had an equal opportunity to bid on the project. Over 20 developers picked up the initial RFP packet. A
mandatory Pre-Proposal conference was held with the prospective applicants to go over the very detailed design
requirements contained within the RFP and to answer any questions regarding an extensive list of due diligence
materials provided to each developer. All pertinent RFP response requirements were also addressed to ensure that
each respondent would provide the correct materials in the proper format. Based upon a very detailed and
exhaustive review of each respondent's RFP proposal, including all additional interviews and site visits, the City
Manager and staff were unanimous in their opinion that the Centex proposal offered the best price, character of
Page 7 of 12
City Commission Regular
June 6, 2006
development and design quality by a clear margin over the other two proposals, with Ryland ranked number two and
KB Homes ranked number three.
Community Development Director Wagner explained the history of the Crown Point property
and how staff was directed to locate a private developer via RFQ to purchase and develop a
portion of the property and had five responses, with three developers bidding over 12 million
dollars. Proposals were examined from the top three, interviews were conducted, and onsite
inspection of other homes built by them. Staff unanimously selected Centex, which most closely
resembled our vision for the Crown Point Property.
John Alverez, with Centex Homes, spoke on behalf of everyone present: Jeffrey Mohen with
Mohen Architecture, Brian Cerillo Strategic Operations with Centex, Dave Brown Project
Engineer with Centex, Kathy Leah Project Engineer with Post Buckley. He advised this is a
great team to put together a high quality development, and that Centex homes was ranked
number one for the least number of complaints lodged against developers.
R.P. Monacky, 1820 Prairie Lake Blvd. asked the size of the lots and why the garages were in
rear alleys. Community Development Director Wagner said this neo-traditional development
which is a compact design with smaller lots and larger homes; prices will start at approximately
$465,000.00.
Commissioner Johnson said to make sure the design remains the way it was presented.
City Attorney Rosenthal said procedurally we will negotiate a contract, when the contract for
sale comes back to the Commission, it will be an advertised Public Hearing, required by our
Charter, because it is a disposition ofland over 1 million dollars.
Commissioner Keller seconded by Commissioner Johnson moved approve the
rankinas for the developer recommendations and directed staff to beain
neaotiations with Centex Homes for the sale of the Crown Point Property at a
sellina price of $12.194.00. Motion carried 4-0. with Commissioner Hood absent.
15. Approval of West Road Development Agreement. (Community Development Director
Wagner)
The City has been negotiating for several months with the developer of the Fountains West Shopping Center
regarding the needed realignment of West Road at its intersection with Ocoee-Apopka Road. In order to proceed
with the proposed land use change to the Comprehensive Plan and process the rezoning of the property to PUD, the
City has required the developer to rework the off-set intersection to be consistent with the Orange County plans for
construction of the new Clarcona-Ocoee Road widening and realignment. The proposed tri-party agreement, which
has already been approved by Orange County staff and the developer, provides for the abandonment of the existing
West Road and the construction of a new, relocated road to match up with Ocoee Crown Point Parkway. This
agreement requires contributions from all three parties to ensure that this work may be accomplished to not only
solve the short-term traffic problem, but also to set the stage for a long-term solution once the County moves ahead
with the Clarcona-Ocoee project.
Community Development Director Wagner gave a PowerPoint presentation and explained
how the proposed tri-party agreement will assist to alleviate the traffic problems and comply
with our Comprehensive Plan, as well as aligning with the long term solution of the County's
Clarcona-Ocoee project.
Mayor Vandergrift advised he would like the City to attempt to negotiate with the County to
advance the money for the purchase of the right-of-way, and enable us to four-lane the road for
at least 200 yards coming off of Apopka Highway. He said we may be able to get the School
Board to advance some money as well. City Attorney Rosenthal advised the County has not
Page 8 of 12
City Commission Regular
June 6, 2006
committed to purchase the right-of-way, they have an option to buy it at a below-market value
for a specified period of time, otherwise they will have to pay market price. City Manager
Frank said we can discuss this option with the county, but wants it to remain separate from this
agreement being proposed tonight.
Mayor Vanderarift seconded bY Commissioner Johnson moved approve the West
Road Development Aareement per staff recommendations. Motion carried 4-0.
with Commissioner Hood absent.
16. Approval of Three-Year Collective Bargaining Agreement between the City and
Teamster Local 385. (Human Resources Director Carnicella) This item was moved up
on the agenda and heard before Item #1
This collective Bargaining Agreement governs the terms and conditions of employment for Police Officers covered
under the Teamsters Union. The financial impact of this Collective Bargaining Agreement will be funded in the
following manner: $20,000 from Contingency that was already budgeted for Police Department salary changes from
the HRMP salary study, $72,826 budgeted for COLA & merit increases and an additional $119,237 savings from the
Police Dept. salary line item as a result of unfilled vacancies within the department (total cost of$212,063).
Mayor Vanderarift seconded bY Commissioner Anderson moved approve the
three-year Collective Baraainina Aareement between the City of Ocoee and
Teamster Local 385. Motion carried 4-0. with Commissioner Hood absent.
Human Resources Director Carnicella and Teamster Representative Jeff Candage spoke
about the negotiation process and thanked everyone involved in the process for their patience and
dedication.
Commissioner Keller acknowledged two officers on recent awards they received: Officer
Maroney received a Youth Service Award for his work with Police Explorers and other youth
programs, and Officer Hernandez received a Peers Award for his help locating and assisting a
distraught woman and her children when she was threatening suicide.
17. Appointment to the Citizen Advisory Council for Ocoee Police Department. (City
Clerk Eikenberry)
Members of the Citizen Advisory Council for Ocoee Police Department serve three-year terms. The Resolution
creating the Board allows no more than fifteen (15) members. The board currently has fourteen (14) members. Two
(2) applications were recently submitted. Fred Wilsen (District 2) and David Ball (District 1). Staff recommends
the City Commission consider appointing Fred Wilsen or David Ball to the Citizen Advisory Council for Ocoee
Police Department with a term ending January 1,2009.
Commissioner Johnson seconded by Commissioner Anderson moved appoint
David Ball to the CACOPD Board. Motion carried 4-0. with Commissioner Hood
absent.
18. Consideration of CancellinglRescheduling the Commission Meeting Scheduled. for July
4, 2006, and Consideration of Taking a Summer Break in August 2006. (City Clerk
Eikenberry)
Page 9 of 12
City Commission Regular
June 6, 2006
Commissioner Johnson seconded by Commissioner Anderson moved cancel the
July 4. 2006 reaular Commission Meetina due to it fallina on a holiday. and leave
both meetinas in Auaust. as scheduled. Motion carried 4-0 with Commissioner
Hood absent.
I I. STAFF REPORTS
Discussion Regarding Charter Review Board. (City Clerk Eikenberry)
City Attorney Rosenthal advised that the Charter calls for a Charter Review Commission in
1999 and 2009, and we have had Charter Review Boards off of the ten years cycle in the past,
but he feels we are online for having another board in 2009. Commissioner Anderson advised
that specific issues that need to be changed can be placed on referendum ballot by the
Commission, and it is not really necessary to review the entire Charter at this time. He said he
will ask residents in his district if they feel there are any items that need to be considered.
Consensus of the Commission was to discuss this aaain at the next Commission
Meetina when Commissioner Hood returns. and determine if he felt there are
several issues that need to be reviewed. which would reauire a Charter Review
Board. of if he feels other options can be used to address a few specific issues.
Report on North Lakeshore Drive. (Utilities Director Smith)
Utilities Director Smith handed out a table of project costs for the Lakeshore Drive area, broken
down by North and South Lakeshore Drive, and including entire Bluford Avenue Downtown
Area.
Consensus of the Commission was to hold a Public Hearina in July 2006 to aet
input from those effected residents. Include all aspects of this project in the
discussion includina arant money. financina. utilities. environmental issues. etc.
Update on Police Station Sites - Jamie Croteau
Consensus of the Commission was to hold a workshop and have staff produce a
list with the breakdown of each potential site. pros and cons. includinQ costs.
eminent domain issues. risks. etc. Have newly appointed Police Chief Reffett aet
involved in the process.
Staff Recognition
City Manager Frank congratulated Deputy City Clerk, Melanie Sibbitt on receiving her
Certified Municipal Clerk (CMC) status.
Page 10 of 12
City Commission Regular
June 6, 2006
Commission Appointments to Local Boards and Ex-Officio Membership on City Boards.
(City Clerk Eikenberry)
Consensus of the Commission was to make the followina chanaes in
appointments to City Boards and Outside Aaency Boards:
CACOFD
CACOPD
Personnel Board
Education Incentive Committee
West Orange Health Alliance
Tri-county League of Cities
West Orange Airport Authority
West Orange Chamber of Commerce
Commissioner Keller
Commissioner Johnson
Commissioner Hood
Commissioner Hood
Commissioner Anderson
Commissioner Anderson
Commissioner Anderson
Commissioner Johnson (appointed 9/5/05)
I J. COMMENTS FROM COMMISSIONERS
Commissioner Anderson 1) asked about the Board Ramp Area along Starke Lake; he would
like staff to look into renting space and/or parking to keep people from setting up camp for the
whole weekend and allow all residents to have access. City Manager Frank said he would like
Parks and Recreation Director Hayes to have the opportunity to look at that and incorporate it
into the comprehensive rate resolution we have been working on, which includes all of the fees
that we charge, 2) said he would like staff to run the Fish Orlando video on OGTV on a weekly
basis, and 3) would like to have staff look into the possibility of having satellite and other non-
cable customers get access to OGTV.
Commissioner Johnson- 1) announced a meeting Monday at 7:00 p.m. at Glad Tidings Church
to discuss the Progress Energy proposed substation, and he would like Community Development
Director Wagner, and the City Manager or Assistant City Manager to attend, 2) said he would
like to assist West Orange High School in getting new band equipment. They need $13,800 and
would like the Commission to encourage the City as well other developers or business owners to
assist them.
Commissioner Johnson seconded by Commissioner Keller moved to arant ~
in matchina funds. when they raise an eaual amount by other means. Motion
carried 4-0. with Commissioner Hood absent.
Commissioner Keller- congratulated Officers Hernandez and Officer Maroney again for the
awards that they received in the last few weeks. (previously mentioned under Item #16)
Mayor Vandergrift - 1) said that in the near future one-third of Ocoee residents will be serviced
by County Water, this is moving money out of the City in the form of impact fees, meter fees,
etc. We need to negotiate with the county wholesale it to us.
City Manager Frank said he does not believe the County has ever been approached to sell us
the system or some of its components, and he is not sure we are in the financial position to do
that. We would have to spend some money to look at the value of the system, and if we made a
legitimate offer, it is possible they would be interested in putting in a master meter and
wholesaling water to us.
Commissioner Anderson seconded by Mayor Vanderarift moved direct staff to
start neaotiations with Oranae County to take over utilities in the JPA area.
Motion carried 4-0. with Commissioner Hood absent.
2) check the garbage cans along the lakefront of Starke Lake, the old cans are overflowing and
the new garbage cans have not arrived yet, 3) needs people assist a veteran on Saturday at 8:00
Page 11 of 12
City Commission Regular
June 6, 2006
a.m., 1971 Key Lime Street, in Amber Ridge; to remove wood from two large trees that were cut
down a few years ago and the rotting wood is now drawing rats.
I ADJOURNMENT
The meeting was adjourned at 10:48 p.m.
Attest:
APPROVED:
City of Ocoee
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
Page 12 of 12